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HomeMy WebLinkAbout10-1983 J 1 i i NO.~ AN ORDINANCE DESIGNATING 619 GROVE STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AS A HIST6F,3C LANDMARK UNDER ORDINANCE NO. 80-30 (ARTICLE 28A OF THE COMPh:`:ENSIVE ZONING ORDINANCE); AND PROVIDING FOR AN EFFECTIVE DATE. i I WHEREAS, the }:_storic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in the City of Denton; NOW, THEREFORE, # THE COUNC~i, OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i ~ SECTION I. " The below described property shall be classified as histor- ical zoning: J ` All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, being Lot 3, Block 1, Woodland Addition, and known as 619 Grove Street, Denton, Texas. ;f is hereby designated as a historic landmark under Ordinance No. 80-30, Article 28A of the Comprehensive zoning Ordinance of the City of Denton, Texas. SECTION II. ' The historic landmark designation hall be indicated upon the zoning map of the City of Denton by the letter "H", and the property herein described shall be subject to all of the terms, provisions and requirements of Ordinance No. 80-30, Article 28A -,p of the Comprehensive Zoning Ordinance of the City of Denton, o Texas. ~ a SECTION III. This ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the day of 1983. M ..3 D, EWART MA R Y OF DE TON, TEXAS 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:~~wvti . x - - / ....12.E NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ~j ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, s AND AS SAID MrP APPLIES TO APPROXIMATELY 33.872 ACRES OF LAND OUT OF THE B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NO. 186, DSNTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SLCTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wit: All that certain 33.872 acre tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 186, Denton County, Texas, said tract being part of a tract shown by deed to B. E. Tripp and recorded in Volume 996, Page 379 of the Deed Records of Detnton County Texas and being more particularly described as follows) COMMENCING at an iron pin occupying the northeast corner of the said B. E. Tripp tract, said point being in the west line of F.M. 2164; THENCE south 00059141" west with the west line of F.M. 2164 a distance of 1,752.01 feet to the point of beginning; THENCE south 00059141" west a distance of 230.27 feet to a point for a corner; THENCE north 87°33' west a distance of 304.64 feet to a point for a corner; THENCE south 80057130" west a distance of d17.36 feet to a point for a corner; THENCE south 00000130" east a distance of 904.77 feet to a point of curvature; THENCE along a curve to the left with a central angle of 23°45108" a radius of 297.76 feet, a length of 123.44 feet and a chord bearing of south 11053106" east to a tangent point; THENCE south 23045140" east a distance of 74.82 feet to a point of curvature; THENCE along a curve to the right with a central angle of 11025114" a radius of 690.03 feet, a length of 137.54 feet and a chord bearing of south 18°03112" east to a tangent point; THENCE south 12020130" east a distance of 145.00 feet to a point for a corner, said point also being a point of curvature; THENCE along a curve to the left with a central angle of 69010103", a radius of 405.00 feet, a length of 488.92 feet and a chord bearing of south 43°04131" west to a tangent point; THENCE south 06027'30" west a distance of 209.42 feet to a point of curvature; Z-1605-SNIDER DEVELOPMENT CORPORATION-PAGE 1 i7724 7 y~ t~ THENCE along a curve to the right with a central angle of 29918'53", a radius of 510.83 feet, a length of 261.36 feet and a chord bearing of south 23008157" west to a point for corner; THENCE north 57058' west a distance of 483.62 feet to a point for a corner; 1 THENCE north 01027119" east a distance of 315.14 feet to a point for a corner; THENCE north 89°33'5)" east a distance of 270.41 feet to a point for a corner; THENCE north 01015'49" east a distance of 1,963.56 feet to a point for a corner; THENCE south 89006111" east a distance of 525.84 feet to a point for a corner; THENCE north 78030141" east a distance of 515.29 feet to a point for a corner; THENCE south 74010102" east a distance of 510.98 feet to the point of beginning and containing in all 33.872 ac:,~s of land. is hereby changed from Agricultural "A" Districc Classification II Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications: 1. Development shall conform with approved Planned Development Concept Plan; 2. The property shall be platted in accordance with he City of Denton Subdivision Regulations and Land Development Code; 3. Plat approval shall constitute specific plan approval; 4. Private road or pri%,ite ingress-egress easement shall substitute for FLolic dedicated streets when townhouse subdivision ricc,:rs; and 5. Sidewalks shall be installed at the developer's expense along one side of every public street within the development. 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 sucn change in District Classification and Use subject to the above conditions and specifications. SECTION II. The: 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 is peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, Z-1605-SNIDER DEVELOPMENT CORPORATION-PAGE 2 s `]C. x U VI • 4~ ~S.°" ~w'i ~ ,,.at r.'„aa ~ ,x f.. 3+.ei"- y.. 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 t;e City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the Y r~ day of 1983. P E , Y OF DENTO , TEXAS ATTEST: i CHAR TTE AL N, CITY SECRET R CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: U . ✓\M" 3 Z-1605-SNIDER DEVELOPMENT CORPORATION-PAGE 3 T (~~i / ~ 1 w' K f ~ x .~rh~~livia.l.~ 'fir °~,'!L'~'er~"~-;i'^•k^~Sr•.tK'?4:; r.. r.tr.,.~a rxae..%r-x°+Iv'.U Y.~*i'l~lda ,.XY~eL:l~r.+ 1.a~{i~ ~ 4.p Ll ore, _ ~ 4 1 FIRI.~ojECT DATA v .a[ aN s41 ' Sity ~i t4 u.aD+a.s[waR I.Lf , TOTLL k/7 ' ~ ' ` ~ ; LAND USE DESCAiPTONS: ~ onrral rwu rare-,ta uT2 ' ra LaT ya tlnm ~ ✓/'~~f ` VOL LOT Lrrl. ata ton, i Lon LR Ira wA,w 1 j2t4 2~~ C 4r•.4. LCT Amu 2.104 161T. , LOTS wx. LOT Ara 14•t,tA' r j MR, \ wa lOT a4u LIf01GR. ~ I „W • •Ta4.Ll Ca.4TT [l1A YrT11 L V [ I ~--4vssxCCC'/„ \ .a p.1-aTM[R rL4U1r0 11Ltl 1/L DT 1 t / r ~ F4 \ [wLa.a Art1.c+A "Q." FSS I7M 7 7! ~ F~vr\ ~d ♦!a~"411. ~ ~ - ~ a` / .aa0/ SITE CONCEPTUAL SITE PLAN ' - I ;FOA ZONING CHANGE) , . f r ~J/ I I 7 r W OAD r ~ T G (y~+`, (I S~~ WIN SOR I VICINITY MAP ~ I SNIDER DEVELOPMENT TRACT , • J a NO. v AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS THE RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, GRANTEE, AND ITS SUCCESSORS AND ASSIGNS, TO NTA AOLON(;RUCUNDER~tiCUERUTAN AQC-ROSS~ OTHER PUBL C I STRE1,NDETSO,PERAT VENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF SAID CITY, SUCH POSTS, POLES, WIRES, CABLES CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER COMMUNICATION SERVICE AND FOR CONDUCTING A GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINESS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS; PROVIDING FOR REGULATION AND USE OF THE TELEPHONE SYSTEM; AND PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. WHEREAS, General Telephone Company of the Southwest, hereinafter referred to as the "Telephone Company", is now and has been engaged in the telephone <Lnd communication business in the State of Texas and within the city limits of the City of Denton, Texas, hereinafter referred to as the "city", and in furtherance thereof, has erected and maintained certain items of its plant; and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the parties establishing the conditions under which the Telephone Company shall operate within the City; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: i SECTION I. GRANT OF RIGHT, PRIVILEGE AND FRANCHISE FOR CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE There is hereby granted by the City to the Telephone Company and its successors or assigns, the right and privilege to construct, erect, build, equip, own, maintain and operate in, along, under, over and across the streets, alleys, avenues, bridges, viaducts and public grounds now within the present limits of the City and within said limits as the same from time to time may be extended, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendering telephone and other communication services and for conductvg a general local and long distance telephone business. PAGE 1 r7, 7,7 A.W . #.~i1ad•~ gt1''x S i.Y L..t.k.~ t., t '~e _ ..:.aa 3 ct-', X'.. r ' SECTION II. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT That all poles La be placed shall be of sound material and reasonably straight, and shall be so set that they will not interfere with the flow of water in any gutter or drain, and so :i that the same will interfere as little as practicable with the .t ordinary travel on the street or sidewalk. The location and route of all poles, stubs, guys, anchors, conduits and cables to r be placed and constructed by the Telephony: Company in the construction and maintenance of its telephone system in the .;rl City, and the location of all conduits to be laid by the } Telephone Company within the limits of the City under this N+c ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City Council or of any City official to which such duties have been or may be delegated. All construction plans shall be submitted to the City for review prior to commencing construction. SECTION 111. STREETS TO BE RESTORED TO GOOD CONDITION F; That the surface of any street, alley, highway or public A place within the City disturbed by the Telephone Company in f£; buildin g g, constructing, renewing or maintaining its telephone plant and system shall be restored within s reasonable time after the completion of the work to as good a condition as before the commencement of the work and maintained to the satisfaction of the City Council, or of any City official to whom such duties have been or may be relegated, for one year from the date of the surface of said street, alley, highway or public place is broken for such construction or maintenance work, after which time the responsibility for the maintenance shall become the duty of the City. No such street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. SECTION IV. OPERATION AND MAINTENANCE OF IELEPHONE PLANT That the Telephone Company shall maintain its system in reasonable operating condition in accordance with Texas Public y PAGE 2 f. f Vek Mr WE', 3 ' _1111 104a Utility Commission Service and Transmission Standards at all ` normal times during the continuance of this agreement. An exception to this condition is automatically in effect when service furnished by the Telephone Company is inteerupted, impaired, or prevented by fires, strikes, riots or other ' occurrences beyond the control of the Telephone ! Company, or by storms, floods, or other casualties, in any of which events the Telephone Company shall do all things, reasonably within its _ power to do, to restore normal service. SECTION V. TEMPORARY REMOVAL OF WIRES That the Telephone Company on the request of any person shall remove or raise or lower its wires within the City t temporarily to permit the moving of houses or other bulky struc,:res. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such :m temporary wire changes. The clearance of wires above ground or rails within the City and also underground work shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of erection thereof. SECTION VI. TREE TRIMMING That the right, license, privilege and permission is hereby granted to the Telephone Company, its successors and assigns, to trim trees upon and overhanginz the streets, alleys, sidewalks, and public places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the Telephone Company, and when so ordered by the City, said trimming shall be clone under the supervision and direction of the City Council or of any City official to whom said duties have been or may be delegated. SECTION VII. ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY That to indemnify the City for any and all possible damages PAGE 3 ' t y' ..ft g ~ X . sort ~ ~~5, ~ a ~a ~ < 1 } to its streets alleys and public grounds which may result from the placing and maintenance therein or thereon of the Telephone Company's poles, conduits, or other equipment or apparatus, and to compensate the City for its superintendence of this .a agreement, and as the cash consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance of this agreement a sum of money equal to two percent (2t) of the annual gross receipts for the preceding year received by the Telephone Company from the rendition of local exchange telephone transmission service to customers within the corporate limits of the City. The first payment hereunder shall be made March 31, 1984, and shall equal in amount to two percent h (21) of the gross receipts received from the date of January 1, 1983 to December 31, 1983; and thereafter payment shall be made a annually on March 31st, as herein provided. SECTION VIII. PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES That the City agrees that the consideration set forth in the preceding section hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or any other character or charge for qse and occupancy of the streets, t alleys, and public places of the City; in lieu of any pole tax or inspection fee tax; in lieu of any easement or franchise tax, whether levied as an ad valorem, special or other character of tax; and in lieu of any imposition, except as provided in Section XIVV herein, other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree that the payment of the foregoing cash consideration shall be in lieu of the taxes, licenses, charges, fees, rentals, and easement or franchise taxes aforesaid, then the City ,!grees th,t it will apply so much of said payment as may be necessary to the satisfaction of the Telephone Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. PAGE 4 i , ,---"~:-'s ~ i i~ - . zR Sa - .~~^~c'^~ -~m'+-.-~-s-vat-•rr-r~as-, SECTION IX. FACILITIES TO BE F'1RNISHED CITY AS ADDITIONAL CONSIDERATION That in addition to the consideration set ;orth in Section Ji VII, the Telephone Company shall hold itself ready to furnish, subject to the use of the City, such wire space as may be required from time to time by the City upon the poles now owned ai or hereafter erected by the Telephone Company in the City for fi the use of the City's police and fire alarm system; provided that the required wire space shall not exceed four wires on any j, ' one pole. The location on the poles of this fire and police r: wire space shall be determined on specific applications for space, at the time the applications are received from the City, and will be allotted in accordance with the considerations for electrical construction of the United States Department of t Commerce, Bureau of Standards. In its wire construction on the R' Telephone Company's poles, the City will follow the suggestions and requirements laid down for wire construction in the Rules and Regulations of the Bureau. of Standards of the United States Department of Commerce. All such W.-;,; shall be constructed, maintained and operated in such manner as not to interfere with, nor create undue hazard in, the operation of the telephone system of the Telephone Company. The Telephone Company shall not be responsible to the City :or any claims, demands, losses, a suits, judgments for damages or injuries to persons or property by reason of the construction, naintenance, inspection or use of the police and fire alarm wires belonging to the City. SECTION X. ATTACHMENTS ON POLES NOT HERE AFFECTED That nothing in this ordinance contained shall be construed to require or permit any electric light or power wire attach- ments by the City or for the City, except that cable trenches shall be shared with the City where eagineeringly feasible. If I light or power attachments are desired by the City or for the City, then a further separate noncontingent agreement shall be a prerequisite to such attachments by the City; however, joint use of poles under a separate agreement must be permitted. Nothing PAGE 5 II :~°#1FT~ i zas - W # } r herein contained shall obligate or restrict the Telepone Company i in exercising its right vol.:ntarily to enter into pole attach- ment, pole usage, joint ownership, and other wire space and facilities agreements with the light and power companies and with otherwise using companies which may be privileged to a .j operate within the City. SECTION XI. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE ` That nothing herein contained shall be construed as giving to the Telephone Cor.ipuny any exclusive privileges, and this franchise is granted subject to all of the provisions of the 3{r Charter of the City of Dcnton. SECTION XII. SUCCESSORS AND ASSIGNS That the rights, powers, limitations, duties and restrictions r` herein provided for shall inure to and be binding upon the parties her.,to and upon their respective succes:;ors and assigns. L SECTION XIII. LIABILITY OF CITY That during the period this ordinance is in existence and enjoyed by the Telephone Company, the Telephone Company shall indemnify and hold harmless the City from any and all claims for losses, damages and injuries occasioned to or sustained by a:iy persons, firms or corporations, or their property by reason of E- r . the existence, maintenance, operation or continuance of this ordinance and the exercise of all rights herein contracted for, except as herein otherwise provided. s SECTION XIV. PERIOD OF FRANCHISE That the right, privilege and franchise hereby granted shall be for a period of twenty (20) years from and after its effective date herein after provided. SECTION XV. BREACH OF AGREEMENT If the City shall believe that the Telephone Company has breached any provision hereof, the City shall give written notice thereof to the Telephone Company specifically pointing out the breach complained of and the City shall take no further action, legal or otherwise, by reason of any such breach unless PAGE 6 W 777, ._~.1,-.._..-- , oil k t 5 I and until the telephone company shall have failed to take steps to eliminate such breach for a period of sixty (60) days after a said written notice is given. a" SECTION XVI. PARTIAL INVALIDITY AND REPEAL PROVISION That if any section, sentence, clause, or phrase of this ordinance is for any reason held to be illegal, untra vires or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this ordinance and agreements in conflict herewith are hereby repealed. 't SECTION XVII. DELEGATION OF AUTHORITY That the City may delegate to a designated official or officials the exercise of any and all of the powers conferred upon the City hereby or by applicable State statutes and laws I which relate to the supervision and regulation of the Telephone Company in its exercise of the rights and franchises herein conferred, but the governing body of the City shall reserve to 6= itself exclusively and to the full extent possessed, all powers, if any, to fix and regulate charges and rates of the Telephone Company given the C?ty by law and this franchise. All lawful r ! powers not delegated uy the governing body of the City are reserved to, and shall be exercised by, said governing body exclusively. That at all reasonable times, during the continuance of the rights herein granted, the local exchange and general offi:es of x. the Telephone Company shall be open to the said governing body or its designated official for inspection of original contracts, books of account and cost operating records pertaining to its operations covered by this franchise. Any method of accounting heretofore or hereafter adopted or authorized by any law of the United States or of the State of Texas or under or pursuant to the authority of any such law shall be deemed proper and sufficient accounting as to all matters covered thereby. SECTION XVIII. RATE REGULATION That it is mutually understood and agreed that any regulation or fixing of rates to be charged by the Telephone PAGE 7 T i.~ l~~""'.~'# ^ ~+`fi :+4°R'-~'^•'qsw •`T"..r- { ~r "}_•"t ~.'.v iY ~ °.'4..i #~t t 1 y eq a to T Company to the inhabitants of the City shdll be pursuant to authority granted by the Public Utility Commission of the State of Texas, and in accordance with the laws of said State in effect at such times; provided, however, that if the Telephone ` Company makes :n application to change existing rates the ;i Telephone Company agrees to reimburse the City of Denton or t reasonable fees and expenses of any independent study and evaluation of the proposed rates by consultants, engineers, and attorneys specially employed by the City. r' z~ That nothing in this ordinance is intended to add to or yr, detract from any authority granted by the Legislature of the State of Texas to the City to fix or otherwise regulate the rates and charges of the Telephone Company. SECTION XVIX. ACCEPTANCA OF AGREEMENT r That the Telephone Company shall have sixty (60) days from and after the passage and approval of this ordinance to file its yTM, written acceptance thereof with the City Secretary, and upon such acceptance being filed, this ordinance shall take effect and be in force from and after the date of its passage and x approval by the Mayor, and shall effectuate and make binding the agreement provided by the terms hereof. r PASSED AND APPROVED this the day of + , 1983. x this PASSED AND APPROVED the a0 day of 983. PASSED AND APPROVED this the day of 1983. . /7'- /7iNTO4N,'T I H STE, MA YOR CI Y OF EXAS C ATTEST: c . EXY CITY OF DENTON, TFXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 8 t /Y7~' I I t 4 i NO.~ AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF DEN410N, TEXAS, BY ADDING A NEW SECTION 3-18 PROVIDING MINIMUM STANDARDS FOR FUEL FARMS, FUELING PERSONNEL AND FUELING OPERATIONS AT DENTON MUNICIPAL AIRPORT; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: PART I. Chapter 3 of the Code of Ordinances of the City of Denton is i hereby amended by adding thereto a new Section 3-18 reading as follows: Section 3-18. MINIMUM STANDARDS FOR FUEL FARMS, FUEL TRUCKS FUELING PERSONNEL AND FUEL OPERATIONS AT DENTON MUNICIPAL AIRPORT. In order to assure that fueling operations at the Denton Municipal Airport are safe, that the quality of fuel delivered to aircraft remains uncompromised, and that fuel handling pro- cedures comply with industry and Federal Aviation Administration Standards, the following minimum standards and rules for safe fueling are hereby established. A. FUEL FARMS AND FUEL STORAGE AREAS 1. Fuel farms and fuel storage areas must: a. Be located so damage by aircraft or suL.ace vehicles is unlikely; b. Be fenced and signed to reduce any chance for unauthorized entry and/or tampering; c. Be boldly marked to clearly show danger, flammability, no smoking, etc.; d. Contain no feature which would allow the intro- duction of any foreign material into fuel; e. Be free of any materials, equipment, functions or activities which could be ignition sources in the highly flammable environment dt or around the fuel farm; f. Be placed underground in accordance with the provisions of the Fire Code of the City of Denton for underground flammable liquid storage tanks. PAGE 1 Y ME Zr ik. t r.@ p . 1 GYM.-. 41 2. Minimums foi- Fuel Storage Tanks Fuel tanks must be: a. Boldly marked to identify type and grade of fuel; b. Equipped wth a nonsplashing bottom inlet pipe; c. Closed and equipped with rain proof vent at least ten (101) feet above grade; d. Equipped with a positive low point sump; e. Equipped with a functioning floating suction pickup or other device to prevent, during normal pumping, the pickup of water and other contaminants from the bottom of the tank; f. Equipped with a hand "thief" pump; 9. Equipped with a floating suction test hole and cable if a floating suction pickup is used; h. Equipped with a manhole large enough to allow entry for inspection and cleaning (not applicable to tanks installed prior to the effective date of this ordinance if other methods of inspection arm cleaning are used); i. Free of zinc, copper, cadmium; j. Clean and free of significant rust, scale, surfactants, biological growth, or other materials which could contaminate fuel. 3. Filters and Filter Separator Minimums Filter system must: a. If for AVGAS, contain at least an inflow basket strainer, outflow filter sized to match maximum pump flow capacity, differential pressure check system, and a bottom drain with outlet located to facilitate convenient capture of outflow. b. If for JET FUEL, contain at least an inflow basket strainer, inflow and outflow filter/separators sized to match the maximum pump flow capacity, a differential pressure check system, inflow and outflow water detection device with cutoff or alarm, a bottom drain with outlet located to facilitate convenient capture of outflow, and fuel sampling (millipore) fittings both upstream and downstream of all filters and filter/separators; provided, however, that installations existing on the effective date of this ordinance shall not be re1quired to contain inflow filter separators and upstream millipore fittings. 4. Fuel Farm Piping Minimums A fuel farm must be: a. Completely separated by type and grade of fuel; PAGE 2 _ a ft'W a < t .a - ,3-.•.... z , ILA .e ~ 401 r.. b. Boldly marked and color coded at each inlet, outlet and valve to clearly identify fuel type and grader c. Underground or protected from damage by surface vehicles; d. Free of zinc, copper (except, possibly, tubing serving test or pressure gauge systems), and cadmium; e. Clean and free of significant rust, scale, surfactants, biological growth or other materials which could contaminate fuel. 5. Hoses, Nozzles and Outflow Connector Minimums Hoses, nozzles and outflow connectors must: a. Be only those specifically designed, tested and marketed for delivery of aviation fuels; b. Avgas and jet fuel connecters must be of a different size or type so as not to be interchangeable; c. Be equipped with a nonbypassable one hundred (100) mesh final strainer; d. Be controlled by a spring-loaded, nonbypassable automatic (deadman) fuel cutoff feature; e. Be color coded to identify fuel type. 6. Electrical Equipment, Switches and Wiring Minimums Electrical equipment, switches and wiring must be: a. Reasonably protected from heat, abrasion, or other impact which could cause failure of insulation, open spark or other ignition source; b. Of a type or design approved for use in Class I, Group D, Division 1 hazardous locations (explosion proof, i.e., free of exposed conductors, contacts, switches, connectors, motors, etc., which could generate an open spark or other exposed ignition source during normal operations). 7. Grounding and Electrical Bonding Minimums t System must provide that: a. Piping, filters, tanks and electrical components are electrically bonded together and interconnected to adequate electrical ground. 8. Unloading Dock or Station Minimums Unloading dock or station must be: a. Clearly marked and color coded as to fuel type; b. Equipped with accessible fire extinguishers meeting standards of the National Fire Protection Associa- tion Circular 407 (a minimum of two, each having at least a 20-BC rating); PAGE 3 c. Equipped with bond or ground wires and appropriate connector clamps for grounding tankers. i 9. Loading Dock or Station Minimums Loadit:g dock or station must be: a. Clearly marked or color coded a to fuel types b. Equipped with accessible fire extinguishers meeting standards of the National Fire Protection Associa- tion Circular 407 (a minimum of two, each having at least a 20--BC rating) ; c. ?quipped wth a boldly marked emergency cutoff capable of overriding all other controls and stopping, with one physical movement, all fuel flow; I d. If a top load system, equipped with a metallic drop typo (having an anti-splash fuel deflector) long enough to reach the bottom of the deepest fueler tank; e. Equipped with a spring loaded nonbypassable automatic "deadman" fuel flow cutoof feature; f. Equipped with bond or ground wires and appropriate connector clamps for grounding fueler vehicles. 10. Marking or Color Coding Minimums All parts of the fueling system, including all unloading headers, inlets, tank fills, tank hatches, in and outflow piping, valves, top load drop tubes, hose connectors, nozzles, and vehicles must be permanently marked and color code using terminology and colors prescribed in the American Petroleum Institute Bulletin #1542: Black = Jet A; Yellow = Jet B (JP-4); Red = Avyas 80/87 Blue = Avgas 100LL; Green = Avgas 100/130. B. AVAILABILITY OF AND GROUNDING MINIMUMS All itinerant, terminal, fueling, or other ramps where fueling is regularly conducted must be equipped with ground rods or connections accessible during fueling operations. C. FUEL TRUCKS OR MOBILE FUELERS 1. System must: a. Be boldly marked on all sides to show danger, flammability, standard hazardous material placard with identification number and, inside crew compartment, to prohibit smoking; b. Be boldly marked on all sides and in crew cab, to show clearly the type or grade of fuel in the systems c. Contain or dispense only one type or grade of fuel; PAGE 4 7 f d. Be equipped with at least two boldly marked emergency fuel flow cutoffs capable of overriding all other controls and stopping, with one physical movement, all fuel flow; e. Be equipped with at least two fire extinguishers as prescribed by the ;rational Fire Protection Association Circular 407, each being accessible from a different side and each having at least a 20-BC rating; f. Contain no feature which would allow the intro- duction of any foreign material into the fuel or fuel system; g. Contain no feature which would allow fuel or concentrated fumes to contact (during normal operations, overfilling or other spill) the exhaust system, hot exhaust gases, or any other ignition source; h. Be equipped with an airfilter or spark arrestor over the engine intake and a leak-free exhaust system terminating in a standard baffled muffler. 2. Fuel Truck Fuel Tank Minimums Tank must be; a. Closed and equipped with gasketed dome covers which contain a 3 p.;.i., emergency vapor pressure release and which are adequate to prevent fuel spillage during vehicle movement or the influx of water at any time; b. Equipped with a bottom tank drain, with an outlet located to facilitate the convenient capture of outflow; c. Equipped with a tank bottom outflow cutoff valve which can block fuel flow and spill in the event of a piping rupture or other valve failure; d. Clean and free of significant rust, scale, surfactants, biological growth, or other material which could contaminate fuels e. Free of zinc, copper, cadmium. 3. Filter and Filter Separator Minimums System must: e. For AVGAS, contain at least a nonbypassable outflow :filter sized to match the maximum pump flow capacity, a differential pressure check system, and a bottom drain with an outlet located to facilitate convenient capture of outflow; b. For JET FUEL, contain at least an outflow filter/ separator sized to match the maximum pump capacity, differential pressure check system, water detection davi*e with cutoff or alarm, bottom drain with outlet located to facilitate convenient capture of PAGE 5 z. outflow, and fuel sampling (millipore) fittings both upstream and downstream of all filters and filter/separators. 4. Fuel Truck Piping Minimums Must be: a. Reasonably protected from impact or stress which could cause a rupture or fuel spillage; b. Free of zinc, copper (except in tubing serving test or pressure gauge systems) and cadmium; c. Clean and free of rust, scale, surfactants, biological growth, or other material which could contaminate fuel. 5. Fuel Truck Hoses, Nozzles and Connectors Must be: a. Only those specifically designed, tested and marketed for delivery of aviation fuels; b. Avgas and jet fuel connectors must be of a different size or type so as not to be inter- changeable; c. If over-the-wing nozzle used for loading avgas onto aircraft, system must have a downspout or drop tube not larger than one and o4ie-fourth (1-1/4") inch outside diameter; if for jet fuel, at least one and one-half (1-1/2") inch outside diameter; d. Equipped with a dust cap or other feature over the nozzle or connector which will minimize the introduction of contaminants into the fuel or fuel system; e. Equipped with a nonbypassable one hundred (100) mesh final strainer; f. Controlled by a spring-loaded, nonbypassable automatic "deadman" fuel flow cutoff feature; g. Color coded to identify fuel type. 6. Electrical Equipment and Wiring Minimums Must be: a. Reasonably protected from heat, abrasion, or other impact which could cause failure of insulation, open spark or other ignition source; b. Of a type or design approved for use in Class 1, Group D, Division 1 hazardous locations (explosion proof, i.e., free of exposed conductors, contracts, switches, connectors, motors, etc., which could generate an open spark or other ignition source during normal operations). PAGE 6 111'1 1,1, J :12 b All+ 7. Fuel Truck Ground or Bonding Minimums System must: a. Provide electrical continuity between all metallic or conductive components; b. Have both ground and bonding wires, and clamps adequate to facilitate pror.pt, definite electrical ground connection betwen fueler, the grounding system, and the aircraft being fueled. D. FUELING PERSONNEL 1. Number Fuelers must: Be of sufficient number to safely operate the fueling system and to perform periodic checks and inspections that are esential to that system's proper functioning. 2. Training Fuelers must: a. Be able to identify, explain major characteristics of, and distinguish between, the various types of fuel (using flammability, col,)r, odor, and feel) found on the airport; b. Be able to describe the types of engines airplanes normally have, explain the major features of each, and describe the type of fuels and oils used by each, c. Be able to identify (by power plant and required fuel type or grade) aircraft normally on fueler's r,zmp, and to routinely properly fuel same; d. Be able to identify and explain the more common sources and major effects of fuel contaminants: water, other types of fuel, biological growth, surfactants, lint, rust, sand and other common solid particles; e. Understand and be able t,~ explain what should be done when one or more of these contaminants is found in fuel; t f. Be able to identify and explain basic purpose of regoired components of the fuel farm and mobile fuelers which they normally use; g. Be able to explain purpose of and safely perform periodic inspections and checks needed to keep equipment operational and functioning safely; h. Understand and be able to explain what should be done when required component of fuel farm, mobile fueler is inoperable; i. Understand the basis "fire triangle", and be able to identify the more common ignition sources found on airports; PAGE 7 k, ° rfi=~` 4 I MEMOMMM i tj5 j. Understand and be able to explain what should be done if a fuel leak or spill occurs; k. Understand and be able to generally explain static- generation/retention potential of fuels; the dangers associated with mixing splashing, or misting of fuels; and the dangers associated with filtering and pumping fuels to or from storage tanks, mobile fuelers, and aircraft; 1. Understand and be able to generally explain the hazards of atomospheric electrical phenomena, including lightning and static charging of aircraft in flight; m. Understand and be able to explain main features of proper firefighting technique using, and demon- strate use of the fire extinguishers normally found at f4•.1 farm and on fuelers; n. Understand and generally explain danger of defueling. 3. Clothing/Footwear Fuelers must: Be appropriately clothed (garments other than nylon with wool, silk, polyesters, or other static generating fabrics; shoes containing no taps, hobnails, or other material which could generate sparks on pavement). 4. Other Fuelers must: Not carry on their persons (at any time in, on, or within one hundred (100') feet of any tank, dock, the storage area, fueler or aircraft) any ignition device, including safety matches, strike-anywhere matches, lever-type striker-equipped cigarette lighters, or other items which could become ignition sources if operated, bumped, hit, or dropped. 5. Performance Fuelers must: i Maintain knowledge required by and routinely follow at ' least minimum standards and procedures in, and keep records required by, this document. 6. Supervision Fuelers must: Be adequately supe;:vised and periodically checked to assure training/knowledge levels are maintained, all equipment and required components are kept fully operational, required periodic checks/inspections are made when due, required records are kept, and that proper quantity and grade of clean, dry "on spec" fu.->I is routinely delivered to the proper aircraft. PAGE 8 r^i ' o)~y 1 ._l~ a, ,.rye 1j ~ ' t a' 7• Fuel Farm/Fueler/Operations r Fueling staff must: a. Insure that only qualified personnel are allowed to E, operate fuel farm or equipment, or to fuel aircraft; k' 4 b. Insure that fuel unloading and fueler loading are tarried out only with qualified fueler present; C. Insure, before placement of fuel in fuel storage tank, that fuel is from known refiner, has passed 4 appropriate tests to assure fuel meets specifi- cation, and is free of contaminants and of proper look ("clear and bright"), color, smell and feel; d. Insure that an adequate system of records is maintained to trace all fuel from delivery or.to the airport into a specific aircraft; e. Insure fueling is performed only outside, i.ever in a building; f. Insure fuelers are never parked closer than ten (101) feet from each other, fifty (501) feet from any building or aircraft not being fueled/defueled; and,. during loading and fueling operations, one hun•ired (100') feet from smokers or other visible sources of ignition; and at least three hundred (300') feet from any operating aircraft or other radar; g. Insure that before all unloading, loading, fueling and defueling operations are begun, all motors, engines, radios, and other electrical and mechanical equipment (excepting only auxiliary power units) not needed for that specific operation a.:e turned off and kept off; h. Insure that where electrical ground is available, all systems and fuelers are grounded before commencing and during all fuel handling operations. i. insure that before opening any aircraft or fueler tank or commencing any fueling operation (and at ;i11 times during fuel transfer at least a bonding dire is connected between fueler being loaded and the loading dock ground, or between the fueler and the aircraft being fueled; j. Before commencing loading of any fueler or fueling any airrcraft, insure that all fuel farm/fueler equipment to be used is in good operating conditions that adequate settling/static dissipation time (at least 30 minutes; for jet fuel storage tanks, increase time to at least on hour per foot of fuel deptt:) has elapsed since filling of tank involved; that the tank and filter or filter/separator involved have been sumped since (a) the last refill of the tank involved or (b) tLie beginning of the work shift, whichever is later; and that the fuel about to be loaded or pumped into the airplane is free of contaminants and of proper look !"clear and birhgt"), color, smell, feel, and type. PAGE 9 :f tf < y' e~ y S VY do 0 k. Before loading any mobile fueler or refueling any aircraft, insure that within the preceding seven p (7) days (a) differential pressure for each filter or filter/separator on the fuel farm and mobile fueler has been checked. compared with prior readings, and found within manufacturer's tolerances, and that (b) all nozzle/hose connector ' screens have been visually checked and found intact and free of significant debris; 1. Before loading any mobile fueler or refueling any aircraft, insure that within the preceding thirty (30) days, (a) each inflow basket strainer has been visually checked, (b) a water detection test has been performed downstream of aach filter or filter/ t separator, (c) if }et fuel system, at least a s! colormetric (visual) Millipore (or equivalent) test k has been conducted downstream of last filter or filter/separator, (d) each mobile fueler has been given a careful visual. condition inspection, C" including a night spark check to identify visible ignition sources (3) each internal combustion engine's exhaust system has been thoroughly checked and found intact and free of leak, and (f) the entire fueler is mechanically sound and well maintained. m. Before loading any mobile fueler or refueling any aircraft, insure that within the past twelve (12) months (a) each filter and filter/separator element in entire fuel system has been replaced, (b) each fueling hose in the system has been stretched to its full length, has had maximum pumping p essure applied, and (while this pressure maintained) has been visually and tactilely checked and found free of significant cuts, exposed cords, discoloration, soft spots, blisters, slippage of end connectors, or other indication of potential failure, (c) each bonding/grounding device/connection has been checked for electrical continuity, and that (d) each fueler and storage tank has been opened and visually checked for buildup of sludge of other contaminant; n. Insure that mobile fueler loading and aircraft fueling is conducted only when spring loaded nonbypassable automatic ("deadman") control is operable and used to control fuel flow; o. Insure that fuel farm and all equipment is kept neat and free of trash or debris which could cause or contribute to fuel contamina'.::on or fine; p. Insure that all fire extino.iishers are checked for charge and condition at least annually. E. FUELER RECORDS Fueler staff /supervisors must develop, and maintain (fir at least six (6) months) records ddequata to at least show: a. Source, tests run on, and ultimate delivery point of all fuel brought onto the airport; PAGE 10 4" ~.`3' s •.R .'SZ"~ as R b. Checks (and any subsequent corrective action taken r made on equipment required by these standards; c. Training given and qualifications/achievements of all fueling staff on airport. r F. AIRP07T MANAGEMENT PERSONNEL 1. Management: Management must have at least one person regularly available (either on staff or a consultant) who understands the essentials of fuel farm and fueler/pit design, the purpose of each major component, what is required of fueling staff/tenants by at least these mini,num standards, hc.s+ basic fuel checks (as identified in these standards) are conducted. 2. AAirpart Management Procedures: Minager must (using either staff or consultant) at least quarterly (or i;,are often if deficiencies are significant) inspect fuel storage areas, equipment, actual fueling and fueler/fueling records to assure at least these minimum standards are routinely followed and/or met. 3. Airport Management Records Management must maintain (for at least six (6) months) records to demonstrate the extent and date of required inspections, spot checks, deficiencies found, corrective actions requested and/or made, and date corrected. G. SPECIAL NOTE REGARDING AUTOMOBILE GASOLINES Certain automobile gasoline may now be lawfully used in specific engines (Continental 0-200-A) in Cessna 150 aircraft if a supplemental type certificate is first obtained from FAA, and if minor adjustments are made in the aircraft's engine. None of the current fueling publications addresses this new development. Pending thia action, automobile gasoline brought onto an airport for use in any aircraft shall be stored/ delivered in/from the same tines of equipment, using the same procedures as for the various grades of avgas. API Bulletin 1542 prescribes no acronym or color coding. Until agreement is reached in the a industry and is publishe9, automobile gasolines brought onto the airport for use in aircraft shall be identified by their ful), --.ies or by the acronym "mogas", followed by sr.. Q description as to grade/type and octane i ,.:g, e.g. "Mogas-Leaded Regular (89 octane)", "Mogas-Unleaded Regular (87 octane)", "Mogas-Unleaded Premium (91 octane)". Where color coding or color banding would normally be used to identify a specific aviation fuel, no color coding will be used for mogas; in its place, the generic acronym "mo~ias" will be boldly affixed using paint/material which clearly contrasts with the surface of the pipe/valve/tank/vehicle being used. PAGE 11 -40 i fI >h PART II. FFh That if any section, subsection, paragraph, sentence, clause, ' phrase or word in this ordinance, or application thereof to any ~a person or circumstance is hold invalid by any court of competent ,N jurisdiction, such holding shall not affect tte validity of the ` remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART III. That this ordinance shall he in full force and effect immedi- ately after its passage and approval. PASSED AND APPROVED this the day of , 1983. d • r MIPVK ITY OF DE4ON, TEXAS ATTEST: n CHAR TT ALLEN, CITY + CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: C-(2 k~ , a..% ;0~ PAGE 12 t E 14. NO. AN ORDINANCE. SETTING A DATE, T1MZ AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the day of , 1983, at 7:00 o'clock P. M. in the y Council Chamber o t e Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposea annexation by the City of Denton, Texas of the property described below. On the day of 1982, at 7:00 o'clock P.M. in the City Council Chamber of the Municipal. Building of the City of Denton, Texas, the City Council will nold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain lot, tract or parcel of land lying or being situated in the County of Denton, State of Texaf, and being part of the S. Venter Survey, Abstract No. 1315, and the B. Merchant Z Survey, Abstract. No. 800 and being more particularly described as follows: 8 BEGINNING at the intersection of the west right-of-way line of F.M. 2181 with the south boundary line of Hickory Creek Road; i, THENCE east crossing F.M. 2181 a distance of 95 feet to a point for a corner in the east right-of-way line of F.M. 2181, said r~ point lying in the present city limits as established by Ordinance No. 65-43, Tract III; THENCE south 1017' east along the east right-of-way line of F.M. Ip 2181, same being the said present city limits a distance of 77 feet to a point for a corner; THENCE east along said right-of-way and city limits a distance S of 5 feet to a point for a corner; THENCE south 1017' east along said right-of-way and city limits a distance of 423.14 feet to a point for a corner; THENCE west 500 feet south of and parallel to the south boundary line of Hickory Creek Road, a distance of 1674.97 feet to a point for a corner in the east boundary line of a tract as described in Volume 573, Page 379 of the Deed Records of Denton County, Texas; THENCE south 0034' east along the east boundary line of said tract a distance of 328.46 feet to a point for a corner same being the southeast corner of said tract; THENCE north 89039110" west along the south boundary line of said tract a distance of 878.2 feet to a point for a corner same being the southwest corner of said tract; HICKORY PLAINS/PAGE ONE t t ' a t i t tr _ ~r THENCE north 00421500 east along the west boundary line of said tract a distance of 823.2 feet to a point for a corner same being the south boundary line of Hickory Creek Road; THENCE east along th& south boundary line of Hickory Creek Road, a distance of 2428.45 feet to the place of beginning and containing 35.66 acres of land, more or less. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immedictely following its passage and approval. PASSED AND APPROVED this the day of 1483. HARD . TEWA , R ITY OF ENTON, TEXAS 1 Al°PE 3T : CHARLOTTE ALr N, MM;CRETARY CITY OF DENTON, TEXAS i APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: M .I a' i 1 HICKORY PLAINS/PAGE TWO . IN THE NIATTER OF CITY OF DENTON CHARLOTTE ALLEN T[ I E STATE OF TEXAS Roy Appleton, Jr. Count) of f)enton being duly sworn, says he is the Genernl 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 following dales-. NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION Z-1609 137 lines $54.80 OCTOBER 21v 1983 -r Subscribed and sworn to hefore. me this 21 day of October T 19 83 hand and official seal Q - Witness my Notary Public, Denton County, Texas EMM~ NOTICE OF PUBLIC NEARING ON HE CONTEMPLATED rice: Bl t 04. Nil. ANNE1tAT10N i'L11l. z'IaM~1 PA1'F:R NO'TICE IS HEREBY GIVEN TO ALL INTER IN TIIE CIA TITER OF THE ESTED PERSONS THAT: TNe City of Denton, Texas, proposes to institute annexa lion proceedings to alter the boundary limits of saki city to add the following de- scrlbtd territory to the car ii limits of the City of Denton, 19, wit: All that certain W, tract or parcel of land lying or being situated in the County of Denton, State of Texas and being part of the S. Venter Survey, Abstract No. 1315, AFFIDAVIT OFPUBLISHER'I'O AbstracgN~800aandubeing PUBLICATION OF LEGAL NOTICE more particularly described as lollows: BEGINNING at the In- tersection of the west right of way line of F.M. 2181 F'i11•d Ihr - with the south boundary line of Hickory Creek Road; THENCE east crossing F.M. 19 2t81 a distance of 95 feet to a - - point for a corner in the east right-of-way line of F.M. 2181, said point tying in the present city limits as established by Ordinance No. 65 d, Tract 111; THENCE south 1 degrees 1P east along the east right-of-way. line ol F.M. 7181, same being the said present city limits a distance of 77 feet to a point lot a corner; THENCE eirt along sate Drruly rightof way and city limits a distance of 5 feet to a point for a comer; THENCE south 1 degrees 17' east along Said right-ol-way and city limits a distance of 427.14 feet f0 a point for a corner; THENCE west 500 feet south of and parallel to the south boundary line of Hickory Creek Road, a distance of 1474.97 feet to a point for a corner in the east boundary line of a tract as described in, Volume 573, Page. 379 of the Deed Records of Denton County, Texas; Denton, THENCE south 0 degrees 311 east along Nw east boundary line of said tract a distance of 328.x6 feet to a point for a cofnar same being the southeast corner of Said tract: . THENCE north 89 degrees 3910" west along the south boundary line of said tract a dlstwe of 874.2 feet to a Will for a corner same being the southwest caner of said troll; ; THENCE north 0 degreet 4210" east along the west boundary line of said tract a disfarice of 123.2 fee! to a point for a cornet same bring thk south bOWWairy, line of Hick" Creek Road; , THENCE east along the south boundary line of Hick. ory Road, a distance d 2 N.A. feet to the place 01 beginning and conlalning a BEGINNING at the in terseclion of the west dn% right of way line of F.M. 7101 Filyd Ihr with the South boundary line of Hickory Creek Road, , 19 THENCE east crossing F.M. - 7101 a distance of 95 feel 10 a point for a corner in IM east right of way line of F-hl 71111, said point lyinC in the present city limits as established by Ordinance No. 65 43, Tract 111; THENCE south 1 degrees 1T east along the east right of way line of F.M. 7111, came being the said present city limits a distance of 17 feet to a point for a corner; Drpuly THENCE east along said Rs rightcl way and city limits a distance of c feet to a point for a cornea THENCE Soulfl s degrees 17' a»t srid riihFdway and city limits a clstance of 423.14 feet to a pNnf for a ~Ofri THENCE resf Sao fret south of and parallel to rhs south boundary line of I+fckory Creek Road, a di%IASce of 1674.97 feet to a point for a corner in the east bouri0ary tine of a tract as desuibed in Volume 571, Page 779 of me peed Records of Denton county, Texas: THENCE south 0 degrees 3C' eaSt along the east boundary line of said tract a distance of 379.46 feet to a point for a corner same being the southeast corner of said tract; THENCE north 19 degrees 79'10" west along the soon boundary line of said tract a distance C! 471.7 feet to a point for scorner same being the southwest corner Of said tract; THENCE north 0 degrees 42150" cast along the west boundary line of said tract a distance Of 877.2 feat 10 a point fa a corner same being the' south boundary line of I H kkory Creek Road: THENCE east along the South boundary line of Hick- ory Creek Road, a distance of 2421.4S feel to the place Of beginning and containing 35466 acres Of land, more or less. A Public Hearing will be held by and before the City Council of the City of Denton, Taxes on the 111th day of October, 1913, at 1 O'clock P.M. In the City Council Chambers of the Municipal. Building of the City of Den tab Texas, for all persons, Wants" In the above pro•' pond annexation. At said time and place all such persons shall have the right, to appear and too heard. Of. all said matters and things, al1'Wwrs. interested M the', things aM matters herein mentioned, will lake notice. A Pubis Hearing will be 11016, by, Md before 111 City Cgdncll of the City of Denton, Tekas. on the 1st day Of Nolember, 1963, at 7:00 O'clOck P.M. In the City Cog~~Ccif Chambers Of the Mdnkipal Building of the City 91 Denton. Texas. for ail pereom interested In the abdvl proposed annexation. At.said time and place all such persons shall have the .I eight 10 appear and be heard Of all said matiels' ebd thitg6, all perso~++ Irlteresled M ten things aid! mallers herein mentioned, sill take Mks. , Rkhard O. SttWart Mayor City of Denton. Texas ATTEST: CharloHe AI ten Cify Secretary a IN TIIE MA'rmlt OF *JTY OF DENTON CHARLOTTE ALLEM THE STATE OF TEXAS Roy Appleton, Jr. Cminlyof 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 following dates: NOTICE OF PUBLIC HEARING ON CONTEMP ATFn ANNEXATION 2-1609 137 lines $54.80 OCTOBER 7, 1983 SubscribiA and shorn to before me this _ 7 ray of _ OCTOBER 19 83 Witness my hand and official seal. Notary Public, Denton County, Texas S60wl4Gam.talgaQelity.