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HomeMy WebLinkAbout02-1983 ~ ~3 fz.bruar NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Fisher Survey, Abstract No. 421, B. Lewis Survey, Abstract No 769, M.E.P. & P.R.R. Survey, Abstract No. 950, E. Pickett Survey, Abstract No. 1018 and the S. Hembrie Survey, Abstract No. 643 and being more particularly described as follows: BEGINNING at a point 5 feet east of and perpendicular to the east right of way line of Teasley Lane (FM 2181), said point also lying in the present city limits line as established by Ordinance No. 65-43, Tract III and the southwest corner of the land described in Ordinance No. 74-35; THENCE south 87039111" east along the present city limits as established by Ordinance No. 74-35, a distance of 3559 feet to a point for a corner, same being the southeast corner of the land described in Ordinance No. 74-35 and the west boundary line of the land described in Ordinance No. 74-34; THENCE south along the present city limits as established by Ordinance No. 74-34, a distance of approximately 1921 feet, more or less, to a point, same being the southwest corner of the land described in Ordinance No. 74-34 and the westerly northwest corner of the land described in Ordinance No. 77-18; THENCE south along the present city limits as established by Ordinance No. 77-18, a distance of 2454 feet to a point for a corner, same being the southwest corner of the land described in Ordinance No. 77-18; THENCE north 84019' east along the p::esent city limits as established by Ordinance No. 77-18, a distance of 3249.71 feet to a point for a corner, same being the southeast corner of the land described in Ordinance No. 77-15; THENCE north 2058' east along the present city limits as established by Ordinance No. 77-18, a distance of 792.7 feet to a point for a corner, said point being the northerly northwest corner of the land described in Ordinance No. 78-28, Exhibit "C", said point also lying in the southwest right of way line of State School Road] THENCE south 21019 east along the southwest right of way line of State School Road, same being the present city limits as established by Ordinance No. 78-28, Exhibit CO. a distance of 172.7 feet to a point for a corner; THENCE 39018' east along the southwest right of way line of said road, same being the present city limits as established by Ordinance No. 78-28, Exhibit "C", a distance of 697.1 feet to a point for a corner; NOTICE/2-1560/TEASLEY LANE-ROB MSON ROAD-PAGE ONE THENCE 17006' east along the present city limits as established by ordinance No. 78-28, Exhibit "C", a distance of 151.7 feet to a paint for a corner, said point lying 10 feet west of the Denton-Corinth common jurisdiction line and also being 10 feet west anu 53.7 feet south of the northwest corner of the L. Young Survey, Abstract No, 1451; THENCE south along the present city limits as established by Ordinance No. 78-28, Exhibit "C", and 10 feet west of and parallel with the Denton-Corinth common jurisdiction line a distance of 1651.5 feet to a point for a corner in the north right of way line of Robinson Road, said point also being 25 feet north of the south boundary line of the S. Hembrie Survey, Abstract No. 643; THENCE south 88058' west along the present city limits same being the north right of way line of Robinson Road and 25 feet north of and parallel with the Denton-Corinth common jurisdiction line a distance of 830 feet to a point for a corner; THENCE west along the north right of way line of Robinson Road a distance of 4190.78 feet to a point for a corner, said point lying in the present city limits as established by Ord±;,ance No. 65-43, Tract III, said point also lying 5 feet east of and perpendicular to the east right of way line of Teasley lane (FM 2181); THENCE north and west along the present city limits which lies 5 feet east of and parallel with the east right of way line of Teasley Lane (FM 2181) the following 10 courses and distances: (1) north 2007' west 298.5 feet to the beginning of a curve to the left with a chord bearing and distance of north 18019' west, 827.25 feet, central angle of 32°24' and a radius of 1482.57 feet; (2) northwesterly along said curve an arc distance of 838.37 feet; (3) north 34031' west 751.8 feet to the beginning of a curve to the right with a chord bearing and distance of north 27056' west 718.9 feet, central angle of 14010' and a radius of 2914.93 feet; (4) northwesterly along said curve an arc distance of 720.73 feet; (5) north 20021' west 815.1 feet to the beginning of a curve to the left with a chord bearing and distance of north 26021' west, 609.35 feet, central angle of 120 and a radius of 2914.78 feet; (6) northwesterly along said curve an arc distance of 610.47 feet; (7) north 32021' west. 989.70 feet to the beginning of a curve to the right with a chord bearing and distance of north 16046' west 796.49 feet, central angle of 31010' and a radius of 1482.46 feet; (8) northwesterly along said curve an arc distance of 806.40 feet; (9) north 1011' west 432.7 feet to the beginning of a curve to the left with a chord bearing and distance of north 4014122" west 81.76 feet, central angle of 6006143" and a radius of 766.83 feet; (10) northwesterly along said curve an arc distance of 81.8 feet to the place of beginning and containing 456 acres of land, more or less, A Public Hearing will be held by an,n~,~§efore the City Council of the City of Denton, Texas, on the _t- day of 91.E %A , 1983, at o'clock on the north side of RobJrsc^^ jCoad approximate y, ,850 feet east of the intersection of Robinson Road and FM 2168 (Teasley Lane), for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all NOTICE/Z-1560/TEASLEY LANE-ROBINSON ROAD-PAGE TWO s said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of the City of Dentoar Texas, on the _1_ dz- day of , 1983, at 7:00 o'clock P. M. in the City Council Chamber c he Mun=.cipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the riqht to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. 1 IC PRD O. STEW , MAY R CIT OF D NTON, TEXAS ATTEST: ,h CHARLOTTE ALLEN, CITY SECRETARY NOTICE/2-1560/TEAFLEY LANE-ROBINSON ROAD-PAGE THRP2 ~QNZ f „ ~t _~k `~wY } tf rig i r(~3• ,r~° " 'i a, i~! i ~.'~J r - CASH WARAANTY DEED J " 1,U.1i`~1~1Ui1i1111~1~11~i~JSUU4~t' « ti tc~u ti r ~ D-83-4868 I1-02/sb G882 rC11~97Pd~F5?$ THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DE14TON t ~ pp S That WE, ROBERT D. GATHINGS a' na Rife,~DaIELLYE KAY GATHINGS, (hereinafter called "Grantor" whether one or more, masculine, feminine or neuter) for and in consideration of the sum of TEN and no/100 MLLARS and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, paid by CITY OF DENT014 (hereinafter called "Grantee," whether one or more, masculine, feminine or muter), for which no lien is retained either express or implied, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said Grantee all that certain real property located in Denton County, Texas and described as follows: All that certain lot, tract or parcel of land lying~a,44 being situated in the County of Denton, State of Texas, add being part of the R.J. Mosley Survey, Abstract No. 803, and also being part of a tract of land as conveyed from Freddie Jane O'Rear to Robert D. Gathings and wife, Shellye Kay Gathings by deed dated January 16, 1978, and recorded in Volume 872, page 685, of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGIiMLIG at the southeast corner of said tract, said point also lying in the north boundary line of a tract conveyed to the City of Denton by deed and recorded in Volume 462, page 465 of the Deed Records of Denton County, Texas; THENCE'North 85 deg. 10' west along the south boundary line of said tract and the north boundary line of said city tract a distance of 959.52 feet to a point for a corner, same being the southerly south- west corner of said tract; T11LNCE North along the southerly west boundary line of said tract, a distance of 45.5 feet to a point for a corner; TIIL14CE South 85 deg. 10' east a distance of 961.95 feet to a point for a corner in the east boundary line of said tract; THUCE South 3 deg. 03' west along the east boundary line of said tract a distance of 45.36 feet to the place of beginning and containing 1.0 acre of land more or less. This deed is executed and delivered subject to all easements, reservations, conditions, covenants and restrictive covenants as the same appear of record in the office of the County Clerk of the county aforesaid. TO HAVF. AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, his, her or its successors, heirs and assigns, as the case may be, forever; and Grantor does hereby bind Grantor and Grantor's successors, heirs, executors and administrators, as the case may be, to Warrant and Forever Defend all and singular the said premises unto the said Grantee and Grantee's successors, heirs and assigns, as the case may be, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Executed this 28th day of February 19 83 Witness at request of Grantor: I ....................................C! gs Robert D. a Y_G-ail6yings &_*if... Kay FORM 04 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF Denton BEFORE ME, the undersigned authority, . in and for said County, Texas, on this day personally appeared., Robert .D,.. Gathings_ and,, wife., She? lyp. Kay_.Gathings_... known. to me to be the person s _whose name _ are. subscribed to the foregoing irstrument, and acknowledged to me that they...... executed the name for the purposes and consideration therein expressed. G1VzN UND HAND AND SEAL OF OFFICE, This 28th / yf Feb uar/~ A.D. I0... 83 (L. . MrCamm 6Dw Wed 4 " Notary Public, Denton County Texas 31, I sdS My Commission Expires ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF.. . in and for said County, Texas, on this day personally appeared known to me to be the person _ whose name subscribed to the foregoing instrument, and acknowledged to me that he.. . . executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of _ A.D. 19 Notary Public, . ,...,......County, Texas My Commission Expires - ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF . in and for said County, Texas, on this day personally appeared . . known to me to be the person_.._ .whose name subscribed to the foregoing instrument, and acknowledged to me that he...... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This... - day of . A.D. 19...,....... Notary Public, _ - _ _County, Texas My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared...--_ - - - ..orego.... - - - - --..known to me to be the person and officer whose name la_sub..scribed to -the fing [natrument and acknawkdged to me that the same was the act of the said _ a corporation, and that he executed the same as the ..ct of such corporaticn for the purposes and consideration therain expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This..----- _.-day of- , A.D. 19-...- Notary Public, County, Texas My Commission Expires 1)>~rj°'JaluR1 bM~O'1~ 1d@II00 Liu £sst Y HVW ow R1 wring p4owels so srnl'/qunay solua4 p Mpwi Psmso OW ]o efled Pus swnlas" US PePIO " a *V I" Pus sw LQ uosn4 pedwgs aw(< Pus siq O to Ippf save Pnanrlsul INS 1141 APIM WuHi I 0 Q 3114 owl '4wA* uolnap UM Ai11I100 • • ~NOUr;Ia >n ukrloo w,ai ~ava1 H s t :C pia 8z 93J Ee61 VOL 1197PAG y X529 • ---------n3~i- ~ god R%-18 (Rev. 4-81) Page 1 of 6 MC 601441 Contract No. Practice 923.002 6C-nCRALTELEPHOnC COMPAIV OF THE SOUTHWEST TWO-TIER TELECOMMUNICATIONS SERVICE AGREEMENT CONTRACT NUMBER: N83-2009 (To be entered when service is established.) r E B 2 $ 1983 TYPE OF CONTRACT: P9NXr0AU ADDENDUM IF ADDENDUM: DATE OF ORIGINAL CONTRACT 1-8-79 NUMBER OF ORIGINAL CONTRACT 078-204-2- Brad llammit System Size 1 TWO-TIER CONTRACT General Telephone Company of the Southwest, (Telephone Company) agrees to provide the telecommunications equipment and services described and listed in Schedule A attached to this contract to sty of Denton _ (Customer), at 215 E._ NcKinney_,__Dento_n _ Texas according to the following terms and conditions; 1. This contract is subject to the Telephone Company's rates and regula- tions as contained in its General Exchange Tariff and such changes as may be made from time to time thereto by Telephone Company or by the appropriate regulatory body, and this contract is also subject to the rules and regulations of the applicable regulatory body. 2. Telephone Company shall provide, install, maintain and provide necessary replacement components for an initial contract period of 36 months from the date of initial service of the equipment described herein; thereafter, Telephone Company will provide maintenance service for the system Including replacement of like components as long as economically feasible and required replacement parts are available. Ownership of telephone system, including but not limited to wires, cables, instruments, telephone number or numbers, equipment and associated appurtenances, shall be in and shall remain with the Telephone Company. Customer shall furnish without charge to Telephone Company suitable runways for wires and cables and suitable space for necessary equipment. Customer understands, that for the contracted equipment suitable environmental conditions must be maintained. If at anytime, should a failure to maintain suitable ' environmental conditions result in service outage and/or _ equipment damage, customer will be held liable for all charges incurred. Page 2 of 6 Contract No. 3. Customer shall pay Telephone Company an amount equal to the sum of Level A price and Level B price as shown in attached Schedule A. Such amount shall be paid monthly during the contract pe -iod .-et out in paragraph 2 above and th, reafter Customer shall pay only the Level B price during the term of this agreement. Telephone Company agrees not to seek any change in the Level A rates covered by this contract, however, because Telephone Company is a regulated utility, toe Level A rate may be subject to change at the initiative of the applicable regulatory body. Level B rates are at all times subject to change in accordance with the applicable tariffs of the Telephone Company. In the event Customer terminates all or any part of the service prior to the expiration of the initial contract period, Customer agrees, binds, and obligates itself to pay to Telephone Company the unpaid balance of the true Level A charges for that portion of the service terminated. The unpaid balance of the true Level A charges shall be computed as follows: Level B charges + 125% = True Level B Charges Level B charges - True Level B Charges + Level A charges = True Level A Charges Termination Amount = (P/A) I x True I-evel A Charges i = discount rate utilized by Telephone Company at time of termination. n = number of months remaining on the initial contract. Payment of said terminat?on amount is to be made in a lump-sum thirty (30) days from the date of termination or, upon request of the customer and with the written ap;)roval of Telephone Company, in equal monthly, non-interest bearing installments not to exceed thirty-six (36) months or the time remaining on the contract, whichever is shorter. In the event Telephone Company approves an extended pay-out of the unpaid balance of True Level A charges, customer agrees to sign a promissory note supplied by Telephone Co~+o ny providing for waiver of presentment, notice of dishonor and protest, for attorneys' fees and legal costs incurred in collection, for ten percent (10%) interest from the date.of default, and for acceleration of the balance of the note upon default. In the event of cancellation or termination by the customer after acceptance of this agreement by Telephone Company and before establishment of service, the customer shall pay all cost and expense incurred by Telephone Company for design and engineering of system and for ordering, furnishing and disposing of equipment. Customer understands and agrees to pay, in addition to charges specified in Schedule A, charges for ceptral office trunks, statio,.s and other terminal equipment in accordance with the then prevailing General Exchange Tariff. 3A. Items for which 'customer elects the Single-Payment Option (SPO) as specified in Schedule A have an assumed contract period of NA months. SPO•amounts are in lieu of Level A monthly payments for tie assumed contract period. In the event customer terminates any or all items provided under SPO prior to completion of the assumed contract period Telephone Company shall retain the SPO amount in lieu of a termination charge. Level B rates shall apply monthly to items provided under SPO. Page 3 of 6 Contract No. 4. Telephony Company agrees to provide additional equipment and features to the basic sy'. gem under the following conditions: a. Additions shall be made pursuant co the rates and regulations under the then prevailing tariff. b. Additions will be made pursuant to an Addendum Contract having a Level A period with expiration date as near the same as the Original Contract Level A expiration date as feasible. C. Total system capacity shall not exceed the limits specified in Schedule B attached hereto and incorporated herein by reference. Said limits are good faith effort on the part of Telephone Company to inform the customer of known limits for maximum operating capacity of the system as designed and engineered; however, other limitations may exist due to unusual load or operating conditions. d. It is understood and agreed that in the event of a partial discontinuance of service with part of the equipment listed in Schedule A disconnected, the equipment last installed shall be considered to be first disconnected. 5. It is understood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for salt:" equipment prior to the time said equipment is placed in service, the customer shall pay all cost and expense incurred by Telephone Company pursuant to such request or requests. 6. It is understood and agreed that in the event of change of items of equipment described and listed in Schedule A or of location designated for said equipment on an out-of-service basis, the customer shall pay all cost and expense incurred by Telephone Company pursuant to such request or requests. 7. It is understood ; nd agreed that in the event of change of items of equipment described and listed In Schedule A or of location designated for said equipment on an in-service move, the customer shall pay all termination charges of the existing contract and a new contract shall be executed. 8. This contract may not be transferred or assigned to a third party without prior written consent of Telephone Company. - In the event of such transfer or assignment during the term of this contract or Addendum Contracts, customer shall obtain a written assumption bti assignee of all the herein obligation of customer. 9. Customer understands and agrees that the service and facilities furnished hereunder shall be supplied in accordance with and subject to, the rules and regulations of the Telephone Company as contained in its General Exchange Tariff and any change In such tariff which may be made from time to time, and such rules and regulations of Federal, State and/or other Regulatory Body as may be applicable. 10. The provision in Schedule A for Level A monthly payments shall be effective upon commencement of telecommunication service at location designated hereinbelow; the provision in Schedule A for Level A monthly payments shall be effective upon commencement of said Ikele:ommunication service. Page 4 of 6 Contract No. This instrument when executed by customer and accepted by Telephone Compary shall take effect and be binding until terminated in accordance with terms herein or with the lawful rules and regulations of Telephone Company. The ierms and conditions hereof cannot bu waived except by written consent of the Telephone- Company. Initial Contract Period (Level A Period): 36 months Total Single-Payment Option $ N~ Total Level.A monthly price $ 63.00 Total Level B monthly price $ 17.25 Accepted Feb. 16 19 83. At Dentor. Texas City State _ City of Denton Naine of Business 215 E. MoKinne Street Number and Name Denton Texas y or Town and State By Title OE ( LA GENERAL TELEPHONE COMPANY OF THE SOUTHWEST Accepted Fgh. ib_ 19$3_• By Title Onerat;j ana Manager Page 5 of 6 Contract N -,o. SCHEDULE A EFFECTIVE DATE OF APPLICABLE TARIFF June 4 19 82 . RATE QUOTATION AUTHORITY NO. NA (if Applicable) Singie- ' Total Payment Single- Level A Level B Option _Monthly Price Payment Quantity Description Unit Price Unit Price Unit Price Level A Level B Option 1 Regular Loop Line Card per Gn:up of 16 63.00 17.25 63.00 17.25 Stations Billing Telephone Number: Service Order Number: Effective Service Date: Termination of Contract Date: Audited By: Date: Page 6 of 6 Contract No. SCHEDULE B EFFECTIVE DATE OF APPLICABLE TARIFF June 4 19 82 RATE QUOTATION AUTHORITY NO. NA (If Applicable) TOTAL-SYSTEM EXPANDABLE CAPACITIES The equipment specified in this adde=ndum contract will increase your system's station capacity from 256 to 272 station. Alexander Grant 8 COMPANY MEMBER FIRM CERTIFIED PUBLIC ACCOUNTANTS GRANT THORNTON INTERNATIONAL February 15, 1983 Mr. W. H. McNary Firemen's Relief and Retirement Fund Municipal Building Denton, Texas 76201 Dear Mr. McNary: Thank you for meeting with us to discuss the requirements of our forthcoming engagement. We will make an examination of the Statement of Net Assets Available for Plan Benefits of the Firemen's Relief and Retirement Fund, City of Denton, Texas as of December 31, 1983 and the related Statement of Changes in Net Assets Available for Plan Benefits for the year then ended. Our examination will be made in accordance with the generally accepted auditing standards adopted by the American Institute of Certified Public Accountants and will include tests of accounting data and procedures we consider necessary under the circumstances. The objective of our engagement is the completion of an examination of the financial statements referred to above and, upon its completion and subject to its findings, the expression of an opinion on such financial statements. An examination made in accordance with generally accepted auditing standards is subject to certain limitations ana the inherent risk that errors or irregular- ities, if they exist, will not be detected. However, if, during the course of our examination, we become aware of such errors or irreg- ularities, we will bring them to your attention. Should you then wish us to expand our normal auditing procedures, we will be pleased to work with you on developing a separate engagement for that purpose. We expect that our fee for this engagement will be approx- imately $3,100. Our billings for the services set forth in this letter will be rendered for payment on a monthly basis so that you may readily rel^te our charges to the work performed. This engage- ment includes only those services specifically described in this letter. Representation before government or other regulatory bodies will be billed to you separately. 18M ONE DALLAS CENTRE DALLAS. TX 75201 (214) 74801DO Mr. W. H. McNary - 2 - February 15, 1983 If you are in agreement with the terms of this letter, please sign one copy and return it for our files. We appreciate the opportunity to work with you and continue our pleasant association. Very truly ~yours, LAJobe Js Enc. The foregoing letter fully describes the services required and is accepted by us. FIREMEN"S RELIEF AND RETIREMENT FUND CITY OF DENTON, TEXAS Date W. H. McNary fi V ~1 ~ V FEB 1 6 1^a~ OATH OF OFF I_CE CITY OF DENTON BOARD AND COMMISSION is TRUDY FOSTER do solemnly swear {or affirm} that I will faithfully execute the duties of the office of Member of the Human Resources Advisor Committe®f the City of Denton, Texas, and will to the best of my ability preserve,, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersiggned on this the 16th day of _ Februar A.D. 19 83 To c y w xch witness my han an seal oTo~ice. R CITY OF DENTON, TEXAS 0264C tl OATH OF OFF I_CE CITY OF DENTON BOARD AND COMMISSION •I, FRANK DAVILA ~ do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Human Resources Advisor Committee of the City of Denton, Texas, and will to the best of my ability proserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersiggned on this the 16th day of Februar I A.D. 19 83 To certi y w ch witness my an an seal o o ice. CITY'SECR AR CITY OF DENTON, TEXAS 0264C Rl~ \ ,4 I r i s A-96-WARRANTY DEED-With Gwent sad Corpo 8= Adka *Wrm vu MARTIN Statiocerf Co.. Dallas THE STATE OF TEXAS, Know All Alen By These Presents: COUN'T'Y OF------DENT-011 D@61if RECORM 6294 That BOB E. TRIPP and DAVID E. TRIPP, TRUSTEES FOR THE BOB E. TRIPP TRUST NO. 2 of the County of Denton , State of Texas for and in consideration of the sum of --------------------TEN AND N01100 ($10.00)-------------------- DOLLARS, and other good and valuable consideration to them in band paid by the City of Denton, Texas, a Municipal Corporation, the receipt of which is hereby acknowledged, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas, A Municipal Corporation of the County of Denton , State of Texas 3fXI MMX11i All of the following described real property in Denton County, Texas, to wit: 1 ~{pctt All that certain lot, tract or parcel of land lying and being situatid,in the City and County of Denton, State of Texas, and being part of the B.B.E. & C.R.R. Co. survey, Abst. No. 186, and also being part of a tract of land as conveyed to Bob E. Tripp and David E. Tripp, Trustees by deed dated December 29, 1979 and recorded in Volume 996, Page 376 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the most southerly northeast corner of said Tripp tract, same being the southeast corner of Evers Park as described in deed recorded in Volume 596 page 560 of the Deed Records of Denton County, Texas, said point also lying in the west right-of-way line of North Locust (F.M. 2164); THENCE north 88032115° west, along an existing chain link fence for approximately 350 feet and continuing for a total distance of 440 feet to a point for a corner; THENCE north 4001813?" west a distance of 234.47 feet to a point for a corner] THENCE north 0006142" east passing at approximately 123.61 feet a corner post of a chain link fence and continuing along said bearing and fence, passing at 232.37 feet the south right-of-way line of Windsor Drive as described in deed recorded in Volume 1167 page 100 of the Deed Records of Denton County, Texas, passing at .2llk,eet fthe north veo~442 VOL 1196pipE44 right-of-way line of said Windsor Drive €.nd continuing or 9 total distance of 885 feet to a point for a corner, said point lying in the south boundary line of a tract deeded to the Denton Independent School District by deed recorded in Volume 1140, Page 234 of the Deed Records of Denton County, Texas; THENCE north 89059103" east along the south boundary line of said Denton Independent School District T.. t a distance of 1.91 feet to a point for a corner, said point beii,g the southeast corner of said D.I.S.D. tract, said point also lying in the west boundary line of said Evers Park tract; THENCE south 0001130" east along the %e,t boundary of said Evers Park a distance of 751.39 feet to the most noi..herly southwest corner of Evers Park; THENCE south 37031129" east along the southwest boundary lint: of said Evers Park a distance of 390.5 feet to the southerly southwest corner of said Evers Park; THENCE south 87043109" east along the south boundary line of said Evers Park, a distance of 350 feet to the place of beginning and containing 0.65 acres of land more or less. TO HAVZ 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, its successors bdmand assigns forever; and it /doMereby bind itself, its successors ba*2; executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the . said city of Denton, Texas, its successors WjM and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our 4and at Denton, Texas this a7# day of Fobw I t~'~ , A.D. 19 83 Witnesses at Req.iest of Grantor; _ BOB E. TRIPP TRUSTE DO D E: TRIPP, TRC n~-j B e7 V V . 