HomeMy WebLinkAbout08-1976
CERTIFICATE OF ACCEPTANCE
I, Jimmie J. Jones, Director of Community Development of
the City of Denton, Texas, do hereby certify to the Honorable
City Council of said City that the work of improving the fol-
lowing streets and portions thereof in the City of Denton,
Texas, has been completed by Jagoe Public Company in accordance
with the terms of a contract entered into by and between the
City of Denton, Texas, and the said Jagoe Public Company dated
November 4, 1975, and in accordance with the terms of ordin-
ance No. 75-4c, passed and approved on the 4th day of November,
A. D. 1975, ordering such improvements, and that such improve-
ments have been constructed and completed in full compliance
with the terms of such contract, and with the plans and speci-
fications 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:
STREET
UNIT NO. FROM TO
1. DONNA ROAD HIGHWAY 77 830' NORTH
OF HWY. 77
2. DEL DRIVE DONNA ROAD PINEY ROAD
3. RINEY ROAD HIGHWAY 77 DEL DRIVE
Respectfully submitted this the 3rd day of August, 1976.
IE L . , CTOR
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AT A REGULAR MEETING OF T1IE CITY COUNCIL OF THE CITY OF DYNTON,
TEXAS, HELD IN THE !i'JNICIPAL BUILDING OF SAID CITY ON THE 3RD
DAY OF AUGUST, A. D. 1976.
tr, R E S 0 LUTI0N
b„ WHEREAS, Denton County Community Council is a medium
through which interested citizens, organizations, agencies, and
departments of government can work and coordinate together the
needs of the community} and
WHEREAS, the Community Council is working towards the
prevention and elimination of conditions which cause or per-
petuate social problems; and
WHEREAS, the Community Council has, 1s a purpose, the
collecting, organizing and disseminating of information concern-
ing social service needs and the resources within the community
'for meeting such needs; and
I
WHEREAS, the Denton County Community Council is sponsoring
a proposal entitled "A Comprehensive Development Grant for Single
Heads of Households with Children" to be submitted to the Texas
Department of Community Affairs by Community Services Inc.; and
WHEREAS, the City Council.of the City of Denton supports
the functions of the Denton County Community Council, and encour-
ages the Community Council to seek such a grant for the benefit
of the citizens of the city and county;
,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
,CITY OF DENTON, TEXAS:
That the City Council support the Denton County Community
Council in seeking a grant for the "Comprehensive Development for
Singlo Heads of Households with Children", and that the Texas
Department of Community Affairs give favorable consideration to
such grant request and the benefits that such a grant will bestow
on the citizens of the City of Denton and Denton Co•.,nty,
PASSED and APPROVED this the 3rd day of August, A. D. 1976.
® C•-o t'
ELINOR UUGH~ MA)FOR
CITY OF DENTON, TEXAS
ATTEST:
i4KS-HOLTj IT SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
MUL C. , CITY
CITY OY DENTON, TEXAS
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N0. 7 (r' 3 5
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, BY AMENDING ARTICLE It CHAPTER 9 OF THE NATIONAL ELECTRICAL
CODE, 1975 EDITION TO SUBSTITUTE A NEW SECTION 210-8 (a); PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATIONS THERE-
OF; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
PART I.
That Article I, Chapter 9, Section 9-1 National Electrical
Code, of the Codo of Ordinances of the City of Denton, Texas, is
hereby amended and shall hereafter read as follows:
ARTICLE I. IN GENERAL.
Section 9-1. COMPLIANCE WITH NATIONAL ELECTRICAL CODE, 1975
EDITION, REQUIRED.
The National Electrical Code, 1975 Edition as previously
adopted is hereby amended by deleting Section 210-8 (a) in its
entirety and substituting a new Section 210-8 (a) which shall read
as follows:
Section 210-8 (a) Residential Occupancies.
For residential occupancies all 120-volt, single-phase, 15
and 20 ampere receptacle outlets installed out-doors and in bath-
rooms may have ground-fault circuit protection for personnel.
Such ground-fault; circuit protection may be provided for other
circuits, locations, and occupancies, and where used, will provide
additional protection against line-to-ground shock hazard.
J PART I.I.
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 ordinan a3, and the City Council of the
City of Denton, Texas, hereby decla:'es it would have enacted such
remaining portions despite any such invalidity.
PART III.
Any person who violates any provision of this ordinance shall
be deemed guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine not to exceed Two Hundred Dollars ($200.00).
Each day such a violation shall continue or be permitted, shall be
treated as a separate offense.
PART IV.
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of 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 3rd day of August, 1976.
11
MINOR HUGHES. MAYOR
CITY OF DENTON, TEXAS
ATTEST'
OLT, CITY SECRETARY
ITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
L C. ISH , CITY ;W;~Y
CITY OF DENTON, TEXAS
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD
DAY OF AUGUST, A. D. 1976.
R E S O L U T I O N
WHEREAS, on June 10, 1976, the City of Denton, Texas,
submitted to the Texas Aeronautics Commission an application
for a grant-in-aid for an airport development project at the
Denton Municipal Airport; and
WHEREAS, the Texas Aeronautics Commission has issued
a Grant Offer for TAC Project No. 762-12, dated June 17, 19761
which, if duly accepted, provides a commitment of 12 1/28 of
all allowable project costs of said project, not to exceed a
maximum obligation of $20,000; and
WHEREAS, the City of Denton, Texas, has available a
like amount of matching funds, in cash or in kind, which have
been appropriated and designated for airport development pur-
poses] and
WHEREAS, it is determined to be in the best interests
of the citizens of the City of Denton, Texas, to accept this
Grant Offer and thereby enter into a Grant Agreement with the
Texas Aeronautics Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS:
That the City of Denton, Texas, does hereby enter into
a Graft Agreement with the Texas Aeronautics commission by
accepting the Grant Offer for TAC Project No. 762-12, dated
June 17, 1976; and, be it further
RESOLVED, that the City of Denton, Texas, shall be bound
by the provisions or said Grant Agreement, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all
legal purposes; and, be it further
RESOLVED, that Jim White, the City Manager be, and he
is hereby authorized and directed to execute said Grant Agree-
ment on behalf of the City of Denton, Texas.
PASSED and APPROVED this the 3rd day of August, 1976,
ELINOR HUGHES, MAWR
CITY OF DENTON, TEXAS
ATTEE
K HOLT $ TY SECRETARY
/RWO
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
UL C. ISHAM, CITY A TltT OMM
CITY OF DENTON, TEXAS
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City of Denton o Rliniicipal Bitilding, Denton, Pm 76201
August 10, 1976
Texas Aeronautics Commission
P. 0. Box 12607
Capitol Station
Austin, Texas 78711
Dear Sir:
Attached to this letter is an executed Grant Agreement
offered by the Texas Aeronautics Commission to the City of
Denton on June 17, 1976. The City of Denton City Council for-
mally approved the Grant Agreement at the regular meeting on
Tuesday, August 3, 1976. A certified copy of the official
Resolution is attached as per your instructions.
You will note that the Grant Agreement is signed by Jack
Owen, Assistant City Manager, rather than City Manager Jim
White. Jack Nen is authorized by the City Council Resolution to
perform the duties of the City Manager in his absence.
I have enclosed for your Information a copy of this Reso-
lution authorizing Jack Owen to sign for Jim White. Mr. White
is currently on vacation and will not return until after the
deadline for submitting this Grant Agreement.
Should this arrangement present any problem, please let
me know as soon as possible so that it might be corrected,
Many thanks for your assistance in improvements at
Denton Municipal Airport.
Sincerely,
William K. Cole
Assistant to the City Manager
WKC/Js
Attchs.
TEXAS AERONAUTICS COMMISSION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer: June 17, 1976
TAC Project No: 762-12
TO: Denton, Texas
(herein referred to as the "Sponsor")
FROM: The State of Texas, acting through the Texas Aeronautics Commission
(Flerein referred to as the "Commission")
WHEREAS, the Sponsor has submitted to the Commission an application for
grant dated June 10, 1976 , for a project for development of the
Denton Municipal Airport rport, together with plans and speci-
fications or sue project w c app"Dcation for grant as approved by the
Commission is hereby Incorporated and made a part o t is grant by refer-
ence so as to ave the same effect as though repeated ere n; an
WHEREAS, the Sponsor certifies that it has available in cosh and/or in other
acceptable form the resources for the undertaking and successful completion
of this project; and
WHEREAS, the Commission has approved a project for development of the
Airport (herein called the "Project") consisting of the following described
airport development:
Acquire land in the south clear vone
to runway 35
TAC ORIGINAL
TAC FORM 100 (Rev. 12/74) Page 1 of .5
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Texas Aeronautics Comml.;;sfon Act as amended, and in
consideration of (a) the'Sponsor's adoption and ratification of the conditions
comprising this Offer as hereinafter provided, and (b) the benefits to
accrue to the State of Texas and the public from the aa:omplishment of
the Project and the operation and maintenance of the Airport as herein
provided, THE TEXAS AERONAUTICS COMMISSION, FOR AND ON
BEHALF OF THL STATE OF TEXAS, HEREBY OFFERS AND AGREES
to pay, as the State of Texas' share of the allowable costs incurred in
accomplishing the Project, 12~% per centum of all
allowable costs, or the maximum o igat ono t ie tate payable under
this-Offer, whichever is the lesser.
This Offer is made on and subject to the following terms and conditions:
1. The period of this agreement shall be twenty (20) years from the
date of Sponsor's acceptance.
2. The maximum obligation of the State of Texas payable under this
offer shall be $20,000
3. The Sponsor shall;
a, Begin construction on or before Net applicable
Failure to do so will constitute just cause or termination
of the oi,ligatfons of the State of Texas hereunder by the
Commission, unless at the Sronsor's request, the Commission
grants additional time in writing.
a
b. Carry out and complete the Project without undue delay and
in accordance with the plans and specifications which are
Incorporated herein. The Commission has the option to
withhold the payment of any State funds unless the plans
and specifications have been completed and approved by'
the Commission,
c. Make every reasonable attempt to complete the project on
or before Make every reasonable attempt w complete the project before
January 1, 1977.
4. The allowable costs of the Project shall not Include any costs
determined by the Commission to be ineligible for consideration
as to allowability.
TAC FORM 100 (Rev. 12/74) Page 2 of 5
i
.
5. Payment of the State of Texas' share of the allrnrable project costs
will be made pursuant to and in accordance with the established
procedures approved by the State Comptroller and the Commission.
final determination as to the allowability of the costs of the project
will be made at the time of the final grant payment.
b. The Commission reserves the right to amend or withdraw this Offer
at any time prior to its acceptance by the Sponsor. The acceptance
period cannot be greater than 60 daysafter issuance unless
extended In writing by the Commission.
7. The Commission will not become a part of any contract or commitment
which the Sponsor may enter into or assume in carrying out this
Project. Progress payment from the grant will be paid to the Sponsor
periodically as development is satisfactorily completed. The Sponsor
in turn shall settle all project encumbrances and financial obligations.
8. Approximately ten (10) per cent of the total grant will be withheld by
the Commission, to be paid only after all work has been completed,
inspected and approved by the Commission, or its designated repre-
sentative,
9. Any and all fees collected for use of the airport or navigational
facilities constructed In part with funds granted herein shall be
reasonable and non-discriminatory. The amount realized from
fees so collected will be used solely for the operation, maintenance
and upkeep of the airport, and for further development of the
airport as funds permit. (See also V.'1'. C. S. Art. 46d-11)
It. The Sponsor will, if requested by the Commission, on September l
of each and every year submit to the Commission an itemized
statement of revenue received from the airport and expenditures
made thereon for the preceding year.
11. All future development of the airport will be consistent with a
current master airport layout -tan, approved by the Commission
and maintained by the. Sponsor. A rcproduccable copy of said
plan, and all subsequent modifications thereto, shall be filed
with and approved by the Commission.
12, Where the authorized airport development project includes the
installation of lighting, the Sponsor hereby agrees unconditionally
TAC FORM 100 (Rev, 12/74) Page 3 of 5
that such lighting system will, whether automatically or manually,
be in operation from sunset to sunrise.
SPECIAL CONI)1TIONS;
13, No payment of funds will be made until the title has been approved.
Breach
Of primary importance to the Commission is compliance with the terms and
conditions of this agreement. If, however, after all reasonable attempts to
require compliance have failed, the Commission finds that Sponsor is un-
willing and/or unable to comply with any of the terms and conditfons of this
agreement, or the application incorporated herein, the C,'ommiss:on may, in
its discretion, require a pro rata refund of money granted herein, depending
upon the time of breach,
The Sponsor's acceptance of this Offer and ratification and adoption of appli-
cation for grant incorporated herein shall evidenced by execution o t s
3tistrument by the Sponsor, as eretnafter provided, and said Offer and
Acceptance shall comprise a Grant Agreement, constituting the obligations
and rights of the State of Texas and the Sponsor with respect to the accom-
plishment of the Project and the operation and maintenance of the Airport.
Such Grant Agreement shall become effective upon the Sponsor's acceptance
of this Offer and sh: ll remain in full force and effect throughout the useful
life of the facilities developed under the Project, but in any event not to
exceed oventy (20) years from the date of said acceptance,
STA11 OF '11iXAS
TEXAS AERONAUTICS COMMISSION
. 1~Y Zli
arcs u , r or
TAC FORM 100 (Rev. 1.2/74) P gc 4 o
Part 11 - Acceptance
The City of Denton does hereby ratify and adopt all statements,
representations, warranties, convenants and agreements constituting the described
Project and incorporated materials referred to in the foregoing Offer, and does
hereby accept said Offer, and by such acceptance agrees to all of the terms and
conditions thereof.
Executed this 10th day of August 19 76
(Sea l )
The City of Denton
(Sponso
Attest: By;
Title: City Secretary Title; ssistant City Manager
TAC FORM 100 (Rev, 12/74) Page 5 of 5
CITY OF DENTON
MEMORANDUM
DATE: October It 1971
T0: Brooks Holt, City Secretary
FROM: James W. White, City Manager
SUBJECT: Administrative Officer
Pursuant to Section 5.04 of the Charter of the City of Denton,
this is to advise all concerned that I designate Jack Owen,
Assistant City Manager, as the administrative officer to per-
form the duties of, and to act as, City Manager during my
absence or disability until I shall return or my disability
shall cease, or until the City Council by resolution desic,-
nates another officer of the City to perform such duties.
This letter is to remain in your active files until revoked
by me, or by act of the City Council.
iT MANAGER
A
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY
ON THE 26Th DAY OF AUGUST, A. D. 1969.
R E S O L U T I O N
BE IT"RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
That Jack Owen, appointed Assistant City Manager
on the 12th day of August, 1969, by the City
Manager, which appointment is in all respects
approved by the Council, is empowered to act for,
and perform the duties of, the City Manager in
his absence, is hereby expressly authorized to
sign all checks, vouchers or warrants for the
withdrawal of money from the City Depository,
when required during the absence of the City
Manager, to be countersigned by the Director of
Finance.
That the said Jack Owen shall file a signature
card with the City Depository, along with a copy
of this resolution, and shall provide a surety
bond with such surety and in such amount as is
required of the City Manager.
That this resolution shall be effective upon itr
passage and approval, and remain in full force
and effect as long as Jack Owen Is Assistant
City Manager, unless sooner revoked by act of
the Council or of the City Manager.
PASSED iND APPROVED this 26th day of August, A. D. 1969.
L
L. A. 'L ON, !MAYOR
CITY OF DENTON, TEXAS
ATTEST:
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B KS HOLT, CITY SECRETARY
4CITY OF DENTON, TEXAS
!APPROVED AS TO LEGAL FORM:
Q. BARTO , CIT TTORNE
TY OF DENTON, TEXAS
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AN ORDINANCE AMENDING CHAPTER 4 "ANIMALS AND FOH'L", ARTICLE It
SECTIONS 4-5 AND 4-61 AND ARTICLE III0 SECTIONS 4-40, 4-41,
4-43,4-44, 4-45 AND 4-49, OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINS:
PAR: I.
That Chapter 4 "Animals and FowlArticle It Sections 4-5
s
and 4-6 and Chapter 4, Article Iii, Sections 4-40, 4-41, 4-43,
4-44, 4-48 and 4-49 are hereby amended as follows:
ARTICLE I. IN GENERAL
SECTION 4-5. KEEPING OF CERTAIN STOCK IN THE CITY.
HOGS. It shall be unlawful for any person to feed, breed
or keep any hog or hogs, pig or pigs, in any lot, pen, building,
stable or other enclosures in the city, any part of which lot,
pan, building, stable or other enclosure is nearer than one thou-
sand (1,000) feet to any occupied building.
OTHER ANIMAL. It shall be unlawful for any person Lo feed,
breed, stable, pasture ~r keep any cow(s), goat(s), horse(s),
mule(s), donkey(s), or uheep in any lot, pen, building, stable or
other enclosure in the city, any part of which lot, pen, building,
stable or other enclosure is within two hundred (200) feet of any
occupied building.
SECTION 4-6. ENCLOSURE REQUIRED IN KEEPING CERTAIN ANIMALS.
SIZE OF LOTS. It shall hereafter be unlawful for any person
to stable, pasture, feed, breed or keep any hog(s), pig(s), cow(s),
goat(s), horse(s), mule(s), donkey(s), or sheep in any lot, pen,
building, stable or other enclosure in the city, smaller in size,
and dimensions than is required by the following specifications:
For one cow, sheep, goat, horse, mule, donkey, hog or pig, a
lot, pen, building or other enclosure of not less than four hun-
dred (400) square feet shall be required. For each additional
cow, sheep, goat, mule, donkey, hog, or pig in any such lot, pan,
building or other enclosure, an additional four hundred (400)
square feet shall be required.
MANURE BOXES. Each and every lot, pen, building, stable, or
other enclosure in the city in which any of the above named animals,
or other species are kept, fed, bred, stabled, pastured or housed
shall have a manure box not less than four (4) feet square and not
less than three (3) feet deep in which all manure and droppings
shall be placed each day. Each such box shall be securely screened
or otherwise protected from flies, vermin and rodents and shall be
thoroughly cleaned out and disinfected at least once each week. It
shall hereafter be unlawful to pile or stack manure in open stacks
in the city.
ARTICLE III. DOGS AND CATS
SECTION 4-40. VACCINATION REQUIRED.
