Loading...
HomeMy WebLinkAboutResolutions 1978AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF JANUARY, A D. 1978. RESOLUTION WHEREAS, the City of Denton heretofore released and quit- claimed a certain easement more particularly described ~n sa~d Quit-Claim Deed recorded ~n Volume 700, Page 252, of the Deed Records of Denton County, Texas, and WHEREAS~ a plat of sa~d area and of sa~d easement, same being a sanitary sewer easement, was recorded in Volume 6, Page 41 of ~he Plat Records of Denton County, Texas, on or about December 31, 1970, and ~WHEREAS, the quit-claim of sa~d easement does not suffi- ciently identify said easement as being one ~n the same as the easement indicated on the plat; and WHEREAS, the C~ty of Denton agrees that sa~d Quit-Claim Deed was ~ntended to release and abandon all easements ~n con- nectlon with said property and does consent and agree that sa~d Quit-Claim Deed was ~ntended to relase and abandon the sanitary sewer easement platted across Block 3 of Heritage Oaks, an Addi- tion tO the C~ty of Denton, as shown by Plat recorded ~n Volume 6, Page 41 of the Plat Records of Denton County, Texas, and WHEREAS~ to clarify sa~d Quit-Claim Deed, the C~ty of Denton hereby agrees that they are cla~m~ng no easements by v~rtue of the Plat recorded ~n Volume 6, Page 41 of the Plat Records of Denton County, Texas, on or across Block 3 of Heritage Oaks, an Addition to the C~ty of Denton. NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the C~ty of Denton agrees and consents that the Qu~t- Claim Deed above referred to was intended and d~d quit-claim and abandon all easements across the above described tract of land, and said City does not make any claim to any easements across QUIT CLAIM DEED THE STATE OF TEXAS KNOW iLL ~N BY TItESE PRESENTS COUNTY OF DENTON X ~ · / That the C~ty of Denton, Texas, a Municipal Corporat O~ th~ ~ou~ty.,o£~,DentQn ~.S~a~e. Qf.Texa~,~ fo~ an~ in coca,de- ration of the sum of Ten'and No/100 ($10.00) Dollars and ~ther qood and valuable consideration to ~t in hand pald by Amco Pro- pert~es 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 Amco Pro- pert~es their successors and assigns all its other r~ght, t~tle and interest in and to that certain tract or parcel of ]and ly- ing in the Clty and County of Denton, and State of Texas, des- cr~bed as follows, to-w~t: FIRST TRACT All that certain lot, tract or parcel of land lying and being situated in the C~ty and County,of Denton, State of Texas, and belng part of the N. H. Me~senhe~mer Survey, Abstract No. 81l, and being part of Block 4 of Heritage Oaks an addition to the C~ty of Denton, and also being all of a tract of land a% con- veyed from Mrs. B. K. R~hardson to the C~ty of Denton, Texas by document dated July 25, 1938 and recorded in Volume 270, Page 625 of the Deed Records of Denton County, Texas and more particularly descrlbed as follows- BEGINNING at a point ~n the east boundary l~ne of said Block 4, Heritage Oaks, same being the east boundary line of sa~d Melsen- helmet Survey, sa~d point of beg~nnlng belng 310 feet south of tho northeast corner of sa~d Melsenhelmer Survey, THENCE ~n a northwest d~rect~on, a d~stance of 628 feet, more o~ less, to a point in the'north boundary line of sa~d helmet Survey, sa~d point being 543 feet west of the northeast corner of said Meisenhe~mer Survey. SECOND TRACT All that certain lot, tra~t or parcel of land lying and belng situated ~n the City and County of Denton, State of Texas, and being part of the B.B.B. & C.R R. Company Survey, Abstract No. 186 and being part of Block 4 of Heritage Oaks an addition to the C~ty of Denton, and also belng part of a tract of land as conveyed from T. A. Browning and w~fe, Jessie May Browning to the City of Denton, Texas, by document dated July 25, 1938 and recorded in Volume. 270, ~a~e_621 ~f the D~d ReCords of Denton County, Texas and more particularly described as follows BEGINNING at a point ~n the south boundary line of sa~d B.B B. & C.R.R. Company Survey, same belng the north boundary line of the N. H. Melsenhe~mer Survey, Abstract No. 811, sa~d point of beginning being 543 feet west of the southeast corner of sa~d B B B. & C.R.R. Company Survey, sa~d being the northeast corner of said Me~senhe~mer Survey; THENCE ~n a northwest d~reot~on, a d~stance of 480 feet, more or less, to a point, sa~d point being 142 feet south 1~ 08' west and 11 feet south $9~ 32' east from the northwest corner of Block 4, Heritage Oaks. !?~ ~ ~,//~ '700 253 TO, HAVE AND TO HOLD the said premiseS, together with all lleaeS and appurtenanceS theretO - -~-- the rightS, priV .... ~%d Amco Properties their and slngu~ ~ndlna ~nto ~nu .... the sa~d City in any manner ~=~ = ~ personS clal~- succeSSOrS and assignS, forever, so that neither claim or de- of Denton, nor ~ts successorS, nor any person or appurten- ~ng ~der ~t shall, at any t~me h~e after, have, mand .any r~ght or t~tle to the aforesaid premises or anceS, or any part thereOf wITNeSS our ~,Den%on, TexaS, th~s the 19th day of March,,A. D. ~974. cITY OF DENTON, TEXAS ..~. ~ 0, ~ ,~ . BY' ~ ~ ~ ~~YOR Tile STATE OF TEXAq y OF DENTON COUNT - ~- in and for said author l~y, ~ REFOR~ ME, the u~dersign_e_~d~l~, aooeared Bill Neu, May~o~ ~tv, TexaS~ u~ -.- - - - known to me uu ~ - = .... t ~ =~ ~ of Denton~ Texa~, .... Or une ~--~ .... = ~ bscrlDeu uu ~ the City officer whose nam= ~ -~hat the same was the act of and ackaowledged to me ~cll of the City of Denton, TexaS, a Municipal corporation, . s the official act of said C~ty Co - - ~ ~-o~uted the sa~e a - ---=~nn therein expressed, and rna= n= ~-_,,~n~ s and Co~Cll for une and ~n ~e capacity therein stated. GIVEN ~DER MY H~D AND SEAL OF OFFICE, This the 19th day of Maroh, A. D. 1974. 1, 1975. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE Z1ST DAY OF FEBRUARY, A. D. 1978. RESOLUTION WHEREAS, the C~ty of Denton 1977-78 budget shows the receipt of Federal Revenue Sharing Funds ~n the amounts of $545,315, and the expenditure of those funds as follows. Contribution to Flow Memorial Hospital $210,500 S~dewalk Construction $ 90,000 Buildings & Equipment $244,815, and WHEREAS, it is necessary to amend the Federal Revenue Sharing Funds Budget for the year 1977-78 to permit the entire revenue sharing funds to be spent on police department salaries, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the 1977-78 C~ty of Denton budget and Federal Revenue Sharing Funds is hereby amended to allocate the sum of $545,315 to Police Department salaries and that the contribution to Flow Memorial Hospital, s~dewalk construction, and the construction of buildings and purchase of equipment w~ll be made from general revenues. PASSED AND APPROVED this the 21st day of February, A. D. 1978. ELINOR HUGHES, MA~~R CITY OF DENTON, TEXAS ATTEST' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Next Document ,; RESOLliTION AUTHORIZING EXECUTION OF A SPECIAL ESCROW FUND AGREEMENT THE STATE OF TEXAS COUNTY OF DENTOtd , CITY OF DENTON WHEREAS, it is .necessary and advisable that the City enter into the Special Escrow Fund Agreement hereinafter au- thorized with First National Bank in Dallas, Dallas, Texas. , NOW THEREFORE, BE .IT RESOLVED BY THE CITY COUNCIL OF THE ' CITY OF ,DENTOPd, TEXAS Section 1. That the Mayor and City Secretary are au- thorized and directed, for and on behalf of the City, to date, ' sign, seal, and otherwise execute a Special Escrow Fund Agree- ment in substantially the form and substance attached hereto and made a part hereof for all purposes. .Section 2. That, upon execution, said Special Escrow -_„_ --'Fund Agreement-shall_be_binding upon the City for all purposesL a ~: _.. CERTIFICATE FOR RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL ESCROW FUND AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 21ST DAY OF MARCH, 1978, at the Municipal Building-(City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Elinor Hughes, idayor Bill Nash Dick Stewart Joe Mitchell Mary Claude Gay and all of saidApersons were present, except the following absentees: ~~ thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTIONI AUTHORIZING EXECUTION OF A SPECIAL ESCROW FUND AGREEMENT was duly introduced for the consideration of said City Council and read in full. It was then duly-moved and seconded that said Resolution be adopted; and, after due discussion, said mo- tion, carrying with it the adoption of said Resolution, pre- vailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". ?dOES :_NOne..~ 2. That a true, full, and correct copy of-the-aforesaid .Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded~in said City Coun- cil's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and.. members of said City Council as indicated therein; that each of the officers and members of said City Council was .duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid A4eet- ing, and that said Resolution would be introduced and consider- ed for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said_.ti'_eet- ing was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That-the Mayor of said City has approved, and hereby approves, the aforesaid Resolution-; that the Mayor and'the -City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall consti- tute the signing of the attached and following copy of said Resolution for all purposes. SI ED AND SE D the 21st day .~ 5 .\fi~ -_` =..-~ T City Secretary - ~i ( SEAL) ~~ ~fJ x n ~~ ` \,`~ S •,. of March, 1978.EL ~nn^^ ~J~`'~ Mayor T LS SPECIAL. ESCROW FUND AGREEMENT THE STATE OF TEXAS ' COUNTY OF DENTON , CITY OF DENTON THIS SPECIAL ESCROW FUND AGREEMENT (the "Agreement") dated the 30th day of March, 1978, made by and between the City of Denton (the "City"), in Denton County, Texas, a city duly in- corporated and functioning under the laws of the State of Texas and its Home Rule Charter, and which is authorized to issue bonds under the provisions of Vernon's Ann. Tex. Civ. St. Art. 1118n-12 (the "Act"), and First National Bank in Dallas, Dallas, Texas, a national banking association, organized and existing under the laws of the United States of America, having its a ~-____ T principal office in the City of Dallas, in Dallas County, Texas (the "Escrow Agent"): _ `' ' W I T N E S S E T H: WHEREAS, the following series or issues of Electric Revenue Bonds of the City issued pursuant to law are presently outstand- ing (being all of the outstanding Electric Revenue Bonds of the City): City of Denton Electric Revenue Bonds, Series 1954, dated November 1, 1954, now outstanding in the aggregate principal amount of - - - - - $1,385,000 City of Denton Electric Revenue Bonds, Series 1955, dated May 1, 1955, now outstanding in - the aggregate principal amount of - - - - - - $ 461,000 City of Denton Electric Revenue Bonds, Series B, 1955, dated"November 1, 1955, now outstand-~: ing in the aggregate principal amount of - - - $ 501,000 City of Denton Electric Revenue Bonds, Series 1961, dated January 1, 1961, now outstanding in the aggregate principal amount of - - - - - $4,060,000 -1- T City of Denton Electric Revenue Bonds, Series 1965, dated January 1, 1965, now outstanding in the aggregate principal amount of - - - - - $1,225,000 City of Denton Electric Revenue Bonds, Series 1968, dated February 1, 1968, now outstanding in the aggregate principal amount of.= - - - - $ 550,000 City of Denton Electric Revenue Bonds, Series 1970, dated September 1, 1970, now outstanding in the aggregate principal amount of - - - - - $2,520,000 City of Denton Electric Revenue Bonds; Series 1972, dated May 1, 1972, now outstanding in the aggregate principal amount of - - - - - - $4,800,000 City of Denton Electric Revenue Bonds, Series 1974,. dated .July 1, 1974, now outstanding in the aggregate principal amount of - - - - - - $1,400,000 (collectively the "Outstanding Bonds"); and WHEREAS, by a bond ordinance passed on March 21, 1978, the City Council of the City duly authorized the issuance, sale, and delivery of an issue of refunding bonds, for the purpose of refunding the Outstanding Bonds, to-wit: --~ _City of.Denton Electric System Revenue Refunding Bonds, Series 1978, dated March 15, 1978, in the principal amount of $ 19,255,000 (the "Bonds"), authorized by an Ordinance hereinafter called the "Bond Ordinance"; and WHEREAS, the Outstanding Bonds have not been and will not be called for redemption prior to maturity; and WHEREAS, the Outstanding Bonds shall mature in 'accordance with their scheduled maturities specified in the ordinances authorizing their issuance, and the City covenants and agrees that hereafter it will not, and that it is not authorized, to call any such Outstanding Bonds for redemption prior to matur- ity; and WHEREAS, it is necessary-that this Agreement provide for the investment of certain proceeds from the sale of the Bonds -2- ~, initially deposited to the credit of the Escrow Fund in "Federal Securities", as hereinafter defined and provided,. which must provide funds to insure the payment of the princi- pal of and interest on,the Outstanding Bonds as the same shall mature and become due; and WHEREAS, the City has made arrangements for the Escrow ~ Agent to purchase Federal Securities with part of the proceeds from the sale and delivery of the Bonds which will produce the amounts sufficient to meet said principal and interest pay- ments on the Outstanding Bonds; and WHEREAS, the Escrow Agent is a commercial bank which is a qualified depository and which possesses and is exercising full trust powers and is otherwise qualified and empowered to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual agreements - - herein contained and the sum. duly paid by the City to the Escrow Agent hereunder, and in order to secure the payment of the principal of and interest on the Outstanding Bonds, as the " same shall mature-and become due, the parties hereto mutually undertake, promise, and agree for themselves, their respective representatives, successors, and assigns, as follows: Section 1. (a) There is hereby created by the City with the Escrow Agent a special trust fund and separate trust ac- count designated the "City of Denton Special Escrow Fund" (the "Escrow Fund"). The Escrow Agent hereby accepts the Escrow Fund, and ackhowledges the receipt, and deposit to the credit of the Escrow Fund,- of $18,941,957.50 in immediately available Federal Funds, representing all of the proceeds received by the City from the sale and delivery of the Bonds (the "Bond Proceeds"): -3- (h) The Escrow Agent further represents and acknowledges' that concurrently with said deposit described in (a) above, the Escrow Agent has (i) used part of such deposit to purchase, on behalf and for the account of the City, from the United States Treasury, certain interest bearing United States Treasury Certi- ficates, Notes and Bonds - State and Local Government Series, which are direct obligations of the United States of America (non= callable by the Obligor), in book-entry form, in the aggregate principal or par amount of $15,467,400.00 (the "Federal Securities") by payment of said principal or par amount to the Federal Reserve Bank at Dallas, Dallas, Texas; and that the Escrow Agent has received book-entry credit for the Federal Se- curities from the Federal Reserve Bank at Dallas, and has credited the Federal Securities (which are described in Exhibit A attached to this Agreement and made a part hereof) to the Escrow Fund, and (ii) set aside out of said deposit $387,049.50 to be held, and - not invested, and used solely--to pay.. the interest coming due on the Outstanding Bonds on May 1, 1978. The City represents that the principal amounts successively maturing on the Federal Se- curities, together with. the interest accruing and coming due on the Federal Securities, and the sum deposited to the credit of the Escrow Fund and held in cash pursuant to (ii) above, will . assure that money will at all times be available to the Escrow Agent in amounts sufficient to pay the principal of ahd interest on~the Outstanding Bonds as the same mature, accrue and become due,`-all as shown in Exhibit B, which is attached to this Agree- ment and made a part hereof. (c) The Escrow Agent. further represents and acknowledges that it has transferred, in immediately available Federal Funds, to The Fort Worth National Bank, Fort Worth, Texas, all of the balance of the aforesaid Bond Proceeds remaining after setting -4- aside in cash and investing part of said Bond Proceeds as` described in Section 1 (b) above (except the amount provided in Section 19.) Section 2. -The principal of-and interest coupons on the Outstanding Bonds shall be paid to the respective bearers thereof in accordance with the provisions thereof, in the following manner: Interest Interest coupons coming due on May 1, 1978, and semiannually thereafter shall be paid until each of the Outstanding Bonds matures. Principal Principal shall be paid on the Outstanding Bonds as it matures serially on November 1 of each year. Section 3. The Escrow Agent shall hold the book-entry credits of the Federal Securities and the money deposited to the credit of the Escrow Fund at all times as a special and separate trust fund for the benefit of the City and the owners of-the Outstanding Bonds, wholly segregated from other funds and securities on deposit with it, shall never commingle such Federal Securities or money with other funds or securities owned or held by it, and shall never at any time use, loan, or borrow the same in any way other than as provided in this Agreement. Aspecial-account for the Escrow Fund and the Federal Securities shall at all times be maintained on the books of the Escrow Agent. Section 4. The Escrow Agent shall from time to time col- lect and receive the principal amounts maturing and .the inter- est accruing and payable on the Federal Securities, as the same become due, and credit same to the Escrow Fund, so that the proceeds of the Federal Securities as such become due, to- gether with the sum deposited to the credit of the Escrow Fund and held in cash pursuant to Section 1(b)(ii), will be available -5- to pay the. principal of and 'interest on the Outstanding Bonds as the same mature and become due. If for any reason (other than the-Escrow Agent's own_negligence or default hereunder) the amounts on hand in the Escrow Fund shall be insufficient to make such payments as they become due and payable, the City shall timely deposit in the Escrow Fund, from any lawfully avail- y able funds of, the City, such additional amounts as may be re- quired to meet fully. the amount so about to become due and payable. Notice of such insufficiency immediately shall be given to the City by the Escrow Agent, but the Escrow Agent shall in no manner be responsible for the City's failure to make such additional deposits. Section 5. The interest earnings and income from the Federal Securities listed in Exhibit A shall not be invested or reinvested by the Escrow Agent or the City. The Escrow Agent shall maintain the Escrow Fund until the date upon which said _ Outstanding Bonds are fully paid as to principal and interest, whereupon the Escrow Agent shall sell or redeem any remaining Federal Securities and shall remit to the City the proceeds thereof, together with all other money, if 'any, then remaining in the Escrow Fund. Section 6. The Escrow Agent shall continuously secure all uninvested money in the Escrow Fund with direct obligations of the United States of America having market value at least equal to said uninvested money. Section 7. The Escrow Agent