1961-010 OI{DINANCE NO. {. I - / O
AN OItDINANGE RECEIVING AND AGGE~ING ~ WO~ OF I~ROVlNG
U. S ~G~Y 377 IN ~ CI~ OF DENTON, TE~, ~T~N T~
L~ ~I~ER DEFIED, PE~O~D BY PUBLIC GONS~UC~ON
CO~, AUTHO~ZING ~ DI~GTING T~ ISSU~CE OF GER~I-
CA~S OF S~G~ ~SESS~ IN GO~GTION T~TH, ~
DECKING ~ EFFEC~ DATE
T~ COUNCIL OF ~ GI~ OF DENON ~BY O~INS
That the work of fmprovin~ the followinE street and portions there-
of in the City of ~nton, Texas, to ~t
S~ET
UNIT
N~. S~EET ~OM ~
13 ~ghway 377 ~ple Lindsey,
by the installation of drainage facilities therein, and by the construction
of curbs and gutters where the Director of ~blic Works dete~ined that
adequate curbs and gutters did not exist, and doing of other work incidental
thereto, all as provided for in, and tn accordance ~th the plans and spec-
ifications for such improve~nts, having been perfo~ed and co~leted in
accordance ~th the te~ and provisions of the Contract and the plans and
specifications therein contained, dated ~ril 11, 1960, between the City
of ~nton, Texas, and ~blic Construction ~any, and the Director of
~blie Works of the City of ~nton having measured, examined and caused to
be tested the finished improvements by the means and in the ~nner provided
for by the te~s of such contract and the plans and specifications therein
containe~, a~ the said Director of ~bli= Works having found that such im-
provements have been constructed and co~leted in full co~liance ~th the
te~ of such contract and the plans and specifications therein contained,
and having approved and accepted said improvements and work and having here-
tofore issued his Certificate of ~ceptance, and having so certified to the
City ~ouncil of the City of ~nton, Texas, and having reco~ended that such
City Council accept and receive said work and improvements as constructed by
the said ~blic Construction Company, and said work and improvements having
been found by the City ~nager, the ~yor and the City Council of the City
of ~nton, Texas, to have been perfo~ed and co~leted in full compliance
~th the te~ of said contract and plans and specifications, the same are
hereby now accepted and approved by said City Council of the City of ~nton, Texas
SBCTION 2
That the Mayor and the Gity Secretary of the Gity of Denton, Texas,
are hereby authorized and directed to issue assignable special assessment
certificates pa~able to the City of Denton, Texas, evidencing the assessments
against the property improved abutting upon said street within the limits above
defined, and against the real and true owners thereof, which, by the terms of
Ordinance No. 60-23, passed and approved on the 14th day of June, A D. 1960,
have heretofore been authorized, said assessment certificates to be executed
im the name of the City of Denton, Texas, by the Mayor and the City Secretary
thereof and impressed with the seal of said City, and dated as of the date of
this ordinance, and such officers are hereby authorized and directed to exe-
cute said certificates in their official capacities on behalf of said Gity
3.
This ordinance shall become effective irmnediately upon its passage and
approval.
PASSED AND APPROVED this 11 day April, A.D. 1961, by an affirmative
vote of four-fifths (4/5) or more of the City Council.
Mayor
Gity of Denton, Texas
City Secretary
City of Denton, Texas
APPP~VED AS TO LEGAL FORM
City,Attorney
City of Denton, Texas
Form No. 1074
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF STREET ILLUMINATION SYSTEM
WITHIN MUNICIPALITY
STATE OF TEXAS
COUNTY OF TRAWS
Thls agreement made th~s day of , 19 ,
by and between the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of ~eat~a a~atal~
~ · · County,
'
Texas, acting by and through its duly authorized officers under an resolution passed the
.~ day of .~1~ , 19 &~ , hereinafter called the "City",
party of[the second part
WITNESSETH
WHEREAS· the City has requested the State to contribute financial aid ~n the
c~~°{~._ma~t_e~a_nca .a.nd~ratrLgrLof~tb.e stJ'eet ~llummatlon sYstemon
- he i ft fe d
,.r. .... ..... = ...... T.~v, re no er re rre
to as the "street illumlnahon system", and
WHEREAS· the State Highway Engineer, acting for and ,n behalf of the State
Hlghway, Commiss~on, has made ,t known to the City that the State will construct sa,d
street III mination stem,
~ ys conditioned that the CIty, as prov,ded for ~n H ghway
Commnslon M,nute Order No. 45302· will maintain and operate sa~d ~llummat,on
system.