^F~'n r.Kiro s:+:^ae..wcc>ari. u.:,., : Asa-.a a-ruo xww:a-aswr:~TOoarwawa ['FCs, xw!bruwMawimol.irt,~9.i#o® NOTICE OF PUBLIC HEARINOON CONTEMPLAUD }'i ln• \u. _ _ _ _ IIE.RE ANNEXATION .E B - - Z.16e9 - 111A1I,I(. NNOTTI T0I HEI E13 PAPER ESTEO.PERSOnsTHAT: I1 THE MATTER OF THE: The City of Denton, Texas, proposes to Institute annexa- tion proceedings to alter the boundary limits of said City to add the following de scribed territory to the cor• _ poste limits of the City of Denton, to wit: All that certain lot, tract of parcel of land lying or being situated In the County of Denton, State of Texas and being part Of the S. Venter Survey, Abstract No. , uu AFFIDAVIT OF I'UBLISIIF:1 TO and the B. MerMani S Survey, , Abstract No. 000 and being PUBLICATION OF LEGAL, NOTICE more particularly described as follows: _ BEGINNING at the In tersectlon of The west right-of-way line of F.M. 2181 }'lino tfir• -'lo` with the south boundary line of Hickory Creek Road; THENCE east crossing F.M. 2181 a distance of 95 feet 10 a po1n1 for a corner in the east right of way line of F.M. 2181, said point lying In the present city limits as established by Ordinance No. 65 41, Tract 111; THENCE south 1 degrees 11' east along the east righlotway line of F.M. 2181, same being the said present city limits a distance of 77 feet to a point for a caner; THENCE east along said , Depuls' right of way and city limits a Rv distance of S feet to a point for a caner; THENCE south 1 degrees 17'' east along said right of way s and city limits a distance of 423.14 feet to a point for a corner; THENCE west 500 feet south of and parallel to the south boundary lime of Hickory ;Creek Road, a distance of 1614.97 feet to a point for a :corner In the east boundary line of i tract as described In Volume 511, Page 379 of the Deed Records of Denton County. Texas; THENCE south 0 degrees 34' east alcng the east boundary tine of said tract a distance 01 "Cati feet to a point for a corner same being the southeast corner dl said tract; THENCE north N degrees 39'1(" west along the south boundary line of said tract a distance of $78.2 feet to a point for a corner some being the southwest corner of said tract; THENCE north 0 degrees 42'50" east aldno the west boundary tine of said tract a distance of $21.2 feet to a point for a corner same being the south boundary.HM of Hicktr), Creek Road; THENCE east along the south boundary flie of Hick. Ory Creek Road, a distant! Of 241.45 teal to tM Place Of beglnhing and cor.10ming 25.66 act" of land, more or less. A Public Hearing will be held by end before the City Council of the City of Denton, Texas on the 10th day of v ~•qT lersaction of the west right of way line of F.M. 2111 fIA)' with the south boundary line Filet the of Hickory Creek Road; THENCE east crossing F.M. 7111 a distance of 95leet to a point for a corner in the east fight Of way line of F.M. 7161, said point lying In the present city limits as established by Ordinance No. 65 43, Tract I I I; THENCE south I degrees 11' east along the east right-ofway line of F.M. 7111, same being the said prtsenf city limits a distance of If feet to a point for a corner; THENCE east el0'12 said right of way a:td city limits a Depuly d+stance of S feet to a point for a caner; THENCE south 1 degrees 17, etst along said right of way and city limits a distance of 423.14 fMt to a point for a Corner; THENCE west 500 feet south of and parallel to the south boundary line of Hickory Creek Road, a distance of 1611.97 feet to a point for a !corffer in the east bOUndary line of a tract as described in VOlume 573, Page 779 of the Deed Records of Denton County, Texas; THENCE south 0 degrees 71' east along the east boundary tine of said trail a distance of 728.46 feet fo a point for a f corner same being the ' +(Isoutheast carrier of sold I tract; THENCE north t9 ow)rrec 39'10" west 86ung the south boundary i.;ta of said tract a distance of $78.2 feet to a point for a corner same Wng the southwest corner of sata tract; THENCE north 0 degreai i42'So" east along the west trundary line of said fracl e 01,11M .P of 127.2 feet to a point IA' u corner same being the south boundary tine of Hickory Creek Road; THENCE east along the with bqundafv line of Hick• off, ;.reek Road, a distatxY Of 2420.43 hAt to the place of be6,lnning and confelnfnc SS.66 acres of land, more or loss. A Public Hearing will U held by and before the City Council of the City of Den", Texts on the IIth day at OcMhar. '967, at T:(*c'clock P.M. in the City CotMCil Chambers of the Municipal Building of the City of Den ton, Texas, for all persons interested in the above pro- Posed annexation. At said fir" and place all such persons shall have the right to appear and be heard. Of all said matters and things, all pgrKmS Interested In the things and matters hereln mentioned, will take notice) A Public Heorirg will be 41d by and Wore the City Council of the City of Denton, Texas, On the 1st day of November, 1987, at 7:00 o'clock P.M. M the City Council Chambers of the Municipal Building of the Cny of Denton, Texas, for all persan11 Interested in the ebOVe proposed annexation. At sold time and place all such Persons shall have the right to appear and be heard. Of all said matters and things, alt persons interested fn tote Ihbngs and matters herein mentloned, will take notice. Rkhard 0. StewW Molnar CI ty of Denton, Texas ATTEST: rl,Arl*"%* Allen City secretary OCTOBER 1, 1917 dirt e ,L 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, R 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 lot, tract or parcel of land lying or being situated in the County of Denton, State of Texas and being part of the S. Venter Survey, Abstract No. 1315, and the B. Merchant Survey, Abstract No. 800 and being more particularly described as follows: BEGINNING at the intersection of the west right-of-way line of F.M. 2181 with the south boundary line of Hickory Creek Road; THENCE east crossing F.M. 2181 a distance of 95 feet to a point for a corner in the east right-of-way line of F.M. 2181, said point lying in the present city limits as established by ordinance No. 65-43, Tract III; THENCE south 10170 east along the east right-of-way line of F.M. 2181, same being the said present city limits a distance of 77 feet to a point for a corner; THENCE east along said right-of-way and city limits a distance of 5 feet to a point for a corner; THENCE south 1017' east along said right-of-way and city limits a distance of 423.14 feet to a point for a corner; THENCE west 500 feet south of and parallel to the south boundary line of Hickory Creek Road, a distance of 1674.97 feet to a point for a corner in the east boundary line of a tract as described in Volume 573, Page 379 of the Deed Records of Denton County, Texas; THENCE south 0034' east along the east boun-,.ry line of said tract a distance of 328.46 feet to a po,';&: for a corner same being the southeast corner of said tract; THENCE north 89039110" west along the south boundary line of said tract a distance of 878.2 feet to a point for a corner same being the southwest corner of said tract; THENCE north 0042150" east along the west boundary line of said tract a distance of 823.2 feet to a point for a corner same being the south boundary line of Hickory Creek Road; THENCE east along the south boundary line of Hickory Creek Road, a distance of 2428.45 feet to the place of beginning and containing 35.66 acres of land, more or less. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the _jJ2::`day of 11~. 1983, at 7:00 o'clock in the City Council Chamber o t e Municipal 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 right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. NOTICE/HICKORY PLAINS/PAGE ONE ' Y ? h " , ~ •~.:..rJ ~F~~'' a wi i , ) e 1 Y ~ 7P I.,. rv:.~ 4 ~ ; T./. W , A Public Hearing will be ;geld by and before the yCity Council of the City of Denton, Texas, on the day of =1121L~~l2 , 1983, at 7:00 o'clock P. M. in the City Council Chamber of the Municipal 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 right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. ii 4". TY OF DENTON, T .XA A., ATTEST: C RLUTTE ALLEN, CITY SECRETARY i NOTICE/HICKORY PLAINS/PAGE TWO ''4 ~!pL~r•• yl~~~S i iLi-,"Y S • t `y r.f r i'a I a NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. T~ On the _l day of , 1983, at 7:00 o'clock P.M. in the City Council Chamber of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the - day of 1982, at 7:00 o'clock P.M. in the City Council Chamber of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain tract or parcel of land lying and icing situated in the County of Denton, State of Texas, being part of the J. Taft Survey, Abstract No. 1256, J. White Survr:y, Abstract No. 1433, D. Hough Survey, Abstract No. 646, D. Lambert Survey, a Abstract No. 784, M.E.P. & P.R.R. Survey, Abstract No. 950 and the G. Walker Survey, Abstract No. 1330 and more particularly described as follows: 4 BEGINNING at a point in the present city limits as established by ordinance No. 65-43 Tract II, said point also lying at the ; intersection of the east right-of-way line of Mayhill Road with a point 750 feet northeast of and perpendicular to the centerline of I.H. 35E; THENCE northwesterly along said present city limits, 750 feet northeasterly of and parallel with the centerline of I.H. 35E an approximate distance of 5812.8 feet to a point for a corner in the present city limits; THENCE north 1°42' east along the present city limits as established by Ordinance No. 80-38 a distance of 917.4 feet to a corner said point lying 600 feet southeasterly of and perpendicular to the southeast right-of-way lire of Loop 288; THENCE northeasterly along the present city limits as established by Ordinance No. 65-43 Tract if 600 feet southeasterly of and parallel with the east right-of-way line of Loop 288 to the east boundary line of the J. Taft Survey, Abstract No. 1256 same being the west boundary line of the J. Cheek Survey, Abstract Ni. 324; THENCE south 0°541"2r west along the present city limits as established by Ordinance No. 72-56 a distance of 939.60 feet to a point for a corner, same being the southwest corner of the said J. Cheek Survey; pr'7, * T,R r i 7Cn~yL '-'fF -T Z'g arT-rc-_."T'_ 'FT' rT"•srM1rt ~r ~«','.l'e ~_~°r ffat S~,~d i.',` ~J,~~~t "h"'e'r '~~'~R ~a .,~~tiy Y~~~-•eF. r ~ ~ . • j • flail G-~J • THENCE south 89911135" east along said present city limits, same being the south boundary line of the said J. Cheek Survey, a distance of 601.2 feet to a point for a corner; THENCE north 89016120" east along said lines a distance of 559.44 feet to a point for a corner; r THENCE east along the present city limits as established by ordinance No. 81-94 a distance of 2080.56 feet, more or less, to r a point fur a corner in the Mayhill Road same being the west boundary line of the G. Walker Survey, Abstract No. 1330; THENCE north along said present city limits and the west f boundary line of said Walker Survey, a distance of 1228.21 feet to a point for a corner; THENCE east along said present city limits a distance of 1817.08 feet to a point for a corner; THENCE south 1009120" west along the present city limits as established by Ordinance No. 83-18 a distance of 1308.77 feet to ? a point for a corner; P THENCE south 88015145" east along said present city limits a distance of 792.29 feet to a point; THENCE south 87037154" east along said present city limits a distance of 831.02 feet to a point for a corner; THENCE south 1041108" west along said present city limits a distance of 541.96 feet to a point for a corner; THENCE south 87011136" east along said ;.resent city limits a distance of 2405.17 feet to a point for a corner; THENCE south along the east line of a tract conveyed to Bonnie E. Coonrod by deed recorded in Volume 432, Page 194 of the Deed Records of Denton County, Texas, a distance of 1608 feet, more or less, to a point for a corner, same being the southeast corner of said Coonrod tract; THENCE west along the south boundary line of said Coonrod tract a distance of 380 feet, more or less, to a point for a corner in the west boundary line of a north and south county road, known as Swisher Road; THENCE south along the west boundary line of said Swisher Road a distance of 4186 feet, more or less, to a point for a corne.. said point being the intersection of the west bounu:ry line of said Swisher Road wth the north boundary line of east and west county road known as Pockrus Road; THENCE west along the north boundary line of said Pockrus Road, a distance of 4500 feet, more or less, to a point for a corner in the present city limits, as established by Ordinance No. 78-38, Tract II; THENCE north 37048104" west along said present city limits a distance of 382.6 feet to a point for a corner; THENCE north 4°06'31" east along said present city limits a distance of 395.07 feet to a point for a corner; THENCE south 88009141" east along said present city limits a distance of 597.01 feet to a point for a corner; ~,~I°~'"LL i'?tfd ~ ~ri , ^ r , ` { F ~ , ,(j ~ r' ~ • .X ~Vy meow tl THENCE north 4002126" east along said present city limits a distance of 1203.3 feet to a point for a corner; THENCE north 4005120" east along said present city limits a distance of 738.19 feet to a point for a corner; THENCE north 4°34157" east along the present city limits as established by Ordinance No. 83-16, a distance of 735.64 feet to a point for a corner; THENCE south 87057130" east along said present city limits a distance of 28.94 feet to a point for a corner; THENCE north 2006' east along said present city limits a distance of 1154.4 feet to a point for a corner; THENCE north 88029' west along said present city limits a distance of 1489.1 feet to a point for ? -orner; THENCE south 2025130" west along saiL; present city limits a distance of 1140.8 feet to a point for a corner; THENCE south 4013144" west along said present city limits a distnace of 719.12 feet to a point for a corner; THENCE south 10051'09" west along the present city limits as established by Ordinance no. 78-38 a distance of 46.68 feet to a point for a corner; THENCE south 31041' west along said present city limits a distance of 66 feet to a point for a corner; THENCE south 54031150" west a'.ong said present city limits a distance of 88 feet to a point for a corner; THENCE south 78041120" west along said present city limits a distance of 100 feet to a point for a corner; THENCE, south 50047150" west along said present city limits a distance of 198.49 feet to a point for a corner; THENCE south 36039130" west along said present city limits a distance of 339.84 feet to a point for a corner; THENCE south 22034'40" west along said present city limits a distance of 151.74 Feet to a point for a corner; THENCE south 16040' west along said present city limits a distance of 615 feet to the place of beginning and containing 1125 acres of land, more or less. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately following its passage and approval. WiNi 1 I .i pia 4 s ; {tr 1 t.ly l1 y f^ PASSED AND APPROVED this the day of , 1983. Y bF DENTON, TEA S ATTEST: CHARLOTTE ALLEN,-CITY SECRETARY CITY OF DENTON, TEXAS i APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENT027, TEXAS BY: h r uT N^•r'~.. "l fH~ipT St i~. ~.1~• ~)1y,. (+~T'.41I~J'~ i; t }r G_. N'. 4 kaLr };t F a Y ya b < t s A}s i' 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, being part of the J. Taft Survey, Abstract No. 1256, J. White Survey, Abstract No. 14331 D. Hough Survey, Abstract No. 646, D. Lambert Survey, Abstract No. 784, M.E.P. 6 P.R.R. Survey, Abstract No. 950 and the G. Walker Survey, Abstract No. 1330 and more particularly described as follows: s r' BEGINNING at a point in the present city limits as established by Ordinance No. 65-43 Tract II, said point also lying at the intersection of the east right-of-way line of Mayhill Road with a point 750 feet northeast of and perpendicular to the center line of I.H. 35E; THENCF northwesterly along said present city limits, 75U feet northeasterly of and parallel with the centerline of I.H. 55E an r`- approximate distance of 5812.8 feet to a point for a corner in g$ the present city limits; 4 THENCE north 1042' east along the present city limits as estab- lished by Ordinance No. 80-38 a distance of 917.4 feet to a corner said point lying 600 feet southeasterly of and perpen- dicular to t;ie southeast right-of-way line of hoop 288; THENCE northeasterly along the present city limits as estab- lished by Ordinance No. 65-43 Tract I, 600 feet southeasterly of and parallel with the east right-of-way line of Loop 288 to the east boundary line of the J. Taft Survey, Abstract No. 1256 same being the west boundary line of the J. Cheek Survey, Abstract No. 324; THENCE south 0054102" west along the present city limits as established by Ordinance No. 72-56 a distance of 939.60 feet to a point for a corner, same being the southwest corner of the said J. Cheek Survey; THENCE south 89011135" east along said present city limits, same being the south boundary line of the said J. Cheek Survey, a distance of 601.2 feet to a point for a corner; THENCE north 89916120" east along said lines a distance of 559.44 feet to a point for a corner; THENCE east along the present city limits as established by Ordinance No. 81-94 a distance of 2080.56 feet, more or less, to a point for a corner in the Mayhill Road same being the west boundary line of the G. Walker Survey, Abstract No. 1330; THENCE north along said present city limits and the west boundary line of said Walker Survey, a distance of 1228.21 feet to a point for a corner; THENCE east along said present city limits a distance of 1817.08 feet to a point for a corner; y 1, fs p, t~~a 1 0M tG y w ~v H, f_ a 1 n/'lo r THENCE south 2025130" west along said present city limits a distance of 1140.8 feet to a point for a corner; p`. THENCE south 4013'44" west along said present city limits a distance of 719.12 feet to a point for a corner; THENCE south 10051109" west along the present city limits as established by Ordinance no. 76-38 a distance of 46.68 feet to a point for a corner; _ THENCE south 31041' west along said present city limits a distance of 66 feet to a point for a corner; THENCE south 54031150" west along said present city limits a ` distance of 88 feet to a point for a corner; THENCE south 78041120" west along said present city limits a j lilt distance of 100 feet to a point for a corner; Y" THENCE south 50047'50" west along said present city limits a distance of 198.49 feet to a point for a corner; ar; THENCE south 36039130" west along said present city limits a distance of 339.84 feet to a Point for a corner; THENCE south 22033140" west along said present city limits a distance of 151.74 feet to a point for a corner; ~r THENCE south 16040' west along said present city limits a distance of 615 feet to the place of beginning and containing 1125 acres of land, more or less. E' A Public Hearing will be held by and before the City Council Y of the City of Denton, Texas, on the r7lX '-day of r 1983, at 7:00 o'clock P.M. in the C: y ouncil C am er o the r Municipal Bui.ldin<i of the City of Denton, Texas, for all persons s3 interested in the above proposed annexation. lit said time and F place all such p+?rsons shall have the right to appear and be x heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A A Public Hearing will be held by and Oefore the City Co ncil " of the City of Denton, Texas, on the day of 1983, at 7:00 o'clock P. M. in the Cfty Council Chamber o the Municipal Building of the City of Denton, Texas, for all persons ;T interested in the above proposed annexa~.ion. At said time and place all such persons shall have the might to appear and be 5,. heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. - XR9- S'.YEWART R TY OF DE ON, TEXAS ATTEST: CHAR TTE ALLEN, CITY SECRETARY r Ward/ P~ 1 i q j THENCE south 1°09120' west along the present city limits as established by Ordinance No. 83-18 a distance of 1308.77 feet to Y~ a point for a corner; 1 THENCE south 88015145" east along said pi sent city limits a distance of 792.29 feet to a point; THENCE south 87037154" east along said present city limits a distance of 831.02 feet to a point for a corner; THENCE south 1041'08" west along said present city limits a distance of 541.96 feet to a point for a corner; THENCE south 87011136" east along said present city limits a distance of 2405.17 feet to a point for a corner; ` THENCE south along the east line of a tract conveyeC .o Bonnie ~c E. Coonrod by deed recorded in Volume 432, Page 194 of the Deed Records of Denton County, Texas, a distance of 1608 feet, more or less, to a point for a corner, same being the southeast corner of said Coonrod tract; THENCE west along the south boundary line of said Cornrod tract a distance of 380 feet, more or less, to a point for a corner in the west boundary line of a north and south county road, known as Swisher Road; e4j THENCE south along the west boundary line of said Swisher Road a distance of 4186 feet, more or less, to a point for a corner. said point being the intersection of the west boundary line of •l. •4 a,r said Swisher Road wth the north boundary line of an east an west county road known as Pockrus [toad; THENCE west along the north boundary line of said Pockrus Road, 3 a distance of 4500 feet, more or less, to a point for a corner in the present city limits, as established by Ordinance No. j'. 78-38, Tract II; A'E),. THENCE north 37048104" west along said present city limits a distance of 382.6 feet to a point for a corner; ~r { THENCE north 4006131" east along said present city limits a distance of 395.07 feet to a point for a corner; c THENCE south 88009'41" east along said present city limits a distance of 597.01 feet to a point .or a corner; THENCE north 4002126" east along said present city limits a distance of 1203.3 feet to a point for a corner; THENCE north 4005120" east along said present city limits a distance of 738.19 feet to a point for a corner; `t THENCE north 4034157" east along the present city limits as established by Ordinance No. 83-16, a distance of 735.64 feet to a point for a corner; THENCE south 87°57'301 east along said present city limits a distr:rice of 28.94 feet to a point for a corner; THENCE north 2006' east along said present city limits a distance of 1154.4 feet to a point for a corner; THENCE north 88029' west along said present city limits a distance of 1489.1 feet to a point for a corner; Tj ~'f Rte: r r e• r t e' ^s r..., t = ..rte, G{ L c' . NO. ` P.N ORDINANC3 SETTING A DATE, TIME AND PLACE ON THE PROPOSED 1,NNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND "I AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH y i+ PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the day of I , 1983, at 7:00 o'clock P. M. in the-C ty Counci C am er o t e Municipal Building of the City of Denton Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the day of / 1982, at 7:00 o'clock P.M. in the City Council Chamber of he Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: ,...'a All that certain tract or parcel of land lying and being i situated in the County of Denton, State of Texas, and being part ;t of the 0. Brewster Survey, Abstract No. 56, A. Thompkins Survey, `sti? Abstract No. 1246, A. Hickman Survey, Abstract No. 521 and the J. Edmonson Survey, Abstract No. 400 and being more particularly described as follows: w BEGINNING at a point in the present city limits as established by Ordinance No. 60-40, said point lying in the intersection of the west right-of-way line of the G.C. & S.F. Railroad with the south boundary line of the A. Hickman Survey, Abstract No. 521; 'A THENCE west along the south boundary line of said Hickman Survey, a distance of 1730 feet, more or less, to a point for a corner, same being the southwest corner of the said Hickman Survey; THENCE north along the west boundary line of the said Hickman Survey, a distance of 2130 feet, more or less, to a point for a corner lying in an east and west county road (Roselawn); THENCE west along the center of said county road a distance of t 1880 feet, more or less, to a point for a corner in the west boundary 11ne of the J. Edmonson Survey, Abstract No. 400 and the east boundary line of the W. Sajvis Survey, Abstract No. 1174; THENCE north along the east boundary line of W. Sajvis Survey, a dis: nce of 1100 feet, more or less, to a point for a corner, same being the northeast corner of the W. Sajvis Survey, said point also lying in an east and west county road; THENCE west along the north boundary line of the W. Sajvis survey,, same being in the said county road a aistance of 1500 feet, more or less, to a point for a cc.rner in the present city limits as established by Ordinance No. 69-40 Tract II, said point also lying 500 feet east of and perpendicular to the centerline of I.H.35W; Mjn ',..Etx~ ~i,. I ,µL•..N 4/ rf ~ stn f :V II I i~t~.,t i~X J~ h1 .a~1y ~ \ kT 9 t THENCE north 26051'40" east along said present city limits j 1244.96 feet, more or less, to a point; THENCE north 20"50112" east along said present city limits a distance of 3827.79 feet, more or less, to a point for a corner in the west right-of-way line of the G.C. & S.F. Railroad; THENCE southeasterly along the present city limits as established by Ordinance No. 60-40 same being the west right-of-way line of the G.C. & S.F. Railroad a distance of 9373.85 fee', more or less, to the place of beginning and containing 367 acres of land, more or less. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect immediately r° following its passage and approval. z~ . ` PASSED AND APPROVED this the day of , 1983. Z✓!;: RP 4TCN, TEXAS p~ ATTEST : CHARLOTTE ALLEN, CITY SE R T R pA`i CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: :s M ~ ~ i ~f ~ l i' 12 1: F •x_ Irv r • .'i . .1 f~ . ~ .r r. i IN TII1' MATTER OF CITY OF DENTON CHARLOTTE ALLEN Tl I E STATE OF TEXAS [toy Appleton, Jr. Comiiq of Denton being duly ssvorn, 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 Iess than one year in the Counly of Donlon, Tuns, preceding the date of the attached notice, and that the said notice; Ans published in said paper an the following dates: NOTICE OF PUBLIC HEARING, ON CONTEMPLATED ANNEXATION Z-1612 149 lines $59.60 OCTOBER 71 1983 Subscribed and sworn to before, me Ihi,ls _ 7 (lay of . OC1'OEE~ R T 9 83 Witness my hand and official seal. t`--• Notary Public, Denton County, Texas NOTICE OF PUBLIC . NEARIN40" CON11`!A! IIATIED ANNEXATN)N File Nn.- HER 1.1ev WE III I'I IILI N011CE 1s KERlBY GIVrM 70 ALL INIIR* ESTEOPEtiSONSTHAT: I PAPER pi-Tilt, MATTER OF TIIF: The City of Denton, Texas, proposes to Inuit ieasnnet4 1106 proceedings Oct boundary limits of said City 10 add 1M foll"Irrg de. scribed WrI17 to the cor' paste ITndK OOfe tM City 01 - DeMon, lowll! - All that Will" tract or parcel of land lying and being situated In Ohs County of Denjort, being par! 01 the 0. Brewster Survey, Abilract No. % A. I y"pxins Survey, Abstract AFFIDAVIT OF PUBLISHER TO i No, Itab A. Hickman Sur vey, Abstract No. 511 and tM PUBLICATION OF LEGAL, NOTICE J, Edmonton Survey, and being Abstf&Ct No. timers particular described Wol iows: d a y BEGINNING al a point In Filed the the present city limits ai established by Orcl"M ce No. ao so, said point lying in the . 19 intersection of the west right-of way Ilse of the G.C. S. S.F. Railroad with the south boundary Ilne of tae A. Hickman Survey, Abstract No.57k THENCE west atdng the south boundary line of said Hickman Survey, a , ` ce Of 1)70 feet, r" e a le,,, ro a point for a corner, same being the sout6'wesf caner of the said Hickman Survey; THENCE north along the well boundary line of the , Deputy said Hickman Survey, a dis• fly tans of 1170 feet, more or k less, to a point for a caner lylr,6 in an east and west' county roadlRowlawnlr 1{ THENCE west along the center of said county road a distance 01 111110 feet, more or less, to a point for a corner in the well boundary ine of the J. Edmonton Survey, Abstract No. 4o0 and the east boundary line of the W. Salvis Survey, Abstract No. 1171: THENCE north along the east boundary Ilne Of W, Salvis Survey, a distance of 1100 left. more or less, to a point for a caner; same being the northeast caner ud the W. Salvis Survey, 113101 point also lying In en east` a nd west county road; THENCE west along 1W` f hdr Sale sbSurvey, same being In . the said county rood a dia- farce of 1500 feel, more a Jess, 10 a 00161 tot a caner In the presenl City limits n e tabuehaA by Ordinance No N 40 Tract ll,Bald point also tying S00 feet east of and perpendicular to the can, lerllne of I.H. SSW: THENCE north to degrees Sl'a0" east along said pres- ent city limits 124e.P1 feel, more of less, to a point; THENCE north 20 degrees W1311 east along sale 01 Mt city limits a distance of A.T j7 feet, more or less. to is y rrdtt toy a caner In the west rlghfAW-ysay line of the 0.C & S.F. flalkoadr THENCE southeasterly alone the atseAt lily limits -pre UT south boun a Y Hickman Survey, & distance of 1730 feel. more or less, to s point for a corner, same being the •,Ouowest corner of the said Hickman Survey" THENCE IvXlh along the , prput) west bpund rry line of the sold Hickman Survey, 8 ells' lance of 1130 leer, more or less, to a Will for a caner tytng in an east and west county road lRoseiaNni" THENCE weal 810'9 the center of said county road a more distance s, 110 a Of 18n80 fee t~ornr i n less, po the wea ell boundary sime u of y J. EdmOnsOn Survey Abstract No. 400 and the east IsWndarY line of the 1A Sa1vls Survey, Abstract No. 1171: the'.. THENCE north along east boundary 1111e of W. Salvis Survey, a distance of 1100 feet, more or less, to a point for a corner; same being the northeasl caner 01 the W. Salvis Survey, said point also IYin9 in an east and west county road: THENCE west along the north boundary line of the W. Selves Survey. sa , e being In the laid county road a is lance of Iwo feet. more a Tess, Ile a point for a corner In line presenl city. ,I'Mits. as labYshee by Ordnance No, 11, sald Point Also lying 50 'feet easDof and perpertdlcutar to the cen terllne of I.H. 35W; THENCE north 26 degrees 51'40'• east along sold prep ent city limits 1244.96 feet, more Of less, to a point; THENCE norlh 20 degrees SO'12" east siong said Ares' ent city limits a distance of 3927.79 feet, more or less, 1o a point for a caner in the west rlghl-of-way line of the G.C 6 S.F. Railroad; THENCE southeasterly along the PMent 11established by Ordinance c No. 60.40 same being the west right Of way line W the G.C 6 S.F. Railroad a dis" lance of 9373,95 feet, more a less, 10 the place cf beginning end containing 367 acres of land, more or less. A Public Hearing will be held by and before the City council of the City of Denton, Texas on the 19th day Ot I,M~In 1 he aCity Ocou«k Chambers of the Municipal Buildling M Ina CRY'Of Den' Ion, Texas, for all persons Interested in tha above pro" posed annexation. alt such lime and place persons shall have the right M appear and be heard. 01 all said M&Tfers and all persons nieresled things, t things and matters herein mentloned,will take notice. A Public Hearing will be held by and before the City Council CA the City of MrITOn, Texas, on the 1sT day 01 November, 1913, at 1:00 o'clock P.M. in the City Counts Chambers of the Municipal DenIOL Building Texas- Of the City of or 811 persons Interested In the above proposed annexation. At said time and place all such persons shalt have Sne' right to appear and be heard. of all Bald mailers and things, all persons interested In the things and matters herein mentioned, will fake notice. Rkhard0.5fewart Maya city 0f Denton, !eras ATTEST: Charlotte Allen city Secretary OCTOBER 7.1983____ . IN TIIE MATTER Of' CITY OF DENTON CHARLOTTE ALLEN THE STA'a, OFTEXAS Roy Appleton, Jr. County of Dr•nUm being duly sworn, says he is the General Manager of the Denton Recwd-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 ort the following Mates: NOTICE OF PUBLIC HEARIVG ON CONTEMPLAIED ANNEXATION Z-1612 149 lines $59.60 OCTOBER 211 1983 Subscribed and sworn to before me this 21 (lay of OCTOBEP 83 Witness my hand and official sear.. Notary Public, Denton County, Texas 11 NOTICEOF PUBLIC ) ICE 111 I-ile \11, HUARINI)ON Pl, I CONTEMPLATED 011 PAPER ANNEXATION Z-1611 IN THE.11,1TTER OF TILE NOTICE IS HEREOY GIVEN TO ALL INTER- ESI FD PERSONS THAT. The City of Denton. Texas, proposes to institute annexa- tion proceedings to after the boundary limits of said City to add the following de scribed territory 10 the cor- porate limits of Cie City of Denton.towit: All that certain tract or p t e'ngsituated in the County of land of Denton, State of Texas and A F F I DAVIT OF PUBLISHER TO being par, of Ilia Ci. er S 6, A. PUBLICATION OF LEGAL. NOTICE: Survey, Abstract No No.. act e $6, A. Survey, Abs Thompkins Survey, Abstrxt No. 1246,* A Hickman Sur way, Abstract No, s2i and the Ed M604611 rbe A ing Filed the Abstract t NO. 00,W clay more parlicul"Al 0i ribed as fohows: BEGINNING at a point in , 19 the present city limits W- established br Ordinance NO 60 40. sa!d point lying M tte Intersection of the west _ rightcl way line Of the' O.C• a S.F. Railroad worm the saute bitior aty line Of the A- Hickman Survey, Abstract No. 5210 THENCE west a" the South boundarY line Of said Hickman Survey, a distance of 1130feet, Ir ore or less, to a point for a corner, same being the southwest corner of Bii . De Isstt y' the said Hickman Surveys THENCE north a" I" west boundary fine of the said Hickman Survey, a dis- tance of 2130 feet, more a less, to a point for a caner lying in an east and west county road IRnselawn); THENCE west along the center of saki county road a distance of 11180 feet, more a Tess, to a point for a corner In the west boundary Ine Of the J. Edmonson Survey, Abstract No.' 400 and Inc east boundary line of the W. Salvis,SurveY, Abstract No. 1174; THENCE north along the east boundary line of W. Sal-As Survey, a distance of 1100 feet, more or less. 10 a point , for a caner; same bel ng tie nor theast corner Of , the W. Salvis Survey, said poird also lying in arl.east and west county road;, THENCE' west iilong; the north boundary I'1oa of the W. Salvis survey, same being in the said county road a diq- twice of 1500 feel. More or less, to a point for a corner In the present city limits aq established by Ordinance No. 69 4 Tract 11. said poll) also lying SM feet test 'Of and perpenaicutar to the 'cen lerllnt d 1.14.35SN: THENCE north 26 degrees 51'40" Brit a" Saki preS, ell city Ilmiri 12".96 teat, frWo or 10s.6 to a point:. THENCE nor It 20 degrees 5712" test, along said prey' evil city 1Im1Y n distance of 382111 feel, MU*e Cr less, 10 a point for a cxw in He .wI~ wW 11m M th& 6 S.FWIrOad w~1he v 'wr south .,ovndarV Iino of 1lMr A. Hickman Survey, Abstract N0. 521; THENCE wesl along the south boundary line of said Hickman Survey, a distance of 1710 feet, more or less. 10 a point fcr a corner, same ' being the southwest Corner 01 Rs _ Drpul) the said Hlc.men SWvey+ THENCE north along the west boundary line of the said Hickman Survey, a dis lance of 21)0 feel, more of less, to a point for a corner lying in an east and west unty road 1Roselawnl; ,HENCE west along the center d said county road a , distanCeOf 11180 feet, more or less, 10 a point for scorner in I the west boundary ine of the J. Edmonson Survey, Abstract No. 100 and the east boundary ;;re of the W. Selvis Survey, Abstract M1. 11711 THENCE north along the east boundary line of W. Saivls Survey, a distance of 1100 feet, more or less, to a ' point for a corner; Same being the norl"ast corner of the W. Saivis Survey, said point also lying in an east a nd west county road; THENCE west along the will boundary line of the W. Sa'ivis Survey, same being in the said county road a dis- lance of 1500 ;eet, more or less, too point for a corner in the present City limits as establ;shed by Ordinance No. 69 40 Tract 11, said point also lying 500 feet east Of and perpendicular 10 the cen Jeri ineof I H.35Wr THENCE north 26 degrees 51'40" east along said pres- ent city limits 12".96 leer. more or less. to a point; THENCE north 20 degrees 50'IP' east along said pres. ent city limits a distance of 3827.79 feet, more or less, to a point for a corner In the west right of way line Of the G.C 6 S.F. Railroad; THENCE southeasterly along the present city limits as established by Ordinance No. 6040 same being the west right Of way line of the G.C 6 S.F. Railroad a dis- lance of 9373,95 feel, more or less, to the place of beginning and containing 367 acres of land, more or less. A Public Hearing will be held by and before the City council of the city of Denton. Texas on the 191h day of October, I"11, at 7:00 O'clock P,M. In the City Council Chambers of the Municipal Building of the city of Den toes, lexas, for all persons interested in the above pro- posed annexation. At said time and place all Such persons shalt have the r1of to appear and be heard. OI' all Said matters and things, all persons interested In the things and matters herein mentleir", wi I I lake r of lee. A Public Hearing will be held by and before I" City Council of the City Of Denton, Texas, on the 1st del of November, 1913, at 7:00 o'clock P.M. In rho City Council Chambers Of the Municipal Building Of 11114 city of Denton, Texas, for all persons above proposed aennolxation. At said time and place all Such persons shall have the fight to appear and be heard. Of all Said . mallers and things. all persons Interested In the lhfrgs and matters Wain mentiolir'will, lake mike. Richard 0. Stewart M:.yor CItyof Denton, Texas ATTEST: Charlotte Allen City Secretary V NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION i NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT., I The City of Denton, Texas, proposes to institute annexation proceedings to alter the toundary limits of said City to add the following described territory to the corporate limits of the j City of Denton, to-wits All tha: certain tract or parcel of land lying and being f' situated in the County of Denton, State of Texas, and being part of the 0. Brewster Survey, Abstract No. 56, A. Thompkins Survey, Abstract No. 1246, A. Hickman Survey, Abstract No. 521 and the I J. Edmonson Survey, Abstract No. 400 and being more particularly t described as follows: BEGINNING at a point in the present city limits as established by Ordinance No. 60-40, said point lying in the intersection of the west right-of-way line of the G.C. & S.F. Railroad with the south boundary line of the A. Hickman Survey, Abstract No. 521; THENCE west along the south boundary line of said Hickman Survey, a distance of 1730 feet, more or less, to a point for a corner, same being the southwest corner of the said Hickman Survey; THENCE north along the west boundary line of the said Hickman Survey, a distance of 2130 feet, more or less, to a point for a corner lying in an east and west county road (Roselawn); THENCE west along the center of said county road a distance of w 1880 feet, more of less, to a point for a corner in the west boundary line of the J, Edmonson Survey, Abstract No. 400 and ' the east boundary line of the W. Sajvis Survey, Abstract No. 1174; THENCE north along the east boundary line of W. Sajvis Survey, a distance of 1100 feet, more or less, to a point for a corner, x same being the northeast corner of the W. Sajvis Survey, said point also lying in an east and west county road; 4,4 THENCE west along the north boundary line of the W. Sajvis Survey, same being in the said county road a distance of 1500 feet, more or less, to a point for a corner in the present city limits as established by Ordinance No. 69-40 Tract II, said point also lying 500 feet east of and perpendicular to the i". centerline of I.U.35W; , THENCE north 26051140" east along said present city limits r=' 1244.96 feet, more or less, to a point; THENCE north 20"50112" east along said present city limits a distance of 38:3.79 feet, more or less, to a point for a corner in the west right-of-way line of the G.C. & S.F. Railroad; ' THENCE southeasterly along the present cit limits as established by Ordinance No. 60-40 same be &g the west right-of-way line of the G.C. & S.F. Railroad a distance of 9373.85 feet, more or less, to the place of beginning and • containing 367 acres of land, more or less. A Public Hearing will be held by andefore the City ouncil of the City of Denton, Texas, on the day of 1j< . , 1983# at 7:00 o'clock P. M. in the c ty Council Chamber or the ha~~~~ro r.. k ,y a ~ r~~-~ X~ i 04 . ~3 r City of Denton, Texas, 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 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 j of the City of Denton, Texas, on the --1- day of = 1983, at 7:00 o'clock P. M. in the City Council C amber of the Municipal 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 right 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 1 j 04 AR9 0 JL ST EW RT MA R J TY OF DENTON, TEXAS ATTEST: i UffARLOTTE RR RYA s Y L li F: i ^ c I k s i ~~S1~ t r~r •Tti~~ Syr yti ~ ' `M'~i'j+C~~+~'_ {yl//J~ i"~ NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. On the I_ day of , 1983, at 7:00 o'clock P. M. in the City Council Chambers of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. x. On the TZday of 1L- ,_}982, at 7:00 o'clock P.M. in the City Council Chamber of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, 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 0. Brewster Survey, Abstract No. 56 and being more particularly described as follows: BEGINNING at a point in the present city limits said point lying at the intersection of the west boundary line of the tract described in Ordinance No. 69-40 with the southeast corner of the tract described in Ordinance No. 80-56, said point also lying 500 feet west of and perpendicular to the centerline of I.H. 35W; ftY~y "F THENCE south 22001102" west along said present city limits as established by Ordinance 69-40 and 500 feet west of and parallel with the centerline of I.H.35W, a distance of 1427.56 feet to a point for a corner in the south boundary of a tract described in Volume 725, Page 365 of the Deed Records of Denton County, Texas; 5 THENCE north 89038130" west along the south boundary line of said tract a distance of 1208.37 feet to a point for a corner, same being the southwest corner of said tract; ,eta THENCE north 2042' east along the west boundary line of said tract a distance of 1322.74 feet to a point for a corner in the present city limits as established by Ordinance No. 80-67; +s THENCE south 89049' east along the present city limits a distance of 1681.22 feet to the place of beginning and containing 43.9 acres of land, more or less. 'V SECTION II. IF 'f The Mayor of the City of Denton, Texas, is hereby authorized 5 and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty ` days nor less than twenty days prior to the date of such public hearing, all in accordance with the Municipal. Annexat,'on Act (Article 970a, Vernon's Texas Civil Statutes). L. A N ^ p Won _ P'4'`gI ~ ~ ~y Ca ~ Y E 3' A : ~ d ~ fkY M f l,{f.f~ ~ : r i ~ IA .AAA ~ejY ~ v i l C ` a, ~ r• ; ~ ' r SECTION III. 1 This ordinance shall be in full force and effect immediately following its passage and approval. i PASSED AND APPROVED this the day of -c , 1983. P,-,Aa 1, COR j Di Y OF DE N, TEXAS ATTES9': a 41 r CITY OF DENTON, TEXAS a APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS d BY: a r s' fi~1 n i^ OVA. '4 6 P°r it 4 {j !k`f 1 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 j 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 0. Brewster Survey, Abstract No. 56 and being more particularly described as follows: BEGINNING at a point in the present city limits said point lying at the intersection of the west boundary line of the tract described in Ordinance No. 69-40 with the southeast corner of the tract described in Ordinance No. 80-56, said point also lying 500 feet west of and perpendicular to the centerline of ! I.H. 35Wp THENCE south 22001102" west along said present city limits as established by Ordinance 69-40 and 500 feet west of and parallel with the centerline of I.H.35W, a distance of 1427.56 feet to a point for a corner in the south boundary of a tract described in Volume 725, Page 365 of the Deed Records of Denton County, Texas; THENCE north 89038130" west along the south boundary line of J said tract a distance of 1208.37 feet to a point for a corner, same being the southwest corner of said tract= THENCE north 2042' east along the west boundary line of said tract a distance of 1322.74 feet to a point for a corner in the present city limits as established by Ordinance No. 80-67; THENCE south 89049' east along the present city limits a distance of 1681.22 feet to the place of beginning and containing 43.9 acres of land, more or less. A Public Hearing will be held by and _before the City Council of the City of Denton, Texas, on the 15 day of , 1983, at 7:00 o'clock P. M. in the City Council C am ers o e Municipal 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 right to appear and be heard. Of all said matters and things, all persons interested in th, things and matters herein mentioned, will take notice. A Public Hearing will be held by and 1iefore the City Council of the City of Denton, Texas, on the .4,2_ day of 1983, at 7:00 o'clock P. M. in the City Council C amber3 of the Municipal 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 right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. 4 A TEWART MAYOR k Y OF D N, TEXAS ATTEST: j 7 CHARLOTTE ALLEN, CITY SECRETARY t~ NO AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THR CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. On the day of 1983, at 7:00 o'clock P. M. in the City4ouncil Chamber o the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described below. On the Jf~ day ofw2Lyx Gc~p ,1982, at 7:00 o'clock P.M. in the City Council Chamber of the Municipal Building of the City „ i of Denton, Texas, the City Council will hold a public nearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the following described property, to-wit: All that certain tract or arcel of land 1yin and being situated in the County of Denton, State of Texas, and being prt of the B.B.B. 5 C.R.R. Co. Survey, Abstract No. 192, W. Bryan Survey, Abstract No. 148, J. Perry Survey, Abstract No. 1040, A. Coberly Survey, Abstract No. 1542 and the J. Scott Survey, Abstract No. 1222 and being more particularly described as follows: ;z BEGINNING at a point in the present city limits as established by uF Ordinance No. 79-28, said point being the intersection of the north right-of-way line of Jim Christal Road with the west right-of-way line of the G.C. & S.F. Railroads Yti Y F~ THENCE south 89036110" west along the north right-of-way line of said Jim Christal Road, same being said present city limits, a distance of 648.3 feet to a point for a corner; THENCE north 21011' west along said present city limits a distance of 748.5 feet to a point for a corner; F THENCE north 68009' east along said present city limits a distance :r of 600 feet to a point for a corner in the west right-of-way lint, of said G.C. & S.F. Railroad; THENCE north 21051' west along the present city limits as estab- lished by Ordinance No. 65-43, same being the west right-of-way of j said G.C. & S.F. Railroad a distance of 2928.15 feet to a point for a corner, said point lying 300 feet south of the centerline of U. S. Highway 380; THENCE north 88050' west along the present city limits as estab- lished by Ordinance? No, 69-40, 300 feet south of and parallel with the centerline of U. S. Highway 380, a distance of approximately 2941.11 feet to a point for a corner; THENCE south 0001114" east along the present city limits as established by Ordinance No. 79-83, a distance of 218.08 feet to a point for a corner; THENCE north 88045155" west a:.ong said present city limits a distance of 300 feet: to a point for a corner; i E K / Lim.r 6 v I _ + • y~- . ` THENCE north along said present city limits a distance of 223.67 feet to a point for a corners THENCE north 88050' west along the present city limits as estab- lished by Ordinance No. 69-40, 300 feet south of and parallel with the centerline of U. S. Highway 380, a distance of approximately 1567.11 feet to a point for a corners ' THENCE south along the present city limits, as established by Ordinance No. 82-52, 1250 feet east of and parallel with the centerline of Underwood Road a distance of approximately 3700 feet to a point for a corner said point lying in the centerline of Jim i Christal Roads THENCE westerly along said present city limits same being the centerline of Jim Christal Road a distance of approximately 125 s` feet to a point for a corner; ' THENCE south along the present city limits as established by Ordinance No. 69-40 a distance of 3971 feet to a poin: for a corners THENCE east along said present city limits a distance of 6099 feet to a point for a corner; a, THENCE north along said present city limits a distance of 3972.06 feet to a point for a corner; •s THENCE north 89036110" east along said present city limits a distance of 305 feet to a point for a corner; THENCE north 21051' west along the present city limits as estab- lished by Ordinance No. 65-43 a distance of 32.5 feet to the place of beginning and containing 1014.4 acres of land, more or less. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days i5 nor less than twenty days prior to the date of such public ' hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). 'i SECTION III. This ordinance shall oe in full force and effect immediately following its passage anO approval.. PASSED AND APPROVED this the y day of , 1983. x Qe s-A at a./' A D.O. , COY OF DESON, TEXAS ATTEST: w A?rz--~ a&5;4 ' CHARLOTTR ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY C_'TY OF DENTON, TEXAS i 11Y: ..