Loading...
HomeMy WebLinkAbout06-1974 97 u NE s o 0 0 0 5 H ° a T nvT n ° n Q n n " .'1 r H j 7 ..T• n ~ M h L\ cr CA cc CL a rD I ~ G m 7U tr11~ ~ t I i" ~ n a' ~ 7 n j' i (7 m r1 o btl c 1 ° n w.7 ' 'p 7 c 7 a a c o- i rWt ppw' ~o T n h m Q- ~c3 n `C 7 rrr 0 r? < h O in C 7C :3 C n 3 m "I So I7m< a £ V lobo .3~ o~ 0 y O D C4, > 0 En CL eD 0. ° r~n rrt J'? y a O 0 LTA "7 v rt n' O 7 O Q m e N d 0 o M p ^7 Aw m w On r I'71 h r In 5 u 1 l7 ~ .T 1 d S oil r y k' o w to x z W S O H Sf rn ; 1 N x i cn _ H I'D 1 1..! n c ° ° Y ° 7~o! Q o Z 1 r N'l n C d 7, = 0 y ° y y ^ o A ° z~ t r f LIED RECORDS YM 101 PACE 169 THE STATE OF TEXAS, COUNTY of DENTON KNOW ALL MEN BY THESE PRESENTS: 5321 THAT DAVID M. NICHOLS, PAUL M. HAYIMD, JR. & JAMES G. SPRADLIN of Denton County, Texas , In consideration of the sum of One Dollar ($1.00)----------------------- and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey onto to the City of Denton the free and uninterrupted use, liberty and privilege of the nassage in, along, upon and across the following described property, j JII i owned by US Situated in DENTON County, Texas, in the ! A . N . B . TOMPKINS Survey, Abstract No. 1246 € All that certain tract or parcel of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, AND BEING the North 10.0 feet of Lot 70 Block D South Park Subdivision Volume 7, Page 33 Plat records said County, conveyed by V. R. Clearman to David M. Nichols,i ji Paul M. Hayw.)od, Jr. & James G. Spradlin, November 10,1971, recorded i in Volume 634, Page 292 of the Deed Records of Denton County, Texas {it and being more particularly described as follows. j Beginning at the Northwest corner of said Lot 7, Block D, South H Park Subdivision and the East R.O.W. of Jacqueline Street; I Thence N. 89054+ E. with North line of Said Lot 7 a distance of 130.0 feet, same being the North East Corner of said Lot 7; Thence S. 00571 W. a distance of 10.0 feet; f Thence S. 890 54' W. a distance of 130.0 feet to a point 10.01 South of North West Corner of said Lot 7; Thence N. Oc 57' E a distance of 10.0 feet to the place of be- ginning, and containing 1,300 square feet of land. ill ,Il And it is further agreed that the sake City of Denton, Texas, , in consideration of the lie_riefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be fuund upon said property. - For the purj"' e0 constructing, installing, repairing, and perpetually maintaining public utilities in, along, neon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities and I any part thereof. Ili TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above descAbed. Witoesa OUR hands , this the 20rB y of u D. 1973 . 0 Caw a'AOL-l SINGLE ACKNOI~"LEDG3iENT ` im 7'01 wi 1`70 THE STATE OF TEXAS, BEFORE 31E, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared known to me to he the person whose name subscribed to the foregoing instrument, and acknoalcdgcrl to me that he excv,"ed the same for the purposes and consideration therein exprtssed. CIVEN UNDER MY HAND AND SEAL OF OFFICE, This do of A.P. 19 Notary Public, Count,, Texas My Commission Expires June 1, 19 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME, the ^_ndersigned authority, in and for said County, Texas, on this day personally appeared. James C_. p_radl_ln_,_...-_- _ David M. Nichols.---- an.l_--Paul M -Flay_wood, jr_. h?9vA(es$etb known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they"each executed the same for the purposes and consideration therein expressed, and the said in d iv" ~ !,F!4a2 t leS _ .~_._y_~__-_-- ~~}A},,RtE~o(4he-said _...having been examine2i'tiy~i,tc• apart from 6 f 9w_zYar>fA9 having the same fully explained to Q~Aetttthe id •#n (}1,V1 11 ties acknowledged such instrument to be aw aczt and deed ands~rleclar hat ' a willingly signed the same for the purposes and consideration therein expressed, and that tl~lid sot, sfh ytra - iVE. 6A p R bf tAND AND SEAL OF OFFICE, This )_.y _ da of Jul i, A.D. 19 73 ' . ' Notary Public. DEI3T0. - - --.County, Texas ry.r%',~~~r„„tt:•" My Commission Expires June 1, 19_74 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE. OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared....-. . , wife of known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expo-sled, and that she did not wish to retract it. GIVEN UNDER DIY HAND AND SEAL OF OFFICE,This....... d-.v of , A.D. 19 (L.S.) Notary Public . County. Texas My Commission Expires June 1, I9_... CLERK'S CERTIFICATE i THE STATE OF TEXAS, County COUNTY OF...... i e s3+ Clerk of the County Court of said County, do hereby certify that the foregoing instrtat~~tTxs dated on the .....-day of A. D. 19...... . , with its Certifiprc4o~ion, was filed for record in my office on the ....................day of.._.............. , A. D my recorded this day of..---- ~ ~bya. jAL"" . o c tae .Records of said oun} to......... 40- ~ on pas _ WITNESS MY HAND AND SEAL OF THE COUNTY COURT of a,'ij~F`tttLttt~~~~~~~ M Q the day and year last sboN 11. __........d.... - County Clerk...----- r t County, Texas. , (L A^ By. _ . .k- _ , Deputy. r.~ V C~IIo1 G'• r w c `o d U A Y iy G a 4 s \i iG o V) o r aR Nd _ b o a rW w a tan, " FILE So~~cf,Frr ti-r w a~ ;Xi 14 0 .4 y. i 11II Z. Hi w C. j u x 28 till E Y g . ~ vi o ~ I Q a 2~ E-~ i MAlyi HILL CO. CLF,~K i ~ m 0 0 n r c~ n a M ^ n If r - T p T x w f ? i '^I n p ~ \ f a r - - ca ~ a S LL _ o C4 i J ~ 3» ~ H ~ I r H x I z > s 1 S _ SD fl 3 R t~1 ~ yy K f 9 u Q r' C C S n L r~ 1Q~ ] p K ~ o - ~ (A P r ? ^ P ^ ~ C p c' s s3+ ~ ~ ~ n E 1 1 i 7' r Z n C a w ~ ~ a f/f ~ ~ r. T ~ O ~ C Z N p T N ~ Z L 7, ~ L. A O G 7 n c ~n ~Z S i c ~ i r ~t-- ~ ~ f " r t _ r /L iI (1 No. 7 I ~f AN ORDIAANCE AMENDING CHAPTER 26, ARTICLE IV, SECTION 26-55 OF THE CODE OF ORDINANCES OF THE CITY OF DE14TON WHICH SETS FORTH AND IN- CORPORATES A TAXICAB MAP SYSTEM FOR THE CITY OF DENTON, TEXAS; AMENDING RATES TO BE CHARGED PURSUANT TO SAID MAP SYSTEM; DELINE- ATING OTHER CHARGES AND FEES FOR APPROPRIATE SERVICES; AND DECLAR- ING Ail EFFECTIVE DATE. WHEREAS, the City Council, recognizing the need to re-evaluate the taxicab rates within the City of Denton, Texas, in r,rder to con- tinue to provide the citizens of Denton the best taxi service possi- ble; and WHEREAS, in an effort to re-evaluate said rate and/or service it is desirable to c',inge the existing taxicab zone system within the City of Denton, _ •<as; and WHEREAS, the rate increases, additional charges and changes recommended by the company seem to be reasonable, and necessary in order to provide a reasonable rate of return to the company; and WHEREAS, the City Council has determined that the increases contained herein are the minimum required to assure continued, ade- quate and safe service of the company and to provide for necessary expansion to meet future requirements; and WHEREAS, the increase will achieve the minimum rate of r-turn or profit margin needed to attract cad. al at reasonable cost, so as not to impair the credit of the public utility; and WHEREAS, the increase in the opinion of the City Council is cost based and does not, reflect future inflation expectations all of which determinations have been made in consideration of rules and regulations enumerated by the Wage and Price Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Article IV of Chapter 26, Section 26-55 of Lhe Code of Ordinances of the City of Denton be deleted in its entirety and that the following section be substituted therefor: "It shall be unlawful for any person to charge more for transporting passengers for hire within the city than hereinafter provided; (a) Fares shall be determined based upon a map system, by distance traveled. The distance traveled from the pickup point to the point of destination shall be determined by drawing a straight line on a City of Denton, Texas map, copyright 1972 by Denton County Mapping Company, as published by the Denton ~ II Chamber of Commerce, Denton, Texas. The scale of said map shall be one inch equals approximately 1900 linear feet. A map of such scale shall be on file with the City Secretary and shall be incorpo- rated and made a part of this Section for all pur- poses. (b) Passengers will be charged as determined by the taxicab radio dispatcher, a minimum fare of eighty- five (35C) cents plus fifteen (15C) cents for each three-quarters inch from the point of pickup to destination, determined by drawing a straight line on the standard map with a ruler. (c) There shall be a charge of fifty (50fi) cents for each additional passenger or passengers where the additional pssse.;ger or passengers are picked up and dropped at the. same point. Straight per person fares shall be charged to or from the bus station to the university campus. (d) There shall be no charge for children under six (6) years of age if accompanied by a full fare passenger. There shall, however, be a minimum charge of one full fare on each trip. (e) Anyone that desires exclusive use of cab will be charged the straight per person fare plus fifty (50i~) cents. There shall be a minimum charge of twenty-five (25G) cents plus the regular cab fare for deliveries. Two items per passenger are transported free of charge, but there will be a charge of ten (10) cents for each additional item (i.e. packages, suitcases, grocery sacks, etc.). Trunks are transported for a charge of three ($3.00) dollars. Foot lockers are transporL-ed for a charge of one dollar fifty cents ($1.50). (f) An "in route stop" shall be defined as "not departing more than two (2 blocks or equivalent from the most direct route between pickup point and final destination. Waiting time shall be charged at the rate of fifteen (15(~) cents for the first three minutes and ten (10¢) cents for each additional minute. On a round trip, or if two fares are charged, there shall be no in route stop charge. But waiting time will be charged for all time over the first three minutes." SECTION II. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordin- ance are hereby repealed to the extent of any such conflict. However, the Council in amending these rates, makes such amendment subject to future revocation and/or adjustment, as deemed necessary by said Council upon future study and evaluation of a taxicab service pro- vided in said City. 01 SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any per- son or circumstances is held invalid by any court of competent jur- isdiction, such holding shall not affect the validity of the remain- ing portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective the L day of 1974. PASSED AND APPROVED this the 16th day of April, A. D. 1974. MA O R CITY OF DENTON, TEXAS AM, S / WKS THOLTO CI CRETAR CITY OF DENTON, TEXAS APPROVED A FORM: RALPH I , CITY OF DENTON, TEXAS .r i~ 4~' 0 7 x f ~ ~ ~ ~ ~ s~ ~ c ~ J ~'9 ~ r W ;7 1-1 W THE STATE OF TEXAS, , VOL 711. ru 07 f ' " ' KNOW AL[, 1111[;N BY TI[ESI,' l'ltI:SF,NIS: COUNT]' OF DENTON } That the CITY OF DENTON, TEXAS DEED RECORDS ;I of the County of Denton And State of Texas , for and in consideration of 1 the sum of it '-----------TEN AND NO/100 ($10.00) DOLLARS, ' and other good and valuable consideration to it ill tiandpaidb; DOCTORS' BUILDING C011PANY, a partnership consisting of J. H. Jones and H. M. Burgess of the County of Denton and State of Texas , the receipt of which Ij is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER f QUIT CLAIM unto the said DOC1Ok3' BUILDING COMPANY, a partnership, its successors )Xq(o and assigns, all i is right title and interest in and to that certain tract or par- eel of land lying in the County of Denton and State of Texas, described as follows, to-wit: ~i All that certain tract or parcel of land situated in the E. Puchalski III %I Survey, Abstract 996, in the City and County of Denton, Texas, being part of an abandoned alley located between Bryan Street and Normal Avenue in said City, being also part of an alley officially abandoned by said City on March 13, 1962, recorded in Volume 479, Page 11, Deed Records of said County, and being more particularly described as. follows: BEGINNING at the Northeast corner of said Schoolfield Lot on the South line of Scripture Street at a point 156 feet East of the Northwest rP corner of said lot; THEWCE East with the North line of Scripture Street 10.0 feet to an "X" in concrete; THENCE South with the middle of said abandoned alley 165.33 feet to a corner; THENCE West 10.0 feet to the East line of said Schoolfield lot; THENCE North with said lot line 165.33 feet to the place of beginning. Hi TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- Ieges and appurtenances thereto in any manner belonging unto the said DOCTORS' BUILDING COMPANY, a partnership, its successors 1 iiWand assigns, forever, so that neither the said CITY OF DENTON, TEXAS nor its heirs, nor any person or persons claiming under i t shall, at any time hereafter, have s.]3Im or demand any right or title to the aforesaid premises or appurtenances, or any part there- , k' 1TN S~ its hand at Denton, Texas this 1 day of June A. D. 19 14. q ~f;7Gk~tXrif)t]vi6k'tIEX AT EST: CITY OF. DENTON, TEXAS ff!(d~jlOE~ I'm "40 M !~r , S-f1t7fT ~_1 WILLIAM N; NEU ~1AYOR11 : KS , `EITY SECRETARY ~ ' ; i SINGLE ACRNOWLEDOIENT ~ VOL IArT THE STATE' OF XAS, i ~ f BEFORE 51E, the undersipnri authority, COUNTY UP DENTP in :ndfors:iidC.ncnty,Tuna.r,nlhisday rwr.nnallynppeared WILLIAM N. NEU, Mayor of the City of Denton, Texas known to n:e tj tic the person whose, name IS suhscrib. d to the foregoing in+lnrmrnt, and ackn11a•Irylr;nIL1 rltr t he S t 3 Ice the same far fhc purlxac:: and considrrntinn ow, rin erpressr,). a n d i n t h e ~a C.i f v o; ~9J in L a , GIVEN UNDER NI)' HAND AND SEAL OF OFFICE, This t 2 I_1. day of . June . C1 1 . Notnty Public, Denton n f County, Texas ie ASy Commission , p' }'x`ms June 1. 19 7 5 i SINGLE ACKNONVLEDOIENT 0 r " THE STATE OF TEXAS COUNTY OF. f BEFORE ME, the un F,00. ,~th}city,++ in and for said County, Texas, on this day personally appeared . known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes ;md consideration therein expressed. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day of . , A.D. 19.......... (L.S.) Notmy Public, County, Texas AIy Commission Expires June 1, 19. CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF-- - - - in and for said County, Texas, on this day personally appearcd....._ _known to me to be the person and officer whose name is s_ubscribed-. _ to the foregoing _instrument and acknowledged to me that the same was the act of the said - - - _ _ a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This of..... A.D. 19.-_._ (-S.) Notary Public, Texas Aiy Commission Expires June 1, 19._T CLERK'S CERTIFICATE THE STATE OF TEXAS, I, , county COUNTY OF.- ' e Clerk of the County of writing dated on the Ox y Court of said County, do hereby eekJfY that the foreo g pSr inCt~€y"~'+.S' ~ of . " re~,fiyY~{er,~f C~v~,~irntication, was filed for A. D. 19 with its o Y record in my office ca the....- day of A. D. 1:k1dV {fie rl fS=IC?cl n'TRoo nd duly recorded this of._.........._ o~De l~+.4 J ~~ccJ~ ~'srr DoocyD A. D. 19 q ~ 'olu, o~l,odf •er, fo Records of said Gouuty, in Volumc.ty *°;2j d ~No°yytia~f 0440 . 16 WITNESS b1X f[AND AND SEAL OF TFIE COUNTY COURT of said ty, at rtfy~l~7 nt.5f~'rp dire y47ed d°h're...... _ rc, G1,1 c. ~n by r dl , the day and gcsr !nst ar r.~ n. $ TB County Clerk County, Texas. (L S.) By COL~~ .C1~ ..IVO 5v Deputy. ' De,uon X l t I of r' a ci 1.!i M X: E4 LLJ; w h qi A tj A XG A - C): U U ! 