shall not be liable or respon- sible for any loss resulting from any investment made in the Federal Securities Section .8. The Federal Securities and all amounts due therefrom shall be and .remain the property of the Escrow Fund, and the-City and the owners of the Outstanding Bonds shall be -6- r j entitled to the preferred claim, and shall have the first lien, upon such Escrow Fund and the Federal Securities and amounts due therefrom enjoyed by a trust beneficiary. The amounts re- ceived by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the City, and the Escrow Agent shall have no right or title with respect thereto except as trustee and escrowee hereunder.. The amount so received by the Escrow Agent as trustee and escrowee under this Agreement shall not be subject to checks or drafts drawn by the City. Section 9. The Escrow Agent, as a paying agent (place of payment) for the Outstanding Bonds shall, from time to time, as necessary, provide for the payment, when due, of the principal of'and interest on the :Outstanding Bonds on each interest and principal payment date for the Outstanding Bonds. The Escrow Agent shall use the money in the Escrow Fund and principal amounts maturing and the interest accruing and payable on the Federal Securities for such purposes, as provided in this Agree- ment. Also the Escrow Agent-shall make such amounts available to the First State Bank of Denton, Denton, Texas, the other paying agent (place of payment) for the Outstanding Bonds, as are necessary to pay, when due, the principal of and interest. on the Outstanding Bonds which are presented for payment at the First State Bank of Denton so that no default will occur in the prompt and timely payment of such amounts when due. The Escrow Agent shall destroy all paid Bonds, and all paid interest cou- pons appertaining thereto, and shall furnish the City with an appropriate certificate of cancellation or destruction. Section 10. Promptly after P4ay 1, 1978, and semiannually promptly after each Plovember 1 and May 1 thereafter so long as the Escrow Fund is maintained under this Agreement, the Escrow -7- Agent shall forward by letter to the City, to the attention of the City Manager. of the City, a statement in detail of the Federal Securities held, and the income and maturities thereof, and withdrawals of money from the Escrow Fund for the preceding six-month period. Section 11. The Escrow Agent shall not be liable or respon- Vsible for any act .done or step taken or omitted by it or any _ mistake of fact or law or for anything which it may do or refrain from doing, except for its negligence or its default or. failure in the performance of any obligation imposed upon it hereunder. The Escrow Agent shall not be responsible in any manner whatsoever for the recitals or statements contained in the Bonds or the Outstanding Bonds, or any proceedings taken in connection therewith. Section 12. The Escrow Agent shall have no responsibility to any persons in connection herewith except those specifically provided herein and shall not be responsible for anything done or omitted to be done by it except for its own negligence or default in the performance of any obligation imposed on it hereunder. The Escrow Agent, except as herein specifically provided for; is not a party to, nor is it bound by nor need it give consideration to-the-terms or provisions of any other agreement or undertaking between the City and other persons, or any agreement or undertaking which may be evidenced by or dis- closed by any items included among the deposited property, and " the Escrow 'Agent assents to and is to give consideration only to the terms and provisions of this Agreement. Unless it is specifically otherwise provided herein, Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of -8- performahce of the City with respect to arrangements or con- tracts with others, with the Escrow Agent's sole duty hereunder - - being to safeguard-the-Escrow Fund and to dispose of- and deliver the same in accordance with this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow 'Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the City or any other person such reasonable "addi- tional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may inquire. and consult, among others, with the City at any time. Section 13. This Agreement is between. the City and the Escrow Agent only and in connection therewith the Escrow Agent is authorized by the City to rely upon the representations, both actual and implied, of the City in connection with this Agree- ment and the Federal Securities, and the Escrow Agent shall not be liable to any person in any manner for such reliance. The duty of the Escrow Agent hereunder shall only be to the City and the owners of the Outstanding Bonds: Neither the City nor the Escrow Agent shall assign or attempt to assign or transfer their interest hereunder or any part hereof. Any such assignment-or attempted assignment shall be in direct conflict with this Agree- ment and without effect. Section 14. The Escrow Agent may act upon any written notice, request, waiver, consent, certificate, receipt, -9- authorization, power of attorney, or other instrument or docu- ment which the Escrow Agent in good faith believes to be genuine and to be what it purports to be Section 15. Any notice, authorization, request, or demand required or permitted to be given hereunder to either party shall be in writing and shall be deemed to have been duly given when mailed to the appropriate party by registered or certified mail, postage prepaid addressed as follows: City of Denton, Texas 215 E. L2cKinney Street Denton, Texas 76201, or First National Bank in Dallas c/o Corporate Services Department 1401 Elm Street Dallas, Texas 75283 The United States Post Office registered or certified mail re- ceipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten (10) days prior notice thereof. Section 16. Whenever under the terms of this Agreement the performance date of any provision hereof shall fall on a day which is not a legal banking day, and upon which the Escrow Agent is not open for business, the performance thereof on the next succeeding business day of Escrow Agent shall be deemed to be in full compliance. Whenever time is referred to in this Agreement it shall be the time recognized by Escrow Agent in the ordinary conduct of its normal business transactions. Section 17. Time shall be of the essence in the perfor- mance of obligations from time to time imposed upon the Escrow Agent by this Agreement. -10- Section 18. This Agreement shall inure to•the benefit of and be binding upon the parties hereto and their respective personal representatives, successors, and assigns. Section 19. The Escrow Agent hereby acknowledges that it has received, and will retain out of the Bond Pioceeds de- posited into the Escrow Fund, as a reasonable and proper cost of issuance of the Bonds (administrative costs), the sum of $38,908.OO,which is a lump-sum amount which will compensate it for, and has been determined. to be equal to the present value of, ali of its services and expenses as Escrow Agent, throughout the term of-this Agreement; and it is agreed and understood that no additional moneys will be due the Escrow Agent or the First State Bank of. Denton for~any of its or their services, costs, charges and expenses in connection with this Agreement, the Outstanding Bonds and the Federal Securities. Section 20. In the event any Outstanding Bond shall not be presented for payment when the principal thereof becomes due, either at maturity, at the date fixed for redemption there- of, or otherwise, or in the event any coupon appertaining to any such bond shall not be presented for paymeht at the due date thereof, it shall be the duty of the Escrow Agent to hold funds sufficient to pay such bond or coupon, without liability for interest thereon, for the benefit of the owner of such bond or coupon, as the case may be, who shall thereafter he restricted exclusively to such funds for any-claim of whatever nature on his part with respect to such bond or coupon; provided that any funds, which shall.be so held by the Escrow Agent and which re- main unclaimed by the owner of the bond or coupon not presented for payment for a period of four years after the date on which such bond or coupon shall have become payable shall, to the -11- • extent permitted by law,'upom,request in writing by the City, be paid to the City and thezeafter the owner of such bond or coupon shall look only to the City for payment, without any interest thereon, and the Escrow Agent shall have no responsi- bility with respect to such moneys. Section 21. In case at any time the Escrow Agent or its legal successor or .successors should become unable, through v operation of law or otherwise, to act as Escrow Agent, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith and ipso facto exist in the office of Escrow Agent, and the City, by an instrument authorized by resolu- tion of its City Council, shall appoint an Escrow Agent to fill such vacancy. After any appointment by the City, it shall cause notice of such appointment to be published at least once a week for two consecutive calendar weeks in a financial pub- lication of general circulation published in The City of New York, New York. if no successor Escrow Agent shall have been appointed by the City within 60 days, a successor may be ap- pointed by the owners of a majority in principal amount of the Outstanding Bonds then outstanding by an instrument or instru- ments in writing filed with the City Manager of the City, signed by such owners or by their duly authorized attorneys-in-fact. If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this Section within three months after a vacancy shall have occurred, the-owner of any Outstanding Bond may apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent. -12- Every successor Escrow Agent appointed in pursuance of the provisions of this Section shall be a corporation or a national bank authorized to exercise corporate trust powers, having a combined capital and surplus of at least $25,000,000, if there be such a trust corporation or national bank willing and able to accept the duties of Escrow Agent on reasonable and custom- ary terms. IN WITLIESS WHEREOF, the City has caused this Agreement to. be executed in multiple counterparts (each of which shall be deemed an original) by its Mayor, sealed with its corporate seal, and attested by its City Secretary, and First National Bank in Dallas, Dallas, Texas, has caused this Agreement to be executed in multiple counterparts (each of which shall be deemed an original) by one of its Assistant Vice Presidents, sealed with its corporate seal, and attested by one of its Assistant Cashiers, all as of the date and year first above written. CITY OF DENTON, TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) FIRST NATIONAL BANK IN DALLAS, Dallas, Texas By' Assistant Vice-President ATTEST: Assistant Cashier (BANK SEAL) -13- EXHIBIT A PLATE III C ITY OF DENTON TEXAS SCHEDUL R M L CATIONS N DS Investment Principal Investment Investment Maturity Amount Interest Investment Principal DT a te Invested Rate Interest and Interest , ~ ~ 11-01-78 1,057,600 $ 387,466.57 1,445,066.60 5-01-79 34,400 329,255.51 363,655.51 11-01-79 1,104,300 329,255.51 1,433,555.50 5-01-80 10,500 329,255.51 339,755.51 11-01-80 1,094,600 329,255.51 1,423,855.50 5-01-81 0 329,255.51 329,255.51 11-01-81 1,069,000 329,255.51 1,398,255.50 5-01-82 0 329,255:51 329,255.51 11-01-82 1,034,300 329,255.51 1,363,555.50 5-01-83 0 329,255.51 329,255.51 11-01-83 999,400 329,255.51 1,328,655.50 5-01-84 0 329,255.51 .329,255.51 11-01-84 969,200 3.108% 329,255.51 1,298,455.50 5-01-85 b 0.000% 314,194.14 314,194.14 11-01-85 816,700 7.650% 314,194.14 1,130,894.10 5-01-86 0 0.000% 282,955.37 282,955.37 11-01-86 851,000 7.680% 282,955.37 1.,133,955.40 5-01-87 0 0.000% 250,276.97 250,276.97 11-01-87 893,500 7.710% 250,276.97 1,143,777.00 5-01-88 0 0.000% 215,832.54 215,832.54 11-01=88 932,400 7.730% 215,832.54 1,148,232.50 5-01-89 0 0.000% 179,795.28 179,795.28 11-01-89 929,300 7.760% 179,795.28 1,109,095.30 5-01-90 0 0.000% 143,738.44 143,738.44 11-01-90 977,200 _ 7.780% 143,738.44 1,120,938.40 5-01-91 0 0.000% 105,725.36 105,725.36 11-01-91 393,100 7.800% 105,725.36 498,825.36 5-01-92 0 0.000% 90,394.46 90,394.46 11-Oi-92 397,500 7.810% 90,394.46 487,894.46 5-01-93 0 0.000% 74,872.09 - 74,872.09 11-01-93 402,300 7.840% 74,872.09 477,172.09 S-Oi-94 0 0.000% 59,101.93 59,101.93 11-01-94 410,200 7.850% 59,101.93 469,301.93 5-01-95 0 0.000% 43,001.58 43,001:58 11-01-95 421,500 7.870% 43,001.58 464,501.57 5-01-96 0 0.000% .26,415.55 26,415.55 11-Oi-96 294,000 7.880% 26,415.55 320,415.55 5-01-97 0 0.000% 14,831.95 14,831.95 11-01-97 302,400 7.900% 14,831.95 317,231.95 5-01-98 0 0.000% 2,887.15 2,887.15 11-01-98 73,000 7.910% 2,887..15 75,887.15 TOTAL $15,467,400 $7,946,578.30 $23,413,978.00 Note (1) ' $387,049.50 will be .put in Escrow in cash from Bond proceeds to pay interest on outstand ing Bonds on 5 -1-78: A-1 FORM OD ataa JU OJI.nrr' „viv r'V r, r'Vr, 1. nlHJC MIVV IJJUL yr DeOt. or .ne i reJn.•v . evr. of me n,mi.; Deot U.S. TR EASURV SECURITIES - - .- _ cue".~wv tvr/I STA iE AND LOCAL GOVERNMENT SERIES To: federal Reserve .Bank or Branch at ~ Dallas, Texas 1. Pursuant to the provisions of Department of tree Treasury Circular, Public Debt Series No. 3J2, current revnron, the undersigned hereby subscribes for the purchase of tree !ollowmg Securities: a. ® United States Treasury Certificates of Indebtedness -Stateand Local Government Series ISCHEDULE t) 1,057,600.00 TOTAL AMOUNTS h. ® United States Treasury Notet -State and Lowl Government Series (SCHEDULE 2) 8 876,900.00- - TOTAL AMOUNTS s c. ® United States Treawry Bonds -State and Lowl Government Series (SCHEDULE 3P 5,532,900.00 TOTAL AMOUNT 5 GRAND TOTAL S 1$,467,400.00 as described on the attached schedules, which are incorporated by reference to this subzcrip lion, to De used as entrees on the books of the Bureau of the Public Oebt, Department of the Treasury. 2. The undersignetl certifies that the total investment (I) consists only of the proceeds of obligations described in Sec lion 1030) Of the Internal Revenue Code, and (2) a not more nor less, within au Uron red multiples (51 000 m n mum and c c Is I $100 over such amount). duet fly zuolect to y~elo restrictions under Section !03(c) of the Code and the em lNO s ~ssuen thereunder, except for any portion lhereol required for a payment due less than d5 tlays Rom the pate zettlenient is mane for the securities subscribed for. ' 3.. The untlervgned requests that book~en try accounts be established for: Nameof-owner City~~of Denton, Texas d. The undersigned: ~ ' a. Cl submits payment in lull herewith for the above secure lies, a5 shown below. ~.~ b, (X7- requests that issuance be deferred unto - Md ~Ch RO , 1473 (not to exceed by more than 60 tlays the date nn which this subscription is reteivetl at a Federal Reserve Bank-or Branch or, where mailed, by the stamp date appeann9 on the regiztered,or certified mail envelope rn which it ii receiveo ), and agrees to make payment on that date. 5. The undersigned further certifies that the following ofhUalfs). by-title(s), are authorized, sublect to the provisions of the above Circuldr, t0 req ueit redemption Dn Or t0 mdtunty Of the Sedunt°eS (ifn0 one has been SO au thou Letl, enter (hC wUitl "nunn"). Dated this 22nd day bf March (817) 382-9601 1978 City of Denton, Texas , • (Name or Stare or Lotai Gore. v~em Rnavl sv City Manager (The issue date of the account well be the tlare specified in this subscription, provioed payment therefor .n readJy avada ble funds ii received herewith or within the time limitation Specified above. Where payment is spb milt,te Sep ra (e ly, rt uIC be accompanied bya Copy of this subscription.) F1 rSt-Ndtl0ndl tidn~C in Da~`~'dS - ~ Name of Insblution l7 Check enclosed ® Charge our reserve a/c on 3-30-78 Gty Dal l d5 State T2xd5 Other IDalet Autrionzeu signature and tale ACCOUNT NUMBERS I Applit able Interest Issue Date ~ Date creel rted to Treas. - C OF t'S: From: Through: Rate Table No. Acct. (cannot be subse~ NOTES: From: Through: quent to Issue OateJ 8ON05: From: Through. I ' FOR USE OF THE DIVISION OF SECURITIES OPERATIONS u.oo.area • By Date A-2 1 y Z _ I ~ m D ~ 0 I C o ~ m -+v+ ..~ ~} ~m it p0. O p H ~ D y r p r , t ] x r y~ V O ~ m C Z m ° Z C C ~ m 0 { n n O T O m Z O Z O 1 ~ ~ 9 v+ _I Z T m 9 O 9 ~n m y m ~ a o m ~ D y r y vy, ~ v+ < 7 77 O v O = m D < ~ ~ y 3 I m m O Z Z ~ r C < m z r O { Z D D _ D n ~O O nC Z2 ~ ~ Z mC T QJ am ~ y v 9 ~ w Z ~ n I I o cn ~ D I v r D 1 2 . ~ z O m y m y "'~ x D "I m W N I W y C o m W D m 3 ,..~ ~ D "~ 1-- I C ~. S I v i ,~ 0o p I m T 1 x m D N c S O m v D 9 1 3 m Z -1 c m Z u ? O m -1 u T L " a b ~ ~ m A _ o ,'-, ~ m ~ r. v p n ~ m ti n n ~ 3 ~_ c b ~ ~ a 7 N ~ a ~ m °_ ;q n n A 3 n C ,'^. S a " '~ 3 ~ b o x. -3 M ~ a J /j A ~j v~ c ~ d m 0 0 a ti O ~ i" a ~ o ~ ~^ ~ o ~~, o_ 0 3 0 a a a8 ~° O °~ Q _. m c '~ A 3 0 3 c r 0 f 7 -1 n L m £ -FI ~ '~ ~ ~ ~ ~ D ~1 n m ~ e-r ~G ~G m h'm C O ~ D Iu+ O Z xo ~ J -M Z `-. -, p 0 m ~ -i J o ~ D a r^ w+ m ~ X ~ O O a r. p z m s m y o _ 2 a m O ~_ ~ y -' D 9 T °i -~ O N (D a0 ~ D o vai ~ ~Z m ~ Z y 'i m z y ~ O Z i O~ = Z D O -i a ~ In D Iv 3 I ~' m Z I '~ I rn O m 0 I O S Z I ~ n I ~ D D I ~^ p I F.. Z ~ I m ~ T m ~ / y i Z D m 1 I .; 3 D D D Z ~ c ov J O n ~ 2 ?', ' D O N O m 1 n ~ y ~ p x y W 31 y o z m -i m x a H ~ 3 ~+ N D Ol - ~ x O O ~ O a w ~ y m v. .. pj C T [p ~ ~ ~ ~ cn a ~ y N 3 2 ~ ~ W m W m ~ ~ ~ y O a m D c Z Z i ~ a x O y T ti S m O Z m a m m[~ T n C"(] O zD ~ c' ; O ~ o 0 e ~ N ~-D n~ ~ C n C"~ O = n=~. m -" ~ n "e. A y ~ ~,( n ~ r a c . ;~ ~ m n ~ O ,. ~ T ° °' C n ~ Z n ~ c ~ m v d ~ y ~ b n D m m -~ c~ m N °o v ~ x m A D A n > > N "N C ~ r ~ 0 ^ n c m d ~ o ° '~ ~ -n - o ry b_ o O .D.{ O O M m y °j O ~ T n o ~ '^ O D ~ w W 3 ~ ~ c ~ a ~ o = Z ;~ m ' n y A y ~ o I it o ~ c = D `A m p Z o~ v f r O O D v r o ~ O_ ~ < - m ~ Z 3 m ~ Z G A m y m n n `n N ~.. m n 0 O C r ~ ~-. m a ~ y Z D r Z s m D tn -i '~ ~ m of -I I( ~ i.c ~ C ~ ~ D ~, p r ~ n fDr i ~ ~ O m x c z - m ~ Z O D D •n n n n p T O m Z O Z O ~ p ~ ~ y ~ Z T m ~ p ~ ~n m ~, m D N O Q C N ~ r y y m y 'G ~ 7] S O Z D p ~ p CZ's p D' _ { ~ -i .~ y ~ m m O z Z "i r N j O O C m Z ~ m D _ ~ ~ ~O 7C 2Z ~ O Z ~3 T ~ S ~~ _ y 9 ~ I i 1Ya ~ 9 ~ w lco ~ ~ 0 0 0 ~ :- ~ o cn i«... I rn ~ w rn ~ .-~ o w D J r+ l O1 i0 t0 A lD A O A I A r ~ O i V N .ice w o rn cn w A y ~ O O 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0 0 0 0 0 "'~ Z 1 m V V W a rn O~ i-+ 0 0 0 0 0 0 0 y W cn O 33 SQ S2 22 d3 ~ 02 ..~ 8~E ~ W ~ ~ m w' y ~ C w m _ e o e e o e O D ~ b -1 m 3 - . C ~ cn ~ cn ..~ cn .~ cn r• cn Off, W W OJ O] OJ OJ OJ V V W~ W N N ~ ~ 0 0 ~O l0 O 1 m T v ~--~ -i ' ' 0 i a i _ _ - _ F+ mH ' V ~ ~ ~ 0 9 -~ s CH ~^ C m9 Q< ZO rm ~ 9 a 3 i H ~ -~r m ~ 9 ; = ~ ~ n ' Q b v~ u .~ ~ ~ . a ~ p in _ _. C ? ~ i °i m N v n - L j ~ 6 `C ^ =3.`°' ~ ~ o a ~ ~ " n ~ ~ . ^ o „ 3 _ ~ r N ~ `E- c c - - ca .~ C m ~ c 3 n n ~ = ~ d H O ~_ a ~ ~ b_ ry C _ fl ro `C -. rt ~i ry x 3 ~ n " ~ rt d ~ 3 0 '~ o~ c c ..: = m ~ c m n n~ "3 y ~ ~ a < ~ o x A 3 n ~ ~ c `- _ 3 x ~ ~ a 3 ' f0 ~ o ~* > > , m ~ d m ~ ~' „ o m ~ c - -' o m o ~ °' m c m°°°•~ ~' ~ O n ~ m 3 0 0 d n ^ C ~ .~3 _. a .Q f ~ d _. ~ Q ~~ ~ y m m .n 3 a - 3 0 ~. 