HomeMy WebLinkAboutResolutions 1983 RESOLUTION
WHEREAS, the City Council of the City of Denton has here-
tofore determined the necessity for disposing of the real
property hereinafter described; and
WHEREAS, after due notice as required by law, competitive
bids were received by the C1ty of Denton; and
WHEREAS, the highest bid received was for E~ghteen Thousand
Two Hundred Fifty-Two Dollars ($18,252.00), from R. H. Invest-
ments (T. M. St~ngley); and
WHEREAS, the City Councll hereby finds and determines that
the reasonable and fair market value of such property ~s
Eighteen Thousand Two Hundred F1fty-Two Dollars {$18,252.00);_
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION I.
The bid for Eighteen Thousand Two Hundred F~fty-Two Dollars
($18,252.00) by R. H. Investments (T. M. Stlngley) is hereby
accepted.
SECTION II.
The Mayor is hereby authorlzed to execute on behalf of the
City of Denton, Texas a quitclaim deed conveying the herein-
after descrlbed property to R. H. Investments (T. M. Stlngley),
to-wit:
Ail that certain 0.4125 acre lot, tract or parcel of land
situated in the City of Denton, Texas ~n the A. H~ll Survey,
Abstract No. 623, Denton County, Texas and being part of a
tract of land deeded to the City of Denton and recorded ~n
Volume 767, Page 426, Deed Records of Denton County, Texas and
being more particularly described as follows:
BEGINNING at the most westerly southwest corner of Lot 1 of the
Myrtle Addition as recorded in Cablnet B, Page 231, Plat
Records of Denton County, Texas, an iron pin set in the ground;
THENCE south 89°33'12'' east with the south line of sald Lot 1 a
distance of 127.03 feet to an ~ron pin set at a corner of said
Lot 2;
THENCE south 00°30' west and passing the northwest corner of
Lot 2 and the most easterly southwest corner of Lot 1, Myrtle
AdditiOn at 9.99 feet and continuing a total d~stance of 70.0
feet to an iron p~n found at the southwest corner of sa~d Lot 2
and also being the northwest corner of a tract of land deeded
to Charles Hopkins recorded in Volume 916, Page 860, Deed
Records of Denton County, Texas;
THENCE south 00°31'22'' west with Hopkins west line a d~stance
of 212.86 feet to a 4 inch pipe found at Hopkins southwest
corner;
THENCE north 23°40'44'' west a d~stance of 309.93 feet to the
point of beginning.
CONDITIONS. Sale of the property is subject to the followlng
conditions:
1. Utility services shall be provided from Myrtle Street.
2. A twenty foot (20') parkway shall be retained for
Carroll Boulevard.
3. Curb cuts shall be ~n accordance w~th the C~ty of
Denton standards provided in the proposed subdivision
regulations.
SECTION III.
The City of Denton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
advertisement for b~d.
PASSED AND APPROVED th~s the /~ --day of January, 1983.
I ARD O. STEWA~, MAYOR~-4~'
ATTEST:
CHARLOTTE'-ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
, i---,,/-
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS-
SECTION I.
That the Policies of the Municipal Library as approved by
the City Council on December 7, 1976 are hereby amended to
provide for new fees as follows:
1. Non Residents of Denton County
An applicant who ~s not a resident of Denton or
Denton County, but who ls a permanent resident of
an adjoining County may be issued a library card
with full privileges upon payment of an out-of-
county fee in the amount of Twenty-Five Dollars
($25.00) per year beginning with the date of
applIcation.
2. Flnes/Overdues
Fines for overdue books, record albums, vertical
f~le materials, tape cassettes, w~ll be ten cents
(10g) per day excluding Sundays and holidays.
SECTION II.
Th~s Resolution shall become effective from and after ~ts
date of passage.
PASSED AND APPROVED this the _ /~7'~day of~,~~~,
1983.
CItY OF D~NTON, TEXAS
ATTEST
CHARLOTTE ALLEN, CITY SECRETARY
CITY, OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: ~
RE SOLUT I ON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
WHEREAS, it ls one of the basic responsibilities of the City
of Denton to protect the life and property of ~ts citizens
through the operations of efficient, reliable and affordable
police and fire departments; and
WHEREAS, it is increasingly evident from more than
th~rty-five (35) years of experience that a ma]or barrier ~n the
City of Denton's way in providing its citizens wlth the best
police and fire service possible ~s an antlquated state law
commonly known as 1269m which dictates to cltles how officers
and f~reflghters will be promoted and dlsclpl~ned wlthout regard
for local circumstances; and
WHEREAS, there ~s documented evidence from all sectors of
the State of Texas that the f~fty-flve (55) cities which today
are under 1269m have seen their police and f~re chiefs
transformed from managers into administrators by new limits
lobbied into the law every two years by unions representlng the
police officers and flreflghters; and
WHEREAS, these increasingly harmful provisions have made
1269m a law which fosters wasteful expenditures and lnefflclent
management at a time when cities see revenue dwindling; and
WHEREAS, after long study and due deliberations, the
fifty-five (55) Texas c~ties under 1269m are 3o~nlng in a
concerted effort to amend the law in the upcoming Legislature by
giving police and fire chiefs the power to manage their
department, but to retain portions of the law which give c~vll
service employees necessary protections; Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT:
SECTION I.
The City of Denton, Texas, believes that it is tlme to
return common sense into Texas Police and Flre Stations by
amending 1269m to allow police and f~re chlefs to manage their
departments more effectively through the appointment of
qualified deputies of their choice, use of ~mproved promotion
system techniques, more reasonable d~sc~pl~nary rules and other
relevant changes.
SECTION II.
That the C~ty of Denton, Texas supports the Texas Municipal
League's 1269m Task Force amendments to 1269m because ~t does
address ~ssues which w~ll return management back to police and
f~re chiefs.
SECTION III.
That the C~ty of Denton, Texas, now calls on all Texas
Legislators, especially those representing the c~t~zens of our
c~ty, to support the Task Force Leg~slatlon which makes the
necessary changes to 1269m.
SECTION IV.
That every c~tlzen of th~s C~ty, every buslness and the
Chamber of Commerce, plus other organizations, take a stand ~n
favor of ,mprovements to 1269m which w~ll return common sense
back to Texas police and fire stations.
PASSED AND APPROVED th~s the 18th day of January, 1983.
ATTEST-
CHA~R~OTT~ ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, the City of Denton flnas it necessary to purchase
a certain tract located in the City of Denton, Texas, ann more
fully described below; and
WHSREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will
be served by the purchase of the parcel of real estate
described below; and
WHEREAS, the City of Denton and Robert D. Gath~ngs and
wife, Shellye Kay Gathlngs, owners of said parcel, agree that a
consideration of Two Thousand Eight Hundred Dollars ($2,800.00)
is a fair and agreed value oi such described property,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS'
SECTION I.
The City Attorney is hereby authorized to prepare the
necessary legal documents to complete the transfer of property
so described below from the owners thereof to the City of
Denton.
All that certain lot, tract or parcel of land lying and being
s~tuated in the County of Denton, State of Texas, and being
part of the R.J. Mosley survey, Abst. No. 803 and also being
part of a tract of land as conveyed ~rom Freddie Jane O'Rear to
Robert D. Gathlngs and wife Shellye Kay Gathlngs by deed dated
1-16-78 and recorded in Volume 872, Page 685 of the Deed
Records of Denton County, Texas, and more particularly
described as follows:
Beginning at the southeast corner of said tract, sa~d point
also lying in the north boundary line of a tract conveyed to
the City of Denton by deed and recorded in Volume 462 page 465
of the Deed Records of Denton County, Texas;
Thence north 85~10' west along the south boundary line of said
tract and the north boundary l~ne of said City tract a distance
of 959.52 feet to a point for a corner, same being the
southerly southwest corner of said tract,
Thence north along the southerly west boundary l~ne of said
tract, a d~stance 45.5 ~eet to a point for a corner;
Thence south 85~10' east a distance of 961.95 feet to a point
for a corner in the east boundary of said tract;
Thence south 3"03' west along the east boundary line of said
tract a d~stance 45.36 feet to the place of beginning and
containing 1.0 acre of land more or less.
SECTION II.
The C~ty of Denton is hereby authorized to pay lts share of
the neaessary and reasonable cost o~ closing as requ~re~ by the
sales contract. 7~
PASSED AND APPROVED th~s the /~ day o~ ~ 1983.
RD O~ S
· CI~ OF D~TON
ATTEST:
CI~R~.0TT~. ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
THE sTATE OF TEXAS,I Know All Men By These Presents:
COUNTY OF P I/ OI/ .
Th~ ROBERT D. GATHINGS AND WIFE, SHELLYE KAY GATHINGS
of the County of Denton , State of Texas for and m conslderaUon of
the sum of ...............................................................
........... TWO Thousand Eight Hundred and No/100 ($2,800.00)--DOLLARS,
to them mtmndpaidby the City of Denton, Texas, a Municipal
Corporation
have Grant~,Sddand ConveyS, and by the~ presentsdo Grant,$~l ~dConveyunto they,d City of
Denton, Texas, a Municipal Corporation
of theCounty ~ Denton ,St~eo! Texas
All that certain lot, tract or parcel of land lying and being situated
the County of Denton, State of Texas, and being part of the R.J. Mosley
survey, Abst. No. 803 and also being part of a tract of land as conveyed
from Freddxe Jane O'Rear to Robert D. Gathxngs and wife Shellye Kay
Gathlngs by deed dated 1-16-78 and recorded in Volume 872, Page 685 of
the Deed Records of Denton County, Texas, and more particularly described
as follows:
Beginning at the southeast corner of said tract, sa~d point also lyxng in
the north boundary line of a tract conveyed to the City of Denton by deed
and recorded in Volume 462 page 465 of the Deed Records of Denton County,
Texas;
Thence north 85°10' west along the south boundary line of said tract and
the north boundary line of saxd City tract a distance of 959.52 feet to a
point for a corner, same being the southerly southwest corner of sa~d
tract;
Thence north along the southerly west boundary line of said tract, a
distance 45.5 feet to a point for a corner;
Thence south 85010' east a distance of 961.95 feet to a point for a
corner in the east boundary of sa~d tract;
Thence south 3°03' west along the east boundary line of said tract a
distance 45.36 feet to the place of beginning ana containing 1.0 acre of
land more or less.
TO HAVE AND TO HOLD the above described premises, together with ifil and singular, the rights and
appurtenances thereto in miywise belongmg unto the sifid City of Denton, Texas, a Municipal
Corporation, its successors
~ and assigns forever, and we do hereby bind ourse ives, our
hsirs, executors and adminlstrators~ to Warrant and Forever Defend ifil and singular the said premises unto the
s~d City of Denton, Texas, a Municipal Corporation, its successors
Xtiel~s( and assigns against every person whomsoever lawfully clami~ng, or to c]~t,m the same~ or any part
thereof
W~tness our hand at Denton, Texas thru day of
,AD. 19 83
W~tnesses at Request of Grantor
ROBERT D. GATHINGS
SHELLYE KAY GATHINGS
SALES CONTRACT
THE STATE OF TEXAS )
BY THIS AGREEMENT AND CONTRACT:
COUNTY OF DENTON )
Robert D. Gath~n~s and w~fe Shell~e Kay Gathlngs hereinafter
called Seller, hereby sells and agrees to convey unto the Clty
of Denton, Texas, a Municipal Corporation, hereinafter called
Purchaser, the described property lylng and being sltuated ~n
the City and County of Denton, State of Texas, and more
particularly described by metes and bounds ~n Exhibit "A"
attached hereto and made a part hereof.
The purchase price ~s $2,800.00, payable at closing.
Purchaser agrees to furnish a T~tle Insurance Policy to
said property, which shall be conveyed free and clear of any
and all encumbrances.
If any t~tle objections are made, then the Seller or h~s
Agent shall have a reasonable time to cure sa~d objections and
show good and marketable title.
Seller agrees when the t~tle ob]ectlons have been cured, to
deliver a good and sufficient General Warranty Deed properly
conveying said property to sa~d Purchaser.
Taxes for the current year ar to be prorated to the date of
closing.
The C~ty of Denton w~ll construct a fence along the north
property l~ne of this tract and the Clty wlll not use thls
tract for the d~sposal of solid waste garbage.
The purchase of sa~d property ls subject to the approval of
the C~ty Council of the C~ty of Denton, Texas.
Executed ~n triplicate thls the //Q~day of~=-~, A.D.
19~.
CITY OF DENTON, TEXAS, SELLER
PURCHASER
Robert D. G~things
Shellye Kay G~h~ngs
Exhlblt "A"
Ail that certain lot, tract or parcel of land lying and being
situated ~n the County of Denton, State of Texas, and being
part of the R.J. Mosley survey, Abst. No. 803 and also being
part of a tract of land as conveyed from Freddie Jane O'Rear to
Robert D. Gath~ngs and wife Shellye Kay Gath~ngs by deed dated
1-16-78 and recorded in Volume 872, Page 685 of the Deed
Records of Denton County, Texas, and more particularly
described as follows:
Beginning at the southeast corner of said tract, sa~d point
also lying in the north boundary l~ne of a tract conveyed to
the City of Denton by deed and recorded ~n Volume 462 page 465
of the Deed Records of Denton County, Texas;
Thence north 85° 10' west along the south boundary line of
sa~d tract and the north boundary l~ne of said City tract a
d~stance of 959.52 feet to a point for a corner, same being the
southerly southwest corner of said tract;
Thence north along the southerly west boundary l~ne of sa~d
tract, a distance 45.5 feet to a point for a corner;
Thence south 85° 10' east a distance of 961.95 feet to a
point for a corner in the east boundary of sa~d tract;
Thence south 3° 03' west along the east boundary l~ne of sa~d
tract a distance 45.36 feet to the place of beginning and
containing 1.0 acre of land more or less.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
The Clty Council of the City of Denton, Texas hereby request
the Texas Department of H~ghways and Public Transportation to
offlclally deslgnate a location for the southern and western
extension of State H~ghway 288 generally along Mayh~ll Road to
Ryan Road and then along Ryan Road west and north to the present
locatlon of State Hlghway 288 north of the City of Denton, all
as shown on the map attached hereto and made a part hereof
SECTION II.
The C~ty Councll further request the Texas Department of
Highways and Publlc Transportation to designate and reroute
exlst~ng Farm to Market Road 2181 from Teasley Lane along the
proposed route of Rldgeway Street to its ~ntersectlon with State
Hlghway 288 at lts lntersectlon with Interstate 35-East, all as
shown on the map attached hereto and made a part hereof
PASSED AND APPROVED thls the /~_7~day of~,
1983.
ATTEST
CHKRLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
%
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Plate 6 MAJOR THOROUGHFARE PLAN
· ' ' Malor Arterial(PRiMARY) ¥~,=nsYe~e~ City 4 to
Major Arterial (S~ONDAEy) Connects malor ~chons
Collector (NOT SHOWN)Collects ~borho~ tmff,c to after,els 50'to ~'r~
~ __ _ _~ O Ex,sting Grade Separatton ~ Propos~ (N~ oR REBUILT) Grade Sep~abon
~ NOTE For~&~ ~ pageSJ
~ .... r ~ ..... ~ .... PAGE 46' :'
RESOLUTION
WHEREAS, the City of Denton, Texas has heretofore and
authorized the extension and improvement of Windsor Drive; and
WHEREAS, such street extension and improvement requires the
acqulsltlon of the land described here~n;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Denton hereby authorizes the acquisition of land
accordance with the Contract of Sale attached hereto, described
as follows:
Tract 1: All that certain 0.279 acre tract, or parcel of land
situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 186,
Denton County, Texas; said tract being part of a tract shown by
deed to E. D. Headlee and recorded ~n Volume 878, Page 564 of
the Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING for the northeast corner of the tract being described
herein at an iron pin set In the ground at the northeast corner
of said Headlee Tract, sa~d corner also being the northwest
corner of a tract deeded to Tex Martin and recorded in Volume
762, Page 484 of the Deed Records of Denton County, Texas;
THENCE south 2"14'59" west 27.13 feet to an Iron pln set ~n the
ground on the south line of proposed Windsor Drive;
THENCE north 88"27'27" west with the south line of said proposed
road 442.62 feet to an lron pin set in the ground on the west
line of said Headlee tract and the east line of a tract deeded
to B. M. Ennls and recorded in Volume 1001, Page 542 of the Deed
Records of Denton County, Texas;
THENCE north 02"14'59" east 27.71 feet to an iron pin set in the
ground at the northwest corner of said Headlee tract;
THENCE south 88"22'57" east 442.61 feet to the point of
beginning.
TRACT 2: All that certain 1.046 acre tract, or parcel of land
sltuated in the Thomas Toby Survey, Abstract No. 1288, and the
B.B.B. & C.R.R. Co. Survey, Abstract No. 186, and the N. H.
Me~senheimer Survey, Abstract No. 810, Denton County, Texas;
sa~d tract being part of a tract shown by deed to E. D. Headlee
and recorded ~n Volume 878, Page 567 of the Deed Records of
Denton County, Texas and being more particularly described as
follows=
BEGINNING for the northeast corner of the tract being described
herein at an Iron pin set In the ground at the northeast corner
of sa~d Headlee Tract;
THENCE south 01"12'49" west 167.30 feet to an iron pin found in
the ground at the northwest corner of Lot 1, Block 2, Section 4
of the Headlee Addition to the City of Denton;
THENCE north 88°14'47'' west wlth the north line of Mesquite
Street 49.93 feet to an iron pin found ~n the ground at the
northeast corner of Lot 11, Block 1, Section 4 of the Headlee
Addition;
PAGE ONE
THENCE north 01"12'49" east 137.49 feet to an *ron pin set in
the ground on the south l~ne of proposed Windsor Drive;
THENCE north 89°00'32'' west w~th the south llne of sa~d proposed
road 1040.43 feet to an iron p~n set ~n the ground on the east
llne of Hlnkle Drlve;
THENCE north 01°12'49" east with the east line of sa~d proposed
road 41.85 feet to an iron pln set in the ground at the
northwest corner of sa~d Headlee tract;
THENCE south 88"20'30" east 1090.38 feet to the polnt of
beginning.
Tract 3: All that certaln 0.068 acre tract, or parcel of land
s~tuated ~n the B.B.B. & C.R.R. Co. Survey, Abstract No. 186,
City and County of Denton, Texas; sa~a tract being part of a
tract shown by deed to E. D. Headlee as recorded ~n Volume 878,
Page 561 of the Deed Records of Denton County, Texas sa~d tract
being further described Dy metes and bounds as follows:
BEGINNING for the northwest corner of the tract being described
here~n at an ~ron pin in Old Sanger Road at the northwest corner
of sa~d Headlee Tract, being also the northeast corner of tract
shown by deed to Tex Martxn as recorded in volume 762, Page 484
of said Deed Records of Denton County, Texas;
THENCE south 88°21'58'' east 164.83 feet along the north line of
said Headlee Tract to an ~ron p~n set at point of ~ntersect~on
with the southeasterly proposed right of way llne of W~ndsor
Dr~ve;
THENCE westerly 167.99 feet with arc of curve to r~ght whose
radius ls 570.83 feet to an ~ron pin set at ~ts ~ntersect~on
wlth the western 1,ne of said Headlee Tract, chord bearing south
82°12'08'' west 167.39 feet;
THENCE north 2"14'59" east 27.43 feet to the place of beginning;
from E. Deats Headlee, and the Mayor ~s hereby authorized to
execute sa~d Contract of Sale and other documents necessary to
such conveyance.
PASSED AND APPROVED th~s the 1st day of Peb~ary, 1983.
ATTEST:
CR"ARLOTT~ ALLEN, C~TY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE TWO
THE STATE OF TEXAS S
CONTRACT OF EXCHANGE
COUNTY OF DENTON S
THIS AGREEMENT, by and between E. DEATS HEADLEE, hereinafter
called Grantor, and the CITY OF DENTON, TEXAS, a municipal
corporation, hereinafter called Grantee;
WITNESSETH, that the grantor agrees to grant and convey, and
the grantee agrees to accept upon the terms and conditions
hereinafter set forth, the following described real property:
Tract 1~ Ail that certain 0.279 acre tract, or parcel of land
~ ~n the B.B.B. & C.R.R. Co. Survey, Abstract No. 186,
Denton County, Texas; said tract being part of a tract shown by
deed to E. D. Headlee and recorded ~n Volume 878, Page 564 of
the Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING for the northeast corner of the tract being descr*bed
here~n at an lron p~n set in the ground at the northeast corner
of sa~d Headlee Tract, sa~d corner also belng the northwest
corner of a tract deeded to Tex Mart~n and recorded ~n volume
762, Page 484 of the Deed Records of Denton County, Texas;
THENCE south 2°14'59'' west 27.13 feet to an ~ron pin set in the
ground on the south line of proposed Windsor Dr~ve;
THENCE north 88°27'27'' west w~th the south line of sald proposed
road 442.62 feet to an ~ron pln set in the ground on the west
l~ne of said Headlee tract and the east line of a tract deeded
to B. M. Ennls and recorded in Volume 1001, Page 542 of the Deed
Records of Denton County, Texas;
THENCE north 02°14'59'' east 27.71 feet to an ~ron p~n set ~n the
ground at the northwest corner of sa~d Headlee tract;
THENCE south 88~22'57'' east 442.61 feet to the point of
beginning.
TRACT 2' Ail that certain 1.046 acre tract, or parcel of land
situated ~n the Thomas Toby Survey, Abstract No. 1288, and the
B.B.B. & C.R.R. Co. Survey, Abstract No. 186, and the N. H.
Me~senhe~mer Survey, Abstract No. 810, Denton County, Texas;
said tract being part of a tract shown by deed to E. D. Headlee
and recorded ~n Volume 878, Page 567 of the Deed Records of
Denton County, Texas and being more particularly described as
follows:
BEGINNING for the northeast corner of the tract being described
here~n at an ~ron p~n set in the ground at the northeast corner
of sa~d Headlee Tract;
THENCE south 01~12'49'' west 167.30 feet to an ~ron pin found
the ground at the northwest corner of Lot 1, Block 2, Section 4
of the Headlee Addition to the City of Denton,
THENCE north 88~14'47" west w~th the north l~ne of Mesqulte
Street 49.93 feet to an ~ron pin found ~n the ground at the
CONTRACT OF EXCHANGE-PAGE ONE
northeast corner of Lot 11, Block 1, Section 4 of the Headlee
Addition;
THENCE north 01°12'49'' east 137.49 feet to an ~ron pin set ~n
the ground on the south line of proposed Windsor Drive;
THENCE north 89°00'32'' west w~th the south l~ne of said proposed
road 1040.43 feet to an iron pin set in the ground on the east
line of Hlnkle Dr~ve;
THENCE north 01°12'49'' east with the east line of sald proposed
road 41.85 feet to an ~ron p~n set ~n the ground at the
northwest corner of said Headlee tract;
THENCE south 88~20'30'' east 1090.38 feet to the point of
beginning.
Tract 3: Ail that certain 0.068 acre tract, or parcel of land
sltuated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 186,
C~ty and County of Denton, Texas; said tract being part of a
tract shown by deed to E. D. Headlee as recorded in Volume 878,
Page 561 of the Deed Records of Denton County, Texas sa~d tract
belng further described by metes and bounds as follows:
BEGINNING for the northwest corner of the tract being described
herein at an iron pln in Old Sanger Road at the northwest corner
of sa~d Headlee Tract, being also the northeast corner of tract
shown by deed to Tex Martin as recorded in volume 762, Page 484
of said Deed Records of Denton County, Texas;
THENCE south 88°21'58'' east 164.83 feet along the north llne of
sa~d Headlee Tract to an ~ron p~n set at point of ~ntersectlon
with the southeasterly proposed r~ght of way line of Windsor
Drive;
THENCE westerly 167.99 feet w~th arc of curve to r~ght whose
radius is 570.83 feet to an ~ron pin set at its ~ntersect~on
with the western line of said Headlee Tract, chord bearing south
82°12'08'' west 167.39 feet;
THENCE north 2°14'59'' east 27.43 feet to the place of beginning.
1. Grantee ~s acquiring the real proprty described here~n
for the expansion and improvement of W~ndsor Drive in the C~ty
of Denton.
In consideration of Grantor conveying the property described
herein to Grantee, Grantee agrees to pay to Grantor Twenty-Two
Thousand Seventy-Slx Dollars ($22,076.00). The $22,076.00 check
received w~ll be endorsed and transferred to the City of Denton
for the cost of water and sewer taps and pro-rata of sanitary
sewer lines on Windsor Dr~ve as shown on the letter dated
12-28-82 from Earl Jones.
CONTRACT OF EXCHANGE-PAGE TWO
2. Grantee agrees to ~nstall and make all paving, curb,
gutter and drainage ~mprovements adjacent to Grantor's property
without any ~mprovement assessments being made against Grantor
or Grantor's land.
3. Grantee agrees to deposit on Grantor's property any
excess excavated material taken or resulting from the street
improvement work on the property adjacent to Seller's property.
4. The Grantor agrees to convey to Grantee marketable fee
simple t~tle to the property free and clear of all recorded and
unrecorded l~ens, encumbrances, assessments, easements, leases
and taxes except public easements and r~ghts-of-way of record.
5. The Grantor agrees to execute and convey by grant deed,
warranting t~tle to the Grantee, the land described herein upon
payment of the amounts specified ~n 1. above.
6. Grantor warrants that there are no oral or written leases
on all or any portion of the property.
7. Th~s Agreement constitutes the entire Agreement between
the part~es and nelther party relies upon any warrants or
representations not contained here~n.
In w~tness whereof, the part~es have executed th~s Agreement
th~s ~ay ~,~_n,'~! ,1983.
TSHETS HEADLEE/ GRANTOR
IC ARD YOR
CIT~ OF D~NTON, TEXAS
ATTEST
CHARLOTTE 'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
CONTRACT OF EXCHANGE-PAGE THREE
Docament
RESOLUTION
WHEREAS, the City of Denton, Texas has heretofore and
authorized the extension and improvement of Windsor Drive; and
WHEREAS, such street extension and improvement requires the
use of a portion of the land presently used as Evers Park; and
WHEREAS, the conversion of park land to other uses requires
the replacement of such land for continuation of federal funding
for park development;
NOW, THEREFORE, BE IT RESOLVED that the Clty Council of the
City of Denton hereby authorizes the purchase of land in
accordance with the Contract of Sale attached hereto, described
as follows:
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the B.B.B. & C.R.R. Co. survey, Abst. No. 186, and
also being part of a tract of land as conveyed to Bob E. Trlpp
and David E. Tripp, Trustees by deed dated December 29, 1979 and
recorded in Volume 996, Page 376 of the Deed Records of Denton
County, Texas, and more particularly described as follows:
BEGINNING at the most southerly northeast corner of sa~d Trlpp
tract, same being the southeast corner of Evers Park as
described in deed recorded in Volume 596 page 560 of the Deed
Records of Denton County, Texas, said point also lying in the
west right-of-way line of North Locust (F.M. 2164),
THENCE north 88o32'15'' west, along an existing chain link
fence for approximately 350 feet and continuing for a total
distance of 440 feet to a point for a corner;
THENCE north 40o18'37'' west a distance of 234.47 feet to a
point for a corner;
THENCE north 0006'42'' east passing at approximately 123.61
feet a corner post of a chain link fence and continuing along
said bearing and fence, passing at 232.37 feet the south
right-of-way line of Windsor Drive as described in deed recorded
in Volume 1167 page 100 of the Deed Records of Denton County,
Texas, passing at 295.97 feet the north right-of-way line of
said Windsor Drive and continuing for a total distance of 885
feet to a point for a corner, said point lying in the south
boundary line of a tract deeded to the Denton Independent School
District by deed recorded in Volume 1140, Page 234 of the Deed
Records of Denton County, Texas;
THENCE north 89o59'03'' east along the south boundary line of
said Denton Independent School District Tract a distance of 1.91
feet to a point for a corner, said point being the southeast
corner of said D.I.S.D. tract, said point also lying in the west
boundary line of said Evers Park tract;
PAGE ONE
THENCE south 0°01'30" east along the west boundary of saxd
Evers Park a distance of 751.39 feet to the most northerly
southwest corner of Evers Park;
THENCE south 37°31'29" east along the southwest boundary line
of said Evers Park a distance of 390.5 feet to the southerly
southwest corner of said Evers Park;
THENCE south 87043'09'' east along the south boundary line of
sa~d Evers Park, a dlstance of 350 feet to the place of
beglnning and containlng 0.65 acres of land more or less.
from the Bob E. Trlpp, Trust No. 2 to be used as part of Evers
Park and the Mayor ~s hereby author,zed to execute said Contract
of Sale and other documents necessary to such conveyance.
PASSED AND APPROVED th~s the /~day of6e~, 1983.
ATTEST1
CHARLOTTE ALLEN, CITY SEC~TARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE TWO
THEco , rvSTATEoF TEXAS,I_ _ Know All Men By These Presents:
That BOB E. TRIPP and DAVID E. TRIPP, TRUSTEES FOR THE BOB E.
TRIPP TRUST NO. 2
~ ~e Co~ ~ Denton , S~te of Texas for md in co~l~raUon of
· e mm of ...............................................................
.................... TEN AND NO/100 ($10.00) .................... DOLLARS,
and other good and valuable consideration
to them mha~pmdb¥ the City of Denton, Texas, a Municipal
Corporation, the receipt of which is hereby acknowledged,
have Gr~t~, Sold md ConveyS, a~ by ~e~ presen~ ~ Grant, Se~ md Conv~ ~ ~e ~ City 0 f
Denton, Texas, A Municipal CorporatIon
of~eCoun~ d Denton ,Stateof Texas lilr~K~
Ail of the following described real property in Denton County, Texas, to
w~t:
Ail that certain lot, tract or parcel of land lying and being s~tuated ~n
the City and County of Denton, State of Texas, and being part of the
B.B.B. & C.R.R. Co. survey, Abst. No. 186, and also being part of a tract
of land as conveyed to Bob E. Trxpp and David E. Tr~pp, Trustees by deed
dated December 29, 1979 and reoorded ~n Volume 996, Page 376 of the Deed
Records of Denton County, Texas, and more particularly described as
follows:
BEGINNING at the most southerly northeast corner of sa~d Tr~pp tract,
same being the southeast corner of Evers Park as described ~n deed
recorded ~n Volume 596 page 560 of the Deed Records of Denton County,
Texas, sa~d point also lyzng ~n the west r~ght-of-way l~ne of North
Locust (F.M. 2164);
THENCE north 88°32'15'' west, along an ex~st~ng chain l~nk fence for
approximately 350 feet and contxnu~ng for a total d~stance of 440 feet to
a point for a corner;
THENCE north 40o18'37" west a d~stance of 234.47 feet to a point for a
corner;
THENCE north 0006'42" east passing at approximately 123.61 feet a
corner post of a chain link fence and continuing along sa~d bearing and
fence, pass.lng at 232.37 feet the south r~ght-of-way l~ne of W~ndsor
Drlve as described ~n deed recorded ~n Volume 1167 page 100 of the Deed
Records of Denton County, Texas, passing at 295.97 feet the north
right-of-way line of s d Windsor Drive and cc ~inulng for a total
distance of ~85 feet t( a point for a corner, sa.u point lylng in the
south boundary line of a tract deeded to the Denton Independent School
Distr~ct by deed recorded in Volume 1140, Page 234 of the Deed Records of
Denton County, Texas;
THENCE north 89o59'03'' east along the south boundary line of said
Denton Independent School Dlstrlct Tract a d~stance of 1.91 feet to a
point for a corner, said point being the southeast corner of sald
D.i.S.D. tract, said point also lying in the west boundary l~ne of sa~d
Evers Park tract;
THENCE south 0o01'30'' east along the west boundary of sald Evers Park a
distance of 751.39 feet to the most northerly southwest corner of Evers
Park;
THENCE south 37031'29'' east along the southwest boundary line of said
Evers Park a distance of 390.5 feet to the southerly southwest corner of
sa~d Evers Park;
THENCE south 87043'09'' east along the south boundary l~ne of said Evers
Park, a distance of 350 feet to the place of beglnn~ng and containing
0.65 acres of land more or less.