1~~•f C7 i i C~ i ~ ~ i 7 E a ~ f-i f~ L t f w W W Ca W k fi j i 41 ~e O O ~E CC ! a CS -J :1 0 F V Yi i m W o 1 i i`: s O H r ,ti I o u i t v •1i V, E Wk i O: 9 C/ E Ir•I , ~ r j t OI i H r Wevu1c c,a1, e aq fi) mf0fal" e ~ r UFE & CASUALTY ® The /Etna Casualty and Surety Company The Standard Fire Insurance C impany Hartford, Connecticut To CITY OF DENTON Date June 26, 1974 Denton, Texas 76201 Attention: Mr. Brooks Holt, City Secretary Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present In force In the Company indicated above oy lL as follows: Name of Insured PROTEX SERVICE, INC. 1917 North Haskell, Dallas, Texas 75204 Covering Pest Control - State of Texas KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence Aggregate workmen's Compensation 18 C 54066 7-1-74 7-1-75 Manufacturers' & Contractors' Bodily Injury Liability ; ,000 $ ,000 Property Damage Liability $ 1000 $ ,000 Owners' or Contractors' Protective Bodily Injury Liability $ .000 $ .000 Property Damage Liability $ ,000 $ ,000 Comprehensive Automobile Bodily Injury Liability $ 250 ,000 $ 500 ,000 18 AL 179184 7-1-74 7-1-75 Property Damage Liability $ 100 ,000 Comprehensive General 'Bodily Injury Liability $ 500 ,000 $ ,000 18 AL. 179184 7-1-74 7-1-75 Property Damage liability $ 100 low $ 100 ,000 Bodily Injury Liability $ 1000 $ .000 $ ,000 Property Damage Liability $ ,000 $ .000 rna Nof«ncdl~tion. CORRIGAN-JORDAN INSURANCE AGENPY tM emn nofke wA W given to the party b 1rAer~ tfrie tertitkete ie eddreesed. ~ By uthor"ad Repfe e . (CG277•t) i r r CERTIFICATE OF INSURANCE • Pr ory ® insur orxe The Fxch~nge or Comport' designated on the reverse side as number2 PG ❑ ,o u-, s (i mrmx e1 Excess over Primary wi+h Company designated on revere side as letter When countersigned by on outhonted representohve of the Company. this certdicate supersedes ony previously issued certificates and cti i that the Following policy;ies) have been issued to the Insured for the coverage indicated. This cert,hcote is subject to all of the terms cordi- tions and bmo ions set forth in the :escnbed pohcy(ies) and endorsements thereto. It is furnished as a matter of informatw)n only and does not change, modify or extend the r_olicylies) In any way. N° ""d InWred DAVID POLSON DBA POLSON PEST CONTROL .re's Polity Ce,et rot' NumCer Address . 74 1104 CPESCENT 0442A R 17 568 Rainer DENTOON, TX 76201 Effective from: 6-5-74 To: at which time this certificate becomes void (N or until cancelled if this box d. COVERAGE COMBINED tIMITS O-F LIABILITY LLMIT(S OVETED (O tEC AUTO LIABILITY INCLUDES) C Owned Bodily Injury $-,O00 each person BOTH PRWARV :1 AND EXCESS (d excess Hired and Non-Owned s 000 each occurrence applko5fe) ❑ ® Employer's Non-Ownership Property Damage $,000 each occurrence Contingent Liabili ty__ GENERAL LIABILITY Bodily Injury S ,0M)(Xt"n s♦ M&C - OLT $A Co DO ,000 each occurrence ® ❑ Owners Contractors s~O000 aggregate products ntractu al• Elevators Property Dar ages 000 each occurrence ® ❑ Products and/or s 000 aggregate products- Completed Operations owners & contractors protective ass _ -contractual ssr-and/orcompretedoperofionsss• s,000 each occurrence Single Limit Liability for Coverages checked (K above s ,000 aggregate products ❑ ® CARGO $ ,000 each vehicle 000 each occurrence WORKMEN'[ COMPENSATION Statutory elncludes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Or- dinance Agreement, Sidetrack Agreement. Elevator or Escalator Maintemnce Agreement only, unless li Componied by specific endorsement providing additional Contractual Coverage. / Described DfKr,ptlon 1 Delow +nirrd OWNED YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIMAT)ON NUMBER - AUTO- - MOBILES, ~s IF COVERED SHOWN Umbrella Liability $ ,000 retained limit Pxlcr NUMBER $each occurrence $ aggregate It is hereby agreed that upon cancellation or termination of this policy or policies from any cause the Company will nail 10 days notice In writing thereof to the other Interest shown below. **Not applicoble in Texas ***Applicable in Texas only Notice of concellation of the primary coveraogge outomoti- colly termirci excess coverage. A breatrdown of the 71►er primary limits one the excess limits will be provided up- Interest . CITY OF DENTON on demand. CITY HALL,. :DENTON, TX Countersigned Aullarited bpre senblire s1-0117 T44_1t)1 "lxnp 14 v 1.11 OIL ~Y - - r jay+o a sjou!III '060:)!Y) SJaiifn',JapuN ssa)x3 0/D puol6u3 ut sa!uodwo:) jo,'puo uopuol %pAoll D o!ujoplo.'salabuv Sol oD 8 JalloM oh puol6u3 ui saiuodwo:) jo/puo uopuol 'spAoll g oiwoplo:) -sala6uV Sol Auodwo:) a)uointul Ajnlua}p!W - V 3DN"nSNl SS3:)X3 o! uio}! loD 'Sala6u V Sol AuodwoD awoinsul Ain4ua)-p!W 'E :AuodwoD ay+ so'y Aq panssi uagm 'ADilod ayi ui of pa»ajai Auodwoo shoes o s! 6u!MOllo} aye 01u.1oplo:) 'sala6uy Sol o!ujopIDD 'sala6uv Sol a&topx3 awoinsul >:)njl •Z a6uo4:)x3 a)uoinsul sjaw,a3 -i :Auodwo:) so'wayi }o Auo Aq panssw u: y,m 'Ao!lod aye ui o4 paijaial saw!lawos sa6uoy)xa awounsu!-jetu! aid$ulmoll°! aye' 3`JNVNJX3 3DNv8nSNl S83WNVJ s' ' EI EBT K-28 4r, ng- 6= 177 THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: II COUNTY OF DBNTON PEW RECORDS 113-138 THAT David M. Nichols of Denton County, Texas , in consideration of the sum of i One Dollar ($1.00)----------------------- and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by f these presents grant. bargain, sell and convey unto to the City of Denton, Texas the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following I described property, owned by him . Situated in Denton County, Texas, in the Survey, Abstract No. i I All that certain lot, tract or parcel of land in old Henry Street out of IJ the Fry Addition to the City of Denton, Texas and being a sixteen (16) foot wide utility easement located in Old Henry Street near Lot 1, Block 6 of the Fry Addition to the City of Denton, Texas, being part of a 150 foot by 30 foot tract deeded by Quit Claim Deed from the City of Denton to Robert A. Nichols on June 23, 1971, the centerline description of said easement is described as follows: BEGINNING on the east line of Denison Street at a point 10 feet south of { the northwest corner of said tract; THENCE west 150 feet to a point 10 feet south of the southwest corner of said tract; said easement extending 8 feet on each side of the above described centerline. t And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetusliy maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employeca, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid fur the purpasea aforesaid the premises above described. Witness my hind ; this the day of ae ap?IX4 D . ID M. ICH S SINGLE ACKNOWLEDG31ENT va 712 pw 178 THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF DENTON in and for said County, Texas, on this day personally appeared _ _.AA-4iCl known to me toll-IV, pcre~n HtQse{j me iS subscribed to the fore oinfi instrument, and acknowledged to me twat he (')f cptclthe same or3ite rpcses and consideration therein expressed. N ~ ~1 \D'j N't SEAL OF OFFICE, This day of e _ A. D. 3974 Cl1'F:XL'~DE1.1'.11 Y ti Set • Denton J r t . Nutarf Publi County, Tcxaa i y 6` y My Commission Expires June 1, 19 75 JOINT ACKNOWLEDGMENT THE. STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared ami..._.-..-__.-.... _ Ns wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they- each executed the same for the purposes and consideration therein expressed, and the said . _ , wife of the said _ having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same f)r the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day of._.---_.___-_______., A.D. 19.. ( L.S.) - - - Notary Public, _-_.-.County, Texas My Commission Expires June 1, 19...___ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE 31E, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared _ wife of kn. own to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrumc nt to be her act and deed, and she dcrlProd that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This........ .............clay of.................. A.D. 19........... (L.S.) _ Notary Public, ......-............._..................-County, Texas My Commission Expires June 1, 19._.__... CLERK'S CERTIFIC_UE j7,4,,,~ THE STATE OF TEXAS, , I, ...._.__..Eye....r..a County e4k COUNTY OF....... gk rc QQyy,,~~ Clerk of the County Court of said County, do hereby certify that the fftw--'l t ,,t Z7fr~Oted on the . day of , A. D. 19..... , with IAcg°~.,{~,~A BRA nTsl~}9 for record in my office on the .day of-..-. . A. D. 19....... , ash .It~1~1K.s~ ~°llay4d duly recorded this. .............day of. . A. D. 19 ~ in the ~ of said ~n~ Volume..._~r -.*4 on _ _ _ ~ pew WITNESS MY RANT, AND SEAL OF THE COUNTY COURT o a* tyoMce In.-.... the day and year last tten _ O- nty, Texas. County Clerk . By _ Deputy. ° CC Q A Y , ~ VIA i H q I 'aG N a d 8 C a» w Era. z W w te « z o oz a oI' A ~ W i sM F+ i C o: G or OFFICIAL BID FORM (Water and Sewer System Rc-:onue Bonds) honorable Af3yor and city Cecrcil June 25, 1974 City of Denton Daotoa, Texas Gen tl ernen : Pefcrencr is rade to ycwr 'Official Nb L ce of Sale" and '::fficial Stataxnt% dated June 11, 1974, of $2,000,000 CITY OF DE PAY, TEXAS WATER AND S£'e FR SISTER REVENC'E BONES, S£P1£S 1974, 2,th of which constitute a part hereof. For your logally issu.:d bonds, being issue] for tho purl.;se of providing 51,850,0110 for irproving and extcn_iing the city's witcrworks system and $150,000 for extending the C',ty's Scwer System, all a; described in said Notice, we will pay you par and accrued interest from July 15, 1974, to date or delivery to us, plus a cash pre- miun of S -0- for tonds maturing and tearing ir.torest as follows: Interest Interest A.no ernt maturity Rate A.m~unt maturity Rate s 50,000 7-15-76 b : 5UT $100,000 7-15-68 51.80-% 50,000 7-15-77 filQ% 100,500 7-15-69 's t 75,000 7-15-78 Fi.S 0-i 700,000 7-15-90• % 75,000 7-15-79 6 Z;0i 100,000 7-15-91• ZLL% 75,000 7-15-80 i 100,000 7-15-92• i 75,000 7-15-81 t 100,000 7-15-93• RE 75,000 7-15-82 i 100,000 7-15-94• ~i 75,000 7-~5-83 t 100,000 7-IS-95• i 75,000 7-15-84 i 100,000 7-15-96• i 75,000 7-15-85 ~i 100,000 7-15-970 6.25 2 170,000 7-15-16 t 100,000 7-15-98• ra 9 5-i 100,000 7-15-67 . t • The City reserves the right to redeen bonds Maturing 7-15-90 through 7-15-98, inclusive, in whole of any part thereof, on 7-15-89, or any interest payment date thereafter, at par and accrued interest. Our calculation of the net interest cost and effective interest rate, which is infrrmative only and not a part of the above bid, is as follows: Gross Interest cost $ 1j714.200.00 Z.ess premiuu -0- NET INTEREST COST $ 1j714,200.00 EFFECTIVE INTEREST RATE 6,0895% Cashier's Check of the First State Bank, Dentona Texas , in the amount of $:0,000.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this bid), end is submitted in accordance with the term as set forth in the 'Official Notice of Sale' and "Official Statement'. Upon delivery of the bonds, said check shall be (deducted froa the purchase price) or (returned to us). We agree to accept delivery of and make payment for the bonds at City National Bank Bank, Austin, Texas, on July 30, 1974, o- thereafter when tendered for delivery, pursuant to the term set forth in the 'Official Notice of Sale'. Respectfully submitted, \ Texas Commerce Bahl NA Authorised Represanta ACCEPTANCE C RUSE The above and foregoing bid is hereby In all things accepted by the City of Denton, Texas, this the 25th day of June, 1974. a ATTESrt 2adw. Rayo,, City of Denton, Texas C y Secretary, City of Denton, Terns •rurr Return of Good Faith Deposit is hereby acknowledged: AV OFFICIAL BID FORM (General Obligation Refunding Bonds) Honorable Ydyor and City Council June 25, 2974 City of Denton Lemon, Iexas Gent1,-men: P.efer once is made to your 'Official Notice of Sale' and "Officr al Statement', dated June 11, 1974, of $995,000 CITY OF DENTCN, TEYAS GENERAL OBLIGATIAY REFUNDING BONDS, SERIES 1974, both of which constitute a part hereof. For your legally issued bonds, as described in said .notice, being issued to refund a like amount of outstanding certificates of Obligation, originally issue) to purchase land for flood control &rJ scorn drainage irvprovements, we will pay you par and accrued interest from July 15, 1974, to date of delivery to us, plus a cash premium of S - 0 - for bonds maturing and bearing interest as follows: Interest Interest Amount Maturity Rate Anount Nd turity ~^Ra~ter{ $65,000 7-15-76 7~~ $50,000 7-15-66 J-. J V t 55,000 7-15-77 i 50,000 7-15-87t 55,000 7-15-78 1 50,000 7-15-88 5 601 55,000 7-15-79 i 50,000 7-15-89 5 7 0 1 55,000 7-15-80 5-25 1 50,000 7-15-90• -5- 1 50,000 7-15-81 5-25 1 50,000 7-15-91• i 50,000 7-15-81 1 50,000 7-15-92•_ 50,000 7-15-83 2 50,000 -15-91• F. 0 01 50,000 7-15-84 5"10-2 50,000 7-15-94' 6 00 -t 50,000 7-15-65 ' The City reserves the right to redeem bonds maturing 7-13-90 through 7-15-94, inclusive, in whole or any part thereof, on 7-15-89, or any interest payment date thereafter, at par and accrued interest. Our calculation of the net interest cost and effective interest rate, which is informative only and not a fart of the above bid, is as follows: Gross Interest Cost s 606,750.00 Less Premium - 0 - NET INTEREST cost x 606,750.00 EFFECTIVE INTEREST RATE 5.7403 t Cashier's Check of the Republic National Bank, Dallas. Texas , in the amount of $19,700.00, which represents our Good Faith Deposit (is attached hereto) or (hits LKr+'en~lr'a!ssS2ablfrTt7'9~pi~T'YO ~HZlpP1R8~ef-!*Fr 6f d), and is subaltted In accordance with the terms as set forth In the 'Official Notice of Sale' and 'official Statement'. upon delivery of the bonds, said check shall be (deducted from the purchase price) or rretvrned-to ur)• we agree to accept delivery of and make payment for the bonds at City National Hank, Austin, Texas, mn July 30, 1974, or thereafter when tendered for delivery, pursuant to the terns set forth in the 'official Notice of sale". Respectfully submitted, Republic National Bank, Mgr. Fort Worth National Bank McClung b Knickerbocker, Inc. By c Kennet "V L14IpIEe tative ACCEPTANCE CIAVSE Vice President rho above and forepoing bid is hereby in all things accepted by the City of Denton, Terms, this the 25,h day of June, 1974. ATTESrr Mayor,% City of Denton, Terms Ci retary, CI y of Denton, roxes a•asaa Return of Good Faith Deposit 1s hereby acknowledgedr 8y ~ r a n O C y ° ? d <roH ~ `tea K G O O y' rp SL H Or W CL Cn A on ~ w S o 10 ''o S ~ YJ ~ 4. y, ~ 7 M SOS P~ w re O G m C ~ '7 IO kt ~ ~G iC n m 7 n .°w z f1 A < : O v rc w o "c n ~ ryryy r (1 V) 'D m 0 n Q. lo~ S Imp ' D (In m n =y f? m G +E -4 . A cr :3 (/j O O _ y ~ti rj~ O O m m0C O T C n a ~a D X ivr o :A. m n 7 r th 'o a < 0 i a In > r ~ -m-I ~r yo ° o f o o ~rM~y1 Z~' 1 S7 M 1 CL \ r : • \ i r r 7 Or G X17 ° ad d+ fn T n ° C N G + O 0 9 V p Z ^ G tr O :3 71, III<' tf 7 w :3 fb CD O rn G. w rL ..i 'Y r rm] N C N 7 O~ G O k ~ ~ v S. t ~ f t f_ r ~~r r 1 •i f TheRinit ~ Y Coij pa nies 1t8?0? KeC@lipt Requested F 0 Box 5028 - Dallas, Texas 75222 City Clerk City of Denton Denton, Texaa Bond No. 172199. "Is B. Skidmore in favor of City of Denton, Texas for Dear Sir: Plumber This is to notify you that we have elected to termi.nnt.c this bind as nf June 17, 1974. Thank you. oria A. Stevens Fidelity & Surcty Dept, blj cc:Tips Insurance Service P.0• BOX 685 r Leviaville, Texas 75067 I Trinity Universal InsuranceCo,• Security National Insurance Co.• Trinity Universal Insurance Co.of Kansas, Inc. k c ~ ~?b C I T Y 0 F 7 E N T O N T A X A D J U S 1 N E N T S FOR TIIF YONT11 OF JMTF, 1974 Personal Property Automobiles $ 1,293,86 Hugh Mixon Tax Assessor-Collector City of Denton, Texas Is C I T Y O F I) F 11 T O N T A X A D J U S T 11 E 11 T S 1'0It I'm: P.O ril OF JUNE$ 1974 Personal Property Automobiles ACG0IJKT RAt'!= Iaf.~hl;l: YFAP, VA1,17 TAX REASON Robert G. Andrews 9999-01420 1973, $ 940.00 $15.98 Military-temp, duty Robert D. Armstrong 9999-01610 1973 520.00 8.84. Unable to locate Walter Ashley 9999-01820 19?3 340.00 5.78 Outside city limits J. F. Baker 9999-02430 1973 310.00 5.27 J. F, Baker 9999-02435 1973 340;00 5.78. " Dennis Barber 9999.02870 1973 760.00 12.92 David S. Blakley 9999=05160 1973 160.00 2.72 Da d S. Blakley 9999-05165 1973 940.00 15.98 " Allen Bogan 9999-05500 1973 160.00 2.72 " Allen Bogan, Jr. 9999-05495 1973 740.00 12.58 It Richard E, Bonhard 9999-05610 1973 760.00 12.92 Did not own Jan. 1, 1973 R, W, Bridges 9999-06605 1973 650.00 11.05 Outside city limits R, W. Bridges 9999-06610 1973 180.00 3.06 " Leroy Calhoun 9999-08585 1973 19030.00 17,51 Did not own on Jan. 1, 19: B. D. Calvert 9999-08685 1973 960.00 16.32 Outside city limits E. D. Calvert 9999-08695 1973 310.00 5.27• 11 E. D. Calvert 9999-08700 1973 390.00 6.63' W. T. Calvert 9999-08730 1973 310.00 5.27• W, T, Calvert 9999-08735 1973 360.00 6.12• " Aaron D. Carlile 9999-09025 1973 600.00 10.20 Did not own Jan. 1, 1973 C, M. Clark 9999-10515 1973 340.00 5.78 Outside city limits C, M, Clark 9999-10510 1973 550.00 9.35 Betty Glasscock 9999-20535 1973 160.00 2.72 " ~/~~)o i~ Personal-automobiles Page 2 A000Ir1'1• NAME NU:;1X A11 VALUE TAX tFASON E. H. Grisc, Jr. 9999-21970 1973 650.00 $ 11.05 Outside city limits E. H. Orise, Jr. 9999-21975 1973 750.00 13.26. " H. L. 11^ndley 9999-23030 1973 340.00 5.78 " H. L. 11andley 9999-23035 1973 160.00 2.72 " H. L. Handley 9999-23040 1973 540.00 9.18, " Fred Hudnik 9999-26690 1973 100.00 1.70 " Nancy,A. Johnson 9999-28710 1973 400.00 6.80 Did not own Jan. 1, 1973 Mary Nadine Jones 9999-29295 1973 800.00 13.60 Outside city limits Carol Ann Lafferty 9999-31310 1973 390.00 6.63 " Jane 11. Morrison 9999-39120 1973 540.00 9..18 Did not own Jan. 1, 1973 Alfonsia Nicosia 9999-40550 1973 1,030.00 17.51 Outside city limits A. Nicosia 9999-40555 1973 160,00 2.72 If A. Nicosia 9999-40560 1973 300.00 5.10 " John Nix, Jr. 9999-40585 1973 540.00 9.18. " John Nix, Jr. 9994-40590 1973 340.00 5.78 " George D. Owens 9999-41445 1973 10120.00 19.04• Did not own Jan. 1, 1973 Billy D. Pitt 9999-43325 1973 540.00 9.18. Outside city limits J. Newton Rayzor Ranches 9999=40365 1973 680,00 11.56. " (farm) J. Newton Rayzor Ranches 9999-40370 1973 390.00 6.63. J. Newton Rayzor Ranches 9999-40375- 1973 450.00 7.65 Jerry Riddle 9999-45830 1973 310.00 5.27. " Jerry W. Riddle 9999-45835 1973 520.00 8.84• Co Rudy Roach 9999-46250 1973 310.00 5.27• " Raymond C. :,~adefur, Jr, 9999-47885 1973 76040 12.92 " Robert E. Smith 9999-51000• 1973 160.00 2.72 If Paul 0. & Odessa Stach 9999-51940 1973 660.00 11.22 It Paul 0. & Odessa Stach 9999-51935 1973 540.00 9118 if Gloria Struble 9999-53170 1973 520.00 8.84 " Perst.nal-automobiles Page 3 ACCOTMT NAFSF llif;lj YF'AR VATY" TAX F'ASf1N F. F. Taylor 9999-53955 1973 $ 310.00 $ 5.27 Outside city limits Otis L. Taylor 9999-54095 1973 520.00 8.84 it Ricky W. Taylor 9999-54125 1973 340.00 5.78 Dalton T. Wright 9999-60390 1973 520.00 8.64 " E. D. Calvert 9999-07240 1972 390.00 6.63 E. D. Calvert 9999-07245 1972 460.00 7.82 " E. D. Calvert 9999-07250 1972 1,350.00 22.95 " E. D. Calvert 9999-07000 1971 650.00 11.05. " E. D. Calvert 9999-07005 1971 460.00 7.82 " E. D. Calvert 9999-07010 1971 540.00 9.18 E. D, Calvert 9999-07015 1971 800.00 13.60 " ------------------The following additions are not in order--------------- Edgar Horace Linden 9999-32680 1973 160.00 2.72 " William Linden 9999-32690 1973 340.00 5.78 " Kathryn M, Kerksieck 9999-30045 1973 940.00 15.98 J. L. 11adcwell 9999-34115. 1973 780.00 13.26 Did not own Jan. 1, 1973 Oliver L. Kendall 9999-29955• 1973 160.00 2.72 Outside city limits Albert Linenschmidt 9999-32785 1973 160800 2.72 " B. Franklin Payne 9999-42250 1973 600.00 10.20 Did not own on Jan. 1 Randy Pope 9999-43570 1973 540.00 9.181 Outside city limits Elvin Baker 9999-02490 1973 11.22 Elvin Baker 9999-02390 1973 9.18 " Elvin Baker 9999-02395• 1973 7.82• Joseph L. Clanton 9999-10460• 1973 5.78 " Joseph L. Clanton 9999-10465 1973 5.27 James Craddock 9999-12490• 1973 10.03 Hubert Dupree, Jr. 9999-15780 1973 11.73 Hrs. W. V. Giles 9999-20455 1913 2.72 Judy Halpern 9999-22730 1973 6.80_ " Personal---automobiles Page 4 ACC01TNT NAME, i~lr~ lil:f arnr. VATAIr TAX tKASON D. P, Hollis 9999-25825 1973 $ 5,27 Outside city limits H. M. Johnson 9999-28565 1973 16.32 " H. 11. Johnson 9999-28570 1973 5.27 " J. L. Ladd, Sr. 9999-31%00 1973 5.27 J. L. Ladd 9999-31305 1973 6.46 " Mamie Jane McCaslin 9999-35910 1973 11.05 " Kathaleen McCullough 9999-36265 1973 2.72 Paid on another car Herb McCurley 9999-36285 1973 9.18 " Herb McCurley 9999-36290 1973 5.10• " Laurie I.I. Mc Leon 9999-36915 1973 16.32 " Richard Moss 9999-39320 1973 11.05 Non-resident Robert Moss 9999-39325 1973 2.72 " Bill Payne 9999-42255 1973 5.78 Outside cit.- limits Monroe Rogers 9999-46935 1973 6.63 ' Coy R. Rollins 9999-47045 1973 14,11 it John P. Smart 9999-50265 1973 8.84 John P. Smart 9999-50260 1973 15.98 Arthur'Thompson 9999-54540 1973 11.73 ' John M. Thompson 9999-54590 1973 12.92. " Wm. G. Vanderveer 9999-56200 1973 5.27 " A Wm. G. Vanaerveer 9999-56205 1973 9.35 " Walter W. Walker 9999-56955 1973 15.98 Mary Ellen West 9999-58030 1973 8.84 Mrs. Neil White 9999-58445 1973 6.80, " 0 Arias P. Emrique 9999-16550 1973 2.72. Non-resident of U,S, Richard A. Geer 9999-20015 1973 520.00 8.84 Outside city limits Scott F, Geer 9999-2M20 1973 100.00 1.70 " C, E. 11odge, Jr. 9999-25505 1973 12.92 Non-resident,Baton Rouge W. L, Mitchell(Peggy) 9999-36450 1973 10.20 Outside city limits Peggy Mitchell 9999-38460 1973 _ 6.12 - " Personal automobiles Page 5 ' ACCr1Ui~T srAlsf: lir, 111:k ),EA. VA7.111: _'AX LISA, x James W. Rhodes 9999-45495 1973 $ $ 5.78 Outside city limits James U. Rhodes 9999-45500 1973 11.05 D. D. Riley 9999-46020 1973 16Q.00 2.72 " D, S. Robertson 9999-40385 1973 9.18 D. S. Robertson 9999-46505 1973 5,78 Ronny D. Robertson 9999-46495 1973 2.72 Robert C. Sackmann 9999-47660 1973 9.03 Non-resident, prorated Billy J. Truesdell 9999-55450 1973 3.06 Outside city limits K. V. Giles 9999-16960. 1972 5.78 " Judy Halpern 9999-18825 1972 8.50. " Mamie Jane McCaslin 9999-29460. 1972 12.92 " Arthur Thompson 9999-44305 1972 2.72 " Arthur Thompson 9999-44310. 1972 14.28 " Arthur Thompson 9999-44315 1972 7.82 John 11. Thompson 9999-44370. 1972 15.98 Mamie Jane McCaslin 9999-28425 1971 7.14 " Arthur Thompson 9999-43410 1971 18.36 " Arthur Thompson 9999-434'.5 1971 9.18 " Mamie Jane McCaslin 9999-28600 1970 9.75 Arthur Thompson 9999-47220 1969 9.75 Arthur Thompson 9999-47225 1969 4.65 " Peggy Davidson 9999-13750 1973 19.04 Did not own on Jan. 1 Michael A. McDaniel 9999-36365 1973 10.20 Ernest T.'.lman 9999-54865 1973 5.78 0 Paula K. Hooten 9999-26070 1973 540.00 9.18 Outside city limits Melvin Pannell 9999-41705 1973 6.63 " Melvin Pannell 9999-41710 1973 5.95' " Melvin Pannell 9999-41715 1973 6.12 Melvin Pannell 9999-36130 1969 _ 5.40 Personnl----nutomobiles Page 'i ACCO IT NAmF Zd(7: 1'1"I II, EA 1, VAIAIE_ 1'AX 'FASOI William P. Brumlow, Jr. 9999-07515 1973 $ 690,00 $ 11,73 Outside city-Ilickory ( e' Benny E. Coffey 9999-1.1000 1973 18.36 Did not own Jan, 1, 19"_ Jeannette 11. Corn 9999-12140 1973 7.82 Outside city-Corinth W. T. Hall, Sr. 9999-22620 1973 5.78 Outside city W. T. Hall, Sr. 9999-22615 1973 11.56 " Fred William Harrison, Jr. 9999-23790 1973 9.18 Jesse 11. Hill 9999-25215 1973 5.78 " Carol McKinney 9999-36750 1973 8.84 Non-resident Pauline Miller 9999-38051) 1973 11.05 Outside city limits Joe Bob Pannell 9999-41700 1973 11.56 of Richard Rodriquez 9999-46845 1973 6.12 " ~c~ ~ ~ ~s r x /A e OATH OF OF}'ICT do solumn ly swear (or affirm) that I will faithfully execute the duties of the office of of the City of mton, Texas, and will to the best of my ability preserve. protect and defend the Constitution and laws of the i'nite,~ States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (rr affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appoint- meat. So Help Me God." Subscribed and sworn to befo me the undersigned Notary Public on this tre day of A. D. 19 To cert- ify which witness my han d seal of office. A' ary Public in and for Denton County, Texas -b ~ \ ~ ~ ~ ti, 1235 JAR H wB} t~ AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY URDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 5, CITY BLOCK NO. 191-G3 AS SHOWN THIS DATE ON THE OFFICIAL TAX NEAP OF THE CITY OF DENTON, TEXAS, AND MORE PAR- ' # TICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. `-i THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the Zoning Map of the City of Denton, Texas, adopted January 14, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1 be and the same is hereby amended cs :ollows: All the hereinafter described property is hereby removed from the SF-10 Single Family District as shown on said Zoning Map, and all provisions of Ordinance No. 69-13 adopted the ].4th day of January, 1969, as amended, shall hereafter apply to said District in the same mannerpastother r~propertMulti-Family r~ „ property located in the MF-1 Multi-Family District; fy ' All that certain lot, tract or %x bein situated in the Cit parcel of land lying and y and County of Denton, State of Texas, and being located adjacent to the City of Denton > Electric Substantion on the ncrth, south and east side, also known as Lot No. 5, City Block No. 1910. tl~' a SECTION II. w That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan } for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION II:. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore b-~en held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of June-.,A. D. 1974. BILL NE MAYOR _ CITY OF DENTON, TEXAS ATTEST: mvdGl~ Y C AZ'- CITY OF VENTON, TEXAS APPROVED LEGAL FORM: • R L , T ATTO E CITY OF DENTON.$ TEXAS i I I ON 74 b 'r . THE STATE OF TEXAS X CONTRACT COUNTY OF DENTON X This Agreement, made and entered in,:o this the 4rh day of June , 1974 by and between Ben C. Greenfield, Jr, and M. Darlene Greenfield, husband and wife, of Denton, Texas, here- inafter referred to as FIRST PARTIES, and the City of Denton, Texas, a Municipal Corporation, hereinafter referred to as SECOND PARTY. WITNESSETH: WHEREAS, FIRST PARTIES are desirous of obtaining the right to install and operate certain amusement devices in Evers Park in the City of Denton, Texas, and SECOND PARTY is willing to grant such privilege and right to FIRST PARTIES, upon the terms and con- ditions hereinafter stated to be kept and performed: NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter stated to be kept and performed by and be- tween the parties hereto, it is hereb° agreed by and between the pa-zties as follows: (1) SECOND PARTY hereby grants unto FIRST PARTIES the right and privilege of installing and operating at Evers Park in I>;nton, Texas, within a certain area therein to be designated by the City Manager, commencing on the day of 111,1G 1914 and terminating on the _j` day of SEf ~~~y i , 19~ one merry- go-round, one airplane ride, one tub ride, one train ride, one kiddie swing, one ferris wheel and s,ch other and additional amuse- ment devices as may from time to time be agreed upon by and be- tween the parties hereto, all of which amusement devices shall be appropriate for the use of children between the ages of two and thirteen years. (2) SECOND PARTY also grants to FIRST PARTIES the right and privilege to sell popcorn, snow cones and soft drinks within said area designated by the City Manager, but it is understood and agreed that FIRST PARTIES shall not operate such a concession at any other place in the park. Prices of commodities are to be appr,)ved by the Parks and Recreation Board prior to implementation. wr ~ (3) FIRST PARTIES agree to operate said amusement devices in said park in a safe and competent manner, shall provide com- potent and courteous attendants and employees, shall keep and maintain said devices in good mechanical and -''e condition at all times, and shall not remove said devices from said park dur- ing the term hereof withoutthe written consent of SECOND PARTY. ( ) FIRST PARTIES shall not install or operate said amuse- ment devices or concessions in any other municipal park without the written consent of SECOND PARTY. (5) No charge as compensation for any single ride upon any of the amusement devices described herein shall be made by FIRST PARTIES in excess of twenty-five cents (250) for children between the ages of two and thirteen years, said charges to include all taxes on the sale of tickets therefor. All prices are subject to approval of the Parks and Recreation Board prior to their imple- mentation. (b) FIRST PARTIES agree to pay SECOND PARTY for the rights and privileges herein granted a sum equal to ten percent (10%) of all gross receipts derived from the operation of said amusement devices, said FIRST PARTIES, having first deducted therefrom all city, state and federal amusement taxes and sales taxes. 'FIRST PARTIES also agree to pay to SECOND PARTY for the right and privi- lege of operating said concessions a sum equal to ten percent (10%) of all gross receipts derived therefrom, said FIRST T "TIES having first deducted therefrom all city, state and federal amusement taxes and sales taxes. The rental herein agreed to be paid shall be due on the first of each month after the installation and com- mencement of operation of said amusement devices and concessions. The payment due on the first of each month shall be for the percen- tage of Lhe gross receipts derived from operations and sales for the period immediately proceeding said date. (7) FIRST PARTIES agree to pay the cost of the electrical wir- ing from main pole of electrical power to each ride. Said electri- cal wiring to be placed underground with main switch for all rides. FIRST PARTIES further agree to provide a licensed electrician to install required electrical wiring. All expenses for the operation and maintenance of said amusement devices, including utilities, shall be paid by FIRST PARTirS. (8) FIRST PARTIES shall keep a complete and accurate account of all receipts from all amusement devices and concessions now or hereafter operated hereunder, and shall allow and permit SECOND PARTY by its duly authorized agent or employee to inspect and audit the books and records of such operations at any reasonable time. (9) FIRST PARTIES shall not permit the accumulation of papers, trash or other rubbish in the designated area, and shall, at their own expense, keep said area free from such accumulation. (10) FIRST PARTIES shall not use said area for any purposes other than those specified herein. (11) FIRST PARTIES shall upon execution of this contract, and prior to operation of the park facility, install a hog wire fence, or one suitable to SECOND PARTY, of a height of four (4) feet with locking gates. Said fence shall completely enclose the designated premises and shall be obtained and installed at FIPST PARTIES ex- pense. (12) Parking facilities shall be provided and maintained by SECOND Pt_ 3. (13) It shall be the responsibility of FIRST PARTIES to re- place whatever sod 's removed or disturbed upon vacation of the premises. (14) It is agreed that FIRST PARTY will assume all costs toward the purchase of the chat necessary to properly cover the area desired by FIRST PARTIES, further, SECOND PARTY will be responsible for putting the chat down, but will have access to the chat upon vacation of the premises by FIRST PARTIES free and clear of any in- terest of FIRST PARTIES. (15) Proper zoning is the sole responsibility of FIRST PARTIES. (16) FIRST PARTIES promise and agree to carry on their opera- tions and business in accordance with the laws of the United States and the State of Texas and all rules, regulations and ordinances now in force and effect or hereafter promulgated or enacted by the Council of t'Ae City of Denton, Texas. (17) FIRST PARTIES agree to save and keep SECOND PARTY safe and harmless of and from all demands, claims, actions or causes of actions, losses, damages and attorneys' fees arising from or grow- ing out of any accident, injury, debt or damage occasioned or caused by the installation, operation, maintenance, or dismantling of said amusement devices or concessions. (18) FIRST PARTIES shall, upon the execution of this contract, furnish, at their own expense, a public liability insurance policy indemnifying and protecting both FIRST PARTIES and SECOND PARTY from all loss, injury or damage which may be sustained by reason of the operation of the said area, amusement devices and concessions to the extent of One Hundred Thousand ($100,000.00) Dollars for each and every single claim or accident. Said insurance coverage shall be approved by the City Attorney of the City of Denton, Texas, a copy of said policy shall be filed with the City Secretary, and said policy shall be kept in full force and effect during the term of this con- tract. Such policy shall provide that the insurer shall give not less than thirty (30) days written notice to the City Secretary and to the assured before cancellation or termination thereof earlier than its expiration date. The cancellation or other termination of any such policy shall automatically terminate all rights and privi- leges granted to FIRST PARTIES who have furnished the public lia- bility insurance herein required. (19) In the event FIRST PARTIES shall fail to make any payment required by this contract at the time and place herein specified, or shall in any manner fail to observe the terms and conditions of this contract, SECOND PARTY may, at its option, with notice, declare this contract forfeited and thereby terminate all of the rights and privi- leges herein granted to FIRST PARTIES. In the event this contract is forfeited or terminated for any reason, FIRST PARTIES agree to im- mediately and forthwith surrender and deliver up the possession of said premises to SECOND PARTY, and to promptly remove all of their devices and personal property of every kind and character. In the event of forfeiture, FIRST PARTIES agree to remove said property, equipment and devices at their own expense. (20) This contract shall not be assigned by FIRST PARTIES nor shall FIRST PARTIES sublet any of the rides granted herein to FIRST PARTIES without the written consent of SECOND PARTY. (21) In the event FIRST PARTIES or eis.her of them shall be- come bankrupt the rights of FIRST PARTIES t.ereunder shall terminate and shall not inure to the benefit of the creditors of said FIRST PARTIES nor the trustee in bankruptcy. (22) This contract shall be binding upon the parties hereto, their heirs, devisees, executors, administrators, tiustees, successors, transferees and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, and the SECOND PARTY has caused its seal to be hereto affixed, and this contract signed by its City Manager and attested by its City Secretary, the day and year first above written BEN C. GREENFIELD, JR., AND M. DARLENE GRE FIELD, FIRST PARTIES F CITY OF DENTON, TEXAS, S COND PARTY _ BY: )v ydib 6/1111S W. WHITE, CITY MANAGER ATTEST: 4PQPKS CI SCR TTARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 1W.FRALPH RAW, CITY ATTUMTEY CITY OF D N, TEXAS . _ ~ ~-6 . "~7 r. ~ r.. NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CjTY OF DENTON, TEXAS; AND DE- CLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Ordinance of the City of Denton, Texas adopted January 14, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, as Ordinance No. 69-1, as amended, be, and the same is hereby amended as follows: "ARTICLE II. Zoning Districts Established. The City of Denton, Texas, is hereby divided into eighteen (18) zoning districts. The use, height an3 area regulations as set out herein are uniform in each district. The eighteen districts estab- lished herein shall be known as: Abbreviated Zoning District Designation Name A Agricultural District SF-16 One-Family Dwelling District SF-13 One-Family Dwelling District SF-10 One-Family Dwelling District SF-7 One-Family Dwelling District 2F Two-Family Dwelling District MF-i Multiple-Family Dwelling District - 1 MF-2 Multiple-Family Dwelling District - 2 U University District P Parking District O Office District NS Neighborhood Service District GR General Retail District C Commercial District CB Central Business District LI Light Industrial District HI Heavy Industrial District PD Planned Development District." ARTICLE VII. Use Regulation Districts; Use of Land and Buildings. Said Article shall be amended by including therein SF-13 One- Family Dwelling District, with such dwelling district having the same permitted uses as SF-16. ARTICLE XIII. Area Regulations. A. Lot Area. (a) Schedule Minimum Lot Areas - Residential Dis- tricts in square feet add thereto SF-13 One-Family Dwelling District with a minimum lot area of thirteen thousand (13,000) square feet for said single-family dwelling detached. t B. Lot Width. (a) Schedule Minimum Lot Width - Residential Districts. Minimum lot width for SF-13 one-family dwelling district shall be eighty (80) feet for single-family dwelling detached; twenty (20) feet for single family dwelling attached. C. Lot Depth. (a) Schedule of Minimum Lot Depth - Residential Districts. A minimum lot depth of one hundred twenty (120) feet for single-family dwelling shall be added r,:r SF-13, one-family dwelling district classification. D. Lot Coverage and Floor Area F.atio. (a) Schedule Maximum Building Coverage - Residential Districts. SF-13 one-family dwelling district shall have a maximum percent of tot area which may be covered by building in residential use as thirty-five percent. E. Front Yard. (a) Schedule Mimimum Front Yard - Residential District. SF-13 one-family dwelling district shall have as a minimum front yard in feet a thirty (30) foot set back. F. Side Ya:,d. (a) Schedule Minimum Side Yard - Residential District. SF-13 one-family dwelling district shall have e. side yard residential minimum set back of eight (8) feet. G. Rear Yard. (a) Sh: 1 be amended to include SF-13 one- family dwelling district. ARTICLE XIV. Heiqht Regulations. In the SF-13, single family dwelling district, the maximum height of buildings and structures shall be two and one-half (2 1/2) stories except as noted in Article XIV B following. ARTICLE XV. Vehicle Parking Regulations. A. The minimum off-street parking spaces for: (3) SF-13, one-family dwelling district shall be two (2) spaces for each dwelling unit. C. Special Off-Street Parking Regulations under Article XV. (2) Should include SF-13 one-family dwelling district in sub- section (2). SECTION II. That the City Council of the City of Denton, Texas hereby finds that such changes are in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, incourages the most appropriate uses of land for the maximum benefit to the City of. Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the Inlay of June, A. D. 1974. BILL NEU, MAYOR A7TTES • CITY OF DENTON, TEXAS 17v54' BKOORS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVE L FORM: 1- 2-- 'A I LP , CITIWATTORNEY CITY OF D , TEXAS r4~ ~ c V 4-1 p 0.J 3c LA F- Sf- "frt..-, ' r NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE AND SERVICE CONNECTION CHARGES AND PROVIDING AN EFFECTIVE DATE; PRESCRIB- ING THE PROCEDURE Airi CONTENTS FOR DETAILED ANNUAL REPORT AS TO SERVICE FURNISHED BY GENERAL TELEPHONE COMPANY OF THE SOUTH- ',JEST; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, General Telephone Company of the Southwest has heretofore filed with the City Council a request foi a rate in- crease in order that said company may realize a fair return on the value of the telephone company local exchange properties; and WHEREAS, the City Council set a public meeting„ and held same in connection therewith, and the City Council has duly con- sidered said application and made in%restigation, and after con- sideration as to the presentation of all matters by all parties concerned, is of the opiri'.on that the following schedule of rates will permit the General Telephone Company of the Southwest to realize a fair return on the value of its said properties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: • SECTION I. Gene-cal Telephone Company of the Southwest shall place into effect the following schedule of rates for local exchange telephone service on its first billing; date after final passage of this ordinance: CLASS OF SERVICE MONTHLY RATE Easiness one-party $ 15.50 Key Line System 19.40 (a) PABX Trunk 27.15 (b) Business one-party -Ccncess. 8.00 Business one-party -FX 9.50 Business one-party -FX 19.50 Business one-party -FX 34.00 Business one-party -FX 36.00 Business one-party -F3 41.50 Business Extension 2.00 Business Extension -FX 1.50 Residence. one-party 6.50 Residence one-party-Concess. 3.50 Residence two-party 5.50 Reesidence two-party- Cori ce as. 2.75 Residence Rural four-party 8.00 Residence Rural i'our-pa-ty-Concess. 3.25 Residence Extension 1.35 Residence Extension-Concess. .75 Residence Extension 1.35 (a) The rate for a flat rate key line system is one and one-fourths times the rate for one-party business flat rate service. (b) The rate for a flat rate PABX trunk is one and three-fourths tins the rate for one-party business flat rate service. SERVICE CONNECTION CHARGE'S MONTR6 itA'PE Business Service & PBX Feature Systems: Instrumentalities not in place: Main Stations & PBX Trunks $ 30.00 Extension & PBX Stati.:ns 20.00 Instrumentalities in place: At one location, regardless of the equipment involved, per customer 20.00 Residence service charge, each order 20.00 SECTION II. As to other rates and charges for miscellaneous service and equipment not hereinabove included, the schedule and manual maintained by General Telephone Company of ti- Southwest shall be kept current in the local office of said company and avail- able for inspection and review during usual working hours and after reasonable requests, General Telephone Company of the Southwest having the right to make a reasonable charge for copies of any schedules furnished. SECTION III. General Telephone Company of the Southwest shall file a sworn annual report within sixty (60) days after the close of the fiscal year of said company, in compliance with Section 13.04 (k) of the City Charter, City of Denton, Texas, in compliance with .said provision, that it truly and correctly covers its operations and activities within the Dentun Exchange during the preceding annual reporting period. This annual report shall be filed with the City Secretary. SECTION IV. All ordinances heretofore passed by the City of Denton, establishing rates and charges for telephone service, including specifically the ordinance adopted February 13, 1969, are hereby repealed effective with the este.blishmant of the rates authorized in Stction I above. SECTION V. Nothing in this ordinance contained shall be construed now or hereafter as limiting cr modifying in any manner the right and power of the City under the law to regulate the rates and charges of General Telephone Company of the Southwest. SECTION VI. It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required by Article 6252-17, V.A.C.S. PASSED AND APPROVED this _1_- day of June, A. D. 1974. S U, MAYOR CITY OF DENTON, TEXAS ATTEST r-2 ~T~2y BROOKS T, CITY SE RETARY CITY OF DENTON, TEXAS APPROVED AS LEGAL FORM: Ri CITY OF DENT M, TEXAS ~•~t ~ ~ t+ f ~ 3: d' I . C i l; r ! NO. -11 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADOPTING THE UNIFORM BUILDING CODE, 1973 EDITION, VOL- UME I, WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING PENALTIES FOR VIOLATIONS OF THE NEW CODE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Section 5-13 of Ar`icle II, Chapter Five of the Code of Ordinances of the Cicy of Denton, Texas, is hereby repealed and supplanted, and shall hereafter read as follows: ARTICLE II. Building Code "Sec. 5-13. Adopted. The Uniform Building Code, 1973 Editiu-t, Volume I, as adopted by the International Conference of Building Officials copies of which are on file in the office of the City Secre- tary, are hereby adopted and designated as the building code of the city the same as though said volume: of such code were copied at length herein, subject to the deletions and amend- ments enumerated in Section 5-14 hereinafter." PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent ,jurisdiction, such holiing shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. • PART III. That this ordinance shall be effective on and after the first day of August, A. D. 1974, nd the City Secretary is hereby directed to publish the caption of this ordinance twice in the Dentou Record-Chronicle within fourteen (14) days of the date of its passage. PASSED AND APPROVED this the .4 day of tJdi1~G , A. D. 1974. ate; MAYOR CITY OF DENTON, TEAS ATTEST,,) ROOKS HOLT, CITY SECRETARY ITY OF DENTON, TEXAS APPROVED 0 LEGAL FORM: f 2/0 0, wi'4 W F RALPH MW , 'ATTOF EY CITY OF DENTON, TEXAS J •IL a I , ~ u i CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL ODLIGATION STREET IMPROVEMENT 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 25TH DAY OF JUNE, 1974, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Fill Neu, Mayor Morris Kibler Tom D. Jester, Jr. Mrs. Lillian Miller George Schneider and all of said persons were present, except the following absentees: , thus constituting a quorum. W ereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION STREET IMPROVEMENT BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said ordinance be passed; and, after due discussion, said motion, carrying with is the passage of said Ordinanca, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "A..ye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said ordinance 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 said Meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, end acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinanca would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; ar.d that said Meet- ing was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby ap- proves, the aforesaid Ordinance; that the Mayor and the City Secre- tary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 25th day of June, 1974. -Cl City Secretary Mayor (SEAL) We, the undersigned, being respectively the City Attorney and the Band Attorneys of the City of Denton, Texas, hereby cer- tify that we prepared and approved as to legality the attached and following Ordinance prior to its page as aforesaid. ~Ci Attorney Bond Attorneys ORDINANCE 170. 74-24 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION STREET IMPROVEMENT BONDS THE STATE OF T3?{AS COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on DFCEMBER 18, 1973; and WHEREAS, none of the bonds voted at said election has been authorized, issued, or delivered; and WHEREAS, it is necessary and advisable to authorize, issue, and deliver an installment or series of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Vernon's Articles 823 and 1175. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the said City's bonds are hereby au- thorized to be issued in the aggregate principal amount of AND N rL00D COhTROL IMPROVING FACILIETS $11800,000 FOR E PRPUOSE OVIDING O DRAINAGE CONSTRUCTING IN SAID CITY TIES IN CONNECTION THEREWITH. Section 2. That said bonds shall be designated as the: "CITY OF DENTON GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 1974". Section 3. That said bor3s shall be dated JULY 15, 1974t shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and stall mature serially on the maturity date, in each of the years, and in the amounts, respec- tively, as set forth in the follaving schedule: MATURITY DATE: JULY 15 YEARS AMOUNTS 1976 $ 75,000 1977 75,000 1978 75,000 1979 75,000 1980 100,000 1981 190,000 1982 100,000 1983 100,000 1984 100,000 1985 100,000 1986 100,000 1987 100,000 1988 100,000 1989 100,000 1990 100,000 1991 100,000 1992 100,000 1993 100,000 1994 100,000 -1- Section 4. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interes+- at the following rates per annum: maturities 1976 through 1979, 7.25% maturities 1980 through 1982, 5.25% maturities 1983, 5.30% maturities 1984 through 1985, 5.40% maturities 1986, 5.50% maturities 1987 through 1988, 5.60% maturities 1989 through 1990, 5.70% maturities 1991, 5.80% maturities 1992, 5.90% maturities 1993 through 1994, 6.00% Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, Ray be redeemed prior to their schedul- ed maturities, shall have the characteristics, and shall be sign- ed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND sn-t forth in this Ordinance. Section 6. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substan*_:aily as f011OWs: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION STREET IMPROVEMENT BOND SERIES 1974 ON JULY 15, 19THE CITY OF DENTON, Denton County, Texas, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hgareoi, at the rate of % per annum, evidenced by interest coupons payable JANUARY 151 M5, and semi-annually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons apper- taining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or ce'l:action charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for thi^ Series of Bonds: FIRST NATIONAL CITY BANK, NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEY.AS. THIS BOND is one of a Series dated as of JULY 15, 19741 authorized, issued, and delivered in the principal amount of $1,800,000 FOR THE PURPOSE OF CONSTRUCTING AND IMPROVING STREETS IN SAID CITY, AND PROVIDING DRAINAGE AND FLOOD CONTROL FACILI- TIES IN CONNECTION THEREWITH. -2- ON JULY 15, 1989, or on any interest payment date thereEfter, any outstanding bonds of this series may be redeemed prior to their scheduled maturi- ties, at the option of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty clays prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a fi- nancial publication published in the City of New York, Ne,i York. By the date fixed for any such redemption due provision shall be made with the "Paying Agent" for the payment of the principal amount of the bonds which are to be so redeemed and accrued in- terest thereon to the date fixed for redemption. If such writ- ten notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be re- garded as being outstanding except for the right of the ber.rer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly voted, authorized, issued, and de- livered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the voting, authorization, issuance, and delivery of this bond have been per- formed, existed, and been done in accordance with law; that this bond is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes suffi- cient to provide for the payment of the interest on and principal of this bond, as suonh interest comes due and such principal ma- tures, have been levied and ordered to be levied against all tax- able property in said city, and have been pledged irrevocably for such payment, within the limit prescribed by law. IN WITNESS WHEREOF, this bond and the interest coupons apper- taining hereto have been signed wick the facsimile signature of the Mayor of said City and count-rsigned with the facsimile signa- ture of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been ^_xamined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registerP; by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxxxxx Comptroller o Public Accounts o the State of Texas. -3- FORM OF INTEREST COUPON: NO. S ON 15, 19--f THE CITY OF DENTON, in Denton County, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, with- out exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at FIRST NATJONAL CITY BANE:, NEW YORK, NEW YORK, OR, AT THE OPTION OF 4HE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS, said amount being interest coming due that day on the bond, bearing the number hereinafter designated, of that issue of CITY OF DENTON GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 1974,0 DATED JiTLY 15, 1974. Bond ?Io. xxxxxxxx xxxxxxxx City Secretary Mayor Section 7. That a special 'Interest and Sinking Fund" is hereby created solely for the bene::t of said bonds, and said Interest and Sinking Fund shell be established and maintained by said City apt an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said bonds. All ad valorem taxes levied and collected for and on account of said bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the governing body of said City shall ccmpute and ascertain a rate and amount of ad valorem tax which will be suffi- cient to raise and produce the money required to pay th interest o» said bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principa4 of such bonds as such principal matures (but never less than 2% of the original principal amount of said bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax de- linquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the afore- said Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said ponds, ua such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 8. That the mayor of said City is hereby authorized to have control of said bonds and all necessary records and pro- cendings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registratior by the Comptroller of Public Accounts of the State of Texas. Upon -4- registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said bonds. Section 9. That the City covenants to and with the pur- chaser of the bonds that it will make no use of the proceeds cf the bonds at any time throughout the term of this issue of Londs which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the bonds will not otherwise be used directly or in- directly so as to cause all or any part of the bonds to be or be- come arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 10. That it is hereby officially found and deter- mined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. Section 11. That the City Council officially finds, de- termines, and declares that said bonds have been duly advertis- ed for sale as required by the Home Rule Charter of said City; that sealed bids have been received at a public sale of said bonds held on June 25, 1974; that all of said bonds are hereby sold and shall be delivered to a syndicate managed or headed by Republic Na nk of s, Dallas, Texas , being he best bidder at said public sale, for the principal amount of said bonds, and accrued interest thereon to the date of delivery, plus a premium of $ -0- Section 12. it is further found and determined that the official Notice of Sale for said bonds was duly published on May 23, 1974, in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying fi- nancial news and municipal bond sale notices, and on May 23, 2974, in the Denton Record-Chronicle, which has been designat- ed as the official newspaper of the City of Denton. The form and substance of said Official Notice of Sale, and the afore- said publications thereof, are hereby approved and ratified in all respects by the City Council. a P° ~j J ~ ~ LAW oFFICEs MSCALL,PARKHURST & HORTON 1400 MERCANTILE BANK BUILOINO H OeeY H.KCALL PAUL e.H ORTON DALLAS,T"AS 7520; JOHN D. W.CALLQe92-1061 POe CRT T LEWIS HILLARD PARKHUU5T+D06yC/3, PETER M.TART Ana COCl B!lap-9o0< CLARENCE E CROWE(903] 961 ROT M.POINSETT RICHARD C. PORTER June 25, 1974 Honorable Mayor and Council of the City of Denton Denton, Texas Gentlemen: City of Denton General Obligation Street Improvement Bonds, Series 1974, $1,800,000 In compliance with Section 9.02 and Section 9.04 of the City Charter of the City of Denton, you are advised that the bids for the captioned issue of bonds have been tabulated and that we find that the bid of a syndicate managed or headed by the following: with the bonds'to bear interest at the rates therein speci- fied, with such bidder to pay par and accrued interest to date of delivery for said bonds, plus a premium of $-0 - , is the lowest and best bid received, and we recommend that it be accepted. We further certify that we have examined the ordinance presently placed before the Mayor and Council for the pur- pose of authorizing the issuance of said bonds, and, in our opinion, the said proposed bond ordinance is legal, and the bonds to be issued thereunder will be valid and binding obligations of the City payable from ad valorem taxes with- in the limit prescribed by law. Respectfully, McCALL, PARKHURST & HOORRTTON ) Paul B. Horton LAN OFFICES MSCALL,PARKHUR5T S HORTON 1400 MERCANTILE BANK BUILDING mosey CALL PAUL a HOR'OH DALLAS,TEXAS 75201 JOHN 0MKCALLQe02-lo04 R Oa CRT T.LCw11 MILLARO PARKHURST 1006-10731 PETER M. TART AR4 COO[ 24 748.0501 CLAPENCC C CROW E (,QO3AQe4 ROY M. POINSCTT R,CMARO C.PCRTCR June 28, 1974 4. Mr. Brooks Holt City Secretary Municipal Building Denton, Texas 76201 Dear Brooks: City of Denton Bonds Enclosed are properly completed ordinances authoriz- ing the issuance of the following described bonds: $1,800,000 General Obligation Street Improvement Bonds, Series 1974; $ 985,000 General Obligation Refunding Bonds, Series 1974; $2,000,000 Plater and Sewer System Revenue Bonds, Series 1974; $1,5001000 Electric Revenue Bonds, Series 1974. Kindly return. to me_the_copy__of each_Crdinan_ce left with you on June 25. Sincerely yours, McCALL, PAR~KHURST S HORTON Paul B. Horton~ PBH:k Enc. P.S. Also enclosed for your permanent records are our formal opinions with respect to each bid, as re- quired by the Charter. PBH NO. 7Y-A9 AN ORDINANCE AMENDING ORDINANCE NO. 74-12 ADOPTED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, MARCH 19, 1974, BY EX- TENDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, it is the considered opinion of the Council and staff that reevaluation and reconsideration of certain aspects of said ordinance are deemed advisable; and WHEREAS, additional time is needed to solicit the input of professional and technical personnel and the general public regarding the eAtremely technical subject of this ordinance; and WHEREAS, time is of the essence in that such recon- sideration of said ordinance should be done in a diligent and deliberate manner; Now Therefore, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: That the effective date of Ordinance No. 74-12 entitled "The Denton Plumbing Code" adopted by said Council on March 19, 1974, be extended to September 1, 1974, or until further action of the Council. PASSED AND APPROVED this the 29th day of June, 1974. C r TOM R CITY OF ON, XAS tTT AT TE S CITY OF DENTON, TEXAS APPROVED LEGAL FORM: z dz Le% We- RALPH MAW~ CITY RTTORNEY CITY OF DEMON, TEXAS 91 ti i w I:i'ArII:1: O1' :'?,T,?'!i li-':l'S 1'or 'l he Clty Of 114.rlton, ux.1s / 3unc 50 1 974 We al'i) ,ci;lto ib:' Il~orou,h rivLrv r:nd i):vcctip,clrion F,ivcnl the rate apl,3ic riot: for L'.c clty by the City Att'orncy, Mr. Itnlrlt Mann. The fol.lowli)g is n rc,vi(t, of tha report J'neluding a .cttl.emcnt proponal. For rei,, )'ellee pu).l+e':.c 1 hru',, r uc'bercd L11c. first aavrn p.if,cr 1A through 10, Tahlc of Contd.;)::., anc 1'171,x., 1 Oicorl;ll 37 of. 1:r. ':inn's report. Vc ngrcr' tr.itl) tl,;~ tl;etu_ of 1[)'. 11nt,n'c report thnL rervice and rates are insep_ri' blc' JA, 1'aZIIj'! i11 i! 1); hot over, t:c vot!ld like to point out that t:ithout ;;o; d ear,tiu,,. 1:0 bus .ne.:s ever r, succeed,- in ncctiil;; tl:e o>:e 1,r F r^Cr?s: of it:', eust:oracr; t:it])ovt good er,minls to finance it. ability to rcect those c:.prnded nceds•--and the tc•lepllone co._p::ny ?.s no exceptton. An ohrert'1tion by the staff th,^t the rate payers cl;ould not be saddled 1:4th all of tlke incre,nge t.hnt v'Ould be uccc';rary to restore operating result:~ to an Opt1.1 ,1'❑ conch t loa (pare IB, Pareg,Un ,h 3) ray be .^,or..r ,-1jat n1elcrt,111 L;. lt• un(_,*ccr.;t.)Ildir;g Lllnt by opL;'TIM1:! condition, the renr; 1111llt l.• In 2': ::CF Vr' file 1.'c.'1.1_ its Vb('t iE ViO)'MT:^ If tic (10 1)Ot forece,rt auk removes correctly, it could I.:ean b.%d service could develop because provj.sio),S wcrc riot ri,%Cc for I,rOdth snC'h ha:; l?Cell e?:p C!ricrlCe in Denton. Also wS.tbout gnod fGZCC aC ttllf, cddit10;11-.Z Snvc'Strerltr' Islay be. required that should have been taken care of soircti,re hack. An example of this tlr.y bo. t:ho pl.acin~ of fir fifty pair buried c, Ole to a natr addition without forecasting for the future--today we may need a hundred pair cable that could hzvc, been or,.rinally placed at eli!Iltly more th.m the original fifty pair cable. This rioes not include the cost of diig;iug in the new cable and expenses associated with it. (Page 113, Item 1, P.arapraph 5) Permit a rninimum rate increase based on principles of austerity--the naniTutm that meets lcLal test and does not impair the company's ability co attract capital, or said another way, permit the compr.ny just the amount necer;.^,•lry for survival. I alight agree if we could vorlc a rate study one week, present it the. next, and conclude and begin biilin.- new rates the next. As you can see by this chart attrition is working sway at any increase we may receive frog, the day after the study cutoff date. I~G1'~ i Y dr.E G E~PLhM'llot I!, , oFyfAtrra r /~Ti'fzrrta^t.. 1'~ ~~YIST f'~ r U~.?Tnr"~ t~/or'Ic v'r~c'I 3 j? Yhy Srut rlrcl VCAPY <ovvr,l b (~!I i FCCT' i IK,Trr &"1 AW I, t;n7 ~'ov~or rf CASe r:/ISGo ew F1 C, Li r, T1ic fart arP that o:,Ce t.s I'gCC'I vo cw,:ri..inn c,ppI oval of Lhi. study, riil-161 ul,; July ) 914, J6 t.n;llh:: lc,rvu cJr:p:ocd Sines. Iiul otudy date. V1 I. nets rites c:ffc'ctIve boP1uniit g ill July 1914 we ".311 not reall;:o 1001 of this revcnuo- incr(p:: unt11 July 1975. This i:. 28 rcnth:: after a study for the prior yoorlir:Jicated a ::uLctant.lal. rovenue deficic,ncy. Since the sttcdy d;:te r-f L'arch 1J73, Cpcrc,Lin,c, 1:xpeusos c,nd Iuvcstr.r_nts have Continued to • Pate F, oe At: the tine thir, study was prul,r:rud 4ve felt that filinf; tics case with a 100 percc•rlt trc'rldcd rate ba:-.e 1,•o veI'y I:+ach Ilk 1111c', o ith Codays rapid i.nf111tion. Tlv ( nt:rc cocotry, iI:cludinu the Dcci-Lon ArLCa is in all iIt fJ,-bona);- "Coc,c: a; id h. I, cait since 195 r,nd rush inflation ha . bc,vn rat?illy C-,],, 1:CgIuj-. in Li:e iiorc rorc.?.t Y('^1'.`, ind in porl.ieular for Cite yy.•or 1573. 11:e rte of infIntlon from 1957 Llwouf;h 1903, was appra~iratc•ly 1•-1/2 1,orcc•nt per rinnuT.:, fre;i 1963 through 1972 to opproxiriitely 4 percent per unrurt and the rate for M3 elol,e, 'to rppro.~Ir-tely E.8 percent t,ith n sharp upturn in the 1r-st quarter. 1:'e felt theft using 100 percent trended plant not the full replcIccrent colt r:c•a but a roc: onahle balc:nee bets?,•(%. the replacc:,.ent v.tlue of the p3nrt .:nd the original cost of tr,G plant. We have in the past filed cases to represent 50 percent trond cost and 50 percent ori_1r,inal. east. };vcn tltoul;il t,e do not believe this represented the fair v, lac of the plant- no of th9., tir.:c };criod he .rc : grccable to thie rethod. 11o;.,cver, coo believe tl:c average pleat developed in staffs study (be[j%n.r., year rvcragc to ending, year) Is not propor and has the effect of vemov).ng 6 months plc-.:t wlcich crchauce:, the effect of attrition even snore. Studies cnlcul::ted 1% tit%: canner do tot represent plant as of the study date. Customer rater are vide for today and the future and not for the past. Basic rates are priced out using stations in service as of the study period and not on nverege stitionr: which Youl.d ba lacer in count and would result in higher telephur,e rates. Staff should hecve lowered their revenne figure to coincide with their avera^e plant calculations. If a rk:jor office addition were ndded the last quarter before study closing slid we used nn evcragc of the years plant, only n portion of this new plant would be included in the rate base. By using only a portion of this new plant (which is all ready in service) to develope rates would not be :,howing plant used and useful for providing telephone service to the city of Denton. Using 1/2 of the newly constructed plant is also not fair to the people %llo have invested in our co ,;,any and expect to earn on the total amount they have invested. 1 know of no other location where this averaging concept is bcinh utilized. We o not fila crises this way in Texas or in any of the three covni,sion states we operate in. GTC Table 3 shots the developlaent of the 50-50 Rate Base that would be acceptable to the company--- Original Rate Bale $11,2891051 Staff recolu.ondation ,90678,657 GTC compromise _10 079,382 i Ci'C Y,hlc 1 tt.u; P" "'t (jr c: nit: 1. of 1';trch 31, 1973. '11;e only point Of di nZ1F:rorr.r ni oil t.ilc rr 1-c, of return calculate.<1 o;t this tal`1e is the mite of ri'turr: for co:;.Un rq.ity. O:n- table !:Iirn! '3 percent, the staff t,hiSi thlr. :a c•;;ld 11OL c:,ceeci 10.5 pcrccnt. 