~-1 c r r J .d.ev. F IN'I'lii: MA'IFTER OF CITY OF DENTON CHARLOTTE ALLEN '1'H E STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn,,,ays he is the GenernI Manager of the Denton Record•Chronlele, 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 following dales: NOTICE OF PUBLIC HEARING ON_CONTE~?LATFn ANNFXATtnN ` Z`1610 186 lines $74.40 OCTOBER 79 1983 Subscribed and sworn to before me+this 7 day of _ OCTOBER 83 Witness my hand and official seal. Notary Public, Denton Cos ay, Texas NOTICEOF PUBLIC HEARINOON IIF:III CANNEXAT110N D ICE BY H11• \,r. IrI IiLi( NOTICE I$ HEREBY' GIVEN TO ALL INTER ESTEOPERSONS THAT: IN'''IIF. )LVI"FF.R OFTHE The City of Denton, Texas, Proposes to Institute annexe flon Proceedings to alter the boundary limits Of Bald City to add Ina following de scribed territory to the cor• Donate limits of the City of ~ Denton, to wit; All that certain Iract or parcel of land tying and being situated In The County Of Denton, State of Texas and being part of the B.B.B. 6 C-R R Co. Survey, Abstract No. 192, W. Bryan Survey, , ~ No. 1FFIDAVITOFPUBLISHERTO Abstract No. 148, J. Perry PUBLICATION OF LEGAL. NOTICE Survey, Abstract ct No. 1040, A. Coberly Survey, Abstract No. 1547 and the J. Scott Survey. Abstract No. 1277 and being mote Particularly described Fih•d Ihr _ oat as follows; BEGINNING of a point in the present city limits as established by Ordinance No. 79.21L Said point being the 1IntersecV n of the north right of-way tine of Jim Christal Road wltn the well rightof -way line of the G.C. 8 S.F. Aallroad; THENCE South W degrees 3610'• west sloop the north right-oh way line of said Jim Ch, rstal Road. Same being said present city limits, a distance of 641.3 feet to a point for a corwI THENCE north 21 degrees St' west along said present R~ Deputy city limits a distance of 740.5 feet to a point for a corner; THENCE rwih 60 degrees 09' east along said present city limits a distance of 600 feet to a point for a corner In the west right of way lire of said G.C. L S.F, railroad; THENCE north 21 degrees W west along the present city limits as established by Ordinance No. 6543, same being the west right of way of said G.C. 6 S.F. Railroad a distance of 2928.15 feet to a point for a corner, said point lying 300 feel south cf the centerline of U'S. Highway 380; . THENCE north 08 degrees 50' west along the present city limits as established by Ordinance No. 6940, 300 feet south of and Parallel with the cenlarline of U.S. Highway 3q, a dlsfarw• OI approxi- mately [Yxr. I feet '*a point for a corner! THENCE South 0 degrees 01'14" east along the present city limits as established by I Ordinance 470. 7903, a des- I Lance of 112.tN feet to a point for a corner, THENCE north N degree; 03S" west along Sob P,%. en city limits a distance of teat to a point for a corlteri THENCE -A" along said prawn, cily lirhih a distance of 222,47 tat to • point for a cornerr THENCE north is degrees , west along the present 'City Umils P~tt "lawMed by OrdlW to No. WOO, 110 feet South of and p OIW with the e"110111. " of R lying 300 lee fn of _Ihk centerline 01 U S. Highway 380, THENCE north 66 degrees ,r S0• well along the present J city limits as establlshed by Ordinance No. 69 e0, 300 feet south of and parallel with the centerline of V.S. Highway 380, a distance Of al>9roxi matety 3941.11 feel to a point moov=W---" for a caner, THENCE south 0 degrees 01'11" east along the present city limits at eslabllsheo by Ordinance No. 1963. a dis farce Of 311.06 feet to a point for aWWII THENCE north N degree% 45,53" west along Sold pros ent city limits a d'lfance of 300 feet to a Point for a corned ViENCE north along said r r.-ent city Ilmits a distance 773.61 1441 to a Point for a ca'-'R r i THEN'.E north 60 degrees S0 we;t along the present clt J limits as established by Ordinance No. 69 40, 300 feel spills of and parallel with the centerline Of V.S. Highway 380, a distance of 6Pproxt' malcty 1561.11 feet 90 a Point I for acor,W; 1 THENCE south along the I present city limits, 01' established by Ordinance No. 1 6351. 1350 legit east of and parallel with the centerline of Underwood poej a dis- tance of approximately 3700 feet In a point for a corner said point lying in the cen- ferlineof Jim ChristalRoad; THENCE westerly along said present city lir:its ss~~e being the cenlerllne 41 11m Christal Road a distance +t approximately 135 feet to a point for acorner, THENCE South eior:9 the l present city limits ■s established by Ordinance No. 69 40 a distance Of 171 feet 10 a point for a cor..or; THENCE e_,r along said Of fill f t Ito a Point fora c ornarv THENCE north along said present city limits a dislanca of 3912.06 feet to a point for a corner; THENCE north 99 degrees 36' 10" asst along mid prK• ant city limits a distance 305 fat to a Da corMrl THENCE north 31 degrees SI' west along the present city limits as established by Ordinance No, 65A3 a dis- tance of 3:.. •t to the place of berlnnlrg and contalntng 1014.1 acres of land, more or lest. A Public Hexing will be veld by and before The CITY Council of the City of Denton, Texas on the 1Vh day Of October, 1963, at 1:00 o'clock P.M. In the City Council Chambers of the Municipal Building of the City of Den- ton, Texas, for all persons interested in the above Pro posed annexation. Al said time and place all :!ch persons shall have the right to appear and be heard. Of all said matters and things, ail persons Interested in the L things and matters herein mentioned, w i l l take notice. A Public Hearing will be held by and before the City - Council of the City of Denton, Texas, on the 1st dell of November, 1963, at 1:00 ,o'clock' P.M. In the City Council Chambers of the Municipal Building el life City of Denton, Texas, for all persons Interested M the I above proposed annexation. At said time and rtacr all IN T[IE MATTER OF City of Denton Charlotte Allen TI IE STATE OF TEXAS Roy Appleton, Jr. County of Wnton being duty sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regulzArly 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 following dales: NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION Z-1610 186 lines $74.40 OCTOBER 211 1983 ~v~ JTu~.. Subscribed and sworn to before me this.---- _ (lay of OCTOBER 19 83 Witness my hand and official seal. j Notary Public, Denton Gounty, Texas MOTICE OF PUBLIC }'ilr\n. _ HEI H£ABItltjoff i If:E Pei I'UBl- ,CANMEx1PLATIO )NI PAPER 1'16'°' INTHE)IA'TTER OFTHE NOTICE IS HEREBY GIVEN TO ALL' INTER ESTED PERSONS THAT: the' Gfy of Oenfon, Texas, Imposes to institute annexa lion Proceedings to alter I* bOliMary limits of said City to add the foilowing de- scribed territory to the cor paafe limits of the City of Denton, fawif: All that' certain tract or parcel of land lying and being situated in the County Of Denton. State of Texas and AFFIDAVIT OF PUBLISHER TO being part of the B.B.B. & C.R.R C9. Survey, Abstract PUBLICATION OF LEGAL NOTICE Wo. 192, W. Bryan Survey, Abstract No. 140, J. Perry Survey, Abstract No. 1010, A. Coberly Survey, Abstract No. ISU and the J. Scott Survey, Filt•d the Abstract No. IM and being more particularly described as folbrrl: . l9 BEGINNING of a point M the present city IimilS al established by Ordinance No. M.-M sa d point being the inlerseclion of the north right of way line of Jim C9ristaf Road wNh the west - right of way line of the G.C. &SF. Railroad; THENCE south " degrees 3610• west along the north r'*t-of-way line of said Jinn Cilrislal Road, same being said present city limits, a distance of 64.3. feet to a Drpat}' point for a caner; f3%' THENCE north 21 degrees Si' west along said present city 0,'nits o distance of 740.5 feet to a point for a corner; THENCE north 61 degrees W east along WJ present city limits a distance of 600 i feet to a point Ia a caner in II bfe west rof of way line of said G.C, 6 S. F. Railroad; THENCE roM 21 degrees SY west along the present city limits a(S established by Ordinanco 65 u, same Wing the west right-of way of sold O.C. 6 S Railroad s distance Ot 29~f is feel to a point fa a ca Ikr, said Whi lying 300. feet 'south of me cMterline a U.S. Highway 3101 I THENCE IMrtt}' M degrees z wrest along the present tifd lkylits'a! establTsMd by, Ordinance No. W4 300 feet 1004 of * W&Ilel with lrle cenkrlige oi.U,S. Highway 320, a distance bl,approxi- nfaMly 2411.11 feet to a point 1for 61, THENCE swJA 0, degrees 01,14" east il" the present j cite limits as established by OrcFn&Kt No.' MO, a dIs• lance of 21f.01 feel to a paint foe A torw, THENCE; natty SO. degrees Is'sr.wes: along said pres• erd.c* lMIMs A distance of 300 Ieef- to a point for a corner: THENCE hooch at" said oreftatt city limits a distance of 223. e7 feet 10 a point for a corher, THENCE m-Ml fat degrees I SW ° west sloop "the present cihf limits as established by a distance of ,928 .15 feet 10 a point for a conger, said Point lying 300 feet torah Of the centerline of U,S. Highway 300; THENCE nath'10 degrees SO' West along the Present city limits as established by Ordinance N0. a4k 300 feet soum of and parallel with the centerline of U.S. Highway 300, a distance of amoxi' maiely 294-1.11 feet 10 a point fora corner: THENCE south 0 degrees (I east a)ag the present city limits as established by Ordinance No. 2903, a dis- tance of 210.06 feet to a point fora corner; THENCE north 68 OeVees 6515" west along Said Pr", enf city limits a distance 01 300 feet to a point for a corner, THENCE 7.pcih a" Said present city limits a distance Of 277.67 feet lO a point for a corner, ThIEWE north 68 degrees SW west along the present city limits as established by orninaroce No. 69-a0. 300 feet south of and I>areiki with the centerline of U.S. Highway 360, a distance of approxi- mately 1567.11 feet to a point fora corner; THENCE soWN song tha Present city' limits, as eS1a01ished by Ordinance No. *S2, 1250 feel east of and parallel with the centerline of Underwood Pond a dis tance_,of approximately 3700 fw,6 a point for a corner said p6kit tying to the ceo- terlkm of Jim ChrWal Road; THENCE ~W*SlerlV Along said present Cffy limits same tlefM ceflto line of Jim ChrlsT~l ,FtopQ a distance of sp~rdailnel}fy 125 *4 Will pant for a corner; - - THENCE {path along the Priiinf-city ninifs as establ"dtw Ordinance, No. 69410 I} distance Of 3971 feet to a pOiM for a corner. THENCE east along said present city limits a distance of 6099 feet to a point for a cTHENarer CE north along Sai3 present city limits a distance of 39 2.06 feet to a pant for a cornea THENCE north M degrees W6 W' east along Said pres- ent city.limits a distance of 305 feet to a point for a corner; . , THENCE avtn 21 degrees Si•,, taest akx-q the present city limits as 6s'ablished by Ordinance No. 6563 a dts. tame of 32.5 legit to the Place of beglnnirtg and containing ,1011.4 eCrMOf land, VI W i A Public Hearwq bfl held ~ by. and, Dp10(e Z". City Cornell of the f Nt, ~fJ~I TVAKs fl'1h1' *A evy of October, 1901 V-740 ?Alciock RAL M the" Clty Council CMrttbers p1 1k~ MunWpal 6uflQfoo of IM ~Fq of a- kft Texas, ki Of bersgts Interested 10 the above pro'. POSep annexation. At said timer and place all such persons shall Lays the,right '10 sjpeor; and bi heatd'01 all said fiatteri and thl.gl, all persons interested in the thiMR and matters herein mentiorkd, will take notice. A Public Hearing wlll be held OY and before the Clty+ COUrI of ilk City of Denton, ?ex4K 'to the 1st day of NOvember, 1903, 'at 7:00 o'clock i M the City admen Chambers ~ of the Murkipal BullOing of the Cl, V 'Of fhn'.M, Texas. for all WSMI, Interested, M the' above proposed annexation.' At Said ilT* and place ail Such persons shall have the rlgM to appear and be heard. Of all sold matters and f f v, 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 B.B.B. & C.R.R. Co. Survey, Abstract No. 192, W. Bryan Survey, Abstract No. 146, J. Perry Survey, Abstract No. 10401 A. Coberly Survey, Abstract No. 1542 and the J. Scott Survey, I Abstract No. 1222 and being more particularly described as follows: i BEGINNING at a point in the present city limits as establi.ried by ordinance No. 79-28, said point being the intersection of the north right-of-way line of Jim Christal Road with the nest right-of-way line of the G.C. & S.F. Railroad; THENCE south 89°36110" west along the north right-of-way line of said Jim Christal Road, same being said present city limits, a distance of 648.3 feet to a point for a corner; THENCE north 21051' west along said present city limits a distance of 748.5 feet to a point for a corner; THENCE north 68009' east along said present city limits a distance of 600 feet to a point for a corner in the west right-of-way line of said G.C. & S.F. Railroad; THENCE north 21051' west along the present city limits as established by Ordinance No. 65-431 same being the west right-of-way of said G.C. & S.F. Railroad a distance of 2928.15 feet to a point for a corner, said point lying 300 feet south of the centerline of U. S. Highway 380; THENCE north 88050' west along the present city limits as established by Ordinance No. 69-40, 300 feet south of and parallel with the centerline of U. S. Highway 380, a distance of approximately 2941.11 feet to a point for a corner; THENCE south 0001114" east along the present city limits as established by Ordinance No. 79-83, a distance of 218.08 feet to a point for a corner; THENCE north 88045155" west along said present city limits a distance of 300 feet to a point for a corner; THENCE north along said present city limits a distance of 223.67 feet to a point for a corner; THENCE north 83050' west along the present city limits as established by Ordinance No. 69-40, 300 feet south of and parallel with the centerline of U. S. Highway 380, a distance of approximately 1567.11 feet to a point for a corner; THENCE south along the present city limits, as established by Ordinance No. 82 °2, 1250 feet east of and parallel with the centerline of Underwood Road a distance of approximately 3700 feet to a point for a corner said point lying in the centerline of Jim Christal Road; rCcH s THENCE westerly along said present city limits same being the centerline of Jim Christal Road a distance of approximately 125 e feet to a point for a corner; THENCE south along the present city limits as established by Ordinance No. 69-40 a distance of 3971 feet to a point for a corner; THENCE east along said present city limits a distance of 6099 feet to a point for a corner; THENCE north along said present city limits a distance of 3972.06 feet to a point for a corner; THENCE north 89036110" east along said present city limits a distance of 305 feet to a point for a corner; THENCE: north 21051' west along the present city limits as established by Ordinance No. 65-43 a distance of 32.5 feet to the place of beginning and containing 1014.4 acres of land, more or less. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the &r~ day of , 1983, at 7:00 o'clock P. M. in the C'lty-Council chamber o t e Municipal Building of the City of Denton, Texas, for all persons i 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 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 Cou cil of the City of Denton, Texas, on the day of 1983, at 7:00 o'clock P. M. in the City Council Chamber of the Municipal 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 right: to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A RD TEWAR , M4XOR y OF DENTON, TEXAS ATTEST: i / CHAR TT ALLEPI, IT SBCKETAKY I i 10 10. t r t . ri NO. AN ORDINANCE PROVIDING FOR THE ABAND014MENT OF A UTILITY EASEMENT ti WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, 'T'ITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE. OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to the Phyllis Breen Estate, as hereinafter provided; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to the Phyllis Breen Estate, for the consideration hereinafter more fully set forth; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned: Said tract being in the Vim. Neil Survey, Abstract No. 9700 Denton County, Texas, and recorded in Volume 427, Page 183 in the Deed Records of Denton County, Texas; Said easement crossing this property, comprising two parts as herein designated and described, including (1) a permanent easement 20 feet in width for construction or reconstruction of 1 utilities and appurtenances, and for perpetually maintaining an I all purpose utility easement and (2) an adlitional area adjacent to the permanent easement 40 feet in width, to be used for initial construction. PART 1. PERMA14ENT EASEMENT WITH CENTERLINE DESCRIBED A:; FOLLOWS: BEGINNING at a point in the south line of the aforementioned tract of land, said point being west a distance of 255.9 feet from the southeast corner of said tract; THENCE north 01°00' west a distance of 1305.75 feet to a point in the north fence line of said tract, said point being in the south line of Airport Road and being 278.69 feet west of the northeast corner of said tract; PART 2. CONSTRUCTION EASMENT / In addition to the 20 foot permanent easement as described above, an initial construction easement 40 feet in width is to be furnished. This easement shall be adjacent and parallel to the permanent easement and shall be 20 feet in width on each side of said permanent easement. The construction easement to be used for initial construction only. PAGE ONE U` T~ ' ~ t ~ r _ e'~7llj~f~11`i ~fr"^'~' .~f T T'. lx'.' i 'AT'+• rtt'ft'Sl7'. C'...a q.~~- g`' _ YyyJ 11 f S V 191 (amity- ! I 3 rt.t k I-' r ;molow 0 t SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement described therein to the Phyllis Breen Estate. SECTION III. That portion of the public utility easement herein described is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. f SECTION IV. I! This ordinance shall take effect and be in full foree and effect from aad after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the ysA---day of October, 1983. - - - 'p-ep, 'm 'r, RiD RT, MAY R g~frY OF D• ON, TEXAS A`PTEST : 4J) - CHARLOTTE: LEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTOMEY CITY OF DENTON, TEXAS BY: , ~I i ~ • r p T r.y:qp r ".^rF"r ~ f T ~^'~T..'} ^ ~ ~r C-^ r ~m n~ ; a'^ ' ~-fC.tR2'nf?~tlon~zs DeUiT4a THE STATE OF TEXAS,' \0«' ALL MEN BY THESE PRESENTS: COUNTY 0_ DENTON I 'Fnat THE CITY OF' DENTON, TEXAS, A MUNICIPAL CORPORATION of the County of DENTON and State of TEXAS , for and in consideration of the sum of -----------TEN AND N01100 ($10.00)-------- DOLLp.RS, I and other good and valuable consideration to it in hand paid by Phyllis Breen Estate of the County of Denton and State of texas , the receipt of which is hereb;' acknowledged, do, by these presents, E4RGAV;, SELL, RELEASE, ATM FOREVFTc II i QUIT CLAIM unto the said Phyllis Breen Estate, its s~ heirs and as.;igns, all its righttitle and interest in and to that certain tract or par- I eel of land lying in the County of Denton and State of Texas, described as follows, uu %it: d Said tract being in the Wm. Neil Survey, Abstract No. 970, Denton County, Texas, and recorded in Volume 427, Page 183 in the Deed Records of Denton County, Texas; it ~ I Said easement crossing t;:-; droperty, comprising two parts as herein designe,ted and described, including (1) a permanent easement 20 feet in I width for construction or reconstruction of utilities and appurterances, and for perpetually maintaining an all purpose utility easement and (2) an additional area adjacent to the permanent easement .10 feet in Width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: I` BEGINNING at a point in the south line of the afor?mentioned tract of land, said point being west a distance of 255.9 feet from the southeast corner of said tract; i! I THENCE north WOO' west a distance of 1305.75 feet to a point in the I north fence line of said tract, said point being in the south line of I' Airport Road and being 278.69 feet west of the northeast corner of said tract; ~I PART 2. CONSTRUCTION EASML- ! II In addition to the 20 foot permanent easement as described above, an ~j initial construction easement 40 feet in width is to be furnished. This easement shall be adjacent and parallel to the permanent easement and I,! shall be 20 feet in width on each side of said permanent easement. The construction easement to be used for initial construction only. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi. leges and appurtenances thereto in any manner belonging unto the said Phyllis Breen Estate 1 its heirs and assigns, forever, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors nor Mftx, "any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. R'TrINESS hand at Denton, Texas this day of Octoher A. D. 1983 R-itnesse_= at P,c•gce;; of Grantor: CITY_ OF DE' TEXAS 'T ::.F°^T"F TtLTF'd, CITY crCrrTARY ~ - - c S V ~i ;i I~ I 0 _ - 7 0 i. C7 J~ !I N C7 T` C N p H i--w f C, O !mss > H ci 7 3 2 O _ _ C c G II r L C C% M N -S,nddQ SS ('S "I) •scxay 'SlunoO >jiaij Slunoj 'uallts.a aaoqu lsul uca.i pug Sgp ;q) l ur ao~po Ic'SaunoJ plus )o la,,IO0 31Nf100 3H1, 30 It''3S Qht' Q!\tH AW MINIMA sa2vd uo' awnloA ur'SlunoO plus jo spaooaH.. `aq•o ut ''I'; xooh o it 61 .Q •t• _.;o St:p still papaoaal Slap p'trc -1S Xool',o Ic . 6T .Q .t < ;o Srp aql vo aatgo Sw uc prooal ja) pig sr.n 'uollrorluaglnt•;o alcagtlsaa sa! tmm ' 61 'Q 'Y jo Sep aql ua paaep Yutlus~ ;o auatunulsut 271lc2asoj aqI lrga Sjlliaa Sgaiaq op 'SlunoO pars ;o laro0 SlunaO aqI ;o Ilualo 3o A, IOM 'Svxaj. 3o ;dins alll. 3.LF~I~I.LH3~ S.9H37~ T -61 It aunj' sastax3 uoisslwwo0 ejt sexay 'SlunoO- ":Ignd S~elo~t ('S°I) _-._."6I'Q'Y - ----.;o Sep---- -----°c141'301330 .IO It 3S QNV QNtlH AN 'MIND X21AID -palels ulasagl Sllndra aqI ut pus 'passa.td-a ulazagl uolle:aplsuoa pus sasodsnd agI ioj ualriodaoo guns )o In aql ss awgs aqI palnaaxa oq Iegl pus 'uolltuodaoo to pies agi ;o In agI me awgs aql 78gI atu oI pallpalmoualot put Iuawnulsut SuloSaao; aql of pagtnsgns si aweu asoq.n .mWa pus umad aqI aq of aut of umou - - _".paueadde Slleuosrad Sep slgl uo 'sexaj, 'Slunoo plus :oj pus ul 'dluoglne pau8lsrpun a-41 `31S 3H033H _ . _ " 30 ASAfloo 'svxai, do aw, is aHLL X& T3ICJa3'IAkO.KX3V NOIJVHOaHOD 61 It aunp ;asldx3 uolsslwwo0 SIC snxaj, '.Sluno3 'orlgna StrioN: ('S"I1 GI '(1'Y jo Sep slU '301330 30 'IY3S Q\Y Q\TYH AIS H3 X q X3Alo -passajdxa ulausgl uograapls,= put: sasodsnd aql .roj awgs aqI palnoaxa aq 1c41 aw oI paApaimouyau put, 'Iuawrt.tlsm Suro8aso; aql of pagrsasgns aweu aseq.n uosaad aqI aq oI aw of uxrun . pamidde Slltuostad Scp slgl uo 'sexa,y'Slunoo plus ie; put ut 'Slp"Iric paublsiapun aga '3iS 330333 30 x.LNno0 'svxai 3o HIvss axl 3 `3ICJ.'I37A10.\'!i~t' a'Io.\IS 61 IT aunp sa.rrdx3 uorssrwwo0 .SIC sway SlunoD 'allgn,l ,Snit. CSI) 31 'Q't" jo .Sep slgA 30I330 30 7Y3S QNY QXV14 AN HaGNf1 N3AIo 'passaudxa ulaaagl uollc.tapisuoo Put; sasodsnd aqI ioj awgs aqI palnoaxa aq alga a,u of po:zpale%ou~ac puu';uatumi;sut 3uro8asoj aqI oI pagpasgns awru aseg.~% uoslad aqI aq oI aw of u,%tou l Ia.c.; ~rrs:~ • :..d .i~ i' a -~,1 rt':r~ pine soj puu ur 40 Al\.'100 • JI 'RESOLUTION IN APPRECIATION OF •BRUNO DIAZ• WHEREAS, Bruno Liaz is retiring from the City of Denton 5 effective October 6, 1983; and J i WHEREAS, Bruno Diaz has served is an employee of the City of Denton from October 31, 1953 to October 6, 1983; and i i t WHEREAS, Bruno Diaz has been a faithful, dedicated and hardworking employee in the Wastewater Treatment Plant t for the past thirty years; and WHEREAS i the management staff ano fellow employees of Mr. Bruno Diaz have enjoyed and appreciated working with Mr. Diaz throughout these years; } NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: •.J i that the City Council of the City of Denton, acting on behalf of the citizens and staff, wish to acknowledge with grateful appreciation tie services of Bruno Diaz, ana the devotion he has given to the City of Denton in 'he performance of his dutis:: during his thirty years with the City of Dento-j, and order that. this y Fesolution be made a part of the official Minutes of the City Council to be a per.nanent record of the City "z* of Denton, and that a copy ba forwaraed to him, Bruno Diaz, as an expression of our sincere appreciation. PASSED AND APPROVED this 4th day of October, 1983. ~ :WD 0. EWART, Y C,k T1 OF D: N, TEXAS 1 ATTEST : LOTTE LLF,N, CIT SECRETARY R CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C • r C.J. YLOR, JR , CITY 9T RNEY CITY OF DENTO , TEXAS ~ `F'IJ,~ ~ ~r , tar I a ~ x( A' LIX wr. ~ r y .V YR. a ,rya R E S O L U T I O N t WHEREAS, the City of Denton, Texas, has heretofore entered a • f into a Contract with the Federal Government for recreational development associated with Ray Roberts Lake and thereby is -.a obligated under subject contract to also provide certain f recreational facilities at Lewisville Lake; and WHEREAS, the Corps of Engineers, Fort Worth District t Offices, believes that a Greenbelt Corridor between Ray Roberts r• and Lewisville Lakes may be substituted in lieu of additional cam; recreational development at Lewisville Lake; and WHEREAS, the City of Denton, City of Dallas and the Texas t " Department of Parks and Wildlife believe the Greenbelt Corridor project is a more beneficial recreational project than additional recreational facilities at Lewisville Lake and will provide a much needed recreational resource in the North Texas z> Metroplex area as noted by Texas Parks and Wildlife surveys; and rti) 5 WHEREAS, the Greenbelt Corridor will be less expensive and have a better cost/benefit ratio than additional recreational facilities at Lewisville Lake; and r s' WHEREAS, several area organizations such as environmental groups, area recreational groups, the Sierra Club, the North Central Texas Council of Governments and others have expressed w: 's support of the Greenbelt Corridor project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. The Denton City Councii supports the Greenbelt Corridor project; and SECTION II. The Denton City Council encourages all other parties interested in the type and quality of recreation that will be i provided by such a Greenbelt Corridor to loin in support of the Greenbelt Corridor project; and PAGE ONE ?JIM ' F h x. `3 n a F SECTIOU III. The Denton City Council encourages all parties to work together towards the successful completion of toe Greenbelt Corridor project, a project that will be beneficial for f generations to come for area residents, fishermen, canoeist and s others who enjoy the outdoor natural habitat type of recreation that will be provided by such a Greenbelt Corridor. SECTION IV. That this Resolution shall be in effect immediately upon its passage. PASSED AND APPROVED this the~Lday of , i98s. a CHA d . STEWA , /MAYOR CITY OF DENTON, TEXAS 3 ATTEST: CHARLOTTE ALL-!'N1 CITY ECRETAR CITY OF DENTOL, TEXAS dLy~ 1 APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS r F a BY: `i Fy. ~'iY ~~rf w ''a, x PAGE TWO , 77 t t'{,t(G.x p v b ~ r`-'tl ~ f'}WRe Z'~'~^ ~ }✓~'t a~~`.t ~u•n .~„°j,'~l'e ~:''t Ri~;$ 7 "'G.'~A "j, y~ t yn~,?y n; s v~ y1 e„ r - . ♦ _ -ILL 1I .1 y.~ j R E S 0 L U T I 0 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JENTON, TEXAS: J ♦ ' yeys . f SECTION I. The City Council of the City of Denton, '.exarf hereby casts ♦'F all of its 560 votes for Raymond Pitts as a membe.7 of the Board INN of Directors of the County Wide Appraisal District for the County of Denton, Texas. SECTION II. +a This Resolution shall become effective from and after its a~ to of passage. C- L IN' PASSED AND APPROVED this the 4th clay of October, 1983. ~F G f D O. TEWART, MAYfR- DENTONI TEXAS I Y~ t ATTEST: CHARLOTTE-ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORld: C, J. AYLOR, CI ATTORNEY CITY F DENTO , TEXAS 3-4 ALI d~Gi' 11 ' S WE .5 a .r rV: f R E S O L U T I O N ,M. WHEREAS, heretofore previously, Senate Bill 595 has been adopted by the 68th Legislature of the State of Texas, said bill ' becoming effective only upon the adoption of a constitutional amendment proposed by the Legislature; and ~s WHEREAS, Senate Bill 595 provides a workable and meaningful mechanism for many cities, towns and villages in the State of Texas to repair, replace or otherwise correct deficiencies in the sanitary sewer systems in said cities; and WHEREAS, Senate Bill 595 provides a mechanism to lessen the " impact of the cost of relocation of sanitary sewer laterals upon private property by allowing the cities, towns and villages to make low-interest loans to property owners, which might be repaid in increments based upon agreements between the property owners and the cities, towns and viliages; and WHEREAS, the provisions of Senate Bill 595 are discretionary for both the cities and the property owners and no participation can be required or mandated without the voluntary agreement of each property owner; 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 a constitutional amendment, pursuant to Senate Joint Resolution 17 providing for the adoption of legislation authorizing the expenditure of public funds by cities, towns and villages for the relocation of sanitary sewer laterals upon private property, to be submitted to the voters of the State of Texas in a special general election to be held on Tuesday, the 8th day of November, 1983, and urges each person in the City of Denton to actively support and secure the adoption of the constitutional proposition. .1 ! J,J J . yi . 4 SECTION II. The City Council of the City of Denton calls upon public ",A service organizations in the City to urge their membership to favorably consider the adoption of the constitutional amendment pursuant to Senate Joint Resolution 17. PASSED AND APPROVED this the A/ day of October, 1983. All AI O. TEWART OR DENTON, TEXAS pK k t ATTEST: 7 CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Q Q. + C. J. TAYL , JR., CITY ATTORNEY C R OF DENTON, TEXAS _ r~ THE STATE OF TEXAS 9 RESOLUTION COUNTY OF DENTON 9 WHEREAS, the entire world depends on mutual trust among nations in the conduct of civilian affairs; and WHEREAS, civilian airline passengers are particularly vulnerable to uncivilized terrorist actions by any group or renegade nation; and S` p. tr WHEREAS, on August 31st a Xorean civilian airliner with 169 passengers aboard was destroyed by the Soviet Union; } NOW, THEREFORE, BE IT RESOLVED that we express our outrsge at this uncivilized and inhurn: action b g y government of the Soviet Union; and p BE IT FURTHER RESOLVED, that we expre, ir sympathy to the families of the victims of this ult on humanity; and BE IT FURTHER RESOLVED, that we the govt-r,La:ent of the City of Denton express our support anu tl;e support of tl:e people of our city to our national goverrvrent, the President and the Congress as they represent our individual and national interest in this tragic situation. PASSED AND APPROVED this the 4th day of October, 198:. AAA t D O. IEWART, MA R ,r (ff TY OF DFNTON, TEXAS i ATTEST: CHAR ;TE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: o Zlo)~ C. J. Y1iR, 'TORNEY CITY F D. N , TEXAS f i~5.• jji{ 1 >.t g r 'tf S '"Yt~`' i{SC~k"j~c< -r •s7 {{tt 15 R 4r Y 4t s J , q t i r i q.r .I rAegl~re/r/1 ~a ` INDEPENDENT CONTRACTOR'S AGREEMENT V. THE STATE OF TEXAS § COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule City ~a situated in Denton County, Texas, hereinafter called 'City", acting herein by and through its City Manager, and Group Graphics, 101 Avenue A, of the City of Denton and County of Denton, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Contractor will prepare five hundred (500) Economic Development Factbooks to include the following: Typesetting $ 588.00 (based on 21 hrs. of labor) Pasteups $ 212,29 (based on 16.3 hrs. labor) Art Layout $ 500.00 (based on 25 hrs. labor) Printing of 9 dividers $ 625.05 500 of each with color ink; 4 colors of Beckett Cambric Linen Cover. Printing of (40) inside $ 421.20 book pages (150 of each on linen) Paper Cutting $ 63.00 150 of each book page 500 of each divider page Samsill 3 Ring Binder: $1,750.00 Two color silk screen front 500 binders Three Hole Punch for Ring $ 50.00 Binders Collating $ 150.00 Screening $ 80.00 Plates $ 50.00 PAGE 1 14 r, . r tea, rr, k i Ir 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay c Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Four Thousand Four Hundred Eighty-Nine and 54/100 ($4,489.54) Dollars. cs. Dates of Payments: Contractor shall be upon C' completion of the factbooks. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an Independent Contractor and shall not be deemed to be or considered arA Employee of the City of Denton, Texas for the purposes of incom,_ tax, withholding, social security taxes,, vacation or sick leave benefits, or any other City employee benefit. The City shall have supervision and control of Contractors and it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the I satisfaction of the City Manager of the City of Denton or his designee under this Agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this Agreement are to be paid by the City from special funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION:. City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 7. TERM OF CONTRACT: This Agreement shall commend: c.,, the ~ 27th day of June, 1983, and end on the lst day of January, 1984. 8. MODIFICATION: This writing constitutes :_he entire Agreement of the parties. No modifications, changes or i f 1 i j PAGE 2 Ohm- VDIZE 11 . .9 y. ~z minim e4 amendments hereto shall oe effective unless in a writing executed by the City and Contractor. EXECUTED the this day of 11~ r 1983. K CITY OF DENTON, TEXAS s BY 9HARDST R pR JZ) ~Z 4 ATTEST: CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: GROUP GRAPHICS, CONTRACTOR BY: ,;c That is hereby designated as the person to admi ister the provision of this Agreement. 11~~ HARD STSWAR M R r t j 5 PAGE. 3 MM~rw iwln~+wrlwOR ~'A l i INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and C. H. Rodgers, herein- after called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor Y agrees to perform the following services: A. Supervision and consultant aervice for the Denton Electric Generating Unit #2, the inspection of the turbine, generator and its components. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Seven Thousand Three Hundred & Eight Dollars ($7,308.00). B. Transportation Costs: Mileage: 90 miles per day for 24 days = 2,160 miles at 25~ per mile: 90 X 24 X 250 _ J540.00 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit, The City shall not have upervision and control of Contractor or any employee of Contractor, but it is expressly understood that Con- tractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by f the City Council for such purposes in the Budget of the City of Denton. PAGE ONE. ,1 ft~ 1 Ili, f mom ' dh 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: None. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City or Contractor reserves the right to cancel this Agreement ar. any time by giving the other party thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the /4H' day of 1983, and end on the 10 day of ~lc~Yk,.~(►c. , 19-9~3. EXECUTED the this day of October, 1983. CITY OF DENTON, TEXAS 711, RD, O. EWART, Y ft ATTEST: CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM C. .1. TAYLOR, JR., CITY ATTORNEY BY: CONTRACTOR C. If. ROD S That Robert E. Nelson, is hereby designated as the person to administer the provision of this agreement. DATE HARP STEWARZ PAGE TWO THE TRAVELERS INDEMNITY COMPANY Hartford, Cgnnecticut Continuation Certificate in Surety), in consideration of the payment o the Iremium of The Travelers hjd;mmty Company (herc rafter called the hereby cc ntirmes in force its _Dollars ' ~ favor )J~ o ehalf of- I)OVA nu 11)(Nd - on ' Ch•?,rlottc~'r mof o , ; in ~ - and ending (on the for the extended f encxl, bcginni g on the 1" rlay of _ o - day of-'-t? '=1' 19 , subject to the terms, conditions and limitations of said bond. This continuation certificate is executed upon the express condition That the Surety's liability under said bond, together nith this aril all precious continuation certificates shail not be cumulatke and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. tower _ 19 ' - Signed sealed and dated this__ day of "f7.D_.?~' "nn 11 "17 ",-L ?.'.`(r Tlo 1'._ T, t P'1('i. Principal THE TRAVEI,E; IS INDEMNITY CON113ANY ,ltturneN-in Fact 5-685 REV. 7-67 PRINTED 14 U.5 A. O A T H O F O F F I C I CITY OF D' 'TON BOARD AND COMMISSION I, Michael Lawrence, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Historic Landmark Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 10th day of October, A.D. 1983. To certify which witness my hand and seal of office. 01 ~ Vir CITY SECRETARY CITY OF DENTON, TEXAS !II tti1~ _ . _ DfM: UZOCLL W" 7'000'M04 r - . . 7 CORP_ECTION EASEMENT PHYLLIS LEE BREEN RE41 PROPERTY RECORDS for and in consideration .f the sun of one 'uc'iar (51.-00) cash to us ir. hand paid by the City of Denton, Texas, a r_-icipal corporation of the County of Denton, State of Texas, the receipt C. which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to ou'r property, do hereby GIVE, "-'NIT and EXTEND to the saiG Cit; of.Dentnn, Texas, its successor: and assigns, the right to construct or reconstruct utilities and perpetually maintain an All-Purpose Utility Easement in, upon and across land described as follows: Said Troct being in the 14m. NEIL Survey, Abstract 970' , Denton County, Texas, and Recorded in Volume 427 Page 183 in the Deed Records of Denton County, Texas. Said easement crossing this property, coiprising two parts, as herein C~Sionated cnd described, including (1) a permanent easement 20 _ feet i- width, for construction, or r=construction of utilities and appurt e~:nces, 3,id for perpetually inaintaininn an All Purpose Utility Ease- r:nt, and an additional area adjacent to the permanent easement feet in width, to be used for initial construction. =T 1. P1),'MANEN7 EAS'M"tT WITH CENTERLINE DESCRIBED AS FOLLOWS: cESINNiNG at a point in the South line of the aforementioned.tract of land, said point being West a distance of 255.9 feet from the Southeast corner of said tract; THENCE North 02 degrees 47 minutes 50 seconds West a distance of 1307.7 feet to a point in the North fence line of said tract, said point being in the South 'pine of Airport Road and being 342.0 feet West of the Northeast corner of said tract. his document is to correct the center line bearing and distance of North i:io oo'W 13Cr.75' as shown in the document recorded in volume 1111 page '58 of the deed records of Denton County, Texas -',T 2. Cv.,.27RL'CTION EASEMENT addition .o ie 20 foot permanent easement as described above, an initial 1 X71 F4E570 Ci"Y o entOn, Te)asi s7a 11 have the -iQht Gr,c _ C. r`r ^ ^ V 1 dis•cse af, off the site, trees, brush, debris, er.css~ e. _:av3 Fr 's'rial, E;C, in the easements, that would interfere access to '^e corstruction site and that would interfere with construction of the said facilities. TO HAVE AND TO P.M. all singular, the privileges aforesaid to it, the said City of Der,'Con, Texas, its successors and assigns forever, -,ether with the right and privilege, at any and all tim:~s to enter said s-_ ses or any part thereof, for the purpose of constructing, reconstructing perpetually maintaining said facilities together with necessary appurte- ,,arses inside said perpetual easements and for making connections therewith; upon the condition that the City of Denton, Texas, will at all times, e`;:r doing any work in connection with the construction, reconstruction c•• repair of said facilities restore said premises as nearly as feasible :c the condition in which, same were found before such work was undertaken, i^-luding repair of all fences that might be disturbed or damaged in per- fo•ning said ti..ork, and further upon the condition that in the use of the of.resaid rights and privileges herein granted, the Cit; of Denton, T=a;as, will not create a nuisance or do any act that will be detrimental said premises and that said tract will not be used by said City-of Gs ton, Texas, for any other purpose, under this grant. except as -.e-ein provided. WITNESS OUR HANDS this day of A.D. 1983 Ph j i);s Lice. 13reern TATE OF TEXAS 9 T`'^j' OF § E?OIL' ME, the undersicnec authority, in and for said oust Texas, on this day p -sonally appeared P`L N f /_5 _ -Zge known e to be V,e Derson whose P.2i^e (is) ( ? sufJ'scLibed to ^e _eeoinc instrument, and ackncwledced to me that She -xecc- ed the saim e `or the purposes and consideration therein :x_ re .led. G. r. _'£o rv LAL;D A D SEAL OF Orr ICE, T1ni5 the day _ _ P T A.D. 19-0 y l e f' Cc[;r;T-, ^EXA- t r tM 1 i ' I ' i VOL 1271 PAGF571 A~~~OQT 110A~J j _ WEST •~1 I 342.0 t SCALE: / = ?GY>' 20 ~PE/?MANcc.NT ALL A-112POSE - 1 ~l UT/L /T Y EASEMENT I k j f~1I~1 , ~ ?O' jEMPOP,4/?Y ~ l " p CONS712CC71011L=ASir1T 1~1 0 m I~ I I CUE ST i 2sS9' POINjo 15SG'1A1N1NG i I 1 I J UTILITY tF 5AEml: `vr5, 1 H' lrWLA VOL t1271PhGE572 ,a 7 ~Y -~t-s- t "a o -Is j rf t v~ C{'f 1 OD vt 4 CD J) o m m W H h x r~o ~v Z? o~ c '~c ~ 1. 2ti t r ti 1\ • 1 r 4 ,Y TRANSMITTAL MEMO FOR CONTRACTS AND LETTERS OF AGREEMENT BID # C/ FOR REVIEII: DATE: ORIGINATING DEPARTMENT Ve-v7` a ed Date PUPCHASING AGENT -Y 12 PyALswed Date / / PERSONNEL, When for Personnel services Reviewed Date bel DIRECTOR OF FINANCE _ Reviewed Date Lp FOR APPROVAL OF LEGAL FORM: CITY ATTORNEY Al F02 PROGRAM APPROVAL: CITY MANAGER ZK/ FOR MAYOR/CITY MANAGER SIGNATURE: FINAL DISTRIBUTION OF APPROVED/COMPLETED CONTRACTS: D E ORIGINAL ZS CITY SECRETARY COPIES ORIGINATING DEPARTMENT / PUPCHASING DEPARTMENT / ACCOUNTING DEPARTMENT X1 CITY ATTORNEY /X/ VENDOR/CONTRACTOR O086b/lc #91gg I CONTRACT AGREEMENT SPATE OF TEXAS COUNTY OF Denton ) THIS AGREEMENT, made and entered into 0 s 10 day of October _ A.D., 19_U_, by and between The City of Denton, Texas of the County of Denton and State of Texas, acting through G. Chris Hartung, City Manager thereunto duly authorized so to do, Party of the First Fart, ! her.~inafter termed the 0NEk, and D/FW Utility Company, Inc. and Billy Blair Joint Venture, P.O. 3ox 153741 of the City of Irving , County of Dallas and state of Texas Party of the Second-Tart, hereinafter termer CONTRACIUR. itiITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (UhNEH), and under the conditions expressed in ti,: bonds bearing even date herewith,I the said Party of the Second Part (CUNTRACPUR) hereby agrees with the saia Party of the First Part (WvNER) to commence and complete the construction of certain improvements described as follows: Bid #9193 P.O. #63070 Drainage Improvements and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accoraance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to bidders (Advertisement for bids), Instructions to bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 # 9 Y48 written explanatory matter tnereof, and the Speclf tions tnerefore, as prepared by Jerry Clark, Engineer for the City of Denton, Texas r all of which are mace a part hereot and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date 'established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton, Texas 4 Party of ttie First Part, Park of Vie Second Part, {Ow e } LContractor) By GAEA Cris Hartung, City a ager a TTEST: A APPRUVED AS TO FORM: r _ pity Attern CA-2 PERFORMANCE BOND SATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That D/FW Utility Company, Inc. and silly W. Blair Joint Ventureof the City of Irving 1 County of Dallas and State of Texas as PRINCIPf.L and Fidelity and Deposit Company ~ as SURETY, authorized under the lava of the State of Texas to act as surety on bonds for principals, are held and firmly I bound unto the City of Denton, Texas as OWNER, in the penal sum of six hundred twelve thou. four hundred thirty six and 25/100 Dollars (1 612,436.25 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: I f WHEREAS, the Principal has entered into a certain written contract with the OMER, dated the ^10 day of October 19 83 , for the construction of Did 9193 P.O. #63070 Drainage Improveaaents _ which contract is hereby referred to and made a dpart hereof as fully and to the sane extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal *n be observed and performed, and according to the true intent and meaning of Said Contract and the Plana and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-l A Al PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of tine, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, ectension of time, alteration or addition to the tents of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Princip.a.1 and Surety have signed and sealed this instrument this 11th day of Otto]per 19 83. D/FW Utility Company, Inc. and Nilly W. Blair :mint Venture Fidelity and Deposit Company P inclpal Surety Title Title,Attorney in Fast ! Address _ Address 927 W. Pioneer Dr r4 vine. Texas 75061 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: sUJURIAN I?:'UMNrmg AGJZM IN..,. 927 W. Pioneer Drive, Irving. Texas 75061 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b # 9 17 3 PAYMENT BOND STATE OF TEXAS COUNTY OF ) KNO'N ALL MEN BY THESE PRESENTS: That D/FW Utility CW98nV. Inc. and , Billy w. lair Joint Ventura of the City of Trying County of Dallas and State of sue,,,, as principal, and _ Fidelity and Danoait c y authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The Cfts of Denton, Texas ON NER, in the pens sum o six hund, twelve thou, four hund. thirty six b 25/100 ($612,436.25 ) for the payment whereo the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes pres•:nts : WHEREAS, the Principal has entered into a certain written contract with tha Owner, dated the IO day of October , 19 83 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOlf, THEREFORE, THE CUNuiTION OF THIS OBLIOA'rio IS SUCH, ~ I. that if the said !'rincipal shall pay all claimants supplying lauor and material to him or a subcontractor in the prosection of the work providod for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 516U of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. ?B-3 #91Y3~ Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN rd1THNESS hHEREOF, the said Principal and Surety have signed and sealed this instrument this 1•lth day of October 19 83 D/FW utili.ty company, Inc. and ridAlity and najgjwqf~ an Billy W. 1.1a,,Xpin Ventura _ Surety rin i Title Title Attorney n Not Andress Address 927 W. lioaegr Dri,%e&f Q; Texas 75061 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: SURIMAN INSURANCE Q1zNCY, itjr!_ 927 W. PAoneer_Urive Irving. Texas 75061 i P6-4 #917y MAINTENANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: THAT D/M Utility Caa+vanv. Inc. and Billy W. Blair Joint Venture as Principal, and Fidelity and D PQpit C~Pa ny a Corporation autnorizea cc do ~usiness in the btate of exas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum Of sixty one thou. two hund forty three _do ar's 61.243.00 101 of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said D/FW Utility Conman_Z, Inc. and Billy W. ~int Ven- ture has this day entered into a written contract wit the said l;rty of Denton to build and construct aid i19193 2.0- 463070 pxainave Impromementa which contract ana he plans an specifications tnereiinn mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: NhEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary bacKfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on. account of improper excavation or backfilling, ~ it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and ctiarge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. blli-1 ' J #9143 NWij THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches or: the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue tiroughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNLSS hHE"EOF the said D/FW Utility company. Inc. and Billy W. Blair Joint Venture as Lontractor and Principal, has caused these presents to be executed by and the said _and~ -Polly as surety~as cause these presents to be executed by its Attorney - in-Fact Gordon B. Fagg and the said Attorney-in-Fact has hereunto set his hand this 11th day Of October SURETY: PRINCIPAL: j D/FW Utility company, Ina. and 1►idelity 'Yid be posit Comnoanv Billy W. Blair saint Venture E Y .~2t~i' a rd ' Fagg Zz Attorney-in- act i 11 I I r3~-2 CITY OF UENTUN # 1 9 3 INSURANCE MINIMUM kEQUiR&JENI'S l~itnout limiting any of the other obligations or liabilities of the Contractor, the Contractor snall provide ana maintain until the work is completed and accepted by the City of Denton, Uwner, minimum insurance coverage as follows: E U L K l,E i' S U 1A81 _ 60KMM N S CUM G, S UN S UK II. COMPREHENSIVE GENERAL LIABILITY Bodily Injury $300,000 $300,000 Each occurance Aggregate Property Uamage $100,000 $lU00U00 Each accident Aggregate 111. CU,'-iPREHENSIVE AU'10MOBILE LIABILITY Bodily Injury $2509000 $s00,UU0 tacn person tacn accident Property Damage $Iuu,uuu Each accident A. In addition to the insurance described above, the Contractor snail obtain at his expense an UlvNER16 PROTECTIVE LIABILITY INSURANCE PULICY naming the City of Denton as insurea with the following limits: BUJIILY INJURY PROPERTY L)A:IAG}: i $100,000 each person $100,000 each accident { $300,OOU ach accident $lUU,U00 aggregate Covering the work to be performed by the Contractor for j the City of Denton. B. The contractor will furnisn the Uwner's Protective Policy described above ano execute the Certificate describea on the following page to the City of Uenton for its approval. insurance must be accepted bzfore commencing any work unuer the contract to wnicn this insurance applies. C1 - 1 ~ G ~ CERTIFICATE OF INSURANCE #9 193 THIS IS TO CERTIFY that the (ullowing policies. subject. to their terms. conditions and exclusions. have been issued by the company or cumpanies shown below: THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends. 1xiends or alters the cuveraec at'forli by the policy or policies shown below. nor is it an endorsement making the person, firm ur co poration it whose request it is issued an additiunal insured on the policy or policies referred to herein. In the event of ;ny material change in or canceilation of the policy or policies. the compariv or companies will mail ten f 10) days written notice to the party to whom this certificate is addressed. NAME AND AOORESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: 10-11-83 REMARKS. r City of Denton Bid 4 215 E. McKinney Denton, TX 76201 L Attn: John J. Marshall, C.P.M. J Purchasing Agent l NAiVIF AND AiJVnEi6Oh iNbUREU: D/FW Utility Co., Inc. P.O. Box 153741 Irving, TX 75015 Policy 1 Er}eetive Expiration Insurance Company I Type or Insurance LIMITS OF LtABILITY• ! Number Oate Date s cam.- l i Norkrnen't Ccmpensation Statutory Safeco Ins. Cc.~ and WC50277A 2-17-83 2-17-84 1 Emoioyers Liability ` IEmptoyers Lial:)WIV Limits-5100,0040 Comprehensive ° is Boddy Injury General Liability 300 '_ac!+Oceurrenct Safeco ins. Co CPL50277A 1 2-17-83 2-17-84 Aggregate Products Is 300 S Comohted Overano[ l i Property Oamage i k ; S 100 Each Occurrence -100 Is Aggregate Operations S Aggregate Protectivt i { S 100 Aggregate Contractual I Aggregate rrooucts 100 y Comoieted Ooeratio Comortheroive I I Bodrly Injury l Automobile Liabilirv" is 100 Each Person -III Safeco Ins. Coo CA50277A i 2-17-83 -17-84 FS- Eicn occurrence i Property oan,age l I ~S 100 Each OCCUrrenca 11 r I V I I' 1 ~I 1 I 'Absence or any appropriate entry means no tuck insurance is in torte. *WS AND ADCF£55 OF ACFSCY "Covers an owned. non owned or hired venictes SUBURBAN INS. AGENCY, INC. 927 Will, Pioneer Dr. Irvingr JX P75461 1(214) 254-9191___-.. r-°f_' ^F cz:IC° Aomori;e4 Keoresentauves or the lntvrance Companies referrto to above BID 19 193 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Drainage Improvements 1983 IN DENTON, TEXAS i The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, i specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of { materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements cf the City as therein set forth. It is understood that thr; following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and Viat all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional w)rk ordered by the City, but not shown on the plans or required i:r the specifications, in accordance with the provisions tc the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. I ~ P - 1 It is understood and agreed that the work is to be completed in the number of working days listed below: 1. Bell-Corinado 100 days 2. Paisley-Mulkey 40 davs 3. Ponder 80 days Accompanying this proposal is a certified or cashier's check or Sid Bond, payable to the Owner, in the amount of five percent: of the total bid. It is understcod that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the pro?osal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the owner reserves the right to reject any and all bids. i The undersigned hereby proposes and agrees tj perform all work of whatever nature required, in stn.ict accordance with the plans and specifications, for the following sum or prices, to wit: I i i a P - 2 P. 0. Bid # g Y 3 100 work days BID TABULATION SHEET BET CORONADO DRAINAGE IMPROVEMENTS Unit Extention Item Descri tion Quantity Price Total _ 104-A Removing Concrete Pavement 767 S.Y. to, Y. $ 4,(&o'Z•00 104-B Removing Curb & Gutter 563 L.F. 3.00/L.F. l)L 99.0G 110 Unclassified Excavation 220 C.Y. 7.co/C.Y. l,S40.00 340-A 5" Asphalt Pavement 445 S.Y. 16.751S. Y. -21 4,r3. 