AGREEMENT
NOW THEREFORE· m consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows
Form No. 1074 Rev.
9-6-60
Construction Res. ponsibllltles
iThe State will prepare or provide for the plans and specifications, advertise for
bids, and let the construction contract, or otherwise prowde for the construction, and
wi II supervise the construction, reconstruction or betterment work as required by said
plans I As the prolect is developed to the construction stage, either as a unit or m
mcrem~ents, the State will submit plans of the proposed work to the City and w~ll secure
the City's consent to construct the facility according to such plans prior to awarding a
contract
All costs of constructing the street illuminating system Inluding such items as
conduits, lamp standards, mast arms, reflectors units, lamps, bowls, electrical conduc-
tors, wiring, etc. will be borne by the State
.It ls understood that the State's financial participation in construction wlll not
extend to and include the construction of any primary lines and incidental equipment
necessary to connect the street i llummatlon system with power stations.
2. Maintenance and Operation Responslbllit~es
The City hereby agrees at its expense to furnish the electric energy required for
properloperatlon of the street lllumlnatlon system, such electric energy to be provided
at points on the street Illumination system as designated by the State The City further
agrees~to malntaln and operate the street illumination system In an efficient and slghtly
cond~tlon, Including the furmshlng of all equipment and labor and making any replace-
ments which may become necessary, w~thout cost to the State.
The City will assume maintenance and operation on a date to correspond w~th the
date cgnstructlon of the street Illumination system ~s completed and accepted by the
State. I If the lllumlnatlon system Is constructed by sections this provlslon shall apply
to each such separately constructed section.
The C~ty will obtain written approval of the State H~ghway Engineer before making
any changes In the illumination system as designed and constructed by the State or before
the removal of any part of the ~nstallation except for the purpose of replacements where
identldal or accepted equivalent equipment to that originally ~nstalled Is used
Form No. 1074
IN WITNESS WHEREOF~ the parties have hereunto affixed their signatures,
the City of ~ on the
Highway Department on the , , day of ~ 19 ,
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders~ established
policies, or work programs heretofore
approved and authorized by the State
Highway Commission
BY
Assistant State Highway Englneer
APPROVAL RECOMMENDED
District Engineer
Chief Eng,neer of Highway Des,gn
Form No. 1074
RESOLUTION NO.
A RESQLUTION APPROVING THE AGREEMENT DATED
BETWEEN THE STATE OF TEXAS AND THE CITY OF
FOR THE~ INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AI~D
MAINTENANCE. OF A HIGHWAY ILLUMINATION PROJECT lIT
IN THE! CITY OF ,' AI~6 PROVIDING FOR THE ~UTION
OF SAID AGREEMENT. ~
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SECTION 1. That the certa,n agreement dated between the
State of{Texas and the City of ~ for the ,nstallat,on, con-
structlo~, existence, use, operatlon and mmntenance of certmn highway ~llumlnat,on
in the C~ty of ..... ,~ be, and the same is, hereby approved, and
that .J~ lJ~ I~ ,s hereby author,zed to execute smd
agreement on behalf of the City of ~ and to transmit
the same to the State of Texas for appropriate action.
PASSED _AmpUl, ~:. Xg6~
APPROVED ~rl~l ii, l~&l
, ~" Mayor
ATTEST ~
' S~c~y
City ~ ~
j Clerk
CItY ~f~rney
Form No. lO7&
CITY ATTORNEY'S CERTIFICATE
STATE OF TEXAS
COUNTY OF II~l~llt
I, 14~ 1S, I~lt Clty Attorney for the City
of . ~. , Texas, do hereby certlfy that the City Charter
of the City of ~ authorizes the City Council to
approve the execution of contracts by means of a resolution, and that the attached
corrtmct between said City and the State of Texas, dated ,
approved by Resolution passed ~l~'Al iii. ~.g$1 and executed
by i ~ It, ~ is valid and b,ndlng on said City In so
I '
far as its approval and execution is concerned.
City Attorney~
City of ~