TO I'iAV~ AND TO ~OLD ~e ~ow d~,mh~ prem~, ~ m~ ~1 ~d ~n~l~, ~ n~ a~
appn~¢es~o~ywl~b~lon&n~to~e~id C~y of Denton, ~exas, ~ts sucoessors
lmml:and assigns forever, and0.t /ct°~Sherebyblnd itself, its successors
lm~ executors and achmmstrators, to Warrant and Forever Defend all and singular the smd premises unto the
C~ty of Denton, Texas, ~ts successors
~ and assigns against every person whomsoever lawfully clamnng, or to clann the same, or any part
thereof
W~tn~ our hand at Denton, Texas thru day of
,AD 19 83
Witnesses at Request of Grantor
BOB E. TRIPP, TRUSTEE
DAVID E. TRIPP, TRUSTEE
RESOLUTION
WHEREAS, heretofore previously, House Bill 194 has been
filed and is currently before the House of Representatives of
the State of Texas; and
WHEREAS, said legislation has been submitted to the general
convention of the Texas Municipal League; and
WHEREAS, the Resolutions Committee of the Texas Municipal
League unanimously approved said legislation, and the General
Assembly of the Texas Municipal League likewise approved sa~d
legislation; and
WHEREAS, House Bill 194 provides needed flexibility for
cities in the State of Texas to assist the property owners and
residents in said cities in securing replacement of sanitary
sewer laterals when the same becomes necessary because of the
relocation and/or replacement of sanitary sewer mains; and
WHEREAS, the health, safety and well-be~ng of every person
in any city in the State of Texas ~s dependent upon an efficient
system for the transportation of sewage and wastewater products;
and
WHEREAS, it may be totally impossible for a resident of a
c~ty, faced w~th an expenditure of in excess of $1,000.00, to
secure a low-cost loan for the money necessary to accomplish
such replacement of a sewer lateral; and
WHEREAS the residents of Texas cities are fully protected
under the terms of such leg~slatlon by reason of their options
to withdraw in the event the cost for such work is excessive;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the City of Denton, Texas does support and urge the
passage of House B~ll 194 currently pending in the Texas House
of Representatives, having been heretofore previously introduced
by Representative Brad Wright; and be it further resolved that
the C~ty of Denton, Texas calls upon lts elected representatives
and senators to support said legislation and to secure the
passage thereof as promptly as poss,ble; and be it further
resolved that the City of Denton, Texas calls upon the Governor
of the State of Texas to sign said legislation into law upon the
passage thereof.
PASSED AND APPROVED this the 15th day of February, 1983.
ATTEST:
CR-ARLOTTE ALSEN, ~IT~ SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, the City Attorney of the C~ty of Denton
appointed to office by the C~ty Council and serves at the
pleasure of the City Council under the terms and provisions of
Article VI of the Charter of the City of Denton, Texas; and
WHEREAS, on November 12, 1979 the City Council of the City
of Denton appointed C. J. Taylor, Jr., City Attorney of the
C~ty of Denton, Texas; and
WHEREAS, the employment contract of C. J. Taylor, Jr. has,
been extended by the City Councll of the City of Denton from
year to year; and
WHEREAS, after the annual performance review, the City
Council of the City of Denton is desirous of retaining C. J.
Taylor, Jr. as the Clty Attorney of the C~ty of Denton, Texas:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION I.
The C~ty Counc,l of the City of Denton hereby extends the
employment contract of C. J. Taylor, Jr. as C~ty Attorney of
the City of Denton, Texas, for an additional one year to
perform the function and duties spec~fled in the C~ty Charter,
the City Code, and the laws of the State of Texas, and to
perform such other legally permlss~ble and proper duties and
functions as the C~ty Council shall from time to t~me assign.
SECTION II.
The City Council agrees to pay C. J. Taylor, Jr. for his
services an annual base salary of $ 43,600.00 payable ~n
installments at the same t~me as other employees of the Clty
are paid.
S~CTION III.
An annual performance review will be conducted by the City
Council during the month of October of each year, and the City
Councll agrees to increase said base salary, fringe or other
benefits in such amounts and to such an extent as the City
Council may determine that it is desirable to do so on the
basls of the annual performance review made at the same t~me
as s~mllar cons~deratlon ~s given to other employees of the
City.
SECTION IV.
It is recognized that the Clty Attorney has to devote a
great deal of his time outside normal off~ce hours to bus~ness
of the C~ty, and to that end, the C~ty Attorney w~ll be
allowed to take compensatory t~me off as he shall deem
approprlate durlng said normal off~ce hours; provided,
however, the City Attorney shall devote his entlre tlme to the
performance of the duties and shall not spend more than ten
(10) hours per week in teaching, consulting, or other non-C~ty
connected business w~thout the prior approval of the C~ty
Council.
The City Council hereby agrees to budget and pay the
travel and subslstence expenses of the C~ty Attorney for
professional and official development and to adequately pursue
necessary official and other functlons for the C~ty, ~ncludlng
but not llmlted to the Annual Conference of the Municipal Law
Officers, C~ty Attorney's Association and such other national,
regional, state or local governmental groups and committees
thereof which the City Attorney serves as a member.
The City Council also agrees to budget 1nfo pay for the
travel and subsistence expenses of the C~ty Attorney for short
courses, institutes and seminars that are necessary for his
professional development and for the good of the City of
Denton.
The C~ty Council agrees to budget and pay the professional
dues and subscriptions of the C~ty Attorney necessary for h~s
continuation and full partlclpat~on, including the holding of
responsible offices in national, regional, state and local
associations and organizations necessary and desirable for his
continued professional participation, growth and advancement,
and for the good of the City of Denton.
SECTION V.
Before voluntarily resigning his position, C. J. Taylor,
Jr., agrees to give the City Council at least thirty (30) days
notice in writing of his intentions to resign, statlng the
reasons therefor.
In the event of his involuntary separation as City
Attorney, he shall be entitled to receive a lump sum payment
equal to sixty (60) days aggregate salary; provided, however,
that in the event of his termination because of his conviction
for any offense Involving moral turpitude or any illegal act
involving personal gain to him, then, in that event, the City
shall have no obligation to pay the aggregate severance sum
designated herein.
Involuntary separation as used in this paragraph means his
discharge or dismissal by the City Council or h~s resignation
following a reduction in salary or other flnanclal benefits of
the City Attorney in a greater percentage than an applicable
across-the-board reduction for all City employees or in the
event the City refuses following a written not~ce to comply
with any other provisions benefiting the City Attorney herein
or the City Attorney resigns, following a suggestion, whether
formal or informal, by the City Council that he resign, then,
in that event, the City Attorney may at his option be deemed
to be "terminated" at the date of such reduction or such
refusal to comply within the meaning and context of the herein
severance pay provision.
SECTION VI.
All provisions of the City Charter, City Code, and Rules
and Regulations of the City adopted by the City Council
relating to vacation and sick leave, retirement and pension
system contributions, holidays and other fringe beneflts and
working condit~ons as they now ex~st or hereafter may be
amended, shall apply to the C~ty Attorney as it would to other
employees of the City, ~n addition to sa~d benefits enumerated
specifically for the benefit of the City Attorney, except as
herein provided. The C~ty Attorney shall be entitled to
receive the same vacation and s~ck leave benefits as are
accorded other department heads, lncludlng provisions
governing accrual and payment therefor on termination of
employment.
PASSED AND APPROVED th~s the 21st day of December, 1982.
ATTEST '.
CHARLOTTE ALLEN, CITY SECRETARY
CITY 0~" DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
Next Doeument
RESOLUTION
BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
The Mayor ~s hereby authorized and d~rected to execute on
behalf of the City of Denton, Texas, a W~rel~ne L~cense
Agreement dated February 16, 1983, between the City of Denton
and the M~ssour~ Pacific Railroad Company, relating to the
construction and maintenance of one aerial 13.2KV power l~ne at
Mile Post 205.85, Engineer's Chalnage, Station 10868+78, Denton
County, Texas.
PASSED AND APPROVED th~s the _~ day of March, 1983.
ATTEST:
CHARLOTTE' ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C.J. TAY,LOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
MAR ~ 8 '198~
MISSOURI PAOIFIO RAILROAD
SPRING~ ~S 77373
A W REeS JR G R LILLY
B E KERLEE March 9, 1983 3507610
Mr E B Tullos, P E
Cmty of Denton, Texas
Munmcipal Building
Denton, Texas 76201
GLW- W~re Line DENTON, TEXAS
City of Denton
MP205 85
Dear Mr Tullos
Herewith the City's ormginal of W~re Lmne License dated February 16,
1983, covering crossing of Railroad's right of way at Mile Post 205 85, En-
gzneer's Chainage Station 10868+78 in Denton County, Texas, near Denton
Yours very truly,
/drf
Attachment
PURCHASE CONTRACT RELATING TO
$25,280,OO0
CITY OF DENTON, TEXAS
UTILITY SYSTEM REVENUE REFUNDING BONDS
SERIES 1983
The Honorable Mayor and C~ty Counml
City of Denton
Denton, Texas
Dear Mayor and Members of the Council.
The undersigned (hereinafter called the '~nderwrlters"), appearing on the
s~gnatu~e page hereof offer to enter into tins Purchase Contract wath the City of
Denton, Texas (hereinafter sometimes called the "C~ty") Tbas offer rs made subject
to the C~ty's acceptance of tbas Purchase Contract on or before 5 00 pm., New York
Tune, on Aprd 15, 1983, and ~f not so accepted, will be subject to w~thdrawal by the
Underwriters upon not~ce dehveved to the C~ty at any tune prior to the acceptance
hereof by the C~ty.
I Upon the terms and eondat~ons and upon the busrs of the
representations set forth hereto, the Underwriters, jointly and severally, hereby
agree to purchase from the C~ty, and the C,ty hereby agrees to sell and dehver to
the Underwriters an aggregate of $ 25,280,000 prmmpal amount of C~ty of Denton,
Texas, Ut~hty System Revenue Refunding Bonds, Ser~es 1983 (the "Bonds") The
Bonds shall be dated March 1, 1983, and shall have the matar~t~es and bear interest
from thmr date at the rate or rates per anmun shown on F_.xtub~t A hereto, such
interest being payable on December 1, 1983, and sem~armually thereafter on June 1
and December 1 m eanh year. The purchase pr~ee for the Bonds shall be as set forth
m the table below, plus m each ease interest accrued on the Bonds from thew date to
the date of the payment for mad dehvery of the Bonds (such payment and dehvery
being hereto sometimes called the "Closing").
Maturity Purchase Price
1983 - 2001 $ 22,976,190
2007 $ 2,028,070
Adchtaonally, the C~ty agrees to purchase from Goldman, Sachs & Co and
D~llon, Read & Co. Inc., $2,000,000 par value C~ty of Denton, Texas Electric System
Revenue Refunding Bonds Seraes 1978, maturing on December 1, 2007 for a total
purchase price of $1,597,340 to be paad at Closing pursuant to the Escrow Deposit
Agreement (hereinafter defined).
Exlubit B hereto is the Offering Memorandum, including the cover page,
Appenchees thereto, of the C~ty, dated March 10, 1983, w~th respect to the Bonds
The Offering Memorandum, ~nelud~ng the cover page and Appenchees thereto, us
further amended only m the manner hereinafter provided, LS hereinafter called the
"Offering Memorandum"
-1-
2. The Bonds shall be described in and shall be msued and secured under
the prowsions of the Ordinance adopted by the City on March 10, 1983 (the
"Ordinance"). The Bonds shall be subleet to redeinptlon and shall be payable as
prowded in the Ordmunee
3 The Underwriters have heretofore authorized Goldman, Sachs & Co.,
as semor manager, to execute this Purehase Contract on behalf of the Underwriters.
4. It shall be a condition of the obhgatlon of the C,ty to sell and dehver
the Bonds to the Underwriters, and of the obhgat~on of the Underwriters to purchase
and accept dehvery of the Bonds, that the entu'e principal ainount of the Bonds
authorized by the Ord,nanee shall be sold and dehvered by the C~ty and accepted and
pa~d for by the Underwriters at the Closing. The Underwriters agree to make a bona
fide pubhe offering of all of the Bonds, at not m excess of the uut~al pubhc offering
prices, as set forth on the cover page of the Offering Memorandum, plus interest
accrued thereon frein the date of the Bonds.
5. Dehvered to the C~ty herewxth ~s a certified or bank eastuer's eheck
payable to the order of the C~ty in New York Clearing House funds or other
lminechately available funds in the amount of one percent of the face amount of the
Bonds The City agrees to hold such cheek uneashed until the Closing to ensure the
performance by the Underwriters of their obhgat~ons to purchase, aeeept dehvery of
and pay for the Bonds at the Closing. Concurrently vnth the payment by the
Underwriters of the purchase price for the Bonds, the City shall return such cheek to
the Un&erwr~ters as prowded in Paragraph 8 hereof Should the C~ty fa~l to dehver
the Bonds at the Closing, or should the C~ty be unable to satisfy the eondlt~ons of the
obhgatlons of the Underwriters to pm-chase, accept dehvery of and pay for the
Bonds, as set forth in tins Purchase Contraet (unless w~ved by the Underw~tevs), or
should sueh obhgatlons of the Undevwrxtevs be terininated for any reason permitted
by tlus Purehase Contract, sueh cheek shall unnined~ately be returned to the
Undervnuters. In the event the Underw~ters fa~l (other than for a reason perinitted
hereunder) to purchase, accept dehvery of and pay for the Bonds at the Closing as
herein prowded, such cheek shall be retained by the C,ty as and for full hqmdated
damages for such failure of the Underwruters and for any defaults hereunder on the
part of the Underwriters
6. The City hereby anthor~zes the Ordinance, the Offering Meinorandum
and the information therein contained and eertam m~ormat,on extracted froin the
auchted Financial Stateinents of the City of Denton for the fiscal years ending
September 30, 1982 and 1981 relating to its Eleetrie System and Water and Sewer
System (the "Finane~al Statements") wtueh ~s meluded in the Prehmmary Offering
Memorandmn, dated as of March 1, 1983 (the "Prehmmary Offering Memorandum"),
to be used by the Underwriters m eouneet~on w~th the pubhe offering and sale of the
Bonds. The City eonfwins its consent to the use by the Underwriters prior to the
date hereof of the Prehmmary Offering Memorandum, and the Financial Statements
in eouneet~on vnth the pubhe offering of the Bonds
7 On the date hereof, the City represents, warrants and agrees as
follows:
-2-
(a) The Ctty m a mumelpal corporation, a pohttcal subchwmon of
the State of Texas and a body poht~e and corporate, and has full legal mght,
power and authomty to enter into tins Purchase Contract, to adopt the
Ordinance, to sell the Bonds, and to tssue and dehver the Bonds to the
Underwriters as prowded berem and to carry out and consummate all other
tvansaettons contemplated by the Ordinance, tins Purchase Contract and the
Offering Memorandum.
(b) By offimal cotton of the Ctty pmor to or concurrently w~th
the acceptance hereof, the C~ty has duly adopted the Ordinance, has duly
anthomzed and approved the executton and dehvery of, and the performance
by the C~ty of the obligations contained m the Bonds, ttus Purchase Contract
and the Offering Memorandum.
(c) The C~ty ~s not m breach of or default under any apphcable
law or admunstrattve regulatton of the State of Texas or the Umted States or
any applicable judgment or decree or any loam agreement, note, resolutton,
agreement or other instrument, except as may be dmelosed m the Offering
Memorandum, to winch the Ctty ts a party or is otherwme sub]eot, winch
would have a maternal and adverse effect upon the business or finanmal
oondxtton of the Ctty; and the exeeutton ~nd dehvery of tins Purchase
Contract by the Ctty and the exeeutmn and dehvery of the Bonds and the
adoption of the Ordinance by the C~ty and eomphanee w~th the provisions of
each thereof will not wolate or constitute a breanh of or default under any
exmtmg law, admmmtrative regulatton, judgment, decree or any agreement or
other instrument to winch the Ctty ts a party or m othecwme subject.
(d) Ali approvals, consents and orders of any governmental
anthomty or agency having ]urmd~et~on of any matter wtueh would constitute
a eonchtton precedent to the performance by the Ctty of ~ts obhgattons to sell
and dehver the Bonds hereunder and carry out and consummate the
ttmnsaettons contemplated by the Ordinance and Offering Memorandum have
been obtained
(e) At the t~me of the Ctty's acceptance hereof and at the
Closing, the Offering Memorandum does not and will not eontmn any untrue
statement of a maternal fact or omit to state a maternal fact reqmred to be
stated thereto or necessary to make the statements thereto, m the hght of the
eL~cumstanees under winoh they were made, not mmleachng
(f) Between the date of tlus Purchase Contract and the Closing,
the Ctty w~li not, w~thout the pmor written consent of the Undevwmters, msue
any adcht~onal bonds, notes or other obhgattons for borrowed money, and the
Ctty w~li not recur any maternal hainhtms, chrect or conttngent relattng to,
nor will there be any adverse change of a maternal nature m the fmanmal
posttton of, the C~ty's Electrm System and Water and Sewer System
(g) Except as descmbed m the Offering Memorandum, to the
knowledge of the Ctty, no ht~gat~on m pending, threatened, nor any basts
therefor exists, ~n any court affecttng the corporate emstence of the Ctty,
the tttle of tts offtcers to theft respective offices, or seeking to restrain or
eh]om the msuanee or dehvery of the Bonds, or the collection of recetpts or
-3-
assets of the City pledged or to be pledged to pay the principal of and interest
on the Bonds, or m any way oontestmg or ~ffectmg the vah&ty or
enforeeab~hty of the Bonds, the Or&nanee, or tins Purchase Contract, or
contesting the powers of the City, or any authomty for the Bonds, the
Ordinance, or tins Purchase Contract or eontestmg m any way the
completeness, accuracy ov rawness of the P~ehmmary Offering Memorandum
or the Offering Memorsndum or materially and adversely affecting the
financial condition of the C~ty
(h) The C~ty will cooperate w~th the Undevwmters m arranging
for the qushfleatlon of the Bonds for sale and the determination of thew
ehg~b~hty for investment under the laws of such jurrschetlous as the
Underwmters desgnate and w~ll use ~ts best effocts to continue such
quahflcat~ons m effect so long as reqmred for &stributlon of the Bonds;
prowded that, the C~ty wall not be required to execute a specml or general
consent to semee of process or qu~h~y to do business m connection wath any
such quahflcatlon m any ~uris&ctlon
(0 The descriptions contained m the Offering Memorandum of
the Bonds and the Ordinance accurately reflect the provisions thereof and the
Bonds, when vahdly executed, authenticated, certified and dehvered m
accordance wath the Ordinance and suld to the Underwriters as prowded
hereto, wall be vahdly issued and outstanding special obhgatlons of the City
entitled to the benefits of the Ordinance
(]) The Financial Statements axe authormed to be included m the
Offering Memorandum and are exact copies of certain mformat~on extracted
from the auchted Financial Statements of the City of Denton for the fiscal
years ending September 30, 1982 and 1981 relating to ~ts Electric System and
Water and Sewer System wluch were submitted to the City, and to the best
lmowledge of the City, constitute full and complete an&ted fmanmal
mformat~on relating to Denton Electric System and Water and Sewer System
(the "Utlhty System") and there m no basis for a behef that the lnfomatlon
contained thereto rs inaccurate or misleading m any material respect.
(k) The fmanmal forecasts and projections, included m the
Offering Memorandum, present fairly the most probable forecasts and
projections, based upon all reformation presently avmlshle to officmls of the
C~ty, of the matters contained thereto, and no Officml of the City m aware of
any feaslblhty study or opxman of an independent expe~t contrary thereto
(D If prior to the Closing an event occurs affecting the C~ty
which rs mater~al and adverse to the purpose for winch the Offering
Memorandum m to be used and m not chsclosed m the Offering Memorandum,
the City shall notify the Underwriters, and if m the opuuon of the City and
the Underwriters, such event reqmres a supplement or amendment to the
Offering Memorandum, the City will supplement or amend the Offering
Memorandum m a form and m a manner approved by the Underwriters and
Bond Counsel to the City
8 At __ m, New York Time, on March 29, 1983 (the
"Closing), the City wall dehver the Bonds to the Underwriters m defuutlve form, duly
executed, authenticated and certified, together with the other documents
-4-
heremafter mentioned, and the Underwriters Wll]. accept such dehvery and pay the
purchase pice of the Bonds as set forth m Paragraph I hereof by check payable m
federal funds to the order of the City Concurrently w~th such payment of the
Underwriters, the City shah return to the Underwriters the check referred to m
Paragraph 5 hereof. Dehvery and payment as aforcsaad shall be made at the office
of a bank or trust company m New York C~ty, or such other place, as shall have been
mutually agreed upon by the C~ty and the Underwriters The Bonds shall be prmted;
shall be prepared and dehvered as coupon bonds m the denommat~on of $5,000 each,
and, ff the Underwriters so request, shall be made avaxlable to the Underwriters at
least one busmess day before the Closmg for purpose of mspectlon
9, The Under~rr~ters have entered into tlus Purchase Contract m
rehance upon the representations and warrent~es of the C~ty contained hereto and to
be contained m the documents and instruments to be dehvered at the Closing, and
upon the performance by the City of ~ts obhgatmns hereunder, both as of the date
hereof and as of the date of Closing Accordingly, the Underwriterst obhgat~ons
under tlus Purchase Contract to purchase and pay for the Bonds shall be subject to
the performance by the C~ty of ~ts obhgat~ons to be performed hereunder and under
such documents and instruments at or prior to the Closing, and shall also be subject
to the following concht~ons:
(a) The representations and warrant~es of the City con~saned
hereto and m the Ordinance shall be true, complete and correct m all material
respects at the date hereof and on and as of the date of Closmg, as ff made on
the date of Closing;
(b) At the t~me of the Closmg, the Ordmanee shall be m full
force and effect, and the Ordmanee shall not have been amended, mochfled,
or supplemented, and the Offermg Memorandum shall not have been amended,
mochfled or supplemented, except as may have been agreed upon by the
Underwriters;
(e) At the time of the Closmg, all official action of the C~ty
relatmg to the Ordinance shall be m full force and effect and the Ordmance
shall not have been amended, mochfled or supplemented,
(d) The C~ty shall not have faded to pay, when due, prmc~pal of
or mterest on any of its outstandmg obhgations for borrowed money,
(e) At or prior to the Closmg, the Underwriters shall have
received each of the followmg documents
(1) The Offermg Memorandum of the City executed on
behalf of the C~ty by the Mayor of the C~ty,
(2) The Ordmanee certified by the City Secretary under
~ts seal as havmg been duly adopted by the City and as bemg m
effect, w~th such changes or amendments as have been agreed to by
the Underwriters;
(3) A bond oplmon, dated the date of Closmg, of Messrs
McCall, Parkhurst & Horton, Bond Counsel to the City, substantially
m the form mcluded in the Offermg Memorandum,
-5-
(4) The supplemental opunon, dated the date of Closing
of Messrs. McCall, Pavkhurst & Horton, addressed to the Purchaser
and the Issuer to the effect that
(A) Although we have not verified, are not
passing upon, and do not assume any respons~b~hty for the
aecurany, completeness or rawness of the statements
contained m the Offermg Memorendum, except as pro~nded
hereto, we have rewewed those matters that relate to Bond
Counsel, the opwaon of Bond Counsel, the terms of the Bonds
and the security therefor as these matters appea~ on the
cover page of the Offering Memorandum and the mformat~on
under the headings "intreduet~on," "l~efundmg Plan," "The
Series 1983 Bonds" and "Other Information" headings "Tax
Exemption" and "Legal Oprraons and No-L~t~gat~on
Certificate," and m the course of tbas rewew no fants came
to our attention wlueh would lead us to beheve that the
Offering Memorandum, as of the date thereof, contamed an
untrue statement of a maternal fact or taken collectively
omitted to state a materml fact necessary to make the
statements thereto, m hght of the cn-eumstances under wlueh
they were made, not mxsleachng, and based upon tlus re~uew,
the Offering Memorandum accurately summarizes the terms
of the Bonds and the Ordinance; and
(B) no registration of the Bonds under rather
the Securities Act of 1933, as amended, or the Securities Act
of the State of Texas, as amended, ~s reqmred m connect~un
w~th the offer and sale of the Bonds, and there ~s no other
security being offered m connection vnth the offer and sale of
the Bonds wlueh reqawes regustrat~on or quahfleat~on under
these Acts.
(5) An unquahf~ed opnuon or certificate, dated on or
prior to the date of Clasmg, of the Attorney General of Texas,
apprevmg the Bonds as reqtured by law,
(6) The opnuon, dated the date of Closing of Messrs
Huteluson Pnee Boyle & Brooks, Counsel to the Underwriters, m form
and substanee satisfactory to the Underwriters,
(7) One or more certificates dated the date of Closing,
s~gned by any apprepnate semur staff member of the C~ty, to the
effect that' (A) the representations and warrant~es of the C~ty
contained hereto and m the Ordinance are true and correct m all
material respects on and as of the date of Closing as ff made on the
date of Closing; (B) except to the extent chsclosed m the Offering
Memorandum, to the knowledge of such person, no htxgat~on ~s
pending or threatened, nor ~s there any bashs therefor m any court to
restrain or enlom the ~ssuance or dehvery of the Bonds, or the
eollect~un of revenues and assets of the C~ty pledged or to be pledged
to pay the principal of and interest on the Bonds, or the pledge
-6-
thereof, or m any way contestmg or affecting the vah&ty of the
Bonds, the Ordinance, or th~s Purchase Contract, or contesting the
powers of the C~ty or contesting the authomzat~on of the Bonds or the
Ordinance, or contesting m any way the accuracy, completeness or
rawness of the Prehmmary Offering Memorandum or the Offering
Memorandum (but hq heu of or m con]unct~on w~th such certffmate
the Underwmters may, m thew sole &scret~on, accept certificates or
opnuons of the C~ty Attorney, that, hq Ins op~mon, the ~ssues raxsed hq
any such pending or threatened ht~gat~on are w~thout substance or
that the contentions of all plaintiffs thereto are w~thout merit); and
(C) to the best of Ins knowledge, no event affecting the C~ty has
occurred shqce the date of the Offering Memorandum wInch should be
&sclosed hq the Offerhqg Memorand~m for the purpose for wInch ~t ~s
to be used or which ~t xs necessary to &sclose thereto hq order to
make the statements and mformat~on thereto not m~sleadmg hq any
respect.
(8) A certificate, dated the date of Closhqg, of the C~ty
Manager of the C~ty to the effect that there has not been any
materml and adverse change hq the fhqanc~al con&t~on of the Ut~hty
System, mclu&ag the Net Revenues (as defhqed hq the Ordinance)
derived therefrom, shqee the latest date as of winch an&ted fhqanc~al
mformat~on hs contained hq the Offermg Memorandum;
(9) A eert~fmate, dated the date of Closhqg, of a semor
offlcml of the Texas Mumc~pal Power Agency ('TMPA"), to the effect
that the mformat~on contained hq the Offering Memorandum relating
to TMPA ~s accurate and does not omit any mformat~on necessary to
make the statements contained hq the Offerhqg Memorandum, hq hght
of the cxrcumstances under wtuch they were made, not mhsleadmg;
(10) Certificates of the C~ty vnth respect to non-arbitrage,
(11) A letter, dated the date hereof, addressed to the
Underwriters, of the Certified Pubhc Accountants of the C~ty,
eonf~mmg that they are the independent pubhc accountants w~thm
the meamng of the Secur~tms Act of 1933, as amended, and the
apphcable pubhshed rules and regulations thereunder, and to the
effect that on the bas~s of specffmd procedures, which would not
constitute an examhqatxon made hq accordance w~th generally
accepted an&tug standards, as to which no representations need be
made as to the sufficiency thereof, and wbach would not necessarily
reveal matters of mgmflcanee w~th respect to the conclusions drawn
hq such letter, hqoludmg a reading of the latest avsulable fhqanc~al
statements and mqmrles of offlcmls of the C~ty who have
responsxb~hty for financial and accounting matters through a specified
date not more than five days prior to the date of dehvery of tIns
letter, nothing came to thexr attention that caused them to
-7-
beheve that as of the date as of which the latest fm~neml statements
a~e avmlable, there has been any maternal amd adverse change m the
finanmal eoncht~on of the Eleetme System and Water and Sewer
System.
(12) A letter, dated the date of Closmg, addressed to the
Underwmters, of the Cert~hed Puhhe Aeeountants of the City, to the
effect that they are eonhrmmg the reformation set forth m the letter
referred to m pm~graph (11) above, and statmg that nothmg has come
to them attention durmg the pemod from the trme thereof to a date
not more than f~ve days pmor to such Closmg Date, winch chseloses
any materi~l adverse ehange and that they have read the mmutes of
the C~ty to a date not more than bye days pmor to the Closmg Date
and notlung has come to their attention that caused them to beheve
that as of the date as of winch the latest fmaneml statements are
available, there has been any maternal and adverse change m the
finane~al condition of the Eleetme System and Water and Sewer
System.
(13) A eertlheate, dated the date hereof, of the Dweetor
of Fmanee of the C~ty, to the effect that the Fmane~al Statements
are exant eop~es of reformat,on eontamed m the and~ted Fmane~al
Statements of the City of Denton for the fmeal years endmg
September 30, 1982 and 1981 relatmg to ~ts Eleetmc System and
Water and Sewer System.
(14) A certlheate dated the date of the Closmg, of Ernst
& Whmney, to the effeet that the aeqmred securities to be depomted
m the "Escrow Fund," as defmed m that eertam Escrow Depomt
Agreement, dated as of Maruh 29, 1983, between the C~ty and Texas
Amemean Bank Fort Worth, N A, are sufhe~ent m amount and y~eld
to satrsfy all prme~p~l and mterest reqmrements w~th respect to all
Electme System and Water amd Sewer System bonds bemg refunded
through the msuanee of the Bonds
(15) A letter dated the date of Closmff from Freese &
Nichols, Ine and Black & Veateh, respectively, to the effeet that the
letters from each that are meluded m the Offermg Memorandum are
exact cop~es of the omgmals of sueh letters and that the C~ty m
authomzed to use such Letters m the Offermg Memorandum.
(16) Sueh additional leg~] opuuoas, eert~heates,
~nstruments and other documents as the Underwmters may reasonably
request, meludmg the opwaon of the C~ty Attorney, to ewdenee the
truth, aeeurany and completeness, as of the date hereof and as of the
date of Closmg, of the C~ty's representations and warr~nt~es
eontamed hereto, m the Ordmanee and of the statements and
~nformat~on eontamed m the Offermg Memorandum /md the due
performance and satmfant~on by the C~ty at or pmor to the date of
Closmg of all agreements then to be perfomed and all conditions
then to be sat~shed by the C~ty, and
-8-
(17) A copy of all proceedings of the City relating to the
authorizat~on of tins Purchase Contract and to the anthor~zatlon and
msuance of the Bonds, certified as true, accurate and complete by the
C~ty Secretary of the C~ty of Dallas
All the opunons, letters, certificates, instruments and other documents
1nent~oned above or elsewhere m tins Purchase Contract shall be deelned to be m
eomphanee w~th the prowmons hereof ~f, but only fi, they are satisfactory to the
Underw~ters.
If the C~ty shall be unable to satmfy the eonEt~ons to the obhgat~ons of the
Underwriters to purchase, to accept dehvery of and to pay for the Bonds cuntamed
m tins Purchase Contract, or ~f the obhgat~ons of the Underwriters to purchase, to
accept dehvery of and to pay for the Bonds shall be terminated for any reason
perln~tted by tins PurChase Contract, thru Purchase Contract shall terlnlnate and
neither the Underwriters nor the C~ty shall be under further obhgatiun hereunder,
except that. (t) the check referred to 1n Paragraph 5 hereof shall be xlnlnechately
returned to the Underwriters by the C~ty, and (n) the respective obhgatlons of the
City and the Underwriters set forth m Paragraph 11 and 13 hereof shall continue m
full force and effect.
10. The Underwriters 1nay terlnlnate thew obhgaUon to purchase at any
tllne before the Closing ff any of the following should occur
(a) (~) Legislation shall have been enacted by the Congress of the
Urated States, or recolnlnended to the Congress for passage by the President
of the U1nted States or favorably reported for passage to e~ther House of the
Congress by any Colnlnxttee of such House, or (n) a decxmun shall have been
rendered by a court estabhshed under Article I~i of the Const~tut~un of the
United States or by the U1nted States Tax Court, or (m) an order, ~bng ur
regulatxon shall have been issued or proposed by or on behalf of the Treasury
Departlnent of the U1nted States or the Internal Revenue Serwee or any other
agency of the Umted States, or (~v) a ~elease or official statement shall have
been issued by the President of the U1nted States or by the Treasury
Departlnent of the Umted States or by the Intern~l Revenue Serwce, the
effect of winch, m any such case described 1n clause (9, (n), (m), or (~v),
~would be to ~1npose, chrectly or 1nchreetly, Federal meolne taxation upon
Interest received on obhgat~ons of the general character of the Bonds or upon
incolne of the general character to be derived by the C~ty m such a 1nanner as
in the judgment of the Underwriters would 1naterlally ~1npaw the
1narketab~hty or 1natermlly reduce the 1narket price of obhgat~ons of the
general character of the Bonds.