7S" 340-B Type D Asphalt Patch 278 Tons 57.00/Ton !a; 84(6-00 432 Concrete Riprap 63 S.Y. 4doo/S. Y. 97. 0.co 450 Metal Beam Guard Fence 5 Ea. ZO.00/£a. 000.00 I 465-A 15" R.C.P. 439 L.F. ZL•OO/L, F. 11, 414.00 I. 465-B 18" R.C.P. 119 L.F. LS-o0/L. F. 3,33Z•QO 465-D 24" RrG Ps of C.M. P. -C. L. 99 L.F. 33.400yu. F. Z. 4,7.0a 465-E 27" R.e.p. a C.M.P.-C.L. 56 L.F. 39.00/L. F. 2,f 84•oa. 465-G 36" R::'6r C.M.P.-C.L. 979 L.F. 48.00/L.F. 4~g992.o0 465-H 42" AvQv4zr-6i- C.M.P.-C.L. 755 L.F. Sa00/L,F. 37,'750.00 465-I 48" R C.M.P.-C.L. 622 L.F. 60-0 OIL. F. 37, 320,00 470-A 4' Inlet 5 Ea. 1,100,Oc/Ea, S,5 oo.00 i 470-B 6' Inlet 7 Ea. 1,7.7S.oo/Ea. 6, -7 so.00 4! 470-C 8' Inlet 2 Ea. o,;ti.vo/Fa, 2,(0 s o.vo 470-D 10' Inlet 8 Ea. i, 4SO•OO/Ea. rl, b o0•ao 470-G2 8' Type III Inlet 1 Ea. 1, Qc'o•tl}Ea. e, yvo.00 470-F3 6' Type IV Inlet 2 Ea.',6s0•o0/Ea, 3,300.00 470-G3 8' Type IV Inlet 1 Ea.00,)5.OgEa. f,b».o0 470-G4 8' Type V Inlet 1 Ea. 2,400.00/Ea. Z, 400• v0 I i P - 3 ~xs3 Unit Extention Item Description Quantity Price Total 470-H2 10' Type III Inlet 1 Ea. 2,ooo.00 /Ea. -21000-00 470-I Special Junction Boxes 8 Ea. 2,70eA00 /Ea. Zl, (00(2•00 (See Specifications) 471 Inlet Frames & Covers 24 Ea. S'aOO /Ea. 1,2:00.00 522 Concrete Curb & Gutter 299 L.F. 7.50 /L,F, Z, 242. 5'P 524 Concrete Driveway or Pavement 722 S.Y. 11.00 /S.Y. +3i -7)8.00 SP-2 ;oncrete Sawcut 1635 L.F. 2.00 /L.F. 3, 2 70.00 SP-3 4' x 4' Box Culvert 132 L.F. Is0.ov /L. F. 190 800.00 SP-4 Adjust Existing Waterlines 4 Ea. Z,oOO.00/Ea. 8, 600.00 SP-5 Adjust Existing Water Service 14 Ea. 7,00.00 /Ea. 2, S00•a0 SP-6 Adjust Existing Sewer ZS.O (2 Service 15 Ea. 1-7 t.001Ea. SP-7 Trevira Spunbound Fabric 488 S.Y. 3.00 /S.Y. 1, 4&o#.Ob TOTAL $ 293,'4 O'4r ZS 20 83 en um eceive Date/Name Alternate #1 104-A Removing ConcrPt.e Pavement 291/S.Y. Soo /S. Y. $ 1,4s'S•oo 110 Unclassified Excavation 964/C.Y. 4,;0 /C.Y. 4,33 $•v0 432 Concrete Riprap 610/G.Y. 3`.00 /S.Y. L1, 460.00 Total With Alternate 41 $32.1,!57.7- P. 0. # Bid # 9 1 g 80 work days BID TABULATION SHEET PONDER STREET DRAINAGE Unit Extention Item Description Quantity Price Total 104-A Removing Concrete Pavement 66 S.Y. 15.00, /S.Y. 9 9,J~rM 104-B Removing Curb & Gutter 325 L. F. 3•00 /L.F. -Pa 104-S Special Inlet Removal 1 Ea. 10000.00 /Ea. 14000-00 110 Unclassified Excavation 12 C.Y. Z. 5.00 /C.Y. 300,00 340-B Type D Asphalt Patch 185 Tons &6.00 /Tons 12.j 07.5. 00 432 Concrete Riprap 20 S.X. 4s' oo /S.Y. 900.00 465-A 15" R.C.P. 341 L.F. 27.00 /L.F. 9,207-00 465-B 18" R.C.P. 444 L.F. L9.0e /L.F. /Z( 8N6.00 465-D 24" R. G. F• a C.M.P.-C.L. 516 L.F. 31.00 /L.F. r5; 996.06 465-E 27" CA.P.-C.L. 254 L.F. 3Z•10 D /L.F. 17- 8.00 465-F 30" ,fie' C.M.P.-C.L. 357 L.F. 47-.0D /L.F. 1+1 994.00 465-F 36" ii•.1~r C.M.P.-C.L. 385 L.F. 46.00 /L.F. 17, '70 0. 00 465-G 42" AmE.Pror C.M.P.-C.L. 188 L.F. VC. 00 /L.F. 10, 340. op 470-B 6' Inlet 4 Ea.p~ +00-Fo- s0 /Ea. S,800.OD 4r, jewooo /CSd, ao 470-C 8' Inlet 1 Ea. A.-idEft*& /Ea. i 7oc f 470-D 10' Inlet 5 Ea. ~-}AP*4=+0 /Pa. $ 500. OD 470-F1 6' Type II Inlet 10 Ea. 1,7SO-00 /Ea. i~,SOO OO 470-I Junction Box 2 Ea. Z,voo• 00 /Ea. S, 400.00 471 Inlet Frames & Covers 15 Ea. SS. 9) 0 /Ea. 2, 9*. do 522 Concrete Curb & Gutter. 75 L.F. 9.00 /L.F. 4-7 9. do 524-A Concrete Driveway 1,/00.00 or Pavement 50 S.Y. ZZ.00 /S.Y. 524-B Sidewalk 30 S.Y. 7.0.00 /C.Y. `00.00 SP-2 Concrete Sawcut 70 L.F. 5.00 /L.F. 3 V06 00 . P - 5 i 9193 Unit Extention Item Description Quantity Price Total IIV- J. • r. wv J am a SP-4 Adjust Existing Watermains 1 Ea. .a;-O 0 /Ea. SP-5 Adjust Existing Water Service 2 Ea. Z 1; 0•no /Ea. -040.00 SP-6 Adjust Existing Sewer Service 2 Ea Z,00-00 /Ea. 400.00 . TOTAL $ MAv~+91•e_ Z EA Z,ooo.oo/EA 4,000.400 i P - 6 P. 0. # r, Bid # 40 work My? (50 work days if 60" CMP used) BID TABULATION SHEET PAISLEY-MULKEY DRAINAGE Unit Extention Item Descri tion Quantity Price Total 104-B Removing Curb & Gutter 242 L.F. S.00 /L.F. 1,2+0.0 0 104-C Remove Sidewalk & Drives 111 S.Y. 1.00 /S.Y. 115.00 340-B Type D Asphalt Patch 109 Tons L5'oo /Ton 085.00 432 4" Concrete Riprap 7.5 S.Y. SO-00 /S. Y. 3 7.;'. OD 465-A 15" R.C.P. 60 L.F. 30.00 /L. F. S0O.vO 465-B 18" R.C.P. 48 L.F. 3800 /L. F. 11 82,4.00 IV- 465-E 27" -rCirP:-- &r C.M. P. -C.L. 53 L.F. -42.00 /L. F. 2122 to. 00 465-F 30" A G P et C.M.P.-C.L. 215 L.F. CO. 00 /L.F. I0i7S0.o~ 465-I 48"-ArcF ata- C.M.P.-C. L. 665 L.F. &S. 00 /L. F. 43, 22S.0p 470-B 6' Inlet 1 Ea. 1,400.00/Ea. I,4&0.0 a 470-C 8' Inlet 2 Ea. 1,S00.oo /Ea. 3, 000.00 470-D 10' Inlet 4 Ea. it (.go. oo/Es. (0'(000.00 470-G 8' Inlet-Type III Special 1 E;;, 1, 800.oo/Ea, to $06.00 470-H 10' Inlet-Type IV Special 1 Ea. 2,000.00/Ea. Z, 000.oa 470-I Junction Boxes 3 Ea. 1,100.00 /Ea. r2,300.00 471 Inlet Frames & Covers 6 Ea. Go. 00 /Ea. 3100.00 522 Concrete Curb & Gutter 94 L.F. /0.00 /L.F. t7". OD 524-A 6" Concrete Driveway or Pavement 60 S.Y. Zj 00 /S,~, 1,SD0.00 524-B 4" Sidewalk 31 S.Y. 24.00 /S.Y. 744.oo P - 7 9193 Unit Extention Item Description Quantity Price Total SP-2 Concrete Sawcut 144 L.F. !;.00 /L.F. 7.10-J TOTAL $ 100, 85* 8.00 Alternate 1 460-J Installation 60" C.M.P. 554 L.F. 70-oo/L.F. $ 3$,?$00p Add 10 work days to total Alternate #1 Total $ 139, 638.OD P - 8 CITY of DENTON, TEXAS MUNICIPAL BUIL DING / DEN TON, TEXAS 76201 / TELEPHONE(817)566.8200 October 17, 1983 Lamont Frawley DFW Utilities Box 153741 Irving, Texas 75015 Dear Sir: The following items reflect discrepancies in quantity on the Drainage improvements 1983 project. All prices and tabulations are according to our conversation on October 7, 1983. Please sign this change order and return the original to us if all is acceptable. We apologize for any problems resulting from the errors. Contract Difference 1) Bell-Coronado Section item 465-6 979 if to 1150 if 36" = R.C.P. +171 if @ $48.00 = +$8208.00 2) Ponder Section Item 470-F1 10 ea to 9 ea 6" Type II Inlets -1 ea @ $1750 = -$1750.00 Item 470-J 0 ea to 2 ea 4' manholes +2 ea @ 2000 = +$4000.00 3) Paisley-Mulkey Section Item 470-I 3 ea to 4 ea Junction Box +1 ea @ 4100 = +4100.00 470-II 0 ea to 1 ea Special J-Box +1 ea @ $5000 = +$5000.00 rr f,l~ TOTAL, CONTRACT CHANGE ORDER $19,558.00 Ill I 4u;~;, r ~Iv DFW UTILITIES / CHIT OF DENTON #0177E DEPARTMENT OF PUBLIC WORKS DRAINAGE. IMPROVEMENTS 1983 BID INFORMATION The City of Denton reserves the right to accept each bid separately, the total bid for two projects together or all three projects as one contract. Bid prices shall be the main determining factor in this decision but not the only on This follows the same award procedure as all Denton contracts. Item 465 Special Addition - Corrugated Metal Pipe with a Factory Installed Concrete Lining Approved corrugated metal pipe with factory alternate to reinforced cod an approved thickness can be bid as an concrete pipe. Armco has submitted material specifications which are satisfactory. The corrugated metal pipe shall be galvanized or aluminized with minimum 16 gauge strength of construction. Joint connection shall be made with an approved hugger band. Bedding shall follow R.C.P. specifications as shall all other applicable areas. The City of Denton will evaluate the bid foe the C.M.P. to see if the prEv.ously unused product will be beneficial enough to use. P - 9 #9293 BID SUMMARY TOTAL BID PRICE IN WORDS S'ly 11utj0d4-o.4No 11wjrtV. TiS(o~/F.*A.00 _ A00Q _ ei,vo•¢ e~,n yQ,t~i S le In the event of the award of a contract to Zhe undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. N~W 1 LlS T C alkkc. CT R CONT~ BY 15 7 VP V% 7)'01y- Street Address City and State Seal & Authorization 33 9 • G-~ Z ` (If a Corporation) Z Ir4m4--^8 Telephone P - 10 The FIDE LIT Y AND DEPOSIT COMPANY OF MARYLAND e Q FIDELITY AND DEPOSIT COMPANY Conlwrlles 11OME OFFICES. BALTIMORE., MD.2t201 POWER OF ATI'ORNEY KNOB' AI.L MEN BY THESE PRESENTS: That the FIDELITY AND DEPosa Cokfp.kN1' of 4lAR1I.ASD, and the FIDi.111'} AND DLPOSITCO\IPANY, corporations of the State of klaryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article V1, Section 2 of the respective By•iawsofsaid Companies, w'hichareset forth on the reverse side hereof and are hereby cerlifiedto be in full force and effect of the date thereof, do he•eby nominate, constitute, and appuint Walker W. Derr, Coe on B. Fagg, Wanda A. Derr and Wynemia Cronan, all of Irving, Texas, EACH...... rue and lawful agent and Attorney-in Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not to exceed the sum of ONE MILLION DOLLARS ($1°000,000) EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.....,,..., „ • y n th*; Q e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Walker W. Derr and Gordon B. Fagg, dated, August 30, 1982. IN WITNESS WHEREOF, the said Vice-Presidents and Assistant Secretaries have hereunto subscribed their namesand affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ...................12th.................................... day of.................Apr...................................... lA.D. 19...3......... ATTEST: FIDELITY AND DEPOSIT COMPANY OF MA LAND SEAL % By ..............t................_ Auistety Secretary Vice, cadent FIDELITY AND DEPOSI OMPANY suL C. P.. Q By....................... Assistant Secretary Viceesidorm • • • STATE OF M411 5'LAND Cm of BALTINO F t 1° On ibis 1~ th I day of April , A.D. 1983 , before the subscriber. a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Prrsidents and Atstsunt Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COM PANY, to me personally known to be the individuals and officers described herein and who executed C,c preceding instrument, and they each acknowledged the execution of the came, and bring by me duly sworn, severally and each for himself doposeihands4AIt.that they arethe. said officers pftheCompanies sfortaaid,andthat [beseals affixedlothe precedinga instrument are the Corporate Seafsof said Compenic°, spot that the said Corporate Seals and their signatures as such officer: veto duly affixedand subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF. I have hereunto sel my hand and affixed my Official Seal at the ty of Baltimore the dxy an year first above written Pu s•rousv e 4 a My commission expires,July..l.x,,,A98b CERTIFICATE I, the uniertig6noed Assistant Secretary or the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY & hereby certify that the original Power of Anurney of wt ich the foregoing is a icall, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify That the Vi; e•Presidents who executed the said Power of Attorney were Vice-Presidents s fally authorized by the Boards of Directors toappppoinranyAttorn~•in-Fsctas provided inArticle VI,Section2oftherespective By.LawsoflheFIDELITV,, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. I its certificate may be signed by racaimile under and Er authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND st a meeting duly called P-A held on the i `cb a•. 4 holy, 1969and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY tt a meeting duly called and hot on the 2nd day of Noiember, 1178. RESOLVED: 'That the facsimile or mechanically. &produced it `natu re of any Assistant Sceret ary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified cot y of any power of attorney issued by the Company. shall be valid and binding upon Tsui Company with The same force and effect as though manually affixed IN TESTIMONY WHEREOF, I have hereunto subscribed my nameardaffiseJ the corporate seels ofTht WellCore ponies, Ohio. day of 19.......... 1.l41s!TXl-UC-866-3IIO A antSeaeeary FOR 1'01'R I°RO)TT"('TION LOOK FOR T1IP, F&D 11'X11",RMARK EXTRACT FROat BY-LAB'S OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President,or any Executive Vice-Presidents,or any of the Senior Vice-Presidents or Vice•Presidents specially authorizedso to do by the Boar' of Directors or by the Executive Committee, shall hive power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidaits, and At- tornies-in-Fact as the Lusiness of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, dee.'s, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mo,tgages, and alsoall otherineruments and documents whiot the busir.mof the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice-Presidents, or any one or the additional V ice•Presidents specially authorized so o do by the Board of Directors or by the Executive Committee, shall have power, by and w'th the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident %ice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances,stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." TRANSMITTAL MEMO FOR CONTRACTS AND LETTERS OF AGREEMENT B I D # _1gL& FOR REVIEW: DATE: / ORIGINATING DEPARTMENT Reviewed ('j Date PURCHASING AGENT _ Reviewed ate PERSONNEL, When for Personnel services Reviewed ate DIRECTOR OF FINANCE _ Reviewed Date FOR APPROVAL OF LEGAL FORM: CITY ATTORNEY _ FOR PROGRAM APPROVAL: CITY MANAGER /l/' FOR MAYOR/CITY MANAGER SIGNATURE: f Ccvrj FINAL DISTRIBUTION OF APPROVED/COMPLETED CONTRACTS: DAT€ ORIGINAL. CITY SECRETARY COPIES ORIGINATING DEPARTMENT PURCHASING DEPARTMENT ACCOUNTING DEPARTMENT CITY ATTORNEY VENDOR/CONTRACTOR 0086b/Ic #9 16 4 CONMACT AGREEMENT STATE OF 'rhxAs CUUNTY OF Denton THIS AGREEMENT, made and entered into this 10 day of October A.U., 1983 by and between The City of Denton, Texas of the County of Denton and State of Texas, acting through G. Chris Hartung, City Manager thereunto duly authorize so to do, Party of the First Part, hereinafter termed the UhNEk, and Sarenson Company P.O. Box 4338, Dallas, Texas of the City of Dallas County of s and state of Texas Party of the Second Part, hereinafter termed CUN RACTUR. iiITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (UhNER)0 and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CUNTRACTUR) hereby agrees with the said Party of the First Part (UwNEk) to commence and complete the construction of certain improvements descrioed as follows: Bid ,79164 Conrrete Sidewalk Project, Purchase Order #60393 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions ona prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for aids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printsd or i CA-1 I #9 164 written explanatory matter tnereof, and the Specifications therefore, as prepared by_ Jerry Clark, Engineer for tha City of Denton all of which are maae a part hereof and collectively eviuence and constitute tics entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are proviaed by the General and Special Conditions. The OWNER agre,b to pay the CONTRACTUR in current funds the price or prices iown in the Proposal, which forms a part of this contract, uch payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: 7 City of Denton, Texas / G. Lac t~~`-' Party of the 1-irst Part, Party t the becond Part, e lContractor? ~y I G. Chris artung, C.ty Manager SEAL ATTEST APPROVED AS TO PO City Atto ey CA-2 ~91t?4 PERFORMANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That __of the City of County of and State of ,as principal, and _ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto in the penal sum of Ten thousand twenty one and 20/100 Dollars 10,021.20 } for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 10 day of October 1983 To which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. PB - 1 #9 164 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVERI that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation :on this bond, and it does hereby waive notice of an,, such change, extension of time, alteration or addition to :}.e terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _day of 19 By By Title Title Address: Address: The name and address of the Resident Agent of Surety is: P8 - 2 r #s 164 PAYMENT BOND S'L'ATE OF TEXAS COUNTY OF _ A K`Oiv ALL ;MEN BY THI SE PKESLMS: '1nat of the City of , County of and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto , OWNER, in the penal sum Of Ten thou. Twenty one and 20/100 Dollars «~1 ,021.20 ? for the payment whereof, the said Principal and Surety bind themselves and their heirs, administraturs, executors, successors and assigns, jointly and severally, by thes presents: NHEKEAS, the Principal has entered into a certain written contract with the Uwner, dated the 10 day of October , 19 83 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NUW, THEKEFul<E, THE CU;VUl ,wN OF THiS USLIGA'rION IS SUCH, that if the said Principal snall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HUWEVER, that ..his bond is executed pursuant to the provisions of Article 5i6U of the revised Civil Statutes of Texas as amended by the acts of the 56tn Legislature, iiegular Session, 1959, ,,1d all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as it it were copied at length herein. PS-3 #9 164 Surety, for value received, stipulates anu agrees tnat no change, extension of time, alteration or audition to the terms of the contract, or to the worK performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. B W1THhESS WHEktOFO the said Principal and Surety have eignea and sealed this instrument this day of , 19 P ~ ri Surety by Title 't'itle Address Address (56A1.) (SEAL) The name and address of the Resicent Agent of Surety is: PS-4 #9 164 IRAINTENAINCE bUND STATF OF TEXAS COUNTY OF Denton KN01V ALL MEN BY THESE PRESENTS: THAT Sorenson Company as Principal, and Commercial Union Insurance Company a Corporation autnorfzed to do usiness in the State of -Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the laity of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Uenton County, 'T'exas the sum of One thou. two and 00/100 Dollars 1002.00 is lUi of the total amount of the contract for the payment of wnich sure said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: hHEREAS, said Sorenson Company has this day enters into a written contract with the said l,1ty of Denton to build and construct 840 L.F. 4' sidewalk which contract and the p ans ate-specifications therein mentioned, adopted by the City of Denton, are (ilea with the City Secretary of said City and are hereby expressly incorporatd herein by reference ana made a part hereof as though the same were written and set out in full herein, and: KH,EREAS, under the said plans, specifications, and contract, it is pr-,vided that the Contractor will maintain and keep in good repair the work therein contractea to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may ' become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated oy said contractor on constructing the same or on account of improper excavation or backfilling, it being unaerstood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or laoor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed tnat the (city may do said work in accordance with said contract and supply such materials and ctiarge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. H IJ #9164 hOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said cinstruction and keep same in repair for the maintenance period of one l1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed tnat this obligation snall be a continuing one against the Principal and Surety and that successive recoveries may be nad hereon for successive breacnes of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is furtliPr understood that the obligation to maintain said work shall continue throughout said maintenance period, ana the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS hMAEOF the said Sorenson Company as Contractor an Principal, has cause these presents to ',a executed by Ray K Sorenson and 'he said Commercial Union Insurance Company as surety, as cause these presents to be executed by its Attorney-in-Fact James W. Leeker and the said Attorney-in-Fact has hereunto set his hand this loth day of October , 14 83 SURETY: PKINCIPAL: Commercial Union Insurance Company Sorensol) Company James W. Leeker Attorney-in-Fact r ,!b-2 PO «'ER OF A TTORNF_ Y K\ONAll111\811III Sf PRESF\IS,: hat lh: C(J'.1 SIE R.( IAI l\I(:\1\S!A. A-,II t(Ad PA\1 e. - ra'~, dc:s, cgan rcJ anSn•.~ng +.r er the a...,I I-.c ( e r.wea! h of SI ~ acIT t,n, and ta,.r g I , pr . , , i . i' ,r:.n re ( I , P, t, n, lIa ac ca. haC^ nvaoff. CC nIII ILIed anJ 2Pr„rile J,a JIt aI h, th rs c r rc It n b rind k e a rid c o , stl r_! C a- J.p;. -,t Pach:rd W. Daikerr, 1.716 Oliver, Susan Hickman and Ja-,orts W. Lee''cer all Of Dallas, Texas and each Of !nrrn ns Irur and lassfal Arrarrc -In Fa.l. to in eke, ctccutc, eel and un.scr [,,r and , n Is I a, ,.uh any and all bond, or .ndcriaktri and the e>c ton ul v h hands or undertaking, in Pursuance of these r«srols, Si be h,rd rig up: n sa d Con.Prr, as fully and amply, to all mien(, and puryr.se,, AS If r h +cie,lg-cd b} the Prfs:Icnl scaled w.lh the cerporatr seal v; inc 'Cc r p arl, and duly at:r,'eJ by is Secre:an, hrrcby lahfy,ng and 4,:f,rmrg lllTca_sI srJ Afrnrncy m -f an Punt.ant to -aer herein g,scr ll l of ArtorncyI,r. ndcand csc,upcd purs4ant to and IS)authu my ofthefelloa (~Il r,edn;red h y the Rnard e(Dlrecso •170Iloo'll14d I MOA'IASl 8:1AtI. COUPA\1'ala mcetingduly callcdandheldon the Iwcnly-sccemh day o! Jul,,. W2 Resclsrd I tat the Pies dent orany Vice-P:cs,drr.1. or an P., v.s'anl 1, e-Prc,Jcr:t, r,a, csrcua for a: 'J in he hall of the III,rI ny any and all l Joo. re:orn rare; a, cnnl-acts of inditri and atl l,Ihcr wnl:ngs ohliga;,ir; in lie fwlLrc $<rc nf. the ,irie to he mtresrcd when nae,un and the seal of the c, mnany ahncd thereto by the Secretary. or any Assstant Sc,rc!ary. ir! that Ile Pre,idcnt, , r any Cxe-Pre,idcr.t, or Assistant 11s I. Pr e,:';nr, real app, ar'au-honteanAttor:ey-In-Facttoeaecute on bchelfnf,hecompaos aryarda'dsuch in,lrunenrsand to affix she seal Of 11e compar.} iii d r.iat the President, or any Y1crPr: r.de nr, or Sri Ani,rart Vice-P:rrJcrl, Mn at any Ume remosr, any such Attorney -!n-Factand rr,o.e all power and avlhonty gown to any such Ailorney- n-I co Ili AliwreIs in Fact may beg,ienfullPower anda rhor,tro-and inlhen.,rrardfn bchult or thecornsI.n, and ailbor Ss, cc ognva non,a ntra ns nl nJemn.ry.anSa'iether wrttrngs nhligaltry in the ra..;le the:cm.ard am sash lr„Ir~nr nt rtauxS l,s any , u,h Auorrey n-Fact shall be a, i.nding upon the company is if s rtr.cd b, the Il and sea:rd and ane,tcd h, the Sccrelary, and, furr`.rr, Altura is,n-F act are hereby authorized town:yanyaffida,itreqIlredto yhe ,nached tohords. recogrvJncc,, conlr.i nder,an andallother wrnr, h' galo.y it the natus thereof, and are also au!hcrireJ ar.J ernpo'aer'd to certifs to a copy cf ny of the by-Iaw, of the coni as cell as any re,O;m U. f the D,rccte rs haling to do Will the raeWY.On Of hoods. ra,~gniranc e,, coatraci, of indemn;t,, and all other swritong, ohl gatory In the nature trr to . and to cirri copies of Ilse Power Of Attornn or with regard to the pc,vrr, of any of the offI cen of the cot,^any or of Altorress in-f-a,t ill POND of altorney is signed arid sealed by tac,ImJe under the authonly of the fo!louirg ke,oistion adopted by the Directors Of the COS1SfFRCI.AI. I''i i\SCRA\'C E CO'NIPA\Y at a meeting duly called and held untie twenty wroth des c1 lids, 1972 "R <sulscJ That the mgnature of Il.c Plc,ldcnt, or any Y'ue-Presidcnr. or ary A,w!ant Ylcc-President. and the rpnature of the Sccrctary or any A„I,tant Se,,i:ljn end the CCt mrany Scal m.ly be af(I-ed he fac,i n, de torn. P soorr,d' altorncs or to a ns cert,llcalc rclating thereto appointing Atrerrta'sc-in-Fa,Ifor pcupo,es,vdyofetccu:ll.aandare,lnor acybond, undrsaklog. recogr..aance u r crwni,cn nh!ig.rhon in the nature thereof. and aril s,:, h, gna-.arc a:,d,r al w hoc s., used, hang hncby adortcd by the corPary as lr.e.vil il, gnaturc,II such rtli,er and thcongmil seal of the enmpeny. to he salt and b.i upon Ihecompany wish. the same force and effect as though munuoll} affitcd " IS 1i 'I I \I SS NHFRFOE.IheCOM',IFRCIAd . L \EO\'INS L'RA\C'F COMPA\1', ha,caosed Ihcseprc,crt,lo be signed by its llce-Pic,:dcrtand Its corps:ate seal In he here' alGatd, duly aue-sled bs its Sc,retary on this 25th dey of June 19 81 oh r, it So Its rail CONSIFRCIAl. I, \10\ I\SI RA\C IF :OSIPA\'Y IwIst R ay rl;~oS M1f clouu - Scacrary I,,hn III (I:nrclt 11cc-President CO,MMOVA FAt iH (11 MASSACHL SFI IS COL\TY Of SI IYOIK SS On thls 25th dal If JL~f1e 19 b]f hdr:c na IT cr,. ra 111 c,, : 1, hn 41 (ialrcI., 11:e-Prc,,dcnt. and R3smond 1I Utfris.er, ieire!ary of the l(,U 1\IP R( IAI. t \IDA IA. L Post,iI l IA1PAAY h, me r,r ca'iy is n4 ,n to ha the r d„Nadi, end i:ffIccn dcscnbed in arJ whoescrl'cd the Preceding irnrrcrrenl, aril Ihr, ack•, uledgc,J Utese,ulr, n I I the sank. and ling by n:cduly sworn. aescralls anJeach for himself depo,cth aid , nscth, chatthcy are Iho,aid s R:cns ortleCl ^.pa ns afnre,did, ofJthetine cll x111-d Inthe p:eceJ~ng a„rumr.~l is the curnorate seal ofsa;d C c nlpa r.i amtth.Irlhe wid corporate scaland lhnr,gnalure+a,euch olhanwere dish alE v:u and ,uh.cnh:dh+the ,a d Ir„nuna nt 6s Ihcuu;hority and dirttd,.rn nl the ,ICJ Ccrrpanl. 6. Do t Is ic 1 n wQT. e ~ Ir sH Drr,l n, IT \ulaly Puhhc 'r4 r. ft till or r,.•r T4SO IIRPf[C.1iE 1. the unders,gi ' \S, TT So lei.ir rf he CCi AfSA FRC1Af LION IA51'R;AACf ((1'dP.1AL I. S'as,l,or it• ( s,r vehin, J herehs u-rLfy that t he foregoing, ;wci A a'rOrneI I -I,II I f<rteeard h.a, not been rn oked, and furnherrn. re. th,ll lh e R cs,l ul.rr, ftheR - a-d of Dur is ors st l forth In the Power of attorney are n. w in ,,,r c S,gacd and Seared ;.r the is OI It, win Da:cJ Ili, 10th day „t OctOher I9 83 :s11 .'21 t~ ~ H l,dre r (,rots A,,,.!anl c,_Fo3r1 r 5, q irt• i #9 16,4 CITY OF 1) L,1iU,\ I`SUKA,NCE ,~iIAIliU+~ kEI~UIRimE,NTS ~tiitnout limiting any of the other Obligations or liabilities of the Contractor, the Contractor snail providle and ,maintain until the work is completed and accepted by the City of Den ron , Uwne-, minimum insurance coverage as follows: t O w R Ut !I b OF lAaI l Y iNUxn!1 .r b CUMPt`;;A U,N A Utt II. CO,LiPKEiiENSIVE GENERAL LIABILITY Bodily Injury $300,UU0 $30U,ODU Each occurance Aggregate Property Damage $16U,000 $10U,UU0 Each accident Aggregate III. CUmiREHENSIVE AUTUMOBILE LIABILITY Bodily Injury $250,UOU $5U0,UUU tacn person tacn accident Property 0arua;e $IUU,000 Each accident A. In addition to the insurance aescribea above, the Contractor shall obtain at 1115 expense an Uii Nh?,16 PROTECTIVE LIABILITY INSURAINCL POLICY naming the City of Denton as insurea witn the foiiowin6 limits: bUDILY INJURY PROPERTY UL!MAUE $100,UUU eacn person $iUU,UUU each accident $300,000 each accident $10U,UOU aggregate Covering the work to be performed by the Contractor for the City of Denton. B. The contractor will furnisn the Uwner's Protective Policy described above and execute the Certiticate describea on the following page to the City of uenton for its approval. Insurance must be accepted before commencing any work under the contract to wnich this insurance applies. CI - 1 C£RTIFICAI'E OF INSUR.kNCE x 9 16 4 THIS 15 TO CERTIFY hat the iodow,n3 policces. subject to :heir tens. conditions and c.cc'uvurs, have been usu:d by -c ccmpany or companies shown below: THIS CERTIFICATE OF INSURANCE m,cahcr silirmat[veiv or naganvely Imcres.:xtcnds or liters the :Qver:c: ulCurdcd Sy ,.e policy jr puli,acs shown below, nor is it an endoroenscnt making the person, firm ur corpura:con it wnusc r quest it Is iiiucd in :d tEOna1 Insured on the policy or puiic;es rerer;ed to In tt:e event or any ma(mii change ,n or cancclhuon of 'he policy ~r pohc,es. he 'company jr eDmpanies wul:nad ten t 10) lys''written notice to the party to wrtom this certilicate is addressed. 'JAME ANO ACORESS OF PARTY TO WI CERTIFICATE IS ISSL'EO OA'-e: IG-10-83 7 RE.'d AF KS. City of Centcn aid 215 E. McKinney Centon, TX 76201 Attn: John J. w.arshall, C.P.X. ~ Purchasing Agent ..:n,c r•.rru ,r i, Gn:.aS CF ilvoU RE u: Ray R. Sorenson DBA Sorenson Company P.O. Box 4338 Dallas, Texas 75208 i- poNcy li Er[ecnre Eamranon +surarwa Camoarry Type or Irwrrarsea LIMITS OF LIABILITY' EI NumDar Oslo Cite 'NOPUman[COnipf~l:1[lOn ' I ~$!aru eery iiamerica and WC 80201814 8-13-83 8-13-8'4 Mier Ins. Co. $100 OUO Ernotcyan L~aodcy I E..^craren L~a~d~rv '.rnrs-SICO.^00 I Camareneru.e i ~ goadv I niurv ,samerica ~Cerera+L,aLl+fcr GLA 19087472 8-13-83 8-13-84 Trance Compaliiy f !S300,000 _,:~Occurnnce 300,000 Ag9rrara ire ~ucU I,JmCitt2a l•Cer]tiJn• ' I ~•ctarrv Oam]ge i 100 000 ~ $ r _]cn Ocronarn ~ ` ~ iS~JILL, ~iLI .acgre;an Jooitions ~ i is Inn fuif] °44rtgan irorec[Ire iS In ncitl acgreTere ontractua+ i +ggre5ate r•~aucv '5 100_.000 :'_JTOierti %efancn• Comorenfm+ve ~Eoc, e injury Isatnerica iuromoor4Laarfirv'• GLA 19087471 8-13-63 8-13-84 52501000 Eacn;,t•sor !rancE• (UIDpan}' 5500,000 c]cn r cc-_, rence i, i 7•coerrv ~ama7e I I S 160,0011 ?]cn JCCUrlenrt i I Inca o' any woroanars entry Tears ma sucn'rsurancs o] n'orct. T aati* i\7 k:c?f55 :r ;Gi_:r: .eryallewnea,nar*cwneacrnvlgrencles. Keystone General Insurance Agency, Inc. P.U. Box 2bU329 iDa) 1"J Texas 7522;8 .E .•~~T?. iT AGC.:L~ .t~;^CL:..] ^rtrf^']: .H _ .,J?^Ce'__r•^t Gies'•'Lf•!a'] abC'... , BID SUIMARY s 164 TOTAL BIL PRICE IN WORDS Fourteen thousand six hunr3rari fn„rtaan dollars and ragrts-five cents. ~.s In the event of the award of a contract to the undersigned, the undersigned will furnis:'i a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sun prices as shown for each item listed in this proposal, shall control over extensions. Sorenson Co. (,X N iRA(; 11)K 7 B Y /T' : t om ~i' Y~ae~ I C J r P.O.Box 4338 greet Address Dallas, Tx. 75208 rand State Seal & Authorization (If a Corporation) 214 421.4724 Telephone i P - 4 Bond No. Cc-.-ercial Union Insurance Co,-oany Nome of Insurance Company) 7 BID BOND j The American Institute of Architects, a A.I.A. Document No. A-310 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS, Tnot we, Sorenson Co,„pany ~n r as Principal, hereinafter called i%e Frincipcl, and Com;,ercial Union Insurance Company a corporation duly organized under the laws of the State of Massachusetts, with its }come Offir_ in the City of Sets?", in the said State, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton as Obligee, hereinafter called the Obligee, ti in the sum of Five Percent of the Greatest Amount Bid _ Dollars (S_5$ GAB for the payment of which sum ..ell and truly to be made, the said Principe] and the scid Surety, bind ourselves, our ~ heirs, executors, a4minisrretcrs, successors and ossigns, jointly and severally, firmly by these presents. Y WHEREAS, the Principal has submitted a Val for Phoenix Apartrents Sidewalk Froject Bid 9164 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a y Contract with the Obligee in accordance with the terms of such bia, and give such bond or bends as moy be speci- fied in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Con- tract tract and for the prompt payment of labor and materiel furnished in the prosecution thereof, cr it the evert of the :y failure of the Principal to enter such Contrcctand give such bond or bonds, if the Principe[ shall pay to the C.hligee Fi the difference not to exceed the penalty hereof between the amount specified in said bid and such largrr amount for which the Obligee may in good faith contract with another party !o perform the Work covered by scid bid, then th;s obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3th day of _3epterter- A.D. 19 83 . t son m❑- (SEAL) / (Principal) (Witness) (Title) Commercial Union Irsurar.ce Company Sur ty) 1 By _ (Witnes ) J s W. Leeker Attorney in cct 660X10.3 Commercial Union Insurance Companies 9.70 `YCG!}Y`. `~.:•~y~.,._y z+K-- Y\- ~r~- rr-'_r•r-r r-•~r r..•+--. .a POWER OF A TTORNEY KNO'A ALL NESBYTHESE PRESE.NTS.that ihir COMMERCIALUNION INSCRANCECOMPA,\5'.acorparauondulyorganized ardexisting -rdcr thr'aws of re Conrnonwealth of Maisachcwts, and hissing us principal Ante in the City of Briton, ?lasuchusens, hash made, constituted and +;;'nrrd, and dot: by these presc-es makr and constitute and appoint Ri Chard W. Dalker, Ann Oliver, Susan HiCka.an a73 Jams W. Lce;cer all of Dallas, Texas and each of C~em r,s tr.e and :awful Attorney•in-Fact to make, eteewe, seal and deli%cr for and on its behalf as surety any and all bonds or undertakings and the execut,on of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, 10 al! tatrnts and purposes. as ;f such bands were s,gncd by the President, scaled with the corpoate seal of he Company, and duly guested by its Secrelarv. brrcby ratifrrng and conivmirg all the acts ofsud Attorney-in-Fact pursuant to the power herein `isert. This Power of Attorney is made and executed pursuant to a rd by i.uthonty of the followingrnoluuo ra adopted by the Board cf Dirmors of the COMM ERCIAL C'NION INSU RANCE CO\I P.ANY at a mecsmgduly called and held on the twent;-sec erih day of July. 1972 Resc!%rd That the President, or any V,c,President, or any Assistant Vice-President, may execute forand in behalf of the company and and all bonds. recngnrzarces, contracts of indemn,ty, and all other writings obligatory in the nature thereof, the,ame to be altered when necessary and the seal of she company affixed thereto by the Secretary. or any Assistant Secretary: and that the President, or any Vice-President, or Asssant Vice-Pres dent. may appoint and authorize an Attorney-in-Fact to execute on behalfofshecompany any and all such instrzmenaand toaffls rhrseal of the company thereto; and that the Fresident, or any Vic, President, or any Assistant Vice-President, may at any time remove, any such At!.crrey-,n-Fan and revoke a!1 power and authority g;sen to any such Attorney-in-Fact . Resolsrd That Attorneys-in•Fact maybegisenfufl powerandauthenby toexccuieforand inthenameand onbchslfofthecompanyar,y and all bonds, rccogmza Dees. contracts of :rdemniry, and all ocher writings obligatory in the nature thereof, and any such Instrumenteaecuted by any such Attorney-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys-in-Fur are hereby authorized to scnfy any affidavit required to bealtached to bonds, recognizinces, contracts of indemnity, and all other wnungs obligatory mire nature shcreof. and are also authonzed and empowered to ccrttfy ton coyry of any cf the by-laws of the company as roll as any resolution of the Directors haying to do with the execution of bonds, rrcognizanccs. contacts of indemnity, and all other writings obligatory in the narure thereof, and so certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-m-Fact. This power of a!torney is srgneJ and sided by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL L'.NIO% INSURANCE COMPANY at a meeting duly called and held on the trenty-sesesnh day of July, 1972. -Resahed That the s:gnaturc of the President. or any Vicc•President. or any Assistant Vice-President. end the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certdieare relating thereto appointing Auorncyt-in-Fact for pu rpesesonly of cecunng and ancsting any bond. undertaking, recognizance orothcr written obligation in the nature thereof, and any sech si gnal use and seat where so u. ed. bang hereby adopted by the company as the original signature of such offcerInd the original seal of ire company, to be valid and binding upon :he company with the same force and effect as though manually affixed.' i 1% AITNESSWHE REOF, the COMMFRC1M.L'`IONIVSURANCECO`t1PA.NY.his caused theseprewntsto besignedby its ViccPresidentandits corporate scat to be ha-.1o affixed, duly attested by its ~ecrnary on this 25th day of June 19 81 • rc. f.' sna COMMERCIAL L'YlDN INSURANCE COMPANY Aricst By Roil mind M. efc,,cZ Secretary John M. Garrett Vice-president COMMONWEALTH OF MASSACHUSETTS COUNTY OF SLFFOLK SS. On'hrs 25th day of JUAe 19 8 before me pcrscnxlly came JaSn M. Garrett, `L cc-Presidcnr, and Rasmord !<t, Defossez, Secretary of the COMMERCIAL LNION ISSL'RA%CF COMPANY, to me Pt!`Wnally iiown to he the ndisiduals and officers descrtoed in and who rxccucd the preceding mstrumcnr, and they ackrowledged the execution if the same. and rang by me duly sworn, seserally and each ror himself depo_eth and say; th, that they are the said oyfcen of the Corpanv aforesaid, and shat the Neal affixc ns the preceding irivrumcnl is he corporate seal of sa'd Cetnpaay and that *he svd corporate seal and their igralur,i as such officers were duly affixed and sit irs<rbed to :ht said instrument by the autherit-v ano dirct on of the said Company. r Y ~ _'e ( L a Vgt,iC \s'•`~ ti LN~oCum^''rrDinan. Jr. - ntary Public - ti e r pray rr ' rug{r ! l G y B} CERTIFICATE f, the undersigned, Au start Secrriary of the COMMERCIAL L'NION INSURANCE COMP,4NY, a 'vlassachusetts Corporation, do hereby certify that the foregoing power of at-orneyis -n fall force and has nos been rey okrd; ar,d furthermore, that the Resclutions of the Board of Directors set forth in the power of atlorrey arc now n fort^- . Signed and sealed at the City of Boston. 7atcd Ihi, 8th day of September 19 83 S, tart J•n~ ~1 0f Andras 1. Grass - Asst s!a rat Secretary Cfx~9tJ7-9 ri 6-9t I a~assaa®ssass~ "'JtO~i~f~Cy. - BID #s 164 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Phoenix Apartment Sidewalk IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in th?.s proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract: and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are int:nded principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices ana material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump suia prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, :hey may be decreased to cover deletion of work so ordered. P - 1 It is understood and agreed that the work is to oe completed ir. full within twenty (?O) working days. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security sf.all become the property of the Owner, and shall be considered as payment for damages due to delay and other i-iconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit. 4' wide 4"thick concrete walks at Phoenix Apartments . ;.11 labor and materials and equipment to rough grade to engineers grades, fine grade nin. 2" fill sand, form,place, and finish 3000 psi concrete with redwood exp. joints and tooled joints as specified. No steps, retaining walls, or berming is indicated on accompanying drawings. The lineal foot price is $11.93/lf. 1225 Lin.ft. lump sum is $14,614.25 P - 2 Phoenix Apartment Sidewalk Bid Tabulation bid # j 6 4 P.O. # Sorenson Co. Estimated Bid Item Description Quantity Price 524-B 4" Concrete Sidewalks 1225 L.F. $11.93 /L.F. P - 3 u" CCJ:NT`. G: DE..INT "HrxtAS, :fie Cit?' Courc11 Of the City C: Denton, Texas, as here - tG'i Gr° :.rr G.na c ~ ,..e ~ c cu e,;acted Cr. :he mot.. day o£ ' - -Er , 15 75 de:Ermi,ned the necessity for and ordered the improver-'ent o f et:iE Street in the City of Denton, Texas, in the wanner and acccrGing tc the Mans and specifications treT rE, C:1 r'lans and specifications !lave heretofore been approved and adopted Dv said City' Council; and K'Y.EREAS, a r,otice duly executed in the name of the City of Denton, Texas, of the enaCtr.en: of the said above described ordinance has heretofore cn the --t`, day of 'CVE-.'^Er a been filed the iced records of Denton Ccun -,i~ .E. Texa s , c-u-e , rage and i44:;=:;EAS, the City Ccuncil of t'rie City- cf Denton, Teas, b; Crc_- r:ancE S c. , duly enacted on the Lt(a)' Of Ac':E!:~'Er , declared the liability the adjacent property owners for a portion of the cost of ~.-tproving the said portion of ncztiE 5 : r E E t and declared the sane tc be a lien upon the said abutting properties; and YIHtn EAS, in the aforesaid insZ7uments Lot ~1,1Q,'~,1[ _1GC~• 1b1 in the name of -:es XCrC27-, was shown to ')e specially assesec in the amount of and '1H''.P..REAS, the property Owner s c-tarE Gf the cost of i'1pr OVlng lot i2 Kock 15i - a6 U tLing" UpC,, fiEtt iE ctYEEL in the City of Denton, Texas, is C__rFE:,(r;i ; now, :here`cre, CvO SiDER.;i :O\ Of .:tE ta' ^E:.t D' t.;E Sa' " c `'CYpc to tae Cicf _E:,tcn, Texas, CI S 1EE5.00 receipt G. w'- ich i s nereb act:%O' iECEEG, :'.e SaiC its' CL DC- cr, Texas, CGES hEreD~' fCretie: re:Ease ar,C Ci5C.a C :r1E said =-ce ..:`rFE-; r - ".G C__ c: eC:a_ aS5e55-.'-;,t _:e;:5 anG ClaiL:, cr i5ing Dy virtue of the C';E .eL:S :C 'c r ice: n the Cizy of Denton, Texas, e5cr D C c ;E af0re5aiC 0:dinances D': z h e City Counel1 of said CianC i;, :f,e aforesaic notice recorcea in V0Iurne 6- r Page E98 c` the Deed Records cf Denton County-, Texas. EXECUTED this the ca.' cf /'i/~/c!-1%/l 1963. CITY OF DENTON, TEX.S ATTEST: l ~ 1 .7t1..'lt 1rtC7 ` ' C.1i rD Z N 0R, 1tXh5 tr.t .`.TATS I)t EEXnS COUNTY OF DENT 0\ s 7 n i s instrument 6'as aci:noule6 e6 before rye on the day of Ll t ~J~ z i ° S~ oy cr a-rc~ ./~L.ticl° Mayor of the City of Denton, Texas, a r;uniciaal Corporation, on behalf of Said U:1iCiDa: CC rPC rat ior: JETNEME M-j r R t j ` ':7P.':eSU'.? cl1w: eC-CL 1/~, 1}U- J: K n[4.,n/'a.N', 1. ILL' _ DENTON COUSTY, TEXAS ,;v Commission expires: i L S i. G: E.~.~S S r.EL.=SE VF i IE CGL'";TY 0: LE'~TU'~ S _ 4; HtREAS, the City' Council of the City of Denton, Texas, has here - to.ore b;' Ordinance !~o. =__E cult' enacted on the 4th day of KC•re-z'c,er_ 19 75 , deternined the necessity for and ordered the improvement of Fettie Street in the City of Denton, Texas, in the manner and according to the plans and specifications therefore, which plans and specifications have heretofore been approved and adopted by said City Council; and WHEREAS, a notice duly executed in the name of the City 0f Denton, Texas, of the enactment of the said above described ordinance has heretofore or, the _h day of November 1P 75 been filed in the ileee Recores of Denton County, TExaS, in Volume Volume 764 r ?age E9E snd i1HEREAS, the City" Co'u:.cii 6f the City Gf Uenton, Texas, b}' Oru1- nance No. 75-46 , duly enacted on the 4th day of November 19 75 declared the liability of the ac,acent property owners for a portion of the cost of improving the said portion of Yettie Stre-t and declared the same to be a lien upor, the said abutting properties; and 1tiHE.REAS, in the aforesaii instruments, lot 13, 14 Keck 181 in the name of ,e._,,~ 7),1~7,f, was shown to be specially assesed in the amount of S 633.00 and INHEREA.S, the property owner Is share of the cost of improving Let 13, 14 Elock 181 abutting upon Nettie Street in the City of Denton Texas is S E33.00 now, therefore, IN CONSIDERATION of the riyme::t bv the said ie;,e o ne,, to the City of Denton, Texas, cf 5 E53.0o _ receipt of which :s nereoy acknowledged, t,`,e sale City of Dr ton, Texas, does ''iereby forever release and cischarge the Baia Sena 'c. e; a n:s;'ner hei-s anc assiFn s, ant _C: 1 :ice ?OC'n '~1 ac vs A a:1G Ell 5-icclal assessClent lie's and claims arising by virtue of the ir:prcvenents to FEttie street in the City of Denton, Texas, GesCrioed in the afo;esaia orGinances D1' the Cit;• Council of said Cit.anc in the aforesaid notice recorded in Volume page eqF o: the Deed Records of Denton County, Texas. EXECUTED this the day o; 1953. CITY OF DENTON, TEXAS BY: ' ru 'Or: Al TEST: 1T2 'St P,t ~ktl CITY OF D£NTON, TEXAS THE STATE OF TEXAS 5 COUNTY OF DENTON 4 This instruO..,n•. was acknowledgedbefore me on the 1_5~-day of b>' Mayor of the City of Denton, Texas, a Municipal Corporation, on behalf of said Municipal Corporation. JEANETTE SCOTT ku~ ru sn m Teu f ~ Lr (ar.crszc Es;:n 4s rS 31, .IS:.' v' Q,i ,mot Lj Si t 001 , DENTON COUNTY, TEXAS My Commission expires: r, - ~y l:\ TlIL 11AT'FEI10 F CITY OF DENTON CHARLOTTE ALLEN 'I'I I E ST:VUE, OF TLXA5 Roy Appleton, Jr. Count) of Denton being duly ;%%orn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation Fvhielti has Item 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 mtotice Has published in said paper on the followingdaLus: Annexing a tract of land: approx. 150.5 acres 222 1 inesOCTOBER 141 1983 r ' 1 , Subscribed and sswrn to before trte this 14 _ day of - OCTOBER , 19 3 Witness r y hand mid official seal. Notary Public, Denton County, Texas NO AN ORDINANCE ANNEX ING A TRACT OF LAND III."It CONTIGUOUS AND AD II:F; 131 Fill Irl III,{ JACENT TO THE CITY OF II Is;,IsF;13 DENTON, TExAS, BEING ALL THAT LOT, TRACT. OR PARCEL OF LAND 11 111L MATT F,13 (1F 111F, CONSISTING OF APPROX IMA`ELY 150 S ACVES OF LANo LYING AND BEING S I T U A T E D IN T H E COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M. FORREST SURVEY, ABSTRACT N0. 417, DEN TON COUNTY, TEXAS; LA SSIFYING THE SAME %S AGRICULTURAL "A" 71STRICT PROPERTY; NND DECLARING AN EFFECTIVE DATE ;1FF II)ANTrOF KIM I S1 I ETI3O . f WHEREAS, the request for Pl 131.1(::11 I(1\ OF LEGAL NOTICE annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the pelitiofl of the City of Denton, Texas; and Filrlllhi- _____-_------_-----_..___._----Iles WHEREAS, an opportunty was afforded, at a public bearing held for that purpose l9 on the 61h day of September, 1963 in !le Council Chambers for all interested persons to State their views and present evidence Dearing upon the - annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public - - bearing held for that purpose on the 70th day of September, 1903 in the Council Chambers for all interested persons to - state their views and present evidence bearing upon the annexation provided by this F3s DepUIN ordnance; 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 erfective date, and alter the public bearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF OENTON, TEXAS, HEREBY ORDAINS; SECTION I. That the hereinafter ue scribed 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 " land and the present and future inhabitants Mereot shall be eotitled to all tAe rights and privileges of other citizens of said City and shall be bound by 'he acts and ordinances of said City now in effect Or which may hereafter be enacted art; 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 annexeu IS deSfribed as fotiewS, 10 wit: All that certa;n tract nr 1 parcel of land lying and t being situated in the County Of Denton, State of Texas, I. and being Dart of the $61. Forrest Survey, Abstract No. ,417 and being more particularly described as follows: BEGINNING at a point In the present city limits as established by Ordinance N0. 65 45 Tract 1, said point IvinD in waV Mim,rnr., r,,,, ,.x cnd Ile 53 're is made he FbY a part of $3,d City and Vie land and the present and future irhabitanis thereof shall be enhllCd to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said Cloy now in effect Of which may hereafter be enacl?d and the property situated thertin shall ot; sub,eit to and shall bear its praala P..' U the luxes levied be the Gty. Tnc tract of land hereby aline x.Td I is described as follons. 10 1 wit All That certain tract of I parcel of lard lying Find r being Situated in the Carly io1 Denton, Slate of Texas, and being part of Me M. ( Forrest Surve Y, Abstracl No. 1417 and being more particularly described as follows BEGINNING at a point in the present city limits as established by Ordinance No 6545, Tract I. Said point lying in west boundary line Of the M. Forrest Survey, Abstract NO 417 and 250 lest forth of and perpendicular 10 the center line Of F.M 476 (McKinney Street); THENCE easterly 750 feel norm of and parallel to the centerline 01 F.M. 429 I (MCK,nney Sviel) the fol loving courses and dis lances. (t) south 77 C"recs 24' east 499 72 feet 10 thy' beginning of a curve to the right, (2) easterly BAS 79 feet along said curve to the right w,1n a rad,u5 11711 16 feet, central dngie 4 degrees V aro6 a chord of south 75 degrees 10' east 501 56 feef, (3) south 70 degrees 37' cast 4190 feet (4) south 67 de grees 29' east 366 td feel (5) south 63 degrees 54" east 3e795 feet to a point for a i turner in the west boundary :line of a tract of land as iciescribed in Volume 1200. Page 462, Exhibit "B° of the Deed Records Of Denton County, Texas; THENCE north 0 do-grces 17' - west elong the west bound r dry :ine of sold tract a distance of 2579.08 feet 10 the northwest corner of said tract, said point lying in the south boundary line Of A county road; THENCE north E9 degrees 17 east along the north boundary line of said trait 3a.71e being the south b>und ary line of said county road, a distance of 14" 17 feet 10 a point for a truer: THENCE south 0 degree'• 05' west a distance Of 2255.94 feet too point f or a cor ne. ; THENCE west a distarv.e of 15 feet to a point for a corner, THENCF south 0 de rec505' west a distance of 1l7<.77 feet to a point for a corner said point lying 750 feet south of and perpendicular to The III centerline 01 F.M. 426 (McKinney Street); f THENCE westerly 250 feet soul" of and parapet to the centerline of F.M. 426 (McKinney Street) the fol lowing courses and dos farces; (1) north 53 degrees 43' west 41406 feet to the beginning 01 a cL 10 IhC lefl, (2) westerly 343.78 feet, central angle of 9 degrees 39' and a chord of north 58 degrees 32' 30" west 407.02 feet; (3) forth 67 degrees west 339.34 feel; (4) north 70 degrees 37' west 393.70 1ele (51 north 73 degrees 10' west e90 44 feel to the beginning of a curve t0 the left. (6) wrirerly 821134 feet along -west along me wi bound ory tine of said tract a distance of 2579.08 feet to the norm Nest corner of said tract, said point lying in the south boundary line of a county road: THENCE north 89 ckgrees 17' east along the north boundary line of said tract r same bli the south IKUnd art, line of said counfr road, a distance of 1444 17 feet to a point for a corner: THENCE Wulf, 0 degrits 05' west a distance of 2255 941,•tf Loa Point for a corner: THENCE west a distance of 15 Feet to a point for a corner; THENCE south 0 degrees OS' west a dis13nce of 1711.77 feet to a point for a corner said point lying 250 feet sduth of and perpendicular to the centerline of F M. 426 tMcKinrey Strii THENCE weslerly 250 feet south of and par dl(l to the cenlerline of F.M. 426 (McKinney Street) the fol lowing courses and dis Lances: (1) north 53 degrees 43' %11 444 06 feet t0 the beginning of a curve to the left, (2) westerly 343 78 feet, central angle of 9 degrees 39' and a chord of north 58 degrees 32' 30" west 401.02 feel; 131 north 67 degrees 29 west 339.34 feet; (4) north 70 degrees 37' west 393 20 feet, (5) north 73 degrees 10' west 490." feet to the beginning of a curve to the IeR: (6) westerly 82n.34 feel along said curve to the left with a radius of 11211.16 feet, central angle of 4 degrees 14' and a chord of north 75 degrees 17' west 828.15 feel (7) north 77 degrees 74' west 402 88 feet to a point for a corner in the west boundary line of the Wid M. Forrest Surveyr THENCE north along the west boundary line of said survey 509.10 feet to the j place of beginning and con Paining 150 5 acres of ;and, more or less. SECTION II The above described pro perty is hereby classified as Agricultural "A" Dislricl and shall so appear on the official zoning map of the City of Denton, Texan which map is hereby amended ac cordingly. SECTION III This orcinance shall be el festive immediately upon its passage. 1 ntrOduced before the City Council On the 11th day of October, 1983. PASSED i,ND APPRO'vED by the City Council on the - d ay of 1983. Richard O, Stewart Mayor City of Denton, Texas t ATTEST: Charlotte Allen City Secretary City of Den ton. Texas Approved as to ; i for m C.J. Tay1^r, tr. City Attorney City of Denton, Texas OCTOBER 14, 1983 I ` C-7CF-QCrr CLATR DTTi/ _MARTIN RvInery 06- DOttV L PROPERTY RECORD TIT, STATE OF TEX. i~ ~27F cF KNOW ALL 31EN BY THESE PRESENTS: COUNTY OF DENTON 'I That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION 4518.1 of the County of DENTON and State of TEXAS for and in consideration of IF the sum of ----------------------------------------------------------------j ----------TEN AND NO/100 ($10.00)----------- ~I - and other good and valuable consideration DOLLARS, to it in hand paid by Phyllis Breen Estate i i of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Phyllis Breen Estate, its heirs and assigns, all its right title and interest in and tc i hat certain tract or par- ~ eel of land lying in the County of Denton and State of Texas, described as follows, to-wit: ,Said tract being in the Vim. Neil Survey, Abstract No. 970, Denton County, TTexas, and recorded in Volume 427, Page 163 in the Detd Records of Denton County, Texas; !I maid casement crossing this property, comprising two parts as herein Idesignat.