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HomeMy WebLinkAbout06-1976 ,TU /V'.: 19'7 f~Kul ~Pa~rs LONE STAR GAS COMPANY ADJUSTMENT APPLICABLE TO RESIDENTIAL, CO?MRCIAL AND DISTRIBUTION UNACCOUNTED-FOR i COMPANY-USED DELIVERIES FOR THE APRIL, 1976 BILLING MON14 PURSUANT TO THE TEXAS RAILROAD CO?PASSION'S ORDER OF JANUARY 28, 1975 RELATIVE TO PAYMENT OF INTERIM PURCHASE RATE TO LO-VACA GATHERING COMPANY Februarys 1976 Actual Purchases From Lo-Vacs, Mcf 5 866 456 Lo-Vacs Interim Rate Per Mcf $1.7970 Contract Price Per Mcf .2701 Increase in Price Paid to Lo-Vacs $1.5269 Increased Amount Paid to Lo-Vaca $ 8 957 631 Surcharge Applicable to Prior Periods 149 471 Total increased Amount Paid to Lo-Vaca $ 9 107 102 Total Purchases Februzry, 1976 - Actual Mcf 39 080 483 Increase in Lone Star's Gas Purchase Cost Per Mcf - Actual $ .2330 Increase in Lone Star's Gas Purchase Cost Pee Mcf - Estimated .2218 Correction to Increase in Weighted Average .0112 April. 1976 Estimated Purchases From Lo-Vaca, Mcf 6 146 000 Lo-Vats Interim Rate Per Mcf $1,7700 Contract Price Per Mcf .2701 Increase in Price to Lo-Vaca $1.4999 Increase in Lone Star's Gas Purchase Cost $ 9 2011 386 Total Purchases, Mcf 42 549 000 Increase in Total Weighted Cost of Gas Per Mcf $ .2164 Correction From Febrtiry, 1976 .0112 Adjustment Applicable to April, 19'!6, Billing NOTE: Any over- or, under-estimates in the above will be corrected in the determination for the month of June, 1976. k) _ ~ 6, S ~ r AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF JUNE, A. D. 1976. R E S O L U T I O N WHEREAS, the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas was prepared by Dewey Fields, a Registered Public Surveyor in the State of Texas for Harrison Builders, Inc., on or about April 17, 1974; and WHEREAS, said plat was approved by the City Planning Commis- sion of the City of Denton, Texas on, or about the 19th day of June, 1974; and WHEREAS, said plat was recorded in Volume 11, Page 5 of th3 Plat Records of Denton County, Texas; and WHEREAS, the surveyor has now found that the length shown by said plat on the four short appendages are incorrect. That the distances shown on said plat are the distances measured on the ground from centerline of base easement, but is shown by said plat to be the distance from the near side of said easement to its end. Therefore, the lengths of said four short appendages should be and are, on the ground eight faet less than reflected by the aforementioned plat; and WHEREAS, a correction has been filed by Dewey Fields, Texas Registered Public Surveyor No. 1565, and the City of Denton acknow- ledges and consents to this correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City of Denton relinquish all right, title and interest that it may have in the eight feet that was originally shown on the plat of U,At 1, Block 31 Denton North Addition, City of Denton, Denton County, Texas and it hereby approves the correction filed by Dewey Fields, Texas Registered Public Surveyor. PASSED and APPROVED this the 1st day of June,A~. D. 1976. 17v'"`~`y's~ ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS Q C6 UL C. ISH , CITY ATTORNEY CITY OF DENTON, TEXAS ~ CJ AT A REGULAR MEETING OF THE CITY COUNCIL OV-THL CITY OI' DENTO TEXAS, HLLD IN THE MUNICIPAL BUILDING OF SAID C1:7k ON'THE 1ST ` DAY JUNE, A. D. 1976. DEED RECORDe r~ . R E S O L U T I O N 1-0758 WHEREAS, the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas was prepared by Dewey Fields, a Registered Public Surveyor in the State of Texas for Harrison builders, lne., on or about Api.il 17, 1574; and WHEREAS, said plat was approved by the City Planning Commis- sion of the City of Denton, Texas on, or about the 19th day of iii June, 1974; and WHEREAS, said plat was recorded in Volume 11, Page 5 of the Plat Records of Denton County, Texas; and WHEREAS, 'che surveyor has now found that the length shown by said plat on the four short appendages are incorrect. That the distances shown on said plat are the distances measured on the ground from centerline of base easement, but is shown by said plat to be the distance from the near sid3 of said easement to its end. Therefore, the lengths of said four short appendages should be and are, on the ground eight fact less than reflected by the aforementioned plat; and WHEREAS, a correction has been filed by Dewey Fields, Texas Registered Public Surveyor No. 1565, ana the City of Denton acknow- ledges and consents to this correction; NOW, THEREFOR-E, BE IT RESOLVED BY THE CIPY COUNCIL OF THE CITY OF DENTON, 'TEXAS, THAT: The City of Denton relinquish all rigl•,t, title and interest that it may have in the eight feet that 'das originally shown on the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas and it hereby approves the correction filed by Dewey Fields, Texas Registered Public Surveyor. PASSED and APPROVED this the 1st day of June, A. D. 1976. ELINOR HUGHES, MA ?4 CITY, OF DENTON, TEXAS BR KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: is 190 YALE 81 A L C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS tfA4 r f COURT EAX. PentonurUA7y f ~ueDY t: irfy th.l this rq~u ' e,Q time I;rslrumrrl w : y!bcA d f:le thmpel hrreon u ~tf r r,, e+'frf fn the vofur~ enf by meeef eree fufyrk ~~De foA Cbnnl , a's+ of the mmef nprf~ at Jh;~ of I Y~fr;aeee,t+rp,QD:eaADYM16 IIfN 14 i916 ~tt1fE1' Offagf, aAwA Tf~ ~ YOl 790 Pt~E 82 ' STATE OF TEXAS i, at -i tri COUNTY OF DENTON DEED RECORDS, CORRECTION Ise Whereas, the Plat of Unit One, Block Three; 6enton North Addition, City of Denton, Denton County, Texas was prepared by this surveyor for Harrison Builders, Inc., on or about April 17, 1974; And Whereas said plat was approved by the City Pianning Commission of the City of Denton, Texas on, or abouth June 19, 1974; And Whereas said plat was recorded in Volume 11, page 5 of the Plat Records of Denton County, Texasr And Whereas, this surveyor has now found that the lengths shown by said plat on the four short appendages are in- correct. The distances shown on said plat are the die- tances measured on the ground from centerline of base easement, but is shown by said plat to be the distance from the near side of said easement to its end. There- fore the lengths of said four short appendages should be and are, on the ground S feet less than reflected by aforementioned plat. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTSt that Dewey Fields, Texas Registered Public Surveyor does hereby amend said plat insofar as reflected herein. g' stared Dewe lils. iexa"ae Public Surveyor too. 1565 April 29, 1976 STATE OF TEXAS COUNTY OF DENTON Before me, the,undereigned authority, a Notary Public in liha fot said County, Texas, on this day personally appoared DaWey:,Fields,'known to. Me to be the person whose name is 6abs'gribed'to the foregoing instrument, and acknowledged to me that-he executed the same for the purposes' and aon&ideration therein expressed. QIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day df April, 1976 Not y Public in and for Deq~Otl, County, Texas , kj cl~ I .r t !f r a i , f j h, Y ~ T' l Y ee ~ t, f, u-.•t~ ~ ~.;r ti'°y ttF''3f'~+Ld~ Su4 ~~4.r itl,a s4 t e• ~ ~ t t ~ ~ ~ ~~`i°4. ~ L ~j,',,n•r'$ t ~t,, w ~ ~*n ~ ~ 1e V, 4e e. r.,; .+,i~~t~~ '.i ahr ~r AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF JUNE, A. D. 1976. R E S O L U T I O N WHEREAS, a need exists within the Police Department of the City of Denton for Multi-Channel Monitoring and Recording Equip- ment; and WHEREAS, funding is available from the Texas Criminal Justice Council to assist the City of Denton in the purchase of this needed equipment. NOW, THERYFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Application be made to the Texas Criminal Justice Council to assist the City of Denton in the purchase of Communications Multi- Channel Monitoring and Recording Equipment for thn Denton Police Department. PASSED AND APPROVED this the 1st day of June, A. ll. 1976. ELfNOR HUGHES, M R CITY OF DENTON, TEXAS ATTESTt BROOKS OLT$ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt LLeg!n. PAUL C. I , C T T EY CITY OF DENTON, TEXAS ~ k, , X 't/ ~ ~ r F~ r } ~ ~1 i t i ~f ~1 ~ r ~ ~ rt. 5 ~,r F ♦1 ~'.1 ~ ~ i r~ r ~Y. ' J ~ ~ _ t ~ :Y, ~ 5 ~ r." ~ a _ . i ~r ~ z~, p ~ .t, ~~f ~ ~ ~ .,f" t i ~ y i.~. ~ ' f, l~ ' 7 a 'ti d ~r'4, OATH OF OFFICE Don Ryan do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Planning and Zoning Commissioner of the City of Denton, Texas, and will to the ;iast of any ability preserve, pi-otecl: and defend the Constitution and laws of the United States and of this State and the Char.er and Ordinances of this City. IAK Subscribed and sworn to before me the undersioned on this the 19 day of May A.O. 19 76- To certify wiT ccF- witness my pan an sea of office. I ECRE7 R dry OF DENTCN, TEXAS i I I yJ k~~ P rt p,~ T t OATH Gr OFFICE William Kamman do solemnly swear (cr affirm) that I will faithfully execute the duties of the office of T Planning and Zoning Co-omissioner of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution end laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 19 day of Ma~ , A.U. 19 76 To certify ww-Rc - witn s s my fan ad nd seal of office. I RTR + CITY OF DENTON, TEXAS r ~ k e r t 171 o 0 0 ~Hy] H Fl J ~ ^ ~ 1a-1 ro K K ® 7p /~1 l7 z o n n c'~ p ~ M H ~ r NO. AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY C~DAINS, THAT Ordinance No. 75-46 , ordering the improvements of the hereinafter named streets and levying the assessments was pass- ed on he 4th day of November , 1975 A. D., and the work improving the streets described on Exhibit A, which is made a part hereof and attached hereto, has been completed, the Director of Community Development of the City of Denton having measured, examined and caused to be tested the finished improvements by the means and in the manner provided by the terms of such contract and of plans and specifications therein contained, and the Director of Community Development having found that such improvements have been constructed and completed in full compliance with the terms of said contract and the plans and specifications therein contained, and having approved and accepted said improvements, and having recommended that the City Council accept said work and improvements, it is, accordingly, ordered that said work and improvements have been found by the Mayor and City Council of the City of Denton to have been per- formed and completed in full compliance with tte terms of the said contract and plans and specifications, and the same is now hereby accepted and approved by the City of Denton, Texas. PASSED AND APPROVED this 4th day of May ,A.D. 19 76 , + ELINOR HUGHES MA OR CITY OF DENTOA, TEXAS ATTEST: FFVOX OLT, CITY SECRETARY C &Y OF DENTON, TEXAS APPROVED AS TO LEUAL FORM: 15-AUL C, ISHAM CITY ATTORREY CITY OF DENTOk, TEXAS I Lzt { a CERTIFICATE OF ACCEPTANCE I, Jimmie J. Jones, Director of Community Pevelopment of the iCity of Denton, Texas, do hereby certify to the Honorable City Council of said City that the work of improving the following ,,streets and portions thereof in the City of Denton, Texas, has been completed by Jagoe Public Company in accordance with the term4 of a contract entered into by and between the City of Denton, Texa, and the said Jagoe Public Company dated November 4, 1975, and in accordance with the terms of Ordinance No. 75-46 passed and j''approved on the 4th day of November, A. D. 1975, ordering such im- 1provements, and that such improvements have been constructed and i i completed in full compliance with the terms of such contract, and with the plans and specifications therein contained or referred to, and I do hereby recommend that the Honorable City Council accept and receive said work and improvements as constructed by the said Jagoe Public Company, the said streets and portions thereof being as follows, to-wit: ST.IEET t!;IT NO. FROM TO 1. Oakwood Mercedes End of Street 2, Avenue D I-35E Underwood 3. Greenlee Avenue C KnighL 4. Greenlee Avenue A Neff 5. Lindsey Fort Worth Drive I-35E 6. Bernard Roselawr, I-35E 7. Bernard Greenlee I-35E Respectfully submitted this the 4th day of May, A, D. 1976. . AAj JONE MMUNI DEVE OF NT s, { k- 1 r r1 ,r 1la _ tit 1[ L.yyy 1 J 4• `a1 3C~~F~:r~tc 3 ' k~l,'}3IF"r 1x .1 NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE (OrDINANCE NO. 69-1) OF THE CITY OF DENTON, TEXAS BY PERMITTING THE OFF-PREMISE SALE OF BEER AND WINE IN CERTAIN ZONING DISTRICTS TO THOSE PERSONS OR ENTITIES THAT HAVE A "WINE AND/OR BEER RETAILER'S OFF-PREMISE PERMIT"; PERMITTING THE EXISTENCE OF DISTRIBUTORS OF WINE AND/OR BEER IN CERTAIN ZONING DISTRICTS; PROVIDING A PENALTY; AND DE- CLARING AND EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. (1) That the Zoning Ordinance of the City of Denton, Texas, adopted January 14, 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, as Ordinance No. 69-1, as amended, be, and the same is hereby amended as follows: "ARTICLE VII. USE OF REGULATION DISTRICTS; USE OF LAND AND BUILDINGS, A. Legend for interpreting schedule of use. The Tables in 7H shall be amended to include 'Off- Premise Sale of Beer and/or Wine' in the following districts: General Retail Service District (GR) Commercial District (C) Central Business District (CB) Light Industrial District (LI) Heavy Industrial District (HI) Planned Development District (PD) Any neighborhood grocery store or convenience food store existing in a Neighborhood Service Zoning Dis- trict at the ~ime of the adoption of this ordinance amendment shall be eligible for the Off-Premise sale of beer and/or wine. (2) Wholesalers and distributors of beer and/or vinous and malt liquors will be considered as and fall within the "Storage or Sales Warehouse" use as contained in the Legend of Article VII, (3) "ARTICLE XII. DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS. A. That this article shall be amended by adding a new defi- nition number (60) as follows: (60) tear and/or wine,.,..Definitions concerning beer and/or wine and the retail sale or wholesale dia- tribution of the same are the saeie as those defi- nitions contained in the Texas Liquor Control Ac;. f.Al . Distributor and/or wholesaler of beer and/or wine shall include the various types of distributors/ wholesalers as defined in the Texas Liquor Control Act, and "Off-Premise Retailer's" and "On-Premise Retailer's" of beer and/or wine shall include the various types of retailers permitted under the Texas Liquor Control Act." (4) 7D. LICENSE TO MANUFACTURE, SELL, DISTRIBUTE, ETC. No person shall manufacture, sell, distribute, or store any vinous and malt liquors and/or beer or other alcoholic beverages, or engage in any other activity with relation to same for which a permit is required by the Texas Liquor Control Act, within the City, without first obtaining a license so to do from the City. The fee for such license shall be an amount equal to one-half (h) the permit or license fee charged by the state under the Texas Liquor Control Act. (5) 7E. APPROVAL OF CERTIFICATE; FEE FOR SIGNING CERTIFICATE. Before the City Secretary shall sign any certificate for an applicant for a permit or license under the Texas Liquor Control Act;, such certificate shall be submitted to the Departmgnt of Com- munity Development to assure that the application complies with this article. A feetof twenty-five dollars ($25.00) shall be charged by the City Secretary for signing any such certificate to defray the costs to the Ci.cy. SECTION II. Any person violating this article shall be guilty of a mis- demeanor and upon conviction shall be punished as provided by the Texas Liquor Control Act; in the event it should be held that such penalty does not apply to this article, then such persons shall be fined not less than one Hundred ($100.00) Dollars nor more than Two Hundred ($200.00) Dollars and each day of such violation shall cmn- stitute a separate offense. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent ,jur- isdiction, such holding shall not affect the validity of the remain- ing portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalid?.ty. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such changes are in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, encourages the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION V. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED this the 4th day of May, A. D. 1976. ELINOAHUG'S , MMUR CITY OF DENTON, TEXAS ATTES ' , CITT SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: S PAUL 0, IMAM, CITY AT--- CITY OF DENTON, TEXAS a i . t.. s a3- lot., i, r .z, I ~II ~ .•'1 ~ ~6 1 ~ . F ~ ~ ' Y. - ~ , O 1 ~ , ` i Y n 'i 1 "Y' ~ ~ t '1 ` ~Y lP 1 f 7 f I ~ 'y'J i ! trip„ t ~'~rr 7 . . ~ ,~G .t~. 4 } L ^ ` S. `fl~ ~ { ~ ~ , ♦ _ ~ 1 IM `~I l _ F y' ~i i r ~ , of ~ t _ aa~ t ~ 4yi { f' r c. ~ v 7 '.f r ~ e~ ~F.~s r ~ ~ ~ ~ ,~J~ r r~ ~ ~ i NO. 14 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO, 69-1) OF THE CITY OF DENTON, TEXAS BY PERMITTING THE ON-PREMISE SALE Of BEER AND/OR WINE IN CERTAIN ZONING DISTRICTS TO 'T'HOSE PERSONS OR ENTITIES THAT HAVE A "WINE AND/OR BEER RETAILER'S ON-PREMISE PERMIT"; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; AND DE- CLARING AN EYFECTIVE DATE. THE COUNCII 02 THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTI.ON I. (1) That the Zoning Ordinance of the City of Denton, Texas adopted January 14, 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, as Ordinance No. 69-1, as amended, be, and the same is hereby amended as follows: "ARTICLE VII. USE OF REGULATION DISTRICTS; USE OF LAND AND BUILDINGS, A. Legend for interpreting schedule of use. The Tables in 7H shall be amended to include 'on-Premise Sale of Beer and/or Wine' in the following districts: General Retail Service District (GR) Commercial District (C) Central Business District (CB) Light Industrial District LI) Heavy Industrial District (HI) Planned Development District (PD) and to include 'On-Premise Sale of Beer and/or Wine' in a University District by Specific Use Permit. (2) 7B. CONDITIONS REGARDING 'ON-PREMISE SALE OF BEER AND/OR WINE'. The sale for consumption on the premises where sold of vinous and malt liquors and beer, except in a restaurant under (3) below, will be permissible in the zoning districts listed in (1) above only upon the following conditionsi (a) A building utilized for such consumption shall be inspected and shall comply with all local building codes, fire codes, and ordinances, (b) All sales and consumption on the premises must be within the permanent walls covered by the permanent roof of said building, (c) Paved parking must be provided on the property or immediately adjacent to the site at the ratio of ono space for every three seats under maximum seating arrangement (minimum of five parking spaces), (d) The sale of any vinous and malt liquors or beer by any dealer where the place of business is within three (300) feet of any church, public school, except North Texas State University and Texas Woman's University, or public hospital is hereby prohibited. (e) Tae sale of any vinous and malt liqours or beer by any dealer where the place of business is within one (100) hundred feet of any residential dwelling unit is prohibited. 'Residential Dwell- ing Unit' for the purpose of this condition shall mean any single-family, two-family or multi-family dwelling. The measurement shall be taken as the most direct distance between the residential dwell- ing unit and the building used for the consumption of vinous and malt liquors or beer. (f) Where the business property serving vinous and malt liquors or beer abuts a residential property or zoning district, a solid fence at least six feet high shall be erected for the full distance between the two properties. (g) Sale of vinous and malt liqours or beer shall be prohibited in conjunction with any business utiliz- ing pool tables, billiard tables, foos ball machines, electronic gaming machines or any other type of gaming table or device. (h) A dealer selling vinous and malt liquors or beer shall use no signs advertising the existence of such business other than those authorized by the Texas Liquor Control Act. (3) 7C, SALE OF BEER AND/OR WINE 1N RESTAURANTS, The sale for consumption OIL the premises where sold of vinous and malt liquors and beer, containing not more than four- teen (147.) percent of alcohol by volume, is authorized in any res- taurant which is located not less than three (300) hundred Yeet of any church, public school, except North Texas State University and Texas Woman's University, or public hospital. The sale of any vinous and malt liquors or beer by any restaurant where the place of business is within one (100) hundred feet of any residential dwelling unit is prohibited, Furthermore, where any restaurant serving vinous and malt liquors or beer abuts a residential property or zoning district, a solid fence at least six feet high shall be erected for the full distance between the two properties. Such a restaurant shall not advertise on any sign (except on the menu) the fact that it sells vinous and malt liquors and/or beer. The word .2. 'restaurant' in this section shall mean any establishment which is clearly utilized for service of food as its primary function, and where more than seventy (70%) percent of its gross revenues are derived from the sale of food, as opposed to revenues derived from the sale of vinous aAd malt liquors and/or beer. The word 'restau- rant' shall not include an eating establishment, commonly known as a drive-in in which food and beverages are delivered to the customer outside of the building, or in which food and beverages purchased within the establishment are taken outside for consumption, unless consumption outside is on the premises in an area adjacent to the restaurant and not visible from any public street or way. The word 'residence' in this section shall mean any single-family, two-family or multi-family dwelling. (4) 7D. LICENSE TO MANUFACTURE, SELL, DISTRIBUTE, E'rC. No person shall manufacture, sell, distribute, or store any vinous and malt liquors and/or beer or other alcoholic beverages, or engage in any other activity with relation to same for which a permit is required by the Texas Liquor Control Act, within the City, without first obtaining a license so to do from the City. The fee for such license shall be an amount equal to one-half (h) the permit or license fee charged by the state under the Texas Liquor Control Act, (5) 7E. APPROVAL OF CERTIFICATE; FEE FOR SIGNING CERTIFICATE. Before the City Secretary shall sign any certificate for an applicant for a permit or license under the Texas Liquor Control Act, such certificate shall be submitted to the Department of Community Development to assure that the application complies with this article. A fee of twenty!'fl.ve dollars ($25.OG) shall be charged by the City Secretary for signing any such certificate to defray the costs to the City. SECTION It. Any parson violating this article shall be guilty of a misde- meanor and upon conviction shall be punished as provided by the Texas Liquor Control Acts in the event it should be held that such F .3- penalty does not apply to this article, then such persons shall be fined not less than one Hundred ($100.00) Dollars nor more than Two Hundred ($200.00) Dollars and each day of such violation shall con- stitute a separate offense. SECTION III. That if any section, sub_ection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent juris- diction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Qty Council of the City Qf Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That the Cit} Council of the City of Denton, Texas, hereby finds that such changes are in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, encourages the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION V. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings; having her-itofore been held by the Planning and Zoning Commission and the City Council oc the City of Denton, Texas, after giving due notice thereof, PASSED sad APPROVED this the 4th day of May, A. D. 1976. r f T"~h~ ELIA tUGHES ; MMUK CITY OF DENTON, TEXAS ATTES /zl~ M CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS LW G: ISHAM'T CITY 'OF DENTON, TEXAS .4. 'E i~ yt CIO ,1 r I r r r rt 5 Yet ; • t, t c nr' S~1 1" ~ `~j~y~ l,.w~r~'S~i ~P ,y f l ✓'t h~ a5 i~t~.~q~ t ~ ~.~,5~.i' r THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON T S9 2 j. THAT DON R. HARRISON, GLENN W. JUSTICE, HOYT COLE, DALE IRWIN of Denton County, Texas , in consideration of the sum of -----ONE DOLLAR ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which Is hereby acknowledged, do by these presents grant, barsain, 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 Denton County, Texas, in the T. Toby Survey, Abstract No. 288, and the B.B.B. & C.R.R. Co. Survey, Abstract No. 186. 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 ppart of the T. Toby Survey, Abstract No. X188 and the B.B.B. & C,R.R. Co. Survey, Abstract No. 186, and being part of the Denton North Addition, an addi- tion to the City/County of Denton, and also being part of a tract of land as conveyed from John W. Porter to Don R. Harrison by deed dated June 12, 1970 and recorded in Volume 603, Page 418 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at a point in the west boundary line of said tract, said point of beginning being 374.7 feet south 10 59' west of the northwest corner of said tract and also being 19.3 feet north 10 59' east of the southeast. corner of a tract of land conveyed from Richard Riney to Presley Clyde Runk by deed dated February 2, 1972, and recorded in Volume 638, Page 175 of the Deed Records of Denton County, Texas; THENCE south 430 02' east, a distance of 85.8 feet to a point for a cor- ner; . THENCE south 880 02' east, a distance of 276.7 feet to a point for a corner in the west right-of-way line of Fallmeadow Street; j THENCE south 10 59' west, along the west right-of-way line of Fallmeadow Street, a distance of 16,0 feet to a point for a corner; THENCE north 880 02' west, a distance of 283.3 feet to a point for a cornet; THENCE north 430 02' west, a distance of 69.8 feet to a point for a corner in the west boundary line of said tract; i THENCE north 10 59' past, along the west boundary line of said tract, a distance of 22.6 feet to the place of beginning and containing 5385 square feet of land, more or less, vai 766 PACE 62~ I esid'premisee for the purpose of making additions to, Improvements on and repairs to the said _r drainage facilities, or any pert thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforeask the premises above described. Witness our hands , this the day of . D. 19 76, DO ROLE t~'60 DALE IRWIN .1 THE STATE OF TEX°A ; C°KNOW ALL MEN BY THESE PRESENTS;! COUNTY OF DENTON 8921 THAT DON R. HARRISON, GLENN W. JUSTICE, HOYT COLE, DALE IRWIN of Denton County, Texas , in consideration of the sum of -----ONE DOLLAR ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free • and unintorrnn4oi Ilan lihn~l.. n-A rt. tl 1 NMI 1 VOL 786 ew 626 And it is further agreed that the said in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining drainage facilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said drainage facilities, or ray part thoreof• TO HAVE AND TO HOLD unto the said City of Denton, 'texas u aforesaid for the purposes aforesaid the premises above dwribed. Witness our hands , this the day of D. 19 76. DO R' 0 OLF. DALE IRWIN k. u' JOINT XI= ACKNOWLEDGMENT THE STATE OF TEXAS, DENTON BEFORE DIE, the undersigned authority, In and '{es•a ,id County, Texas, on this day personally appeared HOT:-C _...~.._._._OLE~ 'DALE IRWiN...----- q*n to me to be the ecrson S_ whose nam S.------- subscribed to the foregoing instrument, and acknowledged to roe t4fg he Y execq&4 the same for the purposes and consideration therein expressed. L S) 11th D March ~''C.IVEN UN6$R MY HAND AND SEAL OF OFFICE, x /)11th of A.D. 19.7b Notary Public, County, Texas My uommisrion Expires June 1, 19.17 SINGLE ACKNOWLEDGMENT THE STATE,,OF TEXAS, • ei BEFORE ME, the andereigoed authority, COUNTY OF__.~rgp DON R. HARRISON to and for said Count Texas, on this day personally appeared - - - known to me to be the person-.-whose name--- subscribed to the foregoing Instrument, and acknowledged to me thet...... he executed the same for the purposes and consideration therein reased. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This of. ~'.'r! A.D. 197E Notary Public, County, Texas ' Div rommission F.xplres Jund 1, 19 17 - SINGLE UMMMAI=ACKNOWLEDGAI THE STATE OF TEXAS, 1 COUNTY OF/c% ~ic~e`~ J BEFORE ME, the undersigned authority, in and for sold County, Texas, on this day personally appeared GLENN W. JUSTICE - - known 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 a corporation, and.that he executed the same as the act of such corporation for the purposes ■nd consideration therein expressed, and In the capacity therein stated. u ' OWEN UIOER MY HAND AND SEAL OF OFFICE, This ....lf d ofr 1lr~ _v , A.D 19;Jx' Notar/ Public, _h/... County, Texas My Cummisslon Expires Jun 1, 191 CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF..,. h......... lilE ISF N1Y £QIfNTY-0£-0EN70N County CLEF , Dontcr, fourrty, Trres Clerk of the County Court of said County, lo hereby certif tha the ~bg~g1pptFµant'.oJ tsridFgtllhted on the erubp c da y o ' . ' A. D 1 d D Co tY did (id p g!Af~STt~~,{~ut r ae Aled for my y .of n record in recorded my oMce on the dA~.,._ oa 19. . at .fie, ~br ms, . M., and duly ~..~jj44 I, Mock M., In the Records of said County, In ~lO~ A , on pages . WITNESS MY HAND AND SEAL OP THE COUNTY COURT of unty, at office in the day and year 1a Q9le itmy County Cla ; Milo fX K- DUdsaliMMW&Aty, Texas. (L A,) By,._.,............ , Deputy, I la rut i l a I.~r~: ti:1M s l t S oo- IJ 7 rat No. 7~- 9 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS PROVIDING FOR CURB LOADING ZONES; REPEAL- ING CONFLICTING ORDINANCES; PROVIDING A SAVING CLAUSE AND DECLARING AN EFFECTIVL DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Sections 24-127 through 24-124.2 of Chapter 24, Article V of the Code of Ordinances of the City of Denton are hereby repealed and shall hereafter be amended to read as follows: Section 24-127. LOADING AND UNLOADING OF FREIGHT TRUCKS. All freight trucks shall be, and are hereby required, to be loaded and unloaded from the alley entrance, if practicable. Where conditions are such as to make the loading or unloading thereof from an alley impracticable, such trucks shall be parked on the street in accordance i with all applicable provisions of this article. Section 24-128. PERMIT REQUIRED; APPLICATION; WHEN AUTHORIZED. (a) Loading zones mp,y be granted to any business where said loading zone is necessary for the conduct of the business, subject to the provisions provided below. (b) The ovner or manager of a business desiring a loading zone shall make written application to the Traffic Safety Support Commission, The application shall state: (1) The name and address of the business. (2) The types of goods and/or servicec provided by the business. (3) The types and number of commercial vehicles operated by the business. (4) The types of commercial vehicles making deliveries to the business and the frequency of the deliveriep made by said vehicles. (5) A statement of the specific use to be made of the proposed loading zone. (c) If the application for the loading zone is approved by the Traffic Safety Support Commission they shall cause the loading zone to be ivetblled upon receipt of an advance payment of One Hundred Fifty Dollars ($150.00). (d) Loading zone applications shall be reviewed annually by the Traffic Safety Support Commission who shall determine whether a need s. for each loading zone still exists. If the Traffic Safety Support Commission determines such a need still exists, the loading zone shall be renewed upon the receipt of Seventy Five Dollars ($75.00) renewal fee prior to October 1st of each year. Failure to pay the renewal fee prior to October 1st will result in the need for reappli- cation at the cost of One Hundred Fifty Dollars ($150.00), (e) The denial of a loading zone or loading zone renewal may be appealed to the City Council. (f) Loading zones shall be non-transferable unless authorized by the Traffic Safety Support Commission. (g) Loading zones may only be used for the actual loading and unloading of commercial vehicles except that the owner of the load- ing zone may register with the Traffic Safety Support Commission and Chief of Police each vehicle with very properly affixed signs identi- fying it as a commercial vehicle. Such vehicle may remain parked within the loading zone between deliveries. Section 24-129. LOADINT ZONES - MARKING Every loading zone shall have painted on the curb adjacent there- to and/or signs adjrcent theretL, the words "Loading Zone." Section 24-129.1. LOADING ZONES - PARKING RESTRICTIONS. (a) No commercial vehicle marked in accordance with Section 24- 128 (g) shall be parked in any loading zone for a longer continuous time than is rersonably nEcessary to load or unload goods or merchan- dise for the bussness for which such loading zone is reserved except in accordance with Section 24-128 (g). (b) It shall bs unlawful to park a vehicle not having properly affixed signs attached thereto identifying the vehicle as a commercial vehicle within a loading zone at any time for any purpose, SECTION II, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, here- by declares it would have enacted such remaining portions despite any such invalidityr SECTION III. 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 this ordinance to be published in the Denton Record-Chronicle within ten (10) days of the date of its passage. PASSED and APPROVED this the 1 day of A. D. 1976. ELINOR HUGHES, W CITY OF DENTON, TEXAS ATTEST: BROOKS HOT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISM, IT ATTORNEY CITY OF DENTON, TMAS i t1 { ♦.y 1 R IR ~rR 1* .S r r • j`y oeff Ir' I I L f ~ q s' I. } yL+ ~}YxS r h ` qH r y } yn: Il . I'1'~ lr,Y F~~%' a .~5 I a~A+f L a..: ~e Ir; Al'. AGREEMENT BY AND BETWEEN. AND THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS THIS AGREEMENT, entered into as of this _ 15th 'Jay of June , 1976, by and between the City of Uenton -,(herein tolled the "Contractor") and the Nora Centro Texas C'uunciT oT Governments, located in Arlington, Torrent County, Texas (herein coiled the "Planning Agency"), WITNESSETH THAT: WHEREAS the Planning Agency desires to engage the Contractor to render certain technical, professional and other services hereafter described in connection with an undertaking which is to be partially financed under Section 701 of the dousing Act of 1954, as amended: NOW, THEREFORE, the parties hereto do mutually agree as follows: 1 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth in connection with the Project of the Planning Agency under Urban Planning Grant Contract No. NCTCOG - WS - 75. 2. Area Covered. The Contractor shop perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, herein called the "planning area": the counties of Collin, Dallas, Denton, Ellis, Eroth, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Porker, Rockwall, Somervell, Tarrant and Wise of the State of Texas. 3. Scope of Services. The Contractor shall do, perform and carry out, in a satisfactory and proper manner, as eterm ne'd by the pian.iing agency, the following services: a. Recruitment of one minority group graduate student who sincerely desires to initiate a career in urban planning or management, for in-service training and work experience directly related to city management or planning. b. Provision of in-service training for the intern during periods of service with the contractor, as set forth in "The Responsibilities of the Employing Agency" which is attached as Exhibit A and Included In, and mod; a part of this contract. c. Provislon of salary and A benefits, professional guidance and technical support by technical staff; office space; office furniture and equipment; office supplies; office support services; program management, supervision and evaluation; project coordination with the Planning Agency end ony other service found necessary, and deemed appropriate by the Planning Agency. The Contractor will determine the amount and will pay all remuneration duo the intern. An amount not to excced $850 for o 3 month interns!,ip From June 21, 1976 to August 31, 1976 including a $225 cash contribution by the Contractor, will bu reimbursed in full on a monthly basis by NCTCOG whon and as funds are re- ceived from the Department of Housing and Urban Development. V e $225 local cash-motch contribution is to be transmitted tr, NCTCOG at the limo this c.)ntroct is executed. The contractor will pay the amount of $750 in the form of cash-equivalent services as well as the $225 cash mentioned above. d, Provision of necessary supoorting documentation in accordoncel$th the requirements set forth in Chapter 3, Paragraph 20, HUD Handbook MD 6042,1 dated March, 1969, naming persons performing the services, amounts of services performedt, dotes of performance of services, and the amount of other contributed support. b. Services to be furnished by the Planning Agency. The Planning Agency agrees 11 provide t e fo owing services: a. Provision of general program mamjement, program cootdination, and oil grant odmiristration services related to the program. b. Provision of recruitment assistance and review for the Contractor as required. The Planning Agency reserves the right to review and mole recommendations on all prospective minority group participants so as to insure that the true and best intent of the program is carried out. c. Processing reimbursement payments to the Contractor as grant monies are received, on a monthly basis. The Contractor will'be required to produce adequate documentation of all cash expenditures and/or cash-equivalent contributions in order to be reimbursed with grant funds requisitioned from HUD by the Planning Agency. i d, Any other services as may be required to accomplish the objectives of the program. 5, Poisonnel. a, The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services assigned to him under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. b. All of the services required hereunder assigned to the Contractor will be performed by the Contractor or under his supervision, and al l personnel engaged in the work sholI be fully qualified and shall be authorized under State and local low to perform such services. c, None of the work or services covered by this Contract shall t e subcontracted without the prior written approval of the Planning Agency. 6. Time of Performance. The services of the Contractor are to commence as soon as proctica6Te a ter t o execut on of this Contract and shall be undertaken and completed in such seauence as to assure their expeditious completion in the light of the purposes of this Coniraet, but in any event all of the services required hereunder shall be cur;oloted prior fo'the termination of the Program on August 31, 1976, or another date established by the Planning Agency and the Deportment of Housing and Urban Development. 7. Com nsotion. The Contractor agrees to provi.te the contributed services and project as set forth wpporteimOoMined In parogroph 3 and receive nor bursed b the Planning Agency for a portion ofrthevprogra pm cotso than being r by In Item 3 of this contract. . l G_ • 8. Method of Puymanl. TheAM-ontractor will be reimbursed for hi*ogram costs when and as grant monies are reccivcd from HUG on a monthly basis as set forth in Items 3 and 7 of this contract. The Contractor will 'be required to present to the Planning Agency adequate documentation to substantiate all costs and/or value of contriLuted services, which have been rendered by the Contractor. 9. Termination of Contract for Cause. If, through any cause, the Contractor shall not be able to fulfill, or fat to fuifi in time y and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Planning Agency' shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date of such Termination. In that event, at the option of the Planning Agency, the Contractor shall be entitled to receive just and equitable compensation for any services satisfactorily rendered. 10. Termination for Convenience of Planning Agency. The Planning Agency may terminate this Contract at any time y giving written notice tote Contractor of such termination and specifying the effective date thereof, at least 15 days before the effective date of the termination. 11. Changes. The Planning Agency may, from time to time, require changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decree" in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract. .12. Equal Employment Opportunity. Thee shall be no discrimination against any employee who is emp oyed in the work covered by this Contract, or against any applicant for such employment, because of nice, color, religion, sex or national origin.. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall Insert a similar provision in all subcontracts far services covered by this Contract. 13. Interest )f Membars of Henning Agency and Others. No officer, member or employee of the Planning Agency a;d no members of its governing body, and no other-public ofilcial of the governing body of Me locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undn!oking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 14. Assignability. The Contractor shall not assign any interest in this Contract, and Shull not transfer any interest in the some (whether by ossignment or novation), without the prior written consent of the Planning Agency thereto: provided however, that claims for money due or become due to the Contractor from the Planning Agency under this Contract inoy be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 15. Interest of Contactor. TAL-ontractor covenants that he presed8v has no interest st, direct or and shall not acquire any inl r services required to be performedlunderfthis Contract. (n The r r degree w l The performance Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed, 16. Finding Confidential. Any reports, information, data, etc., given to or prepared or assembled by thehal shalltnot be made ailabie to`anytindPvidual orAorgan~zatonsbytthee kept as eonfiden Contractor without the prior written approval of the Planning Agency. 17. Officials Not to Benefit. No members of, or Delegates to, the Congress of the United States of Americo, and no Resident -ommissioner, shall be. admitted to any share or part thereof or to any benefit to arise herefrom. Identification of Documents. All reports, maps, and other documents completed as 18. a port oft is Contract, other than documents exclusively for intern -I use within the Planning Agency, shall carry the following notation on the front cover or a title page (or, in the case of maps, in the same block) containing the name of the Planning Agency. document, etc., was financed in part through on °The preparation of this report, map, urban planning grant from the Department of Housing and Urban Development." 19. Copyright. No reports, maps, or other documents produced in whole or in part under-this Contract shall be subject of an application for copyright by or on behalf of the Contractor. IN WITNESSe date EOfirst o6ove F the Planning ngency and the Contactor have executed this agreement as of th NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS CITY OF: EXHIBIT A THE RESPONSIBILITIES OF THE EMPLOYING AGENCY 1, The employing agency will make every attempt possible to provide on -educational experience for tha intern employed. ' 2. The employing agency will have complete authority over all personnel decisions, including employment and dismissal. 3. The employing agency will determine the amount and will pay all remuneration due,, the intern. An amount of $850 for a 3 month internship. from .1une21 , 1976 to August 314, 1976, including the $225 cash contribution of the city, will be reimbursed in full by NCTCOG on a monthly basis when and as funds are received from the Department of Housing and Urban Development. s 4. the $225 local cash-match contribution is to be transmitted to NCTCOG at the time this contract is executed. 5. The employing agency will provide $750 of matching funds in the form of in-kind services. This matching amount will be provided on : proportional basis when request i is made from the employing agency for reimburse;nent from NCTCOG. { 6. The employing agency is encouraged to pay student membership dues for the intern in appropriate local, state or notional professional associations which would increase the professional contacts of the intern. ik 7. The immediate supervisor will meet periodically with the intern and his university advisor to discuss the student's progress and the relationship between his academic endeavors and his on-the-job performance. 8. The employing agency will prepare a job description for the intern, providing one copy to NCTCOG and one to the intern. This should be completed as soon as possible, but preferably before the end of the first month of intern employment. ~ '~1 C~ ~ ` , Q o Bond #400EF3526 'SIGN BOND THE STATE- OF TEXAS X KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON X That we, E. M. Wood-Signs _ a;; p::inciptil and St.Paul Fire and Marine Insurance Co. as surety, are held and firnly bound unto CITY MANAGER of the City of Denton, Texas, and to his successors in office, in the sum of One Thousand Dollars ($1,000.00), for the payment of which we hereby bond ourselves, our heirs, administrators and assigns jointly and severally. The condition of the above obligation is that whereas the principal. herein was granted a License to construct and in- stall signs in the City of Denton, Texas; Now Therefore, if the said E. M. Wood-Signs , principal herein, shall at all times comply with the Ordinances of the City of Denton governing the construction, repair and in- stallation of signs in said City and all the Laws of the State of Texas which regulate signs, and conditioned further that the principal herein shall fulfill any and all contracts made for such work for one (1) year from the date hereof, then this obligation shall become null and void; otherwise to remain in full force and effect. This bond shall be for tho use and benefit of the City of Denton, Texas., and for the use and benefit of any person having a cause of action growing out of the construction, installation, y ,r alteration or repairing of any past of any sign by said applicant or any of his employees, or growing out, of a breach of a contract for the construction, installation, alteration or repairing of any part of any sign by said applicant or any of his employees. 10 TESTIA;ONY 97IIEREOP, 11ITNESS OUR HANDS at Danton, Texas, this the 26th day of June , A. D. 1.9 76 E. M. Wood-Signs Principal sy; St. Paul Fire and Marine Insurance Co any Suret ` y Y- 4,0 Jan G. Corre.y, Attorney-,X-Fact f Clan i ST. PAUL FIRE AND MARINE INSURANCE COMPANY (A Capital Stock Company) ST. PAUL, MINNESOTA Fidelity and Surety CERTIFIED COPY OF POWER OF ATTORNEY Department Original on File at Home Office of Company. See Certification. KNOW ALL MEN BY THESE PRESENTS! 7hit the St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, and having its principal office in the City of Saint Paul, Minnesota, does hereby constitute and oppuint Janice G. Correy, Joe Bruce, Robert Cobb, individually, Dallas, Texas its true and lawful dtorneys(s)-in-fact te. execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, lecognizancet, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) In pursuance of these presents, shall be as binding upon the said St. Paul Fire and Marine Insurance Company, at fully and empty, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed. and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by the Board of Directors or the ST. PAUL FIRE AND MARINE INSURANCE COMPA'!Y at a meeting called and held on the 73rd day of January, 1970, of which the following is a true transcript of said Section 6(Ci. "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary, shat, have power and authority (1) To appoint Attorney Pin-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof, and (2) To appoint Special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company, and (3) To remove, at any time, any such Attorneyin-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is sighed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May. 1959. of which the following is a true excerpt: "Now therefore the signatures of such offscets and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such pover so executed and certified by facsimue signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which it is attached." IN TESTIMONY WHEREOF, the SL Paul Fire and Marine Insurance Company has caused this inst rument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of January A. D. i9 76 ST. PAUL FIRE AND MARINE INSURANCE COMPANY e r „ b f t.rr STATE OF MINNESOTA „ rat?, s a. I " County of Ramsey I ; Vice Resided. On this 29th day of January 19 76 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, aaid that he Is the therein described and authorized officer of the St. Paul Fire am Marine (naursnce Company; that the seal affixed to said instrument It the Corporate Seat of Bald Company; that the said Corporate Seal and his signature were duly affixed by order of thePoard of Directors of said Company. ,c p~F ft IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal. r at the City of Saint Paul, Minnesota, the day and year fro above written. ✓ t X i~•,r ? V. C.INNES iA~i~l~ ? Notary Public, Ramsey County, Minn. rn,,if y~ My Commission Expires April 27, 1976 CERTIFICATION I, the undersigned officer of the SL Paul Fin and Marina Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,* with the ORIGINALS ON FILE IN THE NOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole o! the said originals, and that the said Power of Attorney has not been revoked art is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto urt my hand this 26th day of Jute 076 / Secretary. V aUnlimlted as to character and amount, 10910 CPS Rat. 30.74 Prlnled to V.S.A. • ~ I North Texas June 21, 1976 seats ~ University Denton. Texas 76203 President's Mr. Jim White Office City Manager Municipal Building Denton, Texas 76201 Dear Jiri: Our respective offices and entities seem to be getting "forced apart" by outside influences over which we have no control, and which possess various motivations not made clear, nor even properly stated. I cherish the long-standing close working relationship which has existed for some years always to the benefit of our respective institutions. In view of the unusual influences and circumstances which are developing in the request of me University to close a portion of Avenue D and Prairie Street, I hereby request the City Council to reconsider the matter. In essence, I should like to ask that the City of Denton reconsider the affirmative recommendation of the Planning and Zoning Commission made last year concerning the four blocks of these two streets. As usual, the University is ready to pay its full share of appropriate related costs as we have discussed. It would be appreciated if you can see that this matter is placed on the Council agenda for the first meeting in July. Thank you for your consideration. Sincerely, C. C. Nolen President CCN:er cc: Mayor Elinor Hughes Members, City Council Dr. Jack Barton frntdenl', Opke *A CO 11.788de26 July 20, 1976 STATEMENT REGARDING THE NTSU HEALTH, PHYSICAL EDUCATION AND RECREATION FACILITY John Douthitt Planning for the Health, Physical Education and Recreation facility on the North Texas State University campus was initiated in 1973 when President Nolen appointed a committee to study space needs for the program. From the report of this committee it was evident that facilities were not adequate to meet the needs of the instruc tional program and for student recreation. A number of universities in the North Texas area have recently constructed facilities and it was apparent that if we were to remain competitive with these schools it was essential that we provide adequate and attractive facilities to meet the recreational needs of a growing student body. At the same time, we recognized that North Texas is the only mj*kjor university in the area without an indoor swimming pool. The proposed facility includes a pool that will not only meet the recreational needs of students, but will be suitable for a competitive swimming program.. In September of. 1974 architects were selected and a second committee was appointed to plan a facility to meet current and projected program needs for the instructional • program in Health, Physical Education and Recreation and for student recreation. The total project that resulted from the joint effort of the committee and the architects included more than 200,000 square feet with a cost estimate of something more than $12 million dollars. Due to the limitation of available funds the total project was planned in such a manner that it could be constructed in phases. At this point the committee requested, and received, permission to evaluate the several possible sites for a facility of this size. A sub-committee was Y 2 appointed and after careful consideration of at least four possible locations the proposed site was recommended. This recommendation was based on the following points: 1. Proximity to existing facilities that are included in long range plans for the program, 2. Available space for constructing the total project, and the inclusion of a remodeled Men's Gym as a part of the project. The proposed facility will be connect•id by a covered walk to Men's Gym, 3. Proximity to student housing and to outdoor space that will be used to meet program needs. It is important to note that the investigation of possible sites by the sub- committee indicated that for a project of this size there is no location on campus that would not require the closing of one or, more streets for construction of the proposed facility. i i w Mayor Hughes, members of the Council, my name is Roy Busby. Assistant to the President and Secretary to the Board of Regents at North Texas State. As you will remember, the City Council has recently reappointed me to a new term as a member of the City's Research and Economic Development Board. The Research and Economic Development Board is conr-rned with attracting the right kind of industry to Denton, and with the well being of the industries already here. I appreciate the opportunity tonight to speak for North Texas State Denton's largest employer and industry. The economic impact of North Texas State University on Denton is, and has always been, impressive. We are asking you tonight to take an action to help keep this University competitive with the other schools in the state, and therefore keep Denton's economy healthy. There may be some facts about North Texas State with which you are not familiar. As the largest employer and industry in Denton, NTSU: * will have a $40 million budget for the -text school year of which almost $30 million will be in salaries. * employes more than 3,000 persons, in addition to its 17,000 student enrollment. * in the last 10 years has spent more than $73 million for construction, including materials and salaries, and will spend some $10 million next year. * receives and spends approximately $3.5 million a year now in funds from federal and other grants. * as a customer of the city, pays utility bills of approximately $1.3 million a year, and a telephone bill of more than $392 thousand a year. Yoi can also look at it anoth,r way. Think of the millions of dollars NTSU cmployeea and students, who live in Denton, spend hove in thv: city each year on, * real estate and homes * apartments * utilities * banking and savings and loans * insurance * sales tax * food at grocers and restaurants * all retail establishments * telephone services * medical and legal services * automobiles * and many other services such as: * barbers and beauty shops * repair services * gasoline outlets * all forms of entertainment * and newspaper subscriptions and classified ads, to name a few. The list of benefits to the City of Denton's economic welfare from North Texas State's continued growth are endless. I have been asked to read into the record letters from two persons whc could not be here tonight. (letters) Mayor Hughes, members of the Council. Thank you for the opportrnity to speck tonight, both as a representative of North Texas State, and as a private citizen concerned with the economic well being of the City of Denton. L,UBBOCKAVALANCHE-JOURNAL ' SOUTHWESTERN NEWSPAPERS CORPORATION le -'tea LUBBOCx, TEXAS ROBERT R. NORRIS KENNETH MAY LUBBOCK AVALANCHE-JOURNAL Associate Editor SOUTHWESTERN NEWSPAPERS CORPORATION General Manager-Vice President July 151 1976 President C.C. Nolen North Texas State University Denton) Texas Dear Jitters As a regent of one university and as a newspaper editor in another city with a ma.lor university and a college) I am particularly sensitive to the need for approaching matters of mutual town-gown interest with open-minded concern for all who will be affected by the ultimate decision. It is my firm belief that the interests of a university and of the community in which it is located can not be separated. In matters so sensitive as the location or relocation of streets) there will be advantages and disadvantages of alternative courses of action both to the general public and to the students) faculty and staff of the university--but these should be considered as a unit and not separately. Then1 the decision should be made on the bas4s of the most goody recognizing that no solution will be perfect or unanimously approved. /{s you well knows my first question when a street is involved is whether it is essential to the convenience of the general public. Is it needed as a malor thoroughfare to move traffic or is it merely a street serving the neighborhood? If itrs a m%;or thoroughfare) is there an alternate route that would serve the purpose without undue hardsh}p and with less of a detrimental effect on the university? PA ~ ~ ;-1, " LUBBOCKAVALANCHE-JOURNAL Y,w w isw SOUTHWESTERN NEWSPAPERS CORPORATION ~ :..t.`.Z..~ ~ Morntn`-EnJs`~Snnday LUSSOCK, TEXAS ROBERT R. NORRIS KENNETH MAY LUBBOCK AVALANCHE-JOURNAL Associate Editor SOUTHWESTERN NEWSPAPERS CORPORATION General Manager-Vice President I My second question is whether the absence of a street to consolidate the campus would be truly beneficial to the students. Would they be safer? Would the integrity of the campus be improved? Would it be easier to get to and from classes? Would it enhance the academic atmosphere by removing unnecessary noise or confusion? Would it make the campus more attractive:w thus helping enrollment? Would it be beneficial to the staters taxpayers? A state university belongs to the entire statew but its interests can not be separated from those of tte community in which it is located. Full cooperation and an attitude of ;ielpful consideration by both the academic community and the public community are essential for mutual progress and benefit. Whenever either loses sight of its interest Inv and responsibility tow the otherw everybody loses. As'a graduate and a regent of NTSU who has personal friends and relatives living in Dentonw I am deeply concerned both as to the progress of the university and as to the interests of the community. My own decision after long and careful consideration of all frctors is thatw on balancew the advantages far outweigh the disadvantages of consolidating the campus in the area in question. This is a decision not lightly arrived at but it is the one which in my considered Judgement is the only right one in this instance. Please use all diligence in conveying my thoughts to anyone who might be interested in them. Sincere Iyw Kenneth May JESS NEWTON RAYZOR 12" M. UNh LRl TY DIOY[ 09UTON. T[w TagOi July 13, 1976 City of Denton Council Members Denton, Texas 76201 Dear Members of the City Council: Having observed the affairs of the City of Denton and North Texas State University for a number of years both as a resident, a substantial tax- payer and as a commuting businessman I should like to stress the value of mutual self interest between tl•ese two bodies, it appears to me thwt the well-being of NTSU is closely tied to the well-being of the City of Denton and vice versa. Surely, with the long history of mutual interest and support, this City Council will see the wi<_dom in continuing to implement the Master Plans of both bodies by approving this nominal request for closing four blocks of City Streets used almost totally by University-related traffic. As I under- stand it, the University owns all of the adjoining or contiguous land which Is involved in the request. If a substantial private business venture were making the some request under the some circumstances and the consuming public in the area would benefit substantially, I would urge the Council to approve that request also. Surely, then, the interests of the University in this regard should be considered as being vitally important to the improvement of the community by any measure you may wish to apply. I urge the City Council to approve this request. Sincerely, Jess NewtooRaynor JNR/sd r STATEMENT, C. C. NOLEN, PRESIDENT, NTSU BEFORE CITY COUNCIL, DENTON, TEXAS Tuesday, July 20, 1976 After ten years of preparation, North Texas State University one year ago presented a formal request to the city of Denton for the closing of six blocks of city streets in the viestern portion of the campus. One of tv se requests (that for 2 blocks on Avenue C) was subsequently withdrawn and one is stiil active for your consideration tonight. Our request in July 1975 asked for action by NovE,aher i, 1975, for the closing of Avenue D between Chestnut and Highland and of Prairie Street between Avenue C and Avenue E. This request had been explored informally in 1974 with the City Council and with the city staff; on this basis, the design of a Health, Physical Education, and Recrea- tion facility was developed by our architects. After public hearings on August 20, 1975, the University request was u,animously_ approved by the Planning and Zoning Commission, which recommended it to the City Council for favorable action. The Uni- versity instructed ti.e architects to prepare documents to take bids for construction of the $4.5 million HPER Center in November 1975. Unfortunately, the request has never been given formal consideration by the City Council, and construction plans are running far behind schedule. We thus app ar before you at this time asking for favorable action on the request only for Avenue D and Prairie Street. In support of this request, we would like to review some of the major events in the development of the city-university planning process. In addition, a number of other individuals plan to appear to present their particular perspectives of the proposal and its advantages. On June 30, 1965, a little more than 11 years ago tonight, the city manager and staff sat down with university staff and planning consultants to begin a coopera- tive venture in joint city-university planning. During the succeeding months of that year, the planners worked regularly with the city staff, the Planning and Zoning Commission, and the City Council to develop the foundation for that planning. In .September, University administrators and planning consultants reviewed early findings at a meeting with the City Council and the Planning and Zoning Commission. On -2- November 4, 1965, the NTSU Board of Regents voted approval of basic planning assump- tions for University development. Then, in December of that year, a University vice- president appeared before public hearings of the Planning and Zoning Commission to offer' for their review and consideration the general plans, property purchas?, and street closing questions being considered. In February 1966, the Board of Regents heard a report that [QUOTE] "the master plan activities had been presented to the Denton City Council and the Denton Planning and Zoning Commission, and that both groups had responded enthusiastically. In a year-end statement for the Denton Record-Chronicle, the mayor described the start of NTSU master plan studies as the most significant happening of the year [1965] in the City of Denton." [CLOSE QUOTE] This led in February 1966 to authorization of the plan by the Coordinating Board, Texas College and University System, and public announcement in the Denton Record- Chronicle of thenature of the long-range plans for the development of a university planning district. Two other events of that period are significant to recall tonight: 1. On May 8, 1967, the completed plan prepared by Caudill, Rowlett and Scott, after two years of work with the university and the city, was published and distributed widely through the campus and the community and printed in newspapers of the area. 2. On January 18, 1968, city plan consultant Marvin Springer reported that the revised Denton thoroughfare plan would take full recognition of the University plan and that there would be no city streets bisecting the campus. Since that time, the Anton City Council has followed this planning process and has taken action on many occasions to quitclaim title to various inner-campus streets. Streets that have been closed by city action thus far include: One block of Maple to provide a site for the Coliseum. Three blocks of Sycamore Street. -3- Three blocks of Avenue B. Three blocks of Avenue A. One block of Prairie. Two blocks of Chestnut Street. 13 blocks, all for development of the campus area. You are asked tonight to take the same action the city has repeatedly taken in the past. There is nothing new, different, unplanned, or unannounced in the request. In fact, the published university and city plan documents illustrate the continued formal and public character of the plan conmitM nts which underlie this request tonight. A brief citation from each of three documents will emphasize the nature and strength of these commitments. 1. NTSU CAMPUS PLAN, May 1967: "One of the major problems at North Texas State University is the number of local city strnets bisecting the campus north and south, east and west. Many points of vehicular-pedestrian conflict occur because streets are continuous through the campus. The circulation and parking plan is based opt a maximum reduction of these points of conflict. . . . The major perimeter streets . . . would be Eagle Drive, Avenue E, Hickory and Bernard." 2, NTSU CAMPUS PLANNING.WORKBOOK, May 1972: "The circulation plan has been developed with the City's aid in designating major community streets at the perimeter of the campus on Oak and Hickory, Eagle, Bernard and Avenue. . . . Remaining streets will not go through the campus and will only serve parking areas, service accEss requirements and pedestrian loading areas." -4- 3. DENTON: A TWENTY YEAR. COMPREHENSIVE PLAN, 1974-1994: "Other conditions which affect the overall design of our transportation system have emerged with the increase in the size and stature of our two major state universities. At one time, it was sufficient that these institutions locate themselves along city streets, but as enrollments increased, so did the conflicts between pedestrians in the campus area and vehicles on the streets. The develop- ment of master plans for the universities which feature a pedestrian orientation have resulted in the need to consider entire areas of the city as unsuitable for the location of major thoroughfares. This is compounded since, in several cases, major thoroughfares bisect the campus areas and present severe traffic safety problems for pedestrians and motorists alike." [Section 5, Page 1] [referring to the NTSU area] "The vehicular -lerimeter will be generally defined by Avenue E on the west, Hickory Street on the north, Bernard Street on the east, and Eagle Drive on the south. . . . Avenue E and Bernard Street should be designated primarily for north-south vehicular traffic while Eagle and Oak- Hickory will remain as the primary east-west vehicular trafficways. . . . Rerouting traffic via Avenue E should begin prior to [1977]. Funds for the improvement of Avenue E were provided in the 1973 street improvement bond program with actual construction planned by 1976." [Section 8, Page 41 In proposing implementation of this process, may I remind the Council that you have received an offer from the University to pay a significant sum for relocation and construction costs associated with this request to close portions of Avenue D and Prairie Street. I will be glad to recapitulate the details-of this offer if you wish. Let me note the kinds of funds we are discussing here. There have been isolated calls to "soak the state" in the process of quitclaiming streets. The city of Denton has of course never taken that attitude. It should be clear to everyone: 1. There are no tax dollars appropriated by the State of Texas for projects such as this. -5- 2. There are no ad valorem tax constitutional bond dollars eligible for projects such as this. 3. The dollars which are spent and which will be spent for the purchase of property, the relocation of utilities, the paving of street areas, etc. are dollars paid ~X students in fees as they register. LFT ME EMPHASIZE: WE ARE DISCUSSING TONIGHT A PROJECT FOR THE BENEFIT OF STUDENTS, PAID FOR WITH STUDENT DOLLARS. THERE IS NO BIG-BROTHER BENEFACTOR IN AUSTIN PICKING UP THE TAB, AND FUNDS FROM THIS SOURCE ARE SEVERELY LIMITED. Another economic note should be made here. A little-remembered fact in the development of the NTSU Campus Plan is the fact that the University President in 1965 asked for the creation of i-tail zoning on the south side of the campus area. Early in the development of planning assumptions, President J. C. Matthews told the planners that the existence cf neighboring businesses on "The Corner" along Hickory and Fry-Avenue A had been important to the development of Norm Texas. Similarly, he said, the development of strong retail services on the other side, or southern edge, of the campus would be important to the university and to the community. He therefore asked the city to provide retail zoning south of Eagle Drive when? no retail establishment then existed. This was done and a major retail area subsequently grew up all of it sited in terms of the concept of adjacency to a campus with perimeter streets at Eagle Drive, Avenue E. and Bernard,which, together with Interstate 35, would provide vehicular access to the retail area. For that reason, we can honestly say that we have a real stake in the existence and success of our business neighbors to the south, and that we are still in the process of implementing a plan that was conceived and launched for our mutual benefit before any of theso business sites was in existence. -6- Let us again stress that you are asked tonight to take an action which has been ratified by a vote of the citizens of Denton, who approved a bond election for city thoroughfare development which was designed to implement the city/university thorough- fare and traffic plans. In December 1973 the voters of this city voted approval of bonds for the construction of Avenue E as a major campus perimeter street. The closing of Avenue D and Prairie is a very nominal part of that program, and that is all we are asking tonight. This, too, was the produri of a firm agreement between the City and the Univer- sity. The City Council in November 1970 authorized a traffic study associated with the closing of three blocks of Avenue A and with proposed future plan implementation. As a result, in March 1971 the City and the University agreed to work jointly to develop the major perimeter roads of Avenue E, Hickory, Bernard, and Eagle Drive; NTSU agreed to provide street right-of-way for the widening of perimeter streets adjacent to its property. The City was to seek funding for the widening of Avenue E, and the University would await passage of a bond election before continuing the planned closing of city streets within the campus area. The City and the University had to wait more than two years for the implementation of the first phase of this agreement a bond election for the improvement of Avenue E as the north-south route for the western edge of the campus. If you will examine r the files of the Denton Record-Chronicle for November and December of 1973, you will find extensive news stories and interpretive features explaining the reason for the city-university plan. These appeared, for example, on Nov. 5, 69 79 119 121 14, 189 19, 21, and 27 and .dec. 2, 10, 11, and 14. The bond issue called for a four-lane undivided roadway along the west side of the NTSU campus. It was made clear that the purpose of this portion of the election was to provide for removal of through traffic from the inner-campus area of NTSU and to implement long-standing city-university plans. The bond issue was decisively approved and the City and University proceeded in December 1973 to make detailed plans far putting the voters' approval into action. -7- In sequence, then, every feature of the steady cooperative implementation of this plan has been approved by: the Planning and Zoning Commission. each City Council over a decade. planning and traffic consultants for the city. the University community and its Board of Regents. AND MOST IMPORTANTLY, by a referendur: vote of the citizens of Denton. We feel confident tonight that you will not vote to repudiate the careful and thoughtful work that has been provided by those who have occupied the decision-making positions before you. We feel certain that you share the view that the vitality of this great univer- iity is of paramount importance to the vitality and economic strength of this community and that you will not vote to strike a crippling blow to this university, this community, and this long history of shared progress. We know that you will heed the strong vote of the citizens whom you represent, instructing you to provide, with the funis they voted, the street development which will make possible this joint community and university plan. 3 We are confident that you also represent the interests of our university students, and that you will vote to help in the wise and efficient expenditure of their dollars for the betterment of all. In sum, we feel certain that you will vote clearly and decisively for the future of Denton, for the future of our young people, and for the economic and educational progress of this shared community of interests. The Denton City Council has a clearly demonstrated history of acting on the side of progress and community betterment. We know that your yes-' vote tonight will continue that happy tradition. i THE AMERICAN INSTITUTE OF ARCHITECTS ~ r AIA Document 8141 Standard Form of Agreement Between Owner and Architect THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION IVITH ANATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this Twenty-Second day of JUNE in the year of Nineteen Hundred and Seventy-Six (22 June 1976) BETWEEN the Owner: THE CITY OF DEMON OF DENTON COUNTY, TEXAS and the Architect: HATFIELD - HALCOMBs INC. ARCHITECTS - PLANNING CO%'SULTANTS DALLAS o TEXAS For the following Project: I)nctu& detailed description of Project location and scope) A new Senior Citizen's Facility and remodeling of the existing Community Center for the City of Denton Department of Parks and Recreation, Dentono Texas The Owner and the Architect agree as set forth below. AIA DOCUMENT 1141 - OWNER_.ARr,HITECT AGREEMENT * JANUARY 1974 EDITION a AtA® • 01974 THE AMERICAK INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 ~ PERCENTAGE OF CONSTRUCTION COST 1. THE ARCHITECT shall provide professional s°rvices for the Project in accordance with the Terms a^d Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement. A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shall be computed on tFe basis of one of the following PERCENTAGES OF CONSTRUCTION COST, as defined In Article 3, for porlioos of the Project to be awarded under FOR NEW CONSTRUCTION A Single Stipulated Sum Construction Contract p o *See Note 1 /o) SEVen P'_rcetlt percent I 7 Page xopocxxR►1)lodxk>dx9cmxXktaxauat?ro>ox6Mc7t►ccc>5 8 rxxotxtitkxxxXkk Ai N K3f M xpax x Tik1(Fifb~(~4xdlxx]4xx?Q4)4xf rxxo4xotkxxxXkk S~c9ex 1tx>Exla k>P~x ~cxfl~aK 11 xieRx x~Ar7T7(xvt 1s fxwli,UxxxxxMX B. FOR ADDITIONAL SERVICES, as described In Paragraph 13, compensation computed as follows: 1. Principals' time at the fixed rate of thi rty dollars (130.00) per hour. For the purpose of this Agreement, the Principals are; Norman P. Hatfield, Jr„ A.I,A. Jerry L, Halcomb, A.I.A. James H. Stewart, Jr., A.I.A. 2. Employees' I me (other than Principals) at a multiple of two and ei ght-tenths ( 2, t ) times the employees' Direct Personnel Expense as defined in-Article 4. 3. Services of Professional consultants at a multiple of one and two-tenths ( 1,4 ) times the amount billed to the Architect for such service!. C. AN INITIAL PrkYMENT of NO dollars IS -0- ) shall be made iporr, tf,e execution of this Agreement and credited to the Owner's account. D. FOR REIMBURSABLE EXPENSES, amot-ots expended as defined in Article S. III, THE OWNER AND ARCIiIIEC:T agree in accordance with the Terms and Conditions of this Agree• mcnt that: A. IF SCOPE of the Project Is Chang?d +naterially, compensation shall be subject to renegotiation. B. IF THE SERVICES covered by this Agreement have not been completed within vi CCt1t(len ( 18 ) months of the date hereof, the amounts of CompErmrron, rates and multiples set forth in Paragraph It shall be subject to renegotiation, AIA DOCUMENT 8141 a OWNER-ARCHITECT AGREEMENT * JANUARY 1974 EDITION r AIRS • 01974 THE AMERICAN INSTITUTE Of ARCHITECTS, 1135 NEW YORK AVE., N.W., WASHINGTON, D.C. KOA 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding ARCHITECT'S SERVICES and preparing construction contracts. 1.1 BASIC SERVICES CONSTRUCTION PHASE - ADMIN'STRATION The Architect's Basic Services consist of the five OF THE CONSTRUCTION CONTRACT phases described below and include normal strut- 1.1.10 The Construction Phase will commence with the tural, mechanical and electrical engineering services award of the Construction Contract and will terminate and any other services included in Article 14 as when the final Certificate for Payment Is Is-,ved to the Basic Services. Owner. SCHEMATIC DESIGN PHASE 1,1,11 The Architect shall provide Administration of the 1:7.1 The Architect shall review the program furnished Construction Contract as set forth in AIA Document by the Owner to ascertain the requirements of the Protect A201, General Conditions of the Conrad for Construc- and shall confirm such requirements to the Owner. tion, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder 1.1.1 Based on the mutually agreed upon program, the shall not be modified without his written consent. Architect shall prepare Schematic Design Studies consist- ing of drawings and other documents illustrating the 1 111 The Architect, as the representative of the Owner scale and relationship of Project components for ap- during the Construction Phase, shall advise and consult proval by the Owner. with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect. The 1,1.3 The Architect shall submit to the Owner a State- Architect shall have authority to act on behalf of the ment of Probable Construction Cost based on current Owner to the extent provided in the General Conditions area, volume or other unit costs, unless otherwise modified in writing. DESIGN DEV 1LOPMENT PHASE 1.1.13 The Architect shall at all times have access to 1.1.4 The Architect shall prepare from the ;irproved the Work wherever it is in preparation or progress. Schematic Design Studies, for approval by the Owner, the 1,1,14 The Architect shall make periodic visits to the Design Development Documents consisting of drawings site to familiarize himself generally with the progress and and other documents to fix and describe the size and qua!ity of the Work and to determine in general if the character of the entire Project as to structural, mechani- Work Is proceeding in accordance with the Contract cal and electrical systems, materials and such o.her essen. Documents. On the basis of his on-site observations .4 tials as may be appropriate. an architect, he shall endeavor to guard the Owner 1.1.5 The Architect shall submit to the Owner a further against defects and deficiencies in the Work of the Co Statement of Probable Construction Cost. tractor. The Architect shall not be required to male exhaustive or cont nueus on-site Inspections to check the CONSTRUCTION DOCUMENTS PHASE quality or quantity of the Work. The Architect shall not 1.1.6 The Architect shall prepare from the approved be responsible for construction means, methods, tech- Design Development Documents, for approval by the niques, sequences or procedures, or for safety precautions Owner, Drawings and Specifications setting forth In and programs in conneL-ion with the W^rk, and he shall detail the requirements for the construction of the entire not be responsible for the Corriractor s failure iv carry out Project including the necessary bidding information, and the Work in accordance with the Contract Documents. shall assist In the preparation of bidding forms, the Con- 1,1,15 Based on such observations at the site and on ditions of the Contract, and the form of Agreement the Contractor's Applications for Payment, the Architect between the Owner and the Contractor, shall determine the amount owing to the Contractor and 1.1.7 The Architect shall advise the Owner of any shall issue Certificates for Payment in such amounts. The adjustments to previous statements of Probable Con- Issuance of a Certificate for Payment shall constitute a struction Cost indicated by changes In requirements or representation by the Architect to the Owner, based on general market conditions. the Architect's observations at the site as provided in Subparagraph 1.1.14 and the data comprising the Appli- 1.1.8 The Architect shall assist the Owner in filing the cation for Payment, ;hat the Wore mss progressed to the required documents for the approval of governmental point indicated; that to the best of the Architect's knowl. authorities having jurisdiction over the Project. edge, information and belief, the quality of the Work Is BIDDING OR NEGOTIATION PHASE in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the 1.1.9 The Architect, following the Owner's approval of Contract Documents upon Substantial Completion, to the the Construction Documents and of thd latest Statement results of any subsequent tests required by the Contract AIA DOCUMENT 1141 • OWNER-ARCHITECT AGREEMENT o JANUARY 1914 EDITION • AIA® 6 01914 THE AMIRICAN tNSTITUTE OF ARCHITECTS, 1733 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 3 Documents, to minor deviations from the Contract Docu• 1.2.4 Through the on-site observations by Full-Time menns correctable prior to completion, and to any specific Project Representatives of the Work in progress, the Ar- qualifications stated in the Certificate for Payment); and chitect shall endeavor to provide further protection for that the Contractor 1. entitled to payment in the amount the Owner against defects in the Work, but the furnish- certified. By Issuing a Cerr;licate for Payment, the Archi• ing of such project representation shall not mak,. the tect shall not be deemed to •epresent that he has made Architect responsible fir construction means, m:ihods, any examination to ascertain Low and for what purpose techniques, sequences or procedures, or for safety pre- the Contractor has used the moneys paid on account of cautions and programs, or for the Contraclor'r failure to the Contract Sum. perform the Work in accordance with the Contract 1.1.16 The Architect shall be, in the first ins'.ance, the Documents. Interpreter of the re u?r-menns of the Contract Docu• 1,3 ADDITIONAL SERVICES ments and the impartial judg,, of the performance there- following Sen ces shall be provided when au- shall by both the owner and Contractor. The Architect The e following writing ce the Owner, and they shall b shall make decisle~ s on all claims of the Owner or Con- tractor relating to the execution and progress of the Work paid for by the Owner as hereinbefore provided. and on all other matters or questions related thereto. 1.3.1 Providing analyses of the Owner's needs, and pro- The Architect's decisions in milers relating to artistic gramming the requirements of the Project. effect shall be final if consistent with the intent of the Contract Documents. 1.3.2 Providing financial feasibility or other special 1.1.17 The Architect shall have authority to reject Work studies. which doe, not conform to the Contract Documents. 1.3.3 Providing planning surveys, site evaluations, envi- Whenever, in his reasonable opinion, he considers it nec- ronmental studies or comparative studies of prospective essary or advisable to insure the proper implementation sites. of the intent of the Contract Documents, he will have 1,3,4 Providing design services relative to future facili- authority to require special inspection or testing of any ties, systems and equipment which are not intended to Wort; in accordance with the provis,ms of the Contract be constructed as part of the Project. Documents whether or not such Work be 'hen fabricated, installed or completed. 1.3.5 Providing services to investigate i.xisling condi- 1.1.18 The Architect shall review and approve shop tions or facilities or to make measured drawings thereof, drawings, samples, and other submissions of the Contrac• or to verify the accuracy of drawings or other informa- tor only for conformance with the design concept of the lion furnished by the Owner, Project and for compliance with the information given 1.3.6 Preparing documents for alternate bids , r out-of. In the Contract Documents. sequence services requesteu by the Owner. 1.1.19 The Architect shall prepare Change Orders. 1.3.7 Providing Detailed Estimates of Construction Cost 1.1.20 The Architect shall conduct inspections to de- or detailed quantity surveys or inventories of material, termine the Dates of Substantial Completion and final equipment and labor. completion, shall receive ;nd review written guarantees 1.3.8 Providing interior design and other services re- and related documents assembled by the Contractor, and qutred for or in connection with the selection of furni- shall issue a final Certificate for Payment. ture and furnist trigs. 1.1.21 The Architect shall not be responsible for the 1.3.9 PrcyAding services for planning tenon or rental acts o• omissions of the Contractor, or any Subcontrac• spaces. tors, or any of the Contractor's or Subcontractors' agents 1,3,10 Making revisions in Drawings, Specifications or or employees, or any other persons performing any of other documents when such revisions are Inconsistent the Work, with written approvals or instructions previously given 1,2 PROJECT REPRESENTATION BEYOND BASIC SERVICES and are due to causes beyond the control of the Archi- 1.2.1 If more extensive representation at the site than tect. Is described under Subparagraphs 1.1.10 through 1.1.21 1.3.11 Preparing supporting data and other services in inclusive is required, and if the Owner and Architect connection with Change Orders if the change in the agree, the Architect shall provide one or more Full-Time Basic Compensation resulting from the adjusted Contract Project Representatives to assist the Architect. Sum is not commensurate with the services required of 1.2.2 Such Full-Time Project Representatives shall be the Architect. selected, employed and directed by the Architect, and the 1.3.12 Making Investigations involving detailed apprais- Architect shall be compensated therefor as mutually als and valuations of existing facilities, and surveys or agreed between the Owner and the Architect as set forth Inventories required In connection with construction In an exhibit appended to this Agreement perfirmed by the Owner. 1.2.3 The duties, responsibilities and limitations of au- 1,3.13 Providing consultation concerning replacement thorny of such Full-Time Project Representatives shall be of any Work damaged by fire or other cause during con- set forth in an exhibit appended to this Agreement. struction, and furnishing professional services of the type AIA DOCUMENT 9111 • OWNfR-ARCHITECT AGREEMENT s JANUARY 1974 EDITION # AIAO • 01971 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 set forth In Paragraph 1.1 as may be required In connec- 2.5 The Owner shall furnish structural, mechanical, tion with the replacement of such Work, chemical and other laboratory tests, Inspections and re- 1,3.14 Providing professional services made necessary ports as required by law or the Contract Documents. . by the default of the Contractor or by major defects in 2.6 The Owner shall furnish such le al, accounting, and the Work of the Contractor in the performance of the insurance counseling services as may be necessary for the Construction Contract. Project, and such auditing services as he may require to 1.3,15 Preparing a set of reproducible record prints of ascertain how or for what purposes the Contractor has drawings showing significant changes in the Work made used the moneys paid to him under the Construction during the construction process, basedaon marked-up Contract. prints, drawings and other data furnished by the Contrac- 2.7 The services, informati,)n, surveys and reports re- tor to the Architect, quired by Paragraphs 2.3 through 2.6 Inclusive shall be 1.3.16 Providing extensive assistance in the utilization furnished at the Owner's expense, and the Architect shall of any equipment or system such as initial start-up or be entitled to rely upon the accuracy and comple;enoxs testing, adjusting and balancing, preparation of operation thereof. and maintenance manuals, training personnel for opera- 2.8 If the Owner becomes aware of any fault or defect tion and maintenance, and consultation during operation. in the Project or non-conformance wiih the Contract 1.3.17 Providing services after issuance to the Owner of Documents, he shall give prompt written notice thereof the final Certificate for Payment. to the Architect. 2.9 1.3.18 Preparing to serve or serving as an expert witness as The Owner shall furnish information required re him in connection with any public hearing, arbitration pro- as expeditiously as necessary for the orderly progress of ceeding or legal proceeding, the Work. 1.3.19 Providing services of professional consultants for ARTICLE 3 other thar. the normal st uctural, mechanical and electri- CONSTRUCTION COST cal engineering services for the Project, 3.1 If the Construction Cost is to be used as the basis 1,3.20 Providing any other services not otherwise in- for determining the Architect's Compensation for Basic eluded in this Agreement or not customarily furnished In Services, it shall be the total cost or estimated cost to accordance with generally accepted architectural practice, the Owner of all Work designed or specified by the ARTICLE 2 Architect. The Construction Cost shall be determined as follows, with precedence in the order listed: THE OWNER'S RESPONSIBILITIES 3.1,1 For completed construction, the cost of all such 2.1 The Owner shall provide full information, including Work, including costs of managing construction; a complete program, regarding his requirements for the 3.1.2 For Work not constructed, (1) the lowest bona fide Project, bid received from a qualified bidder for any or all of such 2.2 The Owner shall designate, when necessary, a rep- Work, or (2) if the Work is not bid, the bona fide nego- resentative authorized to act In his behalf with respect to tiated proposal submitted for any or all of such Work; or the Project. The Owner shall examine documents sub- 3.1.3 For Work for which no such bid or proposal is mitted by the Architect and shall render decisions per- received, (1) the latest Detailed Estimate of Construction Raining thereto prompt)y, to avoid unreasonable delay in Cost if one is available, or (21 the latest Statement of the progress of the Architect's services. Probable Construction Cost. 2.3 The Owner shall furnish a certified land survey of 3.2 Construction Cost does not Include the compensa- the site givi.ig, as applicable, grades and lines of streets, tion of the Architect and his consultants, the cost of the alleys, pavements and adjoining property; rights-of-way, land, rights-of-way, or other costs which are the responsi- restrictions, easements, encroachments, zoning, d:ed re- bility of the Owner as provided in Paragraphs 2.3 through strictions, boundaries and contours of the site; locations, 7.6 inclusive, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full infor- 3.3 The cost of labor, matcrlals and equ;r nent furnished mation concerning available service and utility lines both by the Owner for the Project shalt be i eluded In the public and private, above and below grade, including Construction Cost at current market rates including a inverts and depths, reasonable allowance for overhead and profit. 2,4 The Owner shall furnish the services of a soils engi- 3,4 Statements of Probable Construction Cost and De- neer or other consultant when such services are deemed tailed Cost Estimates prepared by the Architect represent necessary by the Architect, Including reports, test borings, his best judgment as a design professional familiar with lest pits, soil bearing values, percolation tests, air and the construct on industry. It Is recognized, however, that water pollution tests, ground corrosion and resistivity neither the Architect nor the owner has any control over tests and other necessary operations for determining sub- the cost of labor, materials or equipment, over the con- soil, air and water conditions, with appropriate profes- tractors' methods of determining bid prices, or over com- sional recommendations. petitive bidding or market conditions. Accordingly, the AIA DOCUMENT 1111 r OWNER•ARCHITECT'AGREEMENT s JANUARY 1911 EDITION , ALAS • 01971 THE AMERICAN INSTITUTE OF ARCHITECTS, 1719 NEW YORK AVE., N.W„ WASHINGTON, D. C. 20006 5 Architect cannot and does not guarantee that bids will ees, or his professional consultants in the interest of the not vary from any Statement of Probable Construction Project for the expenses listed in the following Subpara- Cost or other cost estimate prepared by him. graphs: 3.5 When a fixed limit of Construction Cost is eslab- 5.1.1 Expense of transportation and living when travel- lished as a condition of this Agreement, it shall be in ing in connection with the Project; long distance calls writing signed by the parties and shall Include a bidding and telegrams: and fees paid for searing approval of contingency of ten percent unless another amount is authorities having jurisdiction over the Projecl. agreed upon In writing, When such a fixed limit Is estab- lished, the Architect shall be permitted determine what of Drawings and Specifir.ations excluding duplicate sets materials, equipment, component systems and types of at the completion of each Phase for the Owner's review construction are to be included in Ih•: Contract Docu- and approval. ments, and to make reasonable adjustment, in the scope of the Project to bring it within the fixed limit. The archi- 5.1.3 If authoriz,.A in advance by the Owner, expen Sett may also include in the Contract Documents alter- of overtime work requiring higher than regular rates an~ nate bids to adjust the Construction Cost to the fixed ex,.ense of rereerings or models for the Owner's use. limit. 5.1.4 Expense or computer time for professional services 3.5.1 If the Bidding or Negotiating Phase has not com- when included in Paragraph IL mented within six months after the Architect submits the Construction Documents to the Owner, any fixed limit 5.1.5 Expense of cornjuter time when used in connec- of Construction Cost established as a condition of this tion with Additional Services. Agreement shall be adjusted to reflect ant- change in the ARTICLE 6 general level of prices which may have occurred in the construction industry for the area in which the Project is PAYMENTS TO THE ARCHITECT located. The adjustment shall refect changes between the date of submission of the Construction Documents 6.1 Payments on account of the Architect's Basic Serv- . to the owner and the date on which proposals at,.- ices shall be made as follows: sought. 6.1.1 An initial payment as set forth in Paragraph lI is 3,S.2 When a fixed limit of Construction Cost, Including the minimum payment under this Agreement. the Bidding contingency (adjusted as provided In Sub- 6.1.2 Subsequent payments for Basic Services shall be paragraph 3.5.1, if applicable), is established as a cones- made monthly in proportion to services performed so lion of this Agreement and is exceeded by the lowest that the compensation at the completion of each Phase, bona ode bid or negotiated proposal, the Detailed e except when the compensation is on the basis of a Mul- mate Construction Construction Cost the Statement of Probiblble tiple of Direct Personnel Expense, shall equal the follow- proval of of an nose, increase the in Owner such fixed shall 1 limit, (2) give authuwrittenrtze r ree- - ing percentage-, of the total Basic Compensation. roya a, bidding the Project within a reasonable time, or (3) co- Schematic Design Pttase 15%u operate In revising the Project scope and quality as re- Design Development Phase 35% quired to reduce the Probable Construction Cost. In the Cons!ruction Documents Phase 75% case of (3) the Architect, without additional cl'+arge, shall Bidding or Negotiation Phase 50% modify the Drawings and Specifications as necessary to Construction Phase 100% bring the Construction Cost within the fixed limit. The providing of such service shall be the limit of the Archl- 6.1.3 If the Contract Time initially established in the tect's responsibility In this regard, and having dooe so, Construction Contract is exceeded by more than thirty the Architect shall be entitled to compensation In accord- days through no fault of the Architect, compensation for ante with this Agreement. Basic Services performed by Principals, employees and professional consultants required to complete t, a Ad- ARTICLE 4 ministration of the Construction Contract brepond the DIRECT PERSONNEL EXPENSE thirtieth day shall be computed as set forth in Para- graph It for Additional Services. Direct Personnel Expense is defined as the salaries of 6.2 Payments for Additional Services of she Architect as on the professional, Project le by the and clerical employees engaged defined in Paragraph 1.1, and for Reimbursable Expenses th u the Architect, and the cost of their as defined In Article 5, shall be made montyy upon em- ployeebenefis, insure ce,sick leave, holidays, tvacatio s, presentation of the Architect's statement of services fen- m t pensions and similar benefits. dered. ARTICLE S 6.3 No deductions shall be made from the Architect's compensation on account of penalty, liquidated dam- REIMBURSABLE EXPENSES ages, or other sums withheld from payments to con- 5.1 Reimbursable Expenses are In ad, ition to the Com• tractors. pensation for Basic and Additional' :cervices and include 6.4 If the Project Is suspended for more than three actual expenditures made by th c Architect, his employ- months or abandoned in whole or in part, the Architect AIA DOCUMENT 6141 • O'NNtR-ARCHITECT AGREEMENT s JANUARY 1974 EDITION • AIA® m 01974 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1731 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 shall be paid f,is compensation for services performed the other party to this Agreement and to the partners, prior to receipt of written notice from the Owner of such successors, assigns and irgal representatives of such other suspension or abandonment, to, -ther with Reimbursable party with respect to all covenants of this Agreement. Expenses then due and all termination expenses as de- Neither the Owner nor the Architect shall assign, sublet fined in Paragraph 8.3 resulting from such suspension or or transfer his interest in this Agreement without the abandonment. If the Project is resumed after being sus- written consent of the other, pended for more than three months, the Architect's compensation shall be subject to renegotiation. ARTICLE 11 63 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty ARBITRATION days after tine date of billing. 11,1 All claims, disputes and other matters in question ARTICLE 7 between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall be ARCHITECT'S ACCOUNTING RECORDS decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- Records of Reimbursable Expenses and expenses pertain- tion Association then obtaining unless the parties mutually ing to Additional Services on the Project and for services agree otherwise. No arbitration, arising out of, or relating c performed on the basis of a Multiple of Direct Personnel to this Agreement, shall include, by consolidation, joinder Expense shall be kept on a generally recognized account- or in any other manner, any additional party not a party ing basis and shall be available to the Owner or his to this Agreement except by written consent containing a authorized representative at mutually convenient times. specific reference to this Agreement and signed by all the parties hereto. Any consent to arbitration involving an ARTICLE 8 additional party or parties shall not constitute consent to TERMINATION OF AGREEMENT arbitration of any dispute not described therein or with any party not named or described therein. This Agreement 8.1 This Agreement may be terminated by either party to arbitrate and any agreement to arbitrate with an addi- upon seven days' written notice should the other party tlonal party or parties duly consented to by the parties fail substantially to perform in accordance with its terms hereto shall be specifically enforceable under the pre- through no fault of the party initiating the termination. vailing arbitration law. &I In the event of termination due to the fault of par- 11.2 Notice of the demand for arbitration shall be filed ties other than the Architect, the Architect shall be paid in writing with the other party to this Agreement and his compensation for services performed to termination with the American Arbitration Association. The demand date, including Reimbursable Expenses then due and all shall be made within a reasonable time after the claim, termination expenses, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the 8.3 Termination Expenses are defined as Reimbursable date when Institution of legal or equitable proceedings Expenses directly attributable to termination, plus an based on such claim, dispute or other matter in question amount computed as a percentage of the total compen- would be barred by the applicable statute of limitations. sation earned to the time of termination, as follows: 20 percent if termination occurs during the Schematic 11.3 The award rendered by the arbitrators shall be fi- Design Phase; or nal, and judgment may be entered upon it in accordance 10 percent if termination occurs during the Design De- with applicable law in any court having jurisdiction velopmAt Phase; or thereof. 5 percent if termination occurs during any subse- quent phase. ARTICLE 12 ARTICLE 9 EXTENT OF AGREEMENT OWNERSHIP OF DOCUMENTS This Agreement represents the entire and integrated Drawings and Specifications as instruments of service are agreement between the Owner and the Architect and and shall remain the property of the Architect whether supersedes all prior negotiations, representations or the Project for which they are made is executed or not. agreements, either written or oral. This Agreement may be amended only by written instrument signed by both They are not to be used by the Owner on other projects Owner extensions to this Project except by agreement in writ- and Architect. ing and with appropriate compensation to the Architect. ARTICLE 13 ARTICLE 10 GOVERNING LAW SUCCESSORS AND ASSIGNS Unless otherwise specified, this Agreement shall be gov- The Owner and the Architect each binds himself, his erned by the jaw of the principal place of business of the partners, successors, assigns and legal representatives to Architect. . AIA DOCUMENT 1111 a OWNER-ARCHITECT AGREEMENT • JANUARY 1971 EDITION • AIA® a 01971 THE AMERICAN INSTITUTE Or ARCHITECTS, 1715 NEW YORK AVE„ N.W., WASHINGTON, D. C. 2,1ft 7 I ARTICLE 14 OTHER CONDITIONS OR SERVICES Mote 1: (refer to Paragraph IIA of page 2) Compensation for services rendered for the remodeling of the existing Community Center shall be calculated as nine percent (9.0%) of the construction cost of the remodeling portion of the work. This Agreement executed the day and year first written above. OWNER THE CITY OF DENTON OF ARCHI CT HATFIE D - At COMB, INC. DENTON COUNTY. TEXAS OA 110 , T ISHES , JR., A.I.A. ELIN R HU H Mayor Attest: roos of City Secretary AIA DOCUMENT 1141 • OWNER-ARCHITECT AGkEEMENT • JANUARY 1974 EDITION AIAt1 • 01974 a THE AMERIU.N INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVE., N.W., WASHINGTON, 0. C. 70006 CRlYI: ~6 6 1 RESOLUTION BE IT RESOLVED: That the Board of Regents ;f North Texas State University hereby author- izes C. C. Nolen, President of North Texas State University, to Convey to the City of Denton, Texas for the use and benefit of the public, for a public street, the following real property situated in the City of Denton, County of Denton, State of Texas, to wit: All that certain lot, tract or parcel of land lying and being situated in the City and Co_nty of Denton, State of Texas, and being part of the E. Puchalski survey, Abst. No. 996, and being part of a tract of land as con••e;ed from J. C. Chilton to the City of Denton, Texas by deed dated Nov. 18, 1893 and recorded in the Deed Records of Denton County, Texas and more particularly described as follows: Beginning at the northeast corner of said tract, said point of begin- ning being the intersection of the west right-of-way line of Avenue A and south right-of-way line of Hickory Street; Thence south, along the west right-of-way line of Avenue A, a distance of 70.0 feet to a point for a corner; Thence northwest a distance of 86.02 faet to a point for a corner in the south right-of-way line of Hickory Street; Thence east, along the south right-of-way line of Hickory Street, a distance of 50.0 feet to the place of beginning and containing 1750.0 sq•iare feet of land, more or less. RESOLVED FURTHER that C. C. Nolen, President be and is hereby authorized to execute any and all instruments necessary to convey such property. DATE: June 3, 3976 _ BOARD OF REGENTS NORTH TEXAS STATE UNIVERSITY i By:~ r Chairman Attest: Secret ou '791 PacE 39`7, t CERTIFICATE 6 VOL 791 WE 398 I,_____ Roy K. Busby Secretary of the Board of Regents of North Texas State University, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly passed by the Board of Regents of said University at a regular meeting held on the _ 3r9. day of June, 1976. Secretarf SUBSCRIBED AN) SWORN TO BEFORE ME, the undersigned authority, on this the 3rd. day of June, L976. NOTARY PUBLIC n and for Denton County, Texas n ; My Commission Expires: 6-1-77 0. ' ACKNOWLEDCEMENT STATE OF TEXAS ~ COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County and State, on this day perstnaily appeared C. C. Nolen, President of North Texas State University, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 3rd. day of June, 1976. NOTARY PUBLIC in and for 4 Denton County, Texas My Commission Expires: 6-1-77 4r QF pU`~ OF 17E~~ $w0. E R SExJ! i°uf MUNr( CLERK Demon Ceo°b. hereby cotV, that 01, Instrument and w'ee a b 9°4 'eon by ' eecor0l date end time etem a of the named Corded to the wCA"mo ndl9 a d woon by rm. of DerdonCOUntY. ley's • ti9Z6 jug 2s w°'~re ' i ~ ~4 O •'04 ~j C.ERK. Denton Counb. Texts COUNTY 1 j ~f~ 1 IVOl I,J.1 , PACE 396 Denton on TEXAS, 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY T IE of STATE J Ctfp RECORDS 1.1455 That The State of Texas, by and through the Board of Regents of North Texas State University, ctX)WC : WyXf XMIKStg INk , for and In consideration of the sum of I ------------------------------ONE DOLLAR ($1.00) DOLLARS, and othe ood yd valuable consideration to it n and pa by the City of Denton, Texas of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said the City of Denton, Texas, its successors II 1KkIt i4Xja and assigns, all its right title and interest in and to that certain tract or par. IEI ceI of land lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain lot, tract or parcel of land lying and being situated in the Cityy and County of Denton, State of Texas, and being part of the E. Puchalski survey, Abst, No. 996, and being part of a tract of land as conveyed from J. C. Chilton to the City of Denton, Texas by deed dated Nov. 18, 1893 and recorded in Volume Page of the Deed Records of Denton County, Texas and more particular.l-v~ce- scribed as follows: Beginning at the northeast corner of said tract, sal.d point of beginn- ing being the intersection of the west right-of-way lane of Avenue A and south right-of-way line of Hickory Street; Thence south, along the west right-of-way line of Avenue 9, a distance of 70.0 feet to a point for a corner; Thence northwest a distarce of 86.02 feet to a point for a corner in the south right-of-way line of Hickory Street; Thence east, along the south right-of-way line of Hickory Street, a distance of 50.0 feet to the place of beginning and containing 1750.0 square feet of land, more or less. For street improvement {urposes. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi• leges and appurtenances thereto in any manner belonging unto the said City of Denton, its successors bins and assigns, forever, so, that neither the said North Texas State University, its 'successors XW L16W nor any person or permAs claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there of. WM'NESS hand at Denton, Texas this 3rd. day of June A. D. 19 76 Wltnwes at Request of Grantor: North Texas State University y,4 - 3ecre by:C. C. Nolen, Pre dent , SINGLE ACKNOWLEDG51ENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Tex,.1 on thL day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. ID- (L . S.) Notary Public, County, Texas My Commission Exphcn June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 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_._ CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.. Denton in and for said County, Texas, on this day personally appeared.-..__C. C. Nolen i _Y._.-._....._......_ known to me to be the person and officer wls ,~iltfirre is subscribed to the ~ztoregoln instrumen and a knowledged to me that the same was the act of the sc d 1 : d, . North Texas tats Un1vers~ty - sy poratjoq, and that he executed the same as the act of such corporation for the purposes and consideration therein expeesed, iq4 In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, TAie. _raof.. une , A.D. 13 '•,,,y~ „ Notary Public, .__._Denton County, Texas y 0f h+:''' J My Commission Expires June 1, 19_77 CLERK'S CERTIFICATE THE STATE OF TEXAS, County COUNTY OF.... Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the day of . A. D. 19 , with its Certificate of Authentication, was filed for record to my office on the. day of , A. D. 19. , at o'clock M., and duly recorded this day of A. D. 19.._....., at_ .o'clock M., in the RecorJa of maid County, in Volume....,.....,. , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of Bald County, at office in the day and year last nbove written. County Clerk._....-._ County, Texas. (L, S.) By _ Deputy. ! a M 0 S A 111 0&111 @ 0 0 Hi a1 20I 6 ;(IV 2q2 k,~P gr 44 V m w~ I r x ro of i i REV 2D fl L I I -17 Are 39 DEED RECORW 286 THE STATE OF TEXAS +Y~E 79 vat COUNTY OF DENTON ~ KNOW ALL MEN BY THESE PRESENTS: SE THAT FT. WORTH SAVINGS 6 IRAN ASSOCIATION 11S52 of Tarrant County, Texas , In consideration of the sum of one Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas raceipt 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 it . Situated in Benton County, Texas, In the R. Beaumont Survey, Abstract No. 31 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 Robert Beaumont Survey, Abstract No. 31, and being part of Lot No. 3, Block 6 of t%e D. H. Fry Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from David S. Gibson and wife, Shirley R. Gibson to Ft. Worth Savings and Loan Association by deed dated April 4, 1974 and recorded in Volume 703, Page 937 of the Deed Record of Denton County, Texas, and more particularly described as follows: BE- GINNING at the southwest corner of said tract, said point of beginning bein the intersection of the north right of way line of U.S. Highway 380 with the east right of way line of Carroll Boulevard; THENCE north 1° 09, west along the east right of way line of Carroll Boulevard, same being the west boundary line of said tract, a distance of 10 feet to a point for a corner; THENCE easterly 10 feet north of and parallel to the north right of way lin of U. S. Highway 380, same being the south boundary line of said tract, a distance of 105.8 feet, more or less, to a point for a corner in the east boundary line of said tract; THENCE south along the east boundary line of said tract a distance of 10 feet to a point for a corner in the north right of way line of U. S. Highway 380, same being the south boundary line of said tract; THENCE westerly with the north right of way line of U. S. Highway 380, same being the south boundary line of said tract a distance of 105.80 feet to the place of beginning and containing 11058.00 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, 0 buildings and other obstru,11ons 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 sold 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 said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand , this the ZVvdday of rN0e , A. D. 1976 . FT. WORTH SA IRAN ASSOC. - Hfirvie R. Joni son SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, t COUNTY OF DENTON-- BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared _...Ft.--__Worth _Savings 5Loan._..Association..._-.-_._.__...._ - f 'car - of. known to me to be the person & whose name ._is subscribed to the foregoing instrument, and acknowledged to me that. - he executed the same for the purposes and consideration therein expressed. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This._------ day of.... A.D. 1976.. Notary Public, eMb0n___._--___---County, Texas My Commission Expires June 1, 197?__ SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF__.._._ in and for said County, Texas, on this day personally appeared known to me to be the person ..-whose name . subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expres.ed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ____..___.daq A.D. 19 ( L.S.! Notary Public, County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF. Tarrant. - - In and for said County, Texas, on this day personally appeared Jamison . known to n.e to be the person and officer whose qam~ !a subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Fort_V6r.th...Savings ...A...Loon . Association..... . a corporation, and that he executed the some as the act of such corporation for the purposes and consideration therein expreased syn In the capacity therein stated. ER MY HAND AND SEAL, OF OFFICE, Thl ...22_..... day of June,-...___, A.D. 19 .76 (L.3.) 11rlLS'L.~1 ~1fu.-------__.._.._._. Notary Public, Tarrant-- --County, Texas d My Commission Expires June 1, 197.7_ CLERK'S CERTIFICATE 11y S TtiOF TEXAS, n I, . s~1 ~s3. oo WA , county COUN`FY~DRES......a Gou ssflo6dp iN Clerk of the County Court of said County, do hereby certify tF0 s6>, le'lia py~ifA9~~rplasa ldeted on the _ day of................................................................, A. D. 19........ , 't !@~04191 tM'' n, was ftled for record In my office on the ...................day of...................... 1 tat^.Pfaorcllock'... RIP and duly ~,Ar) l O}$M . recorded this . day of................................................................... ,at lock _ M., in the - Records of eaidsCbLntY, in V~1yl~e............. on gs WITNESS MY HAND AND SEAL OF THE COUNTY COURT of meld County, at office In- . _ , the day and year last a tert/'Yl ti (e~ a County Cie .....f3` .................County, Texas. ea pa (L 3.I B f , Di puty. PIP e patJ3i0 00OFA rt s I , ~g gg ' P 1 t Ud' S` HQP ql . °d _ ~u Iti~f A,i g u P4 kx~ ~ I ~ ~ F7 E ~ i ~ M V a NO. 7~-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 69-1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMEND- ING CERTAIN ARTICLES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Zoning Ordinance (Ordinance No. 69-1) of the Code of Ordinances of the City of Denton, Texas, is hereby amended and changed in the following particulars: (1) Article 78 (Zoning District Table) is hereby amended to delete the classification for "Trailer, Modular House or Mobile Home as a Fixed Dwelling". (2) Article 7C (Zoning District Table) is hereby amended to allow for a "Day Nursery or Kindergarten School" by specific use permit in an SF-16 one-family dwelling district. (3) Article 7G (Zoning District Table) is hereby amended to delete the classification for "Commercial Auto Parking Lot". (4) Article 12A (14) "Kindergarten or Nursery" is hereby deleted and amended by adding a new (14) which shall hereafter read as follows: "(14) Kindergarten or Nursery - An establishment where more than six (6) children are housed for care or training during the day or portion thereof." (6) Article 12A be amended to add a new definition (61) which shall hereafter read as follows: 11(61) Licensed Private Club - A private club, licensed by the State of Texas, which sells or serves beverages to the membership in accord with State regulation." (6) Article 22D is hereby deleted and amended by adding a new Article 22D which shaJ1 hereafter read as follows: "D, No nonconforming use may be expanded or increased on the lot or tract upon which the nonconforming use is located or on an adjoining lot or tract as of the effective date of this ordinance except to provide off-street parking or off-street loadini space upon approval of the Board of Adjustment, PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstancgs 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, hereby declares it would have enacted such remaining portions despite any such invalidity. PART III. 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 this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the 15th day of June, A. D. 1976. EL'INbRUGHL' , - MATUR CITY OF DENTON, TEXAS ATTESI- HOLT, CITY SECRETARY 4~~l t' ~ ITY OF F DENTON, TEXAS APPROVED AS TO LEGAL FORM: a_.. CITY OF DENTON, TEXAS r ~ d~ P I I ~ I i - ' ~ I ~ 4~°. , f ~ r w , ! r II ~ yy L .V' } L _ ' J r. ~ r \ ~ 'a~ 1~ NI r jIj!~. Y~ .I ~ 1 1 , 4 ~t.\ i } ~ - n a I ] ~ 1, L 1. y ~ .'.1 l ! t ~ ~ ! T~ ~ ~ I`` 1 ~~o ; f+ si; x _ _ ~~~1! `i ~B t~N'3 f t ~ ~~S' v 't'.~ ~F 1 ~j, tV ~ ~ ~ t k q ~ x ~ ~ ~ t ~ V d , . ~ ~ r R,, 4n~ Y i . a ~ " ~ ~ i `MK s''.. I Yi ),F I'r :~z. IF t~"9 1 k~: 3 r .,r City If Peliti7Z • Ahnicipal 104ron, )ente4Texis 76211 June i, 1976 dffinr of the A*#r Mr. Paul Cunningham Texas Power Pool Inc. 7111 Bosque Blvd. Waco, Texas 76710 Dear Paul: 1 invited the Council to submit their questions concerning the Power Pool in advance so that you could see the broad areas that concern us. The questions seem to cluster around five (5) broad areas: (1) Past histor : the consideration of alternate plans a, y is ownership an participation in the ower Pool better for Denton than possibly selling power system and contracting for services with private power supplier? . Does a municipally owned and serviced power plant give our residential and industrial customers the service they should enjoy? How can we compete with the service and buying power and operation and full time, big time power generating operatives or the next century? (Ivey) b, What are all of the alternates considered, who considered them, and in what detail? (Nash) c, What are the specific benefits for Denton in belonging to the pool and what are the disadvantages to Denton? (Stephens) d, Has T.P. and L. (or others) been approached to see whether they would purchase our generating Capacity as well as our distribution system? What would be the effect of the sate on revenues to the 'City of Denton (How well would taxes from a private company offset loss of transfers to the general fund? Are there other factors operating here?) (Hughes) (2) Feasibility of our li mite o eration a, Power oogn to as not been actually tested in a generating plant situation. How do we know it will burn and meet projected B.T.U. estimates? (Ivey) b. Is there a plant in operation which uses scrubbers to remove sulphur? Salt? What disposal will be made of the waste? If surface water supply is not available, is a well supply adequate for this plant? (Nash) y Page 2 c. To what degree is it possible to duplicate engineering from another plant and to what degree will our plant be unique (and therefore possibly subject to more "bugs"): (Hughes) (3) Load projections and effect on existing plants a. On what data were decisions on needed load capacity made (projected percentages of growth in population and per capita consumption)? (Hughes) b. How will the power pool be able to meet future growth? What will be the load factor of Denton's electric plant after the tie to the lignite plant and current load factor? at is the regular operational cost of system operation at Denton plant and what will be the increased cost due to peaking operation, after the tie to the lignite plant? ' (Nash and Stephens) The 400 megawatt plant amounts to less than one third of the total capacity of the pool (1,375 megawatts). This appears to be a case of too little along with too late. If the atomic plant is acquired, this leaves us with just about half of our capacity. With fuel going to $3,00/1000 cf, where is the economy in runnin the existing plants? We were t` oTa-- t at t e lignite plant would run at rated capacity--the V.P. of Brazos spoke of a 50% load factor. Which is correct? (Nash) (4) Financial effects on annual bud et and future bond sales a. What will be the ota pro ect cost and w at wi 1 Denton's share bet (Stephens and Nash) b. How much will all participation in the Power Pool require during the next fiscal year? (Stephens and Hughes ) c. What would the penalty be for withdrawal at a future time? If.the system fails, what is our liability? (Stephens) d. What effect will encumbrances incurred by sale of bonds for the power pool have on Denton's ability to sell bonds for other at-home projects? (Ivey, Nash, Hughes) What is projected revenue in relation to bond debt service by the Power Pool? (Ivey) e. Future projects of the Power Pool: How will participation in future projects such as Comanche Peak further effect our ability to sell bonds? (Ivey) Will we not need to provide front-end money for a second'project before we can begin to get revenue from the first Bryan lignite)? How great is our total debt likely to become--at worst-- before the lignite plant begins to bring in revenue? How much will we have paid in interest during the period we are escrowing the interest payments? (Hughes) (5) General contractual miscellaneous questions a. w real stic are the t rie constraints? We have spent $10,000,000 and still have no answers upon which to base a responsible decision. (Nash) Page 3 b. Will the Denton City Council surrender rate setting to the TMPA Board? (Stephens) c. Why is there not a feasibility study or preliminary engineering report available to the Council? Why is there no general consultant on the project? (Nash) d. What are all the implications--financial and otherwise-- of Brazos failure to take 40% of the Bryan lignite project at this time? (Hughes) Councilman Mitchell was out-of-town and therefore could not submit his questions by Monday. He may wish to add some questions later. If I can clarify these questions in any way, please do not hesitate to call me (office: 817-788-2656; and home: 817-387-2867). We look forward to meeting with you on Wednesday. Sincerely, Elinor Hughes Mayor EH:cd ELINOR HUGHES 1. To what degree is it possible to duplicate engineering from another plant, using the same quality lignite? To what degree will our plant be unique? Big Brown has had many problems. Are we likely to have more because our lignite is of poorer quality. Realistically, how much could this alone delay the plant's beginning operation. 2. Is there a study of needed load capacity for Uenton and other cities? Is this based on increase in per capita consumption as well as increase in population? 3. How was the decision made to go to lignite rather than to some other alternative? How seriously did we consider getting out of the power business? 4. What will P/P operations cost ';p in fiscal year '76-'77? How will our future bond sales be affected by the Pool's Indebtedness?' Isn't it likely that it will operate as one of those subtle factors thit influences the interest rate on bonds? 6. Before the Bryan lignite plant goes on line, we'll need to finance one or more other projects with front-end money. What exactly-at worst will be our tax structure plus utility bill rates before lignite use begins to reduce utility bills? 6.1 what will Brazos do in regard to buying power from Bryan Lignite? Are they any longer a useful ally in the Pool? BILL NASH 1. Load factor of Denton's Electric Plant after tie to lignite plant, and current load factor. 2. Fuel to be used in Dentcn plant at that time? Quantity and cost? 3. Regular operational cost of system operation and maintenance and increased cost due to peaking operation, after tie to.lignite plant. 4. What effect will encumberances in power/pool have on Denton's ability to finance additional needed projects. 5. What will be the cost to Denton if the shovel is lost due to a cave-in or storm damage? 6. Now will the power pool be able to meet future growth? 7. How realistic are time constraints? I am concerned that we have spent $10,000,000 and still have no answers upon which a responsible council can base a decision. 8. Is there a plant in operation }rhich uses scrubbers to remove sulphur? Salt? What disposal will be made of the waste? 9. If surface water supply is not available is a well supply adequate for this plant? 10. What are the range cost figures for the total system and what are the range figures for Denton's part? (Let's not just talk about components or make vague references to different cost for different year:,.) 1~ .1 BILL NASH (continued) 11. 1 find it hard to believe that there is not a general consultant on the project, that the council has not-been furnished with a feasibility study or a preliminary engineering report, and that we are expected to commit our people to this very expensive project without either of these. Is this wise? 12. 1 understand that local clubs--Lions, etc.--were told that failure of the power pool would have ^o effect on Denton's credit or ability to sell bonds. This appears to be a gross missrepresentation of the facts. Luring the initial stages of this project, the public has been kept almost totally in the dark or misinformed as detailed above. Is this true? 13. What are all of the alternates considered, who considered them and in what detail? (This information should be included in teh preliminary engineering report.) 14. Isn't the single plant, single shovel concept an extremely dangerous plan considering the cost to various communities should one of these malfunction for any reason? Furthermore, the 400 megawatt plant amounts to less than one third of the total capacity of the pool (11375 Megawatts). This appears to be a case of too little along with too late. If tha.dtomic plant is acquired this leaves us with just about half of our capacity. With fuel going to 3.00/1000 cf where is the economy in running the existing plants? 15. We were told that the lignite plant would rvn at rated capacity--the YIP. of Brazos'spoke of a 50% load factor. This is typical of the different Answers we are getting to the same question. Is there a correct answer-- who has it and how can it b3 distinguishxd from the incorrect answers, BILL NASH (continued) Observations: 1. This is a major, expensive project and will have a direct financial effect on tha lives of thousands of people. The energy crises are real; however it is possible to over-react to these crises. (I believe this occured when we rushed into the Pitts gas contract.) From the standpoint of planning, several mistakes have been made. We do riot have a water supply. We do not have adequate cost information and time and maiey to acquire this information has run out, so we are told. 2. Planning and construction schedules are very short by comparison to other projects of this size. Thus it may be expe;ted that the actual completion date will be considerably past the planned completion date. 3. It would be poor planning to use an underground water supply for this plant. 4, Answers to these questions should be made by a responsible, independent consultan+, 5. I am concerned that Brazos expects about 43% of the project by has only assumed 3% responsibiljty for the "front" money. 6. I believe that we will bt asked to shut down our existing plants after construction of additional facilities at Bryan, It appears AEN IVEY 1. Why is ownership and participation in power pool better for Denton than possibly selling power system and constructing services with a private power supplier? BEN IVEY (continued) 2. On bond sales by power pool: a. What is our liability and total debt of pool? b. Power supply cost relation to our bond debt liability? c. At 30 year bond term @ projected interest of 7$ to 73/4% we are issueing up front a blank check for bond service debt; what does this do to our ability locally to issue furthur bonds for our at home projects? 3. What is projected revenue'in relation to bond debt service by power pool? What is built in as margin of profit and/or emergency fund banking? 4. New or furthur projects of P/P such as participation in Comnanche Pene Nucler--same indebtedness question relating to our local future funding abilities. 5. P/P lignite has not been actually tested in the generating plant situation. N,;,4 do we know the stuff will burn and meet projected B.T.U. (wh-.tever) estimates including what power would cost? 6. Why does the staff and councils of four cities think it is smart to take this road that is a tremendous specialty business situation in this day. Also, I am unsure our municipally owned and serviced power plant is giving our customers the service they should enjoy plus the service that should be given to local industry and service to new industry that might come here, if we don't turn them off by the way we do business. 7, True of False The P/P is small in relation to D.P.L.--T.P,L.--even Brazos, Now can we compete (even though it is among ourselves) with the service and buying power and operation and.full time, long time power generating operatives S BEN IVEY (continued) for the next century. There is only one City of Denton, if we have a failure in this type venture we have no back up, so ARE WE AS SMART AND STRONG AS THEY ARE? RAY STEPHENS 1. Hov, much must be approved next budget year? 2. What do you think the total payments will cost? 3. What will be the penalty for withdrawel a future time. 4. What is your point of view as to specific benefits for Denton belonging to pool and what are the disadvantages to Denton? 5. What do you think are alternatives sources of Power for Denton? 6. What do you think will happen to our generating plants in the future if we join the pool. 7. Will the Denton City Council surrender rate setting to the TMPA Board. 8. What if the system fails? What about our 'ability and would we have to pay more and more. q (I) PAST HISTORY: THE CONSIDERATION OF ALTERNATE PLANS (I)a(I) WHY IS OWNERSHIP AND PARTICIPATION IN THE POWER POOL BETTER FOR DENTON THAN POSSIBLY SELLING POWER SYSTEM +'NO CONTRACT- ING FOR SERVICES WITH PRIVATE POWER SUPPLIER? Except for very recent times, locally and nationally, public power has been less expensive than private power for the following reasons: a. Lower financing costs The additional annual costs for TP&L to finance the Bryan Lignite Plant would amount to about $30-$35 million. b. No taxes TP&L pays taxes; we do not. c. Revenue source Most municipal electric utilities contribute far more to the City's general operations than can be obtained from taxes or a comparable private utility. d. Right of self-determination We have consumer control at the local level which can be more responsive to the citizens' needs. e. Reliability We have helped TP&L more often than they have helped us. f. Strength in Unity Together we have the size and diversity that allows us to provide reliable power at a reasonable cost. (t)a(2) DOES A N DUSTRIALSERV~ICED S POW TEHR PLANT GIVE OUR ENJOY? Depending on the local staff, you should get more personalized service from your own utility organizations. Traditionally, public power has provided gcod service. (1) PAST HISTORY: THE CONSIDERATION OF ALTERNATE PLANS--Page 2 (1)a(3) HOW CAN WE COMPETE WITH THE SERVICE AND BUYING POWER AND OPERATION AND FULL TIME, BT-G-7T Y POWETcEA TG OPERA- TIVES FOR THE NEXT CENTURY? (Ivey) Together, we are a medium-sized utility that is well able to compete with others. Six major Texas utilities are • larger and three are smaller than we are. We do not have the ve,•y large staff and high overhead of most big utilities, yet we have been able to successfully match our expertise with theirs. They respect us. (1)b(1) WHAT ARE ALL OF THE ALTERNATES CONSIDERED? Alternates considered included: (a) Water supply Both surface and ground water sources over the eastern half of the state. (b) Transportation Railroad (antra and interstate) and truck. (c) Fuels Evaluates availability and cost of oil, gas, lignite, coal, nuclear, hydroelectric. (d) Generation facilities base load, swing and peaking units. (e) Plant Sites Entire service area was considered, (f) Transmission Plans varying from independence through interdependence to dependence. (g) Financing Indepengent to a full cooperative effort. (h) Organizational Limited consulting to full utility. (1) PAST HISTORY: THE CONSIDERATION OF ALTERNATE PLANS--Page 3 (1)b(2) WHO CONSIDERED THEM? Persons or organizations considering alternatives included: (a) Technical, Financial, Legal and Management repre- sentatives from all five members; all Pool staff members; R. W. Beck and Associates (Long Range Plan); C. Philip Wagner (fuels); Paul Weir Company (fuels); Bob Grote (fuels); Forrest and Cotton (water and transportation); TERA (master planning, site selection and environmental); J. R. Lundberg and Associates (system operation and eccnomic dispatch), First Southwest Company (financial); Kuhn, Loeb and Company (financial); Smith, Barney and Company (financial); Underwood, Neuhaus and Company (financial); Dumas, Huguenin, Boothman and Morrow (legal); Mudge, Rose, Guthrie and Alexander (legal); Naman, Howell, Smith and Chase (legal); Hutchison and Price (legal); Lifson, Wilson, Fergusoi, and Winick (management); Main, LaFrentz (accounting), Peat, Marwick, Mitchell and Qmpany (accounting and auditing). (1)b(3) IN WHAT DETAIL? (Nash) See all the reports for a samp'te of the massive and extensive detail of the studies. (1)c WHAT PBc.NEFITSDISADVANFOR Possible Advantages of a Power Pool (1) Economy of scale one big unit is cheaper than four small ones in capital and operating costs. (1) PAST HISTORY: THE CONSIDERATION OF ALTERNATE PLANS--Page 4 (2) Reserve backup by the Pool eliminates backup problems and allows large units to be constructed. (3) Full loading of new units at an early date can eliminate expensive idle capacity. (4) A few efficient higher voltage lines can replace many smaller ones. (5) Spinning reserve requirement may be reduced. (b) Installation of new units can be delayed by purchasing power from a pool, saving investment capital. Jointly-owned generation facilities provides further savings. (7) Staggered maintenance schedules reduces backup capacity and use of inefficient units, (8) Purchase and sale of economy energy can provide a power cost savings. (9) Diversity reduces the total capacity requirements. (10) Multiple interconnections increase reliability by provid- ing alternate transmisssion routes, (11) Stability of operation and frequency control are improved by reducing the effect of fluctuating loads, (12) A Joint approach reduces planning and operating costs, (13) A Joint approach reduces environ,nental problems by eliminat- ing duplication of facilities. (14) Reduces energy use due to more efficient use of larger units with reduced spinning reserve, 14 MEOW (1) PAST HISTORY: THE CONSIDERATION OF ALTERNATE PLANS--Page 5 (15) Improved service may be provided to customers. (I6) There is mutual support in emergencies. (17) The unified approach in dealing with others is possible Possible Disadvantages of a Power Pool (1) High cost of interconnections if a transmission system is not available. (2) Possibility of cascading during an emergency. (3) Some loss of autonomy, bigness; although the members control the Pool. (4) Cross-county transmission lines. (5) Remote possibility of circulatory power. (1)d(1) HAS TP&L (OR OTHERS) BEEN APPROACHED TO SEE WHETHER THEY WOULD PURCHASE OUR GENERATING CAPACITY AS WELL AS OUR DISTRIBUTION SYSTEM? TP&L or other private utilities have not been approached for a sell out since the above factors indicated that a continua- tion of public ownership is best. BE THE CT OF TH ES 13 lliE CITY (1)d(2) WHDENTONL(HOW WELLEWRLD TAXESEFROMEAOPRIVATEUCOMPANY OFFSET OF LOSS OF TRANSFERS TO THE GENERAL FUND? ARE THERE OTHER FACTORS OPERATING HERE?) (Hughes) Effect of Sale of System to Private Company Although private companies have not been directly approached on this matter, we are informed that the common practice in these matters is for the private company to assume the debt liability of the municipal. This is because the usual situation (1) PAST HISTORY: THE CONSIDERATION OF ALTERNATE PLANS--Page 6 is for the municipal to be in fiscal trouble, rather than having a stable sound enterprise, If this were the case, the net utility plant (as shown in the City's audit) would produce some $200,000 in ad valorem taxes based on 1975 tax rate of $1.70 at 40% of actual valuation, while the 1% sales tax on energy sales would produce some $95,000 and a 3% franchise tax would produce some $275,000 a total of some $570,000 to the general fund. This compares to a transfer of some $800,000 to the general fund actually made in fiscal 1974-75. Additionally, some $380,000 was transferred to the general fund for administrative services-- a total transfer to the general fund of some $1,100,000. (5) GENERAL/CONTRACTUAL/MISCELLANEOUS gUESTIONS (5)a(1) HOW REALISTIC ARE THE TIME CONSTRAINTS? We are extremely tight on our financing schedule. Delays by any of the members participating in the Project may slip the financing enough to jeopardize the Project and force the Cities to start making payments on interim debt by September 15, 1976. Delays in the project schedule may cause us to be unable to meet the Railroad Commission order forcing us to convert to fuels other than gas, This schedule is also very tight and slippages will result unless we move forward quickly, (5)a(2) WE HAVE SPENT $10,00D,000 AND STILL HAVE NO ANSWERS UPON WHICH TO BASE A RESPONSIBLE DECISION, (Nash) Please review the large quantity of information that has been developed on the Bryan Lignite Project. Total encumberances on this project are approximately $3,000,000. (5)b WILL THE DENTO CITYeCOUNCIL SURRENDER RATE SETTING TO THE Absolutely not. Mc(l) W!1Y IS THERE NOT A FEASIBILITY STUDY OR PRELIMINARY ENGINEERING REPORT AVAILABLE TO THE COUNCIL? (Nash) Each member has been furnished copies of each of the many studies done on this project and overall Pool planning. We are continuing to update and refine these studies as additional specific information is developed concerning „ the details of this project. (5) GENERAL/CONTRACTUAL/MISCELLANEOUS QUESTIONS--Page 2 (5)c(2) WHY IS THERE NO GENERAL CONSULTANT ON THE PROJECT? (Nash) R. W. Beck is the Consulting Enginear on the Project and is preparing a feasibility study as the basis for our first financing. The report will be complete within two months. (5)d WHAT ARE ALL THE IMPLICATIONS--FINANCIAL AND OTHERWISE--OF BRAZOS FAILURE TO TAKE 40% OF THE BRYAN LIGNITE PROJECT AT THIS TIME? (Hughes) This will make more of the low cost power from this project available to the Cities. There may be no other significant impliotions; however, only time will tell. t 1-e (4) FINANCIAL EFFECTS ON ANNUAL BUDGET AND FUTURE BOND SALES a. WHAT WILL BE THE TOTAL PROJECT COST AND WHAT WILL DENTON'S SHARE BE? (STEPHENS AND NASH) Based on recent cost estimates for the Brazos' San Miguel plant, the total project costs are estimated Co be $360,000,000, composed of: (1) Plant $260,000,000 (2) Mine b Mining Equipment 100,0000000 The Pool's A/E is presently pre,aring extensive cost estimates on The Bryan Project based on actual plant factors, ho-,-ever, Tha San Niguel costs should be representative. Based on the ptovisions of the proposed Power Sales Contract, Denton's share of the costs relating to the project will relate to its actual system utilization as that use relates to the total system use of all participants. Denton's use of Bryan Lignite Project energy and the resulting costs-will be directly dependent on Denton's operations of its own units since the Pool supp&ments Denton's existing capacity. b. HOW MUCH WILL ALI PARTICIPATION IN THE POWER POOL REQUIRE DURING THE NEXT FISCAL YEAR? (STEPHENS AND HUGHES) ~ DENTON'S ESTIMATED SHARE OF PROPOSED 1976/77 TPPI BUDGET 1. Operating Surcharge $ 601000 2, Energy Exchange a. Services $ 25,000 b. Power Purchased (1) 250000 3. Oil Terminal -0- (2) 4. Pitts Gas a, Jervices 5,000 b. Gar, Purchased $1,250,000 (3) $19255,000 5. Special Projects `0~ I-A TOTAL 51,~,340,~ (1) Dependent on amount and price of energy purchased from other members. (2) Based on usage fees - no usage anticipated during fiscal year. (3) Estimated - actual dependent on prices and amounts set by supplier. c. WHAT WOULD THE PENALTY BE FOR WITHDRAWAL AT A ILITURE TIME? IF THE SYSTEM FAILS, WHAT IS OUR LIABILITY? (STEPHENS) 1. If Denton were to withdraw at a future time the principal penalties would be a lack of participation in future generation of the Pool and the responsibility of paying its fair share of the costs incurred to time of withdrawal. However, it would be entitled to its fair (if limited) share of energy produced from the approved units. 2. In the event the syste ware to fail, Denton's liability would be 20.3;X of all debt service requirements on outstanding debt under the provisions of the Power Sales Contract. It should be noted, however, that joint action reduces this risk realitive to the Ci.y's present risk of building and financing its own units by spreading same over sever..l entities. d. WHAT EFFECT WILL ENCUMBRANCES INCURRED BY SALE OF BONDS FOR THE POWER POOL HAVE ON DENTON'S ABILITY TO SEL BONDS FOR OTHER AT-HOME PROJECTS? (IVEY) WILL WE NOT NEED TO PROVIDE REVENUE IN RELATION TO BOND DEBT SERVICE BY THE POWER POOL? (I.'EY) 1. In contrast to Denton's present financing practices, the use of joint financing to provide a wholesale commodity (such as power) has historically enhanced the local entity's revenue bonds. This is for several reasons, but particularly (L) Cenerally reduces "coverage" requirements (in this case from 1.3 times maximum debt service to 1,25 times average debt service), (b) More assurance and reliability of an adequate supply of the commodity to be retailed, (c) Gives an opportunity to take advantage of econimics of size thereby reducing unit prices, and (d) Spreads the risks of ownership over several enrities. 2. It is proposed that net revenues be 1.25 times net debt a service payments. However, this .25 "surplus" will either be reinvested in plant (with a comparible reduction in future debt service) or returned to the Cities. During periods of capitalized interest (during construction), no net revenues will be required. e. FUTURE PROJECTS OF THE POWER POOL: HOW WILL PARTICIPATION IN FUTURE PROJECTS SUCH AS COMANCHE PEAK FURTHER EFFECT OUR ABILITY TO SELL BONDS? (IVEY) WILL WE NOT NEED TO PROVIDE FRONT-END MONEY FOR A SECOND PROJECT BEFORE WE CAN BEGIN TO GET REVENUE FROM THE FIRST (BRYAN LIGNITE)? HOW GREAT IS OUR TOTAL DEBT LIKELY TO BECOME--AT WORST--BEFORE THE LIGNITE PLANT BEGINS TO BRING IN REVENUE? HOW MUCH WILL WE HAVE PAID IN INTEREST DURING THE PERIOD WE ARE ESCROWING THE INTEREST PAYMENTS? (HUGHES) 1. Future projects will not be undertaken until feasibility studies indicate there is a need (demand for energy) sufficient to amortize the costs thereof at reasonable rates and charges. As in (4)d.l., the participation in projects such as Comanche Peak will have several positive effects on the City's own financing. 2. Yes, however, as with the Bryan Project, interest will be capitalized until the new project(s) art! operational. 3. The amount of debt to be issued before the operation of the first plant is dependent on many factors such as projects undertaken, growth rates, etc., however, at the present time it is estimated that in excess of $500,000,000 would be outstanding by the early 1980's. 4. None directly. The amount defered (capitalized) will depend on the extent and duration of the capitalizing of interest during construction. The practice of capitalizing interest during construction is widely accepted in the industry as an acceptable and preferable method of off-setting debt costs against benefits derived from the facilities being financed. (2) FEASIBILITY OF OUR LIGNITE OPERATION A. POWER POOL LIGNITE HAS NOT BEEN ACTUALLY TESTED IN A GENERATING PLANT SITUATION. HOW DO WE KNOW IT WILL BURN AND MEET PROJECTED B.T.U. ESTIMATES? (IVEY) The chemical analysis of our lignite has been extensively examined by our independent fuels consultants and proposed boiler makers. These experts expressed such confidence in the prospective burn characteristics that they advised we progress without an independent burn test. However, in order to be extremely cautious and conservative, we have scheduled an independent burn test at U.S. Government laboratories for later this month (in fact the lignite is there waitinrt in line for the test). Additionally, we are presently negotiating to have an additional burn test conducted at an Australian laboratory that is world-famous for their lignite car)abilities. It should be noted that successful burn tests have been performed using the lignite for Brazos' plant. San Miguel lignites are of poorer grade and have greater quantities of harmful substances (sucf as sulphur and ash) than does he Bryan lignite. Additionally, lignite of poorer grades than Brazos' have been successfully used in power plants in Europe and Australia for years. Be- cause of these factors, we are reasonably assured that our lignite can be satisfactorily burned. (2)B(1) IS THERE A PLANT IN OPERATION WHICH USES SCRUBBERS TO REMOVE SULPHUR? SALT? At the present time, a number. of plants throughout the U.S. are in operation utilizing scrubbers for S02 removal. Although the success to date of these scrubbers is varied, present federal and state pollution regulations require their use on plants using fuel of our type. (2)B(2) WHAT DISPOSAL WILL BE MADE OF THE WASTE? Depending upon the scrubbing system used (presently under consideration by the A/E) we will probably bury the sludge in the mining pit. This will be done very carefully in order to prevent pollution of the environment. (2)B(3) IF SURFACE WATER SUPPLY IS NOT AVAILABLE, IS A WELL SUPPLY ADEQUATE FOR THIS PLANT? (NASH) Recent reports prepared by URS/Forrest and Cotton, Consulting Engineers, indicate that three viable alternatives for water are available in our Bryan area: Subsurface (wells), or (b) Large surface reservoir, or (c) Smaller surface reservoir, with supplemental water from Navasota River. Additionally, they prepared an economic comparison of these alternatives which indicated that a smaller reservoir with Navasota makeup would be the most economical alternative. C. JO WHAT DEGREE IS IT POSSIBLE TO DUPLICATE ENGINEERING FROM ANOTHER PLANT AND TO WHAT DEGREE WILL OUR PLANT BE UNIQUE (AND THEREFORE POSSIBLY SUBJECT TO MORE "BUGS")? (HUGHES) Although he has not previously completed a plant of this type and size, the Pool's Architect/Engineer ("A/E") is presently in the later stages of designing a unit of the same size and type and with comparable fuel, as our proposed unit. He will be able to relate this experience, study, analysis and design directly to our plant. Additionally, inspection trips have been, and will be, made to other lignite facilities to gain as much insight into their operations as possible. It should be noted • that the Pool Project Director for the Bryan Project has extensive experience in the construction, operation and main- tenance of large Texas lignite plants. A (3) LOAD PROJECTIONS AND EFFECT ON EXISTING PLANTS (3)A ON WHAT DATA WERE DECISIONS ON NEEDED LOAD CAPACITY MADE (PROJECTED PERCENTAGES OF GROWTH IN POPULATION AND PER CAPITA CONSUMPTION)? (HUGHES) See the reports titled "Reassessment of Load Projections for Members of Texas Power Pool, Inc." and "Preliminary Power Supply Study". - Traditionally electrical loads throughout the nation have grown at uniform rates until the last two years. The original load projections of the Pool were based on extensions of historical load growth rates. With the recent slow-down in load growth, the Pool reevaluated, in considerable detail, many of the factors effecting load growth. This study analyzed six methods of estimating future load growth. It was determined that load growth was strongly effected by peak summer temperatures and our relatively mild recent summers helped to reduce the demand for electricity. It also showed that the combining of the load growth of the five members helped to level out fluctuations in the growth rates of demand. The Pool has chosen to adopt the load growth recommended by this recent study with the recognition that the projections are to be updated annually which allows us to adjust the schedules of our units to meet the most recent projection of requirements. The,area served by the five members is very attractive for new growth. Population increases and additional industrial development will also result in a high growth rate in the demand for electricity. (3)B(1) HOW WILL THE POWER POOL BE ABLE TO MEET FUTURE GROWTH? Future growth by careful long-range planning for water, fuel, generation and transmission facilities and making the necessary tough decision to implement this planning on a timely basis. (3)B(2) WHAT WILL BE VE LOAD FACTOR OF DENTON'S ELECTRIC PLANT AFTER THE TIE TO THE LIGNITE PLANT AND CURRENT LOAD FACTOR? The load factor is dependent on the users of electricity, rather than on the source. We assume that there will be only minor I changes in load factor in the coming years. The amount of operation of the City's plant will be determined by the City; however, the joint approach to system operations will allow us to generate power from the lowest cost source for all members of the Pool. Therefore, Denton may find that its electricity costs are reduced by generating a lessor amount of electricity from their own units due to high cost of gas and generating from lower cost joint pool facilities. (3)8(3) WHAT IS THE REGULAR OPERATIONAL COST OF SYSTEM OPERATION AT DENTON PLANT AND WHAT WILL BE THE INCREASED COST DUE TO PEAKING OPERATION, AFTER THE TIE TO THE LIGNITE PLANT? (NASH AND STI.PHENS) The current costs can be supplied by City Staff. Dentons' total power costs will be reduced rather than increased by economic dispatch and other joint actions. (3)B(4) THE 400 MEGAWATT PLANT AMOUNTS TO LESS THAN ONE THIRD OF THE TOTAL CAPACITY OF THE POOL (1,375 MEGAWATTS). THIS APPEARS TO BE A CASE OF TOO LITTLE ALONG WITH TOO LATE. IF THE ATOMIC PLANT IS ACQUIRED, THIS LEAVES US WITH JUST ABOUT HALF OF OUR CAPACITY. WITH FUEL GOING TO $3.00/1000 CF, WHERE IS THE ECONOMY IN RUNNING THE EXISTING PLANTS? Prudent utility management dictates that new units should be a realitively small % of total requirements in order to have maximum reliability, therefore a unit which will increase the total capacity by about 20% is a reasonable size for a new system addition. The RRC has ordered a gradual cut back in the use of gas as a boiler fuel. Our planning is consistent with this order and calls for a shift to reliance on fuel other that gas by mid - 1980's. Our schedule for conversion to other fuel is comparable to that of T P & L. At that time we will st111 utilize the members gas fired generation, but on a reduced, peaking, basis. Therefore, the affect of the higher price of gas will be reduced as we rely more heavily on the base loaded lignite and nuclear units. '(3)B(5) WERE H NE PLANT WOULD RUN AT RATED P . P. OF BRAZOSSPOKE OFA50%LOAD FACTOR. WHICH IS THE CORRECT? (NASH) A newly constoucted power plant requires a debugging period during which it probably will be available only 50% of the time. After the bugs have been taken care of and the unit is "mature" (usually 1-2 years) the plant can be expected to operate up to 80% of the time. The remainder of the time is used for maintenance of the unit and unscheduled outages. Since this plant will be replacing gas fired generation and should be a cheap source of energy, it will be operated at its maximum capacity the maximum amount of time. In the system, the demand for electricity varies from hour to hour, day to day and season to season. Sufficient capacity must be available year round to meet peak summer loads and still provide a reserve in case of emergency. In addition, new units added to the system must meet load growth for up to several years, therefore they may nave some surplus capacity in the first year or two of operation. A] s% the conversion to alternative fuels, as dicatated by the RRC will cause us to have surplus gas fired generating capacity in the early years of the next decade. 