Loading...
HomeMy WebLinkAbout09-1984 Speed Letter, ro Charlott.~ Allen Fl,~,,,.~eane~re Scott _ Sri biecI Quit ~l_aim Djaed_ (1 v cLf Denton rnsWU pt- al ME SSA;,E Attached is a copy of the above refe,enced for filing in_the official records. The original has been forwarded to Clovis Morrison, Jr. xc: Roger Wilkinson Date 10/8r s coed REPLY 1i ,C FUL0 Dale S gncd Wilson Junes Company PEGPIENT- RETAIN vPHITE COPY, RETURN PINK COPY ' .IIRM{ •'brMi. •1. 691 THE STATE OF TEXAS, I ~ y ` ` m,, COUNTY OF DENTON j Odd' ALL MEN BY THESE PRESENTS: IJ 'i That The City of Denton, a Municipal Corporation 452'71 of the County of Denton and State of Texas , for and in consideration of the sum of ---------------------------TEN AND NO/100 (510.00)------------------------ DOLLARS, and other good and valuable consideration to it in b-od paid by Texas Voman's University Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, inc. 6 Greater Denton Arts Council 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 Texas Woman's University Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, Inc. b Greater Denton Arts Council, their successors ana assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, to-wit : Easement granted by W. T. Toone and wife Lizzie Toone, rec. in Volume 354, Page 400 Deed Records of Denton County - Filed November 21, 1949 - M.E.P. 6 P.R.R. Co. Survey Section 45. - 69.65 AC. TO HAVE AND TO HOLD the said premises, together with aU and sintralar the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Texas Woman's University Foundation, Selwyn School, lac., Eugena Porter Rayzor, Denton Channel Two Foundation, Inc., and Greater Dentoq Artt, Council, their successors k&A and assigns, orever, so hat neither the said City of Denton, a Municipal Corporation, its successors and assigns nor 2rhijktRxMany 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 . ` p r :6y hand at Denton, Texas this day of A. D. 19 84 l 1 irnesses up~t f Grantor: THE I ' F ENTON 7TEXAS BY: RI IARD 0. TEWART , MAYOR a~ .14332 SLNGLE ACKNOWLEDGMENT THE STATE OF TrvAS, 1 COUNTY OF / BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Th;s day of A.D 19. t L.S. ) Notary Fnblic, County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pu,p~ses and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. This day of A.D. 19 t L.S.1 Notary Public, County, Texas Sly Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE SIE, the undersigned OF DENTON authority, in ani for said County, Texas, on this day personally appeared Richard 0 Stewart,.-?SayoT r t the City of Denton, Ter.as known to me to be the re.-n and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said . _..City Counci I _of the City of_Denton. .Tems....a. Municipal corporation, and th.t he executed the same as the sct of such corporation for the purposes ■nd consideration therein expressed, and in the capacity therein stated. GIVEN L'N X11' HAND AND SEAL OF OFFICE, This _____day of _ A.D. 19.94 ~tntrrE scorn - + - twat swo4 t rer` Nobly Publ c , .......!?E iTQ: PAN) _ _ _.CountY, Texas yr fam'T* Y'M Itwi My Commission Exofres June 1, 19..__- CLERK'S CERTIFICATE THE STATE. OF TEXAS, COUNTY OF I' County Clerk of the County Court of said County, do hereby certt:y that the foregoing instrument of writing dated on the day of , A. D. 19 , witu its Certificate of Authenticction, was filed for record in my office or. the clay of A. D. 19 at o'clock M., and duly recorded this say of A. D. 19 , at o'clock A., in the Records of said County, in Volume on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said Court;, at cffice in the day and year last .above written. alit heret.: County Clerk County, Texas. 45146:$.) By Dcpoty. '.,y r t Co of Ucak? Cr. e'ftY Cr. j.. I 1 L T A G I ' Y i F ~ u A COUNTICURB,QantvACoun>< t?a to = 1 - I zap o L>:l I a _ OW N TO U V II = yz `o Q G Z P' X r f i- z I W rf t,•yQ7 r~ H N F ~r06 h i+_M] Il 'fir. r ' :~I7rl ''7 U ,^0.1 z H n ill 1~ > I. C. L 3 C 11 aG W ~Oi''. u f 7 F Z j p L Ulm I s. ; V y A. tn; ~~1'q. LLd Y01 s+~u Ir8 a ~Ir r L aN 0 3 wi x= 1. a g c 003d 80 F. W. L i ~I l~L,~, CL I r e a i . ~ 1, _L!/~ r 1 NO • O AN ORDINANCE REPEALING THE EXISTING PLANNED DEVELOPMENT DISTRICT ORDINANCE AND ENACTING A NEW PLANNED DEVELOPMENT DISTRICT ORDI- NANCE FOR THE PROPERTY HEREIN DESCRIBED; AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS AS SAME WAS ADOPTED AS AN APPENDIX i TO THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ORDINANCd NO. I 69-1 TO PROVILE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATED FROM SINSLE FAMILY 'SF-10' TO PLANNED DEVELOPMENT 'PD' DISTRICT CLASSIFICATION AND USE AS SAID PLANNED DEVELOPMENT ORDINANCE AND ZONING MAP APPLIES TO 161.7 ACRES OF LAND LOCATED AT THE INTERSECTION OF TEASLEY LANE AND LILLIAN MILLER PARKVAY AND AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the existing planned development district zoning ordi- nance applicable to all or part of the property described as Tracts 1 through 10 in Exhibit 'A' attached hereto and made a + part hereof for all purposes, is hereby repealed in its entirety and there is hereby enacted a new planned development district ordinance and comprehensive site plan of said property. SECTION II. Thai the zoning classification and use designation appli- cable to any or all of t: property described as Tracts 1 through 10 in Exhibit 'A' t shed hereto and made a part hereto for all purposes is hereby .,ranged from Single Family 'SF-10' District Ciassification and Use to Planned Development 'PD' District Classification and Use. SECTION III. s That the i property described herein and designated herein as a planned development zoning district shall, prior to the issuance of any certificate of occupancy for the use of any building thereon, comply with the following conditions: 1. That sidewalks meeting the City's standards and specifications be installed on at least one side of the streets throughout the development. SECTION IV., i The development of thc. property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. 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 ano Use subject to the above conditions and specifications. SECTION V. ' That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive t' Z-1660/ROBERT G. WACHTER/PAGE 1 ,o _ 1 i q . 'AA r /v,/ `r,S t.J F. 1 t i S plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the m st appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION VI. That this ordinance snall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. /7k a PASSED AND APPROVED this the day of "e, r 1984. i ' v i XIIJA STL'AYOR F D NTON, TEXAS ATTEST: C TE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOS D. MORRIS, ACTING CITY ATTORNEY CITY OF DEN!.ON, TEXAS ` f. rc 0 'YV~ wti,~ BY: iyr 14 i ~vR w+ r .4, P. tier` Z-1660/RO3ERT G. WACHTER/PAGE 2 'r j ' 107 t µ i i i 292 TRACT 1 Being part of a 161.66-acre tract of land as shown on a survey for Dimension ,I Development Company by Espey, Huston 6 Associates, Inc. dated March, 1984, and being more particularly described as follows: COMMENCING at the intersection of the easterly line of F.M. Highway 2181 and j the south line of said 161.66-acre tract; iI THENCE along said south Iine, South 88°23'46" East, 381.84 feet to the POINT ! OF BEGINNING; S THENCE North 0°24'20" west, 622.14 feet to a point in the centerline of a proposed road (60 foot right-of-way at that point); THENCE along said centerline, South 89044'37" East, 713.90 feet to the 1 beginning of a curve to the right; THENCE along said curve, an arc having a central angle of 14°05'21", a radius of 530.00 feet, a length of 130.33 feet, and a chord which bears South 82°41'56" Vest, 130.00 feet to the end of said curve; i THENCE South 72°35'23" East, 80.35 feet to a point at the beginning of a curve to the left; THENCE along said curve, an arc having a central angle of 12°50'51", a ra$lus of 300.00 feet, a length of 67.27 feet, and a chord which bears South 79 00'45" East, 67.13 feet; THENCE leaving said centerline, South 0°46'57" Vest, 594.28 feet to a point in the south line of said 161.66-acre tract; THENCE along said south line, North 88°23'46" Vest, 1033.29 feet to the i~ POINT OF BEGINNING and containing 15.00 acres, more or less. 1 'J. EXHIBIT "A" Z-1660/ROBERT G. WACHTER/PAGE 1 off' :7,ij♦ f' 292 TRACT 2 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Espey, Huston b Associates, inc. dated March, 1984, and being more particularly described as follows: COMMENCING at the intersection of the easterly line of F.M. Highway 2181 and the south line of said 161.66-acre tract; THENCE along said south line, South 88°23'46" East, 381.84 feet; l THENCE North 0°24'20" West, 622.14 feet to the POINT OF BEGINNING, said point being In the centerline of a proposed road (60 foot right-of-way at I that point); a i THENCE North 0°24'20" West, 575.31 feet to a point; THENCE North 89°19'59" West, 360.90 feet to a point in the centerline of proposed Ridgeway Drive, said point being on a curve to the right; THENCE along said curve, an arc having a central angle of 8°46'05", a radius of 1000.00 feet, a length of 153.04 feet, and a chord which bears North 25°35'07" East, 152.89 feet to the end of said curve; 4 THENCE along said centerline, North 29°58'11" East, 469.50 feet to the centerline intersection of Ridgeway Drive and a proposed road (60 foot rlgtit-of-way); THENCE along the centerline of the proposed 60 foot road, South 59°51'12" East, 165.50 feti to the beginning of a curve to the right; THENCE along said curve, an arc having a central angle of 21°33'55", a radius of 325.00 feet, and a length of 122.32 feet to the end of the curve; THENCE South 38°17'17" East, 351.34 feet to the beginning of a curve to the left; THENCE along said curve, an arc having a central angle of 51°06'11", a radius of 52D feet, and a length of 463.80 feet to the end of the curve; THENCE South 89°23'28" East, 39.19 fee! to a point; THENCE leaving said centerline, South 1 o 35'27" West, 156.58 feet to the u beginning of a curve to the left; •a THENCE along said curve, an arc having a central angle of 29°53'19", a radius of 260.00 feet, and a length of 135.63 feet to the end of the curve; i THENCE South 28°17'52" East, 89.47 feet to the beginning of a curve to the, left; EXHIBIT "A" Z-1660/RGBERT G. WACHTER/PAGE 2 ' ~i y I 1 gIkP r ° . THENCE along said curve, an arc having a central angle of c8°24'45", a radius of 160.00 feet, and a length of 163.11 feet to the end of the curve; THENCE South 86°42'31V East, 15.87 feet; THENCE South 0°4&'51" West, 93.64 feet to a point In the centerline of a proposed 60 foot road and a curve to the right; THENCE along said centerline and curve, an arc having a central angle of 12°50'51", a radius of 300.00 feet, a length of 67.27 feet, and a chord { 6hlch bears North 79000'45" West, 67.13 feet to the end of the rurve; ' THENCE North 72°35'23" West, 80.35 feet to the beginning of a curve to the left; j THENCE along said curve, an arc having a central angle of 14°05'21", a t j radius of 530.00 feet, a length of 130.33 feet, and a chord which bears 1 North 82°41'46" West, 130.00 fett to the end of curve; THENCE North 89°44'31" West, 173.90 feet to the POINT OF BEGINNING and E containing 17.12 acres, more or less. s •1, 4 1. E i.! r.5y y.~ 1 292 TRACT 3 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Espey, Huston b Associates, Inc. dated March, 1984, and being more particularly described as follows: BEGINNING at the intersection of the easterly line of F.M. Highway 2181 and the south Iine of said 161.66-acre tract, said point being on a curve to the left; ' THENCE along said easterly lint, an arc having a central angle of 13°26'51", a radius of 761.20 feet, and a lei gth of 178.66 feet, and a chord which bears North 14°02'21" hest, 178.25 feet to a mint in the centerline of proposed Ridgeway Drive (80 foot right-of-way); THENCE along said centerline, North 1°04'17"Iles.[, 637.78 feet to a quint at i the beginning of a curve to the right; I I THENCE along said curve and centerline, an arc having a central angle of 22°16'22", a radius of 1000.00 feet, a length of 388.73 feet, and a chord which bears North 10°03'54" East, 386.29 feet to a point; THENCE leaving sold centerline, South 89°19'59" East, 360.90 feet to a point; THENCE South 0°24'20" East, 1197.45 feet to a point in the south line of said 161.66-acre tract; THENCE North 88°23'46" West, 381.84 feet to the POINT OF BEGIKAING and containing 11.44 acres, more or less. ?i C i r:r t'. EXHIBIT 'A` Z-1660/ROBER'P G. WACHTER/PAGE 3 ~.1 e . 292 TRACT 4 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Espey, Huston 6 Associates, Inc. datee March, 1984, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod at the most northwesterly corner of said 161.66-acre tracti THENCE along the most northerly Ilne of said tract, North 89049'59" East, 935.00 feet to a point in the center of proposed Ridgeway Drive (80 foot i right-of-way); THENCE alang the centerline of said Ridgeway Drive, South 29058'11" west, ' 528.29 feet to a point at the beginning of a curve to the left; THENCE aloroq said centerline and curve to the left, an arc having a central angle of 28 10'48", a radiug of 1000.00 feet, a length of 491.84 feet, and a i chord which bears South 15 52'46" west, 486.90 feet; THENCE leaving said ce teriioe, South 89049'59" west, 547.75 feet to a point in the west line of said 161.66-acre tract; THENCE along said west line, North 0036'41" East, 924.89 feet to the POINT OF BEGINNING and containing 14.80 acres, more or less. q ~.x. r r ',4R EXHIBIT 'A' 'L-16150/ROBERT G. WACHTFR/PAGE 4 x., i. I O Y0= VFW-, 292 TRACT 5 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Espey, Huston 6 Associates, Inc. dated March, 1984, and being more part;cularly described as follows: i COMMENCING at the I-arthwest corner of said 161.66-acre tract; THENCE along the most northerly line of said tract, North 89049'59" East, 935.00 feet to the POINT OF BEGINNING, said point being in the centerline of proposed Ridgeway Drive (80 foot right-of-way); THENCE along said northerly line, North 89°49'59" East, 2209.54 feet to a point; s THENCE South 0046'121' East, 708.56 feet to a point in the centerline of a { proposed 60 foot road; THENCE along said centerline, North 89°23'2$" Hest, 1393.19 feet to the II beginning of a curve to the r'yht; THENCE along said curve, al arc having a central angle of 51°06'11", a { ra."vs of 520.00 feet, and a length of 463.80 feet to the end of curve; THENCE North 38°17'17" west, 351.34 feet to the beginning of a curve to the left; THENCE along said curve, an arc having a central angle of 21°33'55", a radius of 325.00 feet, and a length of 122.32 feet to the end of curve; THENCE North 59°51'12" west, 165.50 feet to the centerline intersection of said 60 foot road and said Ridgeway Drive; THENCE along centerline of Ridgeway Drive, Nnrth 29°58'11" East, 58.70 feet to the POINT OF BEGINNING and containing 30-49 acres, more or less. e, ~:IJ ! I't 6.. i 1# i Y, t lK. ~w EXHIBIT 'A" Z-1660/ROBERT G. WACHTER/PAGE 5 :J! xaa. , i F a 9 . i k` . i 111 i 292 TRACT 6 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Es,ey, Huston a Associates, Inc. dated March, 1984, and being more particularly described as follows: COMMENCING at the intersection of the easterly line of F.M. Highway 2181 and the south line of said 161.66-acre tract; THENCE along said south line, South 88023'46" East, 1415.13 feet to the POINT OF BEGINNING; 'a THENCE North 0046'57" East, 687.92 feet; THENCE North 86042'37" Vest, 15-87 feet to the beginning of a curve to the right; j THENCE along said curve, an arc having a central angle of 58024'45", a radius of '.60.00 feet, and a length of 163.12 feet to the end of curve; J i THENCE North 28017'52" Hest, 89.47 feet to the beginning of a curve to the right; THENCE along said curve, an arc having a central angle of 29053'19", a radius of 260.00 feet, and a length of 135.63 feet to the end of curve; THENCE North 1035'27" East, 156.58 feet to a point in the :enterline of a proposed 60 foot road; THENCE along said centerline, South 89023'28" East, 1117.73 fee.; THENCE leaving said centerline, South 1008'06" Vest, 468.43 feet; THENCE South 88028'25" East, 432.01 feet; THENCE South 1008'13" Vest, 38.03 feet to the beginning of a curve to the right; THENCE along said curve, an arc having a central angle of 54035'49", a radius of 160.00 feet, a length of 152.46 feet, and a chord which bears South 34004'41" East, 146.76 feet to the end of curve; THENCE South 6046'49" East, 40.22 feet to the beginning of a curve to the left; THENCE along said curve, an arc having a central angle of 66041'14", a r3atus of 90.00 feet, and a length of 104.75 feet to a point of reverse curve; i .1. EXHIBIT 'A" 2-1'60/ROBERT G. WACHTER/PAGE 6 wTwT`~ c. ~ 17 ~r s !}Mr_K C...n a i. ni: I r 1 fV` THENCE along a curve to the right, an arc having a centralr angle of 74050'51", a radius of 110.00 feet, and a length of 143.70 feet to the end t of curve; THENCE South 1022'48" Hest, 61.82 feet to the beginning of a curve to the left; THENCE along said curve, an arc having a central angle of 19036'13", a radius of 200,00 feet, and a length of 103.34 feet to the end of curve; THENCE South 28013'25" East, 168.90 feet to a point In the south line of said 161.66-acre tract; THENCE along said south line, North 88023'46" Hest, 1664.48 feet to the POINT OF BEGINNING and containing 35.00 acres, more or less. ~w A eV i Y r. i . n. e~t ~'Frp z~ v Rs{ A f" f t ''VY(~U a° I f t. 4, f ~d K r"C; er\~ A~,5~".r ,1; _J;I..1Q 1 q .R.. 'r. ,t . l.'`;'. `A tN 292 TRACT 7 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Espey, Huston 6 Associates, Inc. dated March, 1984, and being more particularly described as follows: BEGINNING at the Intersection of the easterly right-of-way of F.M. Highway 2181 and the west Iire of said 161.66-acre tract; THENCE along said rest line, North 0°36'41" East, 209.62 feott to a point; THENCE leaving said west line, North 89°49'59" East, 547.75 feet to the centerline of proposed Ridgeway Drive (8D foot right-of-way), said point i being on a curve to the left; THENCE along said centerline and curve to the left, an arc having a central angle of 2°51'39", a radigs of 1000.00 feet, a length of 49.93 feet, and a chord which bears South 0 21136" Vest, 49.93 feet to a point at the end of said curve; THENCE along said centerline, South 1°04'17" East, 197.27 feet to a point at 4? the centerline intersection of said Ridgeway Drive and proposed Teasley = Lane (90 foot right-of-way); t' THENCE along centerline of said Teasley Lane, Nortti 89044'37" Vest, 434.91 feet to a point in the easterly Iine of F.M. Highway 2181, said point being on a curve to the left; THENCE along said curve, an arc having a central angle of 9°17'09", a redius of 761.20 feet, a length of 123.37 feet, and a chord Phich bears North 73°58'45" Vest, 123.23 feet to the POINT OF BEGINNING and containing 3.05 acres, more or less. 4`; s JY r' a Y` ~R EXHIBIT 'A' Z-1660/ROBERT G. WACHTER/PAGE 7 a .ti~~~~~r,}~~Yf'i7~1 .}tix~~4f ~'~r",~.~ ,.J"i ~ f .r.':'i c,~ r'.', _ _ - A1 ; t h moo Jl,~ 292 TRACT 8 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Espey, Huston 6 Associates, Inc. dated March, 1984, and being more particularly described as follows: COMMENCING at the Intersection of the west line of said tract and the easterly right-of-way of F.M. Highway 2181, said point being on a curve to the right; THENCE along said curve, an arc having a central angle of 9017'09", a radius 'E of 761.20 feet, and a length of 123.37 feet to the POINT OF BEGINNING, said point being on the centerline of proposed Teasley Lane (90 foot right-of- way); THENCE along said centerline, South 89044'37" East, 434.91 feet to the centerline Intersection of said Teasley Lane and proposed Ridgeway Drive (80 foot right-of-way); ;t THENCE along centerline of said Ridgeway Drive, South 1004'17" East, 440.51 feet to a point in the easterly line of F.M. Highway 2181, said point being on a curve to the left; f: THENCE along said curve, an arc having a centrai angle of 48034'22", a radius og 761.20 feet, a leligth of 645.31 feet, and a chord which bears North 45 02'58" Hest, 626.16 feet to the POINT OF BEGINNING and containing 1.55 acres, more or less. s 1. k *jt ;r c r' `t. EXHIBIT 'A' Z-1660/ROBERT G. WACHTER/PAGE 8 r~ r. a 1 T w a7 ~ 1 f } t~^ y 1 . \ . C ♦ , a 1. ~.v n. , i. I_..y lf.T:.",1+1' c ~.''i') ~ ♦ ._.}i?'.P. ~i ~'J ~C~y~. ~ isJ.'~+.6~~`Ad~t!lY,xs1+AC5F'il']A♦J.LJ'r Sa ~waicdR. l- ~ Y 1 d. 292 TRACT 9 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Comparl' by Espey, Huston 6 Associates, Inc. dated March, 1984, and being more particularly described as follows: COMMENCING at the westerly northeast corner of said 161.66-acre tract, THENCE South 0°46'12" East, 708.56 feet to the POINT OF BEGINNINC, said point being in the centerline of a proposed 60 foot road; 4 THENCE along said centerline, South 89°23'28" East, 195.76 feet; f THENCE leaving said centerline, South 1°08'13" Nest, 475.35 feet; THENCE North 88°28'25" West, 432.01 feet; THENCE North 1°08'06" East, 468.43 feet to a point In the centerline of a 1 proposed 60 foot road; THENCE along said centerline, South 89°23'28" East, 236.28 feet to the s';! POINT Of BEGINNINC and containing 4.68 acres, more or less. 'J a •R t 5 wa k EXHIBIT 'A' R Z-1660/ROBERT G. WACHTER/.AGE 9 J ) 1 p~ ~ 4~v L~~1? ~ i 1 u~ <ti 1,; rv 1 1 r«, l,; 1 ~ )~R, r 11 f "5r ~ f el,~ lr, j ~fi~\ P y~J'1 'ii ~R f ^.+:~A} *~a 1 it ~,S L~ , •k i~"~~ ,r.5v_~'..-xrt~lkt~..: i-2~ rl.:. rti[♦.-t~.~Hv .d...r~ w. _ l; 292 TRACT 10 Being part of a 161.66-acre tract of land as shown on a survey for Dimension Development Company by Espey, Huston b Associates, Inc. dated March, 1984, and being more particularly described as follows: BEGINNING at the southeast corner of said 161.66•,icre tract; THENCE along the south line of said tract, North 88°23'46" Vest, 481.77 feet; ^ r THENCE leaving said south line, North 28°13'25" Hest, 168.90 feet to the beginning of a curve to the right; ~y THENCE along said curve, an arc having a central angle of 29°36'13", a radius of 200.0D feet, and a length of 103.54 feet to the end of curve; THENCE North 1°22'48" East, 61.82 feet to the beginning of a curve to the left; THENCE along said curve, an are having a central angle of 74°50'51", a radius of 110.00 feet, and a length of 143.70 feet to a point of reverse curve; THENCE along a curve to the right, an arc having a central angle of 66°41'14", a radius of 90.00 feet, and a length of 104.75 feet to the eld of curve; THENCE North 6°46'49" Nest, 40.22 feet to the beginning of a curve to the > left; b tr', 3 THENCE along said curve, an are having a central angle of 54°35'49", a I,,, radius of 160.00 feet, a length of 152.46 feet, and a chord which bears'`. North 34°04'41'' Vest, 146.76 feet to the end of curve; THENCE North 1°08'13" East, 513.38 feet to a point in the centerline of a; proposed 60 foot road; #r i THENCE along said centerline, North 89°23'28" Vest, 195.16 feet; THENCE leaving said centerline, North O°46'12" Vest, 402.45 feet; !1 THENCE North 89°49'15" East, 1013.43 feet; r ' THENCE South 0°20'14" Vest, 1589.72 feet to the POINT Of BEGINNING and 1 containing 28.53 acres, more or less. EXHIBIT 'A' Z-1660/ROBERT G. WACHTER/PAGE 10 a f li" ; , N ~ F . o Ll~ O 110 .1 o 11 • I~•a• ray: r 1 ~ \ I rr i'. 1 1 E # (F4 10 T C f ~:If'.'. R ,aR-~Sr ~ t 2-h g t +J-'..-: ~'1.:- Y• mss- e ~ ~ 7 7 bal 192w !r. Z-1660/RO9ERT G. WACHTER , I, a " 1 4 NO. d AN ORDINANCE AMENDING APPENDIX A TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, KNOWN AND CITED AS THE DENTON DEVELOPMENT CODE, BY AMENDING ARTICLE III, CHAPTER IV, ARTICLE 4.161 PARAGRAPH (A) RELATING TO LOT SIZE, WIDTH AND DEPTH REQUIREMENTS FOR PRO- POSED SUBDIVISIONS AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: o- i SECTION I. E r- r' That Appendix At Article III, Chapter IV, Article 4.16, Para- graph (A) of the Code of Ordinances of the City of Denton, Texas, s l heretofore effective, is hereby amended to read as follows; "Article 4.16. Lots, Common Areas and Facilities. ; (a) Lot Size. The size, width and depth of lots shall }i conform to the zoning requirements for the area. If, there are no zoning requirements for the area, the size, width and depth of lots for a particular land a;. use shall conform to the requirements for such use pursuant to Appendix B, Article 13 of the Denton City Code.' ~Jk r, SECTION II. That Paragraphs (B), (C), (D) and (E) of Article 4.16, Chapter} IV, Article III of Appendix A to the Code of ordinances of the city of Denton shall remain unchanged. i SECTION III. That th-.s ordinance shall be effective immediately after its date of passage and approval. PASSED AND APPROVED this day of L, 1984. .i IC ARD O. STEW i, MAYOR CIT OF DFJTON, TEXAS t,t ATT 'ST CYARL TTE ALLEN, CITY SECRETARY CITY OF DENTON# TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TTEXAS/ BY : 6~'h1 t~ Jd [Al t ~x NO. < <1 ' ~Y AN ORDINANCE ANNEXI14G A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 31.335 ACRES OF LAND LYING AND f: BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE V. E. GAILOR SUF.VEY, ABSTRACT NO. 452, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request f.)r annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, f. on the petition of the Ci}:y of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 19th day of June , 1984 in the x Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and V4EREAS, an opportunity was afforded, at a public hearing held for that purpose on the 3rd day of Jules , 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said city and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as A-5/PAGE ONE 'w` .ro S.C ~ yt r .-~r ~JPsc ''ak'r f~.,dt"~♦;5, ~p:z4,~;yi~'~':-'~ tf ,,`A7'G~;/'i1~"'`~r - w , follows, t0-wit: All that certain tract or parcel of land that is situated in the V. E. Gailor Survey, Abstract No. 452, Denton County, Texas being a portion of a certain (called) 45.25 acre tract deeded by J. B. Haisler to Burton W. Blackwell on the 17th day of June, 1981 and recorded in Volume 1084, Page 1941 Deed Records of Denton County, Texas, and being more fully described as follows: COMMENCING at the northwest corner of said 45.25 acre tract in the east right-of-way of F.M. Road 2164; THENCE north 89012116" east a distance of 440.00 feet to the point of beginning; THENCE north 89012116" east a distance of 998.26 feet to a fence corner post; } THENCE south 00004100" east a distance of 1377.30 feet to an iron pin; THENCE south 8901.1153" west a distance of 983.90 feet to a point; THENCE north 00039150" west a distance of 1377.30 feet to the point of beginning and containing 31.335 acres of land. SECTION II. i ' The above described property is hereby classified as Agricul- e tural "A" District and shall so appear on the official zoning map i of the City of Denton, Texas, which map is hereby amended accordingly. r SECTION III. This ordinance shall be effective immediately upon its passage. Intioduced before the City Council on th-~ day of~, F 1984. PASSED AND APPROVED by the City Council on the 47 day of r 984. *IAnR 0 STE , MAYOR NTON, TEXAS ATTEST: / U C TTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:~. A-5/PAGE TWO a , x PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS. i WHEREAS, Article 970a as amended requires that a plat of service 3 be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and IMEREAS, the City of Denton-is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, "r and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. r; B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided s, on the effective date of annexation. C. Water (1) Stater for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereaft-r from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. ii. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Dent.un, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. r Y t s 1 {,1 iL F', x i d a~_,.aI r r a 'j C 4,`P:. r .S 4 " F'] ~ ,A r! w / G r 7 a 1 r+' ~ ! j Service Plan Annexed Areas' s Page two y F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) r will begin on the effective date of annexation.` (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on Fr the effective date of annexation. t1 (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of j curbs and gutters, and other such major improvements, s as the need therefore is determined by the governing F body, will be accomplished under the established ;j policies of the city. G. Inspection Sc-vices (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning - .r (1) The Planning and Zcning Jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the d* established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and i, policies now used in the present city will be fol- lowed in expanding the recreational program and fac'.lities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for elec-cric power. i. r ~rt'kx* r . 1R -0q~~~.~A +i 1 ~r(3 "ti Xr r .1 E1 •.o r' r..' ~ ~'+'.~75, , A Y i ! , 1 i3 .ti S ~ "iX ! Y 'V i c Service Plan Annexed Areas. Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. i II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: a t (1) Demand for services as compared to other areas based partly on density of population, magnitude t of problems compared to other areas, established technical standards and professional studies, and i natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CEP 'planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly,to the same }}1 established criteria as all other areas of the-city. a: r• 1 i; yq n } i r~r . T /~}GT ~ w~ af•1"i ~ ~~'-a-4b, 'h ~.lA r' ~a , ,~.~k t e NO.O AN ORDINANCE REPEALING ARTICLE I OF CHAPTER 10 OF THE. CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; °NACTING A NEW ARTICLE I OF CHAPTER 10 TO PROVIDE FOR THE ADOPTION OF THE UNIFORM FIRE CODE, 1982 EDITION AND AMENDMENTS THERETO; TO PROVIDE FOR FIRE SAFETY INSPECTIONS OF BUILDINGS, FIRE EXTINGUISHING, SPRINKLER AND STANDPIPE SYSTEMS, AND FLAMMPBLE STORAGE FACILITIES; PROVIDING FOR INSPECTION AND PERMIT FEES; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That Sections 10-1 through 10-9 of Article I of Chapter 10 of the Code of ordinances of the City of Denton are hereby repealed. SECTION II. That a new Article I of Chapter 10 of the Code of Ordinances of the City of Denton is hereby enacted to read as folijws: ARTICLE I. IN GENERAL Section 10-1. Uniform Fire Code Adopted There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations go%erning conditions hazardous to life and property from fire and expl,sion, that certain Code and Standards known as the Uniform Fire Code, including all appendicies thereof, and the Uniforn, Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building officials, being particularly :he 1982 editions thereof and the whole thereof, save and except slich portions as are hereinafter deleted, modified or amended by Section 10-21 of which Code and Standards are on file with the City Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein. Section 10-2. Same-Amendments The Uniform Fire Code, 1982 edition, is hereby amended as follows: PAGE 1 5Z (1) That Section 78-102(a) is hereby amended to read as follows: (a) It shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail, use or explode, or manufacture any fireworks within the city limits or within 51000 feet thereof, except in cases where a permit for a supervised public display of fireworks is hereafter permitted. Section 10-3. Arson Reward The City will pay a reward of two hundred and fifty dollars (4250.00) cash to any person furnishing and prod ding tLe City with information leading to the arrest and conviction of any person for the offense of arson within the corporate limits of the City. Section 10-4. Fire Safety Inspections; Permits and Fees (a) Fire safety Inspection Fees. The lessee, occupant ,r user of a building or portion thereof, which is not a one-family dwelling, two-family dwelling or an individual living unit of a multi-family dwelling, shall upon inspection of such building or portion thereof by authorized employees of the Fire Department be charged and pay, within thirty days of such inspection, a fire safety inspection fee based upon the amount of interior square footage of the building leased, occupied or used by such person. The fee shall be charged no more than once per year for each bui?ding inspected, regardless of the number of inspections or reinspections, and shall be in an amount determined and set, and as from time to time amended, by ordinance of the City Council, a cog.y of which shall be on file with the City Secretary. Inspection fees for common areas of such buildings shall be charged to and paid by the owner in accordance with the square footage inspected as provided for herein. (b) Permits for Fire Safety Systems, Storage Tanks Required; Fees Imposed. It shall be unlawful for any person to install, construct or reconstruct any automatic fire extinguishing system, fire protection sprinkler system, fire detection or alarm system, gasoline or LPG tank or storage facility, or standpipe system PAGE 2 i without first obtaining a permit from the fire department. Upon application for the permit the person so applying shall pay a permit fee in an amount determined, and as from time to time amended, by ordinance of the City Ccuncil, a copy of which shall be kept on file with the City Secretary. The foregoing permit requirements shall not apply to the installation of smoke detectors in dwelling units which are governed by the provisions of Subchapter F of Chapter 92 of the Texas Property Code (Vernon 11111, or any amendment thereof hereafter made. (c) Permits Required by the UFC; Fees Imposed. Any permit required by Article 4 of the Uniform Fire Code, 1982 edition, shall be issued only upon payment of a permit fee to the fire department in an amount determined, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary. Section 10-5 - 10-17 Reserved. SECTION III. That any person violating any of the provisions of this ordinance shall, upi n conviction, be fined a sum not exceeding Two Hundred Dollars ($200,00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any persun or circumstance is held invalid by any court of competent jurisdiction, such holding shall riot affect the validity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PAGE 3 -.rte-.x~'^-•-s--.cam-,Rr r :t .y SECTION V. All ordinances or parts of ordinances in force when the pro- visions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION VI. *x That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of s 'Y the date of its passage. 1 PASSED AND APPROVED this the y day of 964. RI HARD U STEW T, MAYOR CI 'Y OF 'NTON, TEXAS r ATTEST: C LOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 4 1 r~~w. Wit.- y. 7f M1 r,f r ? r r t ~'ih j ~.1 •Jr. ~ ~ryr tl~ Y7'r~"-..^ ~yl!~^+,y,! r ~.r~'~f•'~y~ . yy^,~4{J. 1,`i # .,M * '~w M1+1 'F~.{y`l 1 .h.. Jai,`t(x ~yT?4'♦ r~~"ir• i""`4 3~ h ~t ~lr'C. { s+'tr r+3 M1''a i/'' M1~S Y~F ~ t r, iM ~•M4 ~i~2ti~ y~~ ~1 ~r •~yr~ . 1 ti~ AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE 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 Dentoo, acting pursuant to law, and upon the request and petition of the grantee herein, 0 deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility 3! easement is not needed for public use, and that same should be ?v j abandoned and quitclaimed to Texas Woman's University Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two :w, Foundation, Inc., and Greater Denton Arts Council, as hereinafter provided; and 6HEREAS, 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 Texas Woman's University Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, Inc., and Greater Denton Arts Council, for the consideration hereinafter more fully set forth; 'yy ,r. NOW, THEREFORE, -L' 4. I' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: s SECTION I. 41, That the following describes tract of land in the City of Denton be and the same is hereby abu doned, vacated and closed insofar Es " the right, title and easement of the public are concerned: Easement granted by W. T. Toone and wife Lizzie Toone, rec. in Volume 354, Page 400 Deed Re,;,)rds of Denton a County - Filed November 21, 1949 - M.E.P. & P.R.R. Co. :f 1 Survey section 45. - 69.65 AC. A x SECTION II. ~i 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 f h Y~ SW PAGE l r r 'r~ mm~w f y Y. j'. ha 1 ;a r i A ~ f "'.~^L}y µ`~tY h . , ~k 3 (nh,•`, . 1 { 4v. !L` ~ }C'11-/r 4~4P~'~ l^VP gj i therein to Texas Woman's University Foundation, Selwyn School, Inc., 3 Eugena Porter Rayzor, Denton Channel Two Foundation, inc., and Greater Denton Arts Council. SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. r-~ SECTION IV. This ordinance shall take effect and be in full force and effect i from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Penton, F Texas, this the day of 1989. AI . STEW MAY TON; TEXAS y n. S4. f ATTEST: CHARLOTTE ALLEN, ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: lYti~ r r' o' PAGE 2 { tin3 rr. ~ ~L!T 4: ~~•."3i~'t~+r~i u.~,', it n;'°n21: rY!',~7Y,Gi'lild4M~i~~7i:~"r 35.~~s'L~;;'i3~f'IE~Xi v-- - a- _ THE STATE OF OW ALL MEN BY THESE PRESENTS: TEXAS, 111 MOW ' COUNTY OF DENTON 1 That The City of Denton, a Municipal Corporation " f I of the County of Denton and State of Texas , for and in consideration of'. the sum of --------TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration to it in hand paid by Texas Noman`s University Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, Inc. 6 Greater Dint(n Arts Council 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 ,L QUIT CLAD[ unto the said Texas Woman's University Foundation, Selwyn School, Inc., ;j Eugena Porter Rayzor, Denton Channel Two Foundation, Inc. S Greater Denton Arts 1 Council, their sutcensors isoe ana assigns, all its right title and interest in and to that certain tract or par- ' E cel of land lying in the County of Denton and State of Texas, described as follows, I $ to-wit: ;d Easement granted by W. I. Toone and wife Lizzie Toone, rec. in Volume 354, Page 400 r Deed Records of Denton County - Filed November 21, 1949 - M.E.P. 6 P.R.R. Co. Survey Section 45. - 69.65 AC. t , i I 6 I f tr;'; r. i . TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said 'texas woman's University f` Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, `i Inc., and Greater De toq Art Council their successors kgkl an assigns, orever, so that neither the said City of Denton, a Municipal Corporation, its successors and assigns nor xhitkU. any person or persons claming under it shall, at any time hereafter, I., have, claim or demand any right or title to t:ie aforesaid premises or appuatenances, or any part there- of. WITNESS my hand at Denton, Texas this day of A. A. 19 84 { Witnesses at equest f Grantor: THE CI _ F- ENTON TEXAS 11 Ile j ATTEST: BY: RI RD 0. TEWABT, MAYOR a. CHARM TR At.LF 2!TTY~E _ - - ~ x tn` ' SINGLE ACKNOWLEDGMENT ..,t THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared a known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER b11' HAND AND SEAL OF OFFICE, This day of _ A.D. 19 L. S.) Notary Public, County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County. Texas, on this day personally appeared i known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the put poses and consideration therein expressed. GIVEN UNDER MY H,4ND AND SEAL OF OFFICE, This day of A. D. 19 Notatp Public, County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT f THE STATE OF TEXAS, authority, BEFORE ME, the undersigned COUNTY OF DENTON in and for said County. Texas, on this day personally appeared . Richard 0. City of Denton, Texas known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City Council of the City of Denton.-.Texas._,a Muni.cipal__,_ $ corporation, and that he executed the same as the art of such corporation for the purposes and consideration there:n i expressed, and in the capacity therein stated. ! GIVEN UNDER MY HAND AND SEAL OF OFFICE, This .____.day of..__ , A.D. 19 84. 1 (L 8.) _ . Notary Public, Texas 6Iy Commission Expires June 1, 19..... CLERK'S CERTIFICATE ' THE STATE OF TEXAS, County i COUNTY OF E Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated en the a ally of A. D. 19 , with its Certificate of Authentication, was Blcr for 'r. record in my office on the day of A. D. 19 at o'clock M., and duly recorded this day of _ A. D. 19 , at o'clock M., in the Records of said County, in Volume on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in the day and year Kist nbo%e written. d ' n County Clerk County, Texas. (L. S.) 8)' Ileputy. 'f e pp _ c c C y OW 0 r. - 01 0 Q F 2 G 0. ; r i. p C W O rj r4 ' r U W G.1 i I Ili O. to I N,7 O .ti C. i r_ Z PS H q F tn: U i, 7 d W: Y - I P4 1Yh ; J r a r. '~Lq'2Y ~ i Tr J Ty I I .T . 1 1 pit ~ ,~~,s 7 s, J + ~ I it rl r y``yZic.+~y,, 4'~i 1 rz.. /.w y•. 1 1 1 1 k r ~~r ftL.~'~:~-'.,~i #'t..IIlC' N.' .^t~t~'n,1: ,'k /.tl.I 2 .f TM~~:~ i i-. a { ~ w ♦ ~ 2 w 9 r. r ~'~~Y .S'~k atir~4C A O6., Jyf t ✓2~ J R E S O L U T I O N C; WHEREAS, the Airport Manager of the City of Denton Municipal Airport has developed and prepared a Minority Business Enter- prise Program for submittal to the United States Department of Transportaton in satisfaction of the Department's Regulations for the receipt of federal assistance for the airport as set forth in the Code of Federal Regulations, 49 CFR Part 23; and WHEREAS, the City Council of the City of Denton, Texas, desires to ensure that minority business enterprises as dafined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts or subcontracts relating to airport improvements financed in whole or in part with federal funds provided under such minority business enterprise agreement; z NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Denton Municipal Airport's Minority Business Enter- prise Plan, including a policy statement and agreement, consisting cf of eight pages, attached hereto as Exhibit "A" and incorporated herein by reference, be and the same is hereby adopted and approved. SECTION II. That the City Manager of the City of Denton, Texas, or his designee, shall administer the Minority Business Enterprise Program in cowpliance with its terms and conditions and '::ose set forth in the United States Department of Transportation's i Regulations pertaining thereto. PASSED AND APPROVED this the day of u Z ,1984. i' n 7r RI HARD 0 STEWA T, MAYOR CIT OF ENTON, TEXAS 4. 'a X] ATTEST: CFA LO T. A EN, CITY SECRETARY CITY OF DENTON? TEXAS ` s APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY 1 r` CITY OF DENTON, TEXAS BY: jk F S . ill I' q•y' 4 r c+ EXHIBIT "A" Page 1 of 8 CITY of DENTON, TEXAS MUNICIPAL AIRPORT/ ROUTE J, AIRPORT ROAD % DFNTON, TEXAS 76201 I DENfON MUNICIPAL AIRPORT MINORITY BUSINESS ENTERPRISE PLAN POLICY STATEMENT f,'y ~r IT IS THE POLICY of the Denton Municipal Airport to encourage the participation of Minority Business Enterprises 4MBEs) to the maximum extent feasible in all phas.s of its procurement practices. This is done by providing an equal opportunity for MBEs to compete for contracts in the areas of construction, services, equipment and supplies, and, generally for any other procurement requirements the Airport may have. The City of Denton recognizes that minorities (including women) have been underrepresen- ted as owners and managers of businesses in this country and as contractors participfat!ng in federally assisted programs. The City of Denton has in the past and will continue, both as a matter of principle and law, to ensure that no person is discriminated against ' on the grounds of race, color, national origin or sex. This policy provides that minority business enterprises receive a fair percentage and fair dollar volume of the contractual business done by the Airport. This policy extends to encouraging the use of minority owned businesses and banks by contractors doing business with the Airport. For the purposes of this policy, a "minority" is defined as a person who is a citizen or lawful permanent resident of the United States and who is: (a) Black (A person having origins in any of the black racial groups of Africa); (b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); (c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or .Y (d) American Indian and Alaskan Native (a person having origins in any of the original peoples of North America); and (e) Members of other groups, or ether individuals, found to be economically and v socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended (15 u.s.c. 637 (a)). "Minority Business Enterprise" means a small business concern, as defined pursuant to Section 3 of the Small Business Act and implementing regulations, which is owned and controlled by one or more minorities or women. This definition applies only to financial assistance programs. For the purpose of thia policy, owned and controlled , business means a business: (a) Which is at least 51 percent owned by one or more minorities or women or, r in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and (b) Whose management and daily business operations are controlled by one or more such individuals. ~d TELEPHONE 8171'566.8419 - 0%FW METRO 434.2520 Vt Q• ('441 - e 1 ~t ',5 1,. a v' +u n- 114•I 'NJ~I FY .~i~'f,S't4%Yi:X,4~J"l~d;7R Page 2 of 8 To the extent legally pracLicable, the Denton Municipal Airport will ensure that all contractors providing services, materials or supplies to the Airport, provide employment opportunities to minorities and females equal to those provided to all other groups or individuals, Contractors will also be required to take positive steps toward the utilization of minority business enterprises to the maximum extent feasible. Upon request, the Airport will provide MBEs with information on the preparation of bid specifications, fulfillment of general bid requirements, job performance requirements, and procurement opportunities. r The Airport encourages joint ventures among MBEs and between majority and minority firms bidding for Airport contracts. The Airport will use its best efforts to ensure that MBEs are informed of current and future procurement activities through utilization of newspapers, local minority fy chambers of commerce, and other minority assistance organizations, as well as KAV through direct contact with minority entrepreneurs. Signa ure Namerks Title Da e t. .4, Signature Name `1 D s, Title 'Date ,eq is R ~t Vim' 1i,+`w.~~ " . . . , r , ~ . ~ . , •.1,. ~ . a'., rni vY1~kr17n,:+d+~iPa~~rr..a ~w a Page 3 of R t DENTON MUNICIPAL AIRPORT MINORITY BUSINESS ENTERPRISE PROGRAM The Minority Business Enterprise (MBE) program to follow is being submitted to the U.S. Department of Transportation (DOT) by the Denton Municipal Airport (Airport) in satisfaction of requirements set forth in the DOT MBE regulations (49 CFR Part 23). The Denton Municipal Airport understands and agrees to the following: "If as a condition of assistance the recipient has submitted and the department has approved a minority business enterprise affirmative action program which the recipient agrees to , carry out, this program is incorporated into this financial assistance agreement by refer- ence. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notifi- cation to the recipient of its failure to carry out the aproved program the Department i shall impose such sanctions as noted in 49 CFR Part 34, Subpart E, which sanctions may ia- elude termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financia' assistance." f' The Denton Municipal Airport further agrees to adopt the following program elements and reporting procedures: 1. MBE PROGRAM ELEMENTS 49 CFP Part 23 sets forth certain required MBE program 3.. r elements in 523.43 (e)-(i), to be applicable to activities carried out by the Denton Airport. The Airport agrees to include the following clauses in each procurement initiated directly by the Airport, and to adopt the following program elements:F Y .,VN A. Required MBE contract clauses: 1. Policy. It is the policy of the Department of Transportation that minority business enter- prises as defined in 49 CFR Part 23 shall h.~va the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement.< Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. F W' ,.r z •i... e i r. ~ . - .:a a, :~IA'Anr t.r•3yialJr Mr R:i? I I Page 4 of 8' MBE Programs Page 2 2. MBE Obligation. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CK Part 23 have the maximum opportunity to participate in the performance of contracts and svbcr-nt-acts j financed in whole or in part with Feieral funds 1 provided under this agreement. In this regard all recipients or contractors shall tv[ce all necessary and reasonable steps in acordance with s' 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to "i ! compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. B. MBE Directory [523.45(e)]. The Airport will develop e loose-leaf directory of minority businesses to ti identify MBE's with capabilities relevant to con- w struction of airport improvements. The information j contained in the MBE source list or directory shall; be made available to (subrecipients), contractors', bidders, and proposers to facilitate their efforts.:; to meet the speci`ic MBE program requirements where opportunities for private sector contracting or purchasing exist. =c C. Procedures to ascertain the eli ibility MBE's and A. joint ventures involving MBE's 523.45(£)]: 1. The Airport will ensure that any benefits re- sulting from the goal-oriented MBE prograu, pf; accrue only to firms owned and controlled Sy minorities or women withii, C:,u meaning of 49 CFR Part 23, 523.5. , ! 2. The Airport agrees to certify MBE's in accord- danc,3 with the requirements of 49 CH Part 23, Sch?dole(s) A and B upon receipt of notifica- tion that the Office of Management and Budget f (OMB) has approved the format under the prov- i visions of OMB Circular A 40. The Airport may i accept certifications p. :ously accepted by other DOT operating elements. 3. The Airport will ensure that the certification r systems are at least as effective as procedures ff prescribed in 49 CFR Part 23, 523.51. 4 l r.• '777777, ~4%7~ Yk' L• S . ~ i Y , i 1 rj Page 5 of 8 MBE Programs j Page 3 4. The Airport will when possible replace a MBE subcontractor that is unable to perform suc- cessfully with another MBE. The Airport (and its subrecipients) will approve all substitu- tions of MBE subcontractors before bid opening and during contract performance, to ensure the substitution of bona fide MBE's. D, Percentage goes for the dollar value of work to be awarded to M' s [$23.45(g)], 1. For each grant or project, the Airport will review is various Progrars so as to identify those proposed contrac'~ having potential for t MBE participation and !t an overall goal for MBE participation within the generated activities to be carried out and goods to be purchased. The overall MBE goal shall include a separate goal for firms owned and controlled by j minorities, and a goal for firms owned and controlled by women, The Airport overall goal for minority-owned firms for is lot and the goal's for women-owned business is 24. These per- centages are based upon the total dollar value of contracts with, and goods purchased from, the private sector. 2. Contract goals will be ;negotiated where MBE r' subcontracting opportunities have been iden- tified. The goal(s) will be expressed as a percent of the total dollar amount of the con- tract. The Airport will meet or exceed the goal(s) or be prepared to demonstrate that best a efforts were expended so as to accomplish the MBE obligation. 3. The overall goal (and/or subsequent contract goals) will be based on a review of the avail- ability of MBE's located within at least the j usual market area for contractors and vendors. The overall goal will reflect the results that reasonably could be expected as a consequence of aggressive efforts to implement the MBE program, 4. The OMB Circular A-95 Clearinghouse review shall suffice as the goal-related 45-day comment period required by 934.45(g), i ` d d r t C Moe 1 'Page G of 8• MBE Programs Page 4 ' E. Procedures to require that participating MBE's are identified by name by competitors for contracts [523.45(h)~, f The Airport will require prime contractors to submit the names of any MBE subcontractor(s), their re- spective scope of work, and the dollar value of the proposed MBE subcontract(s) within a reasonable time within the circumstances of each solicitation after bid opening(s) and prior to the actual contract award. { F. Selection criteria to ensure that prime contracts i are awarded to competitors that meet MBE goals ti• [923.45(i)].k; 1. The Airport contracting activities incorporate procedures whereby bids will be reviewed to determine whether the lowest bidder meeting the t E MBE contract goal is within the zone of com- petition as to price for the contract. 2. If the Airport determines that this competitor has offered a reasonable price, the firm shall` be awarded the contract. If the bidder's price is not reasonable, the competitor with the next highest percentage of MBE participation shall be considered and so on, in order of their per- centage of MBE participation until one with a reasonable price is selected. In the event no E bidder with MBE participation has ofered a = reasonable price, then the Airport may elect to award the contract to any bidder or offeror that demunstrated a reasonable effort to meet the MBE contract goal. 3, The Airport will consider steps, including but not limited to the following, as to determining whether reasonable efforts were made to meet MBE contract goals: ' a, Attendance at a pre-bid meeting, if an scheduled by the recipient to inform MBE's { of subcontracting opportunities under soli- citation; { j r}t f r. ~Z. 1 r j Page 7 of 8 MBE Programs Page 5 r r`. b. Advertisement in general circulation media, trade association publications, and minority- focus media for at least 20 days before bids ' or proposals are due. If 20 days are not available, publication for a shorter reasonable time is acceptable. ^ :4 c. Written notification to MBF's that their interest in the contract is solicited; d. Efforts made to select portions of the work ' I proposed to be performed by MBE's in order• 1 to increase the likelihood of achieving the kR stated goal; y; e. Efforts to negotiate with MBE's for specific bids for subcontracts including at a winumum: I. The names, addresses, and telephone } numbers of MBE's that were contacted; if. A description of the information prov- ided to MBE's regarding the plans and specifications for portions of the work r,' to be performed; and iii. A statement of why additional agree- ments with MBE's were not reached; f, Concerning each MBE the competitor contacted but rejected as unqualified, the reasons for the competitor's conclusion; and g. Effort made to assist the MBE's contacted that needed assistance in obtaining bonding or insurance required by the contractor or recipient. 