~., and described, including (1) a permanent easement 20 feet in 'width for construction or reconstruction of utilities and appurtenances, Snd for perpetually maintaining an all purpose utility easement and (2) ~I 4 n additional area adjacent to the permanent easement 40 feet in width, to be used for initial construction, ll PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS:, '$EGINNING at a point in the south line of the aforementioned tract of ~f hand, said point being west a distance of 255.9 feet from the southeast Corner of said tract; j ',THENCE north 01°00' west a distance of 1305,75 feet to a point in the I6orth fence line of said tract, said point being in the south line of Airport Road and being 278.69 feet west of the northeast corner of said ract ; i' ;VART Z. CONSTRUCTION EASMENT 11, xn addition to the 20 foot permanent easement as described above, an Initial construction easement 40 feet in width is to be furnished. This !easement shall be adjacent and parallel to the permanent easement and Iihall be 20 feet in width on each side of said Fermanent easement. The iconstruction easement to be used for initial construction only. j TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Phyllis Breen Estate i j its heirs and assigns, forever, so that neither the said City 3f Denton, Texas, a Municipal Corporation, its successors nor liAl]4y<PIA~ any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the afo!2said premises or appurtenances, or any part there- of. r 1Y411,ESS hard at Denton, Texas this `Y e' day of October A. D. 1933 1`tYitn a Y - t~c uest of Grantor: CITY OF DF,• N, TEXAS f r, - - - I MATTES BY. i CNARP.OTTF. Af LFN, CITY SECRETARY ':Ci IMP u 14 SINGLE THE STATE OF TEXAS, ~ COUNTY OF i,EFORF: AIE, the under=igr.eJ authority, in and for said C,vnty, Tc> ar, , n th'a dny p• t ,riaRy ;,pp. ared 6no.cn to we to be the p, r n h >e namo subscrihd to th.- for, going inettum~n% and acknoa'ledzed to me that hcxerut, d th- s it , for t}hc purl,~s„ and cunsiderat;.m therein expressed. G1% FN UM11:11 MY HAND AND SFAL OF OFFIC'F, Thi, day of A.D. IE) ) (I, 1'.,utry Public, County, Texas My' Colrlmicsi~ n Fap;res June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE, OF TEXAS, ~ ( BEFORE tIF., the undersigned authority, COUNTY OF in ;;nd for said County, Texas, , n thi.; day p, ra~nal;y nppeared knr,.,n to rr c to Tr the p+rs-n uh~=c narno suhscribed to the forcg„ink; instiun:ont, and acknow1c,laod to me that he x-r ~itod th,. stir e f,r thr~ s :ir I c~,ris:dcr,li,m therein expres=cd. GIVEN' UNDER MY HAND AND SI:AI, OF OFF'€CE, This dny of A.D. 19 I I,.S.I N''taiy' Public, County, Texas }I; Coarmissinn Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE: OF TEXAS, BEFORE 31E, the undersigned authority, in and for said County, Texas, on this day personally appeared -`7 S" RIDDLESPER(~Rr M YOR PIY-TF:lI OF THE CITY OF DEN'ICN, TEXAS known to me to be the person and officer whose name is suhscriM to the foregoing instrument and ackr.owledg^d to me that the same wsks the act of the said . . CITY COUNCIL OF WE CITY OF DENPCU, . TPJs71.S . a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVE, F,R MY HAND AND SEAL OF OFFICE, T~is 4.~h.......da A.D. 19.5.3. XAIIEM SO()TT t ~j •oi} Rlt 1htr sf fan ~ IykaahsmEigMMrr111.1!95 Notar Public, _DE:I11"i-._..___...____.._County, Texas My Commission Expires June 1, 19__.... CLERK'S CERTIFICATE THE STATE OF TEXAS, i { T, County CULNTF OF, Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of A. P. 19 with its Certificate of Authentication, was filed for f'-J'iTY t'F record in my office on the day of oiATtdF T~. FY4S ]tiv at, n IclocVn )L, and duly Tn.a- recorded this day of 1 tare., CLA-, D, IB,.. r,,, at ; i ; . , a~Flpfk 31., in the Reconfs of;aliid d'vntt` Tri trblumo " pages WITNESS MY HAND AND SEAT, OF THE COUNTY COVW of raid County, :A rfficein- ' r _ the day and ce:ir last th,' ViT.R 1C-13 C u it# ,c'le}k~ , ' 1 • r County, Texas. } J jt IL. S.) H t y\' . u ncput}. ';l ~i i.F ~c- I C1 ,>4 N li r y ~ ~i C x 1 a y a M 0 W: Kq ~~1 A U A a. „ = to H trio E-i ~ ~ i~~~= a a4~W W,` sa yll 'U U I h z r1 V fi E-4 1 m r Q tr 3aL I o ~K `L w La pry" c r a W O f d ~I o W o 0 0 1/1/ h U Lin Z w 0 W V ~il f ! _ x cv A 01 0.; V, 0 H to : j - z rj, ltd - ~ 006ER1 A. RODGERS Lone Star Gas Company Mo+oqr, Co~r.oa ♦dT~nn o~.on In'. S.""' Gay So':rn Ha,.x 5'-ra' • Do "n Tr.n 752" October 17, 1963 M Bob Nelson City of Denton Municipal Building Denton, Texas 76201 Subject: Propcsal for nawral gas service Dear Yr. 'n'elson: Enclosed is a draft of Lone Star's proposal for gas service to tt,e City of Denton. According to our understanding, this proposal sets forth those ele-ents agreed to by us during the recent negotiations. We have yet to finalize the draft of a new Gas Transfer Agreement but should have it to ycu within a couple of days. Lone Star has sent similar contract proposals to each of the other three T"IPA cities. As we have discussed, lone Star's execution of a contract with Denton is conditioned upon the prior execution of mutually agreeable contracts by the other three PIPA cities. If no changes are required in the enclosed proposed contract, please advise and we will prepare two signatory copies for execution by the City of Denton. Sincerely, Robert A. 4odrs ch Enclosure cc: Mr. N. H. Parrott Purchasing Agent, City of Denton J GAS SALES AND FXCHA:GE CONTR_-.CT THIS AGREE"rNT, Cade and entered :nto by and between LONE STAR GAS COaPANY, hereinafter referred to z; "Seller," and the CITY OF DENTON, TEXAS, a municipal corporation, }ereinafter referred to as "Buyer," W I T N E S S E T H: T,!EREAS, Buyer owns and operates electric generating stations known and designated as its Mulberry Diesel Plant and Spencer Generating Station bot?-. located in Denton County, Texas, Which electric generating stations and all enlarg,erents or additions theret-, during the tent hereof, are hereinafter scmetimes collectively referred to as "Buyer's 'Plants" and WHEREAS, Buyer desires to be assured of an adequate supply of natural gas to meet the natural gas fuel requirements for the operation of said Plants, and Seller desires to sell z-h gas to Buyer; t.. NOW, THEREFORE, ir. con<ideratien of the premises and the sum of Ten Dollars ($10.00) cash in hand paid to each party by the other party hereto, the receipt and sufficiency of which is acknowledged, and of the mutual covenants and agreements herein contained, Seller and Buyer do hereby contract and agree with each other as follows: ARTICLE I SUBJECT MITER: Subject to the terms and provisions hereinafter set out and to the extent of and in accordance with the terms, conditions and limitations hereinafter stipulated, Seller agrees to sell and/or deliver to Buyer and Buyer agrees to purchase and/or receive from Seller, at the points of r delivery herein provided for, natural gas for the natural gas fuel requirements of Buyer's Plants during the term hereof other than the fuel requirements of Buyer's Plants to be satisfied with fuel that Buyer has the 1 i . right to purchase in accordance with the previsions of Article XII hereof, hereinafter called "Buyer's Fuel Requirements", up to but not in excess of the Maximum Fourl-, Maximum Peak Day and Maximum Annual Fuel Requirements provided for in Article II hereof. ARTICLE II QUANTITY: (1) The quantity of gas, computed on the baFis of a heating value of one thousand (1,000) British Therr_al Units per cubic foot, which Seller is obligated to sell and/or deliver to Buyer and which Buyer is obligated to purchase and/or receive from Seller hereunder, but subject to that certain Transfer of Gas Agreement between the parties executed as of the date of this Gas Sales and Exchange Contract (herein ref,:red to as Gas Transfer Agreement) during each Calendar Year (in the case of 1983, Calendar Year means in this agreement that portion of the Calendar Year subsequent to the effective date of the agreement) of the term hereof, shall be a volume of gas equal to that amount of Buyer's Fuel Requirements specified by this agreement for its Plants, up to but not in excess of Buyer's Maximum Hourly Fuel Requirements, Maximum Peak Day Fuel Requirements and Maximum Annual Fuel Requirements for each of said years, as set forth in the following Exhibit "A„ . , 2 L EXHIBIT "A" Maximum., Hourly Xaximun Peak Day Maximum Annual Calendar Fuel Requirements Fuel Requirements Fuel Requirements Year (Million Cubic Feet) (Million Cubic Feet) (Million Cubic Feet) 1983 2.5 50 11000 1984 and each 2.5 50 61000 year thereafter (2) Without limiting the obligation hereunder of Buyer to purchase and/or receive Buyer's Fuel Requirements for its Plants, up to but not in excess of the Maximum Annual Fuel Requirements set forth in Exhibit "A" during each Calendar Year of the term hereof beginning with the Calendar Year 1983, Buyer agrees to take and pay for, or pay for whether taker, of not, during each Calendar Year of the term hereof, a Mininum Volume of gas which is equal to forty percent (40%) of the amount of Bayer's Estimated Annual Fuel Requirements for such Calendar Year as set forth in the following Exhibit "B" and determined in accordance with the provisions of said Exhibit "B", all to be ccr.puted on the basis of a heating -,,alue of one thousand I I (1,000) British Thermal Units per cubic foot: I EXHIBIT "B" Estimated Annual Fuel Requirements Calendar Year (Million Cubic Feet) i 1983 833 1984 through 1986 2,4C0 (a) Buyer shall submit to Seller at least twelvc (12) months prior written notice setting, forth the Estimated Annual Fuel Requirements for the Calendar Year beginning January 1, 1981 and each Calendar Year thereafter. The Estit-ated An,.la7 Fuel Requirements for 1987 and each 3 Calendar Year thereafter shall not differ from the Estimated Annual Fuel Requirements in effect for the inr.ediately preceding Calendar Year by plus or minus twenty-five percent (25%). Buyer may, once and only once during the tern: hereof, establish the Estimated Annual Fuel Requirements as provided in the first sentence of this paragraph for any Calendar Year which differs from the immediately precedin,. Calendar Year's Estimated Annual Fuel Requirements by pies or minus fifty percent (50!) if a new electric generation unit which is wholly or partially ourned by Buyer is scheduled to begin cormercial operation. In no event, hog,ever, will Buyer establish an Estimated Annual Fuel Requirement tor an), Calendar Year of the term hereof which is less than six hundred forty (640) Villion Cubic feet. (b) If, for any Calendar Year, Buyer fails to submit Estimated Annual Fuel Requirements as provided for herein, then the immediately preceding Calendar Year's Estimated Annual fuel Requirements shall apply. N * * * * * t (3) In no Calendar Year shall the Estimated Annual' Fuel Requirements of Buyer as provided for in Exhibit "B" of Paragraph (2) df this Article exceed the Maximur Annual Fuel Requirements for such Calendar Year as I set forth in Exhibit "A" of Paragraph of this Article. Seller's obligation to deliver gas hereunder shall not, in any Calendar Year, exceed Buyer's Estimated Annual Fuel Requirements set forth or determined as provided for in said Exhibit "B". Seller agrees, however, to make available for delivery to Buyer hereunder during each Calendar Year volumes in excess of Buyer's Estirated Annual Fuel Requirc,nents for such Calendar Yea.- without exceeding the maximum hourly and daily volumes cthenaise in effect hereunder if Seller determines it can do so without interfering with the conduct of its utility business. In the event that Buyer, by written notice to Seller as provided for in said Exhibit "B", establishes its Estimated Annual Fuel Requirements for any Calendar Yaar at a volume which is greater or less than the Estimated Annual Fuel Requ.re-,.ents for the immediately preceding Calendar Year, then the Maximum Hourly Yuel Requirements and the Maximum Peak Day Fuel Requirements for such Calendar Year shall be increased (subject to the maximum hourly and daily volumes set forth in said Exhibit "A") or reduced in the sane proportion that the Estimated Annual Fuel Requirements so established for such Calendar Year bears to the immediately preceding Calendar Year's Estimated Annual Fuel Requirements. (4) £uyer agrees that all of the gas purchased and exchanged hereunder will be used or consumed in and for the operation of Buyer's Plants, and that no part of such gas will be resold or used for any other purposes, except as otherwise provides in that certain Transfer of G..s Agreement, executed as of the sane date as this agreement, between Seller and certain :.,.mbers of the Texas Xunicipal Power Agency of which Buyer is a member. Nothing contained in this agreement shall be construed as obligating Buyer not to purchase fuel for use in Buyer's Plants from any other person, firm or corporation whatsoever when such fuel is in excess of Buyer's Fuel Requirements as defined in Article 1. Nothing contained in this agreement shall prevent Seller from selling and/or delivering and Buyer from buying and/or receiving hereunder any additional quantities of gas in excess of Buyer's Fuel Requirements which Seller desires to sell and/or deliver and which Buyer desires to purchase and/or receive on such terns and conditions as may then be mutually a€reed upon. (5) If, during any Calendar Year of the term hereof, Buyer should fail to purchase the r!inimum Volu,.,e of gas required by this agreement to be purchased during such year, Buyer shall pay Seller for the amount of the deficiency as follows: (a) That portion of the deficiency up to but not in excess of ten percent (10%) of Buyer's Fstir.ated Annual Fuel Requirements for the Calendar Year during which such 5 deficiency occurred shall be considered as the first volu,..s delivered, excluding any exchange deliveries, during the next succeeding Calendar Year and shall be paid for at the total price otherwise in effect under this agreemcnt for the periods during which such deficient volumes are delivered. All such deficient volumes so delivered to Buyer during any Calendar Year shall not be deemed deliveries of gas in such Calendar Year for the purpose of computing buyer's Minimum Volume obligations. The delivery of deficient volumes as provided shall nut increase Seder's maximum hourly, daily, and annual delivery obligations as set forth in this agreement unless otherwise agreed to by Seller. (b) Any deficient voluu:es for any Calendar Year in excess of ten percent (10%) of the Estimated Annual Fuel Requirements for such Calendar Year or any deficient volumes not taken as provided in subparagraph (a) of this paragraph (5) shall be paid for by Buyer at a price computed by using a price equal to twenty percent (20%) of the weighted average of the monthly prices paid by Buyer to Seller for gas purchased and delivered under this agreement during such Calendar Year that said deficient volume occurred. The amount of such payment due shall be computed by multiplying said price by the deficient volume. Such payments shall be made to Seller as liquidated damages for Buyer's failure to take such Minimum Volume of gas, such being agreed upon as 6 i reasonable under the circumstances as a part of this agreement, and not as a penalty. In the event Buyer fails to purchase any volumes hereunder during any Calendar Year, the price used in computing any deficient amount due hereunder for each Calendar Year shall be twenty percent (20°:) of the total price for December of such year as calculated in accordance with paragraph (1) of Article VI of this agreement. During each Billing Month of the next succeeding Calendar Year, :o:%Liencing with the Billing Month ending on January 31 thereof, Seller's bills to Buyer, for gas delivered during such months, shall be increased by adding to such bills an amount equal to one-twelfth (1/12) of the tcta.. amount due Se11er by reason of Euyer's failure to purchase, durir.g the preceding Calendar Year, the Minimum Volume of has required to be purchased hereunder. (c) An y deficient volumes incurred during the last Calendar Year of the tern hereunder or any deficient volumes not taken as provided in subparagraph (a) of this paragraph (5) during such last Calendar Year, shall be paid for by Buyer in accordance with subparagraph (b) of this paragraph (5), except that Seller's bill to Buyer for gas delivered during the last billing month of the term hereunder, shall be increased by the total amount due Seller by reason of Buyer's failure to purchase, during such last Calendar Year, the minimum volume of gas required to be purchased hereunder. 7 i r ARTICLE III QUALITY: Seller shall deliver to Buyer gas which is of merchantable quality and reasonably :ree from water and other objectionable fluids and from sand and other objectionable solids and which contains not more than twenty (20) grains of total sulphur, nor more than one (1) grain of hydregen sulphide, per one hundred (100) cubic feet of gas, and which has a heat content of not less than nine hundred (900) British Thermal Units (BTU) per cubic foot under the conditions of measurement set forth in Article V. Seller will notify Buyer as soon as possible in advance of any change in the source of gas supply which would effect a substantial change in the BTU content of the gas delivered to Buyer. ARTICLE IV D:LIVERY AND C0;^ZECTION FACILITIES: i (1) The points of delivery of gas to be sold and delivered by Seller to Buyer hereunder shall be at the outlet side of Seller's regulating and 7etering stations on the sites of Bu}er'S Plants. Seller agrees that it w:11 construct, operate and maintain such regulating and metering stations, as well as the necessary tap or lateral lines from its main pipeline system to said regulating and metering stations. Buyer agrees that it will furnish to Seller without charge suitable space at Buyer's Plant sites for Seller's tap and lateral pipelines, regulating and metering stations and appurtenant equipment, and that it will install and maintain the necessary service lines to connect with Seller's lines at the outlet side of Seller's regulating and metering stations. Buyer shall authorize no person other than an agent of Seller, or a person otherwise lawfully authorized, to tamper with, inspect or remove same, and Seller shall have free ingress to and egress from Euyer's S ' premises for the c(,.dtruction, maintenance, repair and replacement of its property located thereon, or for any purpose connected with the supplying of gas hereunder. (2) Gas is deliverable by Seller to Buyer hereunder at the outlet side of Seller's regulating and metering stations where Buyer's service line connects with Seller's supply line. Seller shall maintain at each of said delivery points, such reasonabl; steady pressure as nay be designated by Buyer at each point of delivery but not in excess of a maximum of i seventy-five (75) pounds per square inch gauge pre- ure. (3) The delivery and acceptance of gas hereunder sha11 begin as herein set out, and the title to and ownership of the gas delivered hereunder shall pass to and absolutely vest in Buyer at the points of delivery herein provided for. L. (4) Each of the parties hereto agrees to promptly notify the other party of expected changes in operating conditions which will affect the delivery and receipt of gas hereunder, and the reasons for such expected changes. ARTICLE 1' MEASUREMENT: (1) For the purpose of this agreement the unit o measurement of gas shall be one thousand (1,000) cubic feet at a pressure base of fourteen and sixty-five one hundredths (14.65) pounds per square inch absolute and at a temperature ba.e of sixty degrees (60°) Fahrenheit. ;deter measurements shall be computed by Seller into such units in accordance-,.ith the 111r-a1 61o laws corrected for deviation from rl,e pr~reure and temperature conditions set forth in the preceding sentence and in the case of orifice meter volume computation, it shall be in accordance with the latest applicable measurement 9 standard of the A.G.A GaslMeasurement Committee Report Fo. 3, a publication of the American Gas Association, 1969 revision, as amended. In such computations, Seller shall correct the volume measured based on the acts,.al flowing temperature of the gas. (2) The gas delivered hereunder shall be measured by means of meters of standard type, which shall be installed, operated and maintained by Seller ai:d placed at the aforementioned points of delivery or in as close proximity thereto as practicable. Meters, and other measurement instruments and equipment, shall be inspected and adjusted for accuracy monthly by Seller at Seller's expense. (3) Buyer shall have access to said metering equipment at all tines, but the reading, calibration and adjustment thereof and the changing of charts shall be done only by the employees or agents of Seller. iCharts and records from such r_etering equipment shall re.ain the property of Seller and shall be kept on file by Seller for a period of not less t;-ian four (4) years. However, upon request of Euyer, Seller shall submit to Buyer charts and records from its metering equipment, together with calculations therefrom, for Buyer's inspection and verification, subject to return by Buyer within ten (10) days after receipt thereof. (4) Euyer may, at its option and expense, install and cierate meters, instruments and equipment to check Seller's meters, instruments and equipment, but the measurement of gas for the purpose of this agreement shill i be by Seller's meters only, except as hereinafter specifically provided. The i meters, instruments and equipment installed by Buyer shall be subject at all reasonable times to inspection or examination of Seller, but the reading, calibration and adjustment thereof shall be done only by Buyer. ! 10 (5) Each party shall give to the other party notice of the time of all tests of t:eters sufficiently in advance of such tests so that the other party may conveniently have its representatives present, provided, however, that if either party has given such notice to the other party and such other party is not present at the time specified, then the party giving the notice may proceed with the test as though the other party were present. Upon written request from either party, the party making the test will furnish the other party a copy of any test report requested. (6) Pieter measurements computed by Seller shall be deemed to be correct except where the meter is found to be inaccurate by as much as one percent (17.), fast or slow, or to have failed to register. in either of which cases Seller shall repair or replace the meter. The quantity of gas delivered while the meter was inaccurate or failed to register shall be determined by the readings of Buyer's check meter, if installed and in good operating condition, or by correcting the error if the percentage of error is ascertainable by calibration or mathematical calculation. If not so ascertainable, then it shall be determined by estimating the quanty on a basis of deliveries under similar conditions when the meter was registering accurate":. Such adjustment or correction shall be made for the period during which the inaccuracy or failure exist; provided, however, if such period cannot be reasonably determined the adjustment or correction shall be made for the latter half of the period elapsed since the last previous meter test. (7) The daily average heating value of the gas delivered hereunder, expressed in British Thermal Units per cubic foot and computed on the basis of a pressure of fourteen and sixty-five one-hundredths (14.65) pounds per square inch absolute and a temperature of sixty degrees (60`) Fahrenheit, I 11 ~uu1 shall be determined at Seller's expense by the use of recording calorimeters of standerd type, which shall be installed and operated by Seller. Each . calorimeter shall be tested for accuracy by Seller at regular monthly intervals and should any test show it to be inoperative or recording in error as much as five (5) British Thermal Units, plus or minus, proper cc,7rection of recorded values shall be made for the period during which the recorder was inoperative or recording in error, and if this period cannot be ascertained, correction shall be made to the values recorded during the latter half of the period elapsed since the last previous test. In determining the heating value.of the gas delivered hereunder the degree of saturation by water vapor of the gas to be delivered hereunder shall be assumed to be seven (7) pounds per one million cubic feet of gas. (8) Upon written request from Buyer, Seller will furnish Buyer a detailed report within ten (10) days of any test conducted or computation made by Seller pursuant to this Article. ARTICLE CI PRICE/£XCHNN GE FEE (1) The price payable by Buyer for the gas to be purchased from Seller hereunder shall be determined for each Billing Month, as that term in defined in Article IX hereof, by increasing the Base Price in effect during such month, as set forth in Faragraph (2) of this Article, by an amount equal to the Weighted Average Price, as defined in Paragraph (3) of this Article, for such billing month, provided, however, that all of the prices payable by Bu vered by • Seller to Buyer hereunder are subject to Buyer for the gas to be delivered the British Thermal Unit teat content of the gas adjustment for variations in in the manner and to the extent set out in Article VII hereof. 12 (2) The Base Price of gas to be purchased by Beyer from Seller hereunder shall be as follows: (a) Beginning with the effective date hereunder and ending December 31, 1983 the Base Price per one thousand (1,000) cubic feet of gas shall be thirty-seven cents (37c). (b) During each month throughout the period beginning January 1, 1984, and ending December 31, 1984, the Base ?rice per one thousand (1,000) cubic feet of gas shall be the greater of (i) a price cetermined by multiplying the Base Price in effect during December, 1983, by the percentage change in tfC' Base Price Adjustment Calculation, as defined in subparagraph (2)(g) of this Article and herein referred to as the "BPAC", for 1983 over the BPAC for 1962, and adding the result thereof to the Base Price in effect during December, 1983, provided, ho~,evcr, such determined Base Price shall not exceed the BaFe Price in effect during December, 1983 by r.,ore than five cents (5c) or (ii) thirty-nine cents (39c). (c) During each month throughout the period beginning January 1, 1985, and ending December 3i, 1985, the Base Price per one thousand (1,000) cubic feet of gas shall be tte greater of (i) a price determined by multiplying the Base Price in effect during December, 1984,'by the percentage change in the BPAC for 1954 over the BPkC for 1983, and adding the result thereof to the Base Price in effect during December, 1984, provided, however, such t 13 determined Base Price shall not exceed the Base Price in effect during December, 1984 by more than five cents (5c) or (ii) forty-one cents (41()• (d) During each month throughout the period beginning January 1, 1986, and ending December 31, 1986, the Base Price per one thousand (1,000) cubic feet of gas shall be the greater of (i) a price determined by multiplying the Ease Price in effect during December, 1985, by the percentage change in the BPAC for 1985 over the BPAC for 1964, and adding the result thereof to the Ease Price in effect during December, 1985, provided, however, such determined Base Price shall not exceed the Base Price in effect during December, 1985 by more than five cents (5c) or (ii) forty-three cents (43c). (e) During each month throughout the period beginning January 1, 1967, and ending December 31, 1987, the Base Price per one thousand (1,000) cubic feet of gas shall be the greater of (i) a price determined by multiplying the Base Price in effect during December, 1986, by the percentage change in the BPAC for 198E over the BPAC for 1985, and adding the result thereof to the Base Price in effect during December, 1986. provided, however, such determined Base Price shall not exceed the Ease Price in effect during December, 1986 by more than five cents (5c) or (ii) forty-five cents (45c). (f) During, each month throughout the period beginning January 1, 1968 and ending Decembcr 31, 1988, the Ease E 14 Price per one thousand (1,000) cubic feet of gas shall be the greater of W a price determined by multiplying the Base Price in effect during December, 1987, by the percentage change in the BPAC for 1987 over the BPAC for 1986, and adding Elie result thereof to the Base Price in effect during December, 1987, provided, however, such determined Base Price shall not exceed the Base Price in effect during December, 1987 by more than five cents (5c) i or (ii) forty-seven cents (47c). (g) The formula for determining the BPAC is as follows: BPAC = A - B - C + D The amounts applicable to the above formula are as reported to the Railroad Cot--mission of Texas (or any corresponding reports to any subsequent or replacement Regulatory Authority) and are more fully described as follows: A = The "Total Operation and Maintenance Expenses" for Total Operations of both Lone Star Gas Company and Lone Star Gas Company of Texas, Inc. (for reference only, these amounts for 1982 are shown on line 43 of the pages titled "Gas Operating Revenues and Expenses" of Lone Star Gas Company's and Lone Star Gas Company of Texas, Inc.'s General Annual Reports for L982 to the Railroad Cor,-rni<_sion of Texas which are hereby attached as Exhibits I and 11). B = The "Purchased Gas Expenses" for Total Operations for Lone Star Gas Company (for reference only this amount for 1982 is shown on line 34 o the attached txhibit I). C = The "Revenues from Transportation of Gas of Others" for Total Operations for Lone Star Gas Company of Texas, Inc. (for reference only this amount for 1982 is E shown on line 20 of the attached Exhibit 11). D = The "Total Net Utility Plant" for Lone Ftar Gas Company and Lone Star Gas Company of Texas, Inc. (for reference only these a-xounts for 1982 are shown cn line 20 on the pages titled "Balance Sheet" of Lone S[ar Gas Company's and Lone Star Gas Company of Texas, Inc.'s. f i 15 General Annual Reports for 1952 to the Railroad Commission of Texas which such pages are hereby attached as Exhibits III and IV). (h) Seller, to encourage Buyer to purchase additional quantities of gas hereunder may, at its sole option, reduce the Base Price as otherwise established herein for gas to be delivered to Buyer during any month of any Calendar Year of the tern hereof by giving notice to Buyer of such Base Price reduction on or before the fifth (5th) working day prior to the beginning of such month. The Prase Price reduction will only apply to gas purchased hereunder at Buyer's Plants, exclusive of gas transported under that said Cas Transfer Agreement during such month, in excess of a Base Volume for any such month as such Base Volume is established in writing by Seller. Seller's establishment of a Base Volume shall be at Seller's sole discretion and shall accompany such aforementioned notice of a Ease Price reduction. (i) If Seller gives Buyer not ce that it elects to reduce the Base Price for any month as provided in the preceding subparagraph (h), then the Base Price as established by Seller shall be an amount lower than the Base Price as otherwise provided herein in effect for such v,onth, but not less than twenty-five cents (25c) per one thousand (1,000) cubic feet. If for any month Seller does not give notice to Buyer that it has reduced the Ease Price as provided in the preceding subparagraph (h), then all volumes purchased during such monthF shall be 16 paid for at the price as otherwise provided in this agreement as though such Base Price reduction had never occurred. Nothing herein, however, shall prevent Seller and Buyer from muttally agreeing in writing to reduce the Base Price as provided herein for such gas in excess of the Base Volumes at any time subsequent to the fifth (5th) working day prior to the beginning of any month for gas that is to be delivered to Buyer during said month. (j) Notwithstanding anything to the contrary contained herein, any reduced Base Price as determined in subparagraphs (h) and (i) of this paragraph (2) shall not apply to the determination of the Ba,e Price as set forth in subparagraphs (a) through (f) of this paragraph (2) t and the Base Price that would otlen•ise be in effect in lieu of the afores.entiL.aed reduced Base Price shall be utilized in the determination of the Base Price as set forth in subparagraphs (a) through (f) of this paragraph (2). (3) For the purpose of this agreement, the term "Weighted Average Price" of gas purchased by Seller shall mean the weighted average price pei one thousand (1,000) cubic feet of all gas purchased by Seller during any month, computed to the nearest one-hundredth of one cent, and shall be determined by div?_ding the total dollar amount paid or accrued on Seller's books for all gas purchased by Seller curing such month by the total number of thousands of cubic feet of gas purchased by Seller during such month, adjusted to the same pressure base as gas sold hereunder, and E,iall include, i.i addition to the 1 cost of the gas itself, all Class A Taxes, :1s reinafter defined in Article 17 VIII hereof; provided, that if any portion of the cost 'of gas accrued on Seller's books during any month is not paid by Seller to the party or parties entitled thereto because of the fact that such accrual is canceled, or if any portion of the cost of gas or of any Class A Tax which has been paid by Seller is refunded to Seller, or if Seller is required by the terms of any gas purchase contract, or of any agreed settlement of a disputed claim, or by a determination or judgment of a regulatory body or court having or asserting jurisdiction, to make retroactive payments with respect to gas previously purchased by Seller, then appropriate adjustments to compensate therefore shall be made in the price payable for sales gas delivered by Seller to Buyer hereunder as soon as practicable after the time of such cancellation, refund or retroactive payment, prov.ded, that the period during which such adjustments are to be made shall be determined by Seller subject only,to the condition that the same shall be made within a reasonable perio6 o.' time taking into consideration the total amount of any such cancellation, refund or retroactive payment, but no adjustments as provided for herein shall be made after this agreement has terminated except with respect to items canceled, refunded Lr paid prior to the date of such termination. It is recognized that Some of the gas delivered by Seller to Buyer hereunder during any month may be gas owned in place and produced by Seller or Lay be gas previously purchased or produced by Seller which is taken from one of its underground storage reservoirs, but such as shall not be considered in determining the h'e'_ghted Average Price of gas purchased by Seller during such month; provided. however, that gas placed in storage by Seller for later delivery to Buser or other customers or Seller shall be accounted for as gas purchased during the r.:on_h in which it was actuc11,: purchased. 1S s (4) Y,uyer shall pay Seller for the exchange services hereunder each billing Month an amount per one thousand (1,000) cubic feet of exchange gas de li-:ered to Buyer hereunder as follows: (a) From the effective date hereof through December 31, 1983 an amount equal to thirty cents (30c)• (b) During each month throughout the period beginning January 1, 19b4 and ending December 31, 198:, the c>:change fee shall be determined by nu Itiplying the exchange fee in effect during December, 1983 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (b) of this Article to the Base Price as determined in Paragraph (2), subparagraph (a) of this Article. t. (c) During each month throughout the period beginning January 1, 1985 and ending December 31, 1985, the exchange. fee shall be determined by multiplying the exchange fee in effect during December, 1984 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (c) of this Article to the Base Price as determined in Paragraph (2), subparagraph (b) of this Article. (d) During each month throughout the period beginning January 1, 1986 and ending December 31, 1986, :he exchange fee shall be determined by multiplying the exchcnE;e fee, in effect during Pt:c(-:r`)er, 1485 by the ratio of the Rasp Price as determined in I'aragvaph (2), subparagraph (d) of this Article to the Base Price as 19 determined in Paragraph (2), subparagraph (c) of this Article. (e) During each month throughout the period beginning January 1, 1987 and ending December 31, 1987, the exchange fee shall be determined by multiplying the exchange fee in effect during December, 1986 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (e) of this Article to the Base Price as dctermined in Paragraph (2), subparagraph (d) of this Article. (f) During each month throughout the period beginning January 1, 1986 and ending December 31, 1968, the exchange fee shall be determined by rultiplying the exchange fee in effect during December, 1987 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (f) of this Article to the Base Price as determined in Paragraph (2), subparagraph (e) of this Article. ARTICLE VII ADJUSTMENT FOR HEATING VALUE: If the weighted average heating value of the gas delivered by Seller to Buyer during any month is less than one thousand (1,000) British Thermal Units per cubic foot, the exchange fee and the price payable by Buyer per one thousand (1,000) cubic feet of gas ccr..puted as provided in Article VI hereof shall be decreased one-tentl of ere percent (0.1`:) for each British IhE rr,:a1 UTlit belrn: one thousand (1,000) British lherral Vnits per cubic foot; and if the weighted average lheating value e: the gas so deliver,-c'. I-. :ring any 20 ' I i i month is more than one thousand (1,000) British Thermal Units per cubic foot, the exchange fee and tlip price payable b, Euye- per one thousand (1,000) cubic fect of gas competed as provided in Article v I hereof ehall be increased one-tenth of one percent (O.lti) for each Thermal Unit above one thousand (1,000) British Thermal Units per cubic foot for such gas so delivered during such mr,th. ARTICLE VIII hETMBURSEMENT FOR TPY:1S AYD RENTALS: (1) The tern a' tax" or "taxes," as used in this agreement, shall mean any kind or character of tax (other than ad valorem, capital stock, general property, income or excess profits taxes), license, fee, rental or charge, including specifically, without limitation by enumeration, any production, severance, gathering, exchange, transportation, processing, compression, dedication, use, sales, delivery or gross receipts tax, now or hereafter lawfvIly levied, assessed or made by any governmental authority on the gas itself or on the act, right or privilege of production, severance, gathering, exchange, transportation, processing, compression, dedication, use, sale or delivery of bas %,hich is measured by gross receipts or by the volure, value or sales price to Seller or Buyer of the gas in question, but shall not include any value attributable to the liquid hydrocarbons in said gas; provided, however, that the term "tax" or "taxes" shall not be deemed to include any general franchise tax imposed on corporations on account of their corporate existence or on their right to do business within the state as a foreign corporation. (2) the terns "Class A Taxes", "Class B Taxes", and "Class C Taxes", as used in this agreer.crt, shall have the following rranings, to wit: (a) The tern "Class A Taxes" shall be construed to mean 21 all taxes, as herein defined, which Seller pays for the account of or by way of reimbursement to its gas suppliers with respect to all gas purchased by Seller, (b) The term "Class B Taxes" shall be construed to mean all taxes, as herein defined, which are or may be levied upcn and/or paid by Seller with r^_spect to the gas sold or exchanged by Seller to Buyer hereunder, exclusive of any Class A Taxes or Class C Taxes. (c) The term "Class C Taxes" shall be construed to mean any license, fee, rental or charge whicl- ' or may be levied or imposed on Seller by any governmental authority for the use of its public streets, alleys and thoroughfares in the conduct of Seller's business, with t respect to the gas sold or exchanged by Seller to Buyer hereunder and/or the gross receipts received by Seller from the sale or exchange of gas to Buyer hereunder, or any sales or delivery ta.: which is or may be levied or imposed on and/or paid by Seller, with respect to the gas sold or exchanged by Seller to Buyer hereunder and/or the gross receipts received by Seller from the sale or exchange of gas to Buyer hereunder. (3) All Class A Taxes shall be included, in addition to the cost of the gas itself, in computing the Weighted Aver~..ge Price of all gas purchased by Seller, in accordance with the provisions of Article VI hereof. F,u%.cr agrees to reir:burse Seller, vith respect to Class B Taxes and Class C Ta>.es as herein defined, for the full ac.ou;it of Class B Taxes and Class C ia:•tes which rre or ^.oy be levied upon and/or paid by Seller, with respect to 22 the gas sold or exchanged by Seller to buyer hereunder including any billing for & ficicnt volumes as set forth in Article II hereunder. (4) It is understood and agreed that the amount of reimbursement for any existing, new, or additional Class B Taxes and/or Class C Taxes, or any increase in Class B Taxes and/or Class C taxes, shall be determined by applying the rate, or the increase in the rate, of any such tax measured by gross receipts, units of volume, value or sales price to Seller's gross receipts hereunder or to the volume, value or sales price, respectively, of i the gas delivered hereunder; provided, that in the event such increase cannot be directly related to the gas delivered hereunder or the gross receiptE received by Seller, as hereinabove provided, the amount of reimbursement to Seller shall be the same proportion to the volume of gas sold hereunder as the total amount of such increase is to the total volume of gas sTld by Seller. (5) It is understood and agreed that in the event any tax, charge or rental for which Seller has been reimbursed or paid by Buyer hereunder is subsequently declared unlawful, Seller, upon recovery of the amount of such unlawful tax, charge or rental, shall refund to Buyer the entire amount of such reimbursement or payment made by Buyer to Seller which is so recovered by Seller; provided, however, that Seller shall not be required to make a refund to Buyer with respect to any amount so recovered two years after this agreement has terminated. (6) Any amounts due from Buyer to Seller as reimbursement for taxes, charges of rentals, in accordance w.'th the provisions of this Article, shall be paid T)y Fu%er to Seller at the time and in the runner Chat bills for gas delivered hereunder are paypble, as provided in Article IX hereof. 23 ARTICLE IX PANMENT: (1) For the purpose of billing and accounting; for gas delivered and exchanged hereunder, the day shall begin at twelve o'clock (12:00) Midnight and extend to the next twelve o'clock (12:00) midnight, and the month (herein sometimes called the "Billing Month") shall begin at twelve o'clock (12:00) midnight on the last day of the calendar month and extend to r,.elve o'clock (12:00) midnight on the last day of the following calendar month; provided, however; that in Seller's determination of the Weighted Average Price for the Billing Month, or for any month, Seller will use its normal fiscal month calculations, and nothing herein shall be construed so as to require Seller to change such procedure. (2) Each party shall ead all meters daily at eight o'clock (8:00) a.n. as nearly as practicable, and Seller shall report to Buyer the results of such peter readings. (3) On or befcre the tenth (10th) day of each calendar month, Seller shall render to Buyer at its office in Denton, Texas, statements of the amount of gas delivered hereunder by Seller to Buyer at each point of delivery during the preceding Billing Month, and shall also render a bill for the gas so delivered. In computing such bill for gas sold hereunder Seller shall, in the event that Seller has not completed the determination of the Weighted Average Price of gas purchased by Seller for such Billing Month, compute such bill using its best estimate of the "Weighted Average Price"; provided, however, that the bill for the Billing Month ne>:t following the Billing llcn*_h for which sucli cstir.,ate is -sployc,6 shall Ee adjusted upward or dovnward by an irount which, if added or subtracted, as appropriate, to or from the aa,ount of the hill for the Billin-1 Xonth for which such estimate was 24 employed, wo-,L yield and equal the amount that would have been billed Buyer had the actual Weighted Average Price been used in computing such bill. On or before the twentieth (20th) day of each calcudar month Buyer shall make payment to Seller at Seller's office in Denton, Texas, for all gas delivered hereunder to Buyer during the preceding Billing Yonth. (4) If for any Calendar Year the actual amounts necessary to determine the BPAC used in anN. Calendar Year's Base Price calculations hereunder are rot available prior to the preparation of Buyer's billing for the January and/or FLtr-uary billing months for such Calendar Year, Seller shall estimate such amounts, use such estimates in determining the BPAC, and use the resulting estimated Base Price and Exchange fee in such billings. Cmce the actual amounts necessary to determine the BFAC used in any Calendar Year's Base Price calculations hereunder are available, the next subtsequent billing for sales and exchange hereunder shall be adjusted upward or downward by an amount which, if added or subtracted, as appropriate, to or from the bill(s) for such billing month(s) for which an estimated Base Price and Exchange fee was used, would yield the billing amount(s) that would have been billed Buyer had the actual amounts applicable to the BPAC been used. I (5) If Buyer should fail to pay any amount owing to Seller when the same is due, interest thereon shall accrue at the rate of eighteen per cent (18%) per annum from the date when such amount is due until same is I paid. If such failure to pay continues for sixty (60) days, Seller may, in the absence of any bona fide dispute as to the amount or the time when same was due, suspend deliveries of gas hereunder, and the exercise of such right shall be is addition to any and all other rcrxdies available to Seller. 25 l (6) Each party shall have, during the term of this agreement and the two (2) year period immediately following its termination, the right at reasonable hours to examine the books, records and charts of t;ie other party to the extent necessary to verify the accuracy of any t,catement, payment, calculation or determination Dade pursuant to the provisions of any Article hereof. If any such examination shall reveal, or if either party shall discover any error or inaccuracy in its own or the other party's statements, paYcents, calculations or determinations, then proper adjustments and : correction shall be made as promptly as practicable thereafter; provided, however, that no adjustment or correction shall be made with respect to any error or inaccuracy which occurred more than two (2) years prior to the discovery thereof. ARTICLE X TEF1:: (1) Subject to the other terms and provision: hereof, this agreement shall be effective from twelve o'one (12:01) a.m. central standard time on the first day of the calendar month immediately following the execution of this agreement and shall thereafter continue and remain in full force and effect for a period and term extending to twelve o'clock (12:00) midnight on December 31, 1988. (2) Prior to October 1, 1987, Buyer shall submit to Seller a description of the gas supply services, if any, Buyer may desire for the five (5) year per?.od beginning January 1, 1989, through December 31, 1993. Upon receipt of such description, Seller will proceed to evaluate the nature and extent of services, and Seller shall subr:it a proposal including price provisions to Fuyer of such services prior to December 31, i987. Prior to ,,,arch 31, 198b, the parties will proceed to formalize the terns and 26 . conditions under which such services, if any, will be provided. Upon written acceptance of Se'_ler's proposal to Buyer or written mutual agreement to different provisions, this agreement will continue for the five (5) year period beginning January 1, 1989 through December 31, 1993. If the pcrties cannot agree in writing on the proposed or amended terms and conditions if such services by March 31, 1958, then this ogreement shall terminate on December 31, 1988. ARTICLE XI FORCE MAJEURE: (1) In the event of either party hereto being rendered unable wholly or in part by force majeure to carry cut its obligations under this agreement, other than to make payments due hereunder, it is agreed that on such party giving notice ar.,i full particulars of such force majeure in writing to the other party as soon as possible after the occurrence of the cause relied on, then the obligations of the party giving such notice, so far as they are affected by such force majeure, shall be suspended from the inception and during the continuance of any inability so caused but for no longer period, and such cause shall be as far as possible remedied with all reasonable dispatch. The term "force majeure" as employed herein shall mean i acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of the governments and people, civil disturbances, explosions, breakage ur accident to machinery or lines of pipe, the necessity for making repairs to c- alterations of machinery, equipment or lines of pipe, breakage i of transmission iines, fcilure of electric equipment due to sleet, ice or other unavoidable ccuscs, acci4cnts to or failures of electric substations, 27 I transformers or switching devices, shortage of water, freezing of gas wells or lines of pipe, partial or entire failure of wells and/or sources of gas supply and any other causes, whether of the kind herein enumerated or otherwise net within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. (2) It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any force majeure hall be remedied with all reasonable dispatch shall not require the settlet,enc of strikes or lockouts by acceding to the demands of the opposing party :hen such course is inadvisable in the discretion of the party having the difficulty, ARTICLE X11 ~ CURTAILMENT OF DELIVERIES: (1) Seller does not guarantee a continuous, uninterrupted supply of gas to Buyer hereunder, and Seller reserves the right, subject to the limitations hereinafter set forth in Paragraph (2) of this Article, to curtail o_ discontinue the supply of gas hereunder, if in the judgment of Seller a continuance of the supply of gas to Euyer under this agreement would jeopardize or threaten adequate service to Seller's domestic, j commercial or industrial customers who are accorded by Seller a higher priority of service; provided, however, such judgment shall not be arbitrarily- or capriciously exercised. (2) Euyer and Seller reccgnice the fact that each is engaged in rc:,,dering a service which is essential to the public health and safety and both consider the continuity of buyer's fuel supply essential to the public welfare; tl~at each serves dorestic, co,-7ercial aT,.d industrial custccers and 28 i that in u,ny cases, use of gas by Seller's domestic, commercial and industrial custcmers is dependent on Buyer's ability to render continuous electric service; therefore, Buyer agrees that it will provide a reasonable quantity of standby fuel and equ'.pment to meet its fuel requirements during periods when the gas supply hereunder nay be curtailed or interrupted, and Seller agrees to exercise due diligence in making reasonable advance preparations to enable it to provide reasonably continuous service to Buyer. As soon as reasonably possible after Seller has knowledge of a pending curtailment of service to Buyer, Seller will notify Buyer of such curtailrent. (3) If during any Calendar Year or Years of the tc:m hereof Seller curtails or discontinues, for any reason, the supply of gas to Buyer hereunder to the e)tent th-t Seller does not supply ninety percent 0%) or more of the Buyer's Fuel Requirements hereunder during any such Calendar Year, up to but not in e;,c-~Fs of Buyer's Estimated Annual Fuel Requirements for any such Calendar Year due to such curtailments or discontinuances, then Buyer may elect to cancel this agreement by giving -notice of intention to cancel as hereinafter provided in this paragraph. In the event Buyer should have and exercise the right to cancel this agre rent, written notice of such election to cancel shall be given to Seller by Buyer within six (5) months after the end of the Calendar Year during which such curtailment ocearred, and such cancellation shall become effective at the end of two (2) years from and after the date of such notice. (4) Before the second billing period subsequent'to any curtailment of gas deliveries by Seller, Buyer shall notify Seller in writing regarding the amount of gas which was actually curtailed for any reason, including force majeure, and the details of the computation of such amc_unt, provided III 29 that all notices for curtailments of gas occurring in any Calendar Year must be sent within five (5) days after the end of such Calendar Year. Buyer's determination of the amount of such curtailment shall become final and binding on both parties unless protested in writing by Seller within twenty (20) days -fter receipt by Seller of such notification. Should Seller so protest Buyer's determination, buyer shall submit to Seller sufficient information as requested by Seller to substantiate such a determination. (5) In caso 34 interruption or curtailment A service, as provided I for in this Article, including curtailment by reason of force majeure as defined in Article XI hereof, the amount by which Buyer's Fuel Requirements, up to but not in excess of its Estimated Annual Fuel Requirements, are curtailed during any Calendar Year, shall, for the purpose of determining whether Buyer has complied with its tiinimum Volume obligation pursuant tc Article 11 hereof, be added to the amount of sales gas actually purchased and received by Buyer during such Calendar Year; provided, however, interruption or discontinuance of any exchange deliveries hereunder shall not be included in the aforesaid determination of any credit applicable to Buyer's Minimum Volume obligation hereunder. (6) Buyer and Seller recognize the fact that Buyer requires six hundred thousand (600,000) cubic feet of gas each day for plant protection gas, and Buyer and Seller agree that during periods of curtailment Buyer shall be allowed to take six hv.:dred thousand (600,000) cubic feet per day for plant protection gas; provided, however, that Buyer shall not be allowed to take such gas during periods of time in which it is necessary for Seller to curtail the supply rl gas to other industrial customers of Seller in the sane curtailrient zone in which Buyer's Plants are located who are accorded by Seller a priority of service equal to that provided in Railroad Commission of 30 Texas Gas Utilities Docket To. 496 for service to "(2). Large commercial (100 *.CF or more on a peak day) and industrial requirements for pilot lights and plant prntection gas" under category "B. Industrial Rate 1." ARTICLE XIII i EXCHANGE: (1) It is recognized that from time to tine Buyer may desire for Seller, by way of a simultaneous daily exchange, to receive and redeliver volumes of gas purchased by Euyer from another party or parties to cover a portion of Buyer's Fuel Requirements and Seller agrees to receive and redeliver volumes of exchange gas in accordance wit'n all of the terms and provisions hereof. (2) Seller agrees to exchange, during any Calendar Year of the term hereof, a volur_e of gas not to exceed thirty percent (30%) of Buyer's Estimated Annual Fuel Requirements as provided in Article 11 herein for such Calendar Year. Selle:'s obligation to deliver exchange gas hereunder to Buyer shall in no event increase Seller's total delivery obligation to Buyer on an annual, daily or hourly basis as provided in Article II of this agreement. (3) Notwithstanding anytLiog to the contrary contained herein, Seller's obligation to exchange gas hereunder is subject to Seller's existing or future pipeline capacity, system transmissibility and operating capabilities; and Seller may refuse to exch--nge gas hereunder if in the reasonable opinion of Seller to do so would adversely affect Seller's service to its customers or the conduct of its utility business. (4) It is recognized that a day-to-day balance of exchange gas received by Seller and delivered to Buyer may not be possible due to the inability of the parties to control precisely such receipts or deliveries. 