3 3 f N h 09 v p ..7v N d O V ti X . O 'p C, _M tAL 1 w o n{ O V w w N 100 i in QQJ FIP X R NOTE. B~AI W 93/1. r it sa is 204 e - 208.1 l ot 0.853 Aa_~ WINOSOR 4--Z36,90 e' y 208:1' 41 z anti 3.386 AC. (CALL WEST 360.0) , jjfj;4j'09*E 60. n , esRw. ROW MKR N.aa032 9.3"W. F ai W. M S 00e V4TE 32~ womf MIKR vct, ^r ACKNOWLEDGMENT THE STATE OF TEXAS ~ BEFORE DIE, the undersigned authority, COUNTY OF........ IIEAI ON in and for said County, Texas, on this day personally appeared ......Bob E. Tr.... .._Truste,e for the Bob__E.._ .k._c?.,.._............. known to j#, Ythiply ~.',..w'hose name is.... __subscribed to the foregoing instrument, and acknowledged to me that be,._ I.execut thE• rso or the purposes and consideration therein expressed. GIp jj 'IY;II&WANDSEAL OFOFFICE, 'T'his......... ..~.%*7.......yd'ayof~....... . ...........,A.' 19.. 83.. 0 (any ' • t . .•C~~•: L.KL. ...."'"(x _ 0• Notary Public 4.. 4.4As County, Texas A a y My Commission Expiires_.................. .1 19..E • s'" ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF..... DENTOh_............ in and for said County, Texas, on this day personally appeared..... DdVld E. Trip _ r....TY USte6 for the BOb .E.*...XPP._.~ru$.t...No_.....2....._........_......._ ;aiq known ~p a~elf~e t~' whose name ...subscribed to the foregoing instrument, and acknowledged to me that _.._cl;.c:eaee d t~ the purposes and consideration therein expressed. t,Tti' NN AND SEAL OF OFFICE, Th s.........1.7y .day of..._..! _ « A. D. O ` t l ~i ' Notary Public .....1_.....Counly, Texas oaD L1.P~~;~ tI / t u 1 qq ~.•t, My Commission Expires 10. CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF_._......... In and for said County, Texas, on this day personally appeared _ known to me to be the person and officer whose nt.me b subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said... ■ corporation, and that be executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER DIY tiAND AND SEAL OF OFFICE, This ...............__..»_..«day of.-_........... A. D. 19_........... (LS.) Notary Public _ ...._.County, Texas My Commission Expires June 19..__.. THE STATE OF TEXAS, COUNTY OF_..__......»...« County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on _........._........_.««.day of.._...........«.._..._ AD 19__.._..., with its Certificate of Authentication, was filed for record in my office on the___.._._--_day o[~._..»_.....__.__ A.D. !v_._ at........... ...o'clock...__--s f., and was duly recorded this................ day of_« _ _ A.D. 10._ at._- ................._o'clock..._..._.........M., In the Records of said County, in VoI- nme WITNESS my hand and seal of the County Court of said County, at my office in _.._.._«......._......_the d,y and year last above written. 'perk County County, Tens (LS) Deputy. VOl11~P~cF44.4 l+ ° to ~ c y ! E F M O E I !C :w re i i i x j o I ! 3 i ^ i [~l ! H i PC 6 F. s AEA o i ~ Iro > i m ;y o I ° t7 I C '0 iL 9~ ~9 TT IOA , a i I i iro % / 1 y Y ~FI/' ~ nil R E S O L U T I O N WHEREAS, heretofore previously, House Bill 194 has been filed and is currently before the House of Representatives of the State of Texas; and WHEREAS, said legislation has been submitted to the general convention of the Texas Municipal League; and WHEREAS, the Resolutions Committee of the Texas Municipal League unanimously approved said legislation, and the General Assembly of the Texas Municipal League likewise approved said legislation; and WHEREAS, House Bill 194 provides needed flexibility for cities in the State of Texas to assist the property owners and residents in said cities in securing replacement of sanitary sewer laterals when the same becomes necessary because of the relocation and/or replacement of sanitary sewer mains; and WHEREAS, the health, safety and well-being of every person in any city in the state of Texas is dependent upon an efficient system for the transportation of sewage and wastewater products; and WHEREAS, it may be totally impossible for a resident of a city, faced with an expenditure of in excess of $1,000.00, to secure a low-cost loan for the money necessary to accomplish such replacement of a sewer lateral; and WHEREAS the residents of Texas cities are fully protected under the terms of such legislation by reason of their options to withdraw in the event the cost for such work is excessive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City of Denton, Texas does support and urge the passage of House Bill 194 currently pending in the Texas House of Representatives, having been heretofore previously introduced by Representative Brad Wright; and be it further resolved that the City of Denton, Texas calls upon its elected representatives and senators to support said legislation and to secure the passage thereof as promptly as possible; and be it further resolved that the City of Denton, Texas calls upon the Governor of the State of Texas to sign said legislation into law upon the passage thereof. PASSED AND APPROVED this the 15th day of February, 1983. I ARD O STE T, MAY CI OF D NTON, TEXAS ATTEST: "h A, TCHARLOTTE A LE , CITY- SECRETARY CITY r" DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: I A l C-4 I r le, 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 63.89 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 13301 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 the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on December 14, 1982 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on November 30, 1982 upon the property hereinafter described in this annexation ordinance 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 ORDAINSt SECTION I. That the hereinafter described tract of land be, and tha 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 prorata part of the taxes levied by the City. The tract of land hereby Z-1541-ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE ONE annexed is described as follows, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the G. Walker Survey, Abstract No. 1330 and being more particularly described as follows: BEGINNING at the most northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lying in Mayhill Road and in the west boundary line of the G. Walker Survey, Abstract No. 1330, said point also being the southwest corner of a tract of land conveyed to Andrew Corporation by deed dr.ced September 8, 1978 and recorded in Volume 912, Page 804 of the Deed Records of Denton County, Texas; THENCE north 4013144" east along the west boundary line of said survey and in Mayhill Road a distance of 719.12 feet to a point, said point being the northwest corner of a tract conveyed to Andrew Corportion by deed recorded in Volume 912, Page 821, same being the southwest corner of a tract conveyed to Allan Mobile Homes, Inc. by deed recorded in Volume 1161, Page 570 of the Deed Records of Denton County, Texas; THENCE north 2025130" east along the west boundary line of said survey and in Mayhill Road, same being the west boundary line of said Allan Tract, a distance of 1140.8 feet to a point for a corner, said point being the northwest corner of said Allan Tract and the Intersection of Mayhill Road with the centerline of a County Road to the east; THENCE south 88029' east along the north boundary line of said Allen tract, said being the centerline of County Road, a distance of 1489.1 feet to a point for a corner, said point being the northeast corner of said Allen tract; THENCE south 2006' west along the east boundary line of said Allen tract, same being the center of a County Road, a distance of 1154.4 feet to a point for a corner, said point being the southeast corner of said tract; THENCE north 87057130" west olong the south boundary line of said Allen tract a distance of 995.5 feet to a point for a corner; THENCE south 4013144" west a distance of 733.06 feet to a point for a corner, said point lying in the present city limits as established by Ordinance No. 78-38; THENCE north 87048156" west along the present city limits a distance of 64.08 feet to a point; THENCE north 86009' west along the present city limits a distance of 435.6 feet to the place of beginning and containing 47.65 acres of land, more or less. 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. Z-1541-ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE TWO SECTION III. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the 4th day of January, 1983. PASSED AND APPROVED by the City Council on the 15th day of February, 1983. A?L 4 I A STE T, CI Y OF NTON, TEXAS ATTEST: 9&A HAR TT ALLENr CrTY SE ETAR CITY OF DENTONr TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR.r CITY ATTORNEY CITY OF DENTON, TEXAS BY: 2-1541-ALLEN MOBILE HOMES, INC4/ANDREW CORPORATION-PAGE THREE r J PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. w t I Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. rService Plan Annexed Ar6as ' Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impt.-t on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. 3 ~ , ~~N ~ ~ ~ ~ ~ ~ . . ~ ~ w ~ v ,r t'' r. r. rd 1~ ~~Mk' ~ ~ 4Y ! 7 C i q . 11 ~ ~ s"+ t' Y v'N ~f 'r i1~e.'~t +tr `5 yf M ~ °YJ i t ~ `'4'`c t '''Y E ~ r s A. AT}, Y , v~~, •i ✓ t y ~?C~, '"Y" P.~i: ~ ~.1 f~ 3'T'~ ~~f ( 4~:,5 Y~-~~.~'~+.., ~Y' IN THE MATTER OF CITY OF DENTON THE STATE OF-TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in..the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: ordinance annexing a tract of land consisting of approx. 3.420 acres 181 lines $72.40 FEBRUARY 11i 19 3 11 FEBRUARY 83 Subscribed and sworn to before me this day of _ 919 Witness my hand and official seal. Notary Public, Denton County, Texas k IN THE MATTER OF CITY OF DENTON THE STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in..the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: ORDINANCE NO. 83-079 83-081 83-10P 83-11v 83-12 126 lines $100.80 FEBRUARY 10 & /419 1983 ;z!jWvKlv3a 0:; 0000"- - Subscribed and sworn to before me this 11 day of FEBRUARY r 1 19 83 Witness my hand and official seal. Notary Public, Denton County, Texas CZ r~ M m r. 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FROMS jr A► JO INVESTIGATE i REPORT ❑ PER YOUR REQUEST 1.J TAEE APPROPRIATE ACTION ❑ FOR YOUR RECOMMENDATION PREPARE FOR MY SIGNATURE I3 FOR YOUR INFORMATION [3 see ME [1 FILE S READ AND RETURN ❑ REQUEST APPROVED Q FOR YOUR APPROVAL REQUEST DENIED SIGNATURE ATTACH FILE G RETURN comKENTS: 1111.1111161111111 i 1 I N0• AN ORDINANCE AMENDING SECTION 24-62 OF CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; ESTABLISHING DESIGNATED TRUCK ROUTES AND REGULATIONS FOR DEPARTURE THEREFROM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATION THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF' THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Section 24-67 of Chapter 24 "Traffic" of the Code of Ordinances of the City of Denton is hereby amended to read as follows: SECTION 24-67. REGULATION OF VEHICLES WEIGHING OVER 12,000 POUNDS. (a) Definitions The following words and phrases, when used in this Section shall mean as follows: 1. "Vehicle" means every mechanical device, in, upon or by which any person or property may be trans- ported or drawn upon a public highway or street, including motor vhicles, truck-tractors, road- tractors, trailers, serii-trailers, and commercial motor vehicles as those terms are defined by state law regulating registration of vehicles (Vernon's Texas Civil Statutes, Article 6675a-1). 2. "Truck" is any vehicle whose gross body weight or whose combined gross body and load weight exceeds twelve thousand (12,000) pounds. 3. "Gross Body Weight" means the actual weight of the vehicle as registered by the governmental authority which has licensed the vehicle for operation. 4. "Truck Route" is a way over certain streets, as designated herein, over and along which trucks coming into, traveling within and going out of the City must operate. (b) Application of Regulations It shall be unlawful for any person to operate or park a truck over, on, along or upon any city street which is not a designated truck route except in accordance with and for the purposes expressly allowed by this Section. (c) Exceptions to Regulations This ordinance shall not prohibit: 1. origin or Destination. The operator of a truck from departing from a designated truck route for the purpose of: PAGE 1 (a) leaving or reaching a truck terminal; (b) loading or unloading cargo; (c) repair or modification of such truck, or (d) reaching or leaving any place where such truck is used or to be used for the purpose for which it was designed; provided, however, that in departing from a designated truck route the operator of said truck shall use the shortest practical route, which is consistent with the reasonable operation of the vehicle, between the truck route and the point of origin or destination. 2. Emergency Vehicles. The operation of emergency vehicles upon any street in the City. 3. Utilities; Sanitation. The operation of utility or sanitation trucks while engaged in the purpose or business for which the truck is used or designed. 4. Detoured Trucks. The operation of trucks upon any officially established detour in any case where such truck would lawfully be operated upon the street for which such detour is established. 5. Moving Buildings. The operation of trucks used in moving structures or a building where such moving is done pursuant to permit. (d) Multiple Destination Points All trucks entering the City and operating therein which have multiple destination points shall, after leaving the first destination point, proceed to other destination points by the shortest route using streets upon which such truck is permitted. (e) Truck Routes Designated The following truck routes, to be used in accordance with the provisions of this Section are hereby established: 1. Airport Road from Interstate 35E and Interstate 35W to Municipal Airport 2. Bell Avenue from Dallas Drive to Mingo Road 3. Bell Avenue from Win-isor Drive to Sherman Drive 4. Bonnie Brae from U. S. Highway 77 to Santa Fe Railroad Crossing 5. Carroll Boulevard from Sherman Drive to Fort Worth Drive 6. Dallas Drive from Eagle to Interstate 35E 7. Eagle Drive from Interstate 3SE to Dallas Drive ?AGE 2 8. Fort Worth Drive from Eagle to South City Limits Line 9. Interstate 35E from South City Limits Line to Junction of Interstate 35E and Interstate 35W 10. Interstate 35 from North City Limits Line to Junction of Interstate 35E and Interstate 35W 11. Interstate 35W from South City Limits Line to Junction of interstate 35E and interstate 35W 12. Locust Street from Eagle North to North City Limits Line 13. Loop 288 from University Drive to Interstate 35E 14. McKinney Street from Carroll Street to East City Limits Line 15. Shady Oaks from Willow Springs to Woodrow Lane 16. Sherman Drive from Carroll East and North to North City Limits Line 17. Teasley Lane from Dallas Drive to South City Limits Line 18. University Drive from West City Limits Line to East City Limits Line 19. U. S. Highway No. 77 from interstate Highway 35 to Eagle 20. U. S. Highway 377 from South City Limits Line to University Drive 21. Willow Springs Road from Dallas Drive to Shady Oaks 22. Windsor Drive from Bonnie Brae to East End near old Orchard Lane 23. Woodrow Lane from East McKinney to Shady Oaks (f) Signs The City may cause to be posted appropriate signs and markings on designated truck routes. SECTION II. Any person who shall violate a provision of this ordinance, or foils to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($20J.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any PAGE 3 such violations such person shall be punished within the limits above. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the .L_._~ day of 1983. I CITY DENTON, TEXAS GZ~ ATTEST: ULM &K)TTIATALEVNIC-ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON# TEXAS BY: ` T PAGE 4 I ~ ~ ~ ~ ~ ~ . ~ i ~ • , r ' ~i v C\\v \\\\\\~w ,,I ~~s J~ ~ ~ ~ o r ~r. ; t, ..~Y a ~ ~ c .,~~~q~.~s y4 'ml K~ fAr1~ .St• :y3_~ S .~~W~~4 ~a. 1+I ,~i 4, y~~ .1 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 111.72 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE T. MARTIN SURVEY, ABSTRACT NO. 900, AND THE B.B.B. 6 C.R.R. COMPANY SURVEY, ABSTRACT NO. 195, 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 the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on December 140 1982 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on November 30, 1982 upon the property hereinafter described in this annexation ordinance 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 mane 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 ehall be subject to and shall bear its prorate part of the taxes levied by the City. The tract of land hereby Z-1542/COUNTRY CLUB ROAD/F.M, 183C-PAGE ONE annexed is described as follows, to-wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the T. Martin Survey, Abstract No. 900 and the B.B.B. & C.R.R. Company Survey, Abstract No. 196 and being more particularly described as follows: BEGINNING at a point in the present city limits, said point lying in the west right of way line of F.M. 1830, said point also being the northeast corner of the land as described in Annexation Ordinance No. 81-79; THENCE south 89013' west along the present city limits a distance of 1079.6 feet to a point for a corner, same being the intersection of the land as described in Annexation Ordinance No. 60-40 with the land as described in Annexation Ordinance No. 81-79; THENCE northeasterly along the present city limits, an approxi- mate distance of 1989.23 feet to a point for a corner; THENCE east along the present city limits an approximate distance of 2404.22 feet to a point for a corner, same being the northwest,, corner of the land as described in Annexation Ordinance No. 74-6; THENCE south 0007140" west along the present city limits a distance of 1231 feet to a point same being the southwest corner of the land as described in Annexation Ordinance No. 74-6 and the northwest corner of the land as described in Annexation Ordinance No. 79-61; THENCE south 0007143" west along the present city limits an approximate distance of 350 feet to a point for a corner, same being the northeast corner of the land as described in Annexation Ordinance No. 80-12; THENCE south 89034146" west along the present city limits a distance of 2616.76 feet to a point for a corner, said point lying in the east right of way line of F.M. 1830; THENCE south 1019' east along the present city limits and the east right of way line of F.M. 18300 a distance of 40.91 feet; THENCE south 89046135" west a distance of 40 feet to a point for a corner, said point lying in the centerline of F.M. 1830; THENCE south 0054140" east along the centerline of F.M. 1830 an approxiate distance of 355 feet to a point for a corner, same being the easterly northeast corner of the land as described in Annexation Ordinance No. 81-79; THENCE north 89053' west along the present city limits a distance of 40 feet to a point for- a corner; THENCE north 0054140" west along the present city limits a distance of 576.42 feet to the place of beginning and containing 111.72 acres of land, more or less. SECTION 11. The above described property is hereby classified as Agricultural "A" District and shall so appear on the official Z-1S42/COUNTRY CLUB ROAD/F,M. 1830-PAGB TWO zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately k :,.-.n its passage. Introduced before the City Council on the 4th ':y of January, 1983. PASSED AND APPROVED by the City Council on the 15th day of February, 1983. fRIVHARD O STEWA , MAYOR CI OF NTON, TEXAS ATTEST: A10 CLC~.G2t~ CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z-1542-COUNTRY CLUB ROAD/P.M. 1830-PAGE THREE PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plzp Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Ser,~ice;3 (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of *.he city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use cf City of Denton for electric power. Service Plan ' Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately S months after the effective date of annexation. II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of probl3ms compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (S) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. l ~ ~ r ~ • ~'r., ~ •i f ~ . ~ \ ~ ~ i ~ ~ ~ \ ~ w 0 I. . ~p h _ , ~x - r J NO. oo'/ 0 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 121.12 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 1334, 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 the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on December 14, 1982 in the council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on November 30, 1982 upon the property hereinafter described in this annexation ordinance 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 privilegeE. 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 prorata part of the taxes levied by the City. The tract of land hereby Z-1549-EDWARDS-PAGE ONE annexed is described as follows, to-wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, Stati of Texas, and being part of the Gideon Walker Survey, Abstract No. 1330 and more particularly described as follows: BEGINNING at a point in the existing city limits as established by Ordinance 81-94, said point being the southeast corner of a tract of land conveyed to the City of Denton by deed recorded in Volume 899, Page 786 of the Deed Records of Denton County, Texas; THENCE down the middle of Pecan Creek with its meanders the following 9 courses and distances (1) south 86001124" east 413.93 feet; (2) north 74058149" east 80.29 feet; (3) south 68045103" east 41.40 feet; (4) south 9048150" west 82.92 feet; (5) south 10002101" west 74.50 feet; (6) south 240191155' west 55.15 feet; (7) south 4010132" west 62.13 feet; (8) south 7015'34" east 130.39 feet; (9) south 37029125" east 26.28 feet to a point for a corner; THENCE south 4011122" west a distance of 744.55 feet to a point for a corner; THENCE north 87011136" west a distance of 2405.17 feet to a point for a corner; THENCE north 1041108" east a distance of S41.96 feet to a point for a corner; THENCE north 87037154" west a distance of 831.02 feet to a point for a corner; THENCE north 88015'45" west a distance of 792.29 feet to a point for a corner; THENCE north 1009120" east a distance of 1308.77 feet to a point for a corner in an east and west public road; THENCE south 88000130" east with said road a distance of 1144.37 feet to a point for a corner; THENCE south 0056143" west a distance of 122.75 feet to a point for a corner; THENCE south 74005101" east a distance of 2482.54 feet to the place of beginning and containing 121.12 acres of land, more or less. 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 mnended accordingly. SECTION III. This ordinance shall be effective immediately upon its passage. i 2-1549-BDWARAS-PAGE TWO Introduced before the City Council on the 4th day of January, 1983. PASSED AND APPROVED by the City Council on the 15th day of February, 1983. J, 'A j4 I D O STEWA , MAYOR CI Y OF D NTON, TEXAS ATTEST: R T ALLE , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z-1549-EDWARDS-PAGE THREE PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as am-;rd- requires that a plan of service be adopted by the governing body of a :lily prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines 1s extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.0E of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan' Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as !.n the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, cons-cruction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. l[. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed arei~s in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. r Service Plan- ' Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. t ~ • • ~ ~ ~ ~ ~i ~ j ~ o r, `~_z 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 24.605 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 1330, 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 the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on December 14, 1982 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on November 300 1982 upon the property hereinafter described in this annexation ordinance 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, r.nd 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 th,:rein shall be subject to and shall bear its prorate part of the taxes levied by the City. The tract of land hereby Z-1550-CALLAHAN-PAGE ONE annexed is described as follows, to-wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the Gideon Walker Survey, Abstract No. 1330 and more particularly described as follows: BEGINNING at a point in the present city limits as established by Ordinance 81-94, said point being the northwest corner of a tract of land conveyed to the City of Denton by deed recorded In Volume 463, Page 260 of the Deed Records of Denton County, Texas; THENCE north 65045112" west along the present city limits a distance of 96.30 feet to a point for a corner in Pecan Creek; THENCE along the middle of Pecan Creek the following 16 courses and distances; (1) north 71018.35" east 490.74 feet; (2) south 71041'41" east 173.01 feet; (3) south 67048'26" east 297.75 feet; (4) south 49016'23" east 79.11 feet; (S) south 803S'49" east 243.12 feet; (6) south 310491118' east 169,01 feet; (7) south 85055118" east 223.65 feet; (8) south 44019149" east 137.92 feet; (9) south 48006'12" east 242,88 feet; (10) south 42028128" east 89.0 feet; (11) south 6004126" west 108.62 feet; (12) south 25015145" west 70.50 feet; (13) south 51044'51" west 187.94 feet; (14) south 12043127" west 301.18 feet; (15) south 52011'17" west 93,32 feet; (16) south 41041108" west 244.97 feet to a point for a corner in the present city limits; THENCE north 48052143" west along the present city limits a distance of 712.26 feet to a point for a corner, same being the southeast corner of said City of Denton Tract; THENCE north 1054' east along said city tract east boundary line, same being the present city limits, a distance of 980.70 feet to a point for a corner; THENCE north 76006' west along said city tract northeast boundary line same being the present city limits, a distance of 220 feet to a point for a corner; THENCE north 1054' east along the northerly east boundary line of said city tract, same being the present city limits, a distance of 215.0 feet to a point for a corner; THENCE south 67054' west along the northerly boundary line of said city tract, same being the present city limits, a distance of 388.7 feet to the place of beginning and containing 24.605 acres of land, more or less. 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 ordinancA shall be effective immediately upon its passage. Z-1550-CALLAHAN-PAGE TWO • 1 r r • r • , r . 41 Introduced before the City Council on the 4th day of January, 1983. PASSED AND APPROVED by the City Council on the 15th day of February, 1983. i je. -mv ~~l IC ARD ONSTEWAR , YOR CIT OF D TON, TEXAS ATTEST: CHARLOTTE ALLEN, UITY 5EURETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTOUr TEXAS BY: 1 Z-1550-CALLAHAN-PAGE THREE PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS' WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for ;he proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. J Service Plan . Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, Installa- tion of storm drainage facilities, construction of curbs and gutters, anti other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any ins; -~,;tion services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) wi!.1 begin In the annexation area on the effective date of annexation. H. Planning and :oning (1) ThP Planuing and Zoning jurisdiction of the city kill extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Service Plan , Annexed Areas Page three L. Miscellaneous (1) Striet name signs where needed will be installed wi,.hin approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balaiced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. I O 4 V lello . r NO. a~~o(Q AN ORDINANCE CALLING AND ORDERING IN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON APRIL 2, 1983, FOR THE PURPOSE OF ELECTING FOUR COUNCILPERSONS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR PLACES 1, 2, 3 AND 4; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USFJ IN SAID ELECTION; PROVIDING FOR VOTING PLACES AND APPOINTING ELECTION OFFICIALS AND PROVIDING FOR ELECTION SUPPLIES. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Pursuant to the terms and provisions of Section 3.01 of the Charter of the City of Denton, Texas, a municipal election is hereby ordered held in the City of Denton, Texas on the 2nd day of April, 1983, for the purpose of electing four (4) council- persons to the City Council of the City of Denton, Texas, as follows: Place 1 - Councilperson to be elected for a two (2) year term by the qualified voters of Single Member District No. 1 of the City of Denton, Texas. Candid-•-_s for Place No. 1 must reside in Single Membe. G.;trict No. 1. Place 2 - Councilperson to be elected for a two (2) year term by the qualified voters of Single Member District No. 2 of the City of Denton, T-.xas. Candidates for Place No. 2 must reside in Single Member District No. 2. Place 3 - Councilperson to be elected for a two (2) year term by the qualified voters of Single Member District No. 3 of the City of Denton, Texas. Candidates for Place 3 must reside in Single Member District No. 3. Place 4 - Councilperson to be elected for a two (2) year term by the qualified voters of Single Member District No. 4 of the City of Denton, Texas. Candidates for Place No. 4 must reside in Single Member District No. 4. SECTION II. The polls for said election on April 2, 1983 shall be open from 7:00 A.M. to 7:00 P.M., and the election voting places or polling places shall be as follows: 1. Al?. qualified voters residing in Single Member District No. 1 shall vote ats AMERICAN LEGION HALL 629 LAKEY STREET DENTON, TEXAS PAGE ONE 2. All qualified voters residing in Single Member District No. 2 shall vote at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS 3. All qualified voters residing in Single Member District No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. All gl~alified voters residing in Single Member District No. 4 shall vote at: DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS SECTION III. The election officials for said election on April 3, 1982 shall be as follows: 1. (a) Don Pickens shall be the Presiding Judge at the Central Counting Station. (b) Joann Garbacik shall be the Manager of the Central Counting Station. (c) Marilyn Robinson shall be the Tabulation Supervisor at the Central Counting Station. 2. Jo Luker shall be the Presiding Judge at the American Legion Hall in Single Member District No. 1. 3. Mary Jo Pickens shall be the Presiding Judge at the Fire Station No. 4 in Single Member District No. 2. 4. Lee Knnx sticll be the Presiding Judge at the North Lakes .°,ecreation Center in Single Member District No. 3. 5. Mrs. R. S. Escue, Jr. shall be the Presiding Judge at Denia Park Recreation Center in Single Member District No. 4. 6. Charlotte Allen, City Secretary shall conduct absentee voting under the Texas Election Code. The respective Presiding Judge of each voting Place and the Central Counting Station shall be authorized to appoint a sufficient number of Clerks as they may deem necessary to assist them in said election, including bilingual assistants as required by law. PAGE TWO SECTION IV. Absentee voting shall be conducted by the Office of the City secretary iir the municipal building on East McKinney Street in the City of Denton, Texas, and the polls for absentee voting shall be open for voting in person between the hour of 8:00 A.M. and 5:00 P.M. Monday through Friday during the times allowed for absentee voting. SECTION V. The City Secretary is hereby authorized to prepare the official ballot for said elect-on and perform each and every act required by the Charter and laws of the State of Texas for holding elections. SECTION VI. It is further ordered that the punch card electronic voting system adopted by Denton County be used in said election in accordance with the term and provisions of Article 7.15 of the Texas Election Code. The punch card electircnic voting system shall be used for absentee voting in person and by mail. PASSED AND APPROVED this the 15th day of February, 1983. I RD O. TEWAR , MAYOR CI OF DEN ON, TEXAS ATTEST: HARLOT' ALLEN, CITY E RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: At\ 1. L PACE THREE 1 r_ , ~ ~ ~ ~1 V, ~ . ~ ~ N h ~ P ~ 1 I ~ ~ ~ ~ ~ ~ ~P ~ w ~ 5 '1, .r ri tw, ~'L,i. ! ~4~ :'i _ r>'.. r ~ Yf 6`A.1 r i h t Z y'yP 1 l % O' Kit w I 7¢ t R NO. AN ORDINANCE AMENDING ORDINANCE NO. 82-82 TO RESCIND THE NO PARKING ON THE NORTH SIDE OF CsiAMBERS STREET FROM ITS INTER- SECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH CLIFTON STREET; PROVIDING NO PAF.KING ON THE SOUTH SIDE OF CHAMBERS STREET FROM ITS INTERSECTION WITH DALLAS DRIVE TO ITS INTdR- SE:TiON WITH CLIFTON STREET; AND PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF CLIFTON STREET FROM ITS INTER- SECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH CHARBERS STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Section I of Ordinance No. 82-82 is hereby amended to read as follows: When signs are erected giving notice thereof, no person shall park a vehicle at any time upon the fcllowing street in the City of Denton to-wit: The south side of Chambers Street from its inter- section with Dallas Drive to its intersection with Clifton Street. The west side of Clifton Street from its inter- section with Dallas Drive to its intersection with Chambers Street. SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necessary to stop a vehicle to avoid conflict with otber traffic or in compliance with the direction of a police officer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof PAGE, ONE to any person or circumstance is held invalid by any court of competent jurisdiction, such holding sli,all not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 15th day of February, 1983. i I HARD 0. TEWA , MAYOR CI Y Y OF DE TON, TEXAS ATTEST: CRARLOTT ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPRCVEO AS TO LEGAL FORM: C. v. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY$ PAGE TWO ilk "IN N M1~J 4 C ~ 1J h r r, . i 1 ~ ~~k~xL^_ f. w_ t ~ "a ~*s'~..4 Sf~P=tF~ ~ 5w#`-caw>~„ ~ t' q'r,~l3J .•y'., t c k .3 262L , NO. d~ Q AN ORDINANCE REPEALING ARTICLE V OF CHAPTER 12 ("WEEDS ON PRIVATE PREMISES") OF THE CODE OF ORDINANCES OF THE CITY OF DENTON AND ENACTING A NEW ARTICLE V REGULATING THE HEIGHT OF, AND REQUIRING THE CUTTING OF CERTAIN WEEDS, GRASS AND UNCULTIVATED VEGETATION; PROVIDING FOR NOTICE OF VIOLATIONS, ABATEMENT BY THE CITY, ASSESSMENT OF AN ADMINISTRATIVE FEE AND COLLECTION OF COSTS; PROVIDING FOR A LIEN FOR DELINQUENT COST, INTEREST THEREON AND FORECLOSURE THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS THEREOF; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Code of Ordinances of the City of Denton, Texas is hereby amended by repealing i.: its entirety Article V of Chapter 12 of said Code and enacting a new Article V of Chapter 12 which shall hereafter read as follows: ARTICLE. V. GRASS AND WEEDS Section 12-26. Height limitations on certain weeds, grass and uncultivated vegetation. A. It shall be unlawful for any person, firm, corporation, partnership, association, owner, agent, lessee, occupant or anyone having control or supervision of any lot, tract, or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to suffer or permit grass or weeds or other vegetation, except agricultural crops, trees, shrubs, flowers or other decorative or ornamental plants under cultivation, to grow on an average to a greater height then twelve inches (12") upon said premises, or to leave such weeds or grass upon any premises after the same have been cut. B. With respect to lots, tracts or parcels of land of two or more acres under single ownership, the provisions of this section shall not be applicable to the area in excess of one hundred feet (100') from any open public street or way, or to the area in excess of one hundred feet (100') from any adjacent PAGE 1 property under different ownership on which habitable dwellings are lc,ated. C. The provisions of this Article shall be applicable to all railroad rights-of-way within the City. D. It shall be the duty of any person, firm, corporation, partnership, association, owner, agent, lessee, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to cut, or cause to be cut, and remove, or cause to be removed, if necessary, to comply with _his section, all such grass, weeds, and/or other vegetation as often as may be necessary to comply with the provisions of this section. Section 12-27. Notice to owner of Violations; Abatement by City; Collection of Costs. In the event that the owner of any lot, tract or parcel of land or portions thereof shall fail or refuse to comply with Section 12-26, then the City Manager or his designee shall notify such owner by letter addressed to him ac his post office address, or by publication as many as two (2) times within ten (10) consecutive days, if personal service may not be had as aforesaid or if the owner's address be not known, and at t%e expiration of ten (10) days after notification as provided herein, the City may enter upon such premises and may do such work as necessary, or cause the same to be done, in order that the premises may comply with the requiremento of this Article. A statement of the cost incurred by the City to abate ouch condition shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. Such cost shall include an administrative fee of ThirLy-Five Dollars ($35.00), in addition to the actual cost of cutting or removing such vegetation. In the event that said statement has not been paid within such period, the City Mrnhger or his designee may file a statement with the County PAGE 2 Cierk of the expenses incurred to abate such condition on said premises, and the City shall have a privileged lien on any lot, tract or parcel of land upon which such expense is incurred second only to tax liens and liens for street improvements, together with ten (10%) percent on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the City and the statement so made, as aforesaid or a certified copy thereof shall be prima facie proof of the amount expended in any such work performed by the City. Section 12-28 to 12-30. Reserved. SECTION II. That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not less than Ten Dollars (t,10.00) nor exceeding Two Hundred Dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This plenalty is in addition to and cumulative of, any other remedies as may be available at law and equity. SECTION III. All ordinances or parts of ordinances ir force when the provisions of 0,1s ordinance become effective which are inconsistent or in conflict with the terms or provisions :.-ontained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares tt PAGE 3 would have enacted such remaining portions despite any such invalidity. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 19r / f/ 4CITYNTON, TEXAS - ,AoV ~ ATTEST: 049 ~,D,~ CHARLOTTE ALLEN, CI SECRETARY Cl•rr OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 4 I ~ Tv- ~ ~ ro t C, p NO. AN ORDINANCE AMENDING ARTICLE. III OF CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY PROVIDING FOR THE ISSUANCE OF WRITTEN CITATIONS TO PERSONS IN VIOLATION OF HEALTH LAWS; MAKING IT UNLAWFUL TO GIVE THE ISSUING OFFICER A FALSE NAME OR TO FAIL TO APPEAR IN ACCORDANCE WITH THE TERMS OF THE CITATION; PROVIDING FOR A MAXIMUM FINE OF TWO HUNDRED DOLLARS FOR VIOLATIONS HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXASr HEREBY ORDAINS: SECTION I. That Article III of Chapter 11 of the Code of Ordinances of the City of Denton, Texas, be amended to provide for a new Section 11-42 which shall hereafter read as follows: "Section 11-42. ENFORCEMENT (1) The Director of the City-County Health Department or any of his designated employees, hereinafter each referred to as a "health officer", shall have the responsibility and power to enforce the provisions of this chapter within the confines of the City of Denton, Texas. (2) Whenever a heals-i officer determines that there has been a violation by any person of this Chapter or of a state law for which said officer has the responsibility or authority to enforce, said health officer may prepare a written notice for said person to appear in court. Such notice shall contain the name of the person, the violations committed by such person and the time and place when, and where such person shall appear in court. Such notice shall have a place for such person to give his written signature promising to appear in accordance with its terms. 3. It snall be unlawful for aciy person giving his written promise to appear in court, by signing the written notice prepared by the health officer, to fail to appear in accordance with its terms. 44 It shall bp unlawful for any person to knowingly give the health officer a false name when such officer requests the name of said person for purposes of enforcing the provisions of the Chapter." SECTION II. Section 11-43 through Section 11-44 Reserved. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements PAGE 1 t. thereof, shall be guilty of a misdemeanor punishable by a fine not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00). Each such person shall t)~ deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any cour. of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cau.7,e the caption of this ordinance to bs 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. day of 1983. PASSED AND APPROVED this the a C1•TY F DENTON," TEXAS A A , 1% ) ATTESTt HX1UZVffl ALLEN, CITY &MA-24 TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C, J. TAYLORt JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 300L j~ PAGE 2 L • 1r'~ N IX3 V J 1 1 i N k3 fk r + NO. O 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 APPROXIMATELY 8.956 ACRES OF LAND OUT OF THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the following described property, to-wit: All that certain 9.101 acre tract, or parcel of I•ind situated in the Alexander Hill Survey, Abstract No. 623, Cit: and County of Denton, Texas, said tract being the remainder of tract called 11 3/4 acres in deed from T. F. Burge to H. F. Hancock as recorded in Volume 170, Page 351 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northwest corner of this, at the northwest corner of said 11 3/4 acre Hancock Tract on the west line of the aforementioned Hill Survey, a steel rod set in Bernard Street; THENCE south 89039' east at 19.9 feet a crosstie corner post, overall 600.0 feet with fence to steel rod set at the northeast corner of said Hancock Tract; THENCE south 696.65 feet with the general course of old fence line to a steel rod set 30 feet northerly of the occupied center line of Lindsey Street; THENCE south 87035' west 600.52 feet with the north line of Lindsey Street to its intersection with the west line of the aforementioned 11 3/4 acre Hancock Tract; THENCZ north 408.7 feet with the west line of said Hancock Tre,ct to the point of intersection with the south line of tract described in deed from H. F. Hancock, et ux to Herbert Hancock, Jr., et ux as recorded in Volume 352, Page 446 of the Deed Records of Denton County, Texas; THENCE north 88019' east at 12 feet the start of retaining wall and fence, overall 162.18 feet to three inch pipe post for the southeast corner of said Herbert Hancock, Jr. Tract; THENCE north 0047' west at 74.25 feet fence corner, overall, 75.0 feet to the northeast corner of said Herbert Hancock, Jr. Tract; THENCE south 88019' west 161.15 feet parallel to fence on south side of said Herbert Hancock Tract to the west line of aforementioned 11 3/4 acre tract; THENCE north 211.7 feet (call 210.0 feet) to the place of beginning there being 0.145 acres in Bernard Street as it is presently occupied leaving a net acreage of 8.956 acres of land. Z-1555/JOE BELEW/PAGE ONE is hereby changed from Single Family "SF-7" District Classifi- cation Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following condition: 1. Apartments as specified and according to the layout of the site plan dated January 3, 1983 as drawn by Robert E. Horn & Associates with the addition of a six (61) foot wooden fence erected along the northern and eastern perimeters of the property prior to issuance of a certificate of occupancy. 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 Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of February, 1983. ~~-T. . ATTEST: a /2A- CHARLOTTE AL EN, CITY SECRETARY CYTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: C i_~2' Z-1555/JOE SELEW/PAGE TWO 324L 0 oD O O. p .p m p p 0 0. m m • V • I • • ! • • V tl • • f • • , • • I IT! i III; I+ili!I !Il I ~`~--'"b il!Ifillf!EI1' ;fi!t!!I+ f'111~'Illlll !II ill ! a a ! I,.. c,;,,!I !i . F I I ° !!I ill! +Ili'Ilill~,ll1 I ~ ■ 1 r Y i~ _ r ~ ) wimm man ~11~ 1111 aT~ -Ai rz~ f r 4 F. Y i 4~- ,-~y~„ /f''~ ..1 e v~.JF y>,~ 'Y: ♦ i}'v`~ 4-'t ~ t f fwp.~ 11~ ~ 1.~ ~c rl,~ I t t No. 83-20 ORDENANLA LLAMANDO Y ORDENANDO UNA ELECCION QUE DEBERA LLEVARSE A CABO EN LA CIUDAD DE DENTON, TEXAS, EL DIA 2 DE ABRIL DE 1983, CON EL PROPdSITO DE ELEGIR A CUATRO MIEMBROS, PARA LL CONCILIO DE LA CIUDAD DE DENTON, TEXAS, PARA OCUPAR LOS PUESTOS 1, 2, 3 y 4; ORDENANDU Q'JE SE UTILICE EN DICHA ELECCION EL SISTEMA ELECTRONICO DE TARJETAS PERFORADAS PARA VOTACIdN: ESPECIFICANDU LOS LUGARES PA", LAS CASILLAS PARA VOTAR; NOMINANDO LOS FUNCIONARIOS A CARGO DE LA ELECCIQN, Y FACILITANDO LOS MATERIALES NECESARIOS PARA DICHA ELECCION. EL CONCILIO DE LA CIUDAD DE DENTON, TEXAS, MEDIANTE LA PRESENTE, ORDENA: SECCI6N I. De acuerdo a las condicic-nes y estipulaciones de la Seccion 33.01 de le Carta Constitucional de la Ciudad de Denton, Texas, y por medio de la presente, se ordena que se lleve a Cabo una eleccion municipal en la Ciudad de .Denton, Texas, el dia 2 de abril de 1983, con el proposito de elegir a cuatro (4) miembros para el Concilio de la Ciudad de Denton, Texas, que deberan satisfacer los siguientes requisitos: Puesto 1 - Miembro del Concilio que debers ser elegido por un periodo de dos (2) anos por los electores cualificados del Distrito Particular Num. 1 de la Ciudad de Denton, Texas. Candidatos para el Puesto Num. 1 deberan de residir en el Distrito Particular Num 1. Puesto 2 - Miembro del Concilio que debers ser elegido por un perfodo de dos (2) anos por los electores cualificados del Distrito Particular NL:m. 2 de la Ciudad de Denton, Texas. Candidatos para el Puesto Num. 2 deberan de residir en el Distrito Particular Num 2. Puesto 3 - Miembro del Concilio que debers ser elegido por un periodo de dos (2) anos ,por los electores cualificados del Distrito Particular Num. 3 de la Ciudad de Denton, Texas. Candidatos para el Puesto Num. 3 deberan de residir en el Distrito Particular Num 3. Puesto 4 - Miembro del Concilio que debers ser elegido por un perfodo de dos (2) anos por los electores cualificados del Distrito Particular Num. 4 de la Ciudad de Denton, Texas. Candidatos para el Puesto Num. 4 deberan de residir en el Distrito Particular Num. 4. SECCIUN II. Las casillas de votacion para dicha eleccion el dia 2 abril de 1983, deberan permanecer abiertas desde las 7:00 a.m. hasta las 7:00 p.m., y las casillas de votacion o las urnas electorales deberan seguir las siguientes especificaciones: 1. Todos los electores autorizados Para votar en esta Ciudad que residan en el Distrito Particular No. 1 deberan votar en: AMERICAN LEGION HALL 629 WEY STREET DENTON, TEXAS 2. Todos los electores autorizados para votar en esta ciudad que residan en el Distrito Particular No. 2 deberan votar en: FIRE STATION NO. 4 2110 SHER14AN DRIVE DENTON, TEXAS 3. Todos los electores autorizados para votar en esta ciudad que residan en el Distrito Particular No. 3 deberan votar en: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. Todos los electores autorizados para votar en esta ciudad que residan en el Distrito Particular No. 4 deberan votar en: DENIA RECREATION CENTER 1001 PARVIN STREET DENTON, TEXAS SECCION 111. Los funcionarios a cargo de dicha eleccion el dia 2 de abril de 1483 deberan ser los siguientes: 1. (a) Don Pickens sera el Juez a Cargo del Puesto Central para Computo de Votos. (b) Joann Garbacik sera Administradora del Puesto Central para Computo de Votos. (c) Marilyn Robinson sera la Supervisora de Tabulacidn de Votos del Puesto Central pare Computo de Votos. 2. Jo Luker sera el Juez a Cargo de la Casilla de Votacidn localizada en el edificio de American Legion Hall en el Distrito Particular No. 1. 3. Mary Jo Pickens sera el Juez a Cargo de la Casilla de Votacidn localizada en Fire Station No. 4 (Estacidn de Bomberos Num. 4) en el Distrito Particular No. 2. 4. Lee Knox sera el Juez a Cargs ae la Casilla de Votacidn localizada en Centro de Recreacidn de North Lakes en el Distrit. 'articular No. 3. 5. La Sra R. B. Escue, Jr., sera el Juez a Cargo de la Casilla de Votacidn localizada en el Centro de Recreacidn Del Parque Denia en al Distrito Particular No. 4. 