It shall be the duty of the owner or keeper of each and every
animal which is a member of the cat family or the canine family,
herein referred to as dog, owned, kept, possessed, harbored or
allowed upon the premises of any such person and under his control
in the city, to have such dog or cat vaccinated against rabies by a
legally licensed veterinarian at least once each year. Vaccination
is defined as a protective inoculation against rabies by inoculation
with antirabic vaccine recognized and approved by the U. S. Depart-
ment of Agriculture given in an amount sufficient to provide an
immunity.
SECTION 4-41. DOGS NOT PERMITTED AT LARGE.
it shall be unlawful for any dog owned, possessed, kept, or
harbored by any person to be at large on any street, sidewalk, alley
or other public place or on private premises, including the pre-
mises of the owner except when confined within u fenced area, within
the limits of the City of Denton, Texas, except while %uch dog is
under the immediate and physical control of the owner .~r custodian,
such as by leash or chain adequate to control and hold it. Dogs
going at large are declared to be a nuisance and dangerous to the
public health and safety.
-2-
SECTION 4-43 - SUMMARY DESTRUCTION OF VICIOUS DOGS OR CATS.
If any dangerous, fierce, or vicious dog or cat is found at
large and cannot be safely taken up and impounded, such dog or
cat may be slain by any officer or agent of the city. Proof of
the fact that such dog or cat has attacked or bitter, any person
or animal at any place where such person or animal is legally en-
titled to be shall be prima facie evidence that such dog or cat
is vicious, fierce and dangerous within the meaning of this
article.
SECTION 4-44 - DEFINITION OF "AT LARGE".
"At large" shall mean not under the immediate physical con-
trol of the owner or custodian by leash or chain adequate to con-
trol and hold it or not confined within an area properly fenced in
order to assure that such animal will remain in the fenced area.
SECTION 4-48 - DOGS OR CATS WHICH HAVE BITTEN PERSONS.
If any person shall make written complaint before the city
manager, city attorney or judge of the municipal court that any
dog or cat has bitten any person within the limits of the city,
it shall be the duty of the chief of police to direct the owner
or keeper of sucK dog or cat '.o keep such dog or cat securely
confined so as to absolutely prevent such dog or cat from being
in contact with person or animal for not less than ten (10) con-
secutive days and to release such dog or cat only upon written
permission of the city health officer, or to keep such dog or cat
confined at a veterinary hospital for the same period of time at
the expense of the owner or keeper.
SECTION 4-49 - DISPOSITION OF RABID DOGS OR CATS.
Any dog or cat suffering a bite from a rabid :og or cat or
which displays symptoms of rabies shall be quarantined is a
veterinary establishment at the owner's expense for a period of
at least six (b) months thereafter or shall be confined for such
period in such other place and manner as may be approved by the
city health officer in writing; provided, that if the owner or
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keeper of any such dog or cat cannot be readily i&nntified or
located after reasonable diligence, upon written direction of the
city health officer, such dog or cat shall be destroyed humanely
by or under the direction of the chief of police,
PART II.
Any person who violates any provision of this ordinance shall
be deemed guilty of a misdemeanor, and, upon convic`-ion, shall be
punished by fine not to exceed Two Hundred Dollars ($200.00). Each
day such a violation shall continue or be permitted, shall be
treated as 3 separate offense.
PART III.
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 tho 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 IV.
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of 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 day of August, A. D. 1976.
~,~.71,br IA.
ELIOR2H S,
CITY OF DENTON, TEXAS
ATTEST
Y SECRET
CITY OF DENTON, TEXAS
VED AS TO LEGAL FORMt
J589ko. ~11~
UL . I H , IT TTO Y
CITY OP DENTON, TEXAS
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OATH OF OFFICE
I, EDWARD J. COOKS, JR. do sclemnly
swear (or affirm) that I will faithfully execute the duties of the
office of Board of Adjustment
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
6L 94,
Subscribed and sworn to before me the undersigned on this the 10
day of August , A.D. 19 76 To certify which
witness my hand and seal of office.
EC T R
CITY OF DENTON, TEXAS
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T3NITEI] PACIFIC INSURANCE COMPANY
HOME OFFICE, TACOMA, WASHVNOTON
September 9, 1976
CER ".IFIED MAIL RETURN RECEIPT n's,VII,UESTED
City of Denton
Mayor, Tom Jester
Denton, Texas
Bond No. U79 52 91
Principal ALAN VAN NOSTRAND
C/o MILLARD HEATH & CO., INC.
' I
You are hereby notified that the captioned bond, effective on or about 6-14-76
and executed by UNITED PACIFIC INSURANCE COMPANY, assurety, on behalf of
ALAN VAN NOSTRAND c/o MILLARD HEATH & COMPANY, INC., P.O.DRAWER 19 ,DENTON T 6201
described as T. f'FNSF IN" FOR THE CITY OF DE>,'ON 1000.00
is here b ance a ffective _ 10-U-76 or if such specified date does not provide a sufficient
number o notice, as required, then upon the earliest date permitted,
The issuance of this Cance;lation Notice shall not, however, operate to extend the effective
date of cancellation, if such bond has been canceled upon an earlier date tinder the conditions and
provisions of said bond.
UNITED PACIFIC INSURANCE COMPANY shall not be responsible thereunder for any acts or
defaults committed or loss occurring after the effective date of cancellation, nor for any losses not
discovered in accordance with the provisions of such bond.
Yours way truly,
UNITED PACIFIC INSURANCE COMPANY
026~
By
Attorr,ey-Ir4act Helen N. Smith
CCt ALAN VAN NOSTRAND
C/0 MILIM HEATH & CO.~ INC.
CCs MILLERMAN & M1:d.ERMAN
9bt61416 Ed,171
J
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C
ti LAss ciatlon o6
North Texas Cities
f. 1, 901 0433. FARAIA1 IAA"M ttu4 75331
August 17, 1976
Mayor Eilnor Hughes
City of Denton
Civic Center
Denton, Texas 76201
Dear Mayor Hughes:
The Association of North Texas Cities will meet in
Carrollton, September 22nd and hear a discussion we know you
will find both timely and informative.
Ray Hutchison, an attorney and an authority on the
vagaries of the Texas Legislature, will discuss, "Water for
North Texas the Economic, Legal and Political Necessities
for the Future". As you know, this is an issue of vital
importance to the North Texas area.
Because of Ray's stature in the state, we urge you to
invite not only o rur statop elected an te representative andisenatorias
your
associates, but
well.
pp Please make a note on the meeting date now on your
22ndwill
meeting. you
withimoreninformation.aboutletter Septemberfollow
. Sincerely yours,
George G.~f3rimmer
President
GGG,.cjm '
P. S. Lot me urge you to mail in or bring to the meeting a
resolution making your organization a member of the
Association of North Texas Cities. Thore will be much to be
gained through participation with us.
41114 HAMILL IAMII 11011111/
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North Tees Cities
1/l J{{JJ, /AAMU! IzANCN, T[lA! 7J!!1
June 24, 1976
Mayor Eilnor Hughes
City of Denton
Civic Center
Denton, Texas 76201
Dear Mayor Hughes:
As president of the newly formed Association of North Texas
Cities, I am writing you to bring you up to date on actions taken
by the Association and urge your city to join with us in
identifying and achieving our common goals.
The Association began on June 16, 1976, when bylaws were
ratified (copy enclosed) and officers elected. Named to serve
with me were Dr. Eugene Blackwell, councilman from the City of
Wilmer, vice president; and Davis Hopkins, councilman from the
City of Grand Prairie, secretary/treasurer.
Following formation of the Association, representatives voted
to take their first step toward the common good: A strongly
worded resolution was adopted which urged the Texas Water Rights
Commission to recognize and safeguard the water rights of all
communities within the watershed of the Elm Fork of the Trinity
River. A copy is enclosed.
I am also enclosin; copies of two resolutions by.which the
City Council of Farmers Branch unanimously joined= the Association
and appointed a delegate and alternate to the Association. We
urge you to consider similar actions.
Join us at. our next meeting July 7. We will gather socially
at 6:30 p.m. (dinner at 7:00 p.m.) in the Holiday Inn in
Carrollton ( I. H. 3S east service road north of Valwood Parkway).
Sincerely yours,
m
mer
Gcoige Vri
PresidGGG:cjm
ENC4a
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MAf11, 1114 •f forest! Otto$% 111"CIL Cllr1of Wilmer 11101111Ij1tilly of grand Jrrlrl•
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BYLAWS
• ' .•O i~ ► „ . ' ASSOCIATION OF NORTH TEXAS CITIES
F ,
1. STATEMENT OF PRINCIPLES
A. THERE Am TWO BASIC IDEAS WHICH UNDERLINE THE PURPOSE OF THIS ASSOCIATION:
EXISTING CITY COVERNMtNTS, AS THOSE CIOSFST TO THE PEOPLE, SHOULD BE
q'~ f q ! MAINTAINED AND CONTINUE TO HAVE PRIMARY RESPONSIBILITY FOR MUNICIPAL
SERVICES TO THEIR CITIZENS.
. 2. -CHANGES IN MUNICIPAL SERVICES AND NEEDED REGULATIONS, RESULTING FROM
SCIENTIFIC AND TECHNICAL ADVANCES, HAVE MADE SOME OF THESE SERVICES
AND REGULATIONS PRACTICAL OR ECONOMICAL ONLY WHEN PROVIDED Oi A LARGE
SIZE OR VOLUME BASIS, POSSIBLY INVOLVING MANY CITIES.
S, FUNDAMENTAL PURPOSE OF THIS ASSOCIATION IS TO PROVIDE A FORUM FOR DISCUS-
SION OF COMMON PROBLEMS AND EXPLORATION OF POSSIBLE SOLUTIONS. IN THIS
CONNECTION, THIS ASSOCIATION SHALL ALSO SERVE AS A CHANNEL FOR INFORMATION
ABOUT AND COORDINATION WITH EFFORTS OF OTHER AGENCIES AND ORGANIZATIONS IN
TUTS REGION CONCERNED WITH COM4UNITY DEVEWPHENT. ITEMS TO BE CONSIDERED,
-BUT NOT LLHITED 103
1. PROTECTION OF AND THE OBTAINING OF WATER ON A FAIR AND REASONABLE BASIS
FOR ALL PERSONS WITHIN THE MEMBER CITIES AND TO EXERT A UNIFIED FRONT
. r-, FOR SUCH PURPOSES.
7 .
Z. TO MEET OTHER LOCAL GOVERNMENT NEEDS VIiICH FUTURE DEVELOPMENTS MAY PRO-
. DUCE.
C. A SECONDARY PURPOSE OF THIS ASSOCIATION IS TO PROVIDE A VEHICLE FOR ESTAB-
LISHING, ON A VOLUNTARY BASIS, COOPERATIVE LOCAL SERVICES IN AREAS DEEMED
APPROPRIATE BY THE PARTICIPATING CITIES. THESE SERVICES iiAY BE ACHIEVED
:i•;,;'THROUGH JOINT ACTIVITIES, CONTRACTUAL ARRANGEMENTS, OR OTHER SUITABLE DE-
VICES.
It.. jA%A? ORGANIZATION
A. TEX NAME OF THIS ORGANIZATION SHALL BE "ASSOCIATION OF NORTH TEXAS CITIES",
III. PRINCIPLE PLACE OF BUSINESS
A.'- '1'HB PLACE WHERE THE PRINCIPLE BUSINESS OF IRIS ASSOCIATION SMALL BE TRANS-
ACTED SHALL 83 DETERMINED BY MAJORITY VOTE OF THE ASSOCIATION.
IV, TERM OF ASSOCIATION
A. THE TERM FOR WHICH :'CIS ASSOCIATION SHALL EXIST IS FIFTY (50) YEAkS FROM
AND AFTER DATE OF ORGA4IZATION. '
V. kmzksgll
A. MEMBERSHIP IN THIS ASSOCIATION r.i.'.F.L BE VOLUNTARY AND WILL BE DETERMINED BY
PASSAGE OF A RESOLUTION BY ITS INDIIIDUAL GOVERNING BODY, AND SHALL BE OPEN
TO ANY INCORPORATED CITY, MUNICIPALITY, TOWN, VILLAGE, COUNTY OR SPECIAL DIS-
T'RICT WITHIN THIS REGION OF TEXAS, THE RESOLUTION SHALL INCLUDE RATIFICATION
OF THESE B'TLAWS,
.18 ORGANIZATION '
V
A. .111E COUNCIL OF DELECATBS SHALL BE THE 004ERNINC BODY OF THIS ASSOCIATION.
)MERSHIP OF THE COUNCIL SHALL CONSIST OF ONE DELEGATE FROM EACH MEMBER ,
ENTITY CHOSEN BY TILE GOVERNING BODY OF THAT CITY OR ENTITY.
F C~ IN ORDER TO INSURE REPRESENTATION AT ALL MEETINGS, EACH MEMBER ENTITY SHALL
1SEEND E AS ONE MANY I DELEGA7 ALTERNTOATETHEDELMEETINGSEGATE. ALE RNATEOSHALLZVOTEN
VAY
ONLY IN nit ABSENCE OF 711E PRINCIPAL FROM HIS CITY.
`''•'i logo 1
VI. ORGANIZATION (eontianad)
D. THE GOVERNING BODY SHALL BE RESPONSIBLE FOR THE CENERAL POLICIES AND 40
PROGRAMS OF THIS ASSOCIATION, FOR THE ELECTION OF OFFICERS, AND FOR
' 04MENTS TO THESE BYLAWS.
A QUORUM SHALL CONSIST OF DELEGATES FROM MAJORITY Of THE MEMBER CITIES.
A QUORUM SHALL BE REQUIRED FOR ALL ANNUAL MEETINGS AND FOR ALL OTHER
MEETINGS AT WHICH OFFICIAL ACTON IS TO BE TAXEN.
F. VREN A QUORUM OF THE ASSOCIATION IS PRESENT AT ANY MEETING, THE MAJORITY
VOTE OF THE VOTING MEMBERS, OR THEIR ALTERNATE, PRESENT SMALL DECIDE ANY
QUES'T'ION, UNDER CONSIDERATION EXCEPT BYLAWS.
0. EACH DELEGATE SHALL REPRESENT HIS CITY IN THE MEETINGS OF THE COUNCIL AND
SHALL REPORT TO THE GOVERNING BODY OF HIS CITY REGARDING ACTIVITIES OF
THE COUNCIL AND OF 711E ASSOCIATION. IT SHALL BE THE RESPONSIBILITY OF
1 LAO{ COUNCIL MEMBER TO PILESL47 TO HIS CITY ANY RECOWNDATIONS FROM -THE
COUNCIL FOR OFFICIAL CITY ACIION AND TO REPORT TO THE COUNCIL THE ACTION
IM SUCH RECOMMENDATIONS.
IRl. OFFICERS O: THE COUNCA OF DELEGATES
:'A: THE ASSOCIATION SHALL ELECT A PRESIDENT, VICE-PRESIDENT, AND A SECRETARY/
TREASURER OF THE ASSOCIATION. VACANCY OF ANY SUCH POSITION SHALL BE FILLED
BY ELECTION AND SHALL HOLD OFFICE UNTIL THE EXPIRATION OF THE TERM OF HIS
PREDECESSOR. TER.'MS OF OFFICE OF SUCH OFFICERS SHALL BE FOR ONE YEAR WITH
LLECTIONS TO BE HELD IN MAY OF EACH YEAR. ALL SUCH OFFICERS WILL CONTINUE
TO SERVE IN THEIR RESPECTIVE POSITIONS UNTIL A REPLACEMENT HAS BEEN DULY
ELECTED.
1. DUTIES OF THE PRESIDENT SHALL BEe
1. PRESIDE OVER ALL MEETINGS OF THE ASSOCIATION,
' 2,;° CALL SPECIAL MEETINGS AS REQUIRED HEREIN,
y, 3.I'PERFORM ALL ACTS AND DUTIES USUALLY PERFORMED BY PRESIDENT,
SIGN ALL SUCH PAPERS OF THE ASSOCIATION AS HE MAY BE AUTHORIZED
OR DIRECTED TO SIGN BY THE ASSOCIATION FROM TIME TO TIME, AS WELL
AS ALL OTHER PAPERS PROVIDED BY LAW.
Co DUTIES OF VICE-PRESIDENT
•'1, THE VICE-PRESIDENT SMALL PRESIDE OVER COUNCIL MEETINGS IN THE
ABSENCE OF THE PRESIDENT. IN THE EVENT OF A VACANCY IN THE
...OFFICE OF PRESIDENT, HE SHALL SUCCEED TO THAT OFFICE FOR THE
U AIMDER OF WS TEAM OF OFFICE.
6. DUTIES OF SECRETA YITREASUREA
1. TdE SECRETARY/TREASURER SHALL KEEP THE MINUTES OF ALL MEETINGS,
2,, SHALL RECEIVE ANY MONIES PAID TO THE COUNCIL OR TO THE ASSOCIA-
' TION AND PROVIDE FOR THEIR DEPOSIT AS INSTRUCTED BY TUR COUNCIL,
3. ALL CHECKS OR DEMANDS FOR HONE! OF THE ASSOCIATIO4 SHALL BE SIGNED
BY THE PRESIDENT AND THE SEC,IE'IARY/TREASURER, OR SUCH PERSONS AS
THE ASSOCIATIOY MAY FROH IT& TO TIME DESICNATE,
L. SHALL KEEP ACIbUNTS OF ALT• RECEIPTS AND EXPENDITURES AND REPORT
THESE TO EACH COUNCIL MEETING,
Y11I, MEETINGS ,
A. ASSOCIATION MEETNGS SHALL BE HELD MONTHLY UNLESS OTHERWISE DESIGNATED BY
THE ASSOCIATION. SUCH MEETINGS SHALL BE HELD FOR 711E PURPOSE OF AMENDING
BYLAWS, ELECTING OFFICERS AND CONDVC71NO ANY OTHER BUSINESS WIIICH MAY BE
DEEMED APPROPRIATE.
B, WLI77EN NOTICE OF THE ASSOCIATION MEETiNO SHALL BE SERVED UPON OR ?AILED
10 EACH MEMBER AT LEAST SEVEN DAYS PRIOR TO A MEETING.
C, SPECIAL MEETINGS, FOR ANY PURPOSES OR PURPOSE, SHALL BE CALLED BY THE PRF.SI-
DENT AT THE WRITTEN REQUEST Of AT LEAST 10 PERCENT OF THE TOTAL MEMBERS OR
AT Tilt WILL OF THE PRESIDENT, BUSINESS TKANSACTED AT ALL SPECIAL MEETINGS
SHALL BE CONFINED YO nit OBJECTS AND BUSINESS TO BE TRANSACTED AS IN WRITTEN
NOTICE OF SUCK SPECIAL MEETINO WHILIT SHALL ALSO STATE THE TIME AND PLACE OF
SUCH SPECIAL MEETING.
DUES AND BUDCET
• A. THE ASSOCIATION BY MAJORITY VOTE, SHALL HAVE TUE POWER TO CREATE AND
UT'ABLISH A WORKING CAPITOL FOR THE SUCCESSFUL OPERATION OF THE AFFAIRS
01 THIS ASSOCIATION AS FOLLOWS:
1. ESTABLISHMENT OF DUES FROM EACH MEMBER,
2. ALLOCATING ANY UNUSED SURPLUS FUNDS ON HAND FROM DUES PAID BY
W HERS OR DONATIONS,
3. SOLICITATION OF FUNDS IN THE FORK OF DONATIONS.
B. THE FISCAL YEAR OF THE ASSOCIATION SMALL BEGIN ON THE FIRST DAY OF OCTOBER
IN EACH YEAR.
C. SHE ANNUAL BUDGET, INCLUDING THE DUES STRUCTURE, FOR THE ASSOCIATION SHALL
BE PREPARED, APPROVED, AND ADOPTED BY THE ASSOCIATION ON OR BEFORE THE LAST
DAY OF SEPTEMBER OF EACH YEAR, AFTER A HEARING THEREON.
D, NEW KEMERS MAY JOIN THE ASSOCIATION UPON A PRO-RATA PAYMENT OF DUES FOR
THE REMAINING PORTION OF THE CURRENT FISCAL YEAR.
to A FINANCIAL REPORT SHALL BE MADE AFTER THE CLOSE OF THE FISCAL TEAR AND
BE MADE AVAILABLE TO ALL MEMBERS.
WAIVER OF NOTICE '
A. WHENEVER ANY NOTICE IS REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THE
BYLAWS TO ANY MEMBER, A WAIVER THEREOF IN WRITING SIGNED BY THE PERSONS
ENTITLED TO SUCH NOTICE, WHETHER BEFORE OR AFTER THE TIME STATED THEREIN,
SHALL BE DEEMED EQUIVALENT THERETO.
!I. AMENDMENTS
A. THESE BYLAWS MAY BE ALTERED, AMENDED OR ADDED TO BY WRITTEN BALLOTS FROM
THE IfEMBERS, PROVIDED:
1. THAT NOTICE OF THE CHANCES SHALL CONTAIN A FULL STATEMENT OF THE
PROPOSED AMENDMENT OR AMENDMENTS.
2. THE ENACTMENT OF THE AMENDMENT SHALL REQUIRE A MAJORITY VOTE OF
THE ASSOCIATION AND SHALL NOT BE ADOPTED UNTIL RATIFIED BY THE
GOVERNING BODIES OF TWO-THIRDS (2/3) OF THE MEMBER CITIES OF THE
ASSOCIATION.
R1 t. POWERS AND DUTIES OF THE COUNCIL OF DELEGATES
A. THE COUNCIL OF DELEGATES HAVE THE POWER ANA DUTY TO EXPLORE AND DEFINE
SUBJECTS AND/OR AREAS FOR COOPERATIVE OR JOINT MUNICIPAL ACTION AMONG
THE ?EMBER CITIES.
3. IT SHALL DETERMINE THE MOST APPROPRIATE METHOD FOR ACCOMPLISHING SUCH
ACTION AND RECOMMEND AIOPIIOH OF THAT METHOD TO EACH MEMBER CITY. IT
SHALL PREPARE, OR CAUSE TO BE PREPARED, ANY ORDINANCE OR DOCUMENT NEC-
ESSARY FOR ADOPTION BY THE MEMBER CITIES.
C. IMO RECOMMENDATION OF THE COUNCIL SHALL BE EFFECTIVE UNLESS AND UNTIL
OFFICIALLY ADOPTED BY THE GOVERNING BODIES OF THE HF?1BER CITIES.
5
' AAffA
pap 3
i
uMRS
RESOLUTION NO. 76-016
WHEREAS, there has been formed an organization called the
Association of North Texas Cities for the purpose
of providing a unifying framework for meeting local
government problems and needs, and
WHEREAS, a single municipality has very little impact on the
Regional, State and National level, and
WHEREAS, an effective organization of municipalities could
be very effective.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FARMERS BRANCH, TEXAS:
SECTION 1. That the City of Farmers Branch does hereby join the
Association of North Texas Cities.
• SECTION 2. That the By-Laws of the Association of North Texas
Cities, a copy of which is attached, are hereby
ratified.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCII, TEXAS,
on this the 2t day of Juno ~ --o 1976.
,
/ f VI
May r
NVney AS TO FORM: ATTEST=
0 ' City ,§ecretary
i IPnit :n7:y. r•.I~.I.fPA plLL'A','NL~H~.a~L~l.:~lRq'19.'~P',11 'LYJ ~!.!Y- 7'!17
Ernn.- D"
I' Mb1.b+
FE. i SMS
RESOLUTION NO. 76-017
WHEREAS, the City Council of the City of Farmers Branch, has
joined the Association of North Texas Cities, and
WHEREAS, the City of Farmers Branch has approved the By-Laws
of the Association of North Texas Cities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
'FARMERS BRANCH, TEXAS:
SECTION 1. That Mayor George Grimmer is appointed as delegate
I
to the Association of North Texas Cities and that
Mayor Pro
rem Mitt 13inford is appointed as alternate
member to the Association of North Texas Cities from
the City of Farmers Branch. The terms of office es-
tablished by the By-Laws to expire in may, 1977.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS
on this the 21day of _ Tune„ . 1976. j
APPR VED:
Ma r ~
AP OVED AS TO FO'RM'S ATTEST:
Do,,
City Att Wney City ecrotary
LI! J i O'MA t!1,hCdy •'J 1.:1
(:ITV 014&h1111:!li7J ll. df7: I 1 1'JJAI 0 L$1 u: 1+1,A1.1 11•,.,1JA I% 11f1! I lt,l.& 4!-IJ11.0 I c 1
f~
r
SUPPLEMENT TO
Pt,-APPLICATION FOR FEDERAL AS...STANCE
DATED MAY, 1976
SUBMITTED BY CITY OF DENTON TEXAS
TO IMPROVE DENTON MUNICIPAL AIRPORT
DESCRIPTION OF WORK TO BE ACCOMPiSHEO
ITEM OF WORK TOTAL SPONSORS FAA ESTIMATED DATE
A ESTIMATED COST FUNDS FUNDS WORK WOULD
REQUESTED COMMENCE
NO. DESCRIPTION B C 0 E
1. Land Acquisition for South
Clear Zone, North-South
Runway 158,200 39,550 118,650
2. Land Acquisition for 800-Soot
Extension, North End, North-
South Runway, For North
Clear Zone and for MALSR
installation and Middle and
Outer Marker Site 26%850 67,462.50 202, 387.50
3. Strengthen Existing 4150-
foot North-South Runway and
Taxiway System 506j000 126, 500 379,500
4. Extend North-South Runway
and Taxiway 1050-feet to
South. 491,000 122,750 368,250
5. Extend North-South Runway
and Taxiway 800-feet to
North. 343,000 85,750 7.57,250 -
6. Relocate Farm Road 1515 on
North end, North-South Run.
way, 84l000 210000 63, 000
7. Construct Medium Intensity
Runway Lighting System on
6000-foot North-South Runway
and Taxiway System and con.
struct Rotating Deacon,
Lighted Windcone and Seg-
mented C.rclo 800000 20, 0d 600000
8. Relocate Existing VASI-2 and
Convert to VAST-4. 250000 61250 18, 750
' SUPPLEMENT TO
Pk,APPLICATION FOR FEDERAL ASS1JTANCE
DATED MAY, 1976
SUBMITTED BY CITY OF DENTON TEXAS
TO IMPROVE DENTON MUNICIPAL AIRPORT
DESCRIPTION OF WORK TO 8E ACCOMP:SHEO
ITEM Or WORTS TOTAL SPONSOFes FAA ESTIMATED DATE
A ESTIMATED COST FUNDS FUNDS WORK WOULD
REQUESTED COMMENCE
NO. DESCRIPTION B C D E
9. Construct Precision Instru-
ment Marking on 6000-foot
North-South Runway and
Taxiway. 36,500 9,125 27,375
10. Strengthen and Extend
Existing Aircraft Parking
Apron, 1 a4, 000 46j000 138, 000
11. Clear Approach Areas on
North and South End, 6000-
foot North-South Runway. 20000 500 11500
12. Mark and light TP&L 139kv
Power Transmission Line on
South End, North-South
Runway. 3, 500 875 2o625
13. Mark and light TP&L 60kv
Power transmission line on
North End, North-South
Runway. 50000 10250 3, 750 -
14. Relocation Costs Z00000 50000 150-000
TOTALS 202080050 552, 012. 50 , 656, 037. 50
.JL
ITEM I - LAND ACQUISITION FOR SOUTH
CLEAR ZONE, NORTH-SOUTH
RUNWAY
Item 1 consists of acquiring approximately 45 acres of land,
fee simple title, at the south end of the North-South Runway for clear
zone.
ESTIMATE OF COST
Item Description Quantity Unit Unit Price Amount
1 Land for Clear Zone 45.2 Acres $3,500 $158,200
Total $158,200
ITEM 2 - LAND ACQUISITION FOR 800-FOOT
EXTENSION, NORTH END, NORTH-
SOUTH RUNWAY FOR NORTH CLEAR
ZONE AND FOR MEDIUM APPROACH
LIGHTING SYSTEM - RUNWAY END
IDENTIFIER IGHTS (MALS-R) 4
Item 2 consists of a {quiring land as follows:
1. Approximately 10. 24 acres of land for an 800-foot extension
on the north end of the North-South Runway.
2. Approximately 64.26 acres of land for a clear zone on the
north end of the North-South Runway.
3. Approximately 3.4 acres of land for the installation of a
Medium Intensity Approach Lighting System with Runway End
Identifier Lights (MATS-R).
-1-
1
4. Approximately 0. 1 acres of land for middle marker site
located 2, 000 feet to 6,000 feet from the runway threshold and an
outer marker site located 4 to 7 miles from the runway threshold.
ESTIMATE OF COST
I
Item Description Quantit Unit Unit Price Amount
1 Land for 800' ExL°nsion 10.24 AC $3,500 $ 35p840
2 Land for North Clear Zone 64.26 AC 3,500 224,910
3 Land for MALSR 2.4 AC 3,500 8,400
4 Land for Middle Marker 0.1 AC 3,500 350
5 Land for Outer Marker 0.1 AC 3, 500 350
Total $269,850
ITEM 3 - STRENGTHEN EXISTING 4150-FOOT
NORTH-SOUTH RUNWAY AND TAXI-
WAY SYSTEM
Item 3 consists of constructing abituminous pavement overlay of the
existivg 41501 x 150' portland cement concrete North .South Runway and
Taxiway. A study of potential aviation activity at Denton Airport in-
dicates a need to improve the facilities to accommodate business jet
aircraft. Included in the required improvements is strengthening the
existing runway and taxiway pavement to accommodate aircraft having
a maximum gross weight of 60, 000 pounds. Investigations have determined
that the existing concrete pavementvaries in thickness from 5. 5 inches
to 7 inches, and that the flexural and compressive strengths are high.
-2-
Although plate bearing tests on the existing runway and taxiway pavement'
were not within the scope of the preliminary investigation, other tests
indicate that tha modulus of subgrade reaction (K) of the subgrade beneath
the existing pavement is in the range of 90 pounds per cubic inch. A
preliminary analysis of the overlay thickness required for the runway
and taxiway is as follo•.vs:
r
Design Aircraft Weight: 60, 000 pounds on Dual Gear
Traffic Level: 1200 Annual Departures
Approximate Modulus of Subgrade Reaction (K) = 90 PCI
Working Stress = Flexural Strength = 650 - 372 psi
Safety Factor 175
Existing Thickness (he) = 6 inches
Overlay Thickness (t) = 2. 5 (Fn - Cb he)
Where F = Factor which controls cracking of base pavement.
h = Single Thickness of rigid pavement required for design
conditions.
Cb = Condition Factor for base pavement.
He = Thickness of existing rigid pavement in inches.
Based on a K value of 90 and an annual traffic of 1200 departures the
F value is 0. 90.
The Condition Factor (Cb) has been judged to be 1. 0.
_3_
For Design Conditions: Working Stress = 372
K = 90
A/C Wt = 60, 000
h = 8. 4 inches
(Fig 3-11 AC 150/5320/6B)
Therefore:
t =2.5 (0.9x8.4 - 1.0x6)
t = 3. 71 USE 4" BUdminw.-s
Overlay on N -S'.
Runway & Taxiway
Cross sections of the existing 4150' x 150' N IS Runway were used to
establish preliminary grades and cross slopes on the proposed surface of the
bituminous overlay pavement. Quantities of bituminous overlay pavement used
in the prelimin->ry estimate were calculated from the cross sections.
ESTIMATE OF COST
Item Description Quantity Unit Unit Price Amount
1 Rout exist redwood expansion
joints 80 300 L. F. $ 0.50 $ 40150.00
2 Reseal expansion joints 8,300 L. F. 0.45 3,735.00
3 Rout existing longitudinal
construction joints 190 700 L. F. 0.50 9,850.00
4 Reseal longitudinal con-
struction joints 26,250 L. F. 0.45 11, 812.50
5 Clean transverse joints L L. S. 5$000 5,000.00
6 Tack Coat 100000 Gals. 0.60 6, 000.00
7 Hot Mix Asphaltic Concrete 21,150 Tons 18.00 380, 700.00
Subtotal $421,247.50
Contingencies and Engineering 84o752.50
Total $506, 000.00
.4-
~ k~
. ~
•
'7 .
EASEMENT
THE STATE OF TEXAS X DEfD RECORDS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON X 14713
That JOE A. BELEW AND ERNEST F. SIMPSON 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, receipt of which is hereby acknowledged, do by these
presents grant, bargain, sell and convey unto the City of Denton,
Texas, the free and uninterrupted use, liberty and privilege of
the passage in, along, upon and across the following describ3d
property owned by them and being situated in the County of
Denton, State of Texas and more particularly described as follows:
All that certain lot, tract or parcel of land lyit, being
situated in the City and County of Denton, State of and
being part of the Wm. Loving Survey, Abstract No, 759, eing
part of a tract of land as conveyed from Jimmy L. Madewo, It
Edwin L. Owens, J. Glen Savage and Joe Belew by deed dated
November 5, 1974, and recorded in Volume 726, Page 543 of the
Deed Records of Denton County, Texas, and more particularly des-
cribed as follows:
FIRST TRACT
BEGINNING at a point in the south boundary line of said tract,
same being the north right of way line of Highland Street, said
point of beginning being 80.25 feet south 890 52' west of the
southeast corner of said tract, same being the intersection of
the north right of way line of Highland Street and the west right
of way line of Center Street;
THENCE south 890 52' west along the south boundary line of said
tract, same being the north right of way line of Highland Street,
a distance of 16 feet to a point for a corner;
THENCE north 00 08' west a distance of 46 feet to a point for a
corner;
THENCE north 890 52' east a distance of 16 feet to a point for a
corner;
THENCE south 00 08' east a distance of 46 feet to the place of
beginning and containing 736.OO,square, feet of land, more or less.
SECOND TRACT
BEGINNING at a point in the south boundary line of said tract,
same being the north right of way line of highland Street, said
point of beginning being 343 feet south 890 52' west of the south-
east corner of said tract, same being the intersection of the north
right of way line of Highland Street and the west right of way line
of Center Street=
THENCE south 896 52' west along the south boundary line of said
tract, same being the north right of way line of Highland Street
a &istance of 16 feet to a point for a corner;
i VOL 797 PAGE 637
VOL 797 PAGE 638
THENCE north 0° 08" west a distance of 166.8 feet to a point for
a corner;
THENCE north 890 52' east a distance of 60 feet to a point for
a corner;
THENCE north 0° 08' west a distance of 13 feet to a point for a
corner;
THENCE north 890 52' east a distance of 16 feet to a point for a
corner;
THENCE south 01. 08' east a distance of 13 feet to a point for a
corner;
THENCE north 890 52' east a distance of 176.2 feet to a point for
a corner;
THENCE north 00 08' west a distance of 13 feet to a point for a
corner;
THENCE north 890 52' east a distance of 16 feet to a point for a
corner;
THENCE south 00 08' east a distance of 13 feet to a point for a
corner;
THENCE north 890 52' east a distanceof 74.8 feet to a point for
a corner, said point being a distance of 16 feet west of the
east boundary line of said tract, same being the west right of
way line of Center Street;
THENCE south 00 08' east a distance of 16 feet to a point for a
corner;
THENCE south 890 52' west a distance of 327 feet to a point for
a corner;
THENCE south 00 08' east a distance of 108.8 feet to a point for
a corner;
THENCE north 890 52' east a distance of 42 feet to a point for a
corner;
THENCE south 00 08' east a distance of 16 feet to a point for a
corner;
THENCE south 890 52' west a distance of 42 feet to a point for a
corner;
THENCE south 00 08' east a distance of 26 feet to the place of be-
ginning and containing 8,988.8 square feet of land, more or less.
And it is further agreed that the said City of Denton, Texas
in consideration of the benefits above set out, will remove from
the property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and
perpetually maintaining public utilities, in, alc,.,g, 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 ingresF, 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 electric util-
ities or any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton as aforesaid
for the purposes aforesaid the premises above described.
WITNESS our hand this the day of August, A. D. 1976.
&Zz~_
JOE A. BE E LE
na o
ERNEST F. MPSON
THE STATE OF TEXAS X
COUNTY OF DENTON X
BEFORE ME, the undersigned authority in and for said County,
Texas, on this day personally appeared JOE A. BELEW and ERNEST F.
SIMPSON, known to me to be the persons whose names are subscribed
to the foregoing instrument, and acknowledged to me that they exe-
cuted the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of
August, A. D. 1976.
i
.tit0i3!3p
WARY PUBLIC IN AND FOR 1.,
DENTON COUNTY, TEXAS , 7
My Commission expires June 1, 1977. ~
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ORDINANCE NO. 76-39
AN ORDINANCE by the City Council of the City of
Denton relating, to the relationship of the
City of Denton with the Texas Municipal Power
Agency; approving, the construction of an
electric generating, facility by the Agency,
to be known as Bryan Lignite Number One, as
well as certain System Development and Re-
liability Expenditures and Development Pro-
jects and the issuance of bonds by the said
Agency for such purposes; approving a Power
Sales Contract and providing for its exe-
cution on behalf of this City; enacting
other provisions incident and related to
the purp,ise of the ordinance, and repeal-
ing conflicting ordinances or resolutions,
and declaring an emergency.
11L'IREAS, this governing body has received the request
of the Board of Directors of the Texas Municipal Power
Agency that this governing body approve (1) the construction
of an electric generating, facility by the Ay,ency, to be
known as Bryan Lignite Number One, anti (2) certain System
Development ;end Reliability Expenditures, and (3) certain
Development Projects, and (4) a Power Sales Contract; and
WHEREAS, thi:, governing body has and does hereby deter-
mine that it is in the best interest for the City and its
inhabitants to approve the same and the issuance of bonds by
the Agency to provide a portion of the funds which will be
required; T>w, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENTON. TEXAS:
SECTION l: That attached hereto (and made a part
hereof Tor M purposes) is a copy of the Resolution adopted
by the Board of Directors of the Texas Municipal Power
Agency, which, among other things, descrilcs and approves
Bryan Lii•,nite Number one as a Project, certain System Develop-
ment and Reliability Expenditures, Development Proj., and
a Power Sales Contract.
SEC'T'ION 2: That this. governing body' hereby approves:
(a) Bryan Lignite Number One as a Project; and
(b) The System Development and Reliability
Expenditures described in the attached
Resolution; and
The DeveZ!pment Projects described in
(c)
the attached Resolution, and
(d) the issuance of Bonds by the Agency in
the principal amount of $5u,U00,000.
Such approval is given irrespective of whether the ultimate
the
enueprojects Sfinanced by and
ownership int.,est of the Agency
Texas Municipal Power Agency
the Texas Municipal Power Agency Revenue Bonds, Series 1976,
is 100% or 60% or some percentage between 60% and 1001;, it
being; ttnderstuod that no entity other than the Agency,
Brazos Electric Power Cooperative, Inc., will initially have
an owmership interest. As gito keep gThis encyC with
Brazos proceed, the Agency is requested
advised of progress.
SFrTTON 3: This governing body reserves consideration
of San ;;iguer-Lignite Number One, and the save is not, cat
this time,'approved as a Project.
SECTION 4: That the form of bond resolution (being
designat:,3-as "Proof of 8-23-76") which embodies the suf!.gested
terms znd conditions ',ender which $50,000,000 in principal
amount of the bonds of the Agency shall be issued (such
bonds to be dated September 1, 1976, with interest payable
semiannually thereafter on March 1 and September 1 of each
year) is hereby approved. It is un.lerstood that certain
final details of thr bonds will be inserted and other blanks
completed, but no :..obstantial change is to be made in Article
III through Article VI nor shall any change be made which
would cause the Bond Resolution to be contrary to the Power
Sales Contract.
SECTION 5: That the Power Sales Contract by and between
the Texas~gunieipal Power Agency and this City (the same
being identical contracts between said Agency and the Cities
of Bryan Denton, Garland, and Greenville), being attached
hereto, is hereby approved. The Mayor of this City is
hereby authorized to execiite said as the act and
deed of this City and its governing body.
SEC'T'ION 6: All ordinances or other actions heretofore
taken-wFi c are it may be contrary to the ,provisions hereof
or the provisions of the Power Sales Contract authorized to
be executed are hereby repealed.
SECTION 7: That the public importance of this measure
and tfid-fact Lhat it is to the best interest of the City to
approve certain documents and the execution of a Power Sales
Contract with the Texas Municipal Poorer Agetrcy at the earliest
possible time in order that the joint project of the Cities
of BryanI Denton, Garland and Greenville t(to be accomplished
through said Agency) may proceed,
i ~ • , I
1
emergency and urgent public necessity requiring that this
ordinance take effect and be in full force from and after
its passage, and it is so ordained.
PASSED AND APPROVED this the cZT day of August, 1976.
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CZ^~+.Oe _ a-
Mayor, City- of Dentogi Texas
ATTEST:
City Secrye ary, City o Denton, Texas
(City Seal)
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E X H I B I T
A RESOLUTION by the Board of Directors of the
Texas Municipal Power Agency relating to the
approval of Bryan Lignite Number One as a
Project; approving certain expenses as System
Development and Reliability Expenses and
Development Projects; making provision for
notification of the adoption of this resrllution
to the governing bodies of the Cities of Bryan,
Denton, Garland, and Greenville; approving a
Poser Sales Contract and providing for its
execution; resolving other matters incident
And related to the purpose of this resolution;
repealing a certain resolution heretofore
adopted; and providing an effective date.
WHEREAS, this governing body has reviewed the necessity
for the immediate institution of a program to acquire a new electric
generating unit so as to provide the electric power and energy
which will be needed to supply the needs of the Cities of Bryan,
Denton, Garland and Greenville; and
WHER`?AS, the Brazos Electric Cooperative, Inc. (hereafter
called Brazos) has heretofore acquired a 3% undivided ownership
interest in the project financed with the proceeds of the "Texas
Municipal Power Agency Revenue Bonds, Series 1975", and for a two
year period after the retirement of such bonds may give notice of
its intent to increase its ownership up to 40%; and
VJEREAS, the Board of Directors of Brazos has heretofore
adopted a resolution (on the 28th day of July, 1976) indicating a
possible desire to adjust its percentage ownership in the previous
and proposed projects, a copy of such resolution being attached
hereto; and
WHEREAS, this board has, in the course of discussions and
negotiations, been assured that Brszrd is willing to give further
consideration to :he Agencq's acquisition of an ownership interest
in or a firm right to purchase power and energy from the San Miguel
Uric One lent (up to 25%, which would be one-half of the interest
of Brazos which is now being developed by Brazos in cooperation
with the South Texas Electric Cooperative, Inc.; and
WHEREAS, San Miguel Unit Number One is presently
scheduled to be operative in 1980 at approximately 40% of
capacity and in 1981 at approximately 80% of capacity, such
unit being designed to provide 400 1fd; and
WHEREAS, the load studies of the electric systems of
Brazos and the Cities completed by the Agency indicate there is
need for two generating units of the capacity of San Miguel
Number One and Brazos Lignite Number One to be placed in service
in order to meet the projected load requirements of the Cities
and Brazos, but that it would not be necessary for Brazos to
increase its ownership interest (and therefore the right to take
power and energy in direct proportion to its percentage of
ownership in Bryan Lignite Number One) unless the Agency acquires
an ownership interest in or firm right to power and energy from
San Miguel Unit Number One, and that the foregoing is also the
current position of Brazos in the negotiations; and
WHEREAS, it appears to this Board that consideration
should be given to the suggestion of exploring the possibility of
making both the San Miguel Unit Number One and Bryan Lignite
Number One joint Projects of the Agency and Brazos; and
WHEREAS, at the time of the prior approval of Bryan
Lignite Number One by this Board it was contemplated by this
Board that the undivided ownership interest of Brazos would be
1% and the Agency 99%, and in the light of the foregoing it is
proper for this Board to reconsider Bryan Lignite Number One as
a Project; now, therefore,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TEXAS
MUNICIPAL P014ER AGENCY:
SECTION 1: That all of the recitals contained in the
preamble herd are found to be true and are adopted as findings
of fact by this Board. The resolution of the Board of Directors
of Brazos (mentioned in the preamble) shall be attached to this
resolution and is made a part hereof for all purposes.
SECTION 2: That Bryan Lignite Number One is hereby
approved as a Project of the Texas Municipal Power Agency, such
Project being described as follows:
1
An electric generating plant (including land),
steam boiler; steam turbine, electric generator;
cooling facilities; associated transmission,
transformation and switching facilities so as to
connect the plant to existing or proposed facilities;
a lignit& mine; railroad siding; shops; warehouses;
construction camp; office; dwellings and other
structures, fixtures, equipment, supplies or other
items which this Board finds are needed or useful
in connection with the construction, maintenance,
and operation of the plant (and providing fuel for
the same) so the electric generating plant shall be
placed in service as an operating utility.
SECTION 3: It is anticipated that such initial generating
plant will nu'6_ea steam turbine acting as the prime mover of an
electric generator of approximately 400,000 kilowatts (net). The
steam boiler, steam turbine and electric generator will be of the
outdoor type with all other equipment relating to plant services
and control enclosed in appropriate buildings.
It is planned that plant cooling facilities are to be in
the form of a pond supplied from underground water supply or the
water purchased from an existing water-storing entity in the area
for make-up water or by impounded water.
The strip mining operation includes equipment for
excavation and transportation and the Project includes communication
equipment; all necessary permits, licenses; developmental rights;
easements, right-of-way; approvals certificates of state and federal
agencies where applicable; real estate and interest in properties
where necessary.
That the System Development and Reliability Expenditures
include:
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(a) Olinger - Greenville Transmission Line - the
estimated balance required to provide survey, right of way,
line construction, interconnection and engineering for a new
20 mile 138 KV transmission line from Greenville to Olinger.
(b) Bryan Capacitors Bank - to prevent Bryan from
experiencing severe voltage drop during certain pooling
contingencies, 21.6 MVAR of 69 KV capacitor banks are to be
placed in service.
(c) Bryan interconnection - a 20 mile 138 KV line from
Hearne to Bryan to provide transmission interconnection and
reliable back up for the new 100 MW Dansby unit scheduled for
completion in 1978.
(d) Garland 345 MVA line (right of way) - to deliver
power from Comanche Peak and Bryan Lignite Number One to
Garland and Greenville, a 345 KV line, two double circuit
138 KV lines, and a 500 MVA 345/138 KV autotransformer will
be required. A 345 KV substation is to be located in Northeast
Garland. Right of way is to be acquired at this time since
the completion date is now scheduled as June, 1980.
(e) Denton interconnection - improvement program to
provide firm transmission supply to over 231 MW of lead in
Denton and Roanoke area, including the conversion )f portions
;f an existing 69 KV transmission system to 138 KV operation
.ind two new 138 KV interconnections. Rights of way and
substation site purchases are to proceed immediately.
(f) Fuel exploration and acquisition program - the
search for fuel for projects other than Bryan Lignite Number
One.
(g) Microwave Communication - continuation of the
development of a communication system begun with the initial
financing of the Agency.
(h) Economic Dispatch Studies - continuation of studies
(begun with proceeds of initial financing by the Agency) operating
the most efficient and economical generating units.
ty '
SECTION 4: That it is proposed that bonds of the Agency
be issued inert a-principal amount of $50,000,000, that the bond
proceeds be expended for the purposes shown below:
I. Application of Proceeds (Estimated)
Construction Fund $27,050,855
Capitalized Interest (2 years
at 7-1/2%) 7,500,000
Capitalized Reserve 4,074,145
Legal, Fiscal 750,000
Refunding of ries 1975 Bonds 10 625.2.000
TOTAL,
*Plus accrued, unpaid interest
thereon. .
II. Application of Construction Fund
A. Projects - $22,664,000
1. Bryan Lignite
B. System Development & Reliability $3,386,885
1. Transmission
a. Greenville/Olinger Line
b. Bryan Capacitor Bank
c. Bryan Interconnection
d. Garland 345 MVA Line
(right of way)
e. Denton Interconnection
2. Other
a. Fuel exploration and
acquisition Program
b. Microwaive Communicatioi.s
System
c. Economic Dispatch System
C. Development Protects - $1,OOO,GO10
1 - o lTage Sendic Pumped Storage
2. Miscellaneous Preliminary
Projects
That the estimated expenditures are subject to adjustment and
finalization as preliminary estimates at such time as the bonds
of the Agency are sold and definative construction bids are
received. A tentative budget shall be prepared when bonds of
the Agency are sold and then revised as construction bids are
received.
SECTION 5: Approval is given to Bryan Lignite Number
One as a Project, and the System Development and Reliability
Expenditures and Development Projects are also approved,
irrespective of whether the ultimate ownership interest of the
same by the Agency is 100% or 60% or some Percentage between
60% and 100%. The Executive Director is authorized to cause
representatives of the Agency to work with representatives of
Brazos to determine the amount of ownership interest that Brazos
is to acquire.
SECTION 6: That a copy of the preliminary engineering
report of R. W. Beck and Associates has heretofore been supplied
to each of the Cities of Bryan, Denton, Garland and Greenville
and to Brazos.
A copy of this resolution shall also be transmitted
to each of said Cities with the request that the Project (B-yan
Lignite Number One), System Development and Reliability Expendi-
tures and the Development Project be approved by them. Neither
the Agency nor Brazos have approved (at this time) the partici-
pation of the Agency in the San Miguel Number One Unit, and the
Agency recognizes the same would be submitted to the Cities for
consideration as a Project prior to the time a firm agreement
with Brazos is possible, assuming determinations are made that
the two units should be joint Projects of the Agency and Brazos.
A copy of this resolution shall also be forwarded to
the Exectuive Vice-President and General Manager of Brazos as
an indication of the intention of this Board to consider the
matters suggested in the attached resolution and endeavor to
reach a mutually satisfactory agreement.
SECTION 7: That the Power Sales Contract by and
between this ggency and each of the Cities of Bryan, Denton,
Garland and Greenville, Texas, the same being attached here-
to and made a part of this resolution for all purposes, is
hereby approved.
The President of the Board of Directors is hereby
authorized and empowered to execute the said contract for and
on behalf of Texas Municipal Power Agency and as the act and
deed of said Agency and this Board of Directors.
SECTION 8: The resolution of this Board adopted
on the 15th a~f-7uly, 1976, being entitled as follows:
"A RESOLUTION by the Board of Directors of the
Texas Municipal Power Agency relating to the
approval of Bryan Lignite Number One as a Project;
approving certain expenses as System Development
and Reliability Expenses and DP•;elepment Projects;
making provision for notificrtion of the adoption
of this resolution to the governing bodies of the
Cities of Bryan, Denton, Garland, and Greenville;
resolving other matters incident and related to
the purpose of this resolution."
is hereby repealed.
SECTION 9: This resolution shall be effective
upon adoption.
PASSED AND APPROVED this 26th day of August, 1976.
/s/ C. E. Duckworth
res ent, oar o rectors
Texas Municipal Power Agency
ATTEST:
/s/ Jim White
Secretary, oar o rectors
Texas Municipal Power Agency
CERTIFIED CbPY OF REOLUTION
AUTHORIZING PARTICIPATION IN TMPA
PROJECTS
On motion by John Fought and seconded by Bill Parker s
the following resolution was adopted:
WHEREAS, the Brazos Electric Power Cooperative, inc. on September 15, 1975 entered
into a participation agreement with the Texas Municipol Power Agency for a minimum of 3%
participation in joint TMPA - Brazos projects with an option for Brazos to participate up to
40°1° and with Brazos guaranteeing 25°n' of the $10 million loon procured by TMPA under the
dote of October 30, 1975; and
WHEREAS, It was the intent of TMPA to obtain additional loan funds within a 12monih
period of time for further development of the projects initiated with the $10 m111Ton loan and
to repay she $10 million loan with the proceeds of such new loon; and
WHEREAS, TMPA in order to accomplish such objective must act before September 15,
1976 and has informed Brazos that its legal counsel reports that unless Brazos participates in +
such new loan at least to the extent of 10% TMPA will be unable to sell or interchange with
Brazos any portion of a generation project which may be developed from such new loon; and
WHEREAS, Brazos is desirous of maintaining its position of flexibility to pcrticipote
in projects Brazos is developing with TMPA, more specifically the ITgnTte project in the
vicinity of Bryon, Texas; and
WHEREAS, such flexibility is Imperative in the light of current ne,7otiotions with TMPA
for its participotion in the Brazos - South Texas Electric Cooperative Sor Miguel project;
NOW, THEP.EFORE, BE IT RESOLVED that Ross A. Segrest, Execut':ve Vice President
end General hiarvsger of the Brazos Electric Power Cooperative, inc. F,e and hereby is
authorized to enter into an agreement with the Texas Municipal Power Agency which
guarantees portfcipotian by Brazos to the extent of 1`>0 of projects des eloped under the
$50 million bond issue proposed by TMPA and with the provision that Brazos can participote
with TMPA in the ownership of generation and transmission projects with such minimum owner-
ship being 1% but with an option for Brazos to acquire up to 40% with such ogreement being
subject to tho approval of the Brazos Power Committee and the Rurol Electrification
Administration; and
BE IT FURTHER RESOLVED that the above described agreement will be substituted for
and replace the current 3°io participation ogreement with TMPA and relieve Brazos of the
obligation for guaronfeaing any percentogo of the $10 million loon heretofore procured by
TMPA or the $50 million loan proposed to be procured by TMPA with the undentonding that
such funds which Brazos has already paid under the 3% porticipotion agreement be applied
toward its obligation under the 1%participation agreement.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I, Robert H. Bunting, Secretory of the Brazos Electric Power Cooperative, Inc, do hereby
certify that the above and foregoing is a true and correct copy of a resolution duly passed at
a specfat meeting of the Board of Directors of said Cooperative, held at Waco, Texas on the
2341 dap of July, A.D. 1976.
3Tv2n under my hand and teal of said Cooperative, this the 28th day of July 1976.
z1.
Robert Bunting, "retary
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POWER SALES CONTRACT
BETWEEN
TEXAS MUNICIPAL POWER AGENCY
AND
CITY OF BRYAN, TEXAS
CITY OF DENTON, TEXAS
CITY OF GARLAND, TEXAS
CITY OF GREENVILLE. TEXAS
•
Ditcd: Scptcmbcr 1, 1976
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TABLE OF CONTENTS
Pogo
Section 1: Term of Contract. . 1
Secd.,n 2: Definitions. 1
Section 3: Sale and Purchase of Power and Energy 3
Section 4: Performance of Certain Services. 4
Section 5: Delivery of Power and Energy. 5
Section 6: Annual System Budget. . , 5
Section 7: Rates and Charges... 6
Section 8: Meter Readings and Payment of Bills. . 7
Section 9: Meter Testing and BiIling Adjustment . 7
Section 10: Payments to Constitute Operating Expenses of City System. . . 7
Section 11: City Rate Covenant 7
Section 12: Covenants of the Agency 7
Section 13: Proje:t Approval and Rights of Cities
when a Project is not Approved, 8
Section 14: Debt Service Guarantee; Operating and
Maintenance Expenses 10
Section 15: Remedies in Event of Default . 11
Section 16: Recreation of Agency 12
Section 17: Payment Due Dates and Delinquency 12
Section 18: Power Sales Contracts . , . 13
Section 19: Continuation of Services . 13
Section 20: City Not to Sell its Electric System 13
Section 21: Assignment of Rights of a City.. . . 13
Section 22: Dissolution of the Agency 13
Section 23: Force Majeure . 13
Section 24: Insurance. I4
Section 15: Reports . 14
Section 26: Records and Accounts. . . 14
Section 27: Access 14
Section 28: Governmental Rates, Regulations and Laws. 14
Section 19: Easements 15
Section 30: Cancellation of Prior Contract 15
Section 31: Notices . i5
Section 32: Severability . IS
Section 33: Contracts to be Separate . 1s
Exhibit A 17
Schedule B 19
0)
POWER SALES CONTRACT
BETWEEN
TEXAS MUNICIPAL POWER AGENCY
AND
CITY OF BRYAN, TEXAS
CITY OF DENTON, TEXAS
CITY OF GARLAND, TEXAS
CITY OF GREENVILLE, TEXAS
This Contract, made and entered into as of the 1st day of September, 1976, by and between
the Texas Municipal Power Agency, a municipal corporation and political subdivision of the State
of Texas, and the City of Bryan, the City of Denton, the Pity of Garland, and the City of Greenville,
Texas each of which cities is a municipal corporation of the State of Texas and a home rule city
(herein collectively called "Cities" or individually called "City").
WITNESSETH:
WHEREAS, each City has need for an economical, reliable source of Power and Energy to meet
the growing demands of its customers and has determined to purchase such Power and Energy from
the Agency; and
WHEREAS, the Agency proposes to construct or acquire electric generating plants and transmission
lines or to acquire ownership interests therein, and to purchase or otherwise obtain Power and Energy
for the purpose of supplying Power and Energy to each City and others; and
WHEREAS, each City desires to purchase, and the Agency desires to sell Power and Energy on
the terns and conditions herein set forth;
Now, THEREFORE, in cons;deration of the mutual undertakings herein contained, the Agency
and each City agree as follows:
Section It Term of Contract. This Contract shall become effective upon the delivery to the
Agency of the proceeds of the initial series of Bonds. Subject to the provisions of Sections 16 and
19 hereof, this Contract shall remain in effect for a period of thirty-five (35) years from the date
hereof or until such time as all of the Debts of the Agency shall have been paid (or provision for such
payment shall have been made), whichever is later.
Section 2. Definitions. As used herein:
(a) "Act' shall mean Chapter 166, Acts of the 63rd Legislature, Regular Session, 1973, as amended
by Chapter 143, Acts of the 64th Legislature, Regular Session, 1975, and all 1-ws amendatory thereof
or supplemental thereto.
(b) "Agency" shall mean the Texas Municipal Pov,.r Agency as created and established (pursuant
to the Act) by concurrent ordinances adopted by the Poverning bodies of the Cities, or its successor.
(e) "Annual System Costs" shall mean, with respect to a Contract Year, and to the extent not
paid or to be paid from the proceeds of Bonds or other funds legally available to the Agency, all
costs and expenses of the Agency that are paid or incurred during such Contract Year and are allocable
to the System, including, but not limited to the payment of the Operating and Maintenance Expenses of
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Denton I S D School District
(DISTRICT) and City of Denton
STATE OF TEXAS
COUNTY OF
AFFIDAVIT OF SWORN TESTIMONY:
I~ S P46-" A do solemnly swear or affirm that
the testimony I shall Dresent to this 19]4 Board of Equalization is true
and correct to the best of my knowledge and belief.
SWORN or AFFIR`4ED to on this day of 19:9
by
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Witness: 1 p.~.
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CITY OF DENTON
Minutes of thi Board of Equalization for Year 1976
The Board of Equalization convEned August 2, 1976 at 9:30
A. M. in the Tax Office of the Denton Independent School District,
215-B East Oak Street, Denton, Texas,
Present: Board members, Raymond Pitta, George Bertine,
Robert 9peake, 'Tax Assessor-Collector L. Ludwig, of the Denton
Independent School District and Tax Assessor-Collector Hugh Mixon,
of the City of Denton,
The Ogth of Office was given the Board members,
Raymond Pitta, was elected Chairman of the Huard and was informed
that due notices of the Board of Equalization meetings had been given
and proper publication had been made, Chairman Pitts, stated that the
Board was now ready for business; whereupon the Board proceeded with
the following Protests:
Monday, August 2, 1976 9:30 A, M.
City Value Set
Name Account No. Rendered Assessed By Board
40% 40% 40%
Charles Davis for
Denton Concrete 9030-00600 1460000. 440000,
Cliff Reding for
Reding Advertising 9180-01303 1,300, 200.
r
Jerry 2eff for
Skillerns #6044 9190-03700 21,710. 609000, 60,000.
Skillerns 06057 9190-03703 16,920. 520000, 529000,
Zale's Corp. 9260-00100 13,710. 320000, 250000.
R. C. Storrie for
Travelstead Auto Parts 9200-03600 17,000. '.70000.
S. Be Frost for
Frost Oro., Car Wash &
Service Station 9050-02800 81000. 40160.
(Recess 11:40 to 1:30)
Terminex International
by letter 9200-01115 160. 160.
Bill Utter for
Bill Utter Ford 9210-01600 110,710, 1109710.
(lease care included in this account)
Be W. Conn for
One Hour Martinizing 9150-00400 39000. 20000,
Kelso Tractor Co. 9090-00600 4 49800. 30200.
(service station at N. locust & Univ. Dr.)
United Presbyterian Church USA NO ACTION
Jim Normile for
Barney's Auto 9010-01300 40120. 2,600.
W. C. Orr, Homer Bly,
Mike Grandey & Don Wright for
First Denton County Nat'l 9050-00801 4700168. 1,108,040. 581,370,
First State Bank 9050-01000 7960590. 1,4960590, 8960590,
University State Bank 9210-01200 20528981 223,320. 2029800.
Western Nat'l Bank 9230-01610 494,450. 494,4SO, 4940450,
Hike Rummell for
Shell Gasoline 9180-03700 2490200 13,720,
Mr. Delaney for
Brunswick Corp. by letter 9010-05800 240640. 340000, 280000,
(Board Recessed Until Tuesday, August 3rd)
Tuesday, August 3, 1976 9:30 A. Me
M. C. Burch School Acct,
Allan L. Saxinger 2853-02200 18,670, 160020,
Ruth Davis Jones School Acct,
Mr, Collier for
Lone Star Gas Co. &
Ens6vch Corp. Adjustment on o^hool Tax
(Tuesday, Aug,ist 3, 1976 cont'd)
Citv Value Set
Name Account No. Rendered AsseAsed Board
40% 40% 40%
Yamaha of Denton 9250-01005 33,000, 10,170.
Action Imports 9000-00305 63,000. 500000.
C, M. Jackson School Acct,
James Magill Sports
Center 9120-00300 210360, 21,360.
Jim Swinford for
Texaco Station 9190-08300 30000, 10200.
(Recessed Until 1:30 P. M.)
William M. Dean School Acct.
Sonny Baldridge for
Alex Dickie Estate School Acct.
Ben Ivey for
Ben Ivey 011 Co. 9100-00500 100100. 10,100.
Ben Ivey Arco Station 9100-00502 30125. 19250.
Richard Swerdlin School Acct.
Allis Miller School Acct,
Tom Srokosz, Jr. for
Denton Monogram 9190-05600 30087. 3,(80.
R, R, Human 6000-01000 13,580. 13i580.
Justus Corner Service Sta. School Acct.
(4:30 P. M. Board Recessed Until Wednesday, August 4th)
Wednesday, August 4, 1976 9:30 A. is.
00 As Bupp School Acct,
Michael S. Cox & T. Foster for
Oak Place Ltd. 0430-00301 28,040. 270700.
If to 11 0430-00400 4060520. 3990950.
Allis Miller for
Laura Mae Murn 3210-00400 213430. 100770.
It It to 3220-00200 36,420. 180210.
Sonny Baldridge for
Alex Dickie Jr. 3730-00700 210630. 18,290.
Robert H. Jones 7510-02300 79160, 2,390.
to 11 If 7510-02400 30250. 1,400.
!::,thleen Floyd School Acct.
Harold E, Pierce IMD 9160-02300 4,000. 200001
H. E, Paterson School Acct.
(4:30 P. V, Board Recessed Until Thursday, August Sth)
Thursday, August 5, 1976 9:30 A. M.
City Value Set
Name Account No. Rendered Assessed Board
40% 40% 40%
Rudy Menn for
Victor Equip. Co. 9220-00300 188,620, 20619,360. 21619,360.
Bill Gagen for
Turbo Refrigerating Co. 9200-03900 57,048. 3249710. 324,710.
(Recessed Until 1:30 P. M.)
Mr. Jim Collier for
Ernserch Corp. 9110-02200 6440170. 966,360. 966,350.
Bob Nobles for
Denton Osteopathic Hos. 9030-04800 59,040. 40,900.
(4:30 P. M. Board Recessed Until Friday August 6th)
Friday, August 6, 1976 9:30 A. M.
Sherley Bell &
L. L. Allison for
J. B. Hardeman 8520-00500 7711260. 770260.
Hendley's Drees Shop 9070-01700 40960, 491.60.
11 " If 9070-01701 21240. 840.
Barnett Jeeelers 9010-01205 200000. 12,440.
(4:30 P. M. Board Recessed Until Wednesday, August 11th)
Wednesday, August 11, 1976 9:30 A. M.
Heinen Wilson for
Wanda Massey School Acct.
Joe Batcha for
Dre. Patterson &
Dueling 9030-06205 10,000, 30200.
Grant Messenger
by telephone School Acct.
Jimmy Daniels
by telephone 3250-00900 11,990. 11,410.
James B. Francis School Acct.
` 3
„
The Board --onsidered the foregoing items. Motion was made
and seconded that the values be approved. The motion carried.
It was moved, seconded and carried that the schedule of values
are fair and equitable and assessments made by the Assessor and
Collector of Taxes are hereby approved.
It was further moved, seconded and carried, that all protests
not herein expressly enumerated for persons who either appeared before
the Board of Equalization, or filed protests and failed to appear,
are hereby expressly overruled and assessments are made by the
Assessor and Collector are in all things approved.
It was further moved, seconded and carried, that the valuations
placed against property of persons who were given notice of such
valuation and who failed to appear before the Board of Equalization
are approved.
The Board of Equalization, having reviewed the protests and
the assessment rolls covering taxable property located within the
City of Denton and the Denton Independent School District, in their
entirety and after duly considering the same, are of the opinion
that the assessment rolls as corrected should be in all things approved,
There being no further business before the Board, their labors
having been completed; it was moved, seconded and carried that the
Board of Equalization sitting for the year 1976 be duly adjourned.
Attests
Hugh Mixon, Secretary ','qualization Poard
I,.
BOARD OF EQUALIZATION
OATH OF OFFICE
THE STATE OF TEXAS X
COUNTY OF DENTON X
is Raymond Pitts , George Bertine
AND Roberr Speake a member of the Board of
Equalization of the City of Denton, Texas, for the year, A.D. 1976.
hereby solemnly swear that, in the performance of my duties as a
member of such Board for said year, I will not vote to allow any
taxable property to stand assessed on the tax rolls of said City
of Denton, Texas, for said year at any sum which I believe to be
less than its fair and uniform value: that I will faithfully
endeavor to have each item of taxable property which I believe
to be assessed for raid year at less than its fair and uniform
value, raised on the tax rolls to what I believe to be its fair
and uniform value, I further solemnly swear that I have read and
underAtand the provisions contained in the Constitution and laws
of this State, and the Charter and Ordinances of the City of
Denton, relative to the valuations cf taxable property and that +
I will faithfully perform all the duties required of me under the
Constitution and laws of this State, and the Charter and Ordinances
of the City of Denton, Sc help me God,
w i;L7 j k
THE STATE OP TEXAS X
COUNTY OF DENTON X
Sworn to and subscribed before me by the said javmond Pitts ,
CLeorgg Bar;ine , and Robert Speaks this 2nd day of
August A.D. 1976,
No cy Pub] i and for
De ton County, Texas
T
X
a'
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C
FORM 1969E 9-75
LONE STAR GAS COMPANY
STATE OF TEXAS
SCHEDULE OF INDUSTRIAL RATES-L
FOR
AGENCIES OF THE STATE OR FEDERAL GOVERNMEN r
The rates of Lone Star Gas Company for industrial gas service het-einafter quoted are available
to any industrial gas customer which is aa: agency of the state or federal government and can be
;:.red from and without exceeding the capacity ,f Company's existing system for industrial
purposes, as classified by Company, upon the terms and conditions recited herein. Service under
this Schedule of Industrial Rates is subject to Company's rules, regulations and standard
operating procedures. The rates shall not be available for stand-by use, but shall be available only
to customers purchasing from Company their entire natural gas fuel requirements at the premises
and location at which service is rendered hereunder. The gas delivered hereunder is for tht
individual use of cu. comer and shall not be resold.
These rates shall not be available to residential customers where less than five dwelling units
are served through one meter. These rates shall be available to schools, churches, rooming or
boarding ;louses, orphanages, homes for the elderly, dormitories, hospitals, motels, hotels,
apariment buildings or other buildings used primarily as living quarters, or any other use which
may be considered human need, oniy if Customer has standby equipment for the use of other
fuel of at least equal capacity to that normally required by the Customer, and fuel in storage in
an amount adequate to fulfill Customer's fuel requirements during periods of curtailment,
Interruptiot, and discontinuance of gas service. Company shall not be responsible for determining
the type or amoun! of standby fuel or equipment; such determination shall be the sole
responsibility of Customer.
Measurement And Billing:
Tl•e gas shall be measured at a single meter location and shall not be combined with gas
measured through any other meter location fvt the purpose of billing under this schedule.
Amounts billed shall be due and payable within ten (10) days from monthly billing data.
The first step of each rate shall be apphcai..~ when the service period for which bill is rendered
Is for 16 days or more. Whenever the iniViI service period is for IS days or less during a billing
period, the Customer's consumption shell be carried forward and added to Customer's
consumption during the next succeeding monthly service period for billing purposes.
Curtailment:
Subject to governmental regulation, gas service under this Schedule of Industrial Rates shall be
subject to curtailment, interruption or discontinuince•in a particular service area when necessary
Customer Name Account No.
Service regstested at Rate Requested by
read. 0 out.te9 d city Units Fiscal Year
Gal Y D L hot 0 meamed ttuu T►M!
Effectiva Date
in th-. judgment of the Company for it to maintain Residential and Commercial Ralc service and
Industrial service having a higher priority. Service shall be furnished by Company and received by
Customer in accordance with the following order of priority:
(1) Residential and Commercial Rate service
Military Rate Service
(2) Industrial Rate I service
The following priorities in descending order shall be observed as
sub-priorities for Rate 1:
1. Small commercial (Less than 100 Mcf on a peak day)
2. Large commercial (100 Mcf or more on a peak day) and
industrial requirements for pilot lights and plant protection
gas.
3. Small industrial (less than 3,000 Mcf on an average day)
requirements for feedstock and process gas needs. -
4. Large industrial (3,000 hlcf or more on an average day)
requirements for feedstock and process gas needs.
5. Industrial requirements not specified in priorities 3, 4 or 6.
6• (a) Boiler and other indirect flame applications (300 hlcf or
less on an average day) with alternate fuel capabilities.
(b) Boiler Nel and other indirect flame applications (more
than 300 Mcf on an average day and less than 3,000 Mcf on
an average day) with alternate fuel capabilities.
(c) Boiler fuel and other indirect flame applications (3,000
blcf or more on an average day) with alternate fuel capabilities.
(3) Public Schools Rate service
(4) Industrial Rate 2 service
(5) Industrial Rate 3 service
(5) Special Electric Generation service
Customer shall receiv.: service under its choice of one of the following rates, and the rate so
selected by Customer shall remain in effect until changed by Customer or Company in the
manner herein provided. Customer may, not later than twenty (20) days after the beginning of
any fiscal year of Customer, notify Company in writing of its election to receive service during
such fiscal year under anv other rate within Company's then applicable Schedule of Industrial
Rates for Agencies of the State or Federal Government. Company may revise its Schedule of
Industrial Rates for Agencies of the State .r Federal Government, and any such revised Schedule
of Industrial Rates shall be applicable to the gas purchased by Customer from and after the end
of the fiscal year in which such revision is made. For the purposes hereof the fiscal year for
Federal agencies shall begin on July 1 of each year and. for State agencies on September I of each
,year.
Monthly Rates:
Subject to Company's limitations on the availability of each rate, Customer shall receive
service under its choice of one of the following rates in accordance with the rate selected by
Customer as provided in the contract:
RATE I
First 25 Mcf or less $10,130
All over 125 Mcf @ .82
RATE 2
First 690 Mcf or less $460.00
All rnt 630 Mcf @ 1675
RATE 3
First 1,250 Mcf or less $800.00
All over 1,250 Mcf @ .615
Adjustment for Heat Content:
This Schedule of Industrial Rates is based upon the delivery of gas having an average total heat
value of 1,000 British thermal units (Btu) per cubic foot. Should the average total heating value
of gas delivered in any monthly period be more or less than 1,000 Btu per cubic foot, the
measured volume for such period shall be increased or decreased, respectively, in the percentage
by which the average heating value of such gas is greater or h;ss than 1,000 Btu per cubic'foot.
The monthly average total heating value of the gas at a pressure of four ounces plus 14.4 pounds
per square inch and at a temperature of 60 degrees Farenheit shall be determined at Company's
expense by the use of standard methods and procedures.
Adjustment for Gas Cosh
The foregoing rate is based upon a weighted average cost of gas purchased by Lone Star Gas
Company of 35 cents per 1,000 cubic feet (Mcf) based on a pressure of four ounces per square
inch above an assumed a!mospheric pressure of 14.4 pounds per square inch and at a temperature
of 60 degrees Fahrenheit. The term, "weighted average cos! of gas purchased" as used herein,
shall be the weighted average price per Mcf, adjusted to a four ounce base, paid or accrued by
Company to producers, processors, transporters or other sellers for gas purchased by the
Company during the latest available fiscal month and shall include any production, severance,
dedication, or gathering tax paid or accrued by Company directly or by way of reimbursement to
its gas suppliers with respect to gas purchased by Company.
Whenever the weighted average cost of gas purchased is more or less than 35 cents per Mcf, the
amount billed under this schedule shall be increased or decreased by the amount of such
difference: multiplied by the consumption in Mcf. In applying the gas cost adjustment clause, the
adjustment shall be computed to the nearest one-hundredth of one cent.
Adjustment for Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a proportionate part of all taxes or
rentals which now are or which may be levied, charged or imposed by any governmental body
under authority of any law, ordinance or contract for the use of the public streets, alleys and
thoroughfares in the conduct of Company's business, or because of Company's occupation; and
Customer shall pay Company an amount equivalent to a proportionate part of any new tax or
increased tax or any other governmental imposition, rental, fee or charge levied or charged after
Iuly 1, 1974, (except state, county, city, and special district ad valorem taxes, taxes on net
income and any production or similar tax included in the weighted average cost of gas as
provided in the gas cost adjustment clause).
•
GENERAL TER.MA S
1.
Gas shall be delivered to Customer at Company's operating pressure at the point of delivery. The
point of delivery of gas to Customer hereunder shall be at the point where the gas first passes from
Company's equipment Into Customer's equipment, atwhichpointthe title to and ownership of the gas
shall vest in Customer. Company shall not be liable for any loss, damage, or injury resulting from
the gas or ltsuseafter itleavesthe aforesaid point of delivery, all risks thereof and therefrom being
hereby assumed by Customer.
(a) The g,.s shall be measured at a single meter location by standard meter or meters furnished
and installed by and at Company's expe-cseata place mutually agreed upon. Customer shall provide,
in accordance with Company's specifications, the necessary service line on Customer's premises to
connect with Company's line and suitable space and easement for Company's lines and other equip-
ment. Customer shall use due care to protect Company's property which is located on Customer's
premises from damage and shall permit no person other than an agent of Company, or a person
other than an agent of Company, or a person otherwise lawfully authorized, to tamper with, inspect
or remove same. All property belonging to Company and located on Customer's premises shall be
removable by Company at any time during the term of this contract and within a reasonable time
after its termination or after reasonable notice of Customer's desire to have such property removed,
title thereto remaining in Company at all times. Company shall have full and free Ingress to and
egress from Customer's premises for the construction, inspection, maintenance, repair and removal
of Company's property thereon or for any purpose connected with the service of gas hereunder.
(b) Customer agrees to keep the gas-burning equipment and appurtenances which may be located
on the aforesaid premises in good condition and in conformity with the requirements of any applicable
city ordinance, state law, rule, order or regulationof any governmental authority having jurisdiction
and to comply with all of Company's reasonable rules and regulations.
(c) For the purpose of this contract the unit of measurement shall be 1,000 cubic feet of gas at
the pressure at which It Is measured, except when such gas is measured at a gauge pressure in
excess of 4 ounces per square inch. The volume of gas measured at a gauge pressure in excess of
4 ounces per square inch shall be adjusted by computation in accordance with the Ideal Gas Laws,
corrected for deviation, to the volume thatit would occupy at a gauge pressure of 4 ounces per square
inch. In such computations a value of 14.4 pounds per square inch shall be used for atmospheric
pressure and a value of 60 degrees Fahrenheit shall be used for the base and flowing temperature of
the gas. '
(d) Meter measurements computed by Company according to its standard operating practices
shall be conclusive except where meter Is found to be inaccurate by as much as 3 per cent fast or
slow cr failed to re?Ister, in either of which cases Company shall repair or replace tie meter. The
quantity of gas del ; Bred while the meter was Inaccurate or failed to register shall bt determined
by correcting the ei ror if the percentage of error is ascertainable by calibration test or mathemati-
cal calculation. If not so ascertainable. then it shall be determined by estimating the quantity on a
baste of celiveries under similar conditions when the meter was regis'<ring accurately. No adjust-
ment or correction for meter inaccuracy or failure shall be made for a period longer than 90 days.
~ fII.
Gas sold and service rendered hereunder shall be subject to the priority of service provided in
the Schedule of Industrial Rates, and Customer agrees to select hereunder the rate which affords
priority of service necessary and beat suited to Customer's particular type of operations. When
notified by Company to do so, Customer agrees to curtail or discontinue the use of ga3 hereunder
In conformity with such notice according to the service priority provided for in this Schedule of
Industrial Rates. If Customer classifies his business and operations as being essential to the public
health and safety or otherwise considers continuity of his fuel service essential, then he shaii pro-
vide stand-by fuel and equipment adequate to meet his fuel requirements during periods of inter-
ruption of gas service under this contract. Company cannot and does not guarantee a constant supply
of gas hereunder, Inability or failure of Company to deliver or Customer to receive gaa or perform
this contract shall not be the basis of claims for damages sustained by either party or for breach
of contract when due to Act of God or governmental authority, the elements, labor troubles, fires,
accidents, breakage, repair or change of or obstructions in pipelines, equipment or machinery,
4pletion or failure of gas supply, fluctuations in gas pressure, demands in excess of the capacity
ct Company's equipment, plpellres, or sources of gas supply, or other causes or contingencies
reasonably beyond the control of either party bereto.
FORM 3767-L 3-74
LONE STAR GAS COMPANY
SCHEDULE OF INDUSTRIAL RATES-L
STAT" OF TEXAS
Availability:
The rates hereinafter set out are available to gas customers who can be served
from, and without exceeding the capacity of, Company's existing system upon the
terms, conditions, and limitations recited herein, in the contract of which this
Schedule of Industrial Rates forms a part, and in reasonable rules and regulations
j adopted by Company. These rates shall not be available for standby use. The gas
delivered hereunder is for the individual use of Customer and shall not be resold.
These rates shall not be available to residential customers where less than five
dwelling units are served through one meter. These rates shall be available to schools,
churches, rooming or boarding houses, orphanages, homes for the elderly, dormi-
tories, hospitals, motels, hotels, apartment buildings or other buildings used primarily
as living quarters, or any other use which may be considered human need, only if
Customer has standby equipment for the use of other fuel of at least equal capacity
to that normally required by the Customer, and fuel in storage in an amount adequate
to fulfill Customer's fuel requirements during periods of curtailment, interruption
and discontinuance of gas service. Company shell not be responsible for determining
the type or amount of standby fuel or equipment; su:h determination shall be the sole
responsibility of Customer,
i This Schedule of Industrial Rates is based on Customer's use of gas service for
twelve full months during the contract year. This Schedule of Industrial Rates may j
be applicable to service to a Customer's temporary facilities for less than twelve full
months during a contract year by the payment by Customer to Company, upon execu-
tion of such temporary contract, of a non-refundable amount which shall be the
I estimatedcostof installing and removing facilities necessaryto provide such service.
i Measi3rement And Billing:
The gas shall be measured at a single meter location and shall not be combined
with gas measured through any other meter location for the purpose of billing under
this schedule. Amounts billed shall be due and payable within ten (10) days from '
monthly billing date.
The first step of each rate shall be applicable when the service period for which
bill is rendered is for 16 days or more. Whenever the initial service period is for
16 days or less during a billing period, the Customer's consumption shall be carried
forward and added to Customer's consumption during the next succeeding monthly
service period for billing purposes.
Curtailment:
Subject to governmental regulation, gas service under this Schedule of Industrial
Rates shall be subject to curtailment, interruption or discontinuance in a particular
service area when necessary In the Judgment of the Company for it to maintain
Residential and Commercial Rate service and Industrial service having a higher
M
priority. Service shall be furnished by Company and received by Customer In accord-
ance with the following order of priority:
(1) Residential and Commercial Rate service
(1) Military Rate service
(2) Industrial Rate 1 service
The following priorities in descending order shall be
observed as sub-priorities for Rate 1:
1. Small commercial (less than 100 Met on a peak day).
2. Large commercial (100 Mcf or more on a peak day) and
industrial requirements for pilot lights and plant protec-
tion gas.
3. Small industrial (less than 3,000 Met on anaverage day)
requirements for feedstock and process gas needs.
4. Large industrial (3,000 Mcf or more on an average day)
requirements for feedstock and process gas needs.
5. Industrial requirements not specified in priorities 3, 4,
.or 6.
6. (a) Boiler and other indirect flame applications (300
Mot or less on an average day) with alternate fuel
capabilities.
(b) Boiler fuel and other indirect flame applications
(more then 300 Met on an average day and less than
3,000 Mot on an average day) with alternate fuel
capabilities.
(c) Boiler fuel and other indirect flame applications
(31000 Mot or more on an average day) with alter-
nate fuel capabilities.
(3) Public Free School Rate service
(4) Industrial Rate 2 service
(6) Industrial Rate 3 service
(5) Special Electric Generation service
Monthly Rates:
Subject to Company's limitations on the availability of each rate, Customer shall
receive service under its choke of one of the following rates in accordance with the
rate selected by Customer as provided in the contract:
RATE 1
First 126 Mot or lesE $107.60
All over 126 Mot 0 .82
RATE 2
First 600 Motor less $450.00
All over 600 Mot 0 .676
RATE 3
First 11250 Motor less $800.00
Allover 1,250 Mot 0 .615
Adjustment For Heat Content:
This Schedule of Industrial Rates is based upon the delivery of gas having an
average total heat value of 1,000 British thermal units (Btu) per cubic foot. Should
the average total heating value of gas delivered in any monthly period be more or less
than 1,000 Btu per cubic foot, the measured volume for such period shall be increased
or decreased, respectively, in the percentage by which the average heating value of
such gas is greater or less than 1,000 Btu per cubic foot. The monthly average total
heating value of the gas at a pressure of four ounces plus 14.4 pounds per square Inch
and at a temperature of 60 degrees Fahrenheit shall be determined at Company's
expense by the use of standard methods and procedures.
Adjustment For Gas Cost:
The foregoing rate Is based upon a weighted average cost of gas purchased by
Lone Star Gas Company of 35 cents per 1,000 cubic feet (Mcfi based on a pressure of
four ounces per square inch above an assumed atmospheric pressure of 14.4 pounds
per square inch and at a temperature of 60 degrees Fahrenheit. The term, "weighted
average cost of gas purchased" as used herein, shall be the weighted average price
per Mcf, adjusted. to a four ounce base, paid or accrued by Company to producers,
processors, transporters or other sellers for gas purchased by the Company during
the latest available fiscal month and shall include any production, severance, dedica-
tion, or gathering tax paid or accrued by Company directly or by way of reimburse-
ment to its gas suppliers with respect to gas purchased by Company.
Whenever the weighted average cost of gas purchased is more or less than 35
cents per Mcf, the amount billed under thisschedule shall be increased or decreased
by the amount of such difference multiplied by the consumption in Mcf. In applying
the gas cost adjustment clause, the adjustment shall be computed to the nearest one-
hundredth of one cent.
Adjustment for Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a proportionate part of all
taxes ur rentalcr which now are or which may be levied, charged or imposed by any
governmental body under authority ofanylaw,ordinanceor contract for the use of the
public streets, alleys and thoroughfares in the ^,onduct of Company's businass, or
because of Company's occupation; and Customer shall pay Company an amount equiva-
lent to a proportionate partofanynewtax or increased tax or any other governmental
imposition, rental, fee or charge levied or charged after July 1, 1974, (except state,
county, city, and special district ad valorem taxes, taxes on net income and any pro-
duction or similar tax included in the weighted average cost of gas as provided in the
gas cost adjustment clause).
FORM 3261-L 1-74
1-0!41t STAR GAS COMPANY
AIR CONDITIONING RIDER-L
STATE OF TEXAS
Application:
Application to gas service under Rates 1, 2, and 3 of Company's Schedule of
Industrial Rates-L, and under Company's Rate Schedule for Public Free Schools-L,
when the customer uses such services for process and/or comfort cooling purposes
during the months shown herein.
The provisions of the rates specified above are modiffed by the attaS1ment thereto
of this rider only as shown herein.
Monthly Rate:
1 The following rates shall be applicable to correspond with the rate PnPClfied to
the contract to which this rider is attached and shall be subject to the terms end
conditions, including adjustments, set forth in the Schedule of Industrial PAtes-L.
I
J RATE 1
All Gas Delivered Under This Rider @ $ .66 per Mof
RATE 2
All Gas Delivered Under This Rider @ $ .59 per Met
RATE 3
All Gas Delivered Under This Rider 0 $ .67 per Met
RATE FOR PUBLIC FREE SCHOOLS
All Gas Delivered Under This Rider Q $ .66 per Met
Volume Determination:
The portion of the monthly gas consumption subject to this air conditioning rider
shall be computed on the following basis:
April 3 Mcf per nominal ton Installed capacity;
May 5 Mcf per nominal ton installed capacity;
June 8 Mcf per nominal ton installed capacity;
July 9 Mcf per nominal ton installed capacity;
August 9 Mcf per nominal ton installed capacity;
September 8 Mcf per nominal ton installed capacity;
October 5 Mcf per nominal ton installed capacity;
November 2 Mcf per nominal ton installed capacity.
Installed capacity shall mean name-plate capacity of the plant normally and regularly
used for maximum conditions and does not Include standby or unused facilities. The
Mcf Ao computed shall not exceed 95% of the total monthly consumption. All gas con-
sumption in excess of the volumes subject to this air conditioning rider shall be billed
in accordance with the terms of the Rate Schedule to which this rider is attached.
Customer Name
Number of tons applicable under this rider
[OM 3769-L 3-74
LONE STAR GAS COMPANY
RATE SCHEDULE FOR PUBLIC FREE SCHOOLS-L
STATE OF TEXAS
Availability:
Upon the terms and conditions recited herein and in the contract of which this
Rate &,hedule forms a part, the rate set out below shall be available to any fully tax
supported public free school, including high school and lower grades, using gas for
building heating. In suchcases this rate shall also apply to gas used for other purposes
incidental to the operation of that school's facilities, including, but not necessarily
limited to, water heating, home economics training, laboratory work, vocational train-
p j,and food preparation for students, faculty, and persons other than the general
public, provided all usage may be measured through a single meter installation. Gas
delivered hereunder shall not be available for residential dwelling use, for standby
use, nor.for redelivery or resale to others, nor to private schools or tax supported
schools above the high school grade level.
Measurement And Billing:
Amounts billed shall 1 e due and payable Whin ten (10) days from monthly billing
date.
When any single school district or city or town has school buildings at more than
one location therein, the Company will combine the volume of gas delivered to it for I
the aforesaid uses for the purpose of monthly billing at this rate. +
Curtailment:
Servibe rendered under„this rate shall be subsect to curtailment, interruption or II
dlgcontlnuance in any particular service area when necessary In the judgment of the
Company for it to maintain adequate service to its' Residential and Commercial Rate
enetoiriers, Military Rate customers, and Industrial customers served ;order Rate 1
of, $chedules of industrial Rate4s'but shall receive preference over service rendered i
under ether rates in the Company's Schedules of Industrial Rates.
Monthly, Rate:
First 150 Mef @ $ .85 per blef
Over 160 Mof @ .80 per Mef
Minimum Monthly Bill $3.00 per
Meter Installation.
Adjustment For Heat Content:
This rate is based upon the delivery of gas having an average total heat value of
1,000 British thermal units per cubic foot. Should the average total heating value of
gas delivered in any monthly period be more or less than 1,000 British thermal units
per cubic foot, the measured volume for such period shall be increased or decreased,
respectively, in the percentage by which the average heating value of such gas is
greater or less than 1,000 British thermal units per cubic foot. The monthly average
total heating value of the gas at apressure of four ounces plus 14.4 pounds per square
In-h and at a temperature of 60 degrees Fahrenheit shall be determined at Company's
expense by the use of standard tests or the use of recording calorimeters.
Adjustment For Gas Cost:
I
The foregoing rate is based upon a weighted average r A of gas purchased by
i Lone Star Gas Company of 35 cents per 1,000 cubic fee+ ~c.icf) based on a pressure
of four ounces per square inch above an assumed atmosphE:rio pressure of 14.4
pounds per square inch. The t6rm, "weighted average cost of gas purchased", as
j used herein, shall be the weighted average price per Mcf, adjusted to a four ounce
brse, paid or accrued by Company to producers, processors, transporters or other
sellers for gas purchased by the Company during the latest available fiscal month
and shall include any production, severance, dedication or gathering tax paid or
accrued by Company directly or by way of reimbursement to its gas suppliers with
respect to gas purchased by Company.
I
Whenever the weighted average costofgaspurchasedis more or less than 35 cents
per MM, the amount billed under this schedule shall be Increased er decreased by
the amount of such difference multiplied by the consumption in Mcf. In applying the
gas cost adjustment clause, the adjustment shall be computed to the nearest one-
hundredth of one cent.
Adjustment For Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a rroportionate part of all
taxes or rentals which now are or which may be levied, charged or imposed by any
governmental body under authority of any law, ordinance or contract for the use of
the public streets, alleys and thoroughfares in the conduct of Company's business, or
because of Company's occupation; and Customer shall pay Company an amount equiva-
lent to a proportionate partof any newtax or increased teat or any other governmental
imposition, rental, fee or charge levied or charged after July 1, 1974, (except state,
county, city, and special district ad valorem taxes, taxes on net income and any pro-
duotion or similar tax included in the weightedaverage cost of gas as provided in the
gas cost adjustment clause).
RULES AND REGULATIONS APPLICABLE TO GAS SERVICE TO CONSUMERS
.IRTICLL 1. Company will supply Consumer with gas only through the meter or meters furnished and owned by Company.
ARTICLE It. Consumer shall be held responsible to indemnify Company against ar,y injury to or loss of Company owned property
and equipment while it is on Consumer's premises, proximately rising out of or caused by the negligence, carelessness or willfal act of
Consumer or his servants, ogcn:s. emplcyic u mw mcmhcr of his household, or any person or persons upon his premises by authority of
his consent or sufferance.
ART1Cl F. Ill. Comr.my shall have the right :o req.tire of each Consumer a deposit of a sum of money sufficient in the judgment
of Company to secure Com,~,any in payment of all sums that may become due Company for gas and/or gas service and any and all other bills
and accounts due by Consumer to Compant Consumer shall increase said deposit when requested by Company. The security deposit may be
held by Company until galt sersice is discomirual. Interest at the rate prescribed by law, of the State in which deposit was made shall be
paid to Consumer annually if rcvpieaed h) C-,ra mrr to dn an. Interest shall cease to accrue upon discontinuance of service, In case Con-
sumer desires to discontinue use of Gampam's service, Company shall return to Consumer the security deposit plus the accrued interest,
Ica any amount due Company by Consumer.
ARTICLE It'. Company shat[ Into u e right to require written applications for gas service and written notices requceing diwon-
tinuance of gas seriice Consumer w ill he held responsible for all gas consumed until written notice to discontinue gas service is receical by
Company and final reading of meter shall bait bren made, for which purpose forty-eight (48) hours shall be allowed.
ARTICLE V. Company shall not be liable for damages caused by interruption or fluctuations in service caused by acs of God or
the public enemy, strikes, riots, dimirutiens, or failure or supply of gas or without limitation by enumeration herein, other events and
contingencies which could not in nrdimry rn,,rse of commercial prudent management have been foreseen or prevented by Cr^mpxny.
ARTICLE VI. No open light shall be taken near any escaping gas; and Consumer must shut off the gas it the house service or
meter cock when leakage of gas is discovered. Company sh-!:.,ot be responsible for any damage or loss due to the escape of gas from or in
Consumer's piping, appliances or equipment. Consumer must give Company notice, at its main or district office, immediately upon the dis-
covery of escaping gas,
Consumer shall at all times maintain his gas burning appliances and equipment in good and safe condition. Company shall nce be
liable for damages resulting from or growing out of defeake appliances and equipment belonging to Consumer of the leakage of gas from
or incomplete combustion of gas by Consumer's appliances,
ARTICLE I'll. Company shall have the right to discontinue service to Consumer for or on account of any of the following causes
or reasons or upon discoatring the existence of any of the following conditions:
For failure or refusal of Consumer to repair or replace or to have repaired or replaced, any of Consumer's piping, applianc^-s, or
eruipment vsheo notified by Company; for the non-payment of any bill or account when due, regardless of the amount of Consumer's secur.
it) deposit, whether rendered for gas service at one or more locations, in one or more cities and towns, and whether for buslnrs or recl-
dential use; for the failure or refusal of Consumer to post security deposit with Company or increase the amount of security deposit when
requested by Company to do so; upon discovering any property or equipment of the Company located on Consumer's premises which has
been tampered with or destroyed; for turning gas on after same has been turned off by Company; for fraudulent representations relating to
the consumption of gas; for selling, delivering to or furnishing gas or gas service, without written permission from Company, to other per-
sons either on or off Consumer's premises; for using gas for purposes other than as represented; for non-compliance with or violation of any
of the rules and regulations of Company.
ARTICLE Vill, Company shall have access to its property and equipment located upon Consumers premises st all reasonable times
for any purpose connected with or in furtherance of its business operations, and uay remove such property from Consumer's premises. But
Company shall he under no duty or obligation to lupect, maintain or repair the pipes, equipment of facilities of Consumer, and shall not
be liable for damages thereto or srlsing therefrom.
{
ARTICLE 1X, In case of discontinuance of service for any violation of or non-compllisnce with any rule or regulation of Company,
Consumet shall pay Company a reconnect charge In advance for re-establishing gas service on the premises of Consumer,
ARTICLE X, Consumer shall be charged for go and gas service tendered Consumer the rates or charges now or hereafter promul'
dated, estsbllsbed or charged by Company during rite time that such rates or charges shall be in effect.
Ff
ARTICLE X1. Gas service shall automatically terminate upon abandonment or removal by Company of the Portion of Its System
"tle plane from which Consumer is served.
s ~
F : ARTICLE X11. Company shall not be obligated to supply gas to Consumer If to do so requires a main extension in face." of what
" Company Is requtred to lay under Its rules, regulations and policies, unless and until Consumer and Company execute a special ferns of con-
kf Set for such main exttnalon.
,
ARTICLA Xhl, Any of the foregoing rules and regululoos to the contrary notwithstanding, all laws, ordinances and tesolurlons,
' tlthet is to files, thaijtts, rules, feaulstlona of otherwise hereafter legally applicable, and in force from time to time during the time
that Consumer shall tkaea gas servict, shall control during the time that they shall he In effects
4
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Lone Star Gas Company
DIVISION OF DISTIIWTION
319 West Oak Street
Denton, Texas 76202
August 30, 1976
TO THE HONORABLE MAYOR AND GOVERNING BODT*OF DENTON, TEXAS:
Attention: City Secretary
Enclosed, for filing with your honorable body, is a copy of Lone
Star Gaa Company's Contract for Industrial Gas Service, General Terms
and Conditions, and Schedule of Industrial Rates - L and Schedule of
Industrial Rates - M. Rate M is the Schedule of Industrial Rates
currently in effect for industrial customers, except for those indus-
trial customers, if anyp whose one-year contracts under Rate L have not
yet terminated. New industrial customers will be served on Schedule of
Industrial Rates M or any applicable future industrial rate schedule if
such customer meets the availability requirements for industrial service
outlined in the rate schedule. Also enclosed for filing is the appli-
cablo Rate Schedule for Public Free Schools in your municipality and the
Rate Schedule for Agencies of the State or Federal Government.
We are enolosing in addition a schedule of our service charges and
rules and regulations relating to gas service.
You alretdy have on file our general service rate for residential
and commercial customers passed by your governing body, subject to
reduction for Bummer air conditioning use as shown in the attached
Rate Schedule 391.
This filing does not represent any change in current rates, not
does it require any action on your part, but is made in compliance with
Public Utility Regulatory Act.
Very truly yours,
LONE ST.AR- GAS- C.CORPANY
By .~~wml. G /~GL?~'
LTIE ..-,,TAR GA3 COMPANY RA'rE SCHEDULE NO. 300
Connection and Reconnection Charge
Computer
Input Code
1 Reconnection 0-.arge $ 4.00 l/
3 Reconnection Charge 5.00 2/
4 Connection and Reconnection Charge 20.00 3/
11 Cities of Cockrell Bill, Dallas, Highland Park, and Univerisity Park -
Reconnect charge made only following non-pay turn off for same customer.
Additional charge of $8.00 for reconnection after regular working hour's
(8:00 A.M. to 5:00 P.M.), Sundays, and holidays.
4
21 All cities and towns except Cockrell Hill, Dallas, Highland Park, Trving,
and University Park - Additional charge of $19.00 for reconnection after
regular working hours (8:00 A.M. to 5:00 P.M.), weekends, and holidays.
Should customer insist service be reconnected after normal working hours
and workload require technician be called from home to execute request,
$38.00 is added to regular $5.00 charge. No reconnection charge for new
premises being occupied for first time.
3/ City of Irving - All connections and reconnections at any hour $20.00.
Charge also applies to new premises being occupied for first time.
i
Note: Additional c'.arges must be entered in Customer Information System
using Miscellaneous Money Transaction.
Issued May 280 1976
L014E STAR GAS' COt,TANY RATE SCHEDULE NO. 301
^ Appliance, Cas Light, and Air Conditioning Service Charges
` Appliance Service Charges
Schedule Hourly Charge
8:00 A.M. to 5:00 P.M. Monday through Friday - $ 13.50
5:00 P.N. to 8:00 A.M. Monday through Friday - 19.00
Saturdays, Sundays, and holidays - 19.00
When necessary to call personnel from home
I:o perform service, at customers request - 38.00 minimum
An additional charge of $11.00 added to the above charges when a second employee
(helper) is required.
Time in excess of one hour prorated in 15 minute increments, as follows:
Standard Non-Standard
Increments Working Hours Working Hours
15 minutes $ 3.35 $ 4.75
30 minutes 6.75 9.50
45 minutes 10.12 14.25
60 minutes 13.50 19.00
Standard working hours defined as 8:00 A.M. to 5:00 P.M. Monday through Friday.
Gas Light Service
Service Charge
Cleaning, mantle replacement, and replacing external parts - $ 5.00
Painting (black or white) in conjunction with other gas light
service on same unit - 4.00
Air Conditioning Service
Schedule Hourly.Charge
Any hour Sunday through Saturday and holidays $ 17.50
Time in excess of one hour prorated in 15 minute increments, as follows:
Increments All Hours
15 minutes $ 4.38
30 minutes 8.75
45 minutes 13.13
60 a+inutes 17.50
Issued May 28, 1976
A
Page 2
All new company-sold air conditioning units serviced free of charge for 30 days
from date of installation.
No additional charge for second employee (helper).
Labor charges in excess of factory allowances will be passed on to the customer.
Factory labor allowances are as follows:
Bryant Air Conditioners
Labor Allowances
Model
Part serviced or replaced 36-453 48-453 60-452 90 b 120-452
Generator - Analyzer $ - $ - __$_5 0 $ -
Generator 50 50 - 100
Chiller Coil 30 30 50 99
i Vapor Check Valves 24 - - -
{ Ruptured Pulser Repair (Initial
I34 Repair) 65 65 65 70
100 Hour-Filter Replacement 20 30 - -
400 Hour-Filter Replacement 20 - - -
Black Solution Repair with
Modular Generator Kit 50 50 - -
Black Solution Repair with
Regeneration Assembly Kit - - 50 75
Regeneration Assembly Kit - - 50 75 ^
Rectifier - - 50 75 (120 only)
No labor allowance for field repair of leaks.
Arkla Air Conditioners
Labor Allowance
Service All Models
For part or assembly replacemen4 on sealed unit - $ SO
Fop leak repair on sealed unit 25
Whirlpool Air Conditioners
Labor Allowances
Model
Part serviced or replaced- BTC ALL
Replace Solution Pump $ 100 $ -
Replace Evaporator 50
Repair Leak - Ammonia or 011 - 40
Change Henry Valve - 40
Change Pressure Relief Valve - 40
Replace Capillary Tube (Restrictor) - 40
Labor Allowance for replacing a BMC, BRC or BTC model with a complete BIG
unic is $50.00.
EFFECTIVE IN ALL CRIES AND TOWNS
Issued May 28, 1976
LANE .)TAR GA3 COMFANY
r
Main Line Extension Rate
RESIDENTIAL
The charge for extending mains beyond the 100 foot free limit established by
Lone Star Gas, or any free limit established by city franchise is $4.50 per
foot.
r
Established in the following cities and towns:
All
l
Issued May 28, 1476
FORM 1116 1-77
CONTRACT FOR INDUSTRIAL GAS SERVICE
LONE STAR GAS COMPANY, called "Company", agrees to sell and deliver natural gas to
called "Customer," %h-se mailing address i:;
and Customer agree,,, to purchase and receive such gas from Company to meet Customer's natural
gas requirement at Customer's premises located in County,
State of Texas, and more fully described as:
subject to and in accordance with all the terms and conditions contained in this contract.
This contract shall be effective as of the date of execution shown hereon and shall cover
service for a period of one (1) contract year and from year to year thereafter; provided that either
party may terminate this contract at the end of any contract year by giving written notice to the
other party at least fifteen (15) days prior to the end of any contract year. The first contract year
shall commence on the first official meter reading date after the date gas is first delivered to
Customer hereunder and shall terminate at the end of the twelfth (12th) monthly billing period
thereafter.
This contract covers Customer's entire natural gas requirements in the aforesaid premises, I
and Customer shall not use gas under this contract for service other than that classified by Com-
pany as industrial. Customer has elected to receive and pay for gas under this contract during
the first contract year in accordance with Rate within the attached
Schedule of Industrial Rates which is incorporated herein and-made a part of this contract. For
any succeeding contract year Customer may, at his option, and upon written notice to Comppany
of his intent to do so, elect to receive service under this contract at any rate within the Com-
pany's then applicable Schedule of Industrial Rates, provided Customer makes such election and
gives such notice within twenty (20) days after the beginning of such contract year. During the
term of this contract the rate salected by Customer shall remain to effect until changed by Cus-
tomer or the Company in the manner herein provided.
Bills rendered for gas delivered hereunder shall be payable at Company's office located at
, Texas.
This contract includes the additional terms, provisions and conditions contained in Articles
through VI, entitled "General Terms," which are attached hereto and shall be a part of this
agreement and such "General Terms" shall be applicable to the service rendered hereunder.
This contract shall be binding upon Company, its successors and assigns, but shall not be
assignable by Customer without the written consent of Company.
WIT NESS THE EXECUTION HEREOF as of the day
of _ 19_ .
LONE: STAR GAS CON113ANY
By - BY
Title Title
"CUSTOMER" 0.I . 1
Sales 'fax Exempt-Yes Cl No ❑ Customer's Deposit
inside Outside City Limits Approved
Otis Is ® Is not ❑ measured thru TINS Date Service 1neu,qurelrd
contract Year Commener+
Form 1111 • ■ • Rev. 144
GENERAL TERMS
r.
(a) Company may revise its Schedule of Industrial Rates in the future, and any such
revised Schedule of Industrial Rates shall be applicable to the gas purchased and sold under
this contract from and after the end of any contract year in which such revision is made, pro-
vided that the Company shall give Customer not less than forty-five (45) days' notice prior
to the end of the contract year of su& revised Schedule of Industrial Rates. If Customer does
not desire to continue the purchase of gas under this contract In accordance with such revised
Schedule of Industrial Rates, Customer shall give the Company written notice cancelling this
contract not less than fifteen (15) days prior to the end of the then current contract year as
provided above. If Customer fails to give the Company such written notice of cancellation
than this contract shall be continued as provided above. The notices herein provided for shalt
be deemed to have been given when forwarded by the party giving the same addressed to the
other party at the address shown in this contract by first class mail, postage prepaid.
(b) At Company's request Customer shall from time to time deposit with Company such
amount of money as Company may determine is reasonably necessary to guarantee the pay-
ment of gas bills hereunder and all other bills due by Customer to Company. All money depos-
ited by Customer with Company shall bear interest at the rate prescribed by law. Interest
shall be payable annually at Company's office from which bills are rendered under this con.
tract. Upon the termination of this contract, said deposit, plus any accrued interest thereon,
less any amount due Company by Customer, shall be refunded to Customer.
if.
(a) The gas shall be measured at a sinfle meter location by standard meter or meters
furnished and installed by and at Company s expense at a place mutually agreed upon. Cus-
tomer shall provide, in accordance with Company s specifications, the necessary service line on
Customer's premises to connect with Company's line and suitable space and easement for Com-
pany's lines and other equipment. Customer shall use due care to protect Company's property
which is located on Customer's premises from damage and shall permit no person other than
an agent of Company, or a person otherwise lawfully authorized, to tamper with, inspect or
remove same. All property belonging to Company and located on Customer's premises shall be
removable by Company at any time during the term of this contract and within a reasonable
time after its termination or after reasonable notice of Customer's desire to have such property
removed, title thereto remaining In Company at all times. Company shall have full and free
Ingress to and egress from Customer's premises for the construction, inspection, maintenance,
repair and removal of Company's property thereon or for any purpose connected with the sere
Ice of gas hereunder.
(b) Customer agrees to keep the gas-burning equipment and appurtenances which may be
located on the aforesaid premises in good condition and in conformity with the requirements of
any applicable city ordinance, state law, rule order or regulation of any governmental authority
having jurisdiction and to comply with all of Company's reasonable rules and regulations.
(c) For the purpose of this contract the unit of measurement shall be 1 000 cubic feet of
gas at the pressure at which it is measured, except when such gas Is measured at a gauge pres.
sure in excess of 4 ounces per sq-.sre inch. The volume of gas measured at a gauge pressure in
excess of 4 ounces per square inch shall be adjusted by computation in accordance with the
Ideal Gas Laws, corrected for deviation, to the volume that it would occupy at a gauge pressure
of 4 ounces per square Inc). In such computations a value of 14.4 pounds per square inch shall
be used for atmospheric pressure and a value of 60 degrees Fahrenheit shall be used for the
base and flowing temperature of the gas.
(d) Meter measurements computed b Company according to its standard operating prac-
tices shall be conclusiv.+ except where meter is found to be Inaccurate by as much as 8 per cent
fast or slow or failee to rea-Ister, In either of which cases Company shall repair or replace the
meter. The quantity of gas delivered while the meter was Inaccurate or failed to register shall
L~
be determined by correcting the error if the percentage of error is ascertainable by calibration test
or mathematical calculation. If not so ascertainable, then it shall be determined by estimating the
quantity on a basis of deliveries under similar conditions when the meter was registering accur-
ately. No adjustment or correction for meter inaccuracy or failure shall be made for a period
longer than 90 days.
III.
Gas shall be delivered to Customer at Company's operating pressure at the point of deliv-
ery. The point of delivery of gas to Customer hereunder shall be at the point where the gas
fir; t rasses from Company's equipment into Customers equipment, at which point the title to
and ownership of the gas shall vest in Customer. Company shall not be liable for any loss,
damage, or injury resulting from the gas or its use after it leaves the aioresald point of deliv-
ery, all risks thereof and therefrom being hereby assumed by Customer.
W.
ta) Company shall have the right at any and all times, with or without notice, to imme-
diatelly discontinue, in whole or in part, the supply of gas hereunder if in the opinion of Com-
pany a continuation of the supply under this contract would adversely affect, jeopardize or
threaten adequate service to Company's domestic or commercial customers or hazard, jeop-
ardize or threaten adequate servic: to other industrial gas customers having priority of service
under Company's Schedule of Industrial Rates; and Customer hereby authorizes Company so to
do and agrees that Company shall never be liable in damages or otherwise on account of
having exercised suc,i rights.
(b) Gas sold and service rendered hereunder shall be subject to the priority of service
provided in the Schedule of Industrial Rates, and Customer agrees to select hereunder the rate
which affords priority of service necessary and best suited to Customer's particular type of
operations. When notified by Company to do so, Customer agrees to curtail or discontinue the
use of gas hereunder In conformity with the service priority provided for in this contract and
In the Schedule of IndustrILI Rates. If Customer classifies his business and operations as being
essential to Oe public health and safety rnd considers continuity of his fuel service essential to
the public wei'are, then he shall provide stand-by fuel and equipment adequate to meet his fuel
requirements oaring periods of interruption of gas service under this contract. Company cannot
and does not gtarantee a constant supply of gas hereunder. Inability or failure of Company
to deliver or Customer to receive gas or perforn this contract shall not be the basis of claims
for damages sustained by either party or for breach of contract when due to Act of God or
governmental autho-ityy, the elements, labor troubles, fires, accidents, breakage, repair or change
of or obstructions Ir, pipelines, equipment or machinery, depletion or failure of gas supply, fluctua-
tions In gas pressure, demands in excess of the capacity of Company's equipment, pipelines, or
sources of gas supply, or other causes or contingencies reasonably beyond the control of either
party hereto.
•
V.
If Customer shall fail to pay bills for service within twenty (20) days from date they are
rendered hereunder or shall otherwise default under this contract, Company may without
notice, suspend service and deliveries of ggas and such suspension shall not prevent enforcement
by Company of any other of its legal rights. Waiver by Compan of a particular default here-
under stall not be deemed a waiver of subsequent defaults whether similar or dissimilar.
VI1
This contract supersedes and exthiguishes all prior contracts between the parties or their
respective predecessors In interest, for gas at the location and for the purposes herein desig-
nated; and constitutes the entire contract between the parties. No representation or statement
o: any representative of Company shall be a part of this contract nor an inducement to the exe-
cution hereof unless Incorporated fully herein.
LONE :;D•A GAS COMPANY _ RATE SCHEDULE NO. 391
^ CLASS OF SERVICE:
1 , Residential and Commercial Summer Air Conditioning.
MONTHLY RATE:
Applicable to gas consumed by Texas residential and commercial summer air
conditioning customers between the meter reading dates in May and Octeber
each year.
Residential:
The regular general service rate shall apply to the first 8,000 cubic
feet consumption (regular consumption) per month. Beginning with tha
first step, the regular general service rate less 25% shall be applied
to all gas used in excess of 8,000 cubic feet. These amounts will be
combined to determine the total bill. A bill is also calculated by
applying the regular general service rate to the total consumption.
The two bills are compared and the lower of the two is the amount billed
3 to the customer.
Commercial:
There are two ways of determining the air conditioning consumption on
a commercial account. One way is to com!,ute the air conditioning MCF
per nominal ton installed capacity from :he following schedule:
June - 8 MCF per nominal ton installed capacity
July - 9 MCF per nominal ton installed capacity
August - 9 MCF per nominal ton installed capacity
September - 8 MCF per nominal ton installed capacity
r ~
October - 5 MCF per nominal ton installed capacity
The other way of determining the air conditioning MCF is to have a
separate meter that measures the air conditioning consumption. In
either case, the air conditioning consumption cannot exceed 95% of
the total consumption. The regular general service rate shall apply
' to gas consumed for all'purposes other than for summer air conditioning.
Beginning with the first step, the regular general service rate less
25% shall be applied to the air conditioning consumption. These amounts
are combined to determine the total bill. A bill is also calculated by
applying the regular general service rate to the total consumption. The
two bills are compared and the lower of the two is the amount billed to
J the customer.
w PROMPT PAYMENT PROVISION:
Net rate shall apply to all bills paid within ten days from monthly billing
date. Thereafter, gross rate shall apply.
i'.
Issued M.,y 28s 1976
LANE ;TAR GA:; COMPANY
i
I (Rate Schedule No. 391, Page 2)
' OTHER PROVISIONS:
The normal gas cost adjustment applicable in each town will be applied to
the total :onsumption including gas consumed for purposes other than air
conditioning. Any other billi~,g adjustments applicable to the regular rates
shall also apply to billing under this rate.
EFFECTIVE IN THE FALLOWING TOWNS:
r This supplemental rate is available to all residential and commercial summer
cir conditioning customers throughout the company's Texas operating area
except in those towns set out on Rate Schedule No. 390.
•
Iasucd May ?R• 1916
FORM 7289 11-75 Lone Star Gas Company
RATE SCHEDULE FOR PUBLIC FREE SCHOOLS • M
STATE OF TEXAS
Availability:
Upon the terms and conditions recited herein and in the contract of which this Pate Schedule forms a part, the rate set
out below shall be available to any fully tax supported public free school, including high school and lower grades, using gas
for building heating. In such cases this rate shall also apply to gas used for other purposes incidental to the operation of that
school's facilities, including, but not necessarily limited to, water heating, home economics training, laboratory work, voca-
tional training, and food preparation for students, faculty, and persons other than the general public, provided all usage may.
be measured through a single meter installation. Gas delivered hereunder shall not be available for residential dwelling use,
for standby use, nor for redelivery or resale to others, nor t.i private schools or tax supported schools above the high school
grade level,
Measurement And Billing:
Amounts billed shall be due and payable with!n ten (10) days from monthly billing date.
When any single school district or city or town has school buildings at more than one location therein, the Company will
combine the volume of gas delivered to it for the aforesaid uses for the purpose of monthly billing at this rate.
Curtailment:
Service rendered under this rate shall be subject to curtailment, interruption or discontinuance in any particular service
area when necessary In the judgment of the Company for it to maintain adequate service to its Residential and Commercial
Rate customers, Military Rate customers, and Industrial customers served under Rate I of Schedules of Industrial Rates, but
shall receive preference over service rendered under other rates in the Company's Schedules of Industrial Rates.
Monthly Rate:
First 150 Met @ $1.36 per Mcf
Over 150 Mcf @ 1.31 per Mel
Minimum Monthly Bill $10.00 per
Meter Installatiun.
Adjustrrent For Hest Content:
This rate is based upon the delivery of gas having in average total heat value of 1,000 British thermal units per cubic
foot. Should the average total heating value of gas delivered in any monthly period be more or less than 1,000 British
thermal units per cable foot, the measured volume forsuch period shall be increased or decreased, respectively, in the percen-
tage by which the average heating value of such gas is greater or less than 1,000 British thermal units per cubic foot. The
monthly average total heating value of the gas at a pressure of four ounces plus 14.4 pounds per square inch and at a tempera-
ture of 60 degrees Fahrenheit shall he determined at Company's expense by the use of standard tests or the use of recording
calorimeters.
J
Adjustment for Gas Cost:
The foregoing rates are based upon a weighted average cost of gas purchased by Lone Star Gas Company of 80 cents per
1,000 cubic feet (Mcf) based on a preuure of four ounces per square inch above an wsumed atmospheric pressure of 14.4
pounds per square inch and at a temperature of 60 degrees Fahrenheit, The "weighted average cost of gas purchased;" as
used herein, shall be cimputed by dividing the total amount paid or accrued by Company (as reflected by Company's Gas
Purchase Accounts), including any product'lon, severance, dedication or gathering tax paid or accrued by Company directly
or by voy of reimbursement to its gas suppliers, to producers, processors, transporters, or other sellers of gas in the latest
available fiscal month by the total volume of pipeline quality gas in Mcf purchased by Company during said period.
Whenever the weighted eveiage cost of gas purchased is more or less than 80 cents per Mcf, the amount billed under
this schedule shall be increased or decreased by the amount of such difference multiplied by the consumption in Mcf, without
adjustment for heating value, In applying the gas cost adjustment clause, the adjustment shall be computed to the nearest
one-hundredth of one cent
Adjustment For Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a proportionate part of all taxes or rentals which now are or
which may be levied, charged or imposed by any governmental body under authority of any law, ordinance or contract for
the use of the public streets, alleys end thoroughfares in the conduct of Company's business, or because of Company's oc-
cupation; and Customer shall pay Company an amount equivalent to a proportionate part of any new tax or increased tax or
any other governmental Imposition, rei.t•,1, fee or charge levied or charged after July 1, 1975, (except state, county, city, and
special district ad valorem taxes, taxes on net income and any p•oduction or similar tax included In the weighted average cost
of gas as provided In the gas cost adjustment clause).
40
FORM 3167 rr-75 tone Star Gas Company
SCHEDULE OF INDUSTRIAL RATES • M
STATE OF TEXAS
Fvailability:
The rates hereinafter set out are available to gas customers who can be served from, and without exceeding the capacity
of, Company's existing system upon the terms, conditions, and limitations recited herein, in the contract of which this
Schedule of Industrial Rates forms a part, and in reasonable rules and regulations adopted by Company. These rates shall not
be available for standby use. The gas delivered hereunder is for the individual use of Customer and shall not be resold.
These rates shall not be available to resioential customers and shall be available to schools, churches, rooming or boarding
houses, orphanages, homes for the elderly, dormitories, hospitals, motels, hotels, apartment buildings or other buildings used
primarily as living quarters, or any other use which may be considered human need, only if Customer has standby equipmv.1
for the use of other fuel of at feast equal capacity to that normally required by the Customer, end fuel in storage in an
amount adequate to fulfilf Customer's fuel requirements during periods of curtailment, interruption and discontinuance of
gas service. Company shall not he responsible for determining the type or amount of standby fuel or equipment; such deter.
mination shall be the sole responsibility of Customer.
This ;chedule of Industrial Rates is based on Customers use of gas service for twelve cull months during the contract
year. Thir Schedule of Industrial Rates may he applicable to service to a Customer's temporary facilities for less than twelve
full mont' s during a contract year by the payment by Customer to Company, upon execution of such temporary contract,
of a nor refundable amount which shall he the estimated cost of installing and removing facilities necessary to provide such
servi.e.
Measurement And Billing:
The gas shall be measured at a single meter location and shall not be combined with gas measured through eny other
meter location for the purpose of billing under this schedule. Amounts billed shall be due and payable within ten (10) days
from m mthly billing date.
The first step of each rate shall be applicable when the service period for which bill is rendered is for 16 days or more.
Whenever the initial service period is for 15 days or less during a billing period, the Customer's consumption shall be carried
forward and added to Customer's consumption during the next succeeding monthly service period for billing purposes.
Curtailment:
Subject to governmental regulation, gas service under this Schedule of Industrial Rates shall be s%.:;ect to curtaii,rent,
interruption or discontinuance in a particular service area when necessary in thejudgment of the Company for it to mair'°in
Residential and Commercial Rate service and Industrial service having a higher priority. Service shall be furnished by
Company and received by Customer in accordance with the following order of priority:
l ,
•
(1) Residential and Commercial Rate service
(1) Military Rate service
(2) Industrial Rate 1 service
The following priorities in descending order shall )e observed as sub-priorities for Rate 1:
1. Small commercial (less than 100 Mcf on a peak day).
2. Large commercial (100 Mcf or more on a peak day) and industrial requirements for
pilot lights and plant protection gas.
3. Small industrial (less than 3,00G Mcf on an average day) requirements for feed-
stock and process gas needs.
4. Large industrial (3,000 Mcf or more on an average day) requirements for feedstock
and process gas needs.
5. Industrial requirements not specified in priorities 3, 4, or 6.
6. (a) Boiler and other indirect flame applications (300 Mcf or less on an average day)
with alternate fuel capabilities.
(b) Bo;ler fuel and other indirect flame applications (more than 300 Mcf on an aver-
age day and less than 3,000 Mcf on en average uay) with alternate fuel
capablities.
(c) Boiler fuel and other indirect flame applications (3,000 Mcf or more on an aver-
age day) with alternate fuel capabilities.
(3) Public Free School Rate service
(4) Industrial Rate 2service
(5) Industrial Rate 3 service
(5) Special Electric Generation service
(6) Dump interruptible sales made subject to interruption or curtailment at Seller's sole dis-
cretion under contracts or tariffs which provide in effect for the sale of such gas as Seller
may be egreeable to selling and Buyer may be agreeable to buying from time to time.
Monthly Rates:
Subject to Company's limitations on the availability of each rate, Customer shall receive service under its choice of one
of the following rates in accordance with the rate selected by Customer as provided in the contract:
RATE 1
First 125 Mcf or less $ 171.25
IUI over 125 Mcf @ 1.33
RATE 2
First 600 Mcf or less $ 756.00
All over 600 Mcf 0 1.185
RATE 3
First 1,250 Mcf or less $1,431.50
All over 1,250 Mcf 1.125
Adjustment For Heat Content:
This Schedule of loaustrial Rates is based upon the delivery of gas having an average total heat value of 1,000 British
thermal units (Btu) per cubic foot. Should the average total heating value of gas delivered in any monthly period be more or
less than 1,000 Btu Vier cubic foot, the measured volume for such period shall be increased or decreased, respectively, in the
percentage by which the average heating value of such gas is greater or less than 1,000 Btu per cubic foot 'rho monthly aver-
age total heating value of the gas at a pressure of four ounces plus 14.4 pounds per square inch and at a temperature of 60 de-
grees Fahrenheit shall be determined at Company's expense by the use of standard methods and procedures.
Adjustmen' for Gas Cost:
Tie foregoing rates are based upon a weighted average cost of gas purchased by Lone Star Gas Company of 80 cents per
1,000 cubic feet (Mcf) based on a pressure of four ounces per square inch above an assumed atmospheric pressure cf 14.4
pounds per square inch and at a temperature of 60 degrees Fahrenheit. The 'Weighted average cost of gas purchased;' as
used herein, shall be computed by dividing the total amount paid or accrued by Company (as reflected by Company's Gas
Purchase Accounts), including any production, severance, dedication or gathering tax paid or accrued by Company directly
or by way of reimbursement to its gas suppliers, to producers, processors, transporters, or other sellers of gas in the latest
available fiscal month by the total volume of pipeline quality gas in Mcf purchased by Company during said period.
Whenever the weighted average cost of gas purchased is more or less than 80 cent: per Mcf, the amount billed under this
schwule shall be increased or decreased by the amarnt of such difference multiplied by the consumption in Mcf, without ad-
justment for heating value. In applying the gas cost adjustment clause, the adjustment shall be computed to the nearest one.
hundredth of one cent.
Adjustment for Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a proportionate part of all taxes or rentals which now are or
which may be levied, charged or imposed by any governmental body under authority of any law, ordinance orcontract for
the use of the pubile streets, alleys end thoroughfares in the conduct of Company's business, or because of Company's oc-
cupation; and Customer shall pay Company an amount equivalent to a proportionate part of any new tax or increased tax or
any other governmental imposition, rental, fee or charge levied or charged after July I, 1915, (except state, county, city, and
special district ad valorem taxes, taxes on net income and any production or similar tax included in the weighted average
cost of gas as provided in the gas cost adjustment clause).
i
i
FORM 3:6e ++-7s lone Star Gas Company
AIR CONDITIONING RIDER - M
STATE OF TEXAS
Application:
Applicable to gas service under Rates 1, 2, end 3 of Company's Schedule of Industrial Rates-M, and under Company's
Rete Schedule for Public Free Schools-M, when the customer uses such services for process and/or comfort cooling purposes
during the months sho,in herein.
The provisions of the rates specified above are modified by the attachment thereto of this rider only as shown herein.
Monthly Rate:
The following rates shall be applicable to correspond with the rate specified in the contract to which this rider is attached
and shall he subject to the terms and conditions, including adjustments, set forth in the Schedule of Industrial Rates-M or in
Rate Schedule for Public Free Schools-M.
RATE I
All Gas Delivered Under This Rider @ $1.26 per Mcf
RATE 2
All Gas Delivered Under This Rider @ $1.11 per Mcf
RATE3
All Gas Delivered Under This Rider @ $1.11 per Mcf
RATE FOR PUBLIC FREE SCHCOLS
All Gas Delivered Under This Rider @ $1.24 per Mcf
Volume Determination:
The portion of the monthly gas consumption subject to this air conditioning rider shall be computed on the following
basis:
April 3 Mcf per nominal ton installed capacity;
May 5 Mcf per nominal ton installed capacity;
June 8 Mcf per nominal ton installed capacity;
July 9 Mcf per nominal ton installed capacity;
August 9 Mcf per nominal ton installed capacity;
September 8 Mcf per nominal ton installed capacity;
October 5 Mcf per nominal ton installed capacity;
November 3 Mcf per nominal ton installed capacity.
Installed capacity shall mean name-plate capacity of the plant normally and regularly used for maximum conditions and does
not include standby or unused facilities. The Mcf so computed shall not exceed 95% of the total monthly consumption. All
gas consumption in excess of the volumes subject to this air conditioning rider shall be billed in accordance with the terms
of the Rate Schedule to which this rider is attached.
Customer Name
Number of tons applicable under this Eder
FORM 5655 7-76
LONE STAR GAS COMPANY
STATE OF TEXAS
SCHEDULE OF INDUSTRIAL RATES-M
FOR
AGENCIES OF THE STATE OR FEDERAL GOVERNMENT
The rates of Lone Star Gas Company for industrial gas service hereinafter quoted are available
to any industrial gas customer which is an agency of tha state or federal government and can be
served from and without exceeding the capacity of Company's existing system upon the terms,
conditions, and limitations recited herein. Service under this Schedule of Industrial Rates is
subject to Company's rules, regulations and standard operating procedures. The rates shall not be
available for standby use, but shall be available only to customers purchasing from Company
their entire natural gas fuel requirements at the premises and location at which service is rendered
hereunder. The gas delivered hereunder is for the individual use of customer and shall not be
resold.
These rates shall not be available to residential customers and shall be available to schools,
churches, rooming or boarding houses, orphanages, homes for the elderly, dormitories, hospitals,
motels, hotels, apartment buildings or other buildings used primarily as living quarters, or anY
other use which may be considered human need, only if Customer has standby equipment for the
use of other fuel of at least equal capacity to that normally required by the Customer, and fuel in
storage in an amount adequate to fulfill Customer's fuel requirements during periods of
curtailment, interruption and discontinuance of gas service. Company shall not be responsible for
determining the type or amount of standby fuel or equipment; such determination shall be the
sole responsibility of Customer.
Measurement And Billing:
The gas shall be measured at a single meter location and shall not be combined with gas
measured through any other meter location for the purpose of billing under this schedule.
Amounts billed shall be due and payable within ten (10) days from monthly billing date.
e first step cf each rate shall be applicable when the service period for which bill is rendered
is or 16 days or more. Whenever the initial service period is for 15 days or less during a billing
period, the Customer's consumption shall be carried forward and added to Customer's
consumption during the next succeