HomeMy WebLinkAbout08-1980
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CITY SECRETARY'S FILE
PACKET N
THE FOLLOWING INSTRUMENT IS FILED INT`H`E` ~
FILES OF TIC CITY SECRETARY;
'77 r- 7)
Contract No. DACl+63-80-C-0104
CONTMCT BET14EEN THE UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEXAS
FOR
WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS
THIS CONTMGT, entered Into thiskJ day of ka- 1980, by and between
the United States of America (hereinafter called the Government), represented
by the Contracting Officer executing this contract, and the City of Denton,
Denton County, Texas (hereinafter called the City), WITNESSETH THAT:
WHEREAS, the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat. 1091)
authorized the construction, operation, and maintenance of Aubrey Lake including
modification of Garza-Little Elm Reservoir, since renamed Lewisville Lake, (here-
inafter called t'ae Project) on the Elm Fork of the Trinity River in the State of
Texas; and
WHEREAS, in accordanrc with the authorized modification, Lewisville Lake
(located immediately downstream from the Aubrey Dam) will be modified to permit
the transfer of flood control storage from Lewisville Lake to Aubrey Lake for
an equivalent amount of water supply storage in Lewisville Lake for municipal
and industrial uses; and
WHEREAS, the City desires to contract with the Government for the use of
storage included in Aubrey Lake and the additional storage to be made available
in Lewisville Lake for municipal and industrial water supply and for payment
of the cost thereof in accordarcq with the provisions of the Water Supply Act of
1958, as amended (43 U.S.C. 390b); and
WHEREAS, the City is empowered so to contract with the Government s.nd is
vested with all the necessary powers for accomplishment of the purposes of
this contract, including those required by Section 221 of the Flood Control Act
of 1970 (42 U.S.C. 19624-5b);
NOW, THEREFORE, the Government and the City agree as follows:
ARTICLE 1. Water storage space.
a. Project construction. The Government, subject to the directions of
Federal law and any limitations imposed thereby, shall design and construct the
Project so as to include in Aubrey Lake space for the storage of water by the
City and space for the storage of floodwaters which will permit the reallocation
of flood control storage in Lewisville Lake to municipal and industrial water
supply storage, a portion of which will also be utilized by the City.
b. Rights of the City.
(1) The City shall have the right to utilize (a) an undivided 26.0
percent (estimated to contain 207,900 acre-feet gross storage, including
storage for sediment deposits) of the total storage space in Au'.)rey Lake below
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elevation 632.5 feet above mean sea level, which total storage space is
estimated ro contain 799,600 acre-feet gross storage, including storage for
sediment deposits, and (b) an undivided 26.0 percent (estimated to contain
46,200 acre-feet gross storage, including storage for sediment deposits) of
i:he total storage space in Lewisville Lake between elevations 525.0 feet above
mean sea level and 522.0 feet above mean sea level, which total storage space
is estimated to contain 177,600 acre-feet gross storage, including storage for
sediment deposits. The storage space in Lewisville Lake is to be used to im-
pound water for present demand or need for municipal and industrial water supply;
and the storage space in Aubrey Lake is to be used to impound water for present
and anti,2ipated future demands or needs for municipal and industrial water supply.
In Aubrey Lake, 52 percent (an estimated 108,100 acre-feet) of the space which
the City has a right to utilize is for present use water storage and 48 percent
(an estimated 99,800 acre-feet) is for future use water storage.
(2) The City shall have the right to withdraw or transfer water from
or transfer water into either or both of the two lakes, or to order releases to
be made by the Government through the outlet works in the dams, subject to the
provisions of Article lc and to the extent the aforesaid storage spaces will
provide. The City shall have the right to construct all such works, plants,
pipelines, and appliances as may be necessary and convenient for the purpose of
transfers or withdrawals, subject to the approval of the Contracting Officer as
to design and location. The grant of rights-of-way across, in, and upon land
of the Government at Aubrey Lake and at Lewisville Lake shall be by separate
instrument in a form satisfactory to the Secretary of the Army, without addi-
tional cost to the City, under the authority of and in accordance with the
provisions of 10 U.S.C. 2669. Subject to the conditions of such grants, the
City shall have the right to use so much of Aubrey Lake and Lewisville Lake
lands as may reasonably be required in the exercise of the rights and privileges
herein granted.
c. Rights reserved. The Government reserves the right to lower the water
in Aubrey Lake to elevation 632.5 feet above mean sea level and to lower the
water in Lewisville Lake to elevation 522.0 feet above mean sea level during
such periods of time as is deemed necessary, in its sole discretion, for flood
control purposes. The Government further reserves the right to take such
measures as may be necessary in the operation of Aubrey Lake and Lewisville
Lake to preserve life or property.
d. Quality or availability of water. The City recognizes that this con-
tract provides storage spaces for raw water only. The Government makes no
representations with respect to the quality or availability of water and
assumes no responsibility therefor or for the treatment of water.
ARTICLE 2. Regulation of and right to use of water. The regulation of
the use of water withdrawn or released from or transferred to or from the
aforesaid storage spaces shall be the sole responsibility of the City. The
City has the full responsibility to acquire in accordance with State laws and
regulations, and if necessary to establish or defend, any and all water
rights needed for utilization of the storages provided under this contract.
The Government shall not be responsible for withdrawals, transfers, or
diversions by others, nor will it become a party to any controversies
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involving the use of the storage spaces by the City except as such controversies
may affect the operations of the Government.
ARTICLE 3. aeration and im--sintenance. The Government shall operate and
maintain Aubrey Lake and Lewisville Lake, and the City shall pay to the Government
a share of the costs of such operation and maintenance as provided in Article Sc.
The City shall be responsible for operation and maintenance of all installations
and facilities which it may construct for the transfer into or out of or with-
drawal of water from either or both of the two lakes and shall bear all costs of
construction, operation, and maintenance of such installations and facilities.
ARTICLE 4. Measurement of withdrawals and releases. The City agrees to
furnish and install, without cost to the Government, suitable meters or measuring
devices satisfactory to the Contracting Officer.for the measurement of water
which is transferred into Aubrey Lake or Lewisville Lake or is withdrawn or
transferred from Aubrey Lake or Lewisville Lake by any means other than through
Aubrey Lake or Lewisville Lake outlet works. The City shall furnish to the
Government monthly statements of all such withdrawals or transfers. Releases
from the water supply storage spaces through Aubrey Lake or Lewisville Lake
outlet works shall be made in accordance with written schedules furnished by the
City and approved by the Contracting officer and shall be subject to Article lc.
The measure of all such releases shall be by means of a rating curve of the
outlet works or by such other suitable means as may be agreed upon prior to use
of the water supply storage space or spaces.
ARTICLE 5. Payments. In consideration of ,',A right to utilize the aforesaid
storage spaces in Aubrey Lake and Lewisville Lake for municipal and industrial
water supply purposes, the City shall pay the following sums to the Government:
a. Project investment costs.
(1) The City shall repay to the Government, at the times and with
interest on the unpaid balance as hereinafter specified, the amounts stated below
which, as shown in Exhibit A of this contract, constitute the entire estimated
amount of the construction costs, including interest during construction, allo-
cated to the water storage rights acquired by the City under this contract. The
interest rate to be used for purposes of computing interest during construction
and interest on the unpaid balance will be determined by the Secretary of the
Treasury as of the beginning of the Government fiscal year in which construction
of the Project is initiated on the basis set forth in the Water Supply Act of
1958, as amended. Such interest rate at the time of negotiation of this contract
(Government fiscal year 1980) is 7.210 percent. The City shall repay:
2t. e,s,cent of the construction cost of specific water
supply facilities, estimated at $ 56,700
18.39 percent of the total Project joint use
construction cost, estimated at 32,6639500
Interest during construction, estimated at 4,119,200
Total estimated amount of Project investment cost
allocated to 26 percent of the water supply $37,4389400
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AU;; I .i J98O
(2) The Project investment costs allocated to the storage space `
indicated in Article 1(b)(1) as being provides for present demand is currently
estimated at $19,641,600, on the basis of the costs presented in Exhibit "A".
The amount of the Project Investment costs allocated to the storage for
present demand shall be paid in 50 consecutive annual installments, the first
of which shall be due and payable within 30 days after the City 's notified
by the Contracting Officer that the Project is completed and operational for
water supply purposes. Annual installments thereafter will be due and payable
on the anniversary date of the first payment. Except for the first payment
which will be applied solely to the retirement of principal, all installments
shall include accrued interest on the unpaid balance at the rate provided
above. The last annual installment shall be adjusted upward or downward when
due to assure repayment of all of the investment costs allocated to the storage
for present demand within 50 years.
(3) The Project investment cost allocated to the remaining portion of
the storage space, that provided in Aubrey Lake for future use, is currently
estimated at $17,796,800 on the basis of the costs presented in Exhibit A of
this contract. No principal or interest payment with respect to this storage
for future water supply is required to be made during the first 10 years following
the date the Project is operational for water supply purposes unless all or a
portion of such storage is used for purposes of withdrawal of water from or
transfer of water into Aubrey Lake during this period. The amount to be paid
for any portion of such storage which is used shall be determined by multiplying
the percentage of the total storage for future water supply which is placed in
use by the total amount of the Project investment cost allocated to future water
supply. Interest at the rate provided above will be charged on the amount of
the Project investment cost allocated to the storage for future water supply
which is not being used from the tenth (10th) year following the date the Project
is operational for water supply purposes until the time when such storage is
first used. The City may at its option pay the interest as it becomes due or
allow the interest to accumulate until the storage is used. If this latter
option is exercised, the interest will be compounded annually and added to the
principal amount. When any portion of the storage for future water supply is
used, the amount of the Project investtment cost allocated thereto plus interest
applicable to such portion as provided above will be due and payable on the date
of first use of such portion. The said amount due shall be paid within the life
of the Project in not to exceed 50 consecutive annual payments beginning on the
next anniversary date established in accordance with the provisions of Article
3a(2) above. Annual payments thereafter for such portion will be due and payable
on said anniversary date. For any portion, all payments shall include accrued
interest on the unpaid balance at the rate provided above, with interest accruing
from the said date. of first use of such portion. The last annual payment for
any portion shall be adjusted upward or downward when due to assure repayment of
all the investment cost allocated to such portion within the repayment period.
(4) An estimated schedule of annual payments for the storages provided
for present demand is attached as Exhibit S of this contract. The annual pay-
ments as provided therein shall be made until an interim estimated determination
of cost or a final determination of cost is made as provided in Article 6.
Payment schedules for the storage provided for future water supply demands will
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be furnished by the Contracting Officer when use of such storage is started, and
if based on estimated costs will be subject to revision, as provided in Article
6, until actual costs are known.
(5) The City shall have the right at any time it so elects to prepay
the indebtedness under this Article 5a, in whole or in part, with accrued
interest thereon to the date of such prepayment.
b. Major capital replacement costs and resedimentation surveys costs. The
City will be required to pay to the Government 26 percent of the cost for any
major capital replacement of specific water supply facilities at Aubrey Lake.
In addition, the City shall pay to the Government 6.760 percent of the costs of
joint use major capital. replacement items at Aubrey Lake until such time as the
storage for future water supply is first used. As the storage provided for
future water supply is used, the share of the joint use major capital replace-
ment items costs, which the City will be required to pay in addition to the
major capital replacement costs of the specific water supply facilities, rill be
increased commensurate with the percentage of the total water supply storage
being used up to a total of 13.000 percent of such costs. The City will also
be required to pay to the Government 10.155 percent of the costs of sedimenta-
tion resurveys at Aubrey Lake until such time as the storage for future water
supply is used. As the storage provided for future water supply demands is
used, the share of the sedimentation resurveys costs which the City will be
required to pay will be increased commensurate with the peecentage of the total
water supply storage being used up to a total of 19.528 percent of such costs.
Paymeut shall be made either in lump sum on demand at the time such costs are
incurred or annually with interest on the unpaid balance. If paid annually, the
City's share shall be paid within the life of the Project not to exceed 25 con-
secutive annual payments beginning on the next anniversary date escablished in
accordance with the provisions of Article 5a(2) above following the date demand
is made for payment of said major capital replacement costs and resedimentation
surveys. Annual payments thereafter will be due and payable on said anniversary
date. All payments shall include accrued interest on the unpaid balance at the
rate determined by the Secretary of the Treasury on the basis of the Wat-ir Supply
Act of 19589 as amended, for use in the Government fiscal year in which itajor
capital replacement is initiated, with interest accruing from the date staid
major capital replacement is initiated. The last annual payment shall bu
adjusted upward or downward when due to assure repayment of all the incur-ed
costs within the repayment period.
c. Annual operation and maintenance costs.
(1) The City will be required to pay to the Government 26 percent of
the annual experienced operation and maintenance costs of specific water supply
facilities at Aubrey Lake. In addition, the City shall pay to the Government
7.759 percent of the annual experienced joint use operation and maintenance
costs of Aubrey Lake until such time as the storage for future water supply is
first used. As the storage provided for future water supply demands is used,
the share of the annual experienced joint use operation and maintenance :osts,
which the City will be required to pay in addition to the operation and mainte-
nance coats of the specific water supply facilities, will be increased
commensurate with the percentage of the total water supply storage being used
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• AUG 1 i934
up to a total of 14.321 percent of such costs. Twelve m-nths prior to the ex- ~
pected date that the Contracting Officer shall notify the City that the Project
is complete and operational for the water supply purpose, the Government shall
provide the City an estimate of the first advance payment for operation and
maintenance costs. The first payment for operation and maintenance costs of
present use water supply storage in Aubrey Lake will be due and payable in
advance within 90 days after the Contracting Officer notifies the City that
the Project is completed and operational for water supply purposes, will be for
the period beginning on the date the Project is operational for water supply
purposes and ending on 30 September following, and will amount to the sum of
the first payment for specific water supply facilities costs and the first pay-
ment for joint use costs. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on 2 January
following the close of the prior Government fiscal year. Payment by the City
and payment adjustments by the Government shall be in accordance with Exhibit A,
IV9 B.
(2) When each and any portion of the future water supply storaga is
placed in use, the first payment of the additional amount of the joint use
operation and maintenance costs required to be paid for such storage use will
be due and payable in advance within 30 days after first use of such storage
and will be for the period beginning on the date of said first use and ending
on 30 September following. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on
2 January following the close of the prior Government fiscal year.
d. Charges for delinquent payments. If the City shall fail to make any of
the aforesaid payments when due, then the overdue payments shall bear interest
compounded annually until paid. The interest rate to be used for overdue pay-
ments due under the provisions of Articles 5a, 5b, and 5c above shall be that
determined by the Secretary of the Treasury on the basis of the Water Supply Act
of 1458, as amended, for use in the Government fiscal year in which each period
of delinquency occurs. The amount charged on payments overdue for a period of
less than one year shall be figured on a monthly basis. For example, if the
payment is made within the first month after being overdue (31 to 60 days afar
the anniversary date of the date of notification) one month's interest shall
be charged. This provision shall not be construed as giving the City a choice
of either making payments when due or paying interest, nor shall it be construed
as waiving any other rights of the Government, at law or in equity, which might
result from any default by the City.
e. Assurance of funds for contract payments. The City warrants that all
payments contracted hereunder shall be secured by a pledge of surplus revenues
of the City's combined Waterworks and Sanitary Sewer System remaining after
payment of all expenses of operating and maintaining such systeem and after
providing for payment of all debt service, reserve, or other req,:irements in
connection with the City's Waterworks and Sanitary Sewer System Revenue Bonds now
outstanding or those hereafter issued on a first lien basis or on such other
basis as may be approved by the Contracting Officer, provided, that in the event
such surplus revenues may become or are insufficient to meet the payments
contracted hereunder, the City shall fix and collect such rates and charges for
services of said combined system as will make possible the prompt payment of
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all the aforementioned requirements including payments contracted hereunder.
Payments made by the City as Project investment cost and as major capital re-
placement osts shall be regarded as capital expenditures.
ARTICLE 6. Construction cost adiustments. All construction cost dollar
amounts in this contract, including those in the Exhibits, are tentative only
based on the Government's best estimates. They will be adjusted upward or down-
ward by the Contracting Officer when final construction costs become known, and
the contract will be modified to reflect the adjustments. Within two years
after the Project is completed and operational for water supply purposes, the
Contracting Officer shall make a revised interim estimated determination of
construction costs, including interest during construction and taking into
account the actual costs to the extent they are then known. In like manner,
further interim determinations shall be made at two year intervals until all
actual costs are known, at which time the Contracting Officer shall prepare a
final cost determination, including interest during construction. On each
occasion of an interim determination, or on final determination, the annual
payments thereafter due stall be changed so as to provide for the payment of
the balance du- in equal payments during the remaining life of the repayment
period; and a revised schedule, or schedules as necessary, of annual payments
shall be furnished to the City.
ARTICLE 7. Duration of contract. This contract shall be effective when
approved by the Secretary of the Army and shall continue in full force and effect
for the life of Aubrey Lake and Lewisville Lake. Eoth Aubrey Lake and the addi-
tional storage to be made available in Lewisville Lake have been formulated on
the basiE of 100 years economic life.
ARTICLE 8. Permanent rights to storage. Upon completion of payments by
the City as provided in Article 5a herein, the City shall have a permanent
right, under the provisions of the Act of 16 October 1963 (Public Law 88-140,
43 U.S.C. 390e), to the use of the water supply storage spaces in Aubrey Lake
and Lewisville Lake as provided in Article 1, subject to the following:
a. The City shall continue payment of its share, as provided in Article 5c,
of the annual operation and maintenance costs allocated to water supply.
b. The City shall bear 26 percent of the costs allocated to (1) water
supply for Aubrey Lake and (2) the total storage space between elevations 515.0
feet above mean sea level and 522.0 feet above mean sea level for Lewisville
Lake of any necessary reconstruction, rehabilitation, or replacement of Aubrey
Lake or Lewisville Lake features which may be required to continue satisfactory
operation of Au'orey Lake or Lewisville Lake. Such costs will be established
by the Contracting Officer and repayment arrangements shall be in writing in
accordance with the terms and conditions set forth in Article 5(b) for major
capital replacement costs.
c. Upon completion of payments by the City as provided in Article 5a
herein, the Contracting Officer shall redetermine the storage space for munici-
pal and industrial water supply in Aubrey Fake, taking into account such
equitable reallocation of lake storage capacities among the purposes served
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by Aubrey Lake as may be necessary due to sedimentation. Such findings, and the
storage space allocated to municipal and industrial water supply, shall be de-
fined and described in an exhibit which will be made a part of this contract.
Following the same principle, such reallocation of lake storage capacities may
be further adjusted from time to time as the result of sedimentation resurveys
to reflect actual rates of sedimentation and the exhibit revised to show the
revised storage space allocated to municipal and industrial water supply.
d. The permanent rights of the City under this contract shall be continued
so long as the Government continues to operate Aubrey Lake and/or Lewisville
Lake. In the event the Govert;r.,nt no longer operates Aubrey Lake or Lewisville
Lake, such rights may be continued subject to the execution of a separate con-
tract, or supplemental agreements providing for:
(1) Continued operation by the City of such part of the facility
as is necessary for utilization of the water supply storage spaces allocated
to it;
(2) Terms which will protect the public interest; and
(3) Effective absolvement of the Government by the City from all
liability in connection with such continued operation.
ARTICLE 9. Release of claims. The City shall hold and save the Government,
including its officers, agents, and employees, harmless from liability of any
nature or kind for or on account of any claim for damages which may be filed or
asserted as a result of the storages in Aubrey Lake and/or Lewisville Lake, or
withdrawal or release of water from or transfer of water to or from Aubrey Lake
or Lewisville Lake made or ordered by the City, or as a result of the construc-
tion, operation, or maintenance of the features and appurtenances owned and
operated by the City, provided, that this shall not be construed as obligating
the City to hold and save the Government harmless from damages or liability
resulting from the sole negligence of the Government or its officers, agents,
or employees and not involving negligence on the part of the City or its
officers, agents, or employees.
ARTICLE 10. Assignment. The City shall not transfer or assign this con-
tract or any rights acquired hereunder, nor sub-allot said water supply storage
spaces or any part thereof, nor grant any interest, privilege, or license
whatsoever in connection with this contract, without the approval of the
Secretary of the Army, provided, that unless contrary to the public interest,
this restriction shall not be construed to apply to any water that may be
obtained from the water supply storage spaces by the City and furnished to
any third party or parties, nor any method of allocation thereof.
ARTICLE 11. Officials not to benefit.' No member of or delegate to Congress,
or Resident Commissioner, shall be admitted to any share or part of this contract
or to any benefit that may arise herefrom; but this provision shall not be con-
strued to extend to this contract if made with a corporation for its general
benefit.
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ARTICLE 12. Covenant against contingent fees. The City warrants that no
person or selling agency has been employed or retained to solicit or secure
this contract upon agreement or understanding for a commission, percentage,
brokerage, or contingent fee excepting bona fide employees or bona fide
established commercial or selling a&encies maintained by the City for the
purpose of i business. F breach violation
Government shall have the right to annul this contract without liabilit~ orein
its discretion to add to the contract price or consideration or otherwisc re-
cover the full amount of such commission, percentage, brokerage, or contingent
fee.
ARTICLE 13. Environmental quality, During any construction, operation,
and maintenance by the C',ty of any facilities, specific actions will be taken to
control environmental pcllution which could result from such activity and to
comply with applicable Federal, State, and local laws and regulations concerning
environmental pollution. Particular attention should be given to (1) reduction
of air pollution by control of burning, minimization of dust, containment of
chemical vapors, and control of engine exhaust gases and smoke from temporary
heaters; (2) reduction of water pollution by control of sanitary facilities,
storage of fuels and other contaminants, and control of turbidity and siltation
from erosion; (3) minimization of noise levels; (4) onsite and offsite disposal
of waste and spoil; and (5) prevention of landscape defacement and damage.
ARTICLE 14. Federal and State laws.
a. In acting under its rights and obligations hereunder, the City agrees
to comply with all applicable Federal and State laws and regulations, including
but not limited to the provisions of the Davis-Bacon Act (40 U.S.C. 276a et
seq.); the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333);
and Title 29, Code of Federal Regulations, Part 3.
b. The City furnishes as part of this contract an assurance (Exhibit C)
that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241,
42 U.S.C. 2000d et seq.) and Department of Defense Directive 5500.11 issued
pursuant thereto and published in Part 300 of Title 32, Code of Federal
Regulations.
ARTICLE 15. Water conservation. There is a strong Federal interest in the
efficient use of Federal projects, and this objective may be served by effective
management of the Lae of water from the system into which a Federal project is
integrated. Therefore, prior to the first use of storage space indicated in
Article l(b)(1), the City shall submit to the Contracting Officer for his approval
a management plan which incorporates loss reduction measures and demand
management practices which insure that the available supply is used in an
economically efficient and environmentally sensitive manner. The plan shall
contain a program for implementation of specific time-phased measures. At not-to-
exceed five-year intervals, the City and the Contracting officer shall review and
modify the plan as the results of the implementation of measures are made apparent
and as the system supplies and user demands change.
ARTICLE 16. Definitions.
a. Joint use costs. The costs of features used for any two or more
Project purposes.
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b. Project investiaent costs. The initial cost of the Project, including:
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land acquisition; construction; interest during construction on the cost of
land, labor, and materials used for planning and construction of the Project.
C. 5 ecific costs. The costs of Project features normally serving only
one particul~ ar project purpose.
d. Intent during construction. An amount of interest which accrues on
expenditures for the establishment of Project services during the period between
the actual outlay and the time the Project is first made available to the City
for water storage.
ARTICLE 17. Approval. This contract is subject to the written approval
of the Secretary of the Army, and it shall not be binding until so approved.
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IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written.
APPROVED: IHE UNITED STA S OF AMERI
Assistant o Palladino
Secretary of the Army (CW) Colonel, CE
Contracting Officer
Date ~ o $~P 1980
Date ,j~
CITY OF DENTON, TEXAS
i
By
*chrd 0. S ewart
ayor
I, Brooks Holt, certify that I am the City Secrets of a City of Denton,
Denton County, Texas, named as City herein; that x~Iharc who signed
this contract on behalf of the City of Denton was tten K~ or of the City of
Denton, Texas; that said contract was duly signed for and on behalf of the
City of Denton, Texas by authority of its governing body and is within the
scope of its legal powers.
IN WITNESS WHEREOF, I have hereunto affi ed my hand and the seal of said
City of Denton, Texas this S day of 1980.
le ~ !4001--
Brooks Holt
Secretary
City of Denton, Texas
CORPORATE SEAL
Re71eved for CoM4Bence
/~iplee
•N~frocu~ement F
a:.d ge~ilatione
lI
Contract No. DACW63-80-C-0104
ALBREY AND LEWISVILLE LAKES
EXHIBIT A
I - LAKE STORAGES
Aubrey Lake
Gross Percent Percent of
Feature Elevation storage of gross water supply
feet msl) acre-feet
_storage sto___~~aRe _
Flood control 632.5-640.5 265,000
Water supply below 632.5 24.892
799 600 75.108 100.0
(City of Dallas) below 632.5 (591,700) (55.580)
(City of Denton) below 632.5 k207i900) 19.528) (74.0)
Totals 11064,600 - (26.0)
100.000
Lewisville Lake
Gross Percent Percent of
Elevation storage (1) of gross water supply
Feature feet msl)
(acre-feet) storage (2) storage
Flood control 522.0-532.0 3369100 65.427
Water supply 515.0-522.0 177,600 34.573
(City of Dallas) 515.0-522.0 100.0
(131,400) (25.579) (74.'>)
(City of Denton) 515.0-522.0 46 200) 8.994) (26.0}
Totals 513,700(2) 100.000
(1) 1985 condition.
(2) Between elevations 515.0 and 532.0 feet msl.
II - PROJECT ESTIMATED CONSTRUCTION IVVESTMENT TO BE ALLOCATED
Federal construction cost
Nonreimbursable costs (unallocable) (1) $211,234,000
Project cost to be allocated _ 9,826,000
Interest during construction on allocable cost (2) $201,408,000
Project construction investment to be allocated 25,991,800
5225,399,800
(1) Relocation of roads above replacement-in-kind standards.
(2) Interest rate for Federal share of recreation - 3.25%.
Interest rate for wa..er supply and non-Federal share of recreation -
7.210%.
A-1
III -ALLOCATION OF ESTIMATED CONSTRUCTION INVESTMENT 1 J ISO
(Separable costs - remaining benefits method)
Water .
supply Recreation Totals
1. Specific facilities cost $ 2180000 $23566,000
Aubrey Lake $ 2397849000
(2180000) (19,985,000) (20,203,000)
Lewisville Lake (0) (315819000)
2. Joint use facilities cost 125,629,000 (3,581,000)
Aubrey Lake 51,995,000 177,624,000
Lewisville Lake (1249413,200) (51,491,800) (175,905,000)
:_(1,215 800)
__L503,200) (1,7191000)
Subtotals - cost $125,847,000 $75,561,000 $2019408,000
3. Interest during
construction 189147,100 5 844 700 23,991,800
Aubrey Lake (170971,800) (59437,400) (239409,200)
Lewisville Lake _ (175,300) _ 407,300} (502s600)
4. Total allocation-
Investment $14399949100 $ 819405,700 $225,399,800
Aubrey Lake (142,603,000) (769914,200) (2199517,200)
Lewisville Lake (1,391,100) (4,491,500) (5,8829600)
(1) Interest rate for water supply - 7.210% (fiscal year 1980). Interest rate
for reimbursement for water supply storage will be set as of the beginning
of the Government fiscal year in which construction of the Project is started,
(2) Investment cost to be repaid by: Lewisville Lake Aubrey Lake Totals
City of Dallas - 74% $1,024,400 $105,5269300 $106,5559100
Present water supply (19029,400) (54,873,700) (559903,100)
Future water supply (0) (5096529600) (50,652,600)
City of Denton - 26% 361,700 37,0769700 37,4389400
Present water supply (3619700) (19,279,900) (19,641,600)
Future water supply (0) (1700) _ 17,7961800)
Totals $1,391,100 $142,6039000 $143,994,100
IV - ALLOCATION OF ESTTMATED OPERATION AND MAINTENANCE COSTS
Aubrey Lake
A. Allocation of estimated total annual costs:
Water
supply Recreation Total
1. Specific cost $ 70,400 $642,000 $712,400
2. Distribution of joint use
cost (percent) 57.39 42.61 100,00
3. Allocated joint use cost 1029100 75,800 1779900
4. Total allocation $172,500 $717,800 $890,300
To be paid by the City of Denton:
26% of specific cost for water supply facilities 189300
Aubrey Lake joint use cost:
Present use w/a storage (0.52 x 0.26 x 0.5739 x $177,900) 13,800
Future use w/s storage (0.48 x 0.26 x 0.5739 x $177,900) 12,700
Total
$ 44)800
A-2
B. Annual payment adjustment:
Payment for the City of Denton's share of the annual operation and
maintenance costs allocated to water supply storage for each Government
fiscal year will be made by the City in advance on 2 January following
close of the prior Government fiscal year. For present use water
supply storage, the first pay:aent for such costs will be estimated
based on the Contracting Officer's annual estimates therefor, prorated
as necessary for a partial year of Project operation. Each annual
payment thereafter will include (1) an advance payment for the current
fiscal year, estimated based on the actual operation and maintenance
costs incurred for the preceding fiscal year (except as noted for
particular conditions), and (2) an amount (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year. For future use water
supply storage, all advance payments will be estimated based on the
actual operation and maintenance costs incurred for the preceding fiscal
year (except as noted for particular conditions). The first advance
payment will to prorated as necessary for a partial year of storage use;
and each annual payment thereafter will include an advance payment for
the current fiscal year and an amcuLLt (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year.
A-3
V - ALLOCATION OF ESTIMATED %,A,TOR CAPITAL REPLACEMENTS
COSTS AND SEDIMENTATION RESURVEYS COSTS
A. !4 or capital replacements costs: (1)
Aubrey Lake
Water
supply Recr` eation Total
1. Specific cost $219900 $133,000 $154,900
2. Distribution of joint use cost (percent) 50.00 50.00 100.00
3. Allocated joint use cost 7.100 7,100 _ 149200
4. Total allocation $29,000 $140,100 $1690100
To be paid by the City of Denton:
26% of specific cost for water supply facilities 5,100
Aubrey Lake joint use cost:
Present use w/s storage (0.52 x 0.26 x 0.5000 x $14,200) 19000
Future use w/s storage (0.48 x 0.26 x 0.5000 x $14,200) (2) 900
Total $ 1,600
(1) Estimates of average annual charges are used for determination of
allocated percentages. All charges will be based on the indicated per-
centages of actual costs if and when they are incurred.
(2) Additional amounts of joint use cost required to be paid as future water
supply storage is used will be computed as follows:
Percent of future w/s
storage placed in use
100 x 0.48 x 0.13000 x actual joint use cost
B. Sedimentation resurveys costs:
Aubrey Lake
Sedimentation resurveys costs allocated to water supply and to be paid by
the City of Denton in accordance with Article 5c(3) are based on the
percentage of the gross storage in Aubrey Lake represented by the storage
right of the City - see section I of this Exhibit A.
Present use water supply storage 0.52 x 19.528% - 10.155%
Percent of future w/s
Future use water supply storage storage placed in use . 9.373%
100
A-4
VI - COMPUTATIONS FOR ANNUAL PAYMENTS FOR INTFREST AND AMORTIZATION)
Present use water su 1 stora e:
Amount to be amortized:
Lewisville Lake $ 1,391,100 x 0.26 $ 361,700
Aubrey Lake $142,603,000 x 0.26 x 0.52 19.279,900
Total
$19,641,600
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 7.210 percent.
P - (A - P)(i + c) Where: P - annual payment
P - (A - P)(.0745602419P) A = amount to be repaid - $19,641,600
P = .0745602419A - 0.0745602419P i - interest rate - 7.210%
1.0745602419P . 0.0745692419A (i+c) - interest rate plus amortization
v 40745602419($19s641i6OO) coefficient for 49 years = 0.0745602419
1.0745602419
P - $1,362,866.77
A-5
• , EXHIBIT B
.
PMT. PAYMENT TO PAYMENT TO TOTAL BALANCE
NO, INTEREST PRINCIPAL PAYMENT DUE
19641600.00
1 0.00 136 866.77 1362866,77 18278733,23
2 1317896.67
3 1314654,32 44970.10 1362866.77 18233763,13
48212,45 1362866,77 18185550.68
4 1311178.20 51688,57 1362866.77 18133662,11
5 1307451.46 55415,31 1362866,77 18078446,80
6 1303456.01 59410,76 1362866.77 18019036.04
7 1299172.50 63694.27 1362866.77 17955341,77
8 1294580.14 68286.63 1362866,77 17887055.14
9 1289656.68 73210.09 1362866,77 17813845.05
10 1284378,23 78488,54 1362866.77 17735356.51
11 1278719.20 84147.57 1362866.77 17651208694
12 1272652.16 90214.61 1362866,77 17560994,33
13 1266147.69 96719.08 1362866.77 17464275,25
14 1259174.:_'5 103692652 1362866,77 17360582.73
15 1251698.01 111168.76 1362866,77 17249413, 97
16 1243682.75 119184,02 1362866.77 17130229.95
17 1235089,58 127777.19 1362866,77 17002452.76
18 1225876.84 1;16989.93 1362866.77 16865462.83
19 1215999.87 146866.90 1362866.77 16718595,93
20 1205410.77 157456.00 1362866,77 16561139.93
21 1194058,19 168808.58 1362866.77 16392311,35
22 118188749 180979,68 1362866.77 16211351,67
23 1168838.46 194028.31 1362866.77 16017323.36
24 1154849,01 208017.76 1362866.77 15809305.60
25 1139850.93 223015,84 1362866.77 15586289,76
26 1123771.49 239095.28 1362866.77 15347194.48
27 110653202 256334.05 1362866.77 15090860,43
28 1088051,04 274815,73 1362866.77 14816044,70
29 1068236,82 294629.95 1362566,77 14521414.75
30 1046994,00 315872.77 1362866.77 14205541.98
31 1024219.58 338647,19 1362866.77 13866894,79
32 999803011 363063.66 1362866.77 13503831.13
33 973626.22 389240.55 1362866.77 13114590058
34 945561,98 417304,79 1362866.77 1'697285.79
35 915474.31 447392,46 1362866,77 1.!249893,33
36 883217631 479649,46 1362866,77 11770243,97
37 848634,58 514232.19 1362866.77 11256011,68
38 811558.44 551308633 1362866.77 10704703.35
39 771809.11 591057.66 1362866.77 10113645.69
40 729193,85 633672192 1362866.77 9179972.77
41 683506,04 679360.73 1362866,77 8800612.04
42 634524,13 728342.64 1362866,77 8072269.40
43 $82010,62 780856.15 1362866,77 7291413s25
44 525%10,90 837155.87 1362866,77 6454257,38
45 465351.96 897514,81 1362866,77 5556742,57
46 400641,14 962225463 1362866.77 4594516.94
47 331264.67 1031602.10 1362866.77 3562914484
48 256886,16 1105980.61 1362866,77 2456934,23
49 177144.96 1185721,81 1362866.77 1271212,42
50 91654442 1271212,42 1362866,84 0.00
B-1
Contract No. DACW62-80-C-0104
AUBREY AND LEWISVILLE LAKES
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Dentin County, Texas (hereinafter called "Applicant-
Recipient") HEREBY AGREES THAT it will comply with title VI of the Civil
Rights Act of 1964 (Public Law 88-352) and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CFR Part 300,
issued as Department of Defense Directive 5500.11, December 28, 1964)
issued pursuant to that title, to the end that, in accordance with title VI
of that Act and the Directive, no person in the United States shall, on
the ground of race, color, or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under, any prcgram or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant-Recipient by
the U. S. Army Corps of Engineers, assurance shall obligate the Applicant-
Recipient, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a
purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If any
personal property is so provided, this assurance shall obligate the
Applicant-Recipient for the period during which it retains ownership or
possession of the property. In all other cases, this assurance shall
obligate the Applicant-Recipient for the period during which the Federal
financial assistance is extended to it by the U. S. Army Corps of Engineers.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts, property, discounts,
or other Federal financial assistance extended after the date hereof to the
Applicant-Recipient by the Department, including installment payment'-4 after
such date on account of arrangements for Federal financial assistance which
were approved before such date.
The Applicant-Recipient recognizes and agrees that such Federal assistance
will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
C-1
Judicial enforcement of this; assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assignees; and the
person or persons whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
Dated By
ch d 0. S wart
Mayo
ATTEST:
ooks Holt
Secretary
City of Denton, Texas
C-2
Contract No. DACW63-80-C-0104
AUBREY AND LEWISVILLE LAKES
MIBIT D
OPINION OF COUNSEL
I have reviewed and approved contract number DACW63-80-C-0104 between
the United States of America and the City of Denton, Texas.
Particularly I have considered the effect of Section 221 of Public Law 91-611
(42 U.S.C. 1962d-5b) and am of the opinion that the City of Denton, Texas
has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute.
Dated a uS
C. J. Taylor
City Attorney
City of Denton, Texas
D-1
~ ~ ~
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C•11"TANDARD SALE CONTRACT Martin Stationery Co., Dallas, Texas
79E STATE OF TEXAS
COUNTY OF DENTON BY THIS AGREEMENT AND CONTRACT,
Parties A. M. McDade hereinafter called Seller,
acting through the undersigned and duly authorized Agent, hereby sells and agrees to convoy u»to
City of Denton, Texas , hereinafter called Purchaser,
the following described property: Lying and situated In the City and County of Denton,
State of Texas and Laing more ,,articular!) described by metes and
bounds in Exhibit "A" attached hereto and made a part hereof.
Propertles
r
i
i
;I
the purchase price to 1 800.00 payable as follow: Gish at Closing
fC !ices k X ttbck kbzhi Yftxt toac hoc tins dfod~pck`xlbc~mo~mSip~dc ~A~mL
II
'M );M tiVCF=xe( In Mill MR sit Y it i t kxsayxa * xon(stipet by Mzh( aApext4x
II
i•
Terms
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~Il
'kbakal7t•{ct(xx•►lkllR7fft%%xxxxk'>110nt11ltx~i(1CSc~A'KiHtftt~m~(riaAlocslAtlEkxil~lvittt~alaeftMfcx~RSRdI
Ilj k111r%1k10~C~Y1~tY1(LXMx,:[~'7~1C61ti~ ti0(l9aR)txXk7rkJlXa[~EC
fl
P i1 agrees to~tdidtf- in Title Insurance Policy to acid property,
which ahall be conveyed free sad clear of any and all encumbrnnres except those named hereln.
In accordance with the terns of the Real Estate 1.1rense Art of the Slate of Texas, sore, as pur•
chair, are advised that yvu eh: old have the abstract ru~edris the r-at estate which is the subject of this
l contract examined by an attorney of your own selvUon, or that ;ou should be furnished with or obtain
a policy of title Insurance.
ikxdsytrxt>iRxfMxttbeixYRttkaeRx xlxlt~edlftttt~cax'axxlracxAloi"OkA wnldx nick
Title] ~ixaiOtx>ssssra'~iuitzggo~ntt^tnry M
Xiesox~`s i
stzt itkxxstxgllldutfttlluY MIQ}ACM7i~iixR kRatttRklsxtiwugocKolk xxx
IP1tl7tilx xwvl'!IR+J11e~9cktt~tflk~elilfllll;Mil(lnrrl~Rtt+A7lrkt(itllktc'11K71R7tA1~f7t1gltti{i<s(
It any title objections are made then the Feller Rkltk%)10~1t1sshall have a reasonable time to con
said objections and show good and anstirtable title. In the evedi o_f (allure to furnish good and marlielabie
i title, d purcham money bmby rerelpted for Is to be returned to Purchaser upon the cancellation and
E return of lhIs contact. or Purchaser may enforce speclAe perfurmarce of same.
Seller agrees when the title objections have been eared, to deliver ■ good and sul ient General
Warranty Deed properly conveying Bald property to said Nrchamr, and Purchaser agrees when said
deed is presented. to pay the balanret Ipumttaslxmslxxeaksmbtt xstbsxxx 741 7DrRd<Rit1<Atlk
g herein rovided for.
Closing sRM ltixstR tlotsnotssMSa fm( tuxss>A(
Rgt~fildk7tXA11kRIref~R 111:11C. R71`b1)inN~l (g01Rtf01tfAtAAR
ImsnahwbbleeoxEno I mo;estrwAn AVaktbemtzeats(YbWJMi ctxxxxxaxxxxxxxnct9eNlomxR
enftexuRlttlflfk~txfslslla+ttR ~ml>1xMiiyllll~tttolx
Taxes Taxes for the current year, the current rents, Insurance, and Interest, (if any), are to be prorated
to date of closing.
laxasdMxxKgetllet ,~t,tlt~fatlskitofx~ItlMtfttetkteenkllxmtlRdntkluPit,i
Special Purchaser agrees to ray all reasonayl: cost of closing.
Condltlms
Sale is subject to the final approval by tSo City COUnril of the City of
Denton, Texas.
f Executed In triplicate this 36MN day of C~,1, L _ ~ s 1Y 4
This contract subject to the acceptance of Seller
Ace twit V
i 31. CITY OF DENTON, TV AS
A. M. MeD e Ter
@iOtOtMltllX ~~7fl4E74 _
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF f BEFORE ME, the undersigned authority,
its and for said County, Texas, on this d;q psi sunally appeared
known to me to be the person whose name std +crlbed to the foregoing Instrument, and acknowledged to me that
he . executed the same fur the purposes and crtas'nvrntiwn therein expressed,
GIVEN UNDER MY }I %ND AND SVA1, OP 01~ FICF:,'IMN day of A. D. 19
.
N,I:uy I'ublir, County, Texas
ply l'nmrtitesinn Explres .
SINGLF ACKNONN'LE omn
THE STATE OF TEXAS,
COUNTY OF BEFORE ME, the undcrdgned authority,
In and for said County, Texas, on Dix day i ersonally appeared
known to me to be the pl rvm 16 1,. , C oaIJ b, d t,, t6r f, i, swrg inxtrwactit, and acknoMedg(A to me that
he executed thlz snn,~ fog th" poi( :.:'~11! :.41 ` thrtrln espnn+,•d
GIVENt'NDEit ply'if ANf+.1NilS1 It i~PliF11F'T'i1 yof A.D.19.
1, S)
k'u! ! County, Texas
1 f ~ I I r. S
i
1 m F- 11
sir
L-
EXHIBIT "A"
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 H. Sisco Survey, Abstract No. 1184, and also being part
of a + rack of land as conveyed from M. C. Sheppard to A. M. McDade
and wife, Beulah McDade by deed dated J,ine 9, 1951, and recorded in
Volume 370, Page 580 of the Deed Records of Denton County, Texas,
and more particularly described as follows:
BEGINNING at a point 44.57 feet south, more or less, of the
southeast corner of A. M. McDade lot and the northwest corner of the
C. P. Reed lot;
THENCE south with the west boundary line of C, P. Reed's lot, 163.45
feet, more or less, to C. P. Reed's southwest corner in the south
boundary line of H. Sisco Survey;
THENCE west with the south boundary line of Sisco Survey, 65.0 feet
to the southeast corner of Floyd McCoy lot;
THENCE north with the east boundary line of said McCoy lot, passing
his northeast corner at 60.0 fee':, and continuing in all 165.85
feet, more or less, to the southwest corner of the City of Denton,
Texas easement as conveyed to the City by A. M. McDade on July 26,
1978 and in the east boundary line of a lot conveyed to w. M. Smith;
THENCE east with the south boundary line of the City of Denton
easement, 65.5 feet to the place of beginning and containing
10,701.35 square feet of land, more or less.
w
7! rl
INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS (
COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS:
The City -of Denton, Texas, a M'anicLpal Dome Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manage-.,, 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. Advisory and trouble- shooting capacity to continue
the daily operations.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Services:
B. Twenty-Five Dollars (525.00) per hour.
B. Dates of Payments:
One week after services are received.
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.
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to fu.nish to Contractor the following services and/or
supplies:
1. Computer Time.
2. Terminal Use.
3. Documentation of the 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: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written notice of it3 intention to cancel this Agreement,
8. TERM OF CONTRACT: This Agreement shall commence on the
lst day of August, 1980, and end after one hundred and fifteen
(115) hours. y~
EXECUTED the this P~ day of k 1980.
47
CITY 0 NTO XAS
BY: _
CITY MANAGER
ATTEST
G
A
ITY OF DF.NION, TEX,kS
APPROVED iS TO LEGAL FORM:
C. J. TAYLOR, JR,, CITY ATTORNEY
CITY OF~DE:ITON, TEUS
BY: /i9~~~Ssst~
GOMP44f Eft Ca;.v~i~ tAP~U
tJrrNO-COMP tlFY
7
BY I-A-Z,4
The D. B. Smith, Jr., is hereby designated as tho person to
administer the provision of this a men
LTH
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Vol. ? 4
Ili THE STATE OIL TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Denton DEED RECD 05
THAT Kenton E. Maclntyre, and wife Mildred E. ".:clntyre 21-242
of Denton County, Texas , Ii consideration of the sum of
One Dollar ($1.00) and no/100 and other good and valuable consideration
in hand raid by the City of Denton, Texas receipt of which it 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,
it
owned by them . Situated in Denton County, Texas, in the
J.S. Collard Survey, Abstract No. 297
i
All that certain
I lot, tract or parcel of land lying and being situated in the City and I~
County of Denton, State of Texas, and being part of the J.S. Collard Survey, Abstract
No. 297, and also being part of a tract of land as conveyed from N. Edward Smith to
Kenton E. Maclntyre, and wife Mildred E. Maclntyre by Warranty Deed dated 6-14-77 and
recorded in Volume 840, Page 3 of the Deed Records of Denton County, Texas, and more
particularly described as follows:
Beginnl'ng at the south east corner of said tract, said point lyinq in the center of a
east and west public road, said center line also being the south boundary line of the
J.S. Collard Survey Abstract No. 297; i
Thence north 87°45' west along said line a distance of 718.54 feet to the southerly al
s; southwest corner of said tract, same being the southeast corner of a tract conveyed to j'
' the City of Denton:
j Thence north 1°52' east along the easterly west boundary line of said tract, same being
the east boundary line of the City of Denton tract, a distance of 25.0 feet to a point i
j for a corner; ;
Thence south 87°45' east 25 feet north of and parallel to the south boundary line of
said tract a distance of 720.53 feet to a point for a corner in the east boundary line
of said tract;
Thence south 6°25' west along the east boundary line of said tract a distance of 25.07 I
feet to the place of beginning and containing 17,987.95 square feet of land more or less.
And it is further agreed that the said City of Denton, Texas
In wnsideration of the benefits above set out, will remove from the property above described, such fences,
buildings' and 'other obstructions as may now be found upon said property,
For the purpose of constructing, installing, repairing and perpetually maintaining
public utilities In, along, upon and
across said premises, with the right and prlvI at all times of the grantee herein, his or Its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, Improvements on and repairs to the said
public utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesald for
the purposes aforesaid the premises above described.
Witness hand , this the day of , A. D. 19
tn''E _ye
ildred E. Maclntyre
I
0 A
Jill
SINGLE ACKNOWLEDGMEN
THE STATE OF TEXAS, I IF FIE, dt~ IR E thorlty,
COUNTY OF Qent0 f 45 s
in and for said County, Texas, on this day persontlly appeared.
_ I t~
known to me to be the person whose name sulscr l (d to tl,c foregntr Instr vt, and 1 16do o me
that.... he.... executed the soma for the purposes and consldcrution U,ercin rxpru .c!, i
Gr7LN UNDER MY HAND AND SEAL OF OPF1Ck, This day of A.D. 19
(L. S.)
Notnty Public, . _ . . County, Texas
My Commission Expires June 1, 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF . Denton . j
in and for said County, Texas, on this day personally appeared ..._Kenton._E....Mac[ntyre,.-and -wife-Mildred
E. MacIntyre
- -
Y V ny~~
knew ~a roe to b4~(~IgsoO whose name 5 subscrINA to the foregoing instrument, and acknowledKed to me
thltp 'ire 'iegnccuteajk same for the purposes and consideration therein ex ressed.
GIVENt VXREII AND AND SEAL OF OFFICE, This - Of y of A.D. 19p 0
u, Notary !'ublic! /~~a:le ft County, Texas
+,'r 1iy r'tmmission Fxpirts"Vie lr" /D• _T/-b'0
tt: car-a
a CORPORATION AC'KNON%'LE11G,%1F:NT
THE STA'Is'?I 'QVl ~~XAS,
COUNTY OF IIEF(WE 111:, the undersigned authority,
In and for sold County, 'fe)(n.. ,n this dray pl- m nnlly nplr•sn d
kr.,n, n t-- rip to 1a the prr,t n and (,cheer
whose name is subecribud to tl,e f rrvot n;r intlit?i- vl a•,I n,kv-wlt,li„i to me ihtl Ov e.nrte uns tbo apt of the 61114
a corporation, and thnt he Ceeectod the rumw us the at td s ,.h ror1A: ati m for tb, r,riKa s and Con514eratlun therein
expressed, and In the capacity lhercin stet„ I.
GIVEN UNDER MY )[AND AND SEAL OF OFFICE, This day of A11. 19
Notary Publie, County, T6su
My C'omrnlulon Eapirts June 1, It
CLERK'S 0,11TIFICATE,
THE STATE OF TEXAS, County
COUNTY OF.
Clerk of the County Court of said County, do hereby certify that the fnregoina Instrument of writing dated on the
day of A. D. 19 w th lu CertiAeate of Aulhentiestlon, was fled for
record In my office on the day of A. U. 17 at o'cltwk M., and duly
recorded this day of A. 1t. 19 at o 'cluck M.. In the
Records of 6164 County, In Volume , on pages
WITNESS MY HAND AND SEAL OF Tim COUN'rY COURT of raid county, at rm-* In
, the day and year Iarl abste written.
County Clerk County, Tessa.
(L 53 By Deputy.
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NAML AND AODRCSS Or AGENCY
FRED• SA AJAMES & COMPANY COMPANIES AFFORDING COVERAGES
1100 FULTON FEDERAL BUILDING -
TLANTA, GA 30335 1 p f1!E A1PRANY A CONTINENTAL CASUALTY COMPANY
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NAME AND 00RCSS OF Of INSURED
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Thisbtocenity that pollcieI of Insurance Wted below haw been FIT to t he niI,amed ebo re and are in force at this time. Iwdhflandin{ anyreQuiremenl,term Ur CO Ilion
of any Conbad ar other document with respect to %bjch IT'S carlmuts MAT, be I Lued or may pertain, the insurance anorded by the policies dncr4»d herein is subpxl to all the
terms, eeclua:on{ and conditions of such Nkies,
COMPANY Irnr, Limits a Liabil EY_n Ioutan a
LITTER TYPE OFINSURANCt PUIrIYNUA94N lsnIPA 11q'I UA'f UCH AGGH[CAi[
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DESCRIPTION OF OPERAtIONSaDCA,IcNSVLHjI The City of Denton, Texas is named as additional
insured insofar as their interest may appear.
Can01180on: Should any of the above des3rI policies be CAr (Pllet Itti the Psplr itrnn date t+`ereol the Issu,ng Eom
party will endeavor to mall _.6 `days AfIlfen r,7{Ire to the beiorr named -,elinccate h0'der, but failure to
mail such notice Shall impobe rro Obligation or 1,3blhty of any kind upon the company
NAMLINDAODR(SSDf CtRTVIILATEr1 UtR
City of Denton s 1•>-/~1'
Denton, Texas 76201
Attn i City Manager . i~ M - FN THE
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M,(G=Qu
JUL ;1 1 1980
Wy Or tMN1011
MANAGER S OFFICE
TIDE STATE O TEXAS. KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Denton DEED FECO
ROS
THAT Lee Roy Mitchell and James C. Mitchell 21.921
of Dallas County, Texas , in consideration of the a.:m of
One Dollar ($1.00) and no/100 -------------------and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which to hereby acknowledred, do by
these presents grunt, bargain, sell sna convey unto to the City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of the passage In, along, upon and across the following
described property,
owned by them Situated in Denton County, Texas, in the
J.S. Collard Survey, Abstract No. 297
All that certain lot, tract or paraal -nd lying and being situated in the City and
County of Denton, State of Texas, and bei.sy part of the J.S. Collard Survey, Abstract
No. 297, and also being part of a tract of land as conveyed from Roy E. Nelson and wife
Jennie Nelson to Lee Roy Mitchell and Deed dated 3-31-76 and recorded in Volume 789, Page
660 of the Deed Records of Denton County, Texas, ar-,1 more particularly described as
follows:
Beginning at the southwest corner of said tract, said point lying a the center of an
east-west public road;
Thence north 5°42' east along tha west boundary line of said tract a distance of 25.09
feet to a point for a corner
Thence sout'i 89°0 "30" east 25 feet north of and parallrl to the south boundary line of
said tract, a dist,nce of 993.36 feet to a point for a corner in the east boundary line
of said tract;
Thence south 0°07" west along the east boundary line of said tract, a distance of 25.0
feet to the southeast corner of said tract, said point lyinq in the center of a public
road;
Thence north 89°07'30" west along the south boundary line of said tract, same being the
center of a public road, a distance of 995.8 feet to the place of beginning and contain-
ing 24,864.48 square feet of land more or less.
And it is further agreed that the said City of Denton, Texas
In consideration of the benefits above set out, will remo+s from the property above described, such fences,
buildings and other obstructions as may now be found -jpon said property.
Forthe purposeof constructing, installing, repairing and perpetually maintaining
public utilities
In, along, ulen and
across said premises, w;ih the right and pri%ilege at aU times of the gre ntee herein, hIs or its agents,
empleycea, workmen and representatives having ingreas, ogre", and regress In, along upon and across
said premises for the purpose of making additions W, Improvements on and repairs to the said
pubic utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as i foresaid for
the purposes aforerAld the premises at ive described.
Witness 1OP-4 /hands , this the ua day of Adaubr , A. D. IVA) .
T-- tc e
~•r.r J~
amts C. itchell
SINGLE ACKNOWLEDGMENT VOJ029 YALE 156
THE STATE OF TEXAS, I
COUNTY OF BEFORE ME, the undersigned authority,
In and for said County, Texas, on this day personally appeared
known to me to be the person whose name sti4er God to the foregoing instrument; and acknowledged to me
that he_._ executed the same for the purposes and consideration therein expressed.
C'VEN 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-
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
couN,DYs 1;)F Denton _ _ BEFORE ME, the undersigned authority,
' itchell & James C. Mitchell
Roy- M_..._._.._...--_..._.
i fet I~'punty, Texas, on this day personally appeared..... Lee
f r,.
knownto me io be tW- reon whose name subscribed to the foregoing instrument, and acknowledged to me
,tat she . L axscildithe same for the purposes and consideration thereiq expressed.
GIVFN L'NDF MY HAND AND SEAL OF OFFICE, This 'T day f Lilt . , A.D. 19 90.
' yr Notary Public, kw(ay UU County, Texae
• 1' yly Commission F:xplresiv+te--f;'19 MAY Q' j1 + 93
CORPORATION ACKNOWLEI)OWNT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
in and for said County, Tc„e., on this day lr rs.-nally algv nrol
kr. a n t o me to hr thr N isIt and .drierr
whose name Is rubsenl4d to tl'.e f rrw,,irj~ Ir.•rirnrrl a- I n,know!.,lird tr tnr' tLnt 01 same was t}c a-t of the DOI
a carporation, ■nd that he orrcutr l th, .rrnr s. 0- r t r,f ,^.h ,o,l.,uti •n rl„ -.s and eonn4ivralirn It,ereln
expressed, and in the capacity therein stated.
GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This day of A.D. 12
1 L.S. )
Notary Public, County, Texas
4 111 Commission Expires June 1, 19
_ CLERK'S CERTIFICATE:
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; R I' .County
UUNTY OF
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Clerk rf t Co t rt of` afd,r'qusty~do hereby retttfy that the forrgo!ra instrument of writins dated on the
A 4/4u
da of
S.-• A. D. 19 w.th ltd Certifleole of Autheatiration, was 111ed for
C- 4
record In ri f 4e the vi ` a, A. D. 19 at o'0orh H., and duty
recorded + daLf fit < v A. D. 19 at o'clock M., In the
Reronls of Paid County, In Volume , on poses
v WIT S ! ~F~IIIE COUNTY COURT of said County, at Olke In
` it , this day and year last ohms arittrn.
County Clerk County, Trans.
(f, ! By Deputy.
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14A
Contract No. DACW63-80-C-0000
~'v
CONTRACT BETWEEN
UNiTZ STATES OF AMERICA
AND
3 THE CITY OF DENTON, TEXAS
f 1i FOR
RECREATION DEVELOPMENT
AT
AUBREY AND LEWISVILLE LAKES, TEXAS
THIS CONTRACT, entered into this 5th day of August 1980, by and
between the United States of America (hereinafter called the Government),
represented by the Contracting Officer executing this contract, and the
City of Denton, Denton County, Texas (hereinafter called tde City),
WITNESSETH THAT:
WHEREAS, construction of Aubrey Lake (hereinafter called the Project)
was authorized by the River and Harbor Act of 1965 (Public Lew 89-298,
79 Stat. 1091); and
WHEREAS, construction of the Project includes a reallocation of storage
spacg in Lewisville Lake (immediately downstream from the Project) and a
substantial increase in the surface area of the conservation pool of
Lewisville Lake; and
WHEREAS, said increase in the conservation pool of Lewisville Lake will
make necessary the development of additional recreation areas and facilities
at Lewisville Lake to meet the increased recreation potential of the larger
lake; and
WHEREAS, the aforesaid requirements at Lewisville Lake are hereby
included in the recreation development described in this contract for
lubrey Lake, the term Project when used hereinafter shall be understood to
Include these additional requirements at Lewisville Lake; and
WHEREAS, the City is authorized to administer Project land and water
areas for recreation purposes and to operate, maintain, and replace
facilities provided for such purposes and is empowered to contract in tbeee
respects; and
WHEREAS, the Government is authorized by the Federal Water Project
Recreation Act (Public Law 89-72, 16 U.S.C. 4601-12 at seq.) to make
contracts with non-Federal public bodtes for development, management, aad
administration of the recreation resources of Federal water resources
projects;
NOW9 THEREFORE, the Goverrizent and the City agree as followse
1 ARTICLE 14 Definition of terms. For the purposes of this contract,
certain terms are defined as followse
a. Joint cost. The total cost of the Project minus the sum of the
separable costs for all Project purposes.
b. First cost, used interchangeably with the terms "capital costs"
and "Project cost", is the initial capital cost of the Project, in.ludi:.g:
engineering, design, supervision, and administration; land acquisition;
construction; and interest during construction.
c. Separable cost, as applied to any Project purpose, means the
difference between the capital cost of the entire multi-purpose Project
and the capital cost of the Project with the purpose omitted.
d. Interest during construction consists of an amount of accrued
interest computed on and added to expenditures for establishment of
Project services during the period between the actual outlay and the time
the recreation services become available.
ARTICLE 2. Lands and facilities.
a. The Government agrees to design, construct, and operate the Project
to provide for enhancement of general recreation consistent with maximum
utilization of water supply and flood control in the Project. Details on
lands necessary for such enhancement are shown in the Project RECREATION
RESOURCES APPENDIX to DESIGN MEMOKMUM NO. 2, as concurred in by the City
and incorporated herein by reference.
b, In addition to the lands to be acquired for the other authorized
purposes, the Government will acquire certain lands specifically to enhance '
the recreation potential of the Project. The lands anticipated to be
acquired for all Project purposes, including recreation, are those lands
shown on Plates I-1, I-2, and I-3 of the above referenced approved RECREATION
RESOURCES APPENDIX to DESIGN MEMORANDUM NO. 2.
C, The City, in cooperation with the Government, will prepare a
mutually acceptable "Plan of Recreation Development and Management" which
will depict and identify the types and quantities of facilities which the
City and the Government will construct in accordance with this contract.
The presently estimated cost of facilities to be so provided is contained in
Exhibit A, entitled "Estimated Separable Recreation Costs", attached hereto
and made a part hereof. Such estimate of facilities cost is subject to
reasonable adjustment as appropriate upon approval of the above mentioned
"Plan of Recreation Development and Management" and completion of construction.
d. The facilities as shown in Exhibit A of this contract, as it may be
adjusted in accordance with paragraph c above, shall be constructed jointly
by the parties through mutually satisfactory division of responsibility for
construction which takes into account direct and indirect cost savings which
•
2
may be gained by the parties in the public interest for certain specific
facilities, provided, that the facilities to be constructed by each party
shall be formally agreed upon by the two parties prior to construction,
consistent with the provisions of Article 3.
e. The Government will make available by lease to the City (a form
of such lease is attached as Exhibit G of this contract), for City manage-
ment and administration, the use and occupancy of approximately 8,370 acres
of land and water areas (more fully described in the "Plan of Recreation
Development and Management"), together with facilities located thereon and
acquired or constructed pursuant to this contract. No provision of this
contract, including this paragraph e, shall merge into any such lease, but
each and every obligation of each party hereto shall remain in full force
and effect unless altered by mutual agreement or Article 10 hereof.
f. Title to all lands and facilities specifically acquired, developed,
or constructed by or with Government assistance to enhance the recreation
potential of the Project shall at all times be in the United States.
g. The performance of any obligation or the expenditure of any funds
by the Government under this contract is contingent upon Congress making
the necessary appropriations and funds being allocated and made available
for the work required hereunder.
ARTICLE 3. Consideration and payment. Each party hereto will pay
e or contribute in kind fifty percent (502) of the separable cost of initial
recreation development and fifty percent (502) of the separable cost of
future development of that portion of the total development participated in
by the City. In addition, as between the parties hereto and except as may
be specified to the contrary in any separate contract between the parties,
the Government will pay one hundred percent (1002) of the joint c(.st of the
Project allocated to recreation.
a. Initial development. Fifty percent (502), the City's share, of
the estimated separable costs of initial recreation development participated
in by the City is estimated to be $2,494,500. This amount shall be paid to
the Government by the City as follows:
(1) There shall be deducted from the City's share an amount equal to
the sum of the fair market value of any lands or facilities provided by the
City (such value being determined as of the date such lands or facilities
were provided and not including enhancement due to the Project) and any
cash expenditures made by the City toward the separable cost of the
recreation purpose of the Project.
(2) The amount of the City's share remaining after such de3uction
shall be paid to the Government with interest on the unpaid balance within
fifty (50) years after the recreation facilities, are first available for
useful operation. Such repayment will be made annually in such equal
amounts as to complete repayment within such .iffy (50) year period.
(3) Interest during construction and interest on the unpaid balance
shall be at the rate to be determined by tl.e Secretary of the Tr.asury of
3
the United States as of the beginning of the Government fiscal year in which
Project construction is initiated as prescribed by Section 301(b) of the
Hater Supply Act of 1958 (Public Law 85-500, 43 U.S.C. 390b(b)). Such
interest rate shall not change during the repayment period. The interest
rate in effect at the time of negotiation of this contract (Gnvernment
fiscal year 19FO) is ?.210 percent.
(4) The schedule of repayment for the Project, based on the current
estimate of reparable cost of initial recreation development, the interest
rate in effect on the date of execution of this contract (7.210X), and
50 year repayment, is shown in Exhibit B of this contract. This repayment
schedule will be recomputed by the parties upon completion of construction
on the basis of the actual separable coot inct:rred for initial recreation
development, the interest rate in effect for the Government fiscal year in
which Project construction is initiated, and the amount of the City's share
remaining unpaid at the time the Contracting Officer notifies the City in
writing that the lands and facilities are available to the City for useful
operation. Interest during construction shall be paid over a period of
50 years as part of the separable cost of the Project, but subsequently
accruing interest shall be paid with the installment due at the end of the
period in which such interest has accrued.
(5) The initial payment shall be due and payable within thirty (30)
days after the City is notified in writing by the Contracting Officer that
the lands and facilities are available for useful operation. Subsequent
payments stall be due and'payable to the Treasurer of the United States
within thirty (30) days of the yearly anniversary date of such notice. If
the City shall fail to make any of the aforesaid payments when due, then
the overdue payments shall bear interest compounded annually at the rate
provided above until paid. The amount charged on payments overdue for a
period of less than one year shall be figured on a monthly basis. For '
example, if the payment is made within the first month after being overdue
(31 to 60 days after the anniversary date), one month's interest shall be
charged. This provision shall not be construed as giving the City a choice
of either making payments when due or paying interest, nor shall it be
construed as waiving any other rights of the Government, at law or in
equity, which might result from any default by the City.
(6) The City may, without penalty, prepay at any time or times any
pert or all of the principal and interest due and payr'le under this
contract. Interest with respect to any prepaid principal P*xll accrue
only through the date of repayment.
b. Future development.
(1) Fifty percent (502), the City's share, of the estimated separable
cost of future recreation development to be participated in by the City is
currently estimated to be 83,384,500.
(2) Future recreation development as provided in this contract shall
be contingent upon the availability of Government funds therefor.
4
(3) In the event there shall not be available sufficient funds to
provide the Government's share of future recreation development as the need
arises, the City may develop or continue to develop the necessary facilities
provided prior approval of such development is received in writing from
the Government. Upon rPpteipt of notice that Government funds are again
available for such development, the City may withhold payment of additional
amounts until such time as the payment of funds from each party is balanced
at fifty percent (50x) of the total separable cost for this purpose to that
time. If the City has completed the future development at its own expense
due to the unavailability of Government funds, upon such Government funds
again becoming available the Government shall reimburse the City for the
Government's share of such development expense. Nothing herein shall be
construed as obligating either party to make payments in excess of funds
appropriated and allocated for this particular purpose, or to appropriate
and allocate funds for this purpose, or as authorizing the City to withhold
making installment payments under paragraph a c: this Article.
(4) When Government funds are made available, and to the extent the
City may not already have provided equal amounts under the provisions of
Article 3b(3), the City shall be obligated to proceed with further recreation
developmke.nt and to balance the funds provided by the Government for this
particular purpose. The City may provide its share of funds by one or a
combination of tic following means, (1) contributions-in-kind at the fair
market value thereof at the time provided; (2) a cash contribution prior to
construction; (3) a cash payment immediately following completion ofi
construction;'or (4) repayment to the Government, with interest on the unpaid
balance, within the life of the project is not to exceed 50 consecutive
equal annual payments. For options (3) and (4) above, the amount to be
repaid shall include, in addition, interest during construction computed at
the rate specified in Article 3a(3). For payment option (4) above, the
provisions of Articles 3e(5) and 3a(6) apply; payment schedules will be
furnished by the Contracting Officer as required and will be attached as
an exhibit to this contract and become a part hereof without further action
by either party and, if based on estimated cost, will be subject to revision
when final construction cost is known.
c. Other Federal funds. No repayment credit of any kini whatsoever
will be allowed the City for expenditures financed by, involving, or
consisting of, either in whole or in part, contributions or grants of
assistance received from any Federal agency in providing any lands or
facilities for recreation hereunder.
d. AdJustments to reflect actual costs. The dollar amounts act forth
in this Article are based upon the Governments best estimates and aro
subject to adjustments based on the costs actually incurred. Such estimates
are not to be construed as representations of the total financial responsi-
bilities of each of the parties.
S
e. Assurance of funds for contract payments. The City warrants that
all principal and interest payments contracted hereunder shall be secured
by a pledge of surplus revenues of the City's Waterworks and Sanitary Sewer
System remaining after payment of all expenses of operating and mala~diaing
such system and alter providing for payment of all debt service, reserve,
or other requirements in connection with the City's Waterworks and Sanitary
Sewer System Revenue Bonds now outstanding or those hereafter issued ova a
first lien basis or on such other basis as may be approved by the Contracting
Officer, provided, that in the event such surplus revenues may become or are
insufficient to meet the payments contracted hereunder, the City shall fix
and collect such rates and charges for services of said combined system as
will make possible the prompt payment of all the aforementioned requirements
including payments contracted hereunder. Payments made by the City as
Project recreation development cost shall be regarded as capital expenditures.
f. Allowable costs. Allowable costs by the City shall include all items
of expense properly chargeable to the development of recreation facilities
under the "Plan of Recreation Development and Management," including but not
limited to engineering, labor, materials, transportation, insurance, overhead
charges properly allocable to the work, supe-vision, surveys, permits, rental
of tools and equipment and machinery employe. in the work, together with such
other items of expense as should, in the opinion of the Contracting Officer,
be included in the cost of the work. For the purpose of determining
expenditures made by the City, the City shall provide at the end of each
Government fiscal year properly certified invoices, in quadruplicate,
supported by such evidence of payment made by the City as may be required by
the Contracting Officer. All original timecards or payrolls, material records,
and accounts for all charges and expenditures by the City, which are subject
to equalization, shall be available at all reasonable times to allow the
Government to check and audit the invoices submitted by the City. So far as
practicable, separate records shall be maintained by the City on all items
and accounts which shall constitute the basis of information from which.the
invoices shall be prepared.
ARTICLE 4. Construction and operation of additional facilities.
Certain types of facilities, including but not necessarily limited to
restaurants, lodges, golf courses, cabins, clubhouses, overnight or vacation
type structures, stables, marinas, swimming pools, commissaries, chairlifts,
and such similar revenue producing facilities, may be constructed by the
City or by third parties and may be operated by the City or by third parties
on a concession basis. Any such construction and operation of these types
of facilities shall be compatible with all Project purposes and shall be
subject to the prior approval of the Contracting Officer. However, the
City shall not receive credit for such facilities against amounts due and
payable fader Article 3, and such facilities shall not be deemed to have
been developed or constructed with Government assistance for purposes of
Article 2f.
ARTICLE 3. Pees and charRee_. The City may issess and collect reasonable
fees for entrance to developed recreation areas ani for use of the Project
facilities and tress, in accordance with a fee sche,ule 6tually agreed to by
6
the parties. An initial mutually acceptable fee schedule is set forth
in Exhibit C of this contract. Not less often than every five years,
the parties will review such schedule and, upon the request of either,
renegotiate the schedule. The renegotiated fee schedule shall, upon
written agreement thereto by the parties, supersede Exhibit C without
the necessity of modifying this contractual document.
ARTICLE 6. Federal and State laws,
a. In acting under its rights and obligations hereunder, the City
agrees to comply with all applicable Feder.il and State laws and regulations,
including but not limited to the provisions of the D.:71s-Bacon Act
(40 U.S.C. 276a-a(7)); the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333); and Part 3 of Title 29, Code of Federal Regulations.
b. The City furnishes as part of this contract an assurance
(Exhibit D) that it will comply with Title VI of the Civil Rights Act of
1964 (78 Stat. 241, 42 U.S.C. 2000d et seq.) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations. The City agrees also that it will
obtain spch assurances from all of its concessionaires.
c. The City furnishes as part of this contract an assurance
(Exhibit. E) that it will comply with Sections 210 and 305 of the Uniform
Relocation Assistance and Real Property Acquisition Fiolicies Act of 1970
(Public Law 91-646).
ARTICLE 7. Operation and maintenance.
a. The City shall be responsible for operation, maintenance, and
replacement, without cost to the Government, of all facilities developed to
support Project recreation opportunities in areas leased by the City. In
areas leased by the City, the City shall maintain all Project lands, waters,
and facilities in a manner satisfactory to the Contracting Officer and
pursuant to the provisions of any lease or license which may subsequently
be entered into between the parties hereto, with the exception of lands
required for operation of the Project structures as described in paragraph c
below.
b. For the lands and waters to be made available pursuant to this
contract, the City will prepare, and upon approval of the Contracting
Officer, implement plans and programs for effective management of the
forest and range resources of the project, including but not limited to
measures to control soil erosion, suppress wild fires, control vectors
and pests, and maintain the shoreline of the reservoir in attractive
condition.
c. The. Government or its assignees will operate and maintain those
lands, structures, and facilities such as dame, dikes, spillways, and outlet
works required for control and regulation of the waters stored in the lake,
the access road to the dam, and any Proja.t visitor facilities constructed
7
in conjunction with these works. The Government will accomplis:, shoreline
debris removal foc a period of two years after initial impoundment of
water to elevation 632.5 feet mean sea level in Aubrey Lake and'522.0 feet
mean cea level in Lewisville Lake,
ARTICLE B. Release of claims.
a. The Government and its officers and employees shall not be liable
in any manner to the City for or on account of damage caused by the
development, operation, and maintenance of the recreation facilities of the
Pro3r:ct. To the extent that it may legally do so, the City hereby releases
the Government and agrees to hold it free and harmless and to indemnify it
from all damages, claims, or demands that may result from development,
operation, and maintenance of the recreation areas and facilities leased to
the City, except with respect to those functions reserved to the Government
under paragraph c of Article 7.
b. The City shall require its concessionaires to obtain from an
insurance company, licensed in the State of Texas and acceptable to the
Government, liability or indemnity insurance providing for minimum limits
of $50,000 per person in any one claim, an aggregate limit of $150,000
for any number of persons or claims arising from any one incident with
respect to bodily injuries or death resulting therefrom, and $25,000 for
damage to property suffered or alleged to have been suffered by any person
or persons resulting from operations under any agreement between the City
and its concessionaires.
ARTICLE 4. Transfer or assignment. The City shall not transfer or
assijpa this contract nor any rights acquired hereunder, nor grant any
interest, privilege, or license whatsoever in connection with this
contract, without the approval of the Secretary of the Army or his
authorized representative except as provided in Article 4 of this contract.
ARTICLE 10, Default. In the event the City fails to meet any of
its obligations under this agreement, the Government may terminate the
whole or any part of this contract and any lease or license granted to the
City for accomplishing the purpose of this agreement. The rights and
remedies of the Government provided in this Article shall not be exclusive
and are in addition to any other rights and remedies provided by law or
under this contract.
ARTICLE 11. Examination of records. The Government and the City
shall maintain books, records, documents, and other evidence pertaining to
costa and expenses incurred under this contract to the extent and in such
detail as will properly reflect all net costs, direct and indirect, of
labor, materials, equipment, supplies, and services sad other costs and
expenses of whatever nature involved therein. The Government and the City
shall make available at their offices at reasonable tines the accounting
records for inspection and audit by an authorized representative of the
parties to this contract during the period this contract is in effect.
8
ARTICLE 12. Relationship of parties. The parties to this contract
act in an independent capacity in the performance of their respective
functions under this contract and neither party is to be considered the
officer, agent, or employee of the other.
ARTICLE 13. Inspection. The Government shall at all times have t%d
right to make inspections concerning the operation and maintenance of the
lands and facilities to be provided hereunder.
ARTICLE 14. Officials not to benefit. No member of or delegate to
the Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise herefrom; but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
ARTICLE 15. Covenant against contingent fees. The City warrants that
no person or selling agency has been employed or retained to solicit or
secure this contract upon agreement )r understanding for a commi..ision,
percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the
City for, the purpose of securing business. For breach or violation of
this warranty, the Government shall have the night to annul this contract
without liability or in its discretion to add to the contract price or
consideration or otherwise recover the full amount of such comission,
percentage, brokerage, or contingent fee.
ARTICLE 16. Environmental quality.
a. In furtherance of the purpose and policy of the National
Environmental Policy Act of 1969 (Public Law 91-190, 42 U.S.C. 4321,
4331-4335) and Executive Order 11514, rntitled "Protection and Fahanc went
of Envire-mental Quality", March 5, 1970 (35 federal Register 4247, March 7,
1970), the Government and the City recognize the isportance of preservation
and enhancement of the quality of the environment and the elimination of
environmental pollution. Actions by either party will be after consideration
of all possible effects upon the Project environmental resources and will
incorporate adequate and appropriate measures to insure that the quality
of the environment will not be degraded or unfavorably altered.
b. During construction and operation undertaken by either party,
specific actions will be taken to control enviromantal pollution which
could result from their activities and to comply with applicable Federal,
State, and local laws and regulations conco mint environmental pollution
Particular attention should be given to (1) reduction of air pollution by
control of burning, minimization of dust, containment of chemical vapors,
and control of engine exhaust lease and smoke from temporary heaters;
(2) reduction of water pollution by control of sanitary facilities,
storage of fuels and other contaminants, and control of turbidity and
siltation from erosion; (3) minimization of noise levels; (4) onsite and
offeita disposal of waste and spoil; and (3) preveation of landscape
defacement and damage,
9
ARTICLE 17. Value of land and facilities. If the parties berato
cannot agree on the fair market value of any lands or facilities and cannot
othetwiae resolve such differences, each party shall name an appraiser and
the two appraisers so named shall name a third appraiser. and the decision
of at least two of such three appraisers as to the fair market value shall
be final and conclusive upon both parties.
ARTICLE 18. Effective date. This contract shall take effect upon
approval by the Secretary of the Army or his authorised representative.
ARTICLE 19. Alternate local sponsor. The City and the Government
hereby recognise that the State of Texas, by Its Parks and Wildlife Department,
may desire the use of all or a portion of the recreation facilities of the
Project. The City agrees that the Government may negotiate a contract be "men
the Government, the State, and the City for this purpose. Vpor. any such
contract coming into force and effect, the Government shall delete from this
contract and the lease described in Article 2e such payments and responsi-
bilities as have been contracted for by the State. Modification of this
contract to reflect deletions under this article shall be by supplemental
agreement.
10
10
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written,
APPROVED: THE 11NITM) STA:EC C, A)MRICA
By
Donald J. Palladino
Secretary of the Army Colonel, CE
Contracting Officer
Date
CITY OF DEMON, TEXAS
BY V
C 0. S ART
Mayo
I, Brooks Holt, certify that I am the City Secretary of the City of Denton,
Denton County, Texas, named as City herein; that Richard 0. Stewart who
signed this contract on behalf of the City of Denton was then Hayor of the
City of Denton, Texas; that said contract was duly signed for and on behalf
of the City of Denton, Texas by authority of its governing body and is
within the scope of its legal powers,
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said
City of Denton, Texas this dsy of PLIc. 19jp.
Brn LHolt
Secretary
City of Denton, Texas
COP4 MIT SEAL
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• ElQ{I^8IT 8
PAYFSW 8CHEDLgZ . 21RTM DryT. 1CM
PMT. PAYMENT TO PAYMEN TOTAL BALANCE
ND, INTEREST F.4I PAYMENT, DUE
✓ . 2494500400.
1 04 173085.25 173085.25 232141405
2- 167 5711.25 173085,25 2315703.50
3 166 6123,03 173085,25 2309580647
_4 166 20475 6564,50 173085,25 2303015,97
5 166047,43 -'7037,86 '173085.25 2295978.17
6' 165510,03 7545,22 173085.25 2288432,95
7 1649 6.02 8089.23 173085.25 2280343.72
8 164412.78 6672.47 173085.25 2271671,25
9 163787650 9297.75 173085.25 2262373,50
10 , 163117.13 9968,12 1730d5,25 2252405.38
11 162398.43 10686.82 173085,25 2241718.56
12 161627,91 11457.34 173085.25 2230261,22
13 160801.83 12283,42 173085.25 2217977,80
14 15991,6,20 13169.05 173085,25 2204808,75
15 158966.71 1411F,54 173085.25 2190690421
16 157948.76 15136,49 173085,25 2175553,72
17 156857642 16227,83 173085.25 2159325489
i8• 155687.40 17397.85 173085,25 2141928,04
19 154433.01 18652,24 173085.15 2123275.80
20 153088.19 19997.06 173085.25 2103278.74
21 151646,40 21438.85 173085425 2081839.89
22 150100.66 22984.59 173085.25 2058SsZ, 30
.23 148443.47 •24641,78 173085.25 2034213.52
24 146666.79 26418.46 173085,25 2007795.06
25 144762.02 28323.23 173085.25 1979471.83:
26 142719,92 30365.33 173085.25 1949106.50
27 140530.58 32554.67 173085.25 1916551483
28 138183.39 34901 86 173085.25 1861649,97
29 135666.96 37418429 173085.25 1044231.68
30 132969,10 40116.15 173085,25 1804115.53
31 130076.73 43008.52 173085.25 1761107,01
32 126975,82 46109,43 173095.25 1714997,58
33 123651,33 49433,92 173085,25 1665563,66
34 120087,14 52998,11 173085025 1612565,55
35 116265198 56619,27 •173085,25 1555746,28
36 112169.31 j0915,94 173085.25 1494830.34
37 107777,27 65307.98 173085,25 1429522,36
38 103068,56 70016.69 173085,25 1359505,67
39 98020,36 75064,89 173085,25 1284440,78
,40 92608.18 80477,07 173095,25 1203963,71
41 fl680508 86279,47 173085.25 1117684',24
42 80585,03 92500j22 173085,25 1025184,02
43 73915,77 99169.48 173085.25 926014,54
44 66765,65 106319,60 173085.25 819694.94
45 59100,01 113985,24 173085,25 70570900
46 50881,67 122203,58 173085,25 583506,12
47 42070.79 141014,46 173085,25 452491,66
4B 32624',65 140460,60 173085,25 312031.06
49 .22497444 150587,81 173085.25 161443.25
SO 11640,06 161443.25 173083,31 0000
1 1• '
Contract No. DACW63-80-C-0000
AUBREY AND LEWISVILLE LAKES
EXHIBIT C
FEE SCHEDULE
1. Entrance permit - annual (12-month sticker) $12,00
2. Entrance permit - restricted annual (12-month sticker
good for one selected park) $8.00
3. Day use - entrance fee (i.e., sightseeing, picnicking,
swimming, water skiing, etc.) per car or vehicle per day $2.00
4. Overnight camping - basic unit (table w/shelter, trash
can, fireplace, water, surfaced camp pad) (first come,
first served basis) per vehicle unit per 24-hour period $3.00
5. Overnight camping - basic unit plus electrical and water
connections (first come, first served basis) per vehicle
unit per 24-hour period $4.00
b. Overnight camping - basic unit plus electrical, water,
and sewer connections (first come, first served basis)
per vehicle unit per 24-hour period $5.00
7. Annual group permit $15.00
C-1
Contract No. DACW63-80-C-0000
AUBREY AND LEWISV.LLE LAXES
EXHIBIT D
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, Texas (hereinafter called "Applicant-
Recipient") HEREBY AGREES THAT it will comply with title VI of the Civil
Rights Act of 1964 (Public Law 88-352) and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CYR Part 300,
issued as Department of Defense Directive 5500.11, December 28, 1964)
issued pursuant to that title, to the end that, in accordance with title VI
of that Act and the Directive, no person in the United States shall, on
the ground of race, color, or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
HERESY GIVES ASSURANCE THAT it w411 immediately take any measures necessary
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant-Recipient by
the U. S. Army Corps of Engineers, assurance shall obligate the Applicant-
Recipient, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a
purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If any
personal property is so provided, this assurance shall obligate the
Applicant-Recipient for th3 period during which it retains ownership or
possession of the property. In all other cases, this assurance shall
obligate the Applicant-Recipieut for the period during which the Federal
financial assistance in extended to it by the U. S. Army Corps of Engineers.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts property, discounts,
or other Federal financial assistance extended after the date hereof to the
Applicant-Recipient by the Department, including installment payments after
such date on account of arrangements for Federal financial assistance which
were approved before such date.
The Applicant-Recipient recognizes and agrees that such Federal assistance
will be extended !o reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
D-1
Judicial enforcement of this assurance, This assurance is binding on the
Applicant-Recipient, its succeRsors, transferees, and assignees; and the
person or persons whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
Dated ~ S ^ g Q - gy
C 0. ART
Mayo
ATTEST:
o s Solt
Cecretary v
City of Denton, Texas,
A~2
1
Contract No. DACW63-80-C-0000
AUBREY AND LEWISVILLE LAKES
E MIBIT E ,
ASSURANCE OF COMPLIANCE WITH SECTIONS 210 AND 305
OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970 (PUBLIC LAW 91-646)
As a part of Contract No. DACW63-80-C-0000 and pursuant to the below cited
provisions of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Public Law'91-646, 84 Stat. 1894 (hereinafter cited as
the Act), the City of Denton, Texas, hereby agrees tot
1. Provide fair and reasonable relocation payments and assistance for
displaced persons, as are required to be provided by a Federal agency under
Sections 202, 203, ant 204 of the Act,
2. Provide to such displaced persons relocation assistance programs
offering the services described in Section 205 of the Act,
. 3. Assure that within a reasonable period of time prior to displacement,
decent, safe, and sanitary replacement dwellings will be available to dis-
placed persons in accordance with Section 205(c)(3) of the Act,
4. Be guided, to the greatest extent practicable under State law, by
the land acquisition policies in Section 301 of the Act and the provisions
of Section 302 of the Act, and,
5. Pay or reimburse property owners for necessary expenses as specified
in Sections 303 and 304 of the Act.
THE CITY OF DENTON, TEXAS
o i
Dated a - S 20 By
%OHVD 0. S ART
yo
ATTESTS
Brooks Holt
Secretary
City of Denton, Texas
' E-1
Contract No. DACU63-80-C-0000
AUBREY AND LEWISVILLE LAKES
EXHIBIT F
OPINION OF COUNSEL
I have reviewed and approved contract number DACW63-80-C-0000 between
the United States of America and the City of Denton, Texas.
Particularly I have considered the effect of Section 221 of Public Law 91-611
(42 U.S.C. 1962d-5b) and am of the opinion that the City of Dentons Texas
has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute,
Dated 8
C. J. Taylor
City Attorney
City of Denton, Texas
I
r
Contract No. DACW63-76-C-0000
AUBREY AND LEWISVILL% LAKES
EXHIBIT 0
LEASE AGREEMENT
THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of
Congress approved 22 December 1944, as amended (16 USC 460d), and the
Federal Water Project Recreation Act, 19 Stot. 214 (16 USC 4601-13), and
pursuant to a contract entered into on , by and between
the United States of America and the City of Denton, Denton County, Texas,
(hereinafter referred to as The Contract), hereby granta to the City of
Denton, Texas, hereinafter refs-:red to as the levaee, a lease for a period
of fifty (50) years commencing on and ending on
, to use and occupy approximately acres of land and water areas
under the primary Puri diction of the Department of the Army in the Project
Area, hereinafter referrer to as the premises, as shown on attached
Exhibit , attached hereto and made a part hereof.
MS LEASE is granted subject to the following conditions:
1. The lessee shall conform to such regulations as the Secretary of
the Army may issue to govern the public use of the project area, and shall
c3mply with the provisions of the above cited Acts of Congress. The lessee
shall protect the premises from fire, 6vandalism, and soil erorion, and may
make and enforce such regulations as are necessary and within its legal
authority, in exercising the privileges granted in this lease- provided
that such regulations are not inconsistent with those issued by the Secretary
of the Army or with provisions of the above cited Acts of Congress.
2. The lessee agrees to administer the land and water areas included
in the lease for recreation purposes, and to bear the costs of operation,
maintenance and replacement of all facilities and improvements on the
premises at the commencement of this lease or added during its term. As
used in this lease, the term "replacement" shall be construed to mean the
icplacement in whole or in part of any structure or improvement so worn or
damaged by any cause as to no longer adequately serve its designated function
with normal maintenance. The lessee shall be guided by an Annual Plan of
Operation and Maintenance in furtherance of the Plan of Recreation Development
and Management adopted pursuant to Article 2c of The Contract and by this
reference made a part hereof. On or before the anniversary date of the
lease each year, the parties shall agree on the Annual Plan which shall
includu but is not limited to the followings
a. Plans for management activities to be undertaken by the lessee
including improvements and other facilities to be constructed thereon in
accordance with The Contract.
G-1
b. Report of the management, maintenance and development accomplish-
ments of the lessee for the preceding year.
c. Significant modifications of policies or procedures which have
developed or ore tr bi 4pp11Ed.
d. Minor modifications to the Plan of Recreation Development and
Management (major modifications to be accomplished by amendment of the
Plan).
, 3. In addition to the fees and charges authorized under the provistons
of Article 5 of The Contract, the lessee and his sublessees may conduct such
revenue producing activities as are within the scope of Article 4 of The
Contract. Except for timber salvaged ant sold by the lessee when in the
way of construction, all sales of sorest products will be conducted by the
Government and the proceeds therefrom shall not be available to the lessee
under the provisions of this lease. The lessee will reserve at least one
area at which access to the waters and shores of the reservoir may be
reached without imposition of fees of any kind. No facilities need be
provided at this area by the lessee, but norval maintenance and clean-up
will be provided.
4. That upon the commencement of this lease the parties hereto shall
cause to be made an inventory of all improvements constructed in whole or
in part with Federal funds under the terms of Thee Contract. From time to
time there shall be added to said inventory such additional improvements
as may be constructed pursuant to the aforesaid contract. Certain types
of "Additional Facilities", including but not limited to restaurants, lodges,
golf courses, cabins, clubhouses, overnight or %&cation type structures,
stables, marinas, swimming pools, commissaries, chairlifts and such similar
,revenue producing facilities constructed under the authority of Article 4 of
The Contract shall not be added to this inventory. The inventory of
improvements shall include descriptions and drawings sufficient to permit
their identification and condition, and to replace them if required during
the term or on the expiration or termination of this lease. Said inventory
and all amendments thereto shall be approved in writing by authorized repre-
sentatives of the parties hereto and shall thereupon become a part of this
lease as if originally annexed.
5. The lessee may grant permits and licenses, and sublease all or
portions of the leased property for purposes which are consistent with the
terms and conditions of this lease and with the Plan of Recreation Development
and Management. All such grants shall state that they are granted subject to
the provisions of t'is lease. On lakes where concessions are operated
under leases granted by tho Government or by its other grantees, the terms
and conditions of permits, licenses, and subleases granted by the lessee
for revenue producing purposes shall first be approved by the District
Engineer in writing. In order to protect the investments of sublessees,
the District Engineer is authorized to appr.,ve subleases which require the
Government to continue to honor such parts of the subleases which may be
G-2
,
necessary to assure the continuation of the subleased activities upon a
default which would result in a revocation of the prime lease under
Condition 15 hereof.
6. No permits, licenses or subleases will be granted to adjs^~.Gt
private property owners for use, alteration, improvements addition of
facilities, or any other purpose which would confer upon them privileges
not available to the general public or which would infer or imply exclusive
private use of public lands. Any permits, licenses or vibleases granted to
adjacent private property owners for use, alteration, im?rovement, addition
of facilities, or any other purpose will be conditioned suck as:
a. Not to restrict use thereof by the general public.
b. To permit free and unimpeded passage along the shore.
c. To be compatible with the Project Master Plan, 'orest Management
Plan and the Environmental Impact Statement adopted for the project.
d. To have signs posted to the effect that "This is public property
,i open to general public use."
7. The lessee shall establish and maintain adequate records and
accounts and render annual statements of receipts and expenditures to the
District Engineer, except for annual or weekly entrance fetes which also
are honored at other recreational areas operated by the lessee. The District
Engineer shall have the right to perform audits of the lessie's records and
accounts, and to require the lessee to audit the records one accounts of
sublessees, and furnish the District Engineer a copy of the results of such
an audit.
g. The rates and prices charged by the lesseq or its grantees for
revenue producing activities shall be reasonable and comparable to rates
charged for similar goods and services by others in the community and on
the lake. The Government shall have the right to review such totes and
prices and require an increase or reduction where it ,finds the objective of
this raregraph has been violated.
9. The right is reserved to the United States, its officers, agents,
and employees, to enter upon the prtzises at any time to make ins?ections
concerning the operation and maintenance of the lands and facilities pro-
vided hereunder, and for any purpose necessary or convenient in connection
with river and harbor and flood control work, and to remove timber or other
material required for such work, to flood the premises when necessary, and/or
to make any other use of the land as may be necessary in connection with pub-
lic navigation and flood control, and the lessee shall have no claim for
damages of any character on account thereof against the United States or
any agent, officer or employee thereof.
10. The United States shall not be responsible for damages to prope:ty
or injuries to persons which may arise from'or be incident to the exercise
of the privileges herein granted, or for damages to the property of the
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lessee, or for damages to the property or injuries to the person of the
lessee's officers, agents, servants, or employees or others who may be on
the premises at their invitation or the invitation of any one of them,
arising from or incident to the flooding of the premises by the Government
or flooding from any other cause, or arising from or iacida::: to ►-.y other
governmental acti%tties, and the lessee shall hold and save the Government, '
including its officers, agents, and employees, harmless from any and all such
claims, not including damages due to the fault or negligence of the Gover,--
ment or its contractors.
11. The lessee or its grantees shall not discriminate against any
person or persons because of race, creed, color, sex, age or national ori-
gin in the conduct of its operations nt.:under. The lessee has furnished
as part of The Contract an assurance that it will comply with Title VI of
the Civil Rights Act of 1964 (78 Stat. 241) and Department of Defense
Directive 5500.11 issued pursuant thereto and published as Part 300 of
Title 32, Code of Federal Regulations, and all grantees shall supply like
,assurances.
12. This lease is subject to all existing easements, and easements
subsequey.tly granted, for roadways, and utilities and for other purposes
located or to be located on the premises, provided that the proposed grant
of any easement will be coordinated with the lessee and easements will not
be granted which will, in the opinion of the District Engineer, ititerfere
with developments, present or proposed, by the lessee.
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13. The lessee shall comrly promptly ♦ith any regulations, conditions
or instructions affecting the activity hereby authorised if and when issued
by the Environmental Protection Agency and/or a State Water Pollution
Control Agency laving jurisdiction to abate or prevent water pollution.
Such regulations, conditions or instructions in effect or prescribed by the
Environmental Protection Agency or State Agency are hereby made a condition
of this lease.
14. This lease may be revoked by the Secretary of the Army in the
event the lessee violates any of the terms and conditions of this lease
and continues .end persists therein for sixty (60) days after notice thereof,
in writing, by the District Engineer. Such a termination shall not derogate
or diminish such other remedies in law as may be available to the Government
and in no way shall it act to relieve the lessee of his respgasibilities and
obligations under The Contract. In lieu of revocation, the District Engineer,
in his discretion, ;pon a finding that a violation constitutes a health: or
safety harara may suspend the use of that operation or facility until such
deficiency Is rectified.
15. On or before the date of expiration of this leasa, the lessee
shall vacate the premises, remove its property therefrom, and restore the
premises to a condition satisfactory to the District Engineer. If. however,
this lease is revoked, the lessee shall vacate the premises, remove its
property therefrom, and restore the premises as aforesaid within such time
as the Secretary of the Army may designate. In either .:ent, if the lessee
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shall fail or neglect to remove its property and so restore the premises,
then its property shall become the property of the United States without
compensation therefor, and no claim for damages against the United States,
or its officers or agents shall !s created by or made on account thereof.
16. All notices to be given pursuant to this lease shall be addressed,
if to the lessee, to
if to the Government, to Fort Worth District, Corps of Engineers, PO Box
17300, Fort Worth, Texas 76102, or as may from time to time be directed
by the parties. Notice shall be deemed to have been duly given if and when
inclosed in a properly sealed envelope or wrapper, addressed as aforesaid
and deposited postage prepaid (or, if mailed by the Government, deposited
under its franking privilege) in a post office or branch post office
regularly maintained by the United States Government.
17. That at the time of the commencement of this lease, the lessee
will obtain from a reputable insurance company, acceptable to the Government,
liability or indemnity insurance providing for minimum limits of $50,0ti-0.00
per person in any one claim, and an aggregate limit of $150,000.00 for any
number of persons or claius arising from any one incident with respect to
bodily injuries or deatt resulting therefrom, and $25,000.00 for damage to
property suffered or alleged to have been suffered by any person or persons
resulting from the operations of the lessee under the terms of this lease.
. IN WITNESS WHEREOF I have hereunto set my hand by authority of the
Secretary of the Army this day of 19
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THIS LEASE is also executed by the lessee this day of ,
19
(SEAL)
(Post Office Address)
Signed and sealed in the presence of:
(SEAL)
(Post Office Address
Signed and sealed in the presence of:
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Contract No. DACW63-80-C-0104
CONTRACT BETWEEN THE UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEXAS
FOR
NA':ER ar0_RAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS
THIS CONTRACT, entered into thin 5th day of August 1980, by and between
the United States of America (hereinafter called the Government), represented
by the Contracting Officer executing this contract, and the City of Denton,
Denton County, Texas (hereinafter called the City), WITKESSETH THAT.
WHEREAS, the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat. 1091)
authorized the construction, operation, and maintenance of Aubrey Lake including
modification of Garza-Little Elm Reservoir, since renamed Lewisville Lake, (here-
inafter called the Project) on the Elm Fork of the Trinity River in the State of
Texas; and
WHEREAS, in accordance with the authorized modification, Lewisville Lake
(located immediately downstream from the Aubrey Dam) will be modified to
permit the transfer of flood control storage from Lewisville Lake to Aubrey
Lake for an.equivalent amount of water supply storage in Lewisville Lake for
municipal and industrial uses; and
WHEREAS, the City desires to contract with the Government for the use of
storage included in Aubrey Lake and the additional storage to be made available
in Lewisville Lake for municipal and industrial water supply and for payment
of the cost thereof in accordance with the provisi6ns of the Water Suppiy,Act
of 1958, as amended (43 U.S.C. 390b); and
WHEREAS, the City is empowered so to contract with the Government and is
vested with all the necessary powers for accomplishment of the purposes of
this contract, including those required by Section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b);
NOW, THEREFORE, the Government and the City agree as follows:
ARTIGj3 1. Water storage space.
a. Protect construction. The Government, subject to the directions of
Federal law and any limitations imposed thereby, shall design and construct the
Project so as to include in Aubrey Lake space for the storage of water by the
City and space for the storage of floodwaters which will permit the realloca-
tion of flood control storage in Lewisville Lake to municipal and industrial
water supply storage, a portion of which will also be utilized by the City.
b. Rights of the City.
(1) The City shall have the right to utilize (a) an undivided 26.0
percent (estimated to contain 207,900 acre-feet gross storage, including
storage for sediment deposits) of the total storage apace in Aubrey Lake below
elevation 632.5 feet above mean sea level, which total storage space is
estimated to contain 799,600 acre-feet gross storage, including storage for
sediment deposits, and (b) an undivided 26.0 percent (estimated to contain
46,200 acre-feet gross storage, including storage for sediment deposits) of
the total storage space in Lewisville Lake between elevations 515.0 feet above
moan sea level and 522.0 feet dbo•.e mean sea level, which total storage space
is estimated to contain 177,600 acre-feet gross storage, including storage for
sediment deposits. The storage space in Lewisville Lake is to be used to im-
pound water for present demand or need for municipal and industrial water supply;
and the storage space in Aubrey Lake is to be used to impound water for present
and anticipated future demands or needs for municipal and industrial water supply.
In Aubrey Lake, 52 percent (an estimated 108,100 acre-feet) of the space which
the City has a right to utilize is for present use water storage and 48 percent
(an estimated 99,800 acre-feet) is for future use water storage.
(2) The City shall have the right to withdraw or transfer water from
or transfer water into either or both of the two lakes, or to order releases to
be made by the Government through the outlet works in the dams, subject to the
provisions of Article lc and to the extent the aforesaid storage spaces will
provide. The City shall have the right to con.atruct all such works, plants,
pipelines, and appliances as may be necessary and convenient for the purpose of
transfers or withdrawals, subject to the approval of the Contracting Officer as
to design and location. The grant of rights-of-way across,, in, and upow land
of the Government at Aubrey Lake and at Lewisville Lake shall be by separate
instrument in a form satisfactory to the Secretary of the Army, without addi-
tional cost to the City, under the authority of and in accordance with the
provisions of 10 U.S.C. 2669. Subject to the conditions of such grants, the
City shall have the right to use so much of Aubrey.Lake and Lewisville Lake
lands as may reasonably be required in the exercise of the rights and privileges
herein granted.
c. Rights reserved. The Government reserves the right to lower the water
in Aubrey Lake to elevation 632.5 feet above mean sea level and to lower the
water in Lewisville Lake to elevation 522.0 Net above mean sea level during
such periods of time as is deemed necessary, in its sole discretion, for flood
control purposes. The Government further reserves the right to take such
measures as may be necessary in the operation of Aubrey Lake and Lewisville
Lake to preserve life of property.
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d. Quality or availability of water. The City recognizes that this con-
tract provides storage spaces for raw water only. The Government makes no
representations with respect to the quality or availability of titer and
-assumes no responsibility therefor or for thii treatment of wale::.
ARTICLE 2. Regulation of and right to use of water. The regulation of
the use of water withdrawn or released from or transferr,,d to or from the
aforesaid storage spaces shall be the sole responsibility of the City. The
City has the full responsibility to acquire in accordance with State laws and
regulations, and if necessary to establish or defend, any and all water
rights needed for utilization of the storages provided under this contract.
The Government shall not be responsible for withdrawals, transfers, or
diversions by others, nor will it become a party to any controversies
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involving the use of the storage Spaces by the City except as such controversies
may affect the operations of the Government.
ARTICLE 3. veration and maintenance. The Government shall operate and
maintain Aubrey Lake and Lewisville Lake, and the City shall pay to the Government
a share of the costs of such operation and maintenance as provided in Article Sc.
The City shall be responsible for operation and maintenance of all installations
and facilities which it may construct for the transfer into or out of or with-
drawal of water from either or both of the two ".ekes and shall bear all costs of
construction, operation, and maintenance of such installations and facilities.
ARTICLE 4. Measurement of withdrawals and releases. The City agrees to
furnish and install, without cost to the Government, suitable meters or measuring
devices satisfactory to the Contracting Officer for the measurement of water
which is transferred into Aubrey Lake or Lewisville Lake or is withdrawn or
transferred from Aubrey Lake or Lewisville Lake by any means other than through
Aubrey Lake or Lewisville Lake outlet works. The City shall furnish to the
Government monthly statements of all such withdrawals or transfers. Releases
from the water supply storage spaces through Aubrey Lake or Lewisville Lake
outlet works shall be made in accordance with written schedules furnished by the
City and approved by the Contracting Officer and shall be subject to Article le.
The measure of all such releases shall be by means of a rating curve of the
outlet works or by such other st.4table means as may be agreed upon prior to use
of the water supply storage space or spaces.
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ARTICLE 5. Payments. In consideration or the right to utilise the aforesaid
storage spaces in Aubrey Lake and Lewisville Lake for municipal and industrial
water supply purposes, the City shall pay the following sums to the Government:
a. Project investment costs.
(1) The City shall repay to the Government, at the times and with
interest on the unpaid balance as hereinafter specified, the amounts stated below
which, as shown in Exhibit A of this contract, constitute the entire estimated
amount of the construction costs, including interest during construction, allo-
cated to the water storage rights acquired by the City under this contract. The
interest rate to be used for purposes of computing interest during construction
and interest on the unpaid balance will be determined by the Secretary of the
Treasury as of the beginning of the Government fiscal year in which construction
of the Project is initiated on the basis set forth in the Water Supply Act of
1958, as amended. Such interest rate at the time of negotiation of this contract
(Government fiscal year 1980) is 7.210 percent. The City shall repays
26 percent of the construction cost of specific water
supply facilities, estimated at $ Sb,100
18.39 percent of this total Project joint use
construction cost, estimated at 32,663,500
Interest during construction, estimated at 4,718,200
Total estimated amount of Project investment cost
allocated to 26 percent of the water supply $37,438,400
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(2) The Project investment costs allocated to the storage space
indicated in Article l(b)(1) as being provided for present demand is currently
estimated at $209060,0009 on the basis of the costs presented in Exhibit "A".
The amount of the Project Investment costs allocated to the'storage for
present demand shall be paid in 50 cecs"utive annual installments, the first
of which shall be due and payable within 30 days after the User is notified
by the Contracting Officer that the Project is completed and operational for
water supply purposes. Annual installments thereafter will be due and payable
on the anniversary date of the first payment. Except for the first payment
which will be applied solely to the retirement of principal, all installments
shall include accrued interest on the unpaid balance at the rate provided
above. The last annual installment shall be adjusted upward or downward when
due to assure repayment of all of the Investment costs allocated to the storage
for present demand within 50 years.
(3) The Project investment cost allocated to the remaining portion of
the storage space, that provided in Aubrey Lake for future use, is currently
estimated at $17,378,400 on the basis of the coats presented in Exhibit A of
this contract. No principal or interest payment with respect to this storage
for future water supply is required to be made during the first 10 years following
the date the Project is operational for water supply purposes unless all or a
portion of such storage is used for purposes of withdrawal of water from or
transfer of water into Aubrey Lake during this period. The amount to be ppid
for any portion of such storage which is used shall be determined by w4ltiplying
the percentage of the total storage for future water supply which is placed in
use by the totaf°amount of the Project investment cost allocated to future water
supply. Interest at the rate provided above will ba charged on the amount of
the Project investment cost allocated to the *storage for future water supply
which is not being used from the tenth (10th) year following the date the Project
is operational for water supply purposes until the time when such storage is
first used. The :ity may at its option pay the interest as it becomes due or I
allow the interest to accumulate until the storage is used. If this latter
option is exercised, the interest will be compounded annually and added to the
principal amount. When any portion of the storage for future water supply is
used, the amount of the Project investment cost allocated thereto plus interest
applicable to such portion as provided above will be due and payable on the date
of first use of such portion. The said amount due shall be paid within the life
of the Project in not to exceed 50 consecutive annual payments beginning on the
next anniversary date established in accordance with the provisions of Article
5a(2) above. Annual payments thereafter for such portion will be due and payable
on said anniversary date. For any portion, all payments shall include accrued
interest on the unpaid balance at the rate provided above, with interest accruing
from the said date of first use of such portion. She last annual payment for
any portion shall be adjusted upward or downward when due to assure repayment of
all the investment cost allocated to such portion within the repayment period.
(4) An estimated schedule of annual payments for the storages provided
for present demand is attached as Exhibit A of this contract. The annual pay-
ments as provided therein shall be made until an interim estimated determination
of cost or a final determination of cost is made as provided in Article 6.
Payment schedules for the storage provided for future water supply desandn will
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be furnished by the Contracting Officer when use of such storage is started, and
if based on estimated costs will be subject to revision, as provided in Article
6, until actual costs are known.
(5) The City shall have the right at any time it Ae e)c:ts to prepay
the indebtedness under this Article 5a, in whole or in part, with accrued
interest thereon to the date of such prepayment.
b. Major capital replacement costs and resedimentation aurveva costa. The
City will be required to pay to the Government 26 percent of the cost for any
major capital replacement of specific water supply facilities at Aubrey Lake.
In addition, the City shall pay to the Government 6.760 percent of the costs of
joint use major capital replacement items at Aubrey Lake until such time as the
storage foi future water supply is first used. As the storage provided for
future water supply is used, the share of the joint iuse major capital replace=
ment items coats, which the City will be required to pay in addition to the
major capital replacement costs of the specific water supply facilities, will be
increased commensurate with the percentage of the total water supply storage
being used up to a total of 13.000 percent of such costs. The City will also
be required to pay to the Government 1(:.155 percent of the costs of sedimenta-
tion resurveys at Aubrey Lake until such time as the storage for future water
supply is used. As the storage provided for future water supply demands is
used, the share of the sedimentation resurveys costs which the City will be
required to pay will be increased commensurate with the precentage of the total
water supply storage being used up to a total of 19.528 percent of such costs.
Payment shall be made either in lump sum on demand at the time such costs are
incurred or annually with interest on the unpaid balance. If paid annually, the
City's share shall be paid within the life of the Project not to exceed 25 con-
secutive annual payments beginning on the next anniversary data established in
accordance with the provisions of Article Sa(2) above following the date demand
is made for payment of said major capital replacement costs and resedtmentation
surveys. Annual payments thereafter will be due and payable on said anniversary
date. All payments shall include accrued interest on the unpaid balance at the
rate determined by the Secretary of the Treasury on the basis of the Water Supply
Act of 1958, as amended, for use in the Government fiscal year in which major
capital replacement is initiated, with interest accruing from the data said
major capital replacement is initiated: The last annual payment shall be
adjusted upward or downward when due to assure repayment of all the incurred
costs within the repayment period.
c. Annual operation and maintenance costs.
(1) The City will be required to pay to the Government 16 percent of
the annual experienced operation and maintenance costs of specific water supply
facilities at Aubrey Lake. In addition, the City shall pay to the Government
7.759 percent of the annual experienced joint use operation and aaiatenarce
costs of Aubrey Lake until such time as the storage for future water supply is
-first used. As the storage provided for future water supply demands is used,
the share of the annual experienced joint use operation and maintenance eoste,
which the City will be required to pay in addition to the operation and mainte-
nance costs of the specific water supply facilities, will be increased
commensurate with the percentage of the total water supply storage being used
5
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up to a total of 14.921 percent of such costs. Twelve months prior to the ex-
pected date that the Contracting Officer shall notify the City that the Project
is complete and operational for the water supply purpose, the Government shall
provide the City an estimate of the first advance payment for operation and
mafntanaoae :oats. The fist ptfment for operation and maintenance costs of
present use water supply storage in Aubrey Lake will be due ana payable in
advance within 90 days after the Contracting Officer notifies the City that
the Project is completed and operational for water supply purposes, will be for
the period beginning on the date the Project is operational for water supply
purposes and ending on 30 September following, and will amount to the aum of
the first payment for specific water supply facilities costs and the first pay-
ment for joint use costs. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on 2 January
following the close of the priur Government fiscal year. Payment by tte City
and payment adjustments by the Government shall be in accordance with A,peadix A,
IV, B.
(2) When each and any portion of the future water supply storage is
placed in use, the first payment of the additional amount of the joint use
operation and maintenance costs required to be paid for such storage use will
be due and payable in advance within 30 days after first use of such storage
and will be for the period beginning on the date of said first use and ending
on 30 September following. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on
2 January following the close of the prior Government fiscal year.
d. Charges for delinquent payments. If the City shall fail to make any of
the aforesaid payments when due, then the overdue payments shall bear interest
compounded annually until paid. The' interest rate to be used for overdue pay-
ments due under the provisions of Articles 5a, 5b, and 5c above shall be that
determined by the Secretary of the Treasury on the basis of the Water Supply Act
of 1958, as amended, for use in the Government. fiscal year in which each period
of delinquency occurs. The amount charged on payments overdue for &'period of
less than one year shall be figured on a monthly basis. For example, if the
payment is made within the first month cfter being overdue (31 to 60 days after
the anniversary date of the date of notification) one month's interest shall
be charged. This provision shall not be construed as giving the City a choice
of either me.king payments when due or raying interest, nor shall It be construed
as waiving any other rights of the Government, at law or in equity, which might
result from say default by the City.
e. Assurance of funds for contract payments. The City warrants that all
payments contracted hereunder shall be secured by a pledge of surplus revenue$
of the City's comb#ned Waterworks and Sanitary Sewer System remaining after
payment of all expenses of operating and maintaining such system and after
providing for payment of all debt service, reserve, or other requirements in
connection with the City's Waterworks and Sanitary Sever System Revenue bonds now
outstanding or those hereafter issued on a first limn basis or on such other
basis as may be appzoved by the Contracting Officer, provided, that in the avant
such surplus revenues which may become or are insufficient to meet the payments
contracted hereunder, the City shall fix and collect such rates and charges for
services of said combined system as will make possible the prompt payment of
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all the aforementtoned requirements including payments contracted hereunder.
Payments made by the City as Project investment cost and as major capital re-
placement costs shall be regarded as capital expenditures.
ARTICLE 6. Co;.atruction cost adjustments- All construction cost dollar
amounts in this con.ract, including those in the Exhibits, are tentative only
based on the Government's best estimates. They will be adjusted upward or down-
ward by the Contracting Officer when final construction costs become known, and
the contract will be modified to reflect the adjustments. Within two years
after the Project is completed and operational for water supply purposes, the
Contracting Officer shall make a revised interim estimated determination of
construction costs, including interest during construction and taking into
account the actual costs to the extent they are then known. In like manner,
further interim determinations shall be made at two year intervals until all
actual costs are known, at which time the Contracting Officer shall prepare a
final cost determination, including interest during construction. On each
occasion of an interim determination, of on final determination, the annual
payments thereafter due shall be changed so as to provide for the payment of
the balance due in equal payments during the remaining life of the repayment
period; and a revised schedule, or schedules as necessary, of annual payments
shall be furnished to the City.
ARTICLE 7. Duration of contract. This contract shall be effective when
approved by the Secretary of the Army and shall continue in full force and effect
for the life of Aubrey Lake and Lewisville Lake. Both Aubrey Lake and the addi-
tional storage to be made available in Lewisville Lake have been formulated on I
the basis of 100 years economic life.
ARTICLE 8. Permanent riahta to storage. Upon completion of payments by
the City as provided in Article Sa herein, the City shall have a permanent
right, under the provisions of the Act of 16 October 1963 (Public Law 88-140,
43 U.S.C. 390e), to the use of the water supply storage spaces in Autrey Lake
and Lewisville Lake as provided in Article 1, subject to the follovIng:
a. The City shall continue payment of its share, as prcvided in Article 5c,
of the annual operation and maintenance costs allocated to water supply.
b. The City shall bear 26 percent of the costs allocated to (1) water
supply for Aubrey Lake and (2) the total storage space between elevations 515.0
feet above mean sea level and 522.0 feet above mean sea level for Lewisville
Lake of any necessary reconstruction, rehabilitation, or replacement of Aubrey
Lake or Lewisville Lake features which may be required to continue satisfactory
operation of Aubrey Lake or Lewisville Lake. Such coats will be established
by the Contracting officer and repayment Arrangements shall be in writing in
accordance with the terms and conditions set forth in Article 5(b) for major
capital replacement costs.
C. Upon completion of payments by the C.'.ty as provided in Article 5a
herein, the Contracting Officer shall redetermine the storage space for munici-
pal and industrial water supply in Aubrey Lake, taking into account such
equitable reallocation of lake storage capacities among the purposes served
7
by Aubrey Lake as may be necessary due to sedimentation. Such findings, and the
storage space allocated to municipal and industrial water supply, shall be de-
fined and described in an exhibit which will be made a part of this contract.
Following the same principle, such reallocatie,ri of lako :r.otdge capacities may
be further adjusted from time to time as the result of sedimentation resurveys
to reflect actual rates of sedimentation and the exhibit revised to show the
revised storage space allocated to municipal and industrial water supply.
d. The permanent rights of the City under this contract shall be continued
so long as the Government continues to operate Aubrey Lake and/or Lewisville
Lake. In the event the Government no longer operctes Aubrey Lake or Lewisville
Lake, such rights may be continued subject to the execution of a separate con-
tract, or supplemental agreement, providing for:
(1) Continued operation by the City of such part of the facility
as is necessary for utilization of the water supply storage spaces allocated
to it;
(2) Terms which will protect the public interest; and
(3) Effective absolvement of the Government by the City from all
liability in connection with such continued operation.
ARTICLE 9. Release of claims. The City shall hold and save the Governmen v,
including its officers, agents, and employees, harmless from liability of any
nature or kind for or on account of any claim for damages which may be filed or
asserted as a result of the storages in Aubrey Lake and/or Lewisville Lake, or
withdrawal or release of water from or transfer of water to or from Aubrey Lake
or Lewisville Lake made or ordered by the City, or as a result of the construc-
tion, operation, or maintenance of the features and appurtenances owned and
operated by the City, provided, that this shall not be construed as qbligating
the City to hold and save the Government harmless from damages or liability
resulting from the sole negligence of the Government or its officers, agents,
or employees and not involving negligence on the part of the City or its
officers, agents, or employees.
ARTICLE 10. Assignment. The City shall not transfer or assign this con-
tract or a:;y rights acquired hereunder, nor sub-allot said water angply storage
spaces or any part thereof, nor grant any interest, privilege, or license
whatsoever in connection with this contract, without the approval of the
Secretary of the Army, provided, that unless contrary to the public interest,
this restriction shall not be construed to apply to any water that may be
obtained from the water supply storage spaces by the City and furnished to
any third party or partlee, nor any method of allocation thereof.
ARTICLE 11. Officials not to benefit.
No member of or delegate to Congress,
or Resident Commissioner, shall be admitted to any share or part of this contract
or to any benefit that may arise herefrom; but this provision shall not be con-
strued to extend to this contract if made with a corporation for its general
benefit.
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ARTICLE 12. Covenant astainst
person or sellin contingent fees. The City warrei,Ls that no
g agency has been employed or retained to solicit o: secure
this contract upon agreement or understanding for a commission, percentage,
brokerage, or contingent fee excepting bona fide employees or bona fide
estal%lishrd ccm,;8rci,.1 ;jr sall"ng agencies maintained by the City for the
purpose of securing business. For breach or violation of this warranty, the
d Government shall have the right to annul this contract without liability or in
its discretion to add to the contract price ur consideratioa or otherwlue re-
cover the full amount of such commission, percentage, brokerage, or contingent
fee.
ARTICLE 13. and maintenance byEtherCity noflanyulit
afacilities,cspecificnactionsowillpbeataken to
control environmental pollution which could result from such activity and to
comply with applicable Federal, State, and local laws and regulations concerning
environmental pollution. Particular attention should be given to (1) reduction
of air pollution by control of burning, minimization of dust, containment of
chemical vapors, and control of engine exhaust gases and smoke from temporary
heaters; (2) reduction of water pollution by control of sanitary facilities,
storage of fuels and other contaminants, and control of turbidity and siltation
from erosion; (3) minimization of noise levels; (4) onsite and offeite disposel
of waste and spoil; and (5) prevention of landscape defacement and damage.
ARTICLE 14. Federal and State laws.
a. In acting under its rights and obligations hereunder, the City agrees
to comply with all applicable Federal and State laws and regulations, including
but not limited to the provisions of the Davis-Bacon Act (40 U.S.C. 216& et
seq.); the Contract Work Hours and Safety Standards Act (40 U.S.C. 321-333);
and Title 29, Code of Federal Regulations, Part 3.
b. The City furnishes as part of this contract an assurance (Eoibit C)
that it will comply with Title VI of the Civil Rights Act of 1964 (18 Stat. 241,
'2 U.S.C. 2000d et seq.) and Department of Defense Directive 5500.11 issued
pursuant thereto and published In Part 300 of Title 320 Code of Federal
Regulations.
ARTICLE 15. Water conservation. There is a strong Federal interest in the
efficient use of Federal projects, any! this objective nap be served by effective
management of the use of water from the system into which a Federal project is
integrated. Therefore, prior to the first use of storage space indicated in
Article l(b)(t), the City shall submit to the Contracting officer for his approval
a management plan which incorporates loss reduction measures and demand
management practices which insure that the available supply is used in an
economically efficient and environmentally sensitive manner. The plan shall
contain a program for implementation of specific time-phased measures. At not-to-
exceed five-year intervals, ;he City and the Contracting officer shall review and
modify the plan as the results of the implementation of measures are made a-~arent
and as the system supplies and user demands change.
ARTICLE 16. Definitions.
a. Joint use costs. The costs of features used for any r.wo or more
Project purposes.
9
b. Pzo ect investment costs. The initial cost of the Project, Including:
land acquisition; construction; interest during construction on the cost of
land, labor, and materials'used for planning and construction of the Project.
c6 jpegLfic cost4. Ths co is of Project reatures normally serving only
one particular Project purpose.
d. Interest during construction. An amount of interest which accrues on
expenditures for the establishment of Project services during the pcriod between
the actual outlay and the time the Project is first made available to the City
for water storage.
ARTICLE 17. Approval. This contract is subject to the written approval
of the Secretary of the Army, and it shall not be binding until so apiroved.
10
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written.
APPRO'+70: THE UNITED STATES OF AMERICA
By _
Secretary of the Arm Donald J. Palladino
y Colonel, CE
Contracting Officer
Datr Date
CITY OF DUrON, TEXAS
i
By
c rd 0. S evert
Mayor
I. Brooks Holt, certify that I am the City Secrecux of a City of Denton,
Denton County, Texas, named as City herein; that o m I. who si ed
this contract on behalf of the City of Denton was tt t~bTN~a'+yor of the City of
Denton, Texas; that said contract was duly signed for and on behalf of the
City of Denton, Texas by authority of its governing body and is within the
scope of its legal powers.
IN WITNESS WHEREOF, I have hereunto aff ed my hand and the seal of said
City of Denton, Texas this day of 1980.
Brooks Holt
Secretary
City of Denton, Texas
CORPORATE SEAL
11
Contract No. DACW63-J;p-C-0104
AU"kvY 'M LEWISVILLE LAKES
EJCH_ I_ B_ IT A
I - LAKE STORAGES
Aubre~
Gross Percent Percent of
Elevation storage of gross water supply
Feature feet msi acre-feet at store e
oraAe B
Flood control 632.5-640.5 265,000 24.892
Water supply below 632.5 799,600 75.108
(City of Dallas) below 632.5 (591,700) 100.0
(City of Denton) below 632.5 207 900) (19.528) (74.0)
Totals 1,064,600' 100100 000 (26.0)
• Lewisville Lake
Gross Percent Percent of
Elevation storage (1) of gross water supply
Feature feet msi (acre-feet atorage(2) _ stocaAe
Flood control 522.0-532.0 336,100 65.427
Water supply 515.0-522.0 177,600 34.573 100.0
(City of Dallas) 515.0-522.0 (131,400) (25.579) (74.0)
(City of Denton) 515.0-522.0 (46,200 8.994) (26.0)
Totals 513,700(2) 100.000
(1) 1985 condition 0
(2) Between elevations 515.0 and 532.0 feet msl.
It - PROJECT ESTIMATED CONSTRUCTION INVESTMENT TO BE ALLOCATED
Federal construction cost $211,234,000
Nonreimbursable costs (unallocable) (1) 9.826.000
Project cost to be allocated $201,408,000
Interest during construction on allocable cost (2) 23,991,900
Project construction investment to be allocated 225,399,800
(1) Relocation of roads above replacement-in-kind standards.
(2) Interest rate for Federal share of recreation - 3.25%.
Interest rate for water supply and non-Federal share of recreation -
7.2102.
A-1
III - ALLOCATION OF ESTIMATED CONSTRUCTION UVES114M
(Separable costs - remaining benefits method)
Water
suppIY Recreation Totals
1. Specific facilities cost $ 218,000 $230566,00^ $ 23,7?4 ^f
Aubrey Lake (2180000) (19,9850000) (20,2030000)
Lewisville Lake (0) (31581,000) (3,581,000)
2. Joint use facilities cost 125,629,000 51,995,000 177,624,000
Aubrey Lake (121,483,200) (50,279,200) (171,7629400)'
Lewisville Lake ,41145.800) (1,715,800) (5,861,600)
Subtotals - cost $1259847,000 $ 759561,000 $2019408,000
3. Interest during
construction 18,147,100 5,8440700 23,9910800
Aubrey Lake (17,549,300) (59358,600) (22,9079900)
Lewisville Lake (597,800) (486,100) (11083,900)
4. Total allocation-
investment $143,994,100 S 81,4059700 $225,399,800
Aubrey Lake (139,2501500) (7596220800) (214,8730300)
Lewisville Lake (4,743,600) (5,782,900) (10,526,500)
1
(1) Interest rate for water supply - 7.210% (fiscal year 1980). Interest rate
for reimbursement for water supply storage will be set as of the beginning
of the Government fiscal year in which construction of the Project is started.
(2) Investment cost to be repaid by., Lewisville Lake Aubrey Lake Totals
City of Dallas - 74% $31510,300 $103,045,400 $106,5550700
Present water supply (39510,300) (53,583,600) (579093,900)
Future water supply (0) (49,461,800) (49,461,800)
City of Denton - 26% 1,233,300 36,2059100 37,4389400
Present water supply (19233,300) (18,8269700) (20,060,000)
Future water supply _ 0 (17,378,400) (17,378,400)
Totals $4,7430600 5139,250,500 $143,994,100
IV - ALLOCATION OF ESTIMATED OPERATION AND MAINTENANCE COSTS
Aubrey Lake
A. Allocation of estimated total annual costs: •
Water
supply Recreation Total
1. Specific cost $ 70,400 $642,000 $712,400
2. Distribution of joint use
"at kpercent) 57.39 42.61 100.00
3. Allocated joint use coat 102,100 75,800 177,900
4. Total allocation $172,500 $717,800 '$890,300
To be paid by the City cf Dentont I
26% of specific cost for water supply facilities 180300
Aubrey Lake joint use costs
Present use w/s storage (0.52 x 0.26 x 0.5739 x $177,900) 13,800
Future use w/s storage (0.48 x 0.26 x 0.5739 x $177,900) 12,700
Total $ 44,800
A-2
r
,1{
Be Annual payment adjustment:
Payment for the City of Dentcn's share of the annual operation and
maintenance costs allocated to water supply storage f-r each Gc•:srraeut
fusel year w;,l be mad, by the City in advance on 2 January following
close of the prior Government fiscal year. For present use water
supply storage, the first payment for such costs will be estimated
based on the Contracting Officer's annual estimates therefor, prorated
as necessary for a partial year of Project operation. Each annual
payment thereafter will include (1) an advance payment for the current
fi.^al year, estimated based on the actual operation and maintenance
costs incurred for the preceding fiscal year (except as noted for
particular conditions), and (2) an amount (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year. For future use water
supply storage, all advance payments will be estimated based on the
actual operation and maintenance costs incurred for the preceding fiscal
year (except as noted for particular conditions). The first advance
payment will be prorated as necessary for a iartial year of storage use;
and each annual payment thereafter will include an advance payment for
the'current fiscal year and an amount (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year.