6. Charlotte Allen, Secretaria de la Ciudad conductra las Votaciones por Ausencia estipuladas bajo el Cddigo Electoral de Texas. Los respectivos Jueces a Cargo de cada Casilla de Votacidn y del Puesto Central para Computo de Votos estaren autorizados pare designar un ndmero suf•lciente de Dependientes que ellos consideren neceiiario pars ayudarles en dicha eleccidn, incluyendo ayudantes bilingUes Como to requiere la ley. SECCI6N IV. Votacion por Ausencia se llevara a cabo en la oficina de la Secretaria de la Ciudad en el Edificio Municipal localizado en la ca}le de East McKinney en la Ciudad de Denton, Texas; y las urnas para votac16n por ausencia deberan permanecer abiertas para votar en persona desde las 8:00 a.m. haste las 5:00 p.m., de lunes a viernes, durante las bores asignadas para voter por ausencia. SECCIUN V. La Secretaria de la Ciudad, mediante la presente, esta autorizada para preparar la Cedula de Votac16n para dicha eleccion, y para ejecutar todas y cada una de las tareas requeridas por la Carta Constitutional de la Ciudad de Denton, Texas, y por las leyes del Estado de Texas referentes a la manera de llevar a cabo las elecciones. SECCIUN VI. Se ordena tambien que el Sistema Electr6nico de Tarjetas Perforadas para Votacion que ha sido adoptado por el Condado de Denton, sea utilizado en dicha eleccion, de acuerdo con los terminos y estipulaciones del wrti'culo 7.15 del Cddigo Electoral de Texas. El Sistema Electrdnico de Tarjetas Perforadas para Votacion debera ser utilizado tambien para Votacion por Ausencia, tanto en persona Como por correo. PASADO Y APROBADO el dia 15 febrero de 1983. ;;;o 1 -1 r - ;~^wRw RICHARD U. T ALCALDE CIUDAD DE DENTON, TEXAS TEST GU lm~ ze~ L CIUDAD DE DENTON, TEXAS 07200 c~ o r IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF-TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: ORDINANCE NO. 83-21 35 lines $28 February 23 do 24, 1983 Subscribed and sworn to before me this 24 FEBRUARY 83 day of ~ Iy Witness my hand and official seal. Notary Public, Denton County, Texas HERE PASTE THE NOTICE BY Fill, NII. PUBLICATION C17 FROM PAPER IN THE MATTER OFTifE PVB CNOTICES u r1 ~ AN OROINANCE'AMEN DING ORDINANCE NO. IBr lr TO RESCIND THE NO PARKING ON THE NORTH SIDE OFCHAMBERS STREET FRAM 'ITS IN TER SECTI IN WITH DALLAS DRIVE TO ITS INTERSECTION WITH AFFIDAVIT OF PUBLISHER TO CLIFTON ;PRO OH VIDING NO PARKING + PUBLICATION OF LEGAL NOTICE THE SOUTH -SIDE OF CHAMBERS STREET FROM ITS INTERSECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH Filed the day CLIFTON STREET; ' AND ' PROHIBITING T'HE PARKING OF VEHICLES ' 19 ON THE WEST SIDE' OF CLIFTON STREET FROM ..ITS INTER SECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH - CHAMBE'RS STREET; P R 0 VA O 1 N7G A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT, TO EXCEED TWO. ,HUNDREO W'.LARS;ANO DECLARING AN'EF (:ECTIVE DATE OF MARCH I, INi' FEBRUARYr1Lil.191J\' Drpyly THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S This Agreement, made and entered into this 1st day of February, 1983, by and between the City of Denton, Texas, a Municipal Corporation hereinafter referred to as "City", and North Texas State University, hereinafter referred to as "NTSU". WITNESSETH: WHEREAS, NTSU is desirous of using Roberts Field in Mack Park, a City of Denton public park for the purpose of playing baseball games by their baseball team, and also using the field for practices; and WHEREAS, the City is willing to grant such privilege and right to NTSU upon the terms and conditions hereinafter stated to be kept and performed. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter stated to be kept and performed by and between the parties hereto, it is hereby agreed by and between the parties as follows: 1. City hereby grants unto NTSU the right and privilege of using Roberts Field in Mack Park, a public park within the City of Denton, for the use of their base- ball team for the purposes of practicing baseball and playing baseball games, commencing on February 10 1983 and terminating on May 3, 1983. 2. That NTSU will pay the sum of $25.00 per home game date as shown on the attached Exhibit "A". Presently, there are 14 home dates, but games may be added or deleted during the course of the season. 3. In addition, NTSU may use Roberts Field between the hours of 2:30 P.M. and 5:00 P.M., Monday through Friday, on those days they are not scheduled to play baseball games, either home or away. 4. City agrees to do the dragging, mowing, watering, and dirt work on Roberts Field and furnish a dry line marker. NTSU will do the raking and lining of the field before each game and will water the mound and home plate area after each practice and game. 5. To the extent allowed by state law, NTSU will be responsible for crowd cc;,trol, conduct of the teams, and will turn off the lights after each game. NYS4 BASEBALL CONTRACT-PAGE ONE e 6. NTSU will bus the playing field and the immediate areas (dugouts, bullpens, bleachers) of all trash and debris left after the game. This does not pertain to practice sessions. 7. In case of inclement weather, the City will make the decision regarding the playability of the field as early as possible on the day of the game. All rescheduling of rain outs must be approved by the city. 8. Necessary heavy maintenance time by the City will take priority over NTSU practice time. All daily maintenance will be completed by the City before 2:30 P.M. Mondays through Fridays. 9. NTSU promises and agrees to carry on their operations regarding the use of Robert's Field in accordance with the laws of the United States and the State of Texas and all rules, regulations, and ordinances now in force and effect or hereinafter promulgated or enacted by the Council of the City of Denton, Texas. 10. NTSU may operate a concession operation with approval of the Parks and Recreation Department during games only. Approval can be secured from the Director after a fee is negotiated for its operation. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. CIT OF py-n ON, TEXA NORTH TEXAS STATE UNIVERSITY r /v7 BY: LBY: .v C R S T N CITY MANAGER ATTEST! UARLOT ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DBNTON, TEXAS BY: NTSU BASEBALL CONTRACT-PAGE TWO C CN) . F 1 • Yrdi h `'Ft x. a.;ja S`•.;v )`°y '!'~.'r v .~R`b¢ 1S 't..~.;. '14$, •!i•7' i,J*'♦ Is. CERTIFICATE FOR ORDI W4CE DIRWMIG THE ISSUANCE OF NOTICE OF SAL.. OF DU G3 nM STATE OF TEXAS : COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in RDGUTAR lTETING ON THE 15TH DAY OF FFARUARYF 1983, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Charlotte Allen, City Secretary Richard 0. Stewart, Mayor Dr. A. Ray Stephens Mark Chew Jack Barton Jim Riddlesperger Charles Hopkins Joe Alford and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereuz among other business, the offing was transacted at said Meeting: a written ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS was duly introduced for the consideration of said City Council and duly read. It was then duly roved and seconded that said Ordinance be passed; and, after due discussion, said :ration, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All norbers of said City Council sham present above voted "Aye". WES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Yeeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and mernbers of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following oopy of said Ordinance for all purposes. SIGNED AND SEALED the 15th day of February, 1983. ecretary yor (SEAL.)- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid. City Attorney Bond Attorneys- M ORDINANCE NO. 83 - ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COU11TY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA..VS: 1. That the City Secretary ?s directed to issue a Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF SAFE CITY OF DENTON, TEXAS $4,742,000 GENERAL OBLIGATION BONDS, SERIES 1983 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the :4unicipal Building, 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., Tuesday, March 22, 1983 for the purchase of: $4,742,000 General Obligation Bonds, to be dated March 15, 1983, and to mature serially March 15 each year 1984 through 2003. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of sale. All sealed bids will be publicly opened and tabu- lated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about March 4, 1983, and will be furnished to any prospective bidder upon request, by First Southwest Company, 800 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. CHARLOTTE ALLEN City Secretary City of Denton, Texas. 2. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in th% "Denton Record-Chronicle", which has been desigi.tted as the official newspaper of the City of Denton. Said publica- tions shall be made at least thirty days prior to the day set for receiving bids. OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $4,742,000 GENERAL OBLIGATION BONDS, SERIES 1983 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building, 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., Tuesday, March 22, 1983 for the purchase of: $4,742,000 General Obligation Bonds, to be dated March 15, 1983, and to mature serially March 15 each year 1984 through 2003. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submz.tt_d on the "Official Bid Form" to be made available by the City Council prior the date of sale. All sealed bids will be publicly oL•=-ned and tabu- lated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about March 4, 1983, and will be furnished to any prospective bidder upon request, by First Southwest Company, 800 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. ,dy order of the City Council of the City of Denton, Texas. CHARLOTTE ALLEN City Secretary City of Denton, Texas. i ~ ~ ~ ~ 4'[ ~ ~ ~ ~ ~ ~ o ~ ~ ~ . ~ ~ w' T0. Y~i FROM: qcSING DEPARTMENT PLEASE MAKE ❑ RECEIVING REPORT ❑ ISSUE CONFIRMING PURCHASE REQUEST ❑ RETURN ATTACHED II INVOICE WITH ABOVE COMMENTS: a • 1 1 I I' 1 I 1 1 I 1 T 11 A 1 1 I' I I'I 1 1 I I NAME AND ADDRESS Or AGENCY WALLACE & SKILES ~ COMPANIES AFFORDING COVERAGES P. 0. BOX 190569 w DALLAS, TEXAS 75219 f LEETTER Ii Charter Oak Fire Insurance Co. COMPANY LEnER United States Fire Insurance Co. NAME AND ADDRESS OF INSURED R.J. De11EE:i & SON, INC. LETTER C P. 0. BOX 36199 COMPANY D DALLAS, TEXAS -,5235 LETTER COMPANY E LETTER E This Is to certify that policies of insurance listed below havA been issued to the insured named above and are in fOrck It this time. Notwithstanding any requirement, term or condition of any Contract or other doc'iment with respect to which this cent, icat.. may be issued or may Per'ain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies , COMPANY Poucr Limits of a Illt in T ousan s LETKI TYPE OF INSURANCE POLICY NUMBER EXPIRATION LATE EACH AGGREGATE _ OCCURRENCE GENERAL LfABILITY A ®COMPREHENSIVE IORM QDAf921E180583 2-25-84 Rnnn Y INJURY E 500 s 500 PREMISES--0P RATIONS 'PO(ERTY DAMAGE S lUO s LOO © EXPLOSION AND COLLAPSE HAZARD © UNDERGROUND HAZARD PRODUCTS,COMPLETED OPERATIONS HAZARD BODILY yIJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE s S ® BROAD FORM PROPERTY COMJINEO DAMAGE INDEPENDENT CONTRACtOPS PERSO'' AL I"NY PERSONAL INJURY s 500 AUTOMOBILE LIABILITY DOOILY INJURY A ® 2-25-84 BODBODILY ER COMPREHENSIVE FORM 50NSA921E18I783 BODILY INJURY .5 r®r~~ OWNED (EACH ACCIDENT) U JURY s LEI HIRED PROPERTY DAMAGE s ® NON-0WNCD GODLY INJURY AND PROPERTY DAMAGE s tOMBI NE D EXCESS LIABILITY BODILY INJURY AND UMBRELLA TORN 523157722 2-25-84 PROPERTY DAMAGE s 5,000 s 5,000 ❑ 0I THAN UMBRELLA COMBINED 1 )RYA WORT ERS'COMPENSATION STATUTORY A and D540UB699E574383 2-25-84 x100 EMPLOYERS LIABILITY rr„K ,MN„ OTHER DESCRIPTION OF OPERATIONS 0CATAONS'YLHICLES To furnish and install air chute system City of Denton Denton, Texas DeWees #1090003 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail -44_ 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 the company. NAME AND ADDRESS or CERTIFICATE HOLDER . OAT[ KSUCO February 10, 1983 City of Denton Purchasing Department WA 6 SKIL 215 E. McKinney Denton, Texas 76201 VT RESENTATVE By: David M. Snet IACORO as (1.79) T(\~V W d !rl L ` ~nL'.~i to ~ :y I 'QI C- N ON, TEXAS aEPA;hvEcr of vmmE U wwwrA& F4IOM4 • WrOK MAI WDI Tft VMO~f Ui)I •SM~ 7P TO: Charlotte Allen, City Secretary FROM: Ci.,idy Gresham, Secretary, Utility Administration DATE: February 4, 1933 RE: Standard Form of Agreement Between Owner and Architect Piease file the attached copies of "Standard Form of Agreement Between Owner and Architect" in the official City records. Regards, Cindy Gresham Secretary Utility Administration /cg Attachments cc: File F ~+FT'T~1 • THE AMERICAN INSTITUTE OF ARCHITECTS FED i s 39'x3 AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION a THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGEO WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the 4th day of February in the year of Nineteen Hundred and Eighty Three BETWEEN the Owner: City of Denton and the Architect: The Architectural Collective, Inc. For the following Project: (Include detailed description of Project location and scope.) Airport Substation Control Building The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1414, /951, 1957, 195a, 7%T, 1%1, 1966, 1%7, 19b, 197a, p 19'7 by The American Institute C Architect, 1715 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material heron op substantial quotation of its provisior, without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution, A1A DOCUMENT 1111 a OWNEbARCHITECT AGREEMENT is THIRTEENTH EDITION a WILY 1977 a AIA9 a Z 1977 THE AMERICAN 114STITUTE OF ARCHITECTS, 171S NEW YORK AVENUE, NW. SSASHINGTON. D.C. 20006 8141-1977 1 L TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3,4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ir,g jurisdiction over the Project. engineering services and any other services included 1,4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1,4,1 The Architect, following the Owner's approval of 1,1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1,1.1 The Architect shall review the program furnished of Probable Cons ruction Cost, shall assist the Owner in by the Ownerto ascertain the requirenlr~nts of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for Construction. with the Owner. 1,5 CONSTRUCTION PHASE-ADMINISTRATION 1,1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1,5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.21. thn Architect's obligation to provide Basic Services under 1,1.3 The Architect shall review with the Owner aherna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schcmatic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1,S The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, vclume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1,2,1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect, The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of t:.e Owner Documents consisting cf drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, mate.~ats and such other elements as may be appropriate 1,5.4 The Architect shalt visit the site at intervals ap- . propriate to the stage of construction or as otherwise 1,2,2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost, familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work, On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by lions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepaia- 1.5.5 The Architect shall not have control or charge of lion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precactions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or emissions of the Contractor, Sub- AIA DOCUMENT 6141 • O$V%EK-ARCHITECT AGREEMENT • THIRTEENTH'OITION • WtY 1977 r AIM r m 1977 THE AMERICAN INSTITUTE Or ARCHITECTS, VJS NEW YORK AYENU, NW. %%ASHINGTON, D.C. 2000E 8141-1977 3 1 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, rr for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- 1.5.7 The Architect shall determine the amounts owing stalled or cor,.pleted. to the Contractor based on observations at the site and on 1.5.13 The Architect shall review and approve or take evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shalt issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the &5;-n concept of the Work and with the information g n in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Applicdtion for Payment, that the Work 1,5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge, information and belief, the qua!- ity of the Work is in accordance with the Contract Docu- the Contract Documents; and shall lave authority to order menu (subject to an evaluation of the Work for con- minor changes in the Work not involving an adjustment in the Contract formance with the Contract Documents upon Substantial which Sum or n extension t the Contract Time Completion, to the results of any subsequent tests re- are not inconsistent with . the intent of the Contract qui red by or performed under the Contract Documents, Documents. to minor deviations from the Contract Documents cor- 1,5.15 The Architect shall conduct iuspect:ons to deter- rectable prior to completion, and to any specific qualifica. mine the Dates of Substantial Completion and final com- tions stated in the Cirtificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to asci.oain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- T.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quiremenis of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec. 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described i.1 cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsV 1i ties at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.S.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shat' be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibi:ities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Represent; tives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in good sentatives, the Architect shat: endeavor to provide further fait:- in such capacity, protection for the Owner against defects and deficiencies 1,S,11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1,7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are nut included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall ment and in the Contract Documents. be provided if authorized or confirmed in writing b-,- 1.5.12 The Arc'dlecl shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to thr.. Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. ~1~1.1l77 AJA DOCUMENT 1141 • 055'NER-ARCHITECT AGREEMENT I THIRTEENTH EDITION I ILRY 1977 • AIAR . D 147 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., %%ASHINGTON, D C 2M)b 1 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project, connection with the replacement of such Wcrk. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance ro.Ymental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project, showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con. structed during the Construction Phase. 1,7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nish M by the owner. 1.7.19 Providing services after issuance to the owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing cenrdination of Work perforr.led by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1,7,21 Providing services of consultants for other than 1.7.8 Providing services in connection with the worl: of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnishec: in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.81 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser• Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the pe.formance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds, and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review a 1d approval other documents when such revisions are inconsistent of submissions and for approvals of authorities having with written approvals or instructions previously given, jurisdiction over the Project. This scheduie,when approved the are required by the enactment or revision of codes, laws ex Owner, shall not, except for reasonable cause, be or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensatio;l resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architec' systems and site requirements. 1.7.14 Making investigations, surveys, valuations, invert- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required :n connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source, AIA DOCUMENT 1141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH ED1110N • JULY 19771 AIM a 01977 TI'E AMERICAN INSTITUTE Of ARCI:ITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000E 1141.1.977 5 I 2.3 The Owner shall designate, whon necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owners behalf with the Architect. respect to the Project. The Owner x such authorized 3,1,3. Construction Cost does not include the compen- representative shall examinr the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisiont~ pertaining thereto the cost of the land, rights-obway, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the owner as provided in Arti- the Architect's services. cle 2 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State• ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths, rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. According!y, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tect. 2.6 The Owner shall furnish structural, mechanical, 3.2,2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition or this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishmecr of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in. paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the owner may require to verify the Contractor's Applica- urgencies for design, bidding and pace escalation, to de de- poses the Contractor uses the moneys paid by er on be- and dye what materials, equipment, component systems half of the owner. and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contact Docu- quired by Paragraphs 2.4 through 1.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Su- ccc;. ring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written 'notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- In the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) i ex- ceeded by the lowest bona ride bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed h. it, (2) authorize rebidding or re- 3.1.1 The Construction Cost shalt be the local cost or negotiating of the Project within a reasonable time, (3) if estimated cost to the owner t all elements of the Project the Project is abandoned, terminal? in accordance with designed or specified by the Architect. Paragraph 10.1, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction 3.1,2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod. by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 1141 a OWNFR-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • ArAl . (0 07 6 1141.1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC AW6 f with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the lion lot any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14A for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2 2, based aries of all the Architect's personnel engaged on the Proj- on 111 the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost Or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6,2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Suh• compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable, travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. S.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested taining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times, PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owrer sha'I be permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.13 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Dravyings established in the Contract for Construction is exceeded and Specifications shall not be used by the owner on AIA DOCUMENT 1141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 . AIM • O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON. D.C. 20006 8141-1977 7 other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- lion of this Project by others provided the Architect is not Iributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total basic and Additional Compensa- tect. lion earned to the time of termination, as follows: 6.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be constrsed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 Al; claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arb.4ration in accordance with the Construe- governed by the laW of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions .lacing to this Agreement, shall include, by consolidation. of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either pi; T this Agreement, by the Architect, 0,e Owner, and any other person sought any applicable statute of limitations mall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any -.ad all events not later than the rele- arbitration of any dispute not described therein or with vans Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts o. failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly o-nsented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTICLE 10 representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its te' Is through no fault of the party initiating the terminatio ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notica to the Architect EXTENT OF AGREEMENT in the event that the Project is permam tly abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all pr,or negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT 1141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION 6 IUtY 19.. . U4w . 