31 However, Seller, to the extent practicable, will deliver to Buyer each day a quantity of exchange gas equivalent (in terms of Millions of British Thermal Units) to the quantity received from Buyer (or its designee) that day. Imbalances shall be corrected insofar as practicable during the month following the month in which they occur; provided, however, either party may restrict ins delivery of gas to the other party on a daily basis to match the quantities of gas delivered by the other party on such day. (5) Gas to be delivered to Seller by or for t'.e account of Buyer shall be delivered at point(s) of receipt which shall be mutually agreed to in writing by the parties. Seller's obligation to exchange gas hereunder is subject to the parties' aforesaid written mutual agreement to the points of receipt including the volumes, rates of delivery and allocation of volumes among other parties' gas (if necessary) relating thereto. (6) If any points of receipt are mutually agreed upon, Buyer shall commence, or cause to be commenced, procedure for the construction of the necessary pipeline taps and related pipeline facilities required for it to make delivery of gas hereunder to Seller at the agreed upon point(s) of receipt and to complete, or cause to be completed, such facilities with due diligence, and Seller shall commence, or caused to be commenced, procedure for the construction of the necessary pipeline, measurement and related facilities required for it to receive gas hereunder from Buyer or its agent at such point(s) of receipt and to complete, or pause to be completed, such facilities with due diligence. Upon the completion of the pipeline and measurement facilities required herein, the respective facilities of each party will be connected with the facilities of the other and the delivery and reception of gas shall connence as provided herein. Title to a.:d awnerohip of the gas delivered shall pass to and absolutely vest in the party receiving 32 such gas. Buyer agrees to reimburse Seller, within twenty (20) days of invoicing by Seller for the cost of installing or having installed, the necessary taps, measurement and related facilities required hereunder at mutually agreed upon point(s) of receipt; provided, however, the title to such facilities shall vest in Seller. Seller shall operate and maintain said measurement and receipt facilities at the points of receipt. (7) It is recognized that the facilities for delivery of exchange gas by Seller to Buyer are in existence at Buyer's plants covered hereunder. I (8) The measurement of gas exchanged hereunder at the points of receipt and delivery shall be in accordance with the terms of Article V of this agreement. (9) The exchange of gas hereunder is based on the British Thermal Unit heat content of one thousand (1,000) British Thermal Units pert.cubic foot of gas. Therefore, if the weighted average heating valu: of any gas delivered by one party to the other during any month should be more or less than one thousand (1,000) British Thermal Units per cubic foot of gas, then the volume so delivered shall be adjusted by calculation to a base of one thousand (1,000) British Thermal Units per cubic foot of gas. (10) Each party warrants to the other that its or its agent's facilities utilized for the delivery and acceptance of gas hereunder are wholly intrastate facilities and are not subject to the Natural Gas Act of 1938, as heretofore amended. As a material representation, without which both parties would not have been willing to execute this agreement, each party warrants to the other party that it will take no action or commit an art of omission which will subject its facilities, this transaction, or the other party's facilities, to the jurisdiction of the Federal Energy Regulatory Commission or its successor governmental agency under the terms of 33 the Natural Gas Act of 1938, as amended. The gas delivered and accepted hereunder shall not have been nor shall be sold, transported or otherwise utilized in interstate commerce in a manner which will subject either party to the terms of the natural Gas Act of 1938, as amended. In addition to and without excluding any remedy the aggrieved party may have at law or in equity, the party who breaches the above »arranties and representations shall tc liable to the aggrieved party for all &.T-ages, injury and reasonable expense the aggrieved party may sustain by reason of any breach hereof. (11) The gas' delivered to Seller hereunder at any point(s) of receipt shall meet those quality specifications set forth in Article III of this agreement. Natural gas delivered to Seller by Buyer or Buyer's agent shall have an interchangeability range within plus or minus five percent (5%) of the interchangeability of the gas then being transported in facilities at the point(s) of receipt applicable hereunder. Interchangeability, as defined for the purpose of this agreement, shall be determined by the daily average heating value content of one thousand (1,000) cubic feet of gas expressed in British Thermal Units divided by the square root of the daily average specific gravity of the gas. If at any time the gas fails to meet the quality specifications enumerated herein, Seller shall notify Buyer and Buyer shall immediately correct such failure. (12) Buyer, or its agent, shall deliver gas to Seller at the point(s) of receipt at pressures suffic.:ent to enter Seller's facilities at such point(s). (13) The points of delivery to Buyer for exchange gas hereunder shall oe at Buyer's Flants covered hereunder which are outside corporate airs and served directly from Seller's Transmission Division facilities. I I 34 The parties may, from tine to time, mutually agree to establish other points of delivery to buyer for the exchange of gas hereunder. (14) For the purpose of determining the quantity of gas exchanged and sold hereunder during any billing Month, it is agreed that the accumulated daily volumes of gas received by Seller from Buyer or its agent at the receipt points will be crnaidered to be the volumes of gas redelivered to Buyer hereunder as exchange gas and such quantity shall be subtracted from the total quantity of gas delivered by Seller to Buyer's Plants hereunder during such Billing Mentli in determining the quantity of gas sold under this contract. (15) Tne exchange volumes delivered to buyer hereunder shall not apply toward Buyer's ninimum purchase obligation as set forth in Article II of this contract. l ARTICLE XIV .REGULATORY BODIES: (1) This agreement and all operations hereunder are subject to the applicable federal and state laws and the applicable ordinances, orders, rules and regulations of any local, state or federal ;overnmental authority having or asserting jurisdiction; but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction in the premises. (2) In. the event either Buyer or Seller shall be required by judgement or order of any governmental authority having or asserting jurisdiction to either pay or charge prices for gas sold or exchanged by Seller to Buyer hereunder which are higher or lower than the prices stipulated or provided for herein with respect to gas sole or exchanged by 35 Seller to Buyer hereunder, the party adversely affected shall have the option of cancelling this agreement by giving the other party written notice of its intention to do so within six (6) months after the date of such judgement or order, which cancellation shall become effective at the end of one (1) year from and after the date of such notice. ARTICLE XV TEEM NATION PRIVILEGES: (1) If either party hereto shall fail to perform any of the i covenants or obligations imposed upon it under and by virtue of this agreement (e).,cept where such failure shall be excused under any of the provisions of this agreement), then in such event the other party may, at its option, terminate :his agreement by proceeding as follows: The party.not in default shall cause a written notice to be served on the party in default, stating specifically the cause for terminating this agreement and declaring it to be the intention of the party giving the notice to terminate the same; whereupon the party in default shall have thirty (30) days after the service of the. aforesaid notice in which to remedy or remove the cause or causes of default stated in the notice of termination, and if within said period of thirty (30) days the party in default does so remedy and remove said cause or causes, then such notice shall be nullified and this agreement shall continue in full force and effect. In case the party in default does not so remedy and remove the cause or causes of default within said period of thirty (30) days, then this agreement shall terminate (become null and void) upon the expiration of said period. (2) If the average price per one thousand (1,000) cubic feet of gas paid by Buyer under this agreement for gas over each month of s... (6) consecutive months exceeds by more than twenty per_ent (20G), the average of 36 the monthly price on a Xillion British Thermal Units basis of No. 6 fuel oil, 0.7% sulphur, Estimated U.S. Gull` Coast spot, as determined from Platt's Oilgram, over the same period of six (6) months, then Buyer may, within thirt;; (30) days following such six (6) consecutive month period at its sole discretion, elect to terminate this agreement by giving Seller six (6) months' written notice of the termination. (3) Neither Buyer nor Seller shall have any right to any damages against the other for termination of this agreement or termination of gas : service under an)' pr--)visions contained herein, and should Buyer obtain from any court, administrative or regulatory authority, an order directing Seller to continue gas service after Seller's termination of this agreement or Seller's termination of gEs service, under any provision ccntained herein, such service shall be at a price mutually agreeable between Buyer and Seller. (4) Any termination or cancellation of this contract under any provisions contained herein shall be without prejudice to the right of the party not in default to collect any amounts due it and without waiver of any other penalty to which the party not in default may be entitled for violation of this agreement. ARTICLE X1'I GENERAL: (1) Warranty: Each party hereto warrants the title to the gas delivered hereunder, its right to sell same, and that same is free from all liens and adverse claims. (2) Right-of-Way: Buyer hereby grants to Seller the right to lay and maintain pipelines and install metering stations and other necessary equipment on Buyer's Plant sites, as provided for in Article It' he:eof, only for the purpose of supplying gas hereunder, and such lines and other 37 equipment placed by Seller on said plant site shall remain the personal property of Seller and, subject to tha terms of this agreement, may be removed by Seller at any time. (3) Indemnit`: As between t,- parties hereto, each party s,'Iai. }r in control and in possession of the gas deliverable by it hereunder and responsible for any damages or injuries caused thereby until the same shall have been delivered to the other party at the points of delivery or points of receipt, except injuries and damages which shall be occasioned solely and i proximately by the negligence of the party receiving such gas. After such delivery of gas, receiving party shall be deemed to be in exclusive control and possession thereof and responsible for any injuries or damages caused thereby, except injuries and damages which shall be occasioned sole.ly and proximately by the negligence of the party delivering such gas. (4) Waiver of Breach: The waiver by either party of any breach of any of the provisions of this agreement shall not constitute a continuing waiver of other breaches of the same or other provisions of this agreement. (5) Notices: All notices provided for herein shall be in writing and shall be deemed to be delivered to Seller when addressed to Lone Star Gas Company, Attention: Industrial Gas Sales Department, 301 South Harwood Street, Pallas, Texas 75201, and deposited in the United States nail, postage prepaid, and shall be deemed to be delivered to Buyer when addressed to City Manager, City of Denton, Denton, Texas 76201 and deposited in the United States mail, postage prepaid, provided that either pa-ty may, by notice to the other, change its address used for the purpose c" receiving notices. (6) Captions or H din s: The captions or headings preceding the various parts of this agreement are inserted and included solely for convenience an9 shall never be considered or given any effect in construing 38 this agreement or any part of this agreement, or in connection with tre intent, duties, obligations or liabilities of the respective parties hereto. (7) Assi nment: This agreement shall be binding upon the parties hereto and their respective successors and assigns. All or any part of the rights or obligations of either party hereto may be at any time assigned, but any :.uch assignment, unless accepted in writing by the other party hereto, shall not relieve the assignor of its obligations hereunder, in the event the assignee shall fail to periorm the same in accordance with the terms hereof. ARTICLE XVII REPLACEMENT OF PRIOR CONTRACT: This agreement, effective as provided herein, shall replace and supersede that certain, Gas Sales Contract between Seller and Buyer, dated November 7, 1977, relating to Buyer's Plants, togr.ther with any amendments or supplements to said contract except that any retroactive adjustments to the weighted average price determination as provided in paragraph (3) of Article VI of such Gas Sales Contract shall continue for a period of two (2) years following such termination of said Gas Sales Contract. 39 11+ WITNESS WHEREOF, this agreement has been executed in duplicate originals by the parties hereto on phis the day of 1963, effective as of twelve o'one (12:01) a.m. central standard tire on the first day of the month immediately follcving such execution date. ATTEST: LONE STAR GAS CO.uPANY By Vice President ''Sell r" ATTEST: CITY OF DENTON, TEXAS By _ Mayor "Buyer" APP"D AS TO FORM: CRY ATTORNEY CRY OF DENTON', TEXAS BY. i SMI 'NOlN30 40 Aba :pgyp j 01 SV 03AOF dy 40 (EX!il3iT 1) G-.S OPcr;T?';G Frl'E;TES a_';D EYHP ,SES Fe,s c; 01 - c. !f scl-1y engaEed in intrastate operat.ons co:plete coILLn (c) only. 02 _ 03 Particulars astate Total 05 LOI-er(b) exas 04 aticn s operations 06 Sales of Gas 09 (.FC) residential Sales S 622 S24 530 'c G31 ~F4 10 t4.1) Sn. Co;-,:ercial and Industrial Sales 37 Leo 11 (4E1) Lg. Co:-.'rercial and Industrial Sales 1 I 17'i, 6O7 1 _l 12c c;n vo 12 (452) Other Sales Lo Public authorities 23 0~3_7C 1 21 '1a 13 L--_ (4S3) Sales for Pe saIc on 570 C?11{ or p pll 14 (48lnterCepartnenta1 Sales { 15 TOT.-'.L SL,LES OF GAS (Lns. 10 thru 15) 0 043 X52 1O'. 77r~ 72-) 16 (:her Oeeratirc 5'evenue= 17 ( f") FO fei,ed D15CCLd:LL5 oqn q-, L ~S c; Q 1s (4F5) tS_sceI'anecu5 Service F.e:enues 4 44 z4,4 L SFi 1,g) 19 (4UI. Fecenues fre:r T: anspertaticn of Gas of Others ;rq =?S ni 20 ILI (490) Sales of Frcducts Extracted from Rate:ral Gas 21 (491) Feci-nues frcn Natural Gas Processed by Otters 2~ c;F S t ~a ecn, 22 (~9C) Ir,cid_ntal Gasoline and Oil Sales _ Rent ircm Gas Froert, G ss; .1?? 23 (~91) ?6 ? cc interde r•'a:t:re n t a 1 Fects - Z°- - j 225 (45`) Otter tas Ft%c!"UeS tip ; c7r1 in i-n 26 TOT.-" L OT.._= vFEI"" C FLEVE'1LiS (Lns. lE thru 26) ~e-,c( rro L o :n - in 27 70 CF--,- 71 F E:'•Z'ES (Ln. 16 plus 2)} c~ ~r r~r 2° G?7:.:: IF?;: ''SES 29 :eraLiOn and a_ntenance Extpenses 30 (7'.; 7 2) !Ian;:fKCtured Gas Production Expenses 31 ?I) NaturaI Gas Production £xperises ( :3 60= 3601` 1~ E01~ 3= (705--0S Exploration and 1) ece'- cfcent E:- pens e s z3 (6C0 545) Purchased Gas Er•menses 1 7F? 2 2n7 1 Src,5 237 34 (FCE-E13) Otl,er Gas Supply Expenses (46 Q 0 6331! oc Iv n_1) 35 {3I.-S37) Underground Storage EXI)enses 3 61 2$4 J 3 cc- 35~ 36 (c40 S4S.3) OtFer Storage E::penS' L 27 (5G Eo7) Transmission i,penses 5~ 6F_1 5'?= S1 070_ 38 D1Strl L?lit l'rn ET: 11e1 `-f5 60 1 30 Custo,-er Arccunts Ex ~ peolc .es 2~ 6_CS 2~2 25 55^86 1 _ i 40 (5C0-9 1S) Custc-:er Service & Sales Pr7cmoticr Expense S ooti 7~4 { COi :7/ 41 (520-932) Adrnirlstrztive ar,i General, E:,per:se's °F lE;~?4t~ no nj3 Agri 42 TuTAL OFEF..=,TIO'1 >',7l :1 i,';TE.' ?';CE EXFE.';SES : i cU1 L70 156 151 06- :c; 3h; 43 (Lns. 31 Lhru 42) 44 Other Ore r 2 L i n 2 Ex e n s c s 45 {4Q5) Ueyreciation E;:penses j _2e0?°_1SJS 2C c3°~:S 46 (~54 0 i.2) CG.-hln e d r"t: art:23t10n EY, p CnSC5 ri1 5 47 1 n1L~lE 1- (4C&.i) Ta;:es Other Than Inco-ic = axes o 5-S-5- ~A-- 61 07; r;r LS (~C0.1) lnccr,,e Taxes ?7-S91-Q L-49 Provisicns for Deferred loco-e Taxes 10 61 -(,g In F;; 4S 50 (411.1) Income Taxes Ccferred in Prior fears - Credit err qr 51 (412.1-412.2) Irlvestcent T' (L-3--;-- fL_.~, Credits (4 %1) (4 e:= )cr,1 52 TC.TAL 07!,LLF OPEi'.,'„i';G EXPESSES (Lns. 46 thru 52) 5 1 r 1 f oo S4? I5 1 ;7; lnr) 53 TOTAL CFEF:'.TING ESF'E`;SES (Ln. 43 Plus 53) lSr n7c c7n Lr, 54 T G,~S CFEPATIN7, INCC: 1! - I 55 :E (Line 21. ninns line 54.) < 45F ~ ,r,- acr, , C„S OF f %i I',G ':E!:LLS ,`-..','D EXPE4SES 01 sc:cly er,gaFed in intrastate operations complete cola,^,n (c only. r 02 03 eras 04 Particulars Intrastate Total 05 Operatiuns Operations 06 (a) (b) (c) 07 Sales of Gas I 08 »E0) Residential Sales 09 _ 10 {4E!) Sm. Co-.-ereial and Incustrial Sales 11. (4S1) Lg. Coc.-,,ereial and Industrial Sales - l2 (4S2) OL`er Sales to Putlic E.uthorities - '453) Sales for Resale 13 14 (4F4) ITAL C a:tnental Sales 15 TCT~1 S'LLS OF GAS (Lns. IG thru 15) _ is 16 u't•`rr C" e-at:np Reven:es (40/ I 17 } 0. eiLed Lisccu::ts $ 18 (45S) ' is-ellaneous Service Re-:er,ues i 19 (489) F'e%'enues from Transportation of C3:; of Others I 17 8115 100 20 (490) Sales cf Products Er:tt3cted frcn ';atural Gas 21 (493) 'r,e•:=nues frcm Natural G:-,s Processed b~ Ot;:ors 22 (4521 Incidental Gasoline and Oil Sales (493) R:r,t frcr Cas 23 F':oLlerty I 24 (494) i:lie:d!:party-:enta. Rents ("'S5) Otte: Gas Ft.e:.ues 25 l 26 J'Cr 0,HF 0"SF,r.7":G PEVE';l_-~ S (Ln;. IE thru 251 < S 17 c:; ng + 77 TOTAL OFEF"`1!;G FE''t.'~IrES (in. 16 plus 27) 5 _ 17 F.15 ono ')8 OF'c°' E =E''SES 29 rztic-1 and '!ainten.:,ce Exptnnses 30 (iC i4 } ;;a r, factored G s F'rcductEx1er.s s $ $ 31 (756-791) Natural Gas Production Expenses ~ - e e^ E.... 4 G .t '~7 I 32 Z rloration and Developnent E.-.:Tenses I _ - 33 sr,5) Purchased Gas Expenses 34 ( C6-833) Other Gas Supply Expenses 35 (S14-837) Underground Storage Expenses 35 (646 b4 E;. 3) Other Storage Expenses 37 1G50-E67) fransnission Expenses jOz e;i 38 ( 7G 94) CistribuLion Expenses - 39 {9Gi-9C5) Customer Accounts Expenses - _.-1 40 (SD9 91S} Customer service 5 ::,ales Promotion ExrCrisc' ~ 41 (920-932) Administrative and General Expenses 565 557 42 TOTAL OPERr,TION ik,`J -1 I!;TEI;r_';CE E:{PE';SES 5 _ {E S 100 x09 43 fins. 31 thru 42) 44 Other Ooerat1np, Ex o_enses { 45 (4C'3) Depredation Expenses (4O4"'.07.2) Combined F.-,crti 73tion Expenses 5 $ 2 648 324- 46 47 G ) Taxes Other Than ]Ace-e Taxes 65'. ( 4F 46 (463.1} Intone Taxes - 2 19„ 411 49 (416.1) F'rcvisicns for Deferred !nco,-,e Tares (411.I) Income Taxes Deferr?d in Prior Years - Credit - 786 !SO 50 (412.1-412.2) InvesLrent Tax Coedits - 51 TOIAL GT!:ER OPERATING E}:PENSES (Lns. 46 thru 52) (67 4 1 52 53 TOTAL OF'ER.r.'r1NG EXPENSES (Ln. 43 plus 53) lE 5 11 318 050 5 4 'SET GAS GP= ~ I tiII..G INCC !E (Line 28 minus line 54) 6 517 nL9 55 { EXH:Bi T III ) 01 PAL-'SCE 5} ET D2 Q Balance at 3 Assets and Ct, Debits Cross 05 5 Dr. (Cr.) 0 Reference DeceMber 31 ' 06 a L, 0 7 U: I L i i'i P 2,-T Oo (101) Utility Plant in service p. 16, Ln. 44(e) S g_,0 12n oco 09 (:02) Ut -lity FIa:' F'urcGazed or Sc~] d 10 {y03? UtiI. Plant in P r c c c 1 s of necIasscati0n 11 (104) Utility a,t Le,3sed to Others 12 {105-105.1) Freperties ]field for Fc,t,re Use 13 (206) Cornleted Construction i'ct !lassified eeF, 15 14 (107) Construction Vcrk in Prowess L m I )5 (]0c-113.L) .5cc~ .lcted F:ov. for De - S '-roll. l6 (114) Utility Plant Accuis.,ior. Ad_lcstrentS (ls; ; ~n4 17 (115) Ac. PrOV. for A^ort. of Util Plant Acq. Ad2 {)16) Other l1,iIit;r Fla,: u c e ~ sa r,,s f )9 {117) Gas Stored U:,cerE:cund - Nor-current -`I S SAC _ 2C' TOTAL ',*ET LTILI'f'F F" _'lT (Lines 6t?,ru ;9) ; c i. 5 5c 3na OcF ! 21 Cj R FF,c7 ''TF A`,D Ic-"EATS 12 (]21) Ko,'nutility P:ope:,v S 535 6,31 23 (122) Accu:-,. Prov. for Per:ee. and - c 2 ; l' ! (123) L,vestcen t in Asscciatcd Cc-~anies ~ h 25 (124) Other Invc stnents 26 {125) ng Funds 62 27 (12E) Deprecia,icn Fund 20 ) Other S:ecizl Funds G , 29 ToT.-.L 13; ` ~ 01 1.T L F_- ~-,T': ~ r.,, T 1;7S 30 (Lines 2.2 -thru 2£) c; C 31 C.-..F K.~ . `;n .CC,-,'L--,D ASSETS 32 (131) Cash- $ 3 S ~i 63= 33 (132-1?':) Special. L•eposits I 34 (135) 1,'or};ins Funds 2s4 51; 35 (:-E) 7e,rerarf 36 Cash ]nvestnents O41) Notes Receivable p. 13, Ln. 17(e) 3 166 7 (142) Custor-,er Accounts Receivable 194 446 g31 36 (14;) Other Accounts Receivable - u (144) Accurr,. Prov. for Uncollect. Accts. -Cr. r,~-- ti ,5 4£1? 40 {145) Notes Receivable free, Assec, Cc-.rani i L es p. 13, Ln. 4 (b) _ _ 41 (14S) Accounts Pc cei.:bIc from Assoc. cor--2r.ies p. 13, Ln. 34(c) ~ 42 (151) Fuel SCOCr: 4 -A (152) Fuel Stock Expenses 44 (153) Residuals and Extracted Products 45 (154) Plant Materials and Operatins Supplies ~1 ]7~0 - ~ 6 ; 46 (155) Merchandise - 47 1 050 (`06 (156) Other !';aterials and SuF,pli~s - AE (]63) Stcres Expense 49 O 60'.) Gas Sacred Undergrecnd - Curren: 50 (165) Liquefied ;;atural Gas Stored 1,32_10 441_ 51 {y65) P;epayrncnts 1 435 SS' 52 (167-I6£) Advznce I'apmcnts 1 7FS 4cn 3 (l7]) Interest and Dividends Receivable 54 (172) Feat, Peceivable i6 9s6 55 (173) Accrued Utility Pcvcnucs 56 (174) Miscellaneous Current and Accrued Assets 57 TOTAL Cl J-FNT A,'D At:CRUTD ASSETS 6 687 76? 58 (Lines 32 thru 56). 5 357 179 ;5n EXHIBIT IV 03 RALrtiICE SFEET 0 Assets and Ciher Debits Cross Balance at 04 Reference December 31 G5 Dr. (Cr.) 06 - (a) (b) ~(c) _ 07 L: IT Tn' PLZ_-T OS (1D1) Utility Flza': in Service p. 16, La. 44(e) S 9642=693' _ Cc (IC.) litilit,; Plant Purchased or Sold ]G (1O3) I'til. Plant in Process of Reclassification 11 (1C4) L'tilit,; Plant Leased to others _ 12 (105-1C'S.1) Properties Held for Future Ilse 134160 _ 13 (10(5) Cc-pleted Construction Not classified 322307 14 (107) Construction Wort: in Progress 2737E54 15 (lOc-113.2) Acc i7uIztcd Prov. for Depr. S A7ort. (21 :274:,6) 6 16 (114) L1ti:ity Flznt A.eccisition AdjustM2[it5 !i 77 (115) Ac. Prov. for Anort. of Util. Plant Ace. Adj. 16 (]16) Gth_r Utility Plant Adiustr.ents 19 (117) Gas Stcrcd Lrdergrc'urrd - Non-current 2O TOTAL T UTILITY P'Lr_'Ii (Lines 8 thru lo) 5 7Fr,coCC8 21 OT P?CA',T I?,L'EST'-I%;7 S 22 (12 ) ?;or ii.ty Property c' 23 (122) P.ccc~. 'Frov. for Letuec- aad A.TOrt. 2c (1C:) Investr- ont P. AssoC~iated Companies _ 25 (12 ) G::~er In~estcents 26 (125 ) 5:n:'.:ng Fur.C5 _ 27 (]16) Deprec:atiC, Fu'r,d 2S Gl ~?',er Sp^^_C1.71 funds 29 1G1Y.L NL1 L::.:.. PRGi:. "I I., 3D (Lines 22 t h r u 28) =ccc.S 32 (131) Cash S 1403 33 (132-]34) Special Le;osits 34 (135) l+'orl:ing Funds 35 (136) Ten,>orary Cash Investments 36 (141) Notes Feceiv=_ble p. 13, LTi. 17 (e) _ ;i (]b2) Cuetorer Accounts Receivable 36 (143) Other Accounts Fcceivable 131672_ O44)'Accu-,, Prov. for Unco'lect. Accts.-Cr. 40 (745) Notes Receivable free Assoc. Co;-,Yaaies p. 13, Ln. 34(b) 41 (]-6) Accounts Recei rble from Assoc. Co ,anus p. 13, Ln. 34(e) 7 235 117 11 42 (151) Fuel Stoc1: - 43 (152) Fuel Stock Expense. 44 ('.53) Residuals and FxLracted Products _ 4` (]5:) Plant Y ater als and gperat4n6 SUTrlies 153314 ~ 46 (155) XLrch3rdise 47 156) Other ?lzt( rials and Supplies 4S (163) Stores 49 (]64) Gas £tcEr:e-:pd ense U'nderground' - Curren' _ 50 115) liquefie'_ Natural Gas Stored - 51 (166) Prepaymen.s ~7310 52 {167 lGo) Advance Paprcnts 53 (171) Interest and Dividends Receivable _ 54 1172) Rents Receivable 55 73) Accrued Utility Revenues 56 (174) `liscellanceus Current and Accrued Assets _ 57 1'0TAL CUR11!;T A]71 ACCRI'ED.AISETS S 15c3E1- 6~ 58 (Lines.32 tbru 56) a nun es~s.!n!.r re~.s~w~ai•m oaeesrusvrwfL6:~i~YU4VeYw~~fBtWamYaIQ'L!!S~~LYmY7 fmwmwzmw YO!® ar~~~v a- , ~7C'satos (4-52) L-_ TEXAS BINGO OPERArOR`S QUARTERLY REPORT praasareciinarructionjcorerully . TYPE OR PRINT . WRITE ONLY IN WHITE AREAS 2. RerorCna Auer,ar - 1. Bingo Ilunra numGar 1-2375460S1-8-41G01 {{0~~-let(.tn.-Mar.) ZedIJul. -Sapt., Ir L_--I •2xd (Apr. Junes 40' {Oct. - Doc.) I a. Organization name and mailing!ddresr Knights of Colu:rbus 4771 SPECIj!LNOTE You tnurl sand coples of thfa report 1409 itlind SOr (;rive and necemary achedulet to the Centon, 76201 76201 approorkto sovtming aody eAd to ~Q~ial the ofAce of 0.e attorney General. OCT 1 a (Ste Irvtruetfona om revered tide) GROSS RECEIPTS 5.S,leofbirgocards 5~~T La_ S jJ 6. Sale of bingo sttPPlies _ - - - _ _ _ 8. 7. Sale of food and beverages 7. - c_ 8Grmsrent from other bingo licensees ________________--__8. 9. Other - - 9' - 10. TOTAL GROSS RECEIPTS (Total ofRem.,5-9)_____________ 10. Z/i-y1'if(' EXPENSES (Attach "Texas Schedule of Bingo Fxpenser , Form 19.102) 11. Salaries and wages paid to bingo personnel ° - 11. 12. Rent a mortgage payments - - - _ _ _ 12. j Z - 13. 8i su flies and equipment ~ pa Purchased _ _ 13.---- 14. F coal and Never ages purchased for sale at bingo games 140 15. Merchandise purchased for bingo prizes _ _ - - - - _ 15. 16. Other bingo related expenses - - - - - _ _ _ - _ _ _ _ _ _ 16. Z 17. 7 0TAL E X F I N S E S (Mus( be the so rr,e as Itert 9 on Form 19-102 18 l ASi1 PRIZES AWARDED (From Item 10 on "Tex.sa Schedule of Bingo Prizes Form 19-103) LI 19. NET PROCEEDS llie.ri 10 minus Item Hand Item 18 _ _ _ _ _ _ _ _ 19. ENTER THE NUMBER OF PAGES OF E ±CH SCHEDULE INCLUDED WITH THIS REPORT ~ - - - ~ f C 20. "Texas Schedule of Bingo E) pens...'*, Form 19-1111 _ _ _ _ _ _ _ _ _ _ number of pages attached -L-_ 21. 'Texas Schedule of Bingo Prizes'', Fa 119.10? - - _ _ - _ - _ - - - _ _ _ - number of - f pages attached 22. 'Texas; Sche_J_ule_of Distribution of Bin Proca:crn' Form 19.104 number of pages att•ched F I doctors that the Information In fh:a document and a:l attachmon: Is trw and correct to the-bet', of my knowledge and ballet at,d t certify that sign copfet hn♦ been see t to the appro eLta governing Cauy and to the Teas. torney General. Hof avtr. orltitl awns (''face print) 4 ) z 'pant hone:.~nMr Data IY8f0 cP 3 rmplete this report and all BOB BULLOCK r c,.lred schedules and mall to: COMPTROLLER OF PLBL;1' ACCOUNTS Capitol S:etion Aui0m, Texa; 78774 ~'~.~5 _ S4is.9a~11161ae~PUrrsr-Yoataaasctsraserw~~eaaa; 19-302 e • 'ti'r^ la.e21 L Do not write in the space Ii TEXAS SCHEDULE OF BINGO EXPENSES To be filed with the Texas Bingo Operator's Ouarterly Report (Form 1.9-101) Page of~- B'npo IrtenN numCer _ , a R^; .-t L,Y Vuir to r3. - 4, Name e! or pent aeion Please read instructions on the reverse side Lis! each it of Gingo re'ated eager se paid during the reporting quarter and provide the infon,,at,on req,elted. Group the expenses intr. the six cetegor'es that correspond With the items of expense listed in the "Texas Emgo Operator's Quarterly Repo I" !Item numbers specified. Tctel each category • salaries an4 sages paid for bingo personne. 111) • Pent or morlgage payments (Item 17) • 8ingo supplies and squir nent purchased lte.n 13) • Food and betrages pwchased for sate at Uingo games Iltem 14) • Merchandise purchased for bingo prizes (Item 151 • Other bingo related ex;rscs (item 16) 00 NOT INCLUDE BINGO PRIZES AWARDED Icash or merchandise) OR CONTRIBUTIO'1S FOR CHARITABLE PURPOSP.S, A01 h. Jhe total of all e+pvnaes lis red !n this schea:.:v must equal !hr cmount reported In Jfem J7 or the Qnarter;y reporL A~ DATE Dr PAYp. pli,nal schedule paydt it neeeswry a dd1 AMOUNT g NAStE AND ADDRESS OF PAYEE DESCRIPTION GF ITEM OF EXPENSE ~ OR SERVICE RENDERED l _ ~2-~ YY<~ ar<t. rE t s kEy f f1 Y ~ _ I - C - ` - r( Q a 4lYS-- cc 37 7 71:_TA Lid 11i `Y 711 - - - 7J.~ f1,3 LIL+ l 7 L rp ` ~.aL-.Y fl J., r_i'rL._~ly~f.[1~. ~"SYL_+. [Pl61L L?LL~6~ ~Gr ~,2___ 2 q -_LLI _ls7.L. i2i Yet t qq ^ V -s I ~ T 7 r Af~~- _ CI-[L G•L~n,) I J_-_l,'1=.~~ _j. __.---~Il-_J..4"_ .5~ylf_..7/.4s1.•t _lta7t:uJ_1r~L~_-_------ ~t`.. L13 --L_ __-ZC'~ 11s i 1 •.I~~J1..Jf .f~ 1 li-YJ~.I~,. It- - G~ .3ct ircf~ y ILI. 1k.1e~7i-Z.~L:L__. j+ 41o1,i,f,z.", ;it IQ ~_Y_ ~1ttLEJSS-- -i~S_ H 3 ---1Lz_ _ ssee_FtYr1 c~_ ILIA - - - _~rsne. vi TL 'kt/~~, ritt 5._7~ _ r-7~pt,`.e .C,'ErllE~- ~uSEeliKl_Srs~..tL___- ____pl ~L`L4J.::.1.~LrR:D~r LI.--. r L- 15~ t~ u 1 - y_-j_r c ~ - ~ 9. TOTAL CF Comb ,e the forol of !fen, 9 on all erp<-nse sehedulc !sages amt enter the rombined THIS PAVE in [tern 17 of the Rriissr Op-,rolor; Quarltrly Repnrl. ' I' '3'try`~IA~E~~a~etl~it~'~~1~1~1' 4IL1lAlR>d~ff IB4w5-.tiuA atlssatselafaei~alel ~raocwlevaeal.s~ zr= 19- 103 .o'er,. 14e2) I+ DO not wrlte In tnL IPACG AoCr1 TEXAS SCHEDULE OF BINGO PRIZES To be filed with the Texas Bingo Operator's Quarterly Deport (Form 19-101) Page__L_ 1, 8inpn liClnH nu t, n.r 2~. R.POr11nG 0unter Z -2371 COI l-'r_~- 7k11~~- f, rV'ITe of or pe n':Ition - t I Please rerl irstiuetiors 171 1 tL3 e' f CC't are h ui LL~__ I on the r averse side list each occasion on which b'ngo games were conducted during the reporting quarter and provide theme inffoormatior• requeite_d~~. PRIZES AWARDED FOR EACH OCCASION (cash and merchandise) CANNOT cXCEED $2,500. DO NOT INCLUDE ANY OTHER EXPENSES OR CONTRIBUTIONS FOR CHARITABLE PURPOSES. AWE: The Iola! of all cac- pr2es awarded listed in this schedule (!fern 10) must eq:ial the amount reported in Rent 18 of the gicrizrly report. 7,rse additional schedule pages if necessary. 5. 6. _ F t PRIUS DB NGOF PLANERS --IUUt(3ER_OF GAMES NO. OF _ 000ASION REGULAFR SPECIAL TOTAL CASH 12.DONATED 17 TOT.~L PR Zt'S IRtta,lsatuel {Item119,1= 13_ ; ~Z- &33.•SD _ 3_r z rf --5 _ /G Mfr cZ Iel~' -rd !3 ~ ~ .2 / 1,3,x, sd ~ /31 ~fL • ~ _ - . ' t sea 1Y1 Y3 _ -44~ rt1 7 83-03-- _ 3 1 rz2_ ?Yy ~J J b Z ZY-_M_ L,33_ 1137,__- r rn 7 3-:.3 S 3 - 10 1' z~ 17x7,1 ,3 1z_ P3_ Jw ,z /2.2 Z J ~y - t 1e 1 15 ' !7~ 1 l.1Zd L7J_ _ J35._ 1 1s x::21-83_ -'-3--1 -Y z _ 8_2r`.aS Ill . _ _13 y ~-Z fr3sc 1e S.> 4:3 13b - 43 z- 19?_~~ 20 , 21 1 13/ 3 c;U 2i 63 ~C 1 ~3 iv } / c7 . 24 25 I /1~: 7 rY { 1i6y e v S- v i9 31 - - --_1 32 34 - - - - - 35 - 1 34 39 - - Tor+LS 3~ ~y3 r 3S1 a, 9. 11 5 9G 1 2~C 'i s fib 3~ <<i SYJ - - Cortb;r:c the lolalofItem 10 on all bingo pr.'.z schedulepagte rnd Cnn~fepr-th,e C0J0,irtyed Iola' tr; rtem 18 o,` the 13irgn_ Operator's Qu,jrlcrl> Rqurt. p ~R~~~~d~".~\~3Q(!~`.~1~Y1i►1~~Y~~„s~~\~~',~tYA~6~~il~~i L'!~'~"~~i~".,~:]~s~~EJ~~+!►~r'.]vP'il>►~YC9tie►~c. I a ' 1?104 r-• (4-621 L Do not wilts in the SpaCe above TEXAS SCHEDULE CF DISTRIBUTION OF BINGO PROCEEDS Page _1__of-_i To be filed with the Texas Bingo Operator's Quarterly Report (Form 19-101) f 1. El ,npa Ilce nr4 wmtrr 7. Re ortin 4'jarur 3. L~74. Name or orpen-rHlor Please read instructions `irli6 5 e_1 Cr1krl L 5 y 7 t-! on the reverse side. List each distribution of net proceeds made during the reporting quarter and provide the information requested. ALL NET PRO- CEEDS MUST BE USED ONLY FOR "CHARITABLE PURPOSES" OF THE ORGANIZATION WITHIN THE STATE OF TcXAS. Proceeds may not be used to support or oppose a candidate(s) for public office or any measure that is submitted for a pu:lie vote. Use additional schedule page s it necessary. 5• DATE OF B. 8. AMOVNT NAME AND ADDRESS OF PAYEE PURPOSE OR USE OF PROCEEDS ' DISTRIBUTION C} ti'J .54 _.ra;rry:rL-i: Deli (c.I p,; ccC //~~7 .f 4n6.rp .:.1 ..3 i 'Y? 1. es ~C.j irr_.r(_ /ait.;r~~' 1~Y(r:))r eS U..2;",, re' Hirt i.. ~ n•,.e Ju s 7 _ tot ro ...r EII. c4u,,~ t 114V ofiL.IJ jL, TOTAL OF TH15 PACE L:L fnrrr the combinvd ?oral or Item 9 on ar! schedule rigor fn !tern 13 bctow. /t' l1,3 UNDISTRIBUTED NET PROCEEDS 10. Net proceeds on hand beginning of this quarter _ C y13 of do,) (From Item 14 on previous quarter's schedu'cl . - 11. Net Proceeds earned during this quarter C!, tFre n Item 19 on this quarterly report) • • • • • )?;it 12. NET PROCEEDS AVAILABLE Iltem 10 plus Item 11) 31--- 13. Net proceeds distributed during this quarter c C (From Item 9 abose on this schedule) - I~1 - - 14. NET PROCEEDS UNDISTRIBUTED AT END OF THIS OUI'•HTCR (lre,n i2 minors Item 13) • a~rw•r®n s®nverwaaae.ea11s[suttaa ik':ae~laatttfaeftsnu`:l1S~ wood .1 4 \ /f®ti47NtlIi7~~ tl.lAl i i f NO. ~ i AN ORDINANCE ASCERTAINING THE GENERAL PREVAILING RATE OF PER DIF'M WAGES IN THE CITY OF DENTON, k'OR EACH CRAFT OR TYPE OF WORKMAN OR MACHANIC NEEDED TO EXECUTE CITY PUBLIC WORKS CONTRACTS. WHEREAS, pursuant to Article 5159a, V.A.T.S., the City Council is required to ascertain aiid establish the general prevailing rate of per diem wages in the City of Denton, Texas for each craft or type of workman or mechanic needed to execute "PUOlic Works" contracts; and WHEREAS, the City Council has caused to be mace a thorough inquiry and survey, and is of the opinon that the attached Schedule "A" of hourly wage rates are the prevailing wage rates in Connection with ouilaing construction; and that the attached Schedule "b" of hourly wage rates are the prevailing wage rates in connection with public engineering (Highway/Heavy) construction work and underground utility contracts; and WHEREAS, the Schedule "A" and Schedule "B" should be sc estab- lished and used by the City of Denton insofar as it is applicable to "Public Works"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The attached Schedule "A" of hourly wage rates for building construction is hereby adopted for the City of Denton as the general prevailing rate of per diem wages in the locality, for said work. This Schedule "A" shall become effective immediately upon passage and approval of this ordinance, and shall be included in the call for bids and in the plans and specifications for the "public works" project for which the City of Denton is required to advertise for sealed bids for work specified. SECTION II. The attached Schedule "B" of hourly wage rates for engineering (highway/heavy) and underground utility contracts is hereby adopted for the City of Denton as the general prevailing rates of per diem stages in the locality for said c?orY,. This Schedule "B" shall become effective immediately upon passage and approval of this ordinance, and shall be included in the call for bids and in the plans and specifications for the "public worko" project for which the City of Denton is required to advertise for sealed bids for work specified. ' SECTION III. This ordinance shall be in effect immediately Lpon its passage and approval. 7 PASSED AND ^PPROVED this the day of , 1483. -ZL F.I ' RD . S' EWAFT Ml R 1 OF DENTON, TEXAS 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: Y S CITY OF DENTON MINIMUM WAGE RATES FOR BUILDING C014S'TRUCTION The rc as blow have been determined by the City o Denton, Texas in accordance with the statutory requirements and prevailing local. wages. i Overtime shall be paid for at the rate of one and one-half (1-1/2) times the regular rates for every hour worked in excess of forty (40) hours per week. Trade-Craft Classification Rate Per Hour 1. Bricklayers & Stone Masons Bricklayer $1C.75 Precast Erector 7.73 Helper/Laborer 6.81 j 2. Carpenters. Acoustical/Drywall $9.02 Finish 9.50 Form 9.02 Rough 8.25 Helper/Laborer 5.52 3. Cement Masons Finish $8.20 Rough/Form Setter 6.55 Helper/Laborer 6.04 4. Electricians Electrician $8.83 Helper/Laborer 5.20 5. Elevator Constructors r Mechanic in Charge $16.01 Mechanic 11.21 Helper/Laborer 8.01 6. Floor Covering Workers Journeyman/Craftsman $8.71 Helper/Laborer 5.07 7. Glaziers Journeyman/Craftsman $7.25 Helper/Laborer 5.07 8. Insulators/Asbestos Workers Journeyman/Craftsman $6.63 Helper/Laborer 5.36 9. Iron Workers Structural $8.50 Rebar 7.35 Helper/Laborer 5.9,E 10. Laborers Skilled $5.52 Unskilled 5.01 11. Lathers Journeyman/Craftsman $7.57 Helpers/Laborers 5.52 f • Trade-Craft Classification Rate Per Hour 12. L.W. Concrete Foofdeck Workers Pllmpman $6,88 Tank Operator 5.54 ~ Hoseman 5.54 j Finisher 6.88 Laborers 5.07 d P 13. Metal Building Assemblers Journeyman/Craftsman $7,83 Helper/Laborer 5,50 d i 14. Millwrights`. Journeyman/Craftsman $7,25 f' Helper/Laborer 5,07? 15. Painters Craftsman (brush & spray) $7,57 Craftsman (tape & M oat) 8.71 Helper/Laborer 5.52 16. Plasterers Journeyman/Craftsman $12.25 Helper/Laborer 5.75 ' 17. Plumbers & Pipefitters , Plumbers $8.66 Pir•aiitter 8,60 Welder 8.00 Helper/Laborer 5.00 Air Conditioning Mechanic 8.60 18. Roofers Craftsman/Journeyman $7,75 Helper/Laborer 5.07 19. Sheet Metal Workers Journeyman/Craftsman $9,75 Helper/Laborer 5.07 20. Sprinkler Fitters Journeyman/Craftsman $9.59 Helper/Laborer 5,07 r: 21. Sound/TV & Alarm Chief Technician $7,97 Senior Journeyman/Craftsman 7.25 Journeyman/Craftsman 6.27 22. Terrazzo Workers & Tile Setters Journeyman/Craftsman $6.00 The CONTRACTOR shall comply with all State and Federal Laws appli- cable to such work. I The above are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those listed. The OWNER will not consider claims for extra payment to CONTRACTOR on account I of payment of wages higher than those specified. yf J F fQi"fi SCHEDULE "B" CITY OF DENTON MINIMUM WAGE RATES FOR PUBLIC ENGINEERING (HIGHWAY/HEAVY) CONSTRUCTION AND UNDERGROUND UTILITY CONTRACTS The rites below have been determined by City of Denton, Texas in accordance with the statutory recruircments and prevailing local wages. Overtime shall be paid for at the rate of one and one-haj.f ` (1-1/2) times the regular rates for every hour worked in excess of forty (40) hours per week. Trade-Craft Classification Rate Ter Hour Air Tool Man Asphalt Heaterman Asphalt Raker 6.55 Asphalt Shoveler 5.00 Batching Plant Scaleman 6.50 3atterboard Setter Carpenter 6.65 Carpenter Helper 5.1 5 Concrete Finisher (Paving) 7,05 Concrete Finisher Helper (Paving) 5.50 Concrete Finisher (Structures) 6.80 Concrete Finisher Helper (Struct) 5.55 Concrete Rubber Electrician 9.50 Electrician Helper 5.50. Form Builder (Structures) 6.70 'r Form Builder Helper (Struct) 5,00 Form Liner (Paving & Curb) 7,25 Form Setter (Paving & Curb) 6.10 Form Setter Helper (Paving & Curb) 4.50 Form Setter (Structures) 7.00 Form Setter Helper (Structures) 5.65 Laborer, Common 4.00 Laborer, Utility Man 4.90 Manhole Builder, Brick Mechanic 6.70 Mechanic Helper 5.00 u Oiler 6.05 Serviceman 5.75 Painter (Structures) Painter Helper (Structures) Piledriverman Pipelayer 5.75 f'. Pipelayer Helper 4.75 Powderman 7.00 " Reinforcing Steel Setter (Paving) 5,00 Reinforcing Steel Setter (Struct) 6.60 ;w Reinforciny Steel Setter Helper 4.50 heel Worker (Structural) 5,25 Steel Worker Helper (Structural) Sign Erector Sign Erector Help(•r Spreader Box Man 6.00 Swamper 4,95 Power E ui ment Operators: Asphalt Di.stribu~or 6.00 Asphalt Paving Machine 6,95 Broom or Sweeper Operator ti,20 Bulldoze: 150 HP & L -SL 6.25 Bulldozer 150 HP 6.75 Concrete Paving Curing Machine 6.50 Concrete Paving Finishing Mach 6.50 low 14 amv%%I~ Trade-Craft Classification Rate Per Hour Concrete Paving Form Grader Concrete Paving Joint Machine Concrete Paving Longitudinal Float 6.35 Concrete Paving Mixer 7,75 Concrete Paving Saw 6.05 Concrete Paving Spreader Paving Sub Grader Crane, Clamshell, backhoe, Derrick, j, Dragline, Shovel (less than 1 1/2 CY) 7.00 Crane, Clamshell, Backhoe, Derrick, k Dragline, Shovel (1 1/2 CY & Over) 7.35 Crusher or Screening Plant Operator Elevating Grader Form Loader Foundation Drill Operator (Crawler Mounted) Foundation Drill Op. (Truck Mounted) 8.25 Foundation Drill Operator Helper 5.95 Front End Loader (2 1/2 CY & Less) 6.15 F Front End Loader (Over 2 1/2 CY) 7.25 ~ Hoist (Over 2 drums) 6.00. Mixer (Over 16 CF) s Mixer (16CF & Less) t Motor Grader Operator, Fine Grade 7.55 Motor Grader Operator 7,25 Roller, Steel Wheel (Plant-Mix Pavements) 6.35 Roller, Steel Wheel (Other-Flat Wheel or Tamping) 6.95 Roller, Pneumatic (Self-Propelled; 5.15 Scrapers (17 CY & Less) 6.25 Scrapers (Over 17 CY) 6.90 Side Boom F Tractor (Crawler Type) 150 HP & Tess Tractor (Crawler Type) over 150 HP 6.90 Tractor (Pneumatic) 80 HP & Less 9.60 Tractor (Pneumatic) over 80 HP 6.75 Traveling Mixer Trenching Machine, Light Trenching Machine, Heavy Wagon Drill, Boring Machine or Post Hole Driller Operator 5,25 Truck Drivers: r^ k Single Axle, Lignt 5.35 ~ Single Axle, Heavy Tandom Axle or Semitrailer Lowboy-Float Transit-Mix 5.70 'Minch ~ Welder 7.15 Welder Helper r The CONTRACTOR shall comply with all State and Federal Laws applicable to such work. The above are minimum rates. Bidders shall base their bids on rates they expect to pay, if in ex,;ess of those listed. The OWNER will not consider claims for axtra payment to CONTRACTOR on account of payment of wages higher than those specified. a i t Y- FUNDING AGREEMENT i THE STATE OF TEXAS § i-•, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF llENTON § ~r This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and the Fred Moore Child Care Center (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national i origin, and therefore HRC recommends funding the Agency; and j WHEREAS, the City has determined that the Agency merits i assistance and has provided for Twelve Thousand and No/100 i Dollars ($12,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE Of' SERVICES i 1 ` The Agency shall in a satisfactory and proper manner perform the following tasks: k A. The Agency's purpose is to provide day care for low J income families (which includes free lunches, dental care and yearly medical examinations provided by an i area volunteer). B. To provide information and referral services. } C. To provide protective day care for abused children. D. To provide family self-support services. 11f iI. 3 i TIME PERFORMANCE. 'v The services funded by the City shrill be undertaken by the Agency within the following time frame: October 1, 1983 through September 30, 1984. j i i FUNDING AGREEMENT-FRED MOORE CHILD CARE CENTER-PAGE ONE i f k III. USE OF' FENDS City funds made available un,2.er this Agreement shall be 1'. utilized by the Agency to perform the following: A. The funds paid to Agency are to be used to provide j the scope of services provided for herein. F'•;? TV. METHOD OF Pj NT The City agrees to make paymer. the Agency upon submis-- sion of approved requisitions in. one ) lump sum payment. It is expressly understood and agt.3ed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Twelve Thousand and No/100 Dollars ($12,000.00) for all of the services rendered. V .1;. EVALUATION The Agency agrees to participate in an implementation and.' main'enance system whereby the services can be continuously monitored. The Agency agrees to make, available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/oi reports: gg A. All external or intarnai audits. B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria: 1. Number of children served each month. 2. Number of information and referral requests i handled quarterly.^ ~ i 3. Income level of families participating in program. D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. FUNDING AGREEMENT-FRED MOORE CHILD CARE CENTER-PAGE TWO rr®wms.wrar -r•r _-~-errrwrr .fir io~r®r~u~~:r~fi.~uurrrr~..~r~.~~r.~WMSw~i~rr...r e. n..ir 9 l VI. SUSPENSION OR Ti,RMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, :Eor cause. Cause shall include but not be limited to the following: I A. Agency's improper, misuse, or inept use of funds. { B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. If for any reason the carrying out of. this agreement is rendered impossible or infeasible./ In case of suspension, the City shall advise the Agency, in f writing, as to conditions precedent to the resumption of funding and specify a reasonable, data for compliance. i In case of termination, the Agency will. remit to the City any unexpended City fonds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF', the parties do hereby affix their signa- j ~ tures and anter into this Funding Agreement as of the ~~y~day of 1983. CITY OF DENTON, TE' S FRED MOORE CHILD CARE CENTE'.R ~ jr -Z CITY M AGER DIRECTO~. r~ r, { ATTEST: ATTEST- CITY SECRETARY SECRETARY j APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY y' BY: i / j FUNDING AGREEMENT-FRED MOORS CHILD CARE CENTER-PAGE THREE I i ll~~iir i~~1~V'i1}lilidi 19f7YR+:'a+~16AliflrM~;iS2'A1i~'iil6~+ Y~1B ~ 7 ~~sra*c.iea+wyrruri,arawe etrcmarru+sdr.ra. \{em7 wen egnrr~~A.ew•rarse~MM~fi►s..awa~aam~eo~s~o+e. r~~R~~rv,se Al~RaLleltvedO~'/~ FUNDING AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Agreement is hereby entered into by and between the r City of Denton, Texas, a Home Rule Municipal Corporation, k (hereinafter referred to as City), and the Retired Senior i. E f,; Volunteer ?roe-am (RSVP), (hereinaftr.r referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed tha services of ':he Agency and has determined that the Agency performs an imoortant human service for the residents of Denton without regare! to race, color, religion, age or national origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits is assistance and has provided for Five Thoueand and No/100 Dollars. (65,000.00; in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: ff'A: I. SCOPE 01' SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: I, A. The l,gency's purpose is to offer opportunities for reti.red persons sixty (GO) years of age or older to do volunteer service in the community. S. To remove obstacles that would keep volunteers from serving (transportation, reimbursement, meals, insurance). C. To develop stations, non-profit, public and private, in which volunteers can serve and with stations representative to design job descriptions for b. services needed. ~ i.. I). To recognize volunteers for their valuable service. To recognize supportive staff i1; cooperating p. agencies. E_ To recruit, place and train volunteers. (f II. t TIME PERFORMANCE' 1 The services funded by the City shall be undertaken by the FUNDING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAGE ONE I I .I ~L1~1~141W 11.1li~fllj1tHIHrH t1~~IlIlh~Vl;.iAl~r<L~Swaics~.e as ~afstrsca~u a~wwewra~.aa~~~w~~r INN Agency within the following time frame: October 1, 1983 through September 30, 1984, III. USE OF FUNDS City funds made available under this Agreement shall be utilized by the Agency to perform the following: A. Upon request, reimburse volunteers for mileage from home to place of service and back. B. For accident and liability insurance for active volunteers plus excess automobile insurance for those volunteers who drive their cars. C. For recognition purposes.' IV. METHOD Of' PAYMENT The City agrees to make payment to the Agency upon submis- sion of approved requisitions in one (1) allotment. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be ` E{, paid hereunder exceed the maximum sum of Five Thousand and No1100 Dollars ($5,000.00) for all of the services rendered. V. Ir EVAT~UATION ' The Agency agrees to participate in an implementation and i maintenance system whereby the services can be continuously 1 monitored. The Agency agrees to make available its financial i records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following f:1 i' data and/or reports: P. 1 A. All external or internal audits. i B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria: Iti 1. Number of active senior volunteers. C 2. Number of volunteer hours served. C. 3. Number of stations in which volunteers serve. ~ I. u FUNDING AGREEMENT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAG3i TWO ' lral~~'~$`t~~i~~r91111576.~1~,~nr:sa~rreml•aau..~,,..r..