1Ze. be Hevcc and have ter;tif i ca a :dt•r c:: t h th It t; c l :i I crccnt 17;! are is i,ot only fair but very rnncervrLi.c to t;127it It vhould he seelc:inp. GTC T, ble 2 1'stc;7. of P.cturn 111_vod Oil cor;-ot+ equity for ten of the ;+ns corp,.rsbJc. Co-,"pnnie:, ::c,3ectc6 from public utilities :erving surrotr:c it; ;:re.. Note t1lo ;_Verege rate of return on equity for 1972 vas 13.46 percent. Veighted VICIghtcC! staff Cost G'1C Cost source wejfILI: Pate Staff _ Rate GTc Dept 55.15 6.31 3.4786 6.31. 3.4786 Cost Free Capitol 3.15 0 0 0 0 Preferred stcci; 2.47 5.92 .1186 5.92 .1186 CorGCO;I tuck }'r;nily 30.23 10.5 111119 13.0 5.100 100.00; 7.7161 &.69727. The 8.6972 percent rtae of return jr, not. ghat vrs used in the cnse. Our requor.t. Js for 6.05 percent rrtc of return on fully trended 1331itL-. Ca1cuL,icd on a ;t;••t ~0 inLc l+as;a tite rate of return rulucsted vould produce a ppro;;ie;ately 7.21 percent. If for :;ome reason tae earl not (as a corpnuy) hold our A Pond Rating, and that rasing drops to an DI L P,atang it vil.l. not Only effe::t GTC but also GTC ctato:aars. Yinancinf; will bccor-e r;nra diffi c.11t, requiring more Interest to be paid. A7.1 of this cutting; into coi!~;truction projects which utiln:ately would effect our ability to proi.vdc good service. Meat 1 am talking about hac recently occurerl in the Con Edison Organization- New Yorlcrs Cities power company. De rociation Er. ease It was because of the Weslaco Court Case, mentioned in staff recommendation Page 4, Paragraph 2, that tie developed the nethod Of consistency, by applyin^ our depreciation rate to the r:te base, if the! rate base were 100 percent trer.Ci;.r,, ns is in this ca: c, the depreciation rate would be applied to the trcnd~°d plant. If ve wor.c filir;t; an 50-50 rate case, then the rato would be applied to ti,e 50-50 plant, etc. 1.70 bolievo the fair valuc of our plant !should he the basis for developin:,, the depreciation expense. The sar:c theory could apply Lo depreciation reserve. If we were to calculate the depreciation reserve based on original cost plant, it would decrease tire reserve amount, increase the r._t plant iu service, and cause a greater rate base to calculate rates. ul:orr. Vare n.-An t;te same principle of consistency tipp.lies. The dopreciation reserve rate . h&s been applied to tite rate base of the study whother it is 100 percent trending; or 50-50 plant. Depreciation cxpc;sc on trceded plant (brochure) $764,63'1 Appro::i.mate Depreciation h:pcu^c on 50-50 plant (GTC Table 5) 735,479 Staffs Depreciation on original cost (G'TC 'fable 5) 676,324 Rcvenuc Fact.ur The 1.96 multiplier as calculated by Staff is 1nso1-.ect because it did not include thr effc-ct of uncullectibles, ,,hich is very minimal, nor did it includo an ii;,rca~e for StaLe Cross Receipts Ti x, rate is 2.5025 percent. As shown bc3ov, this factor :could be 2.01; Staff GTC Revenues 1.00 1.00 Less Gross Receipts 'l'ax .02 *.045 .9E .955 Less 48 percent Federal Incomu Tax .47 .458 Rev. From cacli tiew dollar 51 .497 Revenue Factor 1/.51 1/.497 Factor 1.96 2.01 *Uncollectible rate not included--too minimal. To check the 2.01, go to Lie rate case brochure and divide the increase from income available for rate of return - $663,046-$520,485=$162_,561 Into the increase from heal service revenues $2,780,769- 2,453,334•$327,t35. 327,435 divided by 162,561 = 2.01 Revenue P.eguirement Staff GTC Rate Base 996789657 10,079,382 Rate of Return 7.716 7.716 1469605 777,725 Actual Test Year Return 608,794 608,7914 Income Deficiency 138,011 1,68,931 Revenue Deficiency 1.96 2.01 Local Service Revenue Increase 270,502 3399551 Please note we have accepted (not agreed to) staffs rate of return and staffs depreciation expense method of calculation. If it became necessary to take court action in this case, I would recommend to our company to recalculate this case to produce the same rate of return as our capital is currently costing. At the time of the study it was 8.69712. Depreciation expense would also be recalculrted on the study rate base. This would produce an approx;rate additional revenue requirement of $657,218. It is my recommendation we settle in the following methods- 1. Agree to rates set by the etaff 2. Set rates of 1.25 percent of the business one-party rate for key line customers and 1.75 percent of the business once-party rate for PABX trunks. 3. lnstall $30 -:il $40 :;crvice connection charges 4. Jncrcnse nont~;iL 11::1; uuiuhc ru to $1 5. lrr,pl ci: ont Section 3E cliarF;i ng for sw.i.tch and rton switch system. 6. lnici.ntc flat raLC semiptrbtic We arc ctl%IJlys loo?:Eng for wrys to keep the basic tclcl+honc ctsiover from payin;; riitC•1- for Fi'1 V1CC' 'IC is, not recoiViilo, or in other word,, let the co.t <<uscr pay for the service; he uses or requires. It tiJas found Lthst i t cost approSinsee]y $SG to install, a tel(!phrnte. With this discovoiy $30 and $140 service connection cl=ges were placed inLo effect. Todn), appro;:imz+tcly 88 percent of our exchanges have these service connections charges in effect. We are looking at increasing mobile telephone rates, but the study has not bccn cor,pleted. I DEED RECORDS EASEMENT - VOl 712 iuf 755 THE STATE OF TEXAS COUNTY OF DEN TON KNOW ALL MEN BY THESE PRESENTS: l; 11666 ' That WILLIAM J. WILLIAMSON of Denton :ounty, Texas, in consideration of the sum of the sum of One Dollar ($1.00) and other good and valuable con sideration in hand paid by the City of Denton, Texas receipt of which is hereby fully acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following descn ed property owned by h i m and being situated i n the County of Denton, State of Texas and more particularly described as follows: 1 All that certain lot, tract or parcel of land lying and beirg situated in the City and County of Denton, State of Texas, and being part of the N. Wad Survey, Abstract No. 1407 and being part of a tract of land conveyed from Frank Barrow and wife, Elizabeth Ann Barrow to William J. Williamson by deed dated September 2, 1965 and recorded in Volume 528, Page 25 of the Dee' Rerords of Denton County, Texas, and more particularly described as follows , BEGINNING at the southwest corner of said Williamson Tract, said point of beginning being 218.0 feet south 0°05' east and 210.0 feet south 89° 55' iI west of the intersection of the south right of way line of Barrow Drive and the west right of way line of Payne Drive; THENCE north 0° 05' west along the westboundary line of said Williamson I; Tract a distance of 168.0 feet to a point for a corner same being the mosti northerly northwest corner of said Williamson Tract; j THENCE north 89° 55' east a distance of 12.5 feet to a point for a corner; THENCE north 0° 05' west a distance of 50.0 feet to a point for a corner, i same being the most northerly northwest corner of said Williamson Tract; I THENCE north 89° 55' east along the north boundary line of said Williamson I Tract same being the south right of way line of Barrow Drive a distance of 3.5 feet to a point for a corner; THENCE south 0° 05' east a distance of 218.0 feet to a point for a corner in the south boundary line of said Williamson Tract; THENCE south 89° 55' west along the south boundary li., of said Williamson l Tract a distance of 16.0 feet to the place of beginning and containing 2,863.0 square feet of land, more or less. { And it is further agreed that the said City of Denton, Texas, in con- i.l sideration of the benefits above set'out, will remove from thu property ff above described, such fences, buildings and other obstructions as may not I! be found upon said property. For the purpo§e-•of constructing, installing, repairing and perpetually' maintaining public utilities in, dlong, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across the said premises for the purpose,of I making additions to, improvements on and repairs to the said public utiliti or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas, as aforesaid Ar the purposes aforesaid the premises above described. 7 ~kin I WITNESS his hand this he nL day of ice,% A. D. 1974. WILLIAM ILLIAMSON 7T i VOL 712 FACE 756 SINGLE ACKNOWLEDGMENT THE STATE O TF. AS, BEFORE ME, the undersigned authority, COUNTY OF 1 ..~h_. in and for said County, Texas, on this day personally appeared __t 2 rn lv~~`_. - Yto~q'to rub to e rsun whose name subscribed to the foregoing instrument, and ackno«9edgcvl to me '4h at he r CUted he same for the purposes and consideration therein expressed. i GIVEN V`:D 31: SIY HA\D AND SEAL OF OFFICE, This ~da of «E A. 1). 19~ Notary Public, yp x County, Texas My Commission Expires June 1, 19 7,)~ f a JOINT ACKNOWLEDGMENT TF~MIA b' TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF / in and for said County, Texas, on this day personally appeared _ anr1--- _ his wife, loth knoa-n to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said wife of the having been examined by me privily and apaarttf WoMe r and having the same fully explained to her, she, the said. 00p - _ _ - acknowledged such instrument to be her act and deed and she aecia~ia ( 'lingl a for the purposes and consideration therein expressed, and that she did not ract GIVE wiUN,DF. SEAL OF OFFICE, This day A.D. 19__... ~u00p Notary Public, Texas yes4°k rPye ~s1~9 my C ..nrnission Expires June 1, 19______ ACKNOWLEDGMENT ' ua►'' V C HL N oFTFrjs~ BEFORE ME, the undersigned authority, 01 in and for said Count ,n0i6%_y personally appeared . wife of......_............. known tome to be the pp,I~1'Aose name is subscribed to the foregoing instrument, and having been examined by me privCy and apart from her hu and, and having the carne fully explained to her, sh the said . _ -the acknowledged such instrument to be her act and deed, and she declav d that she had willingly Figned the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This.._.._........... __.day of A.D. 19.......... (LS.) Notary Public, ...................County, Texas My Commission Expires June 1, 19.._....... CLERS'S CERTIFICATE THE STATE OF TEXAS, 1 County COUNTY OF 4................. Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the _ day of A. D. 19....,.., with its Certificate of Authentication, was filed for record Lt my office on the day of , A. D. 19... , at O'clock... . , M., and duly recorded this ....................day of.. A. D. 19.. at _ o'clock- M., in the ._._....Rccords of said County, in Volume , on pages.---.................. WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office la................ ~Y _ _ _ _ _ the day and year last above written. _ . - County Clerk ...........................County,• Texas. (L. S.) By............. _ , Deputy. . a C i ra ra Z J Z o. a J W r c N V o x 94 m b U W w [4 0 w F I.F1) r(' c4 :01 t i ~L/j~ A''t ! f-i Q O Y X11' .I C z40 x W ! «'f r•' ~ I i i is v N MERCHANTS MUTUAL BONDING COMPANY NOTICE OF CANCELLATION OF BOND BY SURETY To: City Clerk do City Hall Denton. Texas 76201 Merchants Mutual Bonding Company as S7irety, hereby notifies you that its Bond No. TX-90143 ~ 6/74 _ dated oor aba 5! on behaff of Kenneth Westbrook , described as siaeVaZYcBond is hereby canceled effective thirty (30) days from the date of this notice and that as said Surety it shall not be responsible thereundef for any acts or defaults committed or loss occufring after said date. Dated this 26th day of June -19 _14 Merchants Mutual Bonding Company C. W. St 4;, Attorney to fact CWS/ax cc: Kenneth Westbrook Jim Render Insurance FORM T-101-Acv-2.73 ra E ~ N` c CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF ELECTRIC 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 25TH DAY OF JUNE, 19741, at the Municipal Building (City Hall), and the roll was called of the duly, constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Neu, Mayor Morris Kibler Tom D. Jester, Jr. Mrs. Lillian Miller George Schneider and all of said persons were present, except the following absentees: Miller and Jester , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF ELECTRIC REVENUE BONDS was duly introduced for the consideration of said city Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described :.n the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance 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 said meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meet- ing was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby ap- proves, the aforesaid Ordinance; that the Mayor and the City Secre- tary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 25th day of June, 1974. -V City S cretary ayor~ (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby cer- tify that we prepared and approved as to legality the attached and following Ordinance prior to its a as aforesaid. ,p CAttor ey Bo Attorneys ORDINANCE NO. 74-27 ORDINANCE AUTHORI7ING THE ISSUANCE OF ELECTRIC RFVE14UE BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on DECEMBER 91 1967; and WHEREAS, out of the $15,000,000 Electric Revenue Bonds voted at said election, $10,500,000 thereof have been issued and de- livered, being all of Series 1968, Series 1970, and Series 1972; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Vernon's Articles 1111 through 1118. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the said City's bonds are hereby au- thorized to be issued in the aggregate principal amount of $115001000, FOP, THE PURPOSE OF IMPROVING AND EXTENDING THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM. Section 2. That said bonds shall be designated as the: `CITY OF DENTON ELECTRIC REVENUE BONDS, SERIES 1974". Section 3. That said bonds shall be dated JULY 1, 1974, shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respec- tively, as set forth in the following schedule: MATURITY DATE: NOVEMBER 1 4 YEARS AMOUNTS 1976 $50,000 1977 50,000 1978 50,000 1979 50,000 1980 50,000 1981 50,000 1982 50,000 1983 50,000 1984 50,000 1985 75,000 1986 75,000 1987 75,000 1988 75,000 1989 75,000 1990 75,000 1991 75,000 1992 75,000 1993 75,000 1994 75,000 1995 75,000 1996 75,000 1997 75,000 1998 75,000 -1- Section 4. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: maturities 1976 through 1987, 7.00% maturities 1988, 6.25% maturities 1989, 6.00% maturities 1990, 6.10% .maturities 1991, 6.20% maturities 1992, 6.30% maturities 1993, 6.40% maturities 1994, 6.50% maturities 1995, 6.60% maturities 1996, 6.70% maturities 1997 through 1998, 5.00% Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their schedul- ed maturities, shall have the characteristics, and shall be sign- ed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Ordinance. Section 6. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON ELECTRIC REVENUE BOND SERIES 1974 ON NOVEMBER 1, 19 , THE CITY OF DENTON, TEXAS, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of per annum, evidenced by interest coup-)ns payable MAY 1, 1975, and semi-annually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons apper- taining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the following, which shall constitute and be defined as the "Pa.-ling Agent" for this Series of Bonds: FIRST STATE BANK OF DENTON, DENTON, TEXAS, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAIF, DALLAS, TEXAS. THIS BOND is one of a Series dated as of JULY 1, 1974, authorized, issued, and delivered in the principal amount of $18500,000 FOR THE PURPOSE OF IMPROVING AND EXTENDING THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM. -2- ON NOVEMPER 11 1989, or on any interest payment date thereafter, any outstanding bonds of this Series may be redeemed prior to their scheduleO maturi- ties, at the option of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a fi- nancial publication published in the City of New York, New York. By the date fixed for any such redemptiun due provision shall be made with the "Paying Agent" for the payment of the principal amount of the bonds which are to be so redeemer and accrued in- terest thereon to the date fixed for redemption. If such writ- ten notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be re- garded as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified and covenanted that this bond has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this bond have been performed, existed, and been done in accordance with law; that this bond is a special obligation; and that the principal of and interest on this bond, together with other revenue bonds of said City, are payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Electric Light and Power System. SAID CITY has reserved the right, subject to the restrictions stated, and adopted by reference, in the Ordinance authorizing this Series of bonds, to issue additional parity revenue bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Net Revenues. FURTHER, SAID CITY has reserved the right, subject to the restrictions referred to in the Ordinance authorizing this Series of bonds, to combine the operation of its Electric Light, Waterworks, and Sanitary Sewer Systems, in which event this Series of bonds and other revenue bonds of the City may be se- cured by and made payable from a first lien on and pledge of the Net Revenues of said combined Electric Light, Waterworks, and Sanitary Sewer Systems. THE HOLDER HEREOF shall never have the right to demand pay- ment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHEREOF, this bond and the interest coupons apper- taining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signa- ture of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxxxxx Comptroller o Public Accounts o the State of Texas. -3- FORM OF INTEREST COUPON: NO. $ ON 1, 14 , THE CITY OF DENTON, in the County of Denton, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in jawful money of the United States of America, with- out exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at FIRST STATE BANK OF DENTON, DENTON, TEXAS, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS TEXAS, said amount being interest coming due that clay on the bond, bearing the number hereinafter designated, of that issue of CITY OF DENTON ELECTRIC REVENUE BONDS, SERIES 1474, DATED JULY 1, 1974. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Bond No. xxxxxxxx xxxxxxxx City Secretary Mayor Section 7. (a) That the term "Outstanding Bonds," as herein- after used in this Ordinance, shall mean all of said City's pres- ently outstanding bonds which are payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Electric Light and Power System. (b) That the bonds authorized hereby are parity "Additional Bonds" as defined in the ordinance passed on October 12, 1954 authorizing the issuance, sale, and delivery of said City's Electric Revenue Bonds, Series 1954. (c) That sections 11 through 29 of said ordinance are hereby adopted by reference and shall be applicable to the bonds au- thorized to be issued by this Ordinance for all purposes, except to the extent hereinafter specifically modified and supplemented. The bonds authorized to be issued by this Ordinance and the Out- standing Bonds are and shall be on a parity and of equal dignity in all respects, and are and shall be payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Electric Light and Power System. Section 6. That, in addition to all other amounts requir- ed by the ordinances, respectively, authorizing the outstanding Bonds, there shall be deposited into the Interest and Redemption Fund (created for the benefit of said outstanding Bonds and all Additional Bonds) the following: (a) such amounts, in approximately equal monthly install- ments, deposited on or before the 10th day of each month hereafter, as will be sufficient to pay the in- terest scheduled to come due on the bonds authorized by this Ordinance on the next interest payment date; and (b) such amounts, in approximately equal monthly install- ments, deposited on or before the 10th day of each month hereafter, commencing on or before November 10, 1975, as will be sufficient to pay the next maturing prin- cipal of the bonds authorized by this ordinance. -4- 1 Section 9. That there shall be deposited into the Reserve Account in the Interest and Redemption Fund, created for the benefit of said Outstanding Bonds and all Additional Bonds, the following amounts, at the following times: (a) on or before July 10, 1974, and on or before the 10th day of each month thereafter, to and includ- ing April 10, 1977, the sum of at least $9,950; and v (b) on or before May 10, 1977, and on or before the 10th day of each month thereafter, the sum of at least $2,850, until the aggregate amount of $1,880,000 shall have been accumulated in said Reserve Account. Thereafter said aggregate amount of $1,880,000 shall be maintain- ed in said Reserve Account, for the benefit of the Outstanding Bonds, the Series 1974 Bonds, and all Additional Bonds, in accor- dance with the procedures as herein modified and supplemented, set forth in the ordinances authorizing the Outstanding Bonds. The deposits required by this Section are cumulative of, and include, all deposits required to be made into said Reserve Account by all ordinances authorizing the Outstanding Bonds. Section 10. That the bonds authorized by this Ordinance are and shall be special obligations of said City, and the holder or holders thereof shall never have the right to demand payment of said obligations out of any funds raised or to be raised by taxation. Section 11. That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and pro- ceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said bonds. Section 12. That the City covenants to and with the pur- chaser of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be arbitrage bonds within the meaning of Section 103(d) of.the Internal Revenue Code of 1454, as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the bonds will not otherwise be used directly or in- directly so as to cause all or airy part of the bonds to be or be- come arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 13. That it is hereby officially found and deter- mined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. -5- . Section 14. That the proceeds of the Series 1974 Bonds shall be used solely for making improvements and extensions of the City's Electric Light and Power System which have been de- termined by the City Council to be necessary and economically feasible. Section 15. That the City Council officially finds, de- termines, and declares that said bonds have been duly advertis- ed for sale as required by the Home Rule Charter of said City; that sealed bids have been received at a public sale of said bonds held on June 25, 1974; that all of said bonds are hereby sold and shall be delivered to a syndicate managed or headed by Underwood, Neuhaus & Co., Inc. being the best bidder at said public sale, for the principal amount of said bopds, and accrued interest thereon to the date of delivery, plus a premium of $ -0- Section 16. It is further found and determined that the Official Notice of Sale for said bonds was duly published on May 23, 1974, in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying fi- nancial news and municipal bond sale notices, and on May 23, 1974, in the Denton Record-Chronicle, which has been designat- ed as the official newspaper of the City of Denton. The form and substance of said Official Notice of Sale, and the afore- said publications thereof, are hereby approved and ratified in all respects by the City Council. -6- t c Q l v U v t LAW OFFICES MSCALL,PARKHURST S HORTON 1400 MERCANTILE BARN BUILDING HORSY H.M CALL GAUL G.HORTON DALLAS,TEXAS 75201 JOHN D MLCALL 'a9z-.oe4 1 RCDCRT T.LCW~S WLLARO PARKHURST 1i0a197J PCTCR H. TART AREA CODE 214 746.05N CLARENCE C CROW 00003-194SP) ROT H.POIHSCTT RICHARD C.PORTCR June 25, 1974 Honorable Mayor and council of the city of Denton Denton, Texas Gentlemen: City of Denton Electric Revenue Bonds, Series 1974, $1,500,000 in compliance with Section 9.02 and Section 9.04 of the City Charter of the City of Denton, you are advised that the bids for the captioned issue of bonds have been tabulated and that we find that the bid of a syndicate managed or headed by the following: ~ S with the nds to bear interest at the rates therein ci- fied, with such bidder to pay par and accrued interest to date of delivery for said bonds, plus a premium of $ -0- , is the lowest and best bid received, and we recommend that it be accepted. We further certify that we have examined thg ordinance presently placed before the Mayor and Council for the pur- pose of autorizing the issuance of said bonds, and, in our opinion, the said proposed bond ordinance is legal, and the bonds to be issued thereunder will be valid and binding obligations of the City, payable from the Net Revenues of ; the City's Electric Light and Power System. Respectfully, MCCALL, PARKiiURST & HORTON Paul B. Horton SP• CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER 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 25TH DAY OF JUNE, 1974, at the municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said city Council, to-wit: Brooks Holt, City Secretary Bill Neu, Mayor Morris Kibler Tom D. Jester, Jr. Mrs. Lillian Miller George Schneider and all of said persons were present, except the following absentees: Miller and Jester thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS vr•- culy introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at-the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said ordinance 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 said Meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, a1•-3 purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for suc}. purfose; and that said Meet- ing was open to the public, and public notice of the time, place, and purpose of said Meeting wos given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby ap- proves, the aforesaid Ordinance; that the mayor and the City Secre- tary of said City have duly signed said ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED D SEALED t e 25th day of June, 1974. 00% A voh'ty Secretary Mayor (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby cer- tify that we prepared and approved as to legality the attached and following Ordinpnce prior to its pq~saqe as aforesaid, Cit City' A- ol-neiy Bon Attorneys t . ORDINANCE NO. 74-26 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON , WHEREAS, tho- bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on MAY 16, 1972; and WHEREAS, out of the bonds voted at said election, the following previously have been issued and delivered: $1,400,000 out of a voted total of $5,275,000, for the purpose of improving and extending the City's Waterworks System, represented by part of the Series 1972, and , $ 100,000 out of a voted total of $5,725,000, for the purpose of improving and extending the City's Sewer System, represented by part of the Series 1972; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Vernon's Articles 1111 through 1118. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1.That the said City's bonds are hereby author- ized to be issued in the aggregate principal amount of $2,000,000, for the purpose of providing $1,850,000 FOR IMPROVING AND EXTEND- ING THE CITY'S WATERWORKS SYSTEM, and providing $150,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM. Section 2. That said bonds shall be designated as the: "CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1974". Section 3. That said bonds shall be dated JULY 15, 1974, shall be in the denomination of $5,000 each, shall be number- ed consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: JULY 15 YEARS AMOUNT'S YEARS AMOUNTS 1976 $ 500000 1988 $1000000 1977 50,000 1989 100,000 1978 75,000 1990 100,000 1979 75,000 1991 100,000 1980 75,000 1992 100,000 1981 75,000 1993 100,000 1982 75,000 1994 100,000 1983 75,000 1995 100,000 1984 75,000 1996 100,000 1985 75,000 1997 100,000 1986 1000000 1998 100,000 1987 100,000 -1- Section 4. That the bonds scheduled to mature during the years, respecti.vely, set forth below shall bear interest at the following rates per annum: maturities 1976 through 1981, 6.500, maturities 1982 through 1986, 5.608 maturities 1987 through 1988, 5.808 maturities 1989 through 1990, 6.008 maturities 1991 through 1994, 6.208 maturities 1955 through 19981 6.258 Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the date; stated in the FORM OF BOND set forth in this Ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their schedul- ed maturities, shall have the characteristics, and shall be sign- ed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Ordinance. Section 6. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BOND SERIES 1974 ON JULY 151 19 , THE CITY OF DENTON, TEXAS, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of _8 per annum, evidenced by interest coupons payable JANUARY 15, 19751 and semi-annually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons apper- taining hereto shall be payable to bearer, in lawful money of tole United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Bonds: FIRST NATIONAL CITY BANK, NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BFARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS. THIS BOND is one of a Series dated as of JULY 15, 19741 authorized, issued, and delivered in the principal amount of $2,000,000 for the purpose of providing $1,850,000 FOR IMPROV- ING AND EXTENDING THE CITY'S WATERWORKS SYSTEM, and providing $150,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM. -2- I ♦ON JULY 15, 19891 or on any interest payment date thereafter, any outstanding bonds of this Series may be redeemed prior to their scheduled maturi- ties, at the option of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption tc be published at least once in a fi- nancial publication published in the City of New York, New York. By the date fixed for any such redemption due provision shall be made with the "Paying Agent" for the payment of the principal amount of the bonds which are to be so redeemed and accrued in- terest thereon to the date fixed for redemption. If such writ- ten notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be re- garded as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified and covenanted that this bond has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this bond have been performed, existed, and been done in accordance with law; that this bond is a special obligation; and that the principal of and interest on this bond, together with other revenue bonds of said City, are payable from, and secured by a first lien on and pledge of, the Net Revenues of said city's Waterworks and Sewer System. SAID CITY has reserved the right, subject to the restrictions .stated, and adopted by reference, in the Ordinance authorizing this Series of bonds, to issue additional parity revenue bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Net Revenues. THE HOLDER HEREOF shall never have the right to demand pay- ment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHEREOF, this bond and the interest coupons apper- taining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signa- ture of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxxxxx Comptroller of Pu is Accounts of- the State of Texas. -3- FORM OF INTEREST COUPON: NO. $ ON 15, 19 THE CITY OF DENTON, in the County of Denton, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, with- out exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at FIRST NATIONAL CITY BANK, NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS said amount being interest coming due that day on the bond, bearing the number hereinafter designated, of that issue of CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1974, DATED JULY 15, 1974. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Bond No. xxxxxxxx xxxxxxxx City Secretary Mayor section 7. (a) That the term "Outstanding Bonds," as herein- after used in this Ordinance, shall mean all of said City's pres- ently outstanding bonds which are payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Waterworks and Sewer System. (b) That the bonds authorized hereby are parity "Additional Bonds" as defined in the ordinance passed on July 12, 1960, authorizing the issuance, sale, and delivery of said City's Water and Sewer System Revenue Bonds, Series 1960. (c) That Sections 9 through 25 of said ordinance are hereby adopted by reference and shall be applicable to the bonds au- thorized to be issued by this Ordinance for all purposes, except to the extent hereinafter specifically modified and supplemented. The bonds,authorized to be issued by this ordinance and the Out- standing Bonds are and shall be on a parity and of equal dignity in all respects, and are and shall be payable from, and secured by a first lien on and pledge of, the Net Revenues of said City's Waterworks and Sewer System. Section 8. That, in addition to all other amounts requir- ed by the ordinances, respectively, authorizing the Outstanding Bonds, there shall be deposited into the Interest and Sinking Fund (created for the benefit of said Outstanding Bonds and all Additional Bonds) the following: (a) such amounts, in equal monthly installments, made on or before the last day of each month hereafter, as will be sufficient to pay the interest scheduled to come due on said Series 1974 Bonds on the next interest payment date; and (b) such amounts, in equal monthly installments, made on or before the last day of each month hereafter., commencing in July, 1975, as will be sufficient to pay the next maturing prin- cipal of said Series 1974 Bonds. -4- Section 9. That the Reserve Fund heretofore created for the benefit of said Outstanding Bonds and all Additional Bonds now contains money and investments not less than the sum of $387,581 in market value. On or before the last day of each month hereafter, an additional amount of at least $925 shall be deposited into the Reserve Fund from the pledged Net Revenues until an aggregate amount of money and investments at least equal to $444,000 in market value has been accumulated in the Reserve Fund. Thereafter, no additional deposits shall be required to be made into the Reserve Fund as long as the money and invest- ments therein are at least equal to the aggregate amount of $444,000 in market value; but if and whenever the Reserve Fund is reduced below said aggregate amount, deposits shall bemade into the Reserve Fund from the first available Net Revenues of the City's Water and Sewer System (after the required deposits have been made into the Interest and Sinking Fund) and continued until such time as the Reserve Fund has been restored to said aggregate amount; and the City covenants to keep and maintain said aggregate amount in the Reserve Fund. The Reserve Fund shall be maintained, used, and may be invested, for the benefit of the Outstanding Bonds, the Series 1974 Bonds, and all Addi- tional Bonds, in accordance with the procedures, as herein modi- fied and supplemented, set forth in the ordinances, respectively, authorizing the Outstanding Bonds. Section 10. That the bonds authorized by this Ordinance are and shall be special obligations of said City, and the holder or holders thereof shall never have the right to demand payment of said obligations out of any funds raised or to be raised by taxation. Section 11. That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and pro- ceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said bonds. Section 12. That the City covenants to and with the pur- chaser of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(4) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the bonds will not otherwise be used directly or in- directly so as to cause all or any part of th3 bonds to be or be- come arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 13. That it is hereby officially found and deter- mined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity -5- being that the proceeds from the sale of said bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. Section 14. That the City Council officially finds, deter- mines, and declares that said bonds have been duly advertised for sale as required by the Home Rule Charter of said City; that sealed bids have been raceived at a public sale of said bonds held on June 25, 1974; that all of said bonds are hereby sold and shall be delivered to a syndicate managed or headed by Texas Commerce Bank N. A.,Houston, Texas being the best bidder at said public sale, for the principal amount of said bonds, and accrued interest thereon to the date of delivery, plus a premium of $ -Q- Section 15. It is further found and determined that the Official Notice of Sale for said bonds was duly published on May ?.3, 1974, in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying fi- nancial news and municipal bond sale notices, and on May 23, 1974, in the Denton Record-Chronicle, which has been designat- ed as the official newspaper of the City of Denton. The form and substance of said Official Notice of Sale, and the afore- sz,id publications thereof, are hereby approved and ratified in all respects by the City Council. -6- . 1, ~ ' r ~ ~C ~ i ~ 1G' INS EMENEEMENE LAW OrFJOES r , MS CALL, PARKHURST & HORTON 1400 MERCANTJL£ BANK BUILDING MOODY M, CCALL PAUL B.NORTON DALLAS,TEXAS 75201 JOHN D WICALL 089&~1964 ROBERT T.LEWIS HILLARD PARKHURST 190649731 PETCR W TART ARLA COD[ 214 74E-9501 CLARENC C C CROWE 0DOJADO4 ROY M.PQINSETT WCNARD C.PORTER June 25, 1974 Honorable Mayor and Council of the City of Denton Denton, Texas Gentlemen: City of Denton Water and Sewer System Revenue Llonds, Series 1974, $2,000,000 In compliance with Section 9.02 and Section 9.04 of the City Charter of the City of Denton, you are ad- vised that the bids for the captioned issue of bonds have been tabulated and that we find that the bid of a syndicate managed or headed by the following: dt-u with the bonds to bear interest at the rates therein'speci- fied, with such bidder to pay par and accrued interest to date of delivery for said bonds, plus a premium of $ -o , is the lowest and best bid received, and we recommen3 that it be accepted. We further certify that we have examined the ordinance presently placed before the Mayor and Council for the pur- pose of authorizing the issuance of said bonds, and, in our opinion, the said proposed bond ordinance is legal, and the bonds to be issued thereunder will be valid and binding obligations of the City, payable from the Net Revenues of the City's Water and Sewer System. Respectfully, MCCALL, PARKHURST 6 HORTON Paul B. Hort r CERTIFICATE FOR ORDINANCE AUTHORIZING TEIE ISSUANCE OF GENERAL OBLIGATION REFUNDING 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 25TH DAY 01' JUNE, 1974, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Neu, Mayor Morris Kibler Tom D. Jester, Jr. Mrs. Lillian Miller George Schneider 4 and all of said persons were present, except the following absentees: Miller and Jester , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance 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 said Meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meet- ing was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby ap- proves, the aforesaid Ordinancel that the Mayor and the City Secre- tary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGN AND SEALED the 25th day of June, 1974. lam' City Secretary Mayor (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby cer- tify that we prepared and approved as to legality the attached and following Ordinance prior to its pass as foresaid. Ci Atto .Jiey Bo 6d Attorneys ORDINANCE NO. 74-25 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the following obligations of said City are pre- sently outstanding: City of Denton Certificates of Obligation, Series 1972, dated December 15, 1972, Certificates Numbers 1 through 10, in the denomination of $100,000 each, except Certi- ficate No. 1 for $85,000, aggregating $985,000 in prin- cipal amount, maturing December 15, 1982 through 1991, and bearing interest at the rate of 7% per annum; and and WHEREAS, the City is authorized to refund said obligations pursuant to the provisions of Vernon's Article 717k-3. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the said City's bonds are herebv authorized in the aggregate principal amount of $983,000, FOR THE PURPOSE OF REFUNDING THE OBLIGATIONS DESCRIBED IN THE PREAMBLE OF THIS ORDINANCE. Section 2. That said bonds shall be designated as the: 'CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 1974". Section 3. That said bonds shall be dated JULY 15, 1974, shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respec- tively, as set forth in the following schedule: MATURITY DATE: JULY 15 YEARS AMOUNTS 1976 $65,000 1977 55,000 1978 55,000 1979 55,000 1980 55,000 1981 50,000 1982 50,000 1983 50,000 1984 50,000 1985 50,000 1986 50,000 1987 50,000 1988 50,000 1989 50,000 1990 50,000 1991 50,000 1992 50,000 1993 50,000 1994 50,000 -1- Section 4. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: maturities 1976 through 1978, 7.25% maturities 1979, 5.758 maturities 1980 through 1982, 5.25% maturities 1983, 5.30% maturities 1984 through 19851 5.40% maturities 1986, 5.508 maturities 1987 through 1988, 5.608 maturities 1989 through 1990, 5.708 maturities 1991, 5.808 maturities 1992, 5.908 maturities 1993 through 1994, 6.00% Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the date> stated in the FORM OF BOND set forth in this Ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their schedul- ed maturities, shall have the characteristics, and shall be sign- ed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Ordinance. Section 6. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION REFUNDING BOND SERIES 1974 ON JULY 15, 19 , THE CITY OF DENTON, in Denton County, Texas, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of 8 per annum, evidenced by interest coupons payable JANUARY 15, 1§_75 and semi-annually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons apper- taining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Bonds: FIRST NATIONAL CITY BANK, NEW YORK, NEII YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS. THIS BOND is one of a series dated as of JULY 15, 1974, authorized and issued in the principal amount of $985,000, FOR THE PURPOSE OF REFUNDING OUTSTANDING OBLIGATIONS OF SAID CITY. IN ADDITION to all other rights, the holders of this Series of bonds have been subrogated to all pertinent and necessary rights of the holders of the obligations refunded hereby. -2- t ON JULY 15, 1989, or on any interest payment date thereafter, any outstanding bonds of this series may be redeemed prior to their scheduled maturities, at the option of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a financial publication published in the City of New York, New York. By the date fixed for any such redemption due provision shall be made with the "Paying Agent" for the payment of the principal amount of the bonds which are to be so redeem- ed and accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly authorized, issued, and deliver- ed; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authori- zation, issuance, and delivery of this bond have been performed, existed, and been done in accordance with law; that this bond is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all #axable property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law. IN WITNESS WHEREOF, this bond and the interest coupons apper- taining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signa- ture of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. L 4ereby certify that this bond has been examine-d, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxxxxx Comptroller of Public Accounts of the State of Texas. -3- 4 FORM OF INTEREST COUPON: NO. $ ON 15, 19 , THE CITY OF DENTON, in Denton County, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, with- out exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at FIRST NATIONAL CITY BANK, NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS, said amount being interest coming due that day on the bond, bearing the number hereinafter designated, of that issue of CITY Of DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 1974, DATED JULY 15, 1974. Bond No. xxxxxxx xxxxxxxx City Secretary Mayor Section 7. That a special "Interest and Sinking Fund' is hereby created solely for the benefit of said bonds, and said Interest and Sinking Fund shall be established and maintained by said City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept •eparate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said bonds. All ad valorem taxes levipd and collected for and on account of said bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the governing body of said City shall compute and ascertain a rate and amount of ad valorem tax which will be suffi- cient to raise and produce the money required to pay the interest on said hunds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such bonds as such principal matures (but never less than 28 of the original principal amount of said bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax de- linquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposi.ted to the credit of the afore- said Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said bonds, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 8. That the amount, if any, in the interest and sinking fund originally established for the obligations being refunded, together with the taxes heretofore levied and now in the process of collection for the benefit of said obli- gations being refunded, are hereby appropriated, and shall be transferred immediately, to the Interest and Sinking Fund creat- eQ herein. -4- Section 9. That in addition to all other rights, the hol- ders of said bonds shall be subrogated to all pertinent and neces- sary rights of the holders of the obligations being refunded thereby. Section 10. That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and pro- ceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said Bonds'. Section 11. That the Comptroller of Public Accounts of the State of Texas is hereby authorized and directed to deliver said bonds to the holder or holders of the obligations being refunded thereby, in exchange for, and upon surrender and cancellation of, a like principal amount of said obligations being so refunded, provided that all current and unmatured interest coupons are attached to each of said obligations surrendered for exchange. Said exchange shall be made in one delivery or in several install- ment deliveries. -5- . , , 7° ~ J F ~ I LAW OFFICES M4 CALL,PARKHURST S HORTON 1400 MERCANTILE CLANK BUILDING HOBBY H.F CALL PAUL WHORTON DALLAS,TEXAS 78201 JOHN 0 MECALL Fdpt1904 ROBERT T.LEWI! MILLARD ►ARKNURST `pObw0f0~ PETER M. TART AREA COO{ tq 744.9901 CLARENCE C CRCME'p03- 064 ROY M. ROINS ETT RICHARD C PORTER June 25, 1974 Honorable Mayor and Council of the City of Denton Denton, Texas Gentlemen: City of Denton General Obligation Re- funding Bonds, Series 1974, $985,000 In compliance with Section 9.02 and Section 9.04 of the City Charter of the City of Denton, you are ad- vised that the bids for the captioned issue of bonds have been tabulated and that we find that the bid of a syndicate managed or headed by the following: REPUBLIC NATIONAL BANK OF DALLAS, DALLAS, TEXAS, with the bonds to bear interest at the rates therein speci- fied, with such bidder to pay par and accrued interest to date of delivery for said bonds, plus a premium of $ -0- , is the lowest and best bid .received, and we recommence it be accepted. We further certify that we have examined the ordinance presently placed before the Mayor and Council for Ithe pur- pose of authorizing the issuance of said bonds, and, in our opinion, the said proposed bond ordinance is legal, and the bonds to be issued thereunder will be valid and binding obligations of the City, payable from ad valorem taxes with- in the limit prescribed by law. Respectfully, MCCALL, PARXHURST & HO~RTON Paul B. Horton