(b) Leg~slat~un shall have been enacted by the Congress of the
U1nted States to become effective on or prior to the Closing, or a decm~on or
a court ~bng, regulation or proposed regulation by or on behaff of the
Securities and Exchange Colnmmmon or other agency having ]urlschetlon over
the subject 1natters shall be msued or made, to the effect that the ~ssuanee,
sale and dehvery of the Bonds, or any other obhgat~ons of any mlnllar pubhc
body of the general eharaeter of the C~ty, m in wolat~on of the Securities Act
of 1933, as amended, or the Securities Exchange Act of 1934, as amended, or
the execution and dehvery of the Ordinance or any indenture of s~1n~lar
-9-
eharaeter ~s m wolation of the Trust Indenture Act of 1939, as amended, or
With the purpose or effeet of other~nse prohibiting the Lssuaaee, sale or
dehvery of the Bonds as contemplated hereby or by the Offenng Memorandum
or of obligations of the general character of the Bonds.
(e) (~) The Constitution of the State of Texas shall be amended
or aa amendment shall be preposed, or (n) leguslat~on shall be enacted, or (~i~)
a decision shall have been rendered as to matters of Texas law, or (~v) any
order, I~llr~g or regulation shall have been rendered as to or on behalf of the
State of Texas by aa offieial, ageney or department thereof, ~ffeeting the
tax status of the C~ty, ~ts property or income, its bonds (including the Bonds) or the
interest thereon, wlueh m the ~udgraent of the Underw~uters would mater~ally ~ffeet
the market price of the Bonds
(d) (~) A general suspension of trading m seeunt~es shall have
oeearred on the New York Stock Exchange, or (n) the Umted States shall have
become engaged ~n hnst~hties wlueh have resulted m the declaration, on or
after the date of this Purehase Contract, of a national emergency or war, the
effect of which, m e~ther ease described m clause (~) and (n), ~s, m the
]~dgment of the Underwriters, so mater~al and adverse as to make ~t
~mprant~eable or m~dv~sable to proceed vnth the pubhe offering or the
delivery of the Bonds on the terms aad m the maimer contemplated m ttns
Purchase Contract and the Offering Memorandum
(e) An event desur~bed m Paragraph 7(1) hereof oeeurs winch, m
the opinion of the Undevwatevs, requ~es a supplement ov umendment to the
Offering Memorandum.
(f) A general banking moratorium shall have been declared by
authorities of the Umted States, the State of New Yo~k or the State of Texas.
ll. Costs related to the msuaaee and sale of the Bonds shall be prod as
follows:
(a) The following ~tems ~ be pa~d from the proceeds of the
Bonds as ensts of ~ssuaaee: (~) the cost of any federal funds; (n) the cost of
the preparat~un and printing of the Bonds, (m) the fees and chsbursements of
the C~ty's Bond Counsel and Fmaae~al Consultants; (~v) fees and expenses
mearred m obtaining bond ratings.
(b) The Underwriters shall pay. (~) all advertising expenses in
eonneetion with the offenng of the Bonds, (n) the fees and chsbursements of
Underwrxters' Counsel; (iii) t~avel expenses of Underwriters ~nd Underwriters'
Counsel; and (~v) all other expenses recurred by them or any of them m
eonneetmn w~th thexc offering and distr~but~on of the Bonds
12. Any not~ee or other eommumeat~on to be guven to the C~ty under tins
Purchase Contract may be g~ven by dehvevmg the same m writing at the adch-ess for
the C~ty set forth above, and any not~ee or other commumeat~on to be g~ven to the
Undevwv~tecs under tkns Pucehase Contract may be g~ven by dehvermg the same m
wv~tmg to Goldman, Saehs & Co., 55 Broad Street, New York, New York, 10004,
Attention. Mummpal Bond Department.
-10-
13 Tlus Purchase Contract m made solely for the benefit of the C~ty and
the Underwriters (including the successors or assigns of any Underwmter) and no
other person shall aeqmre or have any r~ght hereunder or by vxrtue hereof. The
C~tfs representations, warrant~es and agreements contained m tlus Purchase
Contract shall remain operative and m full force and effect, regardless of (9 any
mvest~gatmns made by or on behalf of any of the Underwriters and (n) dehvery of
any payment for the Bonds hereunder; and the C~ty's representations and warrantms
contained m Paragraph 7 of tlus Purchase Contract shall remain operative ~nd m full
force and effect, regardless of any termination of tlus Purchase Contract.
14. Tlus Purchase Contract shall become effective upon the executmn of
the acceptance hereof by the Mayor of the C~ty and shall be vahd and enforceable as
of the t~me of such acceptance.
Very truly yours,
GOLDMAN, SACHS & CO
DILLON, P, EAD & CO. INC.
KIDDEP~, PEABODY & CO
INCORPORATED
By: Goldman, Sachs & Co
ACCEPTED:
day of
DENtOn, E×AS
!
Attest:
c~y S~er~tRr~, C,ty ~f Denton, Texas
[SEAL]
APPROVED AS TO FORM'
-11-
CERTIFICATE FOR
RESOLUTION DIRECTING THE REDEMPTION OF CERTAIN
CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS
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
SPECIAL MEETING ON THE 10TH DAY OF MARCH, 1983,
at the Municipal Building (City Hall), and the roll was
called of the duly constituted officers and members of said
City Council, to-wit:
Charlotte Allen, City Secretary Richard O. Stewart,
Mayor
Mark Chew Jack Barton
Charles Hopkins Dr. A. Ray Stephens
Jim Rlddlesperger Joe Alford
and all of sa~$. persons were present, except the following
absentees: /~ ~ ~ ,
thus constituting a quorum. Whereupon, among other
business, the following was transacted at said Meeting: a
written
RESOLUTION DIRECTING THE REDEMPTION OF CERTAIN
CITY OF DENTON ELECTRIC SYSTEM REVENUE BONDS
was duly introduced for the consideration of said City
Council and duly read. It was then duly moved and seconded
that said Resolution be adopted; and, after due discussion,
said motion, carrying with it the adoption of said
Resolution, prevailed and carried by the following vote.
AYES: Ail members of said C1ty 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 ~n the
above and foregoing paragraph is attached to and follows
this Certificate; that said Resolution has been duly
recorded in said City Council's minutes of said Meeting;
that the above and foregoing paragraph is a true, full, and
correct excerpt from said City Council's minutes of sa~d
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; and that each of
the officers and members of said City Council was duly and
sufficiently notified officially and personally, in advance,
of the time, place, and purpose of the aforesaid Meeting,
and that said Resolution would be introduced and considered
for adoption at said Meeting; and that sa~d Meeting was open
to the publlc, and public notice of the time, place, and
purpose of said meeting was g~ven, all as required by
Vernon's Ann. Tex. Civ. St. Article 6252-17.
3. That the Mayor of sa~d City has approved, and
hereby approves, the aforesaid Resolution; that the Mayor
and the City Secretary of said City have duly s~gned said
Resolution; and that the Mayor and the City Secretary of
said City hereby declare that their s~gnlng of this
Certificate shall constitute the slgnlng of the attached and
following copy of said Resolution for all purposes.
4. That the Resolution has not been modified, amended
or repealed and is in full force and effect on and as of the
date hereof. ~/~
SIGNED AND SEALED the /0 day of Ma_~ch, 19~8. .__
-- ' City Secretary
(SEAL) ................................ ~-- -~ .................
We, the undersigned, being respectively the City
Attorney and the Bond Attorneys of the City of Denton,
Texas, hereby certify that we prepared and approved as to
legality the attached and following Resolution prior to its
adoption as aforesaid.
~ ~on~ ~t=orneys
FXHIBIT "~"
Perzod Endzng Total Prmncl~al
December 1, 1997 $ 300,000
December 1, 1998 300,000
December 1, 1999 250,000
December 1, 2000 275,000
December 1, 2001 275,000
December 1, 2002 2,440,000
December 1, 2003 45,000
December 1, 2004 40,000
December 1, 2005 50,000
December 1, 2006 50,000
EXHIBIT "B"
NOTICE OF REDEMPTION
CITY OF DENTON, TEXAS
ELECTRIC SYSTEM REVENUE REFUNDING BONDS, SERIES 1978
NOTICE IS HEREBY GIVEN that the City of Denton, Texas,
has called for redemption all of the outstanding Bonds of
the City described as follows:
[TO BE SUPPLIED BY DIRECTOR OF FINANCE)
Said Bonds shall be redeemed at the Texas Amerlcan
Bank/Fort Worth, N.A., Fort Worth, Texas or at the First
State Bank of Denton, Denton, TeYas, the places of payment
of said Bonds. Upon presentation thereof at a place of
payment on the redemption date, the holders of said Bonds
shall be entltled to receive par and accrued interest to
said redemption date.
NOTICE IS FURTHER GIVEN that due and proper
arrangements have been made for provzdlng the places of
payment of said Bonds called for redemptmon with funds
sufficient to pay the principal amount ol sa~d Bonds and the
interest thereon to the redemption date. In the event samd
Bonds, or any of them, are not presented for payment by the
dates fixed for their redemption, they shall not thereafter
bear interest.
THIS NOTICE is ~ssued and g~ven pursuant to the
optional and mandatory redemption prov]smons set forth ~n
the proceedings authorlz~ng the ~ssuance of the
aforementioned Bonds, ~n accordance w~th the recitals and
provisions of each of said Bonds and pursuant to authority
of a Resolution adopted by the City Councll of the City of
Denton, Texas on the 10th day of March, 1983.
WITNESS MY OFFICIAL SIGNATURE, th~s the day of
March, 1983.
Director of Finance
City of Denton, Texas
RESOLUTION
A RESOLUTION by the City Council of the City of
Denton, Texas, relating to the issuance of
Bonds by the North Texas Higher Education
Authorlty, Inc , approving the issuance of
one or more ser~es of Bonds, and making
certain f~ndings ~n connection therewith
WHEREAS, this governing body, requested certain
lndlvlduals to proceed to re-organize and re-establish a
non-p~of~t corporation pursuant to the Texas Non-Profit
Corporation Act, for the purpose of furtherIng educational
opportunities of students by providing funds for the
acqulsltlon of student loans, that such has been
accom~llshed, the corporatlon being known as the "North
Texasl Higher Educatlon Authority, Inc ", and
WHEREAS, the North Texas H~gher Education Authority,
Inc lhas previously zssued and dellvered its "North Texas
H~ghe~ Education Authorztl;, Inc Student Loan Revenue Bonds,
Ser~eS 1982B; and
WHEREAS, market condltlons have changed since the
· ssuance of the Series 1982B Bonds, and the directors of the
North, Texas Higher Education Authority, Inc have advised
this i Clty Council that it is considering refundlng the
Series 1982B Bonds in the manner provided by Article 717k,
V A T'C S ; and
WHEREAS, the North Texas Hlgher Education Authority,
Inc , has proceeded in the development of a plan of doing
bus~ness and it is now appropriate for th~s governing body
to approve the actions taken, now, therefore,
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTO , TEXAS:
.SECTION I
This governing body has been advised by the North Texas
Higher Education Authority, Inc., (the "Corporation"), that
such Corporation upon approval thereof by the governing
bodies of the Cities of Denton and Arlington, Texas,
proposes to ~ssue revenue bonds, that such bonds would be
initially Issued as one or more series of Bonds
(collectively, the "Bonds") in the aggregate principal
amoun~ of up to $50,000,000, and that such bonds would be
payable from and be secured by a pledge of revenues derived
from or by reason of the ownership of student loan notes and
investment income after deduction of such expenses for
opera%lng the loan program as may be specified by the bond
resolution or trust indenture authorizing or securing such
Bonds and the payment thereof
The Bonds (up to the aggregate principal amount of
$50,000,000) are issued to obtain funds with which to
purchase Student Loan Notes which are guaranteed under the
provisions of the Higher Education Act of 1965, as amended,
to establish certain reserves and for the purpose of paying
certain expenses
SECTION II The ~ssuance of the proposed refunding
bonds'in order to provide for the payment of the outstanding
Series 1982B Bonds, and the utll~zatlon of the money and
securities held under the indenture securing the
Series 1982B Bonds in the manner and for the purposes
permitted under Article 717k, V A T C $ and Section 103 of
the Internal Revenue Code of 1954, as amended, is hereby
approved and authorized
SECTION III
This governing body hereby approves the issuance and
delivery of such Bonds and such refunding bonds for the
purposes aforesaid, and in this connection requests that the
said Corporation exercise the powers enumerated and provided
in Section 53 47 of the Texas Education Code; that such
non-profit corporation shall, in this connection, exercise
such powers for and on behalf of the City and the State of
Texas, as contemplated by Section 53 ~7(e) of the Texas
Education Code
SECTION IV
The City does not agree to assume any responsibility in
connection with the administration of this student loan
program, it being understood this responsibilIty is being
assumed by the Corporation
SECTION V
It is recognized by this governing body that the
instruments whlch authorize the issuance of bonds by the
Corporation will specifically state that this City is not
obligated to pay the principal of or interest on the bonds
proposed to be issued by the corporation Nothing in this
-2-
resolution shall be construed as an indication by this City
that it will pay or provide for the payment of any obliga-
tions of the said Corporation whether heretofore or
hereafter incurred, and in this connection, attention
called to the Constitution of Texas wherein it is provided
that a City may incur no indebtedness without having made
provisions for its payment, and this City Council hereby
specifically refuses to set aside any present or future
funds, assets or money for the payment of any indebtedness
or obligation of the corporation
SECTION VI
This Resolution shall be effective from and after its
passage and approval
PASSED AND APPROVED, this the 15th d~y of March, 1983
~/RI~HARD O/ STEWART, Mayor V CITY OF ~ENTON, TEXAS
ATTEST
CITY OF DENTON, TEXAS
APPROVED AT TO LEGAL FORM
-3-
RESOLUTION
WHEREAS, it iS necessary for the Council of the City of
Denton to authorize the submission of an application to the
Texas Criminal Justice Division requesting funding for a Video
Surveillance System for the new police facility; and
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and administer criminal 3ust~ce programs on a statewlde
level; and
WHEREAS, the City of Denton is eligible to receive such
funds and desires to protect the safety of its c~tlzens and
officers through the installation of an effective video
surveillance system in its new police facility; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the City Council of the City of Denton, Texas,
certifies that the City is eligible to receive a funding
allocation from the Texas Criminal Justice Division for the
purchase and installation of a Video Surveillance System ~n ~ts
new police facility and hereby authorizes the staff to submit an
application for such funds.
SECTION II.
That the City Council hereby authorizes and directs the City
Manager, or his designee, to represent and act on behalf of the
City of Denton in working with the Criminal Justice Division in
regard to such grant application.
SECTION III.
That a copy of this Resolution shall be forwarded to the
Texas Criminal Justice Division and the North Texas Central
Council of Governments.
PASSED AND APPROVED this the /~7~ay of March, 1983.
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, it is necessary for the Council of the City of Denton
to authorize the submission of an application to the National
Endowment for the Arts for a federal grant by The Greater Denton
Art Council; and
WHEREAS, the Greater Denton Art Council is ellg~ble to receive
such grant and desires to apply for federal funds admlnlstered by
the Test Program of Support for Local Arts Agencies; and
WHEREAS, the Council is famlllar with the guidelines of the
Test Program; and
WHEREAS, The Greater Denton Art Council desires these funds to
support renovation costs of The Denton Arts Complex; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the Clty Council of the City of Denton, Texas certlfles
that The Greater Denton Art Council is eligible to receive a
funding allocation for the renovation costs of The Denton Arts
Complex, and the staff ~s hereby authorized to submit an
application for such funds.
SECTION II.
That a copy of this Resolution shall be forwarded to the Test
Program of Support for LoGal Arts Agencies, National Endowment for
the Arts.
PASSED AND APPROVED this the 15th day of March, 1983.
O.;STEWA , AYOR v
F CIT~ OF D~NTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, it lS necessary for the Council of the City of
Denton to authorize the submission of an application to the
Texas Criminal Justice Division requesting fundlng for the
C~ty's Narcotic Enforcement Un~t; and
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Dlvlslon of the State of Texas to allocate
grants and administer criminal justice programs on a statewide
level; and
WHEREAS, the City of Denton ~s eligible to receive such
funds and desires to protect the safety and well-being of lts
citizens through the reductlon of the use of narcotics and
narcotic trafficking; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the C~ty Council of the City of Denton, Texas,
certifies that the City is eligible to receive a funding
allocation from the Texas Criminal Justice Division for the
City's Narcotic Enforcement Unit and hereby authorizes the staff
to submit an appl~catlon for such funds.
SECTION II.
That the City Councll hereby authorizes and directs the C~ty
Manager, or h~s designee, to represent and act on behalf of the
C~ty of Denton ~n working with the Criminal Justice D~vls~on in
regard to such grant appllcatlon.
SECTION III.
That a copy of this Resolution shall be forwarded to the
Texas Criminal Justice Division and the North Texas Central
Council of Governments.
PASSED AND APPROVED this the ay of March, 1983.
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, it ls necessary for the Council of the City of
Denton to authorize the submission of an application to the
Texas Criminal Justice Division requesting funding for a
Juvenile Police Officer to augment the City's Juvenile Law
Enforcement Program; and
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and administer criminal justice programs on a statew~de
level; and
WHEREAS, the City of Denton ~s ellglDle to receive such
funds and desires to promote the public safety and well-being of
· ts c~tlzens through increasing the effectiveness of the Denton
Police Department in its law enforcement relating to juveniles;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the City Council of the C~ty of Denton, Texas,
certifies that the City is eligible to receive a funding
allocation from the Texas Criminal Justice D~vlslon for a
Juvenile Police Officer to augment the C~ty's Juvenile Law
Enforcement Program and hereby authorlzes the staff to submit an
application for such funds.
SECTION II.
That the City Council hereby authorizes and d~rects the City
Manager, or his designee, to represent and act on behalf of the
C~ty of Denton ~n working with the Criminal Justice D~v~s~on an
regard to such grant applicat~on.
SECTION III.
That a copy of this Resolution shall be forwarded to the
Texas Criminal Justice Division and the North Texas Central
Council of Governments.
PASSED AND APPROVED this the ~t~ay of March, 1983.
ATTEST:
CH~RLOTT~ ALLE-N,~CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, it Is necessary for the Council of the City of
Denton to authorize the submission of an application to the
Texas Criminal Justice Division requesting funding for the
C~ty's Crime Prevention Program; and
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and administer criminal 3ust~ce programs on a statewide
level; and
WHEREAS, the City of Denton is eligible to receive such
funds and desires to protect the safety and well-being of its
citizens through the reduction of cr~me; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the City Council of the City of Denton, Texas,
certifies that the City is eligible to receive a funding
allocation from the Texas Criminal Justice D~vlslon for the
C~ty's Crime Prevention Program and hereby authorizes the staff
to submit an application for such funds.
SECTION II.
That the City Council hereby authorizes and directs the City
Manager, or his designee, to represent and act on behalf of the
City of Denton ~n working with the Criminal Justice Division in
regard to such grant application.
SECTION III.
That a copy of th~s Resolution shall be forwarded to the
Texas Criminal Justice Division and the North Texas Central
Council of Governments.
PASSED AND APPROVED this the ay of March, 1983.
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
/ 7'"
~ CERTIFICATE FOR
RESOLUTION AUTHORIZING AN ESCROW 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
SPECIAL MEETING ON THE 10TH DAY OF MARCH, 1983,
at the Municipal Building (City Hall), and the roll was
called of the duly constituted officers and members of said
City Council, to-wit=
Charlotte Allen, City Secretary Richard O. Stewart, Mayor
Mark Chew Jack Barton
Charles Hopkins Dr. A. Ray Stephens
Jim Riddlesperger Joe Alford
and all of said persons.~e~e^ present, except the following
absentees= ~'/)~ ~/9~ ('.~J~--- ,
thus constituting a quorum. Whereupon, among oth=r
business, the following was transacted at said Meeting= a
written
I~ESOLUTION AUTHORIZING AN ESCROW AGREEMENT
was d~ly introduced for the consideration of said City
Council and duly read. It was then duly moved and seconded
that said Resolution be adopted; and, after due discussion,
said motion, carrying with it the adoption of said
Resolution, prevailed and carried by the following vote=
AYES= All members of said C~ty 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
this Certificate; that said Resolution has been duly
recorded in said City Council's minutes of said Meeting;
that the above and foregoing paragraph ~s 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 ohosen, qualified, and acting officers and members
of said City Council as indicated there~n; and that each of
the officers and members of said City Council was duly and
sufficiently notified officially and personally, ~n advance,
of the time, place, and purpose of the aforesaid Meeting,
end that said Resolution would be introduced and considered
for adoption at said Meeting; and that said Meeting was open
to the public, and public notice of the time, place, and
purpose of said meeting was g~ven, all as required by
Vernon's Ann. Tex. Civ. St. Article 6252-17.
3. That the Mayor of said Cxty 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 th~s
Certificate shall constitute the signing of the attached and
following copy of said Resolution for all purposes.
4. That the Resolution has not been modified, amended
or repealed and is in full force and effect on and as of the
date hereof.
'City se0reta
,(SEAL) ............................... ..... t .................
We, the undersigned, being respectively the City
Attorney and the Bond Attorneys of the C~ty of Denton,
Texas, hereby certify that we prepared and approved as to
'legality the attached and followzng Resolution prior to ~ts
adoption as aforesaid.
~ey
RESOLUTION AUTHORIZING ANESCROW AGREEMENT
AMONG T~E CITY OF DENTON, TEXAS,
TEXAS AMERICAN BANK/FORT WORTH, N A ,
FORT WORTfI, TEXAS AND
INTERFIRST BANK DALLAS, N A , DALLAS, TEXAS
WHEREAS, the City of Denton, Texas, (the "City")
presently has outstanding revenue obligations listed on
EXhibit "B" attached hereto (the "Refunded Bonds"), and
WHEREAS, the City Council has concurrently herewith
authorized the issuance and sale of ~ts C~ty of Denton,
Texas Utility System Revenue Refunding Bonds, Series 1983
(the "Refunding Bonds") pursuant to an ordinance adopted
March 10, 1983 (the "Refunding Bond Ordinance") for the
purpose of refunding the Refunded Bonds pursuant to Article
717k, V.A.C.S., as amended, and
WHEREAS, it is the deszre of the City and the City is
authorized by said Article 717k, V A C.S , as amended, to
place part of the proceeds from the sale of such Refunding
Bonds, together with other funds lawfully available
therefor, in escrow to be held and applled to the payment of
the Refunded Bonds; and
WHEREAS, zt is specifically found and determined by the
City that the refunding of the said Refunded Bonds by the
issuance of Refunding Bonds will result in the
accomplishment of the purposes of the refunding as set forth
in Section 32 of the Refunding Bond Ordinance, and
WHEREAS, the Refundlng Bond Ordinance provides that the
City wxll concurrently wxth the delivery of the Refunding
Bonds to the purchasers thereof deposzt part of the proceeds
from the sale of the Refunding Bonds xnto a special escrow
fund to be held in accordance with a special escrow fund
agreement; and
WHEREAS, $2,500,000 of the proceeds of the City's
Electric System Revenue Refunding Bonds, Series 1978 (the
"Series 1978 Bonds"), constituting one series of the
Refunded Bonds, was used to purchase an equal principal
amount of interest bearing United States Treasury
Obligations - State and Local Government Series ("SLGS")
which were credited to the reserve fund and the contingency
fund for the Series 1978 Bonds, and the City has on deposit
in the interest and sinking funds for the Refunded Bonds and
in the reserve fund for the Water and Sewer System Refunded
Bonds the amount of $1,665,000, and upon the issuance of the
Refunding Bonds and the discharging of the liens securing
the Refunded Bonds said interest and sinking funds, reserve
funds, and contingency fund will no longer be required to
secure the Refunded Bonds, and the $2,500,000 of SLGS plus
$765,000 out of the $1,665,000 are to be credxted,
concurrently with the delivery of the Refunding Bonds, to
said special escrow fund, with the balance thereof in the
amount of $900,000 being deposited in the Reserve Fund
established for the benefit of the Refunding Bonds in the
Refunding Bond Ordinance; and
W~i~REAS, the City's obligation to Texas American
B,ank/Fort Worth under that certain Serxes 1978 Retzrement
~rust Agreement, dated March 30, 1978 relating to the
invested sinking fund established for the benefit of the
Series 1978 Bonds is to be discharged concurrently with the
delivery of the Refunding Bonds and th, net proceeds from
the sale of the securxtiee therein, being $3,664,856 35 are
to be made available to the City, with $1,913,792 77 of such
amount to be deposited in the specmal escrow fund, and
WHEREAS, it is the desire of the City to provide for
the special escrow fund agreement required by the Refunding
Bond Ordinance, and
WHEREAS, it is desirable that the special escrow fund
agreement provide for the investment of monies so escrowed
in direct obligations of the United States of America, which
must have interest payable and maturities of principal at
times to insure the existence of monies, together with other
funds lawfully available therefor, sufficient to pay the
pr~ncipal or redemption price of, and interest on the
Refunded Bonds as the same shall come due in accordance with
their terms; and
W/{EREAS, the City has made arrangements to purchase
such direct obligations of the Un, ted States of America, and
WHEREAS, to accomplish the refunding of the Refunded
Bonds, SLGS in the principal amount of $20,953,000, in
addition to the $2,500,000 of SLGS described above and cash
in the araount of $4,276,132.77 are required to be credited
to. the special escrow fund, and subscriptions for the
purchase of said SLGB have been prepared and delivered to
the Federal Reserve Bank of Dallas requesting that
book-entry accounts be established for the Texas American
Bank/Fort Worth, N A., Fort Worth, Texas as escrow agent
(the "Escrow Agent" ), and
W~REAS, in addition to the subscriptions for the SLGS
to be deposited in the special escrow fund, $1,886,600 out
of the proceeds of the Refunding Bonds is to be credited to
the Reserve Fund for the Refunding Bonds, held initially by
the Escrow Agent, and such amount must be invested in SLGS
and subscriptions for the purchase of said SLGS have been
prepared and delivered to the Federal Reserve Bank of Dallas
rg~uesting that book-entry accounts be established for the
City with the Escrow Agent; and
WHEREAS, Goldman, Sachs & Co and Dillon, Read & Co.
Inc., on behalf of the City have entered into escrow
agreements with the owners of certain Refunded Bonds
aggregating $2,000,000 in principal amount pursuant to which
the City may purchase sazd tendered bonds at the price of
$1,597,$40 with monies in the special escrow fund, and
WHEREAS, Article 717k, V.A.C.S., as amended, provides
that when the initial deposit of securities (and any un-
invested money) is made with the Escrow Agent an the amount
sufficient to pay the principal of and interest on Refunded
BQnds at maturity or redemption, such deposxt shall consti-
tute the making of firm banking and financial arrangements
for the discharge and final payment or redemption of the
Refunded Bonds, and it is hereby found that although such
Refunded Bonds shall continue to be obligations of the City,
a~tomatioally they shall become obligations of the City
secured solely by and payable solely from such deposit and
the proceeds therefrom; and upon the making of such deposit,
the lien on and pledge of revenues securing the payment of
all Refunded Bonds shall automatically terminate and be
discharged and said encumbrances shall be of no further
force or effect, and although said Refunded Bonds will
remain outstanding, they shall be regarded as being out-
standing only for the purpose of receiving the funds
provided by the Czty for their payment or redemption, and
WHEREAS, the Escrow Agent possesses and is exercising
~1 trust powers and is otherwise qualified and empowered
td enter into the agreement authorized by this resolution,
and
WHEREAS, Goldman, Sachs & Co , on behalf of the
Underwriters and the City have prepared certain schedules
(a) relating to the sufficiency of the monies to be
deposited with the Escrow Agent to discharge the City's
o~ligations with respect to the Refunded Bonds and (b) with
respect to compliance by the City with the provisions of the
Internal Revenue Code of 1954, as amended, relating to,
"arbitrage bonds"; end
WHEREAS, the City has engaged Ernst & Whmnney to verify
the accuracy of such schedules prepared by Goldman, Sachs &
Co. and to issue a report (the "Report") setting forth such
verification; and
WHEREAS, it is the desire of the C~ty to append the
Report to the herein authorized Escrow Agreement when the
Report is finalized and to utilize the schedules contained
inthe Report as the schedules provided for in Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS:
1. That the Mayor and the City Secretary of the City
of Denton are hereby authorized and directed to execute and
deliver on behalf of the City Counczl of the City of Denton,
Texas, the City of Denton, Texas Utility System Special
Escrow Fund Agreement (the "Agreement") governing the use of
the monies and securities to be deposited or credited with
the Escrow Agent, for the benefit of the holders of the
Refunded Bonds after attaching to said Agreement a copy of
the Report setting forth the various schedules required by
the Agreement, which schedules shall reflect the same facts
a~d conclusions as those contained in the schedules prepared
by Goldm%an, Sachs & Co. and attached hereto as Exhibit B.
2. That the $2,500,000 principal amount of SLGS
credited to the reserve fund and the contingency fund for
the Series 1978 Bonds together wzth the $765,000 out of the
$1,665,000 of funds released from the interest and sinking
f%%nds and reserve fund for the Refunded Bonds referred to
above, are hereby directed to be transferred to the credit
of the special escrow fund created by the Agreement.
3. That the City Manager is hereby authorized to
direct Texas American Bank/Fort Worth, N.A , Fort Worth,
Texas as "Escrow Agent" under that certain Series 1978
Retirement Trust Agreement to liquzdate the securities in
the invested sinking fund in the princ~pal amount of
$8,243,000 by selling said securities to Goldman, Sachs &
Co. at a price equal to 77~/. of their par value plus accrued
interest to the date of said sale, to use $2,677,802 82 of
the proceeds therefrom to discharge the remaining amounts
owed by the City to the "Escrow Agent" under such Agreement,
ln~luding the purchase of the remaining obligations required
by the agreement to be purchased from the "Escrow Agent",
being a principal amount of $2,669,000, and to then
immediately sell said securities to Goldman, Sachs & Co. on
the same terms as the previous securities. The net proceeds
f~om the sale of all of said securities shall be deposited
es follows=
i) $1,913,792.77 shall be deposited in the special
escrow fund,
ii) $250,000 shall be deposited xn the Emergency Fund
established in the Refunding Bond Ordinance, and
iii) $1,501,063.58 shall be deposited in the Water
System Construction Fund held by the C~ty's
depositary bank
4 That the form of the Agreement which constitutes a
part of this authorizzng Resolution shall be substantially
in the form attached hereto as Exhibit A.
5. That the subscriptions for SLGS attached hereto as
Exhibit C, in the principal amount of $22,866,800 for
deposit in the Special Escrow Fund and the Reserve Fund are
hereby ratified and approved.