~- -MMMEN"10000011 i D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. d. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or i. D. If for any reason the carrying out of this agreement is is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. i' In case of termination, the Agency will remit to the City f any unexpended City funds. Acceptance cf these funds shall not E1` constitute a waiver of any claim the city may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the ~ day ' l v of 1983. F. CITY OF DENTON, TEXAS RETIRED SENIOR VOLUNTEER PROGRAM r _ CITY MANAGER - ~J DIRECTOR / i, i ATTEST: ATTEST: S i CITY SECRETARY SECRETAR ` - APPROVED AS TO LEGAL FORM: ' C. J. TAYLOR, JR., CITY ATTORNEY BY: F FUNDING AGREEMFNT-RETIRED SENIOR VOLUNTEER PROGRAM (RSVP)-PAGE THREE N'~.~~'~l/~.~s~!►~a~nraam~~erm~eorr~~wnn~o:ti~..~...~,r...:-....~.....__._~ rr.mwr.uve~u..m~a~row►~ i FUNDING AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs (herein- j after referred to as SPAN). In order to provide transportation services to a limited number of handicapped persons on a trial basis, f the parties hereto agree as follows: { 1. SPAN shall provide transportation services within the city limits to those handicapped persons under sixty (60) years of age selected by the City's Denton Human Resources Committee. Applica- tions to receive such transportation services shall be submitted by j.' ~ F ( the applicants to the City on forms approved by the City. The E j applicants selected to receive the transportation services shall be determined by the City's Denton Human Resources Committee on Trans- portation in consultation with the Director of SPAN. Applicants in t need of transportation for employment purposes shall be given . g pri)rity consideration over applicants needing transportation for r medical appointments, banking, shopping or social purposes.' 2. SPAN may contract with other persons or companies to provide (i the services specified herein during times when SPAN does not i operate. Transportation services provided by such subcontracts shall be in accordance with the terms and conditions of this agreement. 3. SPAN shall furnish the transportation services in accordance with working hours and holidays established by the SPAN Board of Directcrs. 4. Applicants for SPAN transportation services shall provide a statement by a physician concerning the applicant'3 handicap. Such statement shall be a factor in considering the applicant's need for transportation service. 5. SPAN shall undertake to develop a plan whereby passengers of the transportation services will pay One Dollar ($1.00) for every on(,-w,y trip provided to that person. SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)-PAGE ONE wewras ~rnwwmnrswr~srv~w~awn~ ` 6. All SPAN records of the services provided for herein shall be open to the City at all reasonable times for inspection and audit. t 7. Tile City shall pay to SPAN Four Dollars ($4.00) for every one-way trip furnished to a passenger in accordance with the terns of this agreement and Four Dollars and Fifty Cents ($4.50) for every one-way trip furnished by any subcontractor. SPAN shall submit requests for payment to the City at the end of every month for transportation services provided twat month. Tne City shall not, in I any case, pay -ore than Twelve Thousand Dollars ($12,000.00) to SPAN for furnishing the services provided for herein. 8. Commencing with and during the term of this agreement, SPAN, shall at its own expense, procure and maintain in full force and r effect insurance written by an insurance company authorized to do business in this State. Such insurance shall insure the City against all liability for .i_oss, injury, damage or claims caused by or arising out of, or in connection with the services provided for t herein, including injuries to or deaths of passengers or third persons and damage to or destruction of property. WlthOllt in any way limiting the generality of the above, SPAN shall keep and maintain the ollowing types of insurance in minimum amounts as follows: $100,01,0 bodily inju:.y per person; $300,000 bodily injury per occurrence; $25,000 property damage, j 9. This agreement shall be effective on October 1, 1983 and shall terminate on September 30, 1.984. EXECUTED this the day of. (f }<<'_~^__, 1.983. CITY OF U T iz, TEXAS/ USER ICES PROGRAM FOR AGING NERDS C,IT MANAGER ~ DIRECTOR ATTEST: ATTEST: C Y SECRETARY S CRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY ' BY: SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP)-PAGE TWO i ~ r 4 w . ~ y t "MRAM i I FUNDING AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Agreement is hereby entered into by and between the i City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aged Needs (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has I reviewed the services of the Agency and has determined that the Agency performs an important human service for the resi6ents of E ~ Denton without regard to race, religion, color, age or national 1 origin, and therefore HRC recommends funding the Agency; and i WHEREAS, the City has determined that the Agency merits assistance and has provided for Twenty-Three Thousand and No/100 Dollars ($23,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform ' the following tasks: A. The Agency's purpose is to help elder citizens ' remain independent and as fully active in the community as they choose, f B. Provide transportation for persons sixty years old or older. C. Provide a hot meals program five days a week at tt~ Denton Senior Center and Heritage Oaks. i D. Offer information and referral services for older Persons at the SPAN Central Office. j II. TIME PFRFORMI''~NCE 4,. The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1983 through September 30, 1984. , s ~ 5 FUNDING AGREEMENT-SERVICES PROGRAM FOR AGING NEEDS-PAGE ONE t E- gaow oa~.Mn....w.ravac~wra~I r ; I E' i t. y a ~i III. ; USE OF FUNDS City funds made available under this Agreement shall be i utilized by the Agency to perform the following: 1 A. Provide transportation for persons sixty years or older. B. Provide a hot meals prcgram five days a week at fi Denton Senior Center and Heritage Oaks. C. Offer information and referral services for older persons at the SPAN Central Office. IV., METHOD OF PAYMENT The City agrees to make payment to the Agency upon submis- sion of approved requisitions in one (1) allotment. r It is expressly understood and agreed that in no event under f the terms of this contract will the total compensation to be i ' paid hereunder exceed the maximum sum of Twenty-Three Thousand and No/100 Dollars (23,000.00) for all of the services rendered. V. i EVALUATION aY lip The Agency agrees to participate in an implementation and j maintenance system whereby the se:r.vices can be continuously f, monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following 's data and/or reports: z A. All external or internal audits. B. All external or internal evaluation reports. All C. Quarterly ?erforwance reports submitted in January, April, July and September, to include the following }t criteria: 1 1. Number of one-way trips furnished each month. S 2. Number of meals served at Denton Senior Center t and Heritage Oaks each nonth. 3. Number of information and referral requests handled quarterly. i FUNDING AGREEMENT-SERVICES PROGRAM FOR AGING NEEDS-PAGE TWO a Its t~~~~r~~oa~w vow t. r D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income. i VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause i shall include but not be limited to the following: 4 A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or r D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will rer.ik to she City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the rh clay of,' 1983.; c: CITY OF DEN ON, TEXA SERVICES PROGRAM FOR AGING N'3EDS L CITY biAN GER D RECTOR ATTEST: ATTEST: CITY SECRETARY SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY BY: FUNDING AGREEMENT-SERVICES PROGRAM FOR AGING NEEDS-PAGE THREE "~11iW C" FUNDING AGREEMENT THE STATE OF TEXAS § KNOW ALL MFN BY THESE PRESENTS: COUNTY OF DENTON This Agreement is hereby entered into by and between the ' i City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton County Friends f i of the Family hereinafter referred to as "Agency"; E WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important service for the residents of Denton } without regard to race, religion, color, aic or national origin, j and HRC recommends funding the Agency; and WHEREAS, the City has determined ghat the Agency merits i assistance and has provided for Twenty-Five Thousand and No/100 Dollars ($25,000.00) in its budget for funding the Agency; 1 NOW, THEREFORE, the parties hereto mutually agree a, follows: i I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform i the following tasks, for which Lice moneys provided by the City may be used: f A. Provide emergency residential shelter to women and i their cnildren, who are victin;s of family violence. B. Provide counseling, on both a residential and non- residential basis, to family members, to assist them in dealing with the emotional and physical trauma of family violence. C. Provide counseling services to victims of rape and their families. D. Provide community education services concerning rape and family violence. i II. TIME PERFORMANCE The services funded b) the City shall be undertaken by the Agei,cy within the following time frame: ' October 1, 1983 through September 30, 1984. FUNDING AGREEMENT-DEN10~ COUNTY FRIENDS OF THE FAMILY-PAGE ONE l P* wgw~r.~~~14'1Fi16111AM ~a;: IIi. Mf.THOD Or PAYMENT i i The City agrees to make payment to the Agency upon submission of approved requisitions in one lump sum payment. f' It is expressly understood and agreed that in no event under r the terras of this contract will the total compensation to be I paid hereunder exceed the maximum sum of Twenty-Five Thousend and No/100 Dollars (525,000.00) for all of the services rendered. IV. EVALUATION ' The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly perfor.nance reports submitted in January, April, July and September, to include the following' criteria: 44 1. Total number of clients served. F. 2. Residential-Number of women over seventeen (17) housed. 3. Number of children under seventeen (17) housed.',. re 4. Average length of stay of ~ y persons housed. ' 5. Disposition of case. ,i6. Non-Residential Family Counseling-Number of clients. 7. Non-Residential Individual Counseling-Number of clients. 8. Number of telephone calls related to family violence. 9. Income level correlated to Texas Department of Human Resources and Health & Human Services Poverty Guidelines. 10. Number be)ow poverty leve'i. Number above poverty level. FUNDING AGRF.EMF.NT-DENTON COUNTY FRIENDS OF THE FAMILY-PAGE TWO 111 /1~~.'~i/'it~7!~1E.4M'A~f~n~L~asinv®v•[aeu~nw~rtiar•r.rL~o...~..~.~~_ . t °*M We'W4V 0 00 AW4 iwWgRi~9i196 e: 11. Number of rape cases. 12. Other appropriate information such as number of volunteer hours, major donations, fund raising efforts, community education programs, and new program developments. 0. Quarterly financial statements submitted in January, fk April, July, and September to include expenses and i income. E. An explanation of any major changes 1n program services. F. An explanation of use of funds to provide additional services. YI. SUSPENSION OR TERMINATION In case of suspension, the City sha11 advise the Agency, in f, writing, as to conditions precedent to the resumption of funding LI and specify a reasonable date for compliance. In case of termination, the Agency will remit to the City' any unexpended City funds. Acceptance of these furids shall not constitute a waiver of any claim the City may otherwise have arising out of this agreement. I, IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Funding Agreement as of the day o f af,; 1983. CI_T OFAEt I`OH, TEX S DEN-ION COUNTYf-RIENDS OF THE FAMILY El? - 157 E`Cl`bA- _ ATTEST: ATTEST: ` i ' y.S.zle / f APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY r ~ ~ f i FUNDING AGREEMENT-DENTON COUNTY FRII:405 OF THE FAMILY-PAGE THREE { -T-.~.-~- b ~n ~ue>M'~~7S~wwr~srwsw~~M«w.w,~a/~Awr►~w~a~Naaii~s~MRww;w.trwlllM~Hwawr~91~'~MR FUNDING AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESEz;' COUNTY OF DENTON § This Agreement is hereby entered into by ,and between the City of Denton, Texas, a Home Rule Municipal Corporation, (her,-inafter referred to as City) and the Denton City-County Day Nursery (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has k reviewed the services of the Agency and has de,_ermined that the A Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national F't origin, and therefore HRC recommends funding t'he Agency; and ; WHEREAS, the City has determined that the Agency merits; assistance and has provided for Seven Thousand and No/100 h Dollars ($7,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: f 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform f, the following tasks: E A. The Agency's purpose is to provide low cost day care to low income families where both parents work.: 8. To provide two nutritional meals (breakfast and ~?f lunch) for the children. r~ II. ~ TIME PERFORMANCE rl~ { The services fundel by the City shall be undertaken by the Agency within the following time frame- October 1, 1983 through September 30, 1984. III. i l USE OU FUNDS City funds made available under this Agreement shall be f utilized by the Agency to perform the following: ~i A. The funds paid tc Aylency are to be used to provide the scope of services provided 'or herein. ` FUNDING AGREEMENT-DP',NTON CITY-COUNTY DAY NURSERY-PAGE ONE ~i E~I~~',~'&adlia~l►~l~f~ill~ll~~g'~~e~~~,ea~~sto~.a~rmm~,,m~.ag. r Irg IV. METHOD OF PAYMENT l The City agrees to make payment to the Agency upon submis- sion of approved requisitions in one (1) lump sum payment. It is expressly understood and agreed that in no event under the terms of this+ contract will the total compensation , be paid hereunder exceed the maximum sum of Seven Thousand and No/100 Dollars ($7,000.00) for all of the services rendered. E'• V. r EVALUATION The Agency agrees to participate in an inplementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial CV. I records for ieview by the City at the City's discretion. 7n addition, the Agency agrees to provide the City the following I data and/or reports: A. All external or internal audits. B. All external or inte-cnal evaluation reports. C. Quarterly performance reports submitted in ,January, April, July and September, to include the fallowing j criteria: 1. Number of children served each month. i 2. Income level of families participating in program. g' D. Quarterly financial statements submitted in January, April, July, and September to include expenses and St incomes x VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and pay-jionts to the P.gency, in whole or part, for cause. Cause shall include but not to limited to the following: A. Agency's3 improper, misuse, or inept use of funds. L. Agency's failure to comply with the terme> and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomple.t.e in any material respect, or FUND:iNG AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PAGE TWO ~ar~r~uo,~►p~~uirw~s' ~~r~.~a~t~a~ac~au~nra~v+~su~rc~a,yr~crxar,rra~~~ e ' tLJ k~s SS. ~ D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension. the City shall advise the Agency, in writing, as to c3nditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of and claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signs- Tet i. tures and enter into this Funding Agreement as of the ~Ig day of _L0j& 1983. CITY OF DENTON, TEXAS DENTON CITY-COUNTY DAY NURSERY f CITY MANAGER DIRECTOR/ ATTEST: ATTEST: CITY SECRETARY SECRETAR7y' ' APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., C TY ATTOJUNEY F BY: } N P i 1 FUNDING AGREEMENT-DENTON CITY-COUNTY DAY NURSERY-PAGE THREE I l~lil~\Y'~.4[(i®ti19~J~®fi~illt~valYtt e,osr®tr~enraarwi~oA•sa `..s..ssrr~,r~...r®..e..®..,.~~mr...~. ........~.....»..~.......,....:.r ~~~~,~~7/~~~~¢~~~lpMtw~flp►onM~nw~~e~~s rw~ssswws~~a~M~~l~wsw~iM~lM~ll~~ II'. L' DENTON SOCCER ASSOCIATION TI1L STATi, OF TEXAS 5 CUNTRACI' FOk SERVICLS COUNTY OF D.ENION S rr, /day of~ , 1983, This Agreement made this the - T by and between the Denton Soccer Association, hereinafter re erred to as the "Association", and the City of Denton, i E hereinafter relerred to as "City", each acting by and through its authorized officials, pursuant to the following terms and l conditions: 1. I, City Agrees to pay, to the Associatior, the sum of Four Thousand Five Hundred and No/100 1$4,500.0U1 Dollars and certain, fees and charges hereinafter described, for tl,e City's fiscal I year 1983-84. Association shall submit an annual budget to the C. Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and char.;es hereinafter described, aml the above four Thousand Five Hundred and No/100 {$4,500.00) Dcllars, thy. City will make one paymEnt to the Association on the 1st day, of uctober, 1983, in the s amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreatio.a Department. Expenditures shall be authorized for a period from Uctober 1, 1983 through September 30, 1984. Association agrees to provide the following services: 1. It shall provide qualified Soccer Officials for all Youth i League Soccer games and special games that are sponsored by the Denton Soccer Association. III. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any accidential comingling of funds. I 01, ~ ! ~/~wows~w+~waswww~esww.+. 7rM~~ 2. It will establish, operate, and maintain an account t systen for this program that will allow for a tracing of funds and a review of the tinancial status of the program. i 3. it will permit authorized officials for the City of Denton to review its nooks at any, time. 4. It will reduce to writing all of its rules, regulations, and policies a?:d file a copy with the Director of Narks and f v Recreation or his authorized representative along with any i amendments, additions, or revisions whenever, adcpted. S. It will. not enter into any contracts that would encumber i the City funds for a period tnati would extend beyond the term of j , i this Agreement. 6. It will. prepare and submit a report of expenditures and { revenues to the Director of Parks and Recreation or his repro- ' se.ntative by the 1st clay of December, 1983 and the 1st day of i Jurne, 1984. 7. It will refund Ilse balance of its account except for $15.00 to keep the account open, to the City of Denton on or before June 1, 1984. 8. It will promptly p,-y all bills when submitted; unless ,j there is a discrepancy in a bill which should be promptly reported to the Director of Parks ana Recreation or his authorized representative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City s officials when requested. 10. It will indemnify and hold harmless the City from any and all claims and suits arising olit of the activities of the Ass,)ciat:ion, its employees, and/or contractors. ' 11. It will obtain releasos from the officials which will ! re case, indemnify and hold livrmle~s the City and the Associ- E ation from any claims, injuries, or damages of the officials. DEMON SOCCER ASSOCIA'i ION - PAGE 2 12. It will retain officials as independent contractors and E not as employees. 1V. t t The general terms and conditions are as follows: 1. If any of the terns and conditions are not complied with by the. Association, the City is authorized to refuse to make any further payrients until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. phis contract shall be subject to all valid rules, regu- lations, and laws applicable thereto as promulgated by the j E United States of America, State of 1'exas, or any other govern- f. i mental bony or agency having lawful jurisdiction. 3. Association is authorized and should give notices F i required herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contributions or gifts received by the Association are riot subject Y.o tie provisions of this contract and they should be kept separate and apart from the funds, charges, and fee.; covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall. have complete control, supervision, and responsibility for its activities under this i contract including the hiring, supervision, and control of its r, employeCs. ` IN WI"iNF;;S WHEREOF, the parties hereto, acting under auth- ^s ority of their governing body and board of Directors, have caused this contract to be duly executed in two counterparts, G, i each of ~whhiic~h~ will constitute an original, as of the -12 ~ day of 19 8 3 . AKG- Td-7 S , K Lltl l ~FfY OF DANTON,~ LXAS DENTON SOCCER ASSOCIATION - PACE 3 yam` ~ ;I Ai1L$1: CHARLU I l b CI'IY OF llENTON, TEXAS APPROVED) ftS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTURNEY CITY OF U::NTU.N, TEXAS I BY: DEMON SOCCER ASSOCIATION BY: ~IGi CJ l~/ R Slll .N' T f That Paul Leslie, i.: hereby designated as the person to administer the provision of this agreement. 7' ltc~ DATE G. CliRiS NARTUNG LITY MANAGER c f `r f E DENTON SOCCER ASSOCIATION-PAUL 4 -14 41 r ~ 1.~ A. ` • w ~ 'PWii~~~ 11M7gIi~lYi7~y/I~p4p~1 ,r. i~i~~i1MMVPNq~ 7 DhM UN GIRL'S SOF1BALL ASSOCiAliON THE S'I A'l h OF l i-,XAS i CONTRAl:1 FUH SLRVILLS COUN I' OF DEN I ON § this Agreement made this the 1st day of April, 1984, by and, ~iwr between, the Denton Girl's Softball Association, hereinafter referred to as the "Association", and the City of Denton, hereinafter referred to as "City", e~.c}n acting by and through its authorized officials, pursuant to the following terns and conditions: I . City Agrees to deposit with the Association the sum of Four + Thousand One Hundred and No/100 ($4,100.(JU) Dollars and certain fees and charges hereinafter described, for the City's fiscal year 1983-84. Association shall submit an annual budget to the Denton Parks and iecreation Department for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Four 'thousand One Hundred j' and No/100 ($4,100.00) Dollars, the City will make ore payment to the Association on the 1st day of April, 1984, in the amount projected in the annual budget. City shall make such payments i solely from current revenues in t}ne budget of the Parks and.; Recreation Department. Lxpenditures shall bey authorized for a ~ r period from April 1 through August 31, 1984. Association agrees to provide qualifie(i umpires for all 'i Girl's Youth League Softball games and special games that are sponsored by the Denton Girl's Softball Association.' " 11I. f' t Association agrees to the following additional terms and j conditions: 1. It will establish a separate bank account for deposit of the Four Thousand One Hundred and No/100 ;$4,1UU.00) Dollars 7 . C • nArpKOp'ao-'.1~Rp1►~1i41ssv E I. paid to the Association by the city ind all expencitures for services provided shall be male frora this account. "J 2. It will establish, operate, and maintain an account system for this progr=,n that will allow for a tracing of funds and a review of the financial status of the program. .i. It will permit authorized officials for the City of J Denton to review its books at any time. ii 4. It will reduce to writing all of its rules, regulations, 1 ci and policies and file a copy with the Director of Paris and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber i the City funds for a period that would extend beyond the term of this Agreeme,.t. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by tie 1st day of September, 1!84. 7. It will refund the balance of the special account to the { City of Denton on or before September 1, 1984. 8. It will promptly pay all bills when submitted; unless' there is a discrepancy in a bill which should be prorptIy i reported to the Director of parks and Recreation or his authorized representative for further direction. 4 9. It will appoint a rcj/resentative who will be availaoic to meet with the Director of Yams and Recreation anu other City officiais when reyucste,l. 10. It will indemnify and holu harmless the City from any and + I, all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. i 11. It will obtain releases from the officials which will !I~ ' r release, indemnify ana hold harmless the City and the Associ- ation from any claims, injuries, or damages of the of.`.icials. 12. It will retain officials as independent contractors and DEN'NN GIRL'S SOFTBALL AS5OCIAT IUN- PA6h 2 F f. s \~~.4s~..ws..~saa.~+.~~tv~ar~.~~a+o.a.~.; ,~►aad not as employees. iv. Hie general terms E.nd conditions are as follows: A, 1. If any of the terns and conditions are not complied with the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected co tree satisfaction oI the Cite. 't'his contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulKated by the United States of America, State of Texas, or any outer '.r governmental body or agency having lawful jurisdiction. 3. Association is authorized and should give notice:, required herein to the Director of Parks and Recreation or,that person's authorized representative. 4. Any contributions or gifts received by the Association are not subject tc th° provisions of this contract and they i should be kept separate and apart from the funds, charges, and fees covered by this contract. F 5. Association shall provide its services and be paid by the Gity in the capacity of an independent contractor and not as an agent or department of the City. It shall nave complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN i11TNESS rJHl;ALON, the parties hereto, acting wider authority of their governing body and hoard of Directors, have caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the 1st day of April, 1984. A p 'FEW 1 At oft G Y U1; U :TUN , 'I EXAS DLNTUN UIRL'S SUFIBALL ASSUClA`1IUN-PAUL; 3 Y 'f I I~lMM~wwsnr6www+seaq~~,gwa4u~nw+IMlawp~wier~avW~pp~gp~f~M91i~g4pl~~#I~II~~~i##~4~ r, e ATTEST 1V I CITY OF U1:'N'IUN, TEXAS !bz APPROVED AS TO LEGAL FOLM: °I C. J. TAYLOR, JR., CITY AITORNLY 6 ,1 1 CITY OF ULNTON, TEXAS DENTON GIRL'S SUFIBALL ASSUCIAI'ION BY: 7n'b -l Q/ PR 5 U N' That Paul Leslie, is hereby desivnated as the person to administer the provision of this agreement. DAi') L ~1TR1S tIARrUNI;~- f CITY MANAGER ~t 'that Paul 1,csIie, is nereby designated as the person to administer the pro0 lion of this agreement. llA'16 C,~(,1i:Z1S FDLR-1UK C11Y MANAGLk i l V' i DENTON GIRL'S 60FI'BALL ASSUCIATION-PAGE 4 ----Rs~Rars~~sAwrrr~wsla~owq \ r c ___._.__.._.__.........._........q.■ers~sr~~~Mr~wYwNw7~o®oIw10.®91P1MpasrsfMural~rsagrpes i ,I DFNTON BUYS' TACKLE FUO'IBA,,L ASSUCIATIUN Ti18 STATE OF 1EXAS S CUNTRAU E0R SERVICES COUNTY Uh DEN1'0N S rtL. This Agr(-,-ement made this the 'lay of 1983, 4 by and between the Denton Boys' I'ackle Football Association he reinazter referred to as "Association", and the City of p Denton, hereinafter referred to as "Cit)", each acting by and through its authorized officials, pursuant to the following terms and conditions: I City agrees to deposit with the Association the sum of Two Thousand Five Hundrea and No/160 ($2,50U.0U) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year 1983-84. Association shall submit an annual budget to the Denton Parks and Recreation Department for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Iwo Thousand Five Hundred and No/100 ($2,500.OU) Dollars, the City will make one payment I - to the Association on the lst aay of Uctober, 1983, in the I amouit projecred ;n the annual i~udget. City shall make such payments solely from current revonues in the budget of the Parks K: and Recreation Depa:t;aent. Expenditures shall be authorized for a ;)eriod from October 1, 1983 through November ~iU, 19d4. 1.1. Association agrees to provide: yuaiifiad officials for all Goys' Youth League Football games and special dames that a-e i I spolisored by the Denton B(lys' 'c'ackle Football Association I11. ~ , Association agrees to the following additional terms and conditions- 1. It will establish a separate bank account for deposit of the Two 'T'housand Five Hunured and N'o/lilU ($2,500.00) Dollars paid to the Association by the laity and all expenditures for 7i~1r3f~ x Mwmminnwi~~ a.r~... ~~_.....r 00 \ I i•. i ' 0 services provided shall be made from this account. 2. It will esta'olish, operate, and maintain an account system for this program that will allow for a tracing of funds i and a review of the fnnanciai status of the program. t 3. It will permit authorized officials for the City of Denton to review its books at any time. i 4. It will reuuc;: to writing all of its :ides, regulations, and policies, and file a copy with the Uirector of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever adopted. 5. It will not enter into any contracts that would encumber f e,~ the City funds for a. period that would extend beyond the term of r, i this Agreement. b. It will prepare and iubmit a report of expenditures and revenues to the Director of Parks and Recreation or his repro- sentative by the 1st day of December, 1983. 7. It will refund the balance of the special account to the City of Denton on or before December 1, 1983, except tar Five I Dollars ($5.00) to be left in the account so the account will not have to be ciosed and reopened each year. 8. It will promptly pay, aall bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to t1kc Director of Parks and Recreation or his authorized representative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City i offici~als when requested. ~ 10. It will indemnify and hold harmless tae City, from any and 4 all claims and suits arising out of the activities of the Asso- ciation, its enploye,~.s, and/or contractors. f !1. It will obtain releases frou the officials which will release, indern;fy and hold harml is the City and the Asso- ciation from any claims, injuries, or damages of the officials. J . ~r . ww~•~Yp~lw01~114oM1~64AdiRIfM~I+MV7~ ~ 12. It will retain officials as independent contractors and not as employees. IV. the general terms and conditions are as follows. 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, eegu- Iations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other govern- mental body or agency having lawful jurisdiction. 3. Association is authorized and should give: notices required herein to the Director of Parks and kecreation or that person's authorized representative. 4. Any contributions or gifts received by the :association are not subject to the provisions of this contract and they should be kept separate and apart from th, funds, charges, and 1 fees covered by this contract. 5. Association shall provide its services and be paid by the City in the cap:pity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN itilINESS WlihkhOF, the parties iieret.o, acting under authority of their governing body and Board of Directors, have caused this contract to be duly, executed in two counterparts, each of which will constitute an original, as of the 18Tr day of 1983. CJi1 hU . S7 ;WA , M fo7Z Y OF Ul UN, T XAS i I F e A111:S1: /j AI! CHAR LOTT ALLEN, CITY SECR-DWRY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: UENTON BUYS' TACKLE FOOTBALL C. J. TAYLOR, JR., CITY A'IYURNEY ASSUCiAT1UN CITY OF DENTON, 'TEXAS BY: i~ That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. LATE G. C1,RI HAR'TUNG CITY MANAGER ? t 1 t E i i I i i s o' ~~iu , 'wse~.......J••.~...r.......r•w.~w~.~ ws~+r~awwa w~naw~ i A i i; DEMON PEE Wbb BASXhIBALL ASSUCIAIION { THE STATE OF TEXAS § CUNI'RACL' FOR SLKVICL:S COUNTY OF VENfON § E t' '(his Agreement made this the Lst day of December, 1963, E between the Denton Yee 'n'ee basketball Assuciatiun, hereinafter f referred to as the "Association", and the City of Uenton,! . hereinafter referred to as "Cite", each acting by and through w its authorized officials, pursuant to the following terms and conditions: City agrees to pay to the Association the sum of 'flire e Thousand and No/100 ($3,000.00) Dollars, and certain fees and . charges hereinafter described, for the City's fiscal year 19b3-1964. Association shall submit an annual budget to the , City for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Three Thousand and No/l0U ($3,000.00) Dollars, the City will make one payment co the Association on the lst day of December, 1963, in the amount projected in the annual budget. City shall make such r payments solely from current revenues in the budget of the Parks i and Recr--ation Uep,-rtment. Expenditures shall be authorized for a period .rom December 1, 1983, through February Z9, 1 64. 11. Association agrees to provide quaLified Basketball officials r for all youth League Basketball games and sl,.cial games that are sponsored by the Denton Fee Piee Basketball Association. III. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any, accidental commingling of funds. f' a. 11 J R. 2. It will estpblish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. it will permit authorizeu officials for the City of Denton to review its books at any time. Fp 4. It will reduce to writing all of its rules, regulations r and policies, and file a copy with the Director of Parks and, Recreation or his authorized representative along with any C~ amendments, additions, or revisions whenever adopted. 5. it will not enter into any contracts that would encumber the City funds for a period that would extend be,and the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his, representative by the 1st day of ;March, 1984. 7. It will refund the balance of its account to the City of t,. Denton on or before March 1, 1934. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. 4 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any and f all claims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the and tia Associations from any claims, injuries, or da._-.6es of the officials. 12. It will retain officials as independent contractors and not as employees. DENTON PEE WEE BAShb'FBALL ASSOCIAIION-PAGE 2 <L p ' IV. The general terms and conditions are as follows: 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any i further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid ruies, regulations, and l-.as applicable thereto as promulgated by the United States of America, State of 'Texas, or any other governmental body or agency having lawful jurisdiction. ~ 3. Association is auth ized and should give notices required ' herein to the Director of Parks and Recreation or that person's F - authorized representative. i~ Y 4. Any, contribution or gifts received by the Association are not subject to the piovision:: of this contract and they should be e. kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an z:'S agent o, department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN Wi[NESS 4G1fhRh0F, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be executed in th,o counterparts, each of ,Jhich will constitute an original, as of the day of [lt, 1983. ll i ir1R1 STEWA}f1' , (YiAY TY OF DENTON, TEXAS r i r DENTON Phi: WEE BASKETBALL ASSOCIATION-PAGE 3 ..o~r..rr..~~f a ,t- - r • . y I -MOWN IMM pplip"Mr4okowrawow mz ATTEST: CHARLOTTE ALLEN, CITY SECRET R C(TY OF llENTON, TEXAS APPROVEU AS TO LEGAL FORM: C. J. TAYI.UR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS DENTON PEE WEE BASKETBALL ASSOCIATION i l That Paul Leslie, is hereby designated as the person to administer the provision of this agreement..: _ s 2 ~9 gam' ' - Xle~M U~ ' E Al E L RI tiARI'LiNG (k ~ CITY MANAGER I i E'- ( Y' i i I DENTON PEE WEE BASKETBALL ASSOCIAI'ION- PAGE 4 l4~ DEMON BUY'S BASEBALL, INC. THE SPATE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S I This Agreement made this the 1st day of April, 1984, by and between the Denton boy's Baseball, inc. hereinafter referred to ! t. as "Association", and the City of Denton, hereinafter referred i to as "City", each acting by and through its authorized e' officials, pursuant to the following terms and conditions: ' t. r City agrees to deposit with the Association the sum ofd, { Eleven Thousand and No/100 ($111000.00) Dollars, a :a certain fees and chr.rges hereinafter e;escribed; for the City's fiscal i year IQ83.81. Association -1hall submit an annual budget to the j1 Denton ?arl i+uo iler..reat con llupar',;>ent for approval which shall I set forLh on at, i';:ri b, item basis the fets and charges herein- I ~ after dcsciib(,11 and he above Eleven Thousand and No/100 j.I ($11,000.00) Dollars, the City- will iaake one payment to the f' Association on the 1st clay of April, 1984, in the amount 'r projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from April 1 through August 31, 1984. i 1 II. Association agrees to provide qualifit.d umpires for all I I1 boy's Youth League baseball games and special games that are I sponsored by the Denton Boy's Baseball, Inc. ' 111. ° Association agrees to the foi'owing additional terms and i ' conditions: I ! 1. It will establish a separate bank account for deposit of [ the Eleven Thousand and Noi100 ($11,000.00) Dollars paid to the ! Association by the City and all expenditures for services i provided shall be made from this account. °aE f E i f f Z. It will establish, operate, and maintain an account f system for this program that will allow for a tracing of funds ~ E and a review of the financial status of the program. j 3. It will permit a~sthorized officials for the laity of i { Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations, l and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber i the City- funds for a period that would extend beyond the term of this Agreement. 3 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- s°ntative by the 1st day of Septemb°r, 1984. i 7. It will refund the balance of the special account to the City of Denton on or before September 1, 1984. 8. It will promptly pay all bills when submitted; unless. there is a discrepancy in a ill which should be promptly i reported to the Director of Parks and Recreation or his j authorized representative for further direction. 9. It will appoint a representative who will be available to 1 meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any and : all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. 11. It will obtain relee..ses from the officials which will release, indemnify ind hold harmless the City and the Association from any claims, injuries, or damages of the officials. i ! 12. It will retain officials as independent contractors and ~r not as employees. i 3 DENTON BOY'S BAShBALL, INC.-PAGE 2 K k i F I, r f IV. The general terms and conditions are as follows: I 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any further paynients until the condition on which the complaint iJ } 3 based is corrected to the satisfaction of the City. s' Z. This contract shall be subject to all valid rules, regu- lations, and laws applicable thereto as promulgated by the United States of America, State of texas, or any other 1 ti governmental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that person's authorized representative.;. 4. Any contributions or gifts received by the AssGciation 14 are riot subject to tare 'I provisions of this contract and they 3 should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an ' I agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. d~ ~ r IN WITN7:SS WHEREOF, the parties hereto, acting under authority, of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, I i each of which will constitute an original, as of the 1st day of April, 1984. e4f IM-RD 1:W AR F r ~.l' OF DLN•ION O 'IL S i i 7 DENTON BU) IS BASEBALL, INC. - PAGF~ 3 , \~•wwi~~l•w~~+~.•~~.wRww~wwn~w~wA'w•~•rww•1w~pw.~.~.'..~+i.~.~ (.~~.ww,/~jr,~wlrwwww 4 1 ATTEST: CHARLOTTE ALLEN, C l SE~k~'PTay 1 CITY OF DEN'TON, ThXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF llEN'fUN, 'fF.XAS 2 BY BOY'S BASEBALL, INC. ? BY: PRESIDENT - R i That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. g , DATE I .5 1 h GITY MANAGER r lk, G¢-G r , 0 ,t ~ 4. :V+ 1- R 1 1 UE TON BOY'S BASBBALL, INC.-PAGE 4 INDEPENDENT CONSULTANT'S AGREEMENT k I THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Richard Cooper, hereinafter called Consultant, hereby mutually agree as follows: 1. SERVICES TO BL PERFORMED: City hereby retains Consultant i. to perform the hereinafter designated services and Consultant agrees to perform the following services: Mechanical/Electrical Engineering Services for renovation of the former police section of the Municipal Building as follows: A. Preliminary examination of the site and review of existing mechanical and electrical systems; j B. Preparation of engineering drawings and C specifications for HVAC and electric power/ , lighting systems; E C. Evaluation and recommendations on mechanical and { electrical bids received; D. Electrical and mechanical construction adminis- tration services to include periodic on-site ` A observation of the work and review of shop drawings and submittals. 1 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay s Consultant for the services performed hereunder as follows: A. A sum not to exceed Four Thousand Four Hundred Seventy-Seven Dollars ($4,477.00); B. Said sum for Consultant's services shall be allocated and paid at the completion of each I phase as follows: ! 1) Preliminary Design Phase $1,566.95 I 2) Construction Documents (Drawings & Specifications) 1,790.80 f' 3) Bidding and Negotiation Phase 223.85 i 4) Construction Administration Phase 895.40 I Maximum Guaranteed Compens<<tion $4,477.)0 { 3. ADDITIONAL SERVICES: Services other than those outlined above will be considered to be additional services and will be i performed only after written approval by an authorized represen- tative of the City of Denton. Additional services are defined I, f as: providing services relative to future facilities which are l PAGE ONE i l• I S~~~ 111 1 1 i not intended to be constructed as part of this project; revising drawings and specifications when such revisions are inconsistent i; 1 with approvals or instructions previously given, and due to causes beyond the control of the Consultant; preparing as-built drawings; or providing any services not included in this agree- t went or not customarily furnished in accordance with generally accepted engineering practice. Compensation for additional i services shall be hourly based on the following schedule: Registered Professional Engineer $45.00 Draftsman $27.00 Secretary/Word Processor $20.00 NOTE: The following services are specifically excluded from this agreement and will be considered as additional services if i required: i 1) Construction management services involving prepara- tion of project schedules; 2) Design of plumbing systems for new or renovated rest- room facilities; t I 3) Design of speciality communications or data processing -'f systems, other than conventional telephone system; 4) Design of specialty electrical or mechanical systems other than HVAC and electrical power/lighting systems. Exampie-Pneumatic Tube system such as in new Police Stati,,,n. 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Consultant that Consultant isI ~ E. an independent Contractor and shall not be deemed to be or consid- ered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee j benefit. The City shall not have supervision and control of Consultant or any employee of Consultant, but it is expressly understood that Consultant shall perforu the services hereunder 1 at the direction of and to the satisfaction of the City Manager i of the City of Denton or his designee under this agreement. 5. REIMBURSABLE EXPENSES: Reimbursable expenses are in add!- . tion to t•tal compensation and shall include actual expenditures E l A; marqe by the Consultant in the interest of the project upon prior approval of the City Manager or his designee. These expenditures ' a PAGE TWO P ~.~~yA11q~y{~MI/w~~lRI~1~1 [ , Z{{ J `lt,l 1 F,h I will typically include the expenses of reproductions, postage and SFFF{`['' ,r handling of drawings and specifications, long distance phone t' i calls, and out-of-town travel (@ 20¢ oer mile) if required. 6. SOURCE OF FUNDS: All payments to Consultant under this 1 agreement are to be paid by the City from funds appropriated by i the City Council for srtch purposes in the Budget of the City of Denton. 7. INSURANCE: Consultant shall provide at his own cost and expense workmen's core :nsation insurance, liability insurance, and all other insurance deemed necessary by Consultant to protect Consultant in the operation of CO.LSUltant's business. 8. CANCELLATION: City or Consultant reserves the right to i s f s cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement; provided, however, the City shall compensate the consultant for the balarce of all unpaid fees earned by him as f~ of the date of such cancellation. i 1 9. TERM OF CONTRACT: This Agreement shall commence on the 19th day of October, 1983, and ead upon the 30th day of April, 1984. EXECUTED this the day of October, 1983. i CITY OF DENTON, TEXAS 4AARDO) ST EW YOR i 3 ATTEST: CHARLOTTE ALLEN,- CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY t r i ? BY: 1 RICHARD COOPER, P. E. CONSULTANT RICIiARD COOPER, P. E. PAGE THREE Y . i That L. is hereby designated as >;t the person to administer ,the provision of this agreement. A i i 1 DATE C-R AIJD STEWART k 1 ~ I °d ;i i i i i a P 1 PAGE FOUR one - 4 OL P -=raw/ NO. d AN ORDINA14CE AMENDING THE ZONING PAP 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 18.1338 ACRFS OF LAND OUT OF THE R. B. LONGBOTTOM SURVEY, ABSTRACT NO. 775, DENTON t COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING AN EFFECTIVE DATE. t a THE COUNCIL OF THE CITY OF D.ENTON, TEXAS, HERESY ORDAINS: i SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-wit: TRACT 1: All that certain 9.364 acre lot, tract or parcel of land situated in the R. B. L(-ngbottom Survey, Abstract No. 775 of Denton County, Texas anti being part of Tract One described in j a deed from Joyce Meadows to Gler. Stephenson recorded in Volume 769, Page 224 of the Deed Records of Denton County, 'T'exas and being „yore particularly described as follows: BEGINNING at the southwest corner of said Stephenson tract One at a point in the center of Old North Road, said beginning point being northerly 435.7 feet from the southwest corner of said Longbottom Survey; THENCE north 00°00'20" east with the center line of Old North j Road 210,91 feet to the southwest corner of Tract 1 described in a a deed to Joyce Meadows recorded in Volume 769, Page 228 of the Deed Records of Denton County, Texas; I i THENCE south 89°43' east with the south line of Tract One a distance of 312.0 feet to its southeast corner, an iron pin found at a fence corner; t THENCE north 00°12'45" west with a fence on the east line of 7 said Tract 1 a distance of 516.29 feet to a fence corner post in the south line of a tract deeded to A. D. Adams recorded in Volume 410, Page 536 of the Deed Records; i THENCE south 89°22'20" east with A~4am's south line and a fence 474.93 feet to an iron pin found; { THENCE south 01°40"10" west a distance of 741.44 feet to an iron pin found at the north northeast. corner of a tract deeded to Willingham, et ux recorded in Volume 798, Page 641 of the Deed Records; THENCE north 88°20' west with a fence for a distance of 329.22 tt1 feet to an iron pin found; i THENCE north 88°09'20" west with a fence for a distance of 162.78 feet to an iron pin found; THENCE north 38°45' west with a fence part of the way and a distance of 281.70 feet to the point of beginning. e TRACT 2: All that certain lot, tract or parcel. of land situated i in the R. B. Longbottom Survey, Abstract No. 775, Denton County, " Texas, being a part of a 60 acre tract as described in a deed J top, s } ~i a s r from B. W. Boyd, and wife, Ila Mae Boyd to B. L. Stephenson on May 17, 1951, and recorded in Volume 375, Page 200, Deed Records of said County, Texas and being more particularly described as follows: BEGINNING at a fence corner at a point south 88°22'50" east 1323.38 feet and north 1°47'40" east 565.7 feet from the southwest corner of said Lonyt,ottom Survey and the southwest corner of said 60 acre tract; THENCE north 88°22'50" west with said fence 228.71. feet to a steel pin near a fence corner; THENCE south 1°47'40" west with fence part of the way 197.0 feet f to a steel pin; { 3 THENCE north 88`22'50" west 338.95 feet to a steel pin at the southeast corner of another. 9.474 acre tract out of said 60 acre a tract; i THENCE north 1°47'40" east 807.41 feet to a steel pin in o fence; THENCE south 89'23'50" east with said fence 7.68 feet to a fence corner; f THENCE south 88'08'46" east with said fence 559.98 feet to a steel pin at fence corner, being on the east line of said 60 acre tract; THENCE south 1'47'40" west with said fence 608.25 feet to the place of beginning, coitaining in all 9.474 acres of land, more or less. is hereby changed from Agricultural "A" District Classification { Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the follow ng conditions and specifications: 1. With exception of minimum lot size, all single family (SF-i) development standards shall be imposed on this development; 2. The property shall be subdivided in conformance with the City of Denton Subdivision Regulations and Land. E Development Code; plat approval shall constitute specific, site plan approval; i 3. Density shall be limited to level approved on planned development (PD) concept plan; and 4. A minimum of fifty (50') feet of right-of-way shall be provided for all streets proposed within the development. 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 subject to the above conditions and specifica~ions. ~f SECTION II. t That the City Council of the City of Denton, Texas, hereby I finds that such change is in accordance with a comprehensive A f 1 s x plan for the purpose of promoting the general welfare of the City of Denton, '.Texas, and with reasonable consideration, among I or things for the character of the district and for its pt-ouliar suitability o: 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 i,s citizens. 1 SECTION III, That this ordinance shall be in full force and effect immediately after its passage and approval, the required public J 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. r d PASSED AND APPROVED this the day of 1963, 9 SRI RD ) EWA , YORR C Y OF DENT s f • ATTEST: CHARLOTTh ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS p f APPFOVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS a SY: _ c I v E r i r r , f 3 9 _ I i J ~I 7 i ~ i .Y ~ 773' ff i I i r S , ou Cc o C c j " m Z e r O 4 11♦r 14 ~ H D U i r N r ~ a t. aIb NORTH AOID (.oc.uolla~ j' t 1 1 ~ p I I ^ ~ ' 1 ya119~ 1 ~ ~ Ir.-o.narl• ~ _ ~ T-T i i _ , r Lo« y: BLOCK o ~ I Y♦OY1 ^ I_ ~1 i z i~L f 1 + I 3 11 f 1 f i ~ I` II I n 1 1 l ( I _J _ 1 1 BLOCK B s j BLOCK B J n a i 1 NO. AN ORDINANCE AMENDING THE. ZONING MAP OF THE CITY OF DE'lTON, TEXAS, ! AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF O'„DINANCES OF ! THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 1, 2, 3, 4, 19, 20, 21 AND 22, BLOCK 1, NORTH LAKES PARKS ADDITION, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. 1 THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: 1 SECTION I. The Zoning Classification and Use designation of the following j described property, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, and being Lots 1, 2, 3, 4, 19, 20, 21 and 22, Block 1, North Lakes Parks Addition and located adjacent and west of the projected extension of Parkside Drive at a point beginning approximtely 824 feet south of Bowling o- Green in the City of Denton, Texas. I f is hereby changed from Two-Family "2-F" District Classification { Use to Single Family "SF-7" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton. f r 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 t the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classifica- tion and Use. i SECTION II. That the City Council of the City of Denton, Texas, hereby t' finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of 1 Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uaes, 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. I SECTION III. j I That this ordinance shall be in full force and effect immedi- ately 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 APPROVE) this the l~ day of 1983. ARE) E-WARV, YOR C Y OF DENTON, TEXAS' i ATTEST: ,f L9 l . //lc CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: e C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: ` ,L- cz) i c NO.