4. Bidders, proposers, offerors, that fail to meet (MBE contract goals and/or) the foregoing "reasonable efforts" test, will not be certified as eligible to be awarded the federally assisted contract. .j 5, The Airport will ensure that all obligations under MBE contracts are met, by reviewing the contractor's MBE involvement efforts during the life of the contract. (Airy interruption of scheduled progress payments to MBE's shall be brought to the attention of the City of Denton.) -~r ' T- (P A .y Page 8 of 8' MBE Programs Page b II. REPORTING PROCEDURES A. The Airport will maintain records on specific con- tract awards to MBE's, in a format and frequency (quarterly) to be prescribed by DOT. i B. The minimum MBE data elements to be maintained are as "i foltows: 1. The number of contracts awarded to MBE's; 2, A description of the contract(s) awarded to r MBE's, 3. The dollar value of MBE contract awards; N' The percentage of the dollar value of all contracts awarded to the private sector that awarded to MBE's; and r+-' S. An appraisal of the extent to which the MBE awards met or exceeded the MBE goal. This program is offered in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal fin- ancial assistance extended after the date hereof to the Denton Municipal Airport by the Department of Trans- portation and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants. DATI D: n" l APPLICANT I t Attachments: Department of Transportation Regulations 0170] r , - t ems. , 9r..j i R E S O L U T I O N i WHEREAS, the City of Denton has and expects to continue to enjoy a pattern of growth and development throughout the 1980's and beyond; and { WHEREAS, the community in response to such growth and development has instituted a process to address questions of land use planning, development and control; and WHEREAS, as a result of such process a document titled Denton Development Guide (1981) was produced: 'Id i WHEREAS, the City Council of the City of Denton, Texas believes that such document is a useful tool to be used to aid in the day-to-day decisions concerning growth and development of a the city and adopted the Guide for such use; and a WHEREAS, the policies contained in tae 1981 Guide are reviewed annually by the Planning and Zoning Commission for their recommendation to the City Council as to amendments and modifications to be made to the 1981 Guide; and WHEREAS, the Planning and Zoning Commission has completed its 1983-84 annual review of the 1981 Guide and hereby makes its recommendation that the 1981 Guide be amended, to provide for incorporation of the attached policies and procedures; NOW, THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF .J DENTON, TEXAS: SECTION I. That the Denton Development Guide (1981), is hereby amended, to provide for the incorporation of the attached policies and procedures therein, and said Guide, as amended, is hereby adopted as the official land use and development guide for the { City to be used in future planning, development and land use decisions in. the manner and for the purposes therein stated until such time it is repealed or hereafter amended. # rk. PASSED AND APPROVED this day of /if, , 1984. i IC ARD O. STEW. , MAYOR CIT OF D NTUN, TEXAS 1a ATTEST: CH L TTE ALLEN, CITY SECRETARY- k CITY OF DENTON, TEXAS a!:' APPROVED AS TO LEGAL FORM: r`I JOE MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: f{I1 i 7 ~ i ~ f~ i + ' i s i DENTON DEVELOPMENT GUIDE 51981} AMENDMENTS 1983-84 d 4 S 3 i a 3 s : I 1 1 r ti • f IVA r. r. J. t~" v `r. t. Sept. 1984 , i i DENTON DEVELOPMENT GUIDE AMENDMENTS 1983-84 t' tia The following are the 1983/84 issues that are to be incorporated with and made a part of the Denton Development Guide. [ ' r I. POLICIES ON INTENSITY STANDARDS A. Basic Intensity Planning Policy 4 The intensity index policies are the priority policies of the Guide. The importance is to be emphasized in all planning activities. ' The changing of an areas intensity index standard is considered a major decision of the City and therefore incremental planning activities and decisions, that will change the current or proj^cted intensity of an area should be tabled, time permitting, and a special intensity study of that area should be referred to the Planning and Zoning Commission. Incremental planning activities and or decisions include but are not limited to, zoning, utility, drainage, transportation, park planning, etc., that can directly or indirectly change an areas ultimate land use intensity. .I' The Planning and Zoning study will focus on the areas intensity question, addressing the need and impact of changing an yeas intensity index standard. The study ` recommendation will be forwarded to City Council for w final action. f Special Note: It should also be understood there are numerous other policies and factors that will be considered in City planning; decision making. B. Intensity Standards. Do They Reflect Our Community Objectives? The staff is hereby instructed to recommend a study procedure to address this question in more detail. For, the interim our current intensity standards will be r maintained. F r j C. Are Current T.forts To Implement The Intensity Sta*:.iard J` Adequate? The staff is hereby instructed to recommend a study procedure to address this question. The <tudy among T other things will include consideration of the follow- ing concepts: 'V r -1- x ~F[ y, r~ 1 % t Y ~ aAft/ t p i k+}~'1 0%yti 4~b4i 5 9 Concept fl - Implementation policies that concentrate on infrastructure. For example, public funding of infrastructure only in planned areas. Concept 02 - Consideration of an intensity overlay j zone. This concept requires each deve- lopment to meet the intensity standard .1 as well as the underlying Base zoning District Standards (also could include othe guide policies). In the interim it is the policy of the City that all major zone cases be a P.D. with a 3 year time limit is for substantial development (i5i) to be started. If the specified time limits are not met the subject P.D. zoning will be processed as required by state law and placed back on the agenda for consideration. of modifying the zoning. II. SPECIFIC LAND USE AREA PERFORMANCE PO-ICitS. A. The Type of Project Called 'Apartment Policies'/High Density etc.; Medium Density; and Low Density will be classified as follows: Units/Acre Low Density 0 - 5 Medium Density 6 - 12 High Density 13 - and above B. Access Required For High Density Housing In low intensity areas: ' F o high density requires the only access by secondary arterial or greater. o medium density concentrations requires at least one access by a collector street (not every indivicual unit). a In moderate intensity areas: I o high density, at le-ist one access ty major or secondary arterial with no access by low density residential street. o medium density concentrations requires at least one access by a collector street (not every individual unit). to Ag [ _ } 4r 1 \ yr CZ T '/k ~ i 1 i ~Y ' or t w , g qY ] YYY ♦ r . l . S .rig J e'15 e.. qti r,~q~~~ X ^yr~4 YYk~'p~4, p ~ ,+t• C yV . ,f.u 4f si N lt r APJV~, JF.. •Y'r r ~.~v~. rr .r 4y V _ i tw ..Y li, .J'r VAS 4 ` ft t S*a~C}~ 't fi C. Clarify The Intent Of The Policy "To Have Strict Site Design Review For All Projects Within One Block Of r'. i Existing Single Family Dwellings" by adding the { following wording. If within 1,600 feet of existing low density residen- tt tial or such additional distance as judged to be t materially affecting the character of the neighborhood ! the following policies apply for commercial/apartment development: 1, if adjacent residential areas have landscaped front yard then the commercial/apartments would likewise have landscaped front yards. 2. If adjacent to single story residential, then the commercial/apartment would be single story o: have large setbacks for transition to the neighborhood. 3. Signs will have to be in scale with the neighborh'od, ''1• which usually means attached to the building face. 4. Parking lot design would need to consider access away from residences, parking areas setbacks, permanently screened from residence, and parking lot lights positioned away from residence. 5. Also, when practical, compatible architectural style, would be encouraged. D. Clarification of Concentration Policies , 1. Clarification of the policy on apartment concentra- tion in low .qd moderate intensity neighborhoods. + Change guide policy to specific standards as follows: r'? o Concentration in low intensity areas be limited to rP 200 units. 4n i o Concentration in moderate intensity areas be 41 limited to 750 units. { # o Concentration must be separated from other high density housing by 1/2 mile or 50% of intensity area length, which ever is less. This separation includes separation from adjacent intensity area high density housing, including moderate intensity areas, adjacent to low intensity areas. r -3- Y W 1 Y.. ~ ~ a t ) A 3. , , ~5cplrf: Y ~ t YAP °F y R' r. a r 1.. a r , r,~~' ~'rL~ `-rVl J' j y T.~~•, ~r ,r , N ' 'n 7 A r y J !S h" rhr I e. ° by~e',jf{Vp ' M;^L J,/ J} yy* 1~, A i y ° Y i i r r r V ~,r _ 1Y ~I2E e~i',xtix tkr~~) "r.'~_, pT ♦iy ~ ~~i, a: iGSL ±r~_._r.. - ;r r 41 4 i ~~~~F., 11`i., ,~~~~yy~15,y 't~U 5. c 1 1 1 7'' ~ .ir `Y ' ,Y.YL~.{♦ ~P11 ~`r'~4. A_. '~}~IS 5h~. 1 ijk r~ 2. Clarification of the policy on (page 24). What ace 1 "small scattered sites" (concentrations of neighbor- hood commercial office, etc.). Change guide policy to specific: standards as follows: o Concentration of office/retail etc. in low intensity areas be limited to 4 acres or 2,600 intensity units whichever is more. o concentration must be separated from other high intensity retail, office or similar land uses by 1/2 mile or 50% of intensity area length, which- ever is less. This separation includes separation from adjacent high intensity land use areas, including moderate intensity areas, adjacent to low intensity areas. However, no separation is required in conjunction with an apartment concen- tration (i.e., apartments (200 units) and retail (4 acres)] equal one concentration area to be separated from another. E. Policies For Mobile Home Parks Add to the guide the following location policies for mobile home parks: Low Intensity Areas: ' 1. The overall intensity standard not to be violated 2. No concentration more than 200 units 3. Access by a collector street or larger (if density less than 12 units/ac) ' 4. Strict site plan control within 11600 feet of. existing single family residential 5. Sufficient green space, recreation facilities, etc. } provided 6. Input into planning by neighborhood Moderate Intensity Areas: # 1. The overall intensity standard not to be violated 2. Limit concentration to 75U units ~ i 3. Access to collector street or larger (if density less than 12 units/ac) y' 4. Strict site planning within 11600 feet of single C., family residential s -4- y r a r ~r~. ~E ~ Cl.l ~'4y _Sr~ `rJ ~ K'~~k~1?~~tT i~ : , u ~ 1I Y ry 5 ~ r F.34y.:Y~.E~~•A,~ i 1., 1 AM;~~~~a`1i~ r ~ } r,. ~ IY/ ~/✓/1~/" + i ' 1 ~~t `Sim r ' r°'i1.!}~+5 Mi i!5? Sr' . ~!r r r•i•!•''~'; YYhR 4 r wy+ti+K p! i-. '~aS r ' r ~J I~R' fi• •i, j' F. Clarification of The Policies Concerning Protection of ; Existing Housing The City is to continue the curent policy which is a very strict and narrow interpretation of the criteria 1 on page 251 including the planned development (PD) r.; site plan requirements. 4,. in addition the following wording will be added to the development guide: ! Typical Review Criteria and procedure: :r 1. Impact on neighborhood intensity index. If the proposed development exceeds the intensity index standard then the Planning and Zoning Commission and City Council will typically conduct a special study of the neighborhood to see if the intensity ? index standard can be raised and still maintain the 1 neighborhood and city development integrity. This 1 first study will be for overall neighborhood a intensity study and not to consider the specifics i of a proposed request. Also note raising a neigh- borhood intensity standard does not automatically signal approval of a specific request. w . 2. If the development meets the neighborhood intensity index standard (or as revised) then a detail site • u plan will be required for development within 11600 ( feet of the neighborhood (or such distance that is } ~ judged to materially affect the neighborhood). 3. Other general review criteria states: " o Such things as upgrading or eliminating older aeteriorating structures will be considered a positive action but not to the extent that it is judged detrimental to the overall neighborhood. z o A major review criteria will be to compare the proposed use and location in the subject neigh- borhood to the same use in a similar location in 9 a new neighborhood. If it would be allowed in ' j or adjacent to the new neighborhood it is E probably acceptable to the older neighborhood, } if it w-_luld not be acceptable the newer neighbor- { hood it will probably not be acceptable to the older neighborhood. i v / R1 n t .f . Syr. r " rl .•eir xd ~+t ti'~14 7;. r11+rYi 1~ a ~ r 1~1f"Yl ~ ;~~ty:1 w,11;+~ed L + v h 4 , ~ 4 I RRR 1 I G. Reconfirm And/Or Clarify The Intent Of Policy (Page 24) Diversified Land use Encouraged In Low Intensity Areas The current policies should be strictly enforced and ? equally applied to all low intensity planning areas. Allow limited amounts in all neighborhoods, but pro- hibit concentration in any one neighborhood, strictly enforcing the overall intensity standard and concen- tration standard would be required. H. Commercial/Office Development on Carroll Boulevard S Reconfirmation of the current guide policies. III. FIXED DESIGN POLICIES A. New Southern Alignment of Loop 288 And The Corre- sponding Medium Intensity Areas The alignment is to be changed to Hickory Creek Road, and the two current medium intensity areas on Ryan' Road are to be moved to Teasley and Hickory Creek Road and Ft. Worth Drive and Brush Creek Road. B. Bell Avenue Right-Of Way And Functional Designation y^ From McKinny Street North 'r. Alternative alignments for Sell Avenue to Sherman Drive will be studied and brought bac' to Pla{,..ng and Zoning and City council for final det(imination.' C. Mingo Road Right-Ot-Way f 60 feet of right-of-way as Mingo parallels the railroad. ' D. Redefining Thoroughfare Classification ?1 The expressway designation will be added for Loop 288 and Highway 380. E. Change Yearly Guide Update Time From April To October F. Development Near The Pecan Creek Wastewater Treatment, Plant 1 i'rA No additional residential development will be zoned within 2,500 feet of the Wastewater Treatment Plant and that residential development will be generally discouraged between 2,500 feet and 4,000 feet from the Plant. The area within 2,500 feet of the Wastewater Treatment Plant will be utilized for industrial z purposes, preferably industries that could utilize the effluent from the Plant as ccoling water or other ; "J processes requiring lower quality water. r 4 ' .~r -b- 14 S ~ r / I li Y ♦ I w I 3 Y t t r , r. 4 1 l i~~ 1 v~~ [~~s 1 n t t T1' y t : 1~ r y d sa• ~ y l Pr A y 1 Y 1N. fl T l ~1~~ ~ s t, ~ . s ~ .Y t ~ F s, ti t ~ + f) ~ VY ~ ~~i~te Yt~ 1v~~ ~d~~~~ i f ~W11 R r r w t 1 1 a : '7} 1. ~ ' t ii v1.i,"i~T~r ;i.. t 9~Ti,'. ~r, ~ ~a ~r 1~.''1y 'E ',T" • 1 .1Y :t'. 1~^t~ t 1. ,1,~ . n. •s; SEWERLINE PRO RATA AGREEMENT i THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS: ' COUNTY OF DENTON g That this Agreement is made this day of ; J ,L1984 by and between the City of Denton, a Municipal Corporati66 of t ie County of Denton and the State of Texas, hereinafter referred to as "City" and Harold Holigan, hereinafter refereed to as "Owner". WITNESSETH: WHEREAS, Owner will install a sewer line from the City of Denton's Hickory Creek Lift Station existing sewer line approximately 5,350 feet to Owner's development on the north side of FM 2181 State Highway; and WHEREAS, in ordej, to serve this development with sewer services, Owner will be required to pay the cost of 5,350 feet of sewer line in the city limits of Denton and will extend such sewer line as described above pursuant to the provisions in effect on the date of this Agreement of the Denton Development Code Appendix A, to the Code of Ordinances of the City of Denton, Texas, as heretofore amended; and t' WHEREAS, the Owner desires to receive reimbursement for such cost unda er the provisions of said Denton Development Code of the City of Denton, Texas; NOW, THEREFORE, in consideration of the premises and the mutual I f covenants and agreements hereinafter provided, the parties hereto agree as follows: I. That for and in consideration of the construction of such sewer line extension for the benefit of Owner and the City, the City agrees to reimburse Owner not to exceed his cost of construction of such main extension in the estimated sum of $112,350 (5,350' x $21 per foot) under the provisions in the Denton Development Code of the City of Denton, Texas as heretofore amended, with the following limitations: A. Reimbursement costs will be verified by the Director of Utilities or his designee based on actual costs of offsite sewer line construction as presented by the Owners. b. After the expiration of twenty (20) years from this date of the completion of the sewer main extension, whl^h will be completed " about August 27, 1984, no further reimbursement shall be made to : owner. C. The reimbursement shall not apply to main extensions constrl icted e, a by the City of Denton or under its directions from any main tf construction under the terms of this Agreement. D. Reimoursement payments shall oe rtade to the Owner or their assigns if written, and to no other person(s). :v 77777 y1 L r f 4 , a ear l , . A.~ F ra r;~q . i..'1 E. The reimbursement aforesaid shall be payable only from funds received by the City pursuant to said Denton Development Code. j F. There shall be a maximum of twenty (20) years as the period 1 of eligibility wherein the original installer of the main may request reimbursement of pro rata payments under this Agreement, t The period of eligibility shall begin as the date of final inspection and acceptance of the extension by the City. i G. All pro rata fees incurred under the provisions of the Denton Development Code shall be paid directly to the City and the City shall transfer amounts due to owner within thirty (30) days of receipt. II. That for and in consideration of the Agreements to be per'orm-td by the I 1 City as aforesaid, Owner hereby transfers to the City all of its rights, title 11 and interest in and to the main extension described above, and any and all i easements and right of way agreements secured by them for the purpose of locating said main extensions. a WITNESSETH the hands or the Parties hereto on the day and year first =3 ' above written. Harold Holigan (Owner) Sy. ' City of Denton, Texas By: z /51c and 0. tewar ayor 1 ATTEST: ' Charlotte Allen, City Secretary City of Denton, Texas r j~ APPROVED AS TO LEGAL FORM: 66, If\NA JOE _ D _ MORRIS, ACTINO CITY ATTORNEY CITY DMON, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS j COUNTY OF DALLAS This agreement is made at 2720 Stemmons Freeway, Suite 203, South t Tower, City of Dallas, County of Dallas. State of Texas, between Harold Holigan, hereinafter called "Owner" and Holigan Development, Inc., here- inafter called "Contractor" as follows: I. Description of Work j The Contractor shall perform the following described work. The scnitary sewer line shall be constructed of 15-inch polyvinyl chloride (PS C) Pipe meeting ASTM Specification D3034SDR35. Joints shall be tested in accordance Y with ASTM D3212. Manholes shall have sealed covers. There shall be a 60-foot temporary construction easement width. No trees larger than six inches in diameter shall be damaged or removed. All materials and construction methods pertaining to this sanitary sewer line shall conform to the standard specifications for public works construction prepared by North Central Texas Council of Governments unless noted otherwise. II. Agreed Payment to Contractor Owner agrees to pay Contractor for the work described. { The Contract Sum is One Hundred Thirty-Three Thousand Seven Hundred # Fifty and No/100 Dollars 133,750.01). . :1 IN WITNESS WHEREOF, the Parties have made and executed this Contract on - the 18th day of July, 1984. Harold Holigan Holigan Development, Inc. ' Owner f Contractor r Byl Harold Holigan By: /John W. Anderson President `'tlA Business Address: Business Address: 2720 Stemmons Freeway, Suite 203 2720 Stemmons Freeway, Suite 203 South Tower Dallas, TX 75207 South Tower :1.4las, TX 75207 7 F, ~"it.wt..-..--•r-,~ •t"T,•1•TT-. - _ ~ ~.r _ . ; A _ n!~l~"d1`.~A:M• 1~3A3lN~:R±'~i,~*ii5t#F'~l.rSr.7~Rkesrvrvsrs~n►.e.=a®iriRx~ner,r~s~Y.,•.=,.. ~Y.,..r.~~.o..~.. i t i ATTACHMENT TO CONTRACT BETWEEN HAROLD HOLIGAN, OWNER, 'k AND HOLIGAN DEVELOPMENT, INC., CONTRACTOR 'ickory Creek offsite sanitary sewer line major materials required: 15" PVC pipe meeting ASTM Specification D3034-SDR35 5,350 Feet Cast-In-Place concrete manholes 19 t Y F i x,11: E, ky " ' C I. t~ WATERLINE OVERSIZE PARTICIPATION AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S 'ghat Whereas, Loop 288 Plaza Joint Venture, Inc., 1040 I.H. 10W, suite 41E, San Antonio, Texas 78236, Telephone Number (512) 690-00001 is the Developer of certain property shown on the attached map, which map is incorporated herein as is set forth 3 in full, and further described as property on Loop 288 and Audra r Lane, and Developer desires to serve such property with 926 feet { of onsite waterline facilities; and WHEREAS, the City of Denton desires that such onsite waterline facilities be oversized and the City of Denton will participate in the additional cost of the oversized facilities; for approximately 926 feet, pursuant to the provisions of the Denton Development Code, Appendix A, to the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, this Agreement, made this day of , C , 1984, by and between LOOP 288 PLAZA JOINT , VENTU E, and the CITY OF DENTON, TEXAS, a Home Rule Municipal j Corporation of the State of Texas, hereinafter called "City'; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 20" waterline and appurtenances to serve the property described r~ on the attached map in accordance with all City of Denton ¢ ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is made a part hereof for all intents and purposes. The i engineering design and easement purchases will be paid by the Developer, 4s: 2. The City of Denton estimated cost of oversizing said ) facilities is $21,761 (926' x $45-$21.50) for construction only. Upon completion of construction and acceptance by the City of said facilities, the actual cost of the City's oversize partici- r pation in said facilities shall be determined and certified to by "k WATERLINE OVERSIZE PARTICIPATION AGREEMENT/LOOP 288 JOINT VENTURE, INC./PAGE I x r ak'r Ld ♦ It Y Ar s y h 1 rev x E!/ 1 Z r F f'Jkr t rr 4~ i F t?,r fW. e the Director of Utilities or his designee, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. } 3. The City shall pay for its share of the facilitie' within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable i ° to the parties. 4. Title to said facilities is hereby and shall at all times ~r i be vested in the City. li t 5. The Developer shall and does hereby agree to indemnify and i hold harmless the City from any and all damages, loss or liability ` of any kind whatsoever, by reason of injury to property or third i person occasioned by any act or ommission, negleCL or wrong-doing a of Developer, its officers, agents, employees, invitees, con- tractors or other persons with regard to the performance of this contract and Developer will, at their own cost and expense, i defend and protect, against any and all such claims and demands. IN WITNESS WHEREOF, this instrument is executed by said day of ~,;.1•_~.(> Y , 1984. parties this the / i CITY OF DENTON, TEXAS J BY: ICJARD 0. STEW , AYOR ATTEST: Y CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS Y1 APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS j> BY: o, INV-% LOOP 2 PLAZA JOINT VENTURE, INC. BY: JgeVL. us n, enera -Partner T ource interests, Managing Partner For TriSour'ce Partners, Managing Partner WATERLINE OVERSIZE PARTICIPATION AGREEMENT/LOOP 288 JOINT VENTURE, INC./PAGE 2. f i r tr I,. ~ 14~r 1f <.`t r• ~c~•i6 3 wd_+4 ~~t.7 y~~~}~. y~r r~~'?~• i ~ 1 " ' r; ~ . b Rr ~ •,t"'~ ~ 9 r<r1 x'fi, i " } 1., ~r J } 1 dw y ~yu+Yi'~17• li j t . ,.l. I vo• - _J b _ l s ee~er' T aso e~ MI - .,o e.... r n» Its a. 14, 1 1 i 1 ~ a R I r+w lnlrl•+ i n L•3,9 fS r„' LOT I • It LOT 2 u•s:•o4s~ (4. IN AC) 3 I ' i Z o .r c~erFl; i B 0 C K ONE rgivsh.ssi~.1 , I ^.Pf4/.CIF ~ I 1U_71=1VIi_Y ? ACIGL I w R 3 O a 1.0 C y /1 r w o r i T., e 2.IJ4 AC1 LOT I • 4,. , , s, 4.44 I I j tie3 ~s. s.e+ ~ i , ~sce' SC39=S~-~ 3 o LOT 2 e VULT!FSF.41L1 1 r i1; =t I: h 49.13 49606 ' pq~ it '~'"g ~ ,L OUP it ~ yLA•ZA .,To~rltf I~E~jvRE . b r.. 10 " L1d~AAr_ ~.k':`Ee! «~<.Yt.>" ay t ~ r J'°. a J i` Sy~hyp,ti C(:'°~,'a~i La` .!~~!t. C.~ti...i' ~ ~~R~'a;:z.`i~. r~ f ~m~~rO SQD .+fuf'Y H1 Pf't' PLAWT ]C 7C 1F 4 7 9 \ - - is i 71: r4 . • t~ y t ~ fr (cast -lift s L 3 _ c t Z6 - - f i y r• g CITY OF DENTON,TEXAS ALTERNATE NO S COMPUTER PNDEX MAP y '77~ I = .i•.a~Y.f 1~i1:~.n, t• ~.cti~i 1 .r r..•i..w t.r. r+r ..i•. +,.1. w All i dip (pe dg e th- Tho r r p s o r j. July 31, 1984 Kathryn Usrey City of Denton 324 E. Mckinney Denton, TX 76201 Dear Ms. Usrey, ibis will confu m our telephone conversation regarding the "Basic Supervision In-house to be presented to your group on September 6, and 7, 1984 by Chuck Daniels. we are very excited about working with you and lcok forward to a very successful day. The cost breakdom for the are-day in-house seminar will be as follows: 1. $49.00 per person for • Animun of 35, or $1715.00 per day. 2. $36.00 per person beginning with the 36th participant. 3. Padgett-7t=pson would provide the presenter, the workbooks, and all handout materials. 4. Your Organization Could provide the meeting room and lunch, coffee, or solf drink breaks. 5. Yom Organizati,~z Could provide hotel lodging, meals, and any ground transportation, and the cost of a round trip coach airfare from Kansas City, MO. for the presenter. (these prices are guaranteed for 30 days) Listed below are s)me tips for the physical set-up of the meeting room, based on our expexience: 1. Meeting roan should be classroom stylt with at least 24 inches of table space per person. 2. We will need a large filp chart, or blackboard and stand-up podium and a riser at least 8' X 121. 3. It is advisable to have coffee available throughout the day and soft drinks in the afternoon. Padgetl•Thompson 0 6595 We ' 110th Street • Overland ParA, Kansas W10 • 913.381-9910 s ~ ? ~ c 4. r / ~ V~ ~ ' 46 The usual schedule is as follows: 8:30am registration 1:00pm seminar resumes 8:45am seminar begins 2:15pm soda break 10:0Cam coffee break 2:30pm seminar resures 10:15am seminar resum s 4:00pm seminar concludes 12:00n lunch This is, of course, flexible and we will be glad to work with you on it. (lease look over this contract and if you have any questions or need any additional information, please call TOIL FREE 1-800-255-4141. Please make a sleeping roan reservation for chuck Daniels to arrive Septanber 5, 1984. Please have the roan quaranteed and held for late arrival and have the confiumation sent to Padgett-Thonpson. After approval of the above, please sign the copy I have enclosed and return it in the envelope provided. Sincerely, PyADG9T7P /T11[.f-TPSCN Michael 11. Sweetser Director of In-house Services Accepted this daY of c %1984 CITY OF D by : - Sleeping Roan tion Meeting Room Location A~XJB ATI~EI►0 Nft a" OF NAVA Im PP. 61 dP~ t r~ C7r,~ r CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 566-8200 September 6, 1934 Loop 288 Plaza Joint Venture, Inc. ^1 10000 I . H. l UW, Su",e 41E San Antonio, Texas '78136 Re; Waterline Uversize Participation Agreement City of Denton, "Texas Gentlemea: We are enclosing herewith the original copy of the Waterline Ovei;ize Participation Agreement with the City of Denton. 'f1ii5 Agreement was approved by the Denton City Council at their meeting of September 4, 1984. Please execute this document and return to my office as soon as possible for filing with our official City documents. We appreciate this opportunity to work with you, if you need further assistance, please contact us. Very truly yours, TZwe/sv/ R. E. Nelson, P.E. Director of Utilities gcr cc: Charlotte Allen, City Secretary L. David Ham, Asst. Dir. of Wtr/WW Utilitie., file Encl. Waterline Oversize Participation Agreement -9/4/84 3156U:10 WATERLINE OVERSIZE PARTICIPATION] AGREEMENT THE STATE OF TEXAS 9 K14UW ALA. MEN BY THESE PRESENTS: COUNTY OF DENTON 9 That Whereas, Loop 288 Plaza Joint Venture, Inc., 10000 I.H. 10W, Suite 41E, San Antonio, Texas 78236, Telephone Numner (512) 690-0000, is the Developer of certain property shown on the attached map, which map is incorporated herein as is set forth in full, and further described as property on Loop 288 and Audra Lane, and Developer desires to serve such property with 926 feet of onsite waterline facilities; and WHEREAS, the City of Denton desires that such onsite waterline facilities be oversized and the City of Denton will participate in the additional cost of the oveLiized facilities for approximately 926 feet, pursuant to the provisions of the Denton Development Code, Appendix A, to the Code of Ordinances of the City of Denton, Texas; ~7 L NOW, THEREFORE, this Agreement, made this C/ day of 1984, by and between LOOP 288 PLAZA JOINT VENTURE, and the CITY OF DENTON, TEXAS, a Hone Rule Municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 20' waterline and appurtenances to serve the property described on the attached map in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is made a part hereof for all intents and purposes. The engineering design and easement purchases will be paid by the Developer. 2. The City of Denton estimated cost of oversizing said facilities $21,761 (92f:' x $45-$21.50) for construction only. Upon completion of construction and acceptance by the City of said facilities, the actual cost of the city's oversize partici- pation in said facilities shall be determined and certified to by WATERLINE OVERSIZE PARTICIPATION AGREEMENT/LOOP 288 JOINT VENTURE, INC./PAGE 1 the Director of Utilities of his designee, and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptan:a of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any acc or ommission, neglect or wrong-doing of Developer, its officers, agents, employees, invitees, con- tractors or other persons with regard to the performance of this contract and Developer will, at their own cost and expense, defend ind protect against any and all such claims and demands. IN WITNESS WHEREOF, this instrument is executed by said parties this the ~Y day of ,/.4 r , 1984. CITY OF DENTON, TEXAS BY: i 'A YARD O. FS TEW A , AYOR ATTEST: CHARLOTTE ALLEN, CI Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1. LOOP 288 PLAZA JOINT VENTURE, INC. BY: WATERLINE OVERSIZE PARTICIPATION AGREEMENT/LOOP 288 JOINT VENTURE, IFC./PAGE 2 o vat a i I ' I ]•i~•S3 LOT I ; . l0'r 2 r. ~'s a se ' ~ Y9 Si 7 I i B C O C K ONE C4 P" f Pilf 4IA F ~Il.sss ~e r s e 4 I O u I a l 3 F = ca - GM191[S 7 0 N---9~IIYl' ~ ! I BLOCK Tjyp ' z.zo3~c1 LOT I 727 ( n o LOT 2 0 :..f E ;l 151 I ;rl 1 ' : ` h aa'~] M X90 C6 Y.♦ I L ,G OOP p~ Pu7rf fa.,tlT ✓E~Jjcl e E 0 - ,jam T ~,Ye~a SO D O ►3 L'v .u.. •r ~nv~'Y' aJArlR i r s - lift L J~-~' r - u z - 777 - - 1 ~ 111 - t ZE: \ ' `tirr^~••..rr ......•...Aw.«...•n r..... 111/.r . • ~ ~ - = CITY OF DENTON,TEXAS :a.. ALTM44TE !:0 3 _ .i`;:~. S :ii :a+~c•a.i+o.•~ CGti1PUTER o~CEXMAP r M• P 0- 1 t { NO. 1 ~ 'S AN ORDINANCE A14ENDING THE ZONING MAP OF THE CITY OF DENPON, 1 TEXAS, AS SAME WAS ADOPTCD AS AN APPENDIX TO THE CODE OF ' ' ORDINANCES OF THE CITE OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 52 ACRES OF LAN. LOCATED AT THE NORTHWEST CORNER OF LATTIMORE STREET AND AUDRA LANE, AND IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FUR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE FAMILY "SF-7' AND AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOP- MENT "PD" CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR i AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the zoning classification and use designation of the following described property, to-wit: BEING a survey of a tract of land in the William Lloyd Survey Abstract No. 773, Denton County, Texas; and being a part of a I certain tract conveyed by Dora Gladys Martin to M. L. Barr by deed dated 4-29--36 and recorded in Book 257, pg. 3451 Deed Records of Denton County, Texas; and being more particularly described as follows: BEGINNING at an iron rod in the west line of said Barr tract that is north, 16.C feet from he :southwest corner of said Barr j tract (said southwest corner being the south line of bid Lloyd Survey); THENCE north 00034'10" east, 648.33 feet to a fence post for a corner; THENCE east, along a fence, 1151.32 feet to a fence post for a 1 corner; THENCE south 46045133" west along a fence (the centerline of an abandoned lane), 969.68 feet to an iron rod for a corner in the south line of said Lloyd Survey in Audra Lane; THENCE west, along the south line of said Lloyd Sutvey, 94.86 feet; THENCE north 00034'10" east, 16.0 feet to a point in a fence; THENCE west 356.67 feet to the point of beginning and containing A` 12.091 acres of land. All that certain 40.227 acre tract, or parcel of land situated' in the J. D. Lilly Survey, Abstract No. 762 and tKe William Lloyd Survey, Abstract No. 773, City and County of Denton, Texas; said tract being tract occupied on the ground as tracts' described in deed from Bishop Neeley to G. H. Neeley as recorded in Volume 1501 Paye 325 of the Deed Records of Denton County, Texaa; said tract being further described herein by metes and bounds as follows:.' BEGINNING for the southwest corner of the tract being described herein, at the center of crosstie corner post in the north line f of Lattimore Street at the southeast corner of Lot 18, Block Six,: Z-1677/DELWIN MORTON/PAGE 1 ; r' ' • .3 v1¢::tt}~.Sl,'°'f7Y^: r1':G ..rr•r-.- .a My Mozingo Subdivision 140. 2 as shown by plat of same recorded in Volume A, Page 8 of the Plat Records of Denton County, Texas; THENCE north 0°19' west 1598.5 feet along the general course of E Block 6 and Block 4 of said Mozingo Addition to an iron pin set at the northeast corner of said Block 4, Mozingo Addition and in the southeastern line of the T. 5 P.R.R. right of way; THENCE north 68037140' east 1036.3 feet along said railroad right of way to a 6 inch fence corner post at the northwest corner of tract described in deed to Chester Sparks as recorded in Volume 386, Page 573 of the Deed Records of Denton County, Texas; r THENCE south 01008130" east 1967.8 feet along the yeneral course Iit of old fence lines to an iron pin set in the north line of said Lattimore Street (unplatted at this place); THENCE south 89*- " west 995.4 feet along the general course of existing fence long the northern side of Lattimore Street to the place of be.,_.tning. is hereby changed from Single family 'SF-7' and Agricultural 'A' District Classification and Use designation to Planned Development 'PD' Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. 'r - That prior to issua-.ce of any certificate of occupancy for the use of any building %ithin the planned development diL~~ict, the following conditions shall be met: f 1. Electrical service, except for distribution feeder] lines, shall be provided by underground facilities. " 2. All lots used for single family detached housing shall be a min' of 6,000 square feet in area (60' X 100' typical _ ize). SECTION III. That the development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes.; The Zoning Map of the City of Denton, Texas, adopted the t 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 specifications. 1`. SECTION IV. y: h r That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among Jk other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, p_otectiny human lives, and encouraging the most appropriate use-7 of land for the maximum benefit to the City of Denton, Texas, and its citizens.' Z-1677/DELWIN MORTON/PAGE 2 y r4 P R`-Y..T„'Gi~A ~Ay !":gG i ~ F1r 9 "T' - 7 _.i. r T f ' i - P.T. S r n,r} y 'off r 1. j i SECTION V. r"'r That this ordinance :,hell be in full force and effect ` immediately after its pa,sige 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 3iving dje notice thereof. PASSED AND APPROVED this the day of *,~ARDA STE RT , M F NTON, TEXAS ATTEST: aj7 CHARLOTTE ALL,N, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS t. BY: l7 yy) r~ w a n+ ?a ' a 5 k 't J Z-1677/DELWIN MORTON/PAGE 3 r t t 1 _y ~t 1 1 1 ! • i S ~ '~IIC'~~1 p - , r F E fi I t II . ` rI ` ~ _ ~ L S { dbv IV Y ~ f 9 ~~wb 71 I~~ i ;i ' , •n ' I/ In. n -I h n - n -I~ , , ~~11 ~ ~ L..} ~"'-I 1 ~ 1 • I ~ ~ 1 I,'n. _""ice-p~--.~ 1__ ` I 1 I I L4 lU 1 ~ I{ 1 .l. I 0~ -r i- J {I 1 ~ r11 ~a r y' J t 7j er J 08B5L (18L) i NO. AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON AND GEO-CON, INC. FOR MATERIALS, LABOR AND WORK TO BE PROVIDED IN CONNECTION WITH THE DEVELOPMENT OF THE CITY'S SANITARY LAND- FILL FACILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has, in accorel9nce with state law and city ordinances, solicited bids for materials, labor and work to be provided in connection with the development of the City's sanitary landfill facility; and WHEREAS, Geo-Con, Inc. has submitted a bid to perform the work and the City Council has determined that Geo-Con, Inc, is the lowest responsible bidder for the labor, materials and work to be performed; and 1~-",EREAS, Section 2.09 of the Charter of the City of Denton, Texes requires that every act of the Council providing for the exp:nditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEPEBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Geo-Con, Inc., providing for materiels, labor and work to be provided in connection with the development of the City's sanitary landfill facility under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall Secome effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1984. RICHAR 0 SSTEWART, dIAYR CITY OF DENTON, TEX/.S ATTEST: CHARLOTTE ALLEN, CITY SrCR-ETXYY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~tL C0,NfkACT AUiI!'1rmENT STATr OF ThXAS }l ::uWNTY OF DENTON This AG1Zl;c:I.lENT made ana enteree into this 5 day or September A.U., 19 84 oy and between The City'of Denton Texas of the County of Denton anu State of Texas, acting ttlrou8h• G Chris Hartunc City Mpanaa= thereunto kluiy autnori.ec so to uo, Party o: tae rirs~ Ysrt, nereinafter termeu the Unishx, ane Geo-Con Inc.. 13601 Preston Rd., Plaza #448, Dallas, TX 75240 of zhe City of Dallas _ County of and state of Texas Party oz the ~,econu ?art, hereinafter termeo CU:YfrtP%C•lU~. WIT:`ESSLT h That for and in ccnsic'eration c: the payriencs anc agreements hereinafter mentionec, zo be mace and perfortaeL by the Party of the First part (Uv~Nh ) , aad unuer the cony tions ex-ressed in the bencs oearing even date herewith, the sago Part;' o: the Second Part l CuNl kn~l urt 1 hereby a8rees •:ich the Saic Party Of the iirSt Part (U~~NLNj i0 COGi;IlenCe and complete the construction of certain i;;tprovements cescri0ea as r0=lows: Bid #9315 Bentonite Slurry Cutcff kall $97,300.00 as Per Proposal Attached ana all extra work in connection therewitn, uncer me terc:s as statea in the General Lonaitions of the agreement; ana at his (or their) own proper cost ane expense to furnish ail materiais, supplies, machinery, e%~uipwent, tools, superintenaence, labor, insurance, ano other accessories ana services necessary to complete tree saiu construction, i.. accoroance witn the conditions anc pricas statea in the Yrooosal attacheu hereto, ana in accoroance with all tae General COnaitiOnS of the agreement, the Scecial Conaitions, the ~rotice to bidoers (Advertisement for nics), instructions to 8ioder5, and t,?e Performance and Payment t5oncs, all utzacnea hereto, anc in accoraance with the plans, "nicl] incluaes a2_1 .maJs, piars, blueprints, anu Ot.'ler Uraw'ingS anc printer or I CA-1 written explanatory matter thereof, and the Specifications tnerefore,•as prepares by HDR Risa W. Fisher. Project Manager all of wnicn are maue a part hereon ana collectively eviuence t and constitute the entire contract. The CUATRACTUR hereby agrees to commence work on or after the bate establisned for the' start of work as set forth in written notice to commence work ana comple%c all worx within the time stateu in the Proposal, suoject to such ext-ensions of time as are proviaad by ti;e General ana Special Conch:ions. The UANER agrees to pay the CUNTitACTUR in current funds the price or prices shown in 1:ne Proposal, *»nich torms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. 1:~ i4ITIN ESS iv hh1<EUF, the parties of taese presents nave executea t•nis agreement in the year ana say first above written. ATT EST Par:y of the rirs: Part, Harty t the ~)econu art, (UwnerJ lContractor) ~~co(-tom -oc L:1, By (SrAL1 T ATTEST: aPP:cUb'riL AS TU I-QRJi: Attorney C.a - 2 BID 9315 PROPOSAL: TO THE CITY OF DENTON, TEXAS For the Construction of BENTONITF SCURRY CUTOFF WALL IN DENTON, TEXAS 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, 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-inciiental 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 therei^ set forth. It is understood that the following quantities of work to ,3e done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating Mids. 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, :ad that all quantities of work whether increased or decreased aie to be performed at the unit prices set forth below excep* as provided for in the specifications. It is further agreed that lump sum prig?s may be increased to cover additional work ordered by the city, but not sbown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P - 1 It is understood and agreed-that the work is to be completed in full within forty 40) -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 biddez 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 Ownec, and shall be considered as payment for damages du, 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. The undersigned hereby pLoposes 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: _ I f P - 2 BID SUMMARY as SLURRY CUTOFF WALL.- Approximately 70,000 sq. ft. et S l per foot = $3 -OfTota TOTAL BID PRICE IN WORDS ryn- t- P'r " In the event of the award of a contract to the undersigned, the • undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee-the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. it is understood that the work proposed to be done shall be accepted, when fully completed and fin's7ed in accordance with the plans and specifications, to the s_ sfactiou of the Engineer. The undersigned certifies that the .id ;-ices contained in this proposal have been carefully checked an- are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CON'T RAC C OR By O r Street Address city and state Seal s Authorization If a Corporation) Telephone 7 P - 4 . _ j BOND NO. 925E3569 IASYAAAce FROM American Casualty Company . ; . of Reading, Pennsylvania CNA Plaza A Stock Company , Cnicago, Illinois 60685 , . ,,1 • , , THE AMERICAN INSTITUTE OF AR -F+ITECTS AIA Document A31 f Performance Bond KNOW ALL 10EN BY THESE PRESENTS: that Me rrr f,1' a,e add,ns w Iepar rck„- enmoro,l GEO-CON, INC. 13601 Preston Road Dallas, Texas 75240 as Principal, hereiliafter called Contractor, and, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, CNA Plaza, Chicago, Illinois 60655 • as Surety hereinafter tailed Surety, are he;d and firmly bound unto City of Denton 1Hvv nwzIA'I name and.dd,nr nr lesal tah n1 O.nrr, Denton, Texas as Obligee, hereinafter called Owner, in the amount of NINETY SEVEN THOUSAND TY.REE HUNDRED AND 00/100-----------------°--------------------------------------------- Dollars (597, 300.00 N t for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement datedSepteftber 17r19 84 , entered into a contract with Owner for Bentonite Slurry wall for job reference #9315 in accordance with Drawings and Specifications prepared by u4re ....e,r r, ?I nrr "'d +66'n• nr Irpal nCr r r Artnn err which contract is by reference made a part hereof, and is hereinafter referrcd to as the Contract. AIA DOCUMENT A111 -PERTOR,MANCE BOND A~r) LA90R AND n14TERIAI PAN',%t ,T BOND - AIA C 20006 Ff8RllAR1', 1470, ED. • 1HE AMERICAN INSTITUTE Or ARCHI If Cl';, 171; N,N' AVE . NW, WASH., ITC form 6 21195•C aaaaaaaaaa~~ V American Casualty Company of Heading, Pennsylvania /x4LxLLMCl fp®®Y oIl¢esdChieago, Illinois POWEP OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•IN-FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. a corporation duly erganl;ed and existing under the laws of the Commonwealth of Pennsylvania, and having its principal otbce in the City of Chicago. and State of Illinois, does hereby matte, constitute. and apMnt _ o-Raa Veha'G. Ir.dividi_a7,1 of Pittsburgh, Pennsylvania - its true ane lawful A-orneyin•Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds. under- takings and otter obi gatory Instruments of similar nature as follows: - Without Limitations - And to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA the~.eby as fully and to the same extent as d such instruments voere signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is mace and executed pursuant to and by authority of the following By-Low duly adopted by the Board of Directors of the Company: "Article VI - Execution of Obligations and Appointment of Attorney-in-Fact Section 2. A7pointm¢nt of Attorney-in-fact. The President or a Vice President may. from time to time, appoint by written certificates attormil io-fact to act in behalf of toe Company in the execution of policies of insurance, bonds, underakiris and Wrer obli Fatory i~tstruments of like nature. Such attorneys-in fact. subject to the limitations set forth in their respective certificates of authority, shall have full Dower to bend the Company by their signature and execution of any such instruments and to attach the se3i of the Company thereto. The President or any Vice Presidili the Board of Directors may at arty tome revoke al; power end authority previo„sly given to any attorneyin•ract." This Power of AY.omey is signed and sealed by facsimile under and by the authority of the foflcoodi Resolution adopted by the Board of Directors of the Company At a meeting duly called and held on the 11th day of November, 1966: "Resolved. that the signature of the President or a Vice President and the seal of the Company may be aPfixed by fili on any power of attorney granted pursuant to Section 2 of Article VI of the By Laws, and the signature of the Secretary or an Ass'stant Secretary and the seal of the Company may be affixed by facstmila to any certificate of any such power and any such power or cii Wocate bearing such facsimile signatwe and seal shall be valid and binding on the Company. Any such power so executed and sewed and certified by certificate so executed and sealed shall. w4h respect to any bond or underiaking to which it is eT.ached, continue to be valid and binding on the Company" In Witness Whereof, IMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA has caused these presents to be s'gned by its Vice President and its corporate snot to be hereto affixed this 20th day of - December 1g 53 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 3 ,,ua'n.,y a State of Illinois) 3 u'" County of Cook (ss r'v s-~-'•'i r J. E. Purtell Iii President Oa this ^~Oth day of De~gm}~e~ 19 83 , before me personally came J. E. Purtell, to me llin"n. who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING. PENN- SYLVANM4 the Corporation described in and which executed the above instrument; that he knows the seal of raid Corporation; that the seal affixed to the said :nstrument is such corporate seal; that it was so affixed pursuant to euthoriy gisen by the Board of Direc• tors of said corporation and that he signed his name thereto pursuant to like sutnoriry, and acknowledges same to be the act and deed of said corporation. PUBLIC . ueuc Leslie A. Smittfiptary Public. da.. CERTIFICATE My Commission Expires November 12, 1 I, M. C. Vonnahme Assistant-SeCrttary Sl AMERICAN CASUALTY- COMPANY OF READING PENNSYLVANIA, do certify that the Power of Attorney herein above set,fr,rth is still in force, ant further certify that Section 2 of Article VI of the Bytaws of the Company and the Resolution of the;Boatd of, Directors, set forth in said Power of Attorney are slat in force. In testimony whereof 1 have hereunto subscribed my namE;'artd of fixed the seal of the,, said Company this 17th day of 19 64 11I 1 1, Se2t~ 3l r J---} ~ / s r et use M, C. Vonnahne Assistant Secretary. 111,1ios r BOND NO. 9258569 American Casualty Company of Reading, Pennsylvaniar CNA Plaza A Stock Company Chicago, Illinois 60685 THE AMERICAN INSTITUTE OF ARCHITECTS...:' AIA Document A371 { t Labor and Material Payment Band THIS BOND 15 ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDIT'.ONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that GEO-CON, INC. Mere inxrt lull name and address or leaaf ,Ide of Contractor) I 13601 Preston Road ~ Dallas, Texas 75240 as Principal, hereinafter called Contractor, and, AMERICAN CASUALTY COMPANY OF READJNG, PENNSYLVANIA, 310 South Michigan Ave., Chicago, III. f as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and eddrm or IeAai I-Ile of (Tamer) City of Denton Denton, Texas as Obligee, hereinafter called Owner, for the use and benefits of claimants as hereinbelow defined, in the ~ =•l amount of NINETY SEVEN THOUSAND THREE HUNDRED AND Dollars ($97,300.00 00/10 p_JHere inert a sum equal to at lettl r e half of the contract DriceL - _ - for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated SeptLTrber 17, 19 84, entered into a contract with Owner for Bentonite Slurry Wall for job reference #9315 in accordance with Drawings and Specifications prepared by (Here nwt 10 name and addrcts or le5al tide of Arched which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMkNCE 80NJ AND LABOR AND tAATERIAI PAYMENT BO."D - AIAe FEBRUARY, 1E70, ED. • THE AMERICAN Jam' TITJTE OF ARCHITECTS, 1735 N.Y. AVE., NAV., WASH., D.C. 70006 'American Casualty Company of Reading, Pennsylvania rNsux"NCt rn~ar CNN E Olfices'Chieago,Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•1N-FACT E Know All men by these Presents, That AMEEI;AN CASUALTY COMPANY OF READING. PENNSYLVANIA, a corporation duty organized and existing under the laws of the Commortwealth of Pennsylvania, and hatmg Its principal office in the City of Chicago. and State of Illinois, does hereby make, constitute and appoint Thnt^~c L- V h~ar~ 1nr;jvi~ +11y.i of Pittsbvrgh, Pennlvania Its true arc: lawful Anzirney-m-Fact with full power and authority he'eby' conferred to sign, seal and execute in its behalt bonds. under takings and other obligatory instruments of similar nature as foliows: - Without Limitations - and to bird AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized oCirers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney. pursuant to the authority hereby given are hr•etyy ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the folio-ins By Law duly adopted by the Board of Directors of the Company: "Article VI - Execution of Obligations and Appointment of Attorney-in-Fact Section 2. ADpolntrrent of Attorney-on fact. The President or a Vice President may. from time to time, appoint by written certificates attorneys in-fact to act in brhalf of the Company in the execution of policies of Insurance. bonds, undertakirgs and other obligatory instruments of like nature Such attorneys-In fact, subject to the hmitatrons set forth in tear respective certificates of authority shall have full power to bind the Company by their signature anC execuGOn of any such instruments anC to attach the seal of the Company thereto, The President or emu Vice Preslcent'er the Board of Directors may at any time revoke al: power and authony previously given to any attorney-in-fact." This Power of Attorney is signed and sealed b - + facsimile order and by the authority of the following Resolution adopted by the Board of Cirectors of the Company at a meeting duly called and field on the 11th day of November, 1966: "Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsicide on any power of atto-n:y granted pursuant to Section 2 of Article VI of the 3y-Laws, anD the signature of the Secretary or an Assistant Sec,etary and the seal of the Company may be affixed by facs,mi'e to any certificate of try such power and any such power or cer- tiW.ate bearing such facsimile signature and seal shall be valid and birdmg on the Company. Any such power so executed and sealed and rerbhed by certificate so executed and sealed shall, with respect to any bond or undertaking to which it s attached. cent nue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PE14NSYLVANIA has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 20th day of _ December , 19 83 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~x°rr~a f State of Illinois County of Cook } ss~ e ^ J. E. Purtell Vice Presidcnl. On this 70th day of DeCetbber 19-83 before me perscnalty came J. E. Purtell, to me known, who, being by me duly sworn, did depose ar,d say: that he resides in flit Village of Glenview State of Illinois; that he is a Vice President of AMERICAN CASUALTY COMPANY OF READING, PENN- SYLVANIA, the corporlition described in and which executed the above ristfument; that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal: that it was so agixed pursuant to authority given by the Board of Direc. tors of said corporation and that he signed his name thereto pursuant to tike auiho(ry, and acknowledges same to be the act and deed of said corporation. PUBLIC + V1 IBC \r~ ..41 t1l,Lt.l~ / 11 BLiC~ 1, fIVV Leslie A. Srlit1{iotary Public. Cf RTtFlt.1'T_ My Commission Expires November 12, 19 I. M. C. Vonnahme Assistant Sacrelary of AMERICAN CASUALTY COMPANY OF RJIDING PENNSYLVANIA, do certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the By-Laws o' the Company and the Resolution of the boa rd of Directors. set forth in said Power of Attorney are situ in torte. In testimony whereof I have hereunto subscnu t my name and affixed the'seal of the said Ccmpany this ih--- day of ant Secretary. ( Assist + N. C. Vonnahte 8-23142-B C74 D;r~.. ~r a M2 AND ADDRESS OF A5ENCY ' COMPANIES AFFORDING COVERAGES FRED S JAMES Er 60 INC OF PA COMPANY AAETNA CASUALTY & SURETY 600 GRANT STREET.