EXHIBIT A
UTILITY SYSTEM
SPECIAL ESCROW FUND AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
THIS ESCROW DEPOSIT AGREEMENT (the "Agreement") dated
as of the 29th day of March, 1983, made by and among the
City of Denton, Denton County, Texas (the "City"), a body
politic and corporate and political subdlvls~on of the State
of Texas and Texas American Bank/Fort Worth N A , Fort
Worth, Texas, (the "Escrow Agent" ) and InterFirst Bank
Dallas, N A , Dallas, Texas (the "Water and Sewer System
Paying Agent" )
W I TNE S SETH
WHEREAS, there are presently outstanding the following
series or issues of Revenue bonds of the City which are
secured by and payable from a first lien on and pledge of
the net revenues of the City's electric system (being all of
the outstanding Electric System Revenue Bonds of the City)
City of Denton Electrlc System Revenue Refunding
Bonds, Series 1978, dated April 1, 1978, now
outstanding in the aggregate principal amount
$19,255,000 (the "Outstanding Series 1978 Electric
System Bonds" ),
City of Denton Electric System Revenue Bonds,
Ser~es 1982, dated April 1, 1982, now outstanding
in the aggregate principal amount of $3,000,000
(the "Outstanding Series 1982 Electric System
Bonds" ) ( the Out st andlng Ser~es 1978 E lectrlc
System Bonds and the Outstanding Series 1982
Electric System Bonds are hereinafter collectively
referred to as the "Electric System Refunded
Bonds" ), and
WHEREAS, the Escrow Agent is a "place of payment" and
the Paying Agent for the Electric System Refunded Bonds, and
WHEREAS, Section 22 of the Ordinance authorizing the
Outstanding Series 1978 Electric System Bonds (the "Base
Electric System Ordinance") provides
"Section 22 FINAL DEPOSITS (a) That any Bond
or Additional Bond shall be deemed to be paid, retired,
and no longer outstanding within the meanmng of this
Ordlnance when payment of the principal of, redemption
premium, if any, on such bond or Addltmonal Bond, plus
lnterest thereon to the due date thereof (whether such
due date be by reason of maturity, upon redemption, or
otherwise) either (m) shall have been made or caused to
be made in accordance with the terms thereof (lncludlng
the giving of any required notice of redemption), or
(11) shall have been provmded by irrevocably deposltlng
wmth or maklng available to a paying agent therefor, in
trust and irrevocably set aside exclusively for such
payment, (1) money sufficient to make such payment or
(2) Government Obligations whmch mature as to principal
and interest ~n such amounts and at such times as w~ll
· nsure the availability, without relnvestment, of
sufflc~ent money to make such payment, and all neces-
sary and proper fees, compensation, and expenses of
such paying agent pertaining to the Bonds and Add~tlon-
al Bonds w~th respect to which such deposlt is made
shall have been pa~d or the payment thereof provided
for to the satisfaction of such paying agent At such
t~me as a Bond or Additional Bond shall be deemed to be
pa~d hereunder, as aforesaid, it shall no longer be
secured by or entitled to the benefits of thls Ordin-
ance or a lien on and pledge of the Pledged Revenues,
and shall be entitled to payment solely from such money
or Government Obligations
"(b) That any moneys so deposited w~th a paylng
agent may at the dlrect~on of the City also be Invested
· n Government Obligations, maturing in the amounts and
t~mes as hereinbefore set forth, and all income from
all Government Obligations in the hands of the paying
agent pursuant to this Section which is not required
for the payment of the bonds and Additional Bonds, the
redemption premium, if any, and interest thereon, with
respect to which such money has been so deposited,
shall be turned over to the City or deposited as
d~rected by the C~ty ", and
WHEREAS, there are presently outstanding the following
series or issues of revenue bonds of the City which are
secured solely by a f~rst lien on and pledge of the net
revenues of the City's entire waterworks and sewer system
(being all of the outstanding Water and Sewer System
Revenue Bonds)
City of Denton Water and Sewer System Revenue
Bonds Series 1960, dated July 15, 1960, now
outstanding in the aggregate principal amount
of .......................................... $730,000
City of Denton Water and Sewer System Revenue
Bonds, Series 1962, dated January 15, 1962, now
outstanding in the aggregate principal amount
of .......................................... 390,000
City of Denton Water and Sewer System Revenue
Bonds Series 1964, dated July 15, 196~, now
outstanding in the aggregate principal amount
of .......................................... 20,000
C~ty of Denton Water and Sewer System Revenue
Bonds Ser~es 1966, dated January 15, 1966, now
outstanding in the aggregate principal amount
of .......................................... 200,000
Czty of Denton Water and Sewer System Revenue
Bonds Ser~es 1969, dated April 15, 1969, now
outstanding in the aggregate principal amount
of .......................................... 370,000
C~ty of Denton Water and Sewer System Revenue
Bonds Series 1972, dated July 15, 1972, now
outstanding in the aggregate principal amount
of .......................................... 970,000
City of Denton Water and Sewer System Revenue
Bonds Series 1974, dated July 15, 1974, now
outstanding in the aggregate principal amount
of .......................................... 1,525,000
2
City of Denton Water and Sewer System Revenue
Bonds, Series 1977, dated June 15, 1977, now
outstanding in the aggregate principal amount
of ........................................... 450,000
City of Denton Water and Sewer System Revenue
Bonds, Series 1979, dated March 15, 1979, now
outstanding in the aggregate principal amount of
.......................................... 3,800,000
City of Denton Water and Sewer System Revenue
Bonds, Series 1982, dated May 15, 1982, now
outstanding in the aggregate principal amount of
.......................................... 1,500,000
(collectively the "Water and Sewer System Refunded Bonds"),
and
WHEREAS, the Electrlc System Refunded Bonds and the
Water and Sewer System Refunded Bonds are hereinafter
collectively referred to as the "Refunded Bonds", and
WHEREAS, the Refunded Bonds were issued pursuant to
ordinances (the "Refunded Bond Ordinances") which provide
that the Refunded Bonds shall mature serially in such years,
bear interest at such rates and have debt service at the
times and in the amounts set forth in schedules
of the Report attached hereto and
made a part hereof, and
WHEREAS, when the firm banking arrangements have been
made for the payment of principal and interest to maturity
or the date of redemption prior to scheduled maturity for
all of the Refunded Bonds, then such Refunded Bonds shall no
longer be regarded as outstanding except for the purpose of
receiving payment from the Funds provided for such purpose,
and
WHEREAS, Article 717K, Vernon's Texas CIvil Statutes,
authorizes the City to issue refunding bonds and to deposit
the proceeds from the sale thereof, and any other available
funds or resources, directly with any place of payment
(paying agent) for the Refunded Bonds, and such deposit, if
made before such payment dates, shall constitute the making
of firm banking and financial arrangements for the discharge
and final payment of the Refunded Bonds, and
WHEREAS, Article 717k further authorizes the City to
enter lnto an escrow agreement with any paying agent for the
Refunded Bonds with respect to the safe- keeping, invest-
ment, relnvestment, administration and disposition of any
such deposit, upon such terms and conditions as the City and
such paying agent may agree, provided that such deposits may
be invested and reinvested only in direct obligations of the
United States of America, including obligations the princi-
pal of and interest on which are unconditionally guaranteed
by the United States of America, and which may be in book
entry form, and which shall mature and/or bear interest
payable at such times and in such amounts as will be suf-
ficient to provide for the scheduled payment of the Refunded
Bonds, and
WHEREAS, the Escrow Agent is a paying agent for all of
the Electric System Refunded Bonds and is the agent of the
Water and Sewer System Paying Agent for all of the Water and
Sewer System Refunded Bonds, and this Agreement constitutes
an escrow agreement of the kind authorized and permitted by
said Article 717k, and
3
W~EREAS, the City has adopted an ordinance (the "Bond
Ordlnmnce") authorizing the ~ssuance of $25,280,000 C~ty of
Denton Texas Utility System Revenue Refunding Bonds, Ser~es
1983 (the "Refunding Bonds") for the purpose of providing,
together with other lawfully available funds provided by the
C~ty, amounts sufficient to provide for the payment of the
principal of the Refunded Bonds at their respective
maturities or redemption dates and ~nterest thereon to
maturlty or redemption prlor to scheduled maturity, and
WHEREAS, the C~ty desires that, concurrently with the
delivery of the Refunding Bonds to the purchasers thereof,
the proceeds of the Refunding Bonds, and other funds, shall
be applied to purchase certain direct obligations of the
United States of America hereinafter defined as the Escrowed
Securities for deposlt to the credit of the Escrow Fund
created pursumnt to the terms of this Agreement, to
establish a beginning cash balance in such Escrow Fund, and
to purchase for cancellation $2,000,000 in principal amount
of the Ser~es 1978 Electric System Refunded Bonds maturing
on December 1, 2007 (the "Tendered Bonds"), and
WHEREAS, the Escrowed Securities shall mature and the
interest thereon shall be payable at such times and in such
amounts so as to provide moneys which, together with cash
balances from time to t~me on deposit in the Escrow Fund,
wlll be sufficient to pay interest on the Refunded Bonds as
it accrues and becomes payable and the principal of the
Refunded Bonds as they mature oi are redeemed prior to their
scheduled maturity as sho%;n on Schedule __ os the ~eport,
and
WHEREAS, in order to facilitate the kecelpt and trans-
fer of proceeds of the Escrowed Securities, particularly
those in book entry form, the City and the ~a~er and Sewer
System Paying Agent desire to establish 5he Escrow Fund at
the principal corporate trust o~flce o~ tt~e Escrow ~gent,
and
WHEREAS, the Water and Sewer System Paying Agent
consents to this Agreement to acknowledge its acceptance of
Texas American Bank/Fort Wortt% ~I A , Fort Worth, Texas, as
its agent to hold on its behalf that portion of the Escrow
Fund, and the proceeds thereof, required to provide for the
full and timely payment of principal and ~nterest to matur-
ity or redemption prior to scheduled maturity for the
outstanding Water and Sewer System Refunded Bonds, and
WHEREAS, the Escrow ~genL acknowledges its acceptance
of the terms and provisions t%ereof,
WHEREAS, by resolution adopted on March 10, 1983, the
City Council of the City duly authorized the execution of
th~s Agreement electing to pay and d~scharge the entire
indebtedness on all Refunded Bonds in the manner and with
the effect described in Section 23 of the Base Electric
System Ordinance
WHEREAS, a certified copy of such resolution author-
lzlng the execution of this Agreement has been flled with
the Escrow Agent, and
NOW, THEREFORE, in consideration of the mutual under-
takings, promises and agreements herein contained, the
sufficiency of whlch hereby are acknowledged, and in order
to secure the full and timely payment of principal of and
the ~nterest on the Refunded Bonds, the City, the Water and
Sewer System Paying Agent and the Escrow Agent mutually
undertake, promise, and agree for themselves and their
respective representatives and successors, as follows
ARTICLE I
DEFINITIONS AND INTERPRETATIONS
Section 1 O1 Defznltlons Unless the context clearly
indicates otherwise, the following terms shall have the
meanings asslgned to them below when they are used in th~s
Agreement
"City" means the C~ty of Denton, Texas
"Code" means the Internal Revenue Code of 1954, as
amende~, and the rules and regulations thereunder
"Escrow Agent" means Texas American Bank/Fort Worth
N A Fort Worth, Texas (formerly Fort Worth Natlonal Bank,
Fort'Worth, Texas) and its successors as Escrow Agent under
th~s Agreement
"Escrow Fund" means the fund created by th~s Agreement
to be administered by the Escrow Agent pursuant to the
provls%ons of th~s Agreement
"Escrowed Securities" means the noncallable United
States Treasury Obligations - State and Local Government
Series (herein called "SLG$") to be initially purchased with
proceeds of the Refunding Bonds, as more fully described In
Schedule of the Report attached to th~s Agreement, and
the Un~ted States Treasury Obligations (hereln called "Open
Market Securities"0 to be purchased with funds of the Issuer
other than the proceeds of the Refunded Bonds, as more fully
described in Schedule of the Report
"Paying Agents" means, with respect to the Water and
Sewer System Refunded Bonds, the Water and Sewer System
Paying Agent, and w~th respect to the Electric System
Refunded Bonds, the Escrow Agent
"Refunded Bonds" means the C~ty's Water and Sewer
System Revenue Refunding Bonds and ~ts Electric System
Revenue Bonds, more fully described in the f~rst recital on
page 1 of this Agreement
"Refunding Bonds" means the City of Denton Texas
Utlllty System Revenue Refunding Bonds, Series 1983, dated
March 1, 1983
"Refunding Bond Ordinance" means the City's ordinance
authorlzlng the issuance, sale and delivery of the Refunding
Bonds
"Report" means the report dated as of the date hereof
prepared by Ernst & Wh~nney, Certified Public Accountants, a
copy of which ~s attached hereto
"Water and Sewer System Paying Agent" means InterFirst
Bank Dallas, N A , Dallas, Texas
Sectlon 1 02 Interpretations The titles and head-
· ngs of the articles and sections of th~s Agreement have
been ~nserted for convenience and reference only and are not
to be consldered a part hereof and shall not in any way
modify or restrict the terms hereof This Agreement and all
of the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein and to
5
achieve the intended purpose of providing for the refunding
of the Refunded Bonds in accordance with applicable law
ARTICLE II
DEPOSIT OF FUNDS AND
ESCROWED SECURITIES
Section 2 O1 Deposits mn the Escrow Fund The City
has deposited, or caused to be deposmted, in the Escrow Fund
the following funds and Escrowed Securltmes
(a) $25,229,132 77 as the beginning cash balance
for the Escrow Fund as shown mn Schedule of the
Report attached hereto,
(b) the Escrowed Securities, which have been
transferred by the City from the Reserve Fund for the
Electric System Refunded Bonds as shown on Schedule __
of the Report
Section 2 02 Investments in the Escrow Fund The
Escrow Agent hereby acknowledges that it has made the
follow%ng investments and transactions with the money
deposited mn the Escrow Fund
(a) $1,597,340 was utilized to purchase the
"Tendered Bonds" for cancellation as provided in
Section 3 02(e)
(b) $20,953,000 was utilized to purchase the SLGS
as shown on Schedule of the Repor~
(c) $2,678,792 77 was utilized to purchase the
Open Market securities as ohown on Schedule __ of the
Report
ARTICLE III
CREATION AND OPERATION OF ESCROW FUND
Section 3 01 Escrow Fund Tl, e Escrow Agent has
created on ItS books a special trust fund and irrevocable
escrow to be known as the City of Denton Utility System
Special Escrow Fund (the "Escrow Fu~d") The Escrow Agent
hereby acknowledges that there has peen c~eposlted to the
credit of such Escrow Fund the beginning cash oalance and
the Escrowed Securities as descr!bed ~n Section 2 O1 The
Escrowed Securities and all proceeds nhezefrom shall be the
property of the Escrow Fund, and shall be applied only mn
s~rict conformity with the terms and conditions of this
Agreement Ail of the Escrowed Securities, all proceeds
therefrom and all cash balances from tmme to time on deposit
In the Escrow Fund are hereby irrevocably pledged to the
payment of the principal of and interest on the Refunded
Bonds, which payment shall be made by timely transfers to
the Paying Agents of such amounts at such times as are
provided for in Section 3 02 hereof When the final
transfers have been made to the Paying Agents for the
payment of such principal of and interest on the Refunded
Bonds, any balance then remaining mn the Escrow Fund shall
be transferred to the City, and the Escrow Agent shall
thereupon be discharged from any further duties hereunder
The Escrow Agent, in its capacity as agent for the
Water and Sewer System Paying Agent, further agrees that
such portion of the Escrow Fund, together with the proceeds
6
thereof, required to provide for timely payments of
principal of and ~nterest on the Water and Sewer System
Refunded Bonds shall be held in the Escrow Fund for and on
behalf of the Water and Sewer System Paying Agent and shall
be made available to the Water and Sewer System Paying Agent
to make such t~mely payments of pr~nclpal and interest on
the Water and Sewer System Refunded Bonds
Section 3 02 Payment of Principal and Interest (a)
The Escrow Agent ~s hereby lrrevocably instructed to trans-
fer to the Paying Agents for the Refunded Bonds from the
cash balances from time to t~me on deposit in the Escrow
Fund, the amounts required to pay the principal of and
lnterest on the Refunded Bonds in the amounts and at the
t~mes shown ~n Schedules , and
, of the Report attached hereto
(b) The Escrow Agent, ~n ~ts capacity as Paying Agent
for the Electric System Refunded Bonds, and the Water and
Sewer System Paying Agent agree to apply all funds
transferred to them pursuant to Section 3 02(a) above,
solely for the purpose of paying the principal of and
interest on the Refunded Bonds in the manner provided in
th~s Agreement Except for amounts transferred to the
Paying Agents pursuant to Section 3 02(a) above, the Escrow
Agent and the Water and Sewer System Paying Agent agree that
they shall never make any w~thdrawals from the Escrow Fund
or assert any claims, l~ens or charges against the Escrow
Fund
(c) The City hereby covenants and agrees that it w~ll
not exercise any right that ~t may have to call any of the
Refunded Bonds for redemption prior to their scheduled
maturltles, except as lndlcated in Schedule of the
Report attached hereof
(d) The Escrowed Securities listed on Schedule__ of
the Report shall be used to pay a portion of the principal
of and interest on the Refunded Bonds other than the Clty's
Electric System Revenue Bonds, Series 1982 and the City's
Water and Sewer System Revenue Bonds, Ser~es 1982
(e) $1,597,340 of the cash initially deposited in the
Speclal Escrow Fund has been applied to the purchase and
cancellation on March 29, 1983 of the Tendered Bonds ~n the
prlnclpal amount of $2,000,000 tendered in advance of their
maturlty together wlth the accrued ~nterest thereon Such
Tendered Bonds have a stated maturity of December 1, 2007
and have been purchased at a cost of $1,597,340 which
lncludes accrued interest thereon to March 29, 1983 The
Escrow Agent hereby accepts and acknowledges the tender of
the Tendered Bonds and thelr purchase and cancellation on
the effective date of this Agreement
Section 3 03 Sufflclency of Escrow Fund The C~ty
represents that the successive receipts of the principal of
and ~nterest on the Escrowed Securities w~ll assure that the
cash balance on deposit from time to time in the Escrow Fund
wzll be at all t~mes sufficient to provide moneys for
transfer to the Paying Agents at the t~mes and in the
amounts required to pay the interest on the Refunded Bonds
as such ~nterest comes due and the pr~nclpal of the Refunded
Bonds as the Refunded Bonds mature or are redeemed
advance of stated maturlt~es, all as more fully set forth ~n
Schedule of the Report attached hereto If, for any
reason, at any t~me, the cash balances on deposit or
scheduled to be on deposit in the Escrow Fund shall be
lnsufflclent to transfer the amounts required by the Paying
Agents to make the payments set forth ~n Section 3 02
7
hereof, the City shall timely deposit in the Escrow Fund,
f~om lawfully available funds, consisting solely of Net
R~venues of the System (as such terms are defined in the
Rgfunding Bond Ordinance), additional funds in the amounts
required to make such payments Notice of any such lnsuffl-
c~ency shall be given promptly as hereinafter provided, but
neither the Escrow Agent nor the Water and Sewer System
Paying Agent shall in any manner be responsible for any
insufficiency of funds in the Escrow Fund or the City's
failure to make additional deposits thereto
Section 3 04 Trust Fund The Escrow Agent shall hold
at all times the Escrow Fund, the Escrowed Securities and
all other assets of such Fund, wholly segregated from all
o~her funds and securities on deposit with the Escrow Agent,
it shall never allow the Escrowed Securities or any other
assets of the Escrow Fund to be commingled with any other
funds or securities of the Escrow Agent, and it shall hold
a~d dispose of the assets of the Escrow Fund only as set
forth herein The Escrowed Securities and other assets of
the Escrow Fund shall always be maintained by the Escrow
Agent as trust funds for the benefit of the holders of the
Refunded Bonds, and a special account thereof shall at all
times be maintained on the books of the Escrow Agent The
holders of the Refunded Bonds shall be entitled to the same
preferred claim and first lien upon the EscIowed Securities,
the proceeds thereof and all other assets of the Escrow Fund
tO which they were entitled as holaers of the Refunded
BOnds 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 to title
with respect thereto except as a constructive trustee and
Escrow Agent under the terms of this Agreement The amounts
received by the Escrow Agent under this Agreement shall not
be sub]ect to warrants, drafts or checks drawn by the City
or, except to the extent expressly herein provided, by the
Paying Agents
Section 3 05 Security for Cash Balances Cash
balances from 51me to time on ~eposlt ~ii the Escrow Fund
shall, to the extent not insured by the Federal Deposit
Insurance Corporation or its ~uccessor, be continuously
secured by a pledge of direct obligations or, or obligations
unconditionally guaranteed by, the Un,ted States o~ America,
having a market value at least equal to such cash balances
ARTICLE iV
LIMITATION ON INVESTMENTS
Section % O1 General Except as herein otherwise
expressly provided, the Escrow Agent shall not have any
power or duty to invest any money held hereunder, or to make
substltutlons of the Escrowed Securities, or to sell
transfer or otherwise dispose of the Escrowed Securities
In particular, except as provided in Sections 4 02 below,
cash balances on deposit in the Escrow Fund shall not be
reinvested or bear interest, and the Escrow Agent shall be
entitled to retain any benefit from the "float" (if any)
r~sultzng therefrom as additional compensation for its
s~rvlces hereunder
Section 4 02 Relnvestment of Certain Cash Balances ~n
~,scrow by Escrow Agent (a) Except as provided in
p'aragraph (b) of this Sectlon, money deposited in the Escrow
F~nd shall be invested only in the Escrowed Secur!tles
8
listed in Schedule to the Report and neither the City
nox the Escrow Agent shall otherwise invest or reinvest any
money in the Escrow Fund The Escrow Agent shall maintain
the Escrow Fund until the date upon which said Refunded
Bonds are fully paid as to prlnclpal and interest whereupon
the Escrow Agent shall sell or redeem any Escrowed
Securities remaining in the Escrow Fund, and shall remit to
the City the proceeds thereof, together with all other
money, if any, then remaining in the Escrow Fund
(b) In addition to the Escrowed Securities listed in
Schedule __ to the Report, the Escrow Agent shall reinvest
cl, oslng balances shown in Schedule __ to the Report in slx
(6) month zero (0) interest rate SLGS to the extent such
Certificates are available from the U S Treasury
Department
To the extent SlX (6) month zero (0) interest rate U
S Treasury State and Local Government Series Certificates
are not available from the U S Treasury Department and no
subsequent direction has been furnished by the City Council,
the closing balances shown in Schedule to the Report
shall remain uninvested
Section 4 03 Arbitrage The City hereby covenants
and agrees that it shall never request the Escrow Agent to
exercise any power hereunder or permit any part of the money
1~ the Escrow Fund or proceeds from the sale of Escrowed
Securities to be used directly or indirectly to acquire any
securities or obligations if the exercise of such power or
the acquisition of such securities or obligations would
cause any Refunding Bonds to be an "arbitrage bond" within
the meaning of Section 103(c) of the Code
ARTICLE V
RECORDS AND REPORTS
Section 5 O1 Records The Escrow Agent w~ll keep
books of record and account in which complete and correct
entries shall be made of all transactions relating to the
receipts, disbursements, allocations and appllcat~on of the
money and Escrowed Securities deposited to the Esczow Fund
and all proceeds thereof, and such books shall be available
for inspection at reasonable hours and under reasonable
conditions by the City and the holders of the Refunded
Bonds
Section 5 02 Reports For the period beginning on
the date hereof and ending on , and for each
twelve (12) month period thereafter wh~le th~s Agreement
remains in effect, the Escrow Agent shall prepare and send
to the City within thirty (30) days following the end of
such period a written report summarizing all transactions
relating to the Escrow Fund during such period, including
wZthout limitation credits to the Escrow Fund as a result of
interest payments on or maturlt~es of the Escrowed
Securities and transfers from the Escrow Fund to the Paying
Agents for payments on the Refunded Bonds or otherwise,
together with a detailed statement of all Escrowed
Secur~tles and the cash balance on deposit in the Escrow
Fund as of the end of such period
ARTICLE VI
CONCERNING THE PAYING AGENTS ANDESCROW AGENT
9
Section 6.01 Representations The Escrow Agent
hereby represents that it is a paylng agent for the Electric
System Refunded Bonds and the agent for the Water and Sewer
System Paying Agent The Escrow Agent hereby represents
that it has all necessary power and authority to enter into
this agreement and undertake the obl~gatlons and
responsibilities imposed upon it herein, and that it will
carry out all of its obligations hereunder
Section 6 02 Limitation on Llablllty The liability
of the Escrow Agent to transfer funds to the Paying Agents
for the payment of the principal of and interest on the
Refunded Bonds shall be limited to the proceeds of the
Escrowed Securities and the cash balances from time to time
oh deposit in the Escrow Fund Notwithstanding any
provision contained herein to the contrary, neither the
Escrow Agent nor the Paying Agents shall have any liability
whatsoever for the insufficiency of funds from time to time
in the Escrow Fund or any failure of the obligors of the
EScrowed Securities to make timely payment thereon, except
for the obligation of the Escrow Agent to notify the City
p~omptly of any such occurrence
The rec3tals herein and in the proceedings authorizing
the Refunding Bonds shall be taken as the statements of the
City and shall not be considered as made by, or imposing any
obllgatlon or liability upon, the Escrow Agent or the Water
and Sewer System Paying Agent The Escrow Agent and the
Water and Sewer System Paying Agent are not parties to the
R~fundlng Bond Ordinance or the R~funded Bond Ozdlnances and
are not responsible for nor bound by any of the provisions
thereof (except as paylng agents) In ~ts capacity as
Escrow Agent, it Is agzeed that the Escrow Agent need look
only to the terms and provisions of this Agreement
Neither the Escrow Agent ,~or the %;ater and Sewer System
Paying Agent make any representations as to the value,
conditions or sufficIency of the Escrow Fund, or any part
thereof, or as to the title of the C~ty thereto, or as to
the security afforded thereby or hereby, and neither the
Escrow Agent nor the Water and Sewer System Paying Agent
shall incur any liability or zesponslOlllty in respect to
any of such matters
It is the intention of the parules hereto that the
Escrow Agent and the Water and Sewer System Paying Agent
shall never be required to use or advance their own funds or
o~herwise incur personal financial liability in the
performance of any of their duties or the exercise of any of
their rights and powers hereunder
The Escrow Agent shall not be i~able for any action
taken or neglected to be taken by it in good faith in any
exercise of reasonable care and believed by it to be within
the dlscretlon or power conferred upon l~ by this Agreement,
nor shall the Escrow Agent be responsible for the
c~nseqllences of any error of 3udgment, and the Escrow Agent
shall not be answerable except for its own action, neglect
or default, nor for any loss unless the same shall have been
through its negligence or want of good faith
Unless it is specifically otherwise provided herein,
the Escrow Agent has no duty to determine or ~nqulre into
the happening or occurrence of any event or contingency or
the performance or failure of performance of the City with
r,espect to arrangements or contracts with others, with the
Escrow Agent's sole duty hereunder being to safeguard the
Escrow Fund and to dlspose of the deliver the same in accor-
dance wl%h th~s Agreement If, however, the Escrow Agent is
10
called upon by the terms of this Agreement to determine the
ocgurrence of any event or contingency, the Escrow Agent
shall be obligated, in making such determination, only to
exerczse reasonable care and d~llgence, and ~n event of
error in making such determination the Escrow Agent shall be
liable only for 1ts own misconduct or its negligence In
determln~ng the occurrence of any such event or contingency
the Escrow Agent may request from the C~ty or any other
person such reasonable addlt~onal evidence as the Escrow
Agent ~n 1ts discretion may deem necessary to determine any
fact relating to the occurrence of such event or contln-
ge~cy, and ~n this connection may make inquiries of, and
consult with, among others, the City at any time
Section 6 03 Compensation (a) The C~ty has paid the
Escrow Agent, as a fee for performing the services hereunder
and for all expenses incurred or to be ~ncurred by the
Escrow Agent in the administration of this Agreement, the
sum of $17,545, the receipt and sufficiency of which are
hereby acknowledged by the Escrow Agent In the event that
the Escrow Agent is requested to perform any extraordinary
services hereunder, the City hereby agrees to pay reasonable
fees to the Escrow Agent for such extraordinary services and
to reimburse the Escrow Agent for all expenses incurred by
the Escrow Agent ~n performing such extraordinary services,
and the Escrow Agent hereby agrees to look only to the C~ty
for the payment of such fees and reimbursement of such
expenses The Escrow Agent hereby agrees that in no event
shall ~t ever assert any claim or l~en against the Escrow
Fund for any fees for 1ts services, whether regular or
extraordinary, as Escrow Agent, or in any other capacity, or
for reimbursement for any of its expenses
(b) The City has paid to the Escrow Agent in ~ts
capacity as Paying Agent for the Electric System Refunded
Bonds the sum of $4,395, and to the Water and Sewer System
Paying Agent the sum of $15,958 75 the receipt and
sufficiency of which are hereby acknowledged by the
respective Paying Agents for all future paying agency
services in connection with the Refunded Bonds
Section 6 04 Successor Escrow Agents If at any time
the Escrow Agent or its legal successor or successors should
become unable, through operation or law or otherwise, to act
as escrow agent hereunder, or ~f its property and affairs
shall be taken under the control of any state or federal
court or administrative body because of insolvency or bank-
ruptcy or for any other reason, a vacancy shall forthwith
exist in the office of Escrow Agent hereunder In such
event the City, by appropriate resolution, shall promptly
appoint an Escrow Agent to f~ll such vacancy If no suc-
cessor Escrow Agent shall have been appointed by the C~ty
within 60 days, a successor may be appointed by the holders
of a ma3or~ty in principal amount of the Refunded Bonds then
o~tstandlng by an instrument or ~nstruments ~n writing f~led
with the City, signed by such holders or by their duly
authorized attorneys-in-fact If, ~n a proper case, no
appolntment of a successor Escrow Agent shall be made pur-
suant to the foregolng provisions of th~s section within
three months after a vacancy shall have occurred, the holder
of any Refunded Bond may apply to any court of competent
jurisdiction to appoint a successor Escrow Agent Such
court may thereupon, after such notice, ~f any, as ~t may
deem proper, prescribe and appoint a successor Escrow Agent
Any successor Escrow Agent shall be a corporation
organized and doing bus~ness under the laws of the Un~ted
States or the State of Texas, authorized under such laws to
e~erclse corporate trust powers, hav~ng ~ts principal office
11
and place of business in the State of Texas, having a com-
bined capital and surplus of at least $5,000,000 and subject
to the superv~slon or examination by Federal or State
authority
Any successor Escrow Agent shall execute, acknowledge
and deliver to the City and the Escrow Agent an instrument
accepting such appointment hereunder, and the Escrow Agent
shall execute and deliver an instrument transferring to such
successor Escrow Agent, sub]eot to the terms of this Agree-
ment, all the r~ghts, powers and trusts of the Escrow Agent
hereunder Upon the request of any such successor Escrow
Agent, the City shall execute any and all instruments in
writing for more fully and certainly vesting in and confirm-
· ng to such successor Escrow Agent all such r~ghts, powers
and duties The Escrow Agent shall pay over to 1ts succes-
sor Escrow Agent a proportional part of the Escrow Agent's
fee hereunder
ARTICLE VII
CONSENT TO ESCROW AGREEMENT
BY WATER AND SEWER SYSTEM PAYING AGENT
Section 7 O1 The Water and Sewer System Paying Agent
hereby acknowledges and consents to the creation of the
Escrow Fund with the Escrow Agent, in part, to provide for
the full and timely payment of prlnczpal of and interest on
the Water and Sewer System Refunded Bonds by the
establishment, for and on behalf of the Water and Sewer
System Paying Agent, of that portion of the Escrow Fund,
and the proceeds thereof, required to provide for the timely
payment of principal of and Interest on the Water and Sewer
System Refunded Bonds to maturity The Water and Sewer
System Paying Agent further consents to the management of
such Escrow Fund by the Escrow Agent in accordance with the
terms and provlslons of ~ls Escrow Agreement The
undersigned expressly consents to the terms of Sections
3 01, 3 02, 3 03, 3 04, 6 02, ~ 03, 7 01 and 7 03 hereof and
agrees to be bound thereby with respect to its obligations
as Water and Sewer System Paying ngent
ARTICLE VIII
MISCELLANEOUS
Section 8 O1 Notice ~ny notice, authorization,
request, or demand required or permitted to be given here-
under shall be in writing and shall De deemed to have been
duly glven when mailed by Feglsuered or certified mall,
postage prepaid addressed as follows
To the Escrow Agent
Texas American Bank/Fort Worth N A
P O Box 2604
Fort Worth, Texas 76113
Attn Mr Jim Becker, Corporate Trust Department
To the Water and Sewer System Paying Agent
InterFirst Bank Dallas, N A
P O Box 83655
Dallas, Texas 75283
Attn Ms Sharon Arias
12
To the City
City of Denton
City Hall
215 East McKlnney
Denton, Texas 76201
Attn City Manager
The Un~ted States Post Office registered or certified
mall recelpt showing delivery of the aforesaid shall be
conclusive evidence of the date and fact of dellvery Any
party hereto may change the address to which notices are to
be delivered by g~vlng to the other parties not less than
ten (10) days prior not~¢e thereof
Section 8 02 Termination of Responslb~l~tles Upon
the taking of all the actions as described here~n by the
Escrow Agent, the Escrow Agent shall have no further obliga-
tions or responsibilities hereunder to the City, the holders
of the Refunded Bonds or to any other person or persons in
connection with this Agreement
Section 8 03 Binding Agreement This Agreement shall
be b~ndlng upon the City, the Escrow Agent and the Water and
Sewer System Paying Agent and their respective successors
and legal representatives, and shall inure solely to the
benefit of the holders of the Refunded Bonds, the C~ty, the
Escrow Agent, the Water and Sewer System Paying Agent and
their respective successors and legal representatives
Section 8 04 Severablllty In case any one or more
of the provisions contained ~n this Agreement shall for any
reason be held to be ~nvalld, ~llegal or unenforceable ~n
any respect, such ~nvalldlty, ~llegallty or unenforceab~llty
shall not affect any other provisions of this Agreement, but
th~s Agreement shall be construed as ~f such invalid or
· llegal or unenforceable provision had never been contained
herein
Section 8 05 Texas Law Governs This Agreement shall
be governed exclusively by the provisions hereof and by the
applicable laws of the State of Texas
Sectlon 8 06 Time of the Essence Time shall be of
the essence in the performance of obligations from time to
time imposed upon the Escrow Agent by this Agreement
EXECUTED as of the date f~rst written above
CITY OF DENTON, TEXAS
By
Mayor
ATTEST
City Secretary
13
TEXAS AMERICAN BANK/
FORT WORTH N A
By
Tltle
ATTEST
Title
(SEAL)
INTERFIRST BANK OF
DALLAS, N A
By
Title Assistant Vice President
ATTEST
Title Assistant Cashier
(SEAL)
EXHIBIT "B"
Golcbnan, Sechs & Co. March 9, 19B3
CITY OF DENTONt TE)L~S
LITI~ITY SYSTEM REVENUE REFUNDING BONDSt SERIES 1983
FINA~ ADVANCED REFUNDING ANALYSIS
Application 9f Bond Proceeds
Escrow Depostt (Water) $ 8,509,000
Escrow Depostt (Electric) 12,444,000
Funds to Purchase 1978 Bonds 1,638,350
Debt Servtce Reserve 2,100,000
Underwriters' Dtscount ($10.50) 265,440
Other Costs of Issuance ($14.00) 353,920
Bond Purchase Expenses 58,990
Ortgtn&l Issue Discount 10,300
Total Bond Proceeds $25,280,000
Assumptions
Dated Date 3/ 1/83
Delivered Date 3/29/83
'Settlement Dates for All Securities
Transactions 3/29/83
First Interest 1Z/ 1/83
First Prtnctpel 12/ 1/83
Final Principal 12/ 1/2007
1978 Bond Purchase Amount $2,000,000
1978 Bond Purchase Price $75 + Accrued Interest
Earnings Rate on Existing Water Reserve 10%
Earnings Rate on Maturing Reserve Principal
Earnings Rate on 1983 Bonds Accrued Interest 8~
Securt~te,s Tren$&¢tlons
~. $e~1 $7~g~Z.O00 of 7.875~ Treesurtes due ~/~$/Z007.