9 6 b _ m C _ o ~~ S ~ M ^g d ' ~ ~ _ o ? F o m _~ w ~ ~ .. _~ F m y e m 1 ~ C n v n a '~ = o ~ o~,~ ~ ~ b 3 19 v m n ~ Y b. -• b O f ® -i I'1 2 ^' v ~ ~ ~ 3 n ~ C r 7 e-r ,-r m m z O r*~~ D O O o Z r Z -1 m m ? ~~ O v. .. H JJ D 'Y m _ --1 --' O O m 2 ~ 3 ~ d ~ ~ a Z y ~ i.G 0 .. N ~ p m ~ vi ~ . -' (1 C n N (D O p m D o x d C y ~ ~ y Z Fy H ~ m ~ O Z S = ~m ~ G ' ~ ~~ I _ d y Z I~ -~ ~ ~ Irn Z Io m ~ O m I y O ' l D Z I`n O Z I~ O f7 v I A ~ D T r ~ / ~ Z D ^ m 3 ~ Z m .D p D Z m ~ O _ ~ ova D m r^ o o z v n z 3 ~. y a ~ ~ -~ O O Z y ~' O ~^ x a m ~ j O 0 ~ y x 00 y a+ w ~ ~ 1 v~ .~ ~ m _ N m n D V ~° y n cn a ~ N 3 W 07 x m C 9 z ~ v, '-1 ~ o y ~ a, z -i x 2 d m y Z 9 D y m r f a m N ~ o = o " ~ ~ - A c n m y n G Y J N n S ~ rt n d ~ S a" m o z O FO C ~' r y b ^ ~ T ^ ~ °' C ~ n _Z O p ~ a '" v ~ GI y °` D o :° N ~ 1 o m N ~~ p, m ~~ D o y d .. c C 3 v 7D m ~ { ~ Z =n Q m ~o N 's ~ N v "- S -1 19 D ~ T .~ ~p m z ~ ~ D Z E O O "` r O a (7 c D r f ? O ~ ~ z m N 37 n Z 3 '° m a Z 1 y ;, _ m a ~ ^ m n N G n O c sow ~~C LD o' 3 0 a ~-O n1 S~~ c-~a X60 v O~ o O c n A H = n m Y ~Q O ~ r m `•° N v 1y Z ti~ D Z m D C 9 °y !^ i ~~ 1 O o y D . O m n ~ ~r xC v < u m ~ v z c 3 m m O n ~ ~ T ~ T z O Z O 1 S -i S y -i Z T m 37 O n ~ m y W D D O O C ~ 9 r S y W v~ < ~ 9 O z Z o ~ o ~ p D © _ < 9 ~ C ~ m m O Z Z ~ r C K y m O r O ~ '~ z ~ ~ i i ~ D Dn ~' O nc Z Z ~ O Z © ~ T ~ D ~ y V 9 ~ m z ~ n w ~ <n ~ O D O -i z m V S V y .~ -1 ~ 9 D m W y 1 w m O D ~ m 3 D ~ i '~ ~ ~ ~ W A' K D m T z ~-+ y ~ O~ r DZ m ` H i O cy vi m9 O< zo rm <9 D H Z I ~ } S-K n ~ ~ 2 N f b C G p ~ o U .. ~ ~ J G ~ N ~ N N ~; J C c a b N 3 b J ~ n - ~ 3 19 _ b m m ~ O ti ~ O n n ~ O b o,~ 3? b n ~ c ~ n = J ~ .~ o m m c 3 ° 3 ~ d N b ~ J ~ b J ~ d A O j - n n ~ A n x 3'n'° A '~ b C O. Q=~~ A 1 P ry '° 3 n b ~ J b ~ ~ o x '" ' 3 G = M O °-'~3 x~_5 b 3 ' fD 0 o A O ] .~.. m ~ ~ b ~~~ m b ~ n J H c -r " o m o J °' N Qn~ ~ b K r b_ J O o ~ r =3 3 0 0 ~, rv n C O ~ 3 =. b c ~ J b 4 ~°' _. , Q ~~ n ~ ~ n ~r3 o 3 0 r. a a d c - O __ __ .c T ~ ~ N w n rv b ~ _ o J F o m J n j F m -~ c m n a re b A n '~ = o V J' m' G .. ~C > u i° o n n ~ J~ ~ b Mw] Q a m c cQp M ~~D o' ; n -~ ~ 9 -O c 1° z o- C o°. N p C1p ~~A ~` A n°N ~ a o5 6 ~ ~ b C J M n > 1 m a °", N ~ C ~ o~ m s o O ~ ~ r ~`, d O ^ A T n J 6 Z `^ r ~ b '~ v R m °~ D s ~ '~ ~, n fA .Jn R ~ 31 v'M D b. N .. c C 3 v S m n { w v Z O. Q ~~ m 'i o N AJ I b y ~ ~ 1 ~ ~ , NO m o_~ 2 f o v '" a r a 0 c D r f ~ n Q ~ ~ ~ m _ ~ S 3 m C Z ry "'~ N ;,__ m d g m a N n fJi 0 O e 'n n r G ~N m b C ~ A r m ~ jNN a ® -~ m z m m Z O r+ `~ `< D O O o f'F m y ~ ~--~ ~ ~ Zm 2 ~ x ~ ~ < O Z y o y O m x ~ .' y ~y m T v O ~ n D T ~n c (7 N ~ ~ O wO N D ° a ~ a C y ~ y Z c -~ y _ O ~ O ~ S Z ~ T ~ G a D ~ ( V 3 a y Z '(71 -~ . O I~ Z -i (O m ~ m I O y ( O D v ~ "' I `-. Z ~ a O i D F r Z ~ D ~m m Z 3 D O D Z ~ m O ~ O 'a ~ 2 O m m o -s O n _.. y x D ~ m `~ m 1 p ~ O 2 y ~' O ^+ x a T ~ J O O ~ y x oo y °' w 3 C -1 y ~+ CJ W S y m n D ~ °~ y n N d N ~ m ~ O w x ~ 2 ~ y -1 W O ~ D J+ ~, H a s m y s y m E 1y I 2 ~~ r Z D n3 m D •m ~ C O ~ O y m -.,.~ pD rD i =m O ti ~ - ~r ~ " O ~a ~C) 4~ ro D ~ x ~' a In O c m a ~ ~ Z m c C m O ~ ~ O m O T 2 O 2 O ~ ~ i s {n .~ Z T m ~ O s In m y to ~ D O D to ~ O C v+ r S In m N < O 31 O ~ m n O = m D < -1 ~ y 3 ~^ ~^ O z Z -~ C < m Z O :~ D Z D A N N O C) C 22 my oz ~3 sm m N I H ~ ~ Il Z ~ W N A A A W W iD Cp l ~p y ~ O tD N ~+ O l0 t0 V N W D J N A r O N V W V lO N r J A O Cn N W cT r' N W A D J o 0 0 0 0 0 0 0 o c~ 3 J 0 0 0 0 0 0 0 0 0 0 O' C 2 1 2 -i V V V V V V V 'V V V m 9 l0 OJ O N O !b W V V , V m O W V (n .A 1-+ O OJ 01 w rn \ D m W fA 1 y w C ~ i m 3 r+ .~ .~, r+ .~ ~. ~ w-. r C 1 I 1 1 1 ~ 1 1 1 I ~ 1 1 ~ 1 C 1 ~ i I ~ ~ io ~ ~ ~ io ~ ~ ~ ' m < V Qi Ul A W N ~-+ O W D m i ~ ! ~ m a r y ~ ~. o _ _ _ ~ >Z f+ 1 -1 T~ V e ~ 3 -1 O 9 v m Cy ~c my OC. 20 rm <9 D y m 2 H 9 -F1 m c b N a o °- m n n ~ b 3 Q ~ n ~ =o ,~ " ~ _~ b N C ~ ~ b ' A~ n , in b m ~ i ~ _?~~ O O 3 y b b A c i ~ b ap~i b n: A 0 3 N ` mob- i M v ~ d -^ I _~ - , ~'~ a' 1 ~ ~ 3 I ~ N . b m .. ~ 3,^'~ .~0. 1 O ~ 3 m N ~ b _ `~ Q b ~ m - b c ~.o ^_ N X ,.. n r 3 ~ Q ~ ~ 9 N b n d c m n o ~ ~ o ~° O O C b v °3 o c 3 1D n b ~ O =3 C r o d F ~ _. ~ ~ J ~ b ~ o _3 ^. o b 3 ~ a d `° ~ c. . 6 r .~ A -C ~ e N A C - ~ J ~ C O N F _ ~ m ~ .b ;~ o J b m ~ ~ m n f i ~ - i n c = G ~ -' nb - o ~ ~' ~ b ~ ~ Q m m © ~ _ ~ pin D m ~ m ~ s r+ rr ~~ m C O o D i JO Z { ~ 20 2 i Inv S ~ --~ -' p D ~ Km y T rD O O O a ~ O zm Z m ~ d~ m ~ o Z ^' m ~ -'• v y ~ D 9 _ O T ~ ~ O _ ~ (~ -'~ O x O O ~ p H ~ y 2 ~ v~ y ~ m F Z ~ ~ O ~ I ....T 2 ~ 2 D ~ G ~ p ~ D ~ V m 3 I In m cn 1 i O Irn T O Z ' m o I m i O I ~ v I I.+ z Z I A O (' ~ ~ T ./ y/ r 2 s D ^ 3 Z m D D o Z ~ m ~ pvT~ D ~ • 2 pZ p n m y I^ O `t a x 3 w w ~ D o w y ~ m -'1 K O rD rn ~ O w o ~ to w y to r-+ J C H O V W n m ~ d 77 D N ~ ~ n ~ F n m o 9 ~ C y Z w O ~ Q ~ Z T "'' 7C S ti m 0 f 2 m D N r D QCT ~ ;~O N °_n ~ o' 3 o..1 ^ o ~ o p m e~~ Cd C 9~~ ~ ~~s - ~' a ~; ~ n. x a ~ - O<" b b ~ a N ~ 1 n n a ~ ~~ _ v~ m a~ v x o ~ a r m `C lyl 0 b T 0 m b C ~a Z ;~ m b v m N v o D O < o rv ~ r ~ 3 m o ~ y .'. ~ n y 37 o . ~^ o m N b N C 3 N`c 31 y.n J n ~ ~6 Z m o' ~ O -~ ~ !A m ~ ~ N y. 2A D T ~ ro m ~g D Z fo ~ "~ r A O D o r- f O S m _ ~ Z " 3 A m c 2 ~ ~", u ~ m n N n n n 0 v O p In ;, n n ' m n , ~.., O b O ~* r ~Nm ro W L -'d -~ N I Z D r2 ~3 mD ~m c O ~ O N T M ~ ~ ~ m O o ~ ~ r ~ ~O ~n ru ~ x a H O ~ m 4 9 z 3 c C 2 O 0 D Dn rn n ti0 nc ZZ m y OZ ~~ a m ~ H tsa Z n V y w D ~ o ° a 0 3 O c Z -~ v 1^ ~ m ~--~ N ~ D m W N ~, c O m ~ V D W „ ,1 m D ~ .- -~ 1 C •~ ~ iD -i ~ 0 T n N 1„+ ~ 1 0 ""' 1 > z v yy m W o 3 H T I O 9 a m C vni HC mD O~ zo rm ~~ s i H n p b ~ c C o,o °-- b _ n f' ~ b b 3 °_ o~ o ~ _ n N ~ ~ ~ ~'_A _,~N b M n A ~ A to °' !° n pa~o ~c ,; _ o ~ R b o p 3 b = ~ O.O ~ b :.~ n non p 3 n b 0 3M'c " 6 7 N ~ v o ~ ~. m a ? z __ ~ c ~ n 1D ~ ~ 3 c ~ ~ ~ ~ b = .-. ry y„Rd `° ~ ~ x ?' o S 3 3 m N c .`c=M3 as S~ n ~.~ ~ n x ~ ~ 3 ~.~ m o ,~ a o •,~ d Nd~ y O m p -~ n O m ~^ J b . ~ O 6 ~~~ 0 b ~ Q a`3N ?: 0 0 n n ~ O c ~ 3 O ~ o d f - a _. < ,~ m m _„ A ~ 3 D 3 3 v'~m b ~ r - p c _ b ~ ~ ~ ~ ~ b m M c - rt c O m ~ p_o "~_ ~a m O b m ~ ~ m n f ~ o ~ Q b = m c a ~ c'a d o ~ d n ~ o n m _ ~ o ~ ~ D 7 m A m ~ P1 tY ~~ m C D O ~ o O Z { 7 2 0 Z J~ O m ,. J M O "m n ~ w e* 31 z~ m z vl o m m ~ ~ ~' O t ii o'y s ~ ~ ~ O m m JO C D O X O . o-- C N ~' Z ~ o' i N ~0 Z 77 S 2 ' ~ D G -i o y Iv a ~ 3 I cn a m N i 1 O I o~ T Io m 9 O m ' O O I ~ I ~ ~ Z ~ A .~ O .~ ~ r Z D S ~ m ~ Z D D O Z n m a ~~ D ~ w ~oN' O m 9 n a c~ ~. ~ N W ~ D o z H ~ O X d N m -i ~* O m ~ ~ ~ T O O w ~ N a S C N ~ a ,i . m N 2 ~ W n m cn d 37 N ~ n ~ o ~c- m n w ~ O ~ C vi z o m ~ z o T x- = N Z m z D N m 0 f , a ¢o„ c ~np H ay ~ o' ; p ,~ o n ~~~ o vo ~ °~ ~ ~~a _ _. ova M ,~ _ , n ~°, o,~ u b b v a >• ~ n nd ~ ~c = ~'~ m O m Q F O C n f b ry O n m b C ~a Z a m n_ O n ~ N o• o D o c O m ~' m o~ y. ~^ .i o X' m ~,~ D d C ~ ~' { A °-~ O _ n Z ~ O A o 1o y m ~ fn b c ~ -i -z m --I o m o'~ D v F O z O a D 6 ~. f ~ n 0 s m ^ 3 o m Z n 1 _M. y M1 b ~ d m n y p n O v ' ° n n n iN m ~ O b ~O C o " r IN m n cw D D f1 n n A O T O m Z O Z O 1 S -~ S to _1 Z T m 9 O s In m N m ~ D O ~ C vDi ~ r y v, y {~ { '~ 77 O ~ O = w D { S ~ C 3 N m m O Z Z 1 c h m z O < T Z A :~' .i .; - - ;; Payment Period 5-1-78 i1-1-78 5-1-79 11-1-79 5-1-80 11-1-80 5-1-81 11-1-81 5-1-82 11-1-82 5-1-83 11-1-83 5-i-84 11-1-84 5-1-85 11-1-85 5-1-86 11-1-86 5-1-87 11-"1-87 5--1-88 11-1-88 5-1-89 11-1-89 5-1-90 11-1-90 5-1-91 11-1-91 5-1-92 11-1-92 5-1-93 11-1-93 5-1-94 11-1-94 5-1-95 11-1-95 5-1-96 11-1-96 5-1-97 11-1-97 5-1-98 11-1-98 CITY OF DENTON. TEXAS Principal $ 1,058,000 1,070,000 1,084,000 1,096,000 1,110,000 1,124,000 1,143,000 1,002,000 1,020,000 1,045,000 1,065,000 1,040,000 1,065,000 455,000 455,000 " 455,000 455,000 455 , 000 315,000 315,000 75 , 000 Interest 387,049.50 387,049.50 363,587.75 363,587.75 339,782.75 339,782.75 .315,752.50 315,752.50 ' 291,429.00 '291,429.00 266,942.75 266,942.75 242,351.25 242,351.25 221,548.25 221,548.25 198,448.75 198,448.75 174,493.75 174,493.75 149,543.75 149,543.75 124,440.00 124,440:00 99,875.00 99,875.00 74,737.50 74,737.50 61,667.50 61,667.50 48,525:00 48,525.00 36,675.00 36,675.00 26,287.50 26,287.50 15,862.50 15,862.50 8,550."00 8,550.00 1,875.00 1,875.00 $16,902,000 $6,898,850.00 EXHIBIT B PLATE II Total" 87,049.50 1,445,049.50 363,587.75 1,433,587.75 339,782.75 1,423,782.75 315,752.50 1,411,752.50 291,429.00 1,401,429.00 266,942.75 1,390,942.75 242,351.25 1,385,351.25 221,548.25 1,223,548.25 "198,448.75 1,218,448.75 174,493.75 1,219,493.75 "149,543:75- 1,214,543.75 124,440.00 1,164,440.00 99,875.00 1,164,875.00 74,737.50 529,737.50 61,667.50 516,667.50 48,525.00 . 503,525.00 36,675.00 491,675.00 26,287.50 481,287.50 15,862.50 " 330,862.50 8,550.00 "323 ,550.00 1,875.00 76,875.00' $23,800,850.00 RESOLUTION J ~ ~ E: AUTHORIZING EXECUTIONLOFIAI~TRUSTEE AGREEMENT THE STATE OF TEXAS. . COUNTY OF DENTON CITY OF DENTON WHEREAS, it is necessary and advisable that the City enter into the Trustee Agreement hereinafter authorized with The Fort Worth National Bank, Fort Worth, Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: " Section 1. That the Mayor and City Secretary are author- -- ized and directed; for and.on behalf of the City, to date, sign, ' and seal, and otherwise execute a Trustee Agreement in sub- stantially the form and substance attached hereto and made a part hereof for all purposes. Section 2. That, upon execution, said Trustee Agreement shall be binding upon the City for all purposes. ment of the costs and expenses of the issuance of the City of Denton Electric .System Revenue Refunding Bonds, Series 1978, dated March 15, 1978, in.the principal amount of $19,255,000 set forth in Exhibit B to said Trustee Agreement, and directs that said amounts be paid to the respective parties set forth in said Exhibit B in accordance with the terms ofr said Trustee Agreement. ,~ t ~~ - CERTIFICATE FOR RESOLUTION AUTHORIZING EXECUTION OF A TRUSTEE AGREEMENT 'THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as .follows: 1. The City Council of said City convened in REGULAR MEETING ON THE '21ST DAY OF MARCH, 1978, at the Municipal Building (City Hall), and the roll was called - of the duly.constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Elinor Hughes, 24ayor Bill Nash Dick Stewart Joe Mitchell Mary Claude Gay- and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other usiness,~ the following was transacted at said Meeting: a written RESOLUTION? AUTHORIZING EXECUTION OF A TRUSTEE AGREEMENT was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after•due discussion, said mo- tion, carrying with it the adoption of said Resolution,~pre- wailed and carried by the following vote: .AYES: All members of said City Council .shown present above voted "Aye". NOES: -None. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows fnis Cer;'iicat'e' that aid Resolution has been duly recorded in said City Coun- cil's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified,. and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and .sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meet- ing, and that said Resolution would be introduced-and consider- ed for adoption at said Meeting, and each of said officers and members consented,•in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the-time, place, and purpose of said Meet- ing was. given, all as required by Verron's Ann. Civ. St. ' Article 6252-17: 3. That the Mayor of said City has approved,.and hereby •approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and "the City Secretary of said City hereby declare that their signing of this Certificate shall consti- tute the signing of the attached and following copy of said Resolution for all purposes. SIGNED A/ND SEAL D the 21st day of March, 1978. ~, .- \~.;, City Secretary y_ i Mayor -~ CSEAL)w ..• ~ r t` ;t y `ti ' ~_ > ~~ _ ~~ z TRUSTEE AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THIS TRUSTEE AGREEMENT (the "Agreement") dated the 30th day of March, 1978, made by and among the City of Denton (the "City"), in Denton County, Texas, a city duly incorporated and functioning under the laws of the State of Texas and its Home Rule Charter, and which is authorized to issue bonds under the provisions of Vernon's Ann. Tex. Civ. St. Art. 1118n-12 (the "Act"), and The Fort Worth National Bank, Fort PTorth, Texas, a national banking association, organized and existing under the laws of the United States of America, having its principal office in the City of Fort Worth, in Tarrant County, Texas (the "Trustee"): W I T N E S S E T H: WHEREAS, by a bond ordinance passed on March 21, 1978, City Council of the City duly authorized the issuance., sale, and delivery of an issue of refunding bonds, to-wit: City of Denton Electric System Revenue Refunding Bonds, Series 1978, dated March 15, 1978, in the principal amount of $19,255,000 (the "Bonds"), authorized by an ordinance hereinafter called the "Bond Ordinance", a certified copy of which has been filed with the Trustee; and WHEREAS, the `City has made arrangements for the Trustee to purchase "Reserve Fund Securities" and "Contingency Fund Securities", all as hereinafter defined, with part of the pro- ceeds from the sale and delivery of the Bonds; and -1- T ` ~' WHEREAS, .the Trustee is a commercial bank which is a qual- ified depository and which possesses and is exercising full trust powers and is otherwise qualified and empowered to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual Agreements herein contained and the sum duly paid by the City to the Trustee hereunder, the parties hereto mutually undertake', promise, and agree for themselves, their respective represen- tatives,. successors, and assigns, as follows: Section 1. (a) The Trustee represents and acknowledges that, concurrently with the execution of this Agreement, First National Bank in Dallas, Dallas, Texas, as Escrow Agent under that certain Special Escrow Fund Agreement dated the 30th day of March, 1978, between the City and said bank, relating to the defeasance of the City's outstanding Electric Revenue Bonds, has transferred to the Trustee, in immediately available Federal Funds, all of the balance of the proceeds from the sale and delivery of the Bonds (the "Bond Proceeds") remaining after setting aside in cash and investing part of said. Bond Proceeds and after setting aside the compensation of the First National Bank in Dallas, all as described in Sections 1 (b) and 19 of the Special Escrow Fund Agreement, and the Trustee acknowledges receipt of such balance in the aggregate principal amount of $3,048,600.00. (b) The Trustee further represents and acknowledges that concurrently with the receipt of the Bond Proceeds described in (a) above, the Trustee has deposited the accrued interest attributable to the sale and delivery of the Bonds in the amount of $43,175.00 to the credit of the Pledged Revenues Fund estab- lished pursuant to the Bond Ordinance. -2- (c) -The Trustee further represents and acknowledges that, concurrently with the receipt of the Bond Proceeds described in (a) above, the Trustee has used part of said deposit to purchase, on behalf and for the account of the City; from the United States Treasury, certain interest bearing United States Treasury Certi- ficates,,Notes, and Bonds - State and.Local Government Series, which are direct obligations of the United States of America (non-callable by the obligor), in book-entry form, in the aggre- gate principal or par amount of $2,250,000 (the "Reserve Fund Securities"), by payment of said principal or par amount to the Federal Reserve Bank at Dallas, Dallas, Texas; and that the Trustee has received book-entry ceedit for the Reserve Fund Securities from the Federal Reserve Bank at Dallas, and has credited the Reserve Fund Securities, (which are described in' Exhibit A which is attached to this Agreement and made a part hereof) to the credit of the Reserve Fund for the Bonds estab- lished initially at The Fort Worth National Bank pursuant the Bond Ordinance: It is understood that the City shall administer and use the Reserve Fund, including the Reserve Fund Securities therein, as provided in the Bond. Ordinance. (d) The Trustee further represents and acknowledges that, concurrently with the receipt of the Bond Proceeds described'in (a) above, the Trustee has used part of said deposit to purchase; on behalf and for the account of the City, from the United States Treasury, certain interest bearing United States Treasury Certi- ficates, Notes, and Bonds - State and Local government Series, which are direct obligations of the United States of America (non-callable by the obligor), in book-entry form, in the aggre- gate principal or par amount of $250,000 (the "Contingency Fund Securities"), by payment of said principal or par amount to the ' -3- Federal Reserve Bank at Dallas, 'Dallas, Texas; and that~the Trustee has received book-entry credit for the Contingency Fund Securities from the Federal Reserve Bank at Dallas, and has credited the Contingency Fund Securities (which are de- scribed in Exhibit A as the $250,000 of United States Treasury Bonds maturing in 2007 and designated as the Contingency Fund Securities) to the credit of the Contingency Fund for the Bonds established initially at The Fort Worth National Bank pursuant to the Bond Ordinance. It is understood that the City shall administer and use the Contingency Fund, including the Contingency Fund Securities therein, as provided in the Bond Ordinance. (e) The Trustee further represents and acknowledges ,that concurrently with the receipt of the Bond Proceeds described in (a) above, the Trustee has paid the costs and expenses of the issuance of the Bonds (including the Trustee's charges described in-Section=6~hereof.).~n_accor.dance~wi,th~the~d'irec.tions`of the resolution adopted by the City Council of the City on March 21, 1976, authorizing the payment of said charges and expenses and authorizing the execution and delivery of this Agreement. (A complete description of said costs and expenses is set forth in ' Exhibit B which is attached to this Agreement•and made a part hereof). Section 2. The Trustee shall not be liable or responsible for any act done or step taken or omitted by it or any mistake of fact or law or for anything which, it may do or refrain from doing, except for its negligence or its default or failure•in the performance of any obligation imposed upon it hereunder. Trustee shall not be responsible in any manner whatsoever for the recitals or .statements contained in the Bonds or any proceedings taken in connection therewith. -4- Section 3. Whenever under the terms of this Agreement the performance date of any provision hereof shall fall on a day which is not a legal banking day, and upon which the Trustee is not open for business, the performance thereof on the next succeeding business day the Trustee shall be deemed to be .in full compliance. Whenever time is referred to in this Agreement it shall be the time recognized by the Trustee in the ordinary conduct of its normal business transactions. Section 4. Time shall be of the essence in the performance of obligations from time to time imposed upon the Trustee by this Agreement. Section 5. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective personal representatives, successors, and assigns. Section 6. The Trustee hereby acknowledges that it has received and will retain out of the Bond Proceeds deposited with it pursuant to Section 1 ~^~~` (a) hereof as a reasonable and proper cost of issuance of the Bonds (administrative costs) the sum of $10,550, and that it has received •from the City the sum of $7,450, for a total amount of $18,000, which is a lump-sum amount which compensates it for, and has been determined to be the present value of, all of its costs, charges, services and expenses as Trustee in connection with this Agreement. However, the Trustee's fees as co-paying agent (place of pay- ment) for the Bonds are not covered by this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in multiple counterparts (each of which shall be deemed an original) by its Mayor, sealed with its corporate seal, and attested by its City Secretary, and The Fort worth National Bank, Fort N7orth, Texas, has caused this Agreement to -5- n be executed in multiple counterparts (each of which shall be deemed an original) by one of its Vice-Presidents, sealed with its corporate seal, and attested by-one of its Assistant Cashiers; all as of the date and year first above written CITY OF DENTON, TEXAS ATTEST: ~ ' ^~~;~r=~-.,:.>r fi~City Secretary (CITY~SEAL) _- c: -+ _=~ :, o 'cY ~' ' ~ l~,p ATTEST: By Mayor THE FORT WORTH NATIONAL BANK Fort Worth, Texas By Vice-President -- --_-~_ (BANK SEAL) -6- EXHIBIT A w :. v v ~~ ~m o Ip ,O J c+ I-.......«..... ........................ .. ~. I-. .. I-I-. I.. .. .. ~. .. .. ..mom NN NNNNNNNNNNNNNNNNNNNN 11 1 I I I ~ ~~ ~ NN NNN NNNJ (p I I I I I I 1 I I 1 I I I 1 I I I I ~' ~ I-+ r F+ N Ir r-. f+ n n A d . ~ ~ II I I I I r I-. M+ H h. I-+ H p+ V r. r. I-+ I-+ r r I-+ I-. I I I I I I I I I I I I ~ ~ d ?i In u i m H M+ N'+ . I I I I I I I I I I I I I I I I I. I p o o000000olO to to to lc ~n ~c ~c ~c ~o V~6ItA M tp In ~-. o~aD COm Nmm NOnm m~v n W Nh+OlONV01NAWNh+OtO CDV01 CIl r ~ ~.> Z J < O j~WNI-+O~O QJ d d cnfA O ~~ M . M M a a N d my ~ n {O ~ M a a n ~ 3~ a ~°'~ J .. .. .. .. .. ~ o i ~ oo uwi vW,oo o.NivcNnooooo0oo .- ~ • M M N Z d d+ M oooal i u i ~ OO 0000tH OIOOOOOO ~ WCJ a ~~-~'y-~ OOOOOOtT to Vl ' " O O O O O O O O O O O O O ~ 6 RV J O J O C n O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O l^ a H t0 J J N N N ' O d p 0 0 0 0 0 0 0 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ N ~ S 1 ? Z N ry SO 3 rl ~ d O !6 d < !D '~ OTOt OI O~Of ~ G -~tSD N.J..a _ 06)VtnWN010 V 01AW OV~rW w WN0 ~ OT t jl 10 A- ~~•d¢ OO]OND\O tlfr a ry Z[n t c o ° OfWmNTtnA W,...,Omp~OIW WA ~'J OWNOA(pN Wr~G Z - ae e o " v w `n O1 A ~* ~ d d o a W AI+ O as aeaeae ae a e a ¢a e a e a a a e a ¢ae ae ae ae ae ae aOe aWe aAe ~, > ~ J . N VI no m ay r 'fi C d _ J O.O N o,-n - N C r o o E O S~ I a I+h+F+ . I-+I"'I"' o [T ~ O NOOnO NY y '„"I-'I"+rN NNNNNNN NNN ~~ldil ry Vmml0 lp 10000~I~+NWWA(n 01V tOON NH ~ O O ~ O'O.3 "' '"° W(n (n t.ll to tT toN ~J bAG bOA[I V NtT 10NOI W L..p (TAN V WtOA W 00000 wotom < ' v <~ ~C 000 C n ~ W.. IC~tnwtcAO.-tcoo ooo oooJ .m WNOOOOVIWW O O T ~ • O J ~ WNUI V1W WtNOOQtn ' .O O O O O O O O O O O O O O ~ ~ n ~ ? < O O O O O O O O O O O O O O O O aooooo000000000000000000 ~ ~ ry H '< ,+ ~.IC. tD S J .00000o Jo, m N J nmla n ~ n H O c ~ ~o m-'- ' _ -N-- _z m m S n m ~ - m ,a m ~ N n o lz m z yq H r.m ~• Z d H ...n M . _ -, W AAtlf tTl tTO(na 01 OI Ofv .-.+M+... .. .. .... .. .. ... .+r tp tT V O V N Q7 W b O- I-+ N W ~ d N M NAV lp Yr W tnVe-010 ( A AAAtO f ~ A . a _ Z G ~ O b ly A S J _ i T N Z IOAW Nr+O W (T t JI IJI ( ~ ~ p ~ N O1 O ~•. ~+ ~. z _ N Nry,y ~ n (n tON(TN(DAO.mtTNIVOAT ~~'~~I-+N NO(n000000001~J ~~ V 0 O Z ~ ~6Er + t01-~ONA(TtTI~-~(TWOW Vb4 ivANp~bd N00 0000 ~~ J C H m m ~ Z ~ O n 0 V c *p . .. H X O d 3< Z ti ~ o o no ro- ~* c J m m v' A M O < ..... 1-. I-. I-......-..+ ............ '^ rao ~ z z t7 ~ O ! D O1 V I (n U W W 1~) h+ + N N ~ h j I+ `+ M' NOS3 r V O V (b V V I A N I-~ ~ Z lD V 8 0 O V I O~ N~ V W O t W r W t! ~ ~N. 33 WVrtp 01.+(T 6lONA O O m A n IIDD N O"V J V I -+ V I t < cf p W I-~ V.tnO 000tnVNNN ~~O ~ C Z J O O'Y tT~VV VOONV1Np - ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ O J ~y MV ma7 0 0 0 0 0 0 0 O- 0 0 0 00000000 0 000 0 Z t0 d ~ r O 00 0 000 ~C M L7 o Jr J O - il n ~ a 0. H J m N ~ - n N ~. tY N (D I ~ i--, m C « O OnSO ti J d b NNNr~. Imo. i1"'ir000tO l ~<N ~ ~ 7 ~ !p ONNV VTCnAW1-+ O tO CnNtO OtWOOtit NtOAtOWV~CnAN0t0 (A OH .. J N ~+ ~ < ~ O v . . • N OOtNWAAOJ I-'OtV~p ~I~~ W V+O~tnNO V~NtO OIa~~+W AO~VOW VWW o ~ oroa 16 wwocno v.wwov+ mWOtnOVVW..aN n ° owmWW Wtn tno WUl to JI+ ~ O ~~ T Nr+(p ~ C N J a d !q n 3 nom. A O V h+ 1+ h+ r r-+ h+ r-+ N Ir r. h+ r. I-+ h+ r F+ r-+ h+ r+ h+ h+ h+ I-+ V h+ 1~ r y+ ~ d < W VVVVVV VtT01(T Of OI O~OI pi Ol to tJt of 4tA AAA AA O A W NNr+00tOm j p O .. f n~ NC AAAIp l il m V (T V~ W N1-+10 V A1-+~O TCn to to to cn to t l C tD ~ ~ o T ~p.. ~* n N- to QA~I~+A pW~N.~~.O C~s1 ip W.W O~~WO(T UOO V NAO ~ 0 0 ~ ~~ S O iW 0 00 VAI-+p~.~O O1WO~~N~O0V6l NIpV00.00 000 iIV1 000V ~ A-1 Fp RM Pp d IS4 Dept of me (,r. aSwV eur_ or one P~; p,a Deer (Rav. JmY 19111 To: Federal Reserve Bank or pranch at SUBSCRIPTION FOR PURCHASE ANO ISSUE OF U.S. TREASURY SECURITIES - STATE AND LOCAL GOVERNMENT SERIES Dallas, Texas Pursuant to the provsions of Department of the Treasury Circular, Public Debt Series No. 372, Current revnron. the undersrgnc hereby Su bSCribeS fpr the purCh are pf the tollpwinq SPCWit ieS: a. ^ United States Treasury Certificates of Indebtedness -State and Loeal Government Seties (SCHEDULE tl TOTAL AMOUNTS b. ® United States Treasury Notes -State and Loral Government Series (SCHEDULE 2) TOTAL AMOUNT S _ .409 , SOO.OO a. Q United States Treasury Bonds -State and Loeal. Government Series (SCHEDULE 31 TOTAL AMOUNTS 2.O9O,SOO.OO GRAND TOTAL g 2r5OO,OOO.OO as described on the attached schedWes, which are incorporated by reference to this subscription, to be used as enb.es on Ine books of the Bureau of the Public Debt, Department of the Treasury. 2. The undersigned certifies that the total investment (1) consists only of the proceed O( the Internal Revenue Code, and (2) i5 not more npr lezi, within au UlOntfd mu $100 over such amount), d,rectly sublect to yield restrictions under Section !03,. thereuntler, except for any pprtion thereof re cared fbr a 1hn <e~~..:.:,.. .__._. ,.. q Pa Yr*~ent tlue lezt rheas a~ 3. The undersignetl requests that book entry accounli be established for: Name of owner-..City of Denton, Texas iescnbed m Se[hon I03(r) uumum and ,nCremen lz nl and the renulatin ni i5sue<I atC SCt tICrtrCnf is rttJUe Ior 6. The untlers~gned: a, t. 1 submits payment in full herewith for (he above secunt, e5 as shown below. "-?------.e~.b.1.-74,-requests.that,lssuance be deferred unto March 3O 1 7g which Uris subscription is received at a Federal Reserve Bank g ch or, whe~retmailed-~by bhe ptamp tlate0appear,nq~p rethe registered or certif ietl mail envelope in which it is received), and agrees to make payment on that date. 5. The undersigned further cerLfies that the following officiJlfs), by title(s), are au thonzed, sublect to the provisions of the above circular, to request redemption poor to maturity of the recur, t~e5 (if no one has been so au thontetl, enter the word "nunr••) Dated this 22nd day pf March __ 19 78 (817) 382-9601 CITY. OF DENTON, TEXAS (Name of state or Lotai Governmem Rnnvl ev City Manager rvH USt BY BANK.IN TRANSMITTING PAYh1ENT FOR ABOVE SECURITY (The issue date of the account will be the dare specified in this subscnp GOn, provided payment .therefor in readily ava dable hinds is received herewith or within the time limitation specified above. Where aym nt is 5lyyb mitte~yepa,ralely i rho Id be accompanied by a Copy Of this subscription.) 1~!e ~ort 190rth IVationaT ~dn~C ^ Check CnclOSetl Name of Inzhtu lion LA Charge our reserve aic on 3-30-78 C,ty Fnrt binrth State Tavac ^ Other tDaiet Authonted 5~gnature and I, 1!e FOR U E OF FEDERAL RESERVE BANK _ ACCOUNT NUMBERS Applicable Interest C OF I'S: From: • - - ~ Ksue Date ~ Date credited to Treas. Through: - Rate. Table No.- ~ qcp, (cannot be subse~ NOTES: From: Through: quent to Issue Cate) BONDS: From: Through. FOR USE OF THE DIVISION OF SECURITIES OPERATIONS .4Piirovea Rv Date - A-2 ^ . N I ~' ~ W ~ 1 ~ p w .r i v 2 I- ~' V ~7 ~+ y 0 D 0 c v C q h d ~ W t u W N ~ y H d Z ~ W m t y Z N W W L _© L ~ ~ ~ U ~ ; J o 7 y Q LL U O Q ~ O .. y a o Z p ~ o Q W p „ O Q W T Z F y ~ Q to m w N ° ~ Q W a a, 2 r o ~- Z a Y m ~ 0 c ~ o n ~-+ /O y Z ep X • 1 [) ~ i In O O 3'N s a.l Y X i L O O 10 0] 3 . y dl O L H dl° O J W m y Q W Z 3 O W S F W O H Z O U U Q w H O LL O ~ Y ~'U w w m = V W W p 2 O w x J ¢ M ~I ~ O _ Q T N y Y C v a qvE - L J. - ~ C Q '~ O r ~, .a a i0 W M n--. ~ c Y ~ . m 3 -_ u ... y c v c ': o 3 C u 0 N q va ~ w q ~ L y ~ " _ o = ~ ~. E ~ n o E c E o. v v m at q ~ > q C J. 4 q .~ E L ` o " V d N o ° E E q .d.. O ~ c A T fl ~~a My ~ a 0 I- v m ~ ~ .~. A C_ U A T N q ~ ~ ¢ -- ---~•~~... 1 a 0 W ' ~I a p 2 ~ L x y d Q - ~^ ... . F OI ~ ~ c w v ~ ° w v d .. E F.. E c s ~ v. m C L n Q :' o° ~ ~ W F~- E m o f- ba ~ 2 . da tq C7 te ~3I W ys £ - ~ n . . p ~ v W "c u E °'' - o I E Z v c ^I W v T w o LL ~ o n~ ,I Q. ~e c .A W vIT O ~ ..m q`u E-~ ~ ~` Z Q W , v~E» ~ 2 Z _ pla c3 ~ o~ 0 Z O Z O Z C . . O y _ ~ O L y C M T ~ ~ 10 H ~ y ~.~ ~ ,e_ 'V q c O ~ O U ~ O a m E g o h „~ W F O uZ c d v=' F.L p - ~o t\ W W Qt ~ L A r v y ~ ¢ W +~ - u` u dD W o y Z O >L =,; E~ ~ vl c A E V ~~ ~ ~ O ~ :~ ~ E a O w Io W W H I.i ' H w d ~ e e ~~ Z O S C }. O p L ~ cv ~ cu o ' O zg, ~ Q U U O ~ = w o w t o W O '^ ~. m v ~ Q Z Q C A-3 F 2 I Q Q wT I J Q z >O ~ y a~ W Q H I O ~ LL I tl ¢ Z W j. C J ~ Z i S O T HF ~ ~ ~ ~, ~ ZQ I I I J O .~ .-I .--1 Z F N 1 1 I N ti N O W -II . -1 LL y 7 0 ¢ } = Q O W U p 1 O (" Q Z Q Z 1 W ~ y 0 t.f) l0 I~ Q ~ ~ y ~ ~ O ~ ~ i 2 '^ Q O' m _ 2 "_' ^I' I^j p a Q ~ N N N m y O W~ F- .-1 .--1 .r Q Z S W Q W ~". ~ 2 Z T f" p p Z ~ W C O ~ u ~ u Q e a ~ o ~~ {y I I I ~ ~ Q y M t7 (`~ _y I `~ ' (`~ ( ('7 7 _I__.-._ ~ _ _ W ~ Q 2 I ~\° ~ ~ y O OIO W . , w ~~u'1 I I 2 _ T F p Z O > a1 o z 0 0 Q . W 0 O O o J 0 ~ Z a .; i .- ~ .-1 W Z ~I .. .r I v O.y a M I X N Q ~ I I I I I J ~ SJI m Q -1C r a I - ~ U Sd I W p I p T NI ~ fXI U I Q U I- ~ Z y CL N /^ ~ -~r ~N "'~ m Z D Z N n e z D D O ~ ° Dn v - `cam ~ n ~ddm . p ~ ~ p T O O C ~aA = = - - - 2z O y " ~ O m I 7 m " -i ~ N f 'O O l1 -. R ~~ y f] . ~m m SNC~ ~ .. r D r I y y d .. n p aD b 1 ~n C7 r+ O' . 2 ., n m -- m m ~ O~ v ~ ~ ~ cn cn cn cri a .-• ~ ~ v 07 07 ~ rn cri cn v .J D S d o 3 ~n o0 0 o v o m ~ ~ rv p r ~ n `~ n m 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 D 3 n n ~ d z 0 0 0 0 0 „ = ..~ O a 3M~ C o o ~ c c ~ j 10 N .. % - ^ c ~ n cn cn ~cn cn cn cn cn cn cn cry Z m ~ 3 ~ ,~ , N ~ ° 0 0 0 0 0 0 0 0 0 S m n ~ --~ 22 38 S2 0 aE ~ AE 2k SE S2 ~ ~ rv '~ a .i ~ o x S ~ ~ c m d m m . .~ -N 3 . C = ~ m z n :.~ m b 1C ia' 'y- -,c-3-o--, ` = _ = ° = ° _ = oW m ~+ D ~ m 3 .r ..., ~. ~. .- ... ~. ,.r a N N N N N N N N N "'~ t0 l0 t0 t0 N q W W CO "'~ W N ~-+ O l0 W V O~ Ul '~ I I I ~ I I I I h IH 9 T 9 ~1 o< 20 rm ~~ n ° o 'j ~ ~ b_ N 1r A ~d o' rt n -{ m O m ~ m m o n = ~ ~ ~ v ,°, o ~ a3n ?: o 0 ? m n ?~ O c ' 3 ~a _ ~ `~ O y F ,~ ? O~ m r m m .. y 3 O - w _. O O _' 3 ^ ~ ] b N ~ - ~ - 4 -„~ m ,,d„ d~~ ~ C O `D F G - ~ w ~ u' ~ d' o ~ m m a f y o'= ~ v ~ A c ~a.~ _d - n ;, o A ~ - rt ~ v rt m 0 O m H n = ~ m ~- m C O ~ O Z { ~, ~ m m O D JJ ~ ~ m N O O ~ m Z ~m O 1 .J y m ~ zn o n ap ~ D C y 1 ~ -z+ y O a O ,i Z ~T = Z m i G 3 ~ I V x" D 3 "' m 1 ~ O Irn T Z ~ O i "' I o S m y I O ;i D I~ O n I I ~ D c r 2 ^ ~ D Z - o r C n !++ x ~, m m z 3 y D 0 om T O 2 m D n n p C Z 1 O T -~ m p 2 D N m m r 0 ~~ ~ 7 2 O - J, ~ ~ --' O x ~ - N o 7 v rn N (~D O ~ N T '9 "'~ o ~- r O rD eY E w o oo~ ~ X r* S N f 00 cn Z -i O rt fD S X o, z V1 O! r V O Ql ~ 1•+ ~~ o a F a ¢ ,~ z ;R D ~ Oa 3 A ° o' t ~O m D ~ o'~ -a ej~ Z ~ C a°~ ~ ? c '~a D '" n Opp ' c n ~ Y ~, O O n Q N - °,~ m d ° N ~ . n N ~ ~ O m n ,', V1 O ~ c n _ ~ a~ 0 m r a C ? n ~ N 0 b ^ T ^ m ~ b C ~ Q Z o r "'~ ' ~ -d ^ ~ m O N Qo D o < N ~ o~ y 1 O N ~ o: m AM D P rn m O P n z 'a o y o y °~' o N ~ D '; o m S3 D Z f p O ~r O a°° D o r- f 0 ^ S N m Z ^ '} ~ ~l n m a Z n ~1 V7 ~, m a ~ ^ m A fn n 0 n 0 0 ~ n n d ~. _ n m u p ~ m r ;~ W m I .~ S -tt i N Z ~ 2 R p b D~ a 0 ~ 3 ~ mD rrm ~ Dn d~~-i Q o _ C z2 n' m - +,i ~ y oD oz ~ ~ ~ rv~ _ .N ~ ~ °C ~ . m ~ y ,_ G__~ M ~. _ O 09 ~ o 1 vm lL ~~d~ a' r - D ma '" O r y ~ > ~m ~ ~n D N d ~ ~ ' O . x~ v ° 3 i o I Z a O S w m~ O ~ Nm n d~ a to 3` s ~ e~~ cwn cwn w w w rn ~ D m c' o z .. ,. o N b~ ~ O m ~ a _. ~ 3 cn 0 o cn w rr o o ~ o D n n `~ a 2 0 0 0 0 0 0 0 0 °0 0 0 0 0 0 0 ~ d 3 0 0 ~ ~ ' ti [ O _. N m a ' ~ Z Q o - N ~ ~ ~ c ~ m . m a =~ x .. Z ~ ~ n m cn cn cn cn cn cn cn cn 3 cn cn m ~ m ~ wmm m w m.~ w M ~ mm m ~d~f0 0 0 0 0 0 0 O O O O Q ~ 04 A2 22 E,E 3f S2 dE ~ 2~ -'I n '~ m d " 7) ~.o D ?~_3 rt m c m ~ = M 3 Q a --- -~~ ~ _ _ n :. ~ A _ __ _ t v n-xo,-e- _ N `C ~ ] ^ W r C n~ a _ _ _ - - _ - - ° _ _ o w m m m 0 N N o ~ D D D O rv n n n 1 m n n m o,~ O ~~a O Z Z O ~ ~ ~ '- i ~ ~ 9 3 m 9 Z ]7 N! N N N N N N N ~ to m O N m - ' ~ r i r""' r+ i t r r r ~+ f+ r-+ ~+ r-+ r N C n n r-+ S ~ C D O ~ r' r r r r i t ~ O O i r N 9 O O w O N tp lp ~ ~p ~ "~ ' m t 3 ~ r a m N ~-. o~ m ~ ~ { ~ ~ O ~ O o z ~ I ~ ~ = ~ ~ z m ~ o ~ b ~ ~ { ~ -i ~ ~ ~ ~ I ~ ~ m 3 N m I ~ ~dm m O «-~ rn m w 3 Z Z N O ti o .~. y m W r dm- ~ z ti _ 6 . i' r ~ ~ :~ O < m m Z S W _ m d '^ ~ O 9 m O O n H m _ ~ 9 .n 7 _ m b ~ j N ~ A ~ C m C ~ .'^. m < nFti ~ °=d ~ o ~9 SAS n 1d~ H ,'n a m p n Z ~ ' b H A ~ Q .~~ , m z < ~' ~ °~~ D ' D m ~~ m m C ' ~ O D ' D o ~ x o r o m ~~ a S ~ -i~0 D A m N r°m ~ fD p ~ ~-. Oo. o~ m ~ O m m O Z ~ = y ~ D a T rn O o`n ~ m n N ~ O O y ~ N S Zi y Q m y0 ~ Z ~ j T = Z 0 1 G O+ ~ _ D Iv < W 3 cn a ~ m z r ~ 1 r O Irn T Z IO -1 m S y I C c m - I O 1 n - e _. _._O . I o' z O _~ Z I .{a n £ D r s ^ ~ D Z r c n m 2 ~ m m n z 3' O O m T s x m D n n O C Z -i m 2 m O Z m D y W m r O O ~ S Z O fD ~• fwo 0 o z z x ~ S N f - O O -i O rr N S x o, a ~ w v o~ rn ~ 0 ~. m y x T o mpT C ~np N °_a ,~ g' 3 n ~ o ~ a O 10 e i ~ C o°_ 7 [yam - °_; a w ~ _.~ c o. " _ n r_^ O~ ~ u o ~ N n >• 1 m ~ d N c = z .c m ~ m 0 o C ~n r d 0 ,A ~ b ~ n z r -1 m ~d v N .o D c m i 3 m ~ -i N ~ m u 3 c 70 rD n { °- ' O n Z ~o p "~ o N ~~ I c ~ -1 m '~ T -{ °' O m o ~ D Z f p O O a D o r- f O C Z ~ ~ m c 2 m ~ _ N b a ? m n N J n 0 V o ~ n b m ~V i c ~ m ~ O 0 ~ r ,~ ~..+ m I W .. -+ H z r2 ~ mD m .~ ~ no x y m ~~ D O i - -..^' ~9 ~ _ fD r ~ O ~ O . f ~ on ~ ~D n r N ~ XO O m N z 3 m 2 O n n n n ~ T ~ .T 2 O Z O ~ S ~ 31 V1 ~ Z T m 7o O S ~ m ~, m D O N D z m ~ ~ ~ In ( ~ 9 2 p Z D O ~ p n © x { ~ 3 ~ H m m O z z ~ r m ~ 2 0 ~ T 2 ~ ? 9 -fit n ~* z .a o ~ o O ,`c ` i m 3 0 ^n~ ~ y =sue ~__.~ r '^ ° _ m _ ~ „ ~ H c H ~ _ „ _ A~ n b ~. -`~ ~ " A, ~ o N " ~' ? A A b o n 3 ^ b ~ _ `° c o G ~. ~ ~ ~ .~ n n G n 3 n u~ 0 3 M,c _d ~ N ~ 0 0 ~ n ^ m u _^. m _ - x c '~ c ~ ~ ~ 3 ~ c _ m ^=,~ 3 ~ ~ 3 m d ~ ~ 0 x 3 ~ 3 M ~ ~ ~ 3 ~ d ~ n =.; ~ A x ry ~ 3 ~ a ~ ~ b N ~ _ A n 1 mo,~ ^~d c~~ ~ ~ Q y O j n ~ a ~; 0 0 m ~ d ~ D c ~ 3 a - d ~ 0 d F T r ~ ~ ~ .. d~ 3 a ^ '" _. o s ~ 3 n o ~ m N ~ L n ^ . n '. _ ~ 'C ~ ~ N n - d ~ ~ ~ c o n F i n_~ m ~ _ ~ J ~ _ ~ m ~ m' . m n f i O = ~'+ o °' ~ n c m o .~ n a O ~ ~ ~ _ b m ~ o 7 m m ~ _ -3 ~^ ~ '- ~ m ~ = z m C 1 O m ~ ~ ' ~ ' -'-. !o z ~ o n n D z o ^ ~~e ~" ~ m ~ ~ ° ~' te= ~ e . m H ~ = O p i n 0 p Q T O N Cam m D z m m Z - -~ p _ a d < ~ ~ ry y c H m X 7 N n O ~ '~ ° ` n n ? O _ ~ c O y -i V -1 Z o '~ m -i O H Z N ~ o x sO ' C O ~ N j a r x Z m D p ~` = O ti d ^ D I V ° d C { c o a Z 3 I v, _ m Z ~ ~ o T 1 O I o` ~ N ~ v o -~ z ~° $ D 1 r~ ~ m 9 O m o ~ y ~ N ~ ...I ;I IO m N 71 z ~. ~ ' D ~ N v y O b C Z S ! _ a ~. .n. \...a.- .. .... O r z A o p ~ D -~ fn ^x 3 ~ ; I y Z O~ 7 D c~ ~yl n m ' ~~ '^ R D NO m O 3 ~ m O O a o Z x 3 ~ ~ f o 0 -+ D NOO r „ H r O (1~ N p T X O T O a n o ° Z m H s ~ s 1 ~ • m ~ ~ x V 0 o, N n p m ~ ~ s ~ < D O m _ m ~ n y m - N ~ Z C 7 ti. N ~ i c O 2 1 T 7C - y ` 2 x1 m d ~ n m m V7 O. Z m °' 9 n N n y o m v r O o ', o .N ~ ~ `~ m n ~. 2 ~ m a p ~ ~ ~ T ka m ' I w r 'a - ,. O ~ xJ D ~ N -y C> rr m Y ' n O ~ ~ i2 °z ~ K m i ~ 'TJ ~ ~ R, Tm ~ m I G m~ _. I N s ~ t!~ 07 V N Cr n ~ In O N ~O A to A Cn ~ D O OO S y O O r O 0 0 0 0 0 D 3 Z H z m fJ~ Ui (r (h o m m m m g ~ 1 S D 1 m W H N c c I w C m __ _ O _ i:< ;O_ _ ~ m D _ N _ N _ N _ N ~ C i i i i O O O O < `J V P Cn O -i m T N N p -i ~ yZ .. H H m V ~ OD 3 H O x H S m CN HC mA 0~ 2p rm ~ 9 D y m ;~ EXHIBIT B CITY OF DENTON, TEXAS ELECTRIC SYSTEM REVENUE REFUNDING BONDS, SERIES 1'9'78 COSTS AND EXPENSES OF TS:S iTANC'F. Total Costs Legal: Special Counsel - Messrs. Haynes & Miller $ 19,500 Bond Counsel - Messrs. McCall, Parkhurst & 187,500 Horton "~ Accounting: .Alexander Grant & Company - 57,000 Custodian and Escrow~Agent Fees: The Fort Worth National Bank ~- --From-Bond-Ps-oceeds - _52.,.550,__ - From the City , 7,450 Fiscal Agent and Financial Consultant fee (includes all other expenses):. First Southwest Company 188,874 ~x .,» _.-- -=~ z~_.~_, . -_ __ ~.T_~ RESOLUTION 1 ~ ' l ;~! P .RESOLUTION AUTHORIZING EXECUTION OF A SERIES 1978 RETIREMENT TRUST AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON - CITY OF DENTON WHEREAS, it is necessary and advisable that the City ehter into the Series 1978 Retirement Trust Agreement here- . inafter authorized with The Fort Worth National Bank, Fort Worth, Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. That the Mayor and City Secretary are authorized and directed, for and on behalf of the City., to date, sign, and seal, and otherwise execute a Series 1978 - -_- Retirement Trust Agreement (the "Agreement") in substantially the form 'and substance attached hereto and made a part hereof for all purposes. Section 2. That the purchase price of the "Federal Securities", as defined in the Agreement, shall be determined as set forth in the preamble to the Agreement at the start of business on March 3'0, 1978. Said purchase price shall be inserted in the proper place in the Agreement and the Mayor shall, and is authorized to, deliver the Agreement to The Fort Worth National 'Bank. Section 3. That, upon execution and delivery as pro- ' vided above, the Agreement shall be binding upon the City for all purposes. 7 -~ ~\. \ - ~, i ", ., -~~ r ~ CERTIFICATE FOR - - - RESOLUTION AUTHORIZING EXECUTION OF A SERIES 19.78 RETIREMENT TRUST AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON • CITY OF DENTON . We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 21ST DAY OF MARCH,. 1978, "at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and_members_of",said_City , Council, to-wit: - " Brooks Holt, City Secretary Elinor Hughes, Mayor Bill Nash ~_ Dick Stewart Joe Mitchell Mary Claude Gay and all of said rsons were present, except the following absentees: o~iE thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING EXECUTION OF A SERIES 1978 RETIREMENT TRUST AGREEMENT, was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said mo- tion, carrying with it the adoption of said Resolution, pre- vailed and carried by the following vote: _ .AYES: All members of said City Council .shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid ~~°"--~--Reso3ution~adopted~at~the_Meeting described in the above-and-- __ foregoing paragraph is attached to and fo11o' ws th`is`Certificate;~-- that said Resolution has been duly recorded in said City Coun- cil's minutes of said Meeting;-that the above and fcregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified,. and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was • duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meet- ing, and that said Resolution. would be introduced and consider- ed for adoption at said Meeting,. and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time; place, and purpose of said Meet- . ing was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. . 3. That the Mayor of said City has.approved,.and hereby approves, the aforesaid Resolution; that the Mayor and the LL City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall consti- tute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the ~~ ~,--+=~y ; //amity Secretary _~~``~ ~-j%ijv_ _ ' . - - (SEAL) ~.: _ - ~~ .-" ~` ti 't, r 21st day of March, 1978. ayor (. 'f' it( SERIES 1978 RETIREMENT TRUST AGREEMENT THE STATE OF TEXAS COUNTY OF DEIdTOId CITY OF DENTON THIS SERIES 1978 RETIREMENT TRUST AGREEMENT (the "Agree- ment") dated the 30th day of March, 1978, made. by and between the City of Denton~(the "City"), in Denton County, Texas, a city duly incorporated and functioning under the laws of the State of Texas and its Home Rule Charter, and which is author- ized to issue bonds under the provisions of Vernon's Ann. Tex. Civ. St. Art. 1118n-12 (the "Act"), and .The Fort Worth National Bank, Fort Worth, Texas, a national banking association, organized and existing under the laws of the United States of America, having its principal office in the City of Fort 4VOrth, in Tarrant County, Texas (the `'Escrow Agent"): W I T N E S S E T H: wnY~tCr;AS, by a bond ordinance passed on Diarch 21, 1978, the City Council of the City duly authorized the issuance, sale, .and delivery of an issue of refunding bonds, to-wit: City of Denton Electric System Revenue Refunding Bonds, Series 1978, dated March 15, 1978, in the principal amount of $19,255,000 (the "Bonds"), au- thorized by an Ordinance hereinafter called the "Bond Ordinance", a certified copy of which has been filed with the Escrow Agent; and WHEREAS, it is necessary that this Agreement provide for the safekeeping and investment of money deposited to the credit of the Retirement Fund from Pledged Revenues in the Pledged Revenue.Fund, all as defined and provided in the Bond Ordinance, so as to provide funds to insure the payment of the principal of and interest on the Bonds as the same mature and come due; and -1- ~~ ~, WHEREAS, the Escrow Agent hereby agrees to provide and deposit in escrow, and to sell and deliver in installments, and the City agrees to purchase, as an ,investment of the Re- tirement Fund, and to pay for in installments, interest bearing United States Treasury Bonds, in the aggregate par or principal set forth in Section 1 (b) of. this Agreement, maturing on November 15, 2007, callable on or after November 15, 2002, at the option of the obligor, at par and accrued interest, and bearing interest at the rate of 7-7/88 per annum, payable November 15, 1978 and semiannually on May 15 and November 15 of each year thereafter (the "Federal Securities"), with the City's installment purchase ,payments to be made by the City from the Retirement Fund as hereinafter provided; and WHEREAS, the purchase price to be paid for the Federal Securities shall be $. per $100 par or principal amount C ;o'f'~each~United-*sta,tP~ m.-o~.~,.r...n__~ the date of each installment delivery to the City, which amount was determined by taking the current average asked price, not including accrued interest, from three major dealers in Govern- ment Securities for United States Treasury Bonds maturing on November 15, 2007, callable on or after November 15, 2002, at the option of the obligor, and bearing interest at the rate of 7-7/8~ per annum, plus $2.00 per $100 par or principal amount of each such Treasury Bond, which shall be the commission of the Escrow Agent for providing and selling the Federal Securi- ties; and WHEREAS, the Escrow Agent is a commercial bank which is a qualified depository and which possesses and is exercising full trust powers, and is otherwise qualified and empowered tb enter into this Agreement. -2- NOW, THEREFORE, in consideration of the mutual agree- ments herein contained and the sums to be duly paid by the City to the Escrow Agent hereunder, and in order to secure the payment of the principal of and interest on the Bonds, as the same. shall mature and come due, the parties hereto mutually undertake, promise, and agree for themselves, their respective representatives, successors, and assigns, as follows: Section 1. (a) There is hereby created by the City with the Escrow Agent a special trust fund and sinking fund for the Bonds, and a separate trust account, designated the "City of Denton Electric System Revenue Refunding Bonds Series 1978 Retirement Fund" (the "Retirement Fund"). The Escrow Agent hereby accepts the Retirement Fund, to be held in trust, and agrees to deposit the Federal Securities furnished by the Escrow Agent to the credit o'f the Retirement Fund concurrently with each install- ment delivery and payment therefor, as provided in this Agree- ment. The Escrow Agent covenants and agrees that it will, on June 1, 1978, and semiannually on each December 1 and June 1 thereafter, through June 1, 1985, deposit with the Escrow Agent for deposit to the credit of the Retirement Fund a principal amount of the Federal Securities determined as provided in ' Section 1(b). The Escrow'Agent~shall hold such Federal Securi- ties in trust and-for safekeeping in the Retirement Fund. It is expected by the parties hereto that the principal amounts maturing on the Federal Securities, and the interest accruing and coming due on the Federal Securities, together with other amounts deposited to the credit of the Retirement Furd_from the Pledged Revenues Fund as required by the Bond Ordinance, will assure that money will at all times be available to the Escrow Agent in amounts sufficient to pay the principal of the Bonds as the same becomes due, whether at maturity or upon mandatory redemption, and to pay interest on the Bonds as it accrues and becomes due. -3- ~, r (b) The City agrees to deposit to the credit of the Re- tirement Fund, from the Pledged Revenues Fund created by the Bond Ordinance, on or before June 1, 1978, and semiannually on or before each December 1 and each June 1 thereafter while the Bonds are outstanding, the amounts, respectively, as re- quired by Section 16 (c) of the Bond Ordinance. The Escrow Agent shall receive, take, and pay directly to itself on such June 1 and December 1, in immediately available funds: (i) all of each such deposit, excepting and after deducting the amount thereof required to pay the semiannual interest coming due on the Bonds on each June 1 and December 1, and (ii) all interest income from the Federal Securities previously deposited in the Retirement Fund, as an installment payment for an installment delivery of Federal Securities hereunder; and the Escrow Agent agrees and is hereby unconditionally obligated to deliver,- con- currently with each such installment payment, at the purchase .price fixed as provided in the preamble to this Agreement, the - full principal amount of Federal Securities for wnicli~ea'ch°such^ installment payment will pay. A schedule showing the exact amounts of installment deliveries and installment payments which shall be made in accordance with the foregoing formula ' is attached hereto as Exhibit A. It is agreed and understood that all of the Federal Securities purchased hereunder from the Escrow Agent, aggregating $7,912,000 in principal amount, will have been purchased and deposited in_the Retirement Fund by June 1, 1985. It is further agreed and understood that thereafter the Escrow Agent will have no further obligation hereunder to sell additional Federal Securities or other obligations to the City, and all the Federal Securities and the interest income therefrom shall be used exclusively, to- gether with $eposits made to the credit of the Retirement Fund as required by the Bond Ordinance, to secure and-pay the semi- annual interest and principal payments of the Bonds, including the redemption of.the Bonds through mandatory redemption. -4- ~. ~' /1. - (c) Title to and custody of the Federal Securities, and the right to all interest income therefrom, shall be and remain in the Escrow Agent until delivery and payment has been made therefor in accordance herewith. However, upon each in- stallment payment for any Federal Securities, title to_such Federal Securities purchased in installments and deposited in the Retirement Fund, and the right to all interest income there- from shall pass to the City for the benefit of the owners of the Bonds, as trust beneficiaries, and the Escrow Agent shall have no further rights thereto, except that the interest in- come therefrom shall constitute part of the installment payment for the next installment delivery of the Federal Securities as provided above. The Escrow Agent shall be entitled to payment for the Federal Securities solely from the deposits made to the credit of the Retirement Fund from the Pledged Revenues Fund, and from the interest income from the Federal Securities there- tofore deposited to the credit of the Retirement Fund, and shall . .-.:'riOt be Anti+loa'-+-.-. ,........°:---~~~.: ~. ~_-. ed debt is created hereby, and neither the full faith and credit of the City nor any of its funds, other than money required to be deposited. from the Pledged Revenues Fund and the interest income from the Federal Securities in the Retirement Fund, are committed to such payments. In the ..event that the City fails ,timely to make any deposit to the credit of the Retirement Fund from the Pledged Revenues Fund as required by the Bond Ordinance, so as to prevent any installment payment for the Federal.Securi- ties from being made as provided herein,~it shall constitute a default hereunder, and after 30 days notice in writing to the City, the Escrow Agent, may, at its option, cancel its obliga- tion to deliver the remaining undelivered Federal Securities ' under this Agreement. However, the Federal Securities previous- ly deposited in the Retirement Fund shall not be affected by any such default and the remainder of this Agreement shall -5- n •is remain in effect for -the benefit of the owners of the Bonds. Nevertheless, the Escrow Agent shall have the right to use all available legal. and equitable remedies, including., but not limited to, mandamus proceedings, to enforce the obliga- ' ' tion of the City to make the required deposits from the Pledg- ed Revenues Fund to the credit of the Retirement Fund; as re- quired by the Bond Ordinance, and/or to sue the City for dam- ages as a result of any default hereunder. (d) In the event that the Escrow Agent fails timely to make any installment sale and delivery of Federal Securities .upon the City's making the required deposits from the Pledged Revenues Fund to the credit of the Retirement Fund as provid- ed herein, it shall constitute a default hereunder, and after 30 days notice in'writina to the Escrow Agent, the City, may, at its option, cancel its obligation to purchase the remain- , ing undelivered Federal Securities under this Agreement. How- ever, the Federal Securities previously deposited in the Re- the remainder`of this Agreement shall remain in effect for the benefit of the owners of the Bonds. Nevertheless, the City shall ha ye the right to use all available legal and equitable remedies to enforce the obligation of the Escrow Agent to sell and deliver the Federal Securities as required hereunder, and/or to sue the Escrow Agent for damages as a result of any default hereunder. Should the Escrow Agent fail to fulfill its obligation hereunder to sell and deliver the Federal Securities, it shall continue .to administer the Retirement Fund as trustee and escrowee hereunder. In such case, the Escrow Agent shall invest the money in the Retirement Fund in such manner as shall be directed by the City from time to time in writing; provided, however, that it is understood that such money may be invested only in "Government Obligations", as defined in. the Bond Or- dinance, which also shall constitute."Federal Securities" with= in the meaning of this Agreement. -6- (e) The Escrow Agent shall hold the Federal Securities deposited in the Retirement Fund for safekeeping and neither the City, or the Escrow Agent shall in any way hypothecate, pledge, or otherwise use or encw-nber the Federal Securities in the Retirement Fund in any manner which could or would in- terfere with the performance of their obligations hereunder. Section 2. The Escrow Agent shall hold the Federal Secur- ities and money ir_ the Retirement Fund at all times as a special and separate trust fund for the benefit of the City and the owners of the Bonds, wholly segregated from other funds and se- curities on deposit with it, shall never commingle such Federal Securities and money with other funds or securities owned or held by it, and shall never at any time use, loan, hypothecate, or borrow the same in any way other than as provided in this Agreement. The special accounts in the Retirement Fund for the Federal Securities shall at all times be maintained on the books of the Escrow Agent as required by this Agreement. --"Sectionc43:~-The-Escrow-P_gen.t_shall_from: time to time col- lect and receive the interest as it accrues and comes due on the Federal Securities and the principal thereof as it matures, so that the proceeds of the Federal Securities will be avail- able, together with the deposits from the Pledged Revenues Fund as provided herein, to pay the principal of and interest on the Bonds as the same mature and come due, or to redeem the Bonds prior to maturity, either upon mandatory redemption or at the option of the City in accordance with the Bond Ordi-. nance... It is specifically covenanted and agreed that the Federal Securities in the Retirement~Fund will not be sold until al 1, then outstanding Bonds are subject to redemption prior to maturity, at the option of the City, and shall be sold by the Escrow Agent upon the direction of the City to re- deem such Bonds prior to maturity only if the purchase price available therefrom, together with any other funds deposited -7- r ~~ by the City with the Escrow Agent for said specific purpose, are sufficient to pay the redemption price of all the out- standing Bonds. If for any reason (other than the Escrow Agent's own negligence or default hereunder) •the amounts on.hand in the Retirement .Fund shall be insufficient to make such pay- ments as they come due and payable, the City shall timely de- posit in the Retirement Fund, from any lawfully available funds of the City, such additional amounts as may be required to meet fully the amount so about to come due and payable. Notice of such insufficiency immediately shall be given to the City by the Escrow Agent, but the Escrow Agent shall in no manner be re- sponsible for the City's failure to make such additional de- posits. . Section 4. Money deposited to the credit of the Retire- ment Fund from the Pledged Revenues Fund shall be 'invested only in the Federal Securities, and the interest earnings and income from the Federal Securities shall not be invested or reinvested by the Escrow Agent, except as part of the install- ment payments for the Federal Securities as provided above. The Escrow Agent shall maintain the Retirement Fund until the date upon which the Bonds are fully. paid as to principal and interest, whereupon the Escrow Agent shall sell or redeem any remaining Federal Securities and shall remit to the City the proceeds thereof, together with all other money, if any, then remaining in the Retirement Fund. Section 5. The Escrow Agent shall continuously secure all uninvested money in the Escrow Fund with direct obliga- tions of the United States of America having market value at least equal to said uninvested money. -8- Section 6. The Escrow Agent shall not be liable or re- sponsible for any loss resulting from any investment made in the Federal Securities. Section 7. The Federal Securities in the Retirement Fund and all interest due therefrom, and all money in the Retirement Fund shall be and remain the property of, the Retirement Fund, until disposed of as herein provided; and the owners of the Bonds shall be entitled to the preferred claim, and shall have - the first lien, upon such Federal Securities, the amounts due therefrom, and money, enjoyed by a trust beneficiary. The - amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the City, and the Escrow Agent shall have no right or title with respect thereto except as trustee and escrowee hereunder; provided that all installment payments made for the purchase of Federal Securities as provided above shall be and remain the .property of the Escrow Agent or other seller, as the case may be. The ' Retirement Fund'stiall not be subject-to°checks~.or-drafts,drawn by the City. Section 8. The Escrow Agent, as a paying agent (place of payment) for the Bonds shall, from time to time, as necessary, provide for the payment, when due, of the principal of and interest on the Bonds on each interest and principal payment date for the Bonds, and on the date or dates of redemption of the Bonds prior to maturity. The Escrow Agent is obligated_ only to use the principal amounts maturing and the interest accruing and payable on the Federal Securities in the Retire- . ment Fund, together with other funds deposited to the credit. of the Retirement Fund from the Pledged Revenues Fund, for such purposes, as provided in this Agreement. Also the Escrow ' Agent shall .make such amounts available to the First State Bank of Denton, Denton, Texas, the other paying agent (place of payment) for the Bonds, as are necessary to pay, when due, -9- the principal of and interest on the Bonds which are present- ed for payment at the First State Bank of Denton so that no. default will occur in the prompt and timely, payment of such amounts. when due. The Escrow Agent shall destroy all paid Bonds, and all paid interest coupons appertaining thereto, and shall furnish the City with an appropriate certificate of cancellation or destruction. Section 9. The principal of and interest coupons on the Bonds shall be paid by the Escrow Agent to the respective bearers thereof in accordance with the provisions thereof, • in the following-manner: Interest Interest coupons coming due on December 1, 1978, and semiannually thereafter on each June 1 and December 1 shall be paid until each o.f the Bonds matures or'is redeemed prior to maturity, or is purchased and can- called by the City or the Escrow Agent. Principal Principal shall be paid on the Bonds as the Bonds "-' mature or are redeemed prior. to maturity as required or permitted by the Bond Ordinance, or as they are purchased and cancelled by the City or the Escrow Agent. Reference is hereby made to Section 6 of the Bond Ordinance and the mandatory redemption prcvisions and requirements set forth in the FORM OF BOND and in each of the printed Bonds. The Escrow Agent covenants and agrees that it will, on behalf of and as trustee and agent for the City, choose at random, by lot or other customary method, the particular numbers of . the Bonds aggregating the principal amount required to be re- deemed prior to maturity on the respective dates .upon which such mandatory redemption is required, and that it will pre- pare and cause to be published the required notice of re- demption therefor within the time limits and in the manner prescribed in said FORi~i OF BOND so as to cause such.BOnds to -10- be redeemed on the required specified dates, respectively, with funds available.from the Retirement Fund. Section 10. Promptly after June 1, 1978, and semi- annually promptly after each December 1. and June 1 thereafter so long as the Escrow Fund is maintained under this Agreement, the Escrow Agent shall forward by letter to the City, to the attention of the City Manager of the City, a statement in de- tail of the Federal Securities and any money held in the Re- tirement Fund, and withdrawals of money from the Retirement Fund for the preceding six-month period.. Section 11. The Escrow Agent shall not be liable or responsible for any act done or step taken or omitted by it or any mistake of fact or law or for anything which it may do or refrain from doing, except for its negligence, or its default, or failure in the performance of any obligation imposed upon it hereunder. The Escrow Agent shall not be re- sponsible in any manner whatsoever ments contained in the Bonds, or any proceedings taken in con- nection .therewith. tate- Section 12. The Escrow Agent shall have no responsibility to any persons in connection herewith except those specifically provided herein and shall not be responsible for anything done . or omitted to be done by it except for its own negligence or default in the performance of any-obligation imposed on it hereunder. The Escrow Agent, except as herein specifically provided for, is not a party to, nor is it bound by nor need it give consideration to the terms or provisions of any other agreement or undertaking between the City and other persons, or any agreement or undertaking which may be evidenced by or disclosed by any items included among the deposited property, and the Escrow Agent assents to and is to give consideration only to the terms. and provisions of this Agreement. Unless -11- it is specifically otherwise provided herein, Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the City with respect to arrangements or con- tracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow-Fund and to. dispose of and deliver the same in accordance with this Agreement. 1r, however, the Escrow Agent. is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such dete_~~'nation the Escrow Agent shall be liable only for its own misconduct or its negligence. zn determining the occurrence of any such event or contingency the Escrow Agent may request from the City or any other person such reasonable additional evidence as the Escrow Agent in ts~discretion_may deem necessary to determine any fact re- lating to the occurrence of such event or contingency, and in this connection may inquire and consult, among others, with the City at any time. , Section 13. This Agreement is between the City, and the Escrow. Agent only, and in connection therewith the parties hereto are authorized to rely upon the representations, both actual and implied, made to each other in connection with this Agreement and the Federal Securities. The duty of the Escrow Agent hereunder shall only be tb the City and the owners of the Bonds. Neither the City nor the Escrow Agent shall assign or attempt to assign or transfer their interest hereunder or any part hereof. Any .such assignment or attempted assignment shall be in direct conflict with this Agreement and w=''---' -12- Section 14. The Escrow Agent may act upon any written notice, request, waiver, consent, certificate, receipt, au- thorization, power of attorney, or other instrument or docu- ment which the Escrow Agent in good faith believes to be genuine and to be what it purports to be. Section 15. Any notice, authorization, request, or demand required or permitted to be given hereunder to any party here- to shall be in writing and shall be deemed to have been duly given when mailed. to the appropriate party by registered or~ certified mail, postage prepaid addressed as follows: City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201, or The Fort Worth National Bank .5.00 Throckmorton-S reet Fort Worth, Texas 76102 The United States Post Office registered or certified mail re- ceipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto 'may change the address to which notices are £o be delivered by giving to .the other parties not less than ten (10) days prior notice thereof. Section 16. Whenever under the terms of this Agreement the performance date of .any provision hereof shall fall on a day which is not a legal banking day, and upon which the Escrow Agent is not open for business, the performance thereof on the next succeeding business day of Escrow Agent shall be deemed to be in full compliance. Whenever time is referred to in this Agreement it shall be the time recognized by Escrow Agent in the ordinary conduct of its normal business transactions. Section 17. Time shall be of the essence in the perfor- mance of obligations from time"to time imposed upon the Escrow Agent by this Agreement. -13- Section 18. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective personal representatives, successors, and assigns. ' Section 19. The Escrow Agent hereby acknowledges that it will. receive and retain out of proceeds from the sale of the Bonds, as reasonable and proper costs of issuance of the Bonds (administrative costs), (a) the sum of $32,000, which is a lumpsum amount- which will compensate it for, and has been determined to be equal to the present value of the costs, charges, and expenses of the paying agents (places of payment) for the Bonds (which are the Escrow Agent and the First State Bank of Denton) throughout the term of this Agreement, and (b) the sum of $10,000, which is a lumpsum amount which will com- pensate it for, and has been determined to be equal to the present value of its services and expenses as Trustee and Escrow Agent under and throughout the term of this Agreement; and it is agreed and understood'th'at no ad'ditiona•1-moneys-will be due the Escrow Agent or the First State Bank of Denton for any such services, costs, charges, and expenses; provided, however, that such sum does not include the commission to be paid to the Escrow Agent, for the purchase of the Federal Securities. Such payments shall not be deposited in or be a part of the Retirement Fund. Section 20. In the event.any Bond shall not be presented for payment when the principal thereof becomes due, either at maturity, at the date fixed for redemption thereof, or other- wise, or in the event any coupon appertaining to any such Bond shall not be presented for payment at the due date thereof, it shall be the duty of the Escrow Agent to hold Funds sufficient to pay such bond or coupon, without liability -14- for interest thereon, for the benefit of the-owner o~f such bond or coupon, as the case may be, who shall thereafter be. restricted exclusively to such funds for any claim of whatever nature on his part with respect to such bond or coupon; pro- , vided-that ahy funds which shall be so held by the Escrow Agent shall have no responsibility with respect to such moneys. Section 21. In case at any time the Escrow Agent or its legal successor or successors should become unable, through " operation of law or otherwise, to act as Escrow Agent, or if its property and affairs shall be taken under the control of any state or federal court or~administrative body because_of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith and ipso facto exist in the office of Escrow Agent, the City, by an instrument authorized by resolution of its City Council, shall appoint an Escrow Agent to fill such vacancy. After any appointment by the City, it shall cause no- tice of such appointment to be published at least once a week for two consecutive calendar weeks in a fhanc'ial-oublicaton of general circulation published in The City of New York, New York. If no successor Escrow Agent shall have been appointed by the City within 60 days, a successor may be appointed by the owners of a majority in principal amount of the~Bonds then out- standing by an instrument or instruments in writing filed with the City Manaqer of the City, signed by such owners or by their duly authorized attorneys-in-fact. If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this Sectioh within three months. ° after a.vacancy shall have occurred, the owner of any Bond may apply to any court of competent jurisdiction to appointea successor Escrow Agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent. Every successor Escrow Agent appoint- ed in pursuance of the provisions of this Section shall be a -15- corporation or a national bank authorized to exercise corporate trust powers, having a combined capital and surplus of at least $25,000;000, if there be such a trust corporation or national bank willing and able to accept the duties of Escrow Agent on reasonable and customary terms. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in multiple-counterparts (each of which shall be deemed an original) by its Mayor, sealed with its corporate seal, and attested by its City Secretary, and the Escrow Agent has caused this Agreement to be executed in multiple counter= parts (each bf which shall be deemed an original) by one of its Vice-Presidents, sealed with its corporate seal, and attested by one of its Assistant Cashiers; all as of the date and year first above written. CITY OF DENTON, TEXAS -` ATTEST: ;,~~~~ G/~~~~ City Secretary `,SC, .` ~.,._~.~~ . (CITY~$EAL) n ' ~i~ ~~r ~.~~ ~._ ~ ~.~~~~- ATTEST: By Mayor .THE FORT WORTH NATIONAL BANK, Fort Worth, Texas By Vice-President Assistant Cashier (BANK SEAL) -lb- .• ~o Q1N O1NQ1N 01N 01N 01N OlN Z W 1 1 1 1 1 1 1 1 1 1 '1 I I i l n~ 67 HHN h+~F+F+HNF+H h+F+l~h+ O I l l l l l l l l l l l l l l pl G b b b b b b b b b b b V V V In C ~ V1AA W W NNf+l--~00 btO Q] (p ~ 7 7 ~ N V 01 V V - v b b 01 < '~ C ~ W +~O Vl lp Ol lp Ol ~• (D C'1' 'S CT1 OlAblO W b i01-+A l0 NAOd ~ ~G f1 N CnAlpNO W b VOi QIW Nlpb Qom' Gi ~ V I--'b W ObNON V OAI-+V b N ul W W h'bt01--~ W W AA(1101O01ACnO a b bbl-~ocnv~lrnrncnbwcno a ~ V~ T ~ Z L7 ~ d V Ol V V b 3 (D n a rn ~ a °' `° w °' °' N O (7i I-+ C71 O A -f S O O O O O o p O OOG 3 v~l c O 0 0 0 0 0 0 OO 0 0 0 0 0 0 0> j~ ~* O OOO 0000000 OO OOOfD N M • O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v+ >f a rn 1 b rn w ~. /-~ I-~ b U1 N lO tO Zi ~ I""NW bCO fnON VAA01~OO~+~. W W b Al--~Ob V A~OTU'101 V V1;S d N V F+W Cil W V AO10107 U1 (77b (D y+ T N O O- l0'01•(T'1-'C'OY Q1~N•N.b-b.A.A.F•+` Ole O,pl, ~. - O IONNA V tO W V NVl W V CTIb 00- ~~ ' Cn' OI OI W IGNbAI-+tp ~O l-+ObW dfD d V WI--~tTb H'Ol W I-+NIO tO W W V vl ~ S~. N 1"' ~O W O b (J1 O N V O A (I1 V W O O r N 01 b W ~ V1 (T bV bV 01 Ol O b b V1 b O 7 ~ r' bf T N ~ O ~ r W N NNN NNHI-+ O O C I"' OOI Vt I--~ O V 01 N N b b A A I--~ ~ G~ b N V l A V t 0 I -+ <, > 7 b A O l A V 01 b m Z S O O O O O O O O O O O O O O O Z~ vl O 0 0 0 0 0 0 0 0 0 0 0 0 0 0' ~ N (D O 000000000000000-~•~ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0= v+ ~ O O O O O O O O O O O O O O O O N - A O1NbH+W C71 W ~b (SINCTI 3 ~tD W O W tVi1ONVOACOi1~ W OJ'. W Ab011-'b bAA W Ol V Q101OD., b W r+ (.il Vl V V 01 0l 0 07 b V1 b O fD Z 69 V tO W tO N t0 N tO 1-+ lp F-' tO lO Ql A dJ (D Ct I-~' 001 (,Jt Ap W 01 NN I-+b F+A ~O A~..7 ~ Q1 O N N W A I-+ tO I-+ CSl W A V A N O\ b W rt f>• H C 0 0000000000oooood~, ~ n. o° °oo°oo°OO°oo°o°o°°°oo°o°°°o°o°o°o~]m 0 0000000000oooooN¢'~~ 0 00000000000oooo~Hrtro ~~roH n~nao ~ rr k i m i .. N n Z m O C r rn N I-Y 1 ~ G'1 O O [r~ C m ' X ~ O ~ = m H m ~ ~ H 2 O "1 Z H W -1 r m H X ~ H N AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF MARCH, A. D. 1978. RESOLUTION WHEREAS, it is a public necessity to obtain certain properties for street improvements and capital improvements mn the C~ty of Denton, and WHEREAS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of Sixty- Five Thousand One Hundred Twenty-Four and 40/100 Dollars ($65,124.40), costs of closing included, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That money be expended from the Street Improvement Bond Fund to US Life Title Company in the amount of Thirty-Five Thousand Slx Hundred Sixty-Slx and 50/100 Dollars ($35,666.50) and the amount of Slx Thousand N~ne Hundred Forty-Slx Dollars ($6,946.00) in miscel- laneous expenses as per the attached addendum affixed hereto, and that money for right-of-way condemnations for Sherman Drive and Avenue A be expended from the Street Improvement Bond Fund to US Life Title Company in the amount of Twenty-One Thousand Nine Hun- dred Slx & 90/100 Dollars ($21,906.90), and money for right-of-way condemnations for McCormick be expended from the General Revenue Fund to US Life T~tle Company ~n the amount of $~x Hundred Five and No/100 Dollars ($605.00) for the acquisition of right-of-way. PASSED and APPROVED this the 2/st day of March, A. D. 1978. ELINOR HUGHES, MA~4)R CITY OF DFNTON, TEXAS ATTEST~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS ADDENDUM OF PROPERTIES & EXPENDITURES 1 STREET IMPROVEMENT BOND FUNDS US LIFE & TITLE COMPANY W B King Sherman Dr~ve $ 8,165,00 T C Bowman Sherman Drive 2,305 00 John B ttarrlson Sherman Dr~ve 352 50 Mildred E Stuart Sherman Drive 652 50 Stanlee Roberts Sherman Dr~ve 3,652 50 Z D Zachery Sherman Drive 4,652 50 I W O'Br~en Sherman Drive 302 50 Royal Acres Dev Sherman Dr~ve 4,161 O0 J L T~dwell Sherman Dr~ve 440 00 T G Harrison Sherman Dr~ve 1,511 00 Sue Boyet Sherman Drzve 1,406 00 H L Whltworth Sherman Dr~ve 256 00 George Munger Sherman Drive 310 O0 Asbury Methodist Sherman Dr~ve 7,500 O0 TOTAL SHERMAN DRIVE $35,666 50 2 DENTON COUNTY CLERK - (CONDEMNATIONS) G R Hlckman Sherman Dr~ve $ 9,099 O0 Lucllle Allen Sherman Drive 6,195 40 TOTAL CONDEMNATIONS $15~294 40 3 LAND PURCHASES F G Smith Avenue A $ 350 00 G B Gr~er Sherman Dr~ve 1,200 00 J S Fr~sby McCorm~ck Drainage 500 00 Halley Schmltz Sherman Drive 2,767 50 Helen Borth Sherman Dr~ve Utilities 300 00 Dan Leander Sherman Dr~ve 2,100 00 TOTAL LAND PURCHASES $ 7,217 50 4 MISCELLANEOUS Signal Light Costs Un~v - Bonnie Brae $ 2,321 00 Real Estate Appraisals Sherman Drive 3,470 00 Testimonies Sherman Dr~ve 1,050 00 Survey Cost McCorm~ck 105 00 TOTAL MISCELLANEOUS $ 6,946 00 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF APRIL, A. D. 1978. WHEREAS, it is necessary for the City of Denton to appoint d~rector to Place 3 on the Texas Mun~clpal Power Agency; and WHEREAS, sa~d director to the Board of D~rectors of the Texas Municipal Power Agency shall be chosen by the governing body of the City of Denton; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Czty Council of the C~ty of Denton zn accordance w~th Ordinance No. 75-22 hereby appoints Elinor Hughes to Place 3 to fzll an unexpired term, as a Dlrector to the Board of Dlrectors of the Texas Munlc~pat Power Agency. SECTION II. That th~s Resolution shall take effect ~mmedlately from and after ~ts passage and it ~s so ordered. PASSED and APPROVED this the 4th day of April, A. D. 1978. JO~ITCHELL, ~4~YOR ~ OF DENTON, TEXAS ATTEST: CITY OP DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS RESOLUTION y _ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 18TH ' DAY OF APRIL, A. D. 1978. R E.S O L U T I O N WHEREAS,.Dr. Mary Evelyn Huey, president of Texas Womans university has" presented a flag'to the City of `Denton symbol°rz'i`ng ~` the two-fine universities located in Denton and the City itself; and WHEREAS ,. the flag was designed and made by students of Texas Womans University ;. and WHEREAS, the City wishes to accept the flag, direct that it be properly displayed as the official flag for the City of Denton; and officially thank President Huey and the students of ' Texas Womans University for this fine gift; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,~TEXAS: -- =T-ha-t the:-f-lag....i _her.e,by,off:ic.iaLly_.rece.ived~by_~the City _of~__~__~_ _ Denton and is hereby adopted as the official flag for the City of Denton,,and the City Secretary is hereby directed to keep said - flag in his custody and to display it at appropriate times. PASSED and APPROVED this the 18th day of Apr i1, A, D, 1978. a APPROVED AS TO LEGAL FORM: ~~~ ~~~ IT F.L YO ITY OF DENTON, TEXAS PAUL C. ISI-IAM, CITY ATTORNEY CITY OF DENTON, TEXAS N Xt ' Document CERTIFICATE FOR RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGA- TION OF THE CITY OF DENTON, TEXAS THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : We, the undersigned offmcers of sazd City, hereby certmfy as follows. 1 The City Council of said Czty convened REGULAR MEETING ON THE 23RD DAY OF MAY, 1978, at the Munmclpal Bulldlng (City Hall), and the roll was call- ed of the duly constituted officers and members of said City Councll, to-wzt: Brooks Holt, City Secretary Joe Mitchell, Mayor Bill Nash Mary Claude Gay Ellnor Hughes Dzck Stewart and all of said person~__were present, except the following absentees: .~O ~ , thus constituting a quorum. Whereupon, among other bus~ness, the following was transacted at said Meeting a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGA- TION OF THE CITY OF DENTON, TEXAS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, sa~d mo- tion, carrying w~th it the adoption of said Resolution, pre- vailed and carried by the following vote: AYES: All members of said City Council shown presen~abo~e voted "Aye"; NoEs: 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph ls attached to and follows th~s Certificate; that sa~d Resolution has been duly recorded in said City Coun- cil's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said C~ty Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as Indicated there~n; that each of the officers and members of said City Council was duly and sufficiently not~fled officially and personally, in advance, of the time, place, and purpose of the aforesaid Meet- lng, and that said Resolution would be introduced and consider- ed for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meet- lng was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution, that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall consti- tute the s~gnlng of the attached and following copy of said Resolution for all purposes. SIG/N~ AND SEA_LED the 23rd day o~ k~a~, 1978 . ~ C~ty Secretary (SEAL) RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGA- TION OF THE CITY OF DENTON, TEXAS THE STATE OF TEXAS COUNTY OF DENTON : CITY OF DENTON WHEREAS, it ls deemed necessary and advisable that No- tice of Intentlon to Issue Certificates of Obllgatlon be given as hereinafter provided. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON Sectlon 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS", the form and substance of which are hereby adopted and approved. Section 2 That the C~ty Secretary shall cause said NOTICE, in substantially the form attached hereto/to be pub- llshed once a week for two consecutive weeks in a newspaper of general circulation in the City, the date of the first publication to be at least fourteen (14) days prior to the date tentatively set for the passage of the Ordinance author- lzlng the issuance of such Certificates of Obligation THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS THE CITY OF DENTON, ~n Denton County, Texas, hereby g~ves notice of Intention to ~ssue CITY OF DENTON CERTIFI- CATES OF OBLIGATION in the maximum principal amount of $500,000, for the purpose of paying all or a port~on of the City's contractual obligations to be ~ncurred pursuant to con- tracts for public works projects for the City's Electric Light and Power System, to-wit the construction of an addition to the Locust Street Substation, including a power transformer and three circuit swltchgears, the construction of new trans- mission lines, and the construction of water treatment facile- ties for steam bo~lers at the Spencer Power Plant, and paying all or a portion of the contractual obligations for profess~on- al services of engineering, architects, attorneys, and finan- cial services of engineering, architects, attorneys, and fi- nancial advisors in connection w~th such public works projects and Certificates of Obligation The C~ty proposes to provide for the payment of such Certificates of Obligation from the surplus Net Revenues of the City's Electric Light and Power System remaining after payment of all operation and maintenance expenses thereof, and all debt service (Retirement Fund), Re- serve Fund, Contingencies Fund, Improvement Fund, and other re- quirements, payments, and deposits required ~n connection w~th the Clty's presently outstanding revenue bonds whlch are pay- able from and secured by a flrst l~en on and pledge of the Net Revenues of the City's Electric L~ght and Power System The C~ty Council of the City tentatively proposes to authorize the · ssuance of such Certificates of Obligation at 7 00 p.m on June 13, 1978, in the Clty Councll room at the Munlclpal Bulld- l~g~ Denton, Texas CITY OF DENTON, TEXAS By Brooks Holt City Secretary Ne>ct DoCument AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 9th DAY OF JUNE, A D 1978 RESOLUTION WHEREAS, zt is necessary for the czty of Denton to appoint dzrectors to places 3 and 4 on the Texas Mun~czpal Power Agency, and WHEREAS, sazd dzrectors to the Board of Dmrectors of the Texas Municzpal Power Agency shall be chosen by the governzng body of the City of Denton, now, therefore, BE IT RESOLVED BY THE CITY COU~]CIL OF THE CITY OF DENTON, TEXAS SECTION I That the City Counczl of the Czty of Denton zn accordance wzth Ordznance No 75-22 hereby reappoznts Elznor Hughes to Place 3 to fzll a two-year term as a Dzrector to the Board of Dzrectors of the Texas Munzczpal Power Agency, and hereby appoznts Wzllzam S Nash to Place 4 to fzll an unexpzred term as a Dzrector to the Board of Dzrectors of the Texas Munzclpal Power Agency SECTION II That this Resolutmon shall take effect zmmedzately from and after · ts passage and zt is so ordered PASSED AND APPROVED thzs the 9th day of June, A D 1978 ECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAFF, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF JUNE, 1978 RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL GRANT FOR SEWERAGE SYSTE~ IMPROVEMENTS WHEREAS, the City of Denton, Texas, deems it necessary and proper to apply for a federal grant under the Federal Water PollutIon Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations pursuant thereto NOW, THEREFORE, BE IT RESOLVED by the City of Denton that Robert E Nelson, Director of Utilities, or his successor, is hereby authorized and directed to make application for a grant under Public Law 92-500 and the rules and regulations pursuant thereto, and to s~gn the acceptance of the grant, when made, and any other necessary documents required to complete the project on behalf of the City of Denton PASSED, APPROVED AND ADOPTED this 13th day of June, A D 1978 Mitchell, Mayor City of Denton, Texas ATTEST CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL POW PAUL C ISHAN, CITY ATTO~EY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13th DAY OF JUNE, A D 1978 RESOLUTION BE IT RESOLVED BY THE COUNCIL OF TttE CITY OF DENTON, TEXAS, THAT The necessmty of securmng ambulances to provmde a Cmty- County ambulance servmce has resulted mn the Cmty obtamnmng such ambulances at a time when suffmclent monies were not available in the 1977-78 fmscal year to pay for the same, THEREFORE, The Mayor of the City of Denton ms hereby authormzed to execute a note in the amount of $43,276 00 bearmng mnterest at 5 1/2 per cent per annum, payable in thmrty-smx (36) monthly mnstallments to the Fmrst State Bank of Denton, Texas, the fmrst installment of $1,306 75 being due on the 10th day of July, 1978, and each subsequent mnstallment bemng due on the 10th day of each month thereafter, and such funds shall be deposited in the General Fund of the Cmty of Denton to pay the purchase prmce of two ambulances PASSED AND APPROVED this the 13th day of June, A D 1978 JOE/MITCHELL, MAYOR ~TY OF DENTON, TEXAS ATTEST APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS AT A REGULA~ MEETING OF THE RESEARCH AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13th DAY OF JUNE, A D 1978 RESOLUTION WHEREAS the City of Denton, Texas has a Research and Economic Development Board that acts as a policy making, marketing, advertising, and promotional body for the City and a strong, active Chamber of Commerce that acts as a on- s~te sales group for prospective industries, and WHEREAS the City of Denton, Texas offers the advantages of a small city life style within a metropolitan area, and WHEREAS the City of Denton, Texas offers a cost of living far below the national average, and WHEREAS the City of Denton, Texas and the State of Texas offer an extremely favorable tax climate for industry, and WHEREAS the City of Denton, Texas is located in close proximity to the Dallas-Fort Worth Regional Airport, and WHEREAS the City of Denton, Texas owns a modern munIcipal airport capable of accomadatlng business jets, and WHEREAS the City of Denton, Texas ~s located ~n one of the fastest growing areas in the Un~ted States, and WHEREAS the City of Denton, Texas ~s located on major road and rail arteries, and WHEREAS the City of Denton, Texas offers good schools, churches, shops, medical facilities and ample housing at reason- able costs, and WHEREAS, the City of Denton, Texas offers a m~ld climate with varied recreational activities, and WHEREAS, the City of Denton, Texas desires to provide jobs · n Denton for that third of ~ts working population that finds · t necessary to commute to other c~t~es for their Jobs, and WHEREAS, the City of Denton, Texas desires to balance ~ts tax base and complement its two £1ne universities by attracting · ts share of those clean light ~ndustrles choosing to relocate in the "sunbelt" NOW, THEREFORE, BE IT RESOLVED BY THE RESEARCH AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF DENTON, TEXAS That a strong, positive effort be made to attract clean light · ndustry to the C~ty of Denton, Texas, and That the C~ty of Denton, Texas reconfirms ~ts strong support and appreciation for Its ex~stlng ~ndustry, and That the City of Denton, Texas offers, as an incentive to potential new industry, the support and appreciation of our citizenry for those good qualitIes that new ~ndustry brings to a community PASSED AND APPROVED th~s the /~/day of June, A D 1978 JOE NITCRELL, MAYOR CITY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF JUNE, A D , 1978 RESOLUTION WHEREAS, the Hzghways and Airports Committee of the Chamber of Commerce strongly recommends and supports a program to accelerate purchase of rzght-of-way for North Loop 288 highway pro0ect~ and WHEREAS, publzc hearings have been held and the State Hlghway Department has developed plans for the Loop 288 hzghway project, zncludzng the north portzon, and WHEREAS, the C~ty of Denton is deszrous of zmmedzately securzng rzght-of-way for the constructzon of the north portion of Loop 288 provldzng the Texas Department of Highways and Publzc Transportatzon can provzde funds for rezmbursement to the Czty for acquzsztzon of the rzght-of-way, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT, The City of Denton deszres to enter into a contractual agreement wzth the State of Texas Department of Hzghways and Publzc Transportatzon for the acquzsltzon of the rzght-of-way for all of the north portion of Loop 288 Hzghway and requests the State to appropriate funds so that the purchase of rzght-of-way can be accelerated, and permzttzng rezm- bursement by the State based upon current rezmbursable percentages for acquzsitlon of right-of-way by the Czty, authorzzzng the Mayor to szgn such contractual documents, and dzrectzng the Czty to commence acquzstzon of rzght-of-way after the necessary documents w~th the State have been executed PASSED AND APPROVED thzs the 20TH day of June, A D , 1978 - Y OF DENTON, TEXAS ATTEST ~a~YKS 'HOLT, CITY SECRETARY CITY OF DENTON~ TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A SPECIAL MEETING OF THE PUBLIC UTILITIES BOARD OF THE CITY OF DENTON, TEXAS, HELD AT THE RAMADA INN OF SAID CITY ON THE 29TH DAY OF JUNE, A D 1978 RESOLUTION WHEREAS, the Czty of Denton has passed Ordinance No 76-38 approvzng a Power Sales Contract wzth the Texas Munzczpal Power Agency (TMPA), approving a TMPA Bond Resolutzon zn the amount of $50,000,000, and approvmng the Gibbons Creek Steam Electrzc Generatzng Station as a project pursuant to the provzs~ons of the Power Sales Contract, and WHEREAS, R W Beck & Assoczates, consultzng engmneers for TMPA, was employed to study certazn plans for developzng a long-range power supply program for TMPA and zts members cztzes, and WHEREAS, R W Beck & Assoczates prepared a prelzmznary report zn 1975 concernzng the feaszbzllty of the Gzbbons Creek Project and found zt to be a feaszble project, and WHEREAS, R W Beck & Assoczates has updated thezr studzes and have reached the followmng concluszons 1 Wzthout addmtzonal and dzfferent power supply resources, the member cztzes of TMPA will face growzng defzclenc~es zn electric generating capacity to serve thezr customers startzng zn 1983 2 The unzts planned for current constructzon or acquzsztzon by the Agency should be of the base load category, and the Agency's efforts wzth respect to developing addztzonal resources and related facilities for the near future have been approprzate 3 The present estzmated cost of construction of the Gzbbons Creek Project is comparable to costs expected for szmzlar projects being developed wzthzn the same general tzme period 4 The cost of power from the Gzbbons Creek Project and the Comanche Peak Pro0ect is reasonable and comparable to or lower than other long-term base-load power supply resources avazlable to TMPA to meet the Cztzes requzrements 5 The acqumsztmon and constructzon of the Gibbons Creek Prooect withzn the context of the Power supply plan descrzbed here~n continues to be feaszble, and WHEREAS, the Publzc Utilities Board of the Czty of Denton has revzewed the June 23, 1978, engineerzng report of R W Beck & Assoczates, and zs very concerned wzth the Czty of Denton's oblz- gatlons and responszbzlltzes to provzde adequate and reasonable power to the citizens of Denton, and -2- WHEREAS, the Board wzshes to make the followzng recommendatmons and statements to the Czty Councml of the Czty of Denton, Texas, NOW THEREFORE, BE IT RESOLVED BY THE PUBLIC UTILITIES BOARD OF THE CITY OF DENTON, TEXAS 1 That the Public Utzlztles Board of the Czty of Denton reaffirms its prevmous recommendatmon to the C~ty Counczl that the Gmbbons Creek Steam Electrmc Generatmng Statzon ms a vzable and engzneerzng feasmble prooect whmch zs the best alternatzve avamlable to the Czty of Denton for meetzng mrs long-term ob3ectives of pro- v~dzng adequate electrzc power at the lowest possmble prmce to the cztlzens of the City of Denton 2 That the Board is concerned wmth the capztal costs of the Gmbbons Creek Steam Rlectrmc Generatmng Statmon and encourages the feaslbzl~ty studzes by TMPA to determmne whether zt zs more economzcal to TMPA and the Czties to contract the mznzng actlvztzes and to lease the use of transmlsszon faczlmtles from other utllztzes The Board further recommends that there be zncluded mn these studies a study to determine the best approach to managzng the constructzon of the Gmbbons Creek Steam Generatzng Statmon 3 That TMPA conduct a study to determmne the best approach to the management and operational actzvztzes of the Agency The Board zs concerned with the fact that there ms a rapzd turnover of board members to TMPA, and that as a result the TMPA board members have lmttle opportunity to become thoroughly versed mn the actzvmtmes and mntrzcacmes of the Agency The Board recommends that the Cmty takes steps to assure, as best as posszble, contmnu~ty and longevzty by ~ts TMPA board members 4 That the Board strongly urges the Czty Counczl to publicly clear the amr concernzng prooected capmtalmzatzon costs for the construction of the Gzbbons Creek Steam Generating Statzon Varzous reszdents and news medma have improperly applied unapproved and estmmated costs for partmcmpation mn the Comanche Peak Steam Generating Statzon (nuclear), systems development and relzabzlmty expendmtures, and cost estimates for the constructmon of a second 400 megawatt unmt znto the projected costs of the 400 megawatt Gibbons Creek Steam Generatmng Station with the result that the publmc has been -3- m~slead ~nto believing that the cost of the present plant being constructed ~s 1 73 blll~on dollars The c~tlzens are entitled to know the actual pro3ected capital costs of the approved pro- 3ects of the Agency and the Board recommends the Council take steps to make these f~gures known to the public PASSED and APPROVED th~s 29th day of June A D 1978 TOM HARPOOL, CHAIRMAN STAN MUNSON, ~MBER BILL DAVIS, MEMBER KEITH SHELTON, MEMBER MARVIN RA~fEY, ACCEPTED and APPROVED by the Czty Council of the Czty of Denton at a special meeting held at the Ramada Inn in sazd Czty on the 29th day of June, A D 1978 JOE,MITCHELL, MAYOR CItY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOP~ PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Next Document A RLSOLUTION by the City Council of the City of Denton, Texas, relating to the folmat~on of a non-profit corporation for the purpose of acqu~rmng student loan notes, approving the formation of such corporation under Chapter 53 of the Texas Education Code, and providmng an effective date WHEREAS, the members of th~s governing body recognize that a college educatmon ms a valuable asset and a student's lnabmllty to meet all of the flnancmal commitments should not prevent the obtaining of an education when mt is possLble to obtain f~nanc~ng for such educatmonal opportunities, and W}IEREAS, mt has been called to the attentmon of th~s governmng body that a program for financing student educational loans at the college or unzversmty level through the United States Offzce of Education may be made available to residents and students of this area through the formation of a non-profit corporatmon with the power to sell bonds zn order to acquire student loan notes and it appears that under present procedure the interest on bonds mssued by the corporation would be exempt from federal mncome tax and the mncome of the corporation would not be suboect to federal mncome tax, and ~tEREAS, it ms the further understandzng of this governing body that thms City will in no way or manner become fmnanclally lmable as a result of the creation and operation of said non~ profmt corporation, and wm!l mncur no lmab~lmty for the payment of any debt created by mt, and ~EREAS, thms governing body desmres to assist ~n the furtherance of the educatmon and aspmratlons of young people mn the area, now therefore, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DENTON, TEXAS SECTION 1 That the following named persons are requested, on behalf of thms goveln~ng body, to review the proposed student loan program and establish, rc-establzsh or reorganize a non-profmt corporatmon with the power to operate and finance a student loan program SECTION 2 ?hat such persons together wmth four (4) persons to ~-~ desmgnated by the governmng body of the Cmty of Arlmngton, Texas (if they are so designated) are further requested to act as Directors of such corporatmon mn the development and mmplementatmon of a plan to determine the economic feasmbzlmty and vzabmlmty of the plan At such tmme as the development of the plan has been completed, a report shall be made to this Council and such report shall be made przoz to fmnalzzatlon of any fmnanclng plans SECTION 3 That thms governing body, while recognizing the a~vantages of a post secondary educ~t~on, also recognizes that its powers mn the field of education are limited, being only those conferred by Chapter 53 of the Re×as Fducat~on Code In no event ~hall any funds of the Cmty ever be appropriated to or for the u~e of such non-profit corporation ~vhen formed SECTION 4 It ms found and determzned that no hzgher education authorzty has heretofore been created by thzs governzng body under the provzszons of Chapter 53 of the Texas Education Code for the purpose of (z) constructzng or acqu~rzng any buzldzngs for use by an lnstztutlon of higher learning wzthzn thzs Czty or (mm) acqu~rzng student loan notes SECTION 5 This resolutzon shall be effectzve from and after its passage and zt ~s so resolved PASSED AND APPROVED, thzs the ~day of ~ , 19?s ! ~ayor~City 6f Delft-on, Texas Czty of Denton, Texas (Czty Seal) AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE 5th DAY OF JULY, A D 1978 RESOLUTION WHEREAS, the developer of Denton Mall desires for a U-Turn to be constructed by the State of Texas Department of Public Highways and Transportation at the ~ntersect~on of Loop 288 and Interstate Highway 35E and to reimburse the C~ty of Denton and State of Texas for the cost of design and constructmon of sa~d U-Turn, and WHEREAS, procedures require the State of Texas Department of Publmc H~ghways and Transportation to receive from a municipality the request to proceed and advanced payment for the design work before actually commencing the work, and WHEREAS, ~t wmll be necessary for the C~ty of Denton to enter · nto a contract w~th the State even though actual funding for the design and construction of the U-Turn w~ll be provided by the developer, NO~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the State of Texas Department of Public H~ghways and Transportation be requested to furnish the City of Denton a contract for the preliminary deslgn of a U-Turn at the intersection of Loop 288 and Interstate Hmghway 35E for the approximate cost of $15,000 and that the Mayor is hereby authorized to s~gn such con- tract on behalf of the City of Denton PASSED and APPROVED on this 5th Day of July A D 1978 ATTEST B~(~S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM ~~~ORNEY CITY OF DENTON, TEXAS AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE 5TH DAY OF JULY, A D 1978 RESOLUTION WHEREAS, the Czty of Denton is deszrous of proceedmng wmth the purchase of rzght-of-way for the north portion of Loop 288 from the proposed mntersectmon wmth Hmghway 380 to zts mntersectmon wmth Interstate Hmghway 35, and WHEREAS, the State of Texas Department of Hmghways and Publmc Transportatmon has submmtted a partzcmpatmon contract for the pur- chase of right-of-way, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the Contractual Agreement for Rzght-of-Way Procurement with the State of Texas Department of Hmghways and Publzc Trans- portation ms hereby approved and the Mayor of the Czty ms authormzed to smgn the same PASSED and APPROVED on thms 5th Day of July, A D 1978 ATTEST ~BROOKS HOLT, CITY SECRETARY CITY OF DENTON APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON AT A SPECIAL MEETING OF THE CITY COUNCIL OF TIlE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE 5TH DAY OF JULY, A D 1978 RESOLUTION WHEREAS, the Czty of Denton is desirous of proceeding wzth the purchase of right-of-way for the north portion of Loop 288 from the proposed lntersectzon wzth Itlghway 380 to its intersection with Interstate Hzghway 35, and WHEREAS, the State of Texas Department of Hzghways and Publzc Transportation has submztted a partlczpatzon contract for the pur- chase of right-of-way, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the