19.'7 0 1141.19" THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENVE, N.W, WASHINGTO% 11 C mrln ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to tha Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of dollars (S N.A. ) shall be made upon execution of this Agreement and credited to th,: Owners account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: !Here imert bas . of compematlon, including ford amount, muitfptes or percentagec and identity Phases to which particular methods of compensa- tion apply, if nxersvy Six percent of construction contract 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phase as appropriate.) Schematic Design Phase: percent ( 15 Design De%elopment Phase: percent( 20 Construction Documents Phase: percent( 40 Bidding or Negotiation Phase: percent( 5 Construction Phase: percent( 20 9a) 14.3 FOR PROJECT RVRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. HE AMERICAN INSTITUTE OF•ARCHIT ARCHITECTS, 5 NEW WRKTAVENUE, IN.W.,eWASHINGTON, rADC.~2M 6141.19" 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 1S as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis o! compensation, including rates'and'or multiples of D.rect Personnel Fspense For PrincipaH and employees. and ider,tdy Pnec (+af. and classify employees. if required Identify specul,c services to which pa,licular methods of compensation apply, it necessary ) Not Applicable 114.4,2 FOR ADDITIONAL SERVICES OF CONSULTANTS, inc;uding additional structural, mechanical and electrical engineering services and those provided under Subparagraph 17.21 or identified in Article 15 as part of Addi- tional Services, a multiple of 1.5 1 I times the amounts billed to the Architect for such services. (Identify spoUhc types of consufranis in Article E;, it required 7 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a mu,(iple of ( 1 . 5 1 times the amounts eN- pended by the Architect, thl, Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon ) (Usury laws and requirements under the Federal Truth in tendmg Act. similar srafe and local consumer credit Not ae1 other re(rulafrons if rli, Owner's and Architect's principal prates of business, the location of the P.orect and elsesshere may affect the validity or this provrsion ePer,6r Ir G.,I advice should be obtained udrh respect to deletion. modofiution, oa Omer requirements such at w61fen disclosures or waivers I 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 143.7 IF THE SERVICES covered by this Agreement have not been completed within $ i X ( 6) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 1141 a OWNER-ARCHITECT ACREEME:- T a THIRTEFNTH EDITION a IVLY 197 a AtAv • p 19'7 10 (141.1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.W YORK AVENUE, N.1Y„ WASHINGTON, D. C. aV?b ARTICLE 15 OTHER CONDITIONS OR SERVICES AIA OMMENT 0141 OWNER ARCHITECT AGRTL..ENT THIRTEENTH [DITICW JULY 1977 AIAO 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, 17B NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 5141.1977 11 FE8 4 1983 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT BY BY FE8 9 .1983 &q /F AEA DOCUMENT 1141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • ILAY 1917 • A 0 • u: i9.7 12 144149" THE AMERICAN INSTITUTE Of ARCHITECTS, 1,715 NEW YORK AVENUE, NW, N'ASHINGTUN DC. \tk% cwt THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: City of Denton and the Architect: The Architectural Collective, Inc. For the following Project: (include detailed description of Project location andscopej Airport Substation Control Building The Owner and the Architect agree as set forth below. Copyright 1917, 1976, 194, 19511 195), 19Sa, 1961, 1963, 19!4, 1%7, IM, 1974, 0 1977 by The American institute of Architects, 1735 New York Avenue, N.W., Washington, D.C.:00D6. Reproduction of the material Mr1in or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUfNEffT IM • OWNER.ARCHITECT AGREEMENT • THIRTEENTH EDITION • IUEY 1977 • AIAM • 019" THE AMERICAN INSTITUTE O AARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 n~j•~9J7 i "S (This Page Is Blank) TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.S and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Anicle 15 as part of Basic Services. 1,4.1 The Architect, following the Owner's approval of 1,1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1,5 CONSTRUCTION PHASE-ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- Of THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1, the Architect's obligation to provide Basic Services under 1.1,3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1,4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1,5,2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owne, a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- 1.2 DESIGN DEVELOPMENT PHASE struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1,5.4 The Architect shall. visit the site at intervals ap- appropriate. propriate to the stage of construction or as otherwise 7. .2.2 The Architect shalt subr„it to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by city of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project, deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1,5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Condit ens of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1,3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, aub- AIA DOCUMENT 8141 4 0"MARCHITECT AGREEMENT • THIRTEENTH EDITION 0 IDLY 1977 0 AIAS • m 1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1711 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2006{ 8141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in. 1.5,7 The Architect shall determine the amounts owing stalled or completed. to the Contractor based on observations at the site and on 1.5.13 The Architect shall review and approve or take evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1,5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of 1 .5.14 The Architect shall prepare Change Orders for the Architect's knowledge, information and belief, the qual- the Owner's approval and execution in accordance with ity of the' Work is in accordance with the Contract Docu- the Contract Documents, and shall have authority to order menu (subject to an evaluation of the Work for tort- minor changes in the Work not involving an adjustment formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time Completion, to the results of any subsequent tests re- which are not inconsistent with the intent of the Contract quired by or performed under the Contract Documents, Documents. to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents however, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5,16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BFYOND BASK SERVICES essary for the proper a cecution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than Is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- rnd other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Represeitatives shall be selected, em. 1.3.10 Interpretations and decisions of the Architect shall ployed and directed by tho Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated the,0or as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex. graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further faith In such capacity. protection for the Owner against defects and deficiencies 1.3.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1,7 ADDITIONAL SERVICES those In question between the Owner and the Contractor, shall be subject to arbitration as provided In this Agree- The following Services are not included in Basic ment and in the Contract Documents. Services unless u identified in Article 15. They shall 1.5.12 The Architect shat! have authority to reject Work h be ided if a or in epOw er, and they shall becpaidrfor by theltlOw ee which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. 4 $141-19" ALA DOCUMENT 1141 r OWNER-ARCHITECT ACREEMENT r THIRTEENTH EDITION • JULY • A1AII • 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.73 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance ronmenta! studies or comparative studies of prospective of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during 1.7.4 Providing services relative to future facilities, Sys construction based on marked-up prints, drawings and g other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- strutted during the Construction Phase. 1 .7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the owner. 1,7,19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordi.tation of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7,21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for ILe Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor, 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1,7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds, and shall include allowances for pcri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval other documents when such revisions are inconsistent do oof submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved with written approvals or instructions previously given, by are required by the enactment or revision of codes, laws the Owner, shall not, except for reasonable cause, be or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect, systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tortes or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described In this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source. ALA DOCUMENT IM41 • OWNER-ARCHITECT AGREEMENT , THIRTEENTH EDITION • JULY 19" a AIA6 . m 1971 THE AMERICAN INSTITUTE Of ARCHITECTS, Ins NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 3141.1977 S 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect, respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architects services. cle 2 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COSH grades and lines of streets, alleys, pavements and adjc;,.l- 3.2.1 Evaluations of the Owner's Project budget, State- Ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect; best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and 'Tees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths, rials or equipment, over the Contractors methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include lest cannot and does not warrant or ,:present that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Arrhi- ate professional recommendations, rect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be eT'ab- chemical and other laboratory tests, inspections and re- fished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by the parties shall h a be fixed limit has been econ- time for the Project, including such auditing services as tinged, the hereto. Architect If such the Owner may require to verify the Contractor's Applica- tingencies for permitted sc include e- tions for Payment or to aster'-:n how or for what pur. erm e what design, materials, and price escalation, t de- poses the Contractor uses the moneys paid by or on be. and typ , equipment, component systems haft of the Owner, and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, Information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the fumishe at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract ium occurring thereof. after execution of the Contract for Constru :lion. 2.9 If the Owr,er observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- It. the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the owner shall (1) give written approval of an 3.1 iDEFINITICN increase in such fixed limit, (2) authorize rebidding cc re- 3.1.1 The Construction Cost shall be the total cost or negotiating of the Project within a reasonable time, (3) if estimated cost to the Owner of all elements of the Project the Project is abandoned, terminate in accordance with 1 Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 11.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- madcet rates, including a reasonable allowance for over- tion Cost has been established as a condition of thisAgree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod. by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply ` lll1t1~1~ AIA DOCUMENT 1111 s OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION . JULY 1977 s AIM a O 1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1775 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architects responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructe J, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be Fayable to the extent services are performed on such por6)ns, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly 5.1 Reimbursable Expenses are in addition to the Com- upon presentation of the Architect's statement of services pensation for Basic and Additional Services and include rendered or expenses incurred. actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or S.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6,4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over the Project. 6.4.1 If the Project is suspended or abandoned in whole 3.1.2 Expense of reproductions, postage :,1d handling of or in part for more than three months, the Architect shall 8 be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants, due and all Termination Expenses as defined in ParaRraph 5.13 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the own ?r, expense of overtime work requiring higher than regular rates. ARTICLE 7 S.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested taining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis a Multiple Direct Personnel Expense shall Architect and the Architects consultants. be kept on n the basis of f generally accepted accounting principles and shall be available to the Owner or the ARTICLE b Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An Initial payment as set forth in Paragraph 14.1 Is the minimum &I Drawings and Specifications as instruments of serv- ice are and shall remain the ro6.19 Subsequent payments s for Basic Services shall be property of the Architect made and shall en whether the Project for which they are made is executed monthly be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth In Article 14, tions for Information and reference In connection with the 6.13 If and to the extent that the Contract Time Initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA 000UMRNT 1141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JURY 1977 a AIAS a 01977 THE AMERICAN INSTITUTE Of ARCHITECTS, JAS NEW YORK AVENUE, M.W., WASHINGTON, O.C. 20006 ■141.1l77 7 other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi• percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percen, if terwinalion occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 S percent if termination occurs during any subse- ARTICLE 9 quent phase. !`RSITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construe- governed by the law of the principal place of business of lion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Telms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person nat of this Agreement. a party to this Agreement except by written consent co i- 11,3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts o. failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate, for Payment. parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights 9.2 Notice of the demand for arbitration shall be filed in against each other and against the contractors, consult- ants, agents and employees of the other for damages coy. writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable lave in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTICLE 10 representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa. TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at feast seven days' written notice to the Architect EXTENT Of AGREEMENT In the event that the Project Is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written insLvment signed by both defined in Paragraph 10.4. Owner and Architect. S R14U1l77 TH ALA EMEXIC N INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE,INIW.,a WASHINGTON,AD.C. 0 2M 1977 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of dollars (S N. A. ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 PASIC COMPENSATION 14 2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here Insert basis o1 compemnlon, Including fired amounts, multiples or percentages, and Identify Phases to which particular methods of compensa- tion apply, If necessary.) Six percent of construction contract 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic 1 Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: flnclude any additional Phases as appropriate.) Schematic Design Phase: percent( 15 yo) Design Development Phase: percent ( 20 Construction Documents Phase: percent( 40 Bidding or Negotiation Phase: percent ( 5 Construction Phase: percent ( 2 0 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AiA THE AAMMtRIICAN INSTITUTE OF ARCHITECTS, ins Nsw 1+ok THIRTEENTH EDITION N.w., aWASHINGTON, 0.C 0 2M IH41-191 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation. including rates andPor multiples of Direct Personnel Expense for Principals and emplo)ees, and identify Principals and classify employees, it required. identify specific servico to which part;cufar methods of compensation ap.'y, it necessary.) Not Applicable 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of 1.5 I ) times the amounts billed to the Architect for such services. !Identity specific types of consultants fn Article 15, it Pequfred 1 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of I 1.5 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest .arom the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.! (Usury taws and requfremenb under the federal rruth in lending Act, similar state and focal consumer credit laws and other regufations at the 0~s and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal adrke should be obtained with respect to deletion, modificdOon, or other requirements such as wrirt:+ disclosures or waivers 1 14.7 The Owner and ti a Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of she Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14,7,2 IF THE SERVICES covered by this Agreement have not been completed within six ( 6) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiple, set forth herein shall be equitably adjusted. MA OMMENT 1141 a OWNER-ARCHITECT AGREEMENT a THIRTEENTH EDITION a )VLY 1977 a AIM a 01977 10 1141-1977 THE AMERICAN INSTITUTE of ARCHITECTS, 1735 NEW YORK AVENVE, N.W., WASHINGTON, P.G 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES I ALA HE AMC! ICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE, N.W.,~WASNINCTO~V AO.C.~200M fE6 4 1483 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT By BY A •!•A AtA DOCUMENT 1171 • OWNER-ARCHITECT AGREEMENT ~ THIRTEENTH EDITION ~ JULY 1977 • AIAO ~ m 1977 12 IH41.19" THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YOR% AVENUE, N.W., WASHINGTON, D.C. IOODE THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: City of Denton and the Architect: The Architectural Collective, Inc. For the following Project: ('Include detailed descrlpticn oI Protect location and scope.! Airport Substation Control Building The Owner and the Architect agree as set forth below. CopynRh1 1917, 1926, 194, 1951, 1951. 1951, 1%1, 1%I, 1966, 1967, 1970, 194, 0 19'7 by The Amenun InsGTUle of Arc{I'ilitim. 1735 New YoT4 Avenue, N.W, W"Ninston, P.C. 70006 Reproduction of the mates1 herein or subsVniiat quotation of its provisions without permission of the A1A violates the cop risht laws of the United States and will W sublw to legal proem Non. ALA DOCUA41171141 a t11VNtR-ARCHITECT ACREI%IENT • THIRTEENTH EDITION • JULY 1977 a AIA* a a 1977 IN[ AMERICAN 1457+TUTI or ARCHIIECTS, VM NEW VORtt AVENUE, N W., HASH gGtON, O C 8141-1977 1 r - TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probabfe Construction ARCHITECT'S SERVICES AND RESPONSI$ILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3,4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Art;cle 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1,± SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1,1.1 The Architect shall review the program furnishEd of Probable Construction Cost, shall assist the Owner in by the Owner-to ascertain the requirements of the Project obtaining bids or -negotiated proposals, and assist in and shall review the understanding of such requirements award ng and preparing contracts for construction. with the Owner. 1,5 CONSTRUCTION PHASE-ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF TIIE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1,5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1,3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due or in the absence of a final Certificate 1.1.4 Based on the mutual!y agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. inccrporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current lion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, Ceneral Conditions of the Contract for Con- struction, current as of the date of this Agreement. i 3 DESIGN DEVELOPMENT PHASE 1,5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- 0,1 ner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archl- pare, for approval by the Owner, Design Development sect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect Shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Worl. and to 1,3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tectshall not be required to make exhaustive or con- umer.tc and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such en-site obser la- the O%sner, the Architect shall prepare, for approval by lions as all architect, the Architect shall keep the O%%ner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments fol the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge: of tion of the necessary bidding Information, bidding forms, and shall not he responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for meet between the Owner and the Contractor, safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub. MA OOCUMENT 0141 • OV,'NER•AKCHITECT AOREtb1ENT s THIRTEENTH COITION • IM 1977 • AIM • to 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, ClS NCW YORK AVENUE, N.W., %wASHINGTON. O.C. :OOOi 8141.1977 3 contractors or ar.y other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents, tF a Architect will have author. Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work m 1.S.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in 1.5.7 The Architect shall determine the amounts owing stalled or completed. to the Contractor based on observations at the site and on 13.13 The Architect shat! review and approve or take evaluations of the Contractor's Applications for Fayment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shalt be taken with reasunable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.S.4 and on the data comprising assembly of which the item is a component. the Contractoes Application for Payment, that the Work has progressed to the point indicated; that, to the best of 1.5.14 The Architect shall prepare Change Orders for the Architect's knowledge, information and belief, the qual- the Owner's approval and execution in accordance with ityof the! Work is in accordance with the Contract Docu- the Contract Oocuments,_and shall have authority to order meets (subject to an evaluation of the. Work for con- minor changes in the Work not involving an adjustment in with the Contract Documents upon Substantial which the Contract Sum or.an extension intent the Contract Time Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, Documents. to miner deviations from the Contract Documents cor- 1.5,15 The Architect shall conduct inspections to deter- tectat,le prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents Howe> er, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itat:ons of authority of the Architect as the Owner's rep- 1.S.9 The Architect shall be the interpreter of the re- resentative during construction shall no! be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor, The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shad pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Cor tract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1,6,3 Through the observations by such Project Repre- result of any interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further faith in such capacity, protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's dec;sions on tions of the Architect as described in Paragraph 13. any other claims, disputes or other matters, including 1,7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree. The following Services are not included in Basic ment and in the Contract Documents. Services unless so identified in Article 15. They shall 1.3.12 The Architect shall have authority to reject Work tb epOw er ed if , and t eyrshalll be pad rfc for by thertOw er which does not conform to the Contract Documents, as provided in this Agreement, in addition to the Whenever, in the Architects reasonable opinion, it is compensation for Basic Services. 1 $141.1477 AIA OMMENT 1141 0 OWNER•ARCHIrECT AGREEMENT • TMRTEENTH EDITION • JULY IST' . AIM . IF- THE AMERI~,.AN INSTITUTE OF ARCHITECS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, DC. lxxb 1.7.1 Provtding analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements 4f the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. cf the Contractor, or by major defects ar deficiencies in 1.73 Providing planning surveys, site evaluations, envi• the Work of the Contractor, or'by failure of performance ronmental studies or comparative studies of prospective of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during 1.7.4 Providing services relative to future facilities, sys- construction based on marked-up prints, drawings and tems and equipment which are not intended to be con- other data furnished by the Contractor to the Architect. strutted during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.75 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. Wished by the Owner. 1,7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, mere than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work, completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness rEquested by the Owner, in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors Or by the Owner's own forces. 1,7,21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained tricat engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1,8 TIME labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing int0or design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds, and hall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owners review and approval other ducumen t when such revisions are inconsistent of submissions and for approvals of authorities having with written approvals or instructions h revision inc jurisdiction over the Project• This schedule, when approved previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes no, solely within the control of the Architect. ARTICLE 2 1,7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the re 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for tfie Project including a program, which struction Cost is not commer:;;;c;c with the service; re• shall set forth the Owner's design objectives, constraints qulied of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tortes or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the Ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those descrbed in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.13 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause duri. g con- funds available for the Project, and their source, AIA DOC'UMINT B141 • OWNER•ARCMi7ECT AGREEMENT • THIRTEENTH EDITION . tVIY 1411 • AIA* . m 19A TNI AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW TORx AVENUf, N.W., WASHINGTON, O.C. 20004 5141.1977 3 7 ~ 2.3 The Owner shall designate, when necessa,y, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's beh3)f with the Architect. respect to the Project. The Owner or such authorized 3,1,3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or ot},er costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3,2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Constructic n Cost and Detailed croachrnents, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other itnprovemen•s design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de- 25 The Owner shall furnish the services of soil engi. termining bid prices, or over competitive bidding, market veers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing va'ues, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, Ibsts, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shalt furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verity the Contractor's Applica• fished, the Architect shalt be permitted to include con- the for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation. to de- poses the Contractor uses the moneys paid by or on be- termine what materials, equipment, component systems half of the Owner, and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the O+vner's expense, and the Architect shall fixed I mil. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.23 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformartce menced within three months after the Architect submits with the Contract Documents, prompt written notice the Constn3ction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex. in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents b the Owner and Architect's services and of the Work. the data on whit;-, proposals are sought. 32.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeced by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the owner shall (1) give written approval of an 3.1 D.-F1NITION increase in such fixed limit, (2) authorize rebidding or re- 31.1 The Construction Cost shaft be the total cost or negotiating of the Project within a reasonable time, (3) if estimated cost to the Owner of all elements of the Project the Project is abandoned, terminate in accordance with I Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 11.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc• market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod• by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply ~141.1l77 AIA DOCUMENT alp 4 CWNIR•ARCHMCr ACREEVENT • THIRTEENTH EDMON I WIN 1977 • AIAA 0 h•,' THE AMERICAN INSTITUTE CF ARCHITECTS, 173S NEW YORK AVENUE, NW., WASHINGTON, DC. .4k" with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architects responsibility arising from the tion for any Oasic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for ail services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal• with the schedule set forth in Sibparagraph 14 2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory anc (2) if no such bid or proroszl is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment lazes and other statutory employee ben-- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensior .2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6•:•1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly 5.1 Reimbursable Expenses are in addition to the Com- upon presentation of the Architect's statement of services • pensation for Basic and Additional Services and include rendered or expenses incurred, actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in. the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or S.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications; and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over the Project. 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall 5.1.4 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, exclu,4' of written notice from the owner of such suspension or reproductions for the office use of the Architect anc abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Te urination Expenses as defined it Paragraph i S.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tioral Services. shall be equitably adjusted. 3.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.15 Expense of renderings, models and mock=ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5,1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- lirnils, including professional liability insurance, requested thhe basis te basis s Additional Services and services performed on by the Owner in excess of that normally carried by the be on a the Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. kept on basis of generally accepted accounting principles and shaft be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT Of BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS LIJ An initial payment as set forth in Paragraph 14.1 Is thT minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.12 Subsequent payments for Basic Services shall be whet',r the Project for which they are made is executed male monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- (onned within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth In Article 14. tions for information and reference in connection with the 6.1.,E If and to the extent that the Contract Time Initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on ni AmE MCAN NSTITVTL of AACmIlECTS,CIf)SMNEW YORKT AYENVE. N W. WASHIN.rON, 0C.®70006 8141.1977 7 other protects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus ar, amount computed as a writing and with appropriate co pensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent ii termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 t0 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes znd other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shag be decided by arbitration in accordance with the Construc- governed by the law( of the principal place of business of tion Industry Arbitration Rules of the Ame,;can Arbitra- the Architect. j tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree othenvise. No arbitration, arising out of or re- irg as those in AIA Document A201, General Conditions Jating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. J1 a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts of failures to act by either 1 this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations ~ tall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rete- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or descrbed therein. This Agree- to any acts o; failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing orbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction 1s set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 93 The award rendered by the arbitrators shall be final, SUCCESSORS AND ASSIGNS and judgment m,y be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Archite:t, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TMAINATION OF AGREEMENT lives of such other party with respect to all c,venants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party Initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13,1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitwt, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- rdormed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined In Paragraph 10.4. ' Owner and Architect. AtA 000UMENT 1141 • 0"(4-ARCHITECT ACRE EMENT • fHiRTEENTH EDITION a JULY 14-7 • 43%0 . a w? E h~1'1l77 THE AMERICAN INSTITUTE Of ARCHITECTS, 1713 NEW YORK AVENUE, N.W„ WASHINGTON 0 C M10v ARTICLE 14 BASIS OF COMPENSATION The Owner shall compens, to the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of dollars (f 4. A. ) shall ben ide upon execution of this Agreement and credited to the Ownees account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation, inctudima fixed amounts, multiples or percentares, and identity Phases to which panticutar methods of compensa• lion apply, if necessary Six percent of construction contract 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Irsctude any additional Phases as appropriaseJ Schematic Design Phase: percent ( 15 Design Development Phase: Construction Documents Phase: percent ( 2 0 percent (4 0 ro i Bidding or Negotiation Phase: percent ( S Construction Phase: percent( 2 0 14J FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1,6, Compensaticn shall be computed separately In accordance with Subparagraph 1.6.2. AIA ME AMIRIeCAN INSTITU~T1 Of ARCCHIITE S,C Ins NEW YORK T AVtNUI,t NM. e WASMY 111r 9 KNCrON. AO.C.~20t10i 0141.19" 9 r 'r i I 11.4 COMPENSATION FOR ADDITIONAL SERVICES ' 15.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rases and,rr multiples of Direct Personnel fspen. for hincipals and employees, and identity Prioc,por and clatury employees, it required Identity specific services to which particular methods of cumpeosahon apply, if necessary.) Not Applicable 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of 1. 5 1 times the amounts billed tc the Architect for such services. CdeaGfy specific types of GOnsul(anN in Ar icre 75, of required 1 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 1S as Reim- bursable Expenses, a multiple of l 1 , 5 ) times the amounts ex- pended by the Architect, the Architect's employees and cons,iltanls in the interest of the Project. 14.6 Payments due the Architect and uraaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rue of interest aareed upon I (Usury laws and requuements under the Federal Truth in Lending Act, sumdar state and fad consumer creml fawn and other reitufumas at rn, Owner i and Architect's principal places of business. the location of the Project and elsewhere may aNect the validity of this provision <I,enitrr ln.sl advice should be obtained with tespeer Ics deletion, modification, or other equiremenu such ai written disclosures or waiver ) 14.7 The Owner and the Architect agree in accon;ance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of tale Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within s ix ( 6) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ALA DOCUMENT 1141 a OWNER.ARCHITECT AGREEMENT a THIRTEENTH EDITION a IDLY 197; a AIAe a rL 11 10 I1h41.1lT7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1:75 NEW YORK AVENUE. 14 W., %%NSHINGTON. D.C. Wb f 1 C ARTICLE 15 OTHER CONDITIONS OR SERVICES ALA DOCUMENT R1tt • 01ANER-ARCWTECT AGREEMENT • THIRTtENTH EDITION • JULY 1977 • AIM • p 1977 THE AMMUCAN INSTITUTE Of ARCHITECTS, 1733 NEW YORK AYtNVE, N.W., WASHINGTON, O.C. 7000E 1141.1977 11 r u 1 FEB 4 1983 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT BY BY A N~4.1977 Au DOCUMENT Rlfl OWNER-ARCHITECT ACREE.MENT THIRTEENTH EDITION, ILLY 1917 • ALIk. THE AMERICAN INSTITUTE Of ARCHITECTi, 1,3S NEW YORK AVENUE, N.W. %%ASHINVTU.V 11 C. 1>lVn TC: De,,t,m City Council c;ty <r Fobruary r,) 10,83 41P would like to r::nress the orini~r the+, '7'10wr0rial Hosg,tal should rprain a Cit•,r-Cnrnt.v hospital. We arn c^nc~rne3 that sale i of th- Hospital is eve- v-d-r consideration. ~GLG6 ~ 9 Gc1~z<-~ x-~ A y07;A yea • ~ ~ s s 7 ?,3 02/0 _V- o&~u,~ /v,t ;2 102 1'y~z 19 76-J-0/ InR ~ s t City Co'rcil r, 2 IZZfe C'~oio Ala A ~ (voles C// P~-.k~ ZcL►~u~ c~sv,~ ' ~r D~,, r~ N a 2 7 /A~ D~K'n3i~ / l I-~.jrIlpX4 I ~L~O+ 4// 7~ 1 Oulb 76 ao i ado, ~ i y 1.0 ~ ~ .A ~ ~ ro n.217 (I HZ) TEXAS APPLICATION FOR LICENSE TO CONDUCT BINGO n t y ~l c • Fleas+ react instructions • TYPE OR PRINT • Do not rltk sF~icfbd"afl6S~"x _ s :3 ~ - 1. Type of ricensa applied for • W A- Arnual ❑ T- Temporary' • 1 1 1_t I I I I I_ 11 1-1 l f 1 1 Number of temporary licenses received by your organization during the past 12 months: 2. Has th:s orgaritatlon user ~jp~ If "YES", enter the liceisfamber 3 1883 been issued a bingo license? ❑ YES CRNO t_J 3. Name of organization - s ~o/ n11, as # q77/ • L __P Y 1 J VII 4. Mailing address (Street uddrirss, P.O. Box, Rum$Routr).. Mn . y:, • •L- W;dsarDtllre City State Zip code County X l .L7- • -a t Ur 1 I . ,1 DPN i S. Describe ttu:,*6fiepurposelsltorwhichbiniprocaels_syill,Caused: z - _..a:. cit....±'; vLim:•: ~L CAOrt &C a~ nt ~~t_ ~(7~~ a ~ O,y~ D2Cltl1 ~L[ ~ Ft~ i,~r'l c O I 1 ~ It COVNCi t. 6. T of non-pfofit orgtnization • hJ 1 • Religious ❑ 2 -Charitable r 3 • Fraternsl El 4 - Volunteer Fi.•s Dept , H 5- Veterans (Is rh4s 5sybrarts'orpart'abort,clwttTsea{Er_fAe,U:9u Condreut C('TYES 6 • Other (Explain) 7. Does this organization now havv a 501 (c) exempt on fro s the rnteMel Revmire Service? •11( YES NO + u z , t if -'YES!-, attacn a cop/of theiRS puling or determination letter on your exempt status r State ~ ~:,s::-,ci ~ ~.Taiaaeharor Oe LOA t:0... Dats~..L l+.ula;'stae ":.J Sftfl iIti > 4 ga corporation enter' 8. If this or nization isa • f A copy cf the Artichs of Incorporation must be filed with this appueatAn. . v.:, re : l; . _ n Nj rr`~5•~' a al. if 9. If this organization is not a corPara non des~zribe this method of organ zation and submit evidenceof OrgenrzabOn tee' •k u1x3^a.l6>..L "t/:.~1- ~ v .,...+,....'.:i 1. r•. )..sif2~ f~l ©.oNJ':966M is Ore"Imij%w umder q Clioe er pm&/ b ..S we-ile ~ac~er~ (1!z 116 ~1 , wrhz:.'li;;•i cyt: ~r.it~f~~ff~lCEI'<fQl'ia~-P']-?:.'.v:,S$'5~33.r"f'....:2~$~._.:a:i.?.s L.i:~ :~i .f..t':..~...._. «k.~'w1YC?~'' ~ltL2~ n+zltN'da.:.,•. 07 ~t~~rJ z'"` a- J o Q 1 1 Q5 • Fick - • . ~l • : ' r.. Nwi•.:`4:,-_..etsLi,...:.y Ai..~i1 ~ ...l. 10. Enteryourorganization'afederal Ernployer'sIdentification (FE0No.(Ifanall 7i~r Yi tai~!8t1 It. Does your or nization•wvihariataxpayer num - epli °Wj 9e bprforreportingany. Ifs'YES",enex'.#:•.".-T•;iT:..si s4.•wt:.. 1.,..o"::..ar. Texas tax or a Texas Veneor Identification Numberil . 'V ES NO number'.: C-l t t 1 x 1 ' h ' t 6 1 r'... ~ i ♦ { ~ r^ ,s ~~.4..~ r ',4 i _`C` t 7' 12. Nu i'r of„marrbers ut gacd sanding in this organization it J ( ti~ i?~J~ 1 s. , ' r ! t r sr s sl ~rt rC~' r +1 s•E ~~~1 } t ,1~ .wt f . Y.y Ifs .,tom , 4~5. ti;•~ F 'Y..c v -t ,3. Usk bit oryar,izzi oIfi,q rt (Attach addl donut eheeN f/nsnm ry)(` '1 " r ! ~1! y Y „r' . ] y.s~i` ! :y t ,ter' rl s i'LjV KFr ,'1f. ,r},d i~~Y r s Nerni 3 a4 %t'zil s:5t.a~ }atir$tT7 =.SocialSff+K L~U.t+bsr~ `'~erttt J I~kleRta~4F1 E yi'>Y 1..: d .'T' j Home address C-ty Slate Zip coda Phone (Arm code no l i fir S_ 86-Y 116 r I DeM T 9-F 7,L I a.L r 8-1 '1 t* _.q Lc Sex Dese%af bet Driver's license (e/e(e b naF, !.JQ r' s n ivt t':•. La~ q.~ r.~r r` ~ ~ 1 +'r, 4i F411 , r 1,. , ,(lama. s r . i^ t•1fi..t .s. , a ~r:tisfeit:. a+ ylcuntY.Number...s s R S 3 1 1 f rrr~srr,r __1j _ L__. b, n i r14 t , _.L._ r I t _ r Home address City State Zip code Phone (Aria code t_ no.) s' IjMf Wrr s r, Dr ► t ~ `-1 7, Gialot l Qi1- 307_ - 5 Racr~Qsr. SA Dats'iibli,4 /Ahl'/94 Driver's licansa (Store 6 rtIiY s~Lipl.3_ lw_ 14. Lht at teavt two ectivy mernt•rt.wh3 lvilr ton, utt birgo games aril be resfonsibla for IM1119, tax returns, (Enter the nameof tW nvi0or plVrn,aRy wponalDL'(t»A)fAtloeh •ddltfonet rhHtf Jrnecasary),;. a -all LJ -t-VOH~s Ractiw fQalf l 4r~ Fav~~ $-Y_r~L~J15L11~L! ~Llt3l~l~y ,•~r~ ; (8re(e j aZ Home address City State tip code Phone (Area cote A nail ; 1 o~ ~Vl„alsof^ J' 1~t1, "rut L"71_G a o ~J ~1~17=Y~Y~ F ~~"'-t San _y~ • 1 Cats. of Urt r-. _ ,1 ,{~Tk3 _t / , r; tf' r , ~~ri•?jah} i', r1r '~X tY~ t .1 A NemetatnfituttteGOl.Yuri.u.arv,attve.nRmbktictG, :,.ir.~RCiiks~4itYC!i+9~!Gx.tir~t;'Sa/s :Qd2rtf!!.('ta±sl!¢ ter- yt ~ ~ / ~J CYlll.~ r r' 4 s rr,! _ r s• 1L1...ta.:LL3J .LL•~ t 4 t 41 f' 1( T r~ S J l~.1~..1: I r. Home address City Suits Zip code Phone (Arse code A no,) z 1 (V Sur ~r 1i De ___1Zt "rXJ d -te! ~y aS~ Z f }.J ~s+fL y ti,i ` a`SkyYy~~/~'Y,`{~ •Ia( v ~,ryp j'. t , ~y ♦ Y . r•„ a. f~J ~1 - 13.Oat+) hi fist bjrl~s~~grr IayFi~btibaP' rttbe, r / T xt '~x~ r , , 5~~.•1 7. (I-a2)'' TEXAS APPLICATION I - FOR LICENSE TO CONDUCT BINGO • Page 2 16• Name of organization !Same as item 3) BOND LICENSE FEE PL05 T Coda ■ 9011M PL05 T Code ■ 90100 Depos 1 code ■ 791 Oe Amousitnt code ■ 154 I r ■~1~?!h_}Lhlyhv o~4rtQGZ`S141tr~ 177E Amount T. rty{~~Sam+e w lfeniur/ ■ A ■ pCN Cll/t TX I - E r r r r_ t r r f r . t r . t f t a: D,.yrei of ,n'? week ,nd time(s) games will be played I Day Time Day Time Day. Time •L Sun l 7-~_ M- to 1L-f' M j •L--L M, to ti~ J •L M. to M~ LOCATION INFORMATION 19. Nzirne oI locatiop at which games will.be played L_ % ~htl _e G onbti5 l I e t r t J s Address .(Streetand;number 4rdsrseflona).a^ City State r,..:.ZiPcoda._.. County.• _ . t ots 1 eI Dedin, eLTL-XI eLJ, _ 20.'b thiis kraticn inrd• the atY limns oi the city tndxated fn fiem 19? a Y1 1 • YES ❑ -N O y 21. Is this Imtion different from the location of your organaatioo? ❑ YES - NO - if °YES'; expisin vh tM~reseneiocatton o.1 the 0r9anrutNln is not adequata e 'or pWy ng b _nyo ga r If .,i S', o fo rnn_ r-~ 22, Whet la the maximum seating Capacity for bingo of the location in horn 19Y % 23 Now b thu Ioptrogeantrolled by your or rntationT ; ❑ Owned , _ ❑-Leased.for bingo i. ❑ Leased for frtuhipla purposes Other (8rseta(n)? L1 T orrrrz~ 1)llrv ah t]. On.Ev. Colu..6La ~~rfIn. Madam) "Nang o owner of J°asad.Rroni s.:. u~ . ri. "st s z a 4m u.it+~ u:sv c<t• ti: ix -.za.lr„r..«c_.,:L.•.. tee'a b4n9o 1'roanse numbs{, 1..__e ~L_ r r l l t r r ; t r Address .~T`ovvrer ($treei and nom Aer or P.O. Bo:, city, rlatq sip codex Rent per calendar month i 24. BOND INFORMATION (7b, be cnrnpfrrrd onir by appltconfa'for annual BcreasrA -duv e , Esdmatad'rnontftly woes tarxrgta tii!sola churn on)y) it. 2r J 00 ~fl b_ (:irarttpteorv eltowod per fnonth _ ~ y Ly fa:llt.etadt'wtlt, (ectiptsaubject to m trim sAmLnsi than b) in: } y _ Y1•Y t r r h.ti a. t)tt. -Y : -rJ , T .c 1 ,r , iY-r n i~ y- Ld.' Estirrf i¢Ftttoinlrr)r)se'a ia0fof 2% fafutt.sM 1,2..sd~artd by.07) ~.Lz+•3' Wt~ta+' ite sad by l} r , r t r.,r.r<•at r tA4, i „Q 77 r.N rr"^?1t1 t e r. ~r.~ r r it r a...: s e t + t*. S f i r- S m t,r OUC"N,d 'C mot[ r e jSfr: + ' AM , = J J• O7 .80NR REOUIREU (Its ee a t~ %1uAkhaarr fa IV$ a I ~ It-~ 1, " wt Type oyt?oond ❑ 01, Cash a 02 • Surety bofd ! 03 •'~Ati gnment of sadr>gs aaount 25. Enter't1r foUOVlring information;lor'eaeh Item of esYrtiated expense. (AttdeR additlorol vh:rte If nr~ry) .'t a AMOUNT OF•EXPENSE?NAME AND ADDRESS OF PERSON TO WHOM PAID PURPOSE OF. EXPENSE_ 01to G34 7izn} K h rLa ;,,3t3 S-:fts t. fq~Gfzf~,~as...t 13)hS0 Epf1)YtIHt .t - ffhlt~IC•1 A-ne Nrlezyr,S vfiT-eY.-Sts{. ~_~a fatrdr 6&r6-[1p 1Ott) - Qzprhsts - r~. 2S. LICENSE FED o Payment of lfeerrea fey rAust D> tutlmrttid with Lppl at oni }eat Pe'/rMrrt raw y!1 4 t r. ~ r - Ux. • r ?r r r air T ~ '1'S ~ iT r r r.~.t 7'r'f 'k' r r 4 kc k /Lfcrner Fei 16Q .inrrfwf;, t~ t >`eri pofey{ r isi ` r . t T+3 YES ❑ NO t,. a r T ] l •I,,+,, ~r~y. [ate l a ~ 7- 2't r(11 lih lY►t r sr,. wa \ e t ) c .i ~+t,,. ~y~ S t ~(I S p G t~ _ y., + ^j~v~J t 1 1 t,s~r ily'ar'•..,rj.,,*'~ ~~Z rji l,+r'.~'iX: `~rj1'~~FTlrr SV .A r:'1 t !''{3'~ti13 ~•,{{rr}Y :,.'r 5.~}: 27 AfFIDAVITOrgESPONS181L1?/~.' r' y.rt-~: .64r'tiT i ~~+'1 "°1^. :~4 ...in ,•...?t r v c r Nhr the~urd~rsigrtsd hereby; .fe''onf hat "oryeniratpri,idKttifted aboveb s-boostide_nonproftr,orgrsiznltin:ilvt ►ve are activf F 1 7 t `ti trTberf Of the, organizition,, :that, vie will be _reepatsfble toreortductSng birfgo'genrss and- for filing •all. required ,returns in acotirdsrtce . ;+vftA eM; Pro+iatoni• of„tM 7axae Bugo EneblJng AtI.and that ell nee Proceeds derived from bingo, games wiN be urod for charitable as defused in the law, °Wo further, declare that ^tn+ have never, been wmdcted of a felony, cririnsl frond. at a alme of v + ! , , ;a ti r , e • .I} ) moral turpitude.- .l~s..r....,w l►.i~.:,r. J A: I,.! ,r ~Y a L "1~+rr•1~.[~.,,d~w'4r+,ry♦.1~.~. r to the Offvx ~:x~ • we , furt~ - erfee' rOfv - of that e #-,':Z L rstk anti [th.tt a rtfiteemen'te In shit,.. epplicatio+t and any . at / VA A tachrttants t iereto`We ffw 'and•', ' ' y A~nC z r: n : ~A correct to the bat of our, knorvldga and belraf' t a rc a al t~ { , !a K , t Yf } S 1 y p.. , 1 .n r ?.t l.. [•t ~t}~ vt rr ' F lj~~ t p. ~,+rt ~R [ir Hr a a *~Y +n\~ Y b i. ,I ,r;~. - r i t•. ' ~ r . k.' z 1 A e tt' ° r tiI 4 t1 + A J t ~ f~ t•. i \ y r ~~u F ft~. " v~• a ? , t; y k i r ` i! Ott - , , r.;}. n L•l~~'F f . r. i ~ '4 / yam,} e~ C R•. 1~4 t r L •L't 1 f ~ S~ '.Mar led.oLortai~freHuNtJ t clt litiv lC3a~3: tom' t l7 e t e era }+t x t rl Dot 1 f y+= httrfJ! e.. y # n. ;f {•7itit~stas"4hLr6taEjathci~ E"ikl2'+` iSh1Al,r[[[ gliv,=~ T. AA' V r~YJr I ~~i~s~.. hid" ~iA Ot.l t u r -,r IF fold `Mii 1., t FIRST STATE BANKwnc. CENTON. r EY.AS o ms~ g 'O Z N a -1~ 1 n o +z ~ ~ 3C m 0 r i51 p r a I II ,Q P w C I i w CC l j 0 w r w ~ I 4A G Ila co I-A o cn f "flow 41AI: oM~b {,,,r TEXAS APPLICATION tarSecntan'soxCle 1 FOR COMMERCIAL LICENSE TO LEASE BINGO ePREMISES so eiarlaenbo ,VOTE: A separate application must be filed for each to cation to be le lS L`~ 19 V l8 .Please read instrucclons .TYPE or PRINT ODD not writs in shaded areas 1. Legal name of applicant e l r r r i r t r 1 1 r r-t I I 1 r Deli b ra C61II U3 ~kb 1 F!~ . l 3 Sa n I i I Has tie applicant ever been issued a license to lease bingo premises? ❑YES XNO [I "YES", enter the license number _ _1 1 , t ~__L_t 1 1 1 1~J 2. Mailing address (Sirrel addrefq P.O. Box, P,wl Route) g City State Zip code 0L.^DQ>ti~0n I.l T~( I.L7~ao~ f 3. Type of organization (Cheek one type only) - aOl • Individual E] 2 • Partnership ~3 • Corporation F-14. Other (specify) State .Texas charter 6r COA no. _ Date..:. 4. If this organization bacorporation, enter: e1 e1 19C~1~~~ J f • /0 Z A copy of the Anicles of Incorporation must be filed with this application Type of corporation: 11 IP•Profit ®N•Nonprofit X5. Enter your Federal Employer's Went i ficat;on (FEI) Number (if any) i}i'. Il~t s Y ~*--•tr .i .eh~:, ;i: ti. ilo you now havea taxpayer number for reporting any Texas tax or a Texas Vendor Identification Number? YES f4NO if "YES--, I t I I I I 1 ent-r III 1. ,Name of location where birigo games will be played _ ...%yi a. ._r5... r ' X s °3 C~1t~a~b4s ~Il 8. Address of iocation(Streel addreq or directlona..DO NOT USE P.O- Box or Rurd Routr Number) . .i,.._•...a. 1700 R~,1' Rc Count rty State Zip code De" 611 .I Trx~s ~',1 7G3n 1 I 0LL _L J 9. Is this location inside the city limits of the city indicated in Item 87 e~ 1 • YES ❑ 0• NO 10. Is this location owned or leased by the applIciii 140wned ❑ Leased 11, whet s the maximum Mum" bar of persons this location wilt sestfor playing birgol • cVv 12 List all organisations which plan to lease the location in Item 8 to conduct bingo gart*& r , Attach a copy of the Nest agreement for each organization listed. (A Bach additional ghee is if necem y) a . Arnountotfsotpa►rnont}t..,. ` 1^.olga ~T • Q F` T o!, (s} thltitMfkandtirCe(s} gatrtat yM1l be pla t8 ft94 ~!ceP 1$t!t!§el.ftJgr ?~2blt! r 7 ay 1A!9liPp^! b! R I 1 It 1 1 l I r I I I I I 1 I 1 I 9tLp~.SK➢e9rA[IOll:un wt:i:~ ,t Yn"nl_ofsent pKRo"th.1.aa. , a."ice - • - .a x P. ~ a rri I RI;.off)+a@U.:~'•1~J:i,.';:.llaa6'l~lY t sa~ton'Lb rya Ikgo ! t7Yrltbet (40VWiabfallxx~ruG ~ Z Day(s) o1 etteweeltandtrmeis) gfrttes wit be pieY~'.^•C~1,~=.assr....e ,t:a , ~ \ ri}'. r ,~'~~.1✓ 1.` r~ sir } ~t'~ ~i. y '`~Y! lt[N Q~tNganl2ab'If ikrlTd.i•'~►•.~.•.,~.a L.i'.i...'it k ~~rYaL :a..ar"G~r.t•N[,:«~••1:?.fi s,iSa.1G': r.,nn ,.,5.w..u R10nth, t, . qt A~p~nlzatlWlC~+rtAt}i?.~~:.di Dsw.~.I~3iMU._ .-.<scar.sir?,a.r..vN4TY~ret~c~rtnuJ:'...,v...k..f+...✓e.~,k.