Z~/~5/2002. a~ a prtce of 77-8/32:
Accrued Interest 230t639.17
Sale Price $6,~42,659.~7
2. Buy S2,399,000 of 22.625S Treasuries due 21/25/2002 at a*prlce of 205-28/32
(ftrst tssued 9/29/82):
Prtce SZ,539,9~.25
138tB51.52
Accrued 2nterest
Purchase Price $2,67~,792.77
3. Buy Sl,354,000 of 7.875S Treasuries due 11/15/Z007, callable 11/lS/2007,
at a prtce of 77-8/32:
Prtce
Accrued Interest 39~469.B5
Purchase Prtce $1,085,434.85
$fnktng Fund Securities
$6,342,659.17 Sale Price of Treasuries tn S~nk~ng Fund
2~B78~792.77 Purchase Price of T~easu~tes Used tn E~ect~tc Escro~
3,BB3,$B$.40 Reme~ntng Cash from S~nk~ng Fund
765~000.00 Cash~'~ Debt Service Funds
4,428,8B$.40 Total Cash Available
(2,600,000.00) Payment to Bank for Remetntng Securities
( 77,802.~3) Payment to Bank for Accrued Interest on Remaining 52,669,000
(1,500,000.00) Payment to City
( Z50~DO0.O0) Payment to Emergency Fund
$ 1,063.57 Cash Remaining
-3-
Unrestrtced Reserve Fund Securities
$ 900,000.00 Water Unrestricted Reserve (from existing water reserve)
186t200,.00 Electrtc Unrestricted Reserve (from bond proceeds)
1,086,Z00.00 Total Unrestricted Reserve Cash
(1,085,434.85.) Purchase Price of Treasuries in Unrestricted Reserve
765,15 Cash Remaining
Reserve Fqnd Calculstton~
$3,000,000,00 Total Reserve 3~ Outstanding Water Prlnctpal
30.9065508% .... Water Portion Ratio = Total Outstanding Principal
g27,1g$.52 Water Portion of Reserve
(900~OOQ.O0) Unrestricted Water Portion of Reserve (buy Treasuries)
27,200.00* Restricted Water Portion of Reserve {buy SLGs)
(2~100t000.00) Reserve from Bond Proceeds
2,072,B00.00 Electric Portion of Reserve 20~255~000 Unpurchased Electric Principal
g1.0132565% Unpurchssed Principal Ratio 22,255,000 = Outstanding Electric Principal
1,886,600.00* Restricted Electric Portion of Reserve (buy SLGs)
~B6,ZO0.O0 Unrestricted Electric Portion of Reserve {buy Treasuries)
· These amounts are rounded for SLG denomnations in hundreds
Funds Used in Escrows
1. 1978 Electric Reserve ($2,600,000 of SLGs)
2. $2,399,000 of 11.626% Treasuries due 11/15/2002
3. SLGs purchased by 1983 Refunding Bonds
-4-
Joint Yteld Calculation on Restricted Investments
$ 8,509,000.00 SLG Purchase Prtce (Hater Escrow)
12,444,000.00 SLG Purchase Price (Electric Escrow)
1,913,~00,00 SLG Purchase Price (Restricted Reserve)
277,$37.13 Transferred Proceeds Adjustment (lg7~ Electric Escrow)
16gts~6.6g Transferred Proceeds Adjustment (lg7~ Electric Reserve)
$23,314,323,8Z Total Present Value Target for ~otnt Yield Calculation
Revenue Streams for 4otnt Yield Calculation:
1. Revenues from SLGs (Hater Escrow)
2. Revenues Crom SLGs (Electric Escrow)
~. Revenues from SLSs (Restricted Reserve)
Yield Ca)cula~on on Bonds <
$25,280,000.00 Par Amount
148,438.89 Plus: Accrued Interest
{61g,360.00) Less: Costs of Issuance
(lOt300.O0) Less: Original Issue Discount
$24,798,77B.89 Total Present Value Target for Yield Calculation
Revenue Stream for Yield Calculation:
1 Debt Service Payments
Y~eld Comparison
8.84~5% Yield on Bonds
B.B3~9% Yield on Restricted Investments
.0086% Difference
ATTACHED SCHEDULES
EA. Refunding Bonds Debt Service
lB. Refunding Bonds Prictng Schedule
2. Proposed Net Oebt Service
3. Existing Net Debt Service
4. Net Oebt Servtce Comparison: Proposed vs. Extsting
5. Amounts to Oefaase (Electric)
Amounts to Oefease (Water)
7. SLGs Purchased for 1983 Escrow (Electric)
8. SLSs Purchased for lg83 Escrow (Water)
9. 1983 Restructured Restricted Escrow Receipts (Electric)
1983 Restructured Restricted Escrow Receipts (Water)
Computation of Transferred Proceeds Adjustment - lg78 Escrow Receipts (Electric)
Computation of Transferred Proceeds Adjustment - 1978 Restricted Reserve
Receipts (Electric)
lg78 Electric Reserve Revenues (SLGs)
Proof of ~otnt Yield Calculation on Restricted Investments
Proof of Yield Calculation on Bonds
Through lSL. Outstanding Issues to be Oefeased
17. (Deleted)
Retirement of 1978 Electrtc Principal Amounts
1978 Electrtc Oebt Service Adjusted for Calls and Purchases
(Amounts to be provided for in the escrow.)
20A. Retirement of Principal on Refunded Water Issues
2OB. Retirement of Principal on Refunded Electric Issues
2lA. Principal Amounts of Restricted Reserve Becoming Unrestricted (Water)
2lB. Principal Amounts of Restricted Reserve Becoming Unrestricted (Electric)
22. Restricted Reserve Revenues for Arbitrage Purposes {SLGs)
23. Earnings from Retnvestment of Maturing Reserve SLGs
24. Total Revenues from Restricted Reserve
SCHEDULE [A
REFUNDZNG BONDS DEBT SERV[CE
~6ol.Q.m, a~
REFUNDING BONDS PRICING SCHEDULE
tS Mt9 I~ll:lM SDE~LE *MTED 3/1/83 ~LI~
~IRST I~ST P~ 1~ 1/~
4 Z~ t/~ st,S79 S,W 6.~0 tO0.~ 6.250
9 t~ 1~1 tl*t~ 9,843 8.~0 100,~0
tO 1~ 1/~ S1,140 11,11~ 8.~0 I~.~ 8.~0
11 IW 1/93 t1,1~ 11,~ 8.~ 1~.~0
12 1~ 1~4 t1,065 ~2,5X3 9.5~ ~.~0
13 1~ 1/~ tl,~O 13,~0 9.~0 1~.0~ %500
~4 ~ 1/96 S~,~ 13.818 9.~ 1~.~0 9.500
t6 XW 1~ ~40 13,~0 9.~ ZO0*~
zm 9,u2 xoo.o
i~1/1 --- 4,X~ 9.~100.~ 9.5~
1~ X/0 t~ 4,4~ 9,5~ tO0,O~
~ t~ X/2 t~O 4,~7 9.~ ~.~ 9.679
2X 1W t/3 t260 ~,~ 9.~ ~.5~ 9.678
~ ~ 1/5 t~ 7,~3 9.~ ~.~ 9.6~
24t~ 1/6 $~ 7,~ 9.~5 ~,~ 9.A76
~ tw 1/7 WO t5,~5 9.~ ~.~ 9.676
~XT~ B]~ S619,360.00 2.45~0
~XD S24,~0,340.~
tlO*300.O0
l~ t19,~O,~.~ 8.90~27
T.X.C. CT~ X) i24~798,~.~ 8.84X~9
SCHEDULE ~
PROPOSED NET DEBT SERVI,q£
~. Equals:
Proposed Less. Less. ~ Accrued Proposed
Debt Resl:ricted Unrestricted Interest Net Debt
Pd. E~din~ Service Reserve Reserve & Earnings ~ Service.
SCHEDULE ~
EXISTING NET DEBT SERVICE
Less Equal s.
Existing Sinking Fund Less. Less. Ex~st~ng
Debt Revenues Electric Water Net Debt
Pd En~tn~ Servicq.. (Installments) Reserve.. Reserve Service
~12,' 1/84 2~,696~.152o50 -685t608.00 145t000.00 90~000.00 $~ 146,760..~0
3 1-~/ 1/85 $t)47,710.00 $1tt~.O0 256~000.00 90tO00.O0
3~771.~42.$0 623~070,00 2~762,00 90,000.00 2tT?4~MO,SO
4 ).~/ t./~6 ~3I'O?G.OG ~8~.~3~4.40 909000,.00
~ 12' .t/8'~ $,7&$,1~,00
~ 12/ 1/88 $,78~,467,~0 6,3,070.00 276~949.00 90,000.00 2t798,4~8.50
~ 1~/ 2/89 3~6~2~847.~0 623.070.00 268,018.40 90,000.00 2~6112~7~9.10
t2; 1/90 3,489~140.00 623,070.00 259,182.00 90tO00,O0
E9 12' 1/91 2~617,$37.~0 &23,070..0.0 172,834.00 90,000.00 1,7)2,6l~1.$0
lC ~i, ~//:~ 2,~$?,287.$0 623,070.uu 167,627.40 90,000.00 1,656,~90.10
2,19f,8170 623,070.00 161,103.40 90,000.00
t4 :: 1/96 1~781,457o~ 623~070.00 I$6,243.00 90~000.00 1,152~124.~0
12,' l/9~ t~692~287.50 &25,070.00 106~790.40 90~000o04) 872t427o10
? 1: 1/98 lffclOt700.O0 625~070.00 104,5~,40 90,0~,00 7~3,101.60
27 tC 1/99 1,232o77~.00 623~070.00 95,766.40 90~000.00 422~938.60
1E 1. 1/ 0 1~209,462.50 621,07G.00 97~181.40 990tOOQ.OO
1~ 2.~' 1' 1 7)5,6G7.$0 &2$,0?O.O0 94,805.00 0.00
~.~ 12 1' -~ 744~600.00 621~070.0G 96~246.00 0.00 21,284.00
t.~' 1' $ 727,050.0( 625t070,00 93,'t84,00 0,00 .9~W6.00
~ 12/ l/ a 70~,S00.0~ 625~070.00 91~722.00 0,0~ ~,292.00
95~60.00 O.OO
2) I=/ 1/~ 74[t950.00 &25~070.00
:2/ I/ 6 721~475,00 625~070.00 95~021.00
2~ 12/ l/7 a,lSl,000.O0 8,535,070.00 824,49~.40 0.00
TOIAL §? ~1~;967.'J0 20~$34~321,00 4t6&2~W4.00 2tSO~O00.O0
ol mar
acllS
SCHEDULE 4
NET DEBT SERVICE COMPARISON EXISTING VS. PROPOSED
Less'
Existing Proposed
Period Net Debt Net Debt EqUals
EndiQg, Service Service, D~fference
t t2/t/83 2~8B%~40%.~0 3,091,~1.0S -2%S,~90.OS
4 ~ ~ 2~4~0.~ 2~d94.~ '~.~
~7 2~7~,~ 2~3,~2,~ -~24~730.~
1~ 1,~,5~.10 1,~,4~.~ -1~,~.~
10 -1~*~
~ 12/ 1~3 1,S19,~9.10 I,~5,5~2.~
12/ I~4 t~3~M3*IO 2~17~1~*M -221~3.~
1,~7,6~.~
~ u/~ ~2,427,~0 ~,~.~ -~2~,o~.u
26 ~ 1/98 ~3,101.~ ~3,816.~ -~,714.~
t7 22/ t/~ 4~,~,~ 544,1~,t4 -i21,~*~
18 1~ 1/ 0 '~,~,90 1~t104.70
2~ ~2/1/3 9,~6,~ 134,8~6,~ -124,~,~
~olOmm
acns
SCHEDULE 5
AMOUNTS TO DEFEASE (ELECTRIC)
Ad3 us,ed
Debt Debt Less. Less.
Service Service 1978 Open Equal s'
Period Series Series Electric Market Ne,Amounts
Ending 1978 1982 Reserve... Revenues, to Defease
! 6/ X/83 459~572.50 1~3~X~6o25 72~500.00 1~,060.18 3~168.57
2 12/1/83 4~9~572.50 258,156.25 72,500.00 137~441.87 ~0~,786.87
1/84 459~572.~0 178~37~o0Q 72~500.00 139,441.87 426,005.62
34 ~ t/m4 4~9,57~.$0 253,37~.00 72,500.00 139,441.m7 501,005.6~
5 6/1/~5 459)572.50 173w500.00 72,500.00 139~441.87 421ff130.62
6 12/ X/~J 1~314~7~.50 248~00.00 183~00.0~ 139~441.87 1~240~130.62
69~281.00 159,441.87 399,809.62
7 6/ 1.86 439~907.~0 168,625.00
12/ 1/86 1~574,987.~ 243~625o00 216~481.00 139~441.87 1~402~609.62
~ 6/ 1/67 413,235,00 163,7~0.00 65,012.20 139,441.87 372,530°92
10 1/87 1,578,225.00 263, .00 216,312.20 139,441.871,486,230.92
X/m8 38~,27~.00 t~7,250,00 60,624.S0 139t441°87 342,4"~.62
12/1/88 1,53S,27~.00 3~7,250o00 216,3~4.~0 ).$9,441.87 1,530.7t~8 '62
!! 6/ 1/~9 3~5,87~.00 t44,250.0~ ~,109,20 139,441.87 304,~/3.92
~ 12/ X/89 1,535,87~o00 344,2'd0o00 211,909.20 139,441.87 1,~48,773.92
6/ 1/90 325,8~,00 131,250.00 51,$91.00 139,441.r/ 266,092.12
16 1~ 1/90 I,~2~,873.00 531,~0,00 207,591.00 139,441.87 1,510,092.12
17 6/ 1/91 295,~'5.00 118,730.00 47,067.00 139,441.87 .~7,81&.12
18 12/ 1/91 895,5~.00 318,750.00 124,767.00 139,441.87
19 6/ X/92 280,275.00 107,500.00 44,813.70 139,44~.87 2o3,519,42
20 12/)./92 880,27S.00 307,~00.00 1~,87.3.70 159,441.87 9~,519.42
21 6/I/9'3 264,825.00 96,000,00 42,~1.7Q 139,441.87 178,831.42
139,441.87 900,8'31.42
~ 12/ 1/93 864,~.00 296,00Q*00
~ 6/ 1/94 249,225.00 94,250*00 40*28%?0 139,441,87 153,743.42
24 12/ 1/94 849,225.00 284,250.00 118,089*70 139,44~..87 875,943*42
20 12/ 1/9S 833,625.Q0 272,250.00 116,033.50 139,441.87
217,87~.00 60,OOO.OO 35,771.50 139,441.87 102,601.62
1/96 717,~'~.00 260,000.00 100,472.50
2~ 1~ 1/90 139,441.87 737,961.62
1/97 204,730.00 47,"~00,00 33,895.20 139,441.87 78,912.92
30 12/ 1/97 504,750.00 247*500.00 72,8~.20 139,441.87 539,912.93
1~,9~.00 34,7~.0Q 32,764.20 139,441.87
6/ 1/99 187,200.00 22,000.00 31,633.20 139,441.87 38,124.92
34 12/ 1/99 437,200.00 222,000.00 64,135.20 139,441o87
3~ 6/ 1/ 0 179,887.50 11,000.00 30,690.70 139,441.87 20,7~4.92
36 12/ 1/ 0 4~4,897.$0 211,000.00 66*490.70 13~,441.87 4~9,9~4.93
37 6/ 1/ I 171,843,75 0.00 29,6~.50 139,441.87 2,749.37
38 12/ 1/ 7. 446,843.~ 0.00 05,152.50 139,441.87 242'~'49'3'7
GoO0 28,623.00 139,441.87 -4,264.87
39 6/ X/ 2 163,800o00 -2*264.87
40 ~,2/ ~/ 2 2,603,800*00 0.00 67,625.00 2,53~,441.87
42 6/ 1/$ 9~,430o00 0o00 27,492.00 0.00 64,938.00
42 12/ 1,' 3 137,430.00 O.OO 64,492.00 0.00 70,938.00
43 6/ 1/ 4 91,113.75 0.00 26,361.00 O.O0
44 7.2/ 1/ 4 131,X13.75 O.OO 65,361.00 0.00
45 6/ 1/5 89,943.?~ 0.00 25,230.00 0.00 64,713.73
46 12/ 1/ 5 X39,943.~ O.O0 ?0,730.00 0.00 69,213.73
4? 6/ 1/ 6 88,481.2~ O.O0 23,910.50 O.O0
48 12/ 1/ 6 .138,481.2~ 0.00 69,11Q.50 0.00 69,370.75
49 6/ 1/ ? 87,018.~ 0.00 22,599.70 0.00 64,419.0~
~0 12/ 1/7 3,062,018.75 0.00 801,899.70 0.00 2,260,119.05
TGT~ 30,040,457.$0 6,908,312.~) 4,662,994.00 8,012,2~3.31 24,273,482.69
SCHEDULE 7
SLGs PURCHASED FOR 1982 ESCROW (ELECTRIC)
~OT ~EP,~YHE~T CONDXTXONS
EHDZfl8 P~ZN~PAL RA~
X ~ X/:~3 S~7,~.~ 8,~ 12~t9~.54 tZ~,9~.M I ~ 1~ 8.~ ~ X/83 2 0.2749
~Z/t984 t~,050.70 S5~,050.70 3 U 1/~ 8.6~ ~ ~/~ 2 0.3526
~t tlX~4 t~9,050.70 S5~,fl0.70 4 ~ 1~ 9.0~ U Z/~ 2 0.3516
6 t~ t/t~ ~9,~0.~ 9.~ t~,flO.70 J978,~.70
7 ~ S/~ S~2.40 ~508,~.40
8 ~ ~/~ ~,~ 9,~0 ~8~0~.40 S~082.40
10 t~ l/tg~ S~4~,~ B.~ J467~0.50 tt~391~O.~
26 t~ t/Xg~ S~tXM,~*O0 8.~ t~,~6.~ SX,439,886.~
t7 ~ ~/199t t2~6~0.~ t2~690.~
~9 6/ S/2Y92 J262~9~.~
20 ~ S/~
21 6/ 1/t~3 J2~,219,~ S2~,219.~
~ ~2/ 1/1993 ~,~.~ 8.~0 S~7~219.~ ~842~219,~
23 ~ 1/1994
24 t~ ~/1~4
28 x~ 2/t996 j~,~.~ 8.~ $X59,414.~ ~81~4t4.~
33 1/1~9 Jt08~l14,~ Jl~,tl4.~
X/X~
12/~/~
1~ 1/2002 t80,6~.50 S~,626.50
44 X~ X/~ ~6~6.~
47 ~ t~6 ~0~6.~ ~6.~
1~ X~6
~ ~ 1/2~7 S~626.50
TOT~ S~2,444,~0.~ SI2,~,2~,M S24,~6,206,M
~fl~S
SCHEDULE 8
SLGs PURCHASED FOR 1982 ESCROW (WATER)
~E~T R~P~Y~BIT ~ITI~4S
7/1~/~ 2 0.~96~
17 711~1~1 ~,~ 10,010 ~6,~ ~6.~
~7~,~ 10.1~
t110,~*~
~/~6 ~,~76,~ *~,~76,~
.7,074,~ ~7,074.~
~ 7/1~0 t~3,~ 10,410
SCHEDULE 13
197B ELECTRIC RESERVE REVENUES
12/ 1/84 t~45eO0~,O0 t14~O,O0
t2/ 1/~ 5,~
~2/X/aB 5.~0 tx55,7~.~ st21,249.00 ~ 1276,949.00
12/ 1/89 5.~ IIR;800.~ S132,218.40 1268,018,40
12/ 1/92 5,800 S~.00 t89,627,40 J167,627.40
12/ 1/94 5.8~ S77,~,00 SB0~579.40 t1~,~9.40
~12/1/~ 5.80C ,~,0~.00 t76,067.~ ,X54,067.00
16 1~/ 1/99 5.900 t39,~0.00
17 X~X/~ 5.8~ t32,~.00 ~3,266.40 t95,766.40
lB ~2/~/0 5,~ J~,~.O0 S61,381.40 t97,182.40
19 12/ 1/ 1 S.~ t35,5~.00 t59,30S.~ 194~805.00
~0 12/ 1/2 5.B~ 139,~.00 157,246.~ J96,24o.00
X2/ 1/4 5.800 139,~,~ s5~,722.~ tgx,722.00
24 ~/~/~
TGT~ 12,~.00 J2~62,~4.00 S4,662,Y94,00
oflMma[
s.,:_:~i~.:,.__?.. [j]~. o_.,'_~)
PROOF OF JOINT YIELD CALrCULATION ON RESTRICTED INVESTMENTS
Stream 2. Revenues from SLGs (Water Escrow),,
Streem 2' Revenues from SLGs (Electric Escrow},
0,~74245 $1~546~741.50 ~9,~3.~
~ X~ X/2 O.X~6XTX4
0.t674~ t70,926.~ SXX,8~.~ JIX,~X,~.43
SCH~DUL£ ~ (3 of 3)
Stream 3: Revenues from SLGs (Restricted Reserve)
KR M~ P,V, FACTOR NGJMTS PI~S~T t~L~ ~TI~
2 1~ ~83 0.94~42 S1fl~703.31 t~.61 t1~9.84
0.51~9 Sl~,7~.~ J102,9~.~ tl,434,~*Yl
23 6/1/94 0,~ ~,~,~ J18~7~,15
~ 1~i~ 0.~1~0~ ~,~7.14 $24,214.17
~ 6/1/I 0.~4 J~,670.~ t5,960.43
SI,~,I01.07
O.17G JlS~.~ J2~694.$ S2,~1,276.$
46 1~ 1/S 0.1~4 S19,6~*~ S2,774." J2,~,~*~
47 6/1/6 0.13494~0 {14~747.~ Sl,~.O? J2,~,870.~
1~ 1/6 0,~ J19,~7,23 02,513,31
~ 1~ 1/7 0.11~16 S291,~.~ S~,~.~ S2,~,~.09
~T~ ~I,~1.96
SCHEDULE 15
PROOF OF yIELD CALCULATION ON BONDS
· i~SCO~ AS ~ 3/29/83 AT 8,841512
F~TOIIS ~0! S~I~ PRESBfT ViLlA ~TI~
2 6/ 1/~ 0.~6~ ~3~.~ 818ff012,31 4~1121126.S1'
4
8 ~ 1/87 0,697~9
16 6/ 1~1 0.49310~45 S515,787.50 ~,~.~ 19,1~,363.87
18 ~ t~ 0,4~ H70~7.~ 212~7.~ ~,0~.29
19 ~ 1/~ 0,4~3~ 0[1610,~7.50 6~,617,~ 20,~,717.01
~ ~ 1/93 0.414~ ~,7~*~ 1~.94 ~961~474.~
21 12/1/93 0.m19~
~ 1~ 1/94 0.]0~ $~,012.~ 143,4~.~ 21,710,116.7~
1/94 0.~:S93 11,~2,012.H ~,~.~ 22,2~,~.93
26 ~ 1~6 0.31~421491 t~,X~*~ M;~4.~ ~,~7,174.96
~ ~ 1~7 0,~ S~*~ ~,~1.~ ~,~,1~*~
~ 12/ 1/~ 0~1~!14 $1~7~7.~0 ~,9~.I0 23,~,~1~1
~1 12/ 1~ 0~1~ $1~,~7.~ 2~,~.4~
1~ 0.24~30319 1147~7.~ ~,4~,~ 24,017,~,~
34 6/ 1/0 0.~6~ 1121~4~*~ 2714~.~ 24~210,I~.~
~ 12/~/0 0.21676~
1/ 0,1~1~ J~9,1~.~ ~,~.~ 24,~1,4~,~
43 1~ X/4 0,~ ~,~,~ ~,~,~ 24,~,470,~9
0,1~1M ~,~,~ 3,~.~ 24,~1,~,~
SCHEDULE 16A
ELECTRIC REFUNDING BONDS~ SERIES 1978
80LD~ Sd~S t gO, ~ FEB 16, 1983 17:52:43
5 12/1/87 4,~ lltl~*~,~ t943,470.~ 12,1~,470.~
6 12/ l/~ 4.~
12/1/93
12 ~ ~4
12 12/~/~ 5.~ J~,O~.~ J~,~.~ Sl,t84,~O.~
14 1~ 1/96 S,~O JS~,~.~ ~,~.00 tl,~2,7~.O0
15 1~ 1/97 5.8~ ~3~*~0,~ t526,~0.~ t8~6~5~.00
16 1~ 1/99 5.~0 S30O,O~.O0 S~8,~0.00 S~,~O.OO
17 1~ l/Y9 5.850 J~,O~,~ J491t400,O0 t741~400,00
~9 X2/ 1/ 1 ~.~0 S2~,O00,~ t460,~7.50
20 [~ [/ 2 5.850 t300,O~,O0 t444~600.00 J744~600.~
22 12/ X/ 4 5.~ J~,~.~ J409~5~.~ {709~5~.00
23 1~ t/5 5.~ t~O,~.~ J39t,~O.~ J741,9~.00
24 l~ 1/ 6 5.B~ t~*~.~ J371,4~.~ J~114~,00
SCH£DULE 16B
£L£CTRIC~ SERI£S 1982
EOLDIM~ S~CHS t ~o li~ FTJ l&~ 1~3
12/ 1/85 13.~0 t~.O0 J147~0.00 ~422~000.00
~2/ 1/~7 13.~ Jl~,O00.~ t3~7,500.00 t427,~0.00
~2/ 1/~ 12.500 12~*~ J262~500.00 1462~500.00
12/ 1/~ 12.2S0 12~,~,00 S144~500,~ 1344~5~,00
SCHEDULE 16C
WATER & SEWER, SERIES 196q
7/15/~ 4,0~ S~ff~,O0 S14~6~,00 S89~60G*00
7/15/86 4.~0 t~,OOO.O0 ttg,6~.O0 S109,600.00
711~/~ 4,0~ tl~,~O*O0 JS~Zvv,O0
SCHEDULE 16D
WATER & SEWER? SERIES 1962
~ r~T SEIB/I~E ~ )I~TL~ 1115/B$ t'~EL~UERrJ I/1~1B3
7/151~ 3.3~
7/15/~ 3.4~
7/15/87 3.4~ SSO,~*O0 J~,~O.O0
7/15/~ 3.450 J50,~.~ S5,S20.00 J~,S20.O0
7/15/~ 3.4S0 S~,O00.O0 S3,79S.O0 S58,79~.~
7/15/~ 3*450 t~,G.~ J~,897.~ t~,897.~0
~l~
SCHEDULE 16E
WATER & SEWER~ SERIES 1964
t CO. ~ ~ 16, 1983 18:07:51
~MTOH
SERVICE SCHEDtA.E 8DRTED 1/15/83 g~Z~D 1/15/83
IMTE~SI ~l ~ICE
3.4~ tlo,~.~ 1340.~ s10,340.00
3.400 llO,~.~ S340,~ t10,340.00
t20,O00.O0 l~.O0 t20,680,00
olOman
fig_liS
SCH~DUL£ ~6F
WATER & S£W£R~ S£RI£S 1966
P~ ~TE RATE ~X~IP~ INTEREST ~T SE~I~
7/15/85 3,~0 J~.~ S3~,00
/ S214~G.00
SCHEDULE 165
gATER & SEgERt SERZES 1969
SCHEDULE 16H
WATER & SEWER, SERIES 1972
80LDI~ Sd~HS I CO. If~ F-~ 16, J~983 18:20::34
~ ~T ~Z~
7/~5/84 4.700
7/15/~ 4.9~ JO0,O~.O0 S34,740,00
7/15/87 5.~0 JO0,O00.O0
7/15~8 5.~ tO0~O~.OO S25,8~.00
7/~5/89 5.~50
7/15/91 5.~ JO0~.O0 Jll~.~ t~OI,9~.OO
TOTAL 1970~0.~
SCHEDULE 16I
WATER & sEWER, SERIES 1974
iOL~k.M 5~S % CO. ME~ F-~ 16~ 1783 18:24:19
~.MTOM
2 7/15/~ ~,~ t~.O0 S87~0,00 1162~400.~
7/25/~
7/1~/~ 5,600 l~O~*~ t~.O0 l~79~000.~
6 7/25/~ 5.8~ t~,~.~ J67,600.00 1167,6~.00
7/~5/~ 6.~0 II~,~.~ t61,8~.00 t~6X,800.O0
7/~5/~ 6.~0 t2~O~.~ 155~800.~ S~55~800.00
20 7/15/92 6.2~ jl~,~o.oo J43,~.~ 1143,600.00
X4 7/15/96 6.~ tl~,~.~ J18,7~.00 SllS,~.O0
~S 7/XI/97 6.~0 tt~,~.O0 JX2,~.~
~6 7/15/98 6.~ I~*~.~ t6~2~.~ t~06~2~0.~
SCH£DULE
WATER & SEW£R~ S£RI£S 1977
SCHEDULE 16K
WATER & SEWER, SERIES 1979
84~.l)fl~ SH:HS S C0. YEIJ FED 16, 198:3 18:34:44
DENT(~
Irt ~ DE~T SE~C[ SDEDUI/ SDATED 1/15/82 ~U.IU[R~D ~/25/85
PD ~TE RATE PRI~IP~L Z~EREST DE~T
I 7/15/83 6.750 II00,000.00 1109,181.~ $209,~81.25
2 7/15/84 6.750 tlO~O00.O0 $211,612.50
3 7/15/85 6.750 $225~0Q~.00 $204,862.50
4 7/15/86 6.750 s225,000.00 s189,67~.00 J414,675.00
~ 7/15/87 6.750 $225~000.04) $174,487.50 $3~9t487.50
6 7/15/88 6.600 J~,O00.00 $159,300.00 $384,300.00
7 7/15/89 5.300 $225,000.00 $144~,450.00 S369,4SO.00
8 7/15/90 5.300 t225,000.00 $1~,5~.0~
9 7/15/92 5.300 022'~,000.00 sX20,60O.00 $345,600°00
xo 7/~/9~ 5.400 t22s,000.00 s108,6~.00 s3:3 3,6~.00
11 7/15/93 5.400 $2~5,000o00 s96,~2~.00
12 7/15/94 5.400 1225,000.00 t04,375.00 $309,375.00
14 7/1S/96 5.600 J225,000.00 t$?,850.00 s284,8.%0.00
15 7/15/97 5.7~0 J225,000.00 S47,250.00
16 7/15/98 5.7~ s2~,000.00 s34,31.%S0
17 7/15/99 4.750 $225,000.00 $21,37~.00 J246,375.00
~8 7/15/ 0 4.750 $22~,000.00 $10,687.50 $235,687.S0
TOT~ $3,800,000.00 $1,981,~68.75 $5,781,968.75
SCHEDULE 16L
WATER & SEWERt SERIES 1982
9 7/15/91 13.~
12 7/1~4 12.400 11~,~.00 t92,4~.50 1242,437.50
15 7/15/97 12.~0 t150,0~.00 t~,O~.~ t~86,037.50
SCHEDULE 18
RETIREMENT OF 1978 ELECTRIC PR[NC[PAL AMOUNTS,
Ad3usLmen[s Ad3usted
P~nclpal AdJustmen[s for Principal
Amounts as for Amounts Amounts
Currently Amounts Called
Pd. Ending Scheduled Purchased tn Escrow
t 12/ 1~ 0.00 0.00 O.O0
2~12/ t/~t 0.00 0.00 0.00
12/ 1/8~ ~J~O00.O0 0.00 0,00 B~O00.O0
4 12/ 1/86 1~135~000o09 O,O~ 0o00 1~135~000o00
12/ 1/87 lffl6~O00.O0 0,00
12/ t/B8 1~200~000o00 0,00 0.00 1~200~000,00
i12/1/~0 1~200~000,00 0o00 0o00 t~200~O00.O0
12/ t/~9 1~20~000.00 0.00 0.00 1~200,000.00
9 12/ t/gt~00,000.00 0.00 0,00
o.. o.. ,oo,ooo..
1/93 600~0~0.00 0.00 0.00
t2 t2/ 1/94 600~000.00 0.00 0.00 600~000.00
13 12/ 1/9~ 600~000,00 0,00 0,00
14 t2/ 1/96 ~00~000.00 0.00 0,00 ~0~000.00
15 12/ 1197 ~00~000.00 0,00 0.00 300~000.00
16 12/ 1/~ 300~000.00 0.00 0,00
17 12/ !/W ~0~000,00 0,00
111 12/ 1/0 275~000o00 0,00 0o00
19 12/ 1/ 1 27~ff0~0,00 0,00 0,00 275ff000.00
20 12/ 1/2 300~000.00 0.00
22~ ~2/ 1/3 300~000o00 0,00 -255~000,00
12/ 1/ 4 300rO00,O0 0.00 -260,000,00 40,000.00
23 12/ 1/5 350~000,00 0,00 o300~000,00
24 ~2/ 1/6 150~000,00 0,00 -300~000,00
TOTAL 19~2~5~000.00 -2ffOOO~O00.O0
SCHEDULE 19
1978 ELECTRIC DEBT SERVICE ADJUSTED FOR PURCHASES AND CALLS
SOtJflM SAC~S t CO. TUE ~ 08. 1983 18:38:03
~ ~ mT 6EIWIC[ ~ S~ITE~ 12/ 1/82 S~.I~RE]) 12/ t/92r
p~ DATE RATE PRIItClPAL INTENT DE~T S~tVIC~
2 12/ 1/64 $919~145.00
3:2/ ~/8~ 4.600
4 12/ 1/86 4.?00 tl~133ffO00.O0 $r/?,815.00 $2~014~615.00
$ 2.2/1/67 4,800 t1~165~000.00 $826~470.00 $1~Y91~470,00
6 ~2/ ~/80 4,900
7 t2/ 118~ 5,000 $X,200,000,00 t711,~0,00 St~gtl,750.O0
8 22/1/90 5,050 $1~200t000.00 ~051~0.00 $1~851~0,0Q
9 12/ 1/91 5,100 $600,000o00
~,0 12/ 1/92 S.150
ti 12/ 1/93 5,200 S600~000.00 $52~650,00
12 12/ 1/74 3.200 t600,000.00
1413 X~1/961/9~ 5.:~05'250 SSO0~O00.OOS600~OOO'OO S43~750,005467;250'00 $1,067,250.005935,~0.00
15 t2/1/~ 5.8~0 $300*000,00 ~,09,500,00 tTO?~O0.OO
t& 12/1/985.8~0 t3OQ,O00.O0 $39X,950.00 $69X,950,00
17 12/ 1/995.850 $~OpO00,O0 f.374;400.00 $624,400.00
18 12/ 1/ 0 5.8~0 $2'.~i, 000.00 $359~,77~.00 $634;T/~,00
1,9 12/ 1/! ~,850 ~275,000.0Q $345~,6B7.50 S618,687.5Q
20 12/ t/2 5.850 $2~440~00G,00 $327~600,00
2112/ 1/35.8~0 $45,000.00 $184~660,00 $2~9~660.00
= [=/x/4 5o8 0 J40t00OoOO J 82,=7.50
23 t2/ 1/5 5,850 $50~000.00 S179~887.50 $~?,887.50
2412/ 1/ 65.650 $$0f000.00 S176,962.$0 S~.6,762.50
TOTAL $X7~255;000.00 $2.2~785,4~/.50 J30~040,457.~0
oldma]
flCliS
SCHEDULE 20A
R~T[R£MENT OF PRINCIPAL ON REFUNDED WATER ISSUES
Period 1960 1962 1964 1966 196~
Endl nl~ Water Water Water Waterl, Wator
I 1~ 1/83 7S~000.00 4~S~000.00 lO,O~O.O0 50,000.00 60~000.00
12/ 1/84 80~000.00 4~5~000.00 XOtO00.O0 50~000.00 60~OOO.O0
12/ 1/85
i12/ t/B? ~,000.00 50~00~.0~ 0.00 0.00 50,000.00
t2/ 1/86 90~OOO.O0 45,Q0~.00 0.00 50~000.00 ~0,000.00
~ ,,,, o.oo o.oo o.oo o.oo
tO 12/ t/92 0.00 0.00 O.OO 0.00 0.00
0.00 0.00 0.00 O.O0
~1 12/ 1/93 0.00
~.~ 1/94 0,00 0,00 0,00 0,00
*3 t/95 0.00 0.00 0.00 0.00 0.00
*~' I,"~ o.. o.ooo.ooo.ooo.oo
~, ~ ,,, o.o~ o.oo o.oo o.oo o.oo
.8.~ .~ ~~7 j*~' ~/~ O.OO 0.00 0.00 O.O0 O.OO
O.OO 0.00 0.00 0.00 0.00
~ O.O0 0.00 0.0~ 0.00 0.00
2[ 12/ l/3 0,00 0,00 0,00 0.00 0,00
22 12/ 1/ 4 0,00 0,00 0,00 0,00 0,00
23 t2/ 1./$ 0,00 0,00 O,OO 0,00 0,00
~, ,, ~ o.oo o.oo o.oo o.oo o.oo
TOT~
Total
Period 1972 1974 1977 1979 1982 Retirements
[nding Water Water Water Water Water of Principal
! 12/ 2./~3 80~000.00 ~O00.OO 25~Q00.00 tO0~O00.O0 60~000.00 580,000.00
2 12/ 1/84 80~OOO,O0
3 12/ 1/85 90~000.00 7~0~.00 $O~OOO.OO 22~000.00225'000'00 OoooO'O0 700~000.00670~000'00
5 X2/ 1/87 90~000.00 tO0~O00,O0 ~0~.000.00 22'~00~.00 ?~,OOO.O0 735,000.00
~ t~ :/88 ?0,000.00 XO0,O00.O0 ~,000.00 22:S,OOO.O0 7~,000.00 740.000.00
1/8~ 90~000.00 100~000.00 ~O~O00.O0 22~,OOO.OO 7~,000.00 745~000.00
50~000.00 225~000.00 75~000.00 700,000.00
8~ ~/,o ,o,ooo.oo ~:~:~ ~,~.oo ~,ooo.oo ,o,ooo.oo ~,~.oo
101.2/1/92 90,000.00
x2/x/94 ~,.~ ~o~,ooo.oo o.oo :~.ooo.oo x~o,ooo,oo 47~,ooo.oo
x~ x/96 o.oo. xoo,ooo,oo o.oo 22~,ooo.o~ x~o.ooo.oo 4~,ooo.oo
~ x2/x/97 0.00 xoo,o~o.oo 0.00 22~.000.00 x~o,ooo.oo 475,ooo.oo
~6 ~2/~/98 0.00 too~ooo.oo 0.00 2~,000.00 xso,ooo.oo 475,000.00
x2/x/0 o.oo 0..00 0.00 22~000.00 0.00 225~000.00
t~ ~2; ,,~ o.oo ~..~ o.oo o.oo o.oo o.oo
0.00 0.00 0.00 0.00
20 ~.2/ ~/2 0.00 0.00 0.00
1.2/X/$ 0.00 0.00 0.00 0.00
1.2/ X/ 4 0.00 0.00 0.00 0.00 0.00 0.00
2~31.2/ 2/ '5 0.00
24 ~2/~/6 0.00 0.00 0.00 0.00 0.00 0.00
2~ ~2/ t/ 7 Q.O0 0.00 O.O0 0.00 0.00 0.00
~ ~flCllS
SCHEDULE 20B
RETIREMENT OF PRINCIPAL ON REFUNDED ELECTRIC ISSUES
1978 Total
Electric 1982 Retirement
Pd. Ending (Adjusted) ~lectric of Principal
1 12/1/83 0.00 ~,000.00 75,000,00
2 12/ 1/84 0.00 ~,000.00
3 I?./ 1/85 8~,000.00 7~000,00 930,000.00
4 12/ 1/86 1,135~000.00 7~,OOO.O0
5 12' 1/87 1,165,000.00 lO0,OOO.O0
6 12/ 1/88 1;200,000.00 200,000,00
7 12/ 1/89 1;200;000,00 200~000,00
BI/2 1/90 1;200;000.00 200;000.00
9 12/ 1/9! 600~000.00 200;000.00
10 12/ 1/92 &O0;O00.O0 200;000°00
11 12/ 1/95 600~000,00 20G;O00.O0 80G~O00.O0
t2 12/ 1/94 600;000.00 200~000,00
13 12/ 1/95 600~000,00 200~000,00
I'~ I~ 1/96 SO0,O00.O0 200,000.00 LTO0,O00.O0
1/97 $00~000.00 200;000.00
10 12/ 1/9B 300;000.00 ':'OQ,O00.O0
I? 12/ 1/99 2~0;000,00 200;OOO.O0
18 12/ 1/ 0 27~,000,,00 200~,000.00 4~,000.00
19 12/ 1/ 1 27~;000.00 0,.00
20 12/ i/2 2~.440;000.00 O.OO 2,,440,000°00
21 12/ I/ $ 4~000.00 0.00 45~000.00
22 12/ 1/4 40~O00.OQ O.OO
23 12/ I/ S ~0;000.,00 0.00 80,,000.00
24 12/ 1/ 6 ~0~000.00 0.00
~ 12/ I/ 7 2;97~,000.00 0.00
TOT~ 17;2~;000.00 $,000,000o00
olOman
acns
SCHEDULE 21A
PRINCIPAL AMOUNTS OF RESTRZCTED RESERVE BECOMING UNRESTRICTED (WATER)
Equals:
Principal
Retirement Multiplied by' Amounts of
of Principal Divided bys Total Restricted
on All Total of Restricted Reserve
Refunded Outstanding Reserve Becoming
Pd. Ending Issues Principal, Principal. Unrestricted
! 12/ 1/83 ~BO~O00.O0 9~9~000.00 27~200.00 ).~584.73
2 12/ )./84 625~000.00 9,';~J5~000.00 27*200.00 ~,707.68
$ ~2/ 1/85 670,000.00 9,9'J5,000.00 27,200.00 Z,830.64
4 12/1/86 700,000o00 ~,gt~,O00,O0 27,200,00 1,?12,61
5 12/ 1/87 735,000.00 9~9~'J,000o00 27,200.00 2,008.24
6 12/ 1/88 740,000.00 9,95'J,000.00 27,200.00 2,021.90
7 12/ 1/89 745,000.0~ 9,9S5,000o00 27,200.00
8 12/ 1/90 700,000,00 9,95~,000o00 27,200.00 1,912.61
f 12/1/91 ~S5~000.00 9,9~,000,0~ 27,200.00 1,516.42
10 12/ 1/92 ~S,O00.O0 9,~J5,000.00 27,200.00 1,543.75
1~ 12/ 1/93 $15,000.0<) 9,9S5,000.00 27,200.0~ I,'m7.13
X-~ ~2/ ~/94 4~,000,00 9,9~,000.00 27,20O.OO 1,297.84
13 XW 1/95 475,000.00 9,~,000.00 27,200.00 1,~7.84
14 1:2/ ~./96 475,000.00 9,9'J5,000.00 27,200.00 1,297.84
15 12/ 1/97 475,000,00 9,95'J,000.0~ 27,200.00 1,297.84
l& 12/ 1/78 47~,000o00 9,9~$,000o00 27,200.00 1,297.84
17 12/ 1/~9 225~000.00 9,9'J~,000.00 27,200.00 614.77
lB 12/ 1/ 0 2251000°00 9,~,000,00 27,200,00 614.77
~'; X2/ !/ ), 0.00 9,~5,000o00 27,200.00 0.00
20 ~2/t/2 0.00 9,955,000,00 ~7,200.00 0.00
2~ ~2/U 3 0.00 9,~5,000.00 27,200.00 0,00
~ 12/)./4 0,00 9,955,000.00 27~200,00 0.00
23 ~2/1/5 0.00 9,9~,000o00 27,200.00
24 ~2/~/6 0.00 9,9~,000.00 27,2O0.00 0.00
~ ~.2/)./? 0.00 9,955,000.00 27,200.00 0.00
TOTAl. 9,~5,000.00 248,87~s000.00 680,000.00 27,200.00
SCHEDULE 2~.B
PRINCIPAL AMOUNTS OF RESTRICTED RESERVE BECOMING UNRESTRICTED (ELECTRIC)
Equals'
Principal
Retirement Multiplied by: Amounts of
of Principal Divided by: Total Restricted
, on All Total of Restricted Reserve
Refunded Outstanding Reserve Becoming
Pd. Ending Issues Principal Principal.. Unre)tricted
! 12/ I/B3 l'S~O00.O0 20,~000,00 1~886~60~.00 6~981S.68
2~22~ [/8/8~ 71S,OOO.OO 20,2li,000.00
950~000.00 20~2~000.00 1~886~600.00 86~622.46
4 12' 1/86 1~210,000.00 20~255~000.00 1,886,60G,00 1,12,702.ES
$ 12/ 2,/87 I~2(~OOQ.O0 20~2~000,00 1~8861~600.0~ 117,8~18
~)12/ 1/88 t,400,O00.O0
12/ t/8~ 1,400,000.00
12/ 1/90 1,400,000o00
912/ 1/9! BOO,OQO.O0
10 [2/ t/92 800~000o00
).! 12/ 1/93 800,000.00 20,2~,000.00 1,8~6,60~o00 74,513.~
12/ 1/94 800,000.00 20~2~000,00 1,886,600.00 74,513.9§
12/ 1/96 ?00~000,00
~ 12/ 2/97 ~00,000.00 20,2~,000o00 1,886,600.00 46,~7X.22
16 22/ 1/?~3 ~)00,000.00 20~'J~O00.O0 1~886~,600.00
17 12/ 1/99 450~000.00 20~2~$~000,00 1,886,600.00 41,914.10
18 12/ 1/0 4~*000.00 20~5,000o00 1,886,600.00 44,242.66
19 12/ 1/ 1 2~J,O00oO0 2Q,2~,000.00 1,886,600.00 2~614.17
12/ !/2 2~440,000o00 20~2~,000.00 1,88&,600.OQ I 227,2&7.~4
22~ 12/ 1/ 3 41hO00,O0 20,2'~000,00 1,886,600.00 4,191o41
2~ 12/ 1/ 4 40,000°00 20,2'~,000.00 1,886~600.00 3~72S.70
23 12/ t/~ ~O,O00.OO 20,~,000.00 1,886,600.00 4,6,.qT.t2
24 12/ l/ 6 30~,000.00 20,2~,000.00 ~,886,600.00 4,6~.12
2~S 12/ ~/7 2,97~,000.00 20~,2'~,000.00 1,886,600.00 277,098,74
20,2~S,000.00
SCHEDULE 22
RESTRICTED RESERVE REVENUES FOR ARBITRkGE PURPOSE~
1~ u~ s~32,~.~ 9,960
ti t~ 1/1993 t~*~ 10.190 t106,4~.18
t5 1~ t/l~7 J47~9~.~ lO*~O
t6 t~ l/t~ S47,9~.~ lO.~
19 t~ 1/2001 S~?~*~ tO.4~ t~,~O*l? t83,0~.17
21 1~ t~3 ~,2~,~ tO.~O t30,818.67
24 ~/x/2~6 J4~7~.~ 10,4B0 S29,494,46 S34,194,46
~ ~ / ~/2007 S~*~ 10.470 J29,~X.90
~ ~T~ J~,913,~*00 J2,~7,405.~ S4,381,~5.66
Gol(lnlall
SCHEDULE 23,
EARNINGS FROM REINVESTMENT OF MATURING RESERVE SLGS
PI ENDZIIS I~INV~SI~
2 ~ 1~ B~.~ 0,~
3 ~ 1/~ 8~.00
· 4 X~ X~ X7~300.00 ~.~
7 ~ I/K 105~8~.~ 5,~0,00
~9 ~,,,, M3,~.~ 40,670.00
~ X~ ~ ~t~.~ ~,670.~
2~ ~ ~ ~.00 ~,4~.00
~ 6/ 1/94 9~0,00 ~270,00
24 X~ 1/94 1~04X~0.~
28 1~ 1/96 1~183~5~.00 ~.00
34 ~ X~ X,32X,~.O0 63,965.00
~ 1~ 1/0 1~0.~ ~0~.00
39 ~ 1/2 X~3~,3~.~ 69,61~.~
44 X~ X/4 ~7~G.~
~ ~ l/~ 1,627~.~
47 ~ X/& 1~1~*~ 8Xs605.~
~ ~ ~/6 ~.00 8~.00
49 ~ l/7 1~,~.00 81,840.~
(Rev Jay ~e77) STATE AND LO~CAL GOVERNMENT SERIES
To= Federal Reserve Bank or Branch at DALLAS~ TEXAS EXHTBTT "C"
1, Pursuant to the provisions of Oepartmont of the Treasury Circular, Public Debt Series No 3-?2, current revision, the under$1gne
hereby subscribes for the purchase of the following securities
a ~ Unitad Status Treasury Certlfieetei of Indebtedness - State and Local Government Series
(SCHEDULE 1)
TOTAL AMOUNT $. 859,000
b. J~ United States Treasury Notes - State and Local Government Series
(SCHEDULE 2}
TOTAL AMOUNT $ 1[ r 529 ~000
c. ~ United Statue Treamw Bonds - State end Local Government Series
(SCHEDULE 3)
TOTAL AMOUNT $ 8.585.000
GRAND TOTAL $ ~[3.gfi3.000
as described on the attached schedules, which are incorporated by reference to this subscription, to be used as entries on the
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 proceeds of oblk)ations described In Sectmn 203(a
of the Internal Revenue Code, and (2) IS not more nor lessI Within authorized multiples ($1~000 minimum and increments O
$100 over such amount), directly sub)oct to yield restrictions under Sechon 103(c) of the Code~ and the re~ulatmns ~ssue(
thereunderI,excePtlfOr any portion thereof required for e payment due less than 45 clays from the date settlement ~s made fo
the sccurltms subscIIbed for
3 The undersigned requests that book.entry accounts be established for=
TEXAS A~[ERTC~ BAi~t(/~ORT WORTH,N.A. AS ESCROW AGENT FOR
THE CITY OF DENTON, TEXAS
4 The undefslgnad
a ~ submits payment in full herewith for the above securibes, as shown below
b ~ requests that issuance be deferred until M~t.~-h ?q 1 QR'~ (not to exceed by more then 60 days the date o
which this subscription is received at a Federal Reserve Bank or Branch or, where mailed, by the stamp date appearing on th
registered or certified mall envelope In which it is received), and agrees to make payment on that date
5 The undersigned further certifies that the following official(s), by title(s), are authorized, subject to the provisions of the ahoy
circular, to request redemption prior to maturity of the securities (if no one has been so authorized, enter the word "none")
H^Y~)R
CITY MANAGER
Dated this C~th day of March , sZ 3. . CITY OF DENTON.
FOR USE BY BANK IN TRANSMITTING PAYMENT FOR ABOVE SECURITY
(The Issue date of the account will be the date specified in this subscript;on, provided payment therefor in readily available func
is received herewith or within the time limitation specified above Where payment is submitted separately, it should be accompante
by a copy of this subscription ) Name of Institution TEXA~ AMERICAN BAN~/FORT WORTH.N.A.
~'.'] Check enclosed
~ Charge our reserve a/c on M~v-~-h 9q lClR3Clty FO~T WORTH ~ ~%tate TF~×AS 76102
~ Other ¢Oatel' Authorized signature and title ~/~._~"c--,~ 3' P 'Beck.
FOR USE 0~= F~p~R~ RESERVE B,ANK
ACCOUNT NUMBERS APphcable Interest I Issue Date Date credited to Trees
C OF I'S From , . Through Rate TableNO i Acct (cannot be subs~
quant to Issue Date)
NOTES From Through
BONDS From Through
FOR USE OF THE DIVISION OF SECURITIES OPERATIONS
By Date
l~Qv ~mv t~7/] ~, i A l ~- ,-~Nl.~ LOCAL GOVERNM~N I
To Federal Reserve Bank or Branch at ~AI I Aq. TFXA~
Pursuant to the previsions of Department of the Treatu~ Circular, Public Debt ~ries No 3.72, current rev[sion, the underslgne
hereby subscribes fbr the purchase of the following securities
a. ~ United S~tes Treasuw Ce~lficates of Indebtedness - State and Local Government Series
(SCHEDULE 1)
TOTAL AMOUNT $ ~.
b ~ United States Treasuw Notes- Stye and Lo~l Government Se.es
(SCHEDULE 2)
TOTAL AMOUNT $ 880. 900
c. ~ United States Treasuw Bonds - S~te and Lo~l Government ~ries
(SCHEDULE 3)
TOTAL AMOUNT $ [. 024.300
GRAND TOTAL $ ~:9~3:
as described on the at.chad schedules, which are Incorporated by reference to this subscription, to be u~d as entries on
books of the Bureau of the Public Debt, Department of the Treasuw
2 The undersigned ce~lfles that the total investment ([) consists only of the proceeds of obli~ations described in Section
o1 the Internal Revenue Code~ and (2) 15 not more nor less, Within autho.zed multiples ($[fO00 minimum en~ increments o
$~00 over such a~ount), directly sub~ect to ymld re;t.ctmn~ unGer Sect,on [03(c) of the Code~ and the re,uteS,OhS
thereunderT.exce~ for an~ port~on thereof required for a payment due less than 45 ~ay$ from the date settlement ts made fo
the 5ecurihes 5ubsc?~d
3 The undersigned requests that book~ntw accounts be established for
Name of owner ~TTY hF DFNT~N:
4 The undersigned
a L-'3 submtts payment in full herewith for the above secu.t~es, as shown below
b ~ requests that issuance be deferred until m~ch ?cl: 1 qR3 (not to exceed by more than 60 days the date o
which thos ~btcEiption ~s received at a Federal Retewe Bank or Branch or, where mailed, by the stamp date aPpea.ng on th
registered or certif,~ed mail envelope in which ~t ~s recelved)~ and ~grees 1o make payment on that date
5 The undersigned fu~her certifies that the following official(s), by title(s), are ~uthorlzed, Subject to the provisions of the abo~
c~rcular, to request re~empt~o~ prior to matu.ty of the secunttes (if no one has been so author(zed, enter the word "none'*)
MAY~R
CITY MANAGER
Datedth,s gth dayof Ma~rh ,19~ 0)TY ~F ~FNTON- TFXAS
FOR USE BY BANI( IN TRANSMI~ING PAYMENT FOR ABOVE SECURITY ~ ' ~
(The issue date of the account will be the date specified in this sub~c.pbon, prowQed payment therefor ,n readdy available func
is received herewith or within the time limitation specified above Where payment ~ submitted separately, it should be accompame
by a copy of this 5ubs~ription ) Name of institution ~EXAR AH~RTCAN ~ANK/FORT ~ORTH.N A
~.~ Check enclosed
~ Chergeourrese~e,a/conMa ch ?q: lqR3C~ty FORT W~RTH ~--//State TEXAS 76102
~ Othe[ (Date) Authorized signature a~d title ~,.. ~.=*,a..* . · ,,*+ n. ....
- I F~R~EOFF~D~RA RESERVE BANK
ACCOUNT NUMBERS Apphcable Interest Issue Date Date credited to Trees
C OF I'S From Through Rate Table No Acct (cannot be subs(
quant to Issue Date)
NOTES From , Through
BONDS From ,. Through
FOR USE OF THE DIVISION OF SECURITIES OPERATIONS
By ~ Date
Next :Do¢:ument
RESOLUTION
W~EREAS, on Sunday, April 24, 1983, the Sigma Alpha Mu
Fraternity is sponsoring an Spring Renaissance to be held on Fry
Street between the intersection of Oak and Hickory; and
WHEREAS, the Spring Renaissance is open to the general
public of of the City and County of Denton; and
WHEREAS, in order to provide adequate space for the said
Renaissance and in order to protect the safety of citizens who
attend, the City Councll of the City of Denton deems it is
necessary to temporarlly close a portion of Fry Street between
Oak Street and Hickory Street from the hours of 9:00 A.M. until
7:30 P.M. on April 24, 1983; NOW, THEREFORE,
BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That Fry Street between Oak Street and Hickory Street shall
be temporarIly closed as a street or public thoroughfare of any
kind or character whatever on April 24, 1983 from 9:00 A.M.
until 7:30 P.M. for the purpose of holding the Sigma Alpha Mu
Spr~ng Renaissance.
SECTION II.
That the portion of the above described streets shall revert
back to the City for normal traffic activity immediately from
and after 7.'30 P.M. on April 24, 1983.
SECTION III.
That this resolutlon shall take effect and be in full force
and effect from and after the date of its passage and approval.
PASSED AND APPROVED this the 5th day of April, 1983.
'O~ STEWART, MAYOa 7
CI%%Y OF ~ENTON, TEXAS
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.'
C. J. TAYLORw JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
372L
RESOLUTION
WHEREAS, it is necessary for the Council of the City of
Denton to support legislation before the House and Senate to
amend Article 12693-4.1, entitled Public Improvements in City,
Town or Village; Bonds; Occupancy Tax; and
WHEREAS, a necessity exists for the increase of revenue
derived from the hotel/motel occupancy tax from four (4%)
percent to five (5%) percent; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
S CTION I.
That the City Council of the City of Denton, Texas supports
legislation to amend Article 1269]-4.1, Public Improvements in
City, Town or Village; Bonds; Occupancy Tax to enable the City
of Denton to increase 1ts Hotel/Motel Occupancy Tax from four
(4%) percent to five (5%) percent.
SECTION II.
That a copy of this Resolution shall be forwarded to the
Honorable Tip Hall, State Representative, Austin, Texas.
SECTION III.
This Resolution shall become effective from and after ~ts
date of passage. ~ ~ ~
PASSED AND APPROVED this the ~~-'' day of , 1983.
/~IC~ARD O[ STEW~T, MAYOR-~
CIT~ OF ~ENTON, TEXAS
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM=
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, It lS necessary for the Council of the City of
Denton to authorize an Agreement between the C~ty of Denton and
the Town of Cross Roads concerning the C~ty of Denton's ex~st~ng
Mosley Road sanitary landfill slte; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the Mayor of the Clty of Denton, Texas ~s hereby
authorized to execute an Agreement between the City of Denton
and the Town of Cross Roads in conslderatlon of the mutual
covenants set out ~n the Agreement attached hereto.
PASSED AND APPROVED this the c~5~ day of April, 1983.
/ IC A D O%TSTEW mT,- AYOR 7/
CIT~ OF D~TON, TEXAS -
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
~.~~_ FJ
.
" •
§ ~ AGREEMENT
COUNTY OF DENTON §.
WHEREAS, the City of Denton, Texas and the Town of Cross
Roads, Texas; municipal corporations with the authority.and
power to contract, do hereby enter into this agreement concerning
the City of Denton's existing Mosley Road sanitary landfill.ss .
site, the public roads adjacent thereto and the new proposed•
sanitary landfill, site and ,in consideration of the mutual
covenants set.out herein agree as follows:
' A.' Covenants of the-City of Denton: .
_ 1. 'Mosley Road Improvements:
. The City of Denton shall make-the following
improvements on Mosley Road:- ,
(a) Blade roadside ditches and remove.
excess dirt. to provide for proper
drainage;
(b) Install a twenty-four inch, thirty
` - foot culvert-under Mosley Road, .just '
south of Mr. Steven Bartels.home;
(c) Blade existing humps in road to pro- _
vide a level road surface;
(d.)._Rework-_sof-t-spots-=to-proper-moisture-'-- -~'-
and compaction and to. test before` -
sealing with loaded tandem axle .
truck;
THE STATE OF TEXAS •"§ -~.>
(e) Blade on hot mix asphalt to fix holes
and smooth rough areas and, to apply a
•single penetration seal coat the
' entire length of the road to a width
of twenty-five feet, then roll with
•~ steel and/or .rubber tire rollers.
2. .. Tipps Road Improvements:.
The City of Denton shall make the following
improvements on Tipps Road:•
(a) Blade roadside ditches and remove
~- ~ excess dirt to provide for proper
drainage;
:(b ). .Rework soft ,spots,. to proper moisture.
.- 'and`compaction,_test::before^sealing„,
with loaded tandem axle truck. Add
gravel and prepare base for seal coat.
' application; -,
. (c) Apply single penetration seal coat.
the entire width of the road to .a
width~of twenty feet, then xoll with.
.steel and/or rubber tire rollers.
AGREEMENT - PAGE ONE
~:. _ •
~. `(d)~ Install one fifteen inch, twenty foot
driveway culvert.
(e) All existing culverts should be free
and clear of dirt and debris. •
3. '. Pottershop Road
The City of Dentpii.'shall make the following - .
improvements to Pottershop Road: _ - -
.(a) Blade.roadsde ditches and remove excess
dirt to prouide.for proper drainage;
_ ~ _(b) 'Remove and replace four (4) driveway
culverts with fifteen inch culverts;.' -
- ~ (c) Add two (2).additional fifteen inch
culverts under the road and install.
additional gravel as needed to accom-
" plish such installations.;
(d) Add'a flex base in low areas of said
. goad before a seal coating and apply
single penetration seal coat along,
the entire legnth of the road to a
. width of twenty feet,-then roll with
rubber tire rollers. ~-- •
(e)~•The language "penetration seal coat" as
used in paragraphs A1, A2 and A3 shall
mean one application of•liquid road
-- _ asphalt covered with fine pea gravel
rolled with rubber and steel~tire rollers. ~'
_4. ;Performance of Street Improvements:
.~~_ _.-z- -The City of Denton shall accomplish the street
improvements specified herein. at its own:,cost
and expense with its employees or contractors _
of its owncchoosing. Improvements on Tipps
and Pottershop Road shall begin within fourteen
-days, weather permitting, after the approval
of this agreement by the parties hereto and
the approval~of Denton County is obtained.
. .Improvements to Mosley Road shall begin within
thirty days, weather permitting, after final
closure of the existing landfill is complete.
5. City of`Denton Indemnification of the Town
. of Cross Roads: -
- The City of Denton agrees to protect, defend,
' indemnify and save the Town of Cross Roads,
its officers, directors, employees, from=-and
.. against all claims, demands and cause s. of
action of every kind and character, without
_ _ limit and without regard to the cause or n
_ causes thereof, that may arise.`as the result
of the City of Denton's negligence, of any
kind whatsoever, in the performance of this
contract.
6. Closure of Landfill: ,
The City of Denton agrees to cease accepting
refuse at the Mosley Road landfill site om or.
before January 31,"1984 or when. the Texas
AGREEMENT - PAGE TWO-
a
' Department of Health notifies the City of Denton
that the new City of Denton sanitary landfill ~_`'
' site is'approved to accept solid waste, which-
- ever occurs first. ,The parties agree-that this -
closing date shall supersede the projected
closing date .the City of Denton submitted in •
their August 30, 1982 letter addressed to the - `.
.Texas Department of Health. '
" - iThe City of Denton shall complete cover operations
' at the Mosley Road landfill site by May, 31, 1984 '
' or within five (5) months after the.new landfill "
site is approved to accept r-efuse, whichever
occurs first. - -
7. Sale of Landfill Property:
-. The City of Denton shall; after closure of the
Mosley Road landfill site, sell one (1) acre of
such site .to the Town of Cross Roads for a sum of
Ten and No/100 ($10.00)'Dollars.
8;.- .Inspection: ,
The City of Denton acknowledges that the Town of
Cross Roads shall have the privilege to designate
one representative who shall at all times have
access to the work construction site for the" '
purpose of observing tests and/or inspecting
the work of the City of Denton to be performed .
under this contract. The City of Denton further
agrees to fully cooperate with said inspector
~" that the Town of Cross. Roads inay elect to hire -
at-its'own expense." The City of. Cross Roads'
shall notify the City of~Denton within seven
days from the date of ratification of this -
. - -.. '. ---=contract -by-both-parties-of-'tl'e'-name=.`•arid_~~. ~""_•- -- . "
address of said inspector.
B. Covenants of- the Town of Cross Roads: .
1. No Contest of Landfill Operationsc .
The Town of Cross Roads shall not, in its
governmental capacity, or acting directly or
indirectly through or by any natural person, '
complain to or petition any governmental
agency, board or commission or bring'suit in
any court of law, or otherwise contest in any
way, so as to .prohibit or impede the City of
Denton,. so long as the City of Denton•complies' ,
with all provisions of this agreement, and.