~ AN ORDINANCE AMENDING SECTION 21-41 OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CI'.%.' OF DENTUN, TEXAS; TO PROVIDE FOR AN INCREASED FEE FOR EFFECTIVE DATE EXc.I_':ATION PERMITS; AND PROVIDING FOR AN . THE COUNC_:, OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. e That Section 21-41 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: f "It shall be unlawful for any person to dig up, break, and excallate, tunnel, undermine or in any manner break ! up any utreet or to make or cause to be rjade any exca- vation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excava- tion permit therefor from the city as herein provided, except as provided in S<*.ion 21-46(d), below, for ` emergencies. The fee for such excavation permit shall be Twenty-Six Dollars and Fifty Cents ($26.50)." SECTION II. This ordinance shall become effective immediately upon ite. passage and approval. ~Qrh- PASSED AND APPROVED this the _/E day of , 1983. ARD O. EWART, R TY OF DEN ON, TEXAS ATTEST: + C an TE AL EN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TC LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: i rr, IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF TEXAS Ito), Appleton, Jr. Cooney of Drneon 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 ewas published in said papermi the following dates: NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 2-1611 112 lines $44.80 OCTOBER 219 1983 Subscribed and sworn to before me Ihis _ 21 day of _ OCTOBER ~ 1 83 Wilness my hand and official seal. Notary Public, Denton County, Texas s.. NOTICE 6F PPBLIC HEARINOON III'. CONTEMPLATED O f ICE III f ilr \n. _ _ _ _ _ ANNEXATION t'i'll 1-1611 10)1 PAPER - NOTICE IS HEREBY GIVEN TO ALL INTER IN TIIF MA1 ER OF,CIIE', ESTEO PERSONS THAT: The City of Denton, Texas, proposes to institute annexa tion proceedings to alter the bourdary limas of said City to add the following de x Fbed territory to the cor- POrate limits of the City of Denton, to wit: All that certain tr) 1 or Parcel Of land lying and being situated in the Cotnty of Den Ion. Stele of Texas and being partof the 0. Brewster Survey, Abstract No. 56 and AFFIDAVIT OF PUBLISHER TO being more particularly de PUBLICATION OF LEGAL NOTICE xrifxd asfalOws: " BEGINNING at a point in the Present city limirs said Point tying at the intersection of rtz west boundary flee of the.tracf described In,Ordi•, Fllvd ihi • narKe No. 6960 with the southeast corner of the tract described in Ordinance No. 19 80 S6, said Pans 81141ring SW feet west of and perpendicu- lar to " cenlerhne of I H. 75w; _ THENCE WAh 77 degrees 01'02' wesk along said pres. ent city limits as established by Ordinance 6960 and 300 feel west of and parallel with the centerline of I.H. 75W, a distance of 1417.56 feel to a ' Point for a corner in the south boundary of a tract ciescr':bed in Volume MS. ! Page 765 0 I M,• Deed Records R s , D r P u t i, CO Denton Co~mty,Texas; 4 THENCE I*rlh 19 degrees 7910" west along the south boundary line of said tract a distance of 1701.77 feet to a Point for a corner, same b:ing the southwest corner of saidtract; THENCE north 7 degrees 62 east along the west boundary line of said tract a distance of 1777.76 feet to a point for a corner in " present city limits as established by Or- ' dtnanceNo.10671 THENCE south 09 degrees 19' east along the present City limits a distance of 1611.77 feel to the dace of beginning 6d contafnlrrg 611 acres d Nn0. ittore orless. A Public FA.%rkg will be held by and before the City Council of T" City of Denton, Texas on the 181111 day of Clclotim, 1987. el 7:00 o'clock P.M. In the City councir Chambers of the Municipal Bufiding of ten city of 0" 10n, 'Texas, for all persons inWested in The above pro- Posed annekatian. At said time and placi a0 such perWA Mall hive the right .lo appear and be heard. Of all said matters and things, alt Perim interested In tree things and matlen herein mentioned, will take notk e. A Public Hearing will be held iby and before the City Court If of the City of Denton. Texas, on the lsl day of +lovamDer; 1913, of . 7:00 O'clock P,Nt in the' City COU CW Chambers of . the Municipal BuWding of the City of Den". Texas, for all persons Interested M the IN THE MAW ER OF CITY OF DENTON CHARLOTTE ALLEN TIIESTA'rE OF TEXAS Roy Appleton, Jr. Cool) of Drnlon being duly sworn, says he is the Central Manager of the Denton Record-Chronicle, a newspaper of general circulation which has hecn continuously and regularly published for a period of not Iess than one year in the County of Denton, Texas, preceding the date of the attached notice, anti that the said notice was published in said paper ou the following slates: NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION Z-1611 112 lines- $44.80 OCTOBER 7, 1983 Subscribed and simm to before me this 7 _ day of _ OCTOBER 19 83 Fitness my hand and official seal. -'1- Notary Public, Denton County,'fexas NOTICE OF PUBLIC HEARiNGON CONTEMPLA',ED It F'.tt F ANNEXATION :F. B1 l ilr \n. 2un - PI 111,1( NOTICE IS HEREBY PAPER = GIVEN TO ALL INTER ESTEDPERSONSTHAT: The City of Denton, Texas, IN THE )1:tTTF:F{ OF THE proposes to Institute annexa tk%n proceedirgs to slier the boundary limits of said City to add the following dr -ribed territory to the cor- porate limits of the City of Denton, town: All chat certain tract or parcel of land lying ano being situated In the County of Denton, State of Texas and being part of Ine O. Brewster Survey, Abstract No. 56 and being more particularly de AFFIUAVITOF PUBLISHER TO Scrioed as follows: BEGINNING a' a pant in PUBLICATION OF LEGAL NOTICE the present city limits said point lying at the intersection of the west boundary line of the tract described in Ordi- nance No. 6940 with the Vile•e1111e• _dns Southeast corner of the tract described in Ordinance No- 80 S6, said point also lying S00 feet west of and perpendicu- lar to the centerline of I.H. 3SW t THENCE south " degrees 01'02" west along sold pres- enl city limits as established by Ordinance $940 End 500 feet west of and parallel with the centerllne of I.H. 35W, a distance of 1427.56 feet to a pant for a corner in the south bowWary of a tract described in Volume 725, Page 365 of the Deed Records of Denton County, Texas; THENCE north St degrees Rf . De•put% 31'W' west along the south boundary line of said tract a distance of 1200.37 feet to a point for a corner, same being the southwest corner of said tract; THENCE north 1 degrees 42' east along the west boundary line of said tract a distance of 1327.74 feet to a point !or a caner in the present city limits as established by or, disance No. 80 67; THENCE south It degrees 49' .Idst along the present city limits a distance of 1681.27 feet to the place of beginning end containing 43.9 acres of land, more cr less. A Public Hearing will be held by and before the City Cly,mil of the City of Denton, Texas on the ,ern day of Ocl"ber, 1913, at 7:00 o'clock P.M. in the City Councpt Chambers of fns Municipal Building of the City of Cen. foe. Texas, for all persons Interested In the above pro- posed annexation. At said time end place all such ptrsons shall have the right to appear and be heard. Of all said matters and things, all persons interested In the things and matters herein mentioned, wilt fake ml,ce. A Public Hearing will be held by and before the City Council of Its City of Denton, Texas, gn the 1st day of November, 1987, at 7:00 o'clock P.NL In the City %II 1a N'%\IS MR.' I UAL 13W )I\'G (OMPA\1' NOTICE OF CANCELLATION OF BOND BY SURETY ro_City Hall 215 East McKinney Denton, TX__ 76201 _ Merchants Bonding Company (Mutual) as Surety, hereby notifies you TX-336143 se [ember 21, 1985 - that its Bond No dated on or atwul___P__.. on behalf cf_- James Smith described as__Si_dep'_a_lk_. Bond is hereby canceled eflectrva __Thi rty_ (30) da} s from receipt o: this notice _ and that as said Surety It shall not be respansible thereunder for any acts or defaults commilted or loss occurring after said date Dated this 19th__day ol_October 1983 Merchants Bondins Com any iutua1 4 C. ti. S ry, Vice President CWS/cls cc: Quinby Self Insurance P.O. box 98 Denton, TX 76201 } James Smith P.O. Box 775 501 Crawford Street Denton, TX 76201 OCT 2 4 1aiS F P IN T11E MATTER OF CITY UHF DENTON CHARLOTTE ALLEN _ '1'IIE STATE OF TEXAS Rol, Apple!on, Jr. Coanty of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general eirc-ulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the dale of the allached notice, and that the said noti^e was published in said paper on the following dates: NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION Z-1613 124.80 312 lines OCTOBER 211 1983 21 OCTOBER 19 83 Subscribed and sworn m before me this day of Witness in, hand and official seal. _ y Notary Public, Denton County, Texas f OWTICE OF PVBLIC }IN,IiI HEARINGON' ICE Bill 1'I RLII CONTEMPLATED OtI I P 1Pt.R 2.1613 NOTICE IS HEREBY 1\TFII' MA TER OF THE GIVEN TO ALL INTER ESTED PERSONS THAT: Tt10 City of Denton, Texas, proposes to tnatitute annexa - tion proceedings ft after the boundary limits of said City f to add iha lolloWNq de; { scr'rtxd territory 10 1110 cot 1 potato limits of tho Cliy of Denton, to wit: All that certain tract or parcel d land lying and being situated in the County of Denfon, State of Texas and being part the J. Taft Sur AFFIDAVIT OF PUBLISHER TO fey Abstract N 1256, J. PUBLICATION OF LEGAL NOTICE While Survey, Abstract No. I433, D. Hough Survey. Abstract No .46,D, Lambert Survey, Abstract No. 781, M.E.P. L P.R.R. Survey, Abstract no. 950 and the 3. Filtvl the da.i Walker Survey, Abstract No. 1330 and more pariKularly described as foliows; . 19 BEGINNING at a point in the present city limits as established by Ordinance No. 65.47 Tract 11, said point also _ tying at the Intersection of the east right of way tine W Ma yhi ll Road with a pouf 750 feet northeast of and perper, dicular to the center tine of I. H. 35E; THENCE northwesterly along said present city - - limits. 750 feet nortleasterly of and parallel with the centerline of I.H. 35E an R~-- . Dr•puti, approximate distance of 56121 feet to a poinl for a corner in the present city .limits; THENCE nAih 1 degrees eY east along III* present city limits as eslablished by Or dirance No. 00 36 a distance of 917.4 feat to a corner said point lying 600 feet southeasterly of and perpen- dicular to the southeast right of way line of Loop 288; THENCE northeasterly a" the present city limits as established by Ordinance No. 65.43 Tract I, 600 feet southeasterly of and parallel with the east right of way line of Loop 218 to the east boundary line of the J. Taft Survey, AMI,act no. 1756 same being the west bound- ary line of the J. Cheek Survey, Abstract No. 324; THENCE south 0 degrees P, 02" ..vest along the present city limits as established by Ordinance No. 7256 a dis farce of 939.60 feet to a point for a corner, same being the southwest corner of the said J Cheek Survey; THENCE south tilt degrees 1135" east along said pres ent city limits, same being the south boundary line of the'said J. Cheek Survey, a distance of 601.2 teel to a point for a corner; THENCE north 19 degrees 16'20" east a" said lines a distance of 559,tt feet to a point for a corner: THENCE east along the present city Iitmis al established by Ordinance No. 1 111.e1 . A1.4- .,1 .n del. 06'20" west along the present city limits as established by Ordinance No. 1316 a dis lance of 1708.77 feet to apoint fora caner: THENCE south B8 degrees 15'15" east along said Ares em city limits a detaoce of 792.29 }eel to a point; THENCE south 07 degrea5 37'54' east along said Ares ent City limits a distance Of 131,02 left 10 a pant for a caner; THENCE south I degrees 41'09" W"l aloo9 Sa;6 Ares ent city limits P. distance of 541.96 feel to a pant for a caner; THENCE south BY degrees 11'36" east along said prey ent city limits a disfan~e of 2405.17 feet t0 a point for caner; THENCE south along the east line of a Tract conveyed to Bonnie E. Coonrod by deed recorded in Vilume 432, Page 194 of the Deed Records of Denton county, Texas. a distance of 1609 leet, more or less, to a point for a caner, same being the southeast caner of said Coonrod tract; THENCE west aloe2 the south boundary tine of said Coonrod tract a distance of 380 feet, more or less, to a point for a caner in the west boundaf y line of a nedh and south county road, known as Swisher Road; THENCE south along the west boundary time of said Swisher, Road a distance of 4166 feet. more or less, t0 a point to, a corner said point being III,, intersection of the west botndary line of said SwishCV,, Road with the north boundary line of an east and west c',unly road known as Pockr,A Road; THENCE west along the nor"e goutldary line of said Pockrus Road, a distance of bon feel; more or less, to a part for a corner in the present city lim:fs, As established by Ordinance ',0. 7B 39, Tract 11; THENCE nbrih 37 degrees 44'04' west abnm said pres- ent city limits a distance of 382.6 feet to a 02int for a corner; THENCE north 4 degrees 06'31" east along said pres- ent tits limits a distance of 395.01 het 10 a point for a caner; THENCE south 416 degrees 0W41" east ataq said pres- ent city limits a distance of 597.0! feet ?o a point for a c Xner; THENCE north 4 degrees W26" east along said prey ent city limits a distance of 1203.3 feet to a point to, caner; THENCE north 4 degrees 05.20" east along said pres- ant city limits a distance of 738.19 feet 10 a point for a correrl THENCE r/aih 4 degree: 34'57" east a" the present city limits as established by Ordinance W. 83-16. a dis lance of 774.69 'ae1 to a point for a Cory) rr1 .HENCit, #Nth BY deWees S' :,O" esu SWV sa!d ores ON cffv km!b 3 diistance of 71.94 het f0 a 001.,1 for a Corner: THENCE "ft Z depress 06' C>.1 storm lab pr"enr city IHt NCE 3AUm 47 Oegrees 57'70" east along said ores ent city timits a distartie of 71111 feet to a point for a corner; THENCE horlh 7 degr 2es 06' east along said present city limits a distance of 1'54.1 feet to a point for a corner; THENCE north U deyrees 29' west along said present city limits a distance of 0119.1 feet to a point for a corner; THEN--E south 2 degrees 25'30" west along said pres ent city limits a distance of 1140.6 feet to a point for a corner; j THENCE south 4 degrees 13' 4 4 44" west Along said r 'sent city limit; a dista,,.a of 719.12 feel to a point for a cornet; THENCE south 10 degrees 51'09" west along the present city limits as established by Ordnance No. 78 38 a dis- tance of 46.68 feel to a point for a corner; THENCE south 31 degrees 41' west along said present city limits a distance Of 66I feet to a point fora corner; TI.cNCE iPUfh 54 degrees 31'57' west along said V65- ent city limits a distance of 188 feet to a point for a corner; THENCE south Iii degrees 41'20" west along said pres- ent city limits a distance of 100 feet to a point for a caner; THENCE South 50 degree! 47'50" west along said pres ent City limits a distance of 198.49 feel to a point for a corner; THENCE south 36 degrees 39'30" west along said pres- Ont city limits a distame of 339.84 feet to a point for a caner; THENCE south 2,2 degrees 34'40" west along said pre& ent city limits a distance of 151.74 feet to a point for a corner; THENCE south 16 degrees 40' west along said present city limits a distance of 615 feet to the Place of beginning and containing 1125 acres of I and, more or less. A Public Hearing will be held by and before the City Council of the City of Denton. Texas on the l8th dcy of October, 1983, at 7:00 o'clock P.M. In the City Council Chambers of the Municipal Building of the City of Den- ton, Texas, for all persons interested in the above pro- posed annexation. At said time and place all such Persons shall have the right to appear and be heard. Of all said matters and things. all Persons interested in the things and matters herein menhOned, will take notice. A Public Hearing will be held by and before the City Council of the City Of Denton, Texas, on the 1st day of November, 1987, at 7:00 o'clock P.M. in the City Council Chambers of the Municipal Building of the City of Dentin, Texas, for all persons interested in the above Proposed annexation. At said time and place all Such persons shall have the I right to appear and be heard. CN all said matters and things, all persons interested I,\ TILE MATTEII OF CITY OF DENTON CHARLOTTE ALLEN 'I'1I E STATE OF TEXAS Noy Appleton, Jr. Count- of I rnlon being duly svwrn, says he is the General Manager of the Denton Record-Chronicle, a ne"spaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texns, preceding the date of the attached notice, and that the said ooti:e was published in said paper on the following dates: NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION 2-1613 124.80 312 lines OCTOBER 7, 1983 clay of OCTOBER 83 ` - Subscribed and sworn to before in(- this 7 «'itness in- hand and official seal. / y Notary ablic, Denton C-ounty, Texas t PUBLICNOTICES NOTICE OF PUBLIC I HEARINOON IIEll CONTEMPLATED ICE II1 Fil,• \n. - ANNEXATION Ise '10.1 Z•161) I PAILF,R NOTICE IS HEREBY GIVEN TO ALL INTER INt• 1 IIF: NIAT'TER OF THE E57ED PERSONS TH, T: The City of Denton, Texas, proposes Jo tnstltute anne■s Lion proceedings to oiler the tvundary limits of said City to add the following de. scribed territory to the con- porete limits of the City of Den ton, to vxtf: All that certain tract or Parcel of land lying and being situated In the County _ of Denton, State of Texas and bung part the J. Taft Sur. vey, Abstract No. 1756, J. AFFIVAVITOF PUBLISHER TO Whit! Survey, Abstract No. 1431, D. Hough Survey. PI;BUICATIOt OF LEGAL NOTICE Abst•acl No. 646, 0. Lambert Survey. Abstract No. 784, M.E.P. 6 P.R.R. Survey, ' htract no. 950 and the G. Walker Survey, Abstract No. Filr•al 1}lr o1a)' 1770 and more particularly described as follows: BEGINNING at a point in 19 the present city limits as establisfxd by Ordinance No. 63 43 Tract 11, said point aiso lying at the intersection of the east right of way line of Mayhitl Road with a point 750 feet northeast of and perpen- dicular to the center line of I.H. 75E; THENCE norlhweslerly along said present city limits, 750 feet northeasterly of and parallel with the centerline of I.H. 35E an epproximale distance of Bs , Dep-it% 5817.8 feet to a point for a - MW in the present city limits; THENCE nor7T11 Cegrees 12' east along the present city I limits as established by Or dinance No. 8038 a distance of 917.4 feet to a corner said point lying 600 feet southeasterly ef and pe, efi dicular to the southeast right of way line o1 Looo 288: THENCE northeatiteriy along the present city limits as established by Ordinance No. 6547 Tract 1, 600 feet southeasterly of and parallel with the east right of way fins of Loop 288 to the east f bomdary link of the J. Taft Fdrvey, Abstract no. 1756 same being the west bound I ary line of the J. Cheek Survey, Abstract No. 324; THENCE south o degrees 54' 02" west along the present city limits as established by Ordinance No. 77.56 a dis lance of 939.60 feel to a point for a corner, same being the southwest corner of the said J. Cheek Survey; THENCE south M degrees 1115" east along said pres- ent city limits, same being the south boundary fine of the said J. Cheek Survey, a distance of 601.2 feet 10 a point for a corner; THENCE north 89 degrees Iii east along said ;Ines a distance of 559.41 feet to a point for a coo ner; THENCE east along the present city limits as established by 0 0~nance No. 1194 a distance of 2080.56 feet, more or less. 10 a por It for a corner in the MayAill THENCE Math aione) said present city lim'.r, and the west bourxlary line of said Waiter Survey, a distance of 1728.4r feet to a point for a caner; THENCE east along said present city limits a distance of 1817.06 feet to a point for a Caner; THENCE south 1 degrees 09'20" west along the present city limits as established by Ordinance No. 6318 a dis tance of We.77 feet to a point for a caner. THENCE south 86 degrees 15'6' east along said pres- ent city limits a distance of 792.29 feel ?o a point; THENCE south 87 degrees 3714" east along said Ares ent city limits a distance of 831.02 fee! to a point for a corner; THENCE south 1 degrees 41'08^ west along Laid pres- e4.1 city limits a distance of V1.96 feel tc a point for a caner; THENCE south 87 degrees 1116" e.st along said pres ent city limits a distance of 2405.17 feet 10 a point for corner; THENCE south along the east tine of a hraCt conveyed to Bonnie E. Coonrod by deed recorded in Volume 432, Page 191 of the Deed Records of Denton county. Texas, a distance of 1608 feet, more or Itss, to a point for a saner, same being the southeast corner of said Coonrod Iract; THENCE west along the south boundary line of said Coonrod tract a distance of 380 feet, more or less, to a peiat for a corner in the wee boundary line of a north and south county road, known as Swisher fired; 1riENiE south along the west boundary lire of said Swisnar Road a distance of 4166 feet, more or less, to a point for a corner, said point being the Intersection of the west boundary line of said Swisher Road with fre north boundary line of an east and west county road known as Pock; m Road: THENCE west along the north boundary line of said Pockrus Road, a dista:ke of 4500 feet; more or Icss. to a point for a corner in the present city limits, as established by Ordinance No. 70 36. Tract I I; THENCE north 37 degrees 48'01" west along said Was. ent city limits a distance of 301.6 leer to a point for a corner; THENCE north I degrees 06'31" east aiong said pres- ent city limim a distance of 395.07 feet rd a point for a corner; THENCE south 83 degrees 09,41" east along said pres- ent city limits a distance of 597.01 feet to a point for a 'ornery THENCE nor* t degrees V24" east along said prcr e;i city Ilmffs a distance of 1203.3 fact to a point for a corned r THENCE north / 64KW as os'20" east along card Pres- ent city limits a distance Of 734.19 feet to a PWMII for a caner; THENCE north 4 degrees caner; THENCE north 4 degrees 02'26" east slag sold pres ent city limits a distance of 1703.7 feel to s point fOr a corners THENCE north 4 degrees JS'20" east along sald pres- ent citY limits a distance Of 7!8.19 feet to a PD corner: THENCE north 4 degrees 34'57" east along the Present City limits as established by Ordinance No. 8316, a dis- tance of 735.64 feet to a Mint for a caner; THENCE south 87 degrees 5710" east along Said Pres ens city limits a distance of 21.94 feel to a point coo ner; T HENCE north 2 degrees 06 east along said present cit eel t a distance t for acorne ; feel to + PO' THENCE north 88 degree} 29' west along said prese city limits a disnCO r 14891 feet to a Point 'or corner; rh 2 degre THENCE sou 25'30" west along said Pre ent city limits a distance 1140.8 feel to a Point for e corner; THENCE south 4 degreeS 1 44" west along said present city limits a distance OF 719.12 feet 10 a Point IW t, corner; I THENCE South 10 degrees 51'09" west along the for Wit city limas as established by Ordinance No. 76 38 a di}' lance of AS 68 feet to a Point for a corner; THENCE south 31 del"" s 41' west along said present ~i city limits as fte Of 66 feet to a po' fora THENCE south S4 degrees 31'30" west along said pre{ ent city limits a distance of 88 feet to a point for a corn!!; THENCE south 71 degfe4s 41'20" west along said pres. ent city limits a distance of 10D feet to a point for a corw; THENCE South 50 degrees 47130" west along said pres mt city limits a distance Of 198.49 feet to a poitn for a' corner; THENCE south 36 degrees 39'30" west along Said preS- enf city limits a distance of 339.84 feet to a point for a corner; THENCE south 22 degrees 34 W west along said pres t city limits a distance of 131.74 feet to a Point for a corner; THENCE south 16 degrees 40' west along said present City limits a distance of 615 tee! to the 1,lace of beginning and containing 1125 acres of land, more or less. A Public Hearing will beheld by and before the City Council of the City fA Denton. Texas on the 18th day of October, 1913. at 1:00 o'clock P.M. in t" City council Chambers of the Municipal Building of the City of Den- ton, Texas, for all persons interested In the above pro- Posed annexation. At said time and place all such k persons shall have the right k to appear and be heard. Ofj all said matters and thinr- all persons Interested in the things- and matter$ herein msnriened. will take notice. 7S'30" west along said pre MI city limits a distance 1140,8 feet l0 a point for a corner; r THENCE south 4 degrees If 44" west along said present City limits a distance of 719,17 feel to a point for caner; THENCE south 10 degrees 51'09" west along the present city limits as established by Ordinance No. 7138 a dil- lance of 46 63 fee} to a point for a corner; THENCE south 31 degreP,s 41' west along said present city limits a di_I slice 01 66 feet to a point fora :orner; t THENCE south Sr degre~ 31'30" we11 along said pre ant city limits a distance of 8a feet to a point for 'a Corner; THENCE souttl 71 degrees 11'70" west along said prey ent city limits a dicta" of 100 feel to a point for a corner; THENCE South 50 degrees 47'50" west along Said p es ells city limits a distance of 198,49 feet to a point for a corner; THENCE South 36 degrees 39'30" west along said Ares en' City limits a distance of 339.04 feel to a point for a corner; THENCE south 71 degrees 34'40" west along said prey nt city limits a distance of 131.74 feet to a point for a corner; THENCE south 16 degrees 40' west along said present ity limits a distance Of 615 feet to the place of beginning and containing II7S acres of land, more Or less. A public Hearing will be held by and before the City Council of the City Of Denton, Texas on the ISM day of toper, 1933, at 7;00 O'cfock P.M. In the City Council Chambers of the Municipal Building of the City of Den. ton, Texas, for all persons interested in the above pro posed annexation. At said time and place all such persons shall have the r ght to appear and be heard. Of all said matters and things, all Persons interested In the !Rings and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of One City of Denton, Texas, On the tst day of November, 19q, at 1;00 o'clock P.M. In the City Council Chambers of the Municipal Building of the City M Denton, TeaaC, fa all Persons Interested In the above proposed annexation. At Said time and piece all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested In the Things and mailers herein menlW*d, will fake notice. P ichard 0. Stewart City of Dente ATTEST: toM1Texas Charlotte Al len City Secretary OCTOBER 7,1983 NGCA Statement LONE STAR GAS COMPANY - TRANSMISSION DIVISION STATEMENT OF GAS COST ADJUSTMENT AND CITY GATE RATE* EFFECTIVE NOVEMBER, 1983 IN ACCORDANCE WITH ORDER OF TEXAS RAILROAD COMMISSION UNDER DOCKET NO. GUD-3543 Line Mcf Amount Amt./Mcf 1 Estimated Cas Purchases 40 186 000 $146 937 000 $ 3.6564 2 Plus Estimated Withdrawal From Storage 550 000 1 766 000 3.2109 3 Less Estimated Injection Into Storage 4 196 000 15 685 000 3.7381 4 Estimated Net Gas Received Into System 36 540 000 $133 018 000 3.6403 5 Ratio Volume Sold To Volume Received t .9754 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) 3.7321 7 Plus Gas Cost Correction Factor (MGCCF) Based On September, 1983 .0260 8 Less Base Cost Of Gas Included In Base Rate 3.5195 9 Less Extracted Products Revenue Adjustment (MEPRA) Based On September, 1983 .1697 10 Plus Base Extracted Products Revenue Per Mcf .0890 11 Plus Out-of-Period Adjustment Per Ilef (MOPA) Based On September, 1983 .0174 12 Subtotal .1753 13 State Utility Tax Recovery Factor X 1.0025 14 Gas Cost Adjustment (MCCA) .1757 15 Plus Base City Cate Rate 4.0200 16 Regular City Gate Rate 4.1957 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge .0000 18 City Gate Rate $ 4.1957 *Intracompany charge to the Company's distribution divisions for sale to residential and commercial customers and for distribution company-used and unaccounted-for g<s. 4 Ic3 CC-215. EASEME lw Kf,rtln statlorwv Co., oauas VCL f tvp-oaim THE STATE OF TEXAS, KNOW ALL NfEN BY THESE PRESENTS: COUNTY OF t REU PROPERTY RECORDS THAT Wayne Smith and [ nald F. Pearson 46728 of DENTON COUNTY, TEXAS in consideration of the sum of One dollar ($1.00) and no cents------------------- and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas the free and uninterrupted ure, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the Wm, Crenshaw Survey, Abstract No. ~1 3 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 W. Crenshaw survey, Abst. No. 318, and being part of Lot No. 6, Block 1, of the Sauls Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Ola S. Tainter, etal to Wayne Smith and Donald F. Pearson by deed dated March 14, 1983 and recorded in Volume 1215, Page 141 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the Southeast corner of Lot 6, which is the Southwest corner of Lot 1, Block One of the Sauls Addition on the North boundary line of Roberts Street; THENCE S. 87023' 40" W. with the North boundary line of Roberts Street a distance of 6.0 feet to an iron pin; THENCE N. 20 05' 36" W. a distance of 301.03 feet to an iron pin on the North boundary line of Lot 6; THENCE N. 870 48' E. with the North boundary line of Lot 6 a distance of 6.0 feet to an iron pin; THENCE S. 20 05' 36" E. a distance of 300.99 feet to the Point of Beginning, and containing 0.0415 acre of land. And it is furtheragreed that the said City of Denton, Texas in consideration ?4tAe jwefits above set out, will remove fro,n the property above described, such fences, building ! s as may now be found upon said property. J, Forthepurpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities owAVE AND TO 110LD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hands this the 19 day Octoter A.D. 19 83 DONALD F. P RS N ACKNOWLEDGMENT THE STATE OF TEXAS, va 1Z PAGE169 COUNTY OF Denton BEFORE ME, the undersign authority, on this day personally appeared Wayne Sml th known to me to be the person whose name 1 S subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER 3[1' SAND AND SEAL OF OFFICE:. This day of b,, A. D. 19,9 3 J n 1Z ,Notary Public, in and for the State of Texas. My Commission Expires L .1!4 .tZit.... ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF Denton BEFORE ME, the undersigned authority, on this day personally appeared Donald. Pearson known to me to be the person whose name T S subscribed to the foregoing instrument, and acknowledged to me that xecuted the same for the purposes and consideration therein expressed. 5 ` e AND SEAL OF OFFICE, This V l~ day of. lk yL 0.Y A.D. 19.&.5 . Nota~y Fublic, in and for the State of Texas. My Commission Expires !A CORPORATION ACKNOIVLEDGNIENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF. on this day peracnalIy appeared _ _ . _ known to me to be the person and officer whose name Is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said . - - a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _.day A.D. 19....-_. (L.S.) Notary Public, in and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, , _ County COUNTY OF _ _ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of _ . . A. D. 19. , with its Certificate of Authentication, was filed for ~ record in my office on the. day of... rart VF TEXAS CoupIff " D. 19. , _ ULNI~iloek. M., and duly OfthTv AtRR Oenton Cout Texas recorded this _ day of .......6hareby ceAily Ih&IRs l4trumcnt Mcd on (Ptflock M., in the RecoA 84 ~f61d~81IAl1P,r{tpt1R11ittl~~Q.was Cub rt on pages Corded in the volun a o A'aa d re mrd records WITNESS MY HAND AND SEAL OF THE COUNTYolQ~xl}{i `1~E~bd% me....... _ the day and year last db~vlce,~Uttr¢lyv3 e.r r, e j ~ti x.77_ . ~t.~y..tt~} o t`p f MaA, County, Texas. (L. S.) 0 . . .(....t.'~iGi Deputy. rO)NTY CLERK. Denton Couny,Tsw o y a E• d Q x~ A ~ T A C C. 7 7 d \ l~ p 3 ro A U 6 a c; s ali o 03 4J: W en' t` c! w 1 U d 3 c ro? ° WR eo nn c r C$ ♦ 3'r °i E. 1 x ~ ~ w r or ~U U aT L~` i Fo U i ! CITY OF DENTOP! r r MEMORANDUM ON ACCOUNTING k6CE6IInm 1NTEANAL CONTROI. AND OTHER MATTERS t • OCTOBER 1983 d S i 'IF AR7'31UR t1TIDSFN~~c:CYi y AnTiiui2 ANDERSEN & CU. D.-,t,t.AS, TEXAS October 17, 1983 To the Honorable Mayor, City Council and City Manager City of Denton, Texas: The accompanying memorandum includes suggestions for improvement of accounting procedures and internal accounting control measures that came to our attention as a result of our preliminary work performed in connection with the examination of the financial statements of the City of Denton, Texas, for the year ended September 30, 1983. In accordance with generally accepted auditing standards, we performed a study and evaluation of the existing system of internal accounting control for the purpose of providing a basis for reliance thereon in determining the nature, timing and extent of the audit tests to be applied in connection with our examination of the City's 1963 financial statements. While certain matters tha' came to our attention during the study are presented in the accompanying memorandum for the consideration of management, the study was not designed for the purpose of making detailed recommendations and would not necessarily disclose all weaknesses in the existing system. Accordingly, we do not express :n opinion on the system of internal accounting control of the City of Denton. However, our study did not disclose any condition that we believe to be a material weakness. The accompanying memorandum includes certain comments and suggestions with respect to other financial and administrative matters which came to our attention during the course of our preliminary work. These matters are offered as constructive suggestions for the consideration of management as part of the ongoing process of modifying and improving accounting control and other financial and administrative procedures. This memorandum incorporates the recommendations from the various special studies which we performed, which included reviews of the Finance Department, fixed asset records, PURPA reporting, motor pool, and yearend closing procedures. We would like to express our appreciation to the Ciry Manager, the various department heads and their staffs for their cooperation and assistance during the course of our preliminary work. Very truly yours, G , 1 TABLE OF CONTENTS r Page OVERALL MANAGEMENT CONTROLS 3 EDP SYSTEMS, CONTROLS AND RELATED MATTERS 5 F f FI%ED ASSET RECORDS b UTILITY MATTERS 7 INTERNAL CONTROL MATTERS 8 1 OTHER MATTERS ]O STATUS OF PRIOR YEAR RECOMMENDATIONS 12 I f -2- f a n n x c 0 0 o act S n m C r 7 G C b n O' n n 3 m r• a c R O' V r n n 9 33 Y n y S O m rn R O n Y•Y. 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S G. n r• N n r• c o m a w a re c n n o n N n m a m ro m N m r,^ m o W o x. r , r.' y m w 0 o m od n a a o n o w < A a m Q o m B, M 7 v ova n+ nac m ...r A W m w N n n r. r• O 'o oa c 4 A p n~.no m 9p c o r• m r• o n e c W M n n W > c K Y. n K O N V N r• N m n n r• S m r. n p, O ^Gl Y C 00 ^ S ~'~e a mac c n a I V I I 9 g < O v m x m O r9 r A N 7 M n m r•c.n a ^ m o m m m n a m a m c. K a o c N n ^ o N n o W c r• e o u < m n rT r• M W n r. m W a v c c > 6 M M ip y 6 n 3 B I 9 m r' A n .A. c d M Fes, A v+ w= CL n Pi =r E ^ m W. pj O 7 n Q. wn O 0, d A K .mq y m 0 M n .C 7 .a m rwt O Y• m m 'C C O n N •n1 6 77 n A 6 n 3 0 < c 0 n a m 6 ~ ~ I^ ° n n z r. ( C n it r. a - n n M C M 7 C n n m M O ra r•< M3 6 n rt cr 6 O O ,y r. ' n A r• OQ n O M m O, r r 0 n O M " n < It C 'b m r O O Cw 2 r n ~ ^ w l7 n m r• a n O y O O v • Vii n 7 C 9 H m n N O m W. ` m 6 n ° n A T tiA ~a 00 -o e n A A n n O A '0 ~ ~ n A 7 O r• w n CL a' n fo v• ^ N. n o ~ m A n m m,", x? c A 6 s r' B n o n ft o ry m x 6 0 0 0 0 6 W, r A n, M A H r• rt ~ w m O r n rho A m M 7 A H n M M • n m A r. w Am ~ ~ K' H n Y w n o m U yy ~ o -j O N n Htn x ~ It r.n r•n O m El C O m A n m C ~Y• w O r' w O W y x n m n A n h w C 7 m C C 9 N 7 C 0< m [ A r• m n r• A n 00 n O A 0 6 7 0. '1 w n cr O 1 r- Y- H r• n m C C n C rt 0 n O n r• n w r•v a O q m m ° A m m A v m< n 7 r. O c w w r w w~ y r• r• N C r ^ ^ n n A 6 A `•OC Oa n 9.1 A a 6 R' A w 00 A 6 r, A p m m Q n n n ^ 2 n M O ID -0 0 lu CL k.4 00 o a w n O r• o 0 0 6 A< r. m n r, 04 n w M ~ A Y. F+ Q m o W n 0.A n m 7 v 7 m n 0. m 10 --1 C K n n m m n O m r. n M O m 1 A n r mA M m `n5 M '1 O Y• m n M m 6 M A C Od r. A tn+ W r• 0 O m n B p~p M r P. f O 6 m n n n rd r. m A 6 A Y• 0.A A r-+ C A A m n n n r• n '1 n rno 7 n w n A Oc n n w n r• D m m Y• n o n ~ n n C 0. m O m n 0 r• O n r• m W. n m r• w O, r• 7 O D A n m w n O O C D N n < n 6 m w n< r~ 9 0 A n r A r,a A A A n A n o w 0 ti n w A m 0 0 0 n 0 c Q O w n M< n m m m ~ C L n m n ^ n 7 0 7 M•0 Mr• T r. 0< n n n M O A r' 7 0 0 n A mr A O n M n f ' ~'w (4at1 t TEXAS BINGO OPERATOR'S QUARTERLY REPORT ,Please read lnstrvctionscarthdly .TYPE OR PRINT a WRITE ONLY IN WHITE AREAS Reporting quarter 1. Bingo Ilcanw numbs 3-000119786-9-41001 Ej -lit lion. •Mar.) EA .3rdlJuf.-Sept.) ❑ -2nd (Apr. • June) C7 -4th (Oct. • Dec.) a. Organization name and mailing address SPECIAL NOTE Vfw Post 2205 You n uet send copies of Ibis report _ sC„T.0. BOX 628 and necesswy scheduler to the l~ Denton 76201 76201 appropriate aovernhy body and to the ofA'e of the Attorrwr cenerat (See brtrue None on raceme aide) GROSS RECEIPTS 5. Sale of bingo cards _ 5. d 6. Sale of bingo supplies 8. 7. Sale of food and beverages 7. G . O 8. Gross rent from other bingo licensees- _ - _ - _ _ _ _ - 8. 9. Other - _ _ _ _ _ 9• 10. TOTAL GROSS RECEIPTS(Total ofItems 5-9)--,-_ i0• EXPENSES (Attach "Texas Schedule of Bingo Expenses", Form 19-102) -061 11. Salaries and wages paid to bingo personnel _ _ _ _ _ _ _ _ _ 11. O6, C 1 12. Rent or mortgage payments _ _ _ - - - _ C'lp 0 y r 13. Bingo supplies and equipment purchased _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ - - _ 13• 71~g 3 14. 14. Food and beverages purchased for sale at bingo games Merchandise purchased for bingo prizes 15. 15, 16. Other bingo related expenses -_---_---________________16. 17. TOTAL EXPENSES (Must be the same as Item 9 on Form 19.102) - _ _ _ 7' _ _ _ _ _ 17• ~D O ~f G r 3 l ' G d 18. CASH PRIZES AWARDED (From Item 10 on "Texas Schedule of Bingo Prizes, Form 19.103) - 18. o~ 60,5 19. NET PROCEEDS (Item 10 minus Item 17and Item 18)_ - - - _ 19' ENTER THE NUMBER OF PAGES OF EACH SCHEDULE INCLUDED WITH THIS REPORT ,20. "Texas Schedule of Bingo Expenses", Form 19.102 - - - - - _ _ _ _ - _ _ number of pages attached '21. "Texas Schedule of Bingo Prizes", Form 19.103 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ number of pages attached `-1-- 22. 'Texas Schedule of Distribution of Bingo Proceeds', Form 19.104 _ - _ _ _ - - number of pages attached I declare that the Information in this document and all attachments it true and correct to the test of my knowledge and bellef and I certify that copies hove been sent to the appropriate governStg body and to the Texas Attorney General. Name of authorized agent please print) Title n/ t.S C, Z4)a,, 7 e,o,rJS ~iRJ p Cbe. r t/jGL C`lt'i//Z NAG-N sign Authorized agent hone number Date here ~f 4 , /7.387• ;LOS a.5 3 Complete this report and all HOB BULLOCK required schedules and mail to: COMPTROLLER OF PUBLIC ACCOUNTS Capitol Station Austin, Texas 78774 sg-sot I4 a 21 L Do not write In the space above TEXAS SCHEDULE OF BINGO EXPENSES To be filed with the Texas Bingo Operator's Quarterly Report (Form 19-101) Page y of 1, 8fngo license number 2. Reporting quarter 7. 3 -6001157kG -5- ~/ac / ~J/, • 54~-f. / 9 83~ 4. Name of orgenltatlon 1 a 1 Please read instructions V ~ ` ' Gu • PG S / I on the reverse side List each item of bingo related expense paid during the reporting quarter and provide the information requested. Group the expenses into the six categories that correspond with the items of expense listed in the "Texas Bingo Operatofs Quarterly Report" (Item numbers specified). Total each category • Salaries and wages paid for bingo personnel ittem 11) a Rent or mortgage payments (Item 12) • Bingo supplies and equipment purchased (Item 131 . Food and beverages purchased for sate at bingo games (Item 14) a Merchandise purchased for bingo prizes Iltem 15) • Other bingo related expenses Iltem 161 DO NOT INCLUDE BINGO PF117ES AWARDED (cash or me-chandiie) 09 CONTRIBUTIONS FOR CHARITABLE PURPOSES: NOTE: The total or all expenses Puled In this schedule must equal the amount reported in Item 17 or the quarterly report Use additional schedule pace If necrsrary. BATE OF PAYMENT 6. AMOUNT 7. NAME AND ADDRESS OF PAYEE B. DESCRIPTION OF ITEM OF EXPENSE q - OR SERVICE RENDERED O /rl v1S (L, All 4c or w /a'r. ~ir;•/~:. - ~j •~/.I-p elr/Y, I~ /i J 7 C e.//: /F,• 11 . `J'I ~3 ~eb• Al. G Irk 7r,%r. ~7/fl 'A 7LZ(/ el -e_/ /OG. D O or _j I-e) l..- 711 7'e`et.l,~} - rn~• _ /J~F~f ll• rrl^, r_ /:i/~n~ i _f -Jr AfC e, rL e. er. e ! ! Ill ? 9:, ^ r ~ ,/r:-~n,~ L'~ z~ JI ~ ~ LZ~ 9 w:r C r~ / r w7 Z a7 GGIy. N< ^~e-C, 'C l1cc.,4f-- w n/ .s 30 //,j.~.OO ; /1 ixi 1D S7Ja te~j.f~S' ~rT S~ er 1 tta_OD- ~ fL ' ? ✓C^ jr rr n.ti1 _ 7; v. 712 7 1 7 /./Q ^ r./3,~: /t} y (tart1617 'e 4.1 4e, s A'Ar. &V rti '2 !1Jc2,11. 1Jn. -fie , *2 r J / J Q ~ 7 57' r /r, A r n L~7 37 12 i/'•$14' r.5 7I n.1 ytr•.~rt ~rl i' J/.1! i.-A el L7 y4; ' 7/!l (`il:c /Cel1:r -,'7l~r~r~l~,!~.•J~ ~ J/ . e 2 rjT TOTAL OF @. ~ ry Combine the total of Item 9 on all expense schedule pages and enter the combined total THIS PAGE / in Item 17 of the Bingo Operator's Quarterly Report 19.1 '•;r' ~ 14a2) ) L 00 not write In the apace above TEXAS SCHEDULE OF BINGO EXPENSES To be filed with the Texas Bingo Operator's Quarterly Report (Form 19-101) Page PZ -of 't.?. 1. Bingo license number 2. R port; nQ Quarter 67U 2 Name of of ganlsatlon ~ Please read instructions f~ It,, ' 'a0s s~ 07.2 0--5 on the reverse side List each item of bingo related expense paid during the reporting quarter and provide the information requested. Group the expenses into the ax categories that correspond with the items of expense listed in the "Texas Bingo Operator's Quarterly Report" (Item numbers specified;. Total each category . Salaries and wages paid for bingo personnel (Item 11) . Rent or mortgage payments (Item 121 a Bingo supplies end equipment purchased (item 13) • Food and beverages purchased for sale at bingo games (Item 141 a merchandise purchased for bingo prizes (item 15) • Other bingo related expenses (item 16) DO NOT INCLUDE BINGO PRIZES AWARDED (cash or merchandise) OR CONTRIBUTIONS FOR CHAS ITABLEPURPOSES NOTE: The (oral or otl expenses lsted in thLe schedule must equal tht amount reported In Item 17 of the quarterly mport Vie additional schedule pages it necusary. DATE OF PAYMENT 6. AMOUNT 7' NAME AND ADDRESS OF PAYEE B. DESCRIPTION OF ITEM OF EXPENSE //ff ~t OR SERVICE RENDERED / C e,. Y /-O ! 6-d ley, •I_re t r rfc. - ~e 7 eRd ),l 7e, v > *1 r T. Q ./hf 1 Ct s i r: f Ss - C.V ~I tC 'r e r / 7e., W J C;V. %-V ~~r, ihr f r, r 1 /C 0> Je•.fr~ lr r h= ~i_/~ r' pie ~1 ♦ .i ~~r. ~1p ~ r rnr. /T.0/ 71 ^A j C1i.t UK/ri Q•, ~ne rs t ,ice ~7f~; ~ -iz > X 1 4. i,r / P.^ / n/1 •rn 2121 f- LZ11 ✓e17/s1/,',/•%.~~: C:qf. I~rtw r/r ?1~Y c'! /e. t ?nI l Ct'../r Sn• J J~.. __r , r -~e.ea „i 1 w / 1Fr.i J „~,J , R iGf .~QJrV1•C<,r 7 7 c n _t u n a i r pS~i,~ lJi, fy'1'7K l 9 ,T (/y r' •o t /t_~SS Xi 'ten d~ ct/n ~ iii ,'rx~•. .t'...~-t.v~iJ.7!1:1 TOTAL OF !'d5G•~ / Combine the total of item 9 on all expense schedule plges and enter the combined total THIS PAGE T in item 17 of the Bingo Operator's Quarterly Report. .'{f 19.10 7 (4621 L Do not write In the space above TEXAS SCHEDULE OF BINGO PRIZES To be filad with the Texas Bingo Operator's Quarterly Report (Form 19-101) Page/ -of-/ 1, Bingo licenw number 2. R porting quvnr I I 3 -6640// 9784 - 9-Yiaa~ !y -5d-)7A 19,?3 a. None of rorganizationn Please read in struolions Y ~tl/ Paz r C~.; in on thereverseside List each occasion on which bingo games were conducted during the reporting quarter and provide the information requested. PRIZES AWARDED FOR EACH OCCASION (cash and merchandise) CANNOT EXCEED $2,500. 00 NOT INCLUDE ANY OTHER EXPENSES OR CONTRIBUTIONS FOR CHARITABLE PURPOSES. A'OTE: The total of all cash prizes awarded listed in this schedule (Item 10) must equal the amount reported in Item 18 of the quarterly report. Use additional schedule pages if necessary. 5. DATE OF 6' NUMBER OF GAMES PRIZES AWARDED BINGO NO, OF 7, 8. 9. 10. 11, 12. 13. TOTAL OCCASION PLAYERS REGULAR SPECIAL TOTAL CASH PURCHASED DONATED ICosel (Reau value) PRIZ S t 1 1~-93 c1 3 F.7 75. On X5- Oy 66 9 -g3 r /C-_c~ - - roll 9, 6's 10 T C_G_cc_ ' 12 3 L/ Y , ,~-r'jf--- - - X 4 1 1 15 _ - 16 as F 17 19 56 T) 20 22 ~2 O?!7. 23 r•lt1-St ~j` CC 24 25 4 0- 26 27 I 5 28 - - - - - 29 - - - - 30 31 - - - 32 - - - 33 - 34 35 - - - 36 - - 37 38 - - - 39 6.r ^ 7. 8 9 '0 If. 12, TOTALS 7 a3 , a ~e~ 5aa 7 6.6 _ 50•66 Combine the total of Item 10 on alt bingo Prize schedule pages and enter the combined total in Item 18 of the Bingo Operators Quarterly Report. 1?t04 - tr laasl L Do not wrlU In the apace above TEXAS SCHEDULE OF DISTRIBUTION OF BINGO PROCEEDS / To be filed with the Texas Bingo Operator's Quarterly Report (Form 19-101)r Page of 1 , Bingo Iicenw numbs F. Iporting quarter 3-4Cg~ / 97&-oF-Y/a a Jv/~- 5y~f. i98.~ _ e. Name of organization Please read instructions on the reverse side. List each distribution of net proceeds made during the reporting quarter and provide the information requested. ALL NET PRO- CEEDS MUST BE USED ONLY FOR "CHARITABLE PURPOSES" OF THE ORGANIZATION WITHIN THE STATE OF TEXAS. Proceeds may not be used to support or oppose a candidate(s) for public office or any measure that is submitted for a public vote. Use additional schedule pages if necessary. 5• DATE OF W.- AMOUNT 7 DISTRIBUTION NAME AND ADDRESS OF PAYEF PURPOSE OR USE OF PROCEEDS t~ C+.CD - ~1..GiL7_'r/~~~~f-~~~/ggg~£~± ~i~ ~f~r^ {7•Cvid i5t. - Ct+ r r•/ FL_ K G • r✓i2 ~~I c. r ~ rn' `.7 1 a ~~G r ~ ~Ll y 5r ir.~ 1- ~n r.fJ ~..~P~ ~1 ~ ~ ~ - • pct. a'~ -1 r ~ r _t C C . d G_~'1i e i• = 11 t TOTAL OF THIS PAGE 8, ^ Q,~ ~~T Enter the comb7ned total of Item 9 on all scheJule pages in item 13 below. .:6 / UNDISTRIBUTED NET PROCEEDS 10. Net proceeds on hand beginning of this quarter ,t lFrom Item 14 on previous quarter's schedule) • • • • • - 7, 11. Net Proceeds earned during this quarter /From Item 19 on this quarterly report) . .~aj e Sa 12. NET PROCEEDS AVAILABLE flrem to plus Item 11) .1 13. Net proceeds distributed during this quarter ~ 6 Q D (From Item 9 above on this schedule) . . . . . . . . • - 14, NET PROCEEDS UNDISTRIBUTED AT END OF THIS QUARTER 5ab / a C~ (Item 12 minus Item 13) . . . . . . . . . S--- -is--[- NO. 123- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, "CITY" RELATING TO THE TERMINATION OF THE EXISTING GAS FUEL CONTRACTS UNDER THE TERMS OF WHICH THE CITY PURCHASES GAS FOR ITS GENERATING PLANTS AND AUTHORIZING EXECUTION OF A NEW GAS A FUEL CONTRACT AND A GAS TRANSFER AGREEMENT AND DECLARING AN EMERGENCY. _f WHEREAS, the City purchases gas to fuel its generating plants t from Lone Star Gas Company ("Lone Star") under a contract dated November 7, 1977, and amendments thereto; and WHEREAS, in order to secure a longer term and more flexible gas supply contract it is in the best interest of the City to terminate its existing contract with Lone Star Gas Company and to enter a new gas purchase agreement with Lone Star Gas Company; NOW, THr;REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. 's That all of the recitals and preambles hereinabove stated a are found to be true and correct. SECTION II. That the attached agreement between the City of Denton and Lone Star Gas Company styled "Gas Sales Contract" be and is hereby approved and the Mayor of the City of Denton be and is hereby authorized to execute multiple original copies of said agreement in substantially the attached form and deliver the same to the parties thereto, for, on behalf of and in the name of the City, the act and deed of the City and its governing body. :i SECTION III. That '.t is officially found and detec.ained that this meeting of the City Council is open to the public as required by law and the public notice of the time, place and purpose of said meeting wis given as required by law. r' r PAGE 1 , 7l'p~`y 9 11: nr"4. i"N k Z~Lk ~V ~A-A a • 1 r 1 7i 'T} M SECTION IV. That the public importance of this measure and the fact that ( it is to the best interest of the City to approve the afore- mentioned agreements and the execution thereof at the earliest possible time in order to secure a longer term and more flexible supply of gas, constitutes and creates an emergency and urgent public necessity requiring that this ordinance take effect and ' be in full force from and after its passage, and it is so ~ •dained. PASSED AND APPROVED by thr% City Council of the City of Denton, Texas, this the day of 1983. r 4 I HA D 0 S T E W A , MAYO CI OF D NTON, TEXAS 4 4 ATTEST: ;CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 1 1 5 4 APPROVED AS TO LEGAL FORM: a r~ C.J. TAYLOR, JR., CITY ATTORNEY ^ CITY OF DENTON, TEXAS f _ BY: i r t g Y PAGE 2 ,7 a ~,~tr, f 'r MaZ ~i'. ` 'ire r.~~' T'°a: 1i"t ~•L. d.T• 71~d~f )'.'^,,j ,~,t41 r) ~..~w~w~~,w•~rAr INDEPENDENT CONSULTANT'S AGREEMENT d THE STATE OF TEXAS e. COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: ) ;i The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City," acting herein by and through its City Manager, and Catherine F. Conrady, hereinafter called Consultant, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Con- sultant to perform the hereinafter designated services and Consultant agrees to perform the following services: A. Develop an interior space plan for the former Police section of the Municipal Building; and B. Develop specifications and prepare bid documents for furnishings and office accessories. 2. COMPENSATION TO BE PAID CONSULTANT: City agrees to pay Consultant for the services performed hereunder as follows: A. A sum not to exceed Three Thousand ($3,000.00) and no/100ths Dollars. B. Dates of Payments: By monthly invoice. 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood and agreed by and between City and Consultant that f Consultant is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Tex-.s, for the purposes of income tax, withholding, social security `t taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Consultant or any employee of Consultant, but it is <o expressly understood that Consultant shall perform the services hereunder at the direction of anJ to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Consultant under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. PAGE ONE J . r r r r ~`Y• n1~ i",`'~ t~ 'tom X+~s r z; / ^4 r ZME ♦ v sY f pI a y. y+ r It S l 4 . ~d 1..;r(.,#+ )L:'xi`~ 4`'~ d 4 .lee . t 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Consultant the following services and/or supplies: r! A. None. 6. INSURANCE: Consultant shall provide at her own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of her business. 7. CANCELLATION: City reserves the right to cancel this ' Agreement at any time by giving Contractor fourteen (14) days i; written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of November, 1D83, and end on the 3rd day of April, 1984. t EXECUTED this the day of L - c j 1983. CITY OF DENTON, TEXAS i BY: 6' TY NAGER ATTEST: J A/ & L , CITY TAY APPROVED AS TO LEGAL FORM 3ra C. J. TAYLOR, JR., CITY ATTORNEY BY: CONSULTANT 1 BY: j-1 Cathine F. Conrady Associate Member, ASID 1 That is hereby designated as the person to administer the provision of this agreement. 's DATS~~ ~ % C TY MA AGERt PAGE TWO 4 ~~Y~l '~:.1 i 1 r~ 1 ii . J Syr ~ u±p1 1~'I A ~j6. l~~~yr ♦1 .(~~y1~ CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the microphatographs appearing on this Film-Fite ka+Mng with OCTOBER 1983 and lnding with OCTOBER 1983 are accurate and complete reproductions of the records of (Compa iy and Dept.) CITY OF OENTON - CITY SECRETARY _as delivered ins the regular course of business for photographing. h Is further certiud that the microphotogrophic processes were accomplished in a manner and on Alm which meets with requirements of the National Bureau of Standards fee pormanent microphologrop;iic copy. XV, Do% p oducociJAll' o-OCCOrda COmp}fy JWMt TECHNOLOGY AT(WQPK C MM Orrwr PI.ACEj y10 yA1j.pnrk BQw State Arlington, Texas 76010