Contractual Agreement for Right-of-Way Procurement with the State of Texas Department of Hzghways and Publmc Trans- portatzon ~s hereby approved and the Mayor of the Cmty zs authorzzed to szgn the same PASSED and APPROVED on this 5th Day of J~l¥, A D lq78  ITCHELL, MAYOR OF DENTON ATTEST 0KS HOLT, CITY SECRETARY CITY OF DENTON APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE 5TH DAY OF JULY, A D 1978 RE SOLUTION ~EREAS, the Czty of Denton is deszrous of proceeding wzth the purchase of r~ght-of-way for the north portzon of Loop 288 from the proposed intersectzon wzth H~ghway 380 to zts intersection with Interstate Hzghway 35, and ~EREAS, the State of Texas Department of Highways and Publzc Transportation has submitted a partmczpat~on contract for the pur- chase of right-of-way, NOW, THE~FORE, BE IT ~SOLVED BY THE CITY CO~CIL OF THE CITY OF DENTON, TE~S That the Contractual Agreement for Rzght-of-Way Procurement with the State of Texas Department of Hzghways and Publzc Trans- portatzon ~s hereby approved and the Mayor of the Czty is authorized to s~gn the same PASSED and ~PROVED on thms 5th Day of July, A D. 1978 J~yITCHELL, MAYOR OF DENTON ATTEST ~BR OKS HOLT, CITY SECRETARY CITY OF DENTON APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON NeXt Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF AUGUST, A. D. 1978. RESOLUTION WHEREAS, the Caty of Denton commenced provad~ng ambulance service for the Caty of Denton and a large portaon of the County of Denton on June 1, 1978; and WHEREAS, the Caty as desarous of maantaanang a hagh standard of emergency medical care in the Caty and County of Denton, and WHEREAS, the Caty as of the oplnaon that an "Emergency Meda- cal Service Advasory Board" should be establashed ~n order to monator the emergency servaces provided an the Caty and that por- taon of the County served by the ambulances operated by the C~ty of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT An Emergency Medacal Servace Advisory Board as hereby created and as to be composed of 12 members appointed by the C~ty Council for three (3) year terms. The Board Members shall have staggered terms wath four members beang appoanted durang each year. At ~ts lnceptaon, the Caty Councal shall appoant four (4) members to the Board for a three (3) year term, four (4) members to the Board for a two (2) year term, and four (4) members to the Board for a one (1) year term. Vacancaes shall be falled an the same manner pro- vaded for regular appoantments. At the farst meetang each year after new members have been sworn an, the Board wall select from ats own membership a chaarman, vace-chaarman and secretary. Any seven of the regularly appoanted members shall constatute a quorum. The Board shall determane its own rules and order of busaness, and shall meet as necessary. It shall be the duty of the Board to act an an advasory capac- aty to the Caty Councal and to asslst an the coord~nataon of all emergency medical servaces w~th authoarty to study and recommend polac~es relatang to the planning, performance and related matters involving emergency medical services in the City of Denton and the portion of the County of Denton served with emergency medical services provided by the City. In addition, the Board will formu- late, coordinate and adopt policies and procedures regarding the emergency medical care and service relationship between emergency medical technicians and paramedlcs, and the medical and hospital community. PASSED AND APPROVED this the 15th day of August, A. D. 1978 JO~/~I~T~E~L, Y~R ' - C~Y OF DENTON, TEXAS ~~ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN TIlE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A. D 1978. RESOLUTION WHEREAS, the City of Denton is desirous of entering into a contract with the State of Texas for the installation and con- struct~on of traffic s~gnals at the ~ntersect~on of Avenue A and Eagle Drive, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the certain agreement dated August l, 1978, between the State of Texas and the City of Denton for the Installation, construction, existence, use, operation and maintenance of cer- tain h~ghway traffic signals at the location shown on Exhibit 1, attached hereto and made a part hereof, in the C~ty of Denton, be and the same ~s hereby approved, and the Mayor ~s hereby auth- orized to execute said contract on behalf of said c~ty and to transmit the same to the State of Texas for appropriate action PASSED AND APPROVED th~s the 1st day of August, A. D. 1978 ~T MITCHELL, ~YO~- Y OF DENTON, TEXAS ATTEST.~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS ~,, .' ,"'~ ot , ~-,~,-' ~ ~ ~ . ~ w,~-~"~ ,~,-- ~ , ~ ,.% o' - 2.. To accompany a~reement for ~raffzc Eagle Street zn the City of Denton .... AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A. D. 1978. RESOLUTION WHEREAS, the City of Denton and County of Denton organized a public hospital pursuant to the provisions of Texas Revised Civil Statutes, Article 44941-1; and WHEREAS, said hospital is named Flow Memorial Hospital; and WHEREAS, the City has made contributions each year to Flow Memorial Hospital to cover operating expenses that exceed operat- ing revenues; and WHEREAS, the City of Denton is of the opinion that the Com- m~ssloners' Court of Denton County, Texas, is responsible for pay- lng the medical and hospital bills of paupers or indigent county residents treated at public health facilities; and WHEREAS, the amount the City of Denton would have to contri- bute to Flow Memorial Hospital would be significantly changed if the County paid the indigent health and hospital costs; and WHEREAS, it is in the best interests of the City and County residents for the County-District Attorney of Denton County, Texas to request an Attorney General's Opinion concerning the responsi- bilities and liabilities for indigent health care costs in Denton County. NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Jerry Cobb, the County-District Attorney of Denton County, Texas, ~s hereby requested to submit a request to the Attorney General of Texas for an opinion as to whether the Commis- sioners' Court of Denton County ~s obligated, as a matter of law, to pay the hospital bills of indigent county residents for services rendered by Flow Memorial Hospital, and the C~ty Secretary is directed to transmit a certlfled copy of this resolution to Jerry Cobb, County-District Attorney. PASSED AND APPROVED this the 1st day of August, A. D. 1978. JO~YMITCHELL, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A. D. 1978. RESOLUTION WHEREAS, on the 12th day of July, 1978, Lone Star Gas Com- pany, a Division of ENSERCH CORPORATION, filed with the City of Denton, Texas its Statement of Intent to Change Residential and Commercial Rates in the City of Denton, Texas; and WHEREAS, pursuant to the provisions of Section 43(d) of Article 1446c V.A.C S., the City of Denton desires to suspend the operation of the schedule of rates for a period of 120 days beyond the date on which the schedule of rates would otherwise go into effect in order to gather all the necessary information and properly review and analyze said information pertaining to the Statement of Intent to Change Residential and Commercial Rates, and WHEREAS, the effective date of the proposed change is August 17, 1978 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the ef£ectlve date for the proposed change in the resi- dential and commercial rates for gas ~n the City of Denton, Texas, by Lone Star Gas Company, a Division of ENSERCH CORPORATION is here- by suspended for a period o£ 120 days beginning August 17, 1978, so that the City will have suf£~clent t~me to gather information and review and analyze the proposed change PASSED AND APPROVED this the 1st day of August, A D 1978 J~Ez/I~ITC}IELL; MAYOR - ~I~rY OF DENTON, TEXAS ATTEST APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF AUGUST, A. D. 1978. RESOLUTION WHEREAS, the City of Denton has received Community Development Block Grant Funds in previous years for rehabilitation of housing owned by~ low and moderate ~ncome persons, and WHEREAS, the C~ty of Denton w~ll reallocate $25,000 of the F~scal Year 1977 Community Development Grant for the rehabilitation program, and WHEREAS, the C~ty of Denton is expecting to receive Community Development Block Grant Funds ~n 1978 ~n the amount of $125,000 and ~n 1979 in the amount of $218,000, and WHEREAS, the C~ty of Denton desires that the Denton Housing Authority administer the application and eligibility process and disperse the Community Development Block Grant Funds received by the C~ty of Denton, and WHEREAS, the C~ty of Denton w~ll allocate $25,000 from the 1978 grant for administration of this program which the C~ty de- sires to share w~th the Denton Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS- That the Denton Housing Authority be appointed to administer these elements of the rehabilitation program for the reallocated grant funds and the grant funds expected for the 1978 and 1979 pro- gram years and that in 1978 the Denton Housing Authority receive an administrative fee of $10,000 and that the admInistrative fee for the larger 1979 grant be determined at that program year. PASSED AND APPROVED th~s the 1st day of August, A D. 1978. ATTEST /~-~ BRO~ HOST; CITY &'ECRETARY APPROVED AS TO LEGAL FORM Next' Document AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 29TH DAY OF SEPTEMBER, A. D 1978. RESOLUTION WHEREAS, the City of Denton is desirous of supporting the North Texas State Un~versaty Institute of Applaed Sciences an its planning and development of a research park for the City of Denton, Texas, and WHEREAS, the City of Denton has appropriated monies for the fiscal year 1977-78 from its water and sewer fund and electric fund to the Research and Economic Development Board of the City of Denton; and WHEREAS, the Research and Eoonomlc Development Board has not expended all the monies appropriated for the fiscal year 1977-78, and the City Councal desires to carry those unspent funds forward anto a trust fund for the use towards research and economic deve- lopment actlvat~es, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS' 1 That the City Manager of the City of Denton, Texas as hereby authorized to establish the Research and Economac Development Fund as a carry-forward trust fund for the purpose of receiving and expending funds as appropriated annually ~n the Budget for research and economic develop- ment activity 2 That the City Manager of the City of Denton, Texas, ~s hereby authorized to transfer funds appropriated annually in the Budget for the Research and Economic Development Board to the Research and Economac Development Fund 3. That the Caty Manager of the City of Denton, Texas, is hereby authorazed to establish appropriations ~n the Research and Economic Development Fund for the amount of funds transferred and in accordance with the directions of the City Council. PASSED AND APPROVED this the 29th day of September, A D 1978 yiTCH~L~ MAYOR OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF SEPTEMBER, A. D. 1978. RESOLUTION WHEREAS, the City of Denton, Texas has a history of involving its cltlzens in all facets of decision making; and WHEREAS, the C~ty of Denton w~ll continue to be ~nvolved ~n the Community Development Block Grant Program; and WHEREAS, it ~s recognized that the City of Denton needs a Com- munity Development Advisory Commlttee an order to assure clt~zen part~c~patlon in all stages of the grant process. NOWt T}IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That there is hereby created a Community Development Advi- sory Committee to be composed of n~ne (9) members appolnted by the C~ty Council for two (2) year terms. The commattee members shall have staggered terms with f~ve (5) members being appointed during even numbered years and four (4) members being appolnted during odd numbered years. At its lnceptlon, the Caty Councll shall appoint fave (5) members to the Committee for a two (2) year term and four (4) members to the committee for a one (1) year term. Members of the committee may be removed by the City Council for cause Vacan- cies shall be f~lled ~n the same manner provided for regular appoint- ments. 2. That the C~ty Manager or his designee shall be an ex-off,cIo member of the ¢ommlttee. He shall attend all meetings of the com- mittee and shall have the r~ght to discuss any matter that as under conslderatlon by the committee but shall have no vote. 3. That members of the committee shall be catlzens of the City of Denton. 4. That at the first meeting each year after members have been sworn an, the committee shall select from ~ts owner membership a chairperson and vice chairperson. Any f~ve of the regularly appointed members shall constitute a quorum. The commlttee shall determlne ~ts own rules and order of business, and shall meet as necessary All meetings shall be open to the public and a permanent record of pro- ceedlngs maintaIned 5. It shall be the duty of the Community Development Advisory Committee: (a) To act in an advisory capacity to the City Council in the determination of priorities and program development for Community Development Grant Programs. (b) To act as a recommending body for subsequent amendments to the Community Development Grant Program (c) To serve in a leadership role in the process of planning, lmplementzng, and assessing the Community Development Program and implementing the Cztlzen Partzc~patlon Plan PASSED and APPROVED this the 19th day of September, A. D 1978. C~MITCHEL~, MAYOR OF DENTON, TEXAS ATTEST. ~ITY SECRETARY 'CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR~: "PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Next DoCument AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF OCTOBER, A. D. 1978. RESOLUTION WHEREAS, the City of Denton has improved the area known as the "Williams Trade Square", and WHEREAS, such improvements include parking spaces, and WHEREAS, the Clty of Denton is desirous of leasing some of the parking spaces in order to offset the cost of the improvements NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. That the City Manager is hereby authorized to publicly adver- tise for lease and to lease 100 parking spaces at the "WIll,ams Trade Square" at the prlce of $120 per year for a per~od of two years w~th options to renew the leases for additional two year terms PASSED AND APPROVED this the 3rd day of October, A D 1978 TMITCHELL, MAYOR Y OF DENTON, TEXAS ATTEST BRO~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF NOVEMBER, A. D. 1978. RESOLUTION WHEREAS, law enforcement management information in the City of Denton is presently nonexlstant or inadequate; and WHEREAS, an effective information systems management capa- bility in selected North Central Texas cities has demonstrated the potential for improved law enforcement operations, and WHEREAS, presently there are few such systems to accommodate law enforcement agency administrators, and WHEREAS, the purchase and installation of some additional support equipment will improve further the efficiency and effec- tiveness of existing hlghspeed landllne communications equipment, and WHEREAS, it is the opinion of this City Council that the best interest of the citizens of the City of Denton will be served by participating in this cooperative program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~tE CITY OF DENTON, TEXAS, THAT (1) The City of Denton desires to participate ~n the Management Information System Expansion Program by acquiring the necessary services, equipment and supplies. (2) The North Central Texas Council of Governments is authorized to enter into binding contract with the law compliant vendor and to purchase Management Information System services, equipment and supplies in behalf of the City of Denton. (3) This City understands that the Texas Criminal Justice Division is providing 85% f~d~ng during the f~rst year of this project's operation (4) To indicate the City's desire to participate in th~s program, a copy of this resolution will be forwarded to the North Central Texas Council of Governments PASSED AND APPROVED this the 24th day of ~tober , A. D 1978 yMITCHELL, MAYOR OF DENTON, TEXAS ATTE~ .~ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS Document AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF NOVEMBER, A. D. 1978. _ _SOL_UT I ON WHEREAS, Lone Star Gas Company filed a Statement of Intent to Change Residential and Commercial Rates in the C~ty of Denton effectIve August 17, 1978, and WHEREAS, pursuant to Section 43(d) of Article 1446c, Revised Civil Statutes of Texas, the City Council of the City of Denton, Texas, suspended the rates for a per~od of 120 days beyond the date on which the schedule of rates would otherwise go into effect, and WHEREAS, pursuant to the provisions of Section 43(e) of Article 1446c, Lone Star Gas Company has posted a bond in the sum of $330,000 00 so that they may impose their proposed rates pend- ing disposition of their request, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DENTON, TEXAS: That the C~ty Council of the City of Denton, Texas, hereby approves the bond and surety furnished by Lone Star Gas Company, a Dlvislon of Enserch Corporation so that they may impose the rates requested in their Statement of Intent to Change Residential and Commercial Rates effectIve as of November 15, 1978 PASSED AND APPROVED th~s the 14th day of November, A D 1978 ATTEST ~ ,~B~OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. P~UL C -iSHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF NOVEMBER, A D. 1978. R_ _E _~ 0 L U _T I 0 N WHEREAS, on September 13, 1977, the City of Denton entered into an Employment Agreement with G Chris Hartung to serve as City Manager of the City of Denton, Texas, and WHEREAS, the City Council of the Czty of Denton is desirous of extending that contract for another year, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the Employment Agreement dated September 13, 1977 be- tween the City of Denton, Texas, and G. Chris Hartung is hereby extended for the period December 1, 1978 through November 30, 1979. PASSED and APPROVED th~s the 14th day of November, A D. 1978 OF DENTON, TEXAS APPROVED AS TO LEGAL FOP~M PAUL C IBl-I~Id~ CITY ATTOP~q'EY CITY OF DENTON~ TEXAS NeX t DoCument AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF DECEMBER, A.D 1978 RESOLUTION WHEREAS, certain citizens and organizations in the community, whlch include the League of Women Voters and the Citizens Landfill Site Selection Committee, support the development of a program for resource recovery an the City of Denton, Texas, and WHEREAS, the City Councll of the City of Denton, Texas has determlned that Resource Recovery may offer a long range solution to the solid waste problem in Denton, and WHEREAS, the Clty Council has determined that funds are available from the Un~ted States Environmental Protection Agency to f~nance 75% of the cost of conducting a feasIbility study for a Resource Recovery Project; NOW THEREFORE, BE IT RESOLVED THAT THE CITY MANAGER OF THE CITY OF DENTON, TEXAS Is hereby authorized to submit an application to the Un~ted States Environmental Protectlon Agency for funding under the Resource Conservation and Recovery Act of 1976 to conduct a feasI- bility analysis of Resource Recovery for the City of Denton PASSED AND APPROVED th~s the 5th da~y~of December, A D. 1978. yMITCHELL, MAYOR OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS