HomeMy WebLinkAbout05-1977
I
MAY 1777
• I
THE STATE OF TEXAS, 1 VOL .85 exE B
} KNOW ALL DlEN BY THESE PRESENTS:
COUNTY OF DENTON f1f DEED RECORDS
THAT L. A. NELSON, SR., AND WIFE, LUCY NELSON 16174
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00)------------------------ end other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas' the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
` described property,
owned by them . Situated in lenton County, Texas, in the
N. H. MeisenheirrerSurvey, Abstract No. 811
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
N. H. Meisenheimer Survey, Abstract No. 811 and being part of Lot No. 2,
Block B of the Brownwood Addition, an addition to the City and County of
Denton, and also being part of a tract of land as conveyed from Tobe Lee
Jones, Jr. and wife, Leah Kathryn Jones to L. A. Nelson, Sr, and wife,
Lucy Nelson by deed dated May 17, 1963 and recorded in Volume 494, Page
260 of the Deed Records of Denton County, Texas, and more particularly
described as follows:
BEGINNING at the northeast corner of said lot;
THENCE south along the east boundary line of said lot a distance of
51.55 feet to a point for a corner;
THENCE west a distance of 10 feet to a point for a corner;
THENCE north, 10 feet west of and parallel with the east boundary line
j of said lot, a distance of 47.4 feet, more or less, to a point for a
corner in the north boundary line of said lot;
THENCE northeast along the north boundary line of said lot a distance
1 of 10.8 feet more or less to the place of beginning and containing
494.75 square feet of land, more or less,
III
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 perpetually
maintaining drainage facilities in, along, upon and
across said premises, with tl.e right and privilege nt all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across j
said premises for the purpose of making additions to, improvements on and repairs to the said {
drainage facilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our hand , this the /esr ""aay of , A. D. 19 77 .
Lu ` A
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, l BEFORE ME, the undersigned auto ority,
COUNTY OF DENTON _ r
In on, ty, 'fexns, on this day personally appeared L. A ELSON, SR. A
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, the perso S whose names are subscribed to :he foregoing instrument, and acknowledged to me
t Opti G ey executed the same fur the purposes and consideration t,herei a rased.
`VF;N UNDER MY IIAND AND SEAL OF OFFICE, This % ' do o A D. 19 77
`J
Notary public, nt0❑ County, Texas
My Commission Expl:es June 1, 1977.
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS, I BEFORE ME, the undersigned authority,
COUNTY OF._._......_...... _....._........_...._.J
In and fo: sa!d County, Texas, on this day personally appeared
- and
his wife, both known to me to be the persons whose names are subscribed to the foregoing Instrument, and acknowledged
to me that they emir 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 for the purposes and consideration therein expressed, and that
she did not wish to retrnet it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ._.._..day A.D.
(L.S,) _
Notary Public . _-County, Texas
,My Oommission Expires June 1, 19
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the t Teralgned authority,
COUNTY OF
In and for said County, Texas, on this day personally appeared
wife of
known to me to be the per-ton 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 net and deed, and
not wleh to ratan shit had willingly signed the same for the purposes and consideration therein expressed, and that she did
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This ...........................day of..._................... A.D. 19_..,_....
(L.S.) .
Notary Public, .........................................................County, Texas
My Commission Expires June 1, 19.........
_
CLERK'S CERTIFICATE
THE STATE OF TEXAS, I,.................................... County
COUNTY OF.. _ . jefffInKfow coulm or DENTON
Clark of the County Court of said County, do hereTy ce~lfy ,b!tt[9reQolAg Ihotftmtet% of writing dated on the
day of, , A. ^'Vt RV `Ceit'ti'c' via; I. d t elh iention, was Aled for
9~ ~
i Oate sad l(me sla n wd r on ,
record In my office on the.,.. day of bor4ed 1n 4M /1 a 39, pr.c.;a~!bEle narrleu ectokk. M., and duly
recorded this day of.... p(,pgntonCountA,Tff: 14 _r.. y, Btrlcon bjm b'clock M., in the
Records of said Coin, IILYeTtlti , on pages.......,.....,
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office In
, the d eclerk ay an a b >i g~ritte Iqt?_ County, Texas.
(L 8.) By.__. COUNTY CURIL Dcrtan County, ?art
Deputy
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Bituminous COM AS!J=169
CERTIFICATE OF INSURANCE
Bituminous Casually Corporation Bituminous Fire and Marine Insurance Company
insuring company designated by 'Lx)"
~NAV[ AND ADDRESS OF PARTY TO WHOM THIS CERTIFIfATE IS ISSUED NAME AND ADDRESS OF INSURED
-1
The City of Denton Jeff Nolen, Inc, DBA
Contract Builders
County of Denton, Texas P. 0. Box 10063
Dallas, Texas 75207
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TYPE 1F POl1CY POLICY NUMBER POL16Y PERIOD LIMITS wor> men's Compensation Ins, Statutory
LC 535248 Eff, 5-1-77 EMPLOYER'S LIABILITY INS { 10QeOD~,
A H ~l Workmen's Compensation Ins, EaP 5~1-78
Employer's Liability Ins.
TYPE OF POLICY POLICY NUMBER POLICY PERIOD DUAL LIMITS Bodily injury liab. Pr~pe ty triage Lialt.
6. ~Ge7neral LlabiHty L a, A 807745 Eff. 5-1-77 EACH OCCURRENCE Qsm
II nV t CompreherslveGeneral ERp. 5-1-78 AGGREGATE { >~1 {~SQsm
Manufacturers' and Conrractors' SINGLE 101,43 Bodily hi jury hii and Property Damage liab._
C-I Owners', landlords' and Tenans' EACH OCCURRENCE {
1DX Contracruat AGGREGATE 1
[_X] OCP
L]X Completed Operations
TYPE OF POLICY POLICY NUMBER POLICY PERIOD DUAL LIMITS Bodily Injury liab, Property Oarri Liab.
C. AutomobibLlabllityIns. A 807745 Elf. 5-1-77 EACH PEASON { XXXX%
n Comprehensive Auto Eep 5-1-78 EACHOCCVRRENCE 1 Is
Baac Auto SINCLE LIMIT Bodily Injury flab, and Properly Oamage Llab.
Physical Damage EACH OCCURRENCE I.
ADDITIONAL ENTRIES;
MAXSON - MAHONEY TURNER
Constar /navnanev.lyrnra
3801 CPAAS SPRa70S, DALW,T!]W 73e10 - BPI•ItB
Charles L, Shaw IEI
si fcE 1913
LOCATION(S) ORJOI(3) COVERED;
Senior Citizens Facility and the remodeling of the existing Community Center for
the City of Denton, Department of Parke & Recreation
With respect to each type of policy, Insurance Is afforded only if an "X" is entered In the [I opposite one or more kinds of Insurance therevnder, and
then only for such kind, of Insurance to destgnsted, subject to all the provisions thereof. This Certificate of Insurance neither affirmallvery nor negatively
amends, tetence or alters the coverage allici by the policy a policies designatd above by policy number or nurbers Issued by the Insuring Company.
'MU%8 O lEY~TU r In1NC. Dallas, Texas
oared 5-1-77 By
Jay ~J I le eprnantait location
~ P.in 16-711 +C
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD
DAY OF MAY, A. D. 1977.
R E S O L U T I O N
WHEREAS, Section 14.03 of the City Charter of the City
of Denton requires the City Council to annually select and
I
designate the official newspaper of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS)
That the NTOHC~O/1~/POd~/~L~
is hereby designated as the official newspaper for the City
of Denton, Texas.
'
PASSED AND APPROVED this the .,rd day of may, A. D. 1977.
E1,INOR HUGHES, OR
CITY OF DENTON, TEXAS
ATTEST-
S L , C 'SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS 'PO LEGAL FORMS
PAUL ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
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No._ 77 - A!
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 25-8 OF ARTICLE 1, CHAPTER 25 OF THE CODE OF ORDINANCES PRO-
HIBITING CERTAIN CONDUCT AFFECTING ELECTRICAL METERS, ELECTRICAL METER
TERMINAL BOXES, ELECTRICAL CONDUCTOR, WATER -1ETERS AND WATER DISTRIBUTION
MAINS AND LINES OWNED BY SAID CITY, AND HAZARDOUS TO THE HEALTH, SAFETY
AND GENERAL OELFARE OF THE SUBSCRIBERS TO THE ELECTRIC AND WATER SERVICES
OF SAID CITY AS WELL AS TO THE PUBLIC GENERALLY; PROVIDING DEFINITIONS
AND EVIDENTIARY PRESUMPT ONS; PROVIDING FOR A PENALTY THEREFOR; PROVIDING
A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
PART I.
That Chapter 25, Article I, of the Code of Ordinances of the City
of Denton, Texas, shall be, and the same is hereby, amended so that
Section 25-8 shall hereafter be and read as follows:
"Section 25-8 - ELECTRICAL METERS, ELECTRICAL METER TERMINAL
BOXES AND SUPPLY CONDUCTORS; WATER METERS
AND WATER DISTRIBUTION MAINS AND LINES; CER-
TAIN ACTS PROHIBITED,
(a) It shall be unlawful for any person, other than an officer
or employee of the City of Denton within the department of electric
utilities or fire departma:Lt, to knowingly or intentionally (1) re-
move or cause to be removed any electrical meter owned by said city
from any electrical meter terminal box, (2) remove or cause to be re-
moved the cover or any other part or portion from any such meter or
terminal box, or loosen or cause to be loosened any part or portion
thereof, (3) insert or cause to be inserted any foreign object or in-
ject or cause to be injected any foreign substance into any such meter
oz terminal box, (4) make or cause to be made any adjustment in the
mechanism of any such meter, or (5) tap onto or connect or cause to
be tapped onto or connected any wire to the supply conductor of any
such terminal box.
In the prosecution of any offense charged under subsection (a)
('l) hereof, it shall be a complete defense to such offense if the per-
df
son charged shows to the court by legal and competent evidence (1)
that such meter was removed for the purpose of protecting life or pre-
serving property being immediately threatened by a hazard on the pre-
mises served by such meter, (2) that such meter was removed for the
.
t
purpose of preventing a hazard to the structure served by it d.ue to a
short circuiting in the electrical conductor tetween the terminal box
in which such meter was housed and a main line switch or fuse box, or
(3) that such meter was removed by a duly licensed electrician to
facilitate the repair of defective electrical conductor or for check-
ing supply voltage, and at a time when an employee of said city with-
in said department of electric utilities was not available to remove
such meter.
In the event of the removal of any electrical meter by a duly
licensed electrician under the circumstances last hereinabove enume-
rated, the fact of such removal and the circumstances permitting the
same must be reported to the superintendent of the electric distribution
division of said department of electric utilities or his authorized
representative by such electrician not later than one hour after the
commencement of the work day of such municipal employee next following
such removal,
(b) Unless written permission be first obtained from the superin-
tendent of the water distribution division of the Department of utilities
of said city, it shall be unlawful for any person, other than an
•
officer or employee of said city within said Department of Utilities,
to knowingly or intentionally (1) tap onto or connect or cause to be
tapped onto or connected any pipe with any water distribution main or
line owned by said city (2) disconnect or cause to be disconnected any
such water meter from any such water distribution main or line owned
by said city, (3) remove or cause to be removed the cover from any
such water meter, or (4) disconnect or cut off the water service a
structure, dwelling or building.
(c) In the event any such wve- meter be found to have been re-
moved, or the cover or any part or portion of any such meter or ter-
minal box be found to have been removed, or any part or portion thereof
be found to have been loosened, or any foreign object be found to have
been inserted, or any foreign substance be found to have been injected
into any such meter or terminal box, or any adjustment be found to have
been made its i:he mechanism of any such meter, or any wire having been
found to have been tapped onto or connected to the supply conductor of
any such terminal box, or if any pipe be found to have been tapped onto
or connected with any such water distribution main or line, or if any
.2-
i
such water meter be found to have been disconnected from any such water
distribution main or 1•ine, or if the cover of any such water meter be
found to have been removed, or the finding at any time of any fact,
circumstance or condition on or about any such electrical mete:, ter-
minal box, conductor, water meter or water distribution main or line
tending to show or evidencing that any such act or acts have been com-
mitted or performed in violation of any portion or ;ir--rision of this
ordinance, the same shall be and constitute prima facie evidence and
a rebuttable evidentiary presumption of knowledge on the part of the
person having subscribed for electric or water service through any such
electric or water meter, of the person having the custody, control or
management of the building, room, or place for which such subscription
is made, of the performance or commission of any such act or acts pro-
hibited under the terms and provisions of subsections (2) and (b) here-
of, that such subscriber or other person performed or committed such
act or acts or caused or occasioned the performance or commission of
the same, and shall bring such subscriber or other person prima facie
within the scope, meaning and penalties hereof.
(d) As used herein, the word "person" shall extend and be applied
to associations, corporations, firms, partnerships and bodies politic
and corporate as well as to individuals."
PART 11.
Any individual,. association or corporation violating any portion
or provision of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction therefor, shall iq punished by the assessment of
a fine not exceeding Two Hundred Dollars ($200.00), and each day and
every day that any such portion or provision of this ordinance be so
violated shall constitute a separate and distinct offense.
PART III.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to an/ person
or circumstances is held invalid by any court of competent jurisdiction,
such holding shall not affect the validity of the remaining portions
of this ordinance, and the City Council of the City of Denton, Texas,
14
hereby declares it would hove enacted such remaining portions despite
any such invalidity.
PART IV.
That this ordinance shall become effective fourteen (14) days from
the date of its passage, and the City Secretary is hereby directed to
cause the caption of tkis ordinance to be published twice in the Denton
Record-Chronicle, the :~filcial newspaper of the City of Denton, Texas,
within ten (10) days of the date of its assage.
PASSED AND APPROVED This the 3 vy~ day of May, A.D. 1977.
ELINOR H GUE , YOR
CITY OF DENTON, TEXAS
ATTEST:
T SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
.
r)AUL C.- ISHAM, CITY CITY OF DENTON ATTORNEY
, TEXAS
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SPECIAL WARRANTY DEED
CASH WARRANTY DEED
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D-77-128 RF
DEED RftO~ iva~ 830 fAc~362
THE STATE OF TEXAS ~
COUNTY GF DENTON KNOW ALL MEN BY THESE PRESENTS:
10981
That SOUTHWESTL.RN STATES MANAGEMENT CO.,a Missouri Corporation,
acting herein by and through its duly authorized officer
(her?inafter called "Grantor" whether one or more, masculine, feminine or neuter) for and in consideration
of the sum of TEN and no/100 DOLEARS and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, paid by
CITY OF DENTON
(hereinafter called "Grantee," whether one or more, masculine, feminine or neuter), for Which no lien is
retained either express or implied, have Granted, Sold and Conveyed, and by these presents do Grant,
SO! and Convey, unto the said Grantee all that certain real property located in Denton County,
Texas and described as follows: Description attached and made a part hereof:
TRACT NO. 1
1
All that certain tract or parcel of land situated in the
B.B.B. & C.R.R. Survey, Abst. 185, Denton County, Texas,
and being a part of that certain tract decded by J. A.
Carroll to the Missouri, Kansas & Tezac R.R. Co. on October 9,
1E85, recorded in Volume 28, Page 403, Deed Records of Denton
County and being more fully described as follows:
BEGINTNING at the Northwest corner of Block 14 of the B.B.B. &
C.R.R. Survey, Abst. 185;
THENCE North 890 211 19" E. 385.55 ft. to the East R.O.W. of
60 ft. road, an iron pin, the true point of beginning;
11MCE North 890 21' 19" E. 27.21 ft. to a point 50.0 ft. from
the centerline of the main track of the P. R,R., a 60 penny
nail in the cross tie;
THENCE with a curve to the left whose tangent bearing is S.
200 54' 36" W. and radius is 1959.86 ft. a distance r,f 325.55
ft. to an iron pin;
TlTEh'CE S. 890 18' 50" W. 121.17 ft. to the East R.O.W. of a 60'
road, a railroad spike driven lu a concrete slab;
THENCE N. 300 28' E. with said R.O.W. 363.7 ft. to the true point
of beginning and containing 0.497 acres.
TRACT NO. 2
All that Ler*_ain tract or parcel of land situated in the B.B.B. &
C.R.R. Survey, Abet. 185, Denton County, Texas, and being a part
of that certain tract deeded by J. A. Carroll to the ltissouri,
Kansas and Texas R.R. Co. on October 99 1885, recorded in Volume
28, Page 4039 Deed Records of Denton County and being more fully
described as follows:
BEGINNING at the Northvest corner of Block 14 of the B.B.B. & C.
R.R. Survey, Abet. 185;
T1f u N. 890 21' 19" E. 315.47 ft, to the West R.O,W. of a 60'ft.
road and the true point of beginning, an iron pin;
JJTNCE S. 300 28' W. 340.59 ft. to a point of tangency of a curve
to the right, an iron pin;
THENCE with said curve whose radius is 1937.02 ft. a distance of
96.91 ft., an iron pin{
THENCE leaving said curve radially N. 560 40' W. 62.00 ft. to the
East R.O.W. of Bell Ave., a hole drilled in a concrete slab$
THENCE S. 00 411 10" E. With said East R.O.W. 207.17 ft., an iron
pint
r THENCE % 360 12' E. 71,92 fc, to a point of tangency of A curve
_J ~~u.~'tt*```''td t1t«•.1~►tti a8. iitod•~d) . ;
r
luith. sold curve whose uadju$ is 1991.02 ft, passing an
,11&316 AV 10,10,ft0 40A d6btinuiftj r total distance ot~199~83
ft., an iron pin; r '
I
tvo~ 836 ~acE 364
This Deed is executed and delivered subject only to the following:
1. Present restrictions, reservations, covenants and dedications,
if any, existing against said property;
2. Existing Building and Zoning Ordinances, if any;
3. Rights of parties in possession;
4. Easements or Licenses, whether recorded or unrecorded, covering
utility lines, railroad tracks, drainage courses and communica-
tions lines now existing; encroachments and agreements of any
kind or character affecting the above describ?d premises.
5. Mineral reservation in favor of Missouri-Kansas-Texas Railroad
Company contained in Special Warranty Deed dated April 30, 1974,
from said Reilroad Company to Seller herein as recorded in Volume
705, Page 83, Deed Records of said County.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
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3(ati}4!E•Y'li ii(X85d~ iiA{$4)U4kX94K~{~9}4EXof3~l
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
and appurtenances thereto In anywise belonging unto the said Grantee, his, her or its successors, heirs
and assigns, as the case may be, forever; and Grantor does hereby bind Grantor and Grantor's successors,
heirs, executors and administrators, as the case may be, to Warrant and Forever Defend all and singular the
said premises unto the said Grantee and Grantee's successors, heirs and assigns, as the case may be, against
eve y person whomsoever lawfully claiming, or to claim the same, or any part thereof, 'by , through or
under fir but not otherwise.
Executed this 19th day of May 19 77
Witness at request of Grantor:
S O..UTHWES TEPS.. S TA.TF,$..14ANAGE MEt~ x... CO .
Ice President i; General Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS, 1
CdBIdfiY OF DALLAS j BEFORE ME, the undersigned authority,
ina, f~id County, Texas, on this day personally appeared N.~.. C)....Brandt, Vice..~res.ide{It . & GenQ►"di.,...
`\r Mana9 r 'of Southwestern States Management Co.,
° \ to mto'be th j that
, now•n he rxdcLted the person whose name 5 subscribed to the foregoing instrument, and acknowledged to me t
the same or the purposes and cr.nsideration therein expressed.
GIilEN~ PNDER MY HAND AND SEAL OF OFFICE, This ay f. M , A.D. 19 %
,III'"n,u,,,,,,.•`'~ No a1y Yu Gt 2 t..,,..Dajjd5 _.County, Texas
.r My Commission Expires)(giXXkX;WA...j1_1-77
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF BEFORE ME, the undersigned authority,
in and for said County, Texas, on this day personally appeared
known to me to be the person whose;ame subscribed to the foregoing instrument, sad acknowledged to me that
he. . executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19..........
IL,S.)
Notary Public, County, Texas
My Commission Expires June 1,J- tx n19rta
ACKNOWLEDGAR"v m-
COtlttTY CLLK D.rrt°n Coi, dy. Tsos
THE STATE OF TEXAS, 1 hsfeUY t , y 11 4.1,; tn.t um.mt "f iwe on tie
COUNTY OF. d •te end t ms r3 094& MP;ie!8~ a authority,
In and for said County, Texas, on this day personally appeared rad,4.l2thV Y°t *e end q Of the ~ tx t
.
of 6'nhm Counh. Tabs ~s sSUM* t mrpa fli ta~,
known to me to be the person whose name subscribed to the oing instrument, d %*?rC0% 1Qgod`tn me that
he. . executed the same for the purposes and consideration there z r° d 0 ,
GIVEN UNDER MY HAND .t NI: £AL OF OFFICE, This ; day of , A.D 19..._.....
IL.S.) r"' cs•... CpGT(fY_CL[ttlls Ganhil OoWta'....
Notary Public, ..County, Texas
My Commission Expires June 1, 19 .
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, 13EFORE ME, the undersigned authority,
COUNTY OF _
In and for said County, Texas, on this day personally appeared...-
._._.__._.krown to me to be the person and officer
whose name is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said
-SOUTHWEST
a corporal on, an hat a execu d e same as a act o such corporation for the purposes and conaid; ration thenln
expressed, and In the capacity therein slated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ...._._..._...._..-day of...... may-_' A.D. 1971_
ti (L8.) Notary Public, . County, Texas
My Commission Exolres June 1, 10..._...
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836 36
FAQ 5
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THE STATE OF TEXAS,
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
s
THAT JAMES R.LOTT DEED RECORDS
110es
of Denton County, T e x a s , in consideration of the sum of
- - - - - - o n e D o l l a r ($1.00) - - - - - - - - - - - - - - - - and other good and valuable consideration
in hand paid by t he C i t y o f De n to n, T e x a. s receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to t h e C i t y o f D e n to n, T e x a s, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
f li
oVned by h i m . Situated in D e n t o n County, Texas, in the
E . P u c h a l s k i Survey, Abstract No. 996
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
E. Puchalski Survey, Abstract No. 996, and being part of Lot No. 2 of
the Whitten Addition, an addition to the City and County of Denton, and
also being part of a tract of land as conveyed from Gladys Whitten to i
James R. Lott by deed dated August 1973 and recorded in Volume 682,
Page 481 of the Deed Records of Denton County, Texas, and more parti-
cularly described as follows:
I
BEGINNING at a point in the south boundary line of said Lot 2, same being
the north right of way line of West Hickory Street, said point of beginn-
ing being 40.0 feet north 870 47' east of the southwest corner of said
Lot 2, and also being 380.0 feet north 87° 47' east of the intersection
of the north right of way line of West Hickory Street and the east right
of way line of Bonnie Brae Street; r
THENCE north 0° 16' east a distance of 150.0 feet to a point for a corner
THENCE :north 87° 47' east a distance of 16.0 feet to a point for a corner
THENCE south 00 16' west a distance of 150.0 feet to a point for a corner
in the south boundary line of said Lot 2, same being the north right of `
way line of West Hickory Street; I
THENCE south 87° 47' west along the south boundary line of said Lot 2,
same being the north right of way line of West Hickory Street a distance
of 16.0 feet to the place of beginning and containing 2400 square feet
of land, more or less.
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 thepurposeofconstructing , installing, repairing and perpetually
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,
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, or
any part thereof.
TO HAVE AND TO HOLD unto the acid City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness my hand , this the a0 day JJ
17 7 .
e 004w,"11
OTT
VOL OJU ml e~l~
-G~97
7QSr- 7- o f /
SINGLE ACKNOWLEDGMENT vot 836 DACE 502
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF,DENTON
in and for said County, Texas, on this day personally appeared .....jam-e.s_. ,Lott__
known to me ti l;d the'yersnn whose name 1 S subscribed to the foregoing instrument, and acknowledged to me
,t4 &'t he exec ed'%% sr- for the purposes and consideration therein expressed. ,
GIVEN UNDER' K HAND AND SEAL OF OFFICE, This of A.1), 197
Notary Public, D 2 fl to B County, Te.cas
f My Commission Expires June 1, 197/
STATE OF TEXAS, JOINT ACKNOWLEDGMENT
BEFORE ME, the undersigned authority,
COU 1L4F.,.r -
In and for said County, Texas, on this day personally appeared
an,...---
his wife, both known 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 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 A.D. 1D___.
(L.S.) -
Notary Public, Texas
My Commission Expires June 1, 19
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 tho some fully explained to her, she, the said.....,...........
acknowledged such instrument to be her act and deed, and
she declared that she had willingly sign d the tame for the purposes and conslderation 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,
..........I--............. .
Notary Public, County, Texas
My Commission Expires June 1, 19............
CLERK'S CERTIFICATE
THE STATE OF TEXAS, 1 County
COU11T1' Df DtKItA COUNTY OF Inn of TM I
0 t fa ntr, terns
Clerk of the County Court of said County, do berm r 100pj jgj*gak*#rument of writing dated on the
i hertby r
day of.................................................... ~rsnlulAe ald6dben9m►klYeittdl72FE~f~IJ. a of Authentication, was ftled for
record In my oBice on the... ...............day of........ .Ddt6.od-In- 4 relume end Pat of he ppaamad nmotss.___....o'clock._ M., and duly
ElpsalaoCoudY,~eanti sll, recorded this day of......... A~~~.77D. 19 at_ _ . o'clock M., In the
t............. RecordWsa` Cdnlftly, in Volame-.......:... , on Doges.........
WITNESS MY HAND AND SEAL OF THE a ~-COURTof s~ County, at office In
e A01 n i
e
• Ce.
~~~edrtdsn.S?vN!!7e~ ................................County, Texas.
(L s 1 By , Deputy.
x E
C4
E a ~ ~ e
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W b }EllON'A lie
3C 11-
$ 1~r Ay~l.3 t
T•1 Owner Policy-Form Freurlbed by State bard of tneura n•eof Tezor-ired 1970, Code SIt
GF B3279 `
STE`VART TITEE
G U A R A N T Y C O M P A N Y
r
STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby guar-
antee to the herein named Insured, the heirs, devisees, executors and administrators of tho Insured, or if a corporation, its
successors by dissolution, merger or consolidation, that as of the date hereof, the insured has good and indefeasible title to
the estate or interest in the land described or referred to in this policy.
e
The Company shall not be liable in a greater amount than the actual monetary loss of the insured, and in no event shall
the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its {
own cost defend the Insured In every action or proceeding on any claim against, or right to the estate or Interest in the land,
or any porl thereof, adverse to the title to the estate or Interest in the land as hereby guaranteed, but the Company shall
not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep-
tions In Schedule 8 hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and
Stipulations hereof. The party or parties erdtled to such defense shall within a reasonable time after the commencement +
of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of
the action or proceeding, and authority to defend. The Company shall not be liable until such adverse Interest, claim, or {
+ right shall have been held valid by a court of lost resort to which either litigant may apply, and if such adverse interest,
r claim, or right so established shrill be for less than the whole of the estate or Interest in the land, then the liability of the {
Company shall be only such pat of the whole liability limited above as shall bear the some ratio to the whole liability that {
the adverse interest, claim, or right established may bear to the whole estate or Interest in the land, such ratio to be based
on respective values determinable as of the date of this policy. In the absence of notice as oforemid, the Company is re.
+ lieved from oil liability with respect to any such interest, claim or right; provided, however, that failure to notify shall not r
prejudice the rights of the Insured if such insured shcll not be a party to such action or proceeding, nor be served with pro-
cess therein, nor have any knowledge thereof, nor in or,y case, unless the Company shall be actually prejudiced by such
failure.
+
+ Upon sale of the estate or interest to tn,- land, this policy automatically thereupon shall becomg a warrantor's policy f
and the insured, the heirs, devisees, executors and administrators of the insured, or if a corporation, its successors by dis-
solution, merger or consolidation, shall for a period of twenty.flve years from date hereof remain fully protected according
to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any warranty of title +
contained In the transfer or conveyance executed by the InsurnJ conveying the estate or interest in the land. The Com-
+ pony shall be liable under sold warranty only by reason of defects, liens or encumbrances existing prior to or at the dote {
+ hereof and not excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed r
the amount of this policy.
+
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by Its President
+ under the seat of the Company, but this policy Is to be valid only when it boors on authorized countersignature, as of the
dote set forth in Schedule A. +
+
STEWART TITLE
%e auu■n eo■ean r
i tt,l
,
4 .0
Chairman {
f
e +
(A4W~4~No Freddanf
MIA
0 962037A
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4
GENERAL CONDITIONS AND STIPULATIONS
1. Definitions
The following terms when used in tits policy meant
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by
law constitute real property,
(b) "public recordi't Those records which impart constructive notice of matters reloting to the land,
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the insured by
reason of any public records.
(d) "date": The effective date, including hour if specified.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by r, zson of the followings
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the
puEtic records at the date hereof; and the consequences of any low, ordinance or governmental regulation Including, but
not limited to, building and zoning ordinances. 40
(d Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other en.
Pities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, :.ays, gulfs
or oceans, or to any land extending from the line of mean 'ow tide to the line of vegetation, or to lands beyond the lino
of the harbor or bulkhead lines as established or changed by any government, or to filled-In lands, or artificial Islands, or
to riparian rights, or the rights or Interests of the State of Texas or the public generally in the area extending from the line
of mean low tide to the line of vegetation or their right of access thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims against the title as Insured or other matters (1) creote~* suffered, as-
sumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured of the date of this policy unless
disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss
or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the
homestead or community property or survivorship rights, If any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the
Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, of its
option, the name of the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Com-
pany all reasonable old In any such action or proceeding, In effecting settlement, securing evidence, obtaining witnesses,
or defending such action or proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever if is required to defend any action
or proceeding, and such counsel shall have full control of sold defense.
(c) Any action taken by the Company for the defense of t he Insured or to establish the title as insured, or both, shall not
be construed as an admission of liability, and the Company shall not thereby be held to concede liability or waive any pro.
Vision of this policy.
4. Payment of loss
(a) No claim shall orise or be maintai-able under this policy for liability voluntarily assumed by the insured In settling
any claim or suit without written consent of the Company.
(b) All payments under this policy, except payments made for costs, attorney fees and expr ,.s, shall reduce the
amount of the Insurance pro Panto; and the amount of this policy shall be reduced by any amount the Company may pay
under any policyy Insuring the validity or priority of any lien excepted to herein or any Instrument hereafter executed by
the Insured whlch is a charge or lien on the land, and the amount so paid shall be deemed a payment to the insured under
thh policy.
(c) The Company shall have the optic- io pay or settle or compromise for or In the name of the insured any claim in-
sured against by this policyy, and such payment or tender of payment, together with all costs, attorney fees and expenses
which the Company is oblt,tated hereunder to pay, shall terminate all liability of the Company hereunder as to such
claim. Further, the payment or tender of payment of the full amount of this policy by the Company slsall terminate oil
liability of the Company under this policy,
(d) Whenever the Company shall have settled o claim under this policy, all right of subrogation shall vest In the Corn.
pony unaffected by any act of the Insured, a -d it shall be subrogoted to and be entitled to all rights and remedies of the
Insured against any person or property in respect to such claim. Tho insured, if requested by the Company, shall transfer
to the Company all rights and remedies against any person or property necessary In ordor to perfect such right of subro•
gallon, and sholl permit the Company to use the name of the Insured in any transaction or litigation Involving such rights
or remedies.
S. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, orising out of
the status of the title Insured hereunder, must be based on the provisions of this policy, and all notices required to be given
the Company, and any statement in writing required to be furnished the Company, shall be addressed to it at P. O. Box
2029, Houston, Texas 77001.
6, This policy 1s not transferable,
r
0 if
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aj 8_12_77 SCHEDULE A
OF No. B3279
Owner Policy No.O 962037A Date of Policy May 26, 1977
Amountof TWO THOUSAND SIX HUNDRED SIXTY AND N01100 ($29660.00) DOLLARS
1. The estate or interest in the land insured by this policy is: (Fee Simple, Leasehold, Casement, Etc. Identify or Describe)
FEE SIMPLE
2, The land referred to in this policy is described as follows:
Being situated in the E. Puchalski Survey, Abstract No. 996, Denton County,
Texas, and being more fully described in Exhibit "A" attached hereto.
3. NAMEOF INSURED: CITY OF DENTON$ TEXAS
SCHEDULE B
This pohc~* is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements
insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of
this policy:
1. Restrictive covenants affecting the land described or referred to above.
2. Any discrepancies, conflicts, or shortages In area or boundary lines, or any encroachments, or any overlapping of
improvements.
3. All taxes for the year 19 77 and subsequent years.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s):
5. Rights of patties in possession,
6. Any visible and apparent roadway or easement over or across the subject property,
the existence of which does not appear of record.
Fold -Fold
Countersi
JA00 S CT COMP
ANYs C.
HTH VAIC'I' TITLE;
OVAMANT► COMPAN►
9y
uth er4 Ceu + nature
Conhnuabon Form ; 03-A-T
Attached to and made a part of Stewart Title Guaranty Company Policy No. 0962037A
Continuation of Schedule A, No. 2,
EXHIBIT "A"
All that certain Yot, tract or parcel of land lying and being situated in the City
and County of De*,ton, State of Texas, and being part of the E. Puchalski Survey,
Abst. No. 996, End being part of a tract of land as conveyed from C.M. Griffin, Jr.,
to Ruth Orleans and Jerry M. Hamovit by deed dated December 4, 1968 and recorded
iT, Volume 577, Page 77 of the Deed Records of Denton County, Texas, and more
particularly described as follows:
BEGINNING at the intersection of the South right-of-way line of West Hickory Street
and the East right-of-way line of Avenue "E", same being the Northwest corner of
said tract;
THENCE East along the South right-of-way line of West Hickory Street, a distance
of 10 feet to a point for a corner;
THENCE South 10 feet East of and parallel to the East right-of-way line of Avenue "E",
a distance of 150 feet to a point in the South boundary line of said tract, for a
corner;
THENCE West along the South boundary line of said tract, a distance of 10 feet
to a point for a corner in the East right-of-way line o' 'venue "E", same being
the Southwest corner of said tract;
THENCE North along the East right-of-way line of Avenue "E", a distance of 150
feet to place of beginning.
AT74CIIED TO AND MADE A PART OF
STt',VARr TITLE GUARANTY COMPANY
POIC tE 62037A
CO SCHEDULE 2.
C N1 D0C P Y, I
Alit NT G ATUBE
POGO
hTL•AVART "!'I'I'LU"
oo.3rxarr cn>lra.rr
,114010 A
r
1
A-96--WARRANTY DEED-With CmuLl Ud Capomtioe Achmowledgmmu 7~ MARTIN Stationery Ca, DsU"
THE STATE OF TEXAS, Know All Alen By These Presents:
County of....... U TON......._
DEED RECORDS
That RUTH ORLEANS ANO JERRY M. HAMOVIT
of the County of Denton , State of Texas for and in consideration of
tbesumof
TWO THOUSAND SIX HUNDRED SIXTY & No/100 ($2,660.00) DOLLARS, j
to them inhandpaitrby the City of Denton, Texas, a Municipal
Corporation
t
have Granted, Sold and Conveyed, and by these presents do Grant, Sell asd Convey unto the said
City of Denton, Texas, a Municipal Corporation
of the County of Denton , State of Texas all that certain
lot., tract or parcel of land lying and being situated in the City and
County of Denton, btate of Texas, and being part of the E. Puchalski
Survey, Abstract No. 996 and being part of a tract of land as conveyed
from C. M. Griffin, Jr. to Ruth Orleans and Jerry M. Hamovit by deed
dated December 20, 1968 and recorded in Volume 577, Page 77 of the Used
Records of Denton County, Texae, and more particularly described as
follows$
BEGINNING at the intersection of the south right of way line of West
Hickory Street and the east right of way line of Avenue E same being
the northwest corner of said tract]
THENCE east along the south right of way line of West Hickory Street a
distance of 10 feet to a point for a cornerf
THENCE south 10 feet east of and parallel to the east !sight of way line
of Avenue E a distance of 150 feet to a point in the south boundary line
of said tract for a cornerf
THENCE west along the south boundary line of said tract a distance of
10 feet to a point for a corner in the east right of way line of Avenue
E same being the southwest corner of said tractf
THENCE north along the east right of way line of Avenue E a distance of
150 feet to the place of beginning and containing 1,500 square feet of
land, more or less.
IVOI 837 CacE247
e
c VOL 837 I-AE 248
To HAVE AND TO HOLD the above described premises, together with all and singu.ar, the rights and
appurtenances thereto !n anywise belonging unto the said City of Denton, Texasr its successor
Atiilis and assigns forever; and theydo hereby bind themselves, their
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texasr a Municipal Corporation,oits successors
*AM and assigns, igainst every per. on whomsoever lawfully claiming, or to daim the same, or any part
r
thereof,
r.
vtow thei" at Bern-ORT- "as this. 14 M day of
'Cd" , A.D. 19 77
W1 at uest
0%
CZ to
r 17 C bR5..
............................n+ .'Lt4 Val t .........r.....
c..~~''°v.,...._..w._........
i LJ
,b/67e,07- CO4taNe3iiT ACKNOWLEDGMENT
THE STAB OF TE"S
BEFORE ME, the undersigned authority,
COUNTY OF......... DENTON.................
In and for said CountR Texas, on this day personally appeared . . ORLEANS AND..JERRY M a_.... 0 , R...........UTH _ ._.................._...........H ........._.....IT
.
wn'}tptepoV,,the person ..._.wbose name... 9.......are.subscdbed to the foregoing instrument, and acknowledged to me that
.,._.t e_,.y_..eWutti same for the purposs and consideration therein expressed.
GIV 1 NDERtite Y HAND AND SEAL OF OFFICE, This ....../.4 da oL.._
A.n. t9.._7...
''tr✓.......... . e.............
r ~
Notary Public fl4'm~J1~............_.......Connty fleas
My Commission Expires fu e..... rlt 19....7..7..
ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE J{E, the undersigned authority,
COUNTY OF.........
1n and for said County, Texas, on the day personally appeared....
known to me to be the person . whose name _...._..aubscribed to the foregoing instrument, and acAnowledged to me that
_........be.._._.eimted the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ,.._.day of....... . ..A.D. 10_....._
Notary Public,...... ...County, Texas
My Commission Expires June..._.._...... 10............
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF.......................
In and for said County, Texas, on this day personally appeased..........
known to me to be the peron and officer
whose name Is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said
a corporation, and the. he executed the same as the ad of such corporation tr, the purposes and consideratlon therein expressed, and to
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..........day of..._..... A.D. 10...........
r.._.
(US.)
Notary Tom
My Commission Expires June............ 10..........
THE STATE OF TEXAS,
COUNTY OF.............. .................w...................
County Clerk of the County Court of mild County, do hereby certify that the foregoirg Instrument of writing dated on the.__...._.._
day of---. _W........._ , A.D. 10._.._„ with Its Certificate of Authentication, was AW for record to my office
on the Amy of..._.._.._.... , A.D. f0_ at..._......... o'clock _M.. and was duly worded this........._
day of........... A.D. f0........, at,......... a'dock........., .w.. M., in the Records of said County, In Vol-
uma.» w W oa poges
WITNW my hand and seal of the County Court of said County, at my ova la » .flee day and yeas fast above written.
Clerk County Court ...._..............ti .......County, Texas
IL. s.l _...........W_.....,.,.....,.............. Deputy.
i
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T4 Owner Poncy-form 9r•scrib. ' b- Slate Beard of Insurance of Texas-Revised 1970, Code Sel
i
- G F B3280
STEWAIZT TITLE
GUARANTY C O M P A N Y
r
STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby guar-
antee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its
successors by dissolution, merger c, consolidation, that as of the date hereof, the Insured has good and Indefeasible title to
the estate or Interest in the land described or referred to In this policy.
t t
The Company shall not be liable In a greater amount Thom the actual monetary loss of the insured, and in no event shall
the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated. at its I
own cost defend the Insured in every action or proceeding on any claim ogalnst, or right Irt the estate or Interest In the land,
or any part thereof, adverse to the title to the estate or interest in the land os hereby guaranteed, but the Company shall
not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep-
tions in Schedule B hereof or excluded by Paragraph 2, "Excloons from Coverage of this Policy", of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement
of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of
the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or
right sho!I have been held valid by a court of last resort to which either litigant may apply, and if such adverse Interest, t
claim, or right so established shall be for less than the whole of the estate or interest Ir the land, then the liability of the
Company shall be only such part of the whole liability limited above as shall bear the some ratio to the whole liability that i
the adverse interest, clolm, or right established may bear to the whole estate or Interest In the land, such ratio to be based
on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company Is re-
lieved from all liability with respect to any such Interest, claim or rlghtj provided, however, that failure to notify shall not +
prejudice the rights of the insured if such Insured shall not be a party to such action or proceeding, nor be served with pro- t
I cess therein, nor hove any knowledge thereof, nor in any case, unless the Company shall be adually prejudiced by such
failure.
I +
I Upon sate of the torte or interest In the lond, this policy automatically thereupon shall become a warrantor's policy {
+ and the insured, the heirs, devisees, executors and odministroiors of the Insured, or if a corporation, its successes by dis- t
t solution, merger or consolidotlon, shall for a period of twenty-flue years from date hereof remain fully protected according
to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any warranty of title i
contained in the transfer or conveyance executed by the Insured conveying the estate or Interest in the land. The Com-
t parry shall be liable under sold warranty only by reason of defects, hens or encumbrances existing prior to or at the date +
y hereof and not excluded either by the exceptions or by the C:rditions and Stipulations hereof, such liability not to exceed
the amount of this policy.
F +
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has cove.! this policy to be executed by Its President
under the seal of the Company, but this policy is to be valid only when it boors on authorized countersignature, as of the
i date set forth to Schedule A.
1
i I
I +
STEWART TITLE
I ee•eeOff COX eeOf
I ' Chairman +
+
~ Inddenr I
MCI
0 962030 A
GENERAL CONDITIONS AND STIPULATIONS
1. Definitions
The following tsrms when used In this policy meant
(a) "land"s The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by
law constitute real property.
(b) 'Public records'S Those records which Impart constructive notice of matters relating to the land.
(c) "knowledge"t Actual knowledge, not constructive knowledge, or notice which may be Imputed to the Insured by
reason of any public records.
(d) "dote" t The effective dote, Including hour if specified.
2. Exclusions from the Coverage of this Policy
i This policy does not insure against loss or damage by reason of the following:
(a) The refusal of ony person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the
public records at the date hereof; and be consequences of any law, ordinance or governmental regulation Including, but
not limited to, building and zoning ordiynces.
(c) Any litles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other en.
tities to tidelands, or lands comprising the shores or beds of navigoblo or perennial rivers and streams, lakes, bays, gulfs
or oceons, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line
of the harbor or bulkhead lines cis established or changed by any government, or to filled-In lands, or artificial Islands, or
to riparian rights, or the rights or Interests of the Slate of Texas or the public generally in the area extending from the line
of mean tow tide to the line of vegetation or their right of access thereto, or right of easement along and across the same,
(d) Defects, liens, encumbrances, adverse claims against the title as Insured or other matters (1) created, suffered, as-
sumed or agreed to by the Insured of the date of this policy, or (2) known to the Insured at the date of this policy unless
disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; 6r loss
or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the
homestead or communly property or survivorshlp rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) in all cases where thts policy provides for the defense of any action or proceeding, the Insured sna" secure to the
Company the right to so provide defense in such action or proceeding, and all appeals therein, and perm?+ f to use, at its
option, the name of the Insured for such purpose. Whenever requested by the Cornpany, the Insured shall give the Com-
pany all ieasonoble aid in any such action or proceeding, In effecting settlement, securing evidence, obtaining witnesses,
or defending such action or proceeding.
lb) Thr Company shall have the right to select counsel of its own choice whenever It is required to defend any action
or proceeding, and such counsel shall have full control of sold defense.
(c) Any action taken by the Company for the defense of the insured or to establish the title as insured, cr both, shall not
be constfued as an admission of liability, and the Company shall not thereby be held to concede liability or woive any pro-
vision of tiro policy.
4. Payment of Loss
(a) No claim shall arise or F t maintainable under this policy for liability voluntarily assumed by the Insured in settling
any claim or suit without written consent of the Company,
(b1 All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the
amount of the Insurance pro tonto; and the amount of this policy shall be reduced by any omount the Company may pay
under any policy Insuring the validity or priority of any lien ex:epted to herein or any instrument hereafter executed by
the Insured which is a charge or lien on the land, and the amount so pold shall be deemed a payment to the Insured under
this policy.
(c) TI a .-ompany shall have the option to pay or settle or compromise for or in the name of the Insured any claim in.
svred ogr Ins by this policyy, and such payment or tender of payment, together with all costs, attorney fees and expenses
which the ':-);,pony is obligoted hereunder to pay, shall terminate all liability of the Company hereunder as to such
claim. Further, the payment or tender of payment of the full amount of this policy by the Company shall terminate all
liability of the Companyy under this policy.
(d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Com-
rnsny unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the
ured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer
to the Campony all rights and remedies against any person or property necessary in order to perfect such right of subro-
gation, and shall permit the Company to use the rtome of the Insured in any transaction or litigation Involving such rights
or remedies.
S. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, ogoinsf the Company, arising out of
the status of the 'life Insured hereunder, must be based on the provisions of this policy, and all notices required to be given
the Company, and ony statement In writing required to be furnished the Company, shall be addressed to it at P. O. Box
2029, Houston, Texas %01,
6. This policy is not transferable.
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3-12-77 SCHEDULE A
GF No. 83280 '
Owner Policy No.O 962038A Date of Policy May 26, 1977
Amount of TWO THOUSAND EIGHT HUNDRED AND NO1iC0 ($29800.00) DOLLARS
1. The estate or Interest in the land insured by this policy is: (Fee Simple, Leasehold, Easement, Etc, Identify or Describe)
FEE SIMPLE
2. The land referred to in this policy is described as follows:
Being situated in the E. Puchalski Survey, Abstract No. 996, Denton County,
Texas, and being more fully described by metes and bounda in Exhibit "A" attached
hereto.
3. NAME OF INSURED; CITY OF DENTON* TEXAS
SCHEDULER
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements
insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of
this policy:
1. Restrictive covenants affecting the land described or referred to above,
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of
Improvements.
3. All taxes for the year 19 7 and subsequent years.
4. The following lien(s) and P terms, provisions and conditions of the Instrument(s) creating or evidencing said lien (s):
5. Rights of parties in possession.
6. Any part of said tract lying within a public road or street.
told -
•
Counts
JA008 STRACT , INC,
H"Is1:N'A*IIT CIT1 1:
,..Ay 011A1rAaYt COMMAt1Y
-,f Aff
Au sad r gneture
Contmuatlon Form 203A T .
Attached to and made a part of Stewart Title Guaranty Company Policy No. 0962038A
Continuation of Schedule A, No. 2.
EXHIBIT "A"
All that certain lot, tract or parcel of land lying and being situated in the City
and County of Denton, State of Texas, and being part of the E. Puchalski Survey,
Abst. No. 996, and being part of two tracts of land designated as "First Tract"
and "Second Tract" as conveyed from William Neu to Ruth Orleans by deed dated
September 1, 1976 and1recorded in Volume 804, Page 833, of the Deed Records of
Denton County, Texas, and more particularly described as follows:
BEGINNING at a point in the East right-of-way line of Avenue "E", said point
lying 150 feet North of the intersection of the North right-of-way line of West
Sycamore Street, and the East right-of-way line of Avenue "E", said point of
beginning also being the Southwest corner of said "Second Tract";
THENCE North along the East right-of-way line of Avenue "E", a distance of 110 feet
to a point for a corner, said point being the Northwest corner of said "First Tract";
THENCE East along the North boundary line of said "First Tract", a distance of
10 feet to a point for a corner;
THENCE South 10 feet East of and parallel to the East right-of-way line of
Avenue "E" a distance of 110 feet to a point for a corner, said point lving in
the South boundary line of said "Second Tract";
THENCE West along the South boundary line of said "Second Tract", a distance of
10 feet to place of beginning.
AITACUCU TO Pt~n MADE A PART OF
Stf A 19T TITLE GUARANTY CG4I PANY
0912038A
C JIl'A4+fr I oP SGNEDUEE A, N0. 2.
~u~+tEes~^ can
AG OE Al,CT ANY INC.
AUTNORf7E CW S NATUBE
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• A.96-WARRANTY DEED-W" Gmv>1 and Copomtice Admowikd+mmu MARTIN Sadonay Ca. D.nu
THE STATE OF TEXAS, t v 83 SAGE 252
Know All Men By ~hese resents:
County of....... DEN N I
abR WQRX
That RUTH ORLEANS
of the County of Denton , State of Texas for and in consideration of
i
the sum of
Tyro Thousand Eight Hundred & No/100 ($2,800.00)-------DOLLARS,
a
to her inhandpaidby the City of Denton, Texas, a Municipal
Corporation
have Granted, Sold and Conveyed, and by these presents do Grant, Sell aid Convey unto the said
City of Denton, Texas, a Municipal Corporation
o! the County of Denton , State of Texa s 'lAkDOl4KfllL$1
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
E. Puchalski Survoy, Abstract No. 996, and also being part of two tracts
of land designated as First Tract and Second Tract as conveyed from
William Neu to Ruth Orleans by deed dated September 22, 1976 and record
in Volume 8040 Page 833 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BEGINNING at a point in the east right of way line of Avenue E said point
lying 150 feet north of the interseet:on of the north right of way line
of West Sycamore Street and the east right of way line of Avenue E, said
point of beginning also being the southwest corner of said Second Tractf
I THENCE north along the east right of way line of Avenue E a distance of
110 feet to a point for a corner said point being the northwest corner
of said First Tractj
THENCE east along the north boundary line of said First Tract a distance
of 10 feet to a point for a corned
THENCE south 10 feet east of and parallel to the east right of way line
of Avenue E a distance of 110 feet to a point for a corner said point
lying in the south boundary line of said Second Tractf
THENCE west along the south boundary line of said Second Tract a distance
of 10 feet to the place of beginning and containing 1,100 square fiat of
larx], more or less.
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances tbereto in anywise belonging unto the said City of Denton j Texas t its
successors
X" and assigns forever; and I do hereby bind myself j my
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City cof Denton, Texas, a Munigipal Corporation, its successors
kft and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof.
[JAS,y~.vtl.u, D. f'.
Witness her hand at Denton,--Texas ; this 16 tZ day of
A.D. 19 7 7
Wltaesses equal Creator: ~'I] 4
r~r, . 4 ..................r..r...,4 aA~EA215/Vf"/!-.->!........................ n...........
....n .4.............. n.......... n......4... rn............ 4...n.... r..I ......................4......... I..nnr............1
rr 4.. nnnn.w x.....4...~.I.... 4.. n............
...........A.... w:w.. r.. r..4....r4................................«..w.w..
i r
CC4,4O if ACKNOWLEDGMENT
THE STATE OF rFEK-AS, BEFORE ME, the undersigned authority,
COUNTY Or DENTOt•I
In •.nd for Bald County, Texas, on this day personally appeared ...Ruth ,.._Orle.dnS......
knofyaro~e po t%t#q on.wx_.....ahos: name jS......... subscribed to the foregoing instrument, and acknowledged to me that
.:..t3he_w._...execut~d lit-aa a for the purposes and consideration therein expressed.
GIVEN UNDER }fY I" AND SEAL OF OFFICE, This..../.. .............day of..._.....(..r1..... A.D. 191T...
b,,.5 iCT of C'c4rt~wi?
Notary Public n. t.'an........................ ta.nlT,-Teas
' . vOL 837 MACE 253
Nry COMmf9101% Expirer, jene _...'..:,........y 79......7.
ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF_.........
in and for add County, Texas, or, 06 day personally appeared _.._.............._......_..._._........__.._..w........._.........._..........w«
known to me to be the person whose name........ .....................subscribed to the foregoing Instrument, and acknowledged to me that
___.ha._.executed the same for the purposes and consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This .................__...day ot..._..._........ sox......... ...w........................ A.D. 19.._».w..
(L S.) _......_.,_._.x.w_ x.........w... ..x........... _ .
Notary Pubik.w «.w»..www . xw...,County, Tessa
My Commission Expires June..ww_. _ ....w_..._.._x......
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF....x.x
In and for said County, Texas, on this day personally appeared......
w._.w._ ..__.._w..w_..._ ...................w...._.................._........,..,,..._.............. x....._............ known to me to be the person and officer
whose came Is subwAcd to the foregoing instrument and acknowledged to me that the some was the act of the sald...................... .......w
w_,,.w..... »..,sow...w.....xx..x......x.....« .................x.....w..........x.._........ x................................... .....................__x_..x......w.........
a corporation, mid that he executed th; !.':e as the act of such corporation for the purposes and consideration therein expressed, and In
the rapacity tbeefa stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Ills .day of........... ......._.w....x... ..x........w„ A.D. I9.wwxw
(L.S.) w......w..,w..x........................ w _.x..,. w. x
Notary ToW
My Commission Expires June x
19..www
THE STATE OF TEXAS,
. I,.«wxwx.w.ww..x......w.....x,.xx . ..............................«w..,.....x...
COUNTY OFxx.....x»..xx_w xw.w.w.xxx.._»x. x_ sox
County Clerk of the County Court of aid County, do hereby certify that the foregoing instrument of writing dated on tha„w ..w»xw
. day of. x ...»....A.D. 19-, with Its Certificate of Authentication, was W for recoil In my office
on A.D. 19..x..w., at......wwx..o'dock and was duty recorfed this...
day 01.x x...x.xx xxx w......x...x.x......A.D. 19..........., at....... .o'clock..x..w-- in the Records of sold County, bi V014
ume..x _ .xx» x, n pages...w.w.....
WITNESS my hand an4 ant of the County Court of said County, at my Office 1ew.wx........wx xx.«.w «............x...x.. w ..............w,«.x
xxxxxxx_...... _.w»...._.w.wxww .w x xw..w.w..w..... x.xx... --..w.w.w -the day and ye►r htst above written.
Ckrt county xx .County, Tom
(1« E.) I..... I Deputy.
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WL934 JO 1JNIID~
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THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned officers of said City, hereby certify
as follows:
1. The City Council of said City convened in
REGULAR MEETING ON THE 17TH DAY OF MAY, 1977,
at the Municipal Building (City Hall), anc', the roll was called
of the duly constituted officers and members of said City
Council, to-wit:
Brooks Holt, City Secretary Elinor Hughes, Mayor
Joe Mitchell Bill Nash
Richard Stewart Marv Claude Gay
and all of said persons were present. except the following
absentees: _ ,
thus constituting a quorum Whereupon, amore' other business,
the following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM
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 mo-
tion, carrying with it the passage of said Ordinance, prevail-
ed anu 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 tYs Meeting described in the above and fore-
going parag~.lph is attached to and follows this certificate;
that said Ordnance has been duly recorded in said City Council's
minutes of said Meetings that the above and foregoing paragraph
is a true, full, and correct excerpt front said City Council':
minutes of said Meeting pertaining to the passage of said Ordi-
nances that the persons natnad in the above and foregoing para-
graph 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 suffi-
ciently notified officially and personally, in advance, of the
time, place, and purpose of the aforesaid Meeting, and that said
Ordinance would be introduced and considered for passage at said
Meeting, and each of said officers and members consent,3d, in ad-
vance, to the holding of said Meeting for i+uch purpose; 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 re-
quired by Vernon's Ann. Civ. St. Article 6252-17.
3. That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
that the Mayor and the City Secretary of said City hereby de-
clare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said ordinance
for all purposes.
SIG AD AND SEALED the 17th day ~_f May, 1977.
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 ca to legality the attached
and following Ordinance prior to s passage as aforesaid.
City At orney
Bo Attorneys
ORDINANCE NO. 77-a1,~,
ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM
REVENUE 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 Li said City on
MAY 16, 1972; and
WHEREAS, out of the bonds voted at said election, the
following previously have been issued and delivered:
$3,250,000 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 Bongs, and part of
the Series 1974 Ponds, and
$ 250,000 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 Bonds, and part of the
Series 1974 Bonds; 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 bands are hereby author-
ized to be issued in the aggregate principal amount of $500',DOG
for the purpose of providing $225,000 FOR IMPROVING AND EXTEND-
ING THE CITY'S WATERWO MS SYSTEM, and providing $275,000 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 PONDS, SERIES
1977".
Section 3. That said bonds shall be dated JUNE 151 1977,
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 AMOUNTS YEARS AMOUNTS
1980 $10,000 1987 $50,000
1981 15,000 19b8 ' 500000
1982 25,000 1989 50,000
1983 25,000 1990 50,000
1984 250000 1991 500000
1985 50,000 1992 50,000
1986 50,000
Section 4. That the '.-onds scheduled to mature during the
years, respectively, set forth below shall bear interest at
the following rates per annum:
-1-
s
maturities 1980 through 19 , 8
maturiti 3s 19 through 19_, _ %
maturities 19 through 19 , %
maturities 19 through 19 , %
maturities 19 through 19~, %
maturities 19_ through 19_, %
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, shall have the characteristics, and
shall be signed 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 cou-
pons which shall appertain and be attached initially to each of I
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 1977•
ON JULY 151 19_1 THE CITY OF DENTON, TEXAS,
hereby promises to pay to bearer hereof the principal amount of
FIVE THOUSAND DOLLARS
and to pay i:.terest thereon, from date hereof, at the rate of
% per annum, evidenced by interest coupons payable JANUARY
15, 1978, and semiannually thereafter while this bond is out-
standing.
THE PRINCIPF..L 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:
CITIBANK, N.A., NEW YORK, NEW 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 JUNE 15, 1977,
authorized, issued, and delivered in the principal amount of
0500,000 for the purpose of providing $225,000 FOR IMPROVING
AND EXTENDING THE CITY'S WATERWORKS SYSTEM, and providing
$275,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM.
-2-
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 ^3id 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 exa,nined, 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.
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 sha,an on this interest
coupon, in lawful money of the United States of America, with-
out exchange or collection charges to the bearer, upon presen-
tation and surrender of this interest coupon, at
C::TIBANK, N.A., 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
19771 DATED JUNE 150 1977. The holder hereof shalll 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
tity Secretary Mayor
•3-
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 deps5.4ted into the Interest and Sinking
Fund (created "or 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
1977 Bonds on the next interest payment date;
and
(b) such anoints, in equal monthly installments,
made *n or before the last day of each month
hereafter, commencing in July, 1979, as will
be sufficient to piy the next maturing prin-
cipal of said Series 1:77 Bonds.
Section 9. That the Reserve Fund heretofore created for
the benefit of said Outstanding Bonds and all Additional Bonds
now contains money and investments equal to the sum of $497,804
in market value. No additional deposits shall be required to
be made into the Reserve Fund as long as the money and invest-
meets therein are at least equal to bhe aggregate amount of
$497,804 in market, valuer but if and whenever the Reserve Fund
is reduced below said aggregate amount, deposits shall be made
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 contin-
ued until such time as the Reserve Fund has been restored to
said aggregate amount; and the City covenants to keep and main-
tain 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 1977 Bonds, and
all Additional Bonds, in accordance with the procedures, as
herein modified 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.
"4-
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 120. 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 ,irchasers, would have caused the bonds to be arbitrage bonds
within the meaning of Section 103(c) of the Internal Revenue :ode
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(c) 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(c), or any regulations or rulings pertain-ing 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, 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 at required by the Home Rule Charter of said City; that
sealed bids have been received at a public sale of said bonds
held on May 17, 1977; that all of said bonds are hereby sold
and shall be delivered to a syndicate managod or headed by
e ng'the best bidder at said public sale, or the principal.
amount of said bonds, and accrued interest thereon to the date:
of delivery, plus a premium of $ .
Section 15. It is further found and determined that the
Official Notice of Sale for said bonds was duly published on
April 13, 1977 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 April 11,
1977, 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.
Section 16. That it is hereby officially found, deterrain-
ed, and declared that said bonds have been sold at public sale
to the bidder offering the lowest interest cost, after receiving
sealed bids pursuant to an Official Notice of Sale and Official
-S-
Statement dated May 3, 1977, prepared and distributed in connec-
tion with the sale of said bonds. Said Official Notice of Sale
and Official Statement have been and are hereby approved by the
City Council. It is further officially found, determined, and
declared that the statements and representations contained in
said Official Notice of Sale and Official Statement Pre true and
correct in all material respects, to the best knowledge and be-
lief of the City Council.
GENERAL CERTIFICATE
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned, hereby officially certify that we
are the Mayor and City Secretary, respectively, of said City,
and we further certify as follows:
1. That said City is a duly incorporated Home Rule City,
havin7 more than 5000 inhabitants, operating and existing under
the Constitution and laws of the State of Texas and the duly
adopted Home Rule Charter of said City, which Charter has not
been changed or amended since the passage of the ordinance au-
thorizing the issuance of the City of Denton General Obligation
Bonds, Series 1976.
2. That no litigation of any nature has ever been filed
pertaining to, affecting, or contesting: (a) the election
which authorized the proposed City of Denton Water and Sewer
System Revenue Bonds, Series 1917, dated June 15, 1977, in
the principal amount of $500,000, (b) the issuance, delivery,
payment, security, or validity of said proposed bonds, (c) the
title of the present members and officers of the City Council
of said City to their respective offices., or' (d) the validity
of the corporate existence or the Charter of said City.
3. That none of the revenues or income of said City's
Water and Sewer System have been pledged or encumbered to the
payment of any debt or obligation of said City or said System,
except in connection with the aforesaid proposed Series 1977
Bonds, and the outstanding bonds of the following issues of
said City:
Water and Sewer System Revenue Bonds, Series 1960;
Water and Sewer System Revenue Bonds, Series 1962;
Water and Sewer System Revenue Bonds, Series 1964;
Water and Sewer System Revenue Bonds, Series 1966;
Water and Sewer System Revenue Bonds, Series 1969;
Water and Sewer System Revenue Bonds, Series 1972;
Water and Sewer System Revenue Bonds, Series 1974.
4. That the Interest and Sinking Fund and the Reserve
Fund, created and maintaine9 for the benefit of the outstand-
ing bonds listed above, in accordance with the ordinances,
respectively, authorizing their issuance, each contains the
amount now required to be on deposit therein, and the City is
not in default in any of the covenants contained in the afore-
said ordinances.
SIGNED AND SEALED this the 17th day of May, 1977.
C ty Secretary Mayor
(SEAL)
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DEED RECORDS EASEMENT ,VG1 036 ex-f 700
TO STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 11-235
That JOE A. BELEW AND ERNEST F. SIMPSON of Denton County,
Texas, in consideration of the sum of One Dollar ($1.00) ands
other good and valuable consideration in hand paid by the City
of Denton, receipt of which is hereby 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 foliawing described
property owned by them and being situated in the County of Denton,
State of Texas and more particularly described as follows:
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the Wm, Loving Survey, Abstract No. 759, and also
being part of a tract of land as conveyed from W. C. Kimbrough
to Erma S. Davis by deed dated February 11, 1938, and recorded
in Volume 271, Page 146 of the Deed Records of Denton County,
Texas, and more particularly described as follows:
BEGINNING at a steel pin on the west line of Center Street at a
point North 00 42' east 238,0 feet from the southeast corner of
the above mentioned 15,0 acre tract;
THENCE south 890 52' west a distance of 16 feet to a point for a
corner;
THENCE north 00 42' east 16 feet west of and parallel to the east
boundary line of said tract a distance of 105 feet to a point for
a corner;
THENCE south 890 52' west a distance of 90 feet to a point for a
corner;
THENCE south 00 08' east a distance of 52 feet to a point for a
corner;
THENCE south 890 52' west a distance of 16 feet to a point for a
corner;
THENCE north 0° 08' west a distance of 52 feet to a point for a
corner;
THENCE south 890 52' west a distance of 224.03 feet to a point for
a corner;
THENCE south 00 08' east a distance o° 89 feet to a point for a
corner, 16 feet north of the most easterly south boundary line
of said tract;
THENCE north 890 52' east 16 feet north of and parallel to the
most easterly south boundary line of said tract a distance of
69 feet tm a point for a corner;
THENCE south 00 08' east a distance of 16 feet to a point for
f ~
a corner in the most easterly south boundary line of said tract;
THENCE south 89° 52' west along the most easterly south boundary
line of said tract a distance of 85 feet to an inner ell corner
of said tract;
THENCE north 0° 08' west a distance of 105 feet to a point for a
corner;
THENCE south 89° 52' west a distance of 10 feet to a point for a
corner;
THENCE north 0° 08' west a distance of 16 feet to a point for a
corner;
THENCE north 891 52' east a distance of 140.03 feet to a point for
a corner;
THENCE north 00 08' west a distance of 191.30 feet to a point for
a curner in the north boundary line of said tract;
THENCE north 89° 52' east along the north boundary line of said
tract, a distance of 16 feet to a point for a corner;
THENCE south 0° 08' east a distance of 191.30 feet to a point for
a corner;
THENCEnorth 89° 52' east a distance of 186 feet to a point for a
corner;
THENCE north C° 08' west a distance of 21.3 feet to a point for a
corner;
THENCE north 89° 52' 56" east a distance of 14.54 feet to a point
for a corner 16 feet west of the east boundary line of said tract;
THENCE north 0° 42' east 16 feet east of and paralle, to the east
boundary line of said tract a distance of 170 feet to a point for
a corner in the north boundary line of said tract;
THENCE north 89° 52' east along the north boundary line of said
tract a distance of 16 feet to a point for a corner same being the
northeast corner of said tract;
THENCE south 00 42' west along the east boundary line of said tract
a distance of 312.30 feet to the place of beginning and containing
17,668.28 square feet of land, more or less.
And it is further agreed that the saio 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
perpetually 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, employees, workmen and repre-
LYa 838 PAl~'781
..2 .
LVOL 838 WE 782
sentatives having ingress, egress, and regress in, along, upon and
across said premises for the purpose of making additions to, improve-
ments on and repairs to the said public utilities or any part there-
of.
TO HAVE AND TO HOLD unto the said City of Denton as aforesaid
for the purposes aforesaid the premises above described.
WITNESS our hay d this the day of
1977.
J
1 7
F. SIKPSON
THE STATE OF TEXAS
COUNTY OF DENTON a
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared JOE A. BELEW, known to me
to be the person whose name is subscribed to the foregoing instru-
ment., and acknowledged to me that he executed the same for, the pur.-,
poses and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of
A. D. 1971.
RbT' t-- ,
DENTON COUNTY, TEXAS vey~`~f
THE STATE OF TEXAS
COUNTY OF DENTON E
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared ERNEST F. SIMPSON, known to
me to be the person whose name is subscribed to the forego j,1n-
strument, and acknowledged to me that he executed the s~i~r Orr Ap,
purposes and consideration therein expressed, /
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This th!'l-.day Hof✓r.
A. D. 1977.
,7L . '
MARY PUBLItY IN AND
' • r..r.•
DENTON COUNTY, TEXAS
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R~A+. .tiCam..70 77_JS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned officers of said city, hereby certify
as follows:
1. The City Council of said. City convened in
REGULAR MEETING ON THE 17TH DAs OF MAY, 1977,
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 :colt, City Secretary Elinor Hughes, Mayor
Joe Mitchell Bill Nash
Richard Stewart Mary Claude lay
and all of said persons were present, except the following
absentees: r
thus constituting a quorum,. Whereupon, among other business,
the following was transacted at said A'eeting: a written
ORDINANCE AUTHORIZING TKE ISSUANCE OF GENERAL OBLIGATION BONDS
was duly introduc=ed for the consideration of said City Council
and read in full. It was then duly inoved and seconded that
said Ordinance be passed; and, after due discussion, said mo-
tion, carrying with it the passage of said Ordinance, prevail-
ed 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 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 s.a+.d City Council's
minutes of said Meeting pertaining to the passage of said Ordi-
nance; that the persons named in the above and foregoing para-
graph ar- the duly chosen, qualified, and acting officero And
members of said City Council as indicated therein; that each of
the officers and members of sail. ^.ity Council was duly and suffi-
ciently notified officially and PL.-sonally, 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 ad-
vance, to the holding of said Meeting for such purpose; and that
said Meeti.rg was open to the public, and public notice of the
time, place, and purpose of said mee Ang was given, all as re-
quired by Vernon's Ann. Civ. St. Article 6252-17.
3. That the Mayor of said City has approve0f and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
that the Mayor and the City Secretary of said City hereby de-
clare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordinance
for all purposes.
SIGNED Nb SEALED the 17th day of May, 1977.
city-secretary Mayor k1i
(SEAL) - - - - - - - - - - - - - - - - - - - - - - - - - -
We, the undersigned, being respectf rely tre City Attorney
and the Bond Attorneys of the City of De;.c9n, Texas, hereby cer-
tify that we prepared and approved as to legality the attached
and following Ordinance prior to ssage as aforesaid.
City At orney
/ t ~ 7,on"d Attorneys
.
mmmmi
• ORDINANCE NO. 77-d
ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the bonds hereinafter authorized were lawfully
and favorably voted at elections duly held in said City on
DECEMBER 181 1973, and OCTOBER 71 1975; ani.i
WHEREAS, out of the bonds voted at the election hild on
DECEMBER 18, 1973, for suca purpose, the following previously
have been issued and delivered:
$31300,000 out of a voted total of $6,000,000 for the
purpose of constructing and improving streets
in said City, and providing drainage and
flood control facilities in connection there-
with, represented by the Bonds of Series
1974, and part of the Bonds of Series 1976; and
4
WHEREAS, out of the bonds voted at ;:he election held on
OCTOBER 70 1975, for such purpose, the following prevsiously
have been issued and delivered:
$1,000,000 out of a voted total of $1,800,000 for the
purpose of purchasing and improving lands
for park purposes, represented by part of
the Bonds of Series 1976; and
WHEREAS, it is necessary and advisable to authorize, issue,
and deliver another installment or series of said bonds; and
WHEREAS, the bonds hereinafter authorized and designated
were voted and are to be issued and delivered pur;auant to
Vernon's Articles 823, 1175, and 6081f.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY OY,DAINS:
Section 1. That the said City's bonds are ,reby author-
ized to 'ae issued in the aggregate principal amount of $3,000,0001
FOR THE PURP03E OF PROVIDING $20200,000 FOR CONSTRUCTING AND
IMPROVING STR.3ETS IN SAID CITY, AND PROVIDING DRAINAGE AND
FLOOD CONTROL FACILITIES IN CONNECTION THEREWITH, AND $800,000
FOR PURCHASING AND IMPROVING LANDS FOR PARK PURPOSES.
Section 2. That said bonds shall be designated as the:
"CITY OF LENTON GENERAL OBLIGATION BONDS, SERIES 1977".
Section 3. That said bonds shall be dated JUNE 1, 1977,
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: JUNE 1
YEARS AMOUNTS YEARS AMOUNTS
1979 $1500000 1989 $1500000
1980 1500000 1990 150,000
1981 150,000 1991 150,000
1982 150,000 1992 1500000
1983 1500000 1993 1500000
1484 150,000 1994 1500000
1985 1500000 1995 200,000
1986 1500000 1996 200,000
1967 1500000 1)97 200,000
1988 150,000
f -1-
Section 4. That the bonds scheduled to mature du:ing the
years, respectively, set forth below shall bear interest at the
following rates per annum:
maturities 1979 through 19_, %
maturities 19 through 19 , %
maturities 19~ through 19, %
maturities 19 through 19_, %
maturities 19 through l9 __j %
maturities 19 through 19__, %
maturities 19 through 19_, 8
maturities 19 through 19_, %
maturities 19 t'irough 19 , %
maturities 19~ through 19_, %
maturities 19 through 19_., %
maturities 19 through 19__, 8
Sail 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 tho FORM OF BOND set forth
in this ordinance.
Section 5. That said bonds and interest coupons shall be
is,ued, 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 FO,-14 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 BONDt
NO. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
GENERAL OBLIGATION BOND
SERIES 1977
ON JUNE 1, 19 , THE CITY OF DENTON, Denton County, Texas,
hereby promises to pay to bearer hereof the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from date hereof, at the rate of T$
per annum, evidenced by interest coupons payable JUNE 1, 1978,
and semiannually 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 defirgd as the "Paying Agent" for this Series of Bondst
CITIBANK, N.A., NEW YORK, NEW YORK,
OR, AT THE OPTION OF THE BEARER, AT
FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS.
.2-
THIS BOND is one of a Series dated as of JUNE 1, 1977,
authorized, issued, and delivered ;n the principal amount of
$3,000,000 FOR THE PURPOSE OF PROVIDING $21200,000 FOR CON-
STRUCTING AND IMPROVING STREETS IN SAID CITY, AND PROVIDING
DRAINAGE AND FLOOD CONTROL FACILITIES IN CONNECTION THEREWITH,
AND $800,000 FOR PURCHASING AND IMPROVING LANDS FOR PARK PUR-
POSES.
ON JUNE 11 1988,
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 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 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, 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 such interest comes due and such principal ma-
tures, have been levied and ordere9 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.
~N WITNESS WHEREOFo 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 CERTIFICATEt
COMPTROLLERS 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 oY Pu c Accounts o
the State of Texas.
-3-
FORM OF INTEREST COUPON:
NO. $
ON It 191
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
prevision 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
CITIBANK, N.A., NEW YORK, NEW YORK,
OR, AT THE OPTION OF THE BEARER, AT
FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS,
said amount be'_ng interest coming due that day on the bond,
bearing the nursber hereinafter designated, of that issue of
CITY OF DEN'.iON GENERAL OBLIGATION BONDS, SERIES 1977, DATED
JUNE It 1977.
Bond No.
xxxxxxxx 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 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 E.nd Sinking Fund. During each year while any of said
bonds or interest coupons appertaining thereto are outstanding
and unpa'.d, the governing body of said Citv 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 th interest
on said bonds as such interest comes due, and to provide and
maintain a sinking fund adequate to pay the principal of such
bends 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= arA 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 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 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 registrat=on by the
Comptroller of Public Accounts of the State of Texas. Upon
-4-
registration of said bonds, said Comptroller of Publics 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
of the bonds at any time throughr•,it 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(c) 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(c) 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(e), or any regulations or rulings pertaining thereto.
Section 10. 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 May 17, 1977; t•at all of said bonds are hereby
sold and shall be delivered to a syndicate managed or headed
by
being t e best bidder at said public sale, or the princ pai
amount of said bonds, and accrued interest thereon to the date
of delivery, plus a premium of $
Section 11. It is further found and determined that a no-
tice of sale for said bonds as required by the Home Rule Charter
of said City was duly published on April 13, 1977, in The Bond
Buyer, New York, New York, which is a national publication regu-
larly and primarily carrying financial news and municipa! bond
sale notices, and on April 11, 1977, in the Denton Record-
Chronicle, which has been designated as the official newspaper
of the City of Denton. The form and suustance of said official
Notice of Sale, and the aforesaid publications thereof, are
hereby approved and ratified in all respects by the City Council.
Section 12. That it is hereby officially found, determin-
ed, and declared that said bonds have been sold at public sale
to the bidder offering the lowest interest cost, after receiving
sealed bids pursuant to an official Notice of Sale and Official
Statement dated May 3, 1977, prepared and distributed in connec-
tion with the sale of said bonds. Said Official Notice of Sale
and Official Statement have been and are hereby approved by thr,
City Council. It is further officially found, determined, and
declared that the statements and rePresentaticns contained in
said official Notice of Sale and Official Statement are true and
correct in all material respects, to the best knowledge and be-
lief of the City Council.
-
-5-
E
GENERAL CERTIFICATE
THE STATE OF TEXAS ;
COUNTY OF DENTSON
CITY OF DENTON
We, the undersigned officers of said City, hereby cer-
tify as follows:
1. That this certificate is executed for and on behalf
of said City with reference to the issuance of the proposed
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1977, DATED
JUNE 1, 1977? in the principal amount of $3,000,000.
2. That said City is a duly incorporated Home Rule City,
having more than 5000 inhabitants, operating and existing
under the Constitution and laws of the State of Texas and the
.duly adopted Home Rule Charter of said City, which Charter has
not been changed or amended since the passage of the ordinance
authorizing the issuance of the most recently dated, issued, and
outstanding bonds of said City show-n on "Exhibit A," which is
attached to this certificate.
3. That no litigation of any nature has ever been filed
pertaining to, affecting, questioning, or contesting: (a) the
election which authorized said City's proposed bonds described
in paragraph 1 of this certificate; (b) the issuance, execution,
delivery, payment, security, or validity of said proposed bonds,
(c) the authority of the governing body and tho aff'ccers of said
City to issue, execute, and deliver said.bonds, (d) +',e validity
of the corporate existence of said City, (e) the current Tax
Rolls of said City, or (f) the Home Rule Charter c;f Lr_id City;
and that no litigation is pending pertaining to, affecting,
questioning, or contesting the current boundaries of said City.
4. That in all matters relating to ordering, giving no-
tice, anti holding the election field or. October 7, 1975, at which
$800,000 of the proposed bonds were authorized, the City com-
plied with the Federal Voting Rights Act of 1975 and the appli-
cable parts of the Texas Election Code, including particularly
Section 1.08a of the Texas Election Code pertaining to bilingual
requirements.
5. That attached to this certificate and marked "Exhibit
A" is a true, full, and correct schedule and statement of the
aforesaid proposed bonds, and of all presently outstanding
tax indebtedness of said city.
6. That the currently effective ad valorem Tax Rolls of
said City are those for the year 1976, being the most recent-
ly approved Tax Rolls of said City; that said city has caused
the taxable property in said City to be assessed as required by
laws that the Board of Equalization of said City has equalized
and approved the valuation of taxable property zn said City for
said year; that the Tax Assessor of said City has duly veri:`ied
the aforesaid Tax Rolls, and said Board of Equalization has
finally approved the samei and that the assessed value of tax-
able property 'in said City upon which the annual ad valorem tax
of said City actually has been or will be levied (after deduct-
ing the amount of all exemptions, if any, under Section 1-b(b),
and section 2(b), of Article 8 of the Texas Constitution, and
Article 7150h, V.A.T.C.S.), according to the aforesaid Tax Rolls
for said year, as delivered to the City Secretary of said City,
and finally approved ind recorded by the City Council of said
city, is $136,540,625.
SIGNED AND SEALED ~tyhe~l7th day of cMay, 1977.
-----rvcity Secretary mayor
(SEAL)
"EXHIBIT A"
General Obligation Bcnds, Series 19',7, dated 6/1/77, bearing
interest, and maturing as set forth in the Ordinance authoriz-
ing said Bonds.
General Obligation Bonds, Series 1960, Bated 7/15/60, now out-
standing in the principal amount of $225,000, bearing interest,
and maturing in the amounts on July 15 of the years, as follows:
3-3/48: 25M-77/78;
3.858: 25M-79/85.
Street Improvement Bonds, Series 1962, dated 3/15/62, now out-
standing in the principal a:nount of $20J,000, bearing interest,
and maturing in the amounts on March 15 of the years, as follows:
38: 20M-78;
3-1/88: 20M-79/83
3.208: 20M-84/87.
General obligation Bonds, Ser4.es 1963, dated 3/15/63, now out-
standing in the principal amount of $220,000, bearing interest,
and maturing in the amounts on March 15 of the years, as follows:
38: 20M-78/80i
3.203: 20M-81/86;
3-1/48: 20M-87/88.
General Obligation Bonds, Series 1964, dated 7/15/64, now out-
standing in the principal amount'of $3551000, bearing interest,
and maturing in the amounts on July 15 of the years, as follows:
3.108: 65M-77/78;
3.i58: 60M-79; 55M-80;
3.208: 55M-81/82.
Park Improvement Bonds, Series 1964, dated 7/15/64, now out-
standing in the principal amount of $80,0001 bearing interest,
and maturing in the amounts on July 15 of the years, as follows:
3.108: 1OM-77/78;
3.158: 15M-79/80;
3.208: 1514-81/82.
General Obligation Bonds, Series 1966, dated 1/15/66, now out-
Standing in t13 principal amount of $540,000, bearing interest,
and maturing in the amounts on January 15 of the years, as follows:
3-3/88: 60M-78/82;
3-1/28: 6OM-83/86.
Airport Improvement Warrants, Series 1966, dated 12/1/66, now
outstanding in the principal amount of $49,000, bearing inter-
eat, and maturing in the amounts on December 1 of the years,
as follows:
4-1/28; 1OM-77/78; 11M-79; 12M-80; 6M-81.
General Obligation Bonds, series 19670 dated 11/15/67, now out-
standing in the principal amount of $360,000, bearing interest,
and maturingy in the amounts on May 15 of the years, as follows:
4-1/4i: 30M-78/89.
General Obligation Bonds, Series 1968, dated 2/1/68, now out-
standing in the principal amount of $575,000, wearing interest,
and maturing in the amounts on February 1 of the years, as follows:
48: 5OM-78;
4.108: 5OM-79/80;
4.208: 5OM-81/82;
4-1/48: 56M-83;
4.308: 5OM-84/87; 75M-88.
General Obligation Bonds, Series 1969, dated 4/15/69, now out-
standing in the principal amoui,; of $805,000, bearing interest,
and maturing in the amounts on April 15 of the years, as follows:
4-3/48: 60M-78;
4.80%: 60M-79;
4.908: 60M-80; 65M-81;
58: 70M-82/84;
5.108: 70M-85/87;
5.208: 70M-88/89.
General Obligation Bonds, Series 19700 dated 9/15/70, now out-
standing in the principal amount of $700,000, rearing interest,
and maturing in the amounts on March 15 of the years, as follows:
5-1,/48: 50M-78/81;
5-1/28: 5OM-82/83;
5.658: 50M-834;
5.804: 5OM-85;
5.908: 5OM-86;
68: 50M-87;
6.108: 50M-88;
6.208: 50M-89/90;
54: 5OM-91.
General Obligation Street improveme.:c Bonds, series 1974, dated
7/15/74, now outstanding in the principal amount of $1,725,000,
bearing interest, and maturing in the amounts on July 15 of the
years, as follows:
7-1/48: 75M-77/79;
5-1/48: 10OM-80/82;
5.308: 100M-83;
5.40;: 100M-84/85;
5-1/28: 10OM-86;
5.608: LOOM-87/88=
5.708: loom-89/90;
5.808: loom-911
5.904: 100M-92;
64: 100M-93/94.
General Obligation Refunding Bonds, Series 19740 dated 7/15/74,
now outstanding in the principal a.aount of $920,000; bearing
interest, and maturing in the amounts on July 15 of the years,
as follows:
7-1/48: 55M-77/7A;
55M-79;
,-3/4%-
5-1/44: 55M-80; 50M-81/82;
5.308: SOM-83;
5.40$: 50M-84/851
5-1/242 SOM-86;
5.604: 5OM-87/88;
5.704: SOM-89/90;
5.8042 50M-91;
5.904: 5OM-92; '
641 SOM-93/940
-r
General Obligation Bonds, Series 1976, de.~ed 4/15/76, now out-
standing in the principal amount of $2,500,000, bearing interest,
and maturing in the amounts on July 15 of the years, as follows:
6-1/28: 125M-78/81;
5.108: 125M-82;
4-1/28: 125M-83/84;
4.608: 125M-85;
4.70%: 125M-86;
4.808: 125M-C7;
4.908: 125M-88;
58: 125M-89/90;
5.208: 125M-91;
5.308: 150M-92;
5.408: 150M-93/95;
4-1/28: 150M-96.
.
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~ar~ar~.~iat~May 31, 1977
City Hall
City Secretary
Denton, Texas
Re: :'.end No. LPB-307323
Allen R. Hood Plumbing Co.
Plumbers
Gentlemen:
This is your not Lce that we tirish to be relieved of liability on
the above referred to bond to be effective July _41977
Please acknowledge receipt a.`. this NOTICE OF CA!•:CELLATION.
Yours truly,
r
!d, aJ'Y ram _ V I(I r" t.-.
Assistant. Underwriter
CC:
Allen 3. Hood Plumbing Co.
148 Garland Ave.
Garland, TX
Peavy Ina. Agency
P.O. Box 401348
f Garland, Texas 75040
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RAILROAD COMMISSION OF TEXAS
I GAS UTILITIES DIVISION
RE: PROTEST OF THE CITY OF X
^ALLAS TO LONE STAR GAS X GAS UTILITIES
COMPANY'S STATEMENT OF X
GAS PURCHASED DURING THE X LOCKET NO. 734
MONTH OF OCTOBER, 1976 X
RE: PROTEST OF THE CITY OF X
DALLAS TO LONE STAR GAS X (GAS UTILITIES
COMPANY'S STATEMENT OF X
GAS PURCHASED DURING THE X DOCKET NO. 696)
MONTH OF NOVEMBER, 1976 X
RE: PROTEST OF THE CITY OF X
DALLAS TO LONE STAR GAS X (GAS UTILITIES
COMPANY'S STATEMENT OF X
GAS P!JRCHASF.f) DURING THE X DOCKET NO, 1076)
MONTH OF JANUARY, 1977 X
RE: PROTEST OF VARIOUS CITIESX
TO LONE STAR GAS X (GAS UTILITIES
COMPANY'S STATEMENT OF X
GAS PURCHASED DURING THE X DOCKET NO. 1075)
MONTH OF FEBRUARY', 1977 X
RE: PROTEST OF THE CITY OF X
FORT WORTH TO LONE STAR X (GAS UTILITIES
GAS COMPANY'S STATEMENT X
OF GAS PURCHASED DURING X DOCKET NO. 1077)
THE MONTH OF MARCH, 1977 X
NOTICE OF HEARING AND CONSOLIDATION
The various cities indicated have filed timely protests to
Lone Star Gas Company's Statements of Gas Purchased during the
Months of October, and November, 1976, anO January, February, and
March, 1977, in the above indicated dockets, with particular
emphasis on the propriety and method of the inclusion of out of
period adjustments in those filings. Each of the above protests
appears to contain common questions of fact and law.
IT IS, THEREFORE, ORDERED BY THE RAILROAD COMMISSION OF
TEXAS that a public hearing be held at 10:00 a.m., June 20, 1977,
in Room 812 of the Ernest 0. Thompson Building, 10th and Colorado
Streets, Austin, Texas, to take all relevant evidence on the
issue of the accuracy of the Statements of Gas Purchased filed by
Lone Star Gas Company pursuant to the purchased gas adjustment ~
rule in Re; Lone Star Gas Company, Ter.. R.R Con.m'n, Gas Utilities
Docket No. 588 (June 30, 1975), for gpe costs incurred during the
Months of October and November, 1976, and January, February, and
March, 1977, and specifically the out of period aQ ustmen':s
thereto; and
IT IS FURTHER ORDERED that these matters shall be consoli-
dated and hereafter referred to as Gas Utilities Docket No. 734;
and
IT IS FURTHER ORDERED that a copy of this Notice of Hearing
be delivered by Lone Star Gas Company to each and every city,
town, and village in which natural gas service is provided by
Lone Star Gas Company; and
IT IS FURTHER ORDERED that any ins?rested person may petition
to intervene and be made a party to these proceedings by filing a
Motion to Intervene with the Gas Utilities Division, Railroad
Commission of Texas, P.O. Drawer 12967, Austin, Texas 78711, no
later than June 15, 1977; and
IT IS FURTHER ORDERED that a copy of all testimony and
exhibits which are to be presented by Lone Star at the hearing
shall be filed with the Commission and with all parties of rr.ord
as of June 10, 1977, not later than June 15; 1977; and in the.
event that any poison becomes a party of record later than
June 15, 1977, with that person upon being notified by the
Commission that he is a party of record; and
IT IS FURTHER ORDERED that in the event that the Railroad
Commission of Texas or any of its members is not present- to
preside over and hold said hearing, then and in that event, the
Director or a Hearing Examiner of the Gas Utilities Division is
hereby empowered and designated to hold the same and to do and
perform a.iy act as provided in TEX. REV. CIV. STAT. ANN. art. 6519a
(1975).
NONE AT AUSTIN, TEXAS, this the 11th day of May, 1977.
se h Piotrowski', at.
ting rector
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EXHIBIT "A"
r '
aiuyers Title Insurance Corporation
A STOCK COMPANY
HOME OFFICE - RICHMOND, VIRGINIA
Attached to and made a part of Lawyer, Title IneuranceCorpor&Con D-77-128 RE
Type of Policy or Binder
TRACT IS
All that certain tract or parcel of land situated in the B.B.B. b C.R.R. Survey,
Abstract No. 185, Denton County, Texas, and being a part of that certain tract
deeded by J. A. Carroll to the Missouri, Kansas b Texas R.R. Co. on October 9,
1885, recorded its Volume 28, Page 403, Deed Records of Denton County and being
more fully described as follows:
BEGINNING at the Northwest corner of Block 14 of the B.B.B. f: C.R.R. Survey,
Abstract No. 185;
16
THENCE North 89 deg. 21' 19" E. 385.55 feet to the East R.O.W. of a 60 feet road,
an iron pin, the true point of beginning;
THENCE North 89 deg. 21' 19" E. 27.21 feet to a point 50.0 feet from the center-
linrj of the main tract of the T. 6 P. R.R., a 60 penny nail In the cross tiq
THENCE with a curve to the left whose tangent bearing is S. 20 Deg, 54' 36" W.
and radius is 1959.86 feet a distance of 325.55 feet to an iron pin;
THENCE S. 89 deg. 18' 50" W. 121.17 feet to the East R.O.W. of a 60t road, a
railroad spiKe driven in a concrete slab;
THENCE N. 30 deg. 18' E. with said R. 0. W. 363.7 feet to the true point of
beginning and containing 0.497 acres.
TRACT II:
All that certain tract or parcel of land situated in the B.B.B. 6 C.R.R. Survey,
Abstract No. 185, Denton County, Texas, and being a part of that certain tract
deeded Ly J. A. Carroll to the Missouri, Kansas and Texas R.R. Co. on October 9,
1885, recorded in Volume 28, Page 403, Deed Records of Denton County and being
more fully described as follows:
BEGINNING at the Northwest corner of Block 14 of the B.B.B. 6 C.R.R. Survey,
Abstract No. 185;
THENCE N. 89 deg. 21' 19" E. 315.47 feet to the West R.O.W, of a 60 feet road
and the true point of beginning, an iron pin;
THENCE S. 3D deg. 28' W. 340.59 feet to a point of tangency of a curve to the
right, an iron pin;
THENCE with said curve whose radius is 1937.02 feet a distance of 96.91 feet
an iron pin;
THENCE leaving said curve radially N. 56 deg. 40' W 62.00 feet to the East
R.O.W. of Bell Ave., a hole drilled in a concrete slab;
SU RA Lluyers Title Insurance t9rporation
Countersigned at Denton, Texas. ' fro t~bIV~
this 20th day of May .1977 1 SEAL 9g
..r+~ Artt; President.
LAWYERS TITLE OF DENTON
``te'a FecreUry.
(Mrs.) Ruth juthori:ed Officer or Agent
Foote, Vice-President
• ATTACHED EXHIBIT "A" (CONTINUED)
aWyers Title Insurance Corporation
A STOCV.. COMPANY
HOME OFFICE - RICHMOND, VIRGINIA
Attached to and made a part of Lawyers Title lmurance Corporation D-22-17R AF _
Type of Policy or Binder
THENCE S. 0 deg. 411 10" E. with said East R.O.W. 207.17 feet, an iron pin,
THENCE N. 36 deg. 121 E. 71,92 feet to a point of tangency of a curve to the
left, an iron pin;
THENCE with said curve whose radius is 1997.02 feet passing an iron pin at 19.39
feet and continuing a total distance of 199.83 feet, an iron pin;
THENCE N. 30 deg. 28' E. passing a tailroad spike in a concrete slab at 13.10 feet
and continuing in all 376.8 feet, an iron pin;
THENCE S. 89 deg. 21' 19" W. 70.08 feet to the true point of beginning and con-
taining 0.873 acre of land.
bimrs 1111e Insurance Orporalfon
,,SUn~f
E r•
Countcreigned at Denton, Texas
W SEA Tti•L6.vs~
this 20th day of May ,19 77 L
; President.
ATTM. LMERS TITLE OF DENTON
fem.. . .......G ~.`GT . •.l f..... .
Authorized Officer or Agent
(Mrse) Ruth A. Foote, Vice-President
Lapyers Title Insurance Corporation
A STOCK COMPANY D-77-•128 RF/cc
AMOUNT Home Office ~ Richmond .Virginia X 678=525
,..31$000.00. OWNER POLICY OF TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, hereinafter called the Company, for value
does hereby guarantee to the herein named Insured, the heirs, dev'sees, executors and administrators of the Insured, or if
a corporation, its successors by dissolution, merger or consolidation, that as of the date hereof, the Insured has good and
indefeasible titlf. to the estate or interest in the land described or referred to In this policy.
The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall
the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at
its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the
land, or any part thereof, adverse to the title to the estate or Interest In the land as hereby guaranteed, but the Company
shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the
exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Con-
ditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the com-
mencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the
pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such adverse in-
terest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply, and if such ad-
verse Interest, claim, or right so established shall be for less than the whole of the estate or Interest In the land, then the
liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the
whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in the land,
such ratio to be based on respective values determimble as of the date of this policy. In the absence of notice as
aforesaid, the Company is relieved from all liability with respect to any such Interest, claim or right; provided, however,
that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or
proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudice-i by such failure.
Upon sale of the estat, or interest in the land, this policy automatically thereupon shall become a warrantor's policy
and the Insured, the heirs, devisees, executors and administrators of the insured, or if a corporation, its successors by
dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protected ac-
cording to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any warranty
of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the land. The
Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the
date hereof and not excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability not to
exceed the amount of this policy.
IN WITNESS HEREOF, the LAWYERS TITLE INSURANCE CORPORATION has caused this policy to be
executed by its President under the seal of the Company, but this policy is to be valid only when it bears a,, authorized
countersignature, as of the date set forth in Schedule A.
buyers title Insurance Cgrporation
Countersigned at nENTON Texas LAWYERS TITLE OF DENTON Atfr''"•'pFC, Ul t? e~`
Attest: President
112S Z
Authorized Countersignature
(Mrs.) Ruth A. Foote, fug
Vice-President
SCHEDULE A Secretary
Date of Policy MAY 20, 1977
Name of Insured; CITY OF DENTON
Amount:----------THIRTY ONE THOUSAND AND N01100 ($31,000.00) DOLLARS
1. The estate or Interest in the land insured by this policy is: Ifee simple, leasehold, easement, etc. - identify or describe)
Fes Simple
2, The land referred to in this policy is described as follows:
SEE ATTACHED EXHIBIT "A" attached hereto and made a part
hereof for all purposes.
SCHEDULE B
This policy Is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, if any, shown in Schedule A, and to the following matters which are addrtonal exceptions from the coverage of
this policy:
SEE ATTACHED T.XHIBIT "A" attached hereto and made a part
hereof for alr. purposes.
SCHEDULE B
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in.
sured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of
this policy:
1. Restrictive covenants affecting the land described or referred to ab lve.
2. Any discrepancies, conflicts, or shortages in area or boundary Vies, or any encroachments, or any overlapping of im-
provements.
3. Taxes for the year 19_71 and subsequent years.
4. The following lien(s) and all terms, provisions and condilons of the instrument(s) creating or evidencing said lien(s): t
I
5. Present restrictions, reservations, cove(ants ani dedications, if any, existing
against said property.
6. Existing Building and Zoning Ordim?aces, if any;
7. Right of parties in possession;
8. Easements or Licenses, whether recorded or unrecorded, covering utility lines,
railroad tracks, drainage courses and communications lines now existing; encroachment
and agreements of any kind or character affecting the above described premises.
9. Mineral reservation in favor of Missouri-Kansas-Texas Railroad Company contained i
Special Warranty Deed dated April 30, 1974, from said Railroad Company to Seller here
in as recorded in Volume 705, Page 83, Deed Records of said County.
1.0. Any visible and apparent easements which are unrecorded or recorded on the insure
property.
AM _W a"
kwmoaw~~ 4 I4MO
Policy 90-Taxn Form T • 1 Rev, 1.76 Owner Policy- Form ascribed Sus Board of Insurance of Tama
CONDITIONS AND STIPULATIONS
1. Definitions
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by reference, in Schedule A, and Improvements affixed thereto which
by law constitute teal property.
(b) "public records": Those records which Impart constructive notice of matters relating to the lard.
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be Imputed to the insured by
reason of any public records.
(d) "date": The effective data, including hour if specified.
Z Exclusions from the Coverage of this Policy a
This pol does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears In the
public reoards at the date hereof; and the consequences of any law, ordinance or governmental regulation in-
cluding, but not limited to, building and zoning ordinances.
(c) Any titles or rights asserted by anyone Including, but not limited to, persons, corporations, governments or other
entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes,
bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of Vegetation, or to lands
beyond the line of the harbor or bulkhead lines as established orchanged by any government, or to filled-in lands,
or artificial Islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the
area extending from the line of mean low tide to the line of vegetation or their right of access thereto, or right of
casement along and across the same. •
(d) Defects, liens, encumbrances, adverse claims against the title as Insured or other matters (1) created, suffered,
assumed or agreed to by the Insured at the date of this policy, or 12) known to the Insured at the date of this policy
unless disclosure thereof in writing by the insured shall have been made to the C.)mpany prixir to the date of this
policy; or loss or damage which would not have been sustained if the insured H ere a purchaser for value without
knowledge: or the homestead or community property or survivorship rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defensa of any action or proceedirg, the Insured shall secure to the
Company the right to so provide defense in such action or p;eceeding, and all appeals therein, and permit it to
use. At Its option, the name of the Insured for such purpose. Whenever requested by the Company, tho Insured
shall give the Company all reasonable aid in any such action or proceeding, In effecting settlement, securing
evidence, obtaining witnesses, or defending such action or proceeding.
(b) The Company shall have the right to select counsel of its own choico whenever it is required to defend any action
or proceeding, and such counsel shall have full control of said defense.
(c) Any action taken by the Company for the defense of the Insured or to establish the title es Insured, or both, shall
not be construed as an admission of liability, and the Company shall not thereby be held to concede liability or
waive any provision of this policy.
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling
any claim or suit without written consent of the Company,
(6) All payments under this policy, except payments made for costs, attorney fees and expenses, str, i reduce the
amount of the insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company
may pay under any policy Insuring the validity or priority of any lien excepted to herein or any instrument hereafter
executed by the Insured which is a charge or lien on the land, end the amount so paid shall lie deemed a payment
to the insured under this policy.
(c) The Comp my shall have the option to pe 1 or settle or co-mmise for or in the name of the Insured any claim in-
sured against by this policy, and such I •eyment or tender of payment, together with all costs, attorney f9es and
expenses which the Company is obligav. 3 hereunder to pay, shall terminate all liability of the Company hereunder
as to such claim. Farther, the payment t , to- ler of payment of the full amount of this policy by the Company shall
terminate all liability of the Company under this policy.
may pay under any policy Insuring the validity or priority of any lien excepted to herein or any instrument hereafter
executed by the Insured which Is a charge or lien on tho land, and the amount so paid shall bo deemed a payment
to the Insured under this policy.
(c) The Company shall have the option to pay or settle or compromise for or in the name of the Insures any clam In-
surod against by this policy, and such payment or tender of payment, together with all costs, attorney f les and
expenses which the Company Is obligated hereunder to pay, shall terminate all liability of the Company hereunder
as to such claim. Further, the payment or tender of payment of the full amount of this policy by the Company sl+all
terminate all liability of the Company under this policy.
(d) Whenever the Company shalt have settled a claim under this policy, ail right of subrogation eha!I vest in the Com-
pany unaffected by any act of the insured, and it shall be subrogatod to and be entitled to aR rights and remedies of
the Insured against any person or property In respect to such cialm. The Insured, if requested by the Company,
shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect
such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or
litigation involving such rights orremedies.
6. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, ngainst the Company, arising out of the
status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given
the Company, and any statement in writing required to be furrdshed the Company, shall be addres.ad to it at Its home of-
fice, 3800 Cutshaw Avenue, Richmond, Virginia 23230.
6. This r olicy is not tra nsfe rable.
xal~ y rAp' ~l uti~I 4ti ;'tllnr p WNi "qW,r' 1 &1 N7 W UW y r&1p lgJh +NU.' 011'~.r e~ t n x ? i lfn 9 1~ 4
~~'+.'t+.'.U•'" ""l~•:~'~p°,;♦vh.'4,'9"'.7~~.~. iy,~.y ,P t'k,'r N, . .tlw
All. Mir ,~flir'p1.r1 ~+ftb 't~ 1\ ~i ''i tb. /~1r~ \ 1 ~r• '
POP lAi ~~dN3 qli! ~ ~"~tu hu4r i~ ~ nNb` uFN a~« l~~' ^.NM i ~Uro_ ',~g,'F ~tl@M
r • t~~, to
a ~~yy a ~Cqy
J ~ ( )lt l(.~L'l r. i ~ ~ O V
`t) 1r
d _ '1 r "
Award ofrhaedu to owlaawd.....
As we make your pocky a pert of our permanent recartb, We wart to express our apprecistkn of aim
evidence of your faith in Lawyers This Insurance Corporation.
There Is no recurring premium
This policy provides vatuabh th& protection and we supper you kaap it in a safe ptacs where it will be
readily ausFable for future re'erence.
M ycu have any questions about the protection provided by III oolky or whh to contact Us for any
other tassor% write to.
ConsumerAffatrs Department
611 Tdo Insuranoe Orporatlon
P.O. Box 2766
Richmond, Virginia 23281
•
a
t1
J. WFVAGo[F JR, cIaa7.16721 MEMBER OF
J. W. JAGOE. III TEXAS TITLE
A SS«I ATI ON
JAGOE ABSTRACT COMPANY, INC.
FOUNDED IN 1636 BY JUDGE JOSEPH A. CARROLL
OPERATED SINCE 1674 AS JAGOE ABSTRACT COMPANY
P. O. BOX 267
ISSU[NO AGENT FOR DENTON, TEXAS 76201
STEWART TITLE GUARANTY CO. May 13T 1977 ARt. Coot 617/302-6626
City AttorneyTs Office
City of Denton
Ret Our GF B3282
Sale from Jacob Sieble
Pt. of E. Puchalski Sur. A-996
Gentlement
In connection with the captioned transaction t.:e enclose Owner '-rle
Policy.No. 0961815A.
If we may be of further assistance to you, please call on us.
Yours very truly,
JAGOE ABS RACT COMPANY, INC.
By'LLt~
aj J
enclosure
1 1
COMMISSION STATE DEPAkTMENT OF HIGHWAY'S ENGINEER-DIRECTOR
REAGAN HOUSTON. CHAIRMAN AND PUBLIC TRANSPORTATION 8 L DE8ERRY
DEWITT C. GREER p. 0. Box 3067 Dallas, Texas 75221
CHARLES E. SIMONS May l8, 1977
IN REPLY REFER TO
V FILE 140
Maintenar,ce Agreement MAY 19 1977
City of Denton
CITY Of DENTON
Mr. Jim White MANAGER'S OFFICE
City Manager
City of Denton
Mmicipal Building
Denton, Texas 76201
Dear Mr. White:
Reference is made to your letter dated April 27, 1977, with which you
enclosed a certified copy of a resolution by the Denton City Council re-
questing the elimination of State maintenance on F14428 (Sherman Drive)
from its intersection with Locust Street to its intersection with Hercules
Street.
We►are agreeable to this change in maintenance responsibilities and we
have prepared papers with which to accomplish the change from IJS380 to
Hercules Street.
If you find the papers in order, please execute and return to this office
th,.:e (3) copies. You may keep one copy for your files now and when the
three copies have been completely executed by the Department, one copy
will be sent to you.
's very tru}y,
John 0. Keller s
District Engineer
Attachments
ir' - ~oo .
Legend
Exhbt 'W
I ^!en Controlled Access
bl
ue feou Highways Mn Y
+ 0 State Maintoined Mme And Surface OnIX) ,
0 State Maintained (Ease, Sur face, Assist In vowing, Cleaning Litter,
And lu tdaintenonce Of Roadway Ditches.)
I, O City Maintained
1 ' Gig'' - , . •IJ' tPfflL
DEN10fVN
fh5 y ,./~~~"1:' S' • \ POP 26.Q44 •
35 • •3 ,mss it ~ I
. tit C' t .III ~ rl 'f` `Y \ 4 s' • ~
I \ ~ C FPr f ri ,
4,4
2.6
2,3
•1' 1, " i 7~ 1~''cl '{~t~ ~ } --v, "
t
DFNlprf 2.5 f.
FA 5
1 J\
3 C)
• , 555 I/ FQ! f' 13 ~L • •
I%
06
, s No community 1,
~
Community t
49 .4 1
35
974M L
Ord 1)
13 5 Q
w Cily
'Lima r
\ ~ CORINT1t '
AN AMENDMENT TO THE KJNICIPAL MAINTENANCE AGREEMENT
BETWEEN THE STATE OF TEXAS AND THE CITY OF DENTON
The Municipal Maintenance Agreement between the State of Texas Pnd the City of Denton,
Denton County, Texas, dated May 13, 1969, is hereby amended as follows:
EMIBIT "A"
NON CONTROLLED ACCESS HIGHWAY
1. STATE MAINTAINED
Delete:
J. FARM TO MARKET 428: From the North City Limits to the intersection of
Woodlawn Street. (Assist in mowing, cleaning
litter, and in maintenance of roadway ditches.)
K. FARM TO MARKET 428: From the intersection of Woodlawn Street to S.H. 24
(Maintain base, surface, and structures only.)
Add:
W. FARM TO MARKET 428: From the North City Limits to the intersection
of Hercules Street. (Assist in mowing, cleaning
litter, and in maintenance of roadway ditches.)
II. CITY MAINTAINED
Add:
E. FARM TO MARKET 428: From the intersection of Hercules Street to
U.S. 380
EXHIBIT "A"
MAP
Delete:
Original map dated May 13, 1969
Addt
Attached map dated May 18, 1977
i
MAUPICE W000 , f
BPJTT Wooo S. :G rN
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2919 COMMERCE STREET TELEPHONE 214 741-4677
DALLAS, TEXAS 76226
Pay 9, 1977
City Manager,
City of Denton, Texas.
Dear Sir: RE: BOND FOR SIGN DINGING
Our Bond expires June 26, 1977, so herewith is renewal
of bond ~ 1/ Gc tcc-cam- / i d
B. M. WOOD-SIGNS
~)cuq
MAY 101977
CITY or DENTON
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C(I5TQ'I? c1lli:5" Is1N5
1. How much of the projected 5 billion(now 8 billion) dollars cost of the THI'A
power project will be,passed on to the Denton consumers? Will this be yew ly ur
monthly, for how long, and on a per capita basis?(ref: ENR Hagazinn 8-28-75)
2. What is to be the duration of paymrnt on the revenue bonds proposed for
the power pool project, and how much ;noney is involved on how many proposed bond
ssles?(ref: ENR Magazine 8-28-75)
7. What is meant by THPA's 10% share of the Comanche Peak nuclear power plant?
Is it 10% power, 101; stock, what does .10% represent in dollars to Denton?(nbw 6%
without Brazos participation)
4. Why weren't the citizens informed as to the experimental nature of the Bryan
Lignite plant? As it is understood, this is due to the use of a low grade of coal
that has never been used as a power source before in the USA, and that It will
require a substantial amount of a secondary fuel in order to burn the lignite.
Explain this please, because many citizens see this plant as a cure-all to our
energy problems.
5. Where will the required fuel come from, at what cost? 1s It on contract?
6. How much land has been purchased, leased, etc. for the lignite plant?
1. How much land is required to make the project economically viable? '4so
determined this? How many cubic yards of earth must be removed to get to the coal
seams?
8. What is the size of the proposed generating fncillty In Megawatts?
9. Has a deign engineering firm been chosen? lluw? Was/will the City Council
have a direct vote in the choice?
10. Has ar.y equipment been purchased? If so, how much In dollars have been spent?
I
11. What is our share of the peak output in % and in megawatts?
12. 1981 is the oft mentioned start-up date. Is this realistic? Who determined
the schedule?
b
17. Does the Cossneil feet 'the City Manager is the appropriate representive to tho
TMPP? In he responsible to the THPP or Denton for his THPP activities? Who Pays his
-costa for THPP activities?
14. What method and at what cost will be required to move the coal to the IIS'.!?Stc
plant? Over what distance?
15. Have permits and lisconses been obtained for the construrlion and oller;ttfiln of
the Bryan lignite plant?(n•)ne as of 9-17-16)
16. Have mineral rights been obtained for the Sryan Lignite pl+lnt?(u.lu,• nti of ()-17 'hr
17. Why did the city move so fast on this lignite pro)ect will) pendlnK Icgivlatir4.1
and legal questions left unanswered, and not move al all to r,-move a 12 112k ro,I Itor?
out fuel adjustment? Is it easier to spend mill lons of dnllacv than it le III v.ivr•
the consumer only a few? Is it rc.rsonahle to .11 low the.quesllon ul•removal of stir
12 1/2% in the legislature for Vom--lhly it year when the consumers need this help uow!
all
Page 2
18. ~is 5 to 8 billion dollars a foir estimate of cost on the proposed power pool
projects over the next 30 to 35 years? If so, why hasn't this amo+,nt been broken down
to Inform the citizens that Denton's 20.3-1iX share will cost each user between $)12
and $276 per month(based on the current numh(,r of electric users). This amount does
not include the charge for electricity used, only for the projects.
19. Can the Utility Board meeting time be changed from 7 a.m. to the afternoon?
20. What did the City Fathers bane their decision on to become involved In the
billions of dollars in projects a•isociated with the MA when to our knowledge, no
formal study was ever under taker?
11. Row ran the amounts of mD;,ey projected in costs for the prrjects be based on
growth of the city, when there has been virtually no growth over the last 4 years?
22. Did Texas Instruments, Oscar Myer and Johnson 6 Johnson change their minds to
bring their facilities to Denton because of taxes, utility rates, or coalftlon be-
tveen existing industries to keep unionized wages away from those existing industries'
source of cheap labor from the two colleges. Is this another reason for non-growth?
23. Who were members of the City Council and Utility Board and City Manager at
the followinf times:
a. entry into the power pool(1969)
b. entry into the present Lone Star Gas contract
c. entry into the money spending portion of the TMPA
24. Will the Lignite Plant's coal supply and facilities last until the revenue
bonds are re:lred?
25. Since Brazos Power has pulled out, will the cit.les In the ps,wer pool have to
make other atrnngments In order to secure transmission fnclllties for the Comancl+i-
Peak power generation since this was supposed to he supplied as part of Brazn's
involvment? If so, at what cost?(Brazos currently holds lX share in TMPA for
buying purposes)
26. Have water rights and transmission facilities been procured for the lignite
plant?
27. Can you tell us something about the coal reserves that are proposed In Colo-
rado and Wyoming? What will be the transportation costs if such minerals are
used.
28. With a staggerning 8 billion dollar pru)ect stnreing us In the fare and since
Brazos power has pulled out, with rumors of legislation fnr Csrland'n exit from
the IVA--Now will the remaining 3 titles be expected to pick tip Gosrlaud's 47t of
Power pool costs?
29. Where Is Denton's 20,34% share of the $30 million dollar Comnnc•he I'cak pro-
ject due October 1977 coming from?($6,102,000 is our share or $436 per raplun)
30. Since consulting engineers have estimated that $155 million dollars will be
required for "studies and facilities" and that Brazos was supposed to loot 401 of
that figure, will we also have to pick up Brazo's tab for this little expenditure?
31. According to the bond contract, the am unt of lignite coil at the Bryan site
Is insufficient to run that plant for its hill duration of oprratlon, other nlter-
hate fuel sources are going to be required If new deposltes are, not found to be
purchased, if bituminous coal is aqufred from the "western USA" an overhau) will
be necessary to time, It. What plane have been m,u'e to aqulre now lignite and/or other
(title--a. at what cuet,h, over wh.st perlod of f Imv.
• 4r, Pup j
t The following questions are dlrccted t~ o.ir City Manager.
I. Is Mr. James II. Whlty. .Ir., pr lnriple .'nf;inccr for the P. W. Rock b Ass.
.and signer of the "Preliminary Prwer Pool Stndy" 1-75, ~cnv rrlatIon to mcr City i
Manager?
1. Several times Jim White has stated that the utility transfers offset taxes
and this is necessary because of the large tax exempt base in Denton who do use
utilities. Does TWU generate their own electricity'. NTSU? Can the city force them
to procure Denton produced electricity to more fully use our capacity and reduce
operating costs per kwh?
3. Why are 95.5 people required to run our elertric utility? (this does not
Include support personnel on t)ie city staff paid by utility transfers)
4. Why is there 1 manager(supervisor) for every 4.45 people?
5. What is our average .and(ictual) peak boiler effictencies? Can this be
improved by weekly or bimonthly maintenance?
6. How much was the consultant from Kansas City paid for his review of the over
700 kwh usage rate?
7. Why did we need his services, isn't anyone on the city staff knowledgeable
on the components of our rates?
8. Why was it OK to eliminate the 12% charge for the expansion fund from the
base fuel charge in the over 700 kwh rate but not across the board as suggested?
9. How can the Ctt of Denton justify the purc}hnsingof power from other utility
companies at a rate of 1.59 and 2-.4 cent/kwh In January then selling It to Denton
consumers at a rate of 4.1 cent/kwh, resulting In a profit of almost $300,000?
What will be done with all this money?(ref: 2-27-77 D,gnton County Enterprise,pg.l)
10. What is the $4.40 flat rate charge and why during discussions of our excessive
rates has it not been shown an part of those rates? Is this really a hidden charge
and is It necessary?
11. What can be done to releave the aged and low income fnmilles toward removal of
the tote charge if a ligitlmate effort Is being made to pay those "late" bills?
(in ielu of averaging)
t5 The following questions are directed to the Utility Board.
I. After the March 19t Joint meeting, Mr. liarpaol stated to a gathering of
citizens whn hnd attended, that no payment was due to the power pool In 1917. Why
then according, to the bond contract the 4 cities will have to pay $1,OR0,000 dollars
by ortuber 19771
2. Will the study on the utility situation be unlimited in scope, or will it
be a rover-up?
3. Nj you think the Utility Board acted In gond faith when they recnnmended
R. W. Berk and "Ross" to do the study? They have done work for the THPP.
4. . Tuesdny night, Mr. iiarpool stated he had no responslbllJty for decfsinns made
concerning,our Utility system-that all responsibility Jay with past and present
counclin, Mow can he reconcile this statement when the charter(ser,. 12.08) de-
fines the Utility Board as advisory and supervisory?
page
5. How could the city fathers propose $50,000,000 bond sale. on the basts of a
preliminary study with incomplete Information, and with"ball park" estimates
(plus cc minus 152) as was stated by Paul Weir Co. In the Bond proposal 1976?
6. Who Is the governing force over the Utility Board?
7. Can Utility Board members be removed during their term, If so, who? Why
hasn't a utility director been appointed. We have only 5 members now. Section
11.07 of the City Charter says we shall have 5 members and a utility director.
Are the citizens getting a fair representation from only 5 m,nnbers?
The following questions are directed to the Mayor.
1. Whet, Mayor Hughes was furnished positive proof that Paul ltisham lied to the
full council In an open public meeting concerning his meeting with T j 6 L, why did
she neglect to investigate?
2. Why was the Grote lawsuit withheld from the council?
The following question Is directed to Council tephens.
l' 1. £everal weeks ago, at a council meeting, you asked the staff to review the
'electric. utility budget to determine if any expenses could be reduced, cut or defer-
red and the benefits passed on to the consumers. What has been the result of this
study?
The following questions pertain to the sale of our Utility plant.
1. How much tax increase would he required to replace the "profit" on the
electric system.
a. with $400,000 tax payment from a new owner
I. Monthly cost to $20,000 home owner
2. Monthly cost to an industrial customer, such as Harpool Feed d Seed
b. With "0" tax payments from New Electric plant owner
1. Monthly cost to $20,000 home owner
1. Cost to an industrial customer such as Harpool Feed 6 Seed
2. If thru the forthcoming survey It is proposed that the sale of the utility
company would be beneficial, how could we divorce ourselves from TMPA? and at `
what cost to the citizens, it any?
3. if the safe of our power company is to be done, can we sell it--what is
the procedure according to the utility charter?
The following questions tire directed to the City Attorney.
1. How much settlement did Grote recelvc and how much (value) land was purchased
from Grote?
2. Why is an out of criurt settl ment with Lone Star Gas being considered rather
than a trial before the people? I~ we have a strong enough came to win the IItl-
gation--why not set a president and give the other take or pay customers In the
t to the benefit of our experlences?
3. Who is handling the negotiallons with LSG. to It possible for the people to
have a voice in this decision? '
4. Now does the city government rvart to the distinct inn of having the 2nd
hlghtlat utility rates in the state of Texati?
Page 5
OThe following questions are directed to the City Council.
1. The city has preached the need for conservation and insulatlon. !Los the
council asked Mr.Tulfos to do n survey of city buildings to Identify required maln-
tenante and modifications? Has the council noted the following?
a. 1/4 If gap between doors of city hall
b. doors which can not be closed on the old city hall building
c. fire department overhead doors open, equipment outside and heat on
d. thermostats apt at 70-72° F
2. 'Will the city council mandate a temperature of 78°F or higher In city
buildings for the summer?
3. If the state legislature does not lake quick action on the question of life
removal of our 12.5% bond covent, will the council act on its own to remove this
12.51 burden from our fuel ayueteent.charge?
4. Has the council considered reducing the profit from the Utility company and
.funneling that money back to the consumers in the form of lower utility rates?
5. With Hr. Jack Cowen as acting director of utilities, Assistant city Manager,
over Library purchases and Director of Public Works, can he with so many du des be
expected to be able to devote his full attention to any one or all of the aspects
of each, or has he by accident become a ruhher stamp for the city manager.
11,1e list of questions were compiled by many concerned cittzens.
.
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UEP : 1'rION 01.1011 IF
Pon THE
EASTERN DISTRICT OF TEXAS ,(n 7
SHERMAN DIVISION CIVIL. AMON Flu No, `
WEST TEXAS UTILITIES COMPANY, ET AL.
ve. CA3-76-0633F
TEXAS ELECTRIC SERVICE COMPANY, £T AL.
TO Denton Municipal Utilities of the
City of Denton, Texas
YOU ARE COMt TANDED to appe.r at the Municipal Building
In the city of Denton, Texas
on the 19th day May , 19 77 , at 3: 00 o'clock, P - H. to testify
on behalf of plaintiffs
at the taking of a deposition in the above entitled action pending in the Unitcd States District Court
for the Northern District of Texas and bring with you'
See Exhibit A attached hereto and below note on Rule 30(b)(6).
The matters on which examination is requested relate to the
identification and authenticity of records called for in
Exhibit A.
Dated
_ wn I
AtUnRAY C. 11ARRIS
aMcMurry
AlfarneylI' Plaintiffs , Clrrk.
+ 4200 Republic Nat'l Bk Tower By _
Addrtoo Dallas, Texas 75201 DepufyCter.k.
Any subpoenaed urganirstion not a party to thin suit is hereby admnnlslied pursuant to Rule 30 (b)
(G), 1''ederal Rules of Civil Procedure, to file a designation with the court specifying one or more
officers, directors, or mnnAging ngents, or other persons who consent to testify on its behalf, and
shall set forth, for each person designated, the matters oil which he will testify or produce documents
or things. The persons so designated shall testify As to matters known or reasonably nvallnble to the
organisation.
l
a of
{f1strike and tlUnn hroM be t 4ntch0fel rin Of blanf Ita,e ! owwocllfnthhat So P f. It uf~nenl lild Of eat 01llelulkohr ttrrm"lrtl+e+s
/stints 4 ttgitoW, aw"Ito with "atonable wAkuleTltF tM mai4re on which eltndnallnn to tpuatfJ.
RETURN ON SERVICE ,
Received this subpoena At on
and on at
,served it on the within named
by delivering A copy to h and tendering to h the fee for one day's attendAnco and the mileage
allowed by law.'
bated;
,10----
Service Pecs ny
Travel ........ry--I);
s Services _
TotAl
Sabsetked and sworn to bcforo isle, A this
day of 10
t'reel~ A"4 •mllfll! nref hilt he lrndfrrd In ohs rhufn upon Andr! hl a hrbpoetA luu/d In ht}111 ill 1h! thdlfd 9111f1 ne In olheel of
lrfnlr 1ltfktol, 11 unue,fhl, f ul A u.Leueua Ic ued nn hth+ll of a pHN +ulhnrlfrd In pinreed In ioerua p lierikbwltfte IhF pltmfhl ihetehf
teldLFhllde►flbelhJleAnlefNmu,het,IleuthnNrYdlnlerllonlldlul1111fl0•(1„11:, ,
solo 1!►.IfA
NnU Aff1dw11 UHuftM nn1} n lehhe IF utlde I'l 1 pgenn o1hF11hIn 11111110,1 9161,111/11141 of l4dey.W/,
L
ATTACHMENT "A" TO SUPPOENA
DEFINITIONS
"Documents" means, without limiting the generality
of its meaning, all original (or copies where originals are
unavailable) and non-identical copies (whether different
from originals by reason of notation made on such copies or
otherwise) of all wk_tten, recorded or graphic matter,
however produced or reproduced, of correspondence, telegrams,
telexes, notes or sound recordings, minutes of directors',
committee or other- meetings, memoranda, inter-office communi-
cations, studies, analyses, notes, books, records, reports,
summaries and results of investigations and tests, reviews,
contracts, agreements, pamphlets, diaries, records, computer
data or papers similar to any of the foregoing, however
denominated, including preliminary versions, drafts or
revisions of any of the foregoing and any supporting, under-
lying or preparatory doc.•unents.
"Relating to" means consist of, refer to, reflect
or be in any way legally, logicai'_; or factually connected
with the matter discussed:
"Interstate Restriction" mains any restriction,
whether contained in a written contract or other document or
whether such restriction was imposed orally or was the
result of an oral or tacit agreement or understanding, on
the sale or purchase of electric energy across state lines,
or on the ownership or operation of any facilities used for
or in connection with the transmission of electric energy
across state lines.
"PTI Report" means the Report prepared by Power
Technologies, Inc. entitled "Expansion Study of the Central
i South Wost Corporation Electric Power System" dated
Novemb r 14, 1975.
"Modo 2" and "Modo 4" mean those modes of opor-
ation designated as such in 00 PTI Report.
mod
"Utility" means any corporation, cooperative,
jointsl.ock association, federal, state, local or other
governmental unit, and any other entity engaged in the
production, generation, transmission, distribution or sale
of electricity.
DOCUMENTS REQUESTED
1. All documents relating to (a) requests made
to or by any other electric utility to interconnect, and (b) ;
responses to such requests.
2. All docr.ients relating to (a) requests made
to or by any other electric utility to participate in any
joint generation or transmission facility, and (b) responses
to such requests.
3. All documents relating to the establishment,
existence, purpose or justification for any "Interstate
Restriction". (See "Definitions".)
4. All documents relating to the effect that any
"Interstate Restriction" has had or may have on nny aspect
of the business of Denton Municipal Utilities of the City of
Denton, Texas, includi•ig but not limited to, the ability of
Denton Municipal Utilities of the City of Denton, Texas (a)
to purchase or sell economy power, (b) to interccnnect with
other utilities, (c) to participate with other utilities in
joint generation or transmission facilities.
5. All documents relating to the installation,
maintenance, operation, removal off, surveillance of any
relays, interlocks or other protective devices which ensure
that electricity is not transmitted or received across state
lines.
61 All documents relating to any effect on
Denton Municipal Utilities of the City of Denton, Texas's
6loctrie system or its customers by the service of tho towns
.2-
r '
of Davidson, Frederick and Tipton, Oklahoma by West Texas
Utility Company's formerly intrastate system after May 4,
1976.
79 'All documents relating to any effect on
Denton Municipal Utilities of the City of Denton, Texas's
electric system or its customers of West Texas Utility
Company's synchronous operation with the Southwest Power
Pool after August 28, 1976.
8. All documents relating to any effect on
Denton Municipal utilities of the city of Denton, Texas's
electric system or its customers by an implementation of (a)
Mode 2 of the PTI Report (b) Mode 4 of the PTI Report or (c)
any mode of operation similar to Mode 2 or Mode 4 of the PTI
Report.
9. All documents relating to any effect on
Denton Municipal Utilities of the City of Denton, Texas's
electric system or its customers by any implementation of a
mode of operation in which the former TIS companies would
engage in thb joint planning and construction of generation
and/or transmission facilities and/or the centralized
dispatch of generation.
10. All documents relating to the opening of
interconnections on May 4, 1976.
11. All documents relating to any request, dis-
cussion or consideration of opening or,closing any inter-
connectidn(s) after certain interconnection with Denton
Municipal Utilities of the City of Denton, Texas were opened
on May 4, 19766
12, All document•g relating to (a) any actual or
potential competition by Denton Municipal Utilities of the
city of Denton, Texas with any other olectri utility, or
(b) actual or potential comprtit-ion between other electric
utilities in Texas, to serve industrial or commorciAl
customers.
=3.
i
13. All documents of Dc!nton Municipal Utilities
of the City of Denton, Texas sufficient to show its (a) the
total annual (i) sales of electric power to other utilities,
(ii) purchases of electric power from other utilities, and
(iii) exchanges of electric power with other utilities, all
for the period January 1, 1967 through December 31, 19761
and (b) the reason for each such purchase, sale or exchange
(e.g., "economy", "emergency", etc.).
14. All documents sufficient to show the geo-
graphic scope and extent of the territory now served by
Denton Municipal Utilities of the City rf Denton, Texas.
15. All documents relating to any discussions or
conferences in which the matter of tree gco;raphic scope
and/or extent of the territory served at any time, or to be
served, by Denton Municipal Utilities of the City of Denton,
Texas was discussed.
16,. All documents of Denton Municipal Utilities
of the City of Denton, Texas sufficient to generally explain
any acquisition of any property, or r4ghts or franchise of
any other electric utility by Denton Municipal Utilities of
the City of Denton, Texas.
17. Al documents from 1960 to date of Denton
Municipal Utilities of the City of Centon, Texas which
reflect attempts to attract a particular customer or type of
customer to your service area.
18. All documents of Denton Municipal Utilities
of the City of Denton, Texas sufficient to show tho approxi-
matp average cost of generating electric power from January
10 1967 through December 31, 1976.
19. All documents of Denton Municioal Utilities
of the City of Denton, Texas sufficient to show tho approxi-
mato average prico recoived on sales of electric power to
different classes of customers from January It 1967 through
December 31, 1976.
..4.
20. All documents relating to the advantages and
disadvantages of purchasing electric power not generated
solely by Denton Municipal Utilities of the City of Denton,
Texas.
21. All documents relating to the availability
of electric power not generated solely by Denton Municipal
Utilities of the City of Denton, Texas.
22. All documents of Denton Municipal Utilities
of the City of Denton, Texas sufficient to establish the
date and location of all interconnections of other electric
utilities with Der,toi, unicipal Utilities of the City of
Denton, Texas.
23. All documents relating to any testimony
before or discussion with any regulatory body where the
actions of another electric utility were considered.
24. All documents reflecting any contractual
restraint or agreement limiting the right of Denton Municipal
Utilities of the City of Denton, Texas to purchase or sell
electric power in interstate commerce or to purchase or sell
electric power to or from an electric utility that purchases
and/or sells in interstate commerce.
25. All documents relating to reliability of
electric service before and/or after may 4, 1976.
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01~ra 1cil,r inld INf OMF STATENFNT PAGE tl l
AV(;. r'J` f, 1')FIV° +,n1;T1}t, FNf)FD RFrEyBFP 31, 1976 PFpO)RT D1305A
C1~+' . 1 , 21.3 ?f1;;11 I T[tt, Yx GFr1~175.. iv7O__._
1S `)[Sr~r{T f+F.JTf?l•1,_TFXAS _ 39,514..-
f'iJH A l ''r!iIQ't 114 I.Nf
TfITl,}. 11 r 7N> r1 1' lISICI'! n4 _ !
1.15 _EA.,T . _..OAS RcrE.3VED- fRDN
aA''" 7t! , - 184 r(1U'JTY_ 0EVfO TRAN54ISSi0,Y, P.IY.+.__..
0?sF FrV r:IJF: NC.F 'l FT pFV°NI)F:S DISC(11.IVTS 1VA PR AMDUNY,
c~5...~r1} -
RF`. lr+'llr~~':.6 ir~r!1~t40 4P... 41,Htf'.it 1) N.00')3 2rr)33,7ti5 .?8
rr• t 1,('120C?1 - I.,'ih2,.j 96 H4.. 131151'.(•1 t. 1126 1r.Q65,144r51
5,573,230.7 8.51613{)2.6^,2 - .UO 1.512b
PIl^ ! 0C a09 400)1 000
I THFk57.•2 _.197(04. 3F'blt 11,6493...._. ....11Q.•.B3_...,.
.1fjT,~{•.. 1.U~5.~..,.1?.t3`+.`)l.,03 55157.5, .,?1 1.62-13121.'+1i1523.24._..
--.,....0T1(.GF ghFR KrvFk;+{F ~tlZ00r3~.--
_ T )T:,L, nP,l? PK,1"anJF 12,452,803.59-.-
- sPF. )S OF TOTAL
?Ft 1,0116 _ 12.75- 1.3411 1,3631169.7.0-
.13. 17 _
rC1'd I ,U5?,!'9;1, 3 . 1 .3riJb._ . 1.0 2.1..1W•4~
INlf+ :,5739230..7. .70e50 -1.4761. --$,x.551903.4.4...._
- ..f r' ti.t .0067 4 041 1.3521 -``+147.38
U41Arr"1 !l_3.44 1.414?. 3961321.61,.
'?114
'.7. ? OU l .10'16 73.96•
r ~L l,e>1 i.'+M,, Q 100.OQ 1.4405 -_11,431.,305.01.._
W" ;I t . ~ ~ ' UP F, F.XP ~ Al Tt~
r+117(11( 1711(+
F!164. 11 '101141.51 126,?.13.28._
t'r I'+r:'P)'':r) 37,591.04 34,557.73 11, 145.77
- --...1U.f __..._--....'c?,>_QE,.~5k _ .12,5Q?. i. .._..lr2,.5.1.1•.SQ
3A L.," N: -F„ 109 8J 4.17. q,0If1.-93, 1`7,978.0{)_..,
Wll'1. r C" to S, 714
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UIdC,ULI Fr 1 (1 r H(Lt 5 ACTUAL) 15,101.15__.
3431?.93..12
TnTv. nPFk s xrl:,Jtir
A;FT +IPre INffirc (FYC, !}:'ISM, 1FPRN,• Fffl I4L6MF 'r Xr$1 L1h,5Nh.46-„_
'"GAr1f1,~Ir115= kE_V;t';+)•',.--'JE'T. 1.~~5.5•-_ _ 17.,.r2~2~.4.3.._._
vFtL"if-'t1J'"f rOa ~FPa':f IATIn^i 11,4,953,0.4._.
.,.NEB OPf R 1V^MF (EXC FE7.1NC0Mf• T7X.E51 A91773..99..
PR riVISIr''1 Fr)t; FEt)r,•FAL 1'1r}1M~,TA%ES - 000
104 r, r 1:
P.. LAN( JiPVFSMF.kI1 PER. BOOKe-PE(r, }FP 31 I Q 7 6 -
t 41201 L09:TL_
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WESTER ;ETY COMPANY
(lyre o~ R .~a~s~a~ues
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AS
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LICENSE AND PERMIT BOND
(For County, City, Town or Village Only)
KNOW ALL MEN BY THESE PRESENTS: FORM No. L & P 383331
That we,_(I), VIQAA ARJ°% 316 Fry Street, ,
of the City of Denton , State of Texas , as Principal,
and the WESTERN SURETY COMPANY, a corporation duly licensed to do business in the
State of Texas , as Surety, are held and firmly bound unto the
City of Denton , State of Texas , Obligee, in the penal
(Valid only when a Cuunty, City, Town or Village is named as Obligee)
sum of One Thousand & no ,100------------------ ) DOLLARS,
(NOT VALID IF FILLED IN FOR MORE THAN =10,00 .00)
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly
to be made, we bind ourselves and our legal representatives, jointly and severally by these presen'
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal
has been licensed as an ICE CREAM VENDOR,
by the said Obligee.
NOW THEREFORE, If the said Principal shall faithfully perform the duties and in all things com-
ply with the laws and ordinances, including all Amendments thereto, appertaining !o the license or per-
mit applied for, then this obligation to be void, otherwise to remain in full force and affect for a period
commencing on the 24 day of May 19~L, an(: ending on the
day of 19-,Ig , unless renewed by continuation certificate.
This bond may be t~n tedQ a~ t any time by the Surety upon sending notice in writing, by cer-
tified mall, to the clerk of the Political Subdivision with whom this bond Is filed and to the Principal,
addressed to them at the Political Subdivision named herein, and at the expiration of thirty-five (85)
days from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall there-
upon be relieved from any liability for any acts or omissions of the Principal subsequent to said date.
Dated this 23 day of May , 19».
Principal
Principal
Counters) 1@• WESTERN CUA ~OMPANY
By By
Resident ent
ACKNO LEDGMENT OF SURET19 pobo4 -At f"m"
(Corporate Officer)
STATE OF SOUTH DAKOTA
County of Ml:lnehaha s,
On this day of 19`, before me,
the undersigned officer, personally appeared 6 AA►f+l Aaa~ Saot"I
who acknowledged himself to be the aforesaid officer of the WESTERN SURETY COMPANY, a
corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument
for the purpose therein contained, by signing the name of the corporation by himself as such officer,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires
J. 1010tOt~S Rotary Nbge
19 (i ✓rr
A Me
bt~-eoam
N Pu c-South Dakota
111-411
NOR FICRRM~Wmm
i
ACKNOWLEDGMENT OF PRINCIPAL
(Individual or Partners)
3TATF OF
County of A ss
On this day of 19 - , before me personally appeared
I
known to me to be the individual- described in and who executed the foregoing instrument and
acknowledged to me that- he executed the same.
My commission expires
- 19- -
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL
(Corporate Officer)
STATE OF )
} ss
County of )
On this - dry of 19- , before me,
personally appeared who acknowledged himself to be the
of , a corpora.{on,
and that he as such officer being authorized so to do, execut.d the foregoing instrument for the pur-
poscs therein contained by signing the name of the corporation by himself as such officer.
My commission expires
, 19-
Notary Public
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LONE STAR CIS COMPANY ~•1~dY
STATEMENT OF GAS PURCHASED DURING THE MONTH OF APRIL, 1977'
AND DETERMINATION OF THE AUTHORIZED CITY GATE RATE*
ADJUSTED FOR CHANCE IN COST OF GAS PURCHASED IN
ACCORDANCE WITH ORDER OF THE RAILROAD COMMISSION OF TEXAS
UNDER DOCKET NO. GUD-588
Line Average
No. MCF Price Amount
1 Purchased From Non-Affiliated Suppliers 30 501 074 $ 1.4429 $ 44 010 952
2 Purchased from All Sources 33 640 966 4 1.4117 47 490 115
3 Lesser of Lines 1 and 2 $ 1.4117
4 Average Purchase Price CUD-588 .7229
5 Ditference Between Actual and Base Prices .6888
6 Gas Cost Adjustment (85% of Line 5) .5855
7 Base City Cate Rate Authorized Under GUD-588 1.0399
8 City Gate Rate to Become Effective May 20, 1977 $ 1.6254
*Intracompany charge for gas delivered to Distribution Division for sale to
residential and commercial customers and for distribution unaccounted-tor gas.
Note: Purchases of 18,942 Mcf in the amount of $25,261 have been excluded
because this gas is sold before entering Lone Star Gas Company facilities.
Purchases of 1,069,316 Mcf in the amount of $855,881 have been excluded
because this gas is sold in Oklahoma and is not available to Texas
customers.
I hereby certify that the above is true and correct to the best of my
knowledge and belief.
For: Lone Star Gas Company
Date: May 10, 1977 By. / l• r
Title: Vice President and Controller
Out-Of-Period Adjustments
April, 1977
ITEM,
1. In Excess of $5,000
Supplier Time Period MCF Amount
Acoma Oil Corp. 1/77 - 2177 7,595 $ 8,202.89
Houston Oil & Minerals 2/77 - 3/77 8,446,780 87,086.30
Enserch Exploration 1/77 - 3/77 332,111 21,376.79
John 11. Chalmers 3/77 6,220 5,356.20
Hill/Elliott Inc. 12/76 - 3177 13,029 11,204.94
Phillips Petroleum 1/77 - 2/77 13,962 18,724.59
Tippera-y Corp. 3/77 3,582 5,552.10
Wichita Industries 3/77 16,418 11.244.41
Akers & Fultz 3/77 20,0'47 24,761.71
Owl Oil & Gas 11/76 - 2/77 204,994 85,899.49
Peninsula Resources 11/76 - 2/77 30,643 12,263.93
Tipperary Corp. 3/77 -0- 759000_00
* 4,095,381- $ 366,273.35
II. Less Than $5,000 6/74 -3/77 * 1,518:8L8_ 28,015.83_
111. Total I and It. *1Oi674,199 $ 394,289.18
IV. Correction Relating to Prior Periods** 753,762 $ 1,641,993.53
V. Total I, It and IV. 9,920,437 $(1,247,706.35 )
* Does not affect current month's volume.
There is no relationship between the volume and amount.
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THE STATE OF TEXAS
I
COUNTY OF DENTON I
THIS AGREEMENT, made as of the 3rdday of May ,
19 77, by and between the City of Denton, Texas, acting through its
Mayne . , duly authorized to so act on May 3
19 77 , hereinafter called "City", and Shimek, Jacobs &
Finklea, a partnership, hereinafter called the "Engineer".
WITNESSETH:
WHEREAS, the City is in need of engineering servicea in connection
with the preparation of plans and specifications, general administration
of construction, on-site observance of construction and construction
line and grade surveys for the north expansion of the north-south
runway and taxiway and related improvements at the Denton Municipal
Airport,
WHEREAS, the firm of Shimek, Jacobs & Finklea is acceptable to
the City and is willing to enter into a contract with the City to perform
the required engineering services;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
Section I
The City hereby retains the Engineer and the Engineer agrees to
perform the professional services hereinafter set forth in connection
with the north extension of the north-south runway and taxiway and
related improvements.
_1-
Section II
The services performed by the Engineer shall be divided into four
phases as follows:
Phase I Preparation of detailed plans, speci-
fications and contract documents for
the improvements;
Phase II General administration of construction;
Phase III On-site observance of construction, and
Phase IV Construction line and grade surveys,
Phase I - Preparation of detailed plans and specifications - shall
be completed b; August 31, 1977, subject to being authorized on or before
May 20, 1977, and shall include:
(a) Establishing the scope of any soil and foundation investigations
which may be required and assistance in making the necessary
arrangements for such investigation to be conducted for the
City's account;
(b) Surveys, preliminary design and layout of the improvements;
(c) Furnishing to the City the engineering data necessary for
applications for routine permits by local, state and federal
authorities;
(d) Preparation of detailed plans, specifications and contract
documents for the improvements;
(e) Preparation of project quantity and cost estimates.
Phase II - General administration of construction - shall include:
(a) Assistance to the City in the advertisement of the project for
bids and acts essential tb-areto;
-2-
(b) Assistance to the City in the opening, tabulation and analysis
of the bids received and advise with the City as to the appro-
priate action to be taken;
(c) Assistance in the preparation of formal contract documents
for construction contracts;
(d) Making periodic visits to the site (as distinguished from the
continuous services of on-site observance of construction) to
observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance
with the contract documents. In carrying out this function, it
is understood that the Engineer does not guarantee the con-
tractor's performance, zior is he responsible for supervision
of the contractor's operation and employees;
f
(e) Consulting and advising with the City, and preparing routine
change orders as required;
(f) Reviewing shop and working drawings furnished by contractors
for compliance with design concept and with information given
in contract documents (Contractor is responsible for dimensions
to be confirmed and correlated at job site);
(g) Review of laboratory, shop and mill tests of material and
equipment;
(h) preparation of monthly and final estimates for payments to
contractors, and furnishing to the City any necessary certi-
fications as to payments to contractors and suppliers;
-3.
(i) Performing, in company with the City's repr:sentatives, a final
inspection of the project, and the furnishing of a written report
thereof;
(j) Revision of construction drawings, with the assistance of the
resident project Representative, to reflect any revisions in-
cluded in construction records.
Phase III - On-site observance of construction - shall, provided the
`City so instructs pursuant to the requirements of Section V, include:
(a) To help insure that the work performed complies with the
plans and specifications;
(b) Daily observance of the work as a representative of the Engineer;
(c) Examine and report on the day-to-day acceptability of materials
to be used in the work.
Phase IV - Construction line and grade surveys - shall include:
(a) Setting bench marks for establishing vertical control during
the construction of the project;
(b) Setting construction stakes for horizontal and vertical control
during construction.
Section III
For the services to be performed under Section II, Phase I - Prepa-
ration of detailed plans, specifications and contract documents, payment
to the Engineer shall be the lump sum amount of Thirty-One Thousand
Five Hunare4 Fifty-Five Dollars and no/100 ($31,555.00) upon comple-
tion and approval of the plans and specifications and contract documents
-4-
by the City. In calculating these lump sum charges, the City has been
credited a total of Two Thousand Dollars and no/100 ($2,000.00) of the
amount previously paid for preliminary design which has been effected
by virtue of the preparation of the Master Plan.
For the services to be performed under Section II, Phase II -
General administration of construction, payment to the Engineer shall
be the lump sum amount of Five Thousand Four Hundred Eighty Dollars
and no/100 1$5,480.00). This amount shall be paid during the construc-
tion of the project in proportion to the contractor's earnings.
For the services to be performed under Section II, Phase III -
On-site observance of construction, the Engineer will furnish this ser-
vice at the rate of One Hundred Twenty Dollars and no/100 ($120.00)
per day, including transportation.
For the services to be performed under Section II, Phase IV
Construction line and grade surveys, the Engineer will furnish this
service at the rate of Two Hundred Twenty-Five Dollars and no/100
($225.00) per day, including transportation.
Sect:na IV
The charge provided under Phase I and Phase II shall not include
property, boundary and right-of-way surveys; shop, mill, field or labors-
Cory inspection of materials; cost of test borings and other subsurface
explorations; copies of plans and specifications in excess of five; cal-
culations of special assessments; the services of a resident Project
Representatives for continuous on-the-site observance of the work; or
the furnishing of construction line and grade surveys.
If, during preparation of the plans and specifications, or there-
after, the Engineer shall be required to render additional services
because of changes, or delays, or other causes beyond his control,
then the Engineer shall be compensated for auch additional services
on the basis of actual salary cost of such additional services times a
multiplier of 2, 25, with direct expense reimbursed at actual cost times
a multiplier of 1. 1.
Section V
It is understood and agreed that the City shall have complete con-
trol of the services to be rendered and that no work shall be done under
this contract until the Engineer is instructed in writing to proceed with
the work.
It is also understood that the Engineer will not supply a resident
Project Representative for continuous on-the-site observance of the
work or furnish construction line and grade surveys unless the City
so instructs the Engineer in writing to do so. In the absence of such
instructions, no liability will be incurred by the City.
Sectior. VI
Any provision in this contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not authorize or undertake
any work pursuant to this contract, which work would require the
-6-
r
payment of any charge, expense or reimbursement in addition to the
charges stipulated in Section III for Phase I and Phase It above
without having first had and obtained specific written authority therefor
from the City.
Section VI:
This contract shall not be assignable in whole or in part without
the consent of the City.
Section VIII
All payments for services rendered by the Engineer that have
not been paid within thirty (30) days after becoming due shall there-
after accrue interest at the rate of six percent (656) per annum.
Section IX
In connection with all the work outlined or contemplated above,
it is agreed that the City or the Engineer may cancel or teirminate
this contract upon thirty (30) days written notice to the other, with
the provision and understanding that immediately upon receipt of
notice of such cancellation from either party to the other all work
and labor being performed under this contract shall immediately
cease, pending final cancellation at the end of such thirty day period,
and further provided that the Engineer shall be compensated in
accordance with the terms of this agreement for all work accom-
plished by him prior to the receipt of notice of such termination,
and be it further provided that upon such cancellation, Engineer will
deliver tcu City all work product relative to the project.
-7-
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• V
Section X
It is expressly agreed that all matters of law and fact or controversy
arising out of this agreement shall be determined by the District Courts
of Denton County, Texas.
IN WITNESS HEREOF, the City of Denton, Texas, has caused these
presents to be executed in quadruplicate by its Mayor
and witness the execution hereof by Shimek, Jacobs & Fin':.lea, Consulting
Engineers, through I. C. Finklea, P. E. , Partner.
THE CITY OF DENTON, TEXAS SHIMEK, JACOBS & FINKLEA
Consulting Engineers
By By I. C. Fi lea, P. E.
Partner
ATTE
AY OVED AS TO FORM:
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NOTICE OF CANCELLATION OF BOND BY SURETY
1
City of Denton
City Secretary
Denton, Texas
Bond No: 90 34 75
Princtpal: Joe Belew
Obllgee: City of Denton
Type: Sidewalk Bond
Amount: $10000.00
The undersigned company, as Surety, hereby notifies you that Its above described bond Is
herebycanceltedeffective July 21. 1977
and that as said Surety it shall not be responsible for any acts or defaul s committed or loss
occurring after said date.
Dated thls 20th day oily 19_77
Gulf Insurance CoMpany
By: Cy~ //7
Marsha Maxwell Attorney- n- act
cc: Ramey King b Minnis Ins. Agency
Denton, Texas
I DS914 (10-74)
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~ OFFICIAL BID FORM
CITY OF DENTON, TEXAS
($3,000,000 GENERAL. OBLIGATION BONDS, SERIES 1977)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
53,000,000 CITY OF DENTOY, TEXAS GENERAL OBLIGATION BONDS, SERIES 1977, both of which constitute a part hereof.
For your legally issued Bonds, as described in said Official Stat17~nt we will pay your par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of $ for Bonds maturing and bearing interest
as follows:
Amount Ntsturity Interest Rate Amount Maturity tntereslltste Amount tllaturity Inieresipale
5150,000 6.14979 610 $150,000 6.1.1985 % $150,000 6.1.1992 5.00 %
150,000 6-1.1980 --U-0 150,000 6-1-1986 % 150,000 6.1.1993 571 ju, %
150,000 6-1-1981 -6--o 150,000 6-1.1987 4-. 5Q % 150,000 6-1.1994 5720-%
150,000 6-1-1982 6D 150,000 6-1-1988 Cr % 200,000 6-1.1995 F'- %
150,000 6-11983 -6:0 150,000 6-1-1989 4-.7M % 200,000 6-1.1996 ' %
150,000 6.1.1984 6. 150,000 6.1-1990 4-80% 200,000 6.1.1997 4.00%
150,000 6.1-1991 4.90%
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross InterestCost $1 696 900.00
Less Premium. ~I76.50
NET INTEREST COST T,Tc 6,, 3.50
EFFECTIVE INTEREST RATE .......................1........ $
Cashier's Checkofthe M O N ational Bank I a a'nV Dallas, Texas in
the amount of $60,000.00, which represents our Good Faith Deposit (is attached hereto) or (Itfr~t Z4Kif76 ifd4i47E24
yt611>~t rl), and is submitted in aoc,)rdance with the terms as set forth in the Official Statement
and Notice of Sale and Pidding Instructions. Upon delivery of the Bonds, said check shall be (deducted from the
purchase price) or ¢~aolx
We agree to accept delivery of and make payment for the Bonds at
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to tte
terms set forth in the Notice of Sale and Bidding li,structions.
Respectively submitted,
FIRST NATIONAL BANK IN DALLAS
Texas Commerce n N.A.
Kidder Peabody & Co., Inc.
j ::I
. AutJ4orl~ed ~e~rfrekn~a`
Pq s e r c Jr., Ice President
A.CEPTANCE CLAUSE First National $anlc in Dallas
The above and foregoing bid is hereby in all things accepted by th 'ty of Denton, Texas, this the 17th day of
May. 1977.
ATTEST;
Mayor~flyofDenton, Texas
r
City Secretary, City of Denton, Texas
aeas•
Return of Good Faith Deposit is hereby acknowledged:
By
OFFICIAL BID FORM
CITY OF DENTON, TEXAS
($3,000,000 GENERAL OBLIGATION BONDS, SERIES 1977)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
53,000,000 CFTY OF DENTON, TExAs GENERAL OBLIGATION BONDS, SERIFS 1977, both of which constitute a part hereof.
For your legally issued Bonds, as described in said Official Statgr~nt,wwe will pay your par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of 5 9.w
for Bonds maturing and bearing interest
as follows:
Amount 1toturily Interest Rate Amount Maturity Interest Rote Amount Maturity Interest Rote
$150,000 6-1.1979 5650 % 8150,000 6-1.1985 5.50 % 5150,000 64-1992 5.00 %
150,000 6-1.1980 % 150,000 64-1986 5.50 % 150,000 6-1.1993 %
150,000 6-1-1981 % 150,000 64-1987 % 150,000 6-1.1994
SME
4
150,000 6-1-1982 5-.W% 150,000 6-1-1988 % 200,000 6-1.1995 5.25 %
150,000 6-1-1983 5.50 % 150,000 6.1.1989 4,7.5 % 200,000 6-1.1996 5.25 %
150,000 6-1.1984 5.50 % 150,000 6.1.1990 4. BE % :00,000 6.1.1997 35.4_%
150,000 6.1.1991 4.RQ_ %
Net interest cost and effective interest rate, which is informative only and not a part of the nive bid, is as follows:
Gross Interest Cost S 1.70s.,5 .00
Less Premium 20 .00
NET INTEREST COST 5 1,7nA-45n, 00
EFFECTIVE INTEREST RATE 4-9969 %
Cashier's Check of the City national Bank, Austin, Texas in
the amount of $60,000.00, which represents our Good Faith Deposit (isatrarhed#tereto)-or (has been made available to
you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (deducted from the
purchase price) or (YtraneeTQtiS).
We agree to accept delivery of and make payment for the Bonds at City National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectively submitted,
REPUBLIC NATIONAL 5MK OF DALLAS
By y
Authorized Representative
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 17th day of
May, 1977.
ATTEST:
Mayor, City of Denton, Texas
City Secretary, City ofDentor, Texas
eeeeee
Return of Good Faith Deposit is hereby acknowledged:
By
I
r
OFFICIAL BID FORM
CITY OF DENTON, TEXAS
($3,000,000 GENERAL OBLIGATION BONDS, SERIES 1977)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
t
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
53,000,000 CITY OF DENTON, TEXAS GENERAL OBLICATION BONDS, SERIES 1977, both of which constitute r part hereof.
For your legally issued Bonds, as described in said Official Statement, we will pay your par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of Ss'B.Z...SQfor Bonds maturing and bearing interest
as follows:
Amount Maturity Interest Rate Amount Maturity Interest Rate Amount Strturhy Interest Rate
5150,400 6-1-1979 L.10- % 51512,000 6.1-1985 % $150,000 6.1.1992 S~ %
150,000 6.1-1980 C-L-1-0- % 150,900 6.1-1986 ~1 SU % 150,000 6-1.1993 S•!.~ %
150,000 6-1-1981 Fib % 150,100 6.1-1987 ±LYL % 150,000 6-1.1994 a %
150,000 6-1.1982 ~v % 150 C40 6.1-1988 q 70 % 200,000 6-1.1995
S-- 3 U %
150,000 6-1.1983 J~ % 159,000 6.1.1989 440-% 200,000 6-1.1996 `!•SV %
150,000 6-1.1984 1 -00 % 150,000 6-1.1990 O % 200,000 6-1.1997 'I-Sb %
150,000 6-1-1991 1-6U %
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows.
Gross Interest Cost coo
Less Premiurn 35'7. O
NET INTEREST COST S4 -71Z JP - O
EFFECTIVE INTEREST RATE 5 O L;L %
Check of the C, /7 Y WADA14 G Bank, A U 5 T / A/ in
the amount of $60,000.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to
you prior to the opening of this bid), and is submitted in accordance with the terms as set forth it the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall k (deducted from the
purchase price) or (returned to us).
We agree to accept delivery of and make payment for the Bonds at C /7 % l✓/f714,VAL &Vk
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date I* Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectively submitted,
MMRILL L'n;C'.i ?'If:;CF FEMI R & S;.IPfi IIIC. n:td ; M)GIATES
V
By
Authorize epresenf ve
ACCEPTANCE CLAUS
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 17th day of
May, 1977.
ATTEST:
Mayor, City of Denton, Texas
Cry Secretary, City of Denton, Texas
.tau..
Return of Good Faith Deposit is ►,ereby acknowledged:
By
OFFICIAL BID FORM
CITY OF DENTON, TEXAS
(S3,000,000 GENERAL OBLIGATION BONDS, SERIES 1977)
Honorable Mayor and City Council Slay 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Salt and Bidding Instructions and Official Statement, dated Slay 3, 1977, of
$3,000,000 CITY OF DENTON, TEXAS GENERAL OBLIGATION BONDS, SERIES 1977, both of which constitute a part hereof.
For your legally issued Bonds, as described in said Official Statement, we will pay your par and accrued interest
from date of issue to -Date of delivery to us, plus a cash premium of $..-q-....... fer Bonds maturing and bearing interest
as follows:
Amount Maturity IMerest Rale Amount NIsturitr Interest Rate Amount Maturity Interest Rate
5150,000 6-1.1979 6.50% 5150,1x10 6.1.1985 5.20 % $150,000 6-1-1992 5.00%
150,000 6-1.1980 6,50% 150,000 6.1.1986 4.50 % 150,000 f-1.1993 5.2D %
150,000 6-1.1981 6,50% 150,000 6.1.1987 4.6 % 150,000 6-1.1994 _5 9M %
150,000 6.1.1982 6.50 % 150,000 6-1.1988 L ZO c7 210,000 6.1.1995 _5.20 %
150,000 6.1.1983 6-50% 150,000 6-1.1989 4 -ofJ% 2110,000 6-1.1996 _6..50%
150,000 6-1-1984 5.5n% 150,000 6-1.1990 a_an% 200,000 6.1-1997 _4.50%
150,000 6-1-1991 5 00 %
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interestt:ust $1.728.000,00
Less Premium -a-
NET INTEREST COST $1,728,000.00
EFFECTIVE INTEREST RATE 5.052632 %
Cashiers Checkofthe City National Bank Austin, Texas
in
the amount of $60,000.00, which represents our Good Faith Deposit ?MK416"ZFiAW (has been made available to
you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (deducted from the
purchase price) ol<Z T4?W?V".
We agree to accept delivery of and make payment for the Bonds at City National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant R -he
terms set forth in the Notice of Sale and Bidding Instructions.
Respectively submitted,
Underwood, Neuhaus i Co., Inc.
i Associates
By ✓~C~-~ ~a
Frank J:lugrtSDr~i~l~arst. V.P.
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 17th day of
May, 1977.
ATTEST:
Mayor, City of Denton, Texas
City Secrelary. City of Denton, Texas
eeeew
Retum of Good Faith Deposit is hereby acknowledged:
By
OFFICIAL BID FORM
CITY OF DENTON, TEXAS
($3,000,000 GENERAL OBLIGATION BONDS, SERIES 1977)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
53,000,000 CITY OF DENTON, TEXAS GENERAL OBLIGATION BONDS, SERIES 1977, both of which constitute apart hereof.
For your legally issued Bonds, as described in said Official Statement, we will pay your par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of for Bonds maturing and bearing interest
as follows:
Amount Illaturtly Interest Rate Amount Maturfly Interest Rate Amount Maturily Interest Rile
$150,000 6-1.1979 Li 2Z % $150,000 6-1.1985 -4. '1 ,r- % $150,000 6-1-1992 eL %
150,000 6-1-1980 LILY % 150,000 6-1-1986 A qY- % 15nrl100 6-1.1993 %
15%000 6.1.1981 k. 4S' % 150,000 6.1.1987 Asr % 150,000 6-1.1994 .~a %
150,000 6-1.1982 4,k5' % 150,000 6-1.1988 k- IA- % 200,000 6-1.1995 %
150,000 6.1.1983 4-4zr % 150,000 6-1.1989 -iA.V- % 200,000 6.1-1996 Tj ~ %
150,000 6.14984 4,4V % 150,000 6.1.1990 '41S: % 200,000 6.1.1997 z1o2 %
150,000 6.1.1991 S. vy %
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interest Cost I........................ S1.221a
Less Premium ~fl
NET INTEREST COST $
EFFECTIVE INTEREST RATE %
Cashier's Checkofthel4arris Trust and Savgnyp Chicago, Illinois in
the amount of $60,000.00, which represents our Good Faith Deposit (is attached hereto) or U{~~4~>ri~~yt361E/(~
y4dA1V;A 1XIyEAjpW#Vy(, Syd), and is submitted in accordance with the terms as set forth in the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (Q63(yE)d1ybytljAe
pSJfgfidv61VVl;J or (returned to us).
We agree to accept delivery of and make payment for the Bonds at The American National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectively submitted,
HARRIS TRUST AND SAVINGS BANK, MANAGER By: Harri rus+: and Savings Bank
WEEDEN & CO. INCORPORATED
FIRST NATIONAL BANK OF FORT WORTH By _ t
horized Representative
Vice President
ACCEPTANCE CLAUSE
,The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 17th day of
May, 1977.
AttESt:
Mayor, City of Denton, Texas
City Secretary, City of Denton, Texas
ueee•
Return of Good Faith Deposit is hereby acknowledged: _
By
OFFICIAL BID FORM
CITY OF DENTON, TEXAS
(S3,000,000 GENERAL OBLIGATION BONDS, SERIES 1977)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions ana Official Statement, dated May 3, 1977, of
$3,000,000 CITY OF DENTON, TE%As GENERAL OBLIGATioN BONDS, SERIES 1917, both of which constitute apart hereof.
For your legally issued Bonds, as described in said Official Statement, we will pay your par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of $..153..00. for Bones maturing and bearing interest
as follows:
Amount %taturity Interest Rate Amount Maturity Interest Rate Amount Maturity lnterwRate
$150,000 6-1-1979 6.50 % $150,000 6-1-1985 4.50 % $150,000 6-1.1992 5' 10 %
150,000 6-1.1980 % 150,000 6-1-1986 4.55 % 150,000 6-1.1993 5•20 %
150,000 6.1.1981 4.50 % 150,000 6-1-1987 A --61 % 150,000 6-1-1994 %
150,000 6-1-1982 4-50 % 150,000 6.14988 4.75 % 200,000 6-1.1995 %
150,000 6-1-1983 4.50 % 150,000 6.1.1989 4.8_ % 200,000 6.1-1996 5• %
150,000 6-1-1984 4.50. % 150,000 6.1.1990 % 200,000 6-1.1997 5.50 %
150,000 6-1.1991 %
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interest Cost $ 1 ,740.450.00
Less Premium 183.00
NET INTEREST COST $ 42AD.S2b7.00
EFFECTIVE INTEREST RATE S-OHfi5 %
CAehior's Checkofthe MY National Bank, Austin, Texas in
the amount of $60,000.00, which represents our Good Faith Deposit (rrattaehed *erelo) or (has been made available to
you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement
and Notic: of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (deducted from the
purchase price) or (rtawned-krus)r
We agree to accept delivery of and make payment for the Bonds at City National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectively submitted,
FIRST SOUTHWEST CONPANY +
sTA051-
NATIONAL BANK OF COMMERCE. DALLAS
ROTAN MOSLE INC.
F F_ RATTAN A rMq?ANY By
Authorized Representative
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 171h day of
May, 1911.
ATTEST:
Mayor, City oj.Penton, Texas
City Secretary, City ofDenton, Texas
..4444
Return of Good Faith Deposit is hereby acknowledged:
By
OFFICIAL BID FORM
CITY OF DENTON, TEXAS
($3,000,000 GENERAL OBLIGATION BONDS, SERIES 1977)
Nononable Mayor and City Council May 17, !977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
$3,000,000 CITY OF DENTON. TEXAS GENERAL OBLIGATION BONDS, SERIES 1977, both of which constitute a part hereof.
For your legally issued Bonds, as described in said Official Statement, we will pay your par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of S,. H- . for Bonds maturing and bearing interest
as follows:
Amount Meturity Interest Rate Amount Maturity Interest Rate Amount_ Maturity Interest Rate
$150,000 6-1-1979 6,00% 5150,000 6-1.1985 4.40% 5150,000 6.1.1992 5.10%
150,000 6-1-1980 77M % 150,000 6-1.1986 1.55 % 150,000 6-1.1993 5.20%
150,000 6-1-1981 _577% 150,000 6-1-1987 4.70% 150,000 6-1.1994 5.30%
150,000 6-1.1982 O % 150,000 6-1.1988 4.30 % 200,000 6-1.1995 5_4%
150,000 6.1.1983 % 150,010 6.1.1989 4.90% 200,000 6.1.1996 5.50%
150,000 6.14984 4-30% 150,000 6.1-1990 _5.0 % 200,000 6.1.1997 5Q %
150,000 6-1.1991 5.0 %
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interest Cost $11743,425.00
Less Premium 177.00
1,748,2T.00
NET INTEREST COST b
EFFECTIVE INTEREST RATE 5.111836 %
Check of the City National Bank, Austin in
the amount of $60,000.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to
you prior to the opening of this bid), aid is submitted in accordance with the terms as set forth in the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (deducted from the
purchase price) or (returned to us).
We agree to accept delivery of and make payment for the Bonds at City National
Bank, Austin, Texas, on June 28, 1911, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectively submit ed,
First City National Bank of Houtton,manager , ~ ~(7 Z7
Texas Bank and Titust Company of Dallas W, C, Messer, ice President
By _
Authorized Rrpresenratlve
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 17th day of
May, 1911,
AnfST:
Mayor, City of Denton, Texas
City Secretary, City of Denton, Texas
eC4eaa
Return of Good F iiih Deposit is hereby acknowledged:
By
OFFICIAL BID FORM
CITY OF DENTON, TEXAS
($3,000,000 GENERAL OBLIGATION BONDS, SERIES 1977)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
$3,000,000 CITY OF DENTON, TEXAS GENERAL OBLIGATION BONDS, SERIES 1977, both ofwhich constitute a part hereof.
For your legally issued Bond:, as described in said Official Statement, we will pay your par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of S...27,.R0... for Bonds maturing and bearing interest
ssafoliows:
Amount Maturity Intenet Rate Amount Maturity Interest Rate Amount Maturity Interest Rate
$150,000 6-1-1979 6 1/4% S130,000 6-1-1985 4.50 % $150,000 64-1992 5-20 %
150,000 6.1.1980 6 1L4 % 150,000 6-1-1986 4.60 % 150,000 6-1.1993 5•30 %
150,000 6.1.1981 % 150,000 6-1.1987 4.70 %O 150,000 6-1.1994 5.40 %
150,000 6-1.1982 5.20 % 150,000 6.14988 4.80 % 200,000 6.1.1995 5.50 %
150,000 6.1.1983 4 11 1 0,000 6-1-1989 4.90 % 200,000 6.1.1996 5.60 %
150,000 6-1-1984 A..4fl- % 150,000 6-1.1990 5.00 % 200,000 6.1.1997 5 j-M %
150,000 6-1.1991 5.10 %
Ne: interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interest Cost S1.787,125 00
Less Premium 27.00
NET INTEREST COST S1,787,098 00
EFFECTIVE INTEREST RAT E 5.2254 %
Cashiers Check of the City National Bank, Austin, Texas in
the amount of $60,000.00, which represents our Good Faith Deposit (imotExkxdr statfmd or (has been made available to
you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (deducted from the
purchase price) or (returned to us).
We agree to accept delivery of and make payment for the Bonds at City National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectively submitted,
Rauscher Pierce Securities Corp.
Mercantile National Bank
Powell b Satterfield By ~o 'q z
Authori¢ed Representative
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby is ,II things accepted by the City of Denton, Texas, this the 17th day of
May, 1977,
ATrEM
Mayor, City of Denton, Texas
City S.cretary, City of Det :on, Texas
aaaua
Return of Good Faith Deposit is hereby acknowledged;
BY
w
w
p~ ,o
fa a
0
0
o
G
A
OFFICIAL BID FORM 6,
CITY OF DENTON, TEXAS
(SSW,000 WATER AND SEWER SYSTEM REVENUE BONDS)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Biddin3 Instructions and Official Statement, dated May 3, 1977, of
$501,000 C17Y OF DENTON, TExAS WA'.'-R AND SEWER S) STEM REVENUE BONDS, S'.RIES 1977, both of which constitute
a part hereof.
For your legally issued bonds, as described in said Official Statement, we will pay you pat and accrued interest
from date of issue to date of delivery to us, plus a cash premium of 5,..._0_ for Bonds maturing and bearing interest
as follows:
Amount Maturity Interest Rate Amount Maturity Interest Rite Amount Maturity Interest Rate
S10,000 7-15.1980 6.50 % $50,000 7.15.1985 4.60 % S50,000 7.15.1989 5.00 %
15,000 7.15.1981 6.50 % 50,000 7.15-1986 4.70 % 50,000 7.15.1990 5.10 %
25,000 7-15-1982 6.50 % 50,000 7.15-1987 80 % 50,000 7.15-1991 5.20 %
25,000 7-15.1983 5.00 % 50,000 7.15.1988 4,90 % 50,000 7.15-1992 5.25 %
2j,000 7.15.1984 4.5.0_ %
Net ini,,rest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interest Cost S 269, 891.68
Less Premium
NET INTEREST COST S-2,606891,68
EFFECTIVE INTEREST RATE 5.04489.9_%
Cashiers Check of the City National Bank, Austin, Texas ,in
the amount of S10,000.00, which represents our Good Faith Deposit (fQ~@SEk9~fFkh4RtJt~~Rr (has been made available to
you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (deducte'.f from the
purchase price) 0v(W iNt9dxatzt4.
We agree to accept delivery of and make payment for the Bonds at City National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are teldered for delivery, pursua.;tt to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectfully submitted,
Underwood, Neuhaus & Co.r inc.
By i'r. ✓ ?Col-~~-- rte
Frank Aulhortz d~ reaenl five
JJ I e~rando, Asst. V.P.
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the city of Denton, Texas, this the 17th day of
May, 1977.
Arres7: ~
.G t y
Mayor, A w 7--4e-
CityofDenton, Texas
City Secretary.
City of Denton, Texaa
ea+aaaa
Return of Good Faith Deposit is hereby acknowledged: -
By - -
OFFICIAL BID FORM
CITY OF DFNTON, TEXAS
($500,000 WATER AND SEWER SYSTEM REVENUE BONDS)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated Slay 3, 1977, of
5500,000 CITY of DENTON, Texas WATER AND SEWER SN'sTEM REVENUE BONDS, SERIFS 1977, both Of which constitute
a part hereof.
For your legally issued bonds, as described in said Official Statement, we will pay you par and accrued interest
from date of issue to date of delivery to us, plus a cash p. emium of 5...-Q......... for Bonds maturing and bearing interest
as follows:
Amount Nisturlty Interest Rate Amount Maturity InterestR•te Amount MeNrIly Interest Rate
510,000 7.15-1980 % 550,000 7.15-1985 4,55 % 550,000 7.15.1989 9 %
15,000 7-15-1981 % 50,000 7.154986 4.65 % 50,000 7.15.1990 5.10- %
25,000 7.15.1982 % 50,000 7.15.1987 4.75 % 50,000 7.154991 ` %
25,000 7.15.1963 ~.7F % 50,000 7.15.1988 4.85- % 50,000 1.15.1992 5,30_ %
25,000 7.15.1984 - 4, 50 _ %
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interest Cost $ 261,450.70
Less Premium -
NET INTEREST COST S
EFFECTIVE INTEREST RATE 5 045693 %
Cashi er's Ch^ckof the American National Bank, Austin, Texas in
the amount of S10,000.00, which represents our Good Faith Deposit (isaxaehett-hvervoj or (has bean made available to
you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement
and Notice of Sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (deducted from the
purchase price) or (rourntdto-m).
We agree to accept delivery of and make payment for the Bonds at_9merican National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terns set forth in the Notice of Sale and Bidding Instructions.
Respectfully submitted,
FRED BAKER & ASSOCIATES, INC.
By Y
Authorised Represenrativr
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 111h day of
May, 1977.
ATTEST: -
Mayor,
City of Denton, Texas
Ciry Secretary,
City of Den ton, Texti;
Return of Good Faith Deposit is hereby acknowledged:
By
' OFFICIAL BID FORM
CITY OF DENTON, TEXAS
(S5W,000 WATER AND SEWER SYSTEM REVENUE BONDS)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
5500,000 CITY OF DE-,To.-4, TEXAS WATER AND SEWER SYSTEM REVS-,LE BO-,Ds, SERIES 1977, both of which constitute
a part hereof.
For your legally issued bonds, as described in said Official Statement, we will pay you par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of S...7... for Beds maturing and bearing interest
as follows:
Amount slaturlty Interest Rite Amount SLturity Interest Rote Amount Maturity Interest Rate
$10,000 7.15.1980 6.56 % $50,000 7.15.1985 4.60 % $50,000 7.15.1989 5.00 %
15,000 7.15.1981 6-50 % 50,000 7.15.1986 4.70 % 50,000 7.15.1990 %
25,000 7.15.1982 % 50,000 7.15-1987 % 50,000 7.15.1991 -5 ; 20 %
25,000 7.15.1983 +F0 % 50,000 7•:5.1988 % 50,000 7.15.1992 X25 %
25,000 7.15.1984 50 %
Net interest cost and effective interest rate, which is informative only and not a part of the above bid, is as follows:
Gross Interest Cost $261 652.09
Less Premium -2'6 1- -.i'09
NET INTEREST COST S
EFFECTIVE INTEREST RATE _
Check of the City National Bank, Austin, Texas in
the amount of 510,000.00, which represents our Good Faith Deposit Zixaxatr~txbdxxttmo$tox(has ben made available to
you prior to the opening of this b!d), and is submitted in accordance with the terms as set forth in the Official Statement
and Notice of sale and Bidding Instructions. Upon delivery of the Bonds, said check shall be (d%at*odci>x»xjbte
ptxnbaw)priaekax(returned to us).
NVe agree to accept delivery of and make payment for the Bonds at_ City National
Bank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectfully submitted,
Dcan Witter l4 Company, Inc., Dallas, Texas _
By
Aurhoeised Representative
For J. James Lodovic, III
ACCEPTANCE CLAUSE By Linda Reyes
The above and foregoing bid is hereby in all things accepted by the City of Denton. Texas, this the 17th day of
May, 1917.
ATTEST:
Mayor,
City of Denton, Texas
CitySerrerary,
City of Denton, Texas
•tue•
Return of Good Faith Deposit is hereby acknowledged:
By
OFFICIAL BID FOR~1Z
° CITY OF DENTON, TEXAS
($500,000 WATEE AND SEWER SYSTEM REVENUE BONDS)
Honorable Mayor and City Council May 17, 1977
City of Denton
Denton, Texas
Reference is made to your Notice of Sale and Bidding Instructions and Official Statement, dated May 3, 1977, of
$500,000 CITY OF DENTON, TEXAS WATER AND SEWER SYSTEM REVENUE BONns, SFRIFS 1977, both of which constitute
a part hereof.
For your legally issued bonds, as described in said Official Statement, we will pay you par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of $~.~040.... for Bonds maturing and bearing interest
as follows:
Amount tltaturity Interest Rest Amount Maturity Interest Rate Amount 1llaturitT Fieterest Rate
510,000 7-15-1980 6 _ % $50,000 7.15.1985 4. -5 - 17c $50,000 7.15.19g9 5.10 %
15,000 7-15.1981 _ 6 % 50,000 7.15.1986 5 % 50,000 7.15.1990 5.20 %
25,000 7.15-1982 6 % 50,000 7.15.1987 5 % 50,000 7.15.1991 L - %
25,000 7.15-1983 -6 % 50,000 7.15.1988 5 % 50,000 7.15.1992 5_40 %
25,000 7.15.1984 4.75 %
Net interest cost and effective interest rate, which is informative only and not a part of the above 1-id, is as follows:
Gross Interest Cost $ 2686384,03
Less Premium x.00
NET INTEREST COST $3
EFFECTIVE INTEREST RATE 5.1 %
Cashier's Check of the City Ilatinnal Bank, _4ttstln, Texas in
the amount of $10,000.00, which represents our Good Faith Deposit Nsetteehoti~toFad) or (has been made available to
you prior to the opening of this bid), end is submitted in accordance with the terms as set forth in the Official Stateme it
and Notice of Sale and Bidding :nstructions. Upon delivery of the Bonds, said check shall be (deducted from t:t:
purchase price) or (ntW"e!140-W,
We agree to accept delivery of and make payment for the Bonds at City Natinnal
Pank, Austin, Texas, on June 28, 1977, or thereafter on the date the Bonds are tendered for delivery, pursuant to the
terms set forth in the Notice of Sale and Bidding Instructions.
Respectfully submitted,
FIRST SOUTHWEST COMUld
ROTAN MO LE INC.
By
Aurhoelzed Represenrallve
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 17th day of
May, 1977,
ATTEST: -
Mayor,
City of Denton, Texas
City Secretary,
City of Denton, Texcr
Return of Good Faith Deposit is hereby acknowledged;
By
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