A-3
V - ALLOCATION OF ESTIMATED MAJOR CAPITAL REPLACEMENTS
COSTS AND SEDIMcNTATION RESIaMS COSTS
A. Major ca !ta'. re laceme-- _Ian: (1)
Aubrey Lake
Water
supply Recreation Total
1. Specific cost $219900 $133,000 $154,900
2. Distribution of point use cost (percent) 50.00 50.00 100.00
J. Allocated joint use cost 75100 _ 7,100 14,200
4. Total allocation $29,000 $1409100 $169,100
To be paid by the City of Denton:
262 of specific cost for water supply facilities S,700
Aubrey Lake point use cost:
Present use w/s storage (0.52 x 0.26 x 0.5000 x $14,200) 1,000
Future use w/o storage (0.48 x 0.26 x 0.5000 x $14,200) (2) 900
Total
9 7,600
(1) Estimates of average annual charges are used for determination of
allocated percentages. All charges will be based on the indicated per-
centages of actual costs if and when they are incurred.
(2) Additional amounts of joint use cost required to be paid as future vater
supply storage is used will be computed as follows:
Percent of future w/;%
storage placed to use
100 x 0.48 x 0.13000 x actual joint use cost
B. Sedimentation resurvsys costs: '
Aubrey Lake
Sedimentation resurveys costs allocated to water supply and to be paid by
the City of Denton in accordance with Article Sc(3) are based on the
percentage of the gross storage in Aubrey Lake represented by the storage
right of the City - see section I of this Exhibit A.
Present use water supply storage 0.32 x 19.5282 ■ 10.1352
Percent of future w/o
Future use eater supply storage dregs placed in use x 9.3132
100
L A-4
VI - COMPUTATIONS FOR ANNUAL PAYMENTS FOR INTEREST AND AMORTIZATION
Present use water supply sr,craae:
Amount to be a.aortized:
Lewisville Lake $ 41743,600 x 0.26 $ 1,233,300
Aubrey Lake $139,250,500 x 0.26 x 0.52 18,826,700
Total $20,060,000
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 7.210 percent.
P - (A - P)(1 + c) Where: P - annual payment
P - (A - P)(.0745602419P) A - amount to be repaid - $20,060,000
P - .0745602419A - 0.0745602419P i - interest rate - 7.210%
1.0745602419P - 0.0745692419A (i+c) - interest rate plus amortization
P -,0745602419($20 060 000) coefficient for 49 years - 0.0745602419
1.0745602419
P - $1,391,898.19
0
A-5
EXHIBIT B
PMT. PAYMENT TO PAYMENT TO TOTAL BALANCE
N0, INTEREST PRINCIPAL PAYMENT DUE
19641600.00
1 0000 1362866.77 1362866,77 18278772.2?
2 1317896.67 44070.10 1362H66,77 18233763.13
3 1314654.32 48212.45 1362866.77 18185550468
4 1311178,20 51688.57 1362866.77 18133862.11
5 1307451,46 55415.31 1362866.77 18078446.80
6 1303456,01 59410,76 1362866,77 18019036.04
7 1299172,50 63694,27 1362866.77 17955341.77
8 1294580.14 68286,63 1362866.77 17887055,14
9 1289656.68 73210,09 1362866.77 17813845,05
10 1284378,23 78488,54 1362866,77 17735356.51
11 1278719,20 84147,57 1362866.77 17651208.94
12 1272652,16 90314,61 1362866.77 17560994,33
13 1266147,69 96719,08 1362866,77 17464275,25
14 1259174,25 103692,52 1362866,77 17360582.73
15 1251698,01 111168,76 1362866477 17249413.97
16 1243682,75 119184,02 1362866,77 17130229,95
1y 1235089,58 127777,19 1362866,77 17002452,76
18 1225876,84 136989,93 1362866,77 16865462483
19 1215999,87 146866,90 1362866,77 16718595,93
20 1205410,77 157456,00 1362866,77 16561139,93
21 1194058,19 168808,58 1362866,77 16392331,35
22 1101887,09 180979,68 1362866,77 16211351,67
23 1165838,46 194028,31 1362866.77 16017323,36
24 1154849,01 208017,76 1362866,77 15809305,60
25 1139850,93 223015,84 1362866,77 15586289.76
26 1123771,49 239095,28 1362866,77 15347194,48
27 1106532472 256334,05 1362866,77 15090860,43
28 1088051,04 274815,73 1362866,77 14816044,70
29 1068236.82 294629,95 1362866,77 14521414.75
30 1046994,00 315872.77 1362866,77 14205541498
31 1024219,58 338647,19 1362866,77 13866894.79
32 999603611 363063.66 1362866,77 13503831,13
33 973626,22 389240,55 1362066,77 13114590,58
34 945561,98 417304,79 1362866,77 12697285,79
35 915474431 447392,46 1362866,77 12249893,33
36 883217.31 479649,46 1362866,77 11770243,87
37 048634,58 514232,19 1362866,77 11256011,68
38 811558,44 551308,33 1362866,77 10704703,35
39 771809,11 591057,66 1362866,77 10113645,69
40 729193,85 633672,92 1362866,77 947997207
41 683506,04 679360,73 1362866,77 8800612,04
42 ' 634524,13 728342,64 1362866.77 8072269,40
43 582010,62 780856,15 1362866.77 7291413,25
44 525710,90 037155,87 1362866.77 6454257,38
45 465351,96 89751441 1362866,77 5556742,57
46 400641,14 962225,63 1362866,77 4594516,94
'47 331264,67 1031602.10 1362666,77 3562914,84
48 ;56886,16 1105980.61 1362866,77 2456934423
49 177144,96 1185721481 1362866,77 1271212.42
50 91654,42 1271212,42 1362866,84 0,00
B-1
1 1 .
Contract No. DACW63-80-C-0104
AUBREY AND LEWISVILLE LAKES
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, Texas (hereinafter called "Applicant-
Recipient) HEREBY AGREES THAT it will comply urith title VI of the Civil
Rights Act of 1964 (Public Law 88-352) and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CFR Part 300,
issued as Department of Defense Directive 5500.11, December 28, 1964)
issued pursuant to that title, to the end that, in accordance with title VI
of that Act and the Directi e, no person in the United States shall, on
the ground of race, color, or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
LEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant-Recipient by
the U. S. Army Corps of Engineers, assurance shall obligate the Applicant-
Recipient, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a
purpose fcr which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If'any
personal property is so provided, this assurance shell obligate the
Applicant-Recipient for the period during which it retains ownership or
possession of the property. In all other cases, this assurance shall
obligate the Applicant-Recipient for the period during which the Federal
financial assistance is extended to it by the U. S. Army Corps of Engineers.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal grants, to-Ans, contracts, property, discounts,
or other Federal financial assistance extended after the date hereof to the
Applicant-Recipient by the Department, including installment payments after
such date on account of arrangements for Federal financial assistance which
were approved before such date.
The Applicant-Recipient recognizes and agreed that such Federal assistance
will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
C-1
Judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assignees; and the
person or persons whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
Dated
By
ch d 0. S wart
Mayo
ATTEST:
ti
00ka Holt
Secretary
City of Denton, Texas
v
C-2
Contract No. DACW63-80-C-0104
ALBREY A_VD LrjISVjLLh LAKeS
X D
OPINION OF COUNSEL
I have reviewed and approved contract number DACW63-80-C-0104 between
the United States of America and the City of Dentons Texas.
Particularly I have considered the effect of Section 221 of Public Law 91-611
(42 U.S.C. 1~62d-Sb) and am of the opinion that the City of Denton, Texas
has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute.
s
Dated ~ u.1 S~_(7 C
C. J. aylor
City Attorney
City of Denton, Texas
I
i}-1
1
V
P1,
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT. CORPS OF ENGINEERS
P. O. BOX 17300
FORT WORTH, TEXAS 76102
REPLY TO
ATTENTION OIi ,
~~1oh
SWFPS-^ 0 October 1980
r.1
eta
The Honorable ichsrd Stewart
Mayor of D on
Municip Building
215 cKinney
Denton, Texas 76201
Dear Mr. Mayor:
Reference Contract DACW53-80-C-0104 for Water Storage Spaces in Aubrey and
Uwisville lakes, Texas.
Inclosed is a duplicate original of the contract approved by the Assistant
Secretary of the Army on 16 September 1980.
Sincerely,
Ah~
1 Incl. W. S OATH
As stated Ch, Procurement 6 Supply Division
•
•I
DUPLICATE ORIGINAL Contract No. DACW63-80-C-0104
CONTRACT BETWEEN THE. UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEXAS
FOR
WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS
-Ak
THIS CONTRACT, entered into this\Z1, day ofv~\ 1980, by and between
the United States of America (hereinafter called the Government), represented
by the Contracting Officer executing this contract, and the City of Denton,
Denton County, Texas (hereinafter called the City), WITNESSETH THAT:
WHEREAS, the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat. 1091)
authorized the construction, operation, and maintenance of Aubrey Lake Including
modification of Garza-Little Elm Reservoir, since renamed Lewisville Lake, (here-
inafter called the Project) on the Elm Fork of the Trinity River in the State of
Texas; and
WHEREAS, in accordance with the authorized modification, Lewisville Lake
(located immediately downstream from the Aubrev Dam) will be modified to permit
the transfer of flood control storage from Lewisville Lake to Aubrev Lake for
an equivalent amount of water supply storage in Lewisville Lake for municipal
and industrial uses; and
WHEREAS, the City desires to contract with the Goverrm:ent for the use of
storage included in Aubrey Lake and the additional storage to be made available
in Lewisville Lake for municipal and industrial water supply and for payment
of the cost thereof in accordance with the provisions of the Water Stiipply Act of
1958, as amended (43 U.S.C. 3906); and
WHEREAS, the City is empowered so to contract with the Government and is
vested with all the necessary powers for accomplishment of the purposes of
this contract, including those required by Section 221 of the flood Control Act
of 1970 (42 U.S.C. 1962d-5b);
NOW, THEREFORE, the Government and the City agree as follows:
ARTICLE 1. Water storage spacl-
a. Project construction, The Government, subject to the directions of
Federal law and any limitations imposed thereby, shall design and construct the
Project so as to inclide in Aubrey Lake space for the storage of water by the
City and space for the storage of floodwaters which will permit the reallocation
of flood control storage in Lewisvilli Lake to municipal and industrial water
supply storage, a portion of which will also be utilized by the City.
b. Rights of the City.
(1) The City shell have the right to utilize (a) an undivided 26.0
percent (estimated to contain 207,900 acre-feet gross storage, including
storage for sediment deposits) of the total storage space in Aubrey Lake below
• 1 r
elevation 632.5 feet above mean sea levels which total storage space Is
estimated to contain 799,600 acre-feet gross storage, including storage for
sediment deposits, and (b) an undivided 26.0 percent (estimated to contain
46,200 acre-feet gross storage, including storage for sediment deposits) of
the total storage space in Lewisville Lake between elevations 515.0 feet above
mean sea le..yt and 522.0 feetrauurre mean -ee l(-.vel, which total storage rpace
is estimated to ronta1a 177,600 acre-feet gross storage, including storage for
sediment deposits. The storage space in Lewisville Lake is to be used to im-
pound water for present demand or need for municipal and industrial water supply;
and the storage space in Aubrey Lake 13 to be used to impound water for present
and anticipated future demands or needs for municipal and industrial water supply.
In Aubrey Laki, 52 percent (an estimated 108,100 acre-feet) of the space which
the City has a right to utilize is for present use water storage and 48 percent
(an estimated 99,800 acre-feet) is for future use water storage.
(2) The City shall have the right to withdraw cr transfer water from
or transfer water into either or both of the two lakes, or to order releases to
be made by the Government through the outlet works in the dams, subject to the
provisions of Article lc and to the extent the aforesaid storage spaces will
provide. the City shall have the right to construct all such works, plants,
pipelines, and appliances as may be necessary and convenient for the purpose of
transfers or withdrawals, subject to the approval of the Contracting Officer as
to design and location. The gravt of rights-of-way across, in, and upon land
of the Government at Aubrey Lake and at Lewisville Lake shall be by separate
instrument in a fort satisfactory to the Secretary of the Army, without addi-
tional cost to the f,'-,.y, under the authority of and in accordance with the
provisions of 10 U.S.C. 2669. Subject to the'conditions of such grants, the
City shall have the right to use so much of Aubrey Lake and Lewisville Lake
lands as may reasonably be required in the exercise of the rights and privileges
herein granted.
c. Rights reserved. The Government reserves the right to lower the water
in Aubrey Lake to elevat-on 632.5 feet above mean sea level and to lover the
y water in Lewisville Lake to elevation 522.0 feet above mean sea level during
such periods of time as is deemed necessary, in its sole discretion, for flood
control purposes. The Government further reserves the right to take such
measures as may be necessary in the operation of Aubrey Lake and Lewisville
Lake to preserve life or property.
d. Quality or availability of water. The City recognizes that this con-
tract provides storage spaces for raw water only. The Government makes no
representations with respect to the quality or availability of water and
assumes no responsibility therefor or for the treatment of water.
ARTIr,LE 2. Regulation of and right to use of water. The regulation of
the use of water withdrawn or released from or trans erred to or from the
aforesaid storage spaces shall be the sole responsibility of the City. The
City has the full responsibility to acquire in accordance with State laws and
,raguletionss and if necessary to establish or defend, any and all water
rights needed for utilization of the storages provided under this contract.
The Government shall not be responsible fog withdrawals, transfers, or
diversions by others, nor will it become a party to any controversies
2
' r \ • M1
involving the use of the storage spaces by the City except as such controversies
may affect the operations of the Government.
ARTICLE 3. ggeration and maintenance. The Government shall operate and
maintain Aubrey Lake and Lewisville Lake, anti the City shall pay to the Government
a share of the costs of such operation and maintenance as provided in Article 5c.
The City shall be responsible for operation and maintenance of all installations
and facilities which it may construct for the transfer into or out of or with-
drawal of water from either or both of the two lakes and shall bear all costs of
construction, operation, and maintenance of such installations and facilities.
ARTICLE 4. Measurement of withdrawals and releases. The City agrees to
furnish and install, without cost to the Government, suitable meters or measuring
devices satisfactory to the Contracting Officer for the measurement of water
which is transferred into Aubrey Lake or Lewisville Lake or is !withdrawn or
transferred from Aubrey Lake or Lewisville Lake by any means other than through
Aubrey Lake or Lewisville Lake outlet works. The City shall furnish to the
Government monthly statements of all such withdrawals or transfers. Releases
from the water supply storage spaces through Aubrey Lake or Lewisville Lake
outlet works shall be made in accordance wit:t written schedules furnished by the
City and approved by the Contracting officer and shall be subject to Article lc•
The measure of all such releases shall be by means of a rating curve of the
outlet works or by such other suitable means as may be agreed upon prior to use
of the water supply storage space or spaces.
ARTICLE 5. Payments. In consideration of the right to utilize the aforesaid
storage spaces in Aubrey Lake and Lewisville Lake for municipal and industrial
water supply purposes, the City shall pay the following sums to the Government:
a. Pro ect investment costs.
(1) The City shall repay to the Government, at the times and with
interest on the unpaid balance as hereinafter specified, the amounts stated below
which, as shown in Exhibit A of this contract, constitute the entire estimated
amount of the construction costs, including interest during construction, allo-
cated to the water storage rights required by the City under this :ontract. The
interest rate to be used for purposes of computing interest during construction
and interest on the unpaid balance will be determined by the Secretary of the
Treasury as of the beginning of the Government fiscal year in which construction
of the Project is initiated on the basis set forth in the Plater Supply Act of
19589 as -,.sanded. Such interest rate at the time of negotiation of this contract
(Government fiscal year 1980) is 7.210 percent. The city shall repay:
26 percent of the construction cost of specific water
supply facilities, estimated at $ 56,700
18.39 percent of the total Project joint use
construction cost, ea'timated at 32,6639500
Interest during construction, estimated at 4,718,200
Total estimated amount of Project investment cost
allocated to 26 percent of the water supply $379438,400
3
' AUG 1 5 1980
(2) The Project investment costs allocated to the storage space `
indicated in Article l(b)(1) as being provided for present demand is currently
estimated at $19,641,600, on the basis of the costs presented in Exhibit "A".
The amount of the Project Investment coats allocated to the storage for
,present demand ehdll be paid in 50 consecutive annual installments, the first
of which shall be due and payable within 30 days after the City is notifiad
by the Contracting Officer that the Project is completed and operational for
water supply purposes. Annual installments thereafter will be due and payable
on the anniversary date of the first payment. Except for the first payment
which will be applied solely to the retirement of principal, all installments
shall include accrued interest on the unpaid balance at the rate provided
above. The last annual installment shall be adjusted upward or downward when
due to assure repayment of all of the investment costs allocated to the storage
for present demand within 50 years.
(3) The Project investment cost allocated to the remaining portion of
the storage space, that provided in Aubrey Lake for future use, is currently
estimated at $17,796,800 on the basis of the costs presented in Exhibit A of
this contract. No principal or interest payment with respect to this storage
for future water supply is required to be made during the first 10 years following
the date the Project is operational for water supply purposes unless all or a
portion of such storage is used for purposes of withdrawal of water from or
transfer of water into Aubrey Lake during this period. The amount to be paid
for any portion of such storage which is used shall be determined by multiplying
the percentage of the total storage for future water supply which is placed in
use by the total amount of the Project investment cost allocated to future water
supply. Interest at the rate provided above will be chanted on the amount of
the Project investment cost allocated to the storage for ioture water supply
which is not being used from the tenth (10th) year followini• the date the Project
is operational for water supply purposes until the time vhen such storage is
first used. The City may at its option pay the interest, as it becomes due or
allow the interest to accumulate until the storage is used. If this latter
option is exercised, the interest will be compounded annually and added to the
principal amount. When any portion of the storage for future water supply is
used, the amount of the Project investment cost allocated thereto plus interest
applicable to such portion as provided above will be due and payable on the date
of first use of such portion. The said amount due shall be paid within the life
of the Project in not to exceed 50 consecutive annual payments beginning on the
next anniversary date established in accordance with the provisions of Article
5a(2) above. Annual payments thereafter for such portion will be due and payable
on said anniversary date. For any portion, all payments shall include accrued
interest on the unpaid balance at the rate provided above, with interest accruing
from the said date of first use of such portion. The last annual payment for
any portion shall be adjusted upward or downward when due to assure repayment of
all the investment cost allocated to such portion within the repayment period.
(4) An estimated schedule of annual payments for the storages provided
for present demand is attached as Exhibit B of this contract. The annual pay-
ments as provided therein shall be made until an I,terim estimated determination
of cost or a final determination of cost is made ae provided in Article 6.
Payment schedules for the storage provided for future water supply demands will
4
be furnished by the Contracting Officer when use of such storage is started, and
if based on estimated costs will be subject to revision, as provided in Article
6, until actual costs are known.
(9 The City sb^11 have the ri;ht at any tilde it so elects co prepay
the indebtedness under this Article 5a, in whole or in part, with accrued
interest thereon to the date of such prepayment.
b. Major capital replacement costs and resedimentation surveys costs. the
City will be required to pay to the Government 26 percent of the cost for any
major capital replacement of specific water supply facilities at Aubrey Lake.
In addition, the City shall pay to the Government 6.760 percent of the costs of
joint use major capital replacement items at Aubrey Lake until such time as the
storage for future water supply is first used. As the storage provided for
future water supply is used, the share of the joint use major capital replace-
ment items costs, which the City will be required to pay in addition to the
major capital replacement costs of the specific water supply facilities, will be
increased commensurate with the percentage of the total water supply storage
being used up to a total of 13.000 percent of such costs. The City will also
be required to pay to the Government 10.155 percent of the costs of sedimente--
tion resurveys at Aubrey Lake until such time as the storage for future water
supply is used. As the storage provided for future water supply demands is
used, the share of the sedimentation resurveys costs which the City will be
required to pay will be increased commensurate with the peecentage of the total
water supply storage being used up to a total of 19.528 percent of such costs.
Payment shall be made either in lump sum on demand at the time such costs are
incurred or annually with interest on the unpaid balance. If paid annually, the
city's share shall be paid within the life of the Project not to exceed 25 con-
secutive annual payments beginning on the next anniversary date established in
accordance with the pro-+isions of Article 5a(2) above following the date demand
is made for payment of said major capital replacement costs and resedimentation
surveys. Annual payments thereafter will be due and payable on said anniversary
date. All payments shall include accrued interest on the unpaid balance at the
rate determined by the Secretary of the Treasury on the basis of the Water Supply
Act of 1958, as amended, for use in the Government fiscal year in which major
capital replacement is initiated, with interest Accruing from the date said
major capital replacement is initiated. The last annual payment shall be
adjusted upward or downward when due to assure repayment of all the incurred
costs within the repayment perioC.
c. Annual operation and maintenance costs.
(1) The city will be required to pay to the Government 26 percent of
the annual experienced operation and maintenance costs of specific water supply
facilities at Aubrey Lake. In additior„ the city shall pay to the Government
7.759 percent of the annual experienced ;oint use operation and maintenance
costs of Aubrey Lake until such time as the storage for future water supply is
first used, As the storage provided for future water supply demands is used,
the share of the annual experienced joint use operation and maintenance costs,
which the city will be required to pay in addition to the operation and mainte-
nance costs of the specific water supply facilities, will be increased
commensurate with the percentage of the total water supply storage being used
5
AUG 1 5 19N
tip to a total of 14.921 percent of 1weer costs. Twelve months prior to the ex- ,
petted date that the Contracting Oshall notify the City that the Project
is complete and operational for thesupply purpose, the Government shall
provide the City an estimate of the first advance payment for operation and
maintenance costs. The first payment for operation and maintenance costs of
present use water supply storage in Aubrey Lake will be due and payable in
advance within 90 days after the Contracting Officer notifies the City that
the Project is completed anJ operational for water supply purposes, will be for
the period beginning on the date the Project is operational for water supply
purposes and ending on 30 September following, and will amount to the sum of
the first payment for specific water supply facilities costs and the first pay-
ment for joint use costs. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on 2 January
following the close of the prior Government fiscal year. Payment by the City
and payment adjustments by the Government shall be in accordance with Exhibit A,
IV, B.
(2) When eac'r, and any portion of the future water supply storage is
placed in use, the first payment of the additional amount of the joint use
operation and maintenance costs required to be paid for such storage use will
be due and payable in advance within 30 days after first use of such storage
and will be for the period beginning on the date of said first use and ending
on 30 September following. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on
2 January following the close of the prior Government fiscal year.
d. Charges for delinquent payments. If the City shall fail to mak') any of
the aforesaid payments when due, then the overdue payments shall bear interest
compounded annually until paid. The interest rate to be used for overdue pay-
ments due under the provisions of Articles 5a, 5b, and 5c above shall be that
determined by the Secretary of the Tredsury on the basis of the Water Supply Act
of 1958, as amended, for use in the Government fiscal year in rhich each period
of delinquency occurs. The amount charged on payments overdue for a period of
leas than one year shall be figured on a monthly basis. For example, if the
payment is made within the first month after being overdue (31 to 60 days after
the anniversary date of the date of notification) one month's interest shall
be charged. This provision shall not be construed as giving the City a choice
of either making payments when due or paying interest, not shall it be construed
as waiving any other rights of the Government, at law or in equity, which might
result from an7 default by the City.
e. Assurance of funds for contract payments. Ilia City warrants that all
payments contracted hereunder shall be secured by a pledge of surplus revenues
of the City'u combined Waterworks and Sanitary Sewer System remaining after
payment of all expenses of operating and maintaining such system and after
providing for payment of all debt service, reserve, or other requirements in
connection with the City's Waterworks and Sanitary Sewer System Revenue Bonds now
outstanding or those hereafter issued on a first lien basis or on such other
basis as may be approved by the Contracting Officer, provided, that in the event
such surplus revenues may become or are insufficient to meet the payments
contracted hereunder, the City shall fix and collect such rates and charges for
services of said combined system as will make possible the prompt payment of
6
all the aforementionf:d requirements including paymento contracted hereunder.
Payments made by the City as Project investment .:oat and as major capital re-
placement costs shall be regarded as capital e:cpaaditu:es.
ARTICLE 6. Corstr,..•tion cost adjustments. Ai construction cost dollar
amounts in this contract, including those in the Exhibits, are tentative only
based on the Government's best estimates. They will be adjusted upward or down-
ward by the Contracting Officer when final constructioa costs become known, and
the contract will be modified to reflect the adjustments. Within two years
after the Project is completed and operational for water supply purposes, the
Contracting Officer shall make a revised interim estimated determination of
construction costs, including interest during construction and taking into
account the actual costa to the extent they are then known. In like manner,
further interim determinations shall be made at two year intervals until all
actual coats are known, at which time the Contracting Officer shall prepare a
final cost determination, including interest during construction. On each
occasion of an interim determination, or on final determination, the annual
payments thereafter due shall be changed so as to provide for the payment of
the balance due in equal payments during the remaining life of the repayment
period; and a revised schedule, or schedules as necessary, of annual payments
shall be furnished to the City.
ARTICLE 7. Duralion of contract. This contract shall be effective when
approved by the Secretary of the Army and shall continue in full force and effect
for the life of Aubrey Lake and Lewisville Lake. Both Aubrey Lake and the addi-
tional storage to be made available in Lewisville Lake have been formulated on
the basis of 100 years economic life.
ARTICLE 8. Permanent rights to storage. Upon completion of payments by
the City as provided in Article 5a herein, the City shall have a permanent
right, under the provisions of the Act of 16 October 1963 (Public Law 88-140,
43 U.S.C. 390e), to the use of the water supply storage spaces in Aubrey Lake
and Lewisville Lake as provided in Article 1, subject to the followings
a. The City shall continue payment of its share, as provided in Article 5c,
of the annual operation and maintenance costs allocated to water supply.
b. The City shall bear 26 percent of the costs allocated to (1) water
supply for Aubrey Lake and (2) Lhe total storage space between elevations 515.0
feet above mean sea level and 522.0 !eet above mean sea level for Lewisville
Lake of any necessary reconstruction, rehabilitation, or replacement of Aubrey
Lake or Lewisville Lake features which may be required to continue satisfactory
operation of Aubrey Lake or Lewisville Lake. Such costs will be established
by the Contracting Officer and repayment arrangements shall be in writing in
accordance with the terms and conditions set forth in Article 5(b) for major
capital replacement costs.
c. Upo.i cumpletioia of payments by the City as provided in Article 5a
herein, the Contracting officer shall redetermine the storage space for munici-
pal and industrial water Supply in Aubrey Lake, taking into account such
equitable reallocation of lake storage capacities among the purposes served
7
by Aubrey lake as may be necessary due to sedimentation. Such findings, and the
storage space allocated.to municipal and industrial water supply, shall be de-
fined and described in an exhibit which will be made u part of this contract.
Following the same principle, such reallocation of 1+9ke storegq ref3cltiss may
be further adjusted from time to time as the result of sedimentation resurvey&
to reflect actual rates of sedimentation and the exhibit revised to show the
revised storage space allocateO to municipal and industrial water supply.
d. The pertinent rights cf the City under this contract shall be continued
so long as the Government continues to operate Aubrey Lake and/or Lewisville
Lake. In the event the Government no longer operates Aubrey Lake or Lewisville
Lake, such rights may be continued subject to the execution of a separate con-
tract, or supplemental agreement, providing for.,
(1) Continued operation by the City of such part of the facility
ds is necessary for utilization of the water supply storage spaces allocated
to it;
(2) Terms wM ch will protect the public interest; and
(3) Effective absolvement of the Government by the City from all
liability in connection with such continued operation.
ARTICLE 9. Release of claims. The City shall hold and save the Government,
including its officers, agents, and employees, harmless from liability of any
nature or kind for or on acco-mt of any claim for damages which may be filed or
asserted as a result of the storages in Aubrey Lake and/or Lewisville Lake, or
withdrawal or release of water from or transfer of water to or fr$um Aubrey Lake
or Lewisville Lake made or ordered by the City, or as a result of the construc-
tion, operation, or maintenance of the features and appurtenances owned snd
operated by the City, provided, that this shall not be construed as obligating
the City to hold and save .he Government harmless from damages or liability
resulting from the sole negligence of the Government or itp officers, agents,
or employees and not involving negligence on the part of the City or its
officers, agents, or employees.
ARTICLE 10. Assignment. The City shall not transfer or assign this con-
tract or any rights acquired hereunder, nor sub-allot said water supply storage
spaces or any part thereof, nor grant any interest, privilege, or license
whatsoever in connection with this contract, without the approval of the
Secretary of the Army, provided, that unless contrary to the public interest,
this restriction shall not be construed to apply to any water that may be
obtained from the water supply storage spaces by the City and furnished to
any third party or parties, nor any method of allocation thereof.
ARTICLE 11. officials not to benefit.' No member of or delegate to Congress,
or Resident Commissioner, shall be admitted to any share or part of this contract
or to any benefit that may arise herefrom, but this provision shall not be con-
strued to extend to this contract if made with a corporation for its general
benefit.
8
ARTICLE 12. Covenant against c211!!RA t fee8. The City warrants that no
person or selling agency has been employed or retained to solicit or secure
this contract upon agreement or understanding for a commission, percentage,
brokerage, or contingent fee excepting bona fide employees or bona fide
a3ta51ished co mercial or selling agencies maintained by the City for the
purpose of securing business. For breach or violation of this warranty, the
Government shall have the right to annul this contract without liability or in
its discretion to add to the contract price or consideration or otherwise re-
cover the full amount of such commission, percentage, brokerage, or contingent
fee.
ARTICLE 13. Environmental Quality. During a•:,y construction, operation,
and maintenance by the City of any facilities, specific actions will be taken to
control environmental pollution which could result from such activity and to
comply with applicable Federal, State, and local laws and regulations concerning
environmental pollution. Particular attention should be given to (1) reduction
of air pollution by control of burning, minimization of dust, containment of
chemical vapors, and control of engine exhaust gases and smoke from temporary
heaters; (2) reduction of water pollution by control of sanitary facilities,
storage of fuels and other contaminants, and control of turbidity and siltation
from erosion; (3) minimization of noise levels; (4) onsite and offsite disposal
of waste and spoil; and (5) prevention of landscape defacement and damage.
ARTICLE 14. Federal and State laws.
a. In actin3 under its rights and obligations hereunder, the City agrees
to comply with all applicable Federal and State laws and regulations, including
but not limited to the provisions of the Davie-Bacon Act (40 U.S.C. 276a et
seq.); the Contract Work Hours and Safety Standards Act u 0 U.S.C. 327-333);
and Title 290 Code of Federal Regulations, Part 3.
h. The City furnishes as part of this contract an assurance (Exhibit C)
that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241,
42 U.S.C. 2000d et seq.) and Department of Defense Directive 5500.11 isoued
pursuant thereto and published in Part 300 of Title 32, Code of Federal
Regulations.
ARTICLE 15. Water consttvation. There is a strong Federal interest in the
efficient use of Federal projects, and this objective may be served by effective
management of the use of water from the system into which a Federal project is
integrated. Therefore, prior to the first use of storage apace indicated in
Article 1(b)(1), the City shall submit to the Contracting Officer for his approval
a management plan which incorporates loss reduction measures and demand
management practices which insure that the available supply is used in an
economically efficient and environmetitally sensitive manner. The plan shall
contain a program for implementation of specific time-phasci v:asures. At not-to-
exceed five-year intervals, the City and the Contracting Oft,cir shall review and
modify the plan as the results of the implew <<tation of measures are made apparent
and as the system supplies and user demands change.
ARTICLE 16. Definitions.
a. Joint use costs. The coats of features used for any two or more
Project purposes.
9
b, Froiect:. iuvestmsnt costs . The initial cost of the Projects including;
land acquisition; construction; interest during constriction on the cost of
land, labor, and materials used for planning and construction of the Project..
C- f+er,ific cclt . T'ac coats of Project features normally serving only
one particular Project purpose.
d~ Interest during construction. An amount of interest which accrues on
expenditures for the establishment of Project services during the period between
the actual outlay and the time the Project is first made available to the City
for water storage.
ARTICLE 17. Approval. This contract is subject to the written approval
of the Secretary of the Army, and it shall not be binding until so approved.
10
I
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written,
APPROVED: THE UNITED STA S OF AmERI
Assistant Palladino
Secretary of the Army (CW) Colonel, CE
Contracting Officer
Date ~ 6 SEP 1986
Date 1~ 1 ~u
CITY OF DEYTON, TEXAS
By
ch rd 0, S swat[
Mayo r
I, Brooks Bolt, certify that I am tt,e City Secrercyhard Ve City of Denton,
Denton Count Texas named as City herein; that SS who signed
this contract on behalf of the City of Denton was At%w a or of the City of
Denton, Texas; that said contract was duly signed for and on behalf of the
City of Denton, Texas by authority of its governing body and is within the
scope of its legal powers.
IN WITNESS WHEREOF, I have hereunto affix ed my hand and the real of said
City of Denton, Texas this S day of 41 A X1980.
-IA01~4 lw4e--
Brooks Holt
Secretary
City of Denton, Texas
CORPORATE SEAL
Rorie+ed for CoTplienee
xlfracurement P I iplee '
and Regulationer
11
saaw
r;
Contract No. DACW63-80-C-0104
AUIR M AND LEWISVILLE LAKES
EXHIBIT A
I - LAKE STORAGES
Aubrey Lake
Gross Percent Percent of
Elevation storage of gross water supply
Feature feet msl) (acre-feet) storage _storage
Flood control 632.5-640.5 265,000 24.892
Water supply below 632.5 7990600 75.108 100.0
(City of Dallas) below 632.5 (591,700) (55.580) (14.0)
(City of Denton) below 632.5 207 900) 19.528) (26.0)
Totals 1,064,600 100.000
Lewisville Lake
Gross Percent Percent cf
Elevation storage (1) of gross water supply
Feature feet ms1 (acre-feet} storage (2)
storage
Flood control 522.0-532.0 3360100 65.427
Water supply 515.0-522.0 171,600 34.573 100.0
(City of Dallas) 515.0-522.0 (131,400) (25,579) (74.0)
(City of Denton) 515.0-522.0 46 2,00) 8.994) (26.0)
Totals 513,700(2) 100.000
(1) 1985 condition. '
(2) Between elevations 515.0 and 532.0 feet msl.
II - PROJECT ESTIMATED CONSTRUCTION INVESTMENT TO BE ALLOCATED
Federal construction cost $211,234,000
Nonreimbursable costs (unallocable) (1) 9,826,000
Project cost to be allocated $201,408,000
Interest during construction on allocable cost (2) 23,991,800
Project construction investment to be allocated $2259399,800
it 4
(1) Relocation of roads above replacement-in-kind standards.
(2) Interest rate for Federal share of recreation - 3.25%.
Interest rate for water supply and non-Federal share of recreation -
7.210%.
A-1
r,
III - ALLOCATION OF ESTIMATED CONSTRUCTION INVESTMENT 0 1980
(Separable costs - remaining benefits method)
Water
supply Recreation TOL;Ila
1. Specific facilities cost $ 218,000 $230566,000 $ 23,7840000
Aubrey Lake (218,000) (19,985,000) (20;20l,J00)
Lewisville Lake (0) (3,5819000) (3,581,000)
2. Joint use facilities coat 12506290000 51,995,000 177,624,000
Aubrey Lake (124,4139200) (5194919800) (175,905,000)
Lewisville Lake (1,215,800) _ (503,200) .,1,719 0_00)
Subtotals - cost $125,8479000 $75,5610000 $201,408,000
3. Interest during
construction 18,1479100 5,844,700 23,993.,800
Aubrey Lake (17,9719860) (5,437,400) (23,4051,200)
Lewisville Lake _ (175,300) (407,300) (582.600
4. Total allocation-
investment $143,994,100 $ 81,405,700 $225,399,800
Aubrey Lake (142,603,000) (769914,200) (2199517,200)
Lewisville Lake (1,391,100) (4,491,500) (50882,600)
(1, Interest rate for water supply - 7.210% (fiscal year 1980). Interest rate
for reimbursement for water supply storage will be set as of the beginning
of the Government fiscal year in which construction of the Project is started.
(2) Investment cost to be repaid by: Lewisville Lake Aubrey Lake Totals
City of Dallas - 74% $1,029,400 $105,526,300 $1069555,700
Present water supply (190299400) (549873,700) (5599039100)
Future water supply (0) (50,6521600) (50,652,600)
City of Denton - 26% 361,700 37,076,700 37,4389400
Present water supply (3619700) (1992799900) (19,641,600)
Future water supply (0) (17,796,800) _(17,796,800)
Totals $1,391,100 $142,6039000 $143,994,100
IV - ALLOCATION OF ESTIMATED OPERATION AND MAINTENANCE COSTS
A-ibrev Lake
A. Allocation of estimated total annual costs: I
Water
supply Recreation Total
1. Specific cost $ 70,400 $642,000 $712,400
2. Distribution of joint use
cost (percent) 57.39 42.61 100.00
3. Allocated joint use cost 102,100 75,800 177,900
4. Total allocation $172,500 $717,800 $890,300
To be paid by the City of Denton:
262 of specific cost for water supply facilities 18 300
Aubrey Lake point use cost:
Present use w/s storage (0.52 x 0.26 x 0.5739 x $177,900) 139800
Future use w/o storage (0.48 x 0.26 x 0.5739 x $177,900) 12,700
Total $ 449800
A-2
B. Annual payment adjustment:
Payment for the City of Denton's share of the annual operation and
maintenance costs nll.ocited to water oupply ?terse for c..ch Gaverr..,.ant
fiscal year will be made by the City in advance on 2 January following
close of the prior Government fiscal year. For present use water
supply storage, the first payment for such costs will be estimated
based on the Contracting Officer's annual estimates therefor, prorated
as necessary for a partial year of Project operation. Each annual
payment thereafter will include (1) an advance payment for the current
fiscal year, estimated based on the actual operation and maintenance
costs incurred for the preceding fiscal year (except as noted for
particular conditions), and (2) an amount (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year. For future use water
supply storage, all advance payments will be estimated based on the
actual operation and m.iintenance costs incurred for the preceding fiscal
year (except as noted for particular conditions). The first advance
payment will be prorated as necessary for a partial year of storage use;
and each annual payment thereafter will include an advance payment for
the current fiscal year and an amount (plus or minus) to adjust the
estimated adva^ce payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year.
A-3
V - ALLOCATION OF ESTIMATED KUOR CAPITAL REPLACEMENTS
COSTS AND SEDIMENTATION RESURVEYS COSTS
A. Ma or ca ital replacements coat: (1)
Aubrey Lake
Water
supply Recreation Total
1. Specific cost $219900 x.03,000 $154,900
2. Distribution of joint use cost (percent) 50.00 50.00 100.00
3. Allocated joint use cost 7.100 7,100 14.200
4. Total allocation $290000 $140,100 $169,100
To be paid by the City of Denton:
26% of specific cost for water supply facilities 5,700
Aubrey Lake joint use cost:
Present use w/s storage (0.52 x 0.26 x (.5000 x $14,200) 1,000
Future use w/s storage (0.48 x 0.26 x 0.5000 x $14,200) (2) __900
Total $ 7,600
(1) Estimates of average annual charges are used for determination of
allocated percentages. All charges will be based on the indicated per-
centages'Oof actual costs if and when they are incurred.
(2) Additional amounts of joint use cost required to be paid as future water
supply storage is used will be computed as follows:
Percent of future w/s
storage placed in use x 0.48 x 0.13000 x actual joint use coat
B. Sedimentation resurveya coats:
Aubrey i,ake
Sedimentation resurveys u:-.ts allocated to water supply and to be paid by
the City of Denton in accordance with Article 5c(3) are based on the
percentage of the gross storage in Aubrey Lake represented by the storage
right of the City - see section I of this Exhibit A.
Present use water supply storage - 0.52 x 19.523% a 10.155%
Percent of future w/s
Future use water supply storage . sto_ rage laced In use x 9.373%
A-4
VI - COMPUTATIONS FOR ANNUAL PAYMENTS FOR INTER-,T AND AMORTIZATION
Present use water supply storage:
Am lwu t «o lip awr*_ized:
Lewisville Lake $ 11391,100 x 0.26 $ 3619700
Aubrey Lake $142,603,000 x 0.26 x 0.52 19,279,900
Total $19,641,600
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rato of 7.210 percent.
P - (A - P)(i + c) Where: P - annual payment
P - (A - P)(.07456024].9P) A - amount to be repaid ■ $19,641,600
P - .0745602419A - 0.0745602419P i - interest rate - 7.210%
1.0745602419P ■ 0.0745692419A (i+c) - interest rate plus amortization
P -_.0745602419($19 641 600 coefficient for 49 years - 0.0745602419
1.074560241()
P - $1,362,866.77
1
1
A-5
EXHIBIT B •
PMT. PAYMENT TO PAYMENT TO TOTAL BALANCE
NO, INTEREST PRINCIPAL PAYMENT DUE
1 ' 19641600,00
0000 1362866,77 1362866,77 18278733,23
2 1317896,67 44970.10 162866,77 18333763:1
3 1314654.32 43212.45 1362866.77 18185550068
4 1311178.20 51688,57 1362866.77 18133862,11
5 1307451.46 55415.31 1362866.77 18078446680
6 1303456.01 59410,76 1362866,77 18019036,04
7 1299172,50 63694.27 1362866.77 17955341,77
8 1294580.14 68286.63 1362866,77 17887055.14
9 1289656,68 73210.09 1362866.77 17813845.05
10 1284378,23 78488.54 1362866.77 17735356,51
11 1278719,20 84147.57 1362866.77 17651208,94
12 1272652,16 90214.61 1362866677 17560994,33
13 1266147,69 96719,08 1362866,77 17464275.25
13 1259174,25 103692.52 1362866,77 17360582.73
15 1251698,01 111168,76 1362866,77 17249413.97
16 1243682,75 119184,02 1362866.77 17130229,95
17 1235089,58 127777.19 1362866,77 17002452,76
18 1225876,84 136989,93 1362866,77 16865462,83
19 1215999.87 146866.90 1362866.77 16718595,93
20 1205410.77 157456,00 1362866.77 16561139,93
21 1194058.19 168808,58 1362866,77 16392331,35
22 1181887.09 180979.68 1362866.17 16211351.67
23 1168838.^,6 194028.31 1362866,77 16017323,36
24 1154849,01 208017.76 1362866,77 15809305,60
25 1139850,93 223015.84 1362866.77 15386289.76
26 1123771.49 239095,28 1362866.77 15347194.48
27 1106532.72 256334,05 1362866.77 15090860,43
28 1088051,04 274815,73 1362866.77 14816044,70
29 1068236.82 294629,95 1362866.77 14521414.75
30 104-4994,00 315872,77 1362866,77 14205541.98
31 1024219,58 338647,19 1362866,77 13866894,79
32 999803,11 363063,66 1362866.77 13503831,13
33 973626,22 389240.55 1362866,77 13114590.58
34 945561,98 417304,79 1362866,77 12697285.79
35 915474,31 447392,46 1362866,77 12249893.33
36 883217.31 479649,46 1362866,77 11770243,87
37 848634,58 514232,19 1362866,77 11256011.68
38 811558.44 551308,33 1362866,77 10704703635
39 771809.11 591057,66 1362866,77 10113645,69
40 729193.85 633672.92 1362866.77 9479972,77
41 683506.04 679360,73 1362866.77 8800612,04
42 634524.13 728342.64 1362866.77 8072269,40
43 582010,62 780856.15 1362866,77 7291413.25
44 525710,90 837155,97 1362866,77 6454257,38
45 465351,96 897514.81 1362866,77 5556742.57
46 400641,14 962225,63 1362866.77 4594516.94
47 331264,67 1031602,10 1362866.77 3562914,84
48 256886,16 1105980,61 1362866.77 2456934423
49 177144,96 1185721.81 1362866,77 1271712.42
50 91654,42 1271212,42 1362866,84 0600
B-1
Contract No. DACW63-80-C-0104
AUBM AND LEWISVILLE LAKES
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, Texas (hereinafter called "Applicant-
Recipient") HEREBY AGREES THAT it will comply with title VI of the Civil
Rights Act of 1964 (Public Law 88-352) and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CFR Part 300,
issued as Department of Defense Directive 5500.11, December 28, 1964)
issued pursuant to that title, to the er.d that, in accordance with title VI
of that Act and the Directive, no persoa in the United States shall, on
the ground of race, color, or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant-Recipient by
the U. S. Army Corps of Engineers, assurance shall obligate the Applicant-
Recipient, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a
purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If any
personal property is so provided, this assurance shall obligate the
Applicant-Recipient for the period during which it retains ownership or
possession of the property. In all other cases, this assurance shall
obligate the Applicant-Recipient for the period during which the Federal
financial assistance is extended to it by the U. S. Army Corps of Engineers.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts, property, discounts,
or other Federal financial assistance extende4.. after the date hereof to the
Applicant-Recipient by the Department, including installment payments after
such date on account of arrangements for Federal financial assistance which
were approved before such date.
The Applicant-Recipient recognizes and agrees that such Federal assistance
will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
C-1
Judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assignees; and the
person or persons whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
Dated By
ch d 0. S art
Mayo
ATTEST:
01
Oka Holt
Secretary
City of Denton, Texas
C-2
Contract No. DACW63-80--C-0104
AITPRrY AND LEWI$yII LT LIKES
EXHIBIT D
OPINION OF COUNSEL
I have reviewed and approved contract number DACW63-80-C-OIU4 between
the United States of America and the City of Denton, Texas.
Particularly I have considered the effect of Section 221 of Public Law 91-611
(42 U.S.C. 1962d-5b) and am of the opinion that the City of Denton, Texas
,has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute.
Dated_ ~ sT/Qgl,
C. J, aylor
City Attorney
City of Denton, Texas
w
D-1
Ere
P
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TMPA STATUS REPORT
August 5. 1980
I recently returned from a series of informational presentations around
the country for the sale of $250 million in TMPA Revenue Bonds. As we traveled
around the country, I was impressed with the overwhelming positive response to
the TMPA project and the confidence in Agency management. One reflection of
this confidence is the first time purchase of a large block of bonds by State
Farm Insurance, a company which normally does not purchase bonds from
development stage enterprises such as TMPA. Although the 9 1/8X average
interest rate to the Agency was not as low as we had hoped, it does appear to be
the lowest price transaction and we are pleased with it. We studied various
alternatives including postponing the sale, reducing the size of the sale, use
of bond anticipation notes, interim bonds and other short term borrowing. The
Agency couldn't play games with the future markets. The decision to proceed was
reinforced by financial advisors at First Southwest Company, and the five
co-managers of this issue. We feel that our timing was good if THPA had been
trying to price the bonds even tvo days latar, the pricing would have been
9 1/2x because of the rapidly changing market. With this latest financing, we
still have an excellent overall average interest rate of 7,51%.
1
I've seen TMPA weather many growing pains and legal challenges since its
inception in 1975, but today we see a growing confidence in the Agency and its
projects. The 1975 decision to build the lignite-fired electrical station in
Grires County has proven to be a very accurate assessment of our future needs.
Owning our own source of lignite gives us substantial protection agalast out of
control costa due to increasing freight rates associated with transporting coal
as well as increasing costs of oil and gas, and allows us to comply with the
Powerplant and Industrial Fuel Act which will eventually phase out the use of
natural gas. The Economic Regulatory Agency of the Department of Energy has
been tasked with eliminating the use of natural gas by the year 2000. Ttis will.
be achieved through a series of curtailments from 1990-1995 we will be
allowed to use only 20 percent of the natural gas we used in 1976, and in thg
1995-2000 time period, that consumption must be reduced an adaitional 20
percent. Our combl.nation of lignite and nuclear, supplemented by gas-fired
units for peaking, provides us with a realistic fuel mix to carry us through the
coming years.
During the past year, many significant events have taken ploce which have
brought us,closer to achieving our goal of providing reliable power at the
lowest possible cost. The Gibbons Creik Steam Electric Station near Bryan is
now approximately 36 percent complete and we have acquired over 81 percent of
the lignite required. Based upon data supplied by t,ie Paul Weir Study, our
ownership and lease records show that we own clear title to over 70 million tons
of lignite down to 140 feet of overburden. Presuming that our lignite is of a
similar value as the Texas lignite currently priced at approximately $20 a ton,
this would result in the Agency having an asset of $1.4 billion. The latest
Official Statement for the Agency indicates that the total expenditures
including financing to put the Agency into operation are $1.08 billion - so you
can see that TMPA is in a very positive financial position.
Comanche Peak Steam Electric Station was 70 percent complete at the end of
the second quarter with Unit One being 80 percent complete and Unit Two 45
percent complete. According to the Agency Official Statement, the estimated
total financing is $207,400,000 with an estimated completion of Unit One in 1982
and Unit Two in 1984.
One major Agency accomplishment in the past year was becoming a member of
the Texas Interconnected System a transmission interconnection agreement
between the Agency and Houston Lighting and Power has been executed which
provides for the Agency's initial 345 kV tie into the TIS grid. We feel that
this is a major accomplishment for the Agency because the agreement implies
acceptance by a major utility in Texas and puts the Gibbons Creek switchyard as
a major exchange point in the TIS. The agreement gives the Member Cities a
reliability of service and a backup agreement in times of emergent; and allows a
source of power in the Gibbons Creek Lignite Mine area to begin dragline
operation before the mine is in service. The major implication of this
agreement is that the Agency has reduced ite future financing requirements by
approximately $200 million by eliminating the need for five transmission
facilities. The 1979 Official Statement estimate for total financing require-
ments for authorizied projects was $1.2 billion as compared with the reduced
amount of $1.08 billion in the 1980 Official Statement.
In other areas of savings, Member Cities have saved mm-, than $441,596 by
participating in an Economic Dispatch program from October . ast year to May
1980 and Denton has saved $167,231 of this total. Economic Dispatch is a
voluntary program of power exchange between the four Member Cities to allow
usage of the most efficient generating units. TMPA plans to use a full Economic
Dic;atch system to allow for full-time monitoring of base-load and backup unit
operation acrd power output levels to determine the most advantageous mix of
plant and fuel utilization on an hourly basis,
At our June meeting of the Agency Board of Directors, we approved a
resolution authorizing that feasibility studies be made in connection with
development of a future generating source. Approval of this resolution allows
the Agency to conduct engineering, fuel supply and financial studies to
determine the future electrical requirerente of the' Member Cities. We're
expecting to have the results of the study by January 1981. Included in the
study will be an analysis of the development of a Second Unit at the Gibbons
Creek Steam Electric Station. I expect the MA Board to take action on this
project during the first quarter of 1981. As you know, Denton would be required
to hold a referendum in April in order to authorize participation in tho
project. Agency management has indicated that Board action will be taken within
a time frame which will allow us ample opportunity for our referendum. We all
want what is beat for the City of Denton - the most reliable power at the
lowest possible cost.
-2-
When the Texas Municipal Power Ag^ncy was created in 1975, we were faced
with almost insurmountable challenges. Over the past few years we have watched
the Agency mature the Gibbons Creek Steam Electric Station has grown from a
blueprint to a well integrated, complex construction project that is over one
third complete. The Gilbert Power Supply Study has independently determined
that participation in Gibbons Creek Unit One is the most economical route for
the City of Denton to follow. in 1990, we will be permitted to use only 20
percent of the natural gas that the City of Denton used in 1976; in 1995, we'll
have to cut that back by an additional 20 percent. By the year 2000 we will no
longer be able to rely on gas we need to set the foundation for our energy
needs today by evaluating our choices with an open mind. Study results on the
development of future generating sources for Bryan, Denton, Garland, and
Greenville will be completed in January. We'll have the opportunity to vote on
participation in Unit Two in an April referendum.
Between now and then, 1 would personally like to invite each of you to take
an active interest in TMPA and attend our monthly Board meetings and ask
questions. The Agency management welcomes your input and would like to work
with you to assure tht most reliable power at the lowest possible cost for
Denton and the Member Citer of TNPA,
B111 Nash
-3-
9
ORDINANCE NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT
TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR
PARCEL OF LAND CONSISTING OF APPROXIMATELY 6.229 ACRES OF LAND
LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF
TEXAS AND BEING IN THE 0. S. BREWSTER SURVEY, ABSTRACT NO. 56,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A"
DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton, Texas,
on the petition of Joe Belew; and
WHEREAS, an opportunity was afforded, at a public hearing held
for that purpose on June 3, 1980 for all interested persons to
state their views and present evidence bearing upon the annexation
provided by this ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Texas,
prior to its effective date, and after the public hearings;
NOW, THEREFORE, THE. COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I.
That the hereinafter described tract of land be, and the same
is hereby annexed to the City of Denton, Texas, and the same is
made hereby a part of said City and the land and the present and
future inhabitants thereof shall be entitled to all the rights and
privileges of other citizens of said City and shall be bound by
the acts and ordinances of said City now in effect or which may
hereafter be enacted and the property situated therein shall be
subject to and shall bear its prorate part of the taxes levied by
the City. The tract of land hereby annexed is described as
follows, to-wit:
All that certain tract or parcel of land situated in the 0. S.
Brewster Survey, Abstract No. 56, Denton County, Texas, being a
part of a certain (called) 61.770 acre tract deeded by M. L.
Godwin, Trustee to James F. Mason, Trustee on the 16th day of
July, 1974 recorded in Volume 725 Page 365, Deed Records of said
County and being more fully descried as follows:
COMMENCING at the northwes* corner of said 61,770 acre tract;
THEN= south 880 15' 30" east a distance of 716.00 feet to a
fence corner post;
Z-1437 ANNEXATION - JOB BELEM
THENCE south 890 49' 00" east a distance of 135.58 feet to
the point of beginning;
THENCE south 890 49' 00" east rlong the north boundary line
of said 61,770 acre tract a distance of 936.72 feet;
THENCE south 220 01' 02" west a distance of 334.23 feet;
THENCE north 890 49' 00" west a distance of 812.42 feet;
THENCE north 000 11' OD" east a distance of 31.25 feet to
the point of beginning and containing 6.229 acres of land.
SECTION Ii.
The above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
zoning map of the City of Denton, Texas, which map is hereby
amended accordingly.
SECTION III.
This ordinance shall be effective immediately upon its
passage.
PASSED AND APPROVED this the 5 j., day of
A. D. 1980.
/RI~HARD 0( STEWART, MAYOR
CI Y OF DENTON, TEXAS
ATTEST:
i AAY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY fO1F~DJENTON, TEXAS
BY., Z-1437 ANNEXATION - JOE EELEW - PAGE TWO
~04
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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,
J.D. Brown and wife Lillian L. Brown, agree that a consideration
of $111,000.00, is a fair and agreed value of such described
property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT;
1. The City Attorney is hereby authorized to prepare whatever
legal documents are necessary to complete the transfer of property
so described below from the owner thereof to the State of Texas:
Being 22,506 acres of land, more or less, of which 0.311 of an acre
is located in a Public Road (Kings Row) out of and a part of a
certain 200 acre tract of land in the James Coltart Survey, Abstract
No. 288 and Daniel D. Culp Survey, Abstract No. 287 in Denton County
Texas, said 200 acre tract was conveyed to J.D. Brown by instruments
recorded as follows: Volume 122, Page 476 and Volume 137, Page 613
of Probate Records of Denton County, Texas, and Volume 749, Page 812
and Volume 812, Page 597 of the Deed Records of Denton County, Texas;
said 22.506 acres of land, more or less, being more particularly
descibed by metes and bounds as follows:
BEGINNING at the northwest corner of said 200 acre tract of land,
said point being in the west boundary line of James Coltart Survey,
Abstract No. 288, and bearing south 02°30'40" West a distance of
1998.11 feet from the northwest corner of 144.206 acre tract conveyed
to Charles A. Reed, et al, by deed recorded in Volume 825, Page 183,
Deed Re_ords of Denton County, Texas;
THENCE south 88°08'35" east for a distance of 119.66 feet to a point
in the proposed northerl; right of way line of Loop 288;
THENCE south 51°28'47" east along the said proposed right of way
line for a distance of 99.14 feet to a point;
THENCE south 57°11'25" east for a distance of 600.00 feet to a point;
THENCE south 57°34'53" oast for a distance of 460.20 feet to a point;
THENCE south 50°05'32" east for a distance of 564.13 feet to a point;
THENCE south 48°46'17" east for a distance of 799.37 feet to a point;
THENCE 47°20'16" east for a distance of 500.00 feet to a point;
THENCE south 42'34'27" east for a distance of 602.08 feet to a point,
THENCE south 47'20117" east for a distance of 165.25 feet to a point
in the east boundary line of bald 200 acre tract;
THENCE south 03°14'58" west along the east boundary line of said 200
acre tract for a distance of 39.01 feet to a point in the bend of
Kings Row Road;
i
THENCE north 87°35'21" west with the centerline of said road for a
distance of 378.65 feet to a point;
THENCE north 02°24'39" east for a distance of 32.50 feet to a point
in the proposed southerly right of way line of Loop 288;
THENCE north 47°20'16" west along the said proposed right of way
line for a distance of 680.01 feet to a point;
THENCE north 50°12'01" west for a distance of 200.25 feet to a point;
THENCE north 44°28`32" west for a distance of 801.00 feet to a point;
THENCE north 47°20'16" for a distance of 99.12 feet to a point on a
curve of radius 5619.58 feet bearing south 42°39'44" west to the
radius point;
THENCE along said curve to the left a distance of 966.33 feet to a
point of bearing south 32°48'35" west to the radius point;
THENCE north 59°03'26" west along the said proposed southerly right
of way line for a distance of 707.08 feet to a point in the west
boundary line of said 200 acre tract, said point also keing8in the
west boundary line of James Coltart Survey, Abstract No, 28 ,
THENCE north 04°19'23" east with the said common boundary line for
a distance of 228.98 feet to the place of beginning.
2. The City of Denton is hereby further authorized to pay
J,D, Brown and wife, Lillian L. Brown as owner of said described
property, consideration in the amount of $111,000.00, purchase
price, plus necessary and reasonable recording fees.
3. This Resolution shall take effect immediately from and
after its passage and approval in accordance with the provisions
of the Denton City Charter.
PASSED AND APPROVED this the day of ,
1980 r
.
WIC7RD S W , Y R
CIT OF D NTON, TEXAS
ATTEST:
INWKS , T SECRETARY
CITY OF DENTON, TEXAS
I APPROVED AS TO LEGAL FORM:
III C.J. TAYLOR, JR. CITY ATTORNEY
CITY OF DENTON, TE
BY'.
C,~•T "T
~yvw' r'
f~ki rrt
s
CITY OF DENTON, TEXAS
MAYOR AND COUNCIL COMMUNICATION
DATE SUBJECT
Real Property Acquisition
It is recommended that the City Council authorize the purchase
of real property (as described below) for the purpose of
constructing essential public improvements.
NAMF, OF PROJECT: Loop 288
TYPE OF
ACQUISITION: General Warranty Deed
DESCRIPTION OF
LAND/LOCATION: Northeast corner of proposed Loop 288 and
Kings Row
SQUARE FEET: 22.195 acres
OWNER(S): J.D. Brown and wife, Lillian L. Brown
Negotiations have taken place with the owners and owners have
accepted the appraisal of the fair market value, as provided by
the State Department of Highway and Public Transportation, for
an amount of $111,000,00 ,
The City of Denton is required to pay recording fees and the
State of Texas will pay the remainder of the closing costs.
ACTION NEEDED: Approve Resolution purchasing the above
described property after reconvening into
open session,
I
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RIGHT OF WAY NEGOTIATOR
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R E S O L U T I O N
WHEREAS, the City of Denton finds it necessary to purchase
a certain tract of lard 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, Karl
F. Young, agree that a consideration of $1,500.00, is a fair
tnd 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
City of Denton:
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 M. Austin Survey, Abstract No. 4, and also being
part of a tract of land as conveyed from North Dallas Bank and
Trust to Karl F. Young by Deed of Trust dated 6-8-78 and recorded
in Volume 484, Page 484 of the Deed of Trust Records of Denton
County, Texas, and more particularly described as follows:
COMMENCING at the Southeast corner of said tract, said point lying
in the west right-cf-way lane of Loop 288;
THENCE north 87°04'20" west along the south )oundary line of said
tract a distance of 157.7 feet to the point of beginning;
THENCE continuing north 87°04'20" west along the south boundary
line of said tract a distance of 70 feet to a point for a corner;
THENCE north 1'28' east a distance of 296.0 feet to a point;
THENCE north 1'34'10" east a distance of 429.15 feet to a point
for a corner in the north boundary line of said tract;
THENCE south 87'06'30" east along said north boundary line a
distance of 70 feet to a point for a corner;
THENCE south 1'34'10" west a distance of 427.5 feet to a point;
THENCE south 1'28' west a distance of 297.7 feet to the place of
beginning and containing 50,747.72 square feet of land more or less.
2, The City of Denton is hereby further authorized to pay
Karl F. Young as owner of said described property, consideration in
the amount of $1,500.00, 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.
CI Y OF ENTON, TEXAS
ATT T:
0 S H L , CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TC LEGAL FORM:
C.J. TAYLOR, H., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
2
CITY OF DENTON, TEXAS
MAYOR AND COUNCIL COMMUNICATION
DATE SUBJECT
Utility Easement
It is recommended that the City Council authorize the purchase
of a utility easement (as described below) for the purpose of
constructing essential public improvements.
NAME OF PROJECT: 138KV Transmission Electric Line R,O.W.
TYPE. OF
ACQUISITION: Utility Easement
DESCRIPTION OF
LAND/LOCATION: M. Austin Survey A-4
SQUARE FEET: 7251.8 (50,747.72 total)
OWNER(S): Karl F. Young
The sum of $1,500.00 has been arrived at, through negotiation
with Mr. Young and myself. This price is a reasonable sum
considering the locating and value of the land. The Utility
Department has agreed to pay this amount subject to city
council approval.
ACTIOII NEEDED: Approve Resolution purchasing the above described
property after reconvening into open session.
Ito Wilkinson
I
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N0. d -51
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS APPROX-
IMATELY 8.722 ACRES OF LAND, MORE OR LESS, OUT OF THE 0. S.
BREWSTER SURVEY, ABSTRACT NO. 569 AS SHOWN THIS DATE ON THE
OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted
January 14, 1969, as an Appendix to the Code of Ordinances of
the City of Denton, Texas, under the provisions of Ordinance
No. 69-1, be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed
from the Agricultural "A" District as shown on"said Zoning Map,
and all provisions of Ordinance No.. 69-1 adopted the 14th day
of January, 1969, as amended, shall hereafter apply to said
property -as Light Industrial "LI" District in the same manner
as other property located in the Light Industrial "LI" District
and more particularly described as follows:
All that certain tract or parcel of land situated in the 0. S.
Brewster Survey, Abstract No. S6, Denton County, Texas, being a .
part of a certain (called) 61.770 acre tract deeded by M. L.
Godwin, Trustee to James F. Mason, Trustee on the 16th day of
July, 1974 recorded in Volume 725, Page 365, Deed Records of
said County and being more fully described as follows:
COMMENCING at the northwest corner of said 61.770 acre tract;
THENCE south 880 15' 30" east a distance of 716.00 feet to a
fence corner post;
•
THENCE south 890 49' 00" east a distance of 13S.S8 feet to
the point of beginning;
THENCE south 890 49' 00" east along the north boundary line
`
of said 61.770 acre tract a distance of 936.72 feet;
THENCE south 220 01' 02" west a distance of 334.23 feet;
THENCE north 890 49' 00" west a distance of 812.42 feet;
THENCE north 000 11' 00" east a distance of 310.25 -feet to
the point of beginning and containing 6.229 acres,ofjand.
All that certain tract or parcel of land situated in the,0. S.
Brewster Survey, Abstract No. 56, Denton County, Texps,',being a
part of a certain (called) 61.770 acre tract deeded by -M. L.
Godwin, Trustee to James F. Mason, Trustee on the 16th day of
July, 1974 recorded in Volume 725, Page 365, Deed Records of
said County and being more fully described as follows:
BEGINNING at thn northeast corner of said 61.770 acre tract in
the northwest right of way of Interstate Highway 35W;
THENCE south 220 O1' 02" west along the west right of way of
Interstate Highway 35W a distance of 334.23 feet to an iron pin;
Z-1437-JOB BNLEW-PAGE ONE ,r►
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THENCE north 890 49' 0011 west a distance of 350.00 feet;
THENCE north 220 01' 0011 east a distance of 334.23 feet to
the north boundary line of said 61.770 acre tract;
THENCE south 890 49' 00" east along the north boundary line
of said 61.770 acre tract a distance of 350.00 feet to the
point of beginning and containing 2.493 acres of land.
SECTION II.
That the City Council of the City of Denton, Texas, hereby
finds that such Light Industrial I'LI" District is in accordance
with a comprehensive plan for the purpose of promoting the
general welfare of the City of Denton, Texas, and with
reasonable consideration, among other things, for the character
of the land and for its peculiar suitability or peculiar uses
and with a view to considerving the value of the homes and
buildings in the vicinity; protecting human lives, and
encouraging the most appropriate uses of land for the maximum
benefit to the City of Denton and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the Cit Council of the City of Denton, Texas,
after giving due notice.thereof.
PASSED AND APPROVED this the ay of 40±-~1980.
i
*CIYF MNTON9 TEXAS
ATTEST:
89'JQtY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
M
Z-1437-JOB BELEN-PAGH TWO
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NO. Qo -58
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THi', CODE OF ORNDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIES TO LOT 26, BLOCK NO. 231 AS SHOWN THIS DATE ON THE OFFICIAL
TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED
THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 69-1,
be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed from
the Office "0" District as shown on said Zoning Map, and all provisions
of Ordinance No. 69-1, adopted the 14th day of January, 1969, as
amended, shall hereafter apply to said property as Commercial "C"
District in the same manner as other property located in the
Commercial "C" District and more particularly described as follows:
All that certain lot tract or parcel of land situated in the City and
County of Denton, Texas located on the North side of Dallas Drive and
West of Cook Street, beginning immediately North of Simmons Street,
and more particulary described as Lot 26, Block No. 231.
SECTION II.
That the City Council of the City of Denton, Texas hereby finds
taht such change is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the gity of Denton, Texas,
and with reasonable consideration, among other things for the
character of the district and for its peculiar suitability or
particular uses, and with a view to conserving the value of the build-
ings, protecting human lives, and encouraging the most appropz•iate
uess of land for the maximum benefit to the City of Denton, Texas, and
its citizens.
SECTION III.
That this ordinance shall be in full force and effect immediately
sfter its passage and approval, the required public hearings having
heretofore been held by the Planning and Zoning Commission and the
City Council of the City of Denton, Texas, after giving due notice
thereof.
PASSED AND APPROVED this the J ~ day of rx_ ,
A.D. 1980.
~eLJ479;:;7
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CI 11Y OFD TON, TEXAS
ATTEST:
/ 014
MKOOKS
HOLT, CITY SECRETARY
ITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C.J. TAYLOR,JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY,
Z-1454 - E.W. BELCHER
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No. 80'Sq
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAiD MAP APPLIES TO CERTAIN PROPERTY KNOWN AS A PART OF
LOTS 12 AND 13, BLOCK B OUT OF THE PAUL HAMILTON ADDITION, AS
SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON,
TEXAS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted
January 14, 1969, as an Appendix to the Code of Orainances of
the City of Denton, Texas, under the provisions of Ordinance
No. 69-1, be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed
from the Single-Family "S-7" District as shown on said Zoning
Map, and all provisions of Ordinance No. 69-1 adopted,the 14th
day of January, 1969, as amended, shall hereafter apply to said
property as Ge.ieral Retail "GR" District in the same manner es
other property located in the General Retail "GR" District and
more particularly described as follows:
All that certain tract or parcel of land lying, and being
situated in the A. Hill Survey, Abstract No. 6239 Derton
County, Texas, being a part of Lots 12 and 13, Block B of Paul
Hamilton Addition as shown by the Plat recorded in Volume 346,
Page 401, Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING at a found iron pipe on the east boundary line of
Cleveland Street at the southwest corner of Lot 12, Block B of
said Hamilton Addition;
THENCE north 10 40, 40" east with the east boundary line of
Cleveland Street 74.5 feet to a steel pin;
THENCE south 880 40' 50" east 116.0 feet to a steel pin;
THENCE south 10 35 29" west 72.65 feet to a steel pin at the
southeast corner of Lot 13, Black B;
THENCE north 890 35' 27" west 116.14 to the place of
beginning and containing in all 8,538 square feet of land, more
or less.
SECTION 11.
That the City Council of the City of Denton, Texas, hereby
finds that such General Retail "GR" District is in accordance
with a comprehensive plan for the purpose of promoting the
general welfare of the City of Denton, Texas and with
reasonable consideration, among other things, for the character
of the land and for its peculiar suitability or peculiar uses
and with a view to considerving the value of the homes and
buildings in the vicinity; protecting human lives, and
encouraging the most appropriate uses of land for the maximum
benefit to the City of Denton and its citizens.
Z-1455-CHARLES P. MULKBY-PAGE ONE
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of , 1980.
r
OR I CI Y OF D NTON, TEXAS
AT;WA0KS4HOHT'e, CITY "SECRETARY
CITY OF DENTON, TEXAS
It
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Z-145S-CHARLES P. MULKEY-PAGE TWO
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NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS AEOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES
TO APPROXIMATELY 56,018.19 SQUARE FEET OF LAND, MORE OR LESS. AS
SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DirNION, TEXAS,
AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 69-1,
be, and the some is hereby amended as follows:
All the hereinafter described property is hereby removed from
the Two-Family "2F" District as shown on said Zoning Map, and all
provisions of Ordinance No. 69-1, adopted the 14th day of January,
1969, as amended, shall hereafter apply to said property as General
Retail "GR" District in the same manner as other property located
in the General Retail "GR" District and more particularly described
as follows:
All that certain lot tract or parcel of land situated in the City
and County of Denton, Texas and being part of the J. McGowan Survey,
Abstract No. 797, and also being part of a tract of land as conveyed
from James Francis Burnes, Estate to Dunning Development Co. Limited
by Warranty Deed dated June 16, 1980 and recorded in Volume 1021,
Page 131 of the Deed Records of Denton County, Texas, and more parti-
cularly described as follows:
BEGINNING at the southeast corner of said tract, said point lying
south 0°08'50" east 184.93 feet from the south right-of-way line of
Interstate Highway 35-E;
THENCE north 89°41'36" west along the south boundary line of said
tract, a distance of 1053.23 feet to the southwest corner of said
tract;
THENCE north 0°18'37" west along the west boundary line of said 5
tract, a distance of 446.39 feet to the southerly northwest corner
of said tract;
THENCE south 88°44'37" east along the southerly north boundary of
said tract, a distance of 75.25 feet to a point for a corner, same
being an inner ell corner of said tract;
THENCE south 1°26'54" east a distance of 437.91 feet to a point for
a corner ;
THENCE north 88°40'50" east a distance of 964.5 feet to a point for
a corner in the east boundary line of said tract;
THENCE south 0°08'50" east elong the east boundary line of said tract
a distance of 34.93 feet to the place of beginning and containing
56,018.19 square feet of land more or less.
SECTION II.
That the City Council of the City o.` Denton, Texas hereby finds
that such change is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City of Denton, Texas,
and with reasonable consigeration among other things for the character
Z-1456 - H,S. MILLER
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of the district and for its peculiar suitability or particular uses,
and with a view to conserving the value of the buildings, protecting
human lives, and encouraging the most appropriate uses of land for the
maxim= benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force ar,d effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas, after
giving due notice thereof.
PASSED AND APPROVED this the, d y of
A.D. 1980.
WIGNARD 0. STEWAR , MAYOR
CIT OF DENTON, TEXAS
ATTEST -
S HO LT, I C TAR
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C.J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXA
BY:C
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L•1456 - H,S. MILLER
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R E S O L U T I O N
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON:
The City Manager is hereby authorized to submit a grant
application to the Department of Energy of the Federal
Government to be used, if approved, to make a study and/or
develop an automated broadband cable energy management system
for the City of Denton.
PASSED AND APPROVED this the day of ,
1980.
i
I HARD STE RT, MAY
CI Y OF ENTON, TEXAS
ATTEST:
-c-y
OOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
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BOARD OF EQUALIZATION
OATH OF OFFICE
THE STATE OF TEXAS
COUNTY OF DENTON G
I, Marshall Everett, Raymond Pitts and Bennie Sider, as
members of the Board of Equalization of the City of Denton, Texas,
for the year, A.D. 1980, hereby solemnly swear that in the
performance of my Duties as a member of such Board for said year,
I will not voce to allow any taxable property to stand assessed
on the tax rolls of said City of Denton, Texas, for said year at
any sum which I believe to De less than its fair and uniform value:
That I will faithfully endeavor to have each item of taxable property
which I believe to be assessed for said year at less than its fair
and uniform value, raised on the tax rolls to what I believe to be
its fair and uniform value, I further solemnly swear that I have
read and understand the provisions contained in the Constitution
e
and laws of this State, and the Charter and Ordinance of the
City of Denton, relative to the valuations of taxable property
and that I will faithfully perform all the duties required of me
under the Constitution and laws of this :,tats, and the Charter and
Ordinance of the City of Denton, so help me God.
//w i 41y1111e1a'P411A
THE STATE OF TEXAS
CMNTY OF DENTON Q
Sworn to amd subscribed before me by the said Marshall. Everett,
Raymond Pitts and Bennie Snider this 7th day of August, A,D. 1980.
Notary Publ c in and for
Denton County, Texas
'Germ expires March 28, 191.
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CITY OF DENTON
Minutes of the Board of Equalization' for year 1980
The Board of Equalization convened August 7, 1980 at
9:30 A. M. in the Civic Center Community Bldg., Corner of
McKinney and Bell, Denton, Texas,
Present: Board members, Marshall Everett and Raymond
Pits and Tax Assessor-Collector Hugh Nixon, of the City of +
Denton.
Absent: Board member, Bennie Snider.
The Oath of Office was given the Board members.
a
Raymond Pitta, was elected Chairman of the Board and
was informed thr,t due notices of the Board of Equalization
meetings had been given and proper publication had been
made. The Chairman stated that the Board was now ready for
business; whereupon the Board proceeded with the following
protests:
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Thursday, August 7, 1980
9:30 A.M.
NAME REFERENCE # RENDERED APPRAISED VALUE SET
BY BOARD
Betty Grimshaw 9180-01510 $ 31,287. $ 39,947. $ 39,947.
for Red Angus Assn. personal property
Jo Nash 22/136-B 127,491. 73,170.
for Nash Corp.
Jo Nash for
Universal Corp. 20/136-B 653,504. 522,803.
Recess 11:40 A.M.
Convene 1:30 P.M.
Present, Board Members Raymond Pitts, Marshall Everett and Tax Assessor Hugh
Mixon. Absent, Board Member Bennie Snider.
KeniAmin for 9020-02700 12,500. 78,500. 60,000.
Clayton House Motel
it 1/453-A 80,837. 80,837.
" of 2,3/453-A 308,054. 308,054.
Chester Morris 9120-05000 175,000. 265,000. 225,000.
for Chrysler-Plymouth
Recess 3:30 P.M.
Convene 4:30 P.M.
Present, Board Members Raymond Pitts, Marshall Everett and Tax Assessor Hugh
Mixon. Absent, Board Member Bernie Snider.
Recess 5:00 P.M.
Convene 1:00 P.M. 8-27-1980
0
Present, Board Members Raymond Pitts, Marshall Everett and Tax Assessor Hugh
Mixon. Absent, Board Member Bennie Snider.
Approved and signed the 1980 Valuation Roll.
Adjourned 1:30 P.M.,
8-27-1980
The Board considered the foregoing items. Motion was made
and seconded that the values he approved. The motion carried.
It was moved, seconded and carried that the schedule of values are
fair and equitable and assessments made by the Assessor and
Collector of Taxes are hereby approved.
•
It was further moved, Preonded and na:r;ed, that all protests
not herein expressly enumerated for persons who either appeared
before the Board of Equalization, or filed protests and failed to
appear, are hereby expressly overruled and assessments are made by
the Assessor and Collector are in all things approved.
It was further moved, seconded and carried, that the valuations
placed against property of persons who were given notice of such
valuation and who failed to appear before the Board of Equalization
are approved.
The Board of Equalization, having reviewed the protests and
the assessment rolls covering taxable property located within the
City of Denton, in their entirety and after duly considering the
same, are of the opinion that the assessment rolls as corrected
should be in all things approved.
There being no further business before the Board, their labors
having been completed; it was moved, seconded and carried that the
Board of Equalization sitting for the year 1980 be duly adjourned.
c
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Attest:
Hugh Mixon, 9 cretary Equalization Board
THE STATE OF TEXAS V04029 PACE 480
COUNTY OF DENTON DEF„p REWuW%-
That Calusa Development, Inc. in consideration of the sum of One Q0491.00)
and other good and valuable consideration in hand paid by The laity of Denton, Texas,
receipt of which is hereby acknowledged, do by these presents grant, bargain, sell
i.nd convey unto the City of Denton, Texas, the free and uninterrupted use, liberty,
and privilege of the passage in, along, upon and across the following described
property owned by it, and being situated in the County of Denton, State of Texas, and
being more particularly described as follows;
Tract One
All that certain tract or parcel of land situated in the M.E.P. & P.R.R. Survey,
Abstract No. 950, Denton County, Texas, being a part of a certain (called) 323.000
acre tract deeded by MfA, Incorporated to Oak Ridge Company on the 30th day of May,
1973, recorded in Volume 676, Page 346, and a part of a certain (called) 22.377
acre tract deeded to Richard H. Taliaferro to Oak Ridge Co. on the 27th day of
August, 1973, recorded in Volume 694, page 235, Deed Records of said County, and
being more fully described as follows:
COMMENCING at the right-of-way parker situated in the Southeast right-of-way of
Interstate Highway 35E at the intersection with State School Road;
THENCE S 55°09'23" E along the South right-of-way of Interstaio. Highway 35E a
distance of 283.80 feet to an iron pin;
THENCE S 47°08'05" E along the South right-of-way of Interstate Highway 35E a
distance of 120.00 feet and the Point-of-Beginniog;
THENCE S 47°08'05" E along the South right-of-way,.of Interstate Highway 35E a
distance of 60.0 feet to an iron pin;
THENCE S 42°50'21" W a distance of 180.30 feet to an iron pin;
THENCE S 04°41'43" W a distance of 533.85 1±et to an iron pin;
THEN W S 47°08'05" E a distance of 1270.00 feet to an iron pin;
THENCE N 42051'55" E a distance of 163.83 feet to an existing 26 foot sewer ease-
ment recorded in Volume 464, Page 188,Ped Records of Denton County;
THENCE N 86°57'06" E along said sewer easement a distance of 23.00 feet;
THENCE 5 42051155" W a distance of 196.35 feet;
THENCE N 47°08'05" W a distance of 837.89 feet,
THENCE S 42051155" W % distance of 724.57 feet;
THENCE S 22042'35" W a distance of 195.72 feet to a point on the North Coundary
Line of Wimbleton Village, Phase I;
THENCE with a nontangent curve to the left, along the North Boundary Line of
Wimbleton Village, Phase I, having a central angle of 111 degrees, 45 minutes, 09
seconds, a radius of 566.496 feet, chord of N 44°44'03" W 17.326 feet, an arc
length of 17.327 feet;
THENCE N 22°42'36" E a distance of 200.55 feet;
THENCE with a nontangent curve to the left, having a central angle of D3 degrees,
53 minutes, 13 seconds, a radius of 756.496 feet, a chord of N 53°10'27" W 51.310
feet anarc length of 51.320 feet;
THENCE N 42051'55" E a distance of 680.71 feet;
THENCE N 47°08'05" W a distance of 441.26 feet;
THENCE N 04041143" E a distance of 583,~75 feet;
THENCE N 42°50'21" E a distance of 201.07 feet to the Point-of-Beginning and,
containing 3.202 acres of land.
TRACT TWO
BEGINNING at the Southeast corner of Wimbleton Village, Phase I, per plat filed in
Volume B, Page 149, Plat Records of Denton County;
THENCE N 09°28'26" W along the East Bounds-y Line of Wimb %!tu,, Villa,2, P!;ase I, part
way, a distance of 1089.60 feet to an angle point;
THENCE N 14°21'48" W a distance of 663.45 feet to an existing 26 foot sewer easement
recorded in Volume 464, Page 188, Deed Records of Denton County;
THENCE N 75°38'12" E along said sewer easement a distance of 100.00 feet;
THENCE S 14°21'48" E a distance of 667.73 feet to an angle point;
THENCE S 09°28'26" E a distance of 777.11 feet;
THENCE with a nontangent curve to the right, having a central angle of 01 degrees,
12 minutes, 38 seconds, a radius of 2562.21 feet, a chord of S 76°56'39" E, 54.13
feet, an arc length of 54.13 feet;
THENCE S 09028'13" E a distance of 39.26 feet;
THENCE S 80°31'34" W a distance of 50.00 feet;
THENCE S 09°28'26" E a distance of 256.76 feet;
THENCE S 80°31'34" W a distance of 100.00 feet to the Point-of-Beginning containing
4.091 acres of land.
And it is further agreed that the said City of Denton, Texas, in consideration of
the benefits above set out, will remove from the property described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of installing, repairing, and perpetually maintaining public
utilities in, along, upon and across said premises, with the right and privilege
at all times of the grantee herein, his or its agents, employees, workmen and
representatives having ingress, egress, and regress in, along, upon and across
said premises for the purpose of making additions to, improvements cn and repairs
to said public utilities or any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas, as aforesaid the
premises above described.
WITNESS P Y hand, this the day of A.D., 19&_.
Calusa Devel went, Inc.
By : _
vot10;~~ ew 481
THE STATE OF TEXAS 0 VOL1029 PAGE 482
COUNTY OF DENTON
BEFORE ME, the un ersi ned`uthority in and for said Cou!ky, Texas, on this day
personally appeared , of the Calusa Deve'opment, Inc. known to
me to be the person and officer whose name is subscribed to ua foregoing instrument,
and acknowledged to me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 7 day of 19&)
1 ~r 1'' h
? W% NOTARY PUBLIC IN AND FOR
, V. DENTON COUNTY, TEXAS
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T SE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTSs
COUNT) OF DEN`PON X MED RECORDS
2';G97
THAT Charles W. Glasgow of Denton County Texas, for and in
consideration of the sum of One Dollar ($1.00) and no/100 and other
good and valuable consideration in hand paid by the City of Denton,
Texas, the receipt of which is hereby acknowledged, do by these
presents grant, bargain, sell and r-.nvey unto the City of Denton,
Texas, for the purposes hereinafter stated, the free and
uninterrupted use, liberty and privilege of the passage in, along,
upon and across the following described property, owned by him and
siiuated in Denton County, Texas, in the M.E.P. 6 P.R.R. Co. Survey,
Abstract No. 027.
All that certain lot, tract or parcel of land situated in
Denton County, Texas, in the M.E.P. 6 P.R.R. Co. Survey Abstract No.
927 and being part of a tract deeded to Charles W. Glasgow recorded
in Volume 1018, Page 443 of the Deed Records of Denton County,
Texas, and being more particularly described as followsi
Beginning at a point in the middle of Audra Lane North 88
degrees 48 minutes 30 seconds West 301.9 feet from the
Northeast corner Gf the Dawson-Driggs tract, said point being
35.0 feet Fast of the centerline of an existing power line;
Thence South 1 degree 33 minutes 20 seconds West parallel to
and 35.0 feet East of said centerline 911.5 feet to a point in
the North line of the North Texas Nursing Home tracts
Thence North 88 degrees 25 minutes 10 seconds West with said
North line 70.0 feet to a point 35.0 feet West of said
centerline;
Thence North 1 degree 33 minutes 20 seconds East parallel to
and 35.0 feet West of said centerline 911.0 feet to a point in
the middle of Audra Lane;
Thence South 88 degrees 48 minutes 30 seconds East 70.0 feet
to the Point of Beginning and containing 1.464 acres.
Grantor hereby reserves for himself, his heirs and assigns,
the right to construct, use and maintain parking areas and/or
streets within the tract hereinbefore described.
Grantee agrees not to install an electric power pole (or
similar obstruction) on the South 150 feet of the above-described
tract.
For the purpose of construction, reconstructing, installing,
repairing and perpetually maintaining overhead electric power lines
and underground utilities in, along, upon and across said premises,
with the right and privilege at all times of the grantee herein, his
or Its agents, employees, workmen and representatives having
ingress, egress, and regress in, along, upon, and across said
premises for the purpose of making additions to, improvemQnts on,
and repairs to the said overhead electric power lines and
underground utilities, or any part thereof.
vo11031 ME 877
L
It is expressly understood and agreed thaAQWE'ih9' A is in
substitution of an Easement heretofore granted to Brazos Electric
Power Coop., Inc., shown of record in Volume 536, Page 568, Deed
Records of Denton County, Texas, and is given to confirm said Brazos
easement and to expand the width of the tract from 60 feet to 70
feet.
TO HAVE AND TO HOLD, unto the said City of Denton, Texas, as
aforesaid for the purposes aforesaid the premises above described.
WITNESS MY HAND, this-It-IDay of Zkt Lt L ,A.D., 1980.
Lai r(/•
CHARLES W. GLASGOW
THE STATE OF TEXAS
COUNTY OF DENTON
eEoFe me, The undersigned authority, in and for
said ft County; Texas, on this day personally appeared
Charles W. Glasgow known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for tke purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 7 U
Day of C1 At dj~ A.D., 1480
4.14
NOT Y PUBLIC,
COUNTY, TEXAS
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS (
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON )
Th% City of D:.ntun, Texas, a Municipal i Rune ::uie City situated
in Denton County, Texas, hereinafter called "City", acting herein by
and through its City Manager, and Larry G. Bowman, hereinafter
called Contractor, hereby mutually ngroo 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 any meetings held in connection with the Oral
History Project.
B. Assist librarian in research, definition and
evaluation of the Project.
C. Consult with librarian in the production of public
programming.
D. At end of project provide 2-3 page summary
evaluation of Oral History Project.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereund:r as follows:
A. Amount of Payment for Services:
$400.00 upon completion of all services
B. Dates of Payments:
One payment in July 1961,
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 Co%tractor under this
agreement are to be paid by the Cite, from funds appropriated by the
City Council for such purposes in the Budget of the City of Denton.
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees
to furnish to Contractor the following services and/or supplies:
1. None
6. INSURANCE: Contractor shall provide tit 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 8th
day of August, 1980, and end on the 12th day of July, 1981.
EXECUTED this the day of -d44t44, 1980.
CITY OF DENTON, TEXAS
ACF:ii
ATAOKSHOLT, G CITY SECRET
APPRO
VED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY: ed~6
LARRY G. BOWMAN, CONTRACTOR
That Mrs. Joella Orr, Is hereby designated as the person to
administer the provision of this agreement.
UM T- CITY MANAM
' i
y
~°e6
1
1 c~
d
~
j
INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE rRESENTS:
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 Grady Penley,
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. Turn the lights on during the fall softball league
at dusk and off at 11:00 P,M. each night five (5)
days a week a~ six (6) baseball/softball fields in
Evers, Denia and Mack Parks in the City of Denton,
Texas.
B. Delivering and collecting football equipment for
youth football games and turning lights on as
necessary. Schedules will be worked out between
the City and the Contractor.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Services:
Ten Dollars ($10.00) for each day to be paid
weekly upon invoice showing all work completed
to date of invoice.
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.
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1
4. SOURCE OF FUNDS: All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes. in the Budget of the City of
Denton.
5. 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.
6. 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.
7. TERM OF CONTRACT: This Agreement shall commence on the
12th day of August, 1980, and end on the 31st day of December,
1980.
EXECUTED the this day of August, 1980.
CITY OF DENTON, TEXAS
,
BY: a,,.
ATTEST:
Z'I3'Y 'FARM
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY C
GRADY PjENLBY, CONTRACTOR
BY:
Paul Leslie, is hereby designated as the person to
administer the provision of this agreement.
INDEPENDENT CONTRAC'TOR'S AGREEMENT - PAGE 2
~~r~~YYVar
. . ,
`~i
r
'b
M
HUD-4MF
CONTRACT
i HIS ,REEMENT, made this 15th day of _ August 1980.-, by and
betwetn Denton. Texas „herein called "Owner," acting
Korpamse Name of Owner)
i
herein through John J. Marshall, Purchasing Agent an d
~771fe o/Authorised 01Jtctal)
Joe ie m
S; FLIKE OUT, rponlion) (a partnership)
INAPPLICABE n individual doing business a rna Slaamnn.l r„ratrurtion Co r 'in-
TERMS
)
of aainpgvi l l p County of UnifP and Suit of Texas _
hereinafter called "Contractor,"
WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be
m,ide and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
Bid 98791 " Drainage Improvements on Paisley Street.
hereinafter called the project, for the sum of Fifty Fear thnucanA~ fnrrv Fight and 56llnp ahillars
(354.048, 5)Sand all extra work in connection therewith, under the terms u stated in the General and Special Con-
ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, suppiirs,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and strokes necesauy to krlm-
plate the said project In accordance with the conditions and pikes stated In the Proposal, the. General Condition,, 5up•
plemental General Conditions and Special Conditions of the Contract, the plane, which inclkrle all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract dormnents
therefor u prepared by Jeff Mever herein entitled the Arch Itert/Enp-ino•er,
and as en,kmerated in Paragraph L of the Supplemental General Conditions, all of which are made a part hereof and rul•
lecdvely evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on of before a d t to be speeiried in a
rritten "Notice to Proceed" of the Owner and to fatly complete the project within„ 1U AMR@ selreder day,
thereafter, The Contractor further agrees to pay, as liquidated damages, the sum of I -A* (of cash eonAccu.
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Candi0its.
The OWNER agrees to pay the CONTRACTOR in tutrent funds for the performance of the contract, subject to
additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account
thereof as provided in Paragraph 25, "Payments to Contractor,"of the Central Conditions.
*R See General Provisions.
towr)
e
IN WITNESS WHEREOF, the pu•tia to then preicenta h I've c recuted this contract in six (6) eoonterparts, each
of which shit) be deemed an original, in the year and day Grat above mentioned.
(Seal)
ATTEST; .•-ULV of Denton, Texas
By
c ~l
Jo Marshall C.P,M.
Purchasing Agent
(seal)
Joe Siegmund Construction Co,
o n rrar rorl
Br
--tsar my C ~ -
I
(Tlrk/
`t i. Q(•,t ~f~ f ~ U' f~iA~tSG•uc ~I/S ~~1f~0
,10di Mf zip wil
•il
NOTE: Sdcretsry of Ih• owns shoWd ellelr. l(Controll ill eorpontlon, 4;wtvr should 211414.
HUt -ii 16461
tl0 IHl
r
, .J., , ,i•„c,., . , x~ t• 8791
+ DRAINAGE U pROb'BlEM'S ON
r PAISLEY STREET
Item Approx. Description w/Unit Prices Unit Extension
--.N0? Quan• yritten in words rcicv Arm
for
100 Lump Sum Preparation of Right of way
Five-hundred Dollars
No a Cents 500.00 $500.00
Per Lusp Sum
110 10182 Cubic Yards of Unclassified
Excavation (Density Control)
for 1
Tw") Dollars
No r Cents 2.00 $2?64.00
Per Cubic Yc:d
260 30275 Square Yards of 6-inch
Lisa Treated Subgrade
(Density Control► for
Two DoIIara
No 4 Cents 2.00 $6550.00
Per Squard Yardz
264 30 Tons of Type A Sydrated Lime
for
Seventy-Seven Dollars
No i Cents 77.00 $2310.00
Tor Ton
340A 2,820 Square Yards of S-inch
Asphalt Pavement for
Eight Dollars
TNenty-five a rents 8.25 $23265.00
Per Square Yard
8791
Item Approx. Description w/Unit Prices Unit Extension
No. Quan. Written in Words Price Amount
340B 13.3 Square Yards of 8-Fnch Asphalt
Pavemene (Valley Gutter) for
Thirteen Dollars
Twenty i Cents 13.20 $175.56
Per Square Yard
3400 3 Tons of Type D Asphalt Patch
Material, in place, for
Forty Dollars
No _ i Cents 40.00 120.00
Per Ton
421 L.S. Two Texas Highway Department
Standard 18" Headwalls Type B
for
Eight-hundred Dollars
No i Cents 800.00 800.00
Per Lump Sum
465A 60 Lineal poet of 18-inch Rein-
forced Concrete Sewer Pipe
(Circular class III) for
Thirteen Dollara
Twenty-live i Cents 13.25 795.09
Per Lineal Foot
522 x,560 Lineal Feat of Concrete
Curb and Gutter for
Six Dollars
No i Cents 6.00 9360.00
Per Lineal root
8791
Item Approx. Description w/Unit Prices Unit Extension
No. Quan. Written in words Paice Amount
524A 330 Square Yards of 4-inch Concrete
Sidewalk for
Thirteen Dollars
Fifty a Cents 13.50 $4455.00
Per Square Yard
I
524B 102 Square Yards of 6-inch Rein- +
forced Concrete Pavement for
Thirty Dollars
No i Cents 30.00 $3060.00
Per Square Yard
98 Cubic Yards of Compacted Fill,
in place, for
Three Dollars
No c Cents 3.00 $294.00
Per Cubic Yard
I
9
TOTAL BID PRICE s 54,048.56
TOTAL BID PRICE IN W)RDS Fifty-four thousand forty-eight dollars and
fifty-six cents
In the event of the award of a contract to the undersigned, the undersigned
will furnish a performance frond and a payment bond for the full amount of the
contract, to secure proper compliance with the terms and provisions of the
contract, to insure and guarantee the work until final oompleticn and
acceptance, and to guarantee payment for all lawful claims for labor performed
and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when
fully completed and finsihed in accordance with the plans and specifications,
to the satisfaction of the Engineer.
The undersigned cartifios that the bid price contained in this proposal have
been carefully checked and are submitted as correct and final.
Unit and lump-sumo pcioss are shown in words and figures for each item listed
in this proposal, and in the event of a discrepancy, it is understood that the
words shall control.
a
O SI ntraoto `.-TNC
SY
Acute 3 Box 169 E-1
(stress Address)
Gainesville, Texas 76200
(City an state)
$eal i Authociaation
(If a Corpocation) 817-665-4610
(Te s e}
e circular
ORW REGULATIONS Attachment B
BONDING AND INSURANCE
REGUIfEaNTS
A State or local unit of government receiving a grant from
the Federal Government which requires; contracting for construc-
tion or facility improvement shall follow its own requirements
relating to bid guarantees, performance bonds, and payment bonds
except for contracts exceeding $100,000. For contracts exceeding
$100,000, the minimum requirements shall be as follows:
a. A bid guarantee from each bidder equivalent to five per-
cent of the bid p~~ie. The bicA guarantee" shall contest of a
i"r commitment sucW as-a bid bond, certified chf:ck, or other
negotiable instrument accompanying a bid as ass.ura:tce that the
bidder will, upon acceptance of his bid, execute such contractual
documents as may be required within the time specified.
b. A performance bond on the part of the roW ractor for 100
ercent of t1 onract price. A performance Yon ' is one exe=
cute =n connection with contract to secure fulfillment of all
the contractor's obligations under such contract.
c. A payment bond on the, art of the contractor for 100 er-
cent of the contract price, p ayment`Uo~~s He exec edn
connection WFF-a-contract to assure payment as required by law
of all persons supplying labor and material in the execution of
the work provided for in the contract.
1
I1MURANCE
CITY Or Denton
III'sIMANIC E 14101-Arl RF.Cunw.'1r'!.'1'S
Without 11nit!n; any of t*: othei ob'_1Cations o: liatilities of the Contractor,
the Contractor shall p:cvide and raintein until the we-,: is cL,npleted and accented
by the City of Denton O.;nor, mining-- incu:an;e coverage as fellows:
TYFI: OF C6VERA;;:: LI:'1'i'S OF LiAM ITY
I, YORIGIENIS COF1MSATION STATUTORY
II, CaTREHEh'SIYE GIw MAL LIABILITY
Bodily Injury $1001000 $3001000
Each person Each accident
Property Ds^:age 1 $50,000 $100,000
Each accident agGreGate
III, COMPREHEIISIYE AUTO„OBILE LIABILITY
Bodily Injury' $100,000 $300,000
Each person Each accident
Property Danage $100,000
Each accident
A. In addition to the insurance described atove, the Contractor shall obtain. at
his expense an PROTWUVE LIABILITY II.SURI:,CE POLICY naning City of
Denton as insurad with the followinG liaitsi
Bodily Injuryi Property Damages
$100,000 each person $50,000 each accident
300,000 0 each accident $100,000 agGreGate
Covering the work to be perform-:d :w the Contractor fcr the City of Denton.
B. The Contractor shall fur.nich the Ouner's Protective Policy de-tcrited atone
and execute the Cor:ificatc de-.riled on the folicuin,, p,1rc to the city of
Denton for it!: approval. Insuranco r.uot La acceptca cr-fore commoncinG any
work under the contract to which this insuranco applil:a.
r' 'I fir'.''
UNITED STATES FIDELiT LIARANTY COMPANY
(A Stock'C panyj
TEXAS STATUTORY PERFORMANCE BOND
(Penalty of this bond must be 1009E of Contractamount)
STATE OF TEXAS
COUNTY OF DENTON BOND NUMBER
KNOW ALL MEN BY THESE PRESENTS:
That ?4$.SI6Gi(UN>1.CONSF.RU~TION.Q4•.r,XAG~. ;
(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 a!
CITY OF DENTON, TEXAS
OF EN
.
~y;'f al
(hereinafter called the Obligee), in the penal sum of FII'TY, Fol)R, 711QV5 4'19e . F.QQTX..EIGtIT
DOLLARS AND 56/I9 9 7------------------------------------------------------- Dollars
for the payment of which su,n well and truly to be made, we bind ourselves, our heirs,administrators,executors, su ccessorsanda,signs,joinVyandseverally, firm
lybythese presents. %
gs WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the ID"
.hth...... day of. AUGLIST............ 1980. , a copy of which is hereto attached and made a part
hereof, frx i
DRAINAGE IMPROVFTIENTS ON PAISLEY STREET,
DENTON, TEXAS
e ~
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that it the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents, J
then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Article 5160, Chapter
4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th D`
F,
Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions
thereof to the same extent as if it were copied at length herein,
IN WITNESS WHEREOF, the said P. incipal and Surety have signed and sealed this Instrument this
F ,22nd.,,.,.....,.day of...~UCUST......... 19W.
.""•"„'.i1,,,,,",,,",,,I,f f". JO.E~B F.GM.CON3T6)1f~IlU ~IC ,.0,,,,IAiC.~(SeaQ
4
,(Beal) UNITE ZTAT FIDELITY AND GUARANTY COMPANY'
r
By.- rJeal)
Attorney-IMfsct
Cantrad219 (Taws) (641)
r ~`tli ~r t , ~ i~ ',S~(([ ~G, T'~'!j'7~~ 1i'i(r,:A ~ r \5..1(,!"...51'." ~ •rr/ 1t I i._', LLA
.
1 `~Olll7r,f~ ~
UNITED STATES FIDE[ GUARANTY COMPANY
(A Stock Company)
TEXAS STATUTORY PAYMENT BOND
t;
(Penalty at this bond mud bo 100% of Contract amount)
l STATE OF TEXAS
j COUNTY OF DENTON BOND NUMBER- _
14~ 3
KNOW ALL MEN BY THESE PRESENTS:
That__JOE-•SIEGMUND CONSTRUCTION C0.1 INC___ - _
GAIN M_IUE~
(hereinafter called the Principal), as Prlnclpol, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
corporation organlzed under the laws of the State of Maryland, and duly authorized to do business in the ~Iil
State of Texas, (hereinafter called the Surety),
as Surety, are a an firmly bound unto........__.___._..._._...._
-__---CITY OF DENTON, TEXAS--._._-_----•--•-
I'-' FIF Y FO R TH_ SAND FORTY
E.
(hereinafter called Ine Obligee), In the penal sum of EIGHT DOLLARS AND 56/100------------------------------------------------------
'~•g - _.-°------------------•---____-.-.._...------Dollars s:,
($.___541048-, 56--.__..__-) for the payment of whhh sum well and truly to be made, %a bind ourselves, l ~_A
l our heirs, administrators, executors, successors and assitins, jointly and severally, firmly by these presents. ~
WHEREAS, the Principal has entered into a certain written contract with the Obligee, doled the...i5th__ 6;i
day 19 80. , a copy of which Is hereto attached and made a part hereof, for i
DRAINAGE IMPROVEMENTS ON PAISLEY STREET
DENTON, TEXAS ~y
eg ~
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the said Principal shall pay -
C ` all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided p.:
.e for in sold contract, then, this obligation shall be voldl otherwise to romoin in full force and effect, LI
PROVIDED, HOWEVER, that Ihis bond is executed pursuant I r, the provisions of Article 5160, Chapter 4
~fs5
of Vernon's Revised Civil Statutes of Texas as amended by the, Wit of the Regular Session of the Stith LOCI$-
lafure, 1959, and all Mobilities on this bond to all such doimonts shall be determined In accordance with the ,
EE provisions thereof to the some extent as if it were copied of length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
I
JO - IE CONSTRUCTION CO~INC,
~a - - - - - - - - -
5.4....x... .l . __._._.._.._(s.al) ,I
U ED STA FIDELITY AND GUARANTY COMPANY as
By-
try tit.
ocabirt214 (Tnu) (441) _
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No......... M47
Knorr all Men by tAe" Presents i
That UNITED STATES FIDELITY AND GUARANTY COMPANY, it eor~atiro , gao;sed and etleing a-Jes the laws of the
State of Maryland, and bedng its principal office at the City of Baltimore. In the State of Maryland, does hereby constitute mad appoint
Randall L. Minnis
of the City of Denton , State of Texas
its trna and lawful attorney in and for the State of Texas
t
for the following purpow-., to ♦i!:
To den Its name an surety to, and to t scuts, red mad acknowledge any end all bonds, and to respeairely de and perform may mad
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COEIPANY, a certified copy of which is hereto annexed end made it par of this Power of Attorney; and the odd UNITE) STATES
FIDELITY AND GUARANTY COMPANY, through tat, its Board of Directors, herby ratifies and confrma all and rbataoever the laid
Randall L. Minnis
I
t may lawfully do is the pnm!ws by rime of theme press Em.
In IPhnesr Whereol, the said UNITED STATES FIDELITY AND GUARANTY COMPANY bar coved this Instrumaos to be
waled with Its corporate seal, duty attested by the dgsatnnn of Its Yke•Peeaidtnl and AamLtaas ;secretary, this 23rd day of f
April A. D. 19 76
UNITED STATES FIDEISIY AND GUARANTY COMPANY.
(Signed) by.. ..Geo. A,. Stewart, Jr.
(SILL) Vice-Prudent
(Signed) ......William J. Phelan
AarOsaif Smalley.
STATE OF MARYLAND,
BALTIMORE CITY. sa'
On this 23rd day of April • A. D. It 7 6 befors me petsoealty eels
0 e o . A . Stewart, Jr. Yk►Prsddsnt of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Wi 111 an J. Phelan , Assistant Secretary of meld Company, with both of
whom i am pe»onally acquainted. who being by as wrmlly dely reran, slid that they added In the City of Baltimore Marylaadt
` that they, the old Oeo. A. Stewart, Jr, mad William J. Phelan wore speedd"17
the we-Presidew and the Assistant Secretary of the add UNITED STATES FIDELITY AND GUARANTY COMPANY. As ear.
I pontlon daaaibed in aid which es"uted the forego(ae Power of Anornty; that they each knew the seal of said cotywaticat that the
meal edited to said Power of Attorney sou much eorpoats wet that it wu to head by order of the Board of Directors of now corptre
don, mad that they dgaed their aamea tharato by like ardor Yka•Premident and Assistant Secretary, mpeciltely, of the Cempsay.
My eortmlaske empires the first day Is Jaly. A. D. 19...7
(SEAT) (Signed) b.f.i.O..Jr.. AuAX
Aofery PrbHe.
STATE 01 MARYLAND ~ Sct.
BALTIMORE CITY,
I, Robert H, B o u s e , Clerk of the Superw Coon of Behimea Or. wwh Coats Y a
Court of Reoord, and has a waL do hereby eerufy that Herbert J. Au l l , E"vies, before
wham the amassed mlbdsvita were mada, and who has thereto mabocribed him same, was at the rims of so doing a Notary Publk of the
State of Maryland, in and foe the City of Baltimore, duly aommiamfomtd and Mm mad nthorlssd by law to adrNtdder "the led take
acknowledgments, or proof of deede to be recorded tiwrela. I furker ceriy that 1 am aequslmted with the handwriting of the saw
Notary, and verily believe the dgnetare to be his geaains dgsitoea
of Recto awl nuns rAdMO/~ I fammeto day ofad myehead and 4s he April , and of the Superkr Court of A D~ 7g, the manta being a Court
(SEAL) {Signed) Robert H. Bouse
Ckrk el she Snpaftr Cann of laski tort City,
re 3 pill . .
w
r
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and sttorneya 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 Lbmiaioa of Canada and in the Colony of Newfoundland.
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Praidents In confunctioa with its Secretary or one of its Assistant ;ieeretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys in-is ct, or agent or agents of said Company, is its name and as its act, to execute and deliver may and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than Insurance policies and executing or guaranteeing bonds and undertakings, required or permitted In all actiora or proceedings, or
by law allowed, and
Also, in i4 name and u its attorney or attorneys-In-fact, or agent or agents to execute and guarantee the coodiuu of any and all
bonds, recognisance,, obligations, stipulations, undertaking 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, order,. customs, practice or discretion of any board
body, organization, office or officer, local, municipal or aherwir, be allowed, requited at permitted to be executed, made, takek gifts,
tendered, accepted, filed or recorded for the security or peotectbo 04 by or for say person or yersom, eorpcead m, body, office, interest
municipality a other association or argoalution whatsoever. In toy sad all espacitin whatsoever, cooditioned for the doing or not doing
of saythlmg or say condition, which may be provided for In say inch hood, rec"ainan. obhgrim stipaLtim at nadertaking, a
uytbin fi in the nature of either of the same.
1, David M. Engler as Assistant SeavAry of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing b : fall. true and eormt ee" d the erlead power of attorney given
by add Compuy to
Randall L. Minnie
of Denton, Texas , a tth"Isti g ,red eoopo ver'" him to sI ga besds as theeds sat
forth, which power of attorney hat never ban revoked sad Is still is full tau sad elect
And I do further certify that rid Powet of Attorney was given Is ptnoaace of a retalsrloa adopted at a nastier eating of the
Bard of Directors of said Company, 4217 called sad held it the sect of the Company to the City of Baltimore, on the 11th day of
July, 19111, xt which meeting a quorum of the Scud of Direceas was pews, and that the fa.giag is it ens sad targets copy of rid
resolution, and the whole thereof as recorded is the r.,iattes of sold mating.
In Tatissaay, 1rhern/, I hev hettsato set my lead sad the mat of the UNITED STATES FIDEUTY AND GUARANTY
COMPANY on C t t ~t c t he
, /
(Date)
a.
N r r
ocord . r
NnME qnc /.:/LHE°< of e~.rr..
'RAM, KING Is MINNIS INSURANCE COMPANIES AFFORDING COVERAGES
707 FIRST STATE BANK BUILDING IAA
DENTON, TEXAS 76201 USF6G
- - -
MM: 0.V:, V r n'Ar„ I
JOE SIEGMUND CONSTRUCTION COMPANY, INC. co
Box3 Nrp
GAINESVILLE, TEXAS 76240 tR
COW AN'
IF71ER
1 his is to ccrtlty that pohcles of msur,~ nce ksted below have boon -,~,uod to the insured named above and are in force at this time.
rornlavr TImTt{oflTa lilt nT ousan s
LCI {LR Irll01 NSIIPANC r V; 1( VNIY,'HF4
(rPH= A, i ON ON rAlf U[ACH RRI AGO RC CAiC
OCN RR[NE'E
NER0.L L10.81LITY -
GE -
300 1300
~L+RR[`IFN we touv
A OTC 9780 12/30/60 ti,
IXI FPr•If`r 1
00 $100
T
r 1;
E J E ,II, i1i Nv AN
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l i n\ F. A r 11 i.fq dP
q. '
I'w!rINIH
r[PA;m al NJU Ur f
_
AUTOMOBILE LIABILITY
ACPFMVIr { loo
1[ r i of M VIN i
A LEI COMF,wrw N,,m FtHM AN)NLY L" AINIIERr { 300
F1 0
nXowNtD OTC 9780 12130/80 [AC"ruDENrI -
HiRLD F•RORtHIYfrgMAG[ { 104
NONOw'NEO I Vr )DOmIeF r IN VA AIf
Ri V AMAGL }
COMN NED_
AV EYCESS LIABILITY
DOOR v IN!IIPV AND
Er)f UMDRLLLI FORM IAJI'EPrr LIAMAOC {
1~„J 0T4f RTIMNLMESREILA COMIbNFO
FORM
WORKERS' COMPENSATION sruurnr
and
EMPLOYERS' LIABILITY {
J N n Ac'cwLnq
OTHER
DESCRIPTION Or OPERA r10Ns.'LOCAI IONSYEHECLrS
Caneellalion: Should any of the above described policies be cancelled before the expiration date thereof, the Issuing com-
pany will endeavor to mail In days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon tfle company.
NAME A4OA0DRM0FCE41Ir ICAt[HOLOE N. - - ugust 22, 1980
CITY OF DENTON
MUNICIPAL, BUILDING DENTON, TEXAS 76201 :2-X _KING 6
ALlR17ED A A ACORD 25 EA 11 711
Binder No.
NAME AND ADDRESS Of AGENCY COMPANY
M~C Y, KING 6 MINNIS INSURANCE -ISFSG
07 FIRST STATE BANK BUILDING Effective 4 p m 8/21/80 1g
enton, Texas 76201 Expires ❑ 1201 am ❑ Noon 9/21/80 , 19
D This bind?r is issued to extend coverage in the above named
company per expiring policy q
_ _ _ _(^.r W 45 noteO Reber
NAME AND MA LING ADDRESS OF IN uRfp Description of Operation/Vehkles/Pro perty
CITY OF DENTON, TEXAS
0xim
Type and Location of Property Coverage/Parils/FormE Amt 4 Insurance Ded.
P -
R
0 OWNER'S PROTECTIVE LIABILITY INSURANCEPOLICY
P FOR WORK PERFORMED BY THE CONTRACTOR, JOE SIEGMUND
E CONSTRUCTION COMPANY, INC., FOR THE CI OF DENTON IN THE
R LIMITS OF $100,000/300,000 Bodily Inju and $50,000/100,000 Propert Damage.
T
IY
Limits of lrahilit
Type of insurance Coverage/Forms
L EachOccurrerice - Aggregate
f ❑ Scheduled Form 1l t i,'{'irhr n, form. ~fi~r)ily Injury T $
9 ❑ PrNrn.,r's Opei.it un, f rn}u'rtY
❑ PrpIUl15 Cornp:rted Opcr,tr;;,s ~~ar~k<' $ $
L OCcntraclLwl
li( dd) Injury 8
❑ Other ;specify heloA) Pr(llrty Uanaae
T r,
D Med Fay $ $ Gprnlbu' tt--
0 Personil Injury A L} E3 ❑ C Personal Infury $
A Limits of Liability
U D Liability ❑ Nun oxned ❑ }i,reJ Eloilly In,urytEa;h Person) $
T D Comprehensive Deductible $ Bwlify Injury (Each Accident) $
0 ❑ Collision Deducirble $
0 D Medical Payments $ Properly Damage $
9 ❑UmnsuredMotorist
❑ NO Fault (specify), Buddy Injury g Property Damage
L D Other (specify): Combined $
E - 1- -
❑WORKERS'COMPENSAIION-StalulnryLimits(specity s(iterbrl(j+a) Ll LVIP[ 0rIIRS LIARIOTw` Lund $
SPECIAL CONDITIONS/OTHER COVERAGES
NAME AHD ADDRESS Or ❑ MORIOAGFF ❑ I OSS hAYC E ❑ ApD L IN',iJk} D
- MOAN riUMBEW
1~L ~Z,ilo unev~'-"s"'•-~
~ KIliG_6~1INN_ CE 81221P
Signature of Authorized Representative Date
ACORO 75 t l 1 71)
I
40
i
CONDITIONS
Thi,I ..lrl rr lI, v,ilrp
t0 the !t-t c c.':. r.1 is ,aS t~ 1 !t r' l` rl s' rr 'r~ 1''. CI' if , is
I~i„~LnnJ~r~iia,t,,cdtyricL.I:.pft I.~•elr:.,.1"„4.•~"I 1 fly,I!t,..fill rur
t~ e~ c(.s! i F S~ r ,..I iI I,s' i w ~ I i I~ I .i ! h 1 i r ~ ~ A I y I l 'q Wy I'
tstlelriSiLI ,1* ,r+~ 111 11; l,,lii~ 11 ! rr•, „ ,1, 1Lyyf.,It
..y Ifthst1 lriisr•",Ft ~•,i'I, il,, r •t. 1 tb~~ Lyra{ ~ ni1~.,lnr I +rier
dlr ;N if u:Q tJ 1is` 1~11~h'> drlf hi d(r'~ +a l~iP hs I:,~` (t r i't-, 1'I~ ~
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5
Cnnr rn I, ?'n. C1;63-PI-r-0107
CONTRACT BET14EEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEXAS
FOR
RECREATION DEVEI.OP`ZENT
AT
AUBREY AND LEWISVILLE LAKES, TEXAS
1i
THIS CONTRACT, entered into this 1 S day of ug 19+0, by and
betwf.en the United States of America (hereinafter called the Government),
repr?sented by the Contracting Officer executing this contract, and the
City of Denton, Denton County, Texas (hereinafter called the City),
WITNESSETH THAT:
WOF.REAS, construction of Aubrey Lake (hereinafter called the Project)
was auth^rized by the River and Harbor Act of 1965 (Public Law 89-298,
70Stat. '091); and
WHEREAS, constructior of the Project includes a reallocation of storage
space in Lewisville Lake (irsnediately downstream from the Project) and a
substantial increase in the surface area of the conservation pool of
Lewisville Lake; and
WHEREAS, said increase in the conservation pool of Lewisville Lake wlll
make necessary the development of additional recreation areas and facilitieq
at Lewisville Lake to meet the increased recreation potential of the larger
lake; and
WHEREAS, the aforesaid requirements at Lewisville Lake are hereby
included in the recreation development described in this contract for
Aubrey Lake, the term Project when used hereinafter nhall be understood to
include these additional requirements at Lewisville Lake; and
WHEREAS, the City is authorized to administer Project land and water
areas for recreation purposes and to operate, maintain, and replace
facilities provided for such purposes and is empowered to contract in these
respects; and
WHEREAS, the Government is authorized by the Federal Water Project
Recreation Act (Public Law 89-72, 16 U.S.C.'460C-12 et seq.)'to make
contracts with non-Federal public bodies for development, management, and
administration of the recreation resources of Federal water resources
projects;
NOW, THEREFORE, the Government and the City agree as follows:
ARTICLE 1. Definition of terms. For the purposes of this contract,
certain terms are defined as follows:
a. Joint cost. The total cost of the Project minus the sum of the
sepo6a'~6e costs for n11 °roject purposes.
b. First cost, used interchangeably with the terms "capital costs"
and "Project cost", is the initial capital cost of the Project, including.
engineering, design, supervision, and administration; land acquisition;
construction; and interest during construction*
c. Separable cost, as appl+ed to any Project purpose, means the
difference between the capital cost of the entire multi-purpose Project
and the capital cost of the Project with the purpose omitted.
d. Interest during construction consists of an amount of accrued
interest computed on and added to expenditures for establishment of
Project services during the period between the actual outlay and the time
the recreation services become available.
ARTICLE 2. Lands and facilities.
a. The Government agrees to design, construct, and operate the Project
to provide for enhancement of goneral recreation consistent with maximum
utili?ntion of water supply and flood control in the Project. Details on
lands necessary for such enhancement are shown in the Project RECREATION
RESOURCES APPENDIX to DESIGN MEMORANDUM NO. 2, as concurred in by the City
and incorporated herein by referen--e.
b. In addition to the lands to be acquired for the other authorized
purposes, the Government will acquire certain lands specifically to enhance
the recreation potential of the Project. The lands anticipated to be
acquired for all Project purposes, including recreation, are those lands
shown on Plates I-10 I-2, and 1-3 of the above referenced approved RECREATION
RESOURCES APPENDIX to DESIGN MEMORANDUM NO. 2.
c. The City, in cooperation with the Government, will prepare a
mutually acceptable "Plan of Recreation Development and Management" which
will depict and identify the types and quantities of facilities which the
City and the Government will construct in accordance with this contract.
The presently estimated cost of facilities to be so provided is contained in
Exhibit A, entitled "Estimated Separable Recreation Costs", attached hereto
and made a part hereof. Such estimate of facilities cost is subject to
reasonable adjustment as appropriate upon approval of the above mentioned
"Plan of Recreation Development and Management" and completion of construction.
d. The facilities us shown in Exhibit A of this contract, as it may be
adjusted in accordance with paragraph c above, shall be constructed jointly
by the parties through mutually satisfactory division of responsibility for
construction which takes into account direct and indirect cost savings which
2
AUb i b ,1a~
may be gained by the parties in the public interest for certain specific.
faclli,ttQs, provided, that the facilities to be constructed by each party R1(~
shall be formilly .1-rc_d upon by the tiro p,arti ; prior f.n c.n,trurtiou,
consistent with the provisions of Article 3. !
e. The Government will make available by lease to the City (a form
of such lease is attached as Exhibit G of this contract), for City manage
cent and administration, the use and occupancy of approximately 23,830 acres
of land and water areas (more fully described in the "Plan of Recreation
Development and Management"), together with facilities located thereon any}
acquired or constructed pursuant to this contract. No provision of this
contract, including this paragraph e, shall merge into any such lease, but
each and every obligation of each party hereto shall remain in full force
and effect unless altered by mutual agreement or Article 10 hereof.
f. Title to all lands and facilities specifically acquired, developed,
or constructed by or with Government assistance to enhance the recreation
potential of the Project shall at all timas be in the United States.
g. The performance of any obligation or the expenditure of any funds
by the Government under this contract is contingent uron Congress making
the necessary appropriations and funds being allocated and made available
for the work required hereunder.
ARTICLE 3. Consideration and payment. Each party hereto will pay
or contribute in kind fifty percent (50X) of the separable cost of initial
recreation development and fifty percent (50X) of the separable cost of
future development of that portion of the total development participated in
by the City. In addition, as between the parties hereto and except as may
be specified to the contrary in any separate contract between the parties,
the Government will pay one hundred percent (100X) of the joint cost of the
Project allocated to recreation.
a. Initial development. Fifty percent (50x), the City's share, of
the estimated separable costs of initial recreation development participated
in by the City is estimated to be $2,495,300. This amount shall be paid to
the Government by the City as follows:
(1) There shall be deducted from the City's share an amount equal to
the sum of the fair market value of any lands or facilities provided by the
City (such value being determined a3 of the date such lands or facilities
were provided and not including enhancement due to the Project) and any
cash expenditures made by the City toward the separable cost of the
recreation purpose of the Project.
(2) The amount of the City's share remaining after such deduction
shall be paid to the Government with interest on the unpaid balance withit
fifty (50) years after the recreation facilities are first available for
useful operation. Such repayment will be made annually in such equal
amounts as to complete repayment within such fifty (50) year period.
(3) Interest during construction and interest on the unpaid balance
shall be at the rate to be determined by the Secretary of the Treasury of
3
5 '9331
the United States ns of Ilic bepimiing of the Covernment fiscal year in which
Project construction 1:, Lititiateci as pi -;,nJbel I~ Sc,.iAon 301(h) cE t'
Water Supplv Act of 1958 (Public Law 85-500, 43 U.S.C. 390b(b)). Such i'
interest rate shall not change during the repayment period. The interasL
rate in effect at the time of negotiation of this contract (Government
fiscal year 1980) is 7.210 percent.
(4) The schedule of repayment for the Project, based on the current
estimate of separable cost of initial recreation development, the interest:
rate in effect on the date of execution of this contract (7.210X), and
50 year repayment, is shown in Exhibit B of this contract. This repayment
schedule will be recomputed by the parties upon completion of construction
on the basis of the actual separable cost incurred for initial recreation
development, the interest rate in effect for the Government fiscal year in
which Project construction is initiated, and the amount of the City's share
remaining unpaid at the time the Contracting. Officer notifies the City in
writing that the lands and facilities are available to the City for useful
operation. Interest during construction shall be paid over a period of
50 years as part of the separable cost of the Project; but subsequently
accruing interest shall be paid with the installment dice at the end of the
period in which such interest has accrued.
(5) The initial payment shall be due and payable within thirty (30)
days after the City is notified in writing by the Contracting Officer tl:lt
the lands and facilities are available for useful operation. Subsequent
payments shall, be due and payable to the Treasurer of the United States
within thirty (30) days of the yearly anniversary date of such notice. If
the City shall fail to make any of the aforesaid payments when due, then
the overdue payments shall bear interest compounded annually at the rate
provided above until paid. The amount charged on payments overdue for a
period of less than one year shall be figured on a monthly basis. For
example, if the payment is made within the first month after being overdue
(31 to 60 days after the anniversary date), one month's interest shall },e
charged. This provision shall not be construed as giving the City a choice
of either making payments when due or paying interest, nor shall it be
construed as waiving any other rights of the Government, at law or in
equity, which might result from any default by the City.
(6) The City may, without penalty, prepay at any time or times any
part or all of the principal and interest due and payable under this
contract. Interest with respect to any prepaid principal shall accrue
only through the date of repayment.
b. Future development.
(1) Fifty percent (50X), the City's share, of the estimated separable
cost of future recreation development to be participated in by the City is
currently estimated to be $1,189,000.
(2) Future recreation development as provided 1,1 this contract shall
be contingent upon the availability of Government func!s therefor.
4
41
(3) In the event there shall not be available sufficien: funds to
provide the. Cnvernmant'r; share of future recreation Acvelopnent as the •ned
arises, the City may devrlop or continue Lo &.relop the aecess,.iy racilitte;;
provided prior approval of such development is recaiYrd in wr'.t_ng from
the Covernmeut. Upon receipt of notice that Government funds are again
available for such development, the City may withhold payment of additional
amounts until such time as the payment of funds from each party is balanced
at fifty percent (50X) of the total separable cost for this purpose to that
time. If the City has completed the future development at its own expense
due to the unavailability of Government funds, upon such Government funds
again becoming available the Government shall reimburse the City for the
Government's share of such development expense. Nothing herein shall be
construed as obligating either party to make payments in excess of funds
appropriated and allocated for this particular purpose, or to appropriate
and allocate funds for this purpose, or as authorizing the City to withhold
making installment payments under paragraph a of this Article.
(4) When Government funds are made available, and to the extent the
City may not already have provided equal amounts under the provisions of
Article 3b(3), the City shall be obligated to proceed with turther recreation
development and to balance the funds provided by the Government for this
particular purpose. The City may provide its share of funds by one or a
combination of the following means: (1) contributions-in-kind at the fair
market value thereof at the time provided; (2) a cash contribution prior to
consttuction; (3) a cash payment immediately following completion of
construction; or (4) repayment to the Government, with interest on the unpaid
balance, within the life of the project is not to exceed 50 consecutive
equal annual payments. For options (3) and (4) above, the amount to be
repaid shall include, in addition, interest during construction computed at
the rate specified in Article 3a(3). For payment option (4) above, the
provisions of Articles 3a(5) and 3a(6) apply; payment schedules will be
furnished by the Contracting Officer as required and will be attached as
an exhibit to this contract and become a part hereof without further action
by either party and, if based on estimated cost, will be subject to revision
when final construction cost is known.
c. Other Federal funds. No repayment credit of any kind whatsoever
will hn allowed the City for expenditures financed by, involving, or
consisting of, either In whole or in part, contributions or grants of
assistance received from any Federal agency in providing any lands or
facilities for recreation hereunder.
d. Adjustments to reflect actual costs. The dollar amounts set forth
in this Article are based upon the Government's west estimates and are
subject to adjustments based on the costs actually incurred. Such estimates
are not to be construed as representations of the total financial responsi-
bilities of each of the parties.
S
e. A - trance fu 4' ; Cur ~ ~nLracC Tire r:[,ty ,,1 >v.nts
all principal and interest payments contracted hereunder shall be secured
by a pledge of surplus revenues of the City's Waterworks and Sanitary Sewer
System remaining after payment of all expenses of operating and maintaining
such system and after providing for payment of all debt service, reserve,
or other requirements in connection with the City's Waterworks and Sanitary
Sewer System Revenue Bonds now outstanding or those hereafter issued on a
first lien basis or on such other basis as may be approved by the Contracting
officer, provided, that in the event such surplus revenues may become or are
insufficient to meet the payments contracted hereunder, the City shall fix
and collect such rates and charges for services of said combined system as
will make possible the prompt payment of all the aforementioned requirementr-
including payments contracted hereunder. Payments made by the City as
Project recreation development cost shall be regarded as capital expenditure-.
f. Allowable costs. Allowable costs by the City shall include all items
of expense properly chargeable to the development of recreation facilities
under the "Plan of Recreation Development and Management, including but not
limited to engineering, labor, materials, transportation, insurance, overhead
charges properly allocable to the work, supervision, surveys, permits, rental
of tools and equipment and ma(hinery employed in the work, torether with such
other itc+rs of expense as should, in the opinion of the Contracttng Officer,
be included in the cost of the work. £cr the purpose of determining
expenditures made by the City, the City shill provide at the end of each
Government fiscal year properly certified invoices, in quadruplicate,
supported by such evidence of payment made by the City as may be required by
the Contracting Officer. All original tirec,ards or payrolls, material recr,rds,
and accounts for all charges and expenditures by the City, which are subjera:
to equalization, shall be available at all reasonable times to allow the
Government to check and audit the invoices submitted by the City. So for as
practicable, separate records shall be maintained by the City on all items
and accounts which shall constitute the basis of information from which the
invoices shall be prepared.
ARTICLE 4. Construction •ind operation of additional facilities.
Certain types of facilities, including but not necessarily limited to
restaurants, lodges, golf coursez, cabins, clubhouses, overntght or vacation
type structures, stables, marinas, swimming pools, commissaries, chairlifts,
and such nimilar revenue producing facilities, m.v be constructed by the
city or by third parties and may be operated by the City or by third parties
on a concession basis, Any such construction and operation of these types
of facilities shall be compatible with all Project purposes and shall be
subject to the prior approval of the Contracting Officer, However, the
city shall not receive credit for such facilities against amounts due and
payable under Article 3, and such facilities shall not be deemed to have
purposes of
been developed or constructed with Government assistance for
Article 2f.
ARTICLE 5. Feegr and charges. The City may asses9 and collect reasonable
fees for entrance to developed recreation areas and for use of the Project
facilities and areas, in accordance with a fee schedule mutually agreed to by
6
the parties. An initial mutually acceptable fee schedule is set forth
in Exhibit C of this contract. Not less often than every five years,
the paLtlcs will ruvit!w rucil SChe:iule :Lj,1, upoi1 ;A,u r, guest )I t,.ltiier,
renegotiate the schedule. The renegotiated fee schedule shall, upon
writtdn'agteement chareto by the parties, supers.de Lxhi'uit C with,.,t
the necessity of modifying this contractual document.
ARTICLE 6. Federal and State laws.
a. In acting under its rights and obligations hereunder, the City
agrees to comply with all applicable Federal and State laws and regulations,
including but not limited to the provisions of the Davis-Bacon Act
(40 U.S.C. 276a-a(7)); the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333); and Part 3 of Title 29, Code of Federal Regulations.
b. The City furnishes.as part of this contract an assurance
(Exhibit D) that it will comply with Title VI of the Civil Rights Act of
1964 (78 Stat. 241, 42 U.S.C. 2000d et seq.) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations. The City agrees also that it will
obtain such assurances from all of its concessionaires.
c. The City furnishes as part of this contract an assurance
(Exhibit E) that it will comply with Sections 210 and 305 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(Public Law 91-646).
ARTICLE 7. Operation and maintenance.
a. The City shall be responsible for operation, maintenance, and
replacement, without cost to the Government, of all facilities developed to
support Project recreation opportunities in areas leased by the City. In
areas leased by the City, the City shall maintain all Project lands, waters,
and facilities in a manner satisfactory to the Contracting Officer and
pursuant to the provisions of any lease or license which may subsequently
be entered into between the parties hereto, with the exception of lands
required for operation of the Project structures as described in paragraph c
below.
b. For the lands and waters to be made available pursuant to this
contract, the City will prepare, and upon approval of the Contracting
Officer, implement plans and programs for effective management of the
forest and range resources of the project, including but not limited to
measures,to control soil erosion, suppress wild fires, control vectors
and pests, and maintain the shoreline of-the reservoir in attractive
condition.
c, The Government or its assignees will operate and maintain those
lands, structures, and facilities such as dams, dikes, spillways, and outlet
works required for control and regulation of the waters stored in the lake,
the access road to the dam, and any Project visitor facilities constructed
7
in conjunction with these works. The Coverrtment will accomplish shoreline
debris for a period of tiro ycarto after lnilt:kl. hnpanndmeat of
water to elevation 632.= feet mc:au sea Leval tu Aubrey k;aku and 522.0 ieol
mean sea level in Lewisville rake.
ARTICLE 8. Release of claims.
a. The Government and its officers and employees shall not be liable
in any manner to the City for or on account of damage caused by the
development, operation, and maintenance of the recreation facilities of the
Project. To the extent that it may legally do so, the City hereby releases
the Government and agrees to hold it free and harmless and to indemnify it
from all damages, claims, or demands that may result from development,
operation, and maintenance of the recreation areas and facilities leased to
the City, except with respect to those functions reserved to the Government
under paragraph c of Article 7.
b. The City shall require its concessionaires to obtain from ark
insurance company, licon;ed in the State of Terns And acceptable to the
Government, liability or indemnity insurance providing for minimum limits
of $50,000 per person in any one claim, an aggregate limit of $150,000
for any number of persons or clalm3 artsing from any one incident with
respect to bodily injuries or death resulting therefrom, and $25,000 for
damage to property suffered or alleged to have been suffered by any person
or persons resulting from operations under any agreement between the City
and its concessionaires.
ARTICLE 9. Transfer or Assignment. The City shall not transfer or
assign this contract nor any rights acquired hereunder, nor grant any
interest, privilege, or license whatsoever in connection with this
contract, without the Approval of the Secretary of the Army or his
authorized representative except as provided in Article 4 of this contract.
ARTICLE 10. Default. In the event the City falls to meet any of
its obligations under this agreement, the Goverment nay tetmt.;Ate the
whole or any part of this contract and any lease or license granted to the
City for accomplishing the purpose of this agreement. The rights and
remedies of the Government provided in this Article shall not be exclusive
and are in addition to any other rights and remedies pruvided by law or
under this contract.
ARTICLE 11. Examination of recordq. The Covetnmcnt and the City
shall maintain books, records, documents. And other evidvncs pertaining to
costs and expenses incurred under this contract to the extent and in such
detail as will properly reflect All net costa, direct and indirect, of
labor, materials, equipment, supplies, and services and other costs and
expenses of wilatever nature involved therein. The Government And the City
shall make available at their offices At reasonable times the accounting
records for inspection and audit by an authorized representative of the
y parties to this contract during the period this contract is in effect.
8
ARTICLE 12. Relationship of parties. The parties to this contract
act in in independ rt c117)!rity in the rerf I,",nre of their respective
functions under this euntcacL uad ul-,Wu-r ,,rrLy i ; to b.. A- r-,1 S1:r,
officer, agent, or employee of the other,
ARTICLE 13. Inspection. The Government shall at all times have the
right to make inspections concerning the operation and maintenance of the
lands and facilities to be provided hereunder.
ARTICLE 14. Officials not to benefit. No member of nr delegate to
the Congress, or Resident Cotnmissionert shall be admitted to any share or
part of this contract or to any benefit that may arise herefrom; but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
ARTICLE 15. Covenant against continent fees. The City warrants that
no person or selling agency has been employed or retained to solicit or
secure this contract upon agreement or understanding for a ceriL;%ion,
percentage, brokerage, or conttnt;ont fete, .,;eptinr, bona fide empluyees
or bona fide established co=iercial or selling agencirn maintained by the
City for the purpose of seriring butlnocro. For brcn(h or vt,,latton of
this warranty, the Government shall hrtvv 0- rinfit t.) ,vnrrtl thtt contract
without liability or in Its discretiun to .i!l t~, the contract price or
consideration or otherwise recover the full a:on,nt of uh ,,.:omission,
percentage, brokerage, or contingent (ee.
ARTICLE 16. Environmental yralic}_.
a. In furtherance of the purpose n:id ;,lacy of the National
Environmental Policy Act of 1969 (public ::w 91-190, 42 U.S.C. 4321,
4331-4335) and Executive Order 11514, entitled "Protrction and Enhancement
of Environmental Quality", Harch 5, 1970 05 Federal Register 4247, March 1,
1970), the Government and the City recognize the importance of preservation
and enhancement of the quality of the environment ani the elimination of
environmental pollution. Actions by either party will be after consideration
of all possible effects upon the Project enviro=entnt tesour.co and will
incorporate adequate and appropriate ce.v,ures to intnt r that the quality
of the environment will not be degraded or unf.tvoratilr altered.
b. During construction and uperatir-u undertaken by either party,
specific actions will be taken to control environmental pollution which
could result from their activities and to rutaply with nppliceble Federal,
State, and local laws and regulations concerning environmental pollution
Particular attention should be given to (1) reduction of air pollution by
control of burning, minimization of dust, containment of chemical vapors,
and control of engine exhaust gases and smoke from temporary heaters;
(2) reduction of water pollution by control of sanitary facilities,
storage of fuels and other contaminants, and control of turbidity and
siltation from erosion; (3) minimization of noise levels; (4) onsite and
offsite disposal of waste and spoil; and (5) prevention of landscape
defacement and damage.
9
ARTICLE 17. Value of land and facilities. If the parties hereto
cannot agree on the fair rlarket value of any lands or facilities and ermine
otherwi3e resolve such differences, each patty shall name ass appraiser and
the two appraisers so named shall name a third appraiser, and, tha decisicw
of at least two of such three appraisers as to the fair market value shall
be final and conclusive upon both parties.
ARTICLE 18. Lri~ctive date. This contract shall take effect upon
approval by the Secretary of the Army or, his authorized representative.
ARTICLE 19. Alternate local sponsor. The City and the Government
hereby recognize that the State of Texas, by its Parks and Wildlife Department,
may desire the use of all or a portion of the recreatiit facilities of the
Project. The City agrees that the.Government may negotiate P. contract between
the Government, the State, and the City for this purpose. Upon any such
contract coming into force and effect, the Government shall delete from this
contract and the lease described in Article 2e such payments and responsi-
bilities as have been contracted for by the State. Modification of this
contract to reflect deletions under this article shall be by supplemental
agreement.
10
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the d,1y r!czd year fir-t. rnia writtrn.
APPROVED: THE UNITED STA ES OF AMERICA
0
Assistant Donald J. Palladino
Secretary of the Army (CW) Colonel, CE
Contracting Officer
~ ~ f fF '~~0
i S AUuuST Date 1;~gp
CITY OF DENTON$ TEXAS
B
y
R Ct 1RD '0S] .WART
Mayor
1, Brooks Holt, certify that I am the City Secretary of the City of Denton,
Denton County, Texas, named as City herein; that Richard 0. Stewart who
signed this contract on behalf of the City of Denton was then Mayor of the
City of Denton, Texas; that said contract was duly signed for and on behalf
of the City of Denton, Texas by authority of its governing body and is
within the scope of its legal powers.
IN WITNESS WHEREOF, I have !,.ereunto affixed my hand and the seal of Said
City of Denton, Texas this t t"day of /7U6 198'0.
1. Bro s Holt
Secretary
City of Denton, Texas
7
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Contr7ct. No. DAr,„063-80-C-0107
AUBREY AND LEWTSYILLE LAKES A'U6 1 5 19uU
EXHIBIT B
PAYMENT SC11EDt1LE - INITIAL DEVELOPMENT
PMT. PAYMENT TO PAYMENT TO TOTAL BALANCE
NO, INTEREST PRINCIPAL PAYMFNT DIIF -c
r 2495300.00
i 0.UO 1/3140.15 173140.75 2322159,25
2 167427.68 5713.07 173140675 2316446.18
3 167015.77 6124.98 173140.75 2310321.20
4 166574.16 6566659 173140.75 2303754.61
5 166100.71 7040.04 173140.75 2296714.57
6 165593.12 7547.63 173140.75 2289166.94
7 165048.94 8091081 173140.75 2281075.13
8 164465.52 8675.23 173140.75 2272399.90
9 163340.03 9300.72 173140.75 2263099.18
10 163169.45 9971.30 173140.75 2253127.88
11 162450.52 10690.23 173140.75 2242437.65
12 161679.75 11461.00 173140.75 2230976.65
13 160853.42 12287.33 173140.75 2218609.32
14 159967.50 13173.25 173140.75 2205`16.07
15 159017.71 14123.04 173140.75 2191393.03
16 157999.44 15141.31 173140.75 21762:11.72
17 156907.75 i6233.00 173140.75 2160018.72
18 155737.35 17403.40 173140.75 2142615.32
19 154482.56 18658619 17314(`.75 2123957.13
20 153137.31 20003.44 173140.75 2103953.69
21 151695.06 21445.69 173140.75 2082508.00
22 150148.83 22991.92 173140.75 2059516.08
23 148491.11 24649.64 173140.75 2034866.44
24 146713.87 26 46.88 173140.75 2000439.56
25 144808.49 28332.26 173140.75 1:80107.30
26 142765.74 30375.01 173140.75 1940732.29
27 140575.70 32565.05 173140.75 1917167.24
28 138227.76 34912.99 173140.75 1882254.25
29 135710.53 37430.22 173140.75 1844824.03
30 133011.81 40128.94 173140.75 1804695.09
31 130118.52 43022.23 173140.75 1761672.86
32 127016.61 46124.14 173140.75 1715548.72
33 123691.06 49449.69 173140.75 1666099*03
34 120125.74 53015001 173140.75 1613084.02
35 116303.36 56837.39 173140.75 1556246.63
36 112205638 60935.37 173140.75 1495311.26
37 107811694 65328.81 173140.75 1429982.45
38 103101.73 70039.02 173140.75 1359943.43
39, 98051.92 75088.83 173140.75 1284054.60
40 92638.02 80502.73 173140.75 1204351.87
41 86833.77 86306.98 173140.75 1110044.69
42 80611.04 92529.71 173140.75 1025515.18
43 73939.64 99201.11 173140.75 926314.07
44 66787.24 106353.51 173140.75 0199604;16
45 59119.16 114021.59 173140.75 705930.97
46 50898.20 122242955 173140475 583696.42
47 42084.51 131056.24 173140.75 452640.18
48 32635.36 140505.39 173140.75 312134.79
49 22504.92 150635083 173140.75 161498.96
` 50 11644.08 161498.96 173143.04 0400
B-1
1
Contract No. DACW63-80-C-0107
3RLY AND LEVISVILLE iAiC~S
EXHIBIT C,
FEE SCHEDULE
1. Entrance it - annual (12-month sticker) $12.00
2. Entr -rmit - restricted annual (12-month sticker
good one selected park) $8.0'1
3. Day use - entrance fee (i.e., sightseeing, picnicking,
swimming, water skiing, etc.) per car or vehicle per day $2.00
4. Overnight camping - basic unit (table w/shelter, trash
can, fireplace, water, surfaced camp pad) (first come,
first served basis) per vehicle unit per 24-hour period $3.00
5. Overnight camping - basic unit plus electrical and water
connections (first come, first served basis) per vehicle
unit per 24-hour period $4.00
6. Overnight camping - basic unit plus electrical, water,
and sewer connections (first come, first served basis)
per vehicle unit per 24-hour period $5.00
1. Annual group permit $I5.00
C-1
Contracr rlo. PACW61-80-0-0107
AUBREY AND LEWISVILLE LAKES
i
E.VIIBIT D
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, Texas (hereinafter called "Applicant-
Recipient") HEREBY AGREES THAT it will comply with title VI of the Civil
Rights Act of 1964 (Public-Law 88-352) and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CFR Part 300,
issued as Department of Defense Directive 5500.11, December 28, 1964)
issued pursuant to that title, to the end that, in accordance with title VT
of that Act and the Directive, no perscn in the United States shall, on
the ground of race, color, or national origin be excltided from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Array Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will iciredlately take any measures necessary
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant - Recipient by
the U. S. Army Corps of Engineers, assurance shall obligate the Applicaot-
Recipient, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a
purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If any
personal property ir, co provided, this assurance shall obligate the
Applicant-Recipient for the period during which it retains ownership or
possession of the property. In all other cases, this assurance shall
obligate the Applicant-Recipient for the period during'which the Federal
financial assistance is extended to it by the U. S. Army Corps of Engineers.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal grpnts, loans, contracts, property, discounts,
or other Federal financial assistance. extended after the date hereof to the
Applicant-Recipient by the Department, including Installment payments after
such date on account of arrangements for Federal financial assistance which
were approved before such date.
The Applicant-Recipient recognizes and agrees that such Federal Issistanre.
will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
D-1
Judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assipnees; and the
person or person: w;,jsc ;;1 Fnatures apply L' b.:.l ou ar% aw.hc Lzr_d to sign r1a:i
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
4 C' 1
Dated U - 6 d By
CHARD 0. EWART
Mayo
ATTEST.
_---y
/06 t
Secretary
City of Venton, Texas
D-2
i
Contract No. DACW63-80-C-0307
AUBREY AND LEWISYILLE LAKES
EXHIBIT F,
ASSURANCE OF COMPLIANCE WITH SECTIONS 210 AND 305
OF THE 144IFORM It ELOCAT IO.N A5SI ;i'A'~CE: AND RE.V. Pi fA't aTY
ACQUISITION POLICIES ACT OF 1970 (PUBLIC LAW 91-646)
As i part of Contract No. DACW63-80-C-0107 and pursua,t to the telow cited
provisions of the Uniform Relocation Assistance and Veal Property Acquir.itlou
Policies Act of 1970, Public Law 91-646, 84 Stat. 1894 (hereinafter cited a,
the Act), the City of Denton, Texw;, horeby Aeri,- to:
1. Provide fair and roasonable relocation paynents and anststancc for
displaced persons, as are required to b.- provid.•J by i Federal agency under
Sections 202, 203, and 204 of the Act,
2. Provide to such displaced persons re-Ior,rtion ahe,istance prograris
offering the services described in Section 105 of the A•r,
3. Assure that within a re.sonablr. period of tlee prior to displacerient,
decent, safe, and sanitary replacement dwolft ngs wirl be available to dis-
placed persons in accordance with Section 205(c)(3) of the Act,
4. Be guided, to the greatest extent practicable ,nder State law, by
the land acquisition policies in Section 301 of the Act Ind the provisions
of Section 302 of the Act, and,
5~. Pay or reimburse property owners for necessary expenses as specified
in Sections 303 and 304 of the Act.
THE CITY OF DENTON, TEXAS
1
Dated S - ~(J By_ ~ - 'lei
IU 0. S 'WART
Hayo
ATTEST:
Brooks Holt
Secretary
City of Denton, Texas
E-1
Contract No. DACW63-80-C-0107
AUBREY AND LEWISVILLE LAKES
E)GHBIT F
OPINION OF COUNSLL
I have reviewed and approved contract number DACW63-80-C-0107 between
the United States of America and the City of Denton, Texas.
Particularly I have considered the effect of Section 221 of Public Law 91-631
(42 U.S.C. 1962d-5b) and am of the opinion that the City of Denton, Texas
has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute.
Dated yY a L G 'zl"
C. J. Taylor
City Attorney
City of Denton, Texas
V
I-1
Contract No. DACW63-76-C-0107
AUBREY AND LEWISVILLE LAKFS
EXHIBIT G
LEASE AGREEMENT
THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of
Congress approved 22 Dec.^:mber 1944, as amended (16 USC 460d), and the
Federal Water Project Recreation Act, 19 Stat. 214 (16 USC 460°-13), and
pursuant to a contract entered into on , by and between
the United States of America and the City of Denton, Denton County, Tp_xAs,
(hereinafter referred to as The Contract), hereby grants to the City of
Denton, Texas, hereinafter referred to as the lessee, a lease for a period
of fifty (50) years commencing on and ending on
to use and occupy approximately acres of land and water areas
under the primary jurisdiction of the Departcent of the Army in the Project
Area, hereinafter referred to as the premises, as shown on attached
Exhibit , attached hereto and made a part hereuf.
THIS LEASE is granted subject to the following conditions:
1. The lessee shall conform to -mch regulations as the Secretary of
the Army may issue to govern the public use of the project area, and shall
comply with the provisions of the above cited Acts of Congress. The lessee
shall protect the premises from fire, vandalism, and soil erosion, and ray
make and enforce such regulations as are necessary and within its legal
authority, in exercising the privileges granted in this lease, provided
that such regulations are not inconsistent with those issued by the Secretary
of the Army or with provisions of the above cited Acts of Congress.
2. The lessee agrees to administer the land and water areas inclu:ed
in the lease for recreation purposes, and to bear the costs of optc-+tios,
maintenance and replacement of all facilities and improvements on tt.l•.
premises at the commencetent of this lease or added during its term. As
used in this lease, the term "replacement" shall be construed to mean the
replacement in whole or in part of any structure or improvement so worn or
damaged by any cause as to no longer adequately serve its designated function
with normal maintenance. The lessee shall be guided by an Annual Plan of
Operation and Maintenance in furtherance of the Plan of Recreation Development
and Management adopted pursuant to Article 2c of The Contract and by this
reference made a part hereof. On or before the anniversary date of the
lease each year, the parties shall agree on the Annual Plan which aha:l
include but is not limited to the following:
a. Plans for management activities to be undertaken by the lessee
including improvements and other facilities to be constructed thereon in
accordance with The Contract.
C-1
11 3:
b. Report of the management, maintenance and development accomplish-
C11' thr_ Th! prrccdlnt•, tr.
c. Significant modification] of policies or procedures which have
developed or are to be applied.
d. Minor modifications to the Plan of Recreation Development and
Management (major modifications to be accomplished by amendment of the
plan).
3. In addition to the fees and charges authorized under the provlgfons
of Article 5 of The Contract, the lessee and his sublessees rvVy c duct r,"rt,
revenue producing activities as are within the scope of Article 4 of T:.r
Contract. Except for timber salvaged and sold by the lessee whan in the
way of construction, all sales of forest prr.!"ct-i will h.• ~ond„cte] by t1w
Government and the proceeds therefrom shall not be available to the lessee
under the provisions of this lease. The lessee will relorve at Ioast 4nP
area at which access to the waters and 0,ores of th. ro•sErvotr Mly hP
reached without imposition of fees of any kind. No facilities ve,Al t
provided at this area by the, lessee, but notr_tl n.ttntcn.vtce tnd clean-"p
will be provided.
4. That upon the cocttencement of thLt base the part le!t hereto r.r all
cause to be made an inventory of all improvcr.ents Cnngtr•icted In vhole or
in part with Federal funds under the tetmq of l'he Contract. Froca ti -e to
time there shall be added to saict inventory such additicn.tl improvener.;r.
as may be constructed pursuant to the nforessid contract. Certain ty{es
of "Additional Facilities", including bit not limiked to restaurants, lodges,
golf courses, cabins, clubhouses, overnlght or vacation type structutts,
stables, marinas, swimming pr,ols, commissaries, chairlifts and such r.imilar
revenue producing tfacilitieri constructed under the authority of Article 4 of
The Contract shall not be added to this inventory. The inventory of
improvements shall includ: descriptions and drawings sufficient to permit
their identification and condition, and to replace them if required during
the term or on the expiration or termination of this lease. Said Inventory
and all amendments thereto shall be approved in writing by authorized repre-
sentatives of the parties hereto and shrtll thercupun become a part of this
lease as if originally annexed.
5. The lessee may grant permits and licenses, and sublease all or
portions of the leased property for purposes which are consistent with the
terms and conditions of this lease and with the Plan of Recreation Development
and Management. All such grants shall state that they are granted subject to
the provisionrs of this lease. On lakes where concessions are operated
under leases granted by the Government or by its other grantees, the tcrmq
and conditions of permits, licenses, and subleases granted by the lessee
for revenue producing purposes shall first be approved by the District
Engineer in writing. In order to protect the investments of sublessees,
the District Engineer is authorized to approve suble.,lses which require the
Government to continua to honor such parts of the subleases which may be
G-2
I
necessary to assure the. continuation of thr r,ublensed activities upon a
defa,.ilt which would re, u l t in rt rcvoe r_ioo -J f. ir: ; rii,.: lra . a;ler
Condition 15 hereof.
6. No permits, licenses or subleases will be granted to adjacent
private property owners for use, alteration, improvement, addition of
facilities, or any other purpose which would confer upon them privileges
not available to the general public or which would infer or imply exclusive
private use of public lands. Any permits, icenscs or subleases g n;rnted to
adjacent private property owners for use, alteration, improverirent, ad'litiuii
of facilities, or any other purpose will he conditioned such as:
a. Not to restrict use thereof by the general public.
b. To permit free and unirnpedrd pass.y.(! alone, the 5hurv.
c. To be compatible with the Project Mater Plan, Forest Xanagcmew
Plan and the Environmental Impac, .tat(acnt ad(,ptrd for thr_ prof, t..
d. To have signs posted to the effect that "This is publta property
open to general public use."
7. The lessee shall establish rani malr.tain adequate tecords and
accounts and render annual statcaents of tProiptg and expenlit-rres to tho
District Engineer, except for annual or weakly entrance fees which tilso
are honored at other recreational areas operated by the lessee. The Irlstrlrt
Engineer shall have the right to perform audits of the lessee's reccrds nnl
accounts, and to rec,,Ire the lessee to audit the records and accounts of
sublessees, and furnish the District Engineer a copy of the res,ilts of such
an audit.
. 8. The rates and prices charged by the lessee or Its grantees fir
revenue producing activities shall be reasonable and comparable to rAtes
charged for similar goods and services by others in the co:xtr,nity and on
the lake. The Government shall have the right to review such rates and
prices and require an increase or reduction where It finds the objective of
this paragraph has been violated.
9. The right is reserved to Cie United States, its officers, agents,
and employees, to enter upon the premises at any time to make inspections
concerning the operation and maintanance of the lands and facilities pro-
vided hereunder, and for any purpose necessary or convenient in connection
with river and harbor and flood control work, and to remove timber or other
material required for such work, to flood the premises when necessary, and/or
to make any other use of the land as may be necessary in connection with pub-
lic navigation and flood control, and the lessee shall have no claim for
damages of any character on account thereof against the United States or
any agent, officer or employee thereof.
10. The United States shall not be responsible for dumages to property
or injuries to persons which may arise from or be incident to the exercise
of the privileges herein granted, or for damages to the property of the
c-3
lessee, or for damages to the property or injuries to the person of the
Officers, n,i,ntr, so!".'adtS, ~1' nc7p1 ny4C:i or ott,^r.^ who nay be on
the prises at their fnvitatLua or Lke invitaLion of auy one of Lhe:a,
arising from Jr incident to the flooding of the premises by the ^.overnment
or flooding from any other cause, or arising from or incident to any other
governmental activities, and the lessee shall hold and save the Government,
including its officers, agents, and employees, harmless from any and all such
claims, not including damages due to the fault or negligence of the Govern-
ment or its contractors.
11. The lessee or its grantees shall not discriminate against any
person or persons because of race, creed, color, sex, age or national ori-
gin in the conduct of its operations hereunder. The lessee has furaished
as part of The Contract an assurance that it will comply with Title VI of
the Civil Rights Act of 1964 (78 Stat. 241) and Department of Defense
Directive 5500.11 issued pursuant thereto and published as Part 300 of
Title 32, Code of Federal Regulations, and all grantees shall supply like
assurances.
12. This lease is subject to a1L existing eascm.~nts, and castments
subsequently granted, for roadways, and utilities and for other purpusev
located or to be located on the premises, provi0ed that the- proposed grant
of any easement will be cooW inated with the lessee and casr-ents will not
be granted which will, in the opinion of the District Engineer, tntertere
with developments, present or proposed, by the lessee.
13. The lessee shall comply promptly with any regulations, conditions
or instructions affecting the activity hereby authorlrcd if and vh-in issued
by the Environmental Protection Agency and/or a State Water Poliutton
Control Agency having jurisdiction to abate or prevent water pollution.
Such regulations, conditions or instructions in effect or prescribed by the
Environmental Protection Agency or State Agency are hereby made a condition
of this lease.
14. This lease may be revoked by the Secretary of the Army in the
event the lessee violates any of the terms and conditions of tilt lease
and continues and persists therein for sixty (60) days after n,)tice thereof,
in writing, by the District Engineer. Such a termination shal, not derogate
or diminish such other remedies in law a :ay be available to the Government
and in no way shall it act to relieve the lessee of his responsibilities and
obligations under The Contract. In lieu of revocation, the District Engineer,
in his discretion, upon a finding that a violation constitutes a health or
safety hazard may suspend the use of that operation or facility until such
deficiency is rectified.
15. On or before the date of expiration of this lease, the lessee
shall vacate the premises, remove its property therefrom, and restore the
premises to a condition satisfactory to the District Engineer. If, however,
this lease is revoked, the lessee shall vacate the premises, remove its
property therefrom, and restore the premises as aforesaid within such time
as the Secretary of the Army may designate. In either event, if the lessee
c-4
shall fail or neglect to remove its property and so restore the premises,
thu,.t CCs prop-,i.ty E,itulI betiv, prep, rty of tl.c lithe; : ' r,; ':ritltout.
compensation therefor, and no claim for damages against the United States,
or its orficers or agents shall be created by or Made on account thereof.
16. All notices to b~ given pursuant to this lease sl_all be addressed,
if to the lessee, to
if to the Government, to Fort Wort` District, CorDs of Engineers, PO Sox
17300, Fort Worth, Texas 76102, or as may front time to time be directed
by the parties. Notice shall be deemed to have bean duly given if and when
inclosed in a properly sealed envelope or wrapper, addressed as aforesaid
and deposited postage prepaid (or, if mailed by the Goverruaent, deposited
under its franking privilege) in a post office or branch post office
regularly maintained by the United Sta`;s Government.
17. That at the time of the commencement of this lease, the lessee
will obtain from a reputable insurance comp:iny, acceptable to the Govertment,
liability or indemnity insurance providing for minimum limits of $50,000.00
per person to any one claim, and an aggregate limit of $150,000.00 for any
number of persons or claims arising from any one incident with respect to
bodily injuries or death resulting therefrom, and $25,000.00 for damage to
property suffered or alleged to have been suffered by any person or persons
resulting from the operations of the Lessee under the terms of this Jtase.
IN WITN::SS WHEREOF I have hereunto set my hang by authority of the
Secretary cf the Army this day of 19
G-5
,tr.~
THIS LEASE is also executed by the lessee this day of ,
19
(SEAl~
(Post Office Addressi
Sighed and sealed in the presence of:
(?o-St Office Addtcss)
Signed and sealed in the presence of:
d
i
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•ll
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A 27
s..wr, of c.aLae/
JAGOE ABSTRACT COMPANY, INC.
A STEWART TITLE COMPANY
WILLIAM H. PERRY P.O. Box 267
President September 12, 1980 Donlon. Texas 76201
Area Coda 6a 7/317-0516
City of Denton
Engineering Dept.
Denton, TX 76201 RE: our GF B-6938
Purchase from Roy Houghton
Attention: Roger Wilkinson
Dear Roger;
Enclosed please find Owner's Title Policy No. 0 1290302 A, covering
the captioned transaction in the insured amount of $650000.7)0.
If we may be of any further assistance to you in this or any other
matter, please feel free to call on us at any time.
• Yours very truly;
JAGOE ABSTRACT COMPANY, INC.
BY:
ell
enc.
r ,eras.
T•1 Owner Policy-Form Prescribed by State Board of Insurance of Texas-Revised 7.1.1980.
Skh
. _
- s
X-3 I
AV A
I+ GP B-6938 L A, A lr ~f~ Fl, I T L E
GIt AIt A N'TY UO%1 PA N Y
STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby
guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the
q estate or interest in the land described nor referred to in this policy.
, t
~ i
The Company shall not be liable w a greater amount than the actual monetary loss of the Insured, and in no event shall
3 the Company be liable for more than the. amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its r
i own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall { f
r not be required to defend against any claims based upon matters in any 110001•' rxay,t~,i 0004-, this fK,f,cy by tee excep r F
y 'r tions in Schedule B hereof or excluded by Paiagiaph 2, " Exdusiuns frorn Glr"iaga of tfus Puhcy", of Ow Conditions and r
ti Stipulations beieof. The pally or parties entilled to such defense shall within a rvasonahlr t mr after the commencement
~ of such action or proceeding, and in ample tone for defense therein, give tha (,onni,ery r,iiticn notice of the Ix,nd,mcy of ~
the action or proceeding, and authorl:y to defend. The Coml+any shell not tM li:rh1r until wrh alv,,rse interest, clam, of
right shall have been held valid by a court of last resort to which either litigaiit ma'r' app'y, and 41 such ariveise interest,
{ claim, or right so established shall be for less than the whnle of the estate or wo,rrst in thr land, then the hili of the
{ Company shall be only such part of the whole I.audity limited above as shall bo,ir the same rat o :o the whole tiabihty that
{ the adverse interest, claim or right established may hear to the whole estate or interest Pit the land, suU) ratio to be bawd
on respective values determinable as of the date of this policy. In the absence of nolrt^ as duresaul, the Company is re-
lieved from all liability with respect to any such interest, clam or right. Ixov drd, hnwevrr, that fadwr to notify shall not
prejudice the rights of the Insured if such Insured shall not be a party to such at l nn or procrol nq nor br served wilh Igo
f cess therein, nor have any knowledge thrreof, not in any case, unless the G,rnpany short IN' utua!iv i rLcrd by such r
l failure.
' t Upon sale of the estate or interest in the land, this (x,bcy aub,n,athcarly tlnnrulx,n than I rconr a warrantor's policy
and the Insured shall for a period of twenty fore years from the date hereof rrma n fully Ixnirttrd arrc,rrt,nr7 to the trims
hereof, by reason of the payment of any loss, he, they of it tray suslam on actnunf of a1y rvaoranty of tin- contained ,n the
transfer o° conveyance executed by the Insured conveying the estate or orii st in Irv lard The Company shalt be fable
q under said warranty only by reason of defects, hens or encumbrances existaig prior to or at the date horfrof and not excluded
{ either by the exceptions or by the Conditions arsd Svoulatlons hereof, such ball nut to exrreJ the arrsount of this policy.
3{ IN WITNESS HEREOF, the STEWART TITLE GUARANTY CObIPANY has uun^d the Ix,l,cv in be rxeculrf toy its
S Chairman and President under the seal of the Company, but this policy n Io IM salad only ..,hen it heats an aulhorored
countersignature, as of the date set forth in Schedule A.
,
f Srl'1211' T1'1 IJ.;
r nharre it Tr xosrrexs
olooli
Chairman of the Boat) t ~1Dj`~/y Pres dent
Coumerupned 3f ~.e.0
JAGOE ABSTRACT COMPANY ~~tsoe s
•tIXAx
01290302
58 1 (Ras, 7 1 eul -
l
GENERAL CONDITIONS AND STIPULATIONS II
1. Definitions Insured were a purchaser for value without knowledge; !
The following terms when used in this policy mean: or the homestead or community property or survivorship IIII
(a) "land": The land described, specifically or by rights, it any, of any spouse of any Insured.
reference, in Schedule A, and improvements affixed thereto
which by taw constitute real property. 3. Defense of Actiuns
(b) "public records": Those records which impart (a) In all cases where this policy provides for the defense
constructive notice of matters relating to the land. of any action or proceeding, the Insured shall secure to the
(c) "knowledge": Actual knowledge, not constructive Company 'he riots to o pin i(le c1cl e i- such action or
knowledge, or notice which may be imputed to the Insured proceeding, and all appeals therein, and permit it to use, at
by reason of any public records. its option, the name of the Inrured for such purpose. When-
(d) "date": The effective date, including hour if spaclfred, ever requested by the Company, the Insured shall give the
(e) "insured": The Insured named in Schedule A and, Company all reasonable aid in any such action or proceeding,
subject to any rights or defenses the Company nwy have III elleoi~rnq settlerncnt, securing evidence, obtaining
had against the named Insured or any person or entity who wrtness,'s, or d,,i such aCirtan or procerd,ng.
succeeds to the interest of such named Insured by oi III) 1he Comporly Ni h:,v-I thr right to select counsel
of law as distinguished from purchase, any person or entity of its own chniu, valI~n,v4r It rl ralulrod to defend any
who succeeds to the interest of Stroh named Insure,l toy Jrt,Im W Inoer•fld, ij, dni:f such coon;ul shall have full control
operation of law as distinguished front ptir ChJSO rnCIullInrl 111 ;,iid d, b'r1s,•.
but riot limited to the following: Ill Any acl,oo Ili ri by the Company for the defense
(I) heirs, devisees, drsnrbul,:es, cxcculors and of tl,r 11"I or I„ 4stdYI'j1 th+ title as Insul^d, or !>olh,
administrators, Shill n,n t,r r'.,ii..,!n,• it as e,i n,bn u~,,,, of halnhl and the
Y
(II) the successors in 4nlL'r C51 W d ('Uri,rv .ILOrI Ie;1411on1 (,,)n y'J,iy' ShrIl ,.nl 1r. I„ lif InLr1Il 'u rn, d.'"" rdi of
from merger or consolidation or the dislnbution of the assets wJNe any pr pv•t III of 111 511 ht ,
of such corporation upon partial or complete liquidation,
(Vii) the partnership successors 111 intrn'st lu a gl'rd r.,1 V
or limited partnership which dissolves but docsnot ti•uninatr, (dl i c a n, shall e, .u o1 I," „11 rile r1 I'I C u„d"I 0111%
(iv)the Successors in interest to a g4'nrnal or lirn,ted Il"I I V Ion '.rah l ty v„lir,r,I atr',n~I,1 by the Insured .n
partnership resulting from the drstlibUt,Oll of the ISIIOt of selll,nq ariy cl., to o, Nil to 1,.1 I:,,th„ rr,n;r•r1t of the
such general or limited partnership upon partial or eon,l,1„u' C„n,pa•1y
liquidation; il)1 A1't nd NrIII., ;r 1•1 111 t 1>"'cr, rn rpi pay nN'nlf
(v) the successors in inte,est to ,oi joint v,v,ru'r IIII, III f„r his, hI I I"If r,1. .•.rs, shall (,'(I file the
resulting from the distribution of Ihr ;tWlt of still) ?,)III a'"„i;,,t !v., III II, a of R, alnr,rr,t col 111
venture upon partial or complete ILqu,iluhnn „41 , y h,, 1'1 l., 1,.t r r If or a I C I I.Iy'If n ay
(vi) the successor rI suhstllulo tmit,„ ql a t,u;ill 1y ""I!. I a' y r•'' , 'f 1r r e Ia .,.1, of y,y
named in a written trust i•s!Iofm,nI,oI II•nrlr,;n,ss-,r tr,.It ah„rrrcuII'll
(vii) the successors in interest to a trust✓Q or III I try to a It 11, Ili a,,,I the
resulting from the distnb, Lion of all or pdrl of Ih„ au,'ts of arv.,.1- 1 I. j'a If b= ! I I I,•, r lr.r Yns-rrj Ill such trust to the benehclar,as
thereof, nr4f 111, s L.1 , r
Ill f'., , t Ua, h, Stine
2. Exclusions fr rn the Covrraye of 0145 POI Cy r V r, I„ 1.
11
This policy does not insure against loss or rI ifu.r. I,y I, , l I a ft t, 51•. , a'-1 s lo~pa, 1 nr tr>-lrr of
reason of the following: Lalo, r r, 1.,.„„ n r. ,'c a'. rr r51'.!e•{+n'JS
(a) The refusal Of any j><,rsO1110) rIUrCh,ib„ l4'a'r'r'I Irr.,I r'.r:f to 'l I-, Ira,, seal;
money on the land, t,, ,,,•ll , I, f ;.a / rr • , •fr, a% Tn S„dI
(b) Governmental rights of police jf)W•'r or rrPi4vIII Ira ,-1r Irr r..,r r r rrf I.a,not I of the
domain unless notice of the exerc4se of Sur Is feffrts ap1.,rl I,, 1,,1 , r „r r , v., I•nn, pale
the pubfir records at the date hereof, and the rrr,✓.,";,,41111~i a'I 1..r', r 4.f r, f t s-
r ~r
of any law, ordinance or governmental ferjurat on 4ne1o'f r,! r 1, „f„ or , t, , r r,. ! a in
but not limited to, building and toning Or1l.ndner 5 11 5 I. 1 r 1 ,+n tole
(e) Any titles or rights atoli by auvu„p oft I,, q I'"1.a..It I."a1Gr 1r.1 ♦.1 It r h t "I'll and 1 (half
but not limited in, pefsons, corporations. fpvrlf,rtlr nil 111 1- S it 1 t « r. r ! -1 r qI It A .1 rene 1 a541
other entities to tidelands, or lands comprising the shores or i,e lr,Sr,rnl a }a r1s1 r., s., v., ,f 1,,,f ooi ,I ft%i to such
beds of navigable or perennial rivers and streams, lakes, bays, Ca rn Ihr 1,,SUre.f, -f Ir,twtfro h/ Ire Com(sany, shall
gulfs or oceans, cr to any land extending from the line of If Ia15fr1 t!: Jr.' CIon yyl,y 411 1•I)ilrtt /owl rn'+ f e1 aza,rtt any
mean low tide to the line of vegetation, of to land( bryrnhl Ila'lvrr. of tIf 'II leI ty net rl tart' F11 4 fQtr it, peffe(1 Iuh right
the line of the harbor or bulkhead lines as ettablishrd of of xrt„r.ta•,,,r,, io,f t!,alt Iii I Ili. Q,ml,sny to use the
changed by any government,of to filled in lands, or artificial I name or Ihr ti,twe I ,n at y I'a*sac!Ion Colo lllgtton
islands, or to riparian rights, or the rights or interests of the '11 rv11110h 1 rhrS or rrr,^1 lot
Stale of Texas or the public generally in the area extending
from the line of mean low tide to the line of vegation or then 5 POI.cy Enllre (frntracl
right of access thereto, or right of easement along and arfoss Any action, ar lions or tiV,Ts of eirtil i that Ihr Insured
the same, may have, or may hf,oog "J ntl t w Cnmpaoy, soft song out of
(d) Defects, liens, encumbrances, adverse claims against the status of the 1,110 rnunrd hereunder, ri tie bated on
the title as insured or other matters (11 created, suffered, thr pnuvrs,nns of fins III and sr. notices required to be
assumed or agreed to by the Insured at the dale of this policy, given the Ghmpany, srxl any Natemrnl III Wnfing loe/rUlf Mf to
or 12; known to the Insured at the date of this policy III he fwnrshed the Company, Shall lie alkbetlad to rs at P. 0.
disclosure thereof in writing by the Insured shall have (Men Box 2029, Houston, Texas 71001,
made to the Company prior to the date of this policy; or loss
or damage which would not have been sustained if the G, This 1lol cy is riot lioisfriali
a
S I,1.N%,,\11 1,'1'1r1'Irlof
u.'AOf /PTT 1 11 Me 4of I
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T•1 Own or Policy St he dures - Form Prescribed to State Board of Insurance of TO Kas - Revised 7.1.19JO
ell 9/12/80 SCHEDULE A
OF No. 9--6938
Owner Policy No,: O 1290302 A Date of Policy: September 4, 1980
NAME OF INSURED:
CITY OF D No TEXAS.
Amount:
FORTY FIVE THOUSAND N01100 ($45,000.00) DOLLARS.
1. The tstvte „f in-rest ir. the land insu.,J b} this policy is: (Fee Simple, Leasehold, Easement, etc. Identify
or Describe)
FEE SIMPLE.
2. The land referred to in this policy is described as follows:
is
SEE EXHIBIT "A" ATTACHED HERETO FOR LEGAL DESCRIPTION OF SUBJECT PROPERTY.
SCHEDULE B
This policy is subject to the Conditions and Stipulations hereuf, the lams and cond,t cons of the feasts at
easements insured, d any, shown In Schedule A. and to the bullowing maltas which are add4honal r.cnphons
from the coverage of this Policy:
1. Reel fictive covenants affecting the land described or referred to above
2, Any discrepancies, conflicts, or shortages in area or boundary lines, or my enuoacfoments, a any over.
lapping of improvements.
3. Taxesfortheyear19 80 and subsequent years, and subsequent assessmenisfor pnoryearsdue to changar
in land usage or ownership.
4. The following lien(s) and all terms, provisions and conditions of the instrumentlsl creating or evidencing
said lien(s): NONE.
5. Rights of parties in possession.
6. Undivided 1/2 mineral interest retained in deed dated August 13, 1969
from Wdley R. Sparkman, et ux, Raima J. Sparkman to Veterans Land Board
of the State of Texas, recorded in Vol. 589, paga 525 Dead Records,
fold Denton County, Texas. re+t
7. Easement dated July 17, 1945 from L. H. Moseley et uxa Pauline Moseley
to Denton County Electric Coop., Inc., recorded in Vol. 403, page 3411,
Deed Records, Denton County, Texas.
8. Any visible and s,;Iparent roadway or easement over or across the subject
property, the existence of which does not appear of record.
9. That portion of said tract lying within a public road.
Coun ten ignad
JAG06 AB RACT COMPANY, NC.
nt//.e AF Te t't IN l'A 14T
er - -
Authorised Countasipnawre
581213
an
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,
Roy D. Houghton (Veteran Land Board), agree that a consideration
of $45,000.00 is a fair and agreed value of such described
property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, THAT:
1. The City Attorney is hereby authorized to prepare
whatever legal documents are necessary to complete the transfer
of property so described below from the owner thereof to the
City of Denton:
A tract of land situated in the County of Denton, State of Texas,
being part of the Thompson Survey (A-1238), and being substantially
the same land under contract of sale from the Veterans Land Board
of Texas to Roy D. Houghton dated August 15, 1969 and recorded in
Volume 589 at Page 527 of the Deed Records of Denton County, Texas,
and being more particularly described as follows:
BEGINNING at the corner common to the Roy D. Houghton, et al, and
Lee R. Allison properties situated in the center line of a road
same being the common line between said Thompson Survey and the
C.M. West Survey (A-1361) and a south boundary line for the A.E.
3adua property, said poin: of beginning also being the northwest
corner for a 199.41 acre tract conveyed to D. Sparkman by
Garland Warren by deed dated March 17, 1965 And recorded in
Volume 520 at Page 693 of the Jeed Records of Denton County, Texas;
THENCE along the center Line for said road, same being the common
line between said Houghton property on the right and said Sadua
property and the Avis I. McKenney, et al, properties on the left,
and the common lime between said Thompson Survey on the right and
said West Survey and the B.B.B. and C.R.R. Co. Survey (A-140) on
the left, south 87°59' east, 672.89 feet to a point for the corner
common to said Houghton and the Mable E. Sparkman, et al, properties;
THENCE along the common line between said Houghton and Sparkman
properties, south 02°42' west, 1322.60 feet to a 2-inch iron pipe
for the corner common to said Houghton and Sparkman properties,
situated in the north boundary line for the J.H. Curtis, Jr.,
property;
THENCE along the common line between said Houghton and Curtis
properties, north 87°32' west, 672.80 feet to a 2-inch iron pipe
for the corner common to said Houghton and Curtis properties,
situated in the eastermost boundary line for said Allison property;
THENCE along the common line between said Houghton and Allison
S perties, north 02°42' east, 1317.30 feet to the point of
inning, containing 20.387 acres, more or less, of which
87 acre is within said road.
2. The City of Denton is hereby further authorized to pay
Roy D. Houghton as owner of said described property, consideration
in the amount of $45,000.00 purchase price, plus necessary and
reasonable recording fees.
3. This Resolution shall take effect immediately from and
after its passage and approval in accordance with the provisions
of the Denton' City Charter. XTPASSED AND APPROVED this they'
1980 day of ,
.
RICTU O. STE U. -MAYOR
CIT OF D TON, TEXAS
ATTEST:
BR OLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C.J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TE} S
BY
1 S
CITY OF DENTON, TEXAS
MAYOR AND COUNCIL COM4IUNICATION
DATE SUBJECT
8-19-80 Real Property Acquisition
It is recommended that the City Council authorize the purchase
of real property (as described below) for the purpose of
constructing essential public improvements.
NAME OF PROJECT: Aubrey Reservoir
TYPE OF
ACQUISITION: General Warranty Deed
DESCRIPTION OF
LAND/LOCATION: W.A. Thompson Survey, Abstract No. 1238
ACRES: 20.387
OWNER(S): Roy D. Houghton (Veterans Land Board)
Negotiations have taken place with the owner and owners have
signed a contract for the appraised fair market value in the
amount of $45,000.00.
ACTION NEEDED: Approve Resolution purchasing, the above
described property after reconvening into
open session.
ROGER I
RIGHT OF WAY NEGOTIATOR
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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 sore fully d,-sc-r bed 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, Bill
Lynch and wife, Wilma Louise Lynch, and H. L. Woodburv agree that
a consideration of $210,365.00 is a fair and agreed vaiue 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
City of Denton:
A tract of land situated in the County of Denton, State of Texas,
and being 194,669 square feet of land, more or less, and being all
of the 108,500 squaro feet of land and a part of the remainder of
a 10 acre tract of land situated in the William Lloyyd Survey,
Abstract No. 774 as conveyed to Bill Lynch, et ux, by deeds dated
November 25, 1975 and September 20, 1954, recorded in Volume 766,
Page 111, and Volume 399, Page 65, Deed Records of Denton County,
Texas, and 30,668 square feet of the 35,348 square feet of land
remaining from a one acre tract, situated in the R,B. Longbottom
Survey, Abstract No, 775, as conveyed to Bill Lynch by deed as
recorded in Volume 410, Page 638, Deed Records of said county;
said 194,669 square feet of land, more or less, being more parti-
cularly described by metes and bounds as follows: +
BEGINNING at the northwest corner of the William Lloy: Survey,
Abstract No. 774, said point being north 89°34'30" west a distance
of 209.9 feet from an iron rcd at the northeast corner of a 0,296
acre tract of land conveyed +:o litigh D. Brockett by deed dated
July 1, 1977 and recorded in Volume 838, Page 53, Deed Records
of said county;
THENCE south 89°34'30" east along the north line of said 10 acre
tract and the north line of the William Lloyd Survey a distance
of 109,9 feet to a point for a corner; said point also being the
northwest corner of the aforesaid Brockett tract;
THENCE south 02°10'00" west along the west line of said Brockett
tract a distance of 118.68 feet to a point for a corner ; said
point being the southwest corner of said Brockett tract;
THENCE south 89°50'49" east along the line of said Brockett tract
a distance of 13.83 feet to a point for a corner;
THENCE south 00'22'36" west along :he west right of way line of
Twilight Road (a public road) a distance of 44,16 feet to a point
for a corner; said point being in the south right of way line of
said Twilight Road and the northwest corner of a tract of sand
conveyed to Donald A, Wiggins, et ux, by deed dated May '2, 1974,
recorded in Volume 706, Page 1(S, Deed Records of said county;
THENCE south 01°40'00" west along the west line of said Wiggins
tract a distance of 110.05 feet to a point for a corner; said
point being the southwest corner of the aforementioned Wiggins
tract ;
THENCE south 89°51'00" east along the south line of said Wiggins •
tract a distance of 69.05 feet to n point fo; . ornet in the
east right of way of proposed State Loop 288;
THENCE along the new right of way of State Loop 288 as follows:
South 00°47 48" west a distance of 145.71 feet;
South 89°12'12" east a distance of 40.0 feet;
South 02°34'11" east a distance of 340.59 feet;
South 36°23'36" east a distance of 83.18 feet to a point for a
corner in the north right of way line of U.S. Highway 380;
THENCE along the north right of way line of U.S. Highway 380
as follows :
South 77°29'44" west a distance of 133.20 feet;
South 84°11'03" west a distance of 163.79 feet;
South 89°41'25" west a distance of 179.73 feet to a poi►it for a
corner in the proposed west right of way line of State Loop 288;
THENCE north 03°39'42" east along the north line of the 35,348
square foot tract a distance of 169.77 feet to a point for a
corner in the west oine of the Lynch 10 acre tract;
THENCE north 00°22'02" east along the west line of the Lynch
10 acre tract being the west line of the Willian Lloyd Survey
a distance of 695.57 feet to the point of beginning.
2. The City of Denton is hereby further authorized to pay
Bill Lynch ay.,] wife, Wilma Louise Lynch as owners of said described
property, coisideration in the amount of $210,365.00 purchase
price, plus necessary and reasonable recording fees.
3. This Resolution shall take effect inmediately from and
after its passage and approval in accordance with the provisions
of the Denton City Charter.
PASSED AND APPROVED this the' day of 442-~ ,
1980.
I Of STEWAFXj MAYOR
C I OF DENTON, TEXAS
ATTEST
S ,
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL VORM:
C.J, TAYLOR, JR „ CITY ATTORNEY
CITY OF QENTON, 'EXA
L
BY
K ,
CITY OF GENTON, TEXAS
MAYOR AND COUNCIL COMMUNICATION
DATE SUBJECT
Real Property Acquisition
It is recommended that the City Council authorize the purchase
of real property (as described below) for the purpose of
constructing essential public improvements.
NAME OF PROJECT! Loop 288
TYPE OF
ACQUISITION: General Warranty Deed
DESCRIPTION OF
LAND/LOCATION: Northeast corner of Hwy 380 and Loop 288
•
SQUARE FEET: 194,669
OWNER(S): Bill Lynch and wife, Wilma Louise Lynch (and
N.L. Woodbury - Advertising, Sign)
Negotiations have taken place with the owners and owners have
accepted the appraisal of the fair market value, as provided by
the State Department of Highway and Public Transportation, for
an amount of $210,,365
The City of Denton is required to pay recording fees and the
State of Texas will pay the remainder of the closing costs.
ACTION NEEDED: Approve Resolution purchasing the above
described property after reconvening into
open session.
ROGER N, I
RIGHT OF WAY NEGOTIATOR
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ORDINANCE NO. J*0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING CERTAIN
PORTIONS OF LAND AS A PART OF THE CITY OF DENTON; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, it has been proposed to the City Council or the City
of Denton, Texas, that it is desirable and to the best interest of
the City of Denton, Texas, that the property described herein be
disannexed as a part of said City; and I
WHEREAS, the City of Denton has not been able to and does not
foresee being able to pro,,ide governmental and proprietary
services to the property within the next three years which is
substantially equivalent to the standard of governmental and
proprietary services furnished by the City to other areas similar
in topography, patterns of land utilization, and population
density of the property; and
WHEREAS, it appears that the majority of the owners of the
land more particularly described below are desirous of being
disannexed from the City of Denton, Texas;
All that certain lot, tract or parcel of land lying and heing
situated in the City and County of Denton, State of Texas, and
being part of the H. H. Hagood Survey, Abstract No. S17 and the
William Hudson Survey, Abstract No. 586 and also being part of two
tracts of lana, designated "Second Tract" and "?hirel Tract" as
conveyed from E. D. Massey and wife, Ada C. Hassey to William T.
Smith and wife, Nona Smith by deed dated May 28, 19x0 and recorded
in Volume 284, Page 187 of the Deed Records of Dentin County,
Texas and more particularly described as follows:
BEGINNING at a point in the north boundary line of said "Second
Tract", same being the north boundary line of said If. 11. HagoA
Survey, said point of beginning being 56.81 feet south 890 4S'
west of the west right of way line of the T 6 P Railway Company
and also being the northwest corner of a tract of land as conveyed
from John W. lfoose: to the T 6 p Railway Company by dead dated
February 23, 1929 snd recorded in Volumo 222, Page SS1 of the Deed
Records of Denton County, Texas;
THENCE soul-h 2800S' west along the west boundary lino of said T
P Railway Company Tract, a distance of 785.04 feet to a point
or a corner, same being the southwest corner of said T E P
Railway Company Tract;
THENCE south 610 S5' east along the south boundary line of said
T 4 P Railway Company Tract a distance of SO.00 feet to a point
for a corner, some being the southeast corner of said T 6 P
Railway Company Tract end lying in the east boundary line of the
aforementioned "Second Tract";
THENCE south 280 OS' west along the east boundary line of said
"Second Tract" passing at 1893.00 feet the southeast corner of
said "Second Tract" same being the northeast corner of said "Third
Tract" and continuing south 280 OS' west along the east boundary
line )f said "Third Tract" a total distance of 3,388.50 feet to a
point for a corner, same being the southeast corner of said "Third
Tract";
• 1
• - • 1 1
THENCE north along the west boundary line of said "Third Tract" a
distance of 722.24 feet to a point for a corner in the existing
Denton City Limits sine as established by Ordinance No. 69-40,
said point being 500.0 feet northwest of and perpendicular to the
centerline of U. S. Highway 377;
THENCE north 280 OS' east along the existing Denton City Limits
Line, 500,,,0 feet northwest of and parallel with the centerline of
j . S. Highway 317, a distance ui 3,379.96 Feet to a point for a
corner in the north boundary line of said "Second Tract";
THENCE north 890 45' east along the north boundary line of said
"Second Tract" a distance of 329.47 feet to the place of beginning
and containing 28.67 acres of land, more or less.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I.
(1) That the matters and facts recited herein in the preamble
of this ordinance are hereby found and determined to be true and
correct.
(2) That, pursuant to Article!; 010a and 1175(2), Vernon's
Texas Civil Statutes, the above described property is hereby
discontinued as a part oi' the City of Denton, Texas.
(3) That the City Secretary is hereby authorized and directed
to enter this Ordinance on the ginutes and records of the City of
Denton, Texas, to the effect that said property is disannexed as a
part of the City of Denton, Texas, and after the entry of this
ordinance the said property shall cease to be a part of the City
of Denton, Texas.
SECTION III
That this ordinance shall become effective immediately after
its passage and approval.
PASSEL AND APPROVED this the ~~day of _
G
A. D. 1980.
ST V
CIT OF DE TON, TBXAS
ATTEST:
ITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY
ATTORNEY, CI'T'Y OF DENTON, TEXAS
BY:,
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ORDINANCE NO._"y
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE
AUGUST 9, 1980 PROPOSED MINIMUM SALARY FOR POLICEMEN IN THE CITY OF
DENTON, TEXAS.
THE COJNCIL OF THE CITY OF DENTON, TEXAS HEREBY OaDAINS:
SECTION I.
The City Council finds and declares that the August 9, 1980
proposed minimum salary election for Policemen in the City of Denton
was duly ordered; that notice of such election was duly given,
election officers duly appointed and the election held and the
returns of said election have been delivered to the City Council,
SECTION II.
The official returns of the election officials having been
opened, examined and canvassed, the council finds and declares that
2056 votes were cast at said election and that the number of votes
cast for and gainst the proposition were as follows:
FOR: 948
AGAINST: 1095
SECTION III.
The council finds and declares that the preposition failed to
gaL1 a majority of the votes cast at said election and therefore
failed to pass.
PASSED AND APPROVED this the +4th day of August, 1980.
*IMNTON, HARD Of 7
DETEXAS
ATTEST:
G
)KS HOLTO CITY SECRETAR
CITY OF DENTON, TEXAS
APPROVED IS TO LEGAL FORM:
C.J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON TEXAS
BY:
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No. sa-b3
AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF
DENTON, TEXAS, BY AMENDING SUBPARAGRAPH (c) OF SWTIGN 25.60 Tu
PROVIDE FOR NEW WATER RATES FOR THE SALE FOR RESALE (W-3)
CUSTOMER CLASS; AND DECLARING AN EFFECTIVE DATE OF DECEMBER 1,
1980.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
PART I.
Subparagraph (c) of Section 25-60 of the Code of the City
of Denton, Texas is hereby amended so that the same shall
hereafter read as follows:
(c) Sales for Resale (W-3)
(1) Monti1y Ratet
Customer Charge $93.00 Per Month
Volume Charge $00.67 Per 1,000 Gallons
PART 11.
That this ordinance shall become effective on the let day
of December, 19800 and the City Secretary is hereby directed to
cause the caption of this ordinance to be published twice in
the Denton Record-Chronicle, the official newspaper of the City
of Denton, Texas, within ten (10) days of the date of its
passage. A
PASSED AND APPROVED this the L / day of s ,
1980.
i
C RD 0. ST A , MAYOR
CIT OF D TON, TEXAS
ATTESTt
tAM4
BRO 1 HOLT, CITY SECRFTARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt
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NO. 70 '
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR
ABANDONING THE BELOW DESCRIBED UTILITY EASEMENT; PROVIDING FOR
THE REVERSION Cy' TF' FEE TO S.'1:D LAND; AUT;iORIZ1AG NECESSARY
LEGAL DOCUMENTS TO BE PREPARED AND SIGNEDI AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas,
acting pursuant to law, and upon the request and petition of
the Grantees herein, deems it advisable to abandon and convey
the hereinafter described utility easement to Grantees and is
of the opinion that the original utility easement hereinafter
described Is not needed for public use; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best Intorest and welfare of the public will
be served by abandoning and conveying the same back to Granteq;
NOW, THEREFG;'F., THE COUNCIL OF THE CITY OF DENTON* TEXAS,
HEREBY ORDAINS:
SECTION I.
That the hereinafter described public utility easement be
and the same is, hereby extinguished, vacated and permann,,tly
abandoned as an easement for public utilities insofar, as the
right, title and easement of the public are concerned:
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
b,31ng part of the Robert Beaumont Survey, Abstract No. 31, and
being part of Lots No. 7, 8, 9, 10 6 11, Block A of the Oakhill
Addition an addition to the City and County of Denton, as
recorded in Volume 4, Page 47 of the Plat Records of Denton ,
County, Texas, and more particularly described as follows:
TRACT It Being the south 16 feet of said Lots No. 7, 8, 9, 10
& 11, and being 504.68 feet in length and containing 8074.88
square feet of land, more or less.
TRACT II: Being an 8 feet by 15 feet guy easement in said Lot
sand-containing 120 square feet of land, more or less.
SECTION II.
That the abandonment and conveyance provided for herein
shall extend to the right, title, easement and interest.of the
City o2 Denton, and shall be construed to extend only to that
interest the governing body of the City of Denton may legally
and lawful4y abandon and vacate.
SECTION III.
That this abandonment and conveyance is made subject to
all present zoning and deed restrictions, if the latter exist,
the d,~dlcation of new easements, and is subject to all existing
easement rights of others, if any, whether apparent or non-
apparent, aerial, surface, underground or otherwise.
SECTION IV.
That the City Attorney is hereby authorized to prepare and
deliver whatever legal documents are required with regard to
the area abandoned and conveyed herein, should such be
requested by Grantee hereunder, the same to be executed by the
Mayor on behalf of the City of Denton, and attested by the City
Secretary.
SECTION V.
That the City Secretary is hereby authorized to certify a
copy of this ordinance for recordation in the Deed Records of
Denton County, Texas, and a certified copy of same shall be
delivered to Grantee upon receipt of the fee for publishing
this ordinance.
SECTION VI.
This ordinance shall take effect immediately from and
after its passage and publication in accordance with the
provisions of the Charter of the City of Denton.
PASSED AND APPROVED this the I*Ysday of
1980.
AIR
IC ARD O. STEWAI. , MAYOR
CIT OF DE TON, TEXAS
ATTESTt
MOMS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMi
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
DYt /e2~~ _
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ORDINANCE NO..6Q~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE GRANT
OF AN EASEMENT TO THE TEXAS MUNICIPAL POWER AGENCY AND BRAZOS
ELECTRIC POWER COOPERATIVE, INC., FOR MICROWAVE COMMUNICATIONS
FACILITIES TO BE LOCATED ON REAL PROPERTY OWNED BY THE CITY; AND
MAKING CERTAIN FINDINGS INCIDENTAL THERETO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Texas Municipal Power Agency (TMPA) and Brazos
Electric Power Cooperative, Inc.(Brazos) entered into a microwave
contrast dated September ?6, 1977; and
WHEREAS, certain of the microwave facilities to be
constructed pursuant to such contract are to be located on property
owned by the City of Denton, Texas; and
WHEREAS, it is the desire of this governing body to authorize
the grant of an easement to TMPA and Brazos for the construction of
microwave facilities which will serve as a communications link
between this city, TMPA, and Brazos; and
WHEREAS, it !s the further desire of this governing body to
waive the law of fixtures as it might apply to such microwave
facilities, in order that TMPA and Brazos and not this city should
remain the owner of such microwave facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OENTON,
TEXAS, HEREBY ORDAINS:
!'E:TION 1.
The recitals contained in the preamble hereof are found to be
true and are adopted as findings of fact by this gnverninp body.
SECTION 11.
That this governing body, on behalf of the City of Denton,
Texas, hereby grants an easement to the Texas Municipal Power Agency ►
and the Brazos Electric Power Cooperative Inc., such easement to be
in the form attached hereto as Exhibit A, which exhSbit is made a
part of this ordinance for all legal intents and purposes.
SECTION 111.
That the Mayor of this City of D(!nton, Texas, be and is
hereby authorized to execute such instruments as are necessary to
grant such easement to the Texas Municipal Power Agency and Brazos
Electric Power Cooperative, Inc., and to take such other actions as
are necessary to implement the spirit arm intent of this ordinance.
PASSED AND APPROVED this the Oday of August, 1980.
014
CiT OF DE TON, TEXAS
ATTEST
PH -ft , CITY TARP-'
OF 0ENTON, TEXAS
APPROVED AS TO I.;GAL FORM:
4
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T7VrCOR,14,,R Y
CITY 0 DENTON TEXAS
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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 oelow; 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 owners of said parcel,
George Prock, Gerald W. Tarvin, H. Earl Underwood and Michael
James, agree that a consideration of $4,800.00 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
City of Der,ton:
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. C. Hiram Survey, Abstract No. 616, and
being part of Lot No 1, Block A of the Shady Oaks Industrial
Park an addition to the City and County of Denton, and also
being part of a tract of land as conveyed from Addison Lee
Phluger, Trustee to H. Earl Underwood, Michael W. James, Gerald
W. Tarvin and Gabriel (Milton Daspit, Jr. by special warranty
deed dated August 31, 1979, and recorded i,i Volume 974, Page
191 of the Deed Records of Denton County, texas, and Ga5rlel
Milton Daspit, Jr. to George Prock by deed dated February 14,
1980, and recorded in Volume 1003, Page 703 of the Deed Records
of Denton County, Texas, and more particularly described as
follows:
BEGINNING at the southwest corner of said tract, said point of
beginning being the Intersection of the east right of way line
of Duncan Street and the north boundary line of a private line!
THENCE north 30 32' 20" east along the west boundary line of
said tract same being the east right of way line of Duncan
Street a distance of 120 feet to a point for a cornerl
THENCE south 140 49' 22" east a distance of 126.97 feet to a
point for a corner in the south boundary line of said tract
same being the north bound-icy line of a private road;
THENCE north 850 44' 20" west along the south boundary line
of said tract same being the north boundary line of a private
road a distance of 40 feet to the place of beginning and
containing 2,400 square feet of land, more or leas.
2. The City of Denton is hereby further authorized to pay
George Prock, Gerald W. Tarvin, H. Earl Underwood and Michael
James as owners of said described property, consideration in
the amount of $4,800.00 purchase price, plus any other
necessary and reasonable costs of closing.
3. This Resolution shall take effect immediately from and
after its passage and approval in accordance with the
provisions of the Denton City Charter.
PASSED AND APPROVED this the day of
1980.
C A U. ST T, Y
CIT OFD TON, TEXAS
ATTES
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, •7R., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
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R E S O L U T I O N
WHEREAS, the City of Denton finds it necessary to dispose of a
certain tract of land located in the City of Denton, Texas, and more
fully described below; and
WHEREAS, the below described parcels of land was let for bid on May
13, 1980 and the highest bid of One Thousand Six and No/100 ($1,006.00)
Dollars was awarded to V. W. Redman;
WHEREAS, the City of Denton and purchaser of said parcel, V. W.
Redman, agree that a consideration of $1,006.00 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;
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.C.
Hiram survey, Abst. No. 616, and being a tract of land as conveyed from
Lucy Kimbrell and husband J.W. Kimbrell to the City of Denton by deed
dated May 19, 1953 and recorded in Volume 389, Page 587 of the Deed
Records of Denton County, Texas, and more particularly described as
follows:
Beginning at the northeast corner of said tract, said point of beginning
lying in the east boundary line of said Hiram Survey and also lying in
the south boundary line of an 80 foot right-of-way owned by Texas Power
and Light Company;
THENCE west, along the north boundary line of said tract, same being the
south boundary line of said 80 foot right-of-way, a distance of 150.0
feet to a point for a corner;
THENCE south, along the west boundary line of said tract, a distance of
150.0 feet to a point for a corner;
THENCE east, along tho south boundary line of said tract, a distance of
150.0 feet to a point for a corner;
THENCE north, along the east boundary line of said tract, same being the
east boundary line of said Hiram Survey, a distance of 150.0 feet to the
place of beginning and containing 220500 square feet of land, more or
less.
PROVIDED further that no curb cuts shall be permitted on the above
described tract of land.
2. The City of Denton is hereby further authorized to pay its share
of the necessary and reasonable costs of closing.
3. This Resolution shall take effect immediately from and after its
passage and approval in accordance with the provisions of the Denton City
Charter.
PASSED AND APPROVED this the Lqi&~, day of 1980.
IC A D S E T, MAYOR
ATTESTt
4404 A00100
BROOKS HOLT, CITY SECRETARY
APPROVED AS TO LEGAL FORM
C, J. TAYLOR, JR, CITY
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R E S O L U T I O N
WHEREAS, on the 8th day of August, 19800 Lone Star Gas
Company, a Division of FNSERCH CORPORATION, filed with the City
of Denton, Texas its Statement of Intent to Change Residential
and Commercial Rates in the City of Denton, Texas; and
WHEREAS, pursuant to the provisions of Section 43(d) of
Article 1446c V.A.C.S., the Citj of Denton desires to suspend
the operation of the schedule of rates for a period of one
hundred twenty (120) days beyond the date on which the schedule
of rates would otherwise go into effect in order to gather all
the necessary information and properly review and analyze said
information pertaining to the Statement of Intent to Change
Residential and Commercial Rates; and
WHEREAS, the effective date of the proposed change is
September 1S, 1980.
NOW, THEREFORE, BE IT RESOLVED BY T[IE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
That the effective date for the proposed change in the
residential and commercial rates for gas in the City of Denton,
Texas, by Lone Star Gas Company, a Division of ENSERCH
CORPORATION is hereby suspended for a period of one hundred
twenty (120) days beginning September 1S, 1980, so that the
City will have sufficient time to gather information and review
and analyze the proposed change.
PASSED AND APPROVED this the 19th day of August, 1980.
Cl OF D NTON, TEXAS
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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R E S O L U T I O N
WHEREAS, it is the desire of the City Council to partici-
pate with the Greater Denton Arts Council, the
Denton Chamber of Commerce and the Denton
Historical Committee in the "Denton Spring Fling
Festival" to be held May 1 through May 3, 1981; and
WHEREAS, the purpose of said festival is to enter into a
"partnership" with other organizations for the
mutual benefit of combining talents and resources
to provide people with a memorable and pleasurable
experience; and
WHEREAS, it is the goal of said festival to enhance our
citizens appreciation of Denton, define the
present and reinterpret our shared past, and
invest in the quality of life;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS, THAT:
The City Council of the City of Denton, Texas
joins the Greater Dentol Arts Council the Denton
Chamber of Commerce and the Denton Historical
Committee in co-sponsoring the Spring Fling
Festival.
PASSED AND APPROVED this the 19th day of August, A. D. 1980.
D 0 STEW ,MAYOR
CI Y OF NTON, TEXAS
ATTE :
00[(S HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS -fl
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: C
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THE STATE OF TEXAS
COUNTY OF DENTON) RESOLUTION IN APPRECIATION
CITY OF DENTON ( OF GEORGE KRIEGER
WHEREAS, the Council of the City of Denton is losing one of its
most valued members, G urge Krieger, who served on
the Public Utilities Board as a member and Chairman
from July, 1979 through Jurie, 1980; and
WHEREAS, during said time in office, George Krieger served as the
Public Utilities Boards representative to the Denton
Land Use Committee; Steering Committee Member of
the Denton Long Range Water Supply Study, and Project
Manager on the 1980 Denton Power Supply Study; and
WHEREAS, the City of Denton has been extremely fortuna►^ in
having enjoyed the dedicated and outstanding services of
George Krieger for the time he has devoted to the
Denton Public Utilities Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON,TEXAS:
that the sincere and warm appreciation of George
Krieger, felt by the citizens and officers of the City of
Denton, be formally conveyed to him in a permanent
manner by spreading this Resolution upon the official
minutes of tkd City of Denton and forwarding to him a
true copy hereof.
PASSED AND APPROVED this the 19th day of August, A. D. 19P0.
RICHARD 0. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
B O S HO T, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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THE STATE OF TEXAS
COUNTY OF DENTON) RESOLUTION IN APPRECIATION
CITY OF DENTON . ( OF JIM NASH
WHEREAS, the Council of the City of Denton has lost one of its
most vahied members, Jim Nash, who served on the
Public Utilities Board as a member and Vice Chairman
from July, 1979 until his untimely death on July 17,
1980; and
WHERL'AS, during said time in office, Jim Nash served as the Public
Utilities Board's representati%v to Denton's Research and
Economic Development Board, and Project Manager on
the 1980 Denton Power Supply Study; and
WHEREAS, Jim Nash served his community above and beyond the
mere efficient discharge of his duties in promoting the
welfare and prosperity of the citizens of Denton, and
ec-ned the full respect and admiration of his colleagues
and associates; and
WHEREAS, he was the kind of individual who gave not only his time
and money but took a sincere Interest in the life and
wellbeing of all the people with whom he came into
contact and dedicated himself to D:: proposition of
building a better life within the commu,dt>.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON, TEXAS:
that the sincere and warm appreciation for Jim Nash,
felt by the citizens and officers of the City of Denton,
cause this Resolution to be formally transcribed into the
official minutes of the City of Denton, Texas, dedicated
to the rememberance of Jim Nash.
PASSED AND APPROVED this the 191h day of August, A. D. 1980.
IL ~2 ` '
RICHARD 0. STEW RT, MAYOR
CITY OF DENTON, TEXAS
i
ATTEST:
00 S H , TY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: Par
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS (
KNOW ALL MEN BY 17ihSh 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 Computer
Consulting Company, 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. Prepare f, Run Billing System Test.
B. Perform Maintenance Programming as Directed,
C. Prepare Special Report for Utility Rate Study,
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 ($2S.00) Dollars Per Hour.
B. Ono week after services are performed.
I'
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,
INDEPENDENT CONTRACTOR'S AGREEMENT • PAGE i
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 the Systems,
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
16th day of August, 1980, and end after one-hundred fifteen
(115) hours.
EXECUTED the this jQ 'day of August, 1980.
CITY OF DENTON TEXAS
BY. M
ATTE .
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY: C6'.,~'je Z&
COMPUTER CONSULTING COM;,ANY
CONTRACTOR
BY: ~w_ ~J~m
Daniel B. Smith, is hereby designated as the person to
administer the provision of this reement.
DATE V "
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2
V
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, 1.
C O N T R A C T
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That this contract is made and entere& into this 4
day of 1980, between the City of Denton, Texas,
a Home Rule Municipal Corporation, Denton County, Texas herein-
after referred to is "City", acting herein by and through its
Mayor, and PROFESSIONAL APPRAISAL COMPANY, INC., a Texas Corp-
oration of Arlington, Tarrant County, Texas acting herein by
and through its President; hereafter referred to as "Company".
WITNESSETH
WHEREAS, the City Council of the City of Denton has
determined that thera is a necessity for and that it will be to
the best interest of the said City and the taxpayers generally
to employ experts skilled in the appraisal and evaluation of
property so that all taxable real and personal property may be
properly valued for taxation and the values thereof equalized;
and said City desires to obtain information, data, and assistance
to enable its Tax Assessor-Collector and Board of Equalization
better to perform their respective duties and functions as re-
quired by lawl and
WHEREAS, the appraisal and evaluation of taxable real
and personal properties for ad valorem tax purposes is a special-
ized art requiring training, skill, experience, and expert
knowiedget and
WHEREAS, said City Council of the City of Denton
believes that the Professional Appraisal Company, Inc. and
B. Barney Baker, President thereof, possess special skill,
technical knowledge, and the experience required, essential,
desirable, and necessary for the appraisal of taxable real and
personal properties and the furnishing of expert advice and
assistance to its taxing officials and that it should contract
for the services of Professional Appraisal Company, Inc. and
B. Barney Baker in the amounts hereinafter stated:
NOW, ':yEREFORE, PREMISES CONSIDERED, the parties AGREE
as follows:
1.
City hereby employs the Professional Appraisal Company,
Inc. to make a survey of all properties, real, personal, and
mixed, situated within the boundaries of the City and to estab-
lish values so that a program of annual updating and equalization
of property within the city may be instituted to the extent it
is economical and feasible so that the value of property will be
realistic, fair, and equitable for all ensuing years.
2.
The respective duties of the parties are as followss
A. City AGREESs
1. To provide all building permit information
to Company.
2. To provide Company a list of all new sub-
divisions or additions recorded during the
year and a copy of the plat for each.
3, To provide Company with a list of properties
on which zoning has been changed so that
valuation records in the tax office can be
corrected to reflect the change in zoning.
4. To review all appraisals submit"d by company.
5. To prepare valuation notices as necessary for
all properties on which the value has been
changed.
6. To arrange a tixG and place for the Board of
Equalization meetings and notify Company at
least thirty days in advance in order that
Company may have a representative present.
B. Company AGREES, at its expense: •
1. To measure all newly constructed or altered
buildings, oLtain pertinent data on same, and
make an appraisal on these residential prop-
erties within the city limits from building
permit information.
2. To check the personal property route list by
driving or walking each street, road, or high-
way in the city for the purpose of obtaining
pertinent information on changes, additions, or
deletions which should be made a part of the
personal property route list.
3. To appraise all new commercial and industrial
structures.
4. To review all personal property renditions and
assessments; and to appraise all new or enlarged
firms for personal property values.
5. To appraise all new.pubdivisions filed within
the City.
6. To reappraise all properties on which the
zoning has been changed.
7. To reappraise all areas on which site plans
are accepted by the City.
8. To maintain a sales/analysis/ratio study of
properties throughout the City.
9. To reappraise any property, either real or
personal, deemed needful of adjustment by the
Tax Assessor or the Company,
10. To provide consultation to the Tax Assessor
as needed.
il. To provide for a qualified representative of
the Company to be present at all meetings of
the Board of Equalization.
3.
A. That the Company shall be employed by the City to
provide services herein described. The term of such employment
shall begin on the first day of September, 1980, and shall be
for a period of one year.
B. Assuming the Denton Independent School District
joins in the execution of this contract Company agrees that the
compensation for the joint services to be rendered by Company to
the City and the District shall be in the total sum of $22,500.00
which total sum to be paid in monthly insteillments of $1,875.00
each, of which amount District will pay to Company $1,125.00 there-
of and City will pay to Company $750.00 thereof, with the first
installment due on the first day of September, 1980, and like pay-
ments on the first day of each succeeding month thereafter until
the total sum of $22,500.00 shall have been paid.
C. Should in the conduct of those services for which
Company is being employed, the personnel of Company conduct them-
sel-aes in such a manner as, in the judgment of the City Council
of the City and the Board of Trustees of the District] assuming
District is a party to this contract, to be damaging or Jeopardiz-
ing the relationship which each has with the citizens of the
District and City, notice in writing of such fact shall be given
to Company which shall then have a period of thirty days to nusure
District and City that such conduct has been corrected and if
such assurances are deemed insufficient by District and City, then
and in such event this contract may be terminated by thirty days
notice to Company.
D. It is further agreed that all information gathered
f
and assembled in whatsoever form by Company for City on the up-
dating as set forth in this agreement, shall become the sole
property of the City and in like manner, should District join
in this agreement, all information gathered and assembled in
whatsoever form by Company for District on the updating as set
forth herein shall become the sole property of the District and
upon termination of this agreement Company agrees to deliver
custody of all such records and information to the City and
District respectively.
IN WITNESS WHEREOF, we execute this contract on this
day of , 1980.
CITY OF DENTON, TEXAS
By
InAA ST
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ty secretary
CITY OF DENTON, TEXAS
PROFESSIONAL APPRATSSAL COMPANY, INC.r
a Texas Corporation
'4~& 1<
By ,ed
J~lr,v
B. Barney Ba er, President
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_ UtY'Y2[9tadoa~7:Cn-3Si.11~
THE STATE OF TEXAS, voi1033 I CE 862 W
! 13NOW ALL DIEN 13Y TIIESE PRESENTS:
11 COUNTY OF Denton DEED RECORDS
24932 1
That the City of Denton, Texas, A Municipal Corporation
1 of the County of Denton and State of Texas , for and in consideration of i.
I i
the sum of
One and no/100 (51.00) DOLLARS, ,
to it in ::a:.d ;.aid Ey Hayt M. Col:, Murray Kenneth Cox, Russell T. Whitney, Larry
f Richter, George T. Hardesty II
of the County of Denton and State of Texas , the receipt of which
is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
QUIT CLAIM trito the said Hovt M. Cole, Murray Kenneth Cox, Russell T. Whitney, Larry
Richter, George T. Hardesty II
i their hors and assigns, all its right title and interest in and to that certain tract or par-
I
cel of land lying in the County of Denton and State of Texas, described as follows,
i
J~ to-wit:
~I 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 Robert Beaumont Survey,
Abstract No. 31, and being part of Lot No. 7, 8, 9, 10 & 11, Block A of the Oakhill
Addition, an addition to the City and County of Denton, as recorded in Volume 4,•
II Page 47 of the Plat Records of Denton County, Texas, and more particularly described
as follows:
Tract I
Being the south 16 feet of said lots 7, 81 91 10 & 11 and being 504.68 feet in length
and containing 8074.88 square feet of land more or less. 1
Tract II
i
Being an 8 feet by 15 feet guy easement in said Lot 9 and containing 120 square feet
of land more or less.
I~
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it
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TO 11AVE AND TO HOLD the said premises, together with all and singular the rights, privi-
il
j leges and appurtenances thereto in any manner belonging unto the said Hoyt M. Cole, Murray
I~ Kenneth Cox, Russell T. Whitney, Larry Richter, George T. Hardesty II
their heirs and assigns, forever, so that neither the said
I
City of Denton, Texas, its successors
nor---------Nei", nor any person or persons claiming under it shall, at any time hereafter,
have, claim or demand any right or title to the afom-sald premises or appurtenances, or any part there-
~i
I of. 1
Wr'rNESS my hand at Denton, Texas this Iq ;r..
i
I I rday of ^`4 C 9 4A. b. 198°
sity_,pf .D _ 4n Te s
I I Witnesses J~t<R uest of G;nntor: • . le A,
.
Attest:
04 Richar 0. Ste arts Mayo
Brooks olt, City Secretariy -h-- ~ -
~iir~r...~~r,.:J ~.~r aL.'.ip+ara-arr+_riK`a+ cin: cs... .ar.~..:..:.-...n ~ mr_~.amrrr~r•:.s..v. a.c~~a. a,
->m.._._... __:~~-r~va.-~~:..r-.~L ~3.---rr--rr_.•r. sfr.~+ ~_.~~.~rr --!.--~~ez_ T__..~_.3si~n
SINGLE ACKNU1V1,E1)GJIENT
THE STATE OF l
COUNTY,OF. Denton f BEFORE ME, the undersigned authority,
in snit for sai,; County, Texas, ot, this day persooaliy apprared Richard. 0 ,....Stewart, mayor of the
CiI,Gy,$0E., ton, Texas,
officer
known to nie to be tha vAtfin whose nrar.o i 5 sul,>cril,ed to the foregoing in. tmin,,nt, and acknowledged to me that
{ he' 'exctutecl'the sane for the purporet ar,l considclr:Iion therein exprasscr!
& in the capacity stated.
GIVES UNDEi: 3S L' HAND AND FT
-.AT, OF OFF1Cl', Thin day of GM t A. 1). 19 80
S~,t,Iry I'u iI'ie, eel) LxJ..~w.,t,py.~ Cbunly, Texas
. •i~rYr.~iGlrrlnG .
JOINT ACKNO~VLEDcniI:N'I'
THE STATE OF TEAS,
COUNTY OF BEFORE ME, the until Isir tied authority,
in and for said Com ty,'fexns, rn ihi dug pr:sn:rdt appeared
Ind
his wife, both known to me to be the pereons whore names are subrcriberl to the foregoing instrument, and a kt,ocvkdgrd to
rr,e that they e, ch executed the smmp. for the purpu_es an,l considrr:dton tl,crain cxpressvd, :,not the -L61
, wife of the r'd Laving been
examined by me ptioily and apart from her husband, and Lavin' the sank fully explained to ber, tho, the soid
she dI•rlared that she had willin.-ly s:gncd the name for the pulp„<csnirdleo~nrticn,t u n li.crrin cxpr :Fc or
and that she did
not wish to retract it.
i
GIVEN UNDER MY RAND AND REAL OF OFFICE, Tliis tiny of A.D. 19 1
(USA
Nr,taly 1'1:blir, County, Texas
\ic Cwnrnisstnn Expires June 1, 19. >
WIFE'S SEPARATE A('FNOWLIAHO 1.NT
THE, STATE QF TEXAS,
WA-01:11. Cell;, thr er,c!cr.<igned autLoo ity,
COUNTY OF
in and for said County, Texas, on this day pelFOnally ,pptai cd
. , wife of _ .
kr,ow•n to me to be Ow perso whose name is subscribed to the foregoing inntnnnent, and h;n•ing* born exnrnined by m: privily
and apart from her husband, and having the Farne fu11y explaiirrd to her, she, tha !,:!H
. . arkrnm ledgcli :itch intro mrnl to be heir act and deed, and
she declared that she had willingly signed the oamefertLe purposes and conside,ation therein exprenscJ, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICI:,TI,is 6y of A.D. 19
(L.S.)
Nolnry Public, County, Texas
Aly Commission Expires June 1, I9.......
C K'S CERTIFICATE
THE STATE. OFJERII
.
0 County
t"
COUNTY OF.._..... i±..
o 'IV
%tl.. 3; m. a
Clerk of the County Cuf•t,Y,Fsy, &unty, d :re65 rtify that the foregoing instrument of writing dated on the
day of, _ . ~.s. E A o n O , A 8 . 19 with its Certificate of Autbentlcition, was filed for
recet d in my office on theIS . US E 'Bar cia . `n A. 1). 19 at o'cleck Ai., and duly
recorded this „ d A' Y a o = dtcro~ts of said Can'rty, it Volume on pages w N v D. 19 . at. o clock M in the
WITNESS MY HAND A }7~jS l lQP+ EEJS,-UNTY ~OURT cf raid COUTIty, at olTice in............
,y ar,8.1-ear t Ibo a written.
fc
,s
u p ~ _ < e I
g e C;ounty Clerk......... Ceunty, Texaa.
c asp
(1. S.) . r tay......._ , Deputy.
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vcil()33 r,,cE 85fi
EASEMENT
THE STATE OF TEXAS DEED RECORDS
KNOW ALL MEN BY THESE, PRESENTS:
COUNTY OF DENTON 24930
That the City of Denton, a municipal corporation, acting
herein by and through its Mayor, of the County of Denton,
Texas, hereinafter called "Grantor", for and In consideration
of the sum of TFN and NO/100 DOLLARS and other good and
valuable consideration, receipt of irhi•-h is hereby
acknowledged, paid by Texas Municipal Power Agency, a municipal
power agency created under the authority of Article 1435a, Tex.
Rev. Civ. Stat. Ann., and Brazos Electric Power Cooperative,
Inc., hereinafter called "Grantees", has granted, sold and
conveyed, and by these presents does grant, sell and convey
unto Grantees, subject to the reservation hereinafter made, an
easement and right-of-way for the purposes of constructing,
reconstructing, operating, maintaining, inspecting, increasing
or reducing the capability of, repairing, and relocating
certain microwave communications facilities, consisting of a
microwave tower, antennas, and associated equipment; microwave
RF, multiplex and VF termination equipment; cabinets,
batteries, battery rack, Lottery charger, dehydrator, control
house, and miscellaneous cabling and terminations; and
microwave transmission line between the antennas and the RF
equipment; said easement and right-of-way being over, across,
and upon land in Denton County, Texas, more particularly
described as follows:
All that certain lot, tract or parcel of land lying
and being situated in the City and County of Denton,
State of Texas, and being part of the M. Austin
Survey, Abstract No. 4, and also being part of a tract
of land as conveyed from Len R. Henderson and wife,
Marcella S. Henderson to the City of Denton, Texas by
Warranty Deed dated 10-13-54 and recorded in Volume
398, Page 576 of the Deed Records of Denton County,
Texas, and more particularly described as follows:
Commencing at a point in the east boundary line of
said City of Denton tract, said point also being the
southwest corner of a tract of land conveyed by Alex
Dickie to the City of Denton as recorded in Volume 648
Page 105 of the Deed Records of Denton County, Texas;.
Thence South 1033' {Vest along the east line of said
city tract a distance of 402.56 feet to a point for a
corner;
Thence South 870 54' West a distance of 852.25 feet
to a point for a corner;
Thence South 20 18048" East a distance of 20 feet to
the point of beginning, said point also being the
westerly east corner of an existing building;
Thence south 870 41'12", West along the northerly
north wall of the existing building a distance of 10.5
feet to a point for a corner;
Thence North 20 18148" West a distance of 32 feet to
a point for a corner;
Thence North 870 41112" Last a distance of 50 feet
to a point for a coiner;
Thence South 20 18148" East a distance of SO feet to
a point for a corner, said point beii:Q the southerly
northivall of an existing building.
Thence South 870 41112" West along the southerly
north wall of the existing building a distance of 39.5
feet to a point for a corner, said point also being an
inner ell of said existing building;
Thence North 20 18148" West along the westerly east
wall of said existing building a distance of 18 feet
to the place of beginning and containing 2311 square
feet of land more or less.
together with the right of ingress and egress over Grantor's
adjacent lands to or from said casement and right-of-way.
It is expressly agreed that all facilities placed on the
above described land by Grantees, or either of them, shall be
and remain the property of Grantees in their respective
ownership shares as tenants in common; provided, however, that
Grantor shall have the right, at such time as Grantees abandon
the above described easement and rights, to remove at Grantees'
expense such microwave communications facilities then remaining
on the above described land.
TO HAVE AND TO HOLD the above described easement and
rights unto Grantees, their successors and assigns, until said
easement and rights are abandoned.
Grantor reserves the right to continue the present use
being made by Grantor of the above described land and the right
to use the above described land in any manner that will not
endanger or unreasonably interfere with the microwave
communications facilities of Grantees.
The easement and rights granted hereunder may be
assigned in whole or in part provided that any such a si nment
Va i~33 ~acE 857
VOL 103 3 ?A6( 853
shall be subject to the rights of Grantor set forth herein and
provided further that Grantees shall not permit any assignee to
make any other or different use of the. premises covered by this
easement.
It is expressly understood that Grantor, as additional
consideration for the granting of this easement, will be held.
harmless by Grantees, their successors and assigns, against any
claims on account of death, in)ury, or damages resulting from
the installation, operation and maintenance of said microwave
communications facilities (except claims on account of death,
injury, or damages caused by the negligence of Grantor, its
employees or agents.)
WITNESS the hand and seal of the City of Denton, Texas,
this day of 1980.
CITY OF DENTON TEXAS
BY:
)rr( CARD 0.7 A
ATTEST: ~ ` ' .
0 HO LT, S f: R :'f ICRf
,CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
~a
BY:
THE STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day personally
appeared Richard 0, Stewart, Mayor of the City of Denton, Texas,
known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, in
the capacity therein stated and as the act and deed of said City of
Denton, Texas,
f+l~y~i'',G4VEN UNDER Dhr HAND AND SEAL OF OFFICE this I day
of Au,itst' 1980.
+ NOTARY PUBLIC IN D
DENTON COUNTY, TEXAS
3
4.
tA ARRANTYDEED-With Gm Carpo,auAtlmowtidgmenu, MARTIN Stationery Co., Daqu
STATE OF TEXAS, [ALE 64
DENTON Know All Men By These Presents:
TY OF
DEED RECORDS 4941
That George Prock, Gerald W. Tarvin, H. Earl Underwood and
Michael James
of the County of Dallas , State of rexas for and in consideration of
the sum of
-------Four Thousand Eight Hundred & No/100 ($4,800.00)----- -DOLLARS,
to it in hand paid by the City of Denton, Texas, a Municipal
Corporation
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas, a Municipal Corporation
18 TeCi°P L£f of Denton Texas parcel of land- 9916 and being situated in tie tCf yn an
County of Denton, State of Texas, and being part of the S. C. HiraSurvey, Abstract No. 616, and being part of Lot No
1, Block A of the Shad
Oaks Industrial Park an addition to the City of Denton, Texas, now know
as Expressway Industrial Park, according to Plat of record in Volume 21,
Page 55, Plat Records of Denton County, Texas, and also being part of
tract of land as conveyed from Addison Lee Phluger; Trustee to H. Ear
Underwood, Michael 11. James, Gerald W. Tarvin, and Gabriel Milton Daspit
Jr. by special warranty deed dated August 31, 1979, and recorded in Volum
974, Page 191, Deed Records of Denton County, Texas, and Gabriel Milto
Daspit, Jr. to George Prock by Deed dated February 14, 1980, and records
in Volume 1003, Page 703, Deed Records of Denton County, Texas, and mor
particukarly dekcribed as follows:
BEGINNING at the southwest corner of said tract, said point of Deginnin
being the intersection of the east right of way line of Duncan Street an
the north boundary line of a private line;
THENCE north 30 321 20" east along the west boundary line of said tract
same being the east right of way line of Duncan Street a distance of 12
feet to a point for a corner;
THENCE south 140 491 22" cast a distance of 126.97 feet to a point for
corner in the south boundary line of said tract same being the port
boundary line of a private road;
THENCE north 850 441 20" west along the south boundary line of sai
tract some being the north boundary line of a private road a distance o
40 feet to the place of beginning and containing 2,400 square feet o
land, more or leas.
r
I
r'
Of
I
•
J
C
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal
Corporation, its successors
>fatbamnd assigns forever; and we do hereby bind ourselves, our
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texas, a Municipal Corporation, its successors
atKirg and assigns against every person whomsoever lawfully claiming, or to clalm the same, or any part
thereof.
Witaeca our hand at this day of
A.D. 19 80
( _ 1... i....
(3 OE p / EARL/'' DE
.....~:.~.C.E.......4..... t ~/..r............................... l~G,(j~ p~ vJy
G1rRALD W. TARV M C7HAEL J VOL 961..I'A..GE 5
STATE OF NEVADA ) yu(
) ss
COUNTY OF WASHOE )
BEFORE ME, the undersigned Notary Public, in and for said county,
on this day personally appeared GEO PROCK _
known to file to be the person whose name is subscribed tot the
forgoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
JOY EADELT
Subscribed and sworn to before me the Notary Puhlic•Statoof Nevada
9th a of Ja ary, i98 3;uy wa:hoe county
AppOln s h o County 1981
Notar P lic in an or the County
Washoe, State of Nevada.
/ACKNO11 LEDGME\7'
E STATE OF TE3EkS, 4r(0(0(4"eo-fer--
wet; t- ~f f J BEFORE \f E, the undersigned authority,
ee"ffY OF........ fi~4. C. 4L ~
in and for said County, Texas, on this day per<onally appeared....../
known to me to be the person whose name ....................................subscribed to the foregoing instrument, and, aclnouledged lo'tae,1bitr
be....... ...executed the same for the purpoees and consideration lberein expressed. ~~J 'y
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This .._....cl_7/~fday of A. D. 19.4•l
(LS.)
f, . 4
Notary Public, ii py""TlM M, r' trPwY . ....,C ttyi,~eRi(
r.s
1[ Commlaalon Expires utx. -
STATE OF TEXAS $
$
COUNTY OF DALLAS $
BEFORE ME, the undersigned Notary Public, in and for said
county, on this day personally appeared GERALD W. TARVIN, known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed
11 l`'' B CRIBED AND SWORN TO before me the 29th day of January,
tt~981..,
~1
Notary Pub ;c in and for
:mot:
Dallas Ca.:.nty, Texas ;
::i.. ~5y cv,nrn'~s•v.n cxp;r,~s ~ .
/
MUN T Uy_.»._
County clerk of the County court of said County, do hereby ctrtify that the foregoing Instrument of writing dated on tbe.__.._._.._...
_ .............................day of................................................, A.D. 19......... with Its Certificate of Authentlntion, was filed for record In my office
on Ihe.._ ....................day of A.D. 19......... at................ O'clock .Itf,, and was duly recorded this....................
day of....... , A.D. 19............, al.,.,.... ..oclock.................... ISf., in the Records of sald County, In Vol-
ume_-...................... on pages
WITNESS my band and teal of the County Court of said County, at my office in
_the day and year last above written.
.
_
Clerk County Court. ....................................................................................,....County, Tens
By Deputy.
(LS.)
c' ~ IJ E ~ a
L
14
i~
..i o I E 3 , E ~ E y :Q M 1p~
P6 Vj
in I f E S i ~fy i 3 E i 6 i'ce' O
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i f ; ~ c 3 I finf~' II• ~ i~
i ~ ~ i i ' i j O i ~ i !
E ~ E ~j E 1,y ~ I
W , 1 o G e t d i ! R' ~1~1
i
2
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1 ,
R E S O L U T I O N
W11rREAS, 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 owners of said parcel,
George Prock, Gerald W. Tarvin, H. Earl Underwood and Michael
James, agree that a consideration of $4,800.00 is a fair and
agreed value of such described property;
NOW, THEREFGRE, 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 transEer
of property so described below from the owner thereof to the
City of Denton:
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the S. C. Hiram Survey, Abstract No. 616, and
being part of Lot No 1, Block A of the Shady Oaks Industrial
Park an addition to the city and County of Denton, and also
being part of a tract of land as conveyed from Addison Lee
Phluger, Trustee to H. Earl Underwood, Michael W. James, Gerald
W. Tarvin and Gabriel Milton Daspit, Jr, by special warranty
deed dated August 31, 1979, and recorded in Volume 974, Page
191 of the Deed Records of Denton County, Texas, and Gabriel
Milton Daspit, Jr. to George Prock by deed dated February 14,
1980, and recorded in Volume 1003, Page 703 of the Deed Records
of Denton County, Texas, and more particularly described as
follows:
BEGINNING at the southwest corner of said tract, said point of
beginning being the intersection of the east right of way line
of Duncan Street and the north boundary line of a private line;
THENCE north 30 32' 20" east along the west boundary line of
said tract same being the east right of way line of Duncan
street a distance of 120 feet to a point for a corner;
THENCE, south 140 49' 22" east a distance of 126.97 fe^.t to a
point for a corner in the south boundary line of said tract
same being the north boundary line of a private road;
THENCE, north 850 44' 20" west along the south boundary :.1ne
of said tract same being the north boundary line of a private
road a distance of 40 feet to the place of beginning and
containing 2,400 square feet o land, more or less.
2. The City of Denton is herei)y further authorized to pay
George Prock, Gerald W. Tarvin, H. Earl Underwood and Michael
James as owners of said described property, consideration in
the amount of $4,800.00 purchase price, plus any other
necessary and reasonable costs of closing.
3. This Resolution shall take effect immediately from and
• after its passage and approval in accordance with the
provisions of the Denton City Charter.
voi~061 ,acE 807
I
p
V011U J~ Y;GE 70S
PASSED AND APPROVED this the r day of
1980.
i
C IA 0. ST T, MAYO
CIT OF D ,TON, TEXAS
ATTEST:
l i
BROOKS MOLT, CITY SFCRETA3Y
CITY OF D'IENTON, TEXAS
t
'•-APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:~ A
•
- 1
I
• ~ 1
' I
C~ 608 }av~ T.10-f,on
sf
~S1 a
V• ~ r'. ~1 3
OATH OF OFFICE
I, do solemnly
swear (or affirm) that I will faithfully execute the duties of the office
°1•1x Polk .'1.RCok
of OC xrj ~ C r "~Vu6*tt of the City of Denton, Texas,
I VV V,
and will to the best of my ability preserve, protect and defend the
Constitution and laws of Mae United Rata:; and of this State and the
Charter and Ordinances o thin City.
Subscribed and sworn to before me the teiicrolfned on thin the y
day of (;1 A.D. l92'1---. To certify which
witness my hand and seal of office.
CITY :IZRF't'ARY
CITY O PEHT01i j TM A3
I ~
pp t o0
c
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i
SEPI71980
RAMEY, KING & MINNIS INSURANCE
MARVIN G. RAMEY r " TERRELL W. KIN
RANDALL V MINNIS
pIRST STAiE BANK BLDG DENTONs T'
PHi• NE :,8£-9641
CITY OF DENTON
DENTON, TEXAS
i
Policy Perlyd
AUGUST 21, 1980 tj AUGUST 21, 1981
12'.01 A.M, standard t re at 1`e a9dress id the Named hsured as stated hero r
THE
L ~
'4N•
COMPANIES
United States Fidelity and Guaranty Company
F"idel'ityandGuaranty Insurance Underwriters, Inc.
1
R
i ..v tier d.
CalulAy I I6791(AG D001) IRty I:J71
Tbo stock lesariea gompsoy solved Is W latlvatloea Oserele galled 11e Campay), In eoosihii of tw loyal of Ibo prtaii to rellaate spas tka stabolueta be too
lea
laratioe= meld a part Isrcof oil salJeet to all of be tires of this Islay, all with the Nang leaved a follows:
When used in this policy (including endorsements forming a part hereolf: in connection with work for the municipality, t4) n detrack agreement, or IS) oboaly
"aatamel le" means a land motor vehicle, traller or semi-treiler designed for travel on maintenance agreement;
public roads (ncludlrg any machinery or apparatus attached thereto), but does not "loserel" means any person or orpniratiort qualifying as m IsramJ in
the "persons
include melih egelpol Ensured" provision of the applicable insurance govera¢e. The Insurance efiorded applies
„kalif separately to each losured against whom clxim is made or suit is brought, except with
y itHry" Mears bodily injury, s ckness ur odeasa s' aW%d en; peaom i'li ch espect to the limits of the Company's liability;
occurs during the polity period, including death at any time resulting therefrom; "moblle ekuipment" means a laid vehicle (including any machinery or apparatus attached
"completed peratians hazard" includes bodily lejuq and property damage arising out of thereto), whether or not selfpropelled, (1) not subject to motor vehicle registration,
or
operations or reliance upon a represenialicm or warranty made at any time with respect (2) ma era ned for use exclusively on premises owned by or rented to the Named losertl,
thereto, but on it the bodily f, jury or property damage occurs after such opera t;ona inching the ways immediately adjoining, or (3) des'dned for use
principally off public
hive been completed or abandoned and occurs away from premises owned by or rented roads, or all, d6gred or ma'ntained for the sale purpose of eAordir[ mobility to equip.
iv shs Named lisorcl. "Operations" include materials, parts or equipment furnished in ment of the following types forming in integral part of or permammHy attached
to such
cony inn therewith. Operations shall be deemed completed at the earliest of the for. vehicle. power cranes, shovels, loaders, diggers and drills; concrete
mixers (other than
awing time!: the mixin-tramt type); graders, scrapers, rollers and other road construction or repair
Iq when all openfons to be pe }ormed by ar on behalf of the Named lasurcl und;, equpment; aircompressors, pumps and generators, friclud'nd spraying, welding end
build-
the contract have been completed, ng cleaning equipment; and geophysical exploration and well servicing equipment;
(2) when all operations to be performed by or on behalf of t.e Named Issored at the "Named olicy, means the person or ordsii:ation named in Item 1, of the declarations
site of the operations have been completed, or of this policy;
"Name) Essure!'a prodecte" means goods or products manufactured, sold, handled or
(3) when the portion of the work out of which the injury or damage arises has been distributed by the Named Issvel or by others trad0l under his name,
inciudin any
put to its intended use by any person or urgam4ation other than another contractor container thereof {other than a vehicle), but "Named lesorel's products" she
not
or subcontractor engaged in performing opuahoeS for a principal as a part of the Include a vendin machine or any property other than such container, rented
to of
same project. located for use of others but not sold;
Operations which may require further service or maintenance work, or correction, repair "acarreace" means an accident, Including continuous or repealed exppoosure
to cone-
or,replacement because of any defect or deficiency, but which ere otherwise complete, tions, which results in bodily lojery or property limits neither expected nor
intended
shall be deemed completed. from the standpoint of the losoRl;
The completed operatieas Nord does not include bodily lojory or property damp "policy territory" means:
arising out of: (1) the United States of America, its territories or possessions, or Canada, or
(a) operations )n connection with the transportation of property, unless the bodlly~ lajeq (2) international waters or air space, provided the bodily lejury or properly :imago
:)vii
or property damage arises out of a condition in or on a vehicle created by IAa load- not occur in the course of travel or transportation to or from any other country,
Ing or unloading thereof, state or nation, or
(b) the existence of tool!, uninstalled equipment or abandoned or unused materials, or (3) anywhere in the world with resSeel to damages because or bodily lojary or property
(c) operations for which the classification stated in the policy or in the Company's damage arising out of a product which was sold for use or consumption within
the
"including completed operctions"; territory described in paragraph (1) Jove, provided the original suit for such dam-
manual specifies ages is brought milli such territory;
"elesater" means any hoisting or lowering device to connect ilooro or Weir s "predueb bill includes bodily lojory and property damp irisim out of the Named
whether or not in service, and all appliances thereof including any car, platform, shaft, Willed's products or reliance upon a representation or warranty male it any time
with
hoist* 1, stairway, runway, power equipment art machinery; but does not include in respect thereto, but only if the bodily inury or rperfy limits occurs sway from
pre?
aetn2le servicing hoist, or a hoist without a Iatfarm outside a buI&I if without ises owned by or reviled to the Named Word and after physical possession
of such
mechanist power or it mot 0sched to building walls, or a hod or materia) hoist used products has been relinquished to others;
in alteration, construction or demolition operations, or in inclined conveyor used exclu•
sivey for carrying property or a dumbwaiter used exclusively for carrying property and "property damage" means:
having a compartment height not exceeding four feet; (1) physical injury to or destruction of Ian ible property which occuro during the policy
"loddil l coalract" means any written (1) lease c' premises, 12) easement agreement, period, including the foss of use therm at any time resulting therefrom, or
except in connection with construction or demal.tion operation; am or adjacent to a rid- (2) loss of use o} tnmgibb property which has not been phyysically injured or destroyed
road, (3) undertaking to indemnify a municipality required by municipal ordinance, except provlil such loss of use is caused by an oeeorreeco during the policy period.
v
F
^4f,'Lnt Y Y.~'
UNITED STATES FIDELITY A D GUARANTY COMPANY
+~~IIW(Il. v /IR/r~pp~
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE ,
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
DECLARATIONS p
tam I. NAMED INSURED and Address (No. 6 Street. City, County State lip roue) policy Number 3CC 118135
F Renews NEW
CITY OF DENTON The Named Insured is ❑ Individual ❑ Partnership ❑ Corporation
11 Other (specify)
DENTON, TEXAS Business of Named larared
MUNICIPALITY
L J Agent or Broker and Address
item 2. Policy Period RAMEY KING & MINNIS INS.
From AUGUST 213 1980 la AUGUST 21, 1981 707 FIRST STATE BANK BLDG.
12;01 A.M. standard time at the address of the Named Insured as stated herein. DENTON, 1 76201
Item 3, The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the Company's
liabil-
ity against each such Coverage shall be is stated herein, subject to e0 the terms of this policy Aaving reference thereto.
COVERAGES LIMITS OF LIABILITY ADVANCE PREMIUMS
A. Bodily Injury tiabilih S 300.000 each eccerreeco $ 37-
8, Property Damage Liability $ 50,000 each eccarreaea $ 100.000 aggregale $ 26,
Audit Period: Annual, unless otherwise designated below.
❑ Semi-annually ❑ Quarterly ❑ Monthly Total Ahaoea Promlm $ 63,
If the policy period is more than one year and the premium is to be paid In installments, premium installments are payable is follows:
Effective Date $ p 1st Anniversary S i 2nd Anniversary $
DescrIptfta el Hazards (PF 51) Cade No. Rates Adnaco Premises _
The rating classifications below do not modify Premiere Basis Bediy P,zperty Il iry Priporty
the exclusions or other terms of this insurance. INjery Dane • 111 Damage
ost Per $100 of Cast
CONSTRUCTION OPERATIONS-OWNER-16292 54,000 .0423 .u193 37.MP 26.MP
N.O.L. (NOT RAILROADS)-EXCLUDING
OPERATIONS ON BOARD SHIPS.
fncreasedlimits Basic Charge IPF 481, 99901
Endorsement Nos.
dpi-4525 Total Advance Pnmlems $ $ 26,
Desigratlon of Contractor:
JOE SIEGMUND CONSTRUCTION COMPANY, INC.
Mailing Address: BOX 3
f1ATNRRVTT.Tt-. _ TX~._762l1A
131 of Covered Operations:
CITY OF DENTON, TEXAS
7(](p,ecA here if the following provision is applicable:
ThA person a organization designated above as the Contractor has undertaben to pay the premium for this pnfcy and shall be entitled to receive any return premiums,
if any,
which may become payable under the terms of this policy.
(sit It[VUSE SIDE W COVERAGE RROVIllo 1)
Countersigned by ✓YY' '
Authorize RepresenMtive
Calvalla 39 (L14) (Rar. •1.141)
COVERAGE A-BODILY INJURY LIAIfLI1'Y (j) to loss of use of tangible property which has not teen physically injured or destroyed
resulting
COVERAGE 1-PROPERTY DAMAGE LIABILITY from
(t) a delay in or lack of performance by or on behalf of the Named Inspired of any
The Company will pay on Donal} or the Issued all sums which the Insured sh^!i become contract or agreement, or
legally obligated to pay as damages because of f2) the failure of the Named Issi is predicts or work performed b or on behalf
4. lodily injury or of the Named Insured to meet the level of performance, quality, fitness or dura
bility warranted or represented by the Named Insured;
I. property damale but this exclusion does not app'; to loss of;:'es ~f of tangible -op"ty resukingl
rx which Iris posit, apps,;s, ccused b, an cceu,t cs, and er:;ing ',t of ;II c;srvlio❑ ;r0, th< suction and accidental physical injury to or destruction of the
? Q
performed for the Named Insured by the contractor designated in the declarations at the Insured's products or work performed by or on behalf of the Name) Insured after
location designated therein or l2) acts or omissions of the Named Issuing in connection such products or work have been put to use by any person or organization other
with his general supervlsl m of such operations, and the Company shall have the light than an Insrred.
Ynd duty to defend any suit against the Insured seeking damages on account of such
Ill injury or property damage, even if soy of the allegatiors of the suit are groundless, II PERSONS INSURED
(else or fraudulent, and may Will such investi gation and settlement of any claim or suit
is it deems expedient, but the Company shall not be obligated to pay any claim or Each of the following is an located under this Polity to the extent set
forth below:
judgment or f payment of i jd#frcr the gmenls orp s ettlements of the Company's Fehl)ty has (ai if the
boom exhausted ed by Named Insured is designated in the declarations as an individual, the person
so designated and his spouse;
E,dusfeas ib) if the Named Insured is designated in the declaration., as I partnership or joint
venture, the partnership or joint venture so designated a d any partner or member
This policy does not apply: thereof but only with respect to his liability as such;
(a) to liability assumed by the Issured under any comlratt or agreement except am Inci. (c) it the Nomel Insure] is designated in the declarations as other than
an individual,
dental contract; but this exclusion does hot apply to a warranty that wort performed partnership or joint venture, the organization so designated and any executive officer,
by the designated contractor will be done in a workmanlike manner; director or stockholder thereof while acting within the scope of his duties as
(by to Ipilly fsjory or property damage occurring after such; and
(1) all work on the project (other than service, maintenance or repair:) to be per. (dl any person !other than an employee of the Hamel Insured) or rrganlzatien
while
formed by or on behall of the Named losured at the sill of the covered operations acting as real estate manager for the Named insured.
has been completed, or
(2) that portion of the designated contractor's wort out of which the injury or III LIMITS OF LIABILITY
damage arises ha, h•en out to its intended use by any person or organization Regardless of the number of (1) Iasareds under this policy, (1) persons or orpanizations
ether Iran another contractor far subcontractor engaged in performing operations who sustain bodily Injury or property damage, or (3) claims made or suits brought
on
far siprhn ipal Is a part of the same projei account of bodily Injury or property damage, the Company's liability Is limited as
i Ii lodif yleI'vry or property 1amEo arising out of any act or om:ssion of the Hamel
sIoral or an cf his employees, other than geni i supervision of wort performed Eaverg a A-The total liability of the Company for IN damages, Includiry
damages
for the Name to, oral by the designated contractor; for c e and loss of services, because of bodily Injury sustained by one or more
(d) to any obligation for which the Insure) or any carrier as his insurer may be held persons as the result of any one eccerresee shall ' it exceed the limit of
lodily Injury
liable under any workmen's compensation, unemployment compensation or disability liability stated in the declarations as aoplic.hP to "each octorteohi
benefiB law, or under any similar law; Covento I-The total liability of the Company for all damages because of 111 ►rsperty
dame sustained by ore of more persons or or;anizalions as the result of any cot
(P) to hilly Injury to i mployeo of the Insured arising out of and in the course of oceori shell rot exceed the limit of prolltrty damage liability stated In
the
his employment by the Insrred or to any obligation of the Im orel to indemnify declarations as applicable to "each occurri .
aaolher beuuua of damages arising out of such injury; but this exclusion does not Subject Ed the above Drersion respecting to liability ossa cu by the bsered
under in taeidestat eosbact; g "each occurrence", the total liability of the
Company for all damages because of all p apolty damage to which this edvenlo applies
(q to property hinge to shall not exceed the limit of property damap liability slated In the Declar lions is
(11 props ty owned or cccuDied by or rented to the lourcl, "aggregate" . I} re ihap one prct is designated in the declariti`oll; such slide.
fate limit staff amopply separately wojeith respect to each project.
(2) property used by the literal, Cnerag~es A ad 1111-For the purpose of determining the limit of the Coolpinr s liability,
Properly in the care, custody or control of the losored or as to which the Insured all tolily Injury and proputy damae arising out of continuous or repeated exposure to
s of any purpose exercising physical control, or substartially the slime general conditions shall be considered is sail l out of me
p) mod performed for the Il by the designated contractor; occorreli
i to 111ih bjoy or property lane due to war, whether or not declared, civil war, IV ADDITIONAL DEFINITIONS
insurrec ion, rebellion or revolution or to any act or condition incident to any of the
farepDing, with respeq.to (1) liability assumed by the lossrpd under in hocldeatel Ween lose} i,r reference to ibis insuiancl (includ`Al endorsements forming a
pod of
" Z of Wexpenats for,firsl aid under the Supplemealary payments pfdvislon p° y '
of the policy; "cut" means the total cost to the Named ,risen$1Iith respect to operations per-
bdi formed for the Named Injured during the p 'icy puieQ by independent contractors of
ml to b Isjury or property /amigo arising out of (1) the ownership, maintenance, all wort let or sub let in eonnecbon with v al lie project, Including the
cost or
operation, use, loading or unlnad'mg of any mobile elsfpmeet while being used in any oil labor, materials and Igpi m nt furr{tshed, , d or delivered for use in the exetutfom
prearranged or of limited ratio``, speed or demolition coolest or in any stunting of such wart, whether furors ed ti the owner, tontractor or iubcdn(ractof,
inctudln
ocllviq pr' 11'Pf,dtee of 'prl igtibm for any such contest or activity or (2) the all fees, Illowanco, bonuses or commissions made, paid or due; d
operation or use of any snowmobile or trailer designed for use Cher:with;
"Work" includes materials, parts end equipment furnished in connection therewith.
(i) to hlilgl fs a pfi'ptrq damage ertd'inQL out of the discharge, dispersal release or
escape of smo e, vapors, soot, fumes, Icisls, alkalis, toxic chemicals, tigNs or fase7, y POLICY TERRITORY
waste materiels or other Irritants, contaminants or pollutants into or upon laid,
the atmosphere or any watercourse or body of valor; but this exclusion does not This policy applies only td !ably Ili or property damage which occurs
within the
apply it such discharge, dispersal, rc'!ase or escape is sudden and accidental; policy territory.
t
casualty to (I-01) yw f Urn, LI 71) 4
• G525
(Ed. 5-73)
This endorsement forms a part of the policy to which attached, effective on the inception data of the policy unless otherwise slate) herein.
(The following Information is required only when this endorsement Is issued subsequent to preparation of palky.)
Endorsement effective Policy No, Endorsement No, N1
Named Insured
Countersigned by
(Authorized Aepresentatlve)
GENERAL LIABILITY
AMENDATORY ENDORSEMENT-NOTICE
(Texas)
As respects bodily Inliury liability coverage and property damage liability coverage, unless the company is prejudiced by the insured's failure to comply with
the requirement, any provision of Ms policy requiring the insured to give notice of action, occurrence or loss, or requiring the Insured to forward demands,
notices, summons or other legal process, shall not bar liability under this policy,
G525 (Ed. 5-73)
r
UNITED STATES FIDELITY AND GUARANTY COMPANY
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. '
BALTIMORE, MARYLAND
e
DESCRIPTION OF TERMS USED AS PREMIUM BASES
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY HSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
When used as a prig ium basis!
1. Comprehensive General; Owners', Landlords' and Tariffs'; SMP Liability Insurance-"almissleas" means the total number of persons, other than employees
of the Named Insured, admitted to the event insured or to events conducted on the premises whether on pain admission tickets, complimentary tickets or passes;
2. Comprehensive General; Manufacturers' and Contractors'; Ovine s', Landlords' and Ternal ls'; SMP Liability Insurance -"cad" mean the total cast to the
Named insured with respect to operalions performed for the Named lasured during the policy period by independent contractors of all work let or sublet
in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered toe use in the execution of
such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or con.missions made, paid or due;
3. Comprehensive Gonerat; Manufacturers and Conlraclon'; Owners', Landlords' and Tenants'; SMP Liability Insurance -"receiFls" means the gross amount
of money charfrA by the Named insured for such operations by the Named Insured or by others during the policy period as are rated on a receipts basis
other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the Named Insured collects as a separate
item and remits directly to a governmental division;
1. Comprehensive General; Manufacturers' and Contractors; Owners. Landlords' and Tenants'; SMP Liability Insurance which includes coverage for structural
alterations, new construction anJ demolition operations-"nlaaaerl iu" means the entire remuneration earned during the p0cy period by proprietors and by
all employees of the Named Insured, other than chauffeurs {except operators of mobile equipment) end aircraft pilots and co pilots, subject to any overtime
earnings or Gmilation of remuneration rule applicable in accordance w;lh the manuals in use by the Company;
S. Comprehensive General; SMP Liability Insurance-'salts" means the gross amount of money charged by the Named Insured or by others trading under his
name for all goods and products sold or distributed during the policy period and charged during the policy period for instillation, servicing or repair, and
includes taxes, other than taxes which the Named Insured and such others collect as a separate item and remit directly to a governmental division;
Casualty 55 (179)
(lttacb DeclaFaUaes, Coverage Part tied Emdorson is bee.)
1
a
The Company will pay, In addition to the applicable limit of liability: liability of this policy, and the cost of ball bonds required of Yqthe Insured because of
(a) all expenses incurred by the Company, all costs taxed against the Insured in any policy)DDI!es,a~notrto exceed S250slperobullfbond,ubutothenCompany shallhhave
no
su it defended by the Company and all interest on the entire amount of any judg- obligation to apply for or furnish any such bonds;
meet therein which accrues after entry of the judgment and before the Company (c) expenses incurred by the tussled for first old to others at the time of in 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; (di reasnmat'- expenses incurred by the enured at the Company's reeuest in assisting
(b) ~,e,iurns on appeal bonds required in any such suit, premiums on bonds to release the Company in the mvesiigation or defense of any claim or suit, including actual
tttnuhments in any such suit for an amount mot in excess of the applicable limit of loss of earnings not to exceed $25 per day.
1 Premiums All premiums for this policy shall be computed in accordance with the d. Other Insurance The insurance afforded by this policy is primary insurance,
except
Company's rules, rates, rating plans, premiums 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 insurances primary and the Insured has other insurance
Premium designated in Iris oopricy as "advance pienium" Is a deposit premium only which is stated to be applicable to lhd loss on an excess a contingent
basis, the
which shall be credited to the amount of the earne,, pre nium due at the end of the amount of the Company's liability under this policy shall not be reduced by the
existence
policy period. At the close of each period (or part thereo terminating with the end of of such olha insurance
the policy periodi designated in the declarations as the audit period the earned premium When both ibis insurance and other insurance apply to the loss on the same
basis,
shall be computed for such period and, upon noise thereof to Ile Named loured, shall whether primary, excess or contingent, the Company shall not be liable under this policy
I become due and payable. If the total earned premium for the polio period is less than for a greater prcp„rt'on of the loss than that staled in the applicable
contribution
the premium previously paid, the Company shall return to the Named asared the unearned prov'.sion below:
portion paid by the Named lesuel.
ia) CaUilutioe by Equal Shares. II all of such other valtd and collectible insurance
the Named Insured shall maintain records of such information as is necessary for pre- provides for contribution by equal shares, the Conpptry shall not be liable
for a
mium computation, and shall seed copies of such records to the Company a. the end of greater proportion of such loss than would be pi le if each insurer contributes
the policy period and it such times during the policy period as the Company may direct. an equal share until the share of each insurer eQuals the lowest applicable limit of
liability under :n one parity or the full amount of the loss is paid, and with iesppact
not so paid the remainln` insurers then continue to conlriEute
2. IlspeclrN and Audit The Company shall i permitled but not obligated to inspect to any amount ;n W one
the Named assured's property and operations at any time. equal t%rr of the remaining amount of the foss until each such insurer has paid
Neither the Company's right to make inspections nor the mall thereof nor any report its Lmit in it the full amount of the loss is paid.
thereon shall consiltate an undertaking, on Ill of or for the benefit of the Named
lesared or others, to determine or warrant that such property or operations are sift or (b) Contribution by llmi4. If any of such other insurance does i of provide
for can.
healthful, or are in compliance with any law, rule or regulation. tribution by equal shares, the Company shall not be liable for I greater proportion
of such loss than the applicable limit of liability under this policy for such toss
The Company may examine and audit the Named resred's books and records at any time bears to the total appiiuhle limit of liability of at valid and collectible insurance
during the pantyr period and extensions thereof and within three years after the final ii such loss.
termination of Ihls policy, as far as they relate to the subject mailer of this insurance.
1. Subrogafife In the event of any payment under this policy, the Company shall be
b. laualal lopaaslilllaly laws When this paper is certified as proof of fnanciat subrogafed to all the lisued's rights of recovery therefor against any
responsibility for the future under Ibe provisions of person or orgamlii m and the lessened shall execute and deliver instruments and paper
any motor vehicle feencitl responslbih',y law, such insurance as is afforded by this and do whatever else is necessary to secure such rights, The related shall
do not mg
policy for fly injury liability or for property damage liability shall comply with the alter Icss to prejudice such rights.
provisions of such law to the extent of the coverage and limits of liability required by
such law. The Iwserd agrees to reimburse the Company for any payment made by the 1. Changes Notice to any agent or knowledge possessed by any agent or by any other
Company which it would Pat have been obligaled to make under the terms of this policy person shall not effect a waiver or I change in any Pont of this polite
except for the agreement contained in this paragraph, or estop ;me Company from as:erting any right under the terms of this policy; nor shall
the terra of this policy be waived or changQed, except by endorsement issued to form
I part of this policy signed by an outhorized representative of the Company,
1. havers Dallas W the Eunt It 6ectrraeee, Claim of Silt
p} In the event of in 6ertuta, written notice containing particulars sufficient to 1. Assignment Assignment of interest under this polio shall not bind
the Comparyy'
identify the lasted and also reasonably obtainable information with respect to the until its consent is endorsed hereon; if, however, the Named tassral
time, place and circumstances thereof, Ind the names and addresses of the injured shall (11, such Insurance as is afforded by this policy shall stilly1r (1)
to the Named
and of available witnesses, shall be given by or for the fore) to the Company or sIllsol cope of lief duties is =hc„ve, is thew IS respect Ill laihbut nlyty olfl the Mtalel
thin 1 the
any of its Iuthoriaed agents is soon os practicable. to the person havintt Droper temporary custody thereof, is Insured, but only until the
rot If claim Is made or suit is brought against the fosrd, the lowest sha!I immedi• appointment and quallflahos of the legal rpresenbtive.
Italy forward to the Company every demand, notice, summons or other process
received by him or his representative. is. line fear Policy if this policy is issued for I period of three year, any limit
of
(c) The resulted shall cooperate with the Company ant', upon the Company's roCuesl !fie Company's ha slated in ihs po lity as tggregIt i'
assist In making ettleminas, In the conduct of suits Ind in enforcing any ri hl o~ small apply separately to each consecutive annual period Ihenol.
contribution or IndemnityY ii any person or organiutldn who may be lie Is to 11. tanselatiea This ma be canceled by the Named IesrN by surrender
the Issued becauaa of linjury or lama a with respect to which insurance is afforded policy
under this policy; and the fissured Beall attend haarings and il:ul and assist in thereof to the Company or any of its authorized agents of by entries
securing and giving evidence and oblaining the attendance of witnesses. The lassrnl to the Company written notice slating when thereafter the rtrcdstion shall be effective.
shall slat, except at Sir tan cost, voluntarily make any payment, assume any oblige- This policy may be canceled by the Company Dy mailing to the Navel Insured at
the
tior or incur any expense oUer that for lint aid to others at the time of accident, address a own m Ih,s pal't9, written notice Itr irq when not less than ten days til
after such cancelation sball be effective. T t ma ling of notice I1 sfansid shall be
sufficient proof of notice. The lime of surrender or the effective data of pnelation
5. Ali Ap)ut Coal No action shali fie against the Com~Vir unless, as I con• stated in the notice shall become the and of the policy period. Delivery of such written
dtion precedent thereto, there shall have been lull Com• notice either by in., Named lewd or by the Company shall be equivalent to mill
pliaece with all of the terms of this polity, nor until the amount of the lord,e If the Naafi Ill l cancels, earned premium shall be computed in accordance
with
obligation to psi, shall have been fmlly ce emined either by judgment against the the customary short Fate table and proctdure. if the Cc npany cancers, torned pnmium
added titer teat trial or by written agfacment of the lord, the Clamant and the shall be computed pro rate. Premium offustment may be made ether it the time can-
Company. cetation is effected or is soon is pnc'.rable after uncdation Decants effactiea, but
All, person or organinYoo or the Ie`af rrljrriil ive theraof who has secured such payment or tender of unearned premium is not a condition of cancelation.
jument or written .greo~ment shall I, at alter be entitled to recover under this polic
to 1ho extent of the ir•urauce Minded by this policy. No person Far vganilation shalt 12, Ottdanliws By acceplance of the policy, the Planes allied agrees
that iM
have all r 1b: under this p~olit to 1Join the Company is a party to any action against slitemenls In the decltetions are his agreements and re~~raentr
the lusiralto determine the lgrel t Bahl' ty, nor shall the Comp my be impleaded bp lions, that this policy it issued in reliance upon the truth of such tri esentatione
and
the dsgacf of his legal rep,lintative, Irupicy or i%olvency of the taloned or of that this pclicy embodies all agreem.nls existing tithe himself and the Company
of
the Ilnrel's estate shall not r0sive the (ompany of any of its obligations hereunder, *my of its agents relating Io this insuence.
N~tiwl, xrigN~ Ir~tr IRev . 1 1731
Nr;CIFt.R L tRGti L1,1dILIf f I-Xii ION
.._,c ri 1 cl, aaj ya'+.ily A.u toi,t bite
I. This policy does not apply, "hazardous properties" include radioactive, took or explosive properties;
A. Under any Liability Coverage, to loQv Iijery of property dainage 'wuclem malarial" means knce materW, special nucleus In.terlal or by-product malil
(1) with respect to which an Insured under the policy is also an insured under Noi ma er:d", "special nuclear maerial", a-d'byproduct material have the manngs
a ,,uclear energy liability policy issued by Nuclear Energy Liability Insurance given them in the Alomic Energy Ad of 1954 or in any law amendatory thereof:
Association, Mutual Alomic Energy Liability Underwriters or Nuclear Insur•
ance Association or Canada, or would be :n insured under any such policy "spent fuel" means try fuel element or fuel component, solid or liquid, which
has
tc! 'or it; th.miny:on upon cxh-sti:n or its "ml of r ;Leidy, or bi,en us rd or exposed to r.didtion in a nuclear reactor;
(2) resulting from the hanrdew prepertiw of nuclear maternal and with respect 'Stash" means any waste materal
to which (a) any person or organization is required to maintain financial pro-
tection pursuant to the iii Energy Act of 1954, or any law amendatory 4) containing by-product material other than the tailings or wastes produced b tine
thereof, or (b) the blued is, or had this policy not been issued would be, extraction or concentration of uranium or thorium from any ore processed prlmarilfor
ertit'ed to indemnity from the United States of America, o, any agency its source material content, and
th,,air
, under any aPreement entered Into by the United Slates of America,
or wy agency Ihereol, with any person or organization. to) resullinQ from the operation by any person or organization of any nuclar facility
B. Under tiny Med;tal Payments Coverage, or under any Supplementary Paymenh included under the irst two paragraphs of the definition of nucleus lacl6ty;
provision "I'll, to first aid, to expenses incurred with respect to bodily Injury "atelear heiritj" means
resulting hnm k hxardow properties of nuclear material and arising out of (a) any nuclear factor,
the operation of a nsdeu facility by any person or organization.
roe any equipment or device designed or used for (k) separating the isotopes of
C. Under toy Liability Coverage, to bodily lojurf or property tall resulting from uranium ar plutonium, (2) processing or utilizing rpeel fuel, or (3) handling,
the Wardens pi spertits of nuclear mahrle , if processing or packaging waste,
il) the nuclear material (a) is at any nuclear lacility owned by, of operated by (c) any equipment or device used for the processing, fabricating or alloying of
or on behalf of, in fnsuref or (b) has been discharged or dispersed there- special nuclear material if at any time the total amount of such material in
from; the custody of the Insured at the premises where such equipment or device
(2) the ntdeu material is contained in spent feel or waste at any is located cons+sts of or contains more than 25 grams of plutonium or ura-
Y pos nium 233 or any combination thereof, ur more than 250 grams of wani9m 235,
sessed, handled used processed, stored, transported or disposed of by or
on behalf of an lesreJ; or id) any struc(ure, NO, e)cavation, premises of place prepared of used for the
(3) the Iolrf lejer or storage or disposal of welts,
y y properiy~ damage arises out of the furnishing by an
Warel of services, malaria s, parts or equipment in connection with the and includes the site on which any of the foregoing is located, all operations con-
ptanning, construction, maintenance, operation or use of any nacleu lacility, ducted on such site and all premises used for such operations;
but if such facility is located within the United States of America, ils terry "nuclear reactor" means any apparatus designed or used to sustain nuclear fiss'nn
tortes of possessions or Canada, this exclusion (3) applies only to property in a self-supporting chain reaction or to contain a critical mass of fissionable to
ie•
fail to such molar facility and any property thereat. rial;
IL As used in this exclusion: "property Israeli" intrudes all forms of radioactive contamination of property.
It 11idasg 1116(reef, tit Company his closed this policy to be allied If Its Pras4ell col ats lecAlary at Battimare! Maryland, and ccestuslgwl by a Oily attharinl representative.
UNITED STATES FIDELITY AND GUARANTY COMPANY
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.
SacnU'y Pnddent
Casoon v 114r9)(A3 OD-411
iM. 14411
x
,
CONTRACT AGREEMENT
Bid #8799
STATE OF TEXAS j
COUNTY OF Denton
THIS AGREEMENT, made and entered into this 22 day of_ August
A.D., 19_L0, by and between City of Denton, Texas
of the County of Denton and State of Texas, acting through John J.
Marshall, purchaoing Agent thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and Craig
Olden, Inc., Route 1, Box 172, Frisco, Texas
of the City of - Frisco County of Denton
and State of Texas Party of the Second Part, hereinafter
termed CONTRACTOR.
NITNESSETH: That for and I'm Lunsideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and under the conditions expressed in the bonds
bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part (OWNER) to commence
and complete the construction of certain improvements described as follows:
Bid proposal #8799 Section A, Bell at Woodland Drainage Improvements 1980
for the total bid price of $51,497.83
and all extra work in connection therewith, under the terms as stated in
the General Conditions of the Agreement; and at his (or their) own proper
cost and expense to furnish all th9 materials, supplies, machinery, equip-
ment, tools, superintendence, labor, insurance, and other accessories and
services necessary to complet9 the said construction, in accordance with
the conditions and prices staked in the Proposal attached hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions
at
to Bidders, and the Performance and Payment Bonds, all attached hereto,
and in accordance with the plans, w!!'ch includes all maps, plats, blue-
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by Citr of
Denton, Texas Engineering Dept. Rick Svehla
, all of which are made a part hereof and collectively
evidence an constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in a written notice
to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are pro-
vided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this Con-
tract, such payments to be subject to the General and Special Conditions
of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this agreement in the year and day first above written.
ATTEST:/
__Co f Denton, Texas
arty o t e- rsL art, MET'
, -
r" /If/ !rt!' f
Furchasiing Agent
(SEAL)
ATTEST:
t L
Part ~o 43y F'res,
t P.
(SEAL)
PERFORMANCE BOND
STATE OF 7cXAS
COUNTY OF Denton
l(NOW ALL MEN BY THESE PRESENTS; That Craig Olden. Inc.
of the City of Frisco
County of Denton and State of Texas ,
as PRINCIPAL, and The American Druggists' Insurance Co.
as SURETY., •
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto the city of Denton
, as OWNER, in the penal sum of Fifty-one
thousand four hundred ninety seven and 83/100oliars 51,497.83---}
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrat.•,s, executors, .successors and assigns,. Jointly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 22ndday of August 19 80 , for the con-
struction of
Bid Proposal #8799 Section A. Bell at Woodland Drainage Improvements
J980
which contract is hereby referred to and made a part herev6 as fully and to
the same extent as if copied at lencth herein.
NOW, THEREFORE, the condition of this obligation is such, that if
the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and cove-
nanted by the Principal to be obserred and performed, and according to the
true intent and Weaning of said Contract and the Plans and Specifications
hereto annexed, then this obligation shall be void: otherwise to remain
in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be determined in ,ccordance with the provisions of said
Article to the same extent as if it were copied at length herein.
PROYICED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract, or to the work to be per-
formed thereunder.
sealed thisNinstrumentHthisF ge daydofrSep iemberd Surety have0signed and
lden Inc. The American Druggists' Insurance Cu,
r nc paI urety
SyS/ B
Title
Title Wtllar t at me -in-fact
Address Craig, Olden,- VIG. Address_ fl ! iC f Rf1TTY POIJfQC b ! 0
Rt. 1 Box 172 1000 FJ1) LITY uPJ oN TOWER
214.292.175°] Tel. (214) 7444311
- 914 691 3 ii lla
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety Is:
ELLIS CR iTTY POWERS & CO.
Willard Crotty inns FILE[ .
DALLAS, TEXAS 75201
NOTE: Date of Pend must not be prior to date of Contract.
• V
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN 8Y THESE PRESENTS: That Craig Olden, Inc.
of the City of Frisco ,
County of Denton , and State of Texas as
principal, and The American Druggists' Insurance Co.
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto the City of Denton
(Owner), in the penal sum of (E_51.x!97.83----)
Fifty-one thousand four hundred ninety seven and 83/100
Dollars for the
payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, sucessors and assigns, Jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain writte,l contract
with
the Owner, dated the 22nd _day of August , 1980
Bid Proposal #8799 Section A. Bell at Woodland Drainage Improvements
1980
to which contract is hereby referred to and made a part hereof as fully
and to the same extent as if copied at length herein,
NOWT, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material to
him or a subcontractor in the prosection of the work provided for in saif
contract, then this obligation shall be void, otherwise to remain in full
force and effect;
PROVIDED, HOWEVER, that this bond is execute pursuant to the
provisions of Article 5160 of the revised Civil Statut(s of Texas as
r
amended by the acts of the 56th Legislature, Regular Session, 1959, and
all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at
length herein.
aurety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, al-
ternation or addition to the terms of the contract, or to the work to be
performed thereunder.
11 WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 4th day of September 1980
.
Craig Olden Inc. The American Druggists' Insurance Co.
Principal-
nc pa urety
By:_ By
Title: Title: Willard Crotty a orney-in-fact
Address: 'rafg Ofden, Irk Address:- FI I is rr![11TY F'l'ti' P~ ,0
Frisco. Tx. 75034
214•G91•I815
`
The name and address of the Resident Agent of Surety is:
ELLIS CROTTY POWE iS & CO.
Willard Crotty 10nnri elrrvIINIONTOWER
DALI rc~;AS 15201
Tel. (e4ii) ~44 4314
POWER OF ATTORNEY PQWERNUMBER -
THE AMERICAN DRUGGISTS' INSURANCE COMPANY
800 American Building a Cincinnati, Ohio 45202 a 513. 1214270 SP N? X1'5558r~
1
KNOW ALL MEN BY THESE PRESENTS TIE AMERICAN DRUGGISTS' INSURANCE COMPANY, a corporation duly organized
under the laws of the State of Ohio, and having its general office In the city of Cincinnati, State of Ohio, has made, constituted and
appointed, and dots by these presents, make, constitute and appoint
Wittimn D. EUA"ong, Toint Ph,if4irA,
Tcm P. Eta, Jail a N. Poweu,
of Wi.Uamid cAotty of Dal&A Torn A _
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign and deliver in Its behalf as Surety, fny and
all kinds of Surety Bonds,except as limited hereon, and to bind THE AMERICAN DRUGGISTS' INSURANCE COMPANY t'iereby as
fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS'
INSURANCE COMPANY uid all the acts of said Attomey•In•Fact, pursuant to the authority hereby given, ue hereby ratitkd and
confirmed, provided that the habdity of the Company as surety on any such bond executed under this authority shill not exceed
One Hundhed Thou6and DottaU
THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK,
(This power does not authonte the execution of bonds for loan, financial or bank guarantees.)
The z;knuwledgement and execution of any such document by said Attorney-in Fad shall be as binding upon the Company as if such
bnrd had been executed and acknowledged by the regularly elected officers of this Company.
The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any
such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any
such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to
which it is attached, continue to be valid and binding on the Company.
THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution
of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force, to wit: All
Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice Pesident, or by such
other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint
Attorneys in-Fact of agents who shall have authority to issue bonds in the nam: of the Company.
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of Immy
19_$)_ but until such time shall be irrevocable and in full force and effect.
IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY has caused thew presents to be execut-
ed by Its officer, with its corporate seal affixed, this date of tlJesik._ , 195'.
THE AMERICAN DRUGGISTS' INSURANCE COMPANY
~ r 1111
_ A
STATE OF 01110 ) SS. President
COUNTY OF HAMILTON )
On this "±&.Ct~ , 14S~ before me, a Notary Public, personally appeared Gordon M. Barker who being by
G~!
me duly sworn, acknowledged that he signed the above Power-of•AttomeY is an officer of the said THE AMERICAN DRUGGISTS,
INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation.
My commission expires: January 15, 1985. h A)-,.47-
4+ ---~tiryl f1C
G
If you have any questions concerning thb power call 513.711.4270 for verification.
~6~
1
f
L •
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR THE CONSTRUCTION OF
r
DUNCAN ST. REALIGNMENT
. PREPARED BY
THE DEPARTMENT OF ENGINEERING AND DEVELOPMENT
CITY OF DENTO'N, TEXAS
O
RICK A. SVEHLA P. E,
DIRWOR OF INGINCIRING
aea DEVILOPMeNT
f
1
TABLE OF CONTENTS
Notice to Bidders
Proposal
Standard Form of Agreement
Performance Bond
Payment Bond
General Provisions
Definition of Bid Terms
a
t NOTICE TO BIDDER
BID 08798
Sealed bids addressed to the City of Denton, Texas will be received at the
office of the Purchasing Agent, City Nall, until 10 a.m. on August 7, 19809
for the construction of paving improvements on Duncan Street in the City of
Denton. The bids will be publicly opened and read in to Civ;l Defense Room,
City Hall, at 10 a.m. on August 7, 1980. The City Council will officially
rev!ew the bids at their regular meeting on August 19, 1980, and award the bid
as soon thereafter as practical.
Each bid must be accompanied by a cashier's check, certified check or
acceptable bidder's bond payable without recourse to the City of Denton,
Texas, in an amount not less than five (5Z) percent of the bid submitted as a
guarantee that the bidder will enter into a contract and execute a performance
bond and a payment bond within fifteen (15) days after the notification of the
award of the constract to him.
Major bid quantities for the project are as follows:
1320 S.Y. 5" Asphalt Pavement
1375 S.Y. Lime Treated Subgrade
7530 L.F. Concrete Curb and Gutter
100 L.F. 24" RCP
Plans and specifications may be secured from the Director of Purchasing, 215
E. Mckinney Street, Denton, Texas, on deposit of twenty-five ($25.00) dollars
per set, which sun so deposited will be refunded, provided the documents are
returned to the City within fifteen (15) days after the bids are opened.
CITY OF DENTON, TEXAS
BY
rector o u c or s
Attest:
ty Attorney
1
BID 9775
P 20POSAL
TO
THE, CITY OF DENTON, TEXAS
For the Construction of
REALIGNTIVIT of DUNCAN STREET
IN
DENTON, DENTON COUNP'.', TEXAS
The undersigned, as bidder, declares that the only person or parties
interested in this proposal as princ!pals are those named herein,
that this proposal is made without collusion with any other person,
firm or corporations that he has carefully examined the form of
contract, Notice to 3iddeLs, specifications and the plans therein
referred to, and has carefully examined the locations, conditions,
and classes of materials of the proposed work and agrees that he
will provide all the necessary labor, machinery, tools, a?paratus,
and other items incidental to construction, and will do all the wnrk
and furnish all the materials called fo: in the contract and
specifications in the manner prescribe' therein and according to the
requirements of the City as therein set forth.
It Is understood that the following quantities of work to be done at
unit prices are approximate only, and are intended principally to
serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit prices
and material to be furnished may be increased or diminished as may
be considered necessary, in the opinion of the City, to comolete the
work fully as planned and contemplated, and that all quantities of
work whether increased or decreased are to bra performed at the unit
prices set forth below except as provided for in the specifications.
rt is further agreed that lump sum prises may be increased to cover
additional work ordered by the City, bot not shown on the plans or
required by the specifications, in accordance with the provisions to
the General Conditions. SimiLarly, they may be decreased to ever
deletion of work so ordered.
t ,
It is understood and agreed that the work is to be co„ipleted in full
within sixty (50) working days.
Accompanying this proposal is a certified or cashier's check or oid
Bond, payable to the Owner, in the amount of five percent of the
total bid.
J
It is understood that the bid security accompanying this proposal
shall be returned to the bidder, unless in case of the acceptance of
the proposal, the bidder shall fail to execute a contract and file a
performance bond and a payment bond within fifteen days after its
acceptance, in which case the bid security shall become the property
of the Owner, and shall be considered as payment for damages due to
vela; and other inconveniences suffered by the Owner on account of
such failure of the bidder. It is understooO that the Omer
reserves the right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all work of
whatever nature required, in strict accordance with the plans and
specifications, for the following sum or prices, to wit:
1
Rc 8 7 9~
TOTAL BID PRICE ,7.
TOTAL BID PRICE IN WORDS TN/QTY-
In the event of the award of a contract to the undersigned, the undersigned
will furnish a performance bond and a payment bond for the full amount of the
contract, to secure proper compliance with the terms and provisions of the
contract, to insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for labor performed
and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when
fully completed and finsihed in accordance with the plans and specifications,
to the satisfaction of the Engineer.
The undersigned certifies that the bid price contained in this proposal have
been carefully checked and are submitted as correct and final.
Unit and lump-sum prices are shown in words and, figures for each item listed
in this proposal, and in the event of a discrepancy, it is understood that the
words shall control.
o trac )
BY
"rr
(Street Address)
City and St el
goal a Authorisation
(It a Corporation) -~j~ ~3a°2- goal
\ (Telephone}
DRAINAGE IMPROVEMENTS ON
PAISLEY STREET
Item Approx. Description w/Unit Prices Unit Extension
No. Quart. Written in Words Price Amount
100 - -
Lump Sum Preparation of Right of Way
and Unclassified Excavation
(Density Control) for
F/pE - rWOa-foeaDo1lars
NO & Cents
er ump um
104-8 455 Lineal Feet of Removing Con- ;.F 'Ilq/p, 1e
crete Curti and Gutter for
7 wD Dollars
love & Cents
er nee o0
260 1315 Square Yards of 6-inch d2.
~'r 3, Oq.3, mss"
I.1me Treated Sub grade
(Density Control) for
-rti0 Dollars
:agQJrV-FiV6* & Cents
er Square Yards
264 12,5 Tons of Type A Hydrated Lime ` `'t9~'O,
for
s-dYCd)r/ -k5/X Dollars
- 6 & Cents
Per [on
A
340A 1320 Square Yards of 5-inch
Asphalt Pavement for
/GNT Dollars
6AN - " & Cents
er quare ar
Item Approx. Description w/Unit Prices Unit Extension
No. puan. Written in Words Price Amount
340C 3 Tons of Type D Asphalt PatchS~~b. t_ w
Material, in place, for
/FTs/ Dollars
/LSD b Cents
eP- r7on
421 L.S. Two Texas Highway Department AO
Standard 24" Headwalls Type 8 X
for
GuaE• +4J0•dc~E• l1arrs ram
WejoT6; TNFSE vexoA✓s1L4i b Cents
er ump um
DoT 'TYPE .8
465A 100 Lineal Feet of 24-inc.1 Rein-
forced-Concrete Sewer Pipe
(Circular Class III) fo:.
FDU.p7EEh1 Dollars
-njaj -fldE- b Cents
Ter nea oot
522 1530 Lineal Feet of Concrete ~L• , 4 /80.
Curb and Gutter for r
Dollars
itlo b Cents
F nea o0
Item Approx. Description w/Unit Prices Unit Extension
No. Quan• Written in Words Amount
.....,------------------------------•--•---------....--------f_- .~ce
5248 14 Square Yards of 8-inch Rein. jp
forced Concrete Pavement for Z9' " ~y/3. '
T1%)BrA) -Y - A)We- Dollars
F1 cry & Cents
Per Square ord-"-
S.P.-2 455 Lineal Foot of Saw Cut on ` z~40 9/ a
Existing Concrete Pavement for
71.10 Dollars
o o0 & Cents
er nea
s
TOTAL BID PPICF
TOTAL BID PRICE IN WORDS
In the event of the award of a contract to the undersigned, the undersigned
will furnish a performance bond and a payment bond for the full amount of the
contract, to secure proper compliance with the terms and provisions of the
contract, to insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for labor performed
and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when
fully completed and finsthed in accordance with the plans and specifications,
to the satisfaction of the Engineer.
The undersigned certifies that the bid price contained in this proposal have
been carefully checked and are submitted as correct and final.
Unit and lump-span prices are shown in words and figures for eac!i item listed
in this proposal, and in the event of a discrepancy, it is understood that the
words shall control,
(Contractor)
BY
(street Address)
(City and State)
Seal i Authorization
(If a corporation)
(Telephone)
e
STANDARD FORM OF AGREEMENT
STATE OF TEXAS
COUNTY OF bA,.' 0V%
THIS AGREEMENT, made and entered into this f~ _day of
~+tgk4$+ , A.D., 19 SO , by and between }i Gi t
C4 of the County of
and State of Texas, acting through ~iC~oar~ Q. sk--_ f'j
M o~ e,,r
thereunto duly authorized so to do, Party of the First Part, herein-
after termed OWNER, and ac&gOe_.
IN}.re..cl- 3~ 1 y Chc~.k y.P. F~ o
of the City of County of
and State of Party of the Second Part, herein-
after termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by
the Party of the First Part (OWNER), and under the conditions
expressed in bond bearing even date herewith, the said Party of the
Second Part (CONTRACTOR), hereby agrees with the said Party of the
First Part (OWNER) to commence and complete the construction of
certain improvements described as follows:
Paving improvements on Duncan Street Realignment located in the City
of Denton and all extra work in connection therewith, under the
terms as stated in the General Conditions of the Agreement and at
his (or their) own proper cost and expense to furnish all the
materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to
complete the said construction, in accordance with the conditions
and prices stated in the Proposal attached hereto, and in accordance
w~
ti
with the Notice to Contractors, General and Special Conditions of
Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the specifications and addenda
therefore, as prepared by
herein entitled the ENGINEER, each of which has been identified by
the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S
written Proposal, the General Conditions of the Agreement, and the
Performance and Payment and Maintenance Bonds hereto attached; all
of which are made a part hereof and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within fifteen
(15) days after the date written notice to do so shall have been
given to him, and to substantially complete the same within one
hundred fifty (150) working days after the date of the written
notice to commence work, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
t
r '
AAOL i
Party a First Part Par o the Se and P rt
ER) (C TRACTOR)
Sy By
Attests f"~ ~7 Attestr O
i
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That
of the City of
County of , and State of
as
principal, and
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
in the penal sum of
Dollars ) for the payment
whereof, the said Principal and Surety bind themselves, and their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain
written contract with the City of Denton, dated the day
of , 19
r
To which contract is hereby referred to and made a part hereof an
fully and to the same extent as if copied at length herein,
NOW, Tr{EREFORF., THE CONDITION OF THIS OBLIGATION IS
SUCH, that if the said Principal shall faithfully perform said
Contract And shall in all respects duly and faithfully observe and
perform all and singular the covenants, conditions and agreements in
and by said contract agreed and covenanted by the Principal to be
observed and performed, and according to the true intent and meaning
of said Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void; otherwise to remain in full
force and effects
PB-1
PROVIDED, HOWEVER, that this bond is executed
pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by the acts of the 56th Legislature,
Regular Session, 1959, and all liabilities on this bond shall be
determined in a=cordarce t:ith the previsions of said Article to the
same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that
no change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this day of
19 .
PRINCIPAL SURETY
By By
Title
_ Title
Address: Address:
The name and address of the Resi(14?nt Agnnt of Surety is:
PB-2
t
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That
of the City of
County of , and the State of _
as Principal, and
authorized under the laws of the State of Texas to act as Surety on
bonds for principals, are held and firmly bound unto the City of
Denton, Texas, in the penal sum of
.Dollars ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs, ad-
ministrators, executors, successors and assigns, jointly and weveral-
ly, by these presents:
WHEREAS, the Principal has entered into a certain written con-
tract with the City of Denton, dated the day of
19,
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein,
NOW, THEREFOPE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shell be
void, otherwise to remain in full force and effects
PROVIDED, HOWEVER, that this bond is executed pursuant to tho
provisions of Article 5150 of the Revised Civil Statutes of Texas as
a
Pia-3
amended by the acts of the 56th Legislature, Regular Session, 1959,
and all liabilities on this bond shall be determined in accordance
with the provisions of said Article to the same extent as if it were
copied at length herein.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice
of any such change, extention of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this day of 19
PRINCIPAL SURETY
By BY
Title Title
Address: Address:
The name and address of fhe Resident Agcn,t of Surety is:
d
PB-4
GENERAL PROVISIONS
SPECIFICATIONS
This project s':all be constructed by utilizing the Texas HI hwa
Department 1972 Standard Specifications for Construct on a
K ghwavI'll , Streets and Br dues. Any permiss ble dev at ion from those
specifications will be noted in the section of General Provisions or
Definition of Bid Items. Where the Highway Department
specifications make reference to the "State", this project shall be
interpreted to refer to the City of Denton, Texas. Likewise, the
terms "Commission" and "Department" shall refer to the Engineering
Department of the City of Denton. Any reference to the term
"Engineer" shall apply to the City Engineer for the City of Denton,
Lq=:;aa, The City Engineer or his representative is authorized to act
for the City of Denton on ali matters concerning the construction
procedures, specifications, or activities while the work is in
progress. In addition, all materials and construction shall comply
with the current standards, specifications and procedures of the
Amerlca6 Waterworks Association,
LOCATION OF PROJECT
This improvement project is totally located within the city limits
of the City of Denton, Texas, A map showing the general location of
the sewer and water improvements is included in the plans.
SCOPE OF WORK
The work to be performed under this contract consists of furnishing
all materials, labor, supervision, tools and equipment necessary for
the construction of water main and sanitary sewer main in the eight
areas as shown on the plans titled Duncan Street Alignment dat9d
July 1980.
PLANS AND SPECIFICATIONS
Plans and specifications may be obtained at the Purchasing
Department, Denton City Hall, upon deposit of twenty-five ($25.00)
dollars, The entire deposit will be returned to the planholder if
the plans and specifications are returned to the City, in good
condition, within fifteen (15) days following the official opening
of bids. If the prospective bidder does not properly return the
plans and specifications, the deposit sum of twenty--five ($25,00)
dollars shall become the property of the City of Denton, Texas.
t
EXAMINATION OF SITE PROJECT
Prospective bidders shall make a careful examination of the site of
the project, soil and water conditions to be encountered,
improvements to be protected, disposal sites for surplus materials
not designated to be salvaged materials, and as to the method of
providing ingress and egress to private properties, and methods of
handling traffic during construction of the entire project.
COMPETENCY OF BIDDERS
The City reserves the right to thoroughly investigate the financial
resources and the experience of all bidders prior to award of the
contract.
QUALIFICATION OF LOW BIDDER
Before being awarded a contract, the low bidder shall submit such
evidence as the City may require to establish his financial
responsibility, experience and possession of such equipment as may
be needed to prosecute the work in an expeditious, safe and
satisfactory manner.
Should the low bidder fail to produce evidence satisfactory to the
City on any of the foregoing points, he may be disqualified and the
work awarded to the next low bidder so qualifying,
AWARD OF THE CONTRACT
By authorization of the City Council of the City of Denton, the City
Manager or his representative will notify the successful bidder, In
writing, within thirty (30) days after the date of receiving bids,
of its acceptance of his proposal. The Contractor shall complete
the execution of the required bonds and contract within fifteen (15)
days of such notice.
PERFORMANCE AND PAYMENT BONDS
The Contractor shall execute separate performance and payment bonds
in the sum of of one hundred (100) percent of the total contract
price. Thee* bonds shall be executed on standard forms for this
purpose which will guarantee the faithful performance of the work
and further guarantee the payment to all persons supplying labor and
materials or furnishing any equipment used in the execution of the
contract, The contract shall not be in effect until such performance
and payment bonds are furnished and approved by the City Attorney.
MAINTENANCE BOND
The Contractor shall file with the City of Denton, Texas, a good and
sufficient maintenance bond with an approved suretv in %.n amount
equal co ten (10) percent of the total cost of this project,
guaranteeing that the workmanship and materials furnished under
these specifications and used in all parts of said improvements are
in all respects first class and of such kind and quality that for a
period of one (l) year from the completion and final acceptance
thereof by the said City of Denton, the sairl water and sewer lines
shall require no repairs, the necessity for which shall be
occasioned by defects in said workmanship or material. If, however,
during the said period, in the opinion of the Mayor and City
Council, the said water and sewer lines or associated atructures and
equipment shall require repairs and the necessity for such repairs,
shall, in their opinion, be occasioned by defective workmanship or
materials furnished in the construction of any part thereof or any
of the accessories thereto, built by this Contractor, then such
repairs, on due notice being given at any time during said period,
by the City, to the Contractor, shall promptly be made by the
Contractor in the following manner:
Upon notice from the City, served at any time during the period of
said guarantee, the Contractor shall at his own expense take out and
remove all worn out, inferior or defective materials fougd in the
water and sewer lines, manholes, valves, hydrants, fittings,
pavement, line supports or any other part of the water and sewer
lines or accessories thereto, and good acceptable materials shall be
substituted therefor, including any water and sewer lines or
materials that have became injured, or have became damaged by reason
of their being in close proximity to such imperfect material or
workmanship, the Contractor shall take up, repair and/or replace all
water and sewer lines, manholes, valves, hydrants, etc., that have
became defective if fo-ind to be so during the term of said guarantee.
Should the :ontractor fail to make such repairs as are deemed
necessary, written notice to make the repairs shall be given by the
City to the Contractor and the Surety. If said Contractor or Surety
shall fail or neglect for a period of ten (10) days to make such
necessary repairs as herein provided, then the Cite shall have the
right with or without further notice, to proceed to make such
repairs or cause the same to be done either by contract or otherwise
at its option and to pay for the coat of such repairs.
If such cost of repairs so made shall not be paid by the said
Contractor or Surety upon receipt of Notice of the amount thereof,
i
the said City shall have the right of action on the Maintenance
Bondi or in case the said repairs shall not actually be made by the
Ci*.y after such fa'lure on the o-rt of the Ccnt.acto: or Surety, the
City shall have the right to ascertain and determine the costs of
such repairs and to maintain an action against the said Contractor
or Surety, or both under said bond, to recover the amount so
determined in any court of competent jurisdiction, and the amount so
deter~ained shall be conclusive upon the Contractor and Surety in any
action upon said bond.
TIME ALLOTTED FOR COMPLETION
The time allotted for the completion of all items of work shall he
60 working days, which time shall begin on or before the tenth
(10th) day after the issuance of the Work Order. The Work Ord--c
shall consist of a written request by the City Engineer for the
Contractor to proceed with the construction of the project. The
Contractor will not be allowed to prosecute the work oit Sundays
without written permission by the City.
LIQUIDATED DAMAGES FOR DELAY I
The Contractor agrees that time is of the essence of this contract
and that for each day of delay beyond the number of working days or
completion date herein agreed upon for the completion of any portion
of the work herein specified and contracted for, the City may
withhold, permanently, from the Contractor's total compensation, a
sum for liquidated damages for such delay based on the rates shown
in Texas ilighway Department Specifications.
TESTING OF MATERIALS
The Contractor shall furnish all materials for tests which will be
done by the City.
Tests will be made by the City at no expense to the Contractor,
except that in the event a test indicates that tie material does not
meet the requirements of the specifications, the Contractor shall
bear the cost of that test.
STATE SALES TAX
This contract is issu-id by an organization which qualifi:a for
exemption pursuant to the provisions of Article 20.04 (F) of the
Texas Limited Bales, Excise and Use Tax Act.
w
The Contractor performing this contract may purchase, rent or lease
all materials, supplies, equipment used or ccfisumed in the
performance of this contract by issuing to his supplier an exemption
certificate in lieu of the tax, said exemption certificate complying
with State Comptroller's ruling #95-0.07. Any such exemption
certificate issued by the Contractor in lieu of the tax shall be
subject to the provisions of the State Comptroller's ruling 195-0.09
as amended to be effective October 2, 1968.
WAGE RATES
All employees of the Contractor on the work to be performed under
this contract shall not be paid less than the prevailing wage scale
in this locality for work of a similar character, and in no event
less than the rates specified in the Minimum Wage Scale.
COORDINATION WITH OTHERS
In the event other contractors are performing work in the same area
simultaneously with this project, the Contractor shall coordinate
his proposed construction with that of the other contractors.
PUBLIC UTILITIES
It is anticipated that utilities will be relocated prior to the work
under this contract being startedl however, utility relocations may
be done during the performance of this contract in which case the
right is reserved to the owner of public utilities to enter upon the
limits of the project for the purpose of making such changes or
repairs of their property that may be made necessary by the
performance of this contract. The Contractor will not be
responsible for relocating or adjusting utilities except as provided
for in the plans or in the Definition of Bid Items section.
EXISTING STRUCTURES
u
The plans show the locations of all known surface and subsurface
structures. However, the City assumes no responsibility for failure
to show any or all of these structures on the plans, or to show them
in their exact locations. It is mutually agreed that such failure
shall not be considered sufficient basis for claims for additional
compensation for extra work or for increasing the pay quantities in
any manner whatsoever, unless the obstruction encountered is such as
to necessitate changes in the lines or grades, or requires the
building of special work, provisions for which are not made in the
plans and proposal, in which case the provisions in these
specifications for extra work shall apply.
The Contractor shall provide an ultimate effort toward safe and
smooth flow of traffic during work hours.
Flagmen will bc' esse:.tial 11L many areas. Flagmen shall have standard
reflective vests and flags as minimum equipment. Flagmen shall also
be knowledgeable ds to the correct procedures for flagging and shall
be aware of traffic patterns and traffic needs.
All broken, damaged, or ineffective barricades or signs shall be
removed from the project and replaced within two (2) hours after
notification by the City Engineer or his designated representative.
No work will be allowed to begin prior to proper placement of all
barricades and signs.
The Contractor shall designate a person who will be in charge of all
barricades and signs. This person shall be knowledgeable of all
current regulations of law regarding proper procedures for
barricading in construction areas. This person shall be available
to perform these duties during working hours, night hours, weekends
and holidays. The Contractor shall also be required to provide
watchmen after working hours, on weekends, and on holidays for the
entire length of the project.
All detours, closures, partial closures, or other construction
activities that require a major displacement of traffic ball be
scheduled to begin on Mondays. A one week notice shall be required
so that the City can communicate this information to the public.
All barricades and sign locations shall be coordinated prior to any
closures through the use of schematics prepared by the contractor
and approaed by the Engineer. These schematics showing location and
ty[.e of barricade will be submitted at the time notice of closure is
given. A barricading meeting will be held by the City with the
Contractor's superintendent, the person in charge of the barricades,
and the foreman in charge of the particular construction to be done.
WATER FOR CONSTRUCTION •
Water used for jetting or flooding trenches, sprinkling, testing,
and flushing of pipe lines, or any other purpose incidental to this
project, will be furnished by the Contractor. The Contractor shall
make the necessary arrangements for securing and transporting such
water and shall take such water in such a manner and at such times
that will not produce a harmful drain or decrease of pressure in the
City's water systvr. water shall not be used in a wasteful manner.
The Contractor shall make arrang.-men:s with the City to provide the
water required and the Contractor shill pay for the water at the
prevailing rate.
The Contractor shall be responsible for the protection of all
existing utilities or service lines crossed or exposed by his
construction operations. Where existing utilities or service lines
are cut, broken or damaged, the Contractor shall replace or repair
the utilities or service lines with the same type of origiral
material and construction, or better, at his own cost and expense,
with the exception of those items included in the bid schedule.
Water meters, if such are encountered, shall be adjusted by the
Contractor in accordance to directions from the municipal »tility
company. The Contractor shall adjust new and/or existing manholes,
if such are encountered, to grade. The adjustment of utility valves
shall be performed by the Contractor as an incidental item to the
general contract.
POLES, SIGNS, GUY WIRES, ETC.
All utility poles and guy wires, private sign posts, signs and
similar private obstructions which interfere with the construction
of this project will be removed and replaced by the owners thereof,
without cost to the Contractor.
BARRICADES, LIGHTS, DETOUR ROUTES AND SIGNS
The Contractor shall, at his own cost and expense, furnish and erect
such barricades, fences, flashers, signals, and signs, and shall
provide such other precautionary measures for the protection of
persons and property as are necessary. Safety to the working fcc ces
and the general public shall be of uppermost consideration in
scheduling all construction activities.
All signs and barricades shall i)e constructed and erected to conform
to standards as established in the latest edition of the Manual on
Uniform Traffic Control Devices, The Contractor shall submit a plan
for each site which must be approved by the City before construction
of that phase may begin, From sunset to sunrise, the Contractor
shall furnish and maintain at least one battery type flasher at each
barricade and a sufficient number of barricades shall be erected to
keep vehicles or pedestrians from entering hazardous work areas
during construction.
The Contractor will be held responsible for all damages to the work
due to failure of the barricades, signs, lights, and watchmen
required to protect the work area. The Contractor's responsibility
for the protection of the work shall not cease until the project has
been accepted by the City.
If, in the opinion of the City Engineer or his duly authorized
representative, the barricades and signs installed by the Contractor
do not properly protect the work area, the Contractor shall
immediately cease all other work activities and correct the
deficiency in proper barricading.
SITE CLEANLINESS
During construction of the work, the Contractor shall, at all times,
keep, the site of the work :-nd adjacent r:em+_ses as free °rca
material, debris and rubbish as is practicable and shall remove same
from any portion of the site if, in Lhe opinion of the Engineer or
his designated representative, such material, debris or rubbish
constitutes a nuisance or is objectionable.
The Contractor shall remove from the site all of his surplus
materials and temporary btructures when no further need therefor
develops.
STAKING LINES AND GRADE
The City shall furnish staking for all alignments, grades and
elevations which the Contractor shall protect and maintain. Any
survey stakes or markers that are disturbed by the Contractor shall
be replaced by the Contractor immediately upon notification by the
City. The Contractor shall furnish suitable material, labor and
expertise to erect and maintain adequate batter boards for utility
line construction as the job progresses.
U.S. POSTAL MAIL BOXES
The Contractor shall be fully responsible for maintaining and
protecting all existing M. Postal mail boxes during the
construction period. Postal mail delivery must be maintained on a
daily basis to the adjacent residents on the project. While
portions of the project are completely closed to traffic, the mail
boxes shall be relocated to a nearby street corner where they shall
be placed for temporary delivery service. The Contractor shall
relocate the boxes working in cooperation with the Postal Director
and the City. Following the completion of the paving, the
Contractor shall restore all postal boxes to the approximate
location behind the new curb. Because of the legal significance of
the postal delivery service, the Contractor shall consider this
responsibility as a first priority.
PARTIAL PAYMENT'S
Partial payments will be made on a monthly basis by the tenth (10th)
of each month. Only complete and in place items will be paid for
and no payment will be made for materials on hand, A ten percent
(101) cetainage will be held by the City calculated using the total
work complete to date of the par Aal payment.
r
MINIMUM WAGE SCALE
The rates below have been determined by the City of Denton, Texas,
in accordance with the statutory requirements and prevailing local
wages.
Overtime shall be paid for at the rate of one and one-half (1 1/2)
times the regular rates for every hour worked in excess of forty
(40) hours per week.
CLASSIFICATION PATE PER HOUR CLASSIFICATION RATE PFR HOUR
Asphalt Raker $4.50 Power Equipment Operators:
Batching Plant Scaleman 4.20 Crane, Clamshell, Backhoe
Carpenter, Rough 5.00 Dragline, Shovel
Concrete Vinisher 5.00 (Less that 1 1/2 C.Y.) $4.70
Concrete Finisher Helper 3.75 Crane, Clamshell, Backhoe
Form Builder. (Structures) 5.00 Dragline, Shovel
Form Builder Helper 4.15 ( 1 1/2 C.Y. & Over) 5.00
Form Liner (Paving,) 5.00 foundation Drill Operator 6.00
Form Setter (Paving) 4.00 Front End Loader
Form Settcr Helper 3.75 (2 1/2 C. Y. & Less) 4.1.5
Form Setter (Structures) 5.00 Front End Loader
Laborer, Colmlon 3.00 (Over 2 1/2 C.Y.) 5.00
Mechanic 5.00 Motor Grader Operatcr 4.)5
Oiler 4.20 Motor Grader Operator
Pipelayer 4.00 Fine Grade 5.00
Powderman 4.75 Roller, Pneumatic 3.85
Power Equipment Operators: Ncrapers 4.50
Asphalt Distributor 4.45 Scrapers, Fine Grade 4.75
Asphalt Paving liachinu 4.50 Tractor., 150 H.P. & Less 3.55
Bulldozer 4.50 Tractor, Over 150 H.P. 4.75
Bulldozer, Fine Grade 4.75 Boring, Machine 4.00
Concrete Curbing Machine 5.00 Welder 5.50
Concrete Paving Machine 4.95
Concrete Paving Saw 4.75 s
The CONTRIXTOR shall comply will all State and Federal Laws applicable
to such work.
The above are minimum rates. Bidders shall base their bids on rates
they expect to pay, if in excess of those listed, The OVNER will not
consider claims for extra payment to CONTRACTOR on account of payment
of wages higher than those specified.
Op-9
.
DEFINITION OF BID ITEMS
The following technical specifications pertain to specific bid items
which correspond to provisions of the 1472 edition of the Texas
Highw~r_ Department- Standard Speci*fications for Construction of
Highway~_Streets and Bridges
Item 100 Preparing Right-of-way and Unclassified Excavation
This item shall consist of preparing of right-of-way for
construction operations by the removal of all obstructions and
disposal of the materials at locations provided by the Contractor.
Such obstructions shall be considered to include remains of houses
not completely removed by others, foundations, floor slabs, fences,
storm sewer pipe, inlets, flumes, headwalls, culverts, retaining
walls, and all other debris. This includes the 12' valley gutter on
Stuart Road.
This item shall specifically include the removal and disposal of all
trees, shrubs, stumps and other landscape features not designated
for preservation.
This item does not Include the removal of concrete pavement, curb
and gutter, dr veway slabs or sidewalk pavement. The removal of
these existing concrete pavements shall be paid as a separate bid
item.
I` is the intent of the specification to provide for the removal and
disposition of all obstructions and objectional materials not
specifically provided for as a separate bid item and provide labor
and equipment necessary to excavate materials to the grade indicated
on the plans. Existing asphalt surface pavement shall be included
along with other exc-vated materials as a part of this bid item.
The Contractor shall stockpile sufficient suitable material to
backfill and level areas outside the actual limits of the pavement.
Topsoil from the shoulders and areas adjacent to the existing
pavement shall be stockpiled in order to fill behind curb in areas
which abut sodded lawns. Backfill material shall be of the black
loam type with suitable properties for excellent growth of grass or
shrubs. Adjacent property owners shall be entitled to surplus
excavated material if they request fill on their property. Any
other excavated material which is not needed for filling or leveling
on the actual construction project shall become the property of the
Contractor for disposal as he sees fit. All excavated areas whether
street excavation, storm sewer excavation, or utility excavation
shall be watered down at the direction of the engineer and a minimum
of three time3 a day when dusty conditions prevail. Payment for
this item shall be lump sum and shall Include approximately 200 C.Y.
of unclassified excavation on the area from the existing section of
Duncan Drive to its proposed intersection with Willow Springs Drive,
and all other excavation which is shown on the plans or needed for
construction.
item 104 Removing Curb and Gutter Pavement
Removing curb and gutter pavement shall include the removal and
disposal of existing sections of concrete curb and gutter. Payment
shall be on a lineal foot basis,
Item 260 Lime Treatment for Materials in Place
This item shall consist of treating the existing subgrade by the
pulverizing, addition of lime, mixing and compacting the mixed
material to a 959 compaction as determined by test method
TEX-114-E. Payment shall be based on a square yard-measurement fc~r
a section of 6" thic%ncss. A minimum of 18 pounds of time shall be
placed per square yard utilizing the slurry method. Density control
will be utilized from the Highway specifications. All subgrade
including the treated layer and underlying layers shall be sound and
stable before paving operations will, be allowed to begin. Payment
for the hydrated lime will be completed by item 264.
Item 264 Hydrated Lime
Type At hydrated lime will be measured by the ton of 2,000 pounds,
dry weight. Placement and mixing of the lime slurry will be paid as
a part of Item 260, Lime Treated for Materials in Place.
Item 340-A 5" Asphalt Pavement
This item shall consist of a 5" total depth asphalt pavement
section. Payment shall be made on a square yard basis, in place.
The Section shall consist of 1 1/2" of type "D" asphalt pavement
wearing course placed on a 3 1/2" of type "G" asphalt base.
Course aggregate used under this item, for 5/8" size and larger,
shall be crushed mineral aggregate. AC 20 grade asphalt complying
with THD Item 300 shall be used. In place density shall be provided
utilizing THD Bulletin C-14 specifications and methods. Asphalt
material shall not be heated to a temperature of more than
350 F at the plant and shall be placed at a minimum temperature
of at least 250 F. No material shall be placed when general
we$ther conditions indicate an air temperature of less than
50 F. Tack coat shall be RC-2 cutback asphalt and shall be
applied at a rate of 0.05 gallon per square yard.
Type "G" paving mixture shall have the following gradation:
Coarse Graded Base Course Percent by Weight
Passing 2" sieve 100
Passing 1 3/4" sieve 95-100
Passing 1 3/4" sieve, retained on 7/8" sieve 15-40
Passing 7/8" sieve, retained on 3/8" sieve 10-40
Passing 3/8" sieve, retained on No. 4 sieve 10-25
Passing No. 4 sieve, retained on No. 10 sieve 5-20
Total retained on No. 10 sieve 65-80
Passing No. 10 sieve, retained on No. 40 sieve 0-20
Passing No. 40 sieve, retained on No. 80 sieve 3-15
Passing No, 80 sieve, retained on No. 200 sieve 2-15
Passing No. 200 sieve 0-8
Type D paving mixture shall be crushed mineral aggregate. Gravel scree
shall not be used in any of the paving mixtures.
1
Item 341_C Asphalt Pavement Patch Material (Tyne D)
Material specifications for this item shall conform to type D Texas
Highway Department paving mixture. This item will be paid by the
ton, in place, for various patches where the project abuts other
streets. Patches will be approximately 2" in thickness and will
sometimes be irregular. Material for this item to be placed at
locations as directed by the Engineer.
Item 421 Texas Highway Department Standard 24" Headwalls Type B
Provide 2 Texas Highway Department Standard 24" Headwalls Type B,
complete in place, shall be paid for at the contract Lump Sum
price. Price to include all materials, labor and equipment to fully
construct the structures.
Item 465-A Reinforced Concrete Sewer Pipe
Provide and install 24" reinforced concrete sewer pipe (Class III)
as noted on the plans. Bid price per lineal foot to include tench
excavation, bedding preparation, installation of pipe and
backfilling of the ditch. Jetted sand backfill to be utilized in
all ditches. All concrete pipe joints shall be constructed with
either G.S. 702-Talco joints, Ram-Nek joint material, or an
equivalent product
Item 522 Concrete Curb and Gutter
V-
Conbtruct concrete curb and gutter as per detailed on plan sheet t2.
Reinforced steel is not required when the entire section is placed
as one monolithic pour. All concrete shall be a minimum strength of
3,000 P.S.I. at 28 days. The curb and gutter section shall receive
an approved curing compound soon after the work has been completed.
The contractor may use an approved curb and gutter extrusion
machine, with or without forms. This bid item shall includr all
materials, labor and equipment necessary to place the curb and
gutter as noted on the plans.
Item 524 8 G" Concrete Pavement
Construct 6" thick sections of concrete pavement at the intersection
radii as shown on the plans. All concrete shall be a minimum
strength of 3,000 P.S.I. at 28 days. Reinforcing steel shall
consist of 3/8" bars on 15" centers both ways or 6" x 6" - i6 wire
mesh.
All concrete slabs shall receive an approved curing compound after
the slab has been placed. This bid item bNA,ll include all
materials, labor and equipment necessary to place the intersection
radii Asa noted on the plans.
Q•-Z Saw Cut
This, item shall provide for sawing existing concrete pavement
driveways and sidewalks where noted on, the plane. The saw cut shall
be deep enough tv provide a smooth edge when a portion of the
concrete slab is remove:]. Any damage to concrete slabs which are
marked to be saved will be the direct responsibility of the
Contractor. This bid item includes only that sawing required to
remove portions of existing slabs. The saw joints for new concrete
pavements will be considered as incidental to the paving bid price.
All sawing of existing asphalt pavements shall be considered as
incidental to the removal items.
SEABOARD FURETY COMPANY '
HOME OFFICE; NEW YORK, N. Y.
PERFORMANCE AND PAYMENT BOND
1witu .Att Ant 41tJ 00 eoe Prel nda;
That, we JAGOE-PUBLIC COMPANY
of Denton, Texas , as Principal,
and SEABOARD SURETY COMPANY, a New York corporation, having its principal office and
place of business in the City of New York, New York, as Surety, are held and firmly bound unto
CITY OF DENTON , as Obligee,
in the sum of THIRTY FOUR THOUSAND, NINE HUNDRED SIXTY SEVEN AND 95/100--- Dollars
34,967.95 for the payment whereof Principal and Surety End themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
Signed, Sealed and Dated this 25th day of August , 1980 .
WHEREAS, the Principal has entered into a certain written contract dated the 25th
day of August , 19 89 with dhe Obligee for
Duncan Street Realignment
NOW0 THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall faithfully perform said contract according to its terms, covenants and conditions
and shall promptly pay all persons supplying labor or material to the Principal for use in the
prosecution of the work under said contract, then this obligation shall be void; otherwise it shalt
remain in full force and effect.
Subject to the named Obligee's priority, all persons who have supplied labor or material
directly to the Principal for use in the prosecution of the work under said contract shall have a
direct right of action under this bond.
The Surety's aggregate liability herl'llndl'r shall in no event exceed the amount Net forth above.
No claim, suit or action shall be brought hoi(urnder after the expiration of one (1) year fol-
lowing the date on which Principal ceased work on said contract. If this limitation is made void
by any taw controlling the construction hereof, sueh limitation shall be deemed to be amended to
equal the minimum period of limitation permitted by such law.
Witness; JAGOE-PUBLIC COMPANY
/ ( 7,~H CJ~'-(Principal)
SEABOARD SURETY CO ANY
B
J es N. Powers, Attorney-in-fact
P. oil N
Certi° d copy Sp-momma.) $UR1:Tl' (;U~11'a1NY
1100 Clivas1CE
No. SQ38 `NXWZuttxtWFWy0RX
. POWER OF ATTORNEY .
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a cor-
poration of the State of New York, has made, constituted and appointed and by these presents does make,
constitute and appoint Porter Ellis or G. E. Easley or Tom P. Ellis,IIi or William G.
Klingman or Willard Crotty or James N. Powers or Peter A. Rush or William D. Birdsong
or John E. Ratliff
of Dallas, Texas
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf Insurance policies, surety
bonds; undertakings tend other Instruments of similar nature as follows: Without Limitations.
I
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly
executed by the aforesaid Attorney-in•Fact, shall be binding upon the said Company as fully and to the
same extent as if signed by the dui-v authorized officers of the Company and sealed with its corporate
seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified
and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of
Directors of the said Company on December 8th, 1927, and are still in full force and effect:
ARTICLE Vlll, SECTION 1:
`Policies, bonds, recognlrances, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto.
Insurance policies, bonds, recognirances, stipulations, consents of surety and underwriting undertakings of the Company, and
releases, agreements and other eritings relating in any way thereto or to any claim or loss thereunder, shall be signed in
the name and on behalf of the Company
(a) by the Chairman of the Board the President, it Vice President or a Resident Vice 'resident and by the Secretary,
an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary! or
lb) by ■n Attorney-in-Fact for the Company appointed and authorized ty the Chairman of the Board, the President
or a Tice President to make such signature; or
(e) by such other officers or representatives as the Board may from time to time determine.
The seal of the Corri shall if appropriate be affixed thereto by any such officer, Attorney. in•Fact or representative."
IN WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed
by one of its Vice-Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its
Assistant Secretaries, this....... bt`.•.......... day of A!l =Y.-............-.............., 191Z....
Attest: SEABOARD SURETY COMPANY,
(Seal) ..,.........Karen Napes By ...John ,C.,Whiteside..........................................................
Assistant Secretary Vice-President
STATE OF NEW YORK
COUNTY OF NEW Y,,O{ RK sa.: 6th On this i►" yY7Fl'iV6'1'de-",,,January 19..1...., before me personally appeared
.t.,. a Vice-President of SEABOARD SURETY
COMPANY, with who I am personally acRuainted, who, being by me duly sworn, said that he resides
in the State of......!Nl! ..ea;se.Y......... that he is a Vice-Pros?dent of SEABOARD SURETY COMPANY,
the corporation des-ribed in and which executed t!,e foregoing instrument; that he knows the corporate
seal of the said Corpany; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said Company; and that he signed his name thereto as
Vice-President of said Company by like authority.
State of New York r
No. 43-8468870 Qualified in Richnond County
Cert. filed in New York County
(Seal) Commission Ex?ices March 30, 1978 Margaret M. Quinlan
Notary Public
CERTIFICATE
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the dale of this
Certificate and I do further certify that the Vice President who executed the said Power of Attorney was one of the
Officers authoriz:d by the Board of Directors to appoint an attorney-in-fact art provided in Article Vill, Section 1, of
the By-Laws of SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the folfowi•e resolution of the
Board of Directors of SEABOARD SURETY COMPANY at a meeting duty called and held on the 25th day of
Lurch 1970.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an
Asststant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a
Vice-President pursuant to Article Vill, Section 1, of the By-Laws appointing and authorizing an attorneydn-fact to
sign In the name and on behalf of the company sureiytonds, underwriting undtrkiii or other Instruments described
In add Article VIII, Sectlon 1, with like effect ■s If such seal and such signature had been manually affixed and made,
hereby Is authorized and approved."
IN WITNESS WHEREOF, I'~hhis a hereunto set my ban and afflixled. the corporate seal I the Company to
these presents this .......0140.,,'.,;., day of t:. .l1....,,,.,.,..,... 19
CA %UitErP~ 40
a.
W - Asalmunt Secretary
1 44
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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, Cornelia
C. Harris, agree that a consideration of $3,809.00 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 0.381 of an acre of land, more or less, situated in the B.B.B.
$ C. Railroad Company Survey, Abstract No. 141, out of a 163.8 acre
tract of land conveyed from J. Ben Fritz and wife, Linda Fritz, to
Richard A. Harris by deed dated May 17, 1952 recorded in Volume 380,
P<ge 271, Deed Records of Denton County, Texas; said 0.381 of an
acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a point of intersection of the existing west right of
way line of IH3S and the north boundary line of said 163.8 acre
tract of land, said point also being south 880 52' 52" west a
distance of 3736.31 feet from the A.T. f S.F. Railroad right of way;
THENCE south 020 46' SS" east along the said existing right of way
for a distance of 375.03 feet to a point;
° THENCE south 010 39' 09" west along the said existing right of way
line for a distance of 245.74 feet to a point;
THENCE north 040 53' 28" west along the proposed southerly right
of way line of proposed Loop 288 for a distance of 623.30 feet to a
point in the north boundary line of said 163.8 acre tract;
THENCE south 880 53' 44" east for a distance of 42.04 feet to the
place of beginning
2. The City of Denton is hereby further authorized to pay
Cornelia C. Harris as owner of said described property,
consideration in the amount of $3,809.00 purchase price, plus
recording fees.
3. This Resolution shall take effect immediately from and after
its passage and approval in accordance with the provisions of the
Denton City Charter.
PASSED AND APPROVED this the day of , 1980.
i
CI Y OF DENTON, TEXAS
ATTEST:i7
KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO 'LEGAL FORM:
C. J. TAYLOR, J,. CITY ATTORNEY
CITY OF DENTON, TEXAS
BY., 1P 'P 7
f Qe
CITY OF DENTON, TEXAS
MAYOR AND COUNCIL COMMUNICATION
DATE SUBJECT
August 26, 1980 Real Property Acquisition
It is recommended that the City Council authorize the purchase
of real property (as described below) for the purpose of
constructing essential public improvements.
NAME OF PROJECT: Loop 288
TYPE OF
ACQUISITION: General Warranty Deed
DESCRIPTION OF
LAND/LOCATION: Southwest corner of IH35 and Loop 288
f
4 SQUARE FEET: 0.381 of an acre
OWNER(S): Cornelia C. Harris
Negotiations have taken place with the owner and owner has
accepted the appraisal of the fair market value, as provided
by the State Department of Highway and Public Transporation,
for an amount of $3,809.00. •
The City of Denton is required to pay recording fees and the
State of Texas will pay the remainder of the closing costs.
ACTION NEEDED Approve Resolution purchasing the above
described property after reconvening into
open session,
4ROGN. WILKINSON
RIGHT OF WAY NEGOTIATOR
1
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ORDINANCE NO. 0-
AN b
ORDINANCE CREATING AND ESTABLISHING POSITIONS IN THE POLICE
DEPARTMENT IN THE CITY OF DENTON; PROVIDING FOR CLASSIFICATION
OF POSITIONS FOR THE POLICE DEPARTMENT OF THE CITY OF DENTON;
ABOLISHING THE POSITION OF ASSISTANT CHIEF OF POLICE; AND
REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH.
WHEREAS, the Civil Service Commission has recommended the
creation of certain classified positions for the Denton Police
Department; and
WHEREAS, it is necessary, pursuant to the Texas Civil
Service Act, Article 1269m, that the Council create classified
positions for the Denton Police Department;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY
ORDAINS:
SECTION I.
The following positions in the Police Department of the
City of Denton are hereby created and established:
CHIEF OF POLICE
CAPTAIN
LIEUTENANT
SERGEANT
POLICE OFFICER
and all positions shall be classified positions, except the
Chief of Police.
SECTION II.
The City Council of the City of Denton shall each year in
the ordinance adopting the Budget for the City of Denton
provide for the number of persons to be employed in each
position. Until otherwise determined by the City Council there
shall be the following number employed in each position:
1 CHIEF OF POLICE.
3 CAPTAINS
6 LIEUTENANTS
6 SERGEANTS
46 POLICE OFFICERS
SECTION III.
The position of Assistant Chief of Police is hereby
abolished, and all ordinances and resolutions in conflict
herewith are hereby repealed.
PASSED AND APPROVED this the day of 44AC4~0 1980,
Cl Y 0 DEN TON, TE~(AS
ATTES
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: A(L
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THE STATE OF TEXAS S
KFOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
Thin agreement entered into this the Z 7 day
of Lo , 1980, by and between the City of Denton,
Texas, a Home Rule Municipal Corporation, hereafter called
"CITY" and David Mulkey, hereafter called "OWNER".
This agreement is to delineate the rights of the CITY in
the real properties shown as Tracts 2 and 3 on Exhibit A
attached hereto and made a part hereof:
(1) To facilitate the immediate commencement and subsequent
completion of construction of a CITY PROJECT known as Paisley
Paving and Drainage Improvements, OWNER shall:
a. Allow a contractor(s) selected by the CITY
immediate and continued access to Tract 1,
during construction, and to Tracts 2 and 3.
b. Allow actual construction of the aforementioned
CITY PROJECT to immediately commence and
continue until completed on Tracts 2 and 3.
c. Agree that the CITY has the legal right to
acquire Tracts 2 and 3 at an agreed upon price
between CITY and OWNER, for the purpose of
constructing the CITY PROJECT.
(2) Because of the potential damages to the future
development of Tract 1, and because of temporary CITY access
u racts 2 and 3 through Tract 1, the CITY shall:
a. y a lump sum of $2,000 to the OWNER prior to
the initiation of construction, and the cost of
any and all tap fees required to be paid by
OWNER for tapping said water line.
b. Install a six (6") inch water line and
connection at the southeast corner,
approximately 430 feet to a point 120 feet east
of the southwest corner of owners property.
1. Said property is to be used for
residential development only.
2. The six (6") inch water line and
connection is to be paid for out of
Community Development Block Grant
Funds. It is specifically agreed that
owner; his heirs and assigns, will not
be charged or assessed any amount by
CITY when OWNER or his heirs or
assigns tie on to the said lie.
c. Restore Tract 1 to its state of condition prior
to construction.
AGREEMENT-DAVID MULKEY-PAGE 1
d. Proceed to acquire ownership of Tracts 2 and 3
in a timely manner in accordance with the
agreement of the parties, and
e. Notify QWNER of the completion of CITY PROJECT.
IN WITNESS WHEREOF, the CITY and OWNER have executed this
agreement as of the date first above written.
CITY OF DENTON, TEXAS
B'i :
CHRIS HARTUNG
CITY MANAGER
ATTESTS,
BROOKS HOL , CITY SECRETARY
CITY OF DENTON, TEXAS
DAVID MULKEY* OWNER
F
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AGREEMENT-DAVID MULKEY-PAGE 2
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VALUATIM ROLL OF REAL ESTATE AND PERSONAL PROPERTY IN T~
RENDERED FOR TPXATION F
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ACCOUNTS VALU
2,015 S 65,63
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12,893 26,10
159303 246920
30,211 S 337,94
WE,
MErBERS OF THE BOARD OF EQUALIZATION FOR THE Y
1980, HAVING EXAMINED THE WITHIN TAX POLL, FIN
IN TESTIMONY HEREOF, WITNESS OUR HANDS THIS TH
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August
, 1980.
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CORPORATE LIMITS OF THE CITY OF UENTON, TE0AS ,
OR THE YEAR 1980 '
TION
,391 BUSINESS PERSONAL PROPERLY AFTER PCrE51EAC A&+L
VETERAN EXEMPTIONS OF s 1,^OC . IASSCSSE() VALUEI
,302 PERSONAL PROPERTY AFTER HOMESTEAC AND VETERAN
EXEMPTIONS OF S eS,44kO , iASSESSIO VALUEI
,248 PEAL ESTATE PROPERTY AFTEv 140"1SIIAU Ar0 vfT(QAN
EXEMPTIONS OF { I I a ICa760 . IASSESSEO VALUCI
,941 *VALUE LOSS DUE TO AG. VALUE = 11, 146,VS3
AR -
THE SAME CORRECT.
DAY OF
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SALES CONTRACT
THE STATE OF TEXAS X
BY THIS AGREEMENT AND C0141-PACT:
COUNTY OF DENTON X
David Mulkey
hereinafter called Seller, acting through the undersigned and duly
authorized Agent, hereby sells and agrees to convey unto the City
of Denton, Texas, a Municipal Corporation, hereinafter called Pur-
chaser, the described property lying and being situated in the City
and County of Denton, State of Texas, and more particularly described
by metes and bounds in Exhibit "A" attached hereto and made a part
hereof.
The purchase price is $_L.435.00 ~ , payable at closing.
Purchaser agrees to furnish a Title Insurance Policy to said
,property, which shall be conveyed free and clear of any and all en-
cumbrances.
Ie any title objections are made, then the Seller or his Agent
shall have a reasonable time to cure said objections and show good
and marketable title.
Seller agrees when the title objections have been cured, to
deliver a goad and sufficient General Warranty Deed properly con-
veying said property to said 2urchaser.
Taxes for the current year are to be prorated to the date of
closing.
The purchase of said property is subject to the approval of
the City Council of the City of Denton, Texas.
Executed in triplicate this the :21 day of _!a-ttggs~ , .
A'. D. 19W.
CITY OF DENTON, TEXAS, SELLER
PURCHASER
~
By:
DAVLD M LKES
•
.
' •EXHISIT "A"
' TRACT I. All that certain O.S61 acre tract or parcel of land
situated in the J. Brock Survey, Abstract No. 15, Denton
County, Texas; said tract being tract occupied on the ground as
staked by the City of Denton, Texas; and being more
particularly described as follows:
BEGINNING for the northeast corner of the tract being described
herein at a point south 890 491 40" west 54.7 feet and south
200 55' 20" west 302.1 feet from the northeast corner of an
18.02 acre tract deeded to David Mulkey on November 11, 1952;
THENCE south 200 55' 20" west 53.5 feet to a point for a
corner;
THENCE north 890 52' 50" west 29.3 feet to the beginning of a
curve to the left whose radius is 450.0 feet;
THENCE with said curve whose central angle is 310 06' 50" a
length of 244.36 feet to the end of said curve;
THENCE south S90 00' 20" west 47.9 feet to the beginning of a
curve to the right whose radius is 625.0 feet;
THENCE with said curve whose central angle is 60 33' 30" a
length of 71,53 feet to a point on the north right of way of
Paisley Street;
THENCE south 880 51' 30" west with the north right of way of
said street 214.2 feet to a point for a corner;
THENCE in a northeasterly direction with a curve, to the left,
whose radius is 575.0 feet and a central angle is 260 34' a
distance of 266.6 feet to the end of said curve;
THENCE north 590 00' 20" east 47.9 feet to the beginning of a
curve to the right whose radius is 500.0 feet and central angle
is 310 06' 50" a length of 271.52 feet to the end of said
curve;
Y
THENCE south 890 52' 50" east 48.3 feet to the point of
beginning.
TRACT II. All that certain 0.601 acre tract or parcel of land
`situate in the J. Brock Survey, Abstract No. 15, Denton
County Texas; said tract being part of an 18.02 acre tract
shown by deed to David Mulkey dated November 11, 1952 and being
more particularly described as follows:
BEGINNING for the northeast corner of the tract being described
herein .outh 890 49' 40" west 54.7 feet and south 200 SS'
20" hest 355.6 feet from the northeast corner of an 18.02 acre;
THENCE south 200 SS' 20" west 123.9 feet to a point for P.
corner;
THENCE south 880 51' 30" west 322.2 feet to a point for a
corner;
THENCE in a northeasterly direction with a curve to the left
whose radius is 625.0 feet and central angle is 60 33' 30" a
distance of 71.53 feet to the end of said curve;
THENCE north S90 00' 20" east 47.9 feet to the beginning of a
curve to the right;
THENCE with said curve whose radius is 450.0 feet and central
angle is 310 06' 50" a distance of 244.36 feet to the end of
said curve;
THENCE south 890 52' SO" east 29.3 feet to the point of
beginning;
f r NosHaai 3o as~a oz ` 1 ' a~ V Y A " avs 'IVNIDIJO ;
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23 4H 2 53
NO. 9957 .
CITY OF DENTON, TEXAS 5 COUNTY COU~LAW
VS. 5 DENTON COUNTY, TEXAS
MRS. ARDATH STEDMAN 5 (PROCEEDINGS IN EMINENT DOMAIN)
JUDGMENT 24451
LIEET) RECOFM
BE IT REMEMBERED, that on the 18th day of August, 1980, came
to be heard the above-entitled and numbered cause and came the
Plaintiff, City of Denton, Texas, and announced ready for trial
and came the Defendant, Mrs. Ardath Stedman, and announced ready
for trial.
I.
Prior to the commencement of the trial of this cause said
Defendant admitted and stipulated in open Court that the
Plaintiff, City of Denton, Texas, has the right to recover and
condemn the property described herein; that all prior steps and
due processes of law were duly, legally, and timely performed;
that all legal prerequisites for the trial of this cause by this
Court had been duly complied with; that the only issue remaining
in this cause to be tried by this Court is the amount of
compensation due the Defendant as a result of the condemnation of
the herein-described property; and that this Court has
jurisdiction of such issue and this cause of action.
11.
From the papers heretofore filed In this cause, the evidence
introduced upon the trial of this cause, and the agreem4At's and
stipulations made by the parties upon the trial of this cause,
the Court finds:
1. That under and by its Statement for Condemnation filed
with the Judge cf this Court on the 23rd day of February, 1979,
Plaintiff sought and prayed for the acquisition of lard for
street purposes, from the Defendant, through condemnation of the
following described tract of land located in Denton County,
Texas, to-wit: vA033 w 85
ACi1033 PAGE 86
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 E. Puchalski Survey, Abstract No. 996, and
being part of a tract of land as conveyed from S. N. GranstafE,
et ux to Ardath Stedman by deed dated March 20, 1950 and recorded
in Volume 360, Page 63 of the Deed Records of Denton County,
Texas and more particularly described ar follows: ,
BEGINNING at the northeast corner of said trac+., said point of
beginning lying in the south right of way line of Eagle Drive and
being 150.0 feet west of the intersection of the south right of
way line of Eagle Drive and the west right of way line of Avenue
D;
THENCE south along the east boundary line of said tract a
distance of 3.0 feet to a point for a corner;
THENCE north 88016154" west a distance of 98.9 feet to a point
for a corner, same being the northwest corner of said tract;
THENCE east along the north boundary line of said tract, same
being the south right of way line of Eagle Drive a distance of
98.9 feet to the place of beginning and containing 145.35 square
feet of land, more or less.
2. That pursuant to said Statement for Condemnation, said
Judge appointed three disinterested freeholders of Denton County,
Texas, as Special Commissioners, who subsequently met, took their
oath of office, set a date of hearing befor^ such Commissioners,
and caused notice thereof to be duly served as prescribed by law,
and that said Special Commissioners duly held said hearing.
3. That upon said hearing all parties appeared, either in
person or by their attorneys, and that after such hearing, said
Special Commissioners made and rendered their decision and Award
in writing, and tiled said Award with the Judge of this Court.
4. That by said written Award, said Special Comm±.nsioners
awarded to said Defendant, Mrs. Ardath Stedman, the sum of Seven
Hundred Ninety and No/100 Dollars (;790.00); said amount having
been deposited with the Registry of the Court.
5. That said Defenant, Mrs. Ardath Stedman, by and through
her attorney, duly and timely filed an objection to the Award of
said Commissioners and caused Plaintiff, City of Denton, Texas,
to be cited accordingly.
III.
Thereupon, came a jury composed of six (6) good and lawful
men and wrmen, who, being duly tested, qualified, empaneled and
sworn, heard the pleadings, the evidence and argument of counsel.
ti
After hearing the pleadings, the evidence and argument of
counsel, and after due deliberations, said jury reached a verdict
in answer to the special issues submitted to them by the Court.
Said verdict was received and filed in the papers of the
case and such finding was duly received by the Court and was
filed and entered of record on the minutes of said Court, and the
Court is of the opinion that judgment should be rendered thereon.
IV.
It appearing to the Court and the Court finds from the
record, the evidence and the findings of the jury:
1. That all proceedings necessary to vest this Court with
jurisdiction of the subject matter and the parties of this cause
have been instituted, maintained and complied with as required by
law, and that, therefore, this Court has jurisdiction of the
parties hereto and of the subject matter set forth in this case;
2. That the Condemnor, City of Denton, Texas, did deposit
into the Registry of this Court the sum of Seven Hundred Ninety
and No/100 Dollars ($790.00) for the use and benefit of Mrs.
Ardath Stedman which amount is stilt on deposit t~ith the Registry
of this Court; and that from the verdict and judgment the
Condemnee, Mrs. Ardath Stedman should have and recover from the
City of Denton, Texas, condemnor, the total sum and amount of One
Thousand Six Hundred and Fifty and No/100 Dollars ($1,650.00);
and that Mrs. Ardath Stedman, after deducting said $790.00 from
the amount awarded by the verdict and judgment of $1,650.00,
should recover the inpaid balan:e of Eight Hundred Sixty and
No/100 Dollars ($861,.00) due and payable by the Condemnor, City
of Denton, Texas.
V.
It is, therefore, ORDERED, ADJUDGED, and DECREED that the
City of Denton, Texa7 do have and recover of and from tte
Defendant, Mrs. Ardath Stedman, fee simple title in and to t'ne
heretofore described property, situated in the County of Denton,
Texas, and that Defendant has and is entitled to a judgment from
the Plaintiff, City of Denton, Texas, In the sum of One Thousand
voi1033 ew 87
ri' ,
VOL1033 ew 88
Six Hundrod and Fifty and No/100 Dollars ($1,650.00) for the
interest !n said property herein condemned and for damages to
Defendant's remaining land.
VI.
It is further ORDERED, ADJUDGED, and DECREED that same
amount may be by the Plaintiff, deposited in the Registry of the
Court subject to the order of the Defendant, in full satisfaction
of this judgment; upon the Plaintiff so depositing said sum, the
County Clerk of Denton County, Texas, is authorized and directed
to del ver and pay to said Defendant the said amount specified in
this judgment.
VII.
It is further ORDERED, ADJUDGED, and DECREED that all costs
of this Court be, and the same are hereby adjudged against the
Plaintiff, which costs shall be paid only to the County Clerk of
Denton County, Texas.
RENDERED, DATED and SIGNED this4E'day of
1980. ' 1, RAY MARL IK )Wto r
Of TM County Court At En*
of Denton Camty, Troy.
PRESIDING
J. RAY MARTIN, JUDGE PRESIDING
COUNTY COURT AT LAW
DENTON COUNTY, TEXAS
APPROVED AS TO SUBSTANCE AND FORM:
TTORN Y FOR PLAINTIFF,
ITY OF GENT TEXAS
i
NEY F D NDV11',
MRS. ARDATH STEDW
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WSRECr WYYr Y HEREBY CERTIFY th
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9%D 'dTON COUNTi.~ • j
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AIRPORT AGREEMENT
THE STATE OF TEXAS )
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
)
WHEREAS, the City of Denton, Texas, as Lessor and Fox-S1
Limited, as Lessee, entered into an Airport 'ease Agreement
dated May 6, 1980; and
WHEREAS, such Airport Lease Agreement was amended by an
Pgreement in writing dated June 16, 1980; and
WHEREAS, it is the mutual desire of each of the parties to
further amend such agreements and place in one instrument all
of the provisions of the agreements between the parties hereto;
now, therefore,
The City of Denton, Texas, Lessor and Fox-51 Limited,
Lessee hereby mutually agree that the agreement dated May 6,
19RO, as amended on June 16, 1980, shall hereafter read as
follows:
This lease and agreement, made and entered into by and
between the City of Denton, a Municipal Corporation, situated
in Denton County, Texas, hereinafter called "Lessor", and
Fox-51 Limited, a corporation of the State of Texas, located at
Route 1, Box 47B, Argyle, Texas 76226, and whose registered'
agent is F. D. Strickler, located at Route 1, Box 478, Argyle,
Texas 76226, hereinafter referred to as "Lessee", WITNESSETH:
WHEREAS, Lessor owns an airport known as the Denton
Municipal Airport, located in the County of Denton, State of
Texas, hereinafter called the "Airport"; and,
WHEREAS, Lessee desires to lease certain premises an(:
facilities of said airport, and Lessor is willing to l~iase
certain premises to Lesser, upon the terms and conditions
hereinafter stated:
I.
PREMISES
Lessor, for and in consideration of the covenants and
agreements hereinafter set forth, to be kept and performed by
Lessee, has demised and leased unto Lessee, and Lessee does
hereby hire and take from Lessor, the following described land
kh.-
i
situated in Denton County, Texas, described as follows:
A. LAND.
A 100 X 200 foot tract of land, being approximately
20,000 square feet, described as follows:
CONUENCING at the northwest corner of a tract of ]and as
conveyed to P. F. Breen by deed recorded in Volume 127, Page
183 of the Deed Records of Denton County, Texas, said point
lying in the south right of way line of FM Road 1515 and also
being the most easterly northeast corner of a tract of land
leased by the City of Denton to Aerosmith Denton Corporation;
THENCE west along the south right of way line of FM Road 1515
same being the most easterly north boundary line of said
Aerosmith Lease a distance of 3S0 feet to a point for a corner;
THENCE north along the most northerly east boundary line of
said Aerosmith Lease, a distance of 1000 feet to a point for a
corner;
THENCE west along the most northerly north boundary line of
said Aerosmith Lease passing at 830 feet the northwest corner
of said Aerosmith Lease and continuing west a total distance of
870 feet, more rr less, to a point for a corner In the east
edge of pavement of the north taxiway;
THENCE northwesterly along the east edge of pavement of said
north taxiway a distance of 230 feet to a point for a corner;
THENCE northeasterly perpendicular to said cast edge of
pavement a distance of 180 feet to the point of beginning;
THENCE northwesterly 180 feet cast of and parallel to said east
edge of pavement a distance of 200 feet to a point for a corner;
THENCE northeasterly perpendicular to said cast edge of
pavement a distance of 100 feet to a point for a corner;
THENCE southeasterly 280 feet east of and parallel to said east
edge of pavement a distance of 200 feet to a point for a corner;
THENCE southwesterly perpendicular to said east edge of
pavement a distance of 100 feet tj the place of beginning and
containing 20,000 square feet of land, more or less.
Together with the right of ingress and egress to said property;
and the right, in common with others so authorized, of passage
upon the airport property generally, subject to reasonable
regulations by the City of Denton; and such right shall extend
to Lessee's employees, passengers, patrons and invitees.
B. IMPROVEMENTS:
None, as there are no improvements upon the property.
II.
TERM OF LEASE
The term of this lease shall be for a term of thirty (30)
years, beginning on the lst day of July, 1080, and ending on
the 30th day of June, 2010, unless sooner terminated as
AIRPORT AGREEMENT - PAGE 2
hereinafter set forth. Lessee shell have an option to renew
this lease at the termination of this lease at the end of
thirty (30) }ears at a renegotiated rental and terms mutually
agreed upon by the Lessor and Lessee without regard for or
considering the then cost of living index. Lessee's election
to renegotiate this lease shall be in writing addressed to the
City Manager of tho City of Denton, and shall be filed with
Lessor's City Manager at least 120,days before the expiration
of the primary term of thirty (30) years.
III.
RENTALS AND FEES
Lessee covenanLs and agrees to pay to Lessor, as
consideration for this lease, ground rent, rentals and fees as
follows:
A. Land Rental: $700.00 per year, payable in monthly
installments as follows: The first monthly payment due on the
1st day of July, 1980 in the sum of $58.37 and eleven (11)
monthly installments in the sum of $S8.33 each for each year,
and it is expressly understood and agreed that the yearly
rental for the land herein leased shall he readjusted at the
end of each five (5) year period during the term of this lease,
up or down, on the basis of the proportion that the then
current United States Cost of Living Index for the Dallas/Fort
Worth, Texas Standard Metropolitan Statistical Area, as
compiled by the U. S. Department of Labor, Bureau of Labor
Statistics bears to the June, 1980 index which was 256.4
(1967.100). The land rental amount is now based upon .035
cents per square foot per year for the land herein leased; and
it is expressly understood and agreed that the rental increase
or decrease, if any, for each five (5) year rental adjustment
under this lease shall not exceed fifty (S01) percent of the
beginning yearly rental of Seven Hundred Dollars (5700.00).
B. Improvement Rental:
None, as there are no improvements on the property
herein leased.
AIRPORT AGREEMI?N.' - PAGE 3
C, Hangar and Tie-Down Rental Fees:
Ten (10i) percent of all hangar and tie-down rental
fees collected by Lessee from customers of Lessee each month
during the term of this lease.
0. Aviation Fuel Fees:
Three (3¢) cents per gallon on all aircraft fuel sold
or pumped through the facilities of Lessee or ten (10%) percent
of Lessee's Gross Profit on the sale of aircraft fuel,
whichever amount is greater, but excluding aircraft fuel used
by Lessee. Gross Profit is the difference between the s(Iling
price and the cost of fuel. (Gross Profit does not ins-Iude
taxes paid on aircraft fuel.)
All rentals and fees shall be paid monthly to Lessor on the
15th day of each month during the term of this lease at the
office of the Airport Manager.
IV,
ASSIGNMENT OF LEASE
Lessee expressly covenants that it will not assign this
lease, nor sublet the whole or any part of the said premises
for any purpose, except for rental of hangar space or tie-down
space, without the written consent of Lessor; except that any
person, corporation or institution that lends money to Lesseo
for the contruction of any hangar, structure, building or
improvement upon the leased premises and retal.ns a security
interest in said hangar, structure, building or Improvement
shall, upon default of Lessee's obligation to „;aid mortgagee,
have the right to enter upon said leased premisos and operate
or manage said hangar, structure, building or Improvement
according to the terms of this agreement, for a period not to
exceed the term of the mortgage with Lessee, or until the loan
is paid in full, but in no event longer than the term of this
lease. Lessoj agrees that it will not unreasonably withhold
its approval of the sale or sublease of the facilities for
airport related purposes.
AIRPORT AGREEMENT - PAGE 4
L11~~ :1
V.
CONSTRUCTION OF BUILDINGS
Lessee is hereby authorized to cons'.ruct upon the land
herein leased, at its own cost and expense, bA ldings, hangars,
and structures, including fuel tutorage tanks or other
equipment, that Lessor and Lessee mutually agree are necessary
for use in connection with the operations authorized by this
lease; provided, however, before commeicing the construction of
any improvements upon the premises, Lessee shall submit:
1. all plans and specifications showing the location
upon the premises of the proposed construction;
2. the estimated cost of such construction.
No construction may commence until Lessor, acting by its City
Council, has approved the plans and specifications and the
locatic* u: the improvements, the estimated costs of such
construction, to the agreed estimated life of the building or
structure. Documentary evidence of the actual cost of
construction shall be delivered by Lessee to Lessor's City
Manager from time to time as such cost:; tare paid by Lessee, and
Lessur's City Manager is hereby authorized to endorse upon a
copy of this lease filed with the City Secretary of Lessor such
actual amounts as he shall have found to have been paid by
Lessee, and the findings of said City Manager when endorsed by
him upon said contract shall be conclusive upon all parties for
all purposes of this agreement.
VI.
USE OF LEASED PREMISE3
Lessor does hereby demise and let unto the Lessee, and
Lessee does hereby hire and take from the Lessor, the land and
facilities herein described, and the rights, licenses, and
privileges in connection with the use of such property and
improvements as follows:
A. The use, in common with others authorized so to do, of
said airport and all appurtenances, facilities, improvements,
equipment and services which have been or may hereafter be
provided thereat.
AIRPORT AGREEMENT - PAGE
MM
B, The operation of a transportation system by aircraft;,
the repairing, maintaining, conditioning, servicing, parking or
storage of aircraft or other equipment; the training of
personnel and,the testing of aircraft and other equipment; the
sale, disposal or exchange of aircraft, engines, accessories,
and related equipment; the servicing by Lessee of aircraft and
other airport related equipment, including the right to install
and maintain on said airport adequate storage facilities, and
appurtenances, including right of way necessary therefor; the
landing, taking off, parking, loading, and unloading of
:aircraft and other equipment; the right to load and unload
persons, property and mail at said airport, by such means as
Lessee may desire, with the right to designate the carriers who
shall transport Lessee's passengers and their baggage to and
from the airport, and, also, the further right to designate the
carriers who shall transport Lessee's ai borne freight, if any,
to and from the said airport; the right to install and operate
advertising signs, the general type and design of such signs to
be reasonable and appropriate, the right, but not the duty or
obligation, to install, maintain and operate radio, communi-
cations, meteorological and aerial navigations, and such other
similar equipment and facilities in, on or about the preen;ses
herein leased, as may be necessary or convenient for Lessee's
operations; the conduct of any other aviation related business
or operations reasonably necessary to the proper, necessary and
appropriate conduct and operation by Lessee of its business;
and without in any way limiting the foregoing, Lessee
specifically agrees that, if Lessee elects to engage in or
provide any of the abova services on the premi*es herein
leased, Lessee wills
(1) Provide service to the public on a non-discriminatory
basis;
(.t) Conduct and operate its business and management in a
courteous and efficient manner;
(3) If Lessee provides tie-down service, Lessee will
provide tie-down r;ervice to overnight or other transient
AIRPORT AsiPEEMENT - PAGE 6
r
r
aircraft or aircraft remaining at the airport for twenty-four
(24) hours or less;
(4) If Lessee provides aircraft fuel services, Lessee will
make available either by tank truck, stationary pump or other
suitable dispensing equipment approved by the Fire Marshal of
the City of Denton, the quality of gasoline and other petroleum
distillates normally found at similar airports; and all storage
tanks for gasoline and other aviation fuels shall he placed
underground in accordance with the provisions of the Fire Code
of the City of Denton for underground flammable liquid storage
tanks.
C. Lessee may not use any of the leased lard or premises
for the operation of a motel, hotel, restaurant, private club
or bar, apartment house, or for industrial, commercial or
retail purposes, exc-pt as authorized herein, without the
10
expressed written con:-,ent of Lessor.
V11.
OWNERSHIP OF IMPROVEMENTS
All buildings and improvements constructed upon the
premises by Lessee shall remain the property of Lessee unless
said property becomes the, property of Lessor under the
following conditions, terms and provisions:
A. No building or permanent fixture may be removed from
the premises without the written consent of Lessor.
B. All buildings and improvements of whatever nature
remaining upon the leased premises at the end of the primary
term of this lease shall automatically become the property of
Lessor absolutely in fee without any cost to Lessor.
C. It is agreed that the life of the building to be
constructed by Lessee on the property heroin leased is thirty
(30) years.
Should this lease be cancelled for any reason before the
end of t9e thirty (30) year term, it is especially understood
and agreed that Lessor resorves the right to purchase all
buildings, structures and improvements then existing upon tho
premises by tendering to Lessee one-thirtieth (1/30) of the
AIRPORT AGHEYENT - PAGE 7
undepreciated value of such building for each year remaining on
the agreed life of such building. The undepreciated value of
all improvements is to be determined by having such
improvements appraised by three appraisers, one appointed by
Lessor, one appointed by Lessee and one appointed by the two
appraisers; provided, however, the total value of such
improvements shall not exceed the original cost of such
building plus an increase in value not to exceed fifty percent
(501) of the original cost of such improvements for each five
(5) year rental adjustment period.
VIII.
SUBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to
Lessee for construction of any hangar, structure, building or
improvement and retains a security interest in said hangar,
structure, building or improvement shall, upon default of
Lessee's obligations to said mortgagee, have the right to enter
upon said leased premises and operate or mciage said hangar,
structure, building or improvement according, to the terms of
this Agreement, for a period not to exceed the term of the
mortgage with Lessee, or until the loan is paid in full; or
such mortgagee shall have the right to remove any buildings or
structures from the premises; however, if such mortgagee is
planning to remove any buildings, then they will notify Lessor
in writing of such intent to remove, and Lessor will have sixty
(60) days from receipt of such notice to axeicise an option to
purchase such buildings or structures under the provisions of
Paragraph VII hereof.
IX.
RIGHT OF EASEMENT
Lessor shall have the. right to establish easemonts, at no
cost to Lessor, upon the leased ground space for the purpose of
providing utility services to, from or across the airport
property. llowevee, any such easements shall not Interfere with
Lessee's use of the "leased ground space" and Lessor shall
restore the property to its oeiginal condition upon the
AIRPORT AGREEMENT - PAGE f
installation of any utility services on, in, over or under any
such easement.
X.
MAINTENANCE AND REPAIRS
Lcss,~e shad be Leaponsible for all cleaning, maintenance
and repair of all buildings, structures and improvements
hereafter constructed upon the land which is leased to Lessee:
under this lease, including the mowing and elimination of gras!;
and other vegetation on the premises,
XI.
UTILITIES
Lessee shall provide all utilities for the premises leased
to Lessee at its own cost and expense. Utilities shall also
include any security lighting required by Lessee for the
convenience of customers of Lessee. Les.;e= shall have the
right to connect to the airport water tine now existing and to
connect to any future utility lines at Lessee's expense.
X11.
INSURANCE
A. Lessee agrees to provide adequate insurance for all
buildings now owned by Lessee or hereafter constructed upon the
premises by Lessee, and to replace or repair each in all cases
of any loss compensated by insurance within a reasonable period
of time.
B. Lessee agrees to obtain insurance coverage and to
maintain such insurance coverage in amount reasonably necessary
to protect Lessee from normal insurable liabilities arising
from the operations of Lessee.
XIII.
COVENANTS BY LESSOR
Lessor hereby agrees as follows:
1. To provide and pay for the installation and monthly
electricity required for security lighting at the airport which
Lessor re4uiros to be installed under any safety or fire
regularions, or as may be required by Lessor;
(2) To maintain all concrete and asphalt runways, taxiways
AIRPORT AGREEMONT - PAGE 9
and auto and airplane parking areas on the entire airport, but
excluding any areas leased exclusively to Lessee;
(3) To maintain all runway, taxi, and area lights, and
beacons and to pay for all electricity required for their
operations;
(4) To maintain the airport In an acceptable condition for
general aviation activities on said airport;
(5) Lessor covenants and agrees not to enter into any
subsequent lease, contract, or agreement with any other person,
firm or corporation for the operation of a fixed base general
aviation operation or business similar to Lessee's business on
the airport containing more favorable terms than this agreement
or not accorded to Lessee hereunder unless the same rights,
privileges and concessions are concurrently and automatically
made available to Lessee.
(6) That on payment of the rent, fees, and performance of
the covenants and agreenents on the part of Lessee to be
performed hereunder, Lessee shall peaceably hold and enjoy the
leased premises and all the rights and privileges herein
granted,
(7) Lessor warrants and represents that in the
establishment, construction and operation of the said Denton
Municipal Airport, that Lessor has heretofore and at this time
is complying with all existing rules, regulations, and criteria
distributed by the Federal Aviation Agency, Civil Aeronautics
Board, or any other governmental authority relating to and
including, but not limited to, noise abatement, air rights and
easements over adjoining and contiguous areas, over-flight in
landing or take-off, to the end that Lessee will not be legally
liable for any action of trespass or similar cause of action by
virtue of any aerial operations over adjoining property in the
course of normal take-off and landing procedures from said
Denton Municipal Airport; Lessor further warrants and
represents that at all times during the term hereof, or any
renewal or extension of the same, that it will continue to
comply with the foregoing.
AIRPORT AGREEMENT' - PAGH 10
XIV.
COVENANTS BY LESSEE
Lessee hereby agrees as follows:
(1) Tr, indemnify and hold harmless the Lessor from and
against all loss and damages, including death, personal injury,
loss of property or other damages, arising or resulting from
the operation of Lessee's business in and upon the leased
premises.
(2) Not to make or suffer any waste to be made of the
premises and will keep said premises neat, clean and
respectable condition, free from objectionable matter or thing.
(3) To observe and comply with all current and future laws
and ordinance!; and all regulations of federal, state, county or
city airport authorities or agencies having jurisdiction over
the conduct of operations at the airport.
(4) To keep adequate records of income and expenses and
make such records reasonably available, upon request, to the
Director of Finance of the City of Denton, Texas.
(5) Lessee will quit possession of all premises leased
herein at the end of the primary term of this lease or any
renewal or extension thereof, and deliver tip the premises to
Lessor in as good condition as existed when possession was
taken by Lessee, reasonable wear and tear excepted.
(6) Lessee shall, at its expense, procure all licenses,
certificates, permits, or other authorization from any and a!l
governmental authorities, if any, having jurisdiction over the
operations of Lessee.
XV.
SPECIAL CONDITIONS
It is especially understood and agreed by and between
Lessor and Lessee that this lease agreement is subject to the
following special terms and conditions:
(1) Nothing contained herein shall be construed to grant
or authorize the granting of an exclusive right within the
meaning of Section 1349 of Title 49, United States Code
Annotated.
AIRPORT AGREEMENT - PAGE 11
(2) Lessor reserves the right to further develop or
improve any public parking area, landing area, or other portion
of the airport property without notice to Lessee.
(3) During time of war or national emergency, declared by
the Congress or the President of the united States, Lessor
reserves the right to alter, amend, or suspend this agreement
upon demand of military or naval authorities of the United
States.
(4) Lessee, its heirs, personal representatives,
successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree as a
covenant running with the land that in the event facilities are
constructed, maintained, or otherwise operated on the property
de,ecribed in this lease for a purpose for which a Department of
Transportation program or activity is extended or for another
purpose Involving the provision of similar services or
benefits, the Lessee shall maintain and operate such facilities
and services in compliance with all other requirements imposed
pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Sect,:tary, Part
21, Nondiscrimination in Federally- assisted progrrtms of the
Department of Transportation-Effectuation of Title VI of the
Civil Rights Art of 1964, and as said Regulations may be
amended.
That in the event of breach of any of the ahuve nondis-
crimination covenants, Lessor shall have the right to terminate
the lease and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said lease had
never been made ov issued.
(S) Lessee, its personal representative, successors in
interest, and assigns, as a part of the consideration hereof,
does hereby covenant and egree as a covenant running with
land that (1) no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in
the use of said facilities; (2) that in the construction of any
AIRPORT AGREEMENT - PAGE 12
.
improvements on, over, or under such land and the furnishing of
services thereof, no person on the grounds of race, color or
national origin shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination;
(3) that the Lessee shall use the premises in compliance with
all other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of Transpor-
tation-Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
That in the event of breach of any of the above
nondiscrimination covenants, Lessor shall have the right to
terminate the lease and to re-enter and repossess said land and
the facilities thereon, and hold the same as if said lease had
never been made or issued.
(6) The Lessee assures that it will undertake an
affirmative action program as required by 14 CPR Part 152,
Subpart E, to insure that no person shall on the grounds of
race, creed, color, national origin, or sex be excluded from
participating in any employment activities covered in 14 CFR
Part 152, Subpart E. The Lessee assures that no person shall
be excluded on these grounds from participating in or receiving
the services or benefits of any program or activity covered by
this subpart. The Lessee assures that it will require that its
covered suborganizatons provide assurances to the Lessor that
they similarly will undertake affirmative action programs and
that they will require assurancep from their suborganizations,
as required by 14 CFR Part 152, Subpart E, to the same effect.
(7) Lessee is hereby granted the first right to lease the
following described land for a period of five (5) years;
COMMENCING at the northwest corner of a tract of land as
conveyed to P. F. Breen by deed recorded in Volume 127, Page
183 of the Deed Records of Denton County, Texas, said point
lying in the south right of way line of PM Road 1515 and also
being the most easterly northeast corner of a tract of land
leased by the City of Denton to Aerosmith Denton Corporation;
THENCE west along the south right of way line of FM Road 1515
same being the most easterly north boundary line of said
Aerosmith Lease a distance of 350 feet to a point for a corner;
AIRPORT AGREEMENT - PAGE 13
THENCE north along the most northerly east boundary line of
said Aerosmith Lease, a distance of 1000 feet to a point for a
corner;
THENCE west along the most northerly north boundary line of
said Aerosmith Lease passing at 830 feet the northwest corner
of said Aerosmith Lease and continuing west a totz? d+stanr3 of
870 feet, more or less, to a point for a corner in the east
edge of pavement of the north taxiway;
THENCE northwesterly along the east edge of pavement of said
north taxiway a distance of 30 feet to a point for a corner;
THENCE northeasterly perpendicular to said east edge of
pavement a distance of 180 feet to the point of beginning;
THENCE northwesterly 180 feet east of and parallel to said east
edge of pavement a distance of 200 feet to a point for a corner;
THENCE northeasterly perpendicular to said east edge of
pavement a distance of 100 feet to a point for a corner;
THENCE southeasterly 280 feet east of and parallel to said east
edge of pavement a distance of 200 feet to a point for a corner;
THENCE southwesterly perpendicular to said east edge of
pavement a distance of 100 feet to the place of beginning and
containing 20,000 square feet of land, more or less.
at three and one-half (.035f) cents per square foot. Lessee
shall have thirty (30) days to exercise this first right to
lease the above described land after receiving notice from the
City Manager of the City of Denton that Lessor has a party
desiring to lease such property.
(8) If Lessor files an action to enforce any covenant,
term or condition of this lease, or for the recovery of the
possession of the leased area, or for breach of any covenant,
term or condition of this lease, then Lessee agrees to pay to
Lessor reasonable attorneys fees for the services of Lessor's % attorney in such action as part of the costs incurred, such
attorneys fees to be set by the Court.
(4) Lessor's waiver or breach of one covenant or condition
of this lease shall not be deemed a waiver of subsequent
breaches of other provisions, and Lessor's acceptance of rental
payments shall not be deemed a waiver of any breach of Pny of
tha provisions of this lease.
XI.
CANCELLATION BY LESSOR
In the event that Lessee shall file a voluntary petition in
bankruptcy or proceedings in bankruptcy shall be instituted
against it and Lessee thereafter is adjudicated bankrupt
AIRPORT AGREEMENT - PAGE 14
pursuant to such proceedings, or any court shall take juris-
diction of Lessee and its assets pursuant to proceedings
brought under the provisions of any Federal reorganization act,
or Lessee shall be divested of its estate herein by other
operation of law, or Lessee shall fail to perform, keep and
observe any of the terms, covenants, or conditions herein
contained, or on its part to be performed, the Lessor may give
Lessee written notice to correct such condition or cure such
default and, if any condition or default shall continue for
thirty (30) days after the receipt of such notice by Lessee,
then Lessor may, terminate this lease by a thirty (30) days
written notice to Lessee. In the event of default, Lessor has
the right to purchase any or all structures on the leased
premises under the provisions of Pargraph VII hereof,
XII,
CANCELLATION BY LESSEE
Lessee may cancel this Agreement, in whole or part, and
terminate all or any of its obligations hereunder at any time,
by thirty (30) days written notice, upon or after the happening
of any one of the following c,vents: (1) issuance by any court
of competent jurisdiction of a permanent injunction in any way
preventing or restraining the use of said airport or any part
thereof for airport purposes; (2) any action of the Civil
Aeronautics Board and/or Federal Aviation Agency refusing to
permit Lessee to operate into, from or through said airport
such aircraft as Lessee may reasonably desire to operate
thereon; the breach by Lessor of any of the covenants or
agreements contained herein and the failure of Lessor to remedy
such breach for a period of thirty (30) days after receipt of a
written notice of the existence of such breach; (3) the
inability of Lessee to use said premises and facilities
continuing for a longer period than ninety (90) days due to any
law or qny order, rule or regulation of any appropriate
goveriunental authority having jurisdiction over the operations
of Lessor or due to war, earthquake or other casualty; or (4)
the assumption or recapture by the United States Government or
fi AIRPORT AGREEMENT - PAGE 1S
any authorized agency thereof of the maintenance and operation
of said airport and facilities or any substantial part or parts
thereof.
XIII. II
NOTICES
All notices provided for herein or required by this
agreement shall be sufficient if sent by certified mail,
postage prepaid, addressed to the parties as follows:
LESSOR: City Secretary
Municipal Building
215 East McKinney Street
Denton, Texas 76201
LESSEE: F. D. Strickler and Johnny S. Rutherford
d/b/a Fox-51 Limited
Route 1, Box 47B
Argyle, Texas 76226
or to such other address as either party may designate in
writing from time to time.
EXECUTED as of the 1st day of July, 1980.
CITY OF DENTON, EXAS, LESSOR
BY: jer-sZe.
IrARD T MAYOW
ATTEST-
C TY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: FOX-S1 LIMITED, LESSEE
BY
F. D. BK~ PRESIDENT
AIRPORT AGREEMENT - PAGE 16
THE STATE OF TEXAS )
COUNTY OF DENTON )
BEFORE MR, the undersigned authority, in and for said
County, Texas, on this day personally appeared F. D. Strickler,
known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me
that the sane was the act of the said Fox-51 Limited, a
corporation of the State of Texas, and that he executed the
same as the act of said corporation for the purposes and
consideration therein expressed, and in the capacity therein
stated.
GIV UNDER MY HAND AND SEAL OF OFFICE, This the 2u day
of 1980. I,
My Commission expires:
AIRPORT AGREEMENT • PAGE 17
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ALLINSON-ROSS CORPORATION
SOFTWARE USAGE AGREEMENT
THIS AGREEMENTmade the dayol August _ I9 .80.__
BETWEEN
ALLINSON ROSS CORPORATION. a corporation
incorporaled under the ~awscf the Piovince
cf0waro havingg as head rJhc?inn the
Muniopallty otMeuopolrtan Toronto.
heiemattercalled line ' Lcensor ) OFTHEFIRSTPART
AND
The City of Denton Texas,
Municipal Building,
215 East McKinney,
Denton, Texas,
U.S.A. 76201
Ihereinaflercalledthe, Licensre I OFTHESECONDPARF
NOW THIS AGREEMENT WITNESSETH that in consideration of the premise_ !',d the sum of rwr dollarsls 2 001 now paid by each party to the other
(the receipt whereol is hereby by each acknew[edged) thepaniesherelocovenant agree s+~pulatn anal pror ode as follows
1 In this Agr eement
(a) Computer System" means lheequ,pmenr hardware. central processing units rhev fenf,heralderv~ces and the~manufac rarer siipphed programs
in the use of the Licensee.
(b) 'Program" means a set of instructions in computer language for the perform ante br a Computer So stem of c ertain tasks as speeded in Schedule
A' anneredhereto
(c) ' Source Code 'means the Program m the form of rheprogrammer/computer interface languageon any recording medurn
(d) "Machine Code" means the Program in the form of computer e.lcutable m5i,rua10ns that may be ul by the Compofer Svsrem foe the
performanc a of the tasks specified to be performed by the Program
2 The Licensor hereby grants to the Licensees non-exctusrve licence to use the Program rnr the term specified in Schedule A annexed hereto The
Licensor shall have the right to grant any further and adeilionallicilor to make such other useof the Program as of shall desire Title10theProgram •
and an y material or data in connection therewith, mcliPLng Source Code. Machine Code. documentation shall at all times remain with the Licensor
3 The licence granted hereunder shall in no event to assgnrhlemwhole Orin part by Ihe Ucensee
4 The Licensee shall welt and truly say the amounts due hereunder to the Licensor provided in Sull A armexed hereto aI the times and in the
manner therein sprecdied
5 The Licensor will supply the Program to the Licensee in Machine Code form upon magnetic tape and userdocumenlaion lot lheuse0rlhe Licensea lot
the purposes and subject to the terms Fi l
6 The Lkensee shall use the Program only at the location and on the Computer System speahed hereunder provided that the Licensee may make
addtionafcopiesoftheMachineCodeoranydataormarerialassociatedrherillforbonalice backup purposes In the event that the Computer
System shall be inoperative due to malfunction, the Licenses shall, upon prior written notice to the Licensor. be permuted f c use the Machine Code on s
supplementary Computer System until the Licensee is Computer System is opera Lonal It is prc+ided. however, that in any of the above mentioned
circumstances the Licensee shall to si ore his Computer System to operat ion as e. pedit,ous[y a s possible
7 The Lkensee shall permit, subject to the Lrnitations which may be imposed by Governmental regulations the Licensor and its agents to enter and
inspect any location at which the Program is being used. at al l reasonable times for the purposesofdetermining That the Licensee is not in do It under
any terms hereunder
a. It is understood and agreed that the Licensee shall be entitled to accass to the Source Code e+cept in the !went that the Lic ensa ts in default of its
obligations hereunder (which default continues for thirty 130) days after notice thereon is gran by the Licensee to the Licensor) or if the Licensor has
teased to carry on business In ether event accass to the Source Code shall be under the sulaion and cOn IF of of the licensor, its successors or
assigns The Licensor undertakes to adatso Messrs Gardner, Robert a, Banisters andSouulon. 120Ad»lai do SIF cat West. Toronto 0nrarse. Canada,
M 5 H-1 T6 of t he locat ion from time to time of the Source Cock and t he n a me of I he person of pe rsons under whose t ort col the Source Code n
9. The Lkensee shall, when it considers mamtenance required, make a request for soil by notice in writing to the licensor, together with supporting
documentation. Upon receipt by the Licensor of any notice given pursuant to the provisions of this paragraph, the Licensor shall, with dispatch, exert its
best efforts to amend the Program to more completely and accurately represent and fulfill the Tasks specified for the Program in Schedule "A" annexed
hereto. in the event that the Lcensor is unable, acting bona fide, to amend the Program so that the Program satisfactorily performs the tasks specified
pursuant to the provisions hereof, the licensee may thereupon terminate the Agreement but shall have no other right or remedy against the Licensor
except that, if the Licensee terminates the Agreement pursuant to the provisions of this paragraph, any pe lock payment made hereu rider reral ing to an
unexpired period of the term of the licence hereunder shall be prorated over such period and the unexpired portion thereof returned forthwith without
interest or deduct ion
10 The Licensee marerequest modifications to the Program and the Licensor may. d if deems the change of mutuat bo l urrderlasa such modficationa
and provide the Licensee with the Machine Code representative of those mocMical ors at such remuneration as may be agreed upon between the
Lkensee and the Licensor.
11. The Licensee expressly acknowledges hereby that the Licensor does not represent nor warrant that the Computer System will perform the tasks
%wifiedhereunder for the Program and any warranty hereunder isstrictlytimitedto the capabilities OF the Program alone Unless if may be shown that
any failure of the Computer Sysl em to Perform the tasks required hereunder is directlyy cauFad key the Program, it shall be presumed that the failure of the
Computer system to perform such freaks is caused by a component of the Computer System other than 14 Program
12. The Licensee shall not, during the term hereof nor al Any time thereafter disclose the Program. the Machine Code, or any pert thereof or any material
relating fit to or relating to the Program to any person, firm or corporation whatsoever, and shall take all necessary precautions 10 insure, the O.,
confidantialafolallsuch rnalarlal.This provision shallsurvivethetenninationc thisagreementorthelicencegrantedhereunder,
w« 7911/1
CoN71NUtD
ALLINSON-ROSS CORPORATION
SOHIll USAGE AGREEMENT
• Rev, )9/ 111
13 After delivery of the Program and relayed material to the Licensee the Licensee shall he responsible for protecimg the Program and related material
Iromriskofloss damage or idlest ruct ion Iniheeveniofsuchloss damage or deslruchon, the iremssolosF, dam aged or dest roved shall be replaced by
the Licensor at the Licensors then current reasonable i lung Fell for such Nta,emenI
14 If anyachon, clam or suit isthreatened. brought or made against the Licensee baser! upon infringement of any patent. copyright or other propnelary
inrerest, the LKen;ee shall promptly notify the Licensor in writing of such action. claim or suit which the Licensor shall defend at its own expense The
Licensee shall cooperate in such defense as reasonably requesredby the Licensor If at any time it shall be declared or held as a final determination bya
C Dun of competent rynsd ict ion from which either no appeal has been or can be taken to the elfec l that the Licensee is not entitled louse the Program,
the Licensor shall, at its expense, either procure for the Licensee the right to continue the use of the Program, or replace the Pr gram or parr thereat,
with a non-infnnging substitute acceptable to the Licensee. or modify the Program so as to be non -infringing and acceptal to the Licensee if,
however, the Licen?ores unable, despite reasonable efforts. to effect any of such options, the Licensor may then terminate the licence granted by this
Agreement upon thirty (30)days'writlen notice to the Licensee w hereupon the Licensor shall be unull no lunher habaa y hereunder The Licensor shall
have no responsrbCay for any claim of infringement of copyright patent nr orher proprietary interest arising from the use of the Program other than in the
unmodified version of the Program as o nginahv supplied by the Lize nsor hereunder, if infringement could have been a'lOi ded by use of such unmodified
version, or arising from uT or comb.nall of the Program with any other program, if infringement could have been avoided by not using the Program in
combination with such other programs
15 The Licensor shall not be liable under any condition for damages in respect of anysper,ial indirect or tense Iuemial loss. including without limiting the
generality or the foregoing. any compensation. reimbursement or damages on accounr or loss of prospectme profits an antic spared sales or on account
of expendi tunes, investments, leases or commitm a ills in connection with the business or goodwill of the Licensee or of hervise of any claim or demand
against the Licensee by any other party In any even!, any liability of the brel to the licensee hereunder shall not exceed the total payments made
hereunder by the Lrcersc a to the Licensor
1G Upon the happening of any of l he lollowing events there shall be deemed to occur a breach of the terms hereof, and without rest,crng any other right
or remedy otherwise av'atiole to the Licensor, the Licensor shall thereupon have the right to terminate the tcence granted hereunder and upon notice in
writing given lathe Licensee. the licensee shall rarum the Machine Code and any other material delivered to the Licensee hereunder within len(10)
days' cf the receipl of any such notice
(a) failure of the Licensee to pay any amounts due hereunder at the times and in he manner specried heroin
.
(b) s'iolaoonof or fadureol the Lrcrnsee ioperlorm any of the Dther terms hereof or of any other agreement given pursuant hereto.
(C the Licenseebecomingnsolventonnakinganassgnmenlfor,hebenehrolueditorsordarehrornnbanlruptcyishledagarnstlheLrcenseeor
proceedings for the appointvmenr of a recercer for the Licensee off proceedings Inr a reo~gamration or lo+ a composrbon with creditors be
inst ruled by or again if the Licensee ofd feat or personal property of the Lrcensae shall ce sold or levied undera Well of Execution,
(d) any rurponedoraltemptedasssgnmeni by the the Licensee of the licence granted hereinder
The Licensee acknowledges that the Licensor would hate no ydeciuate remedy aF gwon the Lrun I, threarened or acluat failure to perform any clits
cbbgaNdns hereunder and accordingly the Licensee hereby consents to an applicarion by tie Licensor to a court of competent fuisaclon for ax
injunction restraining any threatened or actual failure to perform any of the terms hereof In Fheevenrofierm,natonofrhrs Agreement. pursuanttothe
provisions of this paragraph. the Licensor shall nor be held acc ounlable for any sum paid by If le Licensee hereunder
• I) Upon the expiry of the Item hereof of other termination of the Ag-eement, the Program an,a any material in r"nec Non therewith and any duplicates or
copes relating thereto shall be returned forthwith to the Licensor The Licensor upon rotice to the Licensee may require such evidence that is
reasonably satisfactory to the Licensor of t h e C ompiranctl I he obl:4i in thi s Para graph
18 Any representation of reference, written or oral, made by the Licensee in corner, ti0rn with the Program shall be accompamedby a reference to the
Licenscras theovi andcrelsell the Program
19 Anynoticegwen hereunderloany padythereb shall te.cept in Fitt el lof an intelorhpn in postal 5ervvy be conclusivelydeemed lobe given upon
the third day ne+r IDaowrng the day upon wh ic hit w as m allied in 0 ntar ro. Canada by prep a rd. regis rend post. acidic ssad as follows
if To the LK ensor
AIUNSON ROSS COAPURi
Raxwxsoc P.O. Box 185, Station A,
Rt xwu ONt Aeio
C,,NAOA xxxix M9W 5L1
rftotheLKensee The City of Denton Texas,
Municipal Building,
215 East McKinney,
Denton, Texas,
U.S.A. 76201
or at suc h of her addres s a s any party may hav a specified by n uh c e in w lit ing to t h e Dill er
20 There are no understandings agreements conditions representations orwananles.expressoFrrnphed.other than as heroin set out This Agreement
constitutes the entire Agreement and understanding between the parties concerning the subject matter hereof and any modificalion or amendment
shall not be binding upon either party unless in wilting and rgned by each parry Time is in alt respects of the essence or this Agreement
21 The Agreement shall be governed by the laws of the Province of Ontario Canada
IN WITNESS WHEREOF the panieshave executed these presents on the day and the yearabmewruten
ALLINSON ROSSCORPORATION THE CITY OF DENTON TEXAS
_J 2 1 4
1
ALLINSON-ROSS COPPORATION
SOFTWAPEUSAGE AGPEEMENT
FN 79M I
•
SCHEDULE A
PartA Program Tasks As described in the Allinson-Ross Corporation publication:
ARP-600 - TIP/30 User Guide.
Parts TermofLice nce The term of the licence shall be from September 1, 1980
to August 31, 1981.
I
Part C Terms of Payment
The City of Denton Texas shall pay Allinson-Ross
Corporation $475.00 (U.S.) on the first day of each
month for the term of the licence.
(All prices quoted do not include taxes where applicable.)
ParD Specification of CompuierSysiem
` CPU Serial Numbers _ C'r~tyAC 5n/3crCy`~
ParE DphontoTerminateLease
The Licensee shall have the right to terminate a m4 IhN leave Agreement upon sixty 160) days' prior written notice to the Licensor lojether wnh a
to rminat ion, charge of four) 4) lures the monthly rate
v
N° 1077
6.4 5 -r 199 o
AN AGREEMENT BY AND BETWEEN
The City of Denton, Texas
AND 1HE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
THIS AGREEMENT, entered into as of this Jf day of l , 1980, by
and between the City of Denton, Texas (herein called
the "Contractor" an the North Centro Texas Council of Governments (herein called
NCTCOG), located in Arlington, Tarrant County, Texas,
WITNESSETH THAT:
WHEREAS NCTCGG desires to engage the Contractor to render services hereafter described
in connection with the Urban Fellowship Program which is to be partially financed
under Section 701 of the Housing Act of 1954, as amended:
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. EmRlo vent of Contractor. NCTCGG hereby agrees to engage the Contractor
an the Contractor ere y agrees to perform the services hereinafter set
forth in connection with Project Grant Contract No. CPA-TX-06-16-2076.
2. Sco a of Services. The Contractor shall do, perform and carry out, in a
satisfactory and proper manner, as determined by NCTCGG, the fallowing
services:
a. Provision of in-service training for the Urban Fellowship Intern
during periods of service with the Contractor, as set forth in "The
Responsibilities of the Employing Agency" which is attached as
Exhibit A and included in, and made a part of this Agreement.
b. Provision of salary and all benefits, professional guidance and
technical support by technical staff; office space; office furniture
and equipment; office supplies; office support services; intern
supervision and evaluation; project coordination with NCTCOG and
other related services found necessary and deemed appropriate,
c. Provision of all remuneration duP the intern at an hourly rate not
less than $4.50 per hour. A $1200 local cash-match contribution is to be
transmitted to NCTCGG at the time this Agreement 1s executed, and
is in addition to other contributed in-kind services. An amount
not to exceed $4,500 for a 50-week internship from September, 1980
through August, 1981, including the $1,200 cash contribution by the
Contractor, will be reimbursed on a monthly basis by NCTCOG based
on requisitions submitted by the Contractor when and as funds are
received from the Department of Housing and Urban Jevelopment.
d, Provision of necessary supporting documentation in accordance with
the requirements set forth in Chapter 3, Paragrapi, 20, HUD Handbook
MD 6042.1 dated March, 1969, naming persons performing the services,
amounts of services performed, dates of performances of services
and the amount of other contributed support.
Page 2 .
AGREEMENT
3. Services to be furnished b NCTCOG. NCTCOG agrees to provide the following
sere ces:
a. Provision of general program management, program coordination and all
grant administration services related to the program.
b. Provision of recruitmant assistance and review for the Contrr.i,or as
required. INCTCOG reserves the right to review and make recommenda-
tions on all prospective program participants so as to insure that
the true and best intent of the r)rcgram is carried out.
c. Processing reimbursement payments to the Contractor as grant monies
are received, generally on a monthly basis. The Contractor will be
required tc produce adequate documentation of all cash expenditures
and/or cash-equivalent contributions in order to be reimbursed with
grant funds requisitioned from HUD by NCTCOG.
d. Any other services as may be required to accomplish the objectives
of the program.
4. Personnel.
a. The Contractor represents that he has, or will secure at his own
expense, all personnel required in performing the services assigned
to him under this Agreement. Such personnel shall no be employees
of or have any contractual relationship with NCTCOG.
b. All of the services required hereunder assigned to the Contractor
will be performed by the Contractor or under his supervision, and
all personnel engaged in the work shall be fully qualified and shall
be authorized under State and local law to perform sulch services.
c. Nore of the work or services covered by this Agreement shall be
subcontracted without the prior written approval of NCTCOG.
5. Time of Performance. The services of the Contractor are to commence as
soon as practicable after the execution of this Agreement and shall be
undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this Agreement, but in any
event, all of the services required hereunder sha11 be completed prior
to August 31, 1981, or another date established by NCTCOG and the
Oepartment of Housing and Urban Development.
6. Com ensation. The Contractor agrees to provide the contributed services
an pro.ect support as outlined in paragraph 2 and receive no remunerative
compensation other than being reimbursed by NCTCOG for a portion of the
program costs as set forth in Item 2(c) of this Agreement.
7. Method of Payment. The Contractor will be reimbursed for program costs
when an as grant monies are received from HUD on a monthly basis as set
forth in Items 2 and 6 of this Agreement. The Contractor will be required
to present to NCTCOG adequate documentation to substantiate ail costs
and/or value of contributed services, which have been rendered by the
Contractor.
Page 3.
AGREEMENT
8. Termination of Agreement for Cause. If, through any cause, the Contractor
s a not be able to fu fi or fail to fulfill in timely and proper
manner the obligations under this Agreement, or if the Contractor shall
violate any of the covenants, agreements or stipulations of this Agreement,
NCTCOG shall thereupon have the right to terminate this Agreement by
giving at least seven (7) days written notice to the Contractor of such
termination and specifying the effective date of such termination. In
that event, at the option of NCTCOG, the Contractor shall be entitled to
receive dust and equitable compensation for any services satisfactorily
rendered.
9. Termination for Convenience. NCTCOG or Contractor may terminate this
Agreement at any time by giving written notice to the uther party of such
termination and specifying the effective date thereof, at least 15 days
before the effective date of the termination.
10. Changes. NCTCOG may, from time to time, require changes in the scope of
the services of the Contractor to be performed hereunder. Such chanq es,
including any increase or decrease in the amount of the Contractor's com-
pensation, which are mutually agreed upon by and between NCTCOG and the
Contractor, shall be incorporated in this Agreement.
11. Equal Employment 0 ortunit . There shall be no discrimination against
any employee who Is employed in the work covered by th a Agreement, or
against any applicant for such employment, because of race, color, religion,
sex, age or national origin. This provision shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection fur training, including
apprenticeship. The Contractor shall insert a similar provision in all
subcontracts for services covered by this Agreement.
12. Interest of Members of NCTCOG and Others. No officer, member or employee
of NCTCOG an no members o is governing body, and no other public
official of the governing body of the locality or localities in which the
Project is situated or being carried out who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying
out of this Project, shall participate in any decision relating to this
Agreement which affects his personal interest or have any personal or
pecuniary interest, direct or indirect, in this Agreement or the proceeds
thereof.
13. Assi nabilit The Contractor shalt not assign any interest in this
Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of NCTCOG
thereto: provided, however, that claims for money due or become due to
the Contractor from NCTCOG under this Agreement may be assigned to a bank,
trust company or other financial institution without such approval. Notice
of any such assignment or transfer shall be furnished promptly to NCTCOG.
14. Interest of Contractor. The Contractor covenants that he presently has
no Interest an shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance or ser-
vices required to be performed under this Agreement. The Contractor
s
Page 4
AGREEMENT
further covenants that in the performance of this Agreement, no person
having any such interest shall be employed.
15. Finding Confidential. Any reports, information, data, etc., given to or
prepare or assembled by the Contractor under this Agreement which
NCTCOG requests to be kept confidential shall not be made available to
any individual or organization by the Contractor without the prior
written approval of NCTCOG except in the performance of any obligation
or service required by State law.
16. Officials Not to Benefit. No members of, or Delegates to, the Congress
o the United States of America, and no Resident Commissioner, shall be
admitted to any share or part thereof or to any benefit to arise herefrom.
11. Identification of Documents. All reports and documents completed as a
part o this Agreement, of er than documents exclusively for internal
use within NCTCOG, shall carry the following notation on the front cover
or a title page containing the name of NCTCOG:
"The preparation of this report was financed in part through an
urban planning grant from the Department of Housing and Urban
Development."
18. ~Co ~ririggh__t__. No reports or documents produced in whole or in part under
this Agreement shall be subject of an application for copyright by or
on behalf of the Contractor.
IN WITNESS WHEREOF the North Central Texas Council of Governments and the Contractor
have executed this agreement as of the date first above written.
CONTRACTOR: City of Denton, Texas NORTH NTRAL TEXAS COUNCIL
OF GO LAMENTS
gnature 1 fn a e
ti
EXHI8IT A
THE RESPONSIBILITIES OF THE EMPLOYING AGENCY
1. The employing agency will make every attempt possible to provide an educational
experience for the intern employed.
2. The employing agency will have complete authority over all personnel decisions, .
including employment and dismissal.
3. The employing agency will pay all remuneration due the intern. ",n amount not
to exceed $4,500 for a 50-week internship from September, 1980, through
August, 1981, will be reimbursed by NCTCOG on a monthly basis based on re-
quisitions submitted by the Contractor when and as funds are received by
NCTCOG from the U. S. Department of Housing and Urban Development.
4. The $1,200 local cash-match contribution is to be transmitted to NCTCOG at the
time this Agreement is executed. This contribution is non-reimbursable,
except that in the event an intern terminates from the internship or Urban
Fellowship Program prior to March 1, 1981, a prorated share of this contri-
bution will be reimbursed to the employing agency. Reimbursement of the local
share will not be provided either in whole or part after February 28, 1981.
If additional participants are accepted into the Urban Fellowship Program
during the year, priority will be given to placing these individuals with
existing employing agencies which have experienced internship vacancies.
5. The employing agency will provide matching funds in the form of in-kind ser-
vices. This matching amount will be provided on a proportional basis when
the request is made by the employing agency for reimbursement from NCTCOG.
6. The employing agency is encouraged to pay student membership dues for the
intern in appropriate local, state or national professional associations
which would increase the professional contacts of the intern.
7. The immediate supervisor will meet periodically with the intern, his university
advisor, and NCTCOG program management staff, to discuss the student's progress
and the relationship between his academic endeavors and his on-the-,fob per-
formance. Additionally, the supervisor is encouraged to provide academic
counseling to the intern to assist the intern in enrolling in courses that are
directly related to his/her career objectives and internships experiences.
8. The employing agency will prepare a fob description for the intern, providing
one copy to NCTCOG and one to the Intern.
PARTICIPATION IN NCTCOG
1980-81 URBAN FELLOWSHIP PROGRAM
.1~
Name of Local Government City of Denton
We would be interested in employing a part-time intern through NCTCOG's Urban
Fellowship Program for the year beginning on or about September 1, 1980, and
ending on or about August 31, 1981.
Name and title of person who will supervise the intern:
Jeff Meyer Director
Department to which it is anticipated the intern will be assigned:
Planning and Community Development Department
'Our local government is capable of providing supervision to the intern by persons
not paid entirety out cif fedsral funds and will provide $1,20D of cash contribution
toward the intern's salary plus the employer's contribution for FICA (if appllcable).
Signed:
Name %
Jeff Meyer
Director, Planning L Community Development
Title
IIOTC: Please attach a description of the work assignments proposed for the Intern.
ARM CONTINUATION OR RENEWAL CERTIFICATE
bL.3G4W ST. PAUL FIRE AND MARINE INSURANCE COMPANY
FIDELITY AND SURETY SAINT PAUL, MINNESOTA STOCJI COMPANY, ORGANIZED UNDER THE
DEPARTMENT (HEREINAFTER CALLED COMPANY) LAWS or THE STATE OF MINNESOTA. i
In Consideration of an Agreed Premium,
Hereby continues in force Bond No. 00 CO 4337/189
n behalf of The Fuller Arush Company
and in favor of Benton, Texas
for the extended term of 4 year(s), beginning on the 11th day of August 19 81 ;
subject to all its terms, conditions and limitatlons, as set forth and expressed in said bond hcretofore issued on
the 11th day of August 1980
I
This continuation or renewal certificate is executed upon the express condition that the Company's liability
under said bond and this and all continuation or renewal certificates issued in connection therewith shall not be i
cumulative and shall not in any event exceed the amount as set forth in said bond or in any additions, riders, or
endorsements properly issued by the Company as supplements thereto.
SIGNED, SEALED, and DATED this 3rd day o Febr ary ,19 81
ST. PA Fl D MARIN NS RANCE C MPANY
by t ~o-Fact
11016 ROV.2.79 -Q )Ann Amato
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