- SUITE 2950 LETTER i PITTSBURGH PA 15219 COMPANY MIDLAND INSURANCE COMPANY i LET-TEA '%4WEAND0:ORESSOFINSURED STANDARD FIRE INSURANCE CO. COIAPANY LETTER C GEO CON INC COMPANY p 1360: PRESTON ROAD LETTER DALLASF TX 75240 coMaANr E LETTER THIS K to Certdy Inat pdliClet 01 w5uran:e I,sled oelOw have been iSSueo 10 the"insured Iran ed aDove and ale in force at Inis lane. N0lwilhsldndmp any redlLrement• lean or oohd~tlon Ot any COn:racl or otter document with respect to which tY,s C2rtd,0ate may be issued or may pertain, Ine insurance: horded by the policies described li is tub!ecl to 811 Ine Terms exclusions and Conditions of such ;Dhciet _ POLICY LIM TSOF L149.LITY IN THOJ5A%DS10001 COMPANY rYPE OFIhSURANCF POLICY NUMBER w L[tteA EAPIRAnON DATE OCCIL EJIACL E AGGREGATE A GENERAL LIAR{LITY 003GL203478C 04/01/85 BODILY INJURY s COVPRENENSIVE FOAM PRE P1 ISES-OPE RATIONS rROPERTY DAMAGE s EARL0310N AND U COLLAPSE HA24FD RD UNDERGROUND HAZARD Ig PRODUCTSCOMPLETEO. 1 LyJ OPER47rON5 HAZARD BODILY INJURY ANU f CONTRACTUAL Y,SURANCI PROPERTY DAMAGE 500 500 BOOND FORM PRS>EATY COMBINED j ~ +NDEP, CONTRACTORS PERSONAL INJURY PERSONAL INJURY f PoD'LY IvuR• t j A AUTOMOBILE L1ABkITY 003PJ060620C 04/01/85 (EACH PERSON TI COMPREHENSIVE FOR- BODILY INJURY KI OWNED EACH ACCIDENT; t HRED PROPERTY DAMAGE It ~j GO INJURY AND 1 ~ NON OWN ED PROPERTY RTY Tr DAMAGE 500 E EXCESS LIABILITY UL767183 04/01/85 COMBNFD BODILY INJURY AND i ® UMBRELLA FORM PPOCEHTY OAM,4GE O OTHER THAN UMBRELLA t 5000 S SOOO f FORM COMBINED i C WORKERS' COMPENSATION 003CY33304CP 04/01/85 STATUTORY and EM AS' LIABILITY T lO0 !EACH ACCIDENT) O (HER Axis DESCRIPTION OF OPERATIONSILOCA7IONS VEHICLES BENTONITE SLURRY WALL REF.#9315 e CanceViltion: Shccld any of the above described policies be canceled before the e).piralion dale Inereol, the issuing compan4 will endeavor to mail 10 days written notice 10 the below named Certificate holder, but failure 10 mail such notice shalt iro• pose no obligation or liability Df any kind upon the Company. NAME ANDIDDRESS OF LEFT FICAIE HOLDER 09/14/84 DATF ISSUED CITY OF DENTON DENTON, TEXAS ` / I/ AU n. REED P£FgE RwATIYE 4CORD 2' i 1 7PI x.14 1S?kGE148 CC-215- EASEMENT. Martin Sutionery Co.. Daaas REA1 PROPERTY RECOROS THE STATE OF TEXAS, KNO1Y ALL MEN BY THESE PRESENTS: COUNTY OF THAT KAT REALTY CORP. of DENTON COUNTY, TEXAS in consideration of the sum of one dollar ($1.00) and no cents-------------------and other good and valuable consideration in hand paid by The City of Denton, Texas receipt of which is hereby, acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by . Situated in Denton County, Texas, in the 0. S. Brewster Survey, Abstract No. 56 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 O.S. Brewster survey, Abst. No. 56, and being part of Lot No. 1, Block 1, of the Jupiter Industrial Park, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Robert W. Jones and L,A. Nelson, Jr. to KAT Realty Corp. by deed dated 10-12-79 and recorded in Volume 930, Page 946 Lf the Deed Records of Denton County, Texas, and more particularly described as follows; Beginning at the northeast corner of said Lot 1 Block I of the Jupiter Industrial Park, said point lying in the west right-of-way line of I.H. 35W; Thence South 21057'20" West along the east boundary line of said Lot, same being the west right-of-way line of I.H. 35W, a distance of 17.28 feet to a point for a corner; Thence South 89043'30" West 16 feet south of and parallel to the north boundary line of said lot, a distance of 1112.22 feet to a point for a corner in the west boundary line of said lot; Thence North 2005'I0" East, along the west boundary lire of said lot, a distance of 16.01 feet to a point for a corner, said point being the northwest corner of said lot; Thence North 89043'30" East, along the north boundary line of said lot, a distance of 1118.1 feet to the place of beginning. And it is further agreed that the said City of Denton, Texas in conside:ation of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of construction, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, vviih the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representativ-s having ingress, egress, end regress in, along upon and across said premises for the purpose of making additions to, impro-rements on and repairs to the said public utitilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid fcr the purposes aforesaid the premises above described. Witness my hand this the 31st day of August A.D. 1984 KAT REALTY CORP. By: WISCuSSIN ACKNOWLEDGMENT VCL14r1tl-'# ?AGE 149 THE STATE OF TEXAM, COUNTY OF Kenosha } BFFORE 31E, the undersigned authority, on this day personally appeared Donald A. Franks , Vice President ~1 1 known to me to be the person whose narne subscribed to the foregoing instrument, and ackrfow • ' 1 he executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 31st day f August,` 8Rar a ry Public, in and for th Sin My Cum ss.on Expires ? _ ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE MP, the undersigned authority, on this do-, personally appeared known to me to be the per so+r whose name subscribed to the foregoing instrument, and acknowledged to me that he. executed the game for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19.. _ tL.Sj Notary Public, in and for the State of Texas. My Commission Expires _ CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.. on this day personally 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 some as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of----- A.D. 19._..... (L.S.) Notary Public, In and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, County COUNTY OF I. 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 tiled for record in my office on the - day of A D. 19 at o'clock M., and duly recorded this day of _ . A. D. 19 at. _ o'clock M., in the _ Records of said County, in Volume.. on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT o! said County, at office In , the day and year Last ebove written. County Clerk County, Texas. (L S.) By Deputy. t I`E I o a. g 6 lam. I I v RA n ~s ~pJ~ ~ E ~w t9'~ ~ d ♦e N K If Q W 1 ty ! W pl K ~L 47. C 0 Z: i i a, Q or \ 01 E_~ r rl E-f3 r HI 4 !?e ra w E~: I1 cc.z/5-enseMtrr-. REAL PROEM RECORDS Martin statio cry CO.. Dallas V~. THE STATE OF TEXAS, ,zw2 KN015' ALL NlE\ BY THESE PRESENTS: COUNTY Ot' DENTON THAT John D. Earhart and wife Donna E. Earhart of DENTON COUNTY, TEXAS in consideration of the sum of One dollar ($1.00) and no cents and other good and +aluable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them Situated in Denton : ounty, Texas, in the R. Beaumont Survey, Abstract No. 31 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 R. Beaumont survey, Abst. No. 31, and being part of Lo*_ No. 12, Block 23, of the High School Addition, an addition to the City/County of Dcnton, and also being part of a tract of land as conveyed from Raymond H. Carlson and wife Patricia F. Carlson to John D. Earhart and wife Donna E. Earhart by deed dated 3-25-83 and recnrded in Volume 1204, page 464 of the Deed Records of Denton County, Texas, and more pprticularly described as follows: Beginning at the Northwest corner of sail Lot 12, said point lying in the east right-of-way of Malone Street; Thence East along the north boundary line cf said lot, a distance of 10 feet to a point for a corner; 'thence Southwesterly, a distance of 18.03 feet to a point for a corner in the west boundary line of said lot 12, same being the east right-cf-way line of Malone Street; Thence North along the west boundary line of ;aid lot, a Distance of 15 feet to the place of beginning. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of construction, installing, repairing and perpetually maintaining drainage facilities in, along, upon and across said premises, with the right and privilege at all times of tl a grantee herein, his or its agents, employees, workmen and representatives having inress, egress, and retress in, along upon and across said premises for the purpose of makinpadditions to.improvements on and repairs to the said drainage facilities any part tgereof. , td 1 TO HAVE AND TO HOLD unto the said City of Lenton, Texas as afozesaid for the purposes aforesaid the premises above described. Witness our hand s this the ~Q a Alf S tembe A.D. 19 84 0 EARHA:2T 1o ~ -,4 - DO A E. EARHART r. t°"~~lrr~ ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF Denton BEFORE ME, the undersigned authority, on this day personally appeared John , JEarhart and Donna E. Earhart known to me to be the persons whose nam,-S are subscribed to the foregoing instrument, and acknowledged tome that T he V executed the same for the purposes and consideration therein expressed. ~ GIVEN UNDE?t MY HAND AND SEAL OF OFFICE, This day of 7!/T A.D. 196V om N. I~t✓s ti Public, in and for the Stag of Texas. 11, /Af bfy Commission Expiles ..4(..___...._ ACKNOWLEDGMENT THE STii iE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. This day of A.D. 19_ ( L.S. ) Notary Public, In and for the Slate of Texas. My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, t BEFORE, ME, the undersigned authority, COUNTY OF- J on this day personally appeared _ _ - knoam to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same -vas the ■ct of the said _ - - a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of-..._...._.._.-.._..-._-_.----- A.D. 19.... (LS.) Notary Public, in and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, 1, 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 A. D. 19 at o'clock M., and duly recorded this day of. A. D. 19. at _ o'clock M., in the . Records of said County, in Volume...,_ on pages WITNESS MY HAND AND SEAVIDFT'!fE COUNTY COURT of said County, at office ip _..I . . ............................_..,.::_t1.,..,. ~t the day and year last above written. t t County Clerk . County. Texas. e (L. S.) By _ Deputy. c, - J l_ . E . 'I~ l _ ' o G CC C: w J gi A V ~ Ca y to a. ~ I,a E...( q (lffd3 ~\y~//yc,1±~JJ/ is V v E y F t p S' t j u V rs F q O O a 9 o u r~n G., v, G. tLi, A 1 ,yt.V37 UU fs, o. F; v, W a IIV Vi d V`!rv b ^o z ; c ~ I d k1 tt 's1j ~'t W '4 V 'u d u x 1 1 1 rd: eft C E S U'. 0 (aII Y t c THE STAVE OF TEXAS, COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: it That The City of Denton, a Municipal Corporation j ~nw I of the County of Denton and State of Texas , for and in consideration of t'ne sum of --------------------------TEN AND No/100 DOLLARS, and other good and valuable consideration to it in hand paid by Texas Voman's University Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, Inc. & Greater Denton Arts Council 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 Texas Woman's University Foundation, St:lwyn School, Inc., f Eugena Porter Rayzor, Denton Channel Two Fo•sndation, Inc. & Greater Denton Arts Council, thejr su~ces,sors ftexx an assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, to-wit: Easement granted by W. T. Toone and wife Lizzie Toone, rec. in Volume 354, Page 400 Deed Records of Denton County - Filed November 21, 1949 - M.E.P. & P.R.R. Co. Survey Section 45. - 69.65 AC, i I i' i JJI, l~ I, I TO HAVE AND TO HOLD the said premises, together with aII and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Texas Woman's University Foundation, Selwyn School, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, Inc., and Greater Denroq Art? Council theiX successors kRkrA and assigns, orever, so That neither the said I~ City of Denton, a Municipal Corporation, its successors and assigns nor xkjtkU 'Aany person or persona claiming under it shall, at any time hereafter, i have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- i of. ' O~r'p attbv hand at Denton, Texas this day of A. D. 14 84 x1 't am ut f Grantor: -.4C1 F ''c:NTON TEXAS BY: RI RD 0. TEWAAT, MAYOR J3~ I va 1480jm6x932 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME. the undersigmed authority. COUNTY OF I in and for said County. Texas, on this day personally appttared known to me to be the person whose came subscribed to the foregoing Instrument, and acknowledged to me that he. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A,D. 19_ . . (L.S.) Notary Public, _._County, Texas _ bly Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undcriigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledg,,d to me that he executed the same for the purposes and consido,retion therein expressed. GIVEN UNDER All HAND AND SEAL OF' OFFICE, This day of _ A.D. I9.. (L.S.) Notary Public, . County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF. DENTOl- f in and for said County. Texas, on this day personally appeared... Richard 0. St-ewart,._Mayor-.of., tht:,__...-.. City of Denton, Texas - known to me to be the person and officer whose name is subscribzd to the foregoing instrument and acknowledged to me that the same was the act of the raid City ..Council_of the..City.oE-.Denton....Texas._.a.Munir-4,a.... sk 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. 4 GIVEN UN MY HAND AND SEAL OF OFFICE, This. ._.........._._day o~fy. A.D. 19.54- ( lFJIIIERE SWTT `CLLR S'f 4`- - - - 107Powfthdiut Notary Publ c, ..Count/, Texas Inl Ih taminhSM E+prct W~A 7i t~' _ My Commission Expires Tune 1, 19.___ _ CLERK'S CERTIFICATE M THE STATE OF TEXAS, I I, County COUNTY OF F Clerk of the County Court of said County, do hereby certify that the foregoing insuument of writing dated on the day of A. D. 19 with its Certificate of Authentication, was filed for record in my once on the day of A. D. J9 at o'clock M., and dulls recorded this day of A. D.19 at o'clock M., in the Records of said County, in Volume on pages WITNESS FIY HAND AND SEAL OF THE COUNTY COURT of raid County, at office in . , the day and year lost abase written. al,,,t ~i 1 heleb, c:,: Courty C'rerk Count', Texns. dtlt(L%j By Deputy. coded m o, DI tvlm Crtr.. ' J'r' r v 4) eCo ! 1VI -n~ H a~ d = 3 a ^ Q CQUMCIERF,Dantg Carntx. w - ~T11 S o O W N c m. v E z7 n a° p T Ok I C cL w Idi a b1 . u w~ uti b lid ~zN x c' o d < a J~v I a c~ w e Cu REAL PROPERTY RECORDS `%V3 EASEMENT SHE STATE OF TEXAS 3 KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON $ That, Texas Woman's University Foundation, Selwyn school, Inc., Eugena Porter Rayzor, Denton Channel Two Foundation, Inc. and Greater Denton Arts Council, of 'he County of Denton, Texas, for and in consideration of the sum of one Dollar ($1.00) cash to us in hand paid by the city of Denton, Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby give, grant and extend to the said City of Denton, Texas, its successors and assigns, the right to construct and reconstruct an all purpose utility easement and perpetually maintain said ,:asement in, upon and across land described as follows: All that certain 2.233 acre tract or parcel of land situated in the M.E.P. P.R.R. Co. Survey, Abstract No. 927, Denton County, Texas, said tract being part of a tract shown by deed to Greater Denton Art Council and recorded in Volume 1184, Page 563 and part of tract shown by deed to Denton Channel Two Foundation, Inc. and recorded in Volume 1173, Page 834 of the Deed Reoords, Denton County, Texas, and being more particularly described as follows: Beginning for the northeast corner of the tract being described herein at a point south 89056104" west, 219.61 feet from the northeast corner of said Greater Denton Art Council tract; THENCE south 00000'26" east and passing at 689.13 feet, the south line of said Greater Denton Art Council tract and the north line of the said Denton Channel Two Foundation, Inc. tract ar,d continuing for a total distance of 1389.52 feet to a point being north 89051'52' west 209.18 feet from the southeast corner of said Denton Channel Two Foundation, inc. tract; THENCE north 89051152' west with the south line of said Denton Channel Two Foundation, Inc. tract 70.00 feet to a point for corner; THENCE north 00000'26" west and passing at 699.77 feet the north line of said Denton Channel Two Foundation, Inc. tract and the south line of the said Greal:er Denton Art Council tract and continuing for a total distance of 1389.27 feet to a point on the north line of said Greater Denton Art Council tract; THENCE north 89056'04' ea:;t with the north line of said Greater Denton 1,rt Council tract 70.00 feet to the point of beginning. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said all EASEMENT/PAGP 1 purpose utility easement together with necessary appurtenances inside said perpetual utility easement; all upon the condition that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or repair of said public utilities restore said premises as nearly as feasible to tt.e condition in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and that said tract will not be used by said City of Denton, eexas, for any ot:zer purpose, under this grant, except as herein provided. WITNESS our hand, this the day of 1984. TEXAS WOMAN'S UNIVERSITY SELWYN SCM)L, INC. FOU1)ATION BY: 1/ cl rat . ~c+ .Gal ,Co TITLE) (TITLE) t;~j Gi't^ 1)E PN CHANNE.~ TWO FOUNDATION GREATER DENTOIr ARTS COUNCIL 81 : L 1( 4L BY: {T1TL1E) (TITLEY EU3ENA PORTER RAY 012 THE STATE OF TEXAS S COUNTY OF DENTON S instrum-ant was ackn wledged before m. on the ZQ day ro rl , 1984,c 1_~~ , of Texas woman's L-e spiv s t oundation, on behalf of said foundation. ej--; 41 r'•, s~ N PAI< PUB IC a~ DE~NTON COUNTY, T XAS ~,11 wrn 6.. 1'STATE 0.' TEXAS S COUNTY. OF PENTON S VIII flklp 1 r Y rfi, nstrument was acknowledged before me on the 44-7~ day 1984, of Selwyn School, i Z.'IhCS', (%:PbSQhalf of said school. _ TARY P Sy~Gvl~ P~._,• / NOUBLIC Q}'ySO DENTON COUNTY, TEXAS 3ASEMENT%PAGE 2 THE STATE OF TEXAS S COUNTY .OF DENTON S r. This .i t was acknowledged before me on the 1 day of 84, oy ~a cerc , of Denton Channel Two F a on'y,(I; p., on bdhai~of said foundation. NOTARY P'.I LI DENTON COUNTY, TEXAS FpF~iF-' THE STATE OF' TEXAS S COUNTY OF DENTON S This i strument was acknowled ed before me on the day of (C, 1984, `;17L 1/ 1 4r , of Greater Denton Acts C ncil, on behalf o~„ a71i council. 0►.,~,4Y P. 4D 40 NOTARY PUBLIC DENTON COUNTY, TEXAS f hi .4. Co 3U THE STATE OF TEXAS S OFD ~ilaR/S COUNTY OF D&N-TtW S This instrument was acknowledged before me on the /7 L~ day of a s~ , 1984, by Eugena Porter Rayzor. r,r NOTARY PUBLIC DgUT4M COUNTY, TEXAS . x s~'.~' •.,•~\~1' GaolyJs S. Gea1/cr• wog ~l J (?eil7rr,sSio J fxPi~?ES 3aAry- EASEMENT/PAGE 3 SIPZf f.F iFY:~g C u%v Of DE41LA CPLKiY CLEF K, D:^!an Cnun'v, TIM h^a';v r.,;`;y il•,,. ! Jc 'n°a~~ t vrc, iii A on l6a 'cc' . ~y L..Y..I f?e 9fl~{ ccrCiC'n tt.a rrd G p' G'nton Cn 'r,rr~o Gy y r 1 " {VI U 6.. COUriN CLfFK, Dsn;an County, Tool r F W H V h A 6h Ilb 01 d3S fL$ W :p x EE, E~ 44 H o ~m 0 W 0 UC1VJ:.{=~ l.~J ^ i"~ 1. I n 14 W -C4 i E-1 LO CGgt S- EASEMENT. REAL PROPERTY RECORDS Mersin Stationary Stationary Co., Callas THE STATE OF TEXAS, ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton THAT Frederick A. Beardsley and Life, Carol Beardsley 49101 of DE` rOX COUNTY, TEXAS , in consideration of the sum of One dollar (31.00) and no cents --and ofticr good and valuable consideration in hand paid by t h C i t y of Denton, Texas receiot of which is hereby acknowledged, do by these presents grant, blrgain,sell andconvey unto to the City of Denton, Texas ,the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Len toe County, Texas, in the ld Fr10T SASIIASY SERER EASENt.ST of ril FIELD NOTES to 211 that certain 16 foot ribstract strip or 4umbir 1130 land Situated in the 0i'1the 001 aldktractrL30104 a Part ote called Deotoo Coutrac Texas; e t0us~c recorded involuse d in 'I d to 1054h Psiae Ut Of ther De ed AcBCrdseofy the sold tract be1rot more particularly Dont o o County. T es :cribs s; described as I"Ild.e: EEG1N`116G for the Northeast Corner of the tract being deeeriued , at a point In the middle of pecan Creek, same LolnK the herein i East line of the said Beardsley Tract; the ra sosetle3anltery. 8 feet Yortheesterly from the tenter n[ a p p sever 1lne and De Ltg app roe In a tely South 0a Lltireea 30 ff Stales Rest a etands of 174 feet Srom the scrtheast corner of the soie Beard9147 Tract: T1fENCE South 04 R gree■ 15 Trades d3si anced ofE 18.6• feet tlto a East line of the te►retsey from the said s2uitary point for corner 8 feet uu[r~~etorly serer line: 15 c n seconds 90 o e th parallel ro the said a en ter line ■ dlsta e slterlyo[ros5 V-grt to se.155 ae amentl8 feed Suuthecstr ofr an eelsLlust nl211ncls: rf IS£NCE sortb 34 hecrees 44 minutes 4o seconds west a dlstnnce of 16.0 feet to n point for ccrnar: TtrENCE north 53 Deg reel 15 '.Iir.utes 40 Seconds Eas: 8 leer North• vrsterly fro% ■n" parallel to tl.e acid Sanlta rY sear liar a "'stance of 161.4 feet to the PLACE OF DEG INS ING sTd en_laetng 0.059 of an acre of land. Anditisfurth;ragreed that thesaid Citv of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other otstructions as may now be found upon said property. For the purpose of construction, installing, repairing and perpetually naintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein. his or its age,Lts, 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 p u b 1 i c utilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness e)u r hand 5 this the 2 3 rct day of Ave ui1 , A.D. 1964- C ~ y ?4, 1 ACKNOWLEDGMENT THE STATE OF TEXAS, authority. COUNTY OF...._..Den.ton.. Frederick A. Beardsley and Carol Beardsley r,; t' an this day personally appeared DEFORE ME, the undersigned o t y 011 " wledged to me that acknowledged r ort4 whose names are subscribed to the regoing inst ment, and t..► tfxn & tame for the purposes and conaideralion t Bret a ~tdsL August A.D. 19 .84. G1V>EN U DE MY' HAND AND SEAL OF OFFICE, Th s... n (LC) _._'AnY_ -u71er sy Notary Pub in and for III_S&I ~~Texa1. ' My Commission EsP:ree M i if nx'- ACKNOWLEDGMENT THE STAT ',OF TEXAS, 1 BEFORE ME, the undersigned authority, xrnOCOV, F j on this day Personally appearei . known to me to be the person.,. whose name subscribed to the foregoing instrument, and acknowledged to me that ......he._.. • taeeuted the game for the purposes and consideration therein expressed, . A.D. 19.._..... • GIVEN UNDER NY HAND AND SEAL OF OFFICE Thi:._...... - ..day of (LS.) Notary Public, in and for the State of Texas. My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, this undersigned authority, COUNTY OF_.... ._J z' on this day personally t/ _ -known to me to be the person and olBeer ' whine Dome -V subscr;bed to the foregoing inmtrurnent and acknowltdged to me that do same was the act of the said a eirporation, and that he ex rented the same as the act of such corporation for the purposes and consideration t'•ae t , i • er•+%rnaed. end !e the e.Vad 7 stand. A.D. 19~ -.-day of- CI FEN UNDER MY HAND AND SEAL OF OFFICE. ThSs_____.--- Notary Public, in and fu the State of Texas. My Commission Expires CLERK'S C£RTIF'?CAT£ r,THI, STATE OF TEXAS) 1 I . , County i t{,r'=NTY o?., gait of the County Court of said County, do hamby certify that the .uregot. instrument oI writing dried as the day of , A. D. 19. , with its CtrtiAcate of Authentication, was filed for A. D.19 . at............ o'clock....., ....M.. and duty l1YMrd in my ogles on the _...day of_....... ' ............A. D. 19........., at..........,. o'clock.... M., is the x! .;t ^t'raoorded this.._ ..day of h Yy•, . t ....Reeorda of said Counts, is Volume . on Pages . 'R/1TNESS•MY SAND SEAL OF THE COUN'T'Y COURT of said County, at office !n . r tha day and year last above written. 11 t 1 r'. 1 i. _ . r f o » County Clerk.. County, Tessa De4uty. , t? ° By r 4: Jh c. 'n'~ ♦ i, is , .r' h Y Ti~`'~{lF.~ r. Y I., t ~ r 'rJ Fly' Y e t ej U Q 0' t S ` t ToJ rl g i M a p i u Phyi I M J}i if~.e O C1I 1~ LI [ C I ~ V f i I l t ~~F, 1~ ~ , t4 Yi T t ,r/~fa~ i e.+t rn d o t ~ j I o ~ ~ 1 ti t "I it L It r' 1 P. 4J Ma ' .tiz ~ i i 7 A i I ltl7 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Jerry Garrett, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Cable TV Advisory Board 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 f th City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY SECRETARY CITY OF' DENTON. TEXAS 0264C/09000 0 . y rJll~ll 71,~~{l~/~~~~lr~rr''~ rfr~~ 1 r r/l~! !.u l N, P r~hrVVr'v lJI '.rll,r~rr !lr l~glirl~s,. Speed Message Tom ~J~ I~ a~CM~C~ t.~ From L c- ac- Sub ect Ac,r) /yc] v fl/- lJ T r~ Date_ ~7 19 aT ~u~ cM C;) cl, ! S 8 tilL-1 /at.~.. ca, signet'-- WilsonJones t ni' i 7r~i h ` r~rr"~117' t5 L ? , ` r. 1'i~y .1 ,1~k't PCB P~•• r - r t LICENSE AGREEMENT THE STATE OF TEXAS S KNOW ALL t,EN BY THESE PRESENTS: COUNTY Of DENTON S x In consideration of the mutual covenarts, conditions, promises, and agreements set forth below, the City of Denton, Texas (herein- alter 'City"), Municipal Building, 215 East McKinney, Denton, Texas, and John F. Duncan (hereinafter 'Owner'), 1202 Panhandle, Denton, Texas, contract and agree as fellows: SECTION ONE The owner hereby grants to the City a license to occupy and use, subject to all of the terms and conditions hereof the follow- ing described premises: A portion of the premises at 1202 Panhandle, Lot 28, Block 24 of the High School Addition to the City of Denton, Texas, consisting of approximately 216 square feet (8 feet by 27 feet) as is more particularly described in the plat attached hereto as Exhibit 'A' and incorporated herein by e, reference. s SECTION TWO The above-described premises may be occupied and used by the r City solely for the purpose of access to the City's adjacent r existing easement for installation oY a sanitary sewer and concrete _u arainage channel in the existing easement and for incidental pur'- rp CSC poses related thereto during the period beginning with the date of ('I execution of this agreement and terminating at the end of ninety (90) days thereafter. SECTICN THREE Upon completion of its work, the City agrees to restore the; land licensed hereunder to its present condition. SECTION eOUR City shall be allowed to move a storage building (approximately } 4 feet by 4 feet in dimension) from the licensed premises to the owner's other property but shall relocate the building as the rt owner desires upon his property on completion of the construction i (Y hereunder. x, . LICENSE AGREEMENT/PAGE 1 y• , d'}' `2 fSpa K CCC '1~'i17 Y+i ~?q t ~ ~ 't t v C ~:1 r r r'.NS ~ I,.'i~~ fZ,i f V 1 i Z 1 SECTIC14 FIVE, fj { city shall be allowed to remove the existing fence upon the 1 licensed premises but, upon completion of the work hereunder, shall replace the fence along the owner's property line with a { new fence of like construction. SECTION SIX !X During its operations under this agreement, City shall ' construct, keep and maintain a temporary fence upon owner's Yf} ` property for the purpose of restraining owner's dog. Flk!- qr• SECTION SEVEN ` city agrees, upon completion of its construction hereunder, to replace sixty (60) feet of curb and gutter along the street abutting the front of owner's property at no cost to owner. SECTION EIGHT `f ,'d j If, as a result of City's operationj hereunder, the large N^ yy ✓~Ff tree situated upon the portion of the premises licensed here- under and upon the City's easement should die within two, years ; Y from the date of the termination of this agreer'.ent, City agrees to pay to the under the sum of Eleven Hundred Twenty-five and No/100ths (1,125.00) Dollars, said sum representing one-half of ; the agreed value of such tree. t r r r^4hti EXECUTED this / day of September, 1984. OWNERY OF SON i JOE: F. DUNCAN G. H S HARTUN CITY MA14AGER 1P ,..Fen R r TY.~~5 1 ~k •:k1 M1' LICEN`B AGREEMENT/PAGE 2 k 'L^T7►'4 y ,1 R,CATJMV f a' 7: - r - _ •1 R A 4 - +hA k EA up ' - W O C V T. ;r G 1..: 1 a Cont. Flu ~00'TRASISI,-OON T 9.ORr ~$TA. ••72.50 s 1 .1TZIP T& 10+29 a 7t P. i 413,5 of 6A5 89-x • -O-Q 76 4 ! S" A.11+96, STA.10+29 42 R.C.P. .t9nderSt.Drain) NOTE: BOXES TO BE +!f^ f v DIRECT TRAFFIC T.H.D.S. MC5-I I ~L [ If I~: r~ ~ i ' I+ 1+00 r LICENSE AGREEMENT JOHN F. UNCAN! I 1 ~ p "~MI t Y 1 ~ k ; A'j~~~ "E4y '.a tYt '1 III111111111 1 s~I 1YI k I 140. AN ORDINANCE ANNEXING A TRACT OF' LANJI CON'T'IGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATEL': 11.2 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTUN, STATE OF TEXAS AND BEING PART OF THE M.E.P. b P.R.R. COMPANY SURVEY, ABSTRACT NO. 950 AND THE G. WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the } i petition of the City of Denton, Texas; and WHEREAS, an Opportunity wa afforded, at a public hearing held for that purpose on the day of , 1984 in the y'? Council Chamber; for all interested perso to ate their views and ` present evidence bearing upon the an exati provided by this ordinance; and WHEREAS, an opportunity was afforded, At a public hearing held`,. for that purpose on the Q14,-17*---day of , 1984 in the yt;l Council Chambers for all interested perso to ate their views and present evidence oearirig upon the annexati provided by this ii ordinance; and sei WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOA', THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ;3r ORDAINS: k SECTION I. Tnat the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the name is made f hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said city and shall be boind by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and :;hall bear its prv:ata part of the taxes levied by the City. The tract of land hereby annexed is described as fol.iows, 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 M.E.P. & P.K.R. Company Survey, Abstract No. 950 and thy' G. Walker Survey, Abstract No. 1330 and more particularly described as follows: A ~ I BEGINNING at a point 250 feet northeast of and parallel to the center line of interstate Highway 35-E, said point being i:he intersection of the northeast line of the tract described in r. Ordinance No. 65-43 Tract II with the southeast. corner of the tract described in Ordinance No. 78-38 Tract I; THENCE north 16036'03' east (by ordnancr north 16040' east) alongr the present city limits as established by Ordinance No. 78-38, Tract I, a distance of 464.19 feet to a point for a corner; ' ~i'HENCE south 37056'51' eas6- a distance of 7.79.26 feet to a point for k, a corner; ' A-6/BUTTON/PAGE ONE MKa ~ , } Is e }lj r; 4 THENCE north 52003109" east a distance of 360.02 feet to a point for a corner in the southwest right of way line of the M.K.T. Railroadr said paint also being the beginning of a curve to the right with a central angle of 7028'280, radius of 2914.79 feet and a chord of south 34002102" east 379.98 feet; f-' THENCE southeasterly along said railroad right of way an arc distance of 390,24 feet to a point; THENCE south 37046'161 east continuing along said railroad right of t, way a distance of 351.35 feet to a point for a corner in an east and west road known as Page Road; THENCE north 85043116' west in said Page Road, a distance of 792.97 feet to a point for a corner on said present city limits, as estab- lished by ordinance No. 65-43 Tract II; THENU. north 48027157" west along said resent city limits a distance of 678.94 feet to the p place of beginning and containing 11.2 acres of land, more or less. ci SECTION II. The above described property is hereby classified as Agricultural "A' District and shall so appear on the official zoning map of the ' City of Denton, Texas, which map is hereby amended accordingly. SECTION III. !y r .i This ordinance shall be effective immediately upon its passage. ~t> Introduced before the City Council on then d y of 1984. r;' D PASSD AND APPROVED by the City Council on the day of j 1984. I ZD 0. TEWA , MAYOR ~i ~CI OF D TONr TEXAS ' ptl ATTEST: CHARL TTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: (j C. J. TAYLORr JR., CITY ATTORNEY f' 4 CITY OF DENTON; TEXAS BY: ,r tf I A-6/BUTTON/PAGE TWO F '~jW}'p'li~ IF IS7"._.,•~ . •_~wT. .ry w -_r.. -r:~....; . J YN. (~d, iy 5 rr,. ,•Ti~Vlf ^r ~ ran ~ .r ~ r ; e r -~~rr-, - re i. . A n •N ,r Il '~~3■ S ii J J+ ~i? 1 a71 0 ♦ IN NO. AN ORDINANCE AMEt;DING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPT°.D AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TU 18.2 ACRES OF LAND SITUATED IN THE M.E.P. & P.R.R. y' SURVEY, ABSTRACT till. 950 AND GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY; TEXAS AND LOCATED AT THE NORTHEAST CORNER OF I-35E AND MAYHIL:, ROAD; TO PROVIDE FOR A CHANGE IN 'CONING CLASSI- FICATION AND USE DESIGNATION FROM GENERAL RETAIL 'GR" AND AGRICULTURAL 'A" DISTRICT CLASSIFICATION AND USE TO COMMERCIAL 'C' £ A14D LIGHT INDUSTRI11 "LI" CLASSIFICATION AND USE FUR SAID PROPERTY; AND DEi-LARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: t SECTION I. j Tnat the Zoning Cla.,,sification and Use designation applicable ]ti j to all or part of the property described below is hereby changed from General Re:ail "GR' and Agricultural 'A" District Classifica- tion and Use to Commercial 'C' District Classification and Use as under the Cumpcehensive Zoning Ordinance of the City of Denton, ; Texas: TRACT 1: All that certain 13.7325 acre tract, or parcel of land, situated in the M.E.P. & P.R.H. Co. Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330, Denton County, : Texas; said tract being a part of a called 18.2519 acre tract shown by Deed to T. J. Fouts, Jr., Trustee and recorded in Volume 943, Page 624 of the Deed Records of Denton County, Texas and 3 being more particularly described as follows:" d BEGINNING for the southwest corner of the tract being described herein at an iron pin at the southwest corner of said Fouts tract said pin lies south 48027157" east 252.37 feet from the south corner of a c=alled 1.607 acce tract shown by Deed to C. Potter, et ~F al, and recorded in Volume 578, Page 347 said Deed Records; THENCE north 48027157" west along the northeast right-of-way Interstate Highway 35E a distance of 252.37 feet to an iron pin for a corner of this tract; THENCE nortii 41032'03" east a distances of 175.00 feet to an iron pin fur an Inner ell cornet of +.his tract; THENCE north 48027157" west parallel to said right-of-way a 1 distance of 400.00 feet to an iron pin for an inner ell corner of this tract; THENCE sough 41032103" west a distance of 175.00 feet to an iron pin for a c=orner of this tract in said right-of-way; THENCE north 48027157" west with said right-of-way a distance of 278.34 fees to an iron pin for an angle point of this tract; 1? THENCE north 38057'57" west with said right-of-way a distance of k 96.20 fee+. to an iron pin at the beginning of a flare in said right-of-way for an angle point of this tract; THENCE n'arth 04042'57" west w,th said right-of-way flair a distance of 118.40 feet to an iron. pin for a corner of this tract; ~ :y e Z-1669/ROBERT J. BUTTON/PAGE 1 n r I 1 l In~rrk r. h4 THENCE north 30038'46" east a distance of 49.73 feet to an iron r+' pin in a fence line on the southeast line of Maynill Road; THENCE north 16036'03" east with said fence a distance of 536.37 f,et to an iron pin, in the center of a 70 foot wide Zexas Power 5 Light Company Easement; THENCE south 37056'51" east with the centerline of said easement 1781,26 feet to an iron pin in Page Road, for the southeast corner of this tract; THENCE north 85043116" west a distance of 508.46 feet to the point of beginning. SECTION II. That the Zoning Classification and Use designation applicable ~k to all or part of the property described below is hereby changed from Agricultural "A" District Classification and Use to Light Industrial 'LI" District Classification and Use wider the { Comprehensive Zoning Ordinance of the City of Denton, .Texas: ,j TRACT 2: ,11 that certain 4.5194 acre tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330, Denton M County, Texas; said tract being a part of a called 18.2519 acre] tract shown by Deed to T. J. Fouts, Jr., Trustee and recorded in Volume 943, Page 624 of the Deed Records of Denton County, Texas and being mere particularly described as follows: 4,. ~fK { BEGINNING for the southwest corner of the tract being described herein at south 85°43116" east :508.46 feet from the southwest corner of said Fouts tract; THENCE north 37056'51" west with the centerline of 70 foot wideZ Texas Power and Light Transmission Line Easement a distance of J~'r 428.21 feet to an iron pin for the west corner of this tract; s THENCE north 52003109" east a distance of 360.02 fe:et to an iron pin in a fence on the southwest right-of-way line of M.K.T. 6 t4 Railroad, for the north corner of this tract; THENCE in a southeasterly direction with a curve to the left T', having a central angle of 07028'281, 1 chord bearing and Cistance of south 34°02'021 east 379.98 feet, a radius of 2914.79 feet, and a distance of 380.24 feet to the end of said curve; j THENCE south 37°46'16" east continuing with Railroad right-of-way a distance of 351.35 feet to an iron pin in Page Roaa, for the southeast corner of this tract; r 'y THENCE north 85043116` west a distance of 449.70 feet to the point of beginning, ? SECTION III. The Zoning Map of the City of Denton, Texas, ad.?ted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under ordinance No. 69-11 be, and the same is hereby amended to show such change in District t Classification and Use. F~ SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan 'i Z-1669/RUBERT J. BUTTON/PAGE 2 i k ' i"4 r V 1- j 1 y a a J f Y ~i for the purpose of promoting the general welfare of the city of $'s Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging yti. the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. :fix SECTION V. That this ordinance shall be in full force and effect 4j= 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. 7 i PASSED AND APPROVED this the day of 1984, :''A r n* i ARD 0. IfTEWARY0 MAYOR Acj' A CIT OF DE E ON, TEXAS If ATTEST: ` CHARLOTTE ALLEN, CI'T'Y SECRET RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: } r t C- pp r I[~ (i~l J ! Z-1669/ROBERT J. BUTTON/PAGE 3 i r .',~'S~ry".7.7$8"~ ~~r 5~.. `~i~ ~i 5/ ~~5 1 ~yr . 1-I -~-.y ; ~i, t•~~y tk d~.. ♦ Y,, r,. r :fir 1 ~'r C , '`r xh R{- 1~ •i, '.1 .'i . i'. ~i . r ra:A r d+9 5 ri iC NO. f -g`- xx AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 15.8 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF AUDRA ' LANE APPROXIMATELY 1,050 FEET WEST OF LOOP 288, AND IS MORE i PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL 'A" DISTRICT CLASSIFICATION AND -c i4 USE DESIGNATION TO PLANNED DEVELOPMENT 'PD" CLASSIFICATION AND USE N DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON# TEXAS, HEREBY ORDAINS: . SECTION I. That the zoning classification and use designation of the following described property, to-wit: All that certain tract or parcel of land situated in the M.E.P. &l" P.R.R. compani Survey, Abstract No. 927, city and county of r~ Denton, Texas, being all of a certain 16.084, more or less, acre' tract described in a deed trOM Elmer F. Florenz to Philip James All Ciemente on the 29th day of December, 1970, recorded in Volume `'q" 613, Page 197, Deed Records of said County, and being more fully a! described as follows: BEGINNING at a found steel pin at the northeast corner of said 16.084 acre tract in Audra Lane; =fir THENCE south 0033' west pass at 23.81 feet a steel pin on the M; south bo'indary line of Audra Lane and continuing with a fence a total distance of 1371.98 feet to an iron pin and fence corner; i, THENCE north 89022137" west with said fence a distance of 510.79 feet to an iron pin and fence corner at the southwest corner of .1 said 16.084 acre tract; l THENCE north 0026134" east with the west boundary line of said tract along anJ near a fence a distance of 239.24 feet to a fence tt'. corner angle; THENCE north 0027155' east with the we.-)t boundary line of said tract and with a fence a distance of 243.52 feet to a fence angle; THENCE north 0034158" east with a fence and the west boundary line of said tract pass at 861.56 feet a steel pin on the south boundary line of Audra Lane and continuing a total distance of 885.70 feet to an iron pin at the northwest corner of said tract in Audra Lane; THENCE south 89046117' east in Audra Lane a distance 511.10 feet to the point of beginning and containing 16.0834 acres of land, there being 0.2814 acre located within Audra Lane, leaving a r net of 15.8020 acres of land. is hereby changed from Agricultural "A' District Classification and Use designation to Planned Development "PD" Classification and Use designation under the comprehensive zoning ordinance of the n` City of Denton, Texas. G SECTION II. ~i That prior to issuance of any certificate of occupancy for the r use of any building within the planned development district, the following conditions shall be met: Z-1686/WESTON HOMES, INC./PAGE ONE ~r '~r~i•p ~YID .'T'~'1T~C Y S e. ~ r~ ♦ J A1'~ ('t~S vi. 1k I. Specific site plan approval is required for all multi-family development. 2. Maximum height of multi-family structures shall be limited to Y' 4 tP two (2) stories. 3. Single family "SF-7" land development standards, except for lot + size, shall apply to the 6,600 square foot single family lots if area of this development. ` 4. That electrical services shall be underground except for major transmission lines. SECTION III. i That the development of the property shall be in substantial ~sy compliance with the site plan attached hereto and made a part " hereof for all purposes. a rn The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the CoC,! 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 Classifi- cation and Use subject to the above conditions and specifications. '04 SECTION IV. That the City Council of the City of Denton, Texas, hereby { finds that such change is in accordance with a comprehensive plan j;a ; for the purpose of promoting the general welfare of the City of + Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitaoility or particular uses, and with a view to conserving the f, value of the tuildintis, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the ~rryf`;r City of Denton, Texas, and its citizens. < .k ' SECTION V. e` That this ordinance shall be in full force and effect ^r'I immediately after its passage and approval, the required public e,r ti hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the L- day of ,1984. ~ f 1 *(CARD 0. EWAR , MAYOR DEN ON, TEXAS ATTEST: 6~1 H ROTTE ALLEN, CITY SECRETARY G L CITY OF DENTON, TEXAS APPROVED AS TO LE3AL FORM: ~a JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXASl x BY : ti 2-1686/WESTON HOMES, INC./PAGE ONE r, 7 { !+.~yT~,X'4r' 'S SkM1 a( !:F• Fv.•.$q r 7A,zl .'1 i~d :•F~i ' jEl ~ - WINDY LANE ' 9F 6 N 2R4414LY jjJ 111 I l p,. WENDV LANE 4 4 F r M F q a 7 I f• i j .F; I' 1 3i 1 3 < , . i s _ " t Z-1686 WESTON HOMES, INC. a • 10 F 1 r f y ~1. 4 Y u,• ' F l )ti ...S••! y Its zr ~l, rr. ,ti•- 1 t~,a. n'y; S,1$:~^;S:JI+~IS~t.t~i~cNl.'I %.,~'.i 4t °Y i 1 I ` i NO. ` AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON. TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1984, AND ENDING ON SEPTEMBER 30, 1985; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1984-85 was hereto- fore F,blished at least fifteen (15) days in advance of said public hearing; and r WHEREAS, a public hearing on the said budget was duly held rX on the 4th day of September, 1984, and all interested persons were given an opportunity to be heard for or against any item ~y! thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Budget for the City of Denton. Texas for the fiscal year beginning on October 1, 19e4 and ending on September 30, 1985 prepared by the City Manager and filed with the City Secretary, as amended by the City Council is hereby approved and adopted.; SECTION II. 't ~yR That the departmental appropriations for the City of Denton, Texas, for the fiscal year beginning October 1, 1984 and ending rYa September 30, 1985, from said budget are hereby approved and f" adopted:t REVENUES FUND AMOUNT General Fund $ 17,520,608 ~k Sanitation Operations 1,970,667 Electric System 66,757,591 Water & Sewer System 9,693,509 Working Capital Fund 636,312 General Debt Service Fund 2,503,063 %.I Revenue Sharing 529,121 Recreation Fund 192,000 General Project Fund 512,580 TOTAL REVENUES . . . . . . . . . . . . . . . . . . $100,315,451 3 S EXPENDITURES a e FUND DEPARTKENT AMOUNT General Fund General Government $ 451,408 General Fund Building Operations 524,146 General Fund Operations Analysis and Energy Management 95,513 General Fund Word Processing Center 108,348 General Fund Legal 313,854 General Fund Personnel 262,311 General Fund Emergency Management 80,373, y General Fund Planning & Development 288,286 k General Fund Data Processing 681,792 General Fund Airport 79,001 r; y ~1 .7 1 1R EXPENDITURES FUND D3PARTMENT AMOUNT, i General Fund Finance 1,385,882 General Fund Public Works 3,209,459 General Fund Police 3,038,230 # General Fund Animal control 181,609 General Fund Fire 3,135,304 General Fund Parks 6 Recreation 1,475,160 General Fund Library 581,359 General Fund Contributions Other Agencies 835,114 rR General Fund Miscellaneous 1,140,235 x; 1 'r TOTAL GENERAL FUND EXPENDITURES . . . . . . . . . $ 17,867,389 J, FUND AMOUNT Sanitation operations $ 1,963,444 ~tM Recreation Fund 180,800: ,A Electric System 63.1.51,348 Water 6 Sewer System 9,538,106 r' Working Capital Fund 636,312 Revenue Sharing Fund 529,121 y General Debt Service Fund 2,321,907 General Project Fund 506,743 TOisL . . . . . . . . . . . . . . $ 96.705,165 F SECTION iIl_. That t'e city Mara,-,: is hereby authorized to tranfcr the p' arr.ovnts of money centai:tad in the Reserve for Salary Adjustment ' as contained in the 1994-a5 budget to the various departments as k` needed for the purpose of implementing the proposed pay plan as 4 approved by the City Council for the Generai Fund employees. . SECTION IV: ' That the City manager shall cause copies of the budget to be filed with the City Secretary, the County Clerk of Denton County and the State Comptroller of Public Accounts. d+: SECTION V. " r. i That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent f jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such 1 Y. remaining portions despite any such invalidity. 7 r4~: yt, HrR i 7'^"7T57d', K K i , r t , -T 1 ~ ,,rr ? , r.. P 1~ Y ~ ~ r.:: ~ , h•. ~ ~ •r ~.,u +i r i ~ « •,.Z , 1, ~ r ~ hh x~f~ I~ ,Ye.. ~ l ~ ! ~ ~ ~ xx~ I i ~ l ~ '~~r~ f 1 S 4 t~ e; 1!~ h~Y.~ of} 1l . i 4'.. l 1 r d d , 1 , 1 S. ~t.~ r y YY 1 I }*?.4 1 P.,. % ~ N~ ` ~ ~ t r I#` + ~r r ~ (~r1/J(/' .i ~ r di ~tr ` ~ ,yl Y.,:,~~ 4s' d"~ i c i 1~ 4r 11 r. • ~ ',.'t ~:r ` .o r r s'{, tt y y, ~ Vly `«'1. ~Y y,r ~1 / r to ~r .L r ~y::r« itVn 7 ~j . 11 ♦ 6 ~ ~ SS`~~ ~ V y 1 r v « w C « y r « ~ d Y~ 'ar ~ ~ ~ ~ ~ fqi~. tvr Ql`r a1y:i~, d R'l it ,f~ f« ~'V y ~ u 1.N & r^'~E p < ~~r,} ~`1•y ~ .k. .dir. dy,l «r.~r ~ i .t`$'.t ^i ~ ~b - ` ,.~'r« 54 Sr b f SECTION VI. 1 That this ordinance shall be effective upon its passage and i approval. f PASSED AND APPROWD this the 18th day of September, 1984. CF RD 0. T E W A R MAYOR CITY OF DE TON, TEXAS ATTEST: k, t, CHAR OTT. ALLEN, CITY SECRETARY CITY OF DENTON. TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY I CITY OF DENTON, TEXAS =G 1 h)' . BY: r. {+r. i Mk' i e iV r f r 1 r V ~ Y~r'f} ~ 7ni ,t o 'VYit ~ ~.1~t~ 1 1.-',;.♦•.i~ r s;1 w •~r _ r11~v ~~;<~1 7'i 41~' IIYvr w I" ~ ' ~~s,le Y '~J ~ ~ Y ~ 1! ~"try YI 4` wt7 F Y I,}r Ijy re.~or • S ^,l Li I ~fR1~~.~11~{~'j~ '~Y1 ~ d 1 ~ ~ 9~V. tit ,f~r~ ti.t K.Mrt.r r. r t, ,1 rye : k.'.Y 16 ~ J i~` R• n~ i Y r A AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1984, AT THS RATE OF $.59 PER $100.00 ASSESSED EVALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE J LIMITS OF THE CITY ON JANUARY 1, 1984, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON °a BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ,j THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: 4 SECTION I. That by authority of the Charter of the City of Denton, Texas, and the Laws of the State of Texas, there is hereby r. levied for the year 1984, on all taxable property, situated within the corporate limits of the City of Denton on the first R day of January, 1,984, and not exempt by the Constitution and Laws of the State of Texas or by Section 2 of this Ordinance, a tax of $.59 on each $100.00 assessed value of all taxable property which shall be apportioned and distributed as follows: (a) For the General Fund of the City of Denton, $.3866 on each $100.00 of assessed value; (b) For the purpose of creating a sinking fund to pay the interest and principal on outstanding bonded s. indebtedness on all outstanding City of Denton bonds, not otherwise provided for, $.2034 on each j? $100.00 of assessed value. SECTION II. sly That pursuant to Article VIII, Section 1-b of the Texas Constitution, 4,. $5,000.00 of the assessed value of resident ~ homesteads, shall be exempt from City ad valorem taxes. h "y SECTION III. That pursuant to Article V111, Section 1-b of the texas r. Constitution, x16,000.00 of the assessed value of resident homesteads of persons sixty-five (65) years of age or older, shall be exempt from City ad valorem taxes. a SECTION IV. That for enforcement of the collection of taxes hereby p~ r its f• 1"'.~1 1 Ib~;. rr,^~~ tM7!,t " r~.r V"'il 711 iy mw x n r 4~ 14 F ~ c ~ 1~ , i r / , ~71 „ ~ y.r ~ ~ r Al r v,i 1•,•t T'rI ~~r~ r1 I ~ i -,r ~ i~tti~ I.. If~~l ~ 5y'i~r y'Ji l yr.;.ir tly sf 1J, n, r 1 r~' y ' t ~rr~ r 1'a4 r r 1 H+ `+r i lI rrr%.Y I rte "1 0 Ly b levied, the City of Denton shall hav> available all rights and remedies provided by law. SECTION V. That if any section, subsection, paragraph, sentence, ~s clause, phrase or' word in this ordinance, or application thereof 'i to any person or circumstances is held invalid by any court of ' competent jurisdiction, such holding shall not affect the I 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 y. i invalidity. j SECTION VI_ That this ordinance shall be effective upon its passage and ~R ` approval. f' PASSED AND APPROVED this the 18th day of September, 1984. 1 IC ARD O. STE A T, MAYOP , 71 CIT OF D NTON, TEXAS ~ ATTFS.: ~Q:4sL ~r C RLOTTE ALLEN C TY SECRETARY x CITY OF DENTON, TEXAS a$1 APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY { CITY OF DENT'ON. TEXAS BY: t, 'i r "r~T~'d1 i J.~ ~ f~ , 1'~~ i ~ T, iT4'•-'` t ~~b V I} i I i''rtl 4\Iki4`~~aAr`~:9'~rfr._1.,~'. P ~T p -'7 ~f + J1 j IY h ~If 5 • Y f + 11 ,I>, i 5 J~~~ r~ MIN ay 1,? ~ ~1~ a i~~' ! 9' •i , to 1 `G~" '`1 { ik !t /nd fi' +t r, i ~ k,~~'.,w \ E w qri' rr 1 $ t r ~ s• " 1 ~+4t ,r rt taf= a~ la r1a ~ ~ ~1 xxx ~ A i 1 e a u`T ~~S'; ~ " ' ~ W~ .9 ~ , 4 r' ♦ 4rw' ~¢~/1 oC 1 4` rF~ ~ F t ,1 >k S~UUSS r 1 .K ~j- t e r r np4 't, 4''".' i 1'.~:'L+~f_t_ _4k Iti ~~7.1.iTi~tJ~a ~"v?* ,~}f?I/'a~ a°~`Mii"f.~•?`(~~ k~Sl~'t~«; ~4~~.. ~',.ii, NO., AN ORDINANCE AMENDING rHAPTER 12, ARTICLE II, SECTION 12-19(b) OF THE CODE OF I ORDINANCES OF THE CITY OF DENTON RELATING TO RESIDENTIAL SANITATION RATES, REPEALING ALL ORDINANCES IN CONFLICT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, 'TEXAS, HERESY ORDAINS: SECTION I. That Section 12-19(b) of the Code of Ordinances of the City of Denton is hereby amended to read as f\llows: • t "(b) The charge for collecting garbage, trash and rubbish from each individual family unit shall be Eight Dollars ($8.00) for a thirty day period. All such fees are subject to being increased by the sanitation division if more than the minimum service is required." j SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not 'ot i ~ affect the validity of the remaining porticos 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. t SECTION III. ~ J ,g That all ordinances or parts of ordinances in force when the provisions of 1 this ordinance become effective which are inconsistent or in conflict with the ,i terms or provisions contained in this ordinance are hereby repealed to the i, extend of any such conflict. SECTION 1V. 5 That this ordinance shall become effective October 1, 1984, and the ty Secretary is hereby directed to cause the caption of this ordinance tr be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSEL, AND APPROVED this the day of September, 1984, 41 i 1 C A 0. S WART, OR /71 C, ~ CIT OF DENT N, TEXAS ~i Ik. ATTEST: CHARLOTTE L E , CITY SECRETARY CITY OF DENTON, TEXAS y' APPROVED AS 10 LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS y" 4•~ t!1 M!• BY• f;. i G 5 " 9 ('1 r~K r: ` ~l;'~"~ ` ~ i•"~; , 11 ~ ~~1 ~ .i~:~', 3 ~'~'.~~r Ye! ~ S~ ~ ~r Akr~~r~ , /J ~f r ^:1 i i r 1 Y r v 1 S r ~`Y_ = J ,t br . 1 1. b y 1 i4 , ~ 1" y " r a . • .k w ~,p h,t E *~~K< r r~11f7ti Y `r J ',•`S,r{fY ~~s^ f ~ ~r rJ .,ty f,,,{} 5' ~~[r ~i~r ~y)qr rf. ~a~R ~(4 .~~r.w~,d' S ~ ~1 ~t ,1, ~ k ~/~x f Y ~ ir r ~~10. ~ Ge 'vi ~Z!vF' ~ T ~ 'l.'i~~ 1 ~l~whyf`ff 1 n A' e a r' {1 1 i G .'k ir. 8 f rt i i~' EI lb` p 3a~ s~9 , '*'d~,'Y ,~`r,-7~~ r+.~t+~:,'~.. pig ~M `+~,x~f~('~i~k~ w~~yt),` ± ,.~A~ 1fl "1,', 'f . { , I f NO. 1 y AN CRDINANCE AMENDING THE 1983-84 BUDGET OF THE CITY OF DENTON, TEXAS BY INCREASING THE GENERAL PROJECT FUND ACCOUNT BY THE SUM OF THIRTEEN THOUSAND FIVE HUNDRED DOLLARS (413,500); AND DECLARIC'! AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I, Y r The 1983-84 Budget of the City of Denton, Texas is hereby; amended by transferring unencumbered appropriations as follows: J FROM ACCOUNT NO. TO ACCOUNT NO. AMOUNT Data Processing 100-004-0017 General Pro3ect 430-004-020M $ 13,500 SECTION II. r' That this ordinance shall become effective immediately from u and after its date of passage, ad it is so ordained. PASSED AND APPROVED this the 18th day of September, 1984. f'IC ARID 0. TEWA , MAYOR` CIT1 OF DE TON, TEXASi ATTEST: <.r r Y 3 f' ~ 0 CH RLOT'CE ALL PN~CITY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS r; BY: N y,r f; r 1. M/ fn3L r wa :-La ea T~..R.R r,.r 'r.'. p RJS ~1! 4 ui ,~w ? ul ~.l a..(•. ~ _':•.i N. 4, , t; . <r •1! t e: .rf y. fi TN f 1 1 x r . 7.1 a rnt n~ u w ~3 M r , r 4) t ;'f tT__a ~5SRIfR 4'f ~1 a r•f aa x ~ r!. r ~'a~F , '..w't~ amt ! r 11 xx~ f a 'frt f ~ 'J f .Q I l~' ~hrt YW "'a ' 74 a S. r71 vF ~ . r"~'a~c. y.t~$'a~"~1~?'.'Z'~° F ,r rSr~t~.. ~r ;~ti~. ~.