~i1ta;~'. . Orgag17stlar>;Sbjtipo_ 1a11t4(I.VrPbe r (Lauaita a DaYls}ol ar'd_ mt,Sslg4rfLes,Wi1Lb4.playW„ I I I r 1 I z •l I I , 1 F. ±1 1 1 I ''i _ 13, Is thaapplicant lindividuai, pe(tner, corporate officer,-director or stockholder) oreny employ" of the appli ant now an active rrnmberof , any organization that rrill be conducting bingogamesat the Ixetion speciflad In Item ST ti YES EINO _ If "YES", enter the foils Bing informedon for each person. (Attach additional eheeb l/neeeeeary) P le, Ji + a7itltof positiq"il )applionl,s.n' P _r J~Q MfOSra - [ ¢ I No" of crgsrnntbQ. ti ,env (~cFa v r: Per Of~Mlgb}EshiPm, . 's. 14, Has theeowcent (individtnl, Iiartriee corporate officer, director or stockholder) or any employee of tl•a applictn I ever been conv'ttad Of a i' 'felony criminsl fraud or a aimebf moral turpitude? ❑YES NO r'? < ' I}"YES",enlerthefollowrngirtformedonforeschpanart (AtfaekoddtllorolsJteebYneCrelary) t ~ ` {s fRl.M +iar ct> n:Yk dMz ar:t#d e)'.t cut. l 9lubG+ .v.:C+L,s IaG>rAVa~ Li...:s0xwr ' ` Tail)_4EPQsit(y~}yio". rca.:i Tye-ure.~~(~n^~Z Date _ti.. _ ...r L/tS.CA.63L`:o,,,+Jr•!•.F,e~ rG awJ►~~Mea1r~:J1./y iJaWrrM....r..n.'.arr.erF.u.w~Lw...•. r.w.~..~ -f. ,t •`a, H • Y . ITEM' 20 Board of Directors Joe A. Pe12el 72f Del Dr. Penton, Tx. 76201 White Male 1/13/27 ^_x. 0897017 Eugene M. Hartman 8l~ Stanley Denton, Tx. 76201 Whilt Male 11/18/10 Tx 4339445 Edward Bleess 2502- Poxcroft Denton, Tx. 76201 S•Ihitn male 6/25/3e Tx 055501313 Joe E. 'layer Rt2 Denton, Tx. 76201 White Yale 2/21/49 Tx 0579911 John Beasley 3106 Broken Arrow Denton, Tx. 76201 White Male 3/11/45 Tx 06404113 Billy Joe Coffey 912 Iles twat' Denton, Tx. 76201 White Male 11/23/37 Tx 0380,2734 rR r nP.1112 A,,, (1.82) TEXAS APPLICATION ! FOR COMMERCIAL LICENSE TO LEASE BINGO PREMISES" Page 2 LICENSE FEE 15. Name of applicant (Samoas item 1) PL O5] T Code ■ 9010D ■~Ae,1t~t, {'olo„rl,vg C/tr~ oD sitcodC ! 154 16. City !Same as item 4) Amount ! !I ~tt I t r t r L r r t t l...il_~ 17. Does any public officer have any financial or other interest, director indirect, either as owner or lessorof the premises where bingo will be played; OR is any public officer a partner, officer, director, stockholder or employee of the applicar t? ❑ YES NO If "YES", enter the following information for each person (Attach additional sheets if necessary) :Name . r Office held Dateof offira Amount and nature of interest In premises ! Posi:•ron with applicant 1 1 ~ I 1& Is any person w`io has an Interest of more than 10% in the applecant9 business either married or related in the first de~ree to e a person who has been convicted of a felony, criminal fraud or a crime of moral turpitude? ❑ YES NO: OR ee public officer who has any interest, director indirect, either as the owneror lessor of the premises where bingo games vdll he played? ❑ YES NC, If "YES", enter the following Information for each person fAitaah additional sheets If necessary.) Name'.... Amount and naturoof Interest in business Relationship Explain r. 19. Enter the following information for ONE person who may be contacted during business hours for records or information about the applicant. - •Name. ~a.Ya::.d. x+.."..-wr'u'+e.ti L. t..,...< Title ....v:._1s.YL.BG..c.:.. c...: L;.. ~~11 &h 30, NJ ir el ii I If Address vl 't S QaX &4 Ci ty State Zip code _ one (Area code and number) De,1~. TX I 7rrao J ; g1-2 - 32 7 -Qe3,J` 20, If the applicant is not iisole owner, enter the following information for all partners OR all corporate officers and directors.!' (Alto-h additional sheets ifescsssary.l - - - - s'''i QMOehed Address City State Zip code 1 7, 1 r Rap Sex+ De • o Driver's i'rcma (State & no~ t of 61nh --r i % ~•}f'♦~. ` lit ky}•Y~ f ! r l~. , 11 i > ~ i nte,~.4::~*« uAwgkllEti~esl~.v~tR.Xi.?ad : Address City State Zip trade v r IPA 1 o Race Sex Date of birth Drivers Iipnsa (State no. A 1. ~T ...r• .i~T ► ,r7. a'TY.!. a~ # t r1, t 1~l Address City State Zip code • Reel jSsx Date of births Drivers license (Sate &no. ol. 21. 11 the 2ppllcant is •solepwner,~ntarthe followfnginformation r...~ : a'..•, w.1si:5.C•:: . s.;ui+. Race{ Sex Date of birth) Drivers license (State & no.1l~~ 22. LICENSE FEE • Payment of $10 license fee must be submitted with application. (See tnatrretfons) Payment reoilNd S El YEs. D NO r y~ ' f, Y/ LOl.: r•.<.:"S.Y.JY 4rnLLael.~L~LL NO ✓ni~41'. 2J.'Theundersignedherebyartrfy'tthot!opusofthinappfia6onhavebeensentt4I &f is CeEy `Girt!rr ~7. 1 ..T and to the Office of the Attorney General 0d thot'elf statements In this appfiation snd any attachments thereto are true and correct to the brat of my knowledge antd belief. afeL.ei ~(Ins,,tamispf (t!>ftOfQfQlia[irie.v.: de+.~%'si n iOkOWfIMrt>/rttMrG<OffiCef. a ~so-..a.i a~ 0 :r~/5a /~rCO Sir 1 .hrre~~~Ctl.r2~c+✓ 4r1t MMoof Willi OL6fTrt7a6w".tY'~,i'✓:.s '~•s r.w t7e 0ffloeef~.r~.a a:.:_ •.,d~r►Yda..',>vr.?,'ssa. t ~Oslleir.lY~'r ~..,.:~.1~'i• °(Rp!!s r Field aff" number E.0., s `a ' +.F,l st.•. . " r + Reeeiot rwmber . + Dete ore, , a.. ` 1t"u r_ I "K'4.Z , '1" , ii hl. ~i. r 'r , %t•~"' 1. wit ill 1 i FIRST STATE SANKwvcr ti ~ GEMON.TEfAS ro MOP o~z r as 010 -1 zx0 t~A Y r ~~'C 03 O cwyc C "'000 ~ j e of _ I I I i I~I C5 I 4A c~ CD I o d a C ~ ~ ~ `0 . THE STATE OF TEXAS KNOW ALL MEN BY VOL THESE PRESENTS: COUNTY OF DENTON OLW R192 THAT GOLDEN TRIANGLE DEVELOPMENT CORPORATION, acting by and through its President, Joe A. Belew of Denton County, Texas , In consideration of the sum of TEN AND N01100 ($10.00) DOLLARS---------- and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it Situated in Denton County, Texas, Rxtw described as follows: 8mmewAbstma"a All that certain lot, tract or parcel of land lying and being situated i the City and County of Denton, State of Texas, and being part of the A.N.B. Tompkins Survey, Abst. No. 1246, and being parts of Lot: No. 1 through 15 of the James Dougherty Addition, an addition to the City/Coon of Denton, and also being the tract of land conveyed from the Estate of James H. Dougherty to Metroplex Golden Triangle Development Co., d/b/a Golden Triangle Development Corporation by deed dated 7/27/82 and record in volume 1155, Page 864 of the Deed Records of Denton County, Texas, an more particularly described as follows: , Being the southeast 12 feet of Lot 5 and the northwest 10 feet of Lot 6 and being 156.98 feet in length at the common lot line and containing 3697.1 square feet of land more or less. SAVE and EXCEPT the Grantor reserves herein an easement for purposes of ingress and egress for the property owners of the adjoining property together with the right to improve said easement with a hard surface such as asphalt and concrete. And it is further agreed that the said Golden Triangle Development Corporation . In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of installing and maintenance of utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said utilities r emy part thereof. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premises above described. Witness my hand , this the 1mfday of A. D. 1993 ATTEST: GOLDEN TRIANGLE EVELOP T CORPORA TION a V. . trange-, S retary a A. Belew, Ptesi.dent, fC~P~l9S~3f _ ~fYL-l~'ffi~S"i- 1Fm@'S'L!'~TL[»TS'S SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.. BEFORE ME, the undersigned authority, in and for said County, Tcxa,, on this day personally appeared. - - - - - - - - known to me to be the person . _._whose name... subscribed to the foregoing instrument, and acknowledged to me that he . executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of_____.___ A.D. 19._.._ Note,y Public, __----------......--County, Texas My Commission Expires June 1, 19_-___. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, + BEFORE ME, the undersigned authority, COUNTY OF..____...._.. r in and fcr said County, Texas, on this day personally appeared.... - - - - _ known to me to be the person -----whose name subscribed to the foregoing instrument, and acknowledged to me that he.-_. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day A.D. 19 f L.S.) Notary Pablie, County, Texas 1?y femmissdnn Expl.-es Jura 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, t C(;,IJNTY OF UENTON f BEFORE ME, the undersigned authority, in and fors ' r~ Joe A Belew President.. of Golden . +$p~-tv on this day personally ap)eore~,... Trian nt Cor oration . ' h S know r to m= to be thr. person and otRccr ,kert and acknowledged to me 6a-. the same was the act of the saN i hose 13 s cri ,o ration riot r~. ase ei fopme ~ pt nCorr a cor rat h 4oi the same ni the act of such corporation for the pi.rpc^c, snd consideration therein expre A, n ps q e n stated. I N M} D AND SEAL OF OFFICE, This /4e. day o - L ey i~ I a .I Kathy Allen _ _ Li= .~__'ap rL' WoaN 1?ubllo state OfN~e ry lfe, acid f The.. State. 0 qq L _b"tsaTYlgS Texas My ('..rnmisslosl Expires Msymy~Commis3fon Expires June 1,19_...-._ CLERK'S CERTIFICATE THE STATE OF TEXAS, , County COUNTY Of vo Clerk of the County Court of "d County, do y #0 the foregoing instrument cf writing dated an the day of_._ with its Certificate of Autl7enticatlor, was filed for record in my office on the. Of. j .bVisL ~S mN , A. D 19.... , at. ......o'clock... M., and duly recorded this..... da of.. 5;M; '6-of gook. 'A. D 19 _ at.....o'clockM., in the %M Ox jrA ......................................ds of Bald County, in Volume...--- - on pages ............s r WITNESS MY HAND A4 + O W8 .#i County, at office in...._..,.... a t J last ~ve written. tll.................. he~da arxn':?'-.:. . . C k .......County, Texas. w ! i E ;d ~I H E I i ~ r ~ ~ d a ~ gay {E i (~o( C Ae a~ i, i R aC V V d i E-4 ' oyb 1x83 ~ tf1~~ 1 J 9 322 If War x' I P'. i -t cO~ 9 y ! fd I I. I: y I 1:: 1 1 i; - i z Ow o'. l s~~ I LL ~o,:. k ( 9 R E S O L U T I O N WHEREAS, the City of Denton, Texas has heretofore and authorized the extension and improvement of Windsor Drive; and WHEREAS, such stre:t extension and improvement requires the use of a portion of the land presently used as Evers Park; and WHEREAS, the conversion of park land to other uses requires the replacement of such land for continuation of federal funding for park development; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Denton hereby authorizes the purchase of land in accordance with the Contract of Sale attached hereto, 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 B.B.B. & C.R.R. Co. survey, Abst. No. 1136, and I also being part of a tract of land as conveyed to Bob E. Tripp and David E. Tripp, Trustees by deed dated December 29, 1979 and recorded in Volume 996, Page 376 of the Deed Records of Denton County, 'texas, and more particularly described as follows: BEGINNING at the most southerly northeast corner of said Tripp tract, sage being the southeast corner of Evers Park as described in deed recorded in Volume 596 page 560 of the Deed Records of Denton County, Texas, said point also lying in the west right-of-way line of North Locus: (F.M. 2164); THENCE north 88032115" west, along an existing chain link fence for approximately 350 feet and continuing for a total distance of 440 feet to a point for a corner; THENCE north 40018137" west a distance of 234.47 feet to a point for a corner; THENCE north 0006142" east passing at approximately 123.61 feet a corner post of a chain link fence and continuing along said bearing and fence, passing at 232.37 feet the south right-of-way line of Windsor Drive as described in deed recorded in Volume 116' page 100 of the Deed Records of Denton County, Texas, passing at 295.97 feet the north right-of-way line of said Windsor Drive and continuing for a total distance of 885 feet to a point for a corner, said paint lying in the south boundary line of a tract deeded to the Denton Independent School District by deed recorded in Volume 11400 Page 234 of the Deed Records of Denton County, Texas; THENCE north 89059103" east along the south boundary line of said Denton Independent School District Tract a distance of 1.91 feet to a point for a corner, said point being the southeast corner of said D.I.S.D. tract, said point also lying in the west boundary line of said Evern Park traotj PAGE ONE r ' THENCE south 0001130" east along the Fest boundary of said Evers Park a distance of 751.39 feet to the most northerly southwest corner of Evers Park; THENCE south 37031129" east along the southwest boundary line of said Evers Park a distance of 390.5 feet to the southerly southwest corner of said Evers Park; THENCE south 87043109" east along the south boundary line of said Evers Park, a distance of 35U feet to the place of beginning and containing 0.55 acres of land more or less. from the Bob E. Tripp, Trust No. 2 to be used as part of Evert; Park and the Mayor is hereby authorized to execute said Contract of Sale and other documentz; necessary to such conveyance. PASSED AND APPROVED this the 1 day of J-&nvarp, 1983. CITY 0 DENTON, TEXAS ATTEST: DDnn HA T ALLEN, T SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 10-41.PAGE TWO ~A A.%-WARRANTY DEED-Witt Gen" vW CorponSm Adwowkdff a to MARTIN Su"er7 Cm, DeUe, ,THE STATE OF TEXAS, Know All Men By These Presents: COUNTY OIt..:....PEK-ON.................. _ That BOB E. TRIPP and DAVID E. TRIPP, TRUSTEES FOR THE BOB E. TRIPP TRUST NO. 2 of thA County of Denton , State of Texas for and in consideration of the sum of --------------------TEN AND N01100 ($10.00)-------- DOLLARS, and other good and valuable consideration to them ahand paid by the City of Denton, Texas, a Municipal Corporation, the receipt of which is hereby ,acknowledged, have Granted, Sold and Conveyed, and by these presenu do Grant, Sell and Convey unto the said City of Denton, Texas, A Municipal Corporation of the County of Denton , State of Texas Ia1134} OBM All of the following described real property in Denton County, Texas, to wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the B.B.B. & C.R.R. Co. survey, Abst. Noe 186, and also being part of a tract of land as conveyed to Bob E. Tripp and David E. Tripp, Trustees by deed dated December 290 1979 and recorded in volume 9961 Page 376 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the most southerly northeast corner of said Tripp tract, same being the southeast corner of Evers Park as described in deed recorded in Volume 596 page 560 of the Deed Records of Denton County, Texas, said point also lying in the west right-of-way line of North Locust (P.M. 2164); THENCE north 88032115" west, along an existing chain link fence for approximately 350 feet and continuing for a total distance of 440 feet to a point for a corner; THENCE north 40018137" 'rest a distance of 234.47 feet to a point for a corner; THENCE north 0006142" east passing at approximately 123.61 feet a corner post of a chain link fence and continuing along said bearing and fence, passing at 232,37 feet the south right-of-way line of Windsor Drive as described in deed recorded in Volume 1167 page 100 of the Deed Records of Denton County, Texas, passing at 295.97 feet the north right-of-way line of said Windsor Drive and continuing for a total distarce of 885 feet to a point for a corner, said point lying in..the soath boundary line of a tract deed4 to'the Denton independent' school District by deed recorded in Volume 1140, Page 234 of the Deed Records of Denton County, Texas; THENCE north 89059103" east along the south boundary line of said Denton Independent School District Tract a distance of 1.91 feet to a point for a corner, said point being the southeast corner of said D.I.S.D. tract, said point also lying in the west boundary line of said Evers Park tract; THENCE south 0001130" east along the west boundary of said Evers Park a distance of 751.39 feet to the most northerly southwest corner of Evers Park; THENCE south 37031129" east along the southwest boundary line of said Evers Park a distance of 390.5 feet to the southerly southwest corner of said Evers Park; THENCE south 87043109" east along the south boundary line of said Evers Park, a distance of 350 feet to the place of beginning and containing 0.65 acres of land more or less. r 1 TO HAVZ AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the sail City of Denton, Texas, its successors ldmand assigns forever; and it /doMereby bind itself, its successors lttlM executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas, its successors Wfk and asaigmt against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our hand at Denton, Texas this day of A.D. 19 83 Witnesm at Request of Grantor: BOB E. TRIPP, TRUSTEE DAVID E: •PRIPP, TRUSTEE r,. 6 tAl `O V (k A` y j. 5 F~ f ti Fp; r Fr till I •r^r ~r~ n .rd~ xa f• S.~ 1 i , ty 1.•. ef' ~ - ~ y.a l•,r > ' 1 N0. AN ORDINANCE REGULATING 'THE OPERATION OF EMERGENCY AMBULANCES AND TRANSFER AMBULANCES 114 THE CIZY OF DENTON, TEXAS; AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES BY ADDING THERETO A NEW ARTICLE V REGULATING EMERGENCY AMBULANCES AND TRANSFER AMBU- LANCES, FEGULATING ATTENDANTS AND DRIVERS OF AMBULANCES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAIIS: SECTION I. Chapter 26 of the Code of Ordinances of the City of Denton, Texas is hereby amended by adding thereto a new Article V read- ing as follows: ARTICLE V AMBULANCES Section 26-65. Definitions Section 26-66. Emergency Service by Fire Department Section 26-67. Private Emergency Service Regulations Sectior. 26-68. Transfer Ambulance Service Regulations Section 26-69. Attendant/Drivers Regulated Section 26-70. False Statement of Emergency Section 25-65. DEFINITIONS. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section: (a) ATTENDANT/DRIVER means a person who is qualified to care for a patient transported by a transfer ambulance and who is also qualified to drive a transfer ambulance. (b) CHIEF OF POLICE means the chief of police of the City of Denton or his duly authorized representative. (c) CITY means the City of Denton, Texas. (d) DIRECTOR OF PUBLIC HEALTH means the director of the department designated by the city manager to enforce and administer this article or the director's authorized representative. (e) EMERGENCY means any circumstances that calls for imme- diate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential PAGE 1 r ~r• to the health or life of the person. Such circumstances include, but are not limited to, accidents generally, traffic accidents, and acts of violence resulting in personal injury, and sudden illness. (f) EMERGENCY AMBULANCE means any motor vehicle especially designed, constructed, equipped, and used for transporting the injured or sick in answer to an emergency call. (g) EMERGENCY CALL means any request 1'or ambulance service that is made by telephone or other means of communication in circumstances which are, or have been represented to be, an emergency and requiring immediate ambulance service. (h) EMERGENCY RUN means the emergency ambulance trip to the place where the emergency exists, or from the place of such emergency to a hospital, medical clinic, or other appropriate destination for the patient. (i) FIRE DEPARTMENT means the fire department of the City of Denton. (j) OPERATOR means any individual, firm or corporation engaged in the business of transporting the injured, wounded, sick or dead and using the streets of the city for such purpose. (k) STREET means any street, alley, avenue, boulevard, drive or highway commonly used for the purpose of travel within the corporate limits of the city. (1) TRANSFER AMBULANCE means any motor vehicle constructed, equipped and used for transferring the injured or sick under circumstances which do not constitute an emergency and which have not been represent.cd as an emergency. Section 26-66. EMERGENCY SRVICE PROVIDED BY FIRE DEPARTMENTi FEE. (a) The fire department of the city shall provide emergency ambulance service within the city. (b) The city shall charge the following fees for emergency ambulance services in the city provided in response to a call PAGE 2 received by the fire department requesting the services: 1. $70.00 per person for the transport of a persun from any location to a hospital; end 2. In addition to the above, $1.00 per mile per person shall be charged fcr the one way distance traveled beyond the jurisdictional limits of the County of Denton for the transport to or from a location outside the County of Denton. (c) The persun receiving emergency ambulance service and any person contracting for the service shall be responsible for payment of the fee. In the case o1` service received by a minor, the parent or guardian of the minor shall be responsible for payment of the fee. Section 26-67. PRIVATE EMERGENCY SERVICE REGULATIONS. (a) It shall be unlawful for any person, either as owner, agent, or otherwise, other than a member of the fire department, an agency of the United States or the State of Texas, to furnish, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the operation of emergency ambulance service, uFon the streets, alleys, or any public way or place within the city, for the purpose of picking up patients within the city; except in the following circumstances: 1. It shall iot be unlawful for a person operating a transfer ambulance in the city, upon responding to a direct call for nonemergency transfer ambulance service, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the fire alarm dispatcher and requesting permission to make an emergency run, when a deter- mination is made by the transfer ambulance attendant that ar emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital. 2. It shall not be unlawful for any person operating a transfer ambulance in the city, who is performing the service of maintaining an ambulance at a particular location for a sporting event, to operate such ambulance under emergency conditions, using emergency equipment, after notifying the fire alarm dispatcher and requesting permission to make an emergency run, when a determination is made by the transfer ambulance attendant that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital. PAGE 3 3. It shall not be unlawful for any person to operate an emergency ambulance to a hospital within the city, if the place of emergency at which the sick or injured person was picked up by such ambulance is outside the city limits and the ambulance making the emergency run is licensed and operated in accordance with Article 459b, V.T.C.S.; provided, that the operator first notifies the fire alarm dispatcher of the route over which the emergency run will be made. 4. It shall not be unlawful for any person to operate a transfer ambulance in the city on an emergency can when fire department ambulances are not avail- able, and the fire alarm dispatcher requests the operator to furnish back-up emergency ambulance service for the fire department. (b) Any person operating a transfer ambulance in the city who makes an emergency run under the provisions of subparagraph (1) or (2) above, shall within ten (10) days of each such emergency run, submit to the director of public health, a report on a form provided by him, which shall describe the circum- stances requiring the emergency run. Section 26-68. TRANSFER AMBULANCE REGULATIONS. (a) No person shall operate or cause to be operated for patient pickup in the city any transfer ambulance without first having complied with the following requirements: 1. Each vehicle shall be supplied with a first aid kit and emergency equipment required by the Texas Department of Public Health and approved by the local trauna committee of the American College of Surgeons. 2. Each vehicle must be accompanied by two attendant/drivers who are currently certified by the State of Texas as emergency care attendants or emergency medical technicians. 3. Safety mechanisms of the vehicle must be operative and in good repair; including but not limited to headlights, taillights, turn signals, brakes, brakelights, emergency lights, windshield wipers, wiper blades, handles opening doors and windows, tires and spare tire. (b) No person shall. operate or permit the operation of a transfer ambulance on any emergency run or in response to any emergency call nor with the use of emergency lights and siren, unless requested to do so by the fire alarm dispatcher in case of a major catastrophe. PAGE 4 Section 26-69. ATTENDANT/DRIVER'S REGULATIONS. (a) No person shall drive a transfer ambulance or act as an attendant of a transfer ambulance without first having complied with the following requirements: 1. Each driver or attendant shall currently .old a valid Texas chauffeur's license. 2. Each attendant shall currently be registered by the State of Texas as an emergency care attendant or emergency medical technician. 3. No driver or attendant shall have a record of final conviction of a felony or a crime involving use or possession of narcotics or operating a vehicle under the influence of drugs or intoxicating liquor or driving while license has been suspended within the five year period immediately preceding his or her employment. Section 26-70. FALSE STATEMENT OF EMERGENCY. It shall be unlawful for any person to willfully inform the fire alarm dispatcher, police dispatcher or other fire or police official that an ambulance or more than one ambulance is needed at a location or address v-hen such person knows that such statement is false. SECTION II_ This ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the day of , 1983. CITY 0 DENTON, TEXAS ATTEST : a&== HAR A L , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYt `s PAGE 6) ' ~ 1 • ~ ~ , / ~ A a ~~~a \t ~ ~ ~ `'4 W v ~~~f P`~ °;,f ~ h P r, ;i a R rl `~g' ' , ~r !77 ( , ~~y 1AQ~ • f f ll f y "~V ,~,i~~K'F l f (7 1i`+PF~~ d'. ~ ad 'aPi ~ ~ ' , u S ~ ° t ' ° P. ~ r 4 a~!t t 4(S .i,. i~ rm. A.f ~2 il~~.c.~ S°~ .~L. i'7,~ .c, NO. ALL AN ORDINANCE PROHIBITINf THE PARKING 01' VEHICLES ON THE SOUTH SIDE OF SAWYER STREET FROM ITS INTERSECTION WITH AUSTIN STREET TO ITS INTERSECTION WITH LOCUST STPLE'P; PROVIDING A SEVERABI.LITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING A14 EFFECTIVE DATE. THE COUNCIL OF THE. CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton to-wit: The south side of Sawyer Street from its intersection with Austin Street to its intersection with Locust Street. SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necessary to stop a vehicle to avoid conflict with ether traffic or in compliance with the direction of a police off..cer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle in v?olation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV_ That if any rection, subsection, paragraph, sentence, clause, phrase or wood in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding ahall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalit,ity. PAGE ONE SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the C.ty Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1983. R4GH ArK Z ;-loD~YOR' CITY 0 DENTON, TEXAS ATTEST: -A *1,65TE M - CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. .7. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 307L PAGE TWO ate., , w a i '.,'°F~~~~ ~E~~ d Z";L~...1.~,~ +jMti.."T t'»~~ ~F?~:•. i, ~~i P 4sg { ,,r~` 3~ y-r.~" °~~~i j NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE SOUTH SIDE OF THIRD STREET FROM ITS INTERSECTION WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION I. When, signs are erected giving notice thereof, no person shall park a vehicle at any time upon the following street. in the City of Denton to-wit: The south side of Third Street from its intersection with Elm Street to its intersection with Locust Street. SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of stree;.s designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if a.ay section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PAGE ONE fyyyy 4H~ 1. SECTION V. That this ordinance shall become effective fourteen (14) days frog, the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1983. 'I1C7eA CITY 0 DENTON, TEXAS n/Ld ~-GIZC.~ G ATTEST: 'CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 307L x: PAGE TWO t , fi ~.U I e. { NO. AN ORDINANCE REPEALING THE NO PARKING ZC`, IN THE 1200 BLOCK OF ELM STREET TO ALLOW THE PARKING OF VEHICLES ON THE EAST SIDE OF' ELM CTREET FROM ITS INTERSECTION WITH SECOND STREET TO ITS INTERSECTION WITH THIRD STREET; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORLAINS: SECTION I. All ordinances prohibiting parking on: The east side of the 1200 Block of Film Street from its intersection with Second Street to its intersection with Third Street. are hereby repealed PASSED AND APPROVED this the day of , 1983. CITY DENT N, TEXAS ATTEST: e CHARLOTTE ALLENj, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLORf JR.r CITY ATTORNEY CITY OF DENTON* TEXAS BY: -06\- . 308L PAGE ONE ~t ,r r T „r {+~~1 r S' r~. Y ro la r _ t~f S~Mt~ t~♦ ;~,k t a 'r ~ ,~y j~`gL°d5 L' ~~n sq '~i~r r ~ r~...tZ rtA ~ ~ e~,S > ' V ~~y x E?.~~ r P 1 1 I~ °r ~~y}, r" l 'k 1 vyra'o,r rvi^, ~ 't. °l sf ~t ~ a Form 20014 8%76 0 JSW- Wire Line: DENTON, TEXAS City of Denton MP WIRE LINE LICENSE THIS AGREEMENT, executed in duplicate , this 16th day of February , 19 83 , by and between MISSOURI PACIFIC RAILROAD COMPANY , a Delaware corporation, hereinafter called "Carrier", to be addressed at 210 North 13th Street, St. Louis, Missouri 63103, and CITY CIF DENTCN, TEXAS a municipal corporation ofoMboo33M hereinafter called "Licensee", to be addressed at Municipal Building, Denton, Texas 76201 , WITHESSETH: NOW, THERPFORE, in consideration of the prsmises and of tle^ covenants and agreements hereinafter contained, it is agreed: 1. Carrier hereby grants, brit on solely the herein c:oressed terms and conditions, and Licensee hereby accepts, permission to fns^.all, Keep, and use :he Licensee's own one (number) certain proposed aerial 13.2K'., power (proposed or existing) (aerial or underground) (designation) (power or telephone) line and, also, every additional wire hereafter included therewith, and appurtenances, xHp {xJ*)w 70(____-_.____________________ , herein called "Wire Line", on the Carrier's property, herein called "Premises". Wire Line shall intersect Carrier's track Ak at Mile Post 205.85, Engineer's Chainage 7@t~{1~Q9 (119fkX------ (track or right,of way) Station 10868+78 , Denton County, Texas at or, near ''Renton Approximate location of Wire Line is'indi-. dated by ; heavy black line on Exhibit A attached hereto as part hereof, The license and permission herein granted (a) are.limited,to such,title and rights as`the Carrier may have in the Premises concerned, and the Licensee shall secure such permission as may be necessary on account.of any other existing rights in any third party (including,'without limitation, rights of tenants, subtenants licensees,,, and others occupying or using the Premises conceed with Carrier's permission and (b) are granted without any warranty, express or implied. Licensee hereby agrees to exercise the herein granted rights in such a manner as not to interfere in ary way with any existing prior rights., Licensee hereby agrees that no damages shall be recoverable from Carrier because of any dispossession of Licensee or because of any failure of, defect in, ox extinction of Carrier.'s title. 2. Licensee shall furnish or do at Licensee's own cost and responsibility ar,y and a11' things and when and as from time tc time reTuired to accomplish wbatsoever the Licensee.., att6mpts'or is, bound to do at-any, time hereunder. Licedsee.shall adjust Wire Line to any` `physical,'change as made at" any time in any of Carrie'r's property; at all times keeping. lowe$t-conductor of Wire Line, if aerial, the applicable statutory clearance above the top of 'rail or.the:'minimum clearance above the top of rail prescribed by the than pyesentl' National ilectrical Safety Code for' the, type of construction, cJppert Apacing, and voltage of Wire Li;e;:whichever is greater, with the cohductoYa operating at the maximum temper •ature permiEted by the Licensee; and $11 guy,or mesunger.or.communication wires are to be At, least feet Above the;tbp of rail. 'If'undergro+ind, Wire Une'sbalt'be at least > four and §ne~half fart bel0u the bottom of rail thereoverand"'at least three feet beneath surface of ground beyond bafta9t section. Licensee: shall, caust Z Form 20014 &/76 Wire Line to conform to the requirements of the then present National Electrical Safety Code of the Bureau of Standards, Department of Commerce, United States of America, except as otherwise hereinabove provided, and where underground Wire Line carries voltage in excess of 220 volts Licensee shall place suitable signs on surface of Carrier's property to indicate location and voltage of said Wire Line. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may, acting for Licensee, furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken ty Carrier at Licensee's request. Without limiting the generality of any of the foregoing, Licensee authorizes Carrier, at the cost and on behalf of Licensee, to furnish and provide such protective services, devices and structures, as Carrier may deem necessary, in order to promote the safety of Carrier's operations, employees and property during or incident to the installation of Wire Line. Licensee on request shall, in advance, deposit with Carrier the estimated cost of any of the foregoing. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. X313 Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives. No pro- visions of this paragraph, nor approval by Carrier of .-iy of Licensee's undertakings, shall relieve Licensee of any responsibility or liability. 30. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all, claims, suits, damages, costs (including attorneys' fees), losses and expenses in any manner resulting from or arising out of or in connection with the installation, maintenance, renewal, repair, use, existence or removal of Wire Line, and (b) assume all risk of loss or damage to Wire Liae regardless of how caused and regardless of any negligence on the part of Carrier,' or otherwise. 4. If the operation or maintenance of W`.re Line shall at any time cause interferencep including but not limited to physical interference, from electromagnetic induction, elec- trostatic induction, or from stray or other currents, with the facilities of Carrier or of any lessee or licensee, or in any manner interferes with the operatic.n, maintenance or use by, Carrier of its right of way, tracks, structures, pole lines, signal and communication liiies,,radio or other equipment, devices, ether property or appurtenances thereto, Licensee:' agrees,,iq,medlately to make such changes in its own lines and furnish such protective devices to Carrier and its lessees or licensees as shall be necessary in the judgment of Catrier's representative to eliminate such interference. The cost of such protective equipment and its installation shalt be borne solely by the Licensee. it is o the event that the methods above set forth fail to eliminate such interference, and ' deemed necessary by the proper officer of Carri..r having jurisdiction therein that any or all facilities of Carrier or of any lessee or licensee thereof shall be re- " located, reconstructed or otherwise changed, the entire cost of'such changes shall be borne by the Licensee.. r The',cur'rent due to electrostatic effects shall not exceed 5.0 milliamperes, rms, if any autobobile carrier or other railroad car under Wire Line is short circuited to Form, 20014 8%76 ground. In the event it is determined that such current, at any time, exceeds 5.0 milli- amperes, ms, Carrier s',911 have the right to require such installation or modification as may be necessary to reduce the current to 5.0 milliamperes, rms, or less, and the entire cost of the installation or modification shall be borne by the Licensee. If, in Carrier's opinion, changes in its property make it impractical or unsafe to continue the Wire Line on Carrier's property, Carrier shall havd the right to terminate this agreement on written notice to Licensee. 5. Term hereof, shall begin with the date first hereinabove written, and continue. thereafter until concluded (Ist) by expiration of thirty days following serving, by Licensee on Carrier, or vice versa, of written•notice of intention to end'teria'hereof' or (2nd), at Carrier's election without further notice, by expiration of six months without the Wire Line having been installed or by Licensee failing to cure any default within thirty days following written request therefor. Any notice of Carrier shall be deemed served uben posted conspicuously on Wire Line or when deposited, postage prepaid, in U. S. Mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove dire Line and restore Premises. Any of Wire Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; pro- vided: no right of Licensee shall be transferred or assigned, either voluntarily or 'involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right aris-ing from, any subsequent default. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the :day'and year'first hereinab6ve written. MISSOURI PACIFIC RAILROAD COMPANY ~1ITNESSESs . 8 neralManage ' P1 u Ger ' A'FTSST! CITY OF DENTCN, TEXAS r' jog a 4e, c %SepretAty By 3 (IlffiK ,Seal)` y r ' wtMSSES 84 _ 3 _ i.rrr. ' O OC d v'• a o 10 R " C Q co m Of Y Y1~ d i d ~ h vjl• , ~ I~.. O G• M r' , fD + a•' ~y CN, e0 OD.., r7 1~ , co %r p co tlO t. aD I q O a f O i O .O A I r n CIO 0 t0 • 43 EC 3sD' ° 1 _ v+r 1380 ir- • - _ t Y_ ~ ~ GCS IO`i1.1L;•I.a _ V 13.'L iV Qat'f,C, ~ ~ ~Otr~ r uf. CIC~ftwC~ Y\ x V F 141 rn ~ O L Fc V ` z 2s A u Q S 1 Pole ~.k r~ r KOM. MISSOURI PACIFIC RAILROAD COMPAN TEXAS DISTRICT ~R44SSa1CT10F)__.r~p S'Ci~E.Ic; RED RIVER DIVISION 1 {QOM` DWYILE LS1►Q CQOSS 1x10 ' 1 I ~'I"t if t~T ~ E x~ C,•L 1 C X10.S . 1 ~ ~YS~~ L~~ Mz*`.r:Qt~s'T 2.~s . Q'a ~`Ft w~2 'Z1. LY OFFICE OF DISTRICT ENGINEER - SPRING, TEXA S SCALE r 1. DRAFTS LATE 2_-1S_ FILE NO. Alexander Grant & COMPANY MEMBER FIRM CERTIFIED PUBLIC ACCOUNTANTS OAANT THORNTON INTERNATIONAL February 15, 1983 Mr. W. H. McNary Firemen's Relief and Retirement Fund Municipal Building Denton, Texas 76201 Dear M . McNary: Thank you for meeting with us to discuss the requirements of our forthcoming engagement. We will make an examination of the Statement of Net Assets Available for Plan Benefits of the Firemen's Relief and Retirement Fund, City of Denton, Texas as of December 31, 1983 and the related Statement of Changes in Net Assets Available for Plan Benefits for the year then ended. Our examination will be made in accordance with the generally accepted auditing standards adopted by the American Institute of Certified Public Accountants and will include tests of accounting data and procedures we consider necessary under the circumstances. The objective of our engagement is the completion of an examination of the financial statements referred to above and, upon its completion and subject to its findings, the expression of an opinion on such financial statements. An examination made in accordance with generally accepted auditing standards is subject to certain limitations and the inherent risk that errors or irregular- ities, if they exist, will not be detected.. However, if, during the course of our examination, we become aware of such errors or irreg- ularities, we will bring them to your attention. Should you then wish us to expand our normal auditing procedures, we will be pleased to work with you on developing a separate engagement for that purpose. We expect that our fee for this engagement will be approx- imately $3,100. Our billings for the services set forth in this letter will be rendered for payment on a monthly basis so that you may readily relate our charges to the work performed. This engage- ment includes only those services specifically described in this letter. Representation before government or other regulatory bodies will be billed to you separately. 1800 ONE DALLAS CENTRE DALLAS, TX 75201 (214) 748.6100 Mr. W. H. McNary - 2 - February 15, 1983 If you are in agreement with the terms of this letter, please sign one copy and return it for our files. We appreciate the opportunity to work with you and continue our pleasant association. Very truly yours, "7 LAJobe Js Enc. The foregoing letter fully describes the services required and is accepted by us. FIREMEN'S RELIEF AND RETIREMENT FUND CITY OF DENTON, TEXAS Date J W. McNary ~ a 4 ~r ~ ~ e w ~ J Jai y - 4 jj ♦ ♦i t %o f, h ¢k✓4 4~. t t, r, ii°~y. vr,R"J „r + SAN ny. .4~ i ~«i",k'~r,t'.jr•. ~ -a.. {l 'a e~n'~-12 < t~ i !e ;~~~{s,.4f i ♦ .i+• $ {T 1 PP.C♦}'ro r ~ `R y ~Y R i° r. +.Y {.,;i ~,A`-~ x' NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A TWO PERCENT GROSS RECEIPTS TAX ON RECEIPTS FROM THE CONDUCTING OF BINGO GAMES IN THE CITY OF DENTONr TEXAS AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Chapter 22 of the Code of the City of Denton, Texas is hereby amended by adding to Chapter 22 a new Article III reading as follows: ARTICLE III BINGO GROSS RECEIPTS TAX Section 22-31. Bingo Gross Receipts Tax An annual Gross Receipts Tax of two percent (2%) on the gross receipts on the conducting of bingo games within the City of Denton, Texas is hereby levied and shall be collected from every person conducting bingo games in the City of Dentonr Texas in acco-dance with the provisions of Article 179d of the Revised Civil Statutes of Texas. SECTION II. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this the / 'day of February, 1983. r CITY F DENTON, TEXAS ATTEST HAR T'IE ALLEN,', CITY SECRETARY CITY OF DENTOy, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JA., CITY ATTORNEY CITY OF DENTON, TEXAS l_.r, h w . ~g1A 7 1 1 1 1 1 I 1 R E S O L U T I O N WHEREAS, the City of Denton, Texas has heretofore and authorized the extension and improvement of Windsor Drive; and WHEREAS, such street extension and improvement requires the acquisition of the land described herein; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Denton hereby authorizes the acquisition of land in accordance with the Contract of Sale attached hereto, described as follows: Tract 1: All that certain 0.279 acre tract, or parcel of land s tuated in the B.B.B. 6 C.R.R. Co. Survey, Abstract No. 186, Denton County, Texas; said tract being part of a tract shown by deed to E. D. Headlee and recorded in Volume 878, Page 564 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein at an iron pin set in the ground at the northeast corner of said Headlee Tract, said corner also being the northwest corner of a tract deeded to Tex Martin and recorded in Volume 762, Page 484 of the Deed Records of Denton County, Texas; THENCE south 2014159" west 27.13 feet to an iron pin set in the ground on the south line of proposed Windsor Drive; THI3NCE north 88027127" west with the south line of said proposed road 442.62 feet to as iron pin set in the ground on the west lime of said Headlee tract and the east line of a tract deeded to B. M. Ennis and recorded in Volume 1001, Page 542 of the Deed Records of Denton County, Texas; THENCE north 02014159" east 27.71 feet to an iron pin set in the ground at the northwest corner of said Headlee tract; THENCE south 88022157" east 442.61 feet to the point of beginning. TRACT 2: All that certain 1.046 acre tract, or parcel of land situated in the Thomas Toby Survey, Abstract No. 12881 and the B.B.B. 6 C.R.R. Co. Survey, Abstract No. 186, and the N. H. Meisenheimer Survey, Abstract No. 810, Denton County, Texas; said tract being part of a tract shown by deed to E. D. Headlee and recorded in Volume 8780, Page 567 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein at an iron pin set in the ground at the northeast corner of said Headlee Tract; THENCE south 01012149" west 167.30 feet to an iron pin found in the ground at the northwest corner of Lot 1, Block 2, Section 4 of the Headlee Addition to the City of Denton; THENCE north 88014147" west with the north line of Mesquite Street 49.93 feet to an iron pin found in the ground at the northeast corner of Lot 11; Block 1, Section 4 of the Headlee Addition; PA ,E ONE r . THENCE north 01012149" east 137.49 feet to an iron pin set in the ground on the south line of proposed Windsor Drive; THENCE north 89000132" west with the south line of said proposed road 1040.43 feet to an iron pin set in the ground on the east line of Hinkle Drive; THENCE north 01012149" east with the east line of said proposed road 41.85 feet to an iron pin set in the ground at the northwest corner of said Headlee tract; THENCE south 88020130" east 1050.38 feet to the point of beginning. Tract 3: All that certain 0.068 acre tract, or parcel of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 186, City and County of Denton? Texas; said tract being part of a tract shown by deed to E. D. Headlee as recorded in Volume 878, Page 561 of the Deed Records of Denton County, Texas said tract being further described by metes and bounds as follows: BEGINNING for the northwest corner of the tract being described herein at an iron pin in Old Sanger Road at the northwest corner of said Headlee Tract, being also the northeast corner of tract shown by deed to Tex Martin as recorded in volume 762, Page 484 of said Deed Records of Denton County, Texas; THENCE south 88021158" east 164.83 feet along the north line of said Headlee Tract to an iron pin set at point of intersection with the southeasterly proposed right of way line of Windsor Drive; THENCE westerly 167.99 feet with arc of curve to right whose radius is 570.83 feet to an iron pin set at its intersection with the western line of said Headlee Tract, chord bearing south 82012108" west 167.39 feet; THENCE north 2014159" east 27.43 feet to the place of beginning; from E. Deats Headlee, and the Mayor is hereby aithorized to execute said Contract of Sale and other documents necessary to such conveyance. PASSED AND APPROVED this the 1st day of February,. 1983. R CHAR . S ART, R C TY OOF DENTON, TEXAS ATTEST: F. L EN, ~C T E .T R CITY OF UENTON, TEXAS FfiAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY 4 C. ( - I CITY OF DENTON, TEXAS BYs PAGE TWO THE STATE OF TEXAS § CONTRACT OF EXCHANGE COUNTY OF DENTON S THIS AGREEMENT, by and between E. DEATS HEADLEE, hereinafter called Grantor, and the CITY OF DENTON, TEXAS, a municipal corporation, hereinafter called Grantee; WITNESSETH, that the grantor agrees to grant and convey, and the grantee agrees to accept upon the terms and conditions hereinafter set forth, the following described real property: Tract 1: All that certain 0.279 acre tract, or parcel of land sitT uate 3 in the B.B.B. & C.R.R. Co. Survey, Abstract No. 186, Denton County, Texas; said tract being part of a tract shown by deed to E. D. Headlee and recorded in Volume 878, Page 564 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein at an iron pin set in the ground at the northeast corner of said Headlee Tract, said corner also being the northwest corner of a tract deede%-A' to Tex Martin and recorded in Volume 762, Page 484 of the Deed Records of Denton County, Texas; THENCE south 2014159" west 27.13 feet to an iron pin set in the ground on the south line of proposed Windsor Drive; THENCE north 88027127" west with the south line of said proposed road 442.62 feet to an iron pin set in the ground on the west line of said Headlee tract and the east line of a tract deeded to B. M. Ennis and recorded in Volume 1001, Page 542 of the Deed Records of Denton County, Texas; THENCE north 0201.4159" east 27.71 feet to an iron pin set in the ground at the northwest corner of said Headlee tract; THENCE south 88022157" east 442.61 feet to the point of beginning. TRACT 2: All that certain 1.046 acre tract, or parcel of land situated in the Tho;nas Toby Survey, Abstract No. 1288, and the B.B.B. & C.R.R. Co. Survey, Abstract No. 186, and the N. H. Meisenheimer Survey, Abstract No. 810, Denton County, Texas; said tract being part of a tract shown by deed to E. D. Headlee and recorded in Volume 878, Page 567 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein at an iron pin set in the ground at the northeast corner of said Headlee Tract; THENCE south 01012149" west 167.30 feet to an iron pin found in the ground at the northwest corner of Lot 11 Block 2, Section 4 of the Headlee Addition to the City of Denton; THENCE north 88014147" west with the north line of Mesquite Street 49.93 feet to an iron pin found in the ground at the CONTRACT OF EXCHANGE-PAGE ONE northeast corner of Lot 11, Block 1, Section 4 of the Headlee Addition; THENCE north 011112149" east 137.49 feet to an iron pin set in the ground on the south line of proposed Windsor Drive; THENCE north 89000132" west with the south line of said proposed road 1040.43 feet to an iron pin set in the ground on the east line of Hinkle Drive; THENCE north 01012149" east with the east line of said proposed road 41.85 feet to an iron pin set in the ground at the northwest corner of said Headlee tract; •PHENCE south 88020130" east 1090.38 feet to the point of beginning. Tract 3: All that certain 0.068 acre tract, or parcel. of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 186, City and County of Denton, Texas; said tract being part of a tract shown by deed to E. D. Headlee as recorded in Volume 878, Page 561 of the Deed Records of Denton County, Texas said tract being further described by metes and bounds as follows: BEGINNING for the northwest corner of the tract being described herein at an iron pin in Old Sanger Road at the northwest corner of said Headlee Tract, being also the northeast corner of tract shown by deed to Tex Martin as recorded in volume 762, Page 484 of said Deed Records of Denton County, Texas; THENCE south 88021158" east 164.83 feet along the north line of said Headlee Tract to an iron pin set at point of intersection with the southeasterly proposed right of way line of Windsor Drive; THENCE westerly 167.99 feet with arc of curve to right whose radius is 570.83 feet to an iron pin set at its intersection with the western line of said Headlee Tract, chord bearing south 82012108" west 167.39 feet; THENCE north 2014159" east 27.43 feet to the place of beginning. 1. Grantee is acquiring the real proprty described herein for the expansion and improvement of Windsor Drive in the City of Denton. In consideration of Grantor conveying the property described herein to Grantee, Grantee agrees to pay to Grantor Twenty-Two Thousand Seventy-Six Dollars ($220076.00). The $22,076.00 check received will be endorsed and transferred to the City of Denton for the cost of water and sewer taps and pro-rata of sanitary sewer lines o.i Windsor Drive as shown on the letter dated 12-28-82 from Earl Jones. CONTRACT OF EXCHANGE-PAGE TWO 2. Grantee agrees to install and make all paving, curb, gutter and drainage improvements adjacent to Grantor's property without any improvement assessments being made against Grantor or Grantor's land. 3. Grantee agrees to deposit on Grantor's property any excess excavated material taken or resulting from the street improvement work on the property adjacent to Seller's property. 4. The Grantor agrees to convey to Grantee marketable fee simple title to the property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes except public easements and rights-of-way of record. 5. The irantor agrees to execute and convey by grant deed, wariinti.ng title to the Grantee, the land described 'ierein upon paym(.nt of the amounts specified in 1. above. 6. Grantor warrants that there are no oral or written leases on all or any portion of the property. 7. T! :s Agreement constitutes the entire Agreement between the parties and neither party relies upon any warrants or representations not contained herein. in witness whereof, the parties have executed this Agreement this Zz4--day of gNUc~~ , 1983. E. DE TS HEADLEE GRANTOR .Q DEAT HEA LEE CITY F DEN , TEX S GRANTE BY: IC ARD 0. S E , MAYOR CIT OF D NTON, TEXAS ATTEST y ALLEN CITY SL Y rr CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON? TEXAS BY: C _ CONTRACT OF EXCHANGE-PAGE THREE C i~` . m~ ~ ~ s ~~~c~ n ~ ~ ~ _ ~ c C\ r\ ~ , ~J ~ i