4 t r r ~rrN .,zl" ~ N 1 CITIZEN EVALUATIONS OF CITY SERVICES IN DENTON, TEXAS: SOME PRELIHINARY NOTES prepared by Junes J. Glass Victor G. Nielsen C. Neal Tate John R. Todd Jerry L. Yeric Department of Political Science North Texas State University June, 1976 The March, 1976 Denton City Profile Survey on which this report is based was conducted under the auspices of the Applied Policy Research Program, institute for Applied Sciences, North Texas State University. Cruoial technical assistance for the survey was provided by the Department of Community Development, City of Denton, During 1975-76 live NTSU political scientists interested in urban government and administration planned and conducted the first comprehensive adrvey designed to profile the attitudes of the citizens of Denton toward their city, its government, and the services it pro- vides, Carefully-trained interviewers drawn from graduate and advanced undergraduate classes in political science and public administration conducted face-to-face interviews with a highly representative sample of about 300 residents of Denton during the period from March 7 to March 12, 1976. Tha interviews probed the citizens' attitudes toward the provision of basic services by the city, their perceptions of the problems in their neighborhood and the community, and their feelings about the City of Denton as a place to live and work. A full report on the results of the survey will be issued at a later date. These "preliminary notes" are intended to provide a summary of citizen attitudes concerning basic city services which may be useful to city officials with budgetary planning responsibilities. Three basic questions were asked concerning each of twelve basic city services. The first question asked the survey respondents simply to rate the quality of each service on a scale ranging from +3 (highest) to -3 (lowest). Table 1 (attached) summarizes these I citizen quality ratings by combining all positive ratings and all negative ratings and interpreting them as indicators of citizen "approval" and "disapproval" respectively. In addition, Table 1 gives the mean or average rating each service received together with the approval rank order of the twelve services. 2 The second question probed citizen feelings about city spending for basic services, Respondents were asked to suppose that they were holping to prepare the Dentt:n city budget and then to tali whether they would budget more, less, or the same amount for each service. The percentages giving each response are summarized in Table 2 (atta~,hed) together with an indication of the ranking of the services with respect to citizen willingness to spend more on the services. The third question explored the crucial area of citizen willing- ness to pay for the services by asking whether the respondent would favor paying more taxes than now, les, taxes than now, or about the same taxes as now for each service. The percentages giving each response are reported in Table 3, together with an indication of the ranking of the services with regard to citizen willingness to pay more taxes in support of the services. Conclusions In general, the ita presented in Table 1 through 3 support the following conclusions: 1. Citizens were overwhelmingly approving (over 858--mean ratings 1.7 to 2.0) of the quality of fire protection, garbage collection, and library cervices, and strongly approving (over 808--me.,,. ratings 1.10 to 1,40) of branch; leaf and large item collection, police protection, and traffic signs and signals services (see Table 1), 2. The quality of sidewalks and street maintenance and repair services was disapproved by a majority of citizens (with negative average ratings), Recrea on facilities and parks were also viewed as lower in quality than the other city services (see Table 1). 3, Less than one citizen in twelve felt that th9 city should spend less on any service (see Table 2). F l 3 4. A majority of those interviewed felt the city should spend more of its budget for street maintenance and repairs, neighborhood parks and playgrounds, sidewalks, and recrea- tion cyehiere, etc. (see Table 2). 5. Lass thah one citizen in eight indicated a desire to pay less takes in support of any city service (see Table 3). 66 Not surprisingly, citizens were not anxious to pay more taxes in support of city services. Nevertheless, a sub- stantial proportion (from 34 to 43 percent) indicated a willingness to be taxed in order to improve those services which they perceived to be of lower quality and for which they had indicated a preference for more city spending. Specifically, many citizens were willing to pay more taxes in support of street maintenance and repairs, neighborhood parks and playgrounds, sidewalks, and recreation centers, etc. (see Table 3). TABLE 1 "Tell me how high or how low you wodid rate the quality of each service?" Percent Percent Mean Approval Approval Disapproval Ratings Rankingb Fire Protection 95Z 5% 2.00 1 Police Protection 83 17 1.30 5 Neighborhood Parks and Playgrounds • 67 33 .61 8 tie Recreation centers, swimming pools, lakes and other recreation facilities 60 40 .44 11 Garbage collection 89 11 1.70 2 tie Collection of branches, leaves and large items 83 17 1.40 4 Sidewalks 41 59 - .53 10 street cleaning 69 31 .61 8 tie Street maintenance and repair 44 56 - .35 12 Beautification with trees, flowers, shrubs on public land 73 27 ,84 7 Library Services 88 12 1.70 2 tie Traffic signs and signals in your neighborhood 80 20 1.10 6 anis is the average rating given each service by all respondents. bRanking derived from Mean Ratings. TABLE 2 "Would you budget more, less or about the same ardount of city money for each service in yor,r neighborhood?" Feel City Should: Spend Spend Spend Spend More More Less Same Rankingn Fire Protection 298 1% 708 7 Police Protection '37 5 58 6 Neighborhood Parks and Playgrounds 59 4 37 2 Recreation centers, swimming pools, lakes and other recreation facilities 53 3 44 4 Garbage collection 17 2 81 11 Collection of branches, leaves and large items 16 4 81 12 Sidewalks 56 4 40 3 Street Cleaning 26 7 67 10 Street maintenance and repair 60 3 37 1 Beautification with trees, flowers, shrubs on public land 40 6 54 5 Library services 27 2 71 8 tie Traffic s?Ins and signals in your neighborhood 27 7 66 8 do aThis is the ranking of the services according to the percentage willing to spend more on each. TABLE 3 "Mould you favor paying more taxes than you are now, less taxes than you are now, or about the same as you are now fcr each service Favor Paying: More Less Same More Taxes Taxes Taxes Taxes Rankinga Fire Protection 238 69 719 7 tie Police Protection 28 9 63 5 Neighborhood Parke and Playgrounds 39 11 50 2 Recreation centers, swimming pools, lakes e,nd other recreation facilities 34 11 55 3 tie Garbage collection 8 8 83 12 Collection of branches, leaves and lrarge items 9 11 80 11 Sidewalks 34 10 56 3 tie Street Cleaning 13 12 75 10 Street maintenance and repair 43 8 49 1 Beautification with trees, 0 floweret shrubs on public land 23 11 66 7 tie Library services 25 5 70 6 Traffic signs and signals in your neighborhood 17 9 74 9 aThis is the ranking of the services according to the percentage willing to pay more taxes for each. tc X.IS Y F{T 1 f% 1 C~ I C 15 ey~ t i ~ First Annual Report r Com.»Nn1ty eftfinic Rs~wtion. $euw ~lcs~•a ~u~lwn ~rl~uaj,+ Cf.w~rn+sn JrfieSteh '~fer.dwrves Vtcs Cf+etvr+w+ Csfersw R-...tt - gu.•.~.uy .a.-res Sw.stn.on ~wtf~...-Jee 5cf....awcfe.• eClifis .pdf Jf...►ts.+ Dr. gfndrw flwsa d ~JI $hewwr~ '3rwnfc ps~r{fw The Community Ethnic Relations Board readily su')mits its first annual report to the City Council this evening and it does so with high hopes and aspirations concerning the Board's future and what it can accomplish in the months ahead. Although very little has been heard concerning its progress in fulfilling its duties and responsibilities as ,iescrihed by ordinance last year, the Community Ethnic Relations Board has accomplished what waa necessary in its formative year--to locate and develop the tools needed to fulfill its function. It met with experts in various areas that concern the Board's area of influence and from those meetings it obtained the direction needed in setting its goals as a functioning board. The Board is particularly grateful for the assistance of Richard Tankerson, Equal Opportunity Officer, Corps of Fng m eers, Southwest Region; Robert E. Starr, former Executive Director of the Human Relations Commission for the City of Fort Worth; and Berl Handcock, Director of the Equal Employment Opportuni'~y Commission for the State of Texas. Thanks to these men, and others, the Board has a clearer perspective of its role as a viable and instrumental entity in the community. Those meetings, coupled with the hearings that the Board held in the community, have produced goals that are essential to the Board's operation, A list of these go,Js follows. emirs t,_Ue_Board would like for the City Council to delete the two-year "self destruct" clause from the ordinance that established its existence. The Board believes that it must continue without a time limit and that it should become a permanent board in the City's structure. Second, and probably most important, the Board has found the necessity for an operating budget in order to maintain a permanent working staff to receive complaints during working hours and maintain accurate records and files for the Board. To this end, the Board has collaborated with the Denton County Community Council for use of its facilities and one of its present employees. The Denton County Community Council has established as one of its goals to assist in the coordination of all community social services at one central facility. Attached is a proposal of services and the cost of those services. The City's share would be minimal. If this small budget is approved by the City Council, the Board will have direct contact with the community at all times. Third, the Board seeks to establish improved and constant communications with the community. The Board has alre.J. begun initial action towards this goal by putting together a small brochure that will inform the citizens of'Denton about its function and purpose. The Board plans for its distribution during the month of July. A copy of the brochure is attached. Fourth, reports of the Board's progress-and actions will be submitted by the Board to the City Council at least once a month. ,Fifth, the Board will make every effort to hold at least one neighborhood meeting in the community each month in order to remain constantly visible to the citizens that it serves. 4 Sixth, news releases will be given to the Denton media to publicize the Board's efforts and accomplishments. Seventh, the Board will Establish a re-routing system to channel thc* findings and actions taken on citizen's complaints after those complaints are placed with the proper authority within the City's structure. The Board's final goal will be to meet twice a morth as it will become necessary to do so once the operating system proposed becomes active. With the City Council's assistance, the Board looks forward to serving both that body and the community with its best efforts. 4 -3- June 1, 1976 T0s Community Ethnic Relations Board (CERB) FROMs Peggy Dollarhide, Denton County Community Council The following is a proposal of services which can be offered by the Interagency Center which operates under DCCC. The cost of these services are itemized for your convenience in budgeting. 1. Provide bi-lingual clerical support (approximately 20a of the time - 8 hours a day, 5 days a week )t employee will be a liason between CC?,B and DCCC and knowledgeable about all "j'C areas of responsibility. $115.00 per month (including benefits) a. Record all CERB complaints; categorize complaints= transmit complaint to a member of the CERB for handling or to another DCCC office if the complaint is not ethnic related= type the CERB member's action reports and file the report for future use. b. Type a monthly report of CERB activity - submit- ting the report to CERB Secretary, Gloria Pruett. 2. Provide office space. 180 square at .40 cents per square foot. $72.b0 per month. 3. Provide office equipment. $10.00 per month for use of all present equipment. 4. Provide telephone service. $28.10 per month 5. Provide supervisory responsibility to the clerical staff employee. 0.00 6. Office supplies and printing. $450.00 7. Poatage. $400.00 Total amount' $M51.20 MEMORANDUM: May 26, 1976 TO: Mr. Jim Carter Denton Housing rROM: Community Ethnic Relations Board (CERB) The following is a suggested list of requirements the Community Ethnic Relations Board feel is essential in the establishment of a permanent office rtaff employee. It is cur hope that your office can provide this Board with the following services. 1. Provide clerical support (approximately 20% of the time - 8 hours a day, 5 days a week). a. Record all CERB complaints; categorize complaints; transmit complaint to a member of the CERB for handling or to another DCC office if the complaint is not ethnic related; type the CERB member's action report; and file the report for future use. b. Type a monthly report of CERB activity - submitting the report to CERB Secretary, Gloria Pruett. c. It would be most helpful if this employee was bi-lingual. 2. Provide office space. 3. Provide office equipment. 4. Provide telephone service. 51 Provide supervisory responsibility to the clerical staff employee. 6. The CERB feels that this employee should be a liaison between this Board and th6 DCC in view of the interactivity of the various organization of DCC. This employee should be knowledgeable about all DCC areas of responsibility. CERB is requesting $450.00 for printing and office supplies and 5400.00 for postage for the upcoming year. 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O ~ m a ► rf9p9 t 3 3 SI N -S co cr3 W m n n G 7 mW n u 7 3 0 r+ n I N rm O m • LA M . J. ~j r33 0--11 mna~ -rq<040 -t W n in J ~ v a r+ r_ m a '.9 04 cx. ~mC+ ny pp 1w n 01 o Na o O '1 nJ0m -,a3 -h'C0 a a7 a C7 rrff ~gp X J W 0 ~1B fD a tr -0 - CL CL 3 a 30 c n to t; r+ m n (D w o o rrr+~ O C CD &A J. m C 0 w :r l< ° A •3 r r_ r s k, . s Cl) ~J o r ~s ~ ~ c, n ~ ~ ~ ~ ~ ~ b c`n n -n ~ v~ r[[[----I~~~ y ~ H r M r C I T Y O F D E N 'i O N T A X A D J U S T M E N T S FOR THE MONTH OF June, 1976 Personal Property Automobiles $ 616.02 i Business Personal 163.65 $ 779.67 HugS Mixon Tax Assessor-Collector City of Denton, Texas ' A 1 CITY OF D E N T 0 N TAX ADJUSTMENTS FOR THE MONTH June, 1976 Personal Property NAME ACCOUNT _ TAX TAX REASON NUMBER YEAR Robert D, Housden 9999-23880 1974 5.78 Unable to locate Mary A. Hubbard 9999-24060 1974 11,05 " " It Jennifer Huber 9999-24070 1974 3,40 " " to George W, Hughes 9999-24310 1974 14,11 " " It Marie Hutton 9999-24705 1974 11.05 if " of Jesse L. Hyde 9999-24725 1974 15.98 Jerry L. James 9999-25445 1974 5,10 it P. Jamrusmechotl 9999-25525 1974 14,62 It Soroosh Janmi 9999-25530 1974 10.20 Leonard C. Jeffery 9999-25635 1974 11.05 James V. Jenkins 9999-25725 1974 2,72 Lana Kay Jenkins 9999-25735 1974 14,28 F, Johnson 9999-25890 1974 12,92 J, Wesley Johnson 9999-26100 1974 5,10 it of " James A. Jones 9999-26635 1974 11,05 " to " Mary Ann Jones 9999-26720 1974 8.84 " to " John H. Jordan, Jr. 9999-26820 1974 15.98 " " " Lonnie W, Jourdan 9999-26885 1974 2,72 It to It Thomas S, Kershaw 9999-27455 1974 5195 " " of John Oon Kim 9999-27605 1974 11,73 If " it Dale Kiplinger 9999-27875 1974 5.78 " " Prungsak Kirtlappol 9999-27965 1974 2,72 " it to Frank Kozlovsky 9999-28275 1974 9.18 " " to Elizabeth Krueger 9999-28395 1974 8.84 of " Kuntry Motors 9999-28455 1974 3.40 or of to Nini Y, Lackey 9999-28535 1974 3,40 " to " Cheryl Ann Lambert 9999-28625 1974 12.92 to to of Gary Lawley 9999-29045 1974 7.82 or " " Timothy Lawn 9999-29050 1974 2.72 Richard C. Learned 9999-29130 1974 11.73 k15.chard Lefler 9999-29310 1974 ' 2.72 Glenn A. Lindsey 9999-29785 1974 8.84 Jacob Long 9999-30160 1974 6.46 Kathy Jo L6ran 9999-30215 1974 2.72 James W, Loter 9999-30260 1974 3.40 Connie Lowrance 9999-30390 1974 11.05 Tony V. Lujan 9999-30530 1974 12,92 " " to Margie L. Maddocks 9999-30760 1974 6,80 " " " Mary Maier 9999-31000 1974 11105 " " " 4udy K. Mangems 9999-31085 1974 11.05 It " Mary E, Manry 9999-31150 1974 2472 " " or R. F, Marshall 9999-31355 1974 2,04 " It " Cunelda Martin 9999-31460 1974 5.78 It " to VM service, Inc, 9999-33945 1974 15.98 it of to Timothy M. Martin 9999-31555 1974 14,62 if " of Ila M. Martinez 9999.31600 1974 2.72 " " " NAT . ACCOILNT TAX . TAX REAP= N1R•SRER YEAR Mrs. R. D. Houaden 9999-26340 1973 1.70 Unable to locate Robert D. Houaden 9999-26345 1973 8.84 " " If " Thomas S. Kershaw 9999-30100 1973 6.80 to of " Jong Oon Kim 9999-30255 1973 14.11 " it Kuntry Motors 9599-31155 1973 5110 " " " Glenn A. Lindsey 9999-32765 1973 11.05 " " " Leonard C. Jeffery 9999-23210 1972 15.98 Thomas S. Kershaw 9999-24810 1972 9.35 Gary Lawley, 9999-26220 1972 9.18 " t James Sheffield, Jr. 9999-51570 1975 10.54 . Outside Daniel T. Stanley 9999-54385 1975 12.92 " Calvin Whitson 9999•-61440 1975 15.81 It Marilyn Ivey 9999-2785 1972 11.73 It James C. Sheffield,Jr9999-49275 1973 8.50 of • James Sheffield III 9999-39235 1971 6.80 James C. Sheffield 9999-42525 1968 11.40 " James C. Sheffield,Jr9999-06447 1967 9.00 " " 9999-06448 1967 3.75 " It It 9999-06449 1965 6.00 " James C. Sheffield 9999-06450 1964 6.00 James C, Sheffield,3r9999.06451 1963 11.40 to 9999-06452 1962 13.50 " Leonard C. Jeffery 9999-22405 1970 9.75 Too Old D. L. Feterson, Jr. 9999.34420 1970 11,40 to to Richard Johnson 9999-24710 1969 2.40 ' It is C I T Y O F D E N T 0 N T A X A D 3 U S T M F. N T S FOR THE MONTH June, 1976 I Business Personal NAME ACCOUNT TAX TAX REASON NUMBER YEAR Hawley Ranches 9070-01500 1970 36.00 Too Old it it 9070-01500 1969 51.75 " " Hi. Carrol Cafe 9070-01905 1970 38.40 C. R. Smith dba Expressway Texaco 9040-02400 1969 7.50 if " 9040-02400 1968 7.50 it It " " 9040-02400 1967 7.50 " " " " 9040-02400 1966 15.00 11 If . I ~k,~s 1 J 6 J r'~' A 11 CDP~ FOP f'ftf: W . gRooX.9 Ho i.r pout Ts LANE STAR GAS COMPANY STATEMENT OF CAS PURCHASED DURING THE MONTH OF MAY,1976 AND DETERMINATION OF THE AUTHORIZED CITY CATE RATE* ADJUSTED FOR CHANGE IN COST OF GAS PURCHASED IN ACCORDANCE WITH ORDER OF THB RAILROAD COMMISSION OF TEXAS UNDER DOCKET NO. GUD-588 Line 1 Average No. MCF Price Amount 1 Purchased From Non-Affiliated Suppliers 32 737 189 $ 1.0257 $ 33 578 551" 2 Purchases Frog All Sources 36 267 913 1.0132 36 745 146 3 Lesser of Lines 1 and 2 $ 1.0132 4 Average Purchase Price GUD-588 .7229 5 Difference Between Actual and Base Prices •2903 6 Gas Cost Adjustment (85% of Line 5) .2468 7 Base City Cate Rate Authorized Under CUD-588 _ 1.0399 8 City Cate Rate to Become Effective June 20, 1976 $ 1.2867 *Intracompany charge for gas delivered to Distribution Division for sale to residential and commercial customers and for distribution unaccounted-for gas. I hereby certify that the above Is true and correct to the best of my knowledge and belief. For: Lone Star Gas Company By : Dates June 10, 1976 Title: Vice Pres{.dent and Controller r ' Notes_ Purchases of 407,678 Mcf in the amount of $172,447.79 have been excluded because this gas is sold before entering Lone Star Gas Company facilities. Off-OF-PERIOD AWUSDUMS MAY, 1976 I TEh1 N I IN EXCESS OF $S,a00 SUPPLIER TIME PERIOD MCF MDUNT W. A. Moncrief, Jr. 3/76 8,754 $ 9,332.45 Cities Service 1/75-2/76 655,327 90571.76 Enserch Exploration, Inc. 4/76 71322 11,736.37 Sohio 1/75-2/76 53,852 170593.61 Tenneco Oil 8/75-2/76 42,001 14,562.86 Mobil Oil 5/75.2/76 19,150 70280.36 Mobil Oil 1/76-4/76 531,747 60059.SS Skelly Oil 3/76 191,352 74,58230 Skelly Oil 2/76 31,591 12,171,55 Mobil Oil 6/74-2/76 45,886 150840.80 Coastal States 6/74-2/76 100229111 3492008.21 Coastal States 6/74-2/76 215,768 742893.51 *2,824,961 $603,034.53 11 LESS MM $5,000 1/75-4/76 *1,7951186 29,122.64 I1I TOTAL I AND II *4,620,147 $632,157.17 IV CORRECTIONS RELATING TO PRIOR PERIODS 8149944 ($598,159.80) V TOTALS I, II AND IV 3,805,203 $ 33,997.37 *Does not affect current month's Volitne. **There is no relationship between the volume and amount. I s ~G C' r i I K4 A ~