(a ~v~,.6~~r•»~. r~^?I+f.4•,~~~, ''t + a 3 y 3 NO. I i AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR POLICE OFFICERS ASSIGNED TO THE FIELD TRAINING OFFICERS PROGRAM IN THE CITY OF LENTON POLICE DEPARTMENT; SETTING FORTH THE AMOUNT OF ASSIGNMENT PAY ANL THE CONDITIONS UNDER WHICH IT IS PAYABLE; AND DECLARING S AV EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: T; SECTION I. Pursuant to Sec .on 8C, Article 1269m, V.T.C.S., the f Firemen's and Policemen's civil service Act, assignment pay is hereby authorized to be paid to police officers assigned to and )ti a performing duties under the field training officers program in the City of Denton Police Department. Such assignment pay shall be in addition to the regular pay received by po'ice officers. SECTION II. e k <7, The assignment pay authorized by Section I hereof shall be 7. in the amount of Fifty (50.00) Dollars per month, payable in s the prorated amount of Twenty-three and 08/100 ($23.08) Dollars for each pay period or portion thereof a police officer is ? assigned to the field training officers program. j SECTION III. J ci This ordinance shall be affective immediately upon its Rti i passage and approval. PASSED AND APPROVED this the day of 1984. 11 IC ARD 04 STEW , MAYOR CIT OF D TON, TEXAS ATTEST: k, CHARL TTE A LE , CITY SECRETARY z CITY OF DENTON, TEXAS i1 Nr° APPROVED AS TO LEGAL FORM: JOF D. MORRIS, ACTING CITY ATTORNEY c"x CITY OF DENTON, TEXAS r h BY: ' vi~t~ ~V C7+~Q Y^ 1I L'T w 'Kt dt?i rl. {R 5.1, f _ ,"i, ~$!u. J, 1 CITY of DENTON, TEXAS MUNICIPAL 8UILOINC DENTON, TEXAS 76101 , TELEPHONE (817) 566.8100 Septer Cer 19, 1984 Janes P. -Ain, Chief, Rea, Estace Oivision Department of the A.:my Ft. 'aortn Dist:ict orps of Engineers PO 8Jx ~7POU Ft, 0ortn, T( 7o1U2-0-i(JO RE: Easement/Licevise, Tract F-754, Lewisviile Lake, Texas O~°ar Mr. Cain: Enclosed please finu five ~7) copies of the aoove-referanceU Easemant/Liceise documents -inic;) were passL.u cy the Denton City Council at toeir meeting on Septemoer, 18, 1384. Paase execute toese documents, returning one ii) original set of documents fo: filing witn our official City iecords. I ~-vc e r 1' R. E. Neison, P.E. Director of utilities Enclo_ures copies furnisneo. Mr. Aiiliom i Cole, P.E., Vice President, 31ackwell h Assuclaces, Scenmons rower vest, Suite 1004 2730 No. Stemmons Freeway Dallas, Texas 7~Z07 C. David Ham, Asst. Dir. of Utilites, rrtr/'WW Divisions City of Oentor, texas ti ~ 4{~xdn'rC~Tty"5ec'retaryv i. C'~~~{t4e' eon, Texas )1i4u DEPARTMENT OF THE ARMY LICENSE L"r.lISVILLE LAKE, TEXAS THE SECRETARY OF THE ARMY hereby grants to the City of Denton, a political subdivision of the State of Texas a license, for a period of one (1) year cornsneneing on 1 August 1984 and ending 31 July 1985 but revocable at W will of the Secretary of the Army, to construct a 15-inch sanitary sewer line i green as shown infied on Exhibit attached hereto and made a part hereof, and substantially described on Exhibit "A" attached hereto and by this reference made a part hereof. THIS LICENSE is granted subject to the following conditions: '14~+iL of r Pay 2. That the exercise of the privileges hereby granted shall be without ost or expense to the United States, under the general supervision and subject to the approval of the otieer ving immediate jurisdiction over the property, hereinafter referred to as "said officer," and subject also l swA regulations as may be prescribed by him from time to time. 9. That any property of the Unilt, States damaged or destroyed by the licensee incident to the exercise I of tke pririlegei herein granted shall be promptly repaired or replaced by the licensee to the satisfaction of the said officer, or in lieu of such repair or replacement the licensee shall, if so r, quired by the said offerer pay to the United States money in an amount su,jicient to compensate for the loss sustained by the United States by reason of damage to or destruction of Government prope' ty. That the United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the escrra_~e of the privileges herein granted, or for damages to the property of the licensee, or for injuries to the person of the licensee, or for damages to the property or injuries to the person of the licensee's ofacerx, noents. scrrant.s, or employes or others who may be on said premises at their invitation or the invitation of any one of them, arising from governmental activities on the said premises. and the licensee shall hold the United States harmless from any and all such claims" eMa roar 808 ace as, l-lb0) " o[c u L 77 '~~~#.y a-~~~J~~ YVI"~ C, `7 Yr (T9.L"~ Arm.%:~ r ,t'~}:. '3='~',~}+Si r 5. 'i'hat, on or before the date of expiration of this license or its relinquishment bl :.r c, i licensee shall vacate the snid Government premises, remove all property of the licensee thert'ror.. eomw r e s,,e,c the premises to a condition satisfactory to the said officer, damages beyond the control of th e'ke n vro are rc ' to fair wear and fear ezccpted. 11, however, this license is revoked, the licensee shall var.,:, r:. i• r' • rev c= rer,nove said properly therefrom, and restore the premises as aforesaid within such firr.c a: t .e .;:CdtN rp a ii. the Army may designate. In either even!, if the licensee *half fui or neglect to remove sari restore the premises, then, at the option of the Secrelary of th. Army. -aid r •operty shall r.:.. „r..,•:..e ..r property of the United States uifhout compensation therefor, or the Seeretary of the Arr.; . t;r. prroperfy to be removed and the premises to be so restored at the expense of the licensee, c>.. r .r 14- rr . damages against the United States or its officers or agents shall be created by or made o. ccro,,:,. I removal and restoration work. °r F. That the licensee al It pay the cost, as defermined by the said o1heer, of producing c-:: c ::J:• t any utilities and other services furnished by the Government or through Government-ou•ne- c:::.::, . C: t.. . c• r, r.: c.:r.'.e c. c{ we of the licensee, including the licensers proportionate chart of the cost of operation or i';.c t, r.: the Government-owned facilities by which such ulitilres or services are produced or sneppi;ru, menL shatl be under no obligation to furnish utilities or services, Payment shall be m4--:t r. f..earrai prescribed by the said officer upon bills rendered monthly. 7. That the United States shall not be responsible for damages to pror, sty or injuries tc pr:o :v way arise from or be incident to the construction, maintenance, and use of the facilities ce+:r n r:c '.y licensee on the said premises. 8. That this licerut may be ltrminrtted by the licensee at any time by giving to the Secrc;cry c, t;•c .i^ through the said o&er, at least itn (10) days' notice in writing; provided that, in case of suer, xr., no refund by the United States of any rental theretofore paid sholl be made. :rc C's:if r Ststrr :r. r 9. That it is to be undersIood that this license is egeetivr only insofar as the rights of 0r the property involved are concerned, and that the licensee shall obtain such permission as mz; il; sc:u: cry l on account of any other existing rights. 11. That the installation and maintenance of the line shall be accomplis5cd i in such a manner as not endanger personnel or property of the united Str:tes on the land or obstruct travel on any road thereon. 12. That the licensee shall supervise said line and cause it to be inspecter at reasonable intervals and shall immediately repair any defect therein directcc ter, as a result of such inspection or when requested by the said officers to repair any defects. Upon completion of the installation of the line and the ma,r:ing o: any repairs thereto, the premises shall be restored immediately, by and at the tc expense of the licensee, to the sane condition as that which existed prior to ic_! commencement of such work, to the satisfaction of said officer. 13. Shat this license is not assignable and any attempt by the licensee to transfer it voids the license. 14. That by acceptance of :his license agreement, licensee shall comply witi: conditions contained in easement issued concurrently. f r.i1 2 r WWI v,~ T 71 -1 P" ` prior to execution of this instrument, the granting clause was modified, Cond._ion Nos. 1 and 10 were deleted, and Condition Nos. 11 through 14 were _ added on page 2. i OAS d go "404 Q~ W' 146" w This License is not subject to Title 10, United Slates Code, Section 2662. IN WMVESS WHEREOF, I hays hereunto -et my hand by aulhor7fy of fhe Secretary of the Army this diy of 19 i JAMES P. CAIN Chief, Real Estate Division i The abore instrument, together with a!( the conditions theirof, is hereby accepted this M day of 19 i ~ HE CI7 DENT N fj I , BY: r ITLE) ATTEST J jw MY AT~, C"OfOWN, IM 3 OV. S. Oarw".,.I Llnllry C"C.' IM-M-*IRA N! ~l1 M~. Its 1 ~ v , r.. 111 t','ti ~4 ~d'f: .S yr'..J .,`~Yr ~r'.~~iK.~}J lrr d. ~1 v 1Y r,. ~ * ~ ~'v f .y:` t w / 7 .`j F{ ` J. 1 .arry.t y.R` LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE DENTON COUNTY, TEXAS PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR SEWER LINE TO CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton, State of Texas, beingg part of the John S. Dickson Survey (A-342) and the Alexander E. Cannon Survey (A-232), 77 and being a strip of land 60 feet in width, 30 feet on each side of the following described center line: FROM Government Marker No. F-554-4 for a re-entrant corner for a tract of land designated as Tract No. F-554 for Lewisville Dam and Garza-Little Elm Lake, along a northeasterly boundary line far said Tract No. F-554, Narth 17030'53" West, 151.30 feet to a point for the easterpmost carper for an easement far the City of Denton, Texas, Sewage Lift Station from U.S.A., recorded in Deed Records, Volume 1111, Pale 678; THENCE along the boundary line for said easement as follows: South 72°29'07' West, 131.9 feet to the Point of Beginning for this easement; THENCE South 04'56'14' West crossing Hickory Creek, 190.8 feet to a point; THENCE South 35'34141' East 428.70 feet to a point; THENCE South 83'17'27" East crossing Hickory Creek, 443.28 feet to a point; THENCE South 56027'09' East 271.10 feet to a point on the west edge of a gravel road; THFNCL South 02°40'49" East crossing said gravel road at 180 feet, in all 597.0 feet to a point; THENCE South 69440149" East 250.00 feet to a point; THENCE North 88'21'31" East 552.66 feet to a point; THENCE South 83'43'09" East 413.04 feet to a point; sail point being South 04'12'49" East 20.43 feet from Government Marker No. F-551-2; THENCE North 78849'30" East 502.69 feet to a point; THENCE South 75034'20" East 321.92 feet to a point; THENCE North 24'28'17" East 358.40 feet to a point; said point being South 75'24'00" East 46.63 feet from Government Marker No. F-551-4; THENCE North OG021119" East 269.47 feet to a point; THENCE North 14'23'21" West 566.50 feet to a point; THENCE North 38'16'19" West 384.59 feet to a point; THENCE North 02'53'19" East 30.60 feet to a point; in the south right-of-way line of Texas Farm to Market Road No. 2181; said point being the end of this center line; said point being South 86°39'53" East 13.50 feet from Government Marker No. 551-5, said strip of land containing 7.69 acres, more or less, SAVE AND EXCEPT from the above described tract that portion lying 10 feet on each side of said center line which is proposed perpetual easement to City of Derton, Texas, from U.S.A. cortai Ing 2.56 acres, more or less, leaving a net area of 5.13 acres, more or less herein described. EXHIBIF A i 'ter - 1 ~ k _ i - ~ 1. Ill ( I' • ' i ` T . rl- t • 7777777 ,.L~iC~~f~"ii~+' ,(....fwlt 1i'K :1:4r✓? -.c'ti .ti. /r..,_ .._:;'._f...Y .r Speed Letter, To Charlotte Allen From Jeanette Scott subject Denton Boy's Tackle Football Association Na e e 10 FOLD l+E FS r.G' This contract is not on the agenda because the amount is under $3,000. The Mayor needs to execute along with the attached contracts. anks Date 9-13/84 signed F~FY No J FOLD No 10fOlD Date Signed Wilson Jones Cornfany PiU%~ ; EN7 PEr r.l'. V,HITE COPY. FFTUFN P,% COPY Yl.nMYV M.IM ;~.1 6DJ Y DENTON BOYS' TACKLE FOOTBALL /.SSOCIATION THE STATE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S I This Agreement made this the day of , 1984, by and between the Denton Boys' Tackle Foot all Association ( hereinafter referred to as 'Association', and the City of ! Denton, hereinafter referred to as 'City', each acting by and through its authorized officials, pursuant to the Lollowing terms and conditions: I. City agrees to deposit with the Association the sum of Two Thousand Six Hundred Twenty-Five and No/100 ($2,625.00) Dollars, and certain fees and charges hereinaftF described, for the City's fiscal year 1984-85. 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 Two Thousand Six Hundred Twenty-Five and No/100 ($2,625.00) Dollars, the City 1 will make one payment to the Association on the 1st day of October, 1984, in the amount projected in the annual budget.i City shall make such payments solely from current revenues in a the budget of the Parks and Recreation Department. Expenditures } j shall be authorized for a period from October 1, 1984 through November 30, 1985. t II. ~ Association agrees to provide qualified officials for all Boys' Youth League Football games and special games that are sponsored by the Denton Boys' Tackle Football Association ~ III. Association agrees to the following additional terms and conditions: r 1. It will establish a separate bank account for deposit of the Two Thousand Six Hundred Twenty-Five and N01100 ($2,625.00) Dollars pain to the Association by the city and all expenditures f aWi~ I i for services provided shall be made from this account. { 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. { r 3. It will permit authorized officials for the City of Denton to review its books at any time. E 4. It will reduce to writing all of its rules, regulati<:..ns, and policies, and file a copy with the Director of Parks and Recreation or his authorized representative along with any E' amendments, addition,-, or revisions whenever adopted, 5. It will not enter into ,,ny contracts that would encumber the City funds for a period that would extend beyond the term of ' this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of December, 1985. 7. it will refund the balance of the special account to the City of Denton on or before December 11 1985, except for Five Dollars ($5.00) to be left in the account so the account will not have to be closed and reopened eac`i year. 4 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 f authorized representative for further direction. " f 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 all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and 4he Asso- ciation from any claims, injuries, or damages of the officials. .tom DENTON BOYS' TACKLE FOOTBALL ASSOCIATION-PAGE 2 • r j . 12. It will ret,-iin officials as independent contractors and not as employees. { IV. The general terms and conditions are as follows: i 1. If any of the terms and conditions are not complied with i by the Association, the City is authorized to refuse to make anv I further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. i 2. This coatract 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 govern- mental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that ? c: person's authorized representative. 4. Any contributions or gifts re^eived by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an Y agent or department of the City. It shall have complete a control, supervision, and responsibility for its activities t .~Y under this contract including the hiring, supervision, and r control of its employees. a IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the day of , 1984. .M 4r' -A *IHARD 0. TEWAR MAYOR F D TUNi TEXAS k :;y DENTON BOYS' TACKLE FOOTBALL ASSOCIATION-PAGE 3 U e R ,j ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: j JOE D. MORRIS, ACTING CITY ATTORNEY f CITY OF DENTON, TEX,,S i BY: i DENTON BOYS' TACKLE FOOTBALL ASSOCIATION BY: s PRESIDENT r That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. s G E~ 1 - 1'rzz4e_,;0 DATE G. CH IS HARTU CITY MANAGER. 3 c q r 1 r 21 E s i _ j c DENTON BOYS' TACKLE FOOTBALL ASSOCIATION-PAGE 4 i CIP i DENTON PEE WEE BASKETBALL ASSOCIATION THE STATE OF TEXAS S CONTRACT FOR SERVICES ' COUNTY OF DENTON S This Agreement made this the 1st day of December, 1984, between the Denton Pee Wee Basketball Association, hereinafter referred to as the 'Association', and the City of Denton, hereinafter referred to as 'City', each acting by and through its authorized officials, pursuant to the following terms and conditions: I. City agrees to pay to the Association the sum of Three Thousand One Hundred Fifty and N01100 ($3,150.00) Dollars, and certain fees and charges hereinafter described, for the City's s r fiscal year 1984-1985. 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 1 the above Three Thousand One Hundred Fifty and No/100 ($3,150.00) Dollars, the City will make one payment to the Association on the 2st day of December, 1984, in the amount 1 { projected in the annual budget. City shall make such payments ( solely from current revenues in the budget of the Parks and i Recreation Department. Expenditures shall be authorized for a period from December 1, 1984, through February 28, 1985. II. Association agrees to provide qualified Basketball officials for all Youth League Basketball games and special games that are sponsored by the Denton Pee Wee Basketball Association. Association agrees to the following additional terms and * conditions: r. F 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any accidental commingling of funds. ~i k,X ~N . fJo i a 2. It will establish, operate, and maintain an account i system for this program that will allow for a tracing of funds and a review of the financial status o. #.he program. 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations 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 wauld encumber the City funds for a period that would extend beyond the term of this Agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his E representative by the lst day of March, 1985. 7. It will refund thF- balance of its account to the City of i 3 Denton on or before March 1, 1985. 8. It will promptly pay all bills when submitted; unless a there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his a authorized representative for further direction. r f 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other city f 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 °p{ Association, its employees, and/or contractors. s 11. It will obtain releases from the officials which will i releese, indemnify and hold harmless the City and the Association from any claims, injuries, or damages of the officials, ` 12. It will retain officials as independent contractors and not as employees. { :r a,, DENTON PEE WEE BASKETBALL ASSOCIATION-PAGE 2 } 4Y4: i so IV. The general terms and conditions are as follows: 1. If any of the terms and conditions are not complied with by the Association, the city is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulgated by the fb i United States of Aierica, State of Texas, or any other P 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 contribution or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WN.EREOF, the parties hereto, acting under . authority of their governing body and Board of Directors, have caused this contract to be executed in two cou t rparts$ each of i which will constitute an original, as of the day of , 1984. I HARD 0 STEWI T, MAYLIR S'" CI' OF D NTON, TEXAS `v DENTON PEE WEE BASKETBALL ASSOCIATION-PAGE Y ATTEST: C TTr ALLEN, CITY SECRETARY e i CITY OF Di:NT(,N, TEXAS r APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY i CITY OF DENTON, TEXAS t BY: t s DENTON PEE WEE BASKETBALL ASSOCIATION r; i BY: t That Piul Leslie, is hereby designated as the person to t administer the provision of this agreement. i ~ DATE G. RIS HARTUNG Q ? CITY MANAGER . i (s, II ' r. ti ~t d wr rt. t 1 t DENTON PEE WEE BASKETBALL ASSOCIATION-PAGE 4 i ICAf . S~ K s. I DENTON GIRL'S SOFTBALL ASSOCIATION T;1E STATE OF TEXAS S I, CONTRACT FOR SERVICES COUNTY OF DENTON S This Agreement made this the 1st day of April, 1985, by and between the Denton Girl's Softball Association, hereinafter referred to as the `Association', and the City of Denton, hereinafter referred to as 'City', each acting by and through its authorized officials, pursuant to the following terms and conditions: 1. ` City Agrees to deposit with the Association the sum of Four Thousand Three Hundred and N01100 ($4,300.00) Dollars and certain fees and charges hereinafter described, for the Cityrs {j fiscal year 1984-85. Association shall submit an annual budget r to the Denton Parks and Recreation Department for approval which i E 7 shall set forth on an item by item basis the fees and charges hereinafter described, and the above Four Thousand Three Hundred and No/100 ($4,300.00) Dollars, the City wil', make one payment s to the Association on the lot day of April, 1985, in the amount i projected in the annual budget. city shall make such payments solely from current revenues in the budget of the Parks and s Recreation Department. Expenditures shall be authorized for a ~ period from April 1 through August 31, 1985. r II. Association agrees to provide qualified umpires for all Girl's Youth League Softball ; games and special games that are sponsored by the Denton Girl's Softball Association. III. ji Association agrees to the following additional terms and conditions: ,.t 1. It will establish a separate bank account for deposit of the Four Thousand Three Hundred and No/100 ($4,300.00) Dollars' r f FS~ 777 paid to the Association by the city and all expenditures for ; services provided shall be made from this account. 2. It will establish, operate, and maintain an account' system for this program that will allow for a tracing of funds ` and a review of the financial status of the program. 3. it will permit authorized officials for the City of t t Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations,' 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 3 the city funds for a period that would extend beyond the term of this Ag-gement. s 6. It will prepare and submit a report of expenditures and F i revenues to the Director of Parks and Recreation or his repre- sentative by he 1st day of September, 1985. 7. It will refund the balance of the special account to the City of Denton on or before September 11 1985. 8. It will promptly pay all bills .*hen 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. 9. It will appoint a representative who will be available to -t 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 K all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. ff f~. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Associ- ation from any claims, injuries, or damages of t<<c officials. .x 12. It will retain officials as independent contractors and pV: DENTON GIRL'S SOFTBALL ASSOCIATION-PAGE 2 i t, not as employees. IV. fI The general terms and conditions are as follows: f 1. If any of the terms and c3nditions are not complied with r by the Association, the C'ty is authorized to refuse to make any r 3 further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other governmental body or agency havir.g lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that K person's authorized representative. f 4. Any contributions or gifts received by the Association i` E' are not subject to the provisions of this contract and they G: should be kept separate and apart from the funds, charges, and, od febs 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 f 1 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 U control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of tneir 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 1st day of April, 1985. r 4 Ali 40 . TEW &rM A Y 0CITY OF DE TON, TEXAS 4f 1 DENTON GIRL'S SOFTBALL ASSOCIATION-PAGE 3 7~„ a I ATTEST: + ~ CHAR OTi'E ALLEN, CITY SECRETARY 3 CITY OF DENTON, TEXAS f APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS : BY:%AIA DENTON GIRL'S SOFTBALL ASSOCIATION BY: id/ PRESIDENT "i That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. DAT G. CHRIS HARTUNG j CITY MANAGER i s AI P DENTON GIRL'S SOFTBALL ASSOCIATION-PAGE 4 R DENTON SOCCER ASSOCIATION THE STATE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S This Agreement made this the J~ day of Ji"n 1984, by and between the Denton Soccer Associate n, hereinafter i referred to a,. the 'Association', and the City of Denton, y hereinafter referred to as 'City', each acting by and through its authorized officials, pursuant to the following terms and a conditions: I. City Agrees to pay to the Association the sum of Four" 7 Thousand Seven Hundred Twenty-Five and No/100 ($4,725.00) Dollars and certain fees and charges hereinafter described, for } the City's fiscal year 1984-85. Association shall subm?L an r e' annual budget to the Denton Parks and Recreation Department for approval which shall sc't forth on an item by item basis the fees and charges hereinafter described, and the above t-)ur Thousand Seven Hundred Twenty-Five and No/100 ($4,725.00) Dollars, the City will make one payment to the Association on the list day of vl October, 19841 in the amount projected in the annual budgets 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 October 1, 1984 through September 30, 1985. II. Association agrees to provide the following services: ;g 1. IL shall provide' qualified Soccer officials for all fouth :r League Soccer games and special games that are sponsored by the k .Y Denton Soccer Association. s Association agreer• to the following additional terms and conditions: 'F v 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any accidential comingling of funds. 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. It will permit authorized officials for the City of j Denton to review its books at any time. r 4. It will reduce to writing all of its rules, regulations, and policies and iile a copy with the Director of Parks and Recreation or his authorized representative along with any i amendments, additions, or revisions tihenever, adopted. ' 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. i 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of December, 1984 and the 1st day of June, 1985. c 7. It will refund the balance of its account except for $15.00 to keep the account open, to the City of Denton on or before June 1, 1985. 8. It will promptly pay all bills when submitted; unless 4 there is a discrepancy in a bill which should be promptly i reported to the Director of Parks and Recreation or his Y authorized representative for further dire.tion. 9. It will appoint a representative who will be available to ~f meet with the Director of Parks and Recreation and other City ` officials when requested. i 10. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. i k DENTON SOCCER ASSOCIATION-PAGE 2 p' f~ r j"~'•' IL WIN" 10, i. f 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Associ- ation from any claims, injuries, or damages of the officials. 12. It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as follows:+ 1. If any of the terms and conditions are not complied with :4y by the Association, the City is authorized to refuse to make any i l further payments until the condition on which the complaint is based is corrected to the satisfaction of the City.9 2. This contract shall be subject to all valid rules, regu- lations, and laws applicable thereto as promulgated by the 4 rw United States of Amaricz, State of Texas, or any other govern- ty> i mental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices s required herein to the Director of Parks and Recreation or that .I person's authorized representative. 4. An contriLutions or Any gifts received by the Association are not subject to the provisions of this contract and they j; should be kept separate and apart from the funds, charges, and fees; covered by this contract. 4`. 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, t supervision, and responsibility for ics activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under auth- ority of their governing body and Board of Directors, have N caused this contract to be duly executed in two counterparts, x !t DENTON SOCCER ASSOCIATION-PAGE 3 ♦,~d~q:.S...r iI ?',.,f~ 'a, r 4., 1'+t:f 1! I A e'k .ir r•n ' RR -C1 ti. ,s 5 Kam.~ t k' r p 7 4- each of which will constitute an original, as of the 1~Q day 0 of , 1984. l IC ARD 0. TEWART MAYOR CIT OF DE TON, TEXAS ATTEST: C RL E LLEN, CITY SECRETARY CITY OF DENTON, TEXAS 'f APPROVED AS TO LEGAL FORM: r JOE D. MORRIS, ACTING CITY ATTORNEY" CITY OF DENTON, TEXAS BY: rr W ~p i OENTON SOCCER ASSOCIATION BY: llL~ 'j RESIDENT f That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. i s DATE G. CFiRI ARTUN (f y CITY MANAGER`. } i .'a 1), 71, ~x w f r°s, DENTON SOCCER ASSOCIATION-PAGE 4 (t ~ r SAM. i DENTON BOY'S BASEBALL, INC. 1 THE STATE OF TEXAS S CONTRACT FOR SERVICES COUNTY OF DENTON S This Agreement made this the 1st day of April, 1985, by and between the Denton Boy's Baseball, Inc. hereinafter referreIJ to as 'Association', and the City of Denton, hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: t. t 5 I. ;j City agrees to deposit with the Association the sum of ' Eleven Thousand Five Hundred and N01100 ($11,500.00) Dollars, i and certain fees and charges hereinafter described, for the f a '.j City's fiscal year 1989-85. 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 Eleven Thousand? 1 Five Hundred and No/100 ($111500.G0) Dollars, the City will make one payment to the Association on the 1st day of April, 1985, in, the amount projected in the annual budget. City shall make such ,Y payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for ~4JS a period from April 1 through August 31, 1985. Association agrees to C1k prov'.de qualified umpires for all a, Boy's Youth League Baseball ganes and special games that are , sponsored by the Denton Boy's Baseball, Inc. III. Association agrees to the following additional terms and °r e conditions: 4 1. It will estab:ish a separate bank account for deposit of the Eleven Thousand Five Hundred and NG1100 ($11,500.00) Dollars paid to the Association by the City and all expenditures for i services provided shall be made from this account. s DENTON BOY'S BASEBALL, INC.-PAGE 1 t: Y ■ov a - --7 77, <~.ti V µ ra 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds t and a review of the financial status of the program. 3. It will permit authorized officials for the City of i i Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any ` 5 amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of Nz this Agreement. b. It will prepare and submit a report of expenditures and k revenues to the Director of Parks and Recreation or his repre- j5y .;f sentative by the 1st day of September, 1985. 7. It will refund the balance of the special account to the City of Denton on or before September 1, 1985. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which should be promptly i reported to the Director of Parks and Recreation or his authorized representative for further direction. s, ° 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City paa%i 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 releases from the officials which will release, indemnify and hold harmless the City end the Association from any claims, injuries, or damages of the officials. 12. It will stain officials as independent contractors and .w not as employees. DENTON BOYS BASEBAIT,r INC.-PAGE 2 r t irrrrr~rrru s T.,. i' IV. The general terms and conditions are as follows: F' f i 1. If any of the terms and conditions are not complied with ffr• by the Association, the City is authorized to refuse to make any f ' further payments until the condition on which the complaint is i based is corrected to the satisfaction of the City. i 2. 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 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 t person's authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of this contract and they r`{ should be kept separate and apart from the funds, charges, and , k: fees covered by this contract. jx 5. Association shall provide its services and be paid by the City in the ce.pacity of an independent contractor and not as an agent or department of the City. It shall have complete Y control, supervision, and responsibility for its activities c under this contract including the hiring, supervision, and Y control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have ' caused this contract to be duly executed in two counterparts, each of which will constitute an original, as of the 1st day of ~i April, 1985. IC ARD 0 STEW , MAYO CIT OP NTON, TEXAS DENTON BOY'S BASEBALL, INC.-PAGE 3 Y' t ATTEST: SECRETARY aALTi AT. T. CITY CITY OF DENTON# TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: fi. r, 1 fi7 BOY'S BASEBALL, INC.` BY: PRESIDENT, That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. a DATE G. CHRIS HARTUNG CITY MANAGER . q. ~y a' } 001 n F K r 1 Y" ti, 4 ` i t DENTON BOY'S BASEBALL, INC.-PAGE 4 i Y 7 j i R E S O L U T I O N WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented proposed policies regaraing employee rules and regulations for the council's consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regaraing employment with the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, .'HAT: SECTION 1. The following policies, attached hereto and maae a part hereof, are hereby adopted as official policies of the City of Denton, Texas: Medical Examinations (Reference No. 102.10) Overtime (Reference No. 106.04) Compensatory Time (Reference No. 106.05) Holidays (Reference No. 107.02) Death in the Family (Reference No. 111.06) SECTION II. t Y The foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. The previous policies relating to Medical Examinations (Reference No. 102.10), Overtime (Reference No. 106.04), r Compensatory Time (Reference No. 106.05), Holidays (Reference No. 107.02), and Death in the Family (Reference No. 111.06) adopteo by Resolution of this Council on August 21, 1984 are hereby rescinded. ti SECTION IV. Tnis Resolution shali be effective from and after its date of passage and approval. PASSED AND APPROVED this the day of 1984. t{ y I A D TEWA , MAYOR CIT OF DE TON, TEXAS ATTEST: 12 ^e CHARL TT ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS 7 r i CITY OF DENTON PAGEI OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION : NUMBER: PERSONNEL/EMPLOYEE RELATIONS 102.10 Si,BJECT EFFECTIVE OATE, EMPLOYEE APPOINTMELU 4-18-84 RE➢LACES: TiTLE. MEDICAL EXAMINATIONS 8-21-84 i E POLICY STATEMENT: It is the policy of the City of Denton to require certain employees as determined by the job specification to be examined by a physician under certain circumstances described below, No one who is given a medical examination shall be employed unless the examining physician certifies that the person meets the minimum standards of physical fitness required for the position. Medical examinations may be used to ensure that employees remain in good physical cc 1 condition in order to perform the demands of the job. As a condition of employment, and based upon job requirements, all prospective or transferring employees may be required to pass a physical examination administered by a physician designated by the City of Denton. Employees may be required to have a physical examination on other occasions, such as in-house advancement, or whenever the employee's supervisor determines that a potential health problcm may prevent an employee from performing his/her job duties. 1. Conditions of Employment A. Physical examinations required by the City of Denton for promoted, transferred, or current employees shall be paid for by the City of s- Denton. Time spent by an employee in waiting for and receiving a physical examination shall be considered hours worked for pay purposes. B. Supervisors are responsible for notifying the Persc.nel/Employee Relations Department of any positions which place p).yaical or environmental demands on the employee. Such positions will be reviewed by the Personnel/Employee Relations Department in order to evaluate and determine the type and extent of medical examinations required prior to job performance. II. Payment of Medical Examinations A. Medical examinations paid for by the City of Denton are the property of the City of Denton and shall be confidential. A copy of the medical examination report shall be available to the employee upon written = request. F' 4 ~aua.. r v X ~C K•I~f PAGE 2_OF-2- , POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIHBCTIVB (Coatinned) REFERENCE TITHE'. NUY8M MEDICAL EXAMINATIONS 102.10 I 8. When the City of Denton requires a physical examination or physician's report concerning an illness or injury suffered by an employee, the examination shall be at the expense of the city of Denton and performed by a physician selected by the City of Denton. I C. Such examLnations may be authorized by the Director of Personnel only. Employees who are not satisfied x.th the physician's determination may submit a report from a physician of their own choosing and at their own expense. In the event of conflicting opinions, the City of Denton may employ a third physician to examine the employee. The City of Denton will pay for this third physical examination. 4 D. The reports of the physicians involved, along with the demands of F the job and the employee's ability to perform the job duties, will be the basis for a decision. III. Civil Service 6 In the case of rejection of a Civil Service applicant for appointment, or for promotion, Civil Service-proceedings shall apply if the applicant 4 wishes to challenge the rejection. Vernon's Civil Statutes, Article 1269p, is available for review at the City of Denton Public Library and the departments of Fire, Police, and ,r Personnel/Employee Relations. F, iy l-~y r .i ~r e ~ t. 0248g 9/6/84 i f ' wF e In « r t t \ v a ~b t CITY OF DENTON PAGE-1-OF-1- POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRRCTIVR REFERENCE SECTION, NUMBER: f PERSONNEL/EMPLOYEE RELATIONS 106.04 1 EFFECTIVE GATE, SUBJECT WAGE AND SALARY PLAN 4-18-84 I REPLACES. TITLE, OVERTIME 8-21-84 i 3 POLICY STATEMENT: a The City of Denton requires employees to work overtime %hen necessary and as re- quested by the supervisor. Overtime is defined as authorized time worked or authorized paid leave which e,<ceeds the officially scheduled time (i.e., 80 hou.•v or 112 hours) during the pay period. Overtime on any job shall be allocated as evenly as possible among all employees qualified to do the job. The personnel Director is responsible for maintaining the exempt/non-exempt status of all City positions. Supervisors shall make every effort to schedule overtime as far in advance as possible. Supervisors shell be held responsible for ensuring that overtime is assigned only when atsolutely necessary. Exempt/Non-Exempt Status A. Non-exempt employees are classified under the following job families: j service/maintenance, office/clerical, and technical/para-professional. B. Exempt employees are classified under the following job fannies: management/supervision, professional, and executive. C. Employees In job family M/I-3 will convert to non-exempt Ftatus for emergency overtime situations only. (See definition of Emergency under Administrative Procedure page 2). Overtime Pay A. Nor.-exempt employees will be paid at the rate of one and one-half times :t their regular rate of pay for authorized overtime. Overtime will be paid for all additional time worked to the nearest quarter hour. R B. Regular pert-time employees will not receive overtime pay until the number of hours actually worked or on authorized paid leave exceeds an eighty (80) hour pay period.t 7 c ;y C. Seasonal and temporary employees are not eligible for overtime pay. f' D. Exempt employees are not eligible for overtime pay. [[4.. L 'y f Yi 1 f / F ~ "}~F ~ ~ r " . ~ it r l~y.~~ r ~ AF ~ 'l ~ } rcrc 1 y~ r.r .L 'rill 7Syf r~ + • ,b< '.Cr r R. ''1 ily'!~T d: ti~..h. L.' Jxk. .!e CITY OF DENTON PAGE , OF __L POLICY/ADlIiN19T8ATiVS P80C8DURS/ADlIINI9THATIVE D18ECTIVB REFERENCE '1 D__ SECTION- NUMBER: PERSONNEL/FJOLOYEE RELATIONS 106.05 SGBIECT EFFECTIVE DATE. WAGE AND SALARY PLAN 0-18-84 REPLACES f TITLE. COMPENSATORY TIME 8-21-84 i 3 POLICY STATEMENT: The City of Denton provides compensatory time at the discretion of the supervisor. Compensatory time is defined as time off taken as compensation for approved hours worked beyond an eighty (80) hour pay period for which no other compensation is paid. The overtime policy 106.04 requires all employees to work overtime when necessary and as directed by the supervisor. •s At the discretion of the supervisor, compensatory time off at the rate of one and one-half times the hours worked may be granted in lieu of paid gvertime for ai< non-exempt employees, one-to-one for eligible exempt employees . A maximum of eighty (80) hours compensatory time may be accrued by non-exempt employees and those exempt employees in professional pay range 1-5 and management pay range 1-3. For non-exempt employees all time accrued beyond that limit will be converted to overtime pay at the current pay rate Exempt employees are not eligible to be paid for compensatory time. J .i e7a i f,r'J r; t~ E ~r ! J~ CITY 'OF DENTON PAGE CF POLICY/A'JMINISTRATIV9 PROCLDURE/ADIIINISTRATIVE DIRECTIVE yF SECTION. REFERENCE ~a NUMBER: 3. PERSONYEL/EMPLOYEE RELATIONS 107.02 SUBJECT EFFECTIVE DATE, EMPLOYEE BENEFITS AND SERVICES 9-18-84 TITLE REPLACES. I HOLIDAYS s-u-sa { POLIYCY STATEMENT Tne following holidays are declared official holidays for regular full time and F regular part time employees: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Friday After Thanksgiving Christmas Eve f Christmas Day A holiday shall be defined as a period of eight (8) hours at straight rates, E Holidays occurring on Saturday will be observed on the preceeding Friday and holidays occurring on Sunday will be observed on the following Monday. i All regular employees are eligible after completion of one day of work. Regular part-time (includes one-half and three-quarter time) employees who work twenty (20) hours per week or more shall be entitled to holiday pay at a rate equivalent to the budgeted pay classification of either one-half (1/2) or three-quarter (3/4) time. Seasonal and temporary employeer will be paid their regular rates on a holiday only if required to work. NOTE: In the case of fire-fighters whose hourly rate is computed on 2912 hours annually rather than 2080 hours, holidays will be considered to be 12 hours to avoid recomputing the hourly rate for the holiday. :y . ^e i' y 1~ f )i ~V .1 ` p r' 4' S • -Ij tit ~ 4?, 1 60 CITY OF DjeNTON PAGE~OF~_ Q,} POLICY/AD3[INISTRATIVE PROCEDURE/AD1kINIRTRATIVE DIRECTIVE i REFERENCE SECTION: NUMBER: PERSONNEL/EMPLOYEE RELATIONS 111.06 SUB.IECT. EFFECTIVE GATE. APPROVED LEAVE 9-18-84 i ~ JJJ REPLACES: I TITLE: If DEATH IN THE FAMILY LEAVE 8-21-84 POLICY STATEMENT: It is the policy of the City of Dtnton to grant a maximum of three days k paid leave t. to regular full-time employees in cases of death of family members. Uses of this leave may include making funeral arrangements and attending funeral services including travel time. The following family members are considered family members: J; Immediate Family Other Family i Husband Father-in-law Uncle Wife Mother-in-law Aunt j Son Brother-in-law Nephew I.; Daughter Sister-in-law Niece Mother Son-in-law Grr,ndfather-in-law Father Daughter-in-law Grandmother-in-law Brothers Grandparents Sisters Grand Children Step and Foster Children a . .1 I t q i •`J 1 'k f i s F A,{' 1 t X17 ~ ~ ! ~.f 'It/~- 1 `I' ,f.' ~ i vr,. I 4 iv t ~ 3 I c ! , ~ l.Kay d` vj't 1 w•.,40i " I~ .~1 4~q,,y PC~7.r n~ ~ vr1 N~ ?:!"~Y( ~ s lv/'►X4't',~'~#~{ ~ }s, s•y' ':-c J.,tit♦ w nit"Y FSTF✓D.";s. ':"R,. ~cF..ti;~ ` r.°.S a1.'ts:"•e~'. `.!~•..or, I R E S O L U T I O N 1 WHEREAS, more than four ranks exist below that of the position 1 of Fire Chief in the City of Denton Fire Department as classified positions under Article 1269m, V.T.C.S.; and i WHEREAS, on January 11 1983, one person was serving in the permanent classification of Assistant Chief immediately below that of Fire Chief; and E WHEREAS, Section 8A of Article 1269m, V.T.C.S., as amended f effective September 1, 1983, authorizes the Chief of the Fire Department to appoint one position to the classification immediately below him to serve at his pleasure without civil service protection if such authority is conferred by resolution of the City Council; and WHEREAS, it is determined to be in the best interests of the city to confer such authority upon the Chief of the Fire Department; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF'. DENTON, TEXAS: q' SECTION I. That the Chief of the Fire Department of the City of Denton, Texas, be and is hereby authorized to appoint one person to the classification immediately below him when and if a vacancy occurs in such classification now existing or as may be hereafter created by ordinance of the City Council. ~i SECTION II. { That such person appointed by the Fire Chief pursuant to Section I hereof shall meet the minimum qualifications for such appointment as established by Article 1269m, V.T.C.S. and shall serve at the pleasure of the Fire Chief without civil service protection. PA6SED AND APPROVED this the AL day of 1984. V ICI kD 0. TEWAR , MAYOR CIT OF DE ON, TEXAS ATTEST: -tLf C R4LO'TE-ALIENI CITY SECRETARY CITY OF DENTON, TEXAS s APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: s ~ 1J~ 'r, a r °t i .ef P° Kr ''r r Sr r d "'Y f: ~l ,.Y P.•~. ~r ~ Fu ;Y' {~a..p':'` ar. .a,.,ti.w al. a.; l~`i Y^12 ::.'.N•..1:: ~'r f~~._ti1r .n '°s n'r~,N ~'hr~tf f'~ is `AC'".t~~/~.",'~~ ~~i.~ ~ yy Fr., R E S O L U T I O N} WHEREAS, the ranks of Captain, Lieutenant, Sergeant and Police officer exist below that of the position of Chief of Police in the City of Denton Police Department as classified positions under Article 1269m, V.T.C.S.; and WHEREAS, on January 11 1983, three persons were serving in the permanent classification of Captain immediately below that of Chief of Police; and WHEREAS, Section 8A of Article 1269m, V.T.C.S., as amended effective September 1, 1983, authorizes the Chief of Police to r appoint up to four persons to the classification immediately below him to serve at his pleasure without civil service protection if such authority is conferred by resulution of the City Council; and WHEREAS, it is determined to be in the best interests of the City to confer such authority upon the Chief of Police; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:, e f', SECTION I. That the Chief of Police of the Police Department of the City of Denton, Texas, be and is hereby authorized to appoint cp to four persons to the classification immediately below him when and if a vacancy occurs in such classification now existing or as nay be hereafter created by ordinance of the City Council. SECTION II. That such person or persons appointed by the Chief of Police pursuant to Section I hereof shall meet the minimum qualifications for such appointment as established by Article 1269m, V.T.C.S. and shall serve at the pleasure of the Chief of Police without civil service protection. PASSED AND APPROVED this the day of , 1984. )IC ARD 0. TE AR , MAYOR CIT OF DE TON, TEXAS } ATTEST: A) /I X 75, C OTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS ~i APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS 5 BY: ~j. ^1JL~ tf1M~ ° `•~'`t:w' iy d.'`CIA +~4r `~q►!;:~i ~ R ' • /L (Jt!"'~4'~ 'ry,A ift~ 4 ~~a,, r r A ,.a l„n( y+ R E S O L U T I O N WHEREAS, the City of Denton, Texas wishes to acquire a license and easement for the installation and maintenance of a sanitary s:~wer line in, along and across property owned by the United States; and WHEREAS, the United States ha& agreed to grant a license and easement for such use pursuant to the provisions of the license and easement agreements copies of which are attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF s, DENTON, TEXAS: SECTION I. That the City Manager of the City of Denton, Texas is hereby authorized to execute the necessary license and easement agreements, copies of which are attached hereto, with the Department of Ariny on behalf of the City of Denton, to allow the city to install and maintain a sanitary sewer line in accordance with the terms and provisions therein contained on, in and along the property therein described. SECTION II. This Resolution shall be effective from and after its date of passage and approval. PASjEU AND APPROVED this the day of 1984. 'r 4TIZAeR D 0 . STEWA. A YOR OF U TON, TEXAS i ATTEST: •r ; yyj { C RLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS Ta APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DEN7'ON, TEXAS BY: 4 ve, itiy ry~, '~"-2-~^n-; i?S~ T.= P., t,z!'~v,'~:: JI.*T.7..+ a •:c: .~4 -Wen s *74r w r' 'Mr;y yyrr.,.. - ♦ _ '.0 a a DEPARTMENT- OF THE ARMY LICENSE LEWISVILLE LAKE, TERAs THE SECRETARY OF THE ARMY hereby grants to the City of Denton, a political subrivisfon of the State of Texas a lieonse, fora period of one (1) year commesoisg on 1 August 1984 and ending 31 July 1985 but revocable sa the wilt of the Secretary of the Army, to construct a 15-inch sanitary sewer line green as chows iOwd on Exhibit "8" , attached hereto and made a part hereof, and dsaw10d 4& Awl"O. substantially described on Exhibit "A" attached hereto and by this reference made a part hereof. THIS LICENSE is granted subject to the following conditions; 2. That the exercise of the privileges hereby granted shall be without cost or expense to the United States, under the general supervision and subject to the approval of the officer having immediate ju-indiction over the property, hereinafter referred to as "said ofieer," and subject also to such regulations as may be prescribed by Aim from time to time. f s. That any property of the Unite,: States damaged or destroyed by the licensee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the licensee to the sati.tfaciion of the said ofieer, or in lieu of such repair or replacement the licensee shall, if so required by the said officer' pay to the United States money in an amount sufficient to compensate for the loss sustained by the United States L by reason of damage to or destrveticm of Got ernment property. i. That the United States shall not he responsible for damages to properly or injuries to persons which may arise from or be incident to the elereme of the privileges herein granted, or for damages to the property of the licensee, or for injuries to the person of the licensee, or for damages to the properly or injuries to the r person of the licensee's officers, agents..eerr ants, or employees or others who may be on said premises at their irritation or the invitation of any one of them, arising from governmental activities on the said premises, and the licensee shall hold the United States harmless from any and all ouch claims. RMa FORM 'i I Dec as 808 rse mi r-w) I ~ Sp i r5 4ir' i. • ®RIONME, MMqMMMW1-~,F pl4 P~J 'All 3 I 5. That, on or before the date of expimltiox of this tic"" or i's relinquishment by the licensee, the licensee Shall vacate the said Government prenisco, remove all proptrty of the licensee therefrom, and restore the premises to a condition satisfactory to the said oD(cer, damages beyond the control of the licensee and due to fair wear and tear excepted. If, however, this license is revoked, the licensee shall vacate the premises, I remove Said properly therefrom, and restore the premises as afrresaid within such time as the Secretary o the Army may designate. In either event, if the lictnset shall f -tit or neglect to remove said property and so restore the premises, then, at the option of the Secretary of th, Army, 'and vorerly shall either become tht property of the United States uithout compensation therefor, or (At Serretary of Ike Army may cause the property to be removed and Ike premises to be so restored at the expense of the licensee, and no claim for damages against the United Stales or its officers or agents Shall be created by or made on account of such removal and restorition work. 6. That the licensee shall pay the coot, as determined by the said officer, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for Ike use of the licensee, including the licensee's proportionate share of the cost of operation and maintenance of the Government-owned facilities by which such utilities or services at produced or wpplied. The Govem- ment shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by Ike said officer upon bills rendered monthly. 7. That the United States shall not be responsible for damages to prop, •ty or injuries to persons which may arise from or be incident to the construction, maintenance, and use of the facilities constructed by the licensee on the said premises. 8. That this license may be terminated by the licensee at any time by giving to the Secretary of the Array, { through Ike said officer, at least ten (10) days' notice in writing; provided that, in case of such termination, no rtfund by the United States of any rental theretofore paid shall be made. t 9. That it is to be understood that this license is effective only insofar as the rights of the United States in the property iRVOlvtd art concerned, and that the licensee shall obtain such permission as may be ntcessary on account of any other existing rights. 11. That the installation and maintenance of the line shall be accomplishe(A in such a manner as not endanger personnel or property of the United States on the land of ahstruct travel on any road thereon. 12. That the licensee shall supervise said line and cause it to be inspected at reasonable intervals and shall immediately repair any defect therein directed as a result of such inspection or when requested by the said officers to repair any defects. Upon completion of the installation of the line and the making of any repairs thereto, tha premises shall be restored immediately, by sad at the expense of the licensee, to the same condition ns that which existed prior to . commencement of such work, to the satisfaction of said officer. 13. That this license is not assignable and any attempt by the licensee to Vi'i' transfer it voids the license. F~.,. 14. That by acceptance of this license agreement, licensee shall comply with 1 conditions contained in easement issued concurrently. I # 'j: Cj'~, v t = r : - rrl~y'•verwwlr. ; -~er+s;: ,<'rv , j r 4 r ,s e , .r! ~i }y'~P ~i ~rG1 fa '~r~J ~~sY..SV r i .~i A..~~ A "VP. IT•t y~,•}S~.k '(+rr~y Kb~Pb~•, r~~ Ad'], ll~ ~i ) ~ . ~7. r't!.< T ~;r a~ ~ ~ fit •~.'V f1+~S. ar. ` a.•.1~)y. ~'Yr1. :q L a 2 That prior to execution of this instrument, the granting clause was modified, Condition Noe. 1 and 10 were deleted, and Condition Nos. 11 through 14 were added on page 2. s 1L..T.Ias.Cewditiaw{a}-Alr.i~F 11 This License is not subject to Title 10, United States Code, Section 266t. IN WITNESS WHFREOF, l have hereunto set my hand bV aulhorily of the Secretary of the Army this day of It JAMES P. CAIN Chief, Real Estate Division The above instrument, together with all the conditions thereof, is hereby accepted this day of i9 G THE CITY OF DENTON • BY: i (TITLE) ~R= ATTEST: It "i I 1 rS s 4V L OLVan•M MIe11n1 ON p. 11r} 111//r INI i. Me • 111 !i7 t. i Ik' Y y t i 1 V s LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE f DENTON COUNTY, TEXAS PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR { SEVER LINE TO CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton. State of Texas, being part of the John S. Dickson Survey (A-342) and the Alexander E. Cannon Survey (A-232). and being a strip of land 60 feet in width, 30 feet on each side of the following described center line: FROM Government Marker No. F-554-4 for a re-entrant corner for a tract of lend designated as Tract No. F-554 for Lewisville Cam and Garza-little Elm Lake, along a northeasterly boundary line for said Tract No. F-554, North 17030'53" West, 151.30 feet to a point for the easternmost corner for an easement for the City of Denton, Texas, Sewage Lift Station from U.S.A., recorded in Deed Records, Volume 1111, Page 678; THENCE along the boundary Ifr,e for said easement as follows: South 72°29'07" West, 131.9 feet to the Point of beginning for this easement; THENCE South 04°56'14' West crossing Hickory Creek, 190.8 feet to a point; THENCE South 35°34'41" East 428.70 feet to a point; THENCE South 83°17127" East crossing Hickory Creek, 443.28 feet to a point; THENCE South 56°27'09" East 271.10 feet to a point on the west edge of a gravel road; _ THENCE South 02°40'49" East crossing said gravel read at 180 feet, in all 597.0 feet to a point; THENCE South 69°40'49" East 250.00 feet to a point; THENCE North 88°21'31" East 552.66 feet to a point; THENCE South 83°43'09" East 418.04 feet to a point; said point being i South 04612149' East 20.43 feet from Government Marker No. F-551-2; 1! THENCE North 78049'30" East 502.69 feet to a point; THENCE South 75°34120" East 321.92 feet to a point; THENCE North 24428'17" East 358.40 feet to a point; said point being South 75°24'00' East 46.63 feet from Government Marker No. F-551-4; THENCE North 00°21'19" East 269.47 feet to 2 point; THENCE North 14'23121" West 566.50 feet to a point; THENCE North 38'16119" West 384.59 feet to a point; THENCE North 02°53119" fast 30.60 feet to a point; in the south right-of-way line of Texas Farm to Market Road No. 2181; said point being the end of this ` center line; said point being South 86°39'53" East 13.50 feet from Government Marker No. 551-5, said strip of land containing 7.69 acres, more or less. t*r>, SAYE AND EXCEPT from the above described tract that portion lying 10 feet on each side of said center line which is proposed perpetual easement tc City of Denton, Texas, from U.S.A. containing 2.56 acres, more or less, leaving a net area of 5.13 acres, more or less herein described. } rzr . t [ L.' J 1;'I ' fYRIBIi q ~V u I f vf r,j r ~ ~ + 1 /J L 4,' ;fie, • a~-•..~ ~K IS •^e 1 ~ 1 ~rl r ~ N ~ r n >f,'~I1 5 , \'~(~1 ~(41n a~,i~~ r,tt,~,.~1 rs F 1`. 1, !Et t i t I oi. C - A'4 ,~•1 u • ~i 7 - r r0 DEPARTMENT OF THE ARMY EASEMENT FOR RIGHT OF WAY (PIPELINE) I s Lewisville .Lake1„Texas { THE SECRETARY OF THE ARMY, +ftd*r and by virtue of the authority vested in Aim by Title lo, United States Code, Seetionltl6p, hereby prams to the City of Dentin, a political subdivision of the State of Texas not exceeding Twenty Five hereinafter designated as the granite, fora period ( 25 ) years from the dau hereof, an easement for a right of way for the constrac t ion, operation, and maintenance of a 15-inch sanitary sewer line S' over, across, in, and upon land under the control of the Secretary of the Army at the location shown in red on Exhibit "g" substantially on Exhibit "A", attached hereto and +nade a part hsrpo/, and,fteseribad ee`foliawt attached hereto anc by tVs reference mode a part hereof. I-y 1' Ip, THIS CASEMENT is panted rubject to the following oondicions: to advance. Compensation shall be made payable to the laritsdStaJes-apd-f I I~ 6~'¢too 1361 wO►«. 43 PREVIOUS EDiTIOHS MAY BE USED lER 103.1440) i J E ,xr V11 1.. } tl M ~ v A0 j .d , ¢v~ r i' /7 y. 1 fn. y r1 I++ I 1 1. TAe installation and/or operation and maintenance of said line shall be accomplished witAout oat or expense to the United Statt under the general supervision and subject to tAe approval of the olyiecr having immediate jurisdiction over the property, hereinafter designated ae "said ofticer", any is such manner as not to endanger personnel or property of j the United States on the said United Sates land or obstruct travel on any road thereon. The grantee shall have the right of ingress and egress for such purposes. S. The use and occupation of said land incident to the exercise of the privileges hereby granted shall be subject .o such rules and regulations as the said ofker may from time to time prescribe, 4. The grantee shall supervise the • q line and caws it to be inspected at reasonable initrvals, and shall immediately repair leaks found therein as a result of such inspection, or when requested by said officer to repair %sy defects. Upon completion of the installation of said line and the making o/ any repairs thereto, the premises shall be reatored immediately by the grantee, at the grantee's own expense, to the same condition as Wt in which they existed prior to the commencement of such work, to the satisfaction of the said officer. S. Any property of the United States damaged or destroyed by the grantee incident to the use and occupation of the said premises, shall be promptly repaired or replaced by the grantee to the satisfaction of the said ofieer or in lieu of such repair or replacement the grantee shall, if so required by the said officer, pay to the United States money in an amount suoeient to compensate for the loss sustained by the United States by reason of damages to or destruction of Government property. 6. The United States reserves to itself line right to construct, use, and maintain across, over, and/or under the right o/way hereby granted, electric transmission, telephone, telegraph, water, gas, gasoline, oil and sewer lines, and other facilities, in such manner as not to create any unreasonable interference with the use of the right of way herein granted. 7. The United States shall not be responsible for darsages to property or injuries to persons which may arise from or be incident to the use and occupation of the said prtmfaes, nor for damages to the property of the grantee, or for injuries to the person of the grantee (if an individual), nor for damages to the property or injuries to the person of the grantee's oftcers, agents, servants, or employees, or others who may be on said premises at their invita- lion or the invitation of anyone of them, arising from or incident to government activities, and 11 the grantee ehaU hold the United States harmless from any and all such claims. 8. The United State shall not be responsible for damages to property or injuries to f persons which may arise from or be incident to the construction, maintenance, and use of said line. g- T-W time to time for governmental purposes on said la t for such service will be made by the Ait U 1101111115 es v, 'ch shall be mutually apreeable but which shall nerrr=37w w<ost-fa' ' 10. In the event all or any portion of said land occupied by said line shall be needed by the United States, or in the event the existence of said line ahlU be considered detrimental to j governmental activities, the grantee shop, from time to time, upon noeico to to do, and as of ten so so notiftal, remove said line and related facilities to such other looation or locations on said land ae may be designated by said officer, and, in tAe event said tint #MU not be removed or roloeated within ninety (90) days after any aforesaid notice, tAe United States may oWAH the sane to be done at the expense of tM grantee. 2 r:. . rest,. ~t .:,M. air • •a. ?'r - ~ g,'.~ .k "r?.'1.. tut If. This easement may be terminated by the Secretary o/ the Army upon 6'reason4bis s stied to the grantee if the Secretary of the Army shall determine that the right of way hereby grantedinterfere with tb we t o/ said~1and or any part thereof by the United States, or it may be tsrrninatd/ 9 t ~r W Army for failure, neglect, or re/veal by the granted fully am promptly to comply with any and all of the eondittons of this grant, or for } nonwe, for a two-year period or abandonment. 12. Upon the srpirrtian or termination of this grant, the grantes shall, without sspense to the United States, and within sueA time as the Secretary Of the Army may indicats, remove the said tine from said land and restore the premises hereby authorised to as used and occupied to a condition satisfactory to the said officer. In the event the grantee shall fail, negteti, or re/use to remove the said line and so restore the premises, the United States shaft haul the option either to take over tAe said line as the property of the United states, without oompensation therefor, or to remove the said line and perform the restoration work ae aforesaid at the expense of the grantes, and in no event shall the grantee have any claim for damages against the United State or its odtcers or agents, on account of the taking over of said line or on account o/ its ram~sel. 13, .TM conditions of this instrument shall extend to and be binding upon and shall {nand to the bereft of the heirs, representatives, sweemors, and assigns of the grantee. 14. That it is understood that this instrument is effeetite only insofar as the rights of the United States in the said property are concerned; and :hat tit grantee shalt obtain such per, mission as may be necessary on account of any other existing rights. 15. The possibility exists that buried cultural deposits will be discovered during constrvction activities telateu to this action. The grantee will advise his agents, employees r,nd contractors of this possibility. Should previously unknown pcehistorie or historic cultural 'eposits be discovered, the grantee will notify the Corps of Engineers immediately at (817) 334-4626. This easement is not subject to Title 10, United States Code, Section 2182. by authority of the Secretary of the Army IN WITNESS WHNRROF f haw hernato set my hand/fAis day of 12 JAMES P. CAIN Chief, Real Estate Division i4 wo rrr.nr t; 4Ft k' I - - - - - {s r s , . r 43 r • 4 I • { • ~ • , , f err,` ~ e r ' ' a i _ ~~'a'M1la~~k7~'l' `':altAt eS ~i.1 t~~~.7~ y7.',^,~' 6.: a. w. ,b'~f.;f of rrl.°,'1{~~~'~~~'i1~'1'a4"~°%:aapi~}r(,1'y4(`~t~,~lf~~,~~J11~SY'lidl~f711tJVNN~r.T7w~}~: Z p.T . ::ea • J, The above instrument, together with all the conditions hereof, is hereby accepted this day of 1984. tr .x THE CITY OF DENTON BY : ki TITLE it : r4 ATTEST: C E R T I F I C A T E I~ certify that I am the 1 of the City of Denton named as grantee herein, that who signed said instrument on behalf of the grantee was then a of the City; that said instrument was duly signed J for and in behalf of said City by authority of the governing body and is rS within the scope of its legal powers. j "i j~. (SEAL) j 1 : c: "♦J 'A 4 zs far- r ti 1 f' "a4°jr 1t( wV ~•>.!4~, 1 45 i~ . '~77 "+l n r'^',. .R'.'Y!:•"''"2 1~~.~~4".rl rtvi'n~.r~i~Y'. 1 r 16. A general permit applicable to your project has been issued on a i nationwide basis for discharges into waters of the United States. This national permit authorizes the discharge of dredged or fill material which does not exceed ten cubic yards. This discharge must be a part of a single and complete project and no material shall be placed in wetlands. The person responsible for the Eroject must ensure that work is in compliance with specifications stated above and all conditions mentioned above and best management practices listed on the enclosure. Failure to satisfy si these conditions invalidated the authorization and may result in a violation t, of the Clean Water Act. ll. The City of Denton shall coordinate construction activities with Denton County Commissioner, Lee Walker, who is m_ning gravel in the area under separate agreement. 18. The grantee shall comply with all applicable Federal laws and regulations and with all epplicabie laws and ordinances and regulations of the state, county and municipality wherein the premises are located. i { 19. That within tae limits of their respective legal powers, the parties to this easement shall protect the project against pollution of its water. The grantee shall comply promptly with any regulations, conditions or instructions affecting the activity hereby authorized if, and when,issued by Environmental Protection Agency and/or a state, interstate or local governmental water pollution control agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions or instructions l in effect or prescribed by the Environmental Protection Agency, state, j interstate or local governmental agency are hereby made a condition of this j outgrant. 20. The grantee shall not remove or disturb or cause or permit to be ram wed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. In the event s-tich items are discovered on the premises, the grantee shall immediately nrtify the District Engineer, Fort Worth District, and the site and material shall be protected by the grantee from further disturbance until a professional examination of them can be made or until clearance to proceed k.` is authorized by'the District Engineer. i l' 21. The City of Denton shall keep debris from the channel at the point where the line crosses Hickory Creek. 22. The grantee shall not discriminate against any person or persons or exclude any persons :tom participation in the grantees operations, progr'uns f or activities conducted on the easement premises because of race, color, age, sex, handicap, national origin or religion. The grantee, by acceptance of this easement, hereby gives assurance that Title V1 of the Civil Rights Act E of 1964 (Public law 88-352) and all requirements imposed by or pursuant to the Directive of Department of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500.11, Para 27, 1971) will be complied with. 1' e F ~ 5 s!: °r A 'L S~r .V•3 ~ 1,~3 ~ i r . tr,-, < ~b;~ - 1r F'3, ~ y~ T frP Tlr 7~17571S1i101~C ~q.'. i. UQr✓~.~ yl A.. l.' .'~i".~~}' N y-a. y. P,]. ..J'-+~~1~. u~'~~Ct~ 1A°~T'~'W r .-.Pw t, :ra rA~~iTYfT:d1 r M d. 1 1 ♦ C j. i 1 ' 1 1 Prior to execlAtion of this easement, the granting clause was modified,.F: Condition Nos. 1 and 9 were deleted, Condition No. 11 was modified and Condition Nos. 15 through 22 were added on pages 3 and 5. t~ y q "r s; I~l !I f. A " `I 6 V-1 , 1J11 p LEWISVILLE DAIS AND GARZA-LETFLE ELM LAKE t. DENTON COUNTY, iEXA; p 1 PROPOSED PERPETUAL SERER LINE EASEMENT TO CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton, State of Texas, being part of the John S. Dickson Survey (A-342), and the Alexander E. Cannon Survey (A-232). an4 being a strip of land 20 feet in t1 dth, 10 feet on each side of the followig9 described center line; FROM Govtrntsent Marker No. F-554.4 for a re-entrant corner for a tract of land designated is Tract No. F•554 for Lewisville Dam and Garza-Little Elm Lake, along a northeasterly boundary lire for said Tract No. F-554, North 17.30'53" Hest, n ea 1>Enton,f? x4so Sew:;etLift Stationtfrom U.S.A.. recofor insDeedtRecords, City of 4'olune 1111, page 678; casemefollow;: South 72.29'07" Rest, NC THECE `art ^LO tht~t e b 7oint r of liteginning for this ne for said easerent as THE 415E'14x hest crossing Hickory Creek, 190.6 feet to a point; TniNCE South . 7h-INCE South 35'34'411" East 428.70 feet to a point; THENCE South 63x17 27' East c-,•sslq Hickory Creek, 443.2e feet to a point; TrENCE So/th 56'27'C9 Fast 271.10 feet to a point or. the west edge of a gravel road; 'j 1-:NCE Seth 02x40'49" East crossing said gravel road at 180 feet, in all 59;.0 feet to a point; ;r+ENCE S:. th t9`4C'49" East 250.00 feet to a point; 7•1-SCE firth b6121'31" East 552.66 feet to a point; a ;HE'r~,£ South 631431J9" East 418.04 feet to a point; said point being s South 04`12'49" East 20.43 feet frog Goserr,--ent Marker No. F-551-2; `I 'HENCE North 18145130' East 502.(9 feet to a point; THENCE South 15`34 20" East 321.92 feet to a point; THENCE North 24'26'17" East 35e,40 feet to a point; said point being South 75°24'00" East 46.83 feet From Goverment Marker No. F-551-4; THENCE North DO°21'19" East 2119.47 feet to a point; THLNCE 5orth 14423'21" Hest 566.50 feet to a point;' THENCE North 38x)6'19" Rest 384.59 feet to a point; w j THENCE North 02x53'19" East 30.60 feet to a point, in the south right-of-way line of Texas Farr to Market Road No. 2181; said point being the end of this feet fron more or Government center Marker lo. 551-~, said point stteling South rip of land 86ontaining a 2t56 13,EO j Ma j ji^f~' ~XK4~~j A ' a t t i , r L 4 "A -4V c iy 1 t / , - - r •.x: R.p+.-mil n... - ..~,.;i• • r r t t r' I o "I ell ~~j]• t r[ • . Y r AAA • 1. VM~111 r1 ~ IU' iivS~"~'•'{r 1 J ttimmod ttID '~rl ...lP ••i 1~' (i . M . 1 i Y r i' hr •t\~' \~•r• i i{•N 40iC(ftI i•Vto ! j4tr9 i1 • ' J l f w,•,I YY Y..I . I• .1 . S 1 r+l . •ro 1~__~'1 w mr.• r' w.r~ ~ 11•y_MI'.r • ! • 1 ito • V0.Jh111 [ t [ . t. R. R [0. f' t iuw[r ~ ,•ro _ ~ T" if1rU G ttrll Ip _1 v Let& *to t~ t_u e r t f . j i 11 4~ 11. , Aj. 61,11 U 1 , ,u l Y`` ' [ r i• r.il~ 'I f l l l - t~• _ tv•vl• _ poll ! 4urvl. 1i 'r -1.D tiff 4. 0 y 10 •N Wf, rll6 r iolb7 :o:nul ptor 1vvot7S PO'( jam t1 ~ SW vir t•is$ 7 Jri T • j _ n, \ NI ,fir Jill[$ I, "Im"o ' ~tV - tNlvlr fil',rlr r • 'I~ r7f l{ROD 7 : i• • [0 v ^ 1 a-tot •i [NJYIi i oil lr Cr ` 'l tIU sew t( -XOR[NOrfnemOrfrnt•l.,• .'il y4i rq~y[{~fRr It - WOO !mover Y• , .f. M19..ii1. "y.. i =i o }1 I 'A a k irk • . flat( tt1i; • ~ ..--•---j [wen AXTON , J ♦ w+1. flan .Yr. r ' OvYO„INMOiIgI . tot 1 ~ ue. 1Ma i iJ..' j....... 1 n[iah •J ~ 'u 41 :gL11 - 1 , LLL I [ L ,rt[S 31 .,ts st C, ';OT 0-M ff `r7 'J .-}tL1LW11a710111OU:1L- Ir .M V$ Ul "Lul v V y rMaksclas V,•[ KVa ni. ILI I s 1 uLS 1(a i , 14 ~ .can \uue -+4-- 1 f r-71 1* I. rSIC~IC?f?£vo Va R • l+•I~~ .•~i _ j ror+L tt•m avouna - ' - .J. ~ ,cRV /DLD • ! • 4'. y 7'clr(t ! a [ .G~1 i [na7■a1aL0 r': .cats ■LS..w o •o cav t az1 _ r~l 11J• ~ fN • ~!r'1 ~ IW1` a<Rn L[/fU ,L, ~wYi(ltw . 1 00'/' -1tD11~- , i V .DR r r•a■e.a r,rr wU >0 •r M.' [7 14 I'IL M■~r •MIl 1~NltW \ I /"/I// I SIX rh. 4• IF ter. Lit aYalOeD .:1 !i Ire '1 l0 a • ti! a 1V [ r T V', O[R "I "VJNYAtK%LlK- / I NKMCRY CFfEX i5[FR~ t ARFCMt'EIC PoRA` Y sr 1'1♦wle to■wtl♦ /S ■pQ+DOSIr(„w./e'__t- • ©1. r LL O1~p{/ r / sw Y f 1utV [1 / ■■lL"W •r . a 1 M. 1, n11si:7~>•■ 1M cm-ctot U'a__----- • ~ SLGIINT '0~ ~ ■Yrniol 1[n•■onl _ tl E V.s.. ,l parr We. , I I ~ r~ J I. 1.61} [ rY 1 p - IF . . _ ...fir ^f-,~~..Ti T~~. t~ t { 4TH 1 'w T r a.~ 1. ~ rryr-0 r~irrR y t}: i1 "A.R~~1T 0 LO 444 gas 1!_.-••4"NA Iwi.W~r.w.w r S :1' `~~`4 is i ff L u l 11 t T r.r..-~•Y-~r-~r.w.. i, r w, l" 1'I f ~L{ l 11 oT /JZZD•..a. 1.1 L ro• 1 r: IIY .r ~ r W •4 1 M .r. r.H•}I { 0 G J4xM S. DiCR/M JrVQ C1.•10 nl •.aa. ~w•~ /iTTrLO 101101 r •_=n""L' . A r L`'tl 4 U O v l 1 f u[ r l r r~~v__ !I f J 0 i l T _ l 1 1 I7 0 NGa:dr41/i .715" t {URVl1 t•i0tf ply \ R ~J 1 114 T 'r I I^ 1 V )rc, a L iI ) t. - .~[lrocR 'LI"tY; "y Jr rt T I 't *004 ~ a•Itf{ k ,l O Lt'T r 1 ~ r Cr l, r • ~ At I b YI >._.M~.. }rte ^ i.l _•~t_0Y~ /L0J<. •.'.^.-1 ~ ',mot I:.-~.~~ _ m ! lJ0 v1• iSTER fFACT FEG Mtr- r1.CT aEN1Ar5 47 JO 011rP m wry I yuRVlr f 1~ Ina' - -'R.~ I.illL •btaa Pay rA C.IRSC JO.h '_J:rr10t p/2~ • i1xR ;e 1 {RV[ •41N :~4 '0. lJOrfT I rLt w in t•r! ~A J ONES ~i, arao ~I.tNr.~~ t w 1 I aw r 1JR IVET 0 '000 A. its ' a l-y IIPt.y •TV 9. MR00 tat . I I I 1 I M1 S ~ ~ Rti: yhY v~' }..J 7* t ri Y~~~ i , • i-F'~' t G} R4, 41" t~'~~• f ••y .f. , ':-1 G.'Y`,}' ' f t~"~'S `.{}s "(F ' 1LZ I WHEREAS, the City of Denton has submitted to the Federal Aviation Adminis- tration an application for Federal Assistance dated September 5, 1984, for a grant of Federal funds for a project for development of the Denton Municipal Airport; and WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport consisting of the construction of approximately !8,000 square yards of aircraft parking apron, constructions and mark!ng of a connecting taxiway; improvement of drainage system, and the installation of two lighted supplemental wind cones; and WHEREAS, the Federal Aviation Administration has submitted to the City of Denton a Grant Offer in the amount of $468,500 for the construction of such improvements; NOW, THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: :s SECTION I. That the City of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and conditions contained in the Grant Appli- cation and the Grant Offer, and the City Manager of the City of Denton or his designee is hereby authorized to execute such agreements. PASSED AND APPROVED this the day of 1984, `r 1 r. 'r IC D 0. ART, OR CITY OF DEN N, TEXAS ATTEST: k CHA LO E AL EN, CITY SECRETARY CITY OF DENTON, TEXAS r~l K APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACIING CITY ATTORNEY CITY OF DENTON, TF)CAo i F II BY: Q0 k i r a j h R E S O L U T I O N i WHEREAS, Section 8.07 of the Charter of the City of Denton authorizes the City Council to transfer unencumbered appropriations i between general classifications of expenaitures within an office, ;y3 department or agency; and „3 ? WHEREAS, the City Manager deems it necessary to transfer the I funds as specified below; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: ry SECTION I. These funds shall be transferred as follows: 1. FROM ACCOUNT NO. TO ACCOUNT NO. AMOUNT Data Processing 100-004-0017 Word Processing 100-003-0006 $ 36,311 Public Works/ 100-002-0010 finance Admin./ 100-004-02UM 100,000 Engineering Miscellaneous Police/CID 100-007-0041 Finance Admin./ 100-004-020M 25,000 Miscellaneous Data Processing 100-004-0017 Finance/Customer 100-004-0022 $ 580000 service tt TOTAL TRANSFER $219,311 sn ,r SECTION II. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 18th day of September, 1984, I ARD 0. 'TEWA , MAYO r CIT OF OF TUN, TEXAS Q ATTEST: + f 1+.. 17 CHARM TTE MLEN, CITY SECRETARY r ~ CITY OF DENTON, TEXAS E`}-1 APPROVED AS TO LEGAL FORM: t a C JOE D. MORRIS, ACTING CI'T'Y ATTORNEY x CITY OF DENTON, TEXAS BY: -.4. - _ sk STATEMENT OF UNDERSTANDING BETWEEN DENTON AND DENTON C,)UNTY, TEXAS AND DENTON COUNTY CHAPTER THE AMERICAN NATIONAL RED CROSS I. PURPOSE This statement is issued by Denton County and the Denton County Chapter, American National Red Cross to insure understanding and agreement on interpretation and implementation of disaster relief responsibilities. II. LEGAL RESPONSIBILITY The responsibilities of the Denton City/County Emergency Management Office and the American National Red Cross in disaster situations are authorized and defined by federal and state statutues, anO are reaffirmed in an agreement between the Federal Emergency Management Office and the American National Red Cross dated August 21, 1962. III. RESPONSIBILITY IN NATURAL DISASTERS A. Emergency Management Emergency Management, being an integral function of Local Government, is responsible for the coordination of all groups, both public and private, participating in a natural disaster relief operation. The functions carried out by these groups include: 1. Protection of persons and property This function includes restoring communications and public transportation, caring for the dead and injured, controlling traffic, protecting property, rescuing the helpless, fighting fires, maintaining law and order, clearing streets, insuring water and food, and performing Pago Two other duties under government's responsibility of protecting life and property and health of the public. 2. Requests for assistance This function Includes the receipt, processing and expediting of requests for assistance from agencies or organizations outside of the paiticUler jurladtction except requests between Red Cross units. 3. Other Due to the lack of other existing government agencies primarily concerned with specific disaster operations, Emergency Management, in addition to its coordinating authority, has a more direct operational responsibility in such matters as: (1) warning, (2) rescue, (3) evacuation. B. The American National Red Cross The American National Red Cross performs its traditional services and responsibilities a; a quasi-governmental agency established by Public Law 4, January 5, 1905, and amended by Public Law 47-80th Congress. These services are as follows: 1. Mass Care The Red Cross is recognized as the agency responsible for providing mass care to persons immediately following a natural disaster. Such care is extended to all who apply and is given without family investigation or verification of resources. Such mass care mar include one or more of the following services: a. Providing food at fixed or mobile stations. The service is extended to Emergency Management, rescue and other workers at the disaster scene when norms) facilities are not available. Page Three b. Providing emergency clothing to meet immediate needs. c. Providing emergency shelters. 2. Medical and Nursing Assistance Primary responsibility for the care of the sick and injured rests with the public health authorities and local physicians. The Red Cross cooperates with and assists local health offices, physicians, dentists, nurses, and hospitals in securing additional facilities to m%et the emergency. The Red Cross, by agreement with the health authorities, is prepared to lend assistance in the following services: a. Providing medical and nursing care in Red Cross shelters. b. Establishing and staffing first aid stations, temporary infirmaries and/or emergency hospitals. c. Providing medical and nursing personnel where needed to insure adequate health supervision and care of disaster victims. d. Provide blood and blood derivatives. e. Arranging for continuing care of disaster patients unable through their own resources to meet medical and hospital costs. 3. Family Rehabilitation As an integral part of Its disaster relief program, the Red Cross furnishes rehabilitation assist- ance to those families or individuals whose resources are inadequate to enable them to effect their cwn recovery. This assistance is given as an outright grar,c on an individual family basis. This program includes: . y Page Four a. Food, clothing and other maintenance, b. Building and repair of homes. c. Household furnishing. d. Medical and nursing care. e. Supplies and equipment for occupational rehabi:ltation. 4. Public Service The Red Cross performs the following services in all disaster operations: a. Registering of those families who have sought aid. b. Information service for handling inquiries regarding its relief program. c. Communications relative to the well-being and recovery of persons in the disaster area. 5. Warning, Rescue and evacuation The Red Cross recognizes the responsibilities of governmental authorities for the protection of life and property, including warning, rescue and evacuation. The Red Cross will assist local governments in discharging responsibilities for these services. 6. Financing The Red Cross in carrying out its relief program, exercises administrative and financial control over its own operation. This includes conducting campaigns for funds in the name of the American Red Cross. IN. RESPONSIBILITIES IN ENEMY-CAUSED DISASTER I A. Emergency Management The responsibility for the developing and execution of a plan of Civil Defense in the United States for the protection of life and property and post attack recovery, has been designated by the Page Five Congress to be a joint responsibility of the Federal Government, the several States and their political subdivision. Accordingly, in the event of an enemy-caused disaster, Denton City/County Emergency Management responsibilities include: 1. Direction of all phases of the operation. 2. Utilization of all community agencies, including the Red Cross. 3. Execution of financial responsibility for the program in accord- ance with existing Emergency Management policies and procedures. B. The American Red Cross The American Rational Red Cross recognizes that in an enemy- caused disaster the protection and care of families and individuals is a basic responsibility of government. In this connection, Red Cross Chapters have agreed to assist, to the extent o° their ability, in the development and operation of a program of Emergency Management on national, state, and local levels. In ►uch planning and participation it is recognized that the Red Cross volunteers will serve under the direction and leadership of duly appointed Emergency Management authorities. Y. LIAISON Continuous liaison, mutual planning and exchange of information will be maintained between Emergency Management of Denton County and the Denton County Chapter, American Red Cross. A. In natural disaster situations Emergency Management and Red Cross have a joint responsibility to keep the public informed in relation to the disaster. Accordingly, Civil and Red Cross agre3: • Page Six 1. Direct liaison between Emergency Management and Red Cross will be maintained during all disaster operations for the exchange of information pertaining to each organization's activities. 2. every effort will be made by each organization to insure that information disseminated by it relates solely to its responsibllitles. 3. All information pertaining to damage assessment and recovery operations will emanate from the local government excepting personnel recovery functions. This formal understanding provides a frame of reference within which Denton City/County and the Denton County Chapter, American National P,ed Cross will cooperate to carry out assigned rasp msibilities for disaster relief in the County. Nothing contained in this agreement shall be construed to limit or in any way affect the responsibility of the American National Red Cross under the Act approved January 5, 1905 (33 Stat. 599), as amended. In Witness Whereof, the parties hereto have executed this statement of understanding on the dates indicated. Denton County Chapter City of Denton American National Red Cross a r of t City fvDenton Chapter Chairmaff D DATE:'" 6-2 ~Z- DATE: O Z APPROVED AS TO LEGAL FORM: city torney cou y Ju ge tQ/y- 0757g a~aaaaaar~ar ' C.~ jy2G :-4C1 k. ~7ATF 7K•:A5 Cl- '1J:1' iF DENTO~~ ) T 'IS q .AiF?;ENI, made and entered into this 21 _ day of Septemt _ A.D., i4 ,,4 by and 'tetween the-Cit ~f. DentO!'_----- - - - - c,;' t`e County of Benton and State cf 'ex,-:s, artir.~ throng! G. Chris Na_rtungi Cif 1'anacer - __.-__-tt.ereunto duly avttcri.rd so to do, I Part;: of the First Part, hereinafter termed the C~+;FS, and - _-Atkins Bros. E_qyip. __Co•, In x,_918 W. P'arshall, Grand Prairie,_TX__75051 _ of the City of Grand Prairie Court;: of and state of Texas :E:ty ci t-.e Second Part, hereinafter j t-'TNESSFTr: T:. at and in :.cnside.atioc of the pav¢ents and 3gree.ents hereinafter -..entloned, to be race 3nd :er;orWed 1•v the Party of the :.rst Dart and under the crrditicns 2n.1ressec in the bonds bearing even date herewith, the said Party of tl.e Secood Part (CONTRACTOR) hereby agrees with the said Part} of the First Fart 4?:-R) to commence and complete the crr.struction )f certain improvements cescr'--bed as fo'_lcws: __~i~g-~C~S.4t1~1~Ili~i32d1_AirDQrt I~orov r_ents-------------- !______$480,127_80 as_Per Pr2p_p_W Attac_hed_______---_ and all extra work in connection therewit;i, under the terms as stated in the General Conditions of the agreement; and at his (or their) or,m proper cost and ex-ptnse 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 and prices stated in the Propc al 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 Fayzaent Bonds, .all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b I ' ~;G X9320 ,r!Ster. E\r'..iti.tl' c=.ISCr t`. reClr :rte SLe S'.FIP;Cre r 85 all of w},S Ch are ::.rr'e a ;art cof and cc'"Pct ively' eVicence and Cc.stitute t`:e entire cortrair. T},e CCN-RACTCR beret-y agrees to cc: cence work on or after the date -st:blished for the start of work as set forth in written notice to ccmmence Crk d cCrplete all work. within tT.E tixe stated in the Proposal, subject to FU 11% 1 E>::2r5tO,^.5 of time as are p:OYl:ed bti' the leneral and Spocidl Conditions. e C»TER agrees to pay tt,e UNTF?.CTOR In current furls t`.e price or prices scCwn In t`,,e Proposal, which f ors a past of this contract, such c.,rts to be subject to the General <,nd SFecial Conditions of t`,e Contrdct. 1 :S "i-NESS WH REC£, the parties of these presents '.are executed t`.is -Fieen.ent in the year and day first above written. ATTEST: Farty the i Fart, E BN. Lev,, (S:_AL) J ATTEST: y- ATKINS BROS. EQUIPMENT COr Rift Party of the Second Part, CONTRACTOP By 4~ VY USf,, (SEAL) APPROVED AS TO FOP-M: CS Attorney CA-2 00ccb , BiD ky37E 3ID ;L arY TC~T.-.L 3ID PRiC.. IN f:CRDS In the event of the award of a contract to the undersigned, the r,ce*s:_-ed will furnish a rerte hce bond and a pa Dent bond for th? full amount of the contract, to secure proper, r:!pD,,r•ce with the terns and provisions o` the contract, to insure :nd guarantee the W0-,k until final comoIatien and acceptance, and to guarantee payment for all lawful c1.3iT.S for labor performed and ^aceria!s furnished in the fulfillment of the contract. It is understood that the work oroposed to be dona shall be aCCeDteC', '.ihen iL'1_V cOmpiet2C anG ri-1SMec in accordance With Cr'e ans an6 S:eCiflC tio„s, t0 the satisfaction of the l I ThIE _r,C'tt_ _ned "e7tifles t;,at the bIC or '1 5 C'J7, C3.Ce. in ']is pr Oi,Csa: ^r,ave :ec„ care r'ui.V checked and are subMitt_ as correct and .inn':. i Unit ant LUtp-SUu, prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR t 31 2L St'feet Address ~1ty an State Seal & Authorizatirn (If a Corporation) Telephone Coll Eli i - Ites Gesori,tion Unit Bid uantity Unit_Price Ext Total i-151-4.1 Clearing b Grcbb:ng LU;4P SL"•1 -C•r'C'•C-I SGCC,ee F-1:2-4.1 Unclacs:flea Excavation CY 11,472 ~~So •~~~~C%c'C P-1:2-4.4 U:a:nage Excavation. CY 8,810 x,06 ~r~C~•Cd GU ~ ~~~~8'0 P-152-4.7 E; banka.ent (Fi11) CY 4, 646 F-155 6.l Lime 'treated Subg:aric SY 21,544 J, 40 !f~ 'l3?,G c."L Lire :v:< 3;5 ~:~.c.u r j, LC~•f ~C1115 Cr :sr.?d r•:cate case cc;:ra_ C'i 525 y , 5 ?a v :'-4i..-G•1 .%1:...1r, Cc, _urrdC°_ tear se iV\ 2, a!0 7~G0 u: t,. 1'rJ l:5 P: 1;6? C:~a_ V.~t LLU;r 81. GU ,EGG, cv 7, ' c ay 6 ax: a% : s intlag LUMP S:1 L 7 C Tar Pitcr. 77:1 51on SY 21,545 f, tie, G-7C: :Or St:r:r L: di',- A:' G ll~t•C y uIveres iF 90 BG,ro 1) -75:-5.. aLCrBasins b Inlets EA 1 ,'2 &C D,ao 2Fee" ~ --i[ _.r❑Ctural ?awa115 EA L C' CCC /77 C~,r ncret? Uitcn?s trip FN 3pl 5i 4 5 22,Sc Y=C .+-7C, , i~,C ter, -1 -7•_ i..^. tallst.on 6r Cnat•rgr_unc Cable LF L jCat.e anO e"'Caj , taatIon cf Cn::ef7C'iuna i e Eiec Duct 56 e C 1 ~-807 6' Wind Cone A.s=eat-iy EA 2 L-83c R e t r 0 f I e c t i v e "ax1way GUlddnCe Signs EA 2 /~L[>,cn err, ;.IISC 1TZMS-41 Airplane Tiedos+ns EA 17 MISC IT&~15-;2 Airplane Refueling Anchors EN 22 ~lG,C4D 4 ~rr•` MAINTENANCE BOND LUMP SUM 1 ~vcc,ec 46e cc, ~ :)TAL Liquidated damages will be assessed at the rate of 3200.00 per day. 120 Calendar days are allowed on project. I I k" ~4 CITY of DL:UTOH, TL:,KAS NUNfCfPAL ?JILO!NG LENTON , TEXAS 76201 TELEPHONE (6W 566-U'J ADDE~;vUM i'1 DATE: August 27, 1984 BID TITLE: D.ntcn !'jnicipal Airport Irprovements B 1 D ' ---R; 9326 CPE%I"G ,',ATE: August 30, 1934 2 P.M. We have had some changes in the plans. A rew set of plans together with s:)-e corrected and/or additional instructioes or compliance paaes will be delivered by Mr. Clint Lynch this date. Please take these into consideration +r^en su~Tittina yojr bid. John J. Marsha 11 C.P.M. Purchasing Agent Addendum @1 received and acknewled.ged as part o`.,the bid proposal. 417/,_{~//~12"l Signed by Contractor/Bidder JJM:bw PURCH45fNG OEPARTYEwT O Fw f.!ETRO 267-0,3-J2 r BID f9326 STATE CF TL~AS }_NC11 AIL ~iN EY Iv:CF FF-ESE -S: That of the City of __5r3.RAjrj~tlita- Coc.:.t y Cf and State of as and kaert"n Wj;_tLtN_C2~nYS~11t~.QLQ9-a-~-- _ , as SLrETY, authorized under the laws of the Sate of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton.,_ Tern as in t`.e renal sun of Four Hundred Eighty Thousand One Hundred Twenty-seven and 80/100----------Dollars (£480.127.20 ) for the payrent whereof, the said -1 an.^_ St+rety Dirid t_-.e^SElyes and t -Eir ..'c_rs, .,==lnistrators, executors, EL'C,_E SSGrs and issivns, ioirtlt' anc' SE':eSal'_y, 'cv t-ese presents: n.:. ..^°-.S, the _rincipal h_s Enter'. a CeItain written contract with tae C1,NER , dated the2lst day of $aptaeber, 1584 for the construction of Denton Municipal Airport Inprownents - which contract is hereby referred to and made a dpart hereof as fully- and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PE-1 r-:., ~..s ]s %E: L:* EC -i':„nt tc L r.E i'---i;-c r ;j i1. C_at'C i. es Ct _Exas as aCCLCe by acts of .~`.E 'ESL.', 7 _-~.:'c';:1 = 5e Ss jCL, ltaE5 OL this :c7. ze :e. :ec cc c: z -.cE -'t:. ,:.e -rovc.s of seiid Article to the CE E:it E7:L as CC71 EG at _e Eal dcti Gn be filed upon this bOD!i, Cehlie shall lie in r0u Dt1', St?te of Texas. Suret:, fvr vat tie -ECe i- C'ri, s11 j- c1 t e s and agrees that no change, ESttrIIsicn Of ti-ne, alteration or a4Giticn to the te=s of the contract, or to the ,C7i :erfC:7eG L~.ri eliLC eT, rr t.c :1-ns, F-e'^ificat-Jczs, OI 4Ca'.:IL;QS BCCOC^.an. P.g t ?11 fn "i sc a_`:e Ct ..ts CL_=tn :n t -".is pond, and it +ioeb he re by .•51':E -.dice Ci any SUCK EXtersiOh Or alteration OI acciticD t0 the tF--s n: i`e --cntract, or to :"-.e work to :erforac-c; SS w175FSS 'r3F?REOF, the said Principal and Surety have signed and sealed tf,js i:.st ~r_eht this -Zbtb- day of 19P4-. _ATK1N5_8R0EC~SJ1eMEf__C Qt_1~$~_ Ameriwi-44ual CompsV of Madfng. PA Principal Surety Felix Jimenez. Jr. :jt e bst fney-in-fact r.cress NS ifs`t~~l Address P, 0, BOX 34150 G ! 4' ~ Dsll-at, TX 75234 c5t41) (SEAL) The name and address of the Resident Agent of Surety is: Boley, feetherston, Hoffman i Deal _ P. 0. Box 34150, Dallas, TX 75234 NOTE: Date of bond must not be prior to date of Contract. PB-2 0091b American Casually Company of Reading, Penne;rlvania a"suaarca tarc+.. CNA Oihces'Chlcill lltinols POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a corpore'.on duty organized and exist,ng under the iaws of the CommonweanF, OF PennsyNanra. and having its prnupal office in the city o` Chicago, and Stale of lanois. does t+erety make, constitute and appoint Felix Jlmencz, Jr~ 1ndiV1dus11)' Of Dallas, TexaE Its true and lawful Attorney rn Fact with full power and aulhonty befeby conferred to sign, seal and execute in its behalf bonds, under takings and other obhgalory instruments of Sol nature as follows Without Lir.ita[ions T and tc bind AMERICAN CASUALTY COh-FANY OF READING, PENNSYLVANIA thereby as fully end to the same extent as if such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMFANY OF RFJIDlNG. PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby fluor arc hereby Felted end confirmed. This Power of Anerney is made and executed pursuant to and by authority of the foi,owinE By Low duly adopted by the Board of Directors of the Company: "Al VI- iirecution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney intact. The President or a Vice President may, from time !o time, appoint by written certificates attorneys in fact to act in behalf of the Compeny in the execulil of pcl ciesl insurance, bonds, undertakings and other o_•Iigatdry irill ments of like hat U•e, SL'ch atbrneys in tact, subject to the limitations se; forth in their tespectrve certificates of authority sha'I have tul'. power to bind the Company by' the~r signature and execution of shy such instruments and to attach the seal of the Company thereto. The President or ary Vice President or the Board of Directors may at any time revo.e alk power and authority previously given to any anorreyrmlacl." This Power of Attorney is sil•ned end sealed by facsimile under and by the authority of the foticAing Resolution adopted by the Board of Directors of the Comoany at a meeting duly called and held on the 11th day of November, 1966 "Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Sectwn 2 of Article VI of the 8) LilAS. and the siEaa;ure of the Secretary or an Assistant Secretary and the seal of the Compact' may be affixed by facs~mle tc any certificate of any such power and any such power or ear tficate bearing such Ill signature and seat sha'.I be va'id and binding on the Company. Any such power so executed and sealed and cerVl,ed by cerirf.ca;e so executed and sealed shall, with respect to any bond or undertaking to which it is attached, con; nut to be valid and b;rd:rig en the Company." In Witness V1'herenf, AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA has caused these presents to lye signed by its Vice President and its corporate seat tc be hereto affixed this 11th - day of July 1g 76 de`s ° AMERICAN CASUALTYR,0~'P Y'OF READING, PENNSYLVANIA e i' r State of Illinois 1 County c! Cook I ss h wall Vice President. On this day o!--_-~~ult' 1912-, balore me personally ume R. J. ti'all to me known, who, temp by me duty sworn, did depose and say: that he resides in the Village Of Western SprinEs, Stale of Illmers, that he is a Vice President of AMERICAN CASUALTY COMPANY OF READING, PENN SYLVANIA. the corporation described in and wh,ch executed line above kialrurnenl, that he knows the seal of said Corporation: that the seal it irxad to the said instrument is such corporate seal: that it was so enixed pursuant to authority given by the Board of Dtrec- tors cl said corpoiaton and that he signed his name thereto pursuant to like authority, and acknowloll slime to be the act and deed of said corporation. i I ll fl Virg ki'd Mel son Notary Public. ~`xcx„r~• ky Cot4-.sssion Expires June 18, 1979 CERTIFICATE I, 1. F. DOyIC Assistant Secretary of AMERICAN CASUALTY CON'FANY OF READING PENNSILVANIA. do certify thel the Power of Attorney herein above set forth is s1dl in force, and further certify feel Section 2 of Article VI of the By Laws of the Compeny and the Ree luton of the Board of Diroclors, sel florin in said Power of Attorney are 91,11 in force. In day of testimnhv whereof I have hereunto subscribed my name and affixed the seal of the said Company this are September I9-L 2 l ,testa. ,r x 1-- ~T - 6 M + 7 . F . Doy e Aalistant tecrall 623342-0 a CLLSTY CF z''r'.: ALL ~y - rcr rorG ?;TS: ac . _--_cklns Bros. f4uip~ Coopany, Inc, of tl.e City of (rand Prairie Crusty rf Dallas and state of Taxis as }rincipal, _nd Awican Casualty Cv~pany of F.eading, PA _.'.e .aws of -.e State of -ESas to act as 5uret;: on :.Cnds nor pr.Lr ais, are eld and f`_: ly `curni unto City of Pentonas _ C6'NER, in the penal sun of Four Hundred Eicnty_-__ ----T~ru_senr On I,uncred T;r n '~c,:YPL_ Lr_Fl_10-.- Dollars C$C80,127.80 } :cr t'.E _ ~'.T..ent w%E r@!~, t.'.e £aiC Fri rC iPa I a:1C SU re t': nd tra7selves and t}'.r succ-ec80rs anc assips, :Oint1C a-..d se'Cerally .t pc - .-,e "-.as :It e-EC a. C E r t 6 V, t E: r. CCnt raCt with the C-.T.er, dated the 21st day of septexWr 1984 Denton Municipal Airport Iaproyei.onts to which contract is hereby referred to and Cade a part hereof as fully and to the lace extent as if copied at length herein. NOW, ThEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all clai:mar.ts 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, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as anended by the acts of the 56tn Legislature, Regular Session, 1910, 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. PB-3 BID t4:2S n c. tC ,77s r'. t-'.e C:-•.. -cCt, Cr Cc t:.E C_ ..'.E cT.s o: : a ti C':s Cr Ls ac:C- T , ng L^rl., and lr dCes herE D\' t e f- 7E, 5 sc c_.eCt Its Cli:a ti7n or. Is itiot: tc the - E t n t _ a .'E , C E C 5 i G ^ I e ra t er-.s G I t'.E CC, Ct, Cr CC work to to r,e r. or::ed the-eunde r. FI,:-\ FS 'Wr.:R FCF, the said Principal and Surety have signed and =caied this irst7l:nrnt t'-is car o' 29 6th - Septe~btr-- 84- ATKINS BROS. EQUIPMENT COi INAI Aierfcsn Casoahy-CocpanyotRiadlny, PA scrcty Fici Title __Felix J1xncf, Jr. --AttOTREJ/ ffi .3tt_-._- Address -P 4:-80x-3+416@-- - C?'utica~ -Oallas-TX---73234-- The name ar:c Edcess ei the Eesir_'E:,t of Scret•: is: --BOlayT-F~~9sfsto~.-Jut-f~+a~~Daal -P,--0 Box 34 6O,-Dallas„ xX - - PH-4 0092b American Casualty Company of Reading, PennsylvPniEs ax0111i woe Ji OVA Olfrces'chlupo, UiinO;1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-I?-.--FACT knot Au Men by these Presents, That AMERICAN CASUALTY COMPANY C.'• FE- DING. PENNSYLVANIA, a corporatron duty organized a vd existing under the laws of the Commcnwtalth of Fennsy!vama, and ha+inil its principal ofl,ce in the City of Chicago, lix JintnEZ Jr. IndS~'iduE11` ~ -~------1- and State of Ih.nois, does hereby mate, eonst4ute and appont Fe of Dallas, TENE5 Its true and lawlul Attorney in Fact weh fs.ll power and Authdnty hereby conferred to sign, seal and execute in its behalf bonds, under talii and other obl-gatory instruments of s,mila• nature as foliows Vithout lir.itatfons _ and to oind AMERICAN CASUALTY COMPANY OF READY::,, PENNSYLVANIt. thereby at fully and tc the tame extent a$ if such instruments were signed by the duty authorized oflicers of AMERICAN CASUALTY COMPANY OF FCADING, PENNSYLVANIA and AN the acts of said Attorney, pursuant to the aulhenty hereby given are hereby ratified and confirmed This Power of Attorney is made end executes pursuanl to and by authority o! the followlnE By Law duly adopted by the board of Directors of the Company. "Article VI•- Execution at Oblilalions and Appointment of Attorney•ImFac1 Section 2. Appointment of Attorney in lact. The President or a Viet President may, from time Jill, t•me, appoint by written eertifcates attorneys irfact to act in behalf of the Company in the executior of policiii insurance, bonds, undertili and other ebi,gatcry instruments cr hl,e r='ure. Such attorneys in fact sutiect to the limitations set lorln in th..r respective ctrdhcatts o! aut icy s''a'I have full power tc L tre Cvn-parry by the r s-,"natore and execution of any such, instruments and to iii the seat of the Company thereto. The I'i'sdet Or any Vice President or the board of Directors may a, any time revoke All Power and authority prev,: sVy given to any alt:: •,ey-in /act," This Power of Attorney is s,Enrd end sealed by facs mile under and by the authority of the feliowinE Reso!union adopted b; the Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966. "Resolved, that the siEnefurt of the Fresident OT a V¢e PfeliiLerlt and the seal of the Cempary may be affixed by facs mile on any poker of attorney Franco r,, u a to Sli 2 of Article V1 ct Ire by Laws, andthe s Enature cf the Secretary or an Asslttart Secretary and the seat cf the Company may be oli ty facs,mile tc any ee4NCLole of any such power end any such power cr cEr 6hca!e bearirg such lacsiml'!e s-gnature ant vat shill '+e va'id Lone tending on the Company. Any such power so executed end sealed and eelified by cert,hcate sc executed and sealed shall, with re;ptct to any bond or undertaking to which it is atlachtl. cont,rut to be va!~d and b.r Ong on the Company." In Witness Whereof, AN!EWCAN CASUALTY C01.!PAril' OF READING. PENNSYLVANIA has caused these presents to be signed by its Vice President and its corporate seal to be herald affixed this _ 11th day of July 1g 78 AMERICAN CASUA~.'PA "'OF REAGVtiG, PENtiSYIVAtiIA s •~'w ~'rr ] i 51 t / ~ y~ Steve of Mind's 1 t', • - r County of Cool. { ss w FS w:611 Vice President. On this -11Sa].---. day o! - T4!~y--- 1915_ ttiore me pe rilDnalty came R. J. h'o11 to mt mown, who, being by me duly saorr, did depose and $ay, that he resides in the Village of VEst Ern Springs, State cf IRmo's; Shat he is a Vice President of AfyEli CASUALTY COMPAdiY OF PEADING, P,:rGK- tYLVANIA, the corporation described in and which executed flit above instrument; that he snows the seal of said Corpora Lon; that tit seal atfixtd to the said instrumtnt is such cr,porate seal: that it was so of axed pursuart to au'.honty Eiven by the BDar, of (lire-- tors of said corpaiat-on and that he signed his namt thereto pursuant to Ise authority, and ai edges same to be the act and deed of said corpcrabon. eJ i - Vfrg "i MEIr, on N~i)ry Pdblc. My Comr,issinn Expires Junf 18, 1919 CERTIFICATE I, 7. F. P.ylf Asflstani Secretary of AMERICAN CASUALTY CON"4NY Of READt1iG PENNSYLVANM do Certify' that the Power of Attorney htTein sbeve, set forth is still in force and further certify that Section 2 of Article VI cl the 2y -laws of the Compar,y and the Resotuhcn of the I?oard of Directors, set forth In said Power of Ahorney Are still to force. In testimnnv whereof I ,gave teteunlo subscribed my namt and atNxed the seat of the said Company thu day of S:ptelnber 1984 ;I~~r+~}f 7 . 1 . Uoy t I~As~ant Secretary 823141LB ~ , f i p.: =0: 77 7 _Y_ Ci'1TY CF G'_47G'~ )t _:r r ??1 31 Tr c FF :cTS: -,i4i -Atk1ASr-bi"'05.--EgWP*Mt _..Coapsny, Inc. s c4-a_, a:.: k*r-lydn CasualtyCOM&"Sy I A!-R°~-~.a Pi kuPA - - L: C"CC Co _CS_.eSn C..e STate of a r atI' and hcu:d to nav unto exas, as Ec:e= cc era't :,.nrwlecge se _-;es cc be '7 el' , 11, . ..Li^_ipal i_C,:^G:a '^n Ot t+'.E 5ta t? of 'ESaS, its sUCCessorS t'.E. (it% r' .7 C. n'i2::, . cad a5 a: ~EntvL, -_e':tCn ('r_.ty~ TE aS L'E sC:: CL r_C_i~J L1 C!lt_iF'OJSdfid - _7vc anc 78/200 Dollars (4 48.012.76_ 10'. of t::E t~i:ai =mount of the cc;.t:ar_t for thE. payment of v11ch sun said principal and sc:ety do eby bind thEmselve5, t-.eir successors and asssicns, jointly and severailc. is cbliFaticr. `_s conditioned, he Ever, that •s =a- !►ttlns_Sro:.-IquiP.Mcnt_coapart~C,_;..C. t'.:s :iti- tr.e ~"azc (it,. Oi Jerten to `_L'lld cc:.st tc Denton J4unieipal-Airport-IQ,, -rsmants_-_-_-_ • CC . .%C. ..C - s ei C- t. .nt ...C': ad cD teL tLE j.E-_LGL, e7E ec •it.'. _'.E (.lt, ~e C: eta: Cf 5al: .it at.!' are heIEiv e? rES51. E c.._ -a'::E a ra_t :,E: COf a5 -,GC4:: t}.e saC.e eI_ writCEr and Set CUt -P:: fu:S :-e re2n, dad: k;7. r C.e said psan5, s}ecilfcaticns, a n c contract, it is prcviGec t..aL the CCiltracto: will maintain and keep in good repair the work tn.eiein contracted to be done Ltd performed for a period of one (1) year from the date of acr_eptar,ce thereof anc do all necessary backfillir-g that may become necessary fn connection therewith and do ai1 necessary work toward the re:air of any defective condition growing cut of cr arising fret the i¢proper construction of the improvements contemplated by said contractor on constructing the ssmE or on account of inproper excavation or ta_H filling, it being understood that tie purpose of this section is to cover all defective conditions arising by reason cf 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 wo:k in accordance with said contract and supply such materials and c`.arge t:.E sare 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 fail.re on the part of said Contractor to comply with th^ terms and provisions of saic contract and this bond. !'E-1 OC93b 5:J ?fi C 71 7. er : _c_ _n :Emir I c = rzr.ce g - - rcrlCC C: TE r ;.t cCGiract =L':i iCC, L:,Pr. L'.ESe ~IE'EE^:L$ D _:.:11} =U~1 .'d :Gad a.. }a-:E .'..C -_....EI E.i e c t C.'.E `wi Se, LC ECa _t ao _L':t[.e_ -'at t'- iS O i}t6nt1JL S.zlZ Ce a st c.-,e _ lI:ST L O -Ci=a1 a'.G .C.B CTd that llCC2F5i':E reCCCeIiES may tf ".3C .B'2~L :C-= 5000Eccj•:E ^=2?C~'.e5 O° t:C_s '.E'e:D =IO~'i CEd UDCi1 the :tii_ iCllCL .~.:c }'CLL `-'f:2i= ..a\'e }c`'^ PSG-. El:stEd, 2^~ it '_5 IUrT'Er Un GE IS COCd t: at CLb 1:Ea ti cD to r_i-t ain Saic. ~OIK S'~211 CC'nt:SUE LLZGUgh out said ._a ...L E-c7,Ce ^ Eri C^_, aTC h E ...'e S,_;Zll '.CL CE C.'.E'.EE", -:Dl^:S: E?, or in any Garner (ia:SE A yy~ c I~ ■~/r. S n'_...-,.. _.•:P GGi'- Atkins...8ros~-. itp~eir CYr I{IC.T as Ccnt=a:ter anc r.l a s paused L_'.ESE :=ESEnLS LO ie EXECULEC Cy an thle said _jGueritdn ;GsW.1ty-fWVV-of-Retdiag*1---__- - - as surety, 2s caused taese rresen.ts to :,e executEc ty Its r.Eto:r.ep-it.-'eaet _ and the said P.ttol.ey-iD-Fact has hereunto set his 'nand i a': o2 t;. 26th ---Septeaber_ 114_-. Mrtrican _ asualty_lCvrpany_of Reading, PA ATKINS BROS. EOUIPMENT COs (NCI__ zi~ Jimenez.-Jr. ' _ ' ~i Felix _ J- t t crne y- in- F act a-2 0093b American Casualty Corral of Reading, Pennsylvania M310011,11 MC r "i CAM Offices Chicago. Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Glen by thou Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and exit under the laws of the Commonwealth of Pennsylvania, and having its principal oilhceduIalnlthe City of Chicago, and State of Illinois, does hereby make, constduf~ and appoint Felix Jimenez,a Jr., Indit•y of Dallas, Texas Its true and lawful Attorney-in-Fact with full Power and authonly hereby conferred to sign, ua' and execute in its behalf bonds, under takings and other obligatory instruments of similar nature as follows. Without Limitations and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By~t.aw duly adopted by the Board of Directors of the Company; , "Article VI - Execution of Obligations and Appointment of Attorney•In-Fect Section 2. Appointment of Attorney induct. The President or a Vice President rray, from time )o time, appoint by written certificates attorneys-in fact to act in behalf of the Company In the execution of poli.43,of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorni fact. Subject to the limitations set forth In their respective certificates of authority shall have full power to b nd the mpany b; their signature and execution of any such instruments and to attach the seal of the Company thereto. The President 'ice President or the Board of Directors may, at any time revoke aft power and authority previously given to any attomey~ir,• This Power of Attorney is signed and sealed by :.,ci ile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 19(1 "Resolved. net the siEratu,e of the preside-' or a Vice President and the seal of the Compar y may be affixed by facsimile on any powcr of attorney granted pursuant to Si chon 2 of Article VI of the By Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer Uficate bearing such facsimile signature and 6e N1 shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so execute: and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and b:nd rig on the Company.', In Witness Whereof, AMERICAN CASUALTY CCbIPANY OF READING, PENNSYLVANIA has caa.ed these presents to be signed by its Vice President and its corporate seal to be hereto affixed this -11t11- day of July 19 78 OjO AMERICAN CASUALTY.Ji P OF READING, PENNSYLVANIA State of lllioois County of Cook j ss* / R r :rl l V ce President. On th,;--~Slh---Illy of__-.UILY-- - 191gbefore ine personally came R. J. Wall to me known, whc, being by me duly sworn, did depose and say that he resides in the Village of Western Springs, State of Illinois; that fie is a Vice President of AMERICAN CASUALTY COMPANY OF READING, PENN SYLVANIA. the ccrporatiorr described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said inst-ument is suc' -•Dorate seak that it was so affixed pursuant to aulhonty given by the Board of Direc• tors of said corporation and that he sigred a thereto pursuant to like authority, and acknowledges same to be the act and deed of said cofpcration. t eyelS L'I L) tJ1'L.IL a - `ecar'~~ Viigi~i Mellon Notary Pubtic. My Corm ssion Expirer June 18, 1979 CERTIFICATE h T. F. Doyle Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do certify that the Power of Attorney Ill above set forth is still in force, and further certify, that Section 2 of Article VI of the ByLaws of the Company and the Resolution of the Board of Directors, set fcrth in said Porter of Attorney are still in force. In Ilestimnnv who eof I have hereunto subseWd my name and ati the seal of the said Company this 26th day of September ..~u T, %N-joy e__ :!1jiA&tsnt Secretary. 8 23142 8 ~~it~ F+`IRST,50a61MVedt COMPANY INVESTMENT BANKERS MERCANTILE DALLAS BUILDING DALLAS, TEXAS 75201 FRANKJ MEDANICH 17111 742,8461 SEN~04 VICE PRES LEN♦ September 23, 1984 Honorable Mayor and City Council City of Denton Denton, Texas Mayor and Members of the City Council: A rule of the Municipal Securities RWemaking Board, under which we operate, requires that we advise you in writing of our intention to bid for our own account or with others for your $20,000,000 Utility System Revenue Bonds, Series 1984-A, and that we have your written consent to do so. Our Financial Advisory Agreement, the Notice of Sale and the Official Statement to be mailed to prospective bidders and purchasers of your Bonds shall state: "First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent upon the issuance ar.d delivery of the Bonds. First Southwest Company may submit a bid for the Bonds, either independently or as a member of a syndicate organized to submit a bid for the Bonds." It woul . be appreciated if you would indicate your approval by signing this letter in the space provided below: Very truly yours, FIRST SOUTHWEST COMPANY By Frank 13edanich T~h~e( 1above is understood and agreed to, and we hereby give our consent, this - L- - day of 1984. CITY OF DENTON, TEXAS ay ATTEST: 71a or Q/cr! y it Secretary L•1i CFF CE5 MCCALL, PARKHURST 6 HORTON HCBBr H. MCCALL 900 DIAMCND SHAMROCK TONER JCHN P MCCA'-J aeaa-roe, P•uL. B nORTON PETER M T•Ri DALLAS, TEXAS 73201.6587 M.LL.Po P•R+..,,=5' P CHARD C PORTER I .Oa -i G.T •"GELO P F•.PwLR ..eu Ccoc z,a a•e Ge Ol CL•R[N[C CROMC G C~•PLES eOSD SH T„C,M• Tu ac o• t• aeDOOii ncOLiPeO S L PCGC.•R5e1• w CN1[Tn [ LLTZ JOnY W'. RJBOT?OM 1E11RC1 LEVSOnEL -HEMS K SR1R5E01 September 25, 1984 LE 6R,22 CE •R III •ENNETri P. •PT,N- Lcc..cao,N Hc. .c.+o.J. Honorable Mayor and Council of the City of Denton Denton, Texas Ladies and Gentlemen: City of. Denton Utility System Revenue Bon(: Series 1984-A, $20,000,000, being the "Initial Bond" proposed to be author- ized by the ordinance described below in compliance with Section 9.02 and Section 9.04 of the City Charter of the City of Denton, you are advised that the bids for the captioned Initial Bond received by the City pursuant to its Official Statement and Notice of Sale and Bidding Instructions dated September 11, 1984, have been tabulated, and that we find that the bid of a syndicate managed or headed by the following: N n n with the installments of principal of the Initial Bond to bear interest at the rates therein specified, with such bidder to pay par and accrued interest to date of delivery for the Initial bond, plus a premium of $3w geoo , is the lowest and best bid received, and we recommend that it be accepted. We further certify that we have examined the ordinance (the "Bond Ordinance") presently placed before the Mayor and Council for the purpose of authorizing the issuance of said Initial Bond, and, in our opinion, the said proposed Bond Ordinance is legal, and the bonds to be issued thereunder will be special obligations of the City payable from, and secured by a first lien on and pledge of, the "Pledged Revenues", which include initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. Respectfully, MCCALL, PARKHURST & HORTON Paul B. Horton OFFICIAL BID FORM Honorable Mayor and City Council September 25, 1984 City of Denton Denton, Texas Reference ii made to )our Official Stzternent and Notice of Sale and Bidding Instructions, dated September 11, 1984, of 520,000,007 CITY OF DENTON, TEXAS UTILITY SYSTEM REVENUE BONDS, SERIES 1984-A, both of which constitute a part hereof. For your legally issued Ini•ial Bond, as described in said Notice of Sale and Bidding Instructions and Official Staters ent, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $ for the installments of principal of the Initial Bend coming due, maturing and fearing interest aaolFo s: Interest Interest Interest Interest blatvit Rate_ Maturity Rate Maturity -_Rate Matu,itLr Rate 12-1-1985 LJ_!L6% 12-f-1992 I~ rl~ % 12-1-1995 /p, )c. % 12-1-2004 1c, JJ % 12-1-1986 j % 12-1-1997 .~C 1% 12-1-1999 10J!~_% 12-1-2005 4b_% 12-1-1987 12-1-1994 12-1-2000 12-1-2006 to,co% 12-1-1988 a_c,L% % 12-1-1995 9-77 % 12-1-2001 C 5C_% 12-3.-2007 QC% 12-1-1989 1.1.c.t: % 12-1-1996 fc) % 12-1-1002 12-1-2908 goo % 12-1-1990 17,Lr=% 12.1-1997 /G Ct % 12-1-2003 4g % 12.1-2009 64~s % 12-1-1991 1) u, % Our calculation (which is not a part of this bid) of the interest cost from the above is: Total Interest Cost Less Premium ^^b NET INTEREST COST $ ~~?Of C 567 EFFECTIVE INTEREST RATE 7!e are having the Bonds insured by The Initial BO„d shall be registered in the name of BAUSCCM PIERCE REFSNES . INCAsyndicate manager), `.ae will advise the Corporate Trust Division, Texas American Banl<JFort Worth N.A., P. 0. Box 2050, Fort Worth, Texas 76113, the Paving Agent/Registrar, on forms to be provided by the Paying Agent/Registt,r, our registration instructions for the definitive Bonds at least five business days prior to the date set for Initial Delivery, R'e will not ask the Paying Agent/Registrar to accept any registration instructions after the five day period, Cashier'a Check of the First City Natl. Bank, Austin, Texas , in the amount of~470,70J,~7, which represents our Good Faith Deposit*iKI lllff~or Nhis been made available to you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement and Notice of Safe and Bidding Instructions, We agree to accept delivery of and make payment for the Initial Bond in immediately available funds in the Corporate Trust Division, Texas American Bank/Fort Worth N.A., Fort Worth, Texas, not later than 10:00 AM, CST, on October 30, 1984, or thereafter on the date the Bonds are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and Bidding Instructions. Respectfully submitted, RAUSCHER PIERCE REFSN S, INC. - -6-ASSOCIATES - Yse Attached ~u .nze Representative ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by th r City of De on, Texas, t 's the 25th day of September, 1984. ATT Mayo - -yy s 7/&&1--- @I.x., Return cf Good Faith Deposit is heresy acknowledged: CERTIFICATE FOR ORDIMWM AUTHORIZING THE I&SUANCE OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1984-A, AND APPROVING AND AUTHOR- IZ G P1ST:?LTML'STI'S %%0 PROCELYRES REIAT1T7f, THERETO THE STATE OF TEXAS COUNT: OF DENTON CITY OF DLTTICN We, the undersigned officers of the City of Denton, Texas, hereby certify as follows: 1. The City Council of said City convened in regular meet, g on the 25TH DAY OF SEPTEMBER, 1984, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Charlotte Allen, City Secretary Richard o. Stewart, Mayor Mark Chew Linnie McAdams Charles Hopkins Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and all of sa}d persons were prosent, except the following absentees: l , thus constituting a quorum. Whereupon, Ong other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1984-A, AND APPROVING AND AUTHOR- IZING TNSTRLZENTS AND PROCEDURES RELATING THERETO) was duly introduced for the consideration of said City Cou:icil and duly read. It was then duly moved and seconded that said Ordinances be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: ~n AYES: NOES: 2. That a~true(e, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinant has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt frcn said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, r qualified, and acting officers and members of said City Council as indicated j therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have I duly signed said Ordinance; a' that the Mayor and the City Secretary of said Y City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. I S GNED AND SEALED the 25th day of Septembe 1 84. ~i -C- Secretary ? ~ V (SEAL) Ma r i~ We, the undersigned, being respectively the City Attorney and the Lend Attor-ieys of the City of Denton, Texas, hereby certify that we prepared a:d I€ approved as to legality the attache3 and following Ordinance prior to its passage as aforesaid. r,,< Cv . ,'lL1 ww~ j --City Attorney Bond It orneys ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON UTILITY SYSTEI! REVENUE BONDS, SERIES 1584-A, AND APPROVING AND AUTHORI7- ING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, TexaE, is authorized to issue the bonds of the City of Denton hereinafter authorized pursuant to Vernon's Ann. Civ. St. Articles 2368a, 1111 through 1118, and other applicable laws. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate princi- pal amount of $20,000,000, FOR THE PURPOSE OF PROVIDING FUADS TO IMPROVE THE CITY'S UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WATERWORKS, SEViER, AND ELECTRIC LIGHT AND POWER SYSTEM. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF DENTON UTILITY SYSTEM REVENUE BOND, SERIES 1984-A', and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, pay;"hle in installments of principal (the "Initial Bond"), but the ?nitial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner herein- after provided. The term "Bonds" as used in this Ordinance shall mean and :.nclude collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" -hall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE r INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, wi`.hout interest coupons, dated OCTOBER It 1984, in the ! denomination and aggregate princip%1 amount of $20,000,000, numbered R-11 payable in annual installments of principal to the initial registered owner thereof, to-wit: RAUSCHER PIERCE REFSNES, INC., or to the registered assignee or assignees of said Bord or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Bond W may be prepaid or redeemed prior j to the respective scheduled due dates of installments of principal thereof, (ii, may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indi- cated, in the FORM OF INITT.AL BOND set forth in this Ordinance. f 1 1 Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the respec- tive dates of -prepayment or redempticn, of the ins'-.allments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance. Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of rvblic Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: FORM OF INITIAL BOND NO. R-1 $20,000,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE BOND SERIES 1984-A THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to RAUSCHER PIERCE REFSNES, INC., j or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $20,000,000 f (TWENTY MILLION DOLLARS) in annual installments of principal due and F%;3yable on DECEMBER 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: r PRINCIPAL PRINCIPAL YEAR AMOUNT YEAR AMOUNT 1985 $400,000 1998 $900,000 1986 400,000 1999 9000000 1987 400,000 2000 900,000 1988 400,000 2001 9000000 1989 400,000 2002 900,000 1990 900,000 2003 900,000 1991 900,000 2004 900,000 1992 900,000 2005 900,000 1993 900,000 2006 900,000 1994 900,000 2007 900,000 1995 9000000 2008 900,000 1996 900,000 2009 900,000 1997 900,000 and to pay irrcerest, from thc- date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: Z i I 2 12.00% per annum on the above installment due in 1985 12.00% per annum on the above installment due in 1986 12.00% per annum on the above installment due in 1987 12.00% per annum on the above installment due in 1988 12.00% per annum on the above installment due in 1989 12.00% per annum on the above installment due in 1990 12.008 per annum on the above installment due in 1991 12.00% per annum on the above installment due in 1992 12.008 per annum on the above installment due in 1993 11.80% per annum on the above installment due in 1994 9.758 per annum on the above installment due in 1995 9.908 per annum on the above installment due in 1996 10.008 per annum on the above installment due in 1997 10.208 per annum on the above installment due in 1998 20.30% per annum on the above installment due in 1999 10.408 per annum on the above install.,lent due in 2000 10.50% per annum on the above installment due in 2001 10.60% per annum on the above installment due in 2002 10.70% per annum on the above installment due in 2003 10.75% per annum on the above installment due in 2004 t~ 10.75% per annum on the above installment due in 2005 i 10.00% per annum on the above installment due in 2006 9.00% per annum on the above installment due in 2007 I 9.00% per annum on the above installment due in 2008 9.00% per annum on the above installment due in 2009 I! with said interest being payable on JUNE 1, 1985, and semi- annually on each DECEMBER 1 and JUNE 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON t`:is Bond are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Bond are payable to the registered owner hereof through the services of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all princi- pal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each princi- pal and/or interest payment date by check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the resolution authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first- class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the regis- tered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make avail- able to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts iI required to provide for the payment, in immediately available fundF, of all principal of and interest on this Bond, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are aut'orized by law or executive order to close, then the date fo: such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the IE I 3 ;f~ same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF PROVIDING FUNDS TO IMPROVE THE CITY'S UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEMS. ON DECEMBER 1, 1994, or on any interest payment date thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to i the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Ay~,)t/Registrar to the registered owner hereof. By the date fix. for any such prepayment or redemption due provision sha?. be made by the Issuer with the Paying Agent/Registrar for 'hc payment of the required prepayment or redemption price For this Bond or the I portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption ii is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to iI be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled duo date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the i Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed i' principal balance hereof, or any unpaid and unredeemed portio,i hereof in any integral multiple of $5,000, may be assigned by I~ the initial registered owner hereof and shall be transferred ii. only in the Registration Books of the Issuer kept by the Paying k Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditioi:b set forth in the Bond Ordinance. Among other requirements for su,:h transfer, this Bond must be presented and surrendered to the Paying i~ Agent/Registrar for cancellation, together wi'Lt proper instru- ments of assignment, in form and with guaraiicec of signatures satisfactory to the Paying Agent/Registry". evidencing assignment by the initial registered owner oc this Bond, or any portion or portions hereof in any integral m.ltiple of $5,000, to the assignee or assignees in whose name or nam,is this Bond or any such portion or portions hereof is or are to be trans- ferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial recjisterad owner r hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered it ~I kI ~i 4 t i owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereot, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the issuer and the Paying Agent/Registrar as the absolute owner her%of for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like &ggre- gate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion cf this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,400 (subject to the requirement here- j inafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal f maturity date), upon surrender of this Bond to the Paying I~ Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this ; Bond or any portion hereof is assigned and transferred or 4 converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date correspond- ing to the dre date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to E and borne: by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, E THIS BOND IN ITS PRESENT FOR11 MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, I~ subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond cr any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/ Registrar shall not be required to make any such assignment., conversion, or exchange M during the period commencing with the close of business on any Record Date and f ending witt, the copening of business on the next ~oliowing II principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. i IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified sub- ~i stitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. i f EE li IT IS HEREBY certified, recited, and covenanted tnat this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be dune precedent to or in the aut:zorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation or the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER :ias reserved the right, subject to the restric- tion stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECGMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordi- nance constitute a contract between the registered owner hereof and the Issuer. II IN WITNESS WHEREOF, the Issuer has caused this Bond to be I signed with the manual signature of the Mayor of the Issuer and !I, countersigned with the manual signature of the City Secretary !!f` of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be ;r dated OCTOBER 11 1984. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) 0i FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: t COMPTROLLER'S REGISTRATION CERTIFICATE: PFGISTER 140. E I hereby certify that this Bond has been examined, certi- iJ fied as to validity, and approved by the Attorney General of the state of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. I Witness my signature -d seal this if :omptroxTer of Pub, Ic Zccounts 4 of the State of Texas i (COMPTROLLER'S SEAL) E~I f~ 6 ;f r Section 6. ADDITIONAL CHAPACTERISTICS OF THE BONDS. Registration and Transfer. (a) The issuer shall keep or cause to be kep` at the-prriincipal corporate trust office of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WGRTH, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer -)f the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books of records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours rf the Paying Agent/ Registrar, but otherwise the Paying Agentr]:egistrar shall keep the Regis- tration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registra- tion Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satis- factory to the Paying Agent /Registrar, evidencing (i) the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or lssignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion tb:reof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and de- livered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter ] stated that each substitute Bond shall have a single stated I principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall ha•ie a single stated principal maturity date, and shall not be Sayable i~ in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner su'r..titute Bonds in exchange for the unassi?ned balance of the Initial Bond in the i same manner as if the initial registered owner were the as- J signee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond I i1 I r i issued in exchange therefor shall have the sarre principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or por- tions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the charac- teristics herein described, payable to such assignee or assign- ees (which then will be the registered owner or owners of such new Pond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any regis- tered owner of a Bond. The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof W during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the I extent of the sum or sums so paid. (c) Pa gnt 4o Bonds and Interest. The Issuer hereby further appoints Paying Agent Registrar to act as the paying agent for paying the principal, of and interest on the Bonds, and to act as its agent to convert and exchange or ! replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made I by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. (d) Conversion and Exchange or Replacement; Authenti- cation. Each Bond issued and delivered pursuant toffs Ordinance, to the extent the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or ?heir duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the regis- tered owner or such assignee or assignees, a:, appropriate, be 1 converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF f I SUBSTITUTE BOND set forth in this Ordinance, in the denomina- tion of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall ha-,e a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unre- deemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issue-' in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided hcrain, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in l the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof. (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being excnanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenti- cated after such first scheduled Record Date shall bear inter- est from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it EI shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be prin;:ed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE i r It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of s bone? or bonds of an issue which originally was approved by the i 4 I i Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH. TEXAS Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so ex- ecuted. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execu- tion, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 71;k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or f replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, ap- proved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Aqent/Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending *4i:h the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged j for other Bonds, (v) shall have the characteristics, (vi) shall I` be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby f covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the 7 Paying Agent/Registrar for its services with respect to the j payment of the principal of and interest on the Bonds, when E 10 f due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paving Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or other- wise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Regis- trar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Regis- trar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Regi- strar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Regis- trar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE BOND NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ _ COUNTY OF DENTON CITY OF L.,TON UTILITY SYSTEM REVENUE BOND SERIES 1984-A 1 INTEREST RATE MATURITY DATE CUSIP NO. ON THE MATURITY DATE specified above the CITY. OF DENTON, i in Denton County, Texas (the "Issuer"), being a a political subdivision of the State of Texas, hereby promises to pay to I Ur to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of i 11 I and to pay interest thereon from OCTOBER 1, 1984, to the maturit date specified above, or th= date of redemption prior to maturity, at the interest rate per annum specified above; with interest being payable on JUNE It 1985, and semiannually on each DECEMBER 1 and JUNE I thereafter, except that if the date of authentication of this Bond is later than MAY 15, 1985, such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (herein- after defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/ Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest PaYr~ient date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the issuer required by the resolution authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corpor- ate trust office ce the Paying Agent/Registrar upon. prese„- tation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Regis- trar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinkijsg Fund" created by the Bond Ordinance, the :.mounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such paynent shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of an issue of Bonds initially dated OCTOBER 11 1984, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $20,000,0000 FOR THE PURPOSE OF PROVIDING FUNDS TO IMPROVE THE CITY'S UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM. Ii i i 12 r ON DECEMBER 1, 1994, or on any interest payment date thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount hereof, plus accrued interest to the date fixed for redemption. AT 'EAST 30 days prior to the date fixed for any redemp- tion of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a finan- cial public-tion, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice-, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions there- of. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. if a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unre- deemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE- GRAL MULTIPLE OF $5,000 may be assigned and shall be trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Payinr; Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment 13 - -or printed or endorsed -n this Bond shall be executed by the registered owner or its duly authorized attorney or representa- tive, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of ether Bcrds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such trans- fer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest- payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES are issuable sol,.ly as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or as- signees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, it assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancella- tion, all in accordance with the form and procedures set forth { in the Bond Ordinance. The Issuer shall pay the Paying IItl Agent /Registrar's standard or custOIL16fy fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, Fut the one requesting such transfer, conver- sion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition prece- dent to the exercise of such privilege of conversion and I exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bord Ordinance that it promptly will appoint a competant and legally qualified substi- tute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. k 1 14 IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold,and de- livered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and bren dory in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System", as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved thu right, subject to the restric- tion stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it is a part. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or f;^om any source whatsoever other than specified in the Bond Ordinance. BY BECOMING thr registered owner of this Band, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordi- nance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the facsimile signature of the Mayor of the Issuer and countersigned with the facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Rond. (facsimile signature) (facsimile signatukc) ~ - City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS Paying Agent/Registrar I Dated By Authorized Representative 15 I FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to II (Assignee's Social (print or typewrite Assignee's name and ; Security or Taxpayer address, including zip code) Identification Number I and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The signature must be Registered Owner guaranteed by a member of the NOTICE: The signature above New York Stock Exchange or must correspond with the name commercial bank or trust of the Registered Owner ap- company, pearing on the face of this Bond. Section 8. DEFINITIONS. As used in this Ordinance the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: (a) The terms "City" and "Issuer" shall mean the City of Denton, in Denton County, Texas. (b) The term "City Council" or "Council" shall mean the governing body of the City. (c) The term "Bonds" shall mean collectively the Initial Bond as defined and described in Section 1 of this Ordinance and all substitute bonds exchanged therefor as provided i.n this Ordinance. (d) The term "Parity Bonds" shall mean collectively W the City of Lenton Utility System Revenue Refunding Revenue Bonds, Series 1983, authorized by ordinance passed on March 10, 1983 (the "Series 1983 Bonds"), (ii) the City of Denton Utility System Revenue Bonds, Series 1984, authorized by ordinance passed on February 21, 1934 (the "Series 1984 Bonds"), and (iii) the Bonds. (e) The term "Additional Bonds" shall mean the additional parity revenue bonds which the City reserves the right to issue in the future, in accordance with Section 25 of this Ordinance. (f) The term "System" shall mean (1) the City's entire existing waterworks and sewer system and the City's entire existing electric light and power syste.,.n, together with all future extensions, improvementE, enlargements, and additions thereto, and all replacements thereof, and (2) any cther related facilities, all or any part of the revenues or income from which do, in the future, at the option of the City, and in 16 accordan:e with law, become "Pledged Revenues as hereinafter defined; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorize3 or permitted by law, the term, System shall not mean any water, sewer, electric, or other facilities of any kind which are declared not to be a part of the System, and which are acquired or constructed by the City w:th the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not payable from or secured by any Pledged Revenues, but which are secured by and payable from liens on and pledges of any other revenues, sources, or payments, including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities; and such revenues, sources, or I pay.r.ents shall no": be considered as or constitute Gross Rev- enues of the System, unless and to the extent otherwise pro- vided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds". (g) The terms "Gross Revenues of the System" and "Gross I`! Revenues" shall mean all revenues and income of every nature derived or received by the city from the operation and owner- ship of the System, including the interest income from the investment or deposit of money in any Fund created by this Ordinance. (h) The terms "Net Revenues of the System", and "Net Revenues" shall mean all Gross Revenues after deducting there- from an amount equal to the current expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render effi- cient service, provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised by the adoption of appropriate resolu- tions, are necessary to keep the System in operation and render adequate service to said City • and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in determining "Net Revenues". Payments required to be made by the City for water supply or water facilities, sewer services or sewer facilities, fuel supply, and for the purchase of electric power, which payments under law constitute operation and maintenance expenses of any part of the System, shall constitute and be regarded as ex- penses of operation and maintenance of the System under this Ordinance. Depreciation and amortization shall. not constitute or be regarded as expenses of operation and maintenance of the System. M The term "Pledged Revenues" shall mean (1) the Net Revenues, plus (2) any additional revenues, income, or other I~ resources which are expected to be available to the City on a regular periodic basis, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which in the future may, at the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds. (j) T).s term "year" or. "fiscal year" shall mean the fiscal year used by the City in connection with the operation of the System, , 17 I I (k) The term "Government Obligations" shall mean direct obligations of the United States of America, including obliga- tions the principal of and interest on which are uncondition- ally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, and which may be in book-entry form. Section 9. PLEDGE. (a) The Bonds are "Additional Bonds" as permitted by Sections 24 and 25 of the ordinance passed on March 10, 1983, authorizing the Series 1983 Bends; and it is hereby determined, declared, and resolved that the Bonds and the Series 1983 Bonds (collectively the "Parity Bonds") are secured an3 payable equally and ratably on a parity, and that Sections 8 through28, of this Ordinance are supplemental to and cumulative of Sections 7 through 27 of the aforesaid ordinance passed on March 10, 1983, with Sections 8 through 28 of this Ordinance being applicable to all of the Parity Bonds. (b) The Parity Bonds and any Additional Bonds, and the interest thereon, including any interest coupons appertaining thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged Revenues are further pledged to the establishment and mainte- nance of the Funds created by this Ordinance, and any Funds created by any ordinance authorizing the issuance of any Additional Bonds. The Parity Bonds and any Additional Bends are not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System. Section 10. SYSTEM FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund to be entitled the "City of Denton Utility System Fund" (the "System. Fund"). All Gross Revenues shall be credited to the System Fund immedi- ately upon receipt, unless otherw_se provided in this Ordi- nance. All current expenses of operation and maintenance of the Systen shall be paid from such Gross Revenues credited to the System Fund as a first charge against same. Before making any deposits hereinafter required to be made from t.`.e System Fund, the Clty shall retain in the System Fund at all times an amount at least equal to on-a-sixth of the amount budgeted for the then current fiscal year for the current operation and maintenance expenses of the system. Section 11. INTEREST AND SINKING FUND. For the sole purpose of paying the principal of and interest on all Farity Bonds and Additional Bonds, there heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be en- titled the "City of Denton Utility System Revenue Bonds Inter- f est and Sinking Fund" (the "Interest and Sinking Fund"). t Section 12. RESERVE FUND. There heretofore has been and is hereby created and there shall be established and maintained f initially at Texas American Bank/Fort Worth, N.A., Fort Worth, Texas, and thereafter, at the option of the City, established and maintained at any time at any national bank having a ` capital and surplus in excess of $25,000,000, a separate fund to be entitled the "City of Denton Utility System Bonds and Additional Bonds Reserve Fund" (the "Reserve Fund"). The Reserve Fund shall be used to pay the principal of and interest on any Parity Bonds or Additional Bonds when and to the extent j the amounts in the Interest and Sinking Fund available for such payment are insufficient for such purpose, and may be used for I i i 18 I i } the purpose of finally retiring the last of any Parity Bonds or Additional Bonds. Section 13. EXTENSION AND IMPROVEMENT FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Extension and Improvement Fund" (the "Extension and Improvement Fund"). The Extension and Improvement Fund shall be used for the purpose of paying the costs of improve- ments, enlargements, extensions, additions, replacements, or otl.er capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replace- ments of the System for which System funds are not available, or for paying unexpected or extraordinary expenses of operation and maintenance of the System for which System funds are not otherwise available, or for any other lawful purpose. Section 14. EMERGENCY FUND. There is hereby created and P there shall he established and maintained on the books of the City, and accounted for separate and apart from all other funds s of the City, a separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund"). The Emergency Fund shall be used for the purpose of paying unex- pected or extraordinary expenses of repair, replacement, operation, and maintenance of the System for which neither System funds nor the moneys in the Extension and Improvement Fund are available. There was deposited in the Emergency Fund simultaneously with the delivery of the Series 1983 Bonds to the initial purchasers thereof from lawfully available funds of the City the amount of $250,000. All investment interest income from the Emergency Fund shall be transferred to the System Fund as received. Section 15. DEPOSITS OF PLEDGED REVENUES. Pledged Revenues shall be credited to or deposited in the Interest and Sin;ing Fund, the Reserve Fund, the Extension and Improvement Fun , and other funds when and as required by this ordinance and any ordinance authorizing the issuance of Additional Bonds. Section 16. IN'ESTMENTS. Money in any Fund established pursuant to this ordinance or any ordinance authorizing the issuance of Additional Bonds, a,ay, at the option of the City, be placed in time deposits or certificates of deposit secured by obligations of the type hereinafter described, or be in- vested in Government Obligations (as defined in Section 8 hereof) or obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, axe backed by its full faith and i credit or represent its general obligations, or invested in ! obligations of instrumentalities of the United States of ,'%merica, ic.,.iuding, but not limited to, evidences of indebted- ness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Govern- ment National Mortgage Association, United States Postal Service, Farmers Home Administration, Federal Home Loan Mort- gage Association, Small Business Administration, Federal Housing Association, or Participation Certificates in the Federal Assets Financing Trust; provided that all such deposits and investments shall be made in such manner as will, in the opinion of the City, permit the money required to be expended from any Fund to be available at the proper time or times as expected to be needed. Such investments (except United States Treasury Obligations--State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market i i 19 value as of the last day of each fiscal year. Unless otherwise set forth herein, all interest and income derived from such deposits and investments immediately shall be credited to, and any losses debited to, the Fund from which the deposit or investment was :Wade, and surpluses in any Fund shall or may be disposed of as hereinafter provided. Such investments shall he sold promptly when necessary to prevent any default in connection with the Parity Bonds or Additional Bonds consistent with the ordinances, respectively, authorizing their issuance. Section 17. FUNDS SECURED. That money in all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law. Section 18. PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND. That the City shall make the deposits and payments from Pledged Revenues in the System Fund when and as required by this Ordinance and any ordinance authorizing any Additional Bonds, and such deposits shall be made in the following manner and with the following irrevocable priorities, respectively: i First, to the Interest and Sinking Fund, when and in the amounts required by this Ordinance and any crdinance authorizing any Additional Bonds; Second, to the Reserve Fund, when and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; and Third, to the Extension and Improvement Fund, when and as required by Section 21 of this Ordinance. Section 19. INTEREST AND SINKING FUND REQUIREMENTS. The { City shall cause to be deposited to the credit of the Interest and Sinking Fund the accrued interest and any premium received from the sale of the Initial Bond, and on or before the 25th day of each month the City shall cause to be deposited to the credit of the Interest and Sinking Fund, in approximately equal monthly payments, amounts sufficient, together with any other funds on hand therein, to pay all of the interest nr principal and interest coming due, including the principal mount of any Parity Bonds required to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Parity bonds and any Additional Bonds on the next succeeding interest payment date. Any moneys so deposited in the interest and Sinking Fund with respect to a mandatory redemption require- { ment, together with other lawfully available funds of the City, may be used by the City, to purchase, in advance of a mandatory redemption date and at a price not exceeding the principal amount thereof plus accrued interest thereon to the date of purchase, Parity Bonds which would be subject to being chosen for mandatory redemption on such mandatory redemption date. The Paying Agent shall cancel any Parity Bonds so purchased. Section 20. RESERVE FUND REQUIREMENTS. There is now on hand in the Reserve Fund an amount of money and Government Obligations equal to $3,000,000. The City shall maintain in the Reserve Fund an amount of money and investments equal to the lesser of $3,000,000 or the maximum annual principal and interest requirements of the Series 1983 Bonds and the Series 1984 Bonds (the "Required Reserve Amount"); except and provided that following the issuance and delivery of the initial Bond (Series 1984-A) the Required Reserve Amount shall become and be an amount of money and investments equal to the average annual principal and interest requirements of all outstanding Parity Bonds and Additior.Ll Bonds; provided further, however, that the Required Reserve Amount shall never be less than $3,000,000 if the maximum annual principal and interest requirements on all 20 outstanding Parity Bonds and Additional Bonds exceeds $3,000,000. Immediately after the issuance and delivery of the Initial Bond there shall be deposited to the credit of the Reserve Fund, from the proceeds of the sale of the Initial Bond, money sufficient to cause the Reserve Fund to contain an aggregate amount of money and investments equal to the average annual principal and interest requirements of all then out- standing Parity Bonds. After the delivery of any future Additional Bonds the City shall cause the Reserve Fund to be increased, if and to the extent necessary, so that such Fund will contain an amount of money and investments equal to the Required Reserve Amount. Any increase in the Required Reserve Amount may be funded from. Pledged Revenues, or from proceeds from the sale of any Additional Bonds, or any other available source or combination of sources. All or any part of the Required Reserve Amount not funded initially and immediately after the delivery of any installment or issue of Additional Bonds shall. Le funded, within not more than five years from the date of such delivery, by deposits of Pledged Revenues in approximately equal. monthly installments on or before the 25th day of each month. Principal amounts of the Parity Bonds and any Additional Bonds which must be redeemed pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal for the purpose of calculating principal and interest requirements on ssch bonds. When and so long as the amount in the Reserve Fund is not less than the Required Reserve Amount no deposits shall be made to the credit of the Reserve Fund; but when and if the Reserve Fund at any time contains less than the Required Reserve Amount, then the City shall transfer from Pledged Revenues in the System Fund, and deposit to the credit of the Reserve Fund, monthly on or before the 25th day of each month, a sum equal to 1/60th of the Required Reserve Amount, until the Reserve Fund is restored to the Required Reserve Amount. The City specifically covenants that when and so long as the Reserve Fund contains the Required Reserve Amount, the City shall cause all interest and income derived from the deposit-)r investment of the Reserve Fund to be deposited to the credit of the Interest and Sinking Fund. Section 21. EXTENSION AND IMPROVEMENT FUND REQUIREMENTS. During each year, subject and subordinate to making the re- quired deposits to the credit of the interest and Sinking Fund and the R--serve Fund, the City shall be required to deposit to the credit of the Extension and Improvement Fund, from Pledged Revenues in the System Fund, an amount equal to 8% of the "Adjusted Gross Revenue8 of the System", which term is hereby defined to mean the following: the Gross Revenues of the System for such year after deducting from such Gross Revenues an amount equal to the current expenses of operation and maintenance of the System for such year which are directly attribut- able to (i) all fuel costs related to the production. of electric energy by the City and/or (ii) the pur- chase of electric energy by :he City. Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the improvement Fund as permitted by Section 22 (b) hereof, but no such addi- tional deposit is required. All investment interest income from the Extension and Improvement Fund shall be retained in and remain a part of such Fund. Section 22. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) If on any occ.sion there shall not be sufficient Pledged Revenues to make the required deposits into the Interest and Sin*<ing Fund or the Reserve Fund, slich deficiency shall be made 21 up as soon as possible from the next available Pledged Rev- enues. (b) Subject to making the required deposits to the credit of the various Funds when and as required by this Ordinance or any ordinance authorizing the issuance of Additional Bonds, any surplus Pledged Revenues may be used by the City for any lawful purpose. Section 23. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS. On or before December 1, 1984, and semiannually on or before each June 1 and December 1 thereafter while any of the Parity Bonds or Additional Bonds are outstanding and unpaid the City shall make available to the Paying Agents therefor, out of the Interest and Sinking Fund, or if necessary, out of the Reserve Fund, money sufficient to pay, on each of such dates, the principal of and interest on the Parity Bonds and Additional Bonds as the same matures and comes due, or to redeem the Parity Bonds or Additional Bonds prior to maturity, either upon mandatory redemption or at the option of the City. At the direction of the City the Paying Agents shall either deliver paid Parity Ponds and Additional Bonds, and any interest coupons appertaining thereto, to the City or destroy all paid Parity Bonds and Additional Bonds, and any coupons appertaining thereto, and furnish the City with an appropriate certificate of cancellation or destruction. Section 24. FINAL DEPOSITS. (a) Any Parity Bond or Additional Bond shall be deemed to be paid, retired, and no longer outstanding within the meaning of this ordinance when payment of the principal of, redemption premium, if any, on such Parity Bond or Additional Bond, plus interest "iereon to the due date thereof (whether such due date be by .•sson of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to he made in accordance with the terms thereof (including the giving of any required notice of reden?- tion or provision for the proper giving of such notice having been made), or (ii) shall have been provided by irrevocably depositing with or making available to a Paying Agent therefor, in trust and irrevocably set aside exclusively for such pay- ment, (1) money sufficient to make such payment or (2) Govern- ment Obligations which mature as to principal and interest in suct amounts and at such times as will insure the availability, witt.out reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such Paying Agent pertaining to the Parity Bonds and Addi- tional Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent. At such time as a Bond or Additicnal Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled t, payment solely from such money or Government: Obligations. (b) Any moneys so deposited with a paying agent may at the direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is not requires for the payment of the Parity Bonds and Additional Bonds, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be turned over to the r°ty or deposited as directed by the City. Section 25. ADDITIONAL BONDS. (a) The City shall have the right and power at any time and from time to time, and in 22 one or more series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for any lawful purpose, including the refunding of any Parity Bonds or Addi- tional Bonds, or other obligations. Such Additional Bonds, if and when authorized, issued, and delivered in accordance with this Ordinance, shall be payable from and secured by an irrev- ocable first lien on and pledge of the Pledged Revenues, equally and ratably on a parity in all respects with the Parity Bonds and any other outstanding Additional Bonds. (b) The principal of all Additional Bonds must be scheduled to be paid or mature on December 1 of the years in which such principal is scheduled to be paid or mature. Section 26. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS. Additional Bonds shall. be issued only in accordance with this Ordinance, and no installment, Series, or issue of Additional Bonds shall be issued or delivered unless: (a) The Mayor of the City and the City Secretary sign a written certificate to the effect that the City is not in default as to any covenant, condition, or obligation in connec- tion with all then outstanding Parity Bonds and Additional Bonds, and the ordinances authorizing same, and that the interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) An independent certified public accountant, or in- dependent firm of certified public accaantancs, acting by and through a certified public accountant, signs a written certifi- cate to the effect that, in his or its opinion, during either the next preceding fiscal year, or any twelve consecutive calendar month period out of the 28-month period immediately preceding the month in which the ordinance authorizing the issuance of the then proposed Additional Bonds is passed, the Pledged Revenues were at least (i) 1.25 times an amount equal to the average annual principal and interest requirements, and (ii) 1.10 times an amount equal to the principal and interest requirements during the fiscal year during which such require- ments are scheduled to brn the greatest, of all Parity Bonds and Additional Bonds which are scheduled to be outstanding after the delivery of the then proposed Additional Bonds. It is specifically provided, however, that in calculating the amount of Pledged Revenues ::or the purposes of this subsection (b), if there has been any increase in the rates or charges for ser- vices of the System which is then in effect, but which was not in effect during all or any part of the entire period for which the Pledged Revenues are being calculated (hereinafter referred to as the "entire period") then the certified public account- ant, or in lieu of the certified public accountant a firm of consulting engineers, shall determine and certify the amount of Pledged Revenues as being the total of (i) the actual Pledged Revenues for the entire period, plus (ii) a sum equal to the aggregate amount by which the actual billings to customers of the System during the entire period would have been increased if suc}i increased rates or charges had been in effect during the entire period. (c) Provision shall be made in the ordinance authorizing their issuance for increasing the Reserve Fund to the Required Reserve Amount as required by Section 20 hereof. (e) All calculations of average annual principal and interest requirements of any bonds made in connection with the issuance of any then proposed Additional Bonds shall be made as of the date of such Additional Bonds; and also in making calculations for such purpose, and for any other purpose under 23 this ordinance, principal amounts of any bonds which must be redeemed prior to maturity pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal of such bonds. Section 27. GENERAL COVENANTS. The City further cove- nants and agrees that in accordance with and to the extent required or permitted by law: (a) Performance. It will faithfully perform at all times any and all covenants, undertakings, stiru'=.tions, and provi- sions contained in this ordinance, and eac, ordinance authoriz- ing the issuance of Additional Bonds, and in each and every Parity Bond and Additional Bond; that it will promptly pay or cause to be paid the principal of and interest on every Parity Bond and Additional Bond, on the dates and in the places and manner prescribed in such ordinances and Parity Bonds or Additional Bonds; and that it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve Fund; and any holder of the Parity Bonds or Addi- tional Bonds may require the City, its officials, and em- ployees, to carry out, respect, or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials, and employees. (b) City's Legal Authority. The City is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to create and issv,,e the Parity Bonds and Additional Bonds; that all action on its part for the creation and issuance of the said obligations has been or will be duly and effectively taken, and that said obligations in the hands of the holders and owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. (c) Title. The City has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of the Parity Bonds and Additional Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Parity Bonds and Additional Bonds in the manner prescribed herein, and has lawfully exercised such rights. (d) Liens. The City will from time to time and before the same become delinquent pay and discharge all taxes, assess- ments, and governmental charges, if any, which shall be law- fully imposed upon it, or the System, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of tb,! liens granted hereunder shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic's, laborer's, materialman's, or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided, however, that no such tax, assess- ment, or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, naterialman's, or other lien or charge, shall be required to be paid so long as the 24 validity of the same shall be contested in good faith by the City. (e) operation of System; No Free Service. While the Parity Bonds or any Additional Bonds are outstanding and unpaid the City shall continuously and efficiently operate the System, and shall maintain the System in good condition, repair, and working order, all at reasonable cost. No free service of the System shall be allowed, and should the City or any of its agencies, instrumentalities, lessors, or concessionaires make use of the services and facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the City or any of its agencies, instrumen- talities, lessors, or concessionaires out of funds from sources other than the revenues of the System, unless made from surplus Pledged Revenues as permitted by Section 22(b) hereof. (f) Further Encumbrance. While the Parity Bonds or any Additional Bongs are outstanding and unpaid, the City shall not additionally encumber the Pledged Revenues in any manner, except as permitted in this ordinance in connection with Additional Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants, and agreements of this Ordinance and any ordinance authorizing the issuance of Additional Bonds; but tha right of the City to issue revenue bonds payable from a subordinate lien on surplus Pledged Revenues is specifically recognized and retained, as permitted under Section 22(b) hereof). (g) Sale or Disposal of Property. While the Parity Bonds cr any Additional Bonds are outstanding and unpaid, the City shall not sell, convey, mortgage, encumber, lease, or in any manner transfer title to, or dedicate to other use, or other- wise dispose of, the System, or any significant or substantial part thereof; ?)rovided that whenever the City deems it neces- sary to dispose of any property, machinery, fixtures, or equipment, or dedicate such property to other use, it may do so either when it has made arrangements to replace the same or provide substitutes therefor, or it is determined by resolution of the City Council that no such replacement or substitute is necessary. (h) Insurance. (1) The City shall cause to be insured such parts of the System as would usually be insured by corpor- ations operating like properties, with a responsible insurance j company or companies, against risks, accidents, or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance also shall be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. All insur- ance premiums shall be p?id as an expense of operation of the System. Lt any time while any contractor engaged in construc- tion work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being con- structed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the Bondholders and their representatives at all reaSLna'ole times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the City shall make due proof of loss and :hall do all things necessary or desir- able to cause the insuring companies to make payment in full directly to the City. The proceeds of insurance covering such property, together with tiny otter funds necessary and available for such purpose, shall be used orthwith by the City for 25 repair4ing the property damage.' or replacing the property destroyed; provided, however, th"t if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds pertaining to the System shall be deposited in a special and separate trust fund, at an official depository of the City, to be designated the Insurance Account. The Insurance Account shall be held until such time as other funds become available which, tcgether with the Insurance Account, will be sufficient to make the repairs or replacements origin- ally required. (2) The annual audit hereinafter required may contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the mainte- nance of insurance, and shall state whether or not all insur- aice premiums upon the insurance policies to which reference is made have been paid. (i) Annual Budget and Rate Covenant. The City shall prepare, prior to the beginning of each fiscal year, an annual budget, in accordance with law, reflecting an estimate of cash receipts and disbursements for the ensuing fiscal year in sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for such fiscal year. The City shall fix, establish, maintain, and collect, such rates, charges, and fees for the use and availability of the System at all times as are necessary 11) to produce Gross Revenues sufficient, together with any other Pledged Revenues, to pay all current operation and maintenance expenses of the System, and (2) to produce an amount of Pledgee. Revenues during each fiscal year at least equal to the greater of 1.25 times the average annual principal and_nterest requirements of all then outstanding Parity Bonds and Additional Bonds or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds. (j) Records. The City shall keep proper books of record and account in which full, true, proper, and correct entries will be made of all dealings, activities, and transactions relating to the System, tke Pledged Revenues, and the Funds created pursuant to this (rdinance, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Bondholder or citizen of the City. To the extent consistent with the provi- sions of this Ordinance, the City shall keep its books and records in a manner conforming to standard accounting practices as usually would be followed by private corporations owning and operating a similar System, with appropriate recognition being given to essential differences between municipal and corporate accounting practice:. (k) Audits. After the close of each fiscal year while any of the Parity Bonds or any Additional Bonds are outstand- ing, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certified public accountant or an independent firm of certified public accountants. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory Council of Texas, to each paying agent for any bonds payable from Pledged Revenues, and to any Bondholders who shall so request in writing. The annual audit reports shall be open to the inspec- tion of the Bondholders and their agents and representatives at all reasonable times. (1) Governmental Agencies. It will comply with all of the terms an3 conditions of any and all franchises, permits, 26 and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and mainte- nance of the System. (m) No Competition. It will not operate, or grant any franchise or, to the extent it 3.egally may, permit the acquisition, construction, or operation of, any facilities which would be in competition with the System, and to the extent that it legally may, the City will prohibit any such competing facilities. (n) No Arbitrage. The City covenants to and with the purchasers of the Parity Bonds and any Additional Bonds that nc use will be made of the proceeds of any of uch bonds at any time throughout the term of any of such bonds which, if such use had been reasonably expected on the date of delivery of any of such bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbitrage bonds within the meaning of Section 103(c) of the internal Revenue code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the ('ity is obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants they the proceeds oP all such bonds will not otherwise be used directly or indirectly so as to cause all or any part of such ,;onds to be or become arbitrage fonds within the meaning of the afore- said Section 103(c), or any regulations pertaining thereto. Section 26. AMENDMENT OF OF.DINANCE. (a) The holders or owners of Parity Bonds and Additional Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Parity Bonds and Additional Bonds shall have the right from time to time to approve any amendment to this ordinance which may be deemed necessary or desirable by the City, provided, however, that nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Parity Bonds or Addi- tional Bonds so as to: (1) Make any change in the maturity of the out- standing Parity Bonds or Additional Bonds; (2) Reduce the rate of interest borne by any of the outstand:'Ing Parity Bonds or Additional Bonds; (3) Rec?uce the amount of the principal payable on the outstanding Parity Bonds or Additional Bonds; f4) Modify the terms of payment of principal of or ,.nterest or, the outstanding Parity Bonds or Addi- tional Bonds, or impose any conditions with respect to such payment; (5) Affect the rights of the holders or owners of less than all of the Parity Bonds and Additional Bonds then outstanding; (6) Change! the minimum percentage of the prin- cipal amount of Parity Bonds and Additional Bonds neces- sary for consent to such amendment. (b) if at any time the City shall desire to amend the Ordinance under this Section, the City 51id11 cause notice of 27 the proposed amendment to be published in a financial publication of general circulation in The City of New York, New York, once during each calendar week for at least two succe- ssive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agents for inspection by all holders or owners of Parity Bonds and Additional Bonds. Such publication is not required, however, if notice in writing is given to each holder or owner of Parity Bonds and Additional Bonds. (c) Whenever at any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the holders or owners of at least 518 in aggregate principal amount of all Parity Bonds and Additional Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the raying Agents, the City Council may pass the amendatory ordinance in substantially the same form. Id) Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this ordinance shall be deemed to be amended in accordance with such amendatory ordi- nance, and .e respective rights, duties, and obligations under this Ordinance of the City, and all the holders or owners of then outstanding Parity Bonds and Additional Bonds and all future Parity Bonds and Additional Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments. (e) Any consent given by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of this Section shall be irrevocable for a period of six m::aths from the date of the first publication of the notice provided for in this Section, and ;Ball be conclusive and binding upon all future holders or owners of the same Parity Bond or Additional Bond durin; such period. .Such consent may Le revoked at any time after six months from the date of the first publication of such notice by the hclder or owner who gave such consent, or by a successor in title, by filing notice thereof with the paying agents and tt,e City, but such revocation shall not be effective if the holders or owners of 518 in aggregate principal amount of the then outstanding Parity Bonds and Additional Bonds as in this Section defined have, prior to the attempted revocation, consented to, and approved the amendment. (f) For the purpose of this Section, the fact of the holding of Parity Bonds or Additi.oaal Bonds which are in bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or Additional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a certi- fi,cate executed by any trust company, bank, banker, or any other depository wherever situated showing that at the date therein mentioned such person had on deposit with such trust company, bank, banker, or other depository, the Parity Bonds and Additional Bonds described in such certificate. The City may conclusively assume that such ownership continues until. written notice to the contrary is served upon the City. The ownership of all registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor. Section 29. DAMAGED, MUTILATED, LOST, STOLEN, OR DE- STROYED BONDS. (a) Replacement Bonds. In the event any 28 outstanding Bond is datnaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, azd delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application fcr Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/ Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for carceile,,tion the Bond so damaged or muti- lated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, J.n the event any such Bond shall have matured, and no default has occurred lehich is then con- tinuing in the payment of the principal of, redemption premium, if any, or interest on the Bovd, the Issuer may authorize the payment of the same (r,ithout vurrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prier to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legel, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that. any Bond is lost, stolen, or destroyed shall constitute a con-ractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Issuer for Issuing Replacement Bonds. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Regis- trar, and the Paying Agent/Registrar shall authenticate and deliver such Bond:. in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Eonds. Section 30. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, AND CUSIP NUMBERS. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to tho Initial Bond pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Public 29 Accounts for a deputy designated in writing to act for said Comptroller) shall manually sign the comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Parity Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of tha Bonds. Section 31. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to RAUSCHER PIERCE REFSNES, INC., for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $308.00. It is hereby officially found, determined, and declared that the Initial Bond has been sold at public sale to the bidder offer- ing the lowest interest cost, after receiving sealed bids pursuant to an official Notice of Sale and Bidding Instructions and Official Statement dated September 11, 1984, prepared and distributed in connection with the sale of the Initial Bond. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Bonds is hereby ap- proved. It is further officially found, determined, and declared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer. Section 32. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowl- edge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Notice of Sale and Official Statement. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 30 MGCA Statement sEP 2 519& f 1 LONE STAR GAS COMPANY - TRANSMISSION DIVISIO -~LL~j STATEMENT OF GAS COST ADJUSTMENT AND CITY GATE PATE* EFFECTri i, ,1984 fr IN ACCORDANCE WITH Oi,.DER OF TEXAS RAILROAD CO;HISSION UNDER DOCKET NO, GUD-3543 Line Mcf Amount Amt./Mcf 1 Estimated Gas Purchases 23 795 000 $ 79 958 000 $ 3.3603 2 Plus Estimated Withdrawal From Storage 1 000 000 3 371 000 3.3710 3 Less Estimated Injection Into Storage 3 100 000 10 578 000 3.4123 4 Estimated Net Gas Received Into System 21 695 000 $ 72 751 000 3.3534 5 Ratio Volume Sold To Volume Received - .9754 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) 3.4380 7 Plus Gas Cost Correction Factor (MGCCF) Based On August, 1934 (.1526) 8 Less Base Cost Of Gas Included In Base Rate 3.5195 9 Less Extracted Products Revenue Adjustment (MEPRA) Based On August, 1984 .2121 10 Plus Base Extracted Products Revenues Per Mcf 08;0 11 Plus Out-of-Period Adjustment Per Mc:f (MOPA) Based On August, 1984 .0775 12 Subtotal (.2797) 13 State Utility Tax Recovery Factor X 1.0025 14 Gas Cost Adjustment (MGCA) (.2804) 15 Plus Base City Gate Fate 4.0200 16 Regular City Gate Rate 3.7396 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge .0000 18 City Gate Rate $ 3.7396 "Intracompany charge to the Company's distribution divisions for sale to residential and commercial customers and for distribution company-used and unaccounted-for gas. Page I of 4 pages GRANT AGREEMENT D Nq`. TOW FOR DEVELOPMENT PROJECT r, 5 ~iI USD&xnroo T . 1984 ~U J ! ~ ,oto0n Part I-Offer Ctii :r a tYTY MARAGERS r1CE Adrr"ltwokw Date of Offer: SEP 1 IK4 Airport: Denton Municipal Project No. 3-48-0067-01 Contract No.DOT FA 84 SW-8016 TO: The City of Denton, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called an Application for Federal Assistance) dated September 5, 1984 , for a grant of Federal funds for a project for development of the Denton Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Construct apron (approx 18,000 S.Y.); Construct and mark connecting taxiway (approx. 50' x 500'); Improve drainage at north end; Install two lighted supplemental wind- cones. all as more particularly described in the property map and plans and specifications incor- porated in the said Application for Federal Assistance. FAA FORM SIDO.37 (11-82) Development Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as heroin provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percentum of all allowable project costs. This offer is made on and subject to the following terms and conditions: Standard Conditions 1. The maximum obligation of the United States payable under this offer shall be $ 468,500.00 which ii comprised of: $ 468,500.00 for development other than land S 0.00 for land acquisition 2. The allowable costs of the project shall not include any cost; determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall comply with the Airport and Airway Improvement Act of 1982 and shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances of the Application for Federal Assistance which is attached to and becomes a part of this offer. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30. 1984. or such subsequent date as may be prescribed in writing by the FAA. 7. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit A attached to the Appliction for Federal L istange attached here to. FAA Form 5100-37 (11-82) Development Page 3 of 4 Pages Special Conditions 8. The plans an({ specifications referred to on Page 1 of this Grant Agreement are the plans and specifications approved by the FAA on August 9, 1984, as amended by Addendum No. 1. The following special assurances are added to Part V, Assurances, of the Appplication for Federal Assistance attached to this Grant Offers 31. The Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 15 of Part V, Assurances, of the application dated September 5, 1984, and therefore it is understood and agreed that the Sponsor is under no obligation to furnish any new areas or new rights without cost to the Federal Government under this Grant Agreement. However, it is agreed and understood that the rights of the United States to cost free areas obtained under unexpired Grant AgreeV-Ats with the Sponsor are extended for twenty years from the date of this Grant Agreement. Furthermore, the responsibility for paying the cost of relocating any frcilities located in such cost free areas shall be determined in accordance with Advisory Circular 150/5300-78, FAA Policy on Facility Relocations 'Iccasioned by Airport Improvewents or Changes. FAA Form 5100-37 (11-82) Development ~o Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport P.nd Airway Improvement Act of 1982, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATE" OF AMERICA FEDERAL V ON ADHIliIS ATION B (Title pager, Safely and Standards Branch Part II - Acceptance The Sponsor does hereby ratify and adopt all Statements, representations, warranties, covenants, Ind agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby ..:cept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of , 19 THE CITY OF DENTON, TEXAS N e Sponso - (SEAL) Title. Attest: P - Title: CERTIFICATE OF SPONSOR/'S ATTO,RRNET I, So C. D rAerr 5 , acting as Attorney for the Sponsor do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Texas and the Act and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terns thereof. Dated at ~Id r~i n 7 va this,? E day of >Y CA 6 19 5 Y. «il~Ll~... FAR Form 5100-37 (11-82) Development OMB Apltreval 112%4101 FEDERAL ASSISTAUCE L A►PLI. a• AYrf ER AArrUCA, a. RYr1lR _ CANT'S TION 1• TYPE IRLA/7'tICATION Arau• 11. DATE I W II)i L DATE rN, "i for ACTION R APPLICATION CATION h[R ASSIC110 it N0- 4 U myri Airry OP tNT[AT (ilpt) Lnet yae (-j REPJRT CF FEDER.L AETIOH a:e„A d. LEGAL A►POCNNTCP(Clrni IS. FEDERAL EMPLO VER IDENTIFICATION NO. FrNaat46we City of Denton 15-6000514 W 1 DCjrislir Yn.t • e. itr•a/P.O. Sat 215 E McKinney DRAW e IN. rILA 1210.1 0 11 6) . UM 1. ue a. NTITLE 1 Denton Denton (hew Airport Improvement f. flab Texas 1. EIPewe, 76201 r•deral Program L Coated Pear }NiI CalakPl p a Itttc+.,e N.I Clint Lynch (817)566-8414 i 7. TITLE AND DESCRIPTION OF APPLicAfers PROJECT AA-Ilea IF-Crew. TYPE OF A►/LI -CaWma CIPIENT 11 Miss AYwO Construct apron (approx. 18,000 s.y.); Construct C-S.b ul• 1-R 1tea FIOr1NW 1WdNr and mark connecting taxiway (approx. 50' x 500'); a O%Wd ER OtAth- ww ts2.ti1p utna r1: Improve drainage at north end; install 2 lighted MI F-west orv+a ,01 Perlaaa supplemental wind cones. 0f- D nb.T later a,tP•erriate Wkr D D. TYPE OF ASSISTANCE 4-11a ;t fAM D-41 w11i 5.1,Ogi tea gm" E-0tM Cater a►/rr D•Era rriau fetrrfal EIL 1AAEA OF Pii ICT IMPACT 0 art Of n14C ifir e. 26 ESTIMATED NUTA• 12. TYPE Of APPLICATION S.art, age.) SER OF PERSONS bRw C-Aw'iNr E-A"Pmtltr BENEFITING 941aaavl O-CrtiaWtir Denton ane Denton County IC0,000 rat•rcrPr•P ateJKt,. 21. PROPOSED FUNDING) U. CONGA ESSIONAL CAST RICTS OP: IS. TVPE OF CHAIN DI IPO'Jae er Jaq Arreamr De111N f-qW IsIMeiJrl l ~Q~- r-- - FTD[ItAI f Ly e. tI1Ut WI - 1. PROTECT rumor Odin C-IAImr Doran" rrnl W/ll -2~OSb D7 ___•__~4 04Wrr OVnIr a. STATE C9 IC. P69JECT St ART 37, PROJECT E-C+nnl'tul. C.,TE Yeae wa•+t&V DERATION A Iekr arra. 1 n Me.l Lr Priak 4errfel _3 a. OTACR _ to 16, FSTIVAT!D DATE TO rea. wa•tA 4r to. FAISTINO FEC ERAL IDENTIFICATION MVMO[R PE suk MITT [D O 4. TOTAL f °24~ .M _ -I_OFRA. A6_h CT 10 11 I Q4._ $-nnfi ar, 51 -T m FEDERAL AcrsCr 10 F!cr 1-F k(7VT+i Ci1F. SlaIi lop t•~a) Airports V on, [L REMARKS AOO[D federal Aviation Administrati(r, `,-)x 1651, Ft. Worth, TX 76101 Q YIN E3 me SL aTADt Wt ,I r, ln. '•dpVf %w7,f,V 1. 1 • ,rmd h Miff near A•Is WO trCLaUU w w1elRad, hector r I. Nare• r•e}eCw Gh 4e e•H;e'Itlts'hl; I .I L,' en rKnll.de ta•re.R, L' NYapraa vwiacm6re tM all mperer are aradad, rrorea YYrAat TNL 111111 In• 'Ad wm1, w 191':.0et ate Wn AY►LIC'NT ii aWhwlred of in Sawn: I sd! Ii C[A71FK9 's• 01101 MIT WE t1• Ig"'ent *;if to I ~ (l) ❑ r~ TWAT 0- ■'it1 Me etkched er-r"Cee If the meet- EXEMPT ❑ u ear it p•CwadUI_ C) ❑ TTPID ILAIL MO ll TLf _ 1. SILRATYRt - a ENtt SISRED CERTIFYING Year m*aa clew Atfi Bill Angelo, Asst. Director U NTATIVE 9-~~ 24. AGENCY PfAME ?ION K1G• rr 0@44 de'I _ RECEIVED it 2L ORG.ANrLITIONAI UNIT 27. ADMINISIRATIYE OFFICI 211. Ffi APPLICATION 2!. ADDRESS flS FEDERAL GRANT IDENTIFICATION SS. ACTION TAAEN 17• IUNDI+tO rear Ai der M Year e,#%Lh dew STARTING (7 a AVAADED e. FEDERAL S to 11. ACTION CATER- 19 DATE it Q S rLICTED \ APPLICANT 09 15. CONTACT FOR ADDIT ONAL INFORM.A• SS. rear wntA dew TION We", dad 1..&PAO 911101 "DtNO (7 a RDWACD FOR I. STAR .OD DATE IF AREIOBINT 9. LOfJl .DO 17. ADIARKS ADDED 0 d. D[PTARED OTYEA DD STTRDAAwR r. 11VAE s DO Q r_M flNe f7 BR t. IT Iii 110w ad,ii aat t•wmwl& rKal,r hna tlrrln Nutty e.we re. 4 ILDEAAl ACCNCT A-95 OFFICIAL dared It IerCT rwaenr Is /W crow Irw stwew to M E. CKS QnN MS, lNav eat talet►aat er.l FEDERAL AGENCY A Iw Ire V Is wait node. Ms ACTION d2.-1oE STANDA110 FORM 424t PA" 1 (10-710 P,reer" Oe ClA, red" ?daea/ewaea C*Ciw tH DEPARTMENT Of TRANSPORTATION. FEDERAL AVIATION ADMINIIITRATIOH ar'11 No IPeO'IU PART II PROJECT APPROVAL INFORMATION SECTION A Item I. Does this assistance request require State, local, Nome of Governing Body - regional, or other priority roting? Priority Rating Yes X No item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board - Yes x No (Attach Documentation) Item 3. Does this assistance request require cleoringhouse review (Attach Comments) in accordance with OMB Circular A•95? Yes X -No Item d. Does this ossiaance request require State, local, Name of Approving Agency regional or other planning opprovjl? Dote --Yes X No Item 5. Is the proposed project covered by an approved Check one: State comprehensive pion? Local Regional ~j Yes .__X No Location of pion Item 6. Will the assistance requested serve a Federal Name of Federal Installation _ installation? Yes X No Federal Population baiefiting from Project _ Item 7. Will the assistonce requested be on Federal land Name of Federal Installation or installation, Location of Federal Land - ___Yes x -No Percent of Project Item 8. Will the assistance requested hove an impact or effect See instruction for additional information to he on she environment? provided. -_Yes X _-No Item 9. Number of: Will the ossistance requested cause the displacemerl of V'dividuals individuals families, bus'nesses, or farms? Families Businesses Yes % No Forms _ Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pendi.-g, or anticipated? provided. -Yes x No FAA Form S, j-100 Se 7l0 SUPERSEDES FAA FORM 1110109 FAGEI I THRU 7 Page 2 I{1~ 1 E DEPARTMENT OF TRANSPORTATION - FEDERAL AY IATION ADMINISTRATION OMB NO 040MO PART II • SECTION C (FECTION H OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use.-The Sponsor has taken the fullowing action- to assure compatible usagr of land adjacent to or in the vicinity of the airport: 1. Airport height zoning ordinances 2. Noise compatibility and compatible land use plans 3. City annexation programs 4. Commercial zoning around airport 2. Defaults.-The Sponsor i± not in default on any obligation tc• the United Stater or any agency of the United Statrs Golern• ment relative to the deselopment, operation or maintenance of and airport, except as stated herewith: None 3. Possible Disabilities.-There are no facts or circum-Lnre- (including the existenre of effecthe or proposed lease, use agreements or other legal in~lrumrnts affecting u-e of the Airport or the existence of pending litigation or other legal proctedin which in reasonable psobabilih might make it impossible for the Sponsor to carry out and complete the Proe(l or Carr) out the provisions of Part 1 of this Application, either by limiting its legal or financial Abiliiy or uth o%ise. except a- foilowsr None I I I d. Land.-{a) The Sponsor holds the following propery interest in the following area= of land' which are to be dc%eloped or used as part of or in connection with the :Vrport. >ubject to the follol,ing exceptions, rnrumbrintrs. and adsrtsr interests. all of which areas are identified or. the 9 - propertl map designated as Exhibit " V attached hereto: Parcels 1, 2, 3, 4, 5, 6, C and D - Fee simple title *Store character of property interest in each area and list andidenfsfr for each all exceptions,encumbranres.and adrerseinferesls of every kind and nature, including liens, easen.enis, leases, etc. The separate areas of land need only be id•nt Pied here br the aren numbers shown on the properly map. FAA Form SIDO-100 total Page 3a DEPARTMENT OF TRANSPORTATION - f EDERAL AVIATI 7N ADMIN • TRATrON OMB NO. C4 R0709 PART II • SECTION C (Continued The Sponsor further certifies that the above is bated on a title examination In a qualified allorne% or title compan% and that such attorney or title company has determined that the Sponsor holds the above property inlere,ls. (b) The Sponsor w'II acquire within a reasonable time, but in an% e%ent prior to the start of am construction wort, under the Projecl, the following properh interest in the following areas of land' on which such con•tructinn work is to be perforrued. H of which areas are ident,fie on the aforementioned property map designated ac Exhibit "A": None (6 The Sponsor will acquire within a reasonable time. and if fra•ible prior to the completion of all construction work under the Project, the following property interest in the following area. of land" which are to be developed or used as part of-pr in connection with the kirporl as it will be upon completion of the Project, all of which areas are identifi,d on the aforementioned properh map designated as ExhiLit "A None 5. Exclusive Rights.-There is no grant of an exclusive right for the conduct of my aeronautical scthity at any airport owned or controlled by the sponsor except as follows: None 'Stare character of property interest in each area and list and idenlif) for each all exceptions, enrumb inces, and adrrr.'e intnests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need oalT be idevified here by the area numbers shown on the property map. FAA Form 6100-100 (446) Papa 3b 1110111111111111111 DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMrNiSTRATION PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL J 1. Federal Domestic Assistance Coroloq No.:::::: ; ; 20.106 fl 2• Functional or Other Breakout SECTION B - CALCULATION OF FEDERAL GRANT Use only la n.it ion, Total Coo Clossilicat.on Amounr Lott App.c.sd Adivstmsnt Reanad Amount • or l k 1. Ad imsuatior expense S S S 500 E 2. Pre: i,inary expense 3. Lay d,s'ructures, right-ol-way 4. Archileclural engineering basic fees 13,000 5. Other archileclural engineering fees . Project lnspecOonfees 6,000 76. Land development 8. Relocation Expenses 9. Setrcation payments to Inolwduals anG Businesses 10, Demolition and removal 11. Construction and project improvement 4-7911128 12. Equipment 13. Misceltaneous 14. Total (Lines 1 through 13) 498,628 15 Estimated Income (1f applicable) 16. Net Project Amount (Lire 14 minus 1S) 498,628 11. Less: Ineligible EACIUSUS 18. Add: Contingencies 2-1,92-8- 19. Total Prrject Amt. (Excluding Rehabilitation Grants) 520,556 N. f!derb' Share iepuesled of Line 19 468 500 21. Add Rehabilitation Grads Requested (100 Percent) 22. Total Federal grant requested (Lines 20 3 21) 468,500 B. Grantee share 52 056 24. Other shares 25. Total project(Lire s2z 23 & 24) f S it 520,556 FAA. Fenn 6100•km is vii SVFErttiEDES FAA FOAM $100.10 FADEf 1 TNRV 7 Pogo 4 DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMIHISTRATION Q.a 40 10 x'111 SECTION C - EXCLUSIONS ClracrfkMien Ina6piblr (w Eacr„drd bom Fwlic ipw, ion cam'nlrncr a.e.nion Zd (11 121 s $ b. C. d. r. 1. y. Total$ 1 s SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 21. Grantee Shale S a. Securities D. witgages c. Appropriations (By Applicant) d. Bonds 52,056 e. Tar Levies Non Cash g. Other (Explain) h. TOTAL - Grantec share 52,056 28. Other Shares a. State D. Other c. Total Other Shares 29. TOTAL S 52,056 SECTION E - REMARKS .or Part IV, Proaram Narrative, see Preapplication PART IV PkOGRAM NARRATIVE (Attach - See Instructions) FM Form 5100•TD9 (6-71) aUPER1E0E11 IAA FORM 1100.10 PAOE1 1 THnu T Page 5 PART V ASSURANCES (For Development Projects) These ai,ursr,.es shall resain in full force and effect throughout the useful life of the facilities de eloped under this project, but in any event not to exceed twenty (20) years from the date of said acceptance S an offer Of Federal aid for the project. However, these lialtations on the duration of the covenants do not ap,ly to the covenant against exclusive rights and real property acquired with Federal funds. The sponsor hereby assures and certifies, with respect to the grant applied for in this Application. that: 1. General Federal Pegllrements. It will comply with thu follovirg laws, regvlations, policies, guidelines, and requirements ■s they relate t , the application, acceptance, and use of Federal funds for this project; Federal Leelsletion a. Federal Aviation hot of 1958 b. Hatch Act C. Federal Fair Labor Standards Act d. Davis-Bacon Act e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III f. National Historic Preservation Act of 1966 - Section 106 g. Archeological and Historic Preservation Act of 1966 h. Flood Distater Protection Act of 1973 - Section ' u) I. Rehabilitation Act of +.03 - Section 504, Slott, 303 J. Civil Rights Act of 1964 - Title VI k. Aviation Safety and Noise Abatement Act of 1979 1. Age Discrimination Act of 1975 m. Architectural Barriers Act of 1968 A. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402 o. Airport and Airway Improvement Act of 1982 p. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 r Federal Regulation a. 49 CFA Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 b. 49 CPR Part 23 - Participation by Minority business Enterprise in Department of Transport'.tion Programs c. 49 CFA Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance d. 41 CFO Part 60 - Office of Federal contract compliance Programs, Equal Employment Opportunity, Department o' Labor (Federal and Federally Assisted contracting Requirements, Including those Relating to Disabled Veterans and Veterans of the Vietnam Era and Handicapped Yorkers) e. 14 CFR Art 150 - Airport Noise Compatibility Planning Office of Management and Budget Circulars 1-95 - Evaluation, Review and Coordination of Federal and Federally AsslsteJ Programs and irojects D. A-102 - Uniform Requirements for Assistance to State and Local Governments e. FMC-74-4 - Cost Principles ApplidaDle to Grants and Contracts with State and Local Governments Executive Orders a. 1:246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting D. 115)3 - Historic Preservation c. 11288 - Prevention, Control, and Abatement of Water Pollution d. 11926 - Evaluation ^f Flood Hazards 2. Consistency with Local Plans. The project to reaso Ably aaaaistent w16h plans (existing at the time of P,)provel of the project) of public agencies authorized by the state in which such airport is located to plan for the development of the area surrounding the airport and will contribute to the accomplishment of the purposes of the act. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs Which are not to be paid by the United States and sufficient funds,to assuM operation and maintenance of the facility for the purposes constiveted. 4. Authority of Sponsor. It has legal authority to apply for the grant, and to finance and construct the Proposed teillties; that a resolution, motion, or $Lollar action has boon duly adopted or passed as an official act of the applicant's governing body, authorising the filing of the application, includlag all understandings and assurances contained therein, and dirsating and authorising the person identified as the ►AA Farr 5100-100 (11-82) Development Page 6 Official representative of the applicant to met in connection with the application and to provide such additional information as my be required. 5. Good Title to Airport. It holds good tit.a, satisfactory to the Secretary, to the lending area of the sirpor, or site therefor, or will give assurance satisfactory to the Secretary that good title will be acquired. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in ..r near which the project say be located. 7. Public Hesrlnzs. In projects involving the location of an airport, an .irport runway, or a major runway, exteralon, It has afforded the opportunity for public hearings for the purpose of considering nee economic, social, and environmental effects or the airport or runway location and its conalstexy with the goals and objectives of such planning ■s has been carried out by the community and shall, when requested by the Secretary, submit ■ c^py of the transcript to the Secretary. 8. Air and Water Quality Standards. In projects involving airport location, ■ major runway extension, or runway location, it will provide for the Governor of toe state in which the project is located to certify in writing to the Secrets- that the project will be located, designed, constructed, and operated so as to Comply with applicable sir and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards lave been promulgated by the Administrator of the Environmental Protection Agency, certification stall be obtained from such Administrator. Notice or certification or refusal to certify shall be provided within sixty (60) days after the project application has been received by the Secrmtary. 9. Economic Nondiscrimination. It will ask* its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical uses including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which asks similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo '.lights or all cargo flights, and such classification or atitus as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already Imposed on tenant sir carriers, and (9) each fixed-base operator at any airport shall be subject to the sue rates, fees, rentals, and other charges as are uniformly applicable to all other Axed-base operators asking the we or similar uses of such airport utilising the same or similar facilities, and (C) each air carrier using such airport shall have the right to service itself or to use any fixed-base operator that is authorised by the airport ur permitted by the airport to serve ■ny air carrier at such airport, and (D) that in any agreement, contract, lease or other ■rr" emeht under which ■ right or privilege at the airport Ss grsnNd to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the sponsor will insert ■nd enforce provisions requiring the eontrsctor~- (1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) to charge fair, rear.-Able, ■nd not unjustly discriminatory prices for each unit or service; provided, that the Contractor my be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (E) that it will not exercise or grant say right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on Its own aircraft with its own employees (including, but not limited to Maintenance and repair) that It may choose to perform, and (F) in the event the sponsor itself exercises say of the rights and privileges referred to in this assurance, the services involved will be provided on the Mae Conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. Frcvided, that the sponsor my establish such fair, equal, and not anjustly discriminatory conditions to be set by all users of the airport as say be seoeacary for the sefs and efficient operation of the airport; ■nd provided further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport or necessary to service the civil aviation coeds of the public. 10. &elusive Nights. It will permit no exclusive right for the use of the ■irport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-bass operator ,ball not be construed as an exclusive right If both of the following apply: (1) It would be unreasonably costly, burdensome, or Impractical for More than one fixed-base operator to Provide such services; and (2) If allowing sore than one fixed-basin operator to provide such services would require the reduction of space lammed pursuant to an existing agreement between such single fixed-bass operator end such airport. It further agrees that it will not, either directly or Indireotly, grant or permit any person, firm, or Corporation the esalualve right at the airport, or at soy other airport now owned or controlled by it, to conduct any aeronautical sott" sass, including but not limited to Charter flights, pilot training, alrcrsft FAA Form 5100-100 (11-02) Development Fago 7 rental and aightaesing, serial photography, crop dusting. aerial advertising and surveying, sir carrier operations, &import sales and services, 8414 of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation or aircraft orn be regarded as on aeronautical activity, and that it will terminate ■ry exclusive right to conduct an aeronautical activity now existing at suer ■n airport before the grant of any assistance under the Airport and Airway Improvement Act. 11. Airport operation and Maintenance. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards as may be required or proscribed by the applicable federal, state, and local agencloi for the maintenance and operation, the airport and all feoilittes which ere necessary to serve the eeronoutleal users of the airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for eirport purposes; provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere With such operation and maintenance; end provided fur.her, that nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility welch is substantially damaged or destroyed dw to an act of Cod or other condition or circumstances beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in effect at all times arrangements for- a. Operating the airport's aeronautical facilities whenever required; b. Promptly marking and lighting hatards resulting from alrpcrt conditions, including temporary conditions; and Promptly notifying airmen of any condition affecting aeronautical use of the airport. 12. lbzard Aeeoval u d Kitiaation. It will adequately clear and protest the aerial approaches to the airport by removing, lowering, relocating, mar►.,g, or lighting or otherwise vltiRating existing airport hazards and by preventing the establishment or creatlon of future airport hazard:. 13. Compatible Land Use. It will take appropriate action, including toe adoption of aching lays, to the extent reasonable, to restrict the use of land adjacent to or in the imedists vicinity of the airport to .etlvitles and purposes compatible wives normal airport operations, includlrg landing and takeoff or aircraft. lb. Use by Governmant Aircraft. It will make available all of the fnoilitles of the airport developed with Federal financial assistance and all those usable for landing are: takeoff of aircraft to the United States for use by Goternment aircraft In eoommon with other aircraft at all times without cbarge. except, if the use by Mverneent aircraft 16 substantial, ebarte may a made for a reasonable share, proportional to Such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or ttherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations or such aircraft are in excess of those which, in the opinI,n of the Secretary, would unduly interfere with use of the landing areas by other auttoriaed aircraft, or dur.ng any Calendar month that.. a. Five M or more Government aircraft are regularly based at the airport or on land adjacent ' 1reto; or b. The total number of movements (counting each landing as a movement) of Goverment aircraft is 'uo or more, or the grew accumulative weight of Goverment aircraft using the airport (the total movements of 00vsrement aircraft multiplied by groom weights of such aircraft) is in excess of five million pounds. 15. [icd for Federal Facilities. It will furnish without cost to the Federal Goverment for construction, operation and maintenance of fsoilities for, and uses in oomootion with, any air traffic control or air naCgetion activities, or weather reporting and communication activities related to air traffic control, any area of land or water., or estate therein, or rights In bulldinga of the ai~onsor as the Secretary considers necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such a»sa or any portion •~heroof will be made available as provided herein VIM.% t moothm after receipt of srittei IeQueits from the SeorMLsry. ' If. Standard ACCOUntihc SyatNa. It will keep all, projeat accounts And records in accordance with a standard system of accounting prsaCMbad by tae Secrotery. 17. Tee And Rental ;trUcture. It L411 matatain a fee and natal structure for the facilities and services being provided the airport users which will Bake the airport am'self-eustalning as possible under the circumstances existing at that particular airport, takicg into account such faotors am the volume of traffic and economy of dollection, except that oo part of t0a Federal share of to Airport development or airport planning project for which a grant is made under this title or under the federal Airport Act or the Airport and Airway Development Ant of 1970 shall be included In the rate bees in establishing fees, ratio, and Charges for users of that airport. FAA Fora 5100-100 (11-82) Development F%gs 8 18. Reports and InVeetions. It will submit to the Secretary such annual or special airport financial and opera- tions reports as the Secretary may reaSOnably request and will make the airport and all airport records and docuwnts affecti", toe airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for Inspection by any duly authorised agent of the Secretary upon reasonable request. 19. Airoort Rav!nuo. It will expand all revenues generated by the airport, if it Is a public airport, for the capital or oporatlng costa of the airport, the local airport system, or other local facilities which art owned or operated by the owner or operator of the airport and directly related to the actual transportation of pass, igers or property: prorSded. newer, that if covenants or assurances In debt obligations previously Seiwd by the owner or operator or the al:-,Art, or provisions in governing stw..tes controlling the owner or operator's financing, provide for the We df the revenues from any of the airport owner or operator'e facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, thou this limitation on the we of all other revenues generated by the airpdr•t shall not apply. 20. Consultation with Users. In making a decision to undertake any airport down lopeent project under this title, It will undertake reasonable consultations with affected parties using the airport at which the project is proposed. 21. Terminal Derelo meat Prerequisites. For projects which Include terminal development, it has, on the date of submittal of the project grant application, all trio safety equipment required for certification of such airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has prodded for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 22. Construction Inspection and Approval. It will subject the construction work on any project for airport developeent contained in an approved project grant application to inspection and approval by the Secretary, and such work will be In accordance with regulations and procedures proscribed by the Secretary. Such regulations and procedures will require such cost and progress reporting by the sponsor or sponsors of such project am the Secretary shall does Accessary. 23. Xinimus Vase Pates. It will include, in all contracts In excess of $2,000 for work on projects for airport development approved under this title which Involve labor, provisions estab11shl.rg minimum rates of wages, to be predetermined by the Secretary of )A tor, in accordance with the Dads-Bacon Act, as emended (40 U.S.C. 276a»276a-5), which contractors shall pay to skilled and unskilled labor, and such ainlaus ratan will be stat.d in the invitation for bids and will be included in proposals or bids for the worw. 24. Veterans Preference. It will include, in all contracts for work under project-grants for airport development which involve labor, such provisions as are aocsssary to ensure that. In the employment of labor (except in executive, administrative, and supervisory positions), preference will be given to veterans of the Vietnam are and disabled veterans as defined In Section 515(c)(1) and (2) of the act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 25. Audits and Recordkeaping Feeut.-eadnts. It will keep nuc5 records AS the Secretary nay prescribe, including rocotrs which fully disclose the amouct and the disposition by the recipient of the proceeds of the grant, the total cost of the plan or program is oonnection with which the grant Is given or used, and the amount and nature of that portion of the cost of the plan or program supplied by other sources, Sal such other records as will facilitate an effective audit and it shall make available to the Secretary and the Comptroller General of the United Statee, or any of their duly auMorlsod representatives, for the purpose of audit and exami•ation, any books, docinments, papers, and records of the recipient that are pertinent to grants receive! under this title. The Secretary may require that an appropriate audit be eonduoted by a recipient. 26. Audit FlRorts. In any came in which so independent audit is made of its accounts relating , to the disposition of the proceeds of a grant or relating to the plan or program In ocnneetion with which the (rant was given or used, it will file a certified copy or such audit with the Comptroller Central of the United States not later than 6 months followiag the close of fiscal year for which the audit was made. 27. Civil Rlahts. It will comply with suet rules an arc p. lgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, PCs, or handicap be excluded from participating in any activity conducted with or benefiting from Funds received from this grant. 28. Airport layout Plan. It will keep up to date at all Iisee ari airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries or all ofrolts arms$ owned or coatrollel by too sponsor for airport purposes Sad proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (ajoh as runways, taiways, aprons, terminal buildings, hangars and roads), including all proposed esteneloes and redactions of existing airport facilities, and (3) the location of all emitting and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plea, and each ma 5dmeot, red :inn, or modification thereof, shall be subject to the approval of the Secretary which approval shall it evidenced try the signature of a duly autboriaed representative of the Secretary on the face of the airport 1s/out plan. Tht sponsor will not make or permit any changes or alterations in the airport or is say of its facilities other than in conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might adversely affect the safety, utility, or efficiency or ins airport. FAA Fors 5100-100 (11-02) Developseot Page 9 29. Preserving Airport Rights and Powers. It will not enter into any transaction which would perate to deprive It of any of the rights and powers necessary to perform any or all of the assurances herai without the written approval of the Secretary, and will act to acQoire, extinguish cr modify ■ny outst,nding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. It will not dlspese of or eneumbor its title cr other interests in the site and facilities during the period of Federal interer' While the Government holds bonds, whichever is the longer. The obligation to perform all such covenants . y be assumed Ly another public vgency found by the Secretary to be eligible under the act to easame such obligations aml having the power, authority, and financial reaources to carry out all such obligations. Ir an arrangement ir• made for management or operation of the airport by any agency or person other than the sponsor or an emplcyee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will De operated and maintained in accordance with the act, the regulations, and thess covenants. 30. Construction Acecaplishment. It will execute the project in accordance With plans, specifications, and schedules as approved by the Secretary, end incorporated herein, or with modiflcstions similarly approved, and will provide and maintain competent technical supervision at the construction site to assure that completed work Conforms With tl, approved plans ■nd specifications. FAA Form 5100-1P0 (11-82) Development Page 10 O u (C J ¢ Q V ~ gis J ~ g a W : ~ (dam £ (Lo- 0. HJ Cc ' Q• } a a o 1 Q, N I `q N Q o_ • ~ a. a y d r "l SQ { e ~ ~ ~t N~ 4 II ~G 11 ~ J ~ v W J R • V jW Y R l I I r J W V LJ N Q I a , STANDARD DOT TITLE VI ASSURANCES The City of Denton Texas (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d at seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the 'Regulations") to the and that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. without limiting the above general assurance, the Sponsor agrees concerning Project No. 3-6R-nn67-01(hereinafter referred to as the Project) that: 1. Each 'program' and 'facility" (as defined in Sections 21.23(e) and 21.23(b) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the following notification in all solicitations for bids issued in connection with the Project and in adapted form in all proposals for negotiated agreements: The City of Denton Texas , in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004 eta and 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transport&tion, hereby notifies all bidders that it will affirmatively assure that minority business enterprises are afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. Where Federal financial, assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connect Lon therewith. 5. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurarce shall extend to rights to space on, over, or under such property. 6. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, Page 1 leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal fira•-icisl assistance under this Project. 7. This assurance obligates the Sponsor for the period during which Fet4eral financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real F•>I-•rty or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financiai assistance is extended, or for another purpose involving the provision of similar services or be.~fits or (b) the period during which the Sponsor retains ownership or possession of the property. 8. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal finan-tal assistance under such program will comply with all requirements imposed or pursv:.*.t to the Act, the Regulations, and this assurance. 9. It agrees that the United States. has a right to seek judicial enforcement with regard to any natter arising under the act, the Regulations, and this a83urancc . THIS ASSURANCE is given in consideration of for the purpose of oStaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and ether participants in the Project. The person or persons whose cignatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED 9/// Aq THE CITY OF DENTON, TEXAS (Sponsor) By (Signature of Au orized Official) Attachments 1 and 2 Page 2 CONTRACI0R CONTRACTUAL REQUIREMENTS ATTACY'.ENT 1 TO STANDARD DOT TITLE YI ASSURANCE During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrers as follow: 1. Compliance with Regulations. The contractor shall comply with the Pegulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference al.d made a part or this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, Including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the disc.^iminatio.. prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In ill solicitations either by competitive bidding or negotation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obliga- tions under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Peports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who rails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event or the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limi'ed to-- a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Ca ncellaticn, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 rirough 5 in every subcontract, including procurements of materials and leases of equipment, unless ecempt by the Pegulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means o` enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (11-A2) l CLAUSES FOR DEEDS LICENSES LEASES PERMITS OR SIMILAR INSTRUMENTS AWAMMENT 2 to STANDARD DOT TITLE VI ASSURANCES The following clauses shall be included in deeds, licensee, leases, permits, or similar instruments entered into by the City of Denton Texas pursuant to the provisions of Assurances 6 (a) and 6 (b). 1. The (grantee, licensee, lessee, peraltee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add was a covenant running with the land`) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for ancther purpose Involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.i shall maintain and operate s ar:h facilities and services in compliance with all other requirements imposed pursuant to 49 CrR Part 21, Nondiscrimination in rederally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add *as a covenant running with the land') tha te (1) no person on the grounds of race, color, or national origin shall be excluded from par- ticipation in, denied the benefits of, or be ctherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, 9r otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises In, compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in rederally Assisted Programs of the Department of Transportation, and as said Regulations ■ay be amended. al-s~) EMMA w 11Fa. rn a.MOn J P ~urn.,.,nn \ M E' EM." Hu,lm,n C L V BO L1.1 SR l• DISOh" r,.rN fir, FILTH IRS FOtd 0r,, M tr..nn,,, ~~UFFM.AN N ~~AJ'VY~~111wa11.Y~~~lJ' I~.u~/`JL~i,`1Z r.lu lff~r. DEAL, GO.I '4Ar 701 LaMar. wlc bile E■Ila. Tonal 74101_Pa ■n e: 817-723-7111 This is to Certify. that policies in the name of f FAtkins Bros. Equipment Co., Inc. ~ Re: Bid #9323 URED R.W. Atkins, Inc. L R.4+'. Atkin„ Inc. and 913 1';, Marshall DRESS Grand Prairie, Texas 76060 L_ J are In force at the dale Woof, as lallows: i KINOOFINSURANCE POLICY NUMBER POLICY LIMITS OF LIABILIrY j PERIOD COCILY iN,L RV PROPERTY DAMAGE I i WORKMEN'S Ell. 12-6-53` Pr C. k.d C7 Y:OrE-+.~n'a 1 COMPENSATION WC.. 30 ! 52 77 NIL E,~. I2-b• E4 Crxnp.rax:ontar-s*,,.a ; EMPLOYERS LIABILITY LrM1T I i CONIMEMENWE Elf. 4-30-84 1 300 ,000Eachoau,nrc■ / 100 .000Eaahoocurrerco I. GENERAL LIABILI rr GA1 45 O8 O2 ErP. 4_30-35 3 300 .0MAOOre04:0 f 101) ooo ApOrera!a IAAN'LWArTUPERS' AND GAI $5 08 02 Ell. 4-30-84 $ 300 .')oc Eac>wl n f 100 COO Ebc. =urrana CONTRACTORS LIABILITY E•; 4-30-85 f 300 DOOE■:h=wifv f 100 .000 Aogrogara i OWNERS%LANDLORDS' Ell 3 .000 Each Lwson 1 ,000 Each asurtence I aTENANTS' LIAB!OTY Era S .000 E a_h■ccu items 1 OCC AO y egat■ CONTRACTUAL ELI. 4-30-84 1 300 ODCEach caraon S 101) ,000Ebcf~owurrvv:e ~ uAelusr GA1 45 03 OZ Era 4-30-85 a OX Etnoccu vc. It 100 '000 AOgrrva AUTOMOBILE LIABILITY Or 4d Aww'Ob.1" ELI. 1 rM Each Canon t 0COO E■ct acck:anl t Mrea Au'a Ara Er7. f ,0Q7 Each accia.~t i No OrMC Aulo,-ot) Iw V r i C(WPREMENSIVE AUTO. Err A 10-84 S 250 0OOP Each rvaon 1 100 ,0MEacnrcurranc, j M SILELIADILITY GAI 45 08 02 E,o 1-85 3 500 ,maEecl,a<urrerc. Commercial OTHER lla XS 01 04 00 e° 5-9-8; $1,000,000.00 Umbre vteeti % e -I-rsb ' ty - Bout, 77 4 9,11 IQQFIOQ 111 S109419 5 nil n D In the event at cancellation of said policies or If reduction in the llnlh of liability, Ihq, com irfy -f %ndealror to give written notice to the party to whom this certificate la Issued, but WWI$ to give such notice shall Impose no obtigation or liability upon the company. "CANAL INSURANCE COMPANY 9-_26-84 HOME INDEMNITY COMPANti• OAItD COMPANY fSn1c}_Fc~r_h_cr_t_!_un•Iluffman h Cral (•,o. AGf NCY CERTIFICATE ISSUED T0: 11115 CERTIFICATE OF INSURAIJCE J R~ City of Denton Nn'AI 90I-B Texas Street AFFIIIMATIVELYNORNEGATIVELY AMENDS. CAUNDS011At.TEfISTIIECt)VE11AGEAFF04Dfr1 "uIII~rE,., Denton, Texas 76201 RYAf4Y$'OLIC.YDESCF11RroIiEREtN l ATTN: John J. Marshall, CIhI I W B Feah4elan '~T J fl Ia„nnpnn ~OLL1 S.F. .n C L U R G Ban" Frerae Ra:1 Mrbn ' HUFF~4AN ` ~D EA L. 10. 707 some r, wit little Faille. Teaaia 76101_11"hen1: 611-7]7.7111 E i This i$ to Certify, that policies in the name of , f Atkins Bros. Equipment Go., Inc. ~ Re: Laid #9328 LUREo R.W. Atkins, Inc. d 11.47. Atkins, Inc. l •n'j 918 414'. Marshall RFS; Grand Prairie, Texas 76060 i L J ~ are to force a the date hereof, as lollows: _ I r KIND OF INSURANCE PJLICYNUMBER POLICY WITS OF LIABILITY PERIOD eDDIIY IN;URr 'RCPEATY DAMAGE t VVORKMEN'S En. 12-6-83i Pralded Or vrxlmen'/ j GOVIPENSATION WC1 30 52 77 E,P . 12-6-64 Co`%Wi3.oh Laer-511:600 NIL I EMPLOYERS LIA01Llry LIMIT, i COMPPEHEIll Elf 4-30-84 a 300 OW Eachcfnrrarp a 100 ooo Each=u"o,,s GENERAL LABILITY GAI 45 03 02 E,P 4-30-85 1 300 .000 A9919061e a 100 .=AOorega•e l r. IANUFACTUPERS'AYD EN. 4-30-84 1 300 Aoo Eachpff n S 100 ooo Earn occurrure co>rTRAGTDPSUAeIUrY GA1 45 ( 02 E.o 4-30-85 a 300 ,000Exh0murrance 1 JOG .000AOgrgale i' - i. OWNUM'. LANDLOPOV Elf. S ,J00 Each FeI 1 .000 Each 0ccurrarKe I aTENANTSLIAB!LITY E.a 7 000EatPOCUrrainp 1 .000AOOregets 0ONTRACTUAL Elf. 4-30-84 a 300 SOX Each Faraon a 100 ,000 Ear h occurrence UAIII GA1 45 08 02 E.P 4-30-85 a .000 Exhc "area t 100 .000 Apwair,ale I I• AUTOMOBILE LIASILIrY Overlaid Autorvirl lw Elf, a ,000 Ell PaI S ,000 Exh arci I Hired AulomO:Jfn E.;, a ,000 Eacha Idlnl Ny.Or.fvq A utomcbl Ip I _ r i COMPRE HE NSIVE AUTO Elf, 4-30-84 a 250 ,0(00 Each w3cn a 100 .000 Each xrurrer" j MOSILEL1Ael LIrY GAI 45 08 02 E.~ 4-30-65 1 500 .ooeExnOrsurr.nce Ommerc to OTHER XS 01 04 00 Ell, 9-9-84 $1,000,000.00 Umbrella E.p 9-9-85 7 B D in the event or cencellatlon of sold po~kin or a reductlon In the limits of Ilablllly, the ccm oriy VA%ndeevor Io give written notice 10 the party to whom Ihta certillcele Is Issued, but failure to give such notice shall Impose no obligation or liability upon the company. *CANAL INSURANCE COMPANY 9-26-84 IIOSIh INDEMNITY COMPANY DAtFO COMPANY Rolcy_Fcnrt•rrston:ffu((mxn be Dal G). AGR.CY ff~ CERTIFICATE ISSUED TO'. n. f City of Denton \ I 1HISf,FRTIfiCATEOFINit1RANf,E 4 R AF FIItMATIVELYNORNECA'riVFLYANIENOS. hiA•AI 901-5 Texas Street • TfNOS Olt At TLRS riiE CO%'E;IA(iE AFFOHDID A1i1 I'0„ Denton, 'Texas 76201 IIV ANY POLICY DI'ScHIII HEIIWN ~ A•f'I•N: John J. Marshall, CTM ri 9 i.,rn a,.ron J P 7u1n,•, rnn \BOL i r~ , 7 M E GAO.... ,r„n,.y n. C L V ~ 5r... D..~ F r R "Bon" IF r ,ra. \.R FATHERSryoN .4l ~HUFFMAN A„s ? Jus JAm~waa lliflau E ~DALe CO. 10, ,/w"~ \ 701 Lamar. fil Nl 11 faue, TO' 99 76701_/A.n.: el 1_773.7111 ~ Tt.Il is to Certify, that policies in the name of f Atkins Bros. Equipr:jent Co., Inc. Re: Sid 119328 :URED R.W. Atkins, Inc. & R.W. Atkins, Inc. 4" 918 W. Marshall ' nissLGrand Prairic, Texas 76060 J i !i arc In fora at the deb howl, as follows. t KIND OF INSURANCE POLICY NUMBER POLICY Lill OF LIABILITY PERIOD CJGLY INJURY PROa£RrYOAMAGE k WORKMEN S En. 12-6-83 Pr n'.e.a tT V. GOMFENSATION WCl 30 52 77 E,p. 12-b-e-i c011P"''•6Dn1a"-5110' NrL EMPLOYERS LIA81LITY LrMIT. , C(MPREHENSlvE G AI 45 OB O2 E' 4-30-89 s 300 .OOO Eacho¢u=ran r. s 100 ,000 Eee, ow,,amo GENERAL LIABILITY 1 4-30-85 a 300 ,~AOar~c+ra 1 100 ooo AOw~a+'~ f MANUPACTURERS'AND Ell, 4-30-84 s 300 •ox iI pancn It 100 .000 Each occur,ii CONTRACTORS' LIABILITY GAI 45 08 02 E,P ,9001 oxL,rV s 4-30-85 1 300 100 •MO ACC=•c++# CIA14 RS', LANDLORDS. Elf. ! ,000 Each Ceraon 1 ,900 EaU OCS,rtena e 6TENANTS' LIABILITY Erp s ,900 Ewll Irror s ,000 Agg,oi i CONTRACTUAL EIr, 4-30-84 S 300 X000 1 1+rk^ 1 100 .900 Each oau'renu LIABILITY GA1 45 08 02 E,a 4-30-85 It ,10% 1 pccurtence t 100 AOar.:++e , AUTOMOBILE LIABILITY Owned Aulornooles Ell. It ,000 Each parson s ,000 Each omkJsn1 Hired Aulomo'JtW Erp, s ,009 E+ch rccldml Nar*Ownad A 00ax C I1p ` C OM PRE HE NS IVE AUTO. En. 4-30-84 1 250 SEC Each te15o•1 f 100 OXEa.n Xcvrril MO91lE LIABILITY GAI 45 08 02 E,p 4-30-85 s 500 DX III=w,oma i OTHEgeres8 EIr. 9-9-84 51,000,000,00 r Umbrella XS O1 04 00 E.o 9-9-85 eeti v 30903109 $ D In the went or cancellation of said poh:us or a reduction In the simile of liability, the cam ;ray -Andearor to glue written notice to the r party to whom this cerlilicste Is Ilr;vd, but failure to gNe such nolice shall Impose no obligation or lieblhill upon the company. *CANALINSURANCE COMPANY 9_26-84 HOME INDEMNITY COMPANY OA1(0 COMPANY TU)Ic1_Featherstun_Iluffm7nDr Dcal Co. -r - AcsNCr CERTIFICATE ISSUED TO, lrr J 1H1S CFRTIFICATE AINURANCE W! ~ City of Denton AFFIRMATIVELY NOR NEGATIVELY AMENDS. I'+1 901-13 Texas Street TrNDSCH At TLRS THE COVEIlAGfi AFFORDED eui , I„ Denton, Texas 76201 BY ANY POLICY DES00RrD HEREIN i ATTN: John J. Marshall, CTAI I To: Members of Lhe Planning and Zoning Commission and the City Council of Denton, 'T'exas We, the undersigned citis:rJ.t; of Denton, clearly feQl that the need for ''moderate pi•i,.vd housing" iii East Dent= has been approved by the City Cr,•lrtr;il to tho extent that no further development of SF-6 ;ua~.es or multi-family units is desireable for our area, motet speclficali between 'cast McKinney, Ruddell, Mingo, and fxn}: 288, Our area appears to have been singled out as "th r t;•.1.ace" for trio 1' 11.vnced development" of residential lo:.. o~ inferior siz9 mired with multifamily housing. rbo t'f.ty Council h?s alxeaeT approved 5 additions consistin< <oially of, oc j_ncluds.ng SF-6 housing plus one major 0 tut line addittor, 21toao 6 additions alone will provid:; TY single fanilj horGea ov tiny lots, not to mention the multi-family mousing approved in 2 of these 6 developments. T.~ere is no need to subject the lower middle incous families of Denton to live on lot sizes of less than J000 square feet, except in some older areas of town where this already exists, 11•he privacy alluAed by lot sizes of less than 7000 square feet is almoat n.an-existent and the undeveloped are as of the city usti county of Denton are not so small that ~aassive development of SF-6 homes can be justified, otter than in terms of the money the developers will make. '1`h3 savings of 1000 square feet to future homeowners vi'l be minimal. 'The Denton Development Gut(lo states that dowoloptsent should be a "balanced Growth b,`,eon all quadvauts of tho• city." We truly hope that befo ro you approve tho English Village Addition or any other ;,t••.6 or multifamdly development in East Denton, that you will allow our area to have a proportional development of hors:: on lots of 7000 square feet and more, East Denton, also, nrnds develop74ont of middle. income family housing which can .lead to a stability and integrity of the area, We also believe that the pror,--at residanttal land owners of small to moderate-sized acres.go in the area should not be forced to give up sizeable percentages of their land for the development of collector Lireots and tb oroughfares unless no alternattve exiita. rhese :cad, would -,)t :)e need%3~i except for the large development: planned foo the area, Nbenever possible, this land E:houl.d come totally from the land of the developers, who are pvofi.ting from tine bujlding. 2 Drainage in our area is already a problem and we sincerely hope that developer., anti city engineers can handle further probleac causo(t by dovelopraent without: encroaching upon present resi - .and owners and inundating their property wits: flood waters caused by additional housing in the area,, Signed: 4* 1-3.2S aed,, A44- 6, 81 9. W* Iv' fi n Ica r 11. ~ eL~ /82 7 12: ~a~ ~rx1 _ 4IN 14. ~levtd Ken~~ ~yy U `tT,~v { {Ye Q~Qt44'2(.i 16. ln'~?2 . G~ 17. 19, ~/1a nDzc~7o L~„ra~ 3 21. 22. 23. 8~1yl~i 24- al"61 28. 32. 33. 34. /fiv 35. /nWe IV- r Dec2 T 0 31. 400 41. ~1 ~,GG+n~~ 12 45. C~V 114- 45- Of 10 47, 46. 97, 50, 63 53. ;Yy (,lJ~ / lrhw G~xO c~a S` 5510 1 5 59. A' bu. GU. ,t,Z7` /FD 7 ad bl. f\Gin ~GIT.O (~f17 l~U L~,~e 13 63.-r►- 65. ~~to ~c~~ / G2 u t~ur y n 66.7' y~~cnc c Gd / Qcc-r•~t- b7. btf. 69. \0s 09 70. NO of 73. ~~i,( 7~a9 Cl~ARdcN~eAv ff WOr~', !X 76 3/S L INDEPENDENT MNT-PACTOWS AGREEMENT THE STATE OF TEXAS ( KNOW ALr, MEN BY THESE PRESENTS: COUNTY OF DENTON ) Thy 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 , 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. 1-; 4yw"W B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 9 B. Dates of Payments: S -~01 l- S-~rw- 1// l Ca y 3. SUPERVISION AND CONTROL BY CITY: It is mutually ;.nderstood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but It is r expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All ~3yaents to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] J 5. SERVICES AND SUPPLIES TO HE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. /VIA 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the day of SP 198_Z, and end on the ~th day of 198/ EXECUTED the this day of198. CITY OF DENTON, TEXAS BY: I MANAGE ATTEST: J ? / CITY -SECRETAkY~ APPROVED AS TO LEGAL FORM C. J. TAY/LORR, JR.t CITY ATTORNEY BY: CONTRACTOR BY: That 4z !-PSA__e , is hereby designated as the person to administer the provjsion of this agree xent. DATE CITY MANAGER i INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 r r 3 4 Oq BIAS D1H~,.. Ti 7EaoS J INDEPENDENT CONTRACTOR'S AGREEMENT SsxE yb y' 3y - po s THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DEP.":ON ) The City of Denton, Texas, a Municipal. Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and CL.n.t.4 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. 1-r%-(t ywA1z 1 B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 3,99 oae Ae, B. Dates of Payments: S-v/ i - s{V{ i 911." 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. N/A 6. INSURANCE: Contractor shall provide at his own cost :.nd expense workman's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the day of Txe. , 198, and end on the _Lth day of &4 _ 1981/ EXECUTED the this day of !t' , 198_. CITY OF DENTON; TEXAS BY: 7!~ ac IT 'MANAGER ATTEST: ITY S T R APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., ~CIITY ATTORNEY BY: llg,6, ~ CONTRACTOR BY: Lf. That //-r , is hereby designated as the person to administer the provision of this agreement. ' ' lu DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 /;~0. /~ok Sq ~3 N, %S, u. INDEPENDENT CONTRACTOR'S AGREEMENT ~-06-~3Sy 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 i wi .sCy , 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. LtreiiAel B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 3.9 4 PAR h,e. B. Dates of Payments: 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to t':e 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 j the City Council for such purposes in the Budnet of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. N1A 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. CANCEr,LATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the day of -*2L-- ► 198 , and end on the L th day of198y EXECUTED the this , '1' day of 198 : CITY OF DENTON, TEXAS a - - BY: -V a4 1, CITY NAGE ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM JR. , CITY ATTORNEY C. J. TAYLOR, BY: kjc"~ CO NT CTORf I / BY: That C LPSli~ , is hereby designated as the person to administer the provision of this agreement. 4z CITY MANAGER sc A1o'K INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 C.V INDEPENDENT CONTRACTOR'S AGREEMENT I THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Pule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and /VALVy Aye,( r 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. 411C~e 9uArt B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 3,`19 /r<,, B. Dates of Payments: 5E14 r 1 - Sr,a~ y 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE j 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. N/A 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the day of 7L , 198,2, and end on the ~th day of S , 198Y. ` EXECUTED the this day ofr 198_. CITY OF DENTON, TEXAS BY: CIT MANAGER ATTEST: ~i CITY C TARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, pJR. 1,!CITY ATTORNEY BY: i~ k3• CONTRACTOR ~ ~r.-•-- BY: 61 That _ yC LeSZ,-e ► is hereby I designated as the person to administer the provision of this agreement. f ~ r I DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 Sly s. C'~~~ rcl r ~w 3s3- 7d 'y INDEPENDENT CONTRACTOR'S AGREEMENT 5~ E~ 3OZ 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 John Sullivan , 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. Teach/assist with tennis classes B. All other duties pertaining to the tennis program 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $8.00 per hour B. Dates of Payments: September 6 - September 30, 1984 I I 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas l for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly urderstood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. f 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. I~ INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] (i 1 !r o- 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following sarvices and/or supplies: None 1. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 6th day of Sept. , 1984 , and end on the LO th day of Sept. 1984. EXECUTED the this 6th day of Sept. , 198 4 CITY OF DENTON, TEXAS BY: CITY MANAGER ATTEST: CITY SECRET ARr APPROVED AS TO LEGAL FORM C. J. TAfYLOpR~, JR., CITY ATTORNEY BY:Y CONTRACTOR BY: LA011 That Cathy Avery , is hereby designated as the person to administer the provision of this agreement. p 0 DATE CITY MANAGER i INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 ..o. Box 24542 T4X Station Denton Texas 76204 #464-2~-4175 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 Eva Martinez , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO 3E PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Programming and implementation of afterschool activities B. 2. =LDENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Every two weeks $4.00 per hour B. Dates of Payments: September 20, October 4, 18, November 1, 15, 29, Decemb,:r 13, 27 3. SUPERVISION AND CONTROL AY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social s:;curity taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGL ] i 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. All supp2ies and equipment 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days , written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 17 day of September, 1984 , and end on the 31 th day of December 198 4. EXECUTED the this 17 day of September, 198. CITY OF BE 0 EXAS e BY. CIT MANAGER ATTEST: CITY SECRET Y APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.? /CITY ATTORNEY BY: bl T~~° _ CONTRACTOR BY. That Nina Davis is hereby designated as the person to administer the provision of this agreement. ; i DATE CITY MANAG INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 1122 Vine Apt c4 _ Denton, Texas 76201 INDEPENDENT CONTRACTOR'S AGEMENT446 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 Kim Buck , 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. Program i Implement ASAS Program B. i 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 Per Flour B. Dates of Payments: Sept. 20; Oct. 4, 18; Nov. 1, 15, 29: Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, wi_hholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payme,ics to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council. for su.-h purposes in the Budget of the City of Denton. INDEP,'.NDENT CONTRACTOR'S AGREEMENT - PAGE J 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYt city agrees to furnish to Contractor the following services and/or supplies: 1. All Supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. B. TERM OF CONTRACT: This Agreement shall commence on t}:e 9 day of September, 1964 , and end on the 19 th day of December , 1964 . EXECUTED the this y day of September, l98!4. EXAS CITY =e1z BY: l IT MANAGER' ATTEST: CITY ECRETAff APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR. , /CITY ATTORNEY ,18LC ~^'V kt BY: -7 CONTRACTOR SY: That Nina Davis , is hereby designated as the person to administer the provision of this agreement. DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 72 29 Charbonneau Ft. Worth, Texas 76135 #455-45-2892 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAo ( 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 Judy Prichard , 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. Program / Implement ASAS Activities B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Sept. 20; Oct. 4, 18;, Nov. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor 's an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYs city agrees to furnish to Contractor the following services and/or supplies 1. All supplies b. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACis This Agreement shall commence on the 4 day of 'eptember, 198 4, and end on the 19 th day of December, 198 EXECUTED the this 4 day of Septc-mber 1984, CITY 0 NTO , EXAS BY: CITY MANAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLORRO JR., CITY ATTORNEY BY sa~. CONTRACTOR l} BY: I P That Nina Davis , is hereby designated as the person to administer the provision of this agreement. DA^33 CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 / S.S.# 558-06-7178 Address: 820 Colllna Denton, TX 76201 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 Russ wolf , 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. Rock Climbing Instructor Be WRAC Trip Leader 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 80% DENTON PARD, 20% INSTRUCTOR B. Dates of Payments: TWO WEEKS FOLLOWING EACH OUTING 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Rock Climbing Equipment 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 3= day of September , 1984 , and end on the 30 th day Of SAntember , 198.j. EXECUTED the this 16th day of September , 1984. CITY 0 iDENTO , EX AS BY: CITTMANAUR ATTEST: ~2- CITY SEC 'fA Y APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: 6 CONTRPCTOR BY: That '~~,e cs M-k, is hereby designated as the person to administer the provision of this agreement. / JwAz~ DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 S.S.# 455-41-0488 5707 Flamingo V Roulett, 1X 75088 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( COUNTY OF DENTON ) KNOW ALL MEN BY THESF PRESENTS: The City of Denton, Texas, a Municipal Home Rule City situated In Denton County, Texas, hereinafter called "City", ecting herein by and through its City Manager, and Sherre' Neilon , 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. Gymnastics Instructor B. Gymnastics coach 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $10 per hour of instruction B. Dates of Payments: twice per session 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other city employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1o gymnastic equipment and 1/2 gymnasium 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 raserves the right to cancel this Agreement at any time, by giving Contractor thirty (3D) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 100 day of F,ptember , 1984 , and end on the 30 th day of September , 198.5. EXECUTED the this 07thday of September , 1984. CITY OF DENT , TEXAS BY: ! CIT NAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JQQR., CITY ATTORNEY BY: CONTRACTOR BY. That TJGSCt ~A i Ica~3. is hereby designated as the person to administer the provision of this agreement. Al DATE C CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 V 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 Marta A. Flores , 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.After School Action Site Substitute Instructor B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour. B. Dates of Payments: October 4th & 18th, 1984 November 1, 151 & 29, 1984 December 13 & 27, 1984 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City or, Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following servicez and/or supplies: 1. All supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation Insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4th day of September , 1984 , and end on the nth day of December , 1984. EXECUTED the this 9th day of September, 1988. CITY OF ENT TEXAS BY: ITY NAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. ~TA/YLORRt JR., CITY ATTORNEY BY: f B't~c.~r A. CONTRACT R BY X That is hereby designated as the person to administer the provision of this agreement. DAVE IT NAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 Box 9 Rt. 3 Hawarden, IA 51023 #479-68-4503 INDEPENDENT CON'TRACTOR'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 Nancy Buryanek , 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. Programming / Implementing ASAS Activities B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Sept. 20; Oct. 4, 18; Nov. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) w S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agreeo to furnish to Contractor the following services and/or supplies: 1. City furnishes all Equipment 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this i I I Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TEAM OF CONTRACT: This Agreement shall commence on _ September i+ the day of , 1980 and end on the 19th day of Decembe~ 1984. EXECUTED the this u day of Sept. , 198 CITY OF Y TEXAS BY: .~C CIT GER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: CONTRACTOR BYs That Nina Davis , is hereby designated as the person to administer the provision of this agreement. r / DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 740 Collins Denton, Texas 76201 1f #436-96-9369 ( ~ y INDEPENDENT CON'PRACTOR'S AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texas, a Munic{pal Rome Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Kate Ensor 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. Program / Implement ASAS Activities B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 Per Hour B. Dates of Payments; Sept;. 20; Oct. 4, 18; Nc v. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security i taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is j expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this k agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPEN.I)ENT CONTRACTOR'S AGREEMENT - PAGE ] S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. All Supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention %o cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4 day of September, 198, and end on the 19th day of December, 1984. EXECUTED the this 4 day of September , 1984. CITY OF DENTON, TEXAS / BY: ` - CITY MANAGER ATTEST: CITY SECRETARY APPROVED AS TO LEG*.L FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: f 'esv~^`,- CONTR ACT R BY: l That Nina Davis , is hereby designated as the person to administer the provinion of this agreement. al .4 4 ~fioi-_ !may / DA,rp V ' *CT MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 2211 N. Be11N212 Denton, Texas 76201 283-52-0068 INDEPENDENT rONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter palled "City", acting herein by and through its City manager, and _ f4ary Ann Lingg , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PE&eORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: i A. Sub for ASAS Program B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Varies 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE J r S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. City furnishes all equipment 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4 day of September, 1984 , and end on the 19th day of December, 1984 . EXECUTED the this 4 day of Sept. , 1984. CITY O77TO TEXAS / BY: !Wz t CITY .NA R ATTEST: &;Q - Ql~l~ ~-f CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLORO JR., CITY ATTORNEY BY: t~U y " - CONTRACTOR C~J That Nina Davis y , is hereby designated as the person to administer the provision of this agreement. DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 Twin Likes # 87 Denton, Texas 76201 064-43-8450 INDEPENDENT rONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( KN'JW 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 Dynnette Gillilam , 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. Program / Implement ASAS Activities B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Sept. 20; Oct. 4, 16; Nov. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other city employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to th. atisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes In the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 5. SERVICES AND SUPPLIES TO BE FURNISHEI) BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. All Supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTPJ.CT: This Agreement shall commence on the day of sPpr_ 198 4 , and end on the ,3th day of _ Dec. , 198 4. EXECUTED the this 4 day of Sept. 1984, CITY OF TO TEXAS BY: WWry aNGSR ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TA_Y~LLOe. JR.r CITY ATTORNEY BY:I !V lam. /V'""`~'~ CONTRACTOR to BY: That Nina Davis , is hereby designated as the person to administer the provision of this agreement. 'K~ 4~ / ?dz DA YE CITY MANAM INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 22 Hunters Creek Denton, Texas 76201 470-72-1260 J 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 Jill Budolfson 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 servicesi A. Programming / Implementing ASAS Activities B. 2. COMPENSATION TO BE PAID CONTRACTOR; City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Sept. 20; Oct. 41 18; Nov. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is b expressly, understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Mrna,ger of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. City supplies all equipment 6. INSURANCE: Contractor shall provide it 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. CANCELLATIU,4: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of Its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4 day of September, 1984 , and end on the 19 th day of December1 1984. EXECUTED the this 4 day of September 14e . CITY OF NT TEXAS BY: _ CI G R ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR? JJ~R., CITY ATTORNEY BY:~k*-+~9 ty. CONTRACTOR BY:p7-~ e~ That Nina Davis , is hereby designated as the person to administer the provision of this agreement. DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 713 Driftwood Denton, Texas 76201 #467-15-6645 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 Denise Furhmann , hereinafter called Contractor, hereby mutually agree as follows: i SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Program / Implement ASAS Program B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Sept. 20; Oct. 4, 18; Nov. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is *autually understood and agreed by and between City and Contractor that Contractor Is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to C^n.tract%)r under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYt city agrees to furnish to Contractor the following services and/or supplies: 1. All Supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time. by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4 day of September, 1984 , and end on the 19 th day of December 1984. EXECUTED the this 4 Oay of September 1984 CITY OF NT TEXAS BY: All CITY R ATTEST: (11'yd x CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: CONTRACTOR( BY:QMA..~U~ LwK~C3Mil. I That Nina Davis , is hereby designated as the person to administer the provision of this agreement. L) 1 0 J~4 G 0 ; r2a~ A E CIT MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 i Twin Lakes M? P #87 Denton, Texas 76201 c ;'451-37-0511 • INDEPENDENT CONT RACTOP'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", a.,ling herein by and through its City Manager, and Glenda Gynelle Daum , hereinafter called Contractor, hereby mutually agree as follor,.r: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Program / Implement ASAS Activities B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: '-.00 per hour (4.00 per hour) B. Dates of Payments: Sept. 20; Oct. 49 18; Nov. 1, 152 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUND:-, All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the :ity Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE t 5. SERVICES AND STiPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. All Supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4 day of Sept. , 198_1, and end on the 19th day of Dec. , 198 LL EXECUTED the this 4 day of Sept._# 1984. CITY OF NTO XAS BY - CITY MA ATTEST: Ai 'I -L-4d~d.2L; , Z&Z'a~- CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY. CONTRACTOR ~ rr BY: C / l ! V U4A/. That Nina Davis , is hereby designated as the person to administer the provision of this agreement. L DATE CITY MANAGER 40 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 ?2 Teasley 141, 4t2(>8 ' - z~s c~ INDEPENDENT (bNTRACTOR' S AGREEMENT y )Cj 1531 THE STATE OF TEXAS { COUNTY OF DENTOh KNOW ALL MEN BY THESE PRESENTS: ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Pa11la •1owA,lG , 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. Elem. gymnastics instructor and B. Preschool gymnastics instructor 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 8o% o2 revenue to instructor, 20o to city. B. Dates of Payments: Two pay periods during each session. Oct. 5, Oct. 181 Nov. 9, Nov. 22 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated ~)y the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] f ' 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1- mats, trampoline, and balance beam. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance .iecessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of Oct. , 198 and end on the nth day of -Sept 1986. EXECUTED the this 21 day of Sept. , 198!±. CITY OF DENTON TEXAS -ll BY: / ya4ot CIT N R ATTEST: ~J CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR,JR., CITY ATTORNEY BY:87~ CONTRACTOR 1 IMtiK Q ~.(.C~(GJ/ BY: That Val Varner , is hereby designated as the person to administer the provision of this agreement. DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 419 W. Sycamore M4 Denton, Texas 76201 0452-29-8062 INDEPENDENT CON'PRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESENTSr 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 Kathryn Williams , 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. Program / Implement ASAS Activities B. 2. COMPENSATION 'i0 BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Sept. 20; Oct. 4, 13; Nov. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacatioii or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTFACTOR'S AGREEMENT - PAGE J I 1 ~ 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. All Supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4 day of Sept. , 1984 , and end on the 19th day of Dec. , 1984. EXECUTED the this 4 day of Sept. 1984 CITY OF T TEXAS BY: ITY NAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TA_Y/L-O-Rf JR., CITY ATTORNEY BYs CONTRACTO BY• That Nina Davis , is hereby designated as the person to administer the provision of this agreement. / lM1At -2S its 40 DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 11voel s" if 48 Gemara pl:.,c 4,1,387189Z Ss w INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( COUNTY OF- DENTON ) KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Dean Prothro , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE P%RFORMF.D: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Preschool instructor B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 80% of revenue to instructor, 20f to city. B. Dates of Pryments: Two pay periods during each session. Oct. S, Oct. 18, Nov. 9, Nov. 22 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE J r' 5. SERVICES AND SUPPLIES TO BE _FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. arts supplies, music, books, all related supplies for a preschool setting b. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserv-as the right t cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACTe This Agreement shall commence on the _.1St day of Oct. , 1984 , and end on the 31th day of Sent, 1985,. EXECUTED the this 21day of Sept. , 1984. CITY 0 NT N TEXAS . BY: CI !Y MANAGER ATTEST: CITY SECRETARY---~ APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: 61M-~f CONTRACTOR BY: That Val Varner , is hereby designated as th3 person to administer the provision of this agreement. n 4/~,y ,~I 2 I _ DA ,-E CIT MANAOER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 ,~cuE ; ~w we5 Lea.;~v,~ 1 P. q3& .5-15j/ 39 -yy- 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 Fin Alexander , hereinafter called Contractor, hereby mutually agcee 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. Exercise Instructor, MWF 8:30 - 900 are B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contracto. for the services performed hereunder as follows: A. 80% of revenue to instructor, 20% to city. Instructor's hourly wage comes to 16.80 an hour. E. Dates of Payments: Two pay periods during the session. Oct. 50 00t. 18, Nov. 9, and Nov. 22 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that i Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perfor:.. the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council, for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] t 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYt city agrees to furnish to Contractor the following services and/or supplies: 1- mats 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to pr,tect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of Oct. , 198 and end on the nth day of Sept. , 1985. EXECUTED the this 19 day of Sept. , 1984. TEXAS CITY OF ZNAGEW/ BY: CI ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY A'irORNEY BY: CONTRACTOR e / BY:~ That Val Varner , is hereby designated as the person to administer the provision of this agreement. zk-1i`/ CIT MANAGER DATE INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 453-19-9018 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON ) Tho, 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 Martha Evans , 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. Programming & implementation of ASAS Activities B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Every 2 weeks / $4.25 per hour B. Dates of Payments: Sept. 20; Oct. 4, 18; Nov. 1, 15, 29; Ddc. 13, 27 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. City furnishes all equipment 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right tq cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall cormience on the a day of September, 198 4 , and end cn the 1!`_th day of December, 198 4. EXECUTED the this 4 day of September, 1984. CITY 70NT EXAS r BY: ITY AMR: ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TA/YLOR~, JR.,C~ITY ATTORNEY 1 Lis-+7C1 8 . ~Ct t4- BY., CONTRACTOR AA ~~OJ1tllc~ ucvi BY: . JC. That Nina Davis , is hereby designated as the person to administer the provision of this agreement. 1 DATE CITY NA R INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 521 W. Sycamore St. Denton, TExas 70201 #473-90-1643 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Julie Tilsen hereinafter called Contractor, hereby mutually agrae 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. Programming / Implementing, ASAS Activities B. 2. COMPENSATION TO BE PAID Cr"TRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Fayments: Sept. 20, Oct. 41 18; Nov. 1, 15, 29; Dec. 13, 27 3. SUPERVISION AND CO!ITROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, i.*t it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriate) by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYt City agrees to furnish to Contractor the following services and/or suppliest 1. All Equipment 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel. this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4 day of September, 198 4, and end on the 19th day of December198 4 EXECUTED the this 4 day of September, 1984. CITY =ilYMAG2a XAS BY: ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J.c T~A_Y,LLO-RO JR., CITY AT12ORNEY BY: CONTRACTOR By l Sid That Nina Davis , is hereby designated as the person to administer the provision of this agreement. r DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 8208 Woodvale Ft. Worth, Texas 76135 #451-39-8260 'r INDEPENDENT MNTRACTORIS 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 Virginia Carter , 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. $4.00 per hour B. Program / Implement ASAS Activities 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $4.00 per hour B. Dates of Payments: Sept. 20; Oct. 4, 18; rJov. 1, 153 19; Dec. 13, 27 3. SUPERVISION AND CON•i•ROL BY CITY: It is mutually understood and agreed by and between City and Contractoi that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager if the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE j S. SERVICES AND "UPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. All Supplies 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at an,,., time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commencs on the 4 day of September 1984 and end on the 19th day of December,, 1914 . EXECUTED the this 4 day of Sept. 1984. CITY OF NTO TEXAS BY: ! ITY MA AGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: CONTRA R BY: A AA hf 1/1 That Nina Davis_ . is hereby designated as the person to administer the provision of this agreement. . C~1~ ~ .4 VQ DATE CIT NAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 ,5V k;p A-e - ~ 7 - SlSl7 2- INDEPENDENT CONTRACTOR'S AGREEMENT '1'3(, 9 THE STAG 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 Kay Locke 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. Exerci:.e Instructor a. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 80% of revenue to instructor, 20o to city B. Dates of Payments: Two pa periods during each session. Oct. , Oct. 18, Nov. 9, Nov. 22 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social s-:curity tares, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] r~ 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. music, mats, and tape player b. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on i the Ist day of Oct. , 198and end on the nth day of Sept. , 198. EXECUTED the this 21 day of. Sept. , 1984. II CITY OF NT TEXAS dY: t! CI MANAGE (f ATTEST„ CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.j CITY ATTORNEY BY: CONTRACTOR That Val Varner , is hereby designated as the person to administer the provision of this agreement. / 2 /-z, -e-, 0 5- DATE CITY MA.iaGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 WA # ~f x sy-7 -A " ell twe (8/7) 5GGi273 5. s 4 ~a ~a 9~s~ 9 INDEPENDEIT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Sharon Withey , 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: E A. Exercise instructor B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. M0 of revenue goes to '_nstructor, 20yo to city. I B. Dates of Payments: Oct. 5, Oct. 18, Nov. 9, Nov. 22 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the pvcposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid 6y the City from funds appropriated by the City Council for such purposes in the Budget of the City of Donton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] RDb2E56: rbi ~titi ph=aE d- S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. mats, chairs, tsne player 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of Oct. , 1984 and end on th^ filth day of Sent. 1985_. EXECUTED the this 21 day of Sept.~ 1984. , ~I CITY OF NT ON,TEXAS BY: CITY MANAGER f~ I ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TTAAYLOR, JR.., CITY ATTORNEY BY: & CONTRACTOR That Val Varner is hereby designated as the person to administer the provision of this agreement. .1l ~_1 L2`1 i/c' (zz DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 /FGO~'sT~ Po /-y0 ! f 6 eke 3& z- 1~ 5"G SS ~ INDEPENDENT CONTRACTOR'S AGREEMENT ~~464&6ffl 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 ~stgve TnhnGnn , hereinafter called Contractor, hereby ' i 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. Breakdancing Instructor, Wed. 5:30-6130 pm, Sat. 1-2pm B. Instructor's hourly wage comes to 18.75 an hour. E t 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: I A. 60% of revenue to instructor, w 0% to city i B. Dates of Payments: Two times during each session. Oct. 5, Oct. 18, Nov. 9, Nov. 22 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 he or considered an employee of the City of Denton, Texas ' for the purposes of income tax, withholding, social security taxes, vacation or sick leave benifits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF i?UNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the Cit; of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ] s. STeu L 5. SERVICES AND SUPPLIES TO BE FLYRNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. tape player, and gym. 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. 7. CANCELLA~ION_ City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this; Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the ct day of _ Oct, , 198 40 and end on the 31th day of go t., , 1985.. EXECUTED the this _,g_day of Sept. , 198 CITY OF DENTON, TIMS BY:~;~, CI A ER O ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.0 CITY ATTORNEY BY: CONTRACTO BY: That lf~t Varn~+ _ , is hareby designated as the person to administer the provision of this agreement. Y '~Pw NAGER tc ~TE ~1 34'Y MA 7 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 S t4 S1- 5"S 3S INDEPENDENT CON'TRACTOR'S AGREEMENT r THE STATE 01' 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 Chris Bloomfield , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMS. City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Karate Instructor B. 2. COMPENSATI11 BE PAID CONTRACTOR: City agrees to pay Contractor for the ser-Ices performed hereunder as follows: A. 8W5 of rFvenue to instructor, 20% to city B. Dates of Payments: Iwo pa periods during the session. Oct., Oct. 18, Nov. 9. Nov. 22 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 conside an employee of the City of Denton, Texas for the purposes t,_ income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONT?.AC'TOR'S AGREEMENT - PAGE J 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the ist day of Oct. , 1984 , and end on the 31 th day of Sept. , 1985. EXECUTED the this 21day of _Sept* 198 1. CITY OF NT , TEXAS i L BY: CITY AGE ATTEST? CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. T',1Y~LORq,~JR.., CITY ATTORNEY BY: CONTRACTOR That Val Varner is hereby designated as the person to administer the provision of this agreement. DATE CII MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 _ s.s.# - 456-92-3576 P.d,dress: Rt. 1 Box 8A Argyle, Texas 76226 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 Betty Norstrud 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. Aerobic DL ice B. 2. COMPE!" ATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. T,Th 70% Instructor, 30 PARD; M,W,F/M,W 80% Instructor, 20% PARD B. Dates of Payments: Paid twice each session 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood thst Contractor shall perform the services hereunder at the direction of and to the sacisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contracto• the following services and/or supplies: 1. rymnasium space and use of the mats b. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall cortnaence on the ? day of October , 198 4, and end on the 30th day of Sept , 198 5. EXECUTED the this 1 day of October , 1984. CITY OF DENTON, TEXAS BY: ct-C ITY ~MANAC ATTEST: ~a CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.,, CITY ATTORNEY Cr`L+- 1f~1 U-• BY: CONTRACTOR 3Y: That is hereby designated as the person to administer the provision of this agreement. j DATE IT MANAGER ~J INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 Roberta Key 2904 Briercliff Dr. Denton, TX INDEPENDENT CONTRACTOR'S AGREEMENT ;.S.# 559-82-4456 THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENT ON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "Ci.ty", acting herein by and through its City Manager, anc e Roberta Key , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains I Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. 'Mom and Me'instructor B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 80;> instructor, 20% DPARD B. Dates of Payments: Vice per session 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the Citf of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE J 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services. and/or su, Nlies: 1. multipurpose: room b. INSURANCE: Contractor shall provide at his own cost and expense workman's compensation Insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancE:l this Agreement at any time, by giving Contractor thirty 00) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 10th day of September , 1984 , and end on the 30 th day of September . 1985. EXECUTED the this 07th day of September # 198}C, CITY OF ;/7 TE,eA BY: L~ ZT AGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY ICt BY- CONTRACTOR , CONTRACTOR BY: That 7eXes'C't0a,, is hereby designated as the person to administer the provision of this agreement. DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 S.S.# 455-31-0824 1521 Greenlee Denton, TX 76201 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 tFjr and through Its City Manager, and Carl xig t,____, hereinafter called Contractor, hereby mutually agree a; 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. Art Instructor B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $6.oo/hr. B. Dates of Payments: twice per seF lion 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but It is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE J 5. SERVICES AND SUPPLIES TO BE FURNI.3HED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Art supplies in storeroom b. INSURANCE: Contractor shall provide at his own cost and expense wor.:men's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractc,.'s business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement :shall commence on the loth day of September , 1984 and end on the 30 th day of September r 1981. EXECUTED the this 07th day of September_, 1984. CITY OF NTON TEXAS BY: _ CITY MANAGER ATTEST: Cs.//LZC CIT SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.n, CITY ATTORNEY BY:D'i. CONTRACTOR BY: + That ~~esc. M~1a 11 is hereby designated as the person to administer the provision of this agreement. DATS CITY NAGER ZZ INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE Bonnie Adams Bo!mie Adams 1407 Bernard St. 4250 # 214-758-9018 2305 Liily St. Denton, TX 76201 LouRview, TX 75602 ! - S.S.# 367-48-8644 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 Bonnie Ad"ma , 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. Preschool instructor B. 2. COMPENSATION TO BE PAID CONTR..CTOF: City agrees to pay Contractor for the services performed hereunder as follows: A. 80% instructor, 20% DPARD B. Dates of Payments: twice per session 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shill not have supervision :anal control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE J . I 1 5. SERVICES AND SUPPLIES TO BE FURNISFED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. multipurpose room and pre-sebool teaching materials 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 10th day of jgpieuber 198__4_p and end on the nth day of September,, 1985. EXECUTED the this 07th day of Septers.ber , 198A- OF F}ENT TEXAS /J Qf lug! BY: CIT A ER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., `CI/TY ATTORNEY BY: CONTRACTOR BY: That is hereby designated as the person to administer tho provision of this agreement. CITY MANAGER DOTE INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 Dean Prothro 1118 Bernard Denton, Texas ' S.S. 451-96-9946 :NDEPEND°NT CON'TRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRESENTS: COUarY 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 _ Dean Prothro , 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. Flayachool B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 60% Instructor, 20% FARD B. Dates of Payments: twice per session 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Dentor:, Texas for the purposes of income t"x, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) aaaaraaaaaraaa~a Dean Prothro N;A 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. rooms A&B, all pre-school supplies and equipment used in class 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF_ CONTRACT: This Agreement shall commence on the inrh day of -SepXvmhar 198 , and end on the ao_th day of September , 1985. EXECUTED the this 7th day of September , 1981&. CITY C DNTO ,TEXAS BY: / uv ITY MA R ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.,CITY ATTORNEY BY: A ~9 b~. K~ w•-. CONTRACTOR B! : &A\ ~-nO~ri 11 Q That /R) , is hereby designated as the person to administer the provision of this agreement. CJ. (7~ ATE CITY MANAGERI 4K INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE: 2 CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the mlcropi,ologrophs appearing on Ohio Fllm-FIIa Svmr,y iwlth SEPTEMBER 1984 _and 1ndtnp with SEPTEMBER 1984 ore accurate and complete reproductions of the records of (Compony and Dopl.) CITY OF DENTON - CITY SECRETARY _as delivered In the regular course of buslness for photographing. If Is further certif(ed that the mlcrophotographtc processes were accomplished in a manner and on film which meets with requirements of the National Bureau of Standards fw petmonrtil mlcrophotogrop:iic copy. Data prads,codj&,rQ_ $t1~Orda CornP{~Y IL"W) T(CHN0LOGY AT (AQ) K coo" Op.r*r FLACEj 61qy >CVgr~C (trey _ Sate Arlington, Texas 76010 nss~eir~ - -