- performing. or doing any of the following:
' (a) Continuing to operate the Mosley Road
landfill site pursuant to paragraph-6;
a - (b)_'Opening'or making use of the proposed. ~ '
- , -
new sanitary landfill site; or-: -.
(c) Terminating. the use of the Mosely Road.
• landfill site at the.-final closure eleva-
tion submitted by the "City of Denton in
• a letter and attachments to the Texas
Department of Health dated August 30,-1982. '
C. The City of, Denton further warrants and represents .
that.it will fully-comply:.with-the`_landfill_-closure
', AGREEMENT = 'PAGE THREE '
-• ~ ,* F c
_ _ -
r
~. .
requirements and regulations as promulgated by the.
Texas Department of Health. The City of Denton
' further represents and warrants that it will request
no additional .waivers of regulations. or extensions
of time to .comply with the Texas Department of
• Health landfill closure regulations except as
specifically 'represented by the City of Denton in •
their letter and attachments submitted to the
Texas Department of Health dated August, 30, 1982.
PASSED AND APPROVED by the City of Denton, Texas, this the
`~ t~L -day of 1983. --
i
CITY OF DENTON,.TEXAS
. 1
BY i ..
~,
- ,}., ~~` `? and 0. Stewa t, ayo - • .
~~ AT,TE -~
~~~ ~ /r.~,, _
a ~ -~
~~ y
~~ ~ arlotte~ lien, t ec eta '
~j~ City d~f~D'enton, Texas - -
P Jy r ~} v
AP,PROUED AS .TO' LEGAL FORM:_ ., -
C.: J. TAYLOR, JR., CITY ATTORNEY
- CITY OF DENTON,.TEXAS
By- - -
. - .
- -1 . •.
PASSED AND APPROVED by the-Town of Cross Roads, Texas this ,
-" the ~ day of - -~_ ~_,' `1983.
TOWN OF CROSS ROADS, TEXAS
ATTEST:
Tow Secretary ~ -
To of Cross Roads, Texas -
-
.
AGREEMENT -.PAGE .FOUR
RESOLUTION
WHEREAS, the City Council of the City of Denton, Texas
supports the continuation of effective air quality standards, and
WHEREAS, the City Council of the City of Denton, Texas also
supports efforts to provide area c~t~zens with transportation
mobility and the opportunity to obtain economic ob3ectlves, NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE LITY OF DENTON, TEXAS
SECTION I.
That the C~ty Council of the C~ty of Denton, Texas supports
an appropriate balance among air quality, mobility, and economic
oboectlves through the modificatIon of the proposed Un,ted
States Environmental Protection Agency's Construction and
Funding Sanctions (48 Federal Register 4972, "Compliance with
the Statutory Provisions of Fart D of the Clean Air Act,"
February 3, 1983).
SECTION II
That a copy of th~s Resolution shall be forwarded to the
Un,ted States Environmental Protection Agency, 401 M Street,
S W., Washington, D. C. 20460
/RI[HARD Og STEWART, MA'~
CITY OF DENTON, TEXAS
ATTEST.
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, we live in a world that makes universal human
rights our first priority ~f civilization ~s to surwve and
advance; and
WHRREAS, a maoor obstacle to the attainment of universal
human rights is the pre3udlce that manifests ~tself in the
presecut~on of a people for their religious beliefs, and
WHEREAS, the earth is, xn reality, one country and mankind
its c~txzens; and
WHEREAS, we ~n America have been g~ven great spiritual
capacities and blessxngs;
WHEREAS, we must take the leadership in the quest for an
attainment of universal human rights and religious freedom,
NOW, THEREFORh, BE IT RESOLVhD BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS.
That we, the C~ty Council oi Denton, Texas, do hereby
protest the relentless persecution of members of the Baha'~
Faith ~n Iran; and
IT IS FURTHER RESOLVED, that the City Council of Denton,
Texas enacts th~s resolution of sympathy and support of the
Baha'~s of Iran ~n order that the world may know our sentiments
on this humanitarian issue.
PASSED AND APPROVED this the /~day of ~j , 1985
#
Ci~IG~IA~IA ~ ~N~AI~A~A¥O
ATTEST:
CHARLOTTP, ALL~N, CITY SECRETKRY
CITY OF D~NTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNhY
CIIY OF D~NTON, TEXAS
RESOLU I ION
WHEREAS, a ma3orlty of the Council will be out of the City
of Denton on May 3, 1983, and it ~s necessary that the Council
meeting for such date be postponed unttl May 10, 1983, NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY LOUNCIL OF tHE CITY OF DENTON, TE~S
SECTION I
That the regular Counctl meeting to be held on May 3, 1983
be postponed until May 10, 1983.
PASSED AND APPROVED th~s the 19th day of April, 1983.
{ S'I'E~RT, MAYOR~
OF DENTON, TEXAS
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEX~S _
RESOLUTION
WHEREAS, the Regional Transportation Council is the policy
body of the Metropolitan Planning Organization for the Dallas-
Fort Worth urban area, and
WHEREAS, over the next Z0 years, the population of Texas is
expected to increase by about 50 percent, and
WHEREAS, recent surveys of the Texas transportation system
reveal that.
1. Texas leads the nation in deficient bridges (17,200)
and deteriorated state roadways (7,740 miles,
2. Texas will have to triple its present rate of
highway construction and maintenance funding to
handle an anticipated traffic xncrease of more than
50 percent in the next 20 years,
3. Texas motorists each currently pay an average of
$292 per year of "bad roads tax" ~n excessive fuel
use and vehicle damage and wear;
4. Texas c~tles cannot keep up w~th a growing backlog
of street repairs, although they now spend 58
percent more for that purpose than three years ago,
and
WHEREAS, a large number of Texas citizens depend upon
transit systems as their sole means of transportation; and
WHEREAS, additional funds are needed to replace aging
transit equipment and to provide additional equipment to met new
demands, and
WHEREAS, Increased state revenues for transportation would
reduce dependence upon the federal government and vulnerability
to federal funding cutbacks, and
WHEREAS, urban areas contribute a substantial portion of
state and federal revenues generated by vehicle use, NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS.
SECTION I
That the Regional Transportation Council strongly urges the
Texas Legislature to provide additional state funding for both
road and mass transportation improvements, in particular, a
level of at least $70 million per biennium is needed for public
transportation.
PAGE ONE
SECTION II
That the Regional Transportation Council recommends that an
~ncrease ~n state transportation user fees be permitted only ~f
a m~nlmum of 60 percent oi the additional funding to the State
Department of H~ghways and Public Transportation xs spent ~n
urban areas.
SECTION III.
That the Regional Transportation Council supports
legislation to establish a c~ty street ~mprovement fund (The
Pothole Bxll).
SECTION IV
That the Regional Transportation Council recommends the
allocation of transportation user fee revenues which w~ll
prowde matching funds to assure full use of federal h~ghway and
transit funds available to Texas.
SECTION V.
That th~s Resolution shall be forwarded to members of the
State Legislature representing the North Central Texas region
and be ~n effect ~mmed~ately upon ~ts adoption.
PASSED AND APPROVED this the 19th day of April, 1985.
,
^TTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
C J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
A RESOLUTION by the City Council of the City of
Denton, T~xas, consenting to the introduction of
an Act creating a Municipal utility D~str~ct to be
known as the "Argyle Municipal Utility Dlstrlct"
and resolvlng other matters incident and related
thereto.
WHEREAS, in conformity with the provisions of Article
XVI, Section 59 of the Texas ConstItution, the City Council
of the City of Denton, Texas has been furnlshed a copy of a
proposed Act to be ~ntroduced for passage by the Legislature
of the State of Texas durlng its regular session in 1983
providing for the creation of a conservation and reclamation
d~strlct in Denton County, Texas, such district to be known
as the "Argyle Munlclpal Utlllty Dlstr~ct" and to include
within its boundaries approxlmately 605 85 acres of
land, more or less, s~tuated ~n Denton County, Texas and a
port~on of which land ls located within the extraterritorial
3urlsdlct~on of the City of Denton, Texas; and
WHEREAS, the Council has reviewed the Act creatlng said
D~strlct and other evidence and Information relating to the
proposed Dlstrlct and has found and determined that consent
for the introduction of the Act at the regular session of
the Legislature of the State of Texas should be granted,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS.
SECTION 1: That, in conformity with the provisions of
Artlcte XVI, Sectlon 59 of the Constitution of the State of
Texas, approval and consent ls hereby g~ven and granted for
the lntroductlon at the regular session of the Legislature
of the State of Texas ~n 1983 of an Act providing for the
creatlon of a conservation and reclamation district to be
known as the "Argyle Municlpal Utility District" and containing
land therein wlthln the extraterritorial jurisdiction of the
C~ty of Denton, Texas.
SECTION 2: That the City Secretary is hereby authorlzed
and directed ko forward a certified copy of th~s resolution
to the Governor, L~eutenant Governor and the Speaker of the
House as soon as possible; evidencing the Councll's consent
to the creation of the proposed Dlstr~ct.
~4~ ~ 1983.
PASSED AND APPROVED, th~s the /~ day of ~=_,
~, ~17 of D~to~, Te~as~/
ATTEST:
Cl~y, ~cr~af~, C~y o~
Denton, Texas
(City Seal)
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
I, the undersigned, City Secretary of the City of
Denton, Texas, DO HEREBY CERTIFY as follows
1. That on the=--r~_-~J~-~Y of ._~_,~/, 1983, the Clt~
Councll of the City of Denton, Texas,- c~vened in
session at its regular meeting place in the City Hall~f
sa~d City, the duly constituted members of the Council being
as follows
RICHARD O STEWART MAYOR
MARK CHEW
JACK BARTON
CHARLES HOPKINS COUNCILMEMBERS
DR. A. RAY STEPHENS
JIM RIDDLESPERGER
JOE ALFORD
and all of said persons were present at sa~d meeting, except
the following: Among
other bus~ness considered at sa~d meeting, the attached
resolution entitled.
"A RESOLUTION by the City Council of the City of
Denton, Texas, consenting to the introduction of
an Act creating a Municipal Utility D~strlct to be
known as the 'Argyle Municipal Utility District'
and resolving other matters ~nc~dent and related
thereto."
was lntroduced and submitted to the Council for passage and
adoption. After presentation and due consideration of the
resolution, a motion was made by ~~ that
the resolutlon be fln~l~y passed and-adopted. The motion
was seconded by ~~ and carried by the
following vote.
~ voted "For" ~ voted "Against" ~ abstained
all as shown in the official M~nutes of the Council for the
meeting held on the aforesaid date.
2. That the attached resolution ~s a true and correct
copy of the original on file ~n the official records of the
City; the duly qualified and acting members of the City
Council of said City on the date of the aforesaid meeting
are those persons shown above and, according to the records
of my off~ce, advance not~ce of the time, place and purpose
of the meeting was g~ven to each member of the Council, and
that said meeting, and the deliberation of the aforesaid
public bus~ness, was open to the public and written not~ce
of said meeting, including the subject of the entitled
resolution, was posted and given ~n advance thereof ~n
compliance with the provisions of Article 6252-17, Section
3A, V.A T.C.S.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the seal of said City, this the
day of , 1983.
Cl~y Secr%tary, Cfty of
Denton, Texas
(C~ty Seal)
RBSOLUT ION
WHEREAS, we live in a world that makes universal human
rights our first priority if civilization is to survive and
advance; and
WHEREAS, a ma3or obstacle to the attainment of universal
human rights is the prejudice that manIfests itself in the
presecutlon of a people for their religious beliefs, and
WHEREAS, the earth is, in reality, one country and mankind
its citizens; and
WHEREAS, we in America have been given great spiritual
capacities and blessings,
WHEREAS, we must take the leadershIp in the quest for an
attaInment of universal human r~ghts and religious freedom,
NOW, THEREFORE, BB IT RESOLVED BY THE CITY COUNCIL OF THE
CITYOF DENTON, TEXAS
That we, the City Council of Denton, Texas, do hereby
protest the relentless persecution of individual members of our
universe because of their religious beliefs, and
IT IS FURTHER RESOLVED, that the City Council of Denton,
Texas enacts th~s resolution of sympathy and support of
religious freedom throughout the world in order that the world
may Know our sentiments on this humanitarian issue
PASSED AND APPROVED th s the IQ ay of _ ,1983.
ATTEST.
CITY OF DENTON, TEXAS
APPROVBD AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RBSOLUT ION
BE IT RESOLVED BY THE CITY COUNCIL OF THh CITY OF DENTON, TEXAS
SECTION I.
The Mayor is hereby authorized to execute on behalf of the
C~ty of Denton, Texas an agreement between the C~ty of Denton
and the Texas Municipal Power Agency, a copy of which ~s
attached hereto and made a part hereof
SECTION II.
Th~s Resoluton shall become effective from and after its
date of passage.
PASSED AND APPROVED th~s the 10th day of May, 1985
~I~ DE~TON, TEXAS
ATTEST
CHARLOTTB ALLEN, CITY SECRETARY
CITY DF DBNTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
-- ~ ~ -
f 7.. ,„ --
.. _ .. ,.
AGREEMENT REGARDING IMPROVEMENTS
That the City'of llenton, a municipal corporation herein by
and through its Mayor, of the County of Denton, Texas herein-
after called "City" for and in consideration of the sum of Ten
and No/100 llollars and other good and valuable consideration,
receipt of which is hereby acknowledged, has granted, and by
,these presents does grant unto the Texas Municipal Power Agency;
a political subdivision of the State of Texas, hereinafter
called "Agency", its successors and assigns, the right to
ownership and title of any 'and all- .electric facilities and
improvements which have been and shall be placed by Agency on
any land owned by the City and shall not go with or become a
part of said land, provided, however, that the City shall have -
the right upon expiration of the term hereof, to remove, at
Agency's expense, such electric facilities then remaining on the ,
above described land.
The rights hereby granted to agency shall remain in force
for -the same term as the Power Sales Contract on file with City - .
dated.September 1, 1976 between City and Agency.
` Witness the-hand .and seal of the City of Denton, Texas, this
10th day of May, 1983..
CITY OF DENTON, TEXAS
BY:
1. D 0 . W ,.
}4
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: ~ ,
RES 0 LO T 1 ON
WHEREAS, the City Council xs dedicated to the goals of
maintaining the quality of life now enjoyed by the cttxzens of
the City of Denton, and
WHEREAS, the City Council strongly belteves that the
recruitment of new, environmentally clean xndustrlal growth and
businesses to the City of Denton is vttal of the ftnanclal
well-being of the community, and
WHEREAS, the City Counctl is supporttve of the efforts of
the Denton Chamber of Commerce to attract new busxness and
industry to the area and ~s worktng tn cooperatton wtth the
Chamber of Commerce to encourage the development of new 3obs, and
WHEREAS, the growth of new tndustry adds not only direct
employment opportunity, but results also tn additional
employment expansion and other support servtces w~thxn the
community and provxdes for a healthy tax base, and
WHEREAS, the City Council believes tn the promotton of
tourism and conventions in Denton, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That the City Counctl of the Ctty of Denton does hereby
adopt the followtng economic development policy statements
1. It xs the policy of the City of Denton to retatn and
strengthen its posttlon as a maoor business and
lndustrtal site located zn the Golden Frxangle
Region.
2. The City wtll continually reassess and upgrade its
Denton Development Guide to ensure an adequate
tnventory of tndustrtal zoned land.
3. To the extent possible, envtronmental processing for
prospective tndustrtal plants meeting federal and
state clean air and clean water guidelines wxll be
accompltshed by the C~ty on a preclearance basts by
geographical area and zontng categories
4. Agriculturally-related ~ndustr~es w~ll be encouraged
5. The City will ensure an adequate supply of reason-
ably priced water for tndustrlal use
6. The City will participate wxth members of the Denton
Chamber of Commerce xn sponsoring an economic
development program.
7. An upper level management person w~ll be designated
to act as a l~a~son for the City ~n working with the
Chamber and ~ndustr~al prospects
8. The C~ty of Denton consxders ~t ~mportant to train
and retrain workers for entry ~nto industrial 0obs
and will participate wxth the County of Denton, the
Chamber of Commerce, the Denton Independent bchool
D~str~ct, and other educat~on/tra~ning ~nstltutlons
to encourage local training programs
SECTION II.
That this resolution shall become effective upon ~ts passage
and approval.
PASSED AND APPROVED th~s the 17th day of May, 1985.
ATTEST'
CMARLOTTB ALLBN, ~l'l'Y ~R~'I'ARY
CITY OF DBNTON, TBXAS
APPROVED AS TO LEGAL FORM
C..J.~,T~A~Y~L-~.,R~%,~OR., ~ ATTORNEY
CITY OF DENT~q, TEXAS
394L
RESOLUTION
WHEREAS, the Czty Council of the City oi Denton and the
Commlssxoners Court of Denton County have agreed to participate
in several ~oznt projects to the benefzt of the czt~zens of
Denton County, and
WHEREAS, the members of both bodzes have xndlcated a desxre
to fund those joxnt projects zn a manner that ~s fair and
equitable to all of the citizens of Denton County, and
WHEREAS, to that end a committee was appoxnted to develop a
recommended formula for the allocation of the costs of the
City/County Health Unit, the C~ty/County Library, and Flow
Memorial Hospxtal, and
WHEREAS, thxs committee cha~red by Mr Alonzo Jamlson did
recommend to the C~ty Council and the Commissioners Court a
formula for such allocation, and
WHhREAS, this report was accepted by both bodies, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF ~HE LITY OF DENION, TEXAS
SECTION I.
The members of the City Council of the C~ty oi Denton,
Texas hereby reaffirm their commztment to the "Jameson Committee
Formula" as the most ~alr and equitable way to distribute costs
for these jointly funded agencies and hereby affirm their desire
to use that formula for allocating costs of these agencies in
the 1983-84 operating budget.
SECTION II.
The Mayor of the City of Denton, Texas is hereby directed
to furnish a copy hereof to the County Judge and Lomm~ssloners
Court of Denton County, Texas.
PASSED AND APPROVED thzs the 26th day of May, 1983
~, ~A ~I~A~AYOR ~
ATTEST
(JHARLOTTH' ALLEN, (il'fY ~1~¥
CITY OF DENTON, TEXAS
APPROVBD AS TO LEGAL FORM.
L J. TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
Next Document
RESOLUTION
WHEREAS, Illle Splawn and Blllle Splawn have flied suit
against Life Insurance Company of the Southwest seeking coverage
under the City of Denton Group Health Benefits Plan for bills
incurred as a result of oral surgery; and
WHEREAS, the agreement with Life Insurance Company of the
Southwest provides that the City of Denton has final authority
regarding determination of claims and will remmburse said company
for costs and legal fees incurred mn defending litigation arising
from denials of claims; and
WHEREAS, counsel for L~fe Insurance Company of the Southwest
has reoom~ended that this claim be settled, a reconunendatlon mn
which our City Attorney concurs; and
WHEREAS, the Cmty desires to settle this clamm mn order to
avoid the expense of litigation without an admmsslon of any llabllty
by the City mn thms matter; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the lawsuit of Illle and Blllle Splawn versus L~fe
Insurance Company of the Southwest be settled for the sum of three
thousand two hundred eighteen dollars and ninety-one cents ($3,218.91)
and the Personnel/Employee Relatmons Admmnmstrator Ks hereby instructed
to authorize the payment of said sum through the Lmfe Insurance
Company of the Southwest~
That the City Manager, after approval as to legal form by
the City Attorney, be and ms hereby authorized to execute any agree-
ments necessary to effect final settlement of th~s claim mn the
amount stated herein.
SECTION III.
That this Resolution shall become effectlve from and after
· ts date of passage.
PASSED AND APPROVED th~s the ~/~ay of ~, 1983.
ATTEST:
CHARLOTTE ALLEN, CITY SECRET~i~Y'
CITY OF DENTON~ TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTO~EY
CITY OF DENTON, TEXAS ·
RESOLUTION
WHEREAS, the City Council o~ the City o~ Denton, Texas has deter-
mined that airport zoning regulations are necessary and desirable to
protect the citizens and their property from the adverse affects of
unregulated land uses surrounding the Denton Municipal Airport and
to protect the integrity and safe operation of the airport by insur-
ing compatible land uses ad0acent thereto, and
WHEREAS, the City Council of the C~ty of Denton, Texas is
authorized by the Airport Zoning Act [Texas Civil Statutes Ann. Art
46e-1 et. seq.) to enact airport zoning regulations in the a~rport
hazard area of such airport, now, therefore,
BE IT RESOLVED BY THh CITY COUNCIL OF THE CITY OF DENTON, fEXAS
SECTION I.
That pursuant to the requirement of state law that a Airport
Zoning Commission be appointed prior to initial zoning of any
airport hazard area, the City Council hereby appoints the existing
Planning and Zoning Commission as the Airport Zoning Commission.
SECT.ION II.
That the A~rport Zoning Commission ~s hereby directed to
recommend to the Council the boundaries of the various zones to be
established and the regultlons to be adopted therefor after notice
and public hearing in accordance w~th law
SECTION III.
That the A~rport Zoning Commission shall consult with and
receive ~nformat~on and assistance from the A~rport Advisory Board
~n formulating its recommendations
ATTESt
cfrARLUTI'~ A~LhI'~ CITY ~hGK~T~Y
CITY OF D~NTON, T~XAS
APPROVED AS TO L~GAL FORM.
C. J TAYLOR, JR., CITY ATTORNEY
CITY OF DRNTON, T~XAS
RESOLUTION
WHEREAS, Larry Pool has filed a charge of age discrimina-
tion with the Equal Employr~ent Opportunity Commission naming the
City of Denton, Texas, as Respondent; and
WHEREAS, the City desires to settle this matter in order
to avoid the expense of litigation; and
WHEREAS, such a settlement does not constitute an admissIon
by the City that it has violated any of the provisions of the
Age Discrimination in Employment Act; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I
The City Manager is hereby authorized to execute, on behalf
of the Clty of Denton, Texas, a negotiated settlement agreement
between the C~ty of Denton, Larry Pool and the Equal Employment
Opportunity Commission, a copy of which 1s attached hereto and
made a part hereof.
SECTION II.
This Resolution shall become effective from and after its
date of passage.
PASSED AND APPROVED this the ~'~-day of ~ , 1983.
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
By:CITY OF~._.~~DENTON, TEXAS~..%
., L,
~ _
ORTUNITY COMMISSION
°•'
y
' EOUAL.EMPLOYMENT OPP
_., ' EMr~o,M ~ DALLAS DISTRICT OFFICE
~ ~ goo ~ ~ ~ °~,
c 1900 PACIFIC BUILDING f_; ~`
~'
~'
1 DALLAS, TEXAS 75201
.~
~ o
i
AREA CODE 274
COMMERCIAL 787-4607
~FTS 72J4607
! ~ :,~
°~ t ~~
4, ~,, .. ~ 15.
~~ ° ~~ `'~ `~ ° AGREEMENT '"
1. llnder the terms ,contained in paragraph (2) of this agreement with the Respondent,
City of Denton, Police Department, the Charging Party, Larry Pool,.agrees not to insti-
tute a lawsuit under the Age Discrimination in Employment Act~.(ADEA),'~.b ised on Charge ,
No. 061 82 2372 filed with the Equal Employment Opportunity Commission; and the Equal
Employment Opportunity Commission agrees not to process this charge further.
2. In exchange for the terms contained in paragraph (1) agreed to by the Charging
"Party and the Equal Employment Opportunity Commission, the Respondent agrees, to:
a. Pag~the Charging Party a negotiated sum of $4168.00. ~ - ^W ~ i
^ b. Respondent further agrees that the Charging Party will be allowed to take
' -the next Civil•Service examination scheduled for .the position of Police
Officer, upon not less than ten (10) days written notice of such examination
by mail to the Charging Party's last known address. Should the Charging
Party receive a passing score on such examination, then the Charging Party
will be placed on the eligibility list for the position of Police Officer
in accordance with the provisions of Article 1269 M, V. T. C. S.
~'---
If, after taking the examination, the Charging Party .is certified as
having the highest grade on the eligibility list for any vacant position
of Police Officer, the Respondent agrees to appoint the Charging Party
tothe position or set forth in writing, to be filed with the Firemen's
and Policemen's Civil Service Commission with a copy to the Charging
Party, good and sufficient reasons pursuant to Article 1269 hi; V.T. C. S:,
why the Charging Party was not appointed to such-vacancy.
3. It is understood that this agreement does not constitute an admission by the
Respondent of any violation of the Age Discrimination in Employment Act.
. 1
4. The Equal Employment Opportunity Commission's participation in this agreement
does not reflect any judgment by the Commission on the merits of the charge. Further-
more; the Equal Employment Opportunity Commissioh~~does not wyaive its__•right.pL~_cess '
'aity'tith"ei" cli £rge; ''inclu`ding a charge filed'by as member of`the Commission 'against the
Respondent. -
OiV BEHALF OF T CITY OF DEN ON:
/ '
Respondent/ ~ "' - ~ - •
_ '
,ON BEHALF`OF THE CEO~MMISSION: ,
\. s., .
• ~.,~.. ,. 9 R3
Da
~~3
Date
.ctDirectbr', EEOC
1\ - ~ _,
,- -_
ARTHUR ANDERSEN & Co
DALLAS TEXAS 75~70
June 2, 1983
To the City Council of the City of Denton.
This will confirm our understanding of the arrangements made with you
covermng the examination you wish us to make of the fmnancial statements of the
City of Denton for the year ending September 30, 1983
Our work will consmst of an examination of the fmnancmal statements
of the City of Denton as of September 30, 1983, and for the year then endmng
Our examination would be made in accordance wmth generally accepted auditing
standards, including such tests of the accountLng records and such other audLt-
lng procedures as we consider necessary to enable us to express our oplnlOn on
the financial statements
Our work would also mnclude the complmance audit and mssuance of a
separate report for revenue sharing funds as required by the Office of Revenue
Sharing
Our exammnation would mnclude a revmew and evaluatmon of the exmstlng
system of internal accounting control to provmde a basms for reliance thereon
mn detarmlning the nature, timing and extent of selective audit tests to be
applied to recorded transactions and data for certaLn permods of the year
Primary relmance for the prevention and detection of errors or irregularities
must be placed on such a system of internal accounting control because mt is in
constant operation and covers all permods and transactions Such a system
cannot eliminate, however, the possibilmty that errors or mrregularitles may
occur While there can be no guarantee that such errors or mrregularmtles
would be detected by us, we would plan our exammnat~on to search for errors or
mrregularitmes that would have a matermal effect on the financial statements
Our fees for the above services are estmmated to be $33,500. We would,
of course, endeavor to keep our fees as low as possible
We appreciate this opportunity to be of servmce to the Czty of Denton.
Very truly yours,
155L
RESOLUTION
WHEREAS, the term of office for Place 4 of the City of Denton,
Texas on the Board of Dxrectors of the Texas Municipal Power
Agency w~ll termxnate July 1, 1983, and
WHEREAS, Richard O. Stewart was heretofore appointed by the
City Council of the City of Denton, Texas to Place 4 on the Board
of D~rectors of the Texas Municipal Power Agency and has been
serving as such Director to th~ present t~m~, NOW, ~H~REFORg,
BE IT R~SOLV~D BY TH~ CITY COUNCIL OF THg CIIY OF DENTON, TEXAS
SECTION I.
Pursuant to th~ t~rms and prows~ons of Ordinance No. 75-22
of th~ C~ty of O~nton, Texas, R~chard O. ~tewart ~s h~r~by
appointed to th~ two y~ar term o~ off~ce to Plac~ 4 on th~ Board
of D~r~ctors of th~ Texas Municipal Power Agency Th~ t~rm of
off~c~ b~g~nn~ng July 1, 1983 and ending Jun~ 30, 198~
S~CTION II
Th~s R~solut~on shall b~com~ ~ffect~ve from and after ~ts
dat~ of passage, and ~t ~s so ordered
PASSED AND APPROVED thls the ~ay of dune, 1983
ATTEST
CITY OF DENTON, ThXAS
APPROVED AS TO LEGAL FORM.
C J. TAYLOR, JR., CITY ATTORNhY
CITY OF DENTON, TEXAS
BY
R~SOLUT ION
WHEREAS, the City Council of the City of Denton, fexas
desires to appoint Arthur Andersen ~ Co. as the auditors for the
City oi Denton, Texas for the fiscal year ending beptember 50,
1985,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF RHh
CIFY OF DENTON, TEXAS, THAT
SECTION I.
Arthur Andersen ~ Co. is hereby designated as the auditor
for the City of Denton, Texas for the fiscal year ending
September 50, 1983 ~n accordance with the terms and provisions
of the commitment letter of Arthur Andersen ~ Co. dated June
1983, a copy of which ~s attached hereto and made a part hereof
for all purposes
PASSED AND APPROVhD this the 7th day of June, 1983.
ATTEST'
CHARLOTTE ALLEN, CITY SBGR~'I'AR¥
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CItY OF DENTON, TEXAS
/ /
RESOLUTION DIRECTING THE REDEMPTION OF CERTAIN
CITY OF DENTON
ELECTRIC SYSTEM REVENUE REFUNDING BONDS,
SERIES 1978
WHEREAS, the City of Denton, Texas, has outstanding the
City of Denton, Texas, Electric System Revenue Refunding,
Bonds, Series 1978, dated July 1, 1978, aggregating
$19,255,000 in principal amount (the "Series 1978 Bonds");
and
WHEREAS, of said Series 1978 Bonds, Bonds Numbers 2051
through 3850 an the principal amount of $9,000,000 and
maturing on December 1, 2007, less than the "Tendered Bonds"
described below ~n the aggregate principal amount of
$2,000,000, are subject to optional and mandatory redemption
in the amounts and on the dates set forth in Section 6 of
the Ordinance authorizing the issuance of the Series 1978
Bonds, at a price of par and accrued interest to the date of
redemption; and
WHEREAS, the City has made arrangements to purchase
$2,000,000 in principal amount of the Series 1978 Bonds
maturing on December 1, 2007 (the "Tendered Bonds") on March
29, 1983; and
WHEREAS, the Ordinance authorizing said Bonds provides
that at least thirty (30) days prior to the date on which
said Bonds are to be redeemed, Notice of Redemption (speci-
fying the serial numbers and the amount of Bonds to be re-
deemed) shall be published once in a financial publication
published in The City of New York, New York; and
WHEREAS, concurrently herewith the City Council has
authorized the execution and delivery of the Utility System
Special Escrow Fund Agreement among the City, the Texas
American Bank/Fort Worth, N.A., Fort Worth, Texas, as Escrow
Agent, and InterFirst Bank Dallas, N.A., Dallas, Texas
pursuant to which the Escrow Agent will hold monies and
investments provided by the C~ty an an amount sufficient to
pay the principal of said Series 1978 Bonds specified in the
second recital hereof, on the respective redemption dates
and to pay the principal of other outstanding Bonds of said
Clty at their respective maturity dates or date of purchase
by the City and to pay interest on all of said outstanding
Bonds to the respective redemption, maturity or purchase
dates;
NOW THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS.
Section 1. That the City Council hereby directs that
$4,025,000 of the Series 1978 Bonds maturing on December 1,
,2007 be called for redemption in the amounts and on the
respective redemption dates set forth in Exhibit "A"
lattached hereto, at a redemption price equal to the
prlnclpal amount thereof plus interest accrued to the date
of redemption.
Section 2. That the City Council on behalf of the City
hereby exercises its option granted in Section 6 of the
ordinance authorizing the Series 1978 Bonds to call for
redemption on December 1, 2002, $2,140,000 in principal
iamount of said Series 1978 Bonds in addition to the $300,000
lin principal amount thereof required to be redeemed pursuant
to the mandatory redemption provisions and further exercises
Its option to reduce the principal amount of Series 1978
~Bonds to be redeemed pursuant to the mandatory redemption
provisions thereof on the respective mandatory redemption
dates in the years 2003 through 2006 to the amounts shown on
Exhibit "A" by virtue of the exercise of the optional
redemption of the $2,140,000 in principal amount of the
'Series 1978 Bonds on December 1, 2002
Section 3. That the Director of F1nance is hereby
authorized and directed to issue a Notice of Redemption of
said Bonds called for redemption pursuant to Section 1 to
Texas American Bank/Fort Worth, N.A., Fort Worth, Texas and
to First State Bank of Denton, Denton, Texas, the places of
payment of said Bonds, which notice ~s to be mailed or
delivered so as to be received by said banks no later than
March 29, 1983, and to have such notice published once,
prior to March 29, 1983, in a financial publication
published in The City of New York, New York.
Section 4. That such Series 1978 Bonds to be redeemed
shall be presented for redemption 1n accordance with said
notice at a bank of payment and shall not bear ~nterest
after the date provided for their respective redemptions.
Section 5. That the Notice of Redemption to be issued
and published by the Director of F~nance shall be substan-
tially in the form attached hereto as Exhibit "B". The
Director of Finance shall insure that the provlslons of the
ordinance authorizing the Series 1978 Bonds ~s complied w~th
and that the paying agent selects the numbers of the Series
1978 Bonds to be called on each redemption date for
inclusion in the Notice of Redemption.
RESOLUr ION
WHEREAS, the Texas Legislature in ~ts recent session created a
new pos~t~on on the Fort Worth Court of Appeals, the d~str~ct for
which includes Denton County, and
WHEREAS, Judge W. C. Boyd ot the 16th Judicial Dlstr~ct Court,
Denton County, has made a~pl~cat~on to be appointed by the
Governor to th~s pos~t~on; ano
WHEREAS, Denton County, with approximately twelve percent of
the population of the d~str~ct ~n which the Fort Worth Court of
Appeals sits, ~s not currently represented on that Court and has
not been represented ~n more than twenty years, wh~le Tarrant
County, w~th slxty-s~x percent of the district's population,
currently has e~ghty-three percent of the Court's membership, and
WHEREAS, Judge W. C. Boyd ~s a judge of superior capabilities,
a legal scholar of great experience and learning, and ~s very
well-qualified to be appointed to this pos~t~on, ann
WHEREAS, Judge W. C. Boyd ~s well-versed ~n both c~v~l and
criminal law, having had jurisdiction over both areas ~n h~s
e~ghteen years and n~ne months on the d~str~ct bench, and
WHEREAS, Judge W C. Boyd enjoys an excellent reputation ~n
the legal profession ~n the Dallas-Fort Worth Metroplex,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS, THAT
S CTION I.
The C~ty Council of the C~ty of Denton urges Governor Mark
White to appoint the Honorable W. C. Boyd, Judge of the 16th
Judicial D~str~ct Court of Denton County, Texas, to the present
vacancy on the Fort Worth Court of Appeals.
SECTION II.
That a copy of th~s Resolution be forwarded to the Honorable
Mark White, Governor of the State of Texas ~n behalf of Judge W. L.
Boyd
PASSED AND APPROVED th~s the Sth day of July, 1983.
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, Lewlsvxlle Lake serves the cxtzes of Denton, Lewxsvllle
and Dallas as the sole or major supply of water for munxczpal use,
and
WHEREAS, the Denton Czty Council zs dedzcated to provldzng hxgh
qualxty water to xts citizens from water obtaxned from Lewzswlle
Lake, and
WHEREAS, the Denton Czty Counczl zs concerned about pollutxon ~n
Lewzsvllle Lake from exlstzng and new septzc systems at or near the
lake, lake recreatxonal use, non-point and point sources and new
reszdentzal and business developments near the lake that do not have
adequate wastewater treatment systems, NOW, rHEREFORE, BE IT
RESOLVED BY THE DENTON CITY COUNCIL THAT
SECTION I.
The Cxty of Denton hereby expresses xts fxrm commxtment to
pursue polxcles and actxons to help maxntaln the water quality xn
Lewlswlle Lake at high standards to assure a contxnued supply of
fresh water for Denton and the surrounding area.
SECTION II.
The Cxty of Denton hereby strongly urges all partxes that are
involved in managxng the Lewxsvllle Lake and xts recreatxonal
facxlxtxes such as the Corps of Engxneers, partxes regulating
Lewlsvxlle Lake's water qualxty such as the Texas Department of
Water Resources, the Enwronmental Protectxon Agency and the Denton
County Health Department, partxes dxschargxng wastewater treatment
plant effluent into Lewlsvllle Lake, partxes developxng propertxes,
homes and busxnesses xn and around the lake or responsxble for
regulatxng such development, and partxes utxlxzxng Lewxsvllle Lake's
recreational parks, shoreline and water surface for recreational
purposes, to also pursue polxcxes and actxons to help malntaxn the
water qualxty xn Lewxsvxlle Lake at hxgh standards to assure a
contxnued supply of clean, fresh water for the regxon's munxcxpal
and recreatxonal uso.
PAGE 1
SECTION III.
The City Secretary of the City of Denton shall cause a copy
of this Resolution to be forwarded to the United States Corps of
Engineers, the Texas Department of Water Resources, the Environ-
mental Protection Agency, the Denton County Health Oepartment,
the City of Dallas, the City of Lewlsvllle, and other appropriate
entlt~es and part~es after its passage
ATTEST
C~LOTTB ALLEN, CIT~ SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CIIY OF DBNTON, tEXAS
PAGE,~-
RESOLU £ ION
WHERhAS, Section 6.03 of the Charter of the C~ty of Denton
authorxzes the C~ty Council to appoint Assistant Czty Judges to
perform the duties and functxons of the Ctly Judge, and
WHEREAS, the C~ty Council deems xt necessary to appoint an
Assistant C~ty Judge to handle the 2udlc~al functions of the
Mun~czpal Court zn the absence of the City Judge, NOW, THERhFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CIfY OF DENTON, TEXAS.
SECTION I.
Gary Patton and Darlene Whxtten are hereby appointed Assistant
C~ty Judges of the Munzcxpal Court of the C~ty of Denton, Texas
pursuant to Section 67.03 of the Charter of the C~ty of Denton,
Texas.
SECTION III.
Thxs Resolution shall become effectxve from and after ~ts date
of passage. ~
PASSED AND APPROVED th~s the
'CIT~ OF Dh~TON
, TEXAS
ATTEST
CHARLOTTE ~LLEN, ~I'rY ~URBTARY
CITRY OF DBNTON, TBXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CI£Y OF DBNTON, TEXASm
PAGB SOLO
RESOLUTION
WHEREAS, the City of Denton, Texas, has identified community
development needs, and
WHEREAS, the Texas Department of Community Affairs
administers the Rexas Community Development Program to assist
community development activities in the State of Texas, NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I.
That the Cltf of Denton, Texas hereby applies for a Texas
Community Development Program Grant under the terms and
conditions o£ the program administered by the State of texas and
upon approval shall enter into and agree to the understandings
and assurances contained in the application and grant
PASSED AND APPROVED this the /~ day o~ .~~1985..
'CITY OF ~ENTON, TEXAS
ATTEST
~HiRRLU'I"f~' AL~R, ~ll! b~K~'iAR~
citY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.
C J TAYLOR, JR., CITY ATTORNEY
CIUTY OF DENTON, TEXAS
190L
RESOLUTION
WHEREAS, the Texas Main Street Center of the Texas
H~storlcal Commission has been created to assist small cities to
develop a public-private effort to rev~talxze their "Ma~n
Street" areas, and five Texas cities w~ll be selected to
partxclpate in the project in 1984, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DBNTON, TEXAS
THAT
SECTION I.
The City of Denton, Texas apply for selection to participate
in tbs 1984 "Main Street" program with the specific goal of
revitalizing the central business district within the context of
the preservation and rehabilitation of its h~stor~c buildings.
SECTION II.
That the C~ty of Denton will fund and employ a Main Street
Pro~ect Manager and provide the manager with travel funding for
training.
SECTION III.
That the City Manager be designated to coordinate the
program activities ,/~
PASSED AND APPROVED this the /~ day of ~,
1985.
ATTBST.
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY. ~
Nert Document
0516L
RESOLUTION
WHEREAS, the City of Denton has notified all the banking
institutions within the City of its intent to receive bid
applications for the custody of city funds for a term beginning
on October 1, 1983, and ending on September 30, 1985; and
WHEREAS, the City of Denton has received Did proposals from
banking institutions within the City desiring to be designated
as a depository of city funds; and
WHEREAS, after such opening the City Council found on the
basis of the bid proposals that First State Bank of Denton,
Texas has submitted the proposal offering the most favorable
terms and conditions to the City for the handling of such funds,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
1. That Flrst State Bank of Denton, Texas is hereby selected
and designated as the depository for city funOs for a term
beginning on October 1, 1983, and ending on September 30, 1985.
2. That the proposal of said ~nstltutlon having its office
and place of business in the City of Denton, Texas, shall be
attached hereto and made a part hereof, and the same is hereby
in all things accepted.
3. That this Resolution shall be effective immediately from
and after its passage and approval by the City Council of the
C~ty of Denton.
PASSED AND APPROVED this the 20th day of September, 1983.
O.7 STEW , AYOR
CIT~ OF D~NTON, TEXAS
ATTEST:
CI:IARLOTTF~ ALLEN, UIT~SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
WHEREAS, Section 8.07 of the Charter of the City of Denton
APPLICATION FOR THE CUSTODY OF CITY OF DENTON
FUNDS FOR THE TWO YEARS BEGINNING
OCTOBER l, 1983, THROUGH SEPTEMBER 30, 1985
1. e will act as paying agent for all outstanding and future bonds
ithout charge.
*2 o charge will be made for overdraft9 .... if offset by compensating
3. e will furnish all City checks pnlnted in accordance with the
i ty's specifications without ,charge. The City writes
)proximately 30,000 checks a year.
4. will provide one safe deposit box without charge.
5. agree to count all parking m~ter coins collected by the City
~ithout charge. The City collects approximately $500 worth of
oins monthly.
6. le will furnish coin wrappers w~thout chaP§e. The City uses
pproximately one hundred (100) wrappers a year.
7. !e will furnish depository bags to the City wi~but charge. The
,ity uses approximately e~ght (8) bags.
8. Fhe bank will handle all foreign and domestic exchange for the
;ity without charge. Service charges ~f other banks shall
:crue to the City.
9. ~e City will be furnished wire transfer service to any bank ~n
:he United States without charge.
10. Fhe City shall be charged according to the following schedule
Estimated Bid Charge
Transactions per Transaction TOTAL CHARGE
Checks pa~d 30,000 ~ None : None
Deposits 280,000 e None = None
None
ll. The minimum balance required to offset the charges above
is None . A credit rate of None % may be appl3ed
to the average dally demand amount less reserve of None
for offsetting these charges.
12. We w~ll pledge approved securities as requ~r~ ~n Vernon's Clwl
Statute's Article ~$60 to cover all funds depo$~ted w~th us by
the City, as determined and requested by sa~d C~ty.
* balances of other demand accounts, otherwise, paragraph #16 shall be
~n effect.
RESOLUTION
WHEREAS, the U. S. Army Corps of Engineers Division Head-
quarters has approved fish and wildlife enhancement areas for
the Ray Roberts Lake Pro]ect; and
WHEREAS, the U. S. Army Corps of Engineers has authorized
the State of Texas to operate proposed recreational facilities
for the Lake Ray Roberts project; and
WHEREAS the U. S. Government has agreed to pay 75% of the
cost of developing fish and wildlife enhancement areas for the
project wlth participating Cities contributing 25% of such cost,
and
WHEREAS, the City Council of the City of Denton, Texas,
recognizes that the development and maintenance of fish and
wildlife enhancement areas is significant in the preservation of
our natural resources; now, therefore,
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON~ TEXAS, THAT=
SECTION I.
The Mayor of the City of Denton, Texas be and is hereby
authorized to execute the attached Supplemental Agreement,
Modification No. P00001, to Contract #DACW 63-80-C-0107 between
the United State Government and the City of Denton relating to
fish and wildlife enhancement for the Lake Ray Roberts Pro3ect.
SECTION II.
The City Secretary ls authorized to forward t~ls Resolution
to the appropriate officials at the City of Dallas, Texas Parks
and Wildlife Department, U. S. Army Corps of Engineers, North
Central Texas Council of Governments and other interested
agencies.
SECTION III.
This Resolution shall be in effect immediately upon its
passage.
PASSED AND APPROVED this the ~' ~ay of.~;]/7~--~/~ 1983.
o.
'CITY\OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
Ne'er BoCument
RESOLUTION
WHEREAS, heretofore previously, Senate Bill 595 has been
adopted by the 68th Legislature of the State of Texas, said bill
becoming effective only upon the adoption of a constitutional
amendment proposed by the Legislature; and
WHEREAS, Senate Bill 595 provides a workable and meaningful
mechanism for many cities, towns and villages in the State of
Texas to repair, replace or otherwise correct deficiencies in
the sanitary sewer systems in said cities; and
WHEREAS, Senate Bill 595 provldes a mechanlsm to lessen the
impact of the cost of relocation of sanitary sewer laterals upon
prlvate property by allowing the cltles, towns and villages to
make low-interest loans to property owners, which might be
repaid in increments based upon agreements between the property
owners and the cities, towns and v~llages; and
WHEREAS, the provisions of Senate Bill 595 are discretionary
for both the cities and the property owners and no participation
can be required or mandated without the voluntary agreement of
each property owner; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the City of Denton, Texas does support and urge the
passage of a constitutional amendment, pursuant to Senate Joint
Resolution 17 provldlng for the adoption of legislation
authorizing the expenditure of public funds by cities, towns and
villages for the relocation of sanitary sewer laterals upon
private property, to be submitted to the voters of the State of
Texas in a special general election to be held on Tuesday, the
8th day of November, 1983, and urges each person in the City of
Denton to actively support and secure the adoption of the
constitutional proposition.
SECTION II.
The City Council of the City of Denton calls upon public
service organizations in the City to urge their membership to
favorably consider the adoption of the constitutional amendment
pursuant to Senate Jolnt Resolution 17.
PASSED AND APPROVED th~s the ~/~-' day of October, 1983.
y ARD. 0% ~EWA~T ~ M~OR
OF DENTON, TEXAS
ATTEST:
cHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C.~\J~ TAyloR, JR., CITY ATTORNEY
CT OF DENTON, TEXAS
RESOLUTION
WHEREAS, the City of Denton, Texas, has heretofore entered
into a Contract with the Federal Government for recreational
development associated with Ray Roberts Lake and thereby is
obligated under subject contract to also provide certain
recreational facilities at Lewlsvllle Lake; and
WHEREAS, the Corps of Engineers, Fort Worth Dlstr~ct
Offices, believes that a Greenbelt Corridor between Ray Roberts
and Lewlsvllle Lakes may be substituted in lieu of additional
recreational development at Lewlsvllle Lake; and
WHEREAS, the City of Denton, City of Dallas and the Texas
Department of Parks and Wildlife believe the Greenbelt Corridor
project is a more beneficial recreational pro~ect than
additional recreational facllltles at Lewlsvllle Lake and will
provide a much needed recreational resource in the North Texas
Metroplex area as noted by Texas Parks and Wildlife surveys; and
WHEREAS, the Greenbelt Corridor will De less expensive and
have a better cost/benefit ratio than additional recreational
facilities at Lew~sv~lle Lake; and
WHEREAS, several area organizations such as environmental
groups, area recreational groups, the Sierra Club, the North
Central Texas Council of Governments and others have expressed
support of the Greenbelt Corridor project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
THAT.
SECTION I.
The Denton City Council supports the Greenbelt Corridor
project; and
SECTION II.
The Denton City Councll encourages all other parties
interested in the type and quality of recreation that will be
provided by such a Greenbelt Corridor to join in support of the
Greenbelt Corridor project; and
PAGE ONE
SECTION III.
The Denton City Council encourages all parties to work
together towards the successful completion of the Greenbelt
Corridor pro3ect, a project that will be beneficial for
generations to come for area residents, fishermen, canoeist and
others who enjoy the outdoor natural habitat type of recreation
that will be provided by such a Greenbelt Corridor.
SECTION IV.
That this Resolution shall be in effect immediately upon its
passage.
c~iCHA~U ~. STEWART,/~AYOR TY OF DENTON, TEXAS
ATTEST:
CHARLOTTE' ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE TWO
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The City Council of the City of Denton, Texas hereby casts
all of xts 560 votes for Raymond Pitts as a member of the Board
of Directors of the County Wide Appraisal Dlstrlct for the
County of Denton, Texas.
SECTION II.
This Resolution shall become effective from and after its
date of passage.
PASSED MD APPROVED this the 4th day of October, 1983.
O% ~TEWART, ~Y~R'
~ DENTON, TEXAS '
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM.'
C. J.'-~AYLOR, ~R', CIT~/ ATTORNEY
CITY OF DENTOn, TEXAS
THE STATE OF TEXAS
RESOLUTION
COUNTY OF DENTON
WHEREAS, the entire world depends on mutual trust among
nations in the conduct of civilian affairs, and
WHEREAS, civilian airline passengers are particularly
vulnerable to uncivilized terrorist actions by any
group or renegade nation, and
WHEREAS, on August 31st a Korean civilian airliner with 269
passengers aboard was destroyed by the Soviet Union,
NOW, THEREFORE, BE IT RESOLVED that we express our outrage at this
uncivilized and Inhumane action by the government of
the Soviet Union, and
BE IT FURTHER RESOLVED, that we express our sympathy to the families
of the victims of this assault on humanity, and
BE IT FURTHER RESOLVED, that we the government of the City of Denton
express our support and the support of the people of
our city to our natlonal government, the President
and the Congress as they represent our individual and
national interest in this truglc situation.
PASSED AND APPROVED this the 4th day of October, 1983
A T TEST
CHARLO~TTE ALLEN, CITY SECRETARy
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
NeXt DoCument
RESOLUTION
WHEREAS, the Denton C~ty Council, on May 4, 1982, adopted
Ordinance No. 82-39 settlng forth un~form requirements for
dlrect and ~nd~rect contributors into the wastewater collection
and treatment system of the C~ty of Denton; and
WHEREAS, th~s Council ~s responsible for the implementation
and operation of the Denton Industrlal/Commer~cal Pretreatment
Program and assuring that th~s program has adequate funding to
effectively accomplish the program objectives; and
WHEREAS, th~s Council deslres to evidence the fact that the
Council endorses the Denton Industrlal/Commer~cal Pretreatment
Program; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECT.ION I.
That the Denton Industrial/Commercial Pretreatment Program
hereln and above referred to, ls hereby approved.
PASSED AND APPROVED th~s ~day of ~.K~/F~J, 1983.
ATTEST:
CITY OF DENTON, TE~S
APPRO~D AS TO LEGAL FO~:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNATING CERTAN CITY OFFFICIALS AS BEIN~ RESPONSIBLE FOR,
ACTING FOR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH
THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF
PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF
1965; CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE
ASSISTANCE UNDER SUCH PROGRAM.
WHEREAS, the United States Congress has passed the Lana and
Water Conservatluon Fund Act of 1965 (Public Law 88-578),
authorizing the Secretary of the Interaor to provade fananc~al
assistance to states, and political subdivisions thereof, for
outdoor recreation purposes; and
WHEREAS, the Texas Legislature has adopted Article 6081r,
V.A.C.S., for the purpose of allowang the State of Texas, and
lts pollt~cal subdivisions, to participate an the Federal
program established under sa~d Public Law 88-578, or such other
programs as are hereanafter establashed by the Federal
Government; and
WHEREAS, the City of Denton ~s fully ellgzble to receive
assistance under th~s Program; and
WHEREAS, the City Councal of the Czty of Denton as desarous
of authorazang its adman~strat~ve staff to represent and act for
the c~ty ~n dealing w~th Texas Parks and W~ldlafe Department
concerning this Program;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
Section 1: That the C~ty Council of the Caty of Denton
hereby certifies that the Caty of Denton ~s el~gable to receave
assistance under Public 88-578; as augmented by Artacle 6081r,
V.A.C.S.
Section 2: That the City Council hereby authorazes and
darects ~ts Caty Manager to represent and act for the Caty of
Denton an dealang wzth the Texas Parks and Waldl~fe Department
for the purpose of this Program. The Caty Manager is hereby
off~caally designated as the Caty's representative an thas
regard.
PAGE ONE
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The C~ty Councll of the C~ty of Denton, Texas, hereby casts
all of ~ts 552 votes for Raymond P~tts as a member of the Board
of D~rectors of the County Wide Appraisal D~str~ct for the
County of Denton, Texas.
SECTION II.
Th~s Resolution shall become effective from and after ~ts
date of passage.
PASSED AND APPROVED th~s the 1st day of November, 1983.
ATTEST:
CHKRLOTTE ~L~EN~ CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J.VTAYLOR,/~R., ~TO~EY
CITY ~F DENTOn, TEXAS'
Section 3: The City Council hereby designated its Director
of Finance as the official authorized to serve as t~e City's
fiscal officer to receive Federal funds for purposes of this
Program.
Section 4: The City Council hereby specifically authorizes
the City off~cials herein designated to make application to the
Texas Parks and Wildlife Department concerning the tract of land
known as McKenna Park in the City of Denton.
INTRODUCED, READ AND PASSED by the affirmation vote of the
City Council of the City of Denton, on this /5 nay
, of
ATTESTs
CHARLOTTE ALLE~, CITY SECRETARY
DENTON, TEXAS
APPROVED AS TO FORM:
PAGE TWO
RESOLUTION
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
RELATING TO THE DENTON COUNTY HOUSING FINANCE CORPORATION,
APPROVING THE EXERCISE OF THE POWERS OF THAT CORPORATION WITHIN
THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Denton County Housing Finance Corporation, a
non-profit corporation created under and pursuant to the "Texas
Housing Finance Corporations Act," has been organized with the
approval and consent of Denton County, Texas, to provide a means
of financing the costs of residential ownership and development
that will provide decent, safe and sanitary housing for the
residents of Denton, County, Texas, at affordable prices; and
WHEREAS, the said Corporation plans to provide financial
assistance with respect to the purchase, improvement and
construction of homes located within the City of Denton, Texas,
if approval thereof required by the aforesaid Act is given by
the City Council; and
WHEREAS, the City Council hereby finds and determines that
it would be in the best interest of the City and its inhabitants
for said Corporation to provide flnancl,~l assistance with
respect to homes located within the corporate limits of the
City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS.
SECTION I.
That approval is hereby given and granted to the Denton
County Housing Finance Corporation to provide financial
assistance with respect to purchasing, improving, and
constructing homes located within the corporation limits of the
City of Denton, Texas.
SECTION II.
Nothing herein shall be construed to be a waiver of any
building code requirements or standards prescribed for homes
located wlthln the City in connection with the approval herein
granted to said Corporation.
SECTION III.
This resolution shall be effective from and after its
passage, and it is so resolved.
PASSED AND APPROVED this the 15th day of ~ovember, 1983.
ATTEST:
CHARLOTTE'ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
N ext DolCument
CERTIFICATE OF CITY SECRETARY
I, the undersigned, C~ty Secretary of the City of Denton, Texas,
DO HEREBY CERTIFY as follows
1. That on the 6th day of December, 1983, the Clty Council
of the City of Denton, Texas, convened in regular session at its
regular meeting place in the City Hall of said Clty, the duly con-
st~tuted members of the Council being as follows.
Charles Hopkins Joe Rlddlesperger
Ray Stephens Jack Barton
Joe Alford Richard Stewart, Mayor
Mark Chew
and the following persons were present at said meeting, thus con-
stltut~ng a quorum, to wit.
Charles Hopkins Joe R~ddlesperger
Ray Stephens R~chard Stewart, Mayor
Mark Chew
Among other business considered at said meeting, the attached resolu-
tion entitled:
"RESOLUTION OF THE CITY COUNCIL DESIGNATING
AN ELIGIBLE BLIGHTED AREA, MAKING THE FINDINGS REQUIRED
BY THE RULES OF THE TEXAS ECONOMIC DEVELOPMENT COMMISSION,
AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT"
was introduced and submitted to the City Council for passage and
adoptlon. After presentation and due consideration of the resolution,
a motion was made by Charles Hopkins that the resolutlon be finally
passed and adopted The motion was seconded by Ray Stephens and
carried by the following vote
5 "For" 0 "Against" 0 "Abstained"
all as shown in the official Minutes of the City Council for the meeting
held on the aforesaid date.
2. That the attached resolution is a true and correct copy
of the original on file in the official records of the City, the duly
qualified and acting members of the City Council of said City on the
date of the aforesaid meeting are those persons shown above and,
according to the records of my off~ce, each member of the City Council
was given actual notice of the tlme, place, and purpose of the meeting
and had actual notice that the matter would be considered, and at said
meeting, and deliberation of the aforesaid public business, was open
to the public and wrltten notice of said meeting, ~nclud~ng the sub3ect
of the entitled resolution, was posted and given ~n advance thereof in
compliance with the provlslons of Article 6252-17, V A T.S.
IN WITNESS WHEREOF, I have hereunto signed my name offlc~ally and
affixed' the seal of sa~d C~ty, th~s the 7th day of December, 1983.
C~ty Secretary,
City of Denton, Texas
(City Seal)
Resolutlon of the City Council Designating An Eligi-
ble Blighted Area; Making the Findings Required by
Th~ Rules of the Texas Economic Development Commis-
sion; and Containing Other Matters Relating to the
Sub3ect
WHEREAS, by resolution of the City Council (the "Governing
Body"), the City of Denton (the "Unit"), authorized and
approved the creation of the City of Denton Industrial Develop-
ment Authority (the "Corporation") as a nonprofit industrial
development corporation under the provisions of the Development
Corporation Act of 1979, Artlcle 5190.6, Vernon's Annotated
Texas C~vil Statutes, as amended (the "Act"); and
WHEREAS, the Corporation is authorized by the Act to issue
bonds on behalf of the Unit for the purpose of paying all or a
part of the costs of a "project" as defined in the Act, and to
lease or sell the project or to loan the proceeds of the bonds
to f~nance all or part of the costs of a pro3ect; and
WHEREAS, the def~nitlon of "pro~ect" in the Act includes
the land, buildings, equipment, facilities and ~mprovements
(one or more) found by the Board of Directors of the Corpora-
tlon to be required or suitable for the promotion of commercial
development and expansion and ~n furtherance of the public pur-
poses of the Act, or for use by commercial enterprises, all as
defined in the rules of the Texas Economic Development Commas-
sion (the "Commission"), irrespective of whether in existence
or requlred to be acquired or constructed thereafter, if such
pro]ect is located in blighted or economically depressed areas;
and
WSEREAS, as used in the Act, the term "blighted or econom-
Ically depressed areas" means those areas and areas immediately
adjacent thereto within a city which by reason of the presence
of a substantial number of substandard, slum, deteriorated, or
deterloratlng structures, or which suffer from a high relative
rate of unemployment, or which have been designated and ~nclud-
ed in a tax incremental district created under Chapter 695,
Acts of the 66th Legislature, Regular Session, 1979 (Article
1066d, Vernon's Texas Civil Statutes), or any combination of
the foregoing, the city finds and determines, after a hearing,
substantially impair or arrest the sound growth of the city, or
constitute an economic or social liability and are a menace to
the public health, safety or welfare in their present condition
and use; and
WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of
the Commission for industrial pro3ects set out special rules
for approval of commercaal proDects an blaghted or economacally
depressed areas; and
WHEREAS, the Governang Body of the Unit desires to autho-
raze the fanancang of certaan projects for commercial uses as
provaded ~n the Act and the Rules by establashlng one or more
elagable blighted areas; and
WHEREAS, the Act requires that notice of a hearing at
whach the city consaders establishment of an economically
depressed or blaghted area shall be posted at the caty hall
praor to such hearang, and
WHEREAS, notice of a public hearang was provaded to the
Texas Economic Development Commlssaon (the "Commlssaon") by
letter dated November 18, 1983 and notace of such public hear-
lng was published once a week for two consecutive weeks ~n a
newspaper of general carculation an the Caty and notace of the
publac hearang was posted at the C~ty Hall on November 21,
1983; and
WHEREAS, the notace provaded to the Commission and as
publashed and posted ancluded both a descraptaon of the area
proposed by the C~ty to be desagnated as an ellgable blaghted
area and the date, tame and locataon of the publac hearing con-
cernang such desagnation; and
WHEREAS, a publac hearang was held at the Munaclpal Bu~ld-
ang on December 6, 1983 pursuant to the Act and Chapter 107 of
the Rules of the Commassaon for the purposes of establashang an
elaglble blighted area; and
WHEREAS, the Governing Body of the Unat has concluded to
request the Commassaon to approve projects for commercial uses
and therefore desires to adopt this resolutaon In complaance
with the requarements of the Act and the Rules,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, THAT;
Sgct~on 1. The Governing Body hereby fands, determanes
and declares that the area outlaned in red on the map attached
as Exh½b~t A to thas Resolutaon shall be declared to be an ela-
g~ble blaghted area ("EBA") because such area, by reason of the
presence of a substantaal number of substandard, slum, deterao-
rated, or deteraorat~ng structures and whach suffers from a
hagh relatave rate of unemployment or a comblnataon of the
foregoing, substantaally impairs or arrests the sound growth of
2
the Clt~, constitutes an economic or social liability and is a
menace to the public health, safety or welfare 1n its present
condition and use.
Section 2. The overall ob3ect~ves of the City for rede-
velopment and recovery of the EBA are as follows:
A. To promote the present and prospective health, safe-
ty, rights to gainful employment and general welfare of the
people of the Unit and the State
B. To promote the continued existence, development and
expansion of commerce and ~ndustry essential to the economlc
growth of the Unit and the full employment, welfare and pros-
perlty of its citizens
C. To encourage the economic growth and stability of the
City by increasing and stabilizing employment opportunities,
slgnlflcantly lncreas~ng and stabillz~ng the property tax base
and promoting commerce within the C~ty and the State of Texas
(the "State").
D. To encourage employment of the ~nhabltants of the EBA
by encouraging employers to locate pro3ects which will employ
such persona ~n or adjacent to the EBA.
Section 3. The Governing Body hereby finds, determines,
declares and represents to the Commission that the availability
of financing of projects to be located within or ad]acent to
the EBA for commerclal uses under the Act w~ll contribute sig-
nificantly to the alleviation of the blighted conditions found
to exist in the EBA.
Section 4. The Governing Body of the Unit, in order to
enhance its development efforts, desires and authorizes all
commercial projects that are an integral part of the local
economy. The commercial pro3ect must contribute to the econom-
IC growth or stability of the Unit by (a) increasing or
stabll~zlng employment opportunities; (b) increasing or
stabilizing the property tax base; or {c) promoting commerce
w~thln the Unit and the State. The Unit desires to exclude
pro3ects for prohibited actlvitles described in Section 103 of
the Internal Revenue Code of 1954, as amended.
S9ctio9 5. Based upon the Unit's best estimates as of the
date of this Resolution, there are no proposed public improve-
ments to be made in the EBA.
Section 6. The Governing Body of the Unit will not ap-
prove any pro3ects for commercial uses in or ad3acent to the
EBA unless the applicant desiring approval of such pro3ect dem-
onstrates to the satisfaction of the Governing Body that:
A. The project conforms with the limitations provided In
Section 4 of this Resolution;
B. The pro~ect will significantly contribute to the ful-
fillment of the overall redevelopment ob3ectlves of the Unit
for the. EBA;
C. The pro3ect conforms to the pro~ect approval stan-
dards of the Rules and this Resolution by increasing or
stabilizing employment opportunities, significantly increasing
or stabilizing the property tax base and promoting commerce
within the Unit and the State; and
D. The pro3ect is ~n furtherance of the public proposes
of the Act.
Section 7. The Governing Body of the Unit hereby cove-
nants and represents that it will review all project descrip-
tions for approval of specific projects for commercial uses in
order to determine whether such pro~ects are consistent with
the Unit's ob3ectives for redevelopment of the EBA.
Section 8. The City Secretary of the Unit ~s hereby
directed to provide a certified copy of th~s Resolution,
including all exhibits, to the Executive Director of the Com-
mission as required by the Rules. Unless the Unit shall be
notified by the Commission to the contrary in writing within 30
days from the date of receipt of such certified copy of this
Resolution, the EBA shall be deemed accepted by the Commission,
and the Unit and the Corporation may thereafter approve pro3-
ects fo= commercial uses in and ad3acent to the EBA In compli-
ance wl~h the Act, the Rules and th~s Resolution.
Section 9. This Resolution is adopted for the purposes of
satlsfy~ng the conditions and requirements of the Act and the
Rules, and for the benefit of the Corporation, the Unit, the
Commission, the residents of the Unit and all other interested
persons.
Section 10. The Governing Body has considered evidence of
the posting of notice of this meeting and officially finds, de-
termines, recites and declares that a sufficient written notice
of the date, hour and place of th~s meeting and of the sub3ect
of this Resolution was posted on the bulletin board at a place
convenaent to the public an the Caty Hall of the Unit for at
least 72 hours preceding the scheduled time of such meeting;
such p~ace of posting was readily accessable to the general
public at all tames from such tame of posting until the sched-
uled tlme of such meeting; and such meetang was opened to the
publac as required by law at all times during which this Reso-
lution and the sub3ect matter thereof were discussed, consid-
ered and formally acted upon all as requared by the Open Meet-
lngs Law, Artacle 6252-17, Vernon's Annotated Texas Civil Stat-
utes, as amended.
PASSED AND APPROVED thas 6th day of December, 1983.
5
EXHIBIT A
The proposed EBA in the City of Denton, Texas is described
as follows:
bounded on the west side by Kendolph Street
bounded on the south side by Wllsh~re Street
bounded on the east side by Avenue C
bounded on the north side by Eagle Drlve
The following is a map showing the location of the proposed
EBA.
EAGLE DR.
· 132
WILSHIRE
4 I
~~ 2' ~ *
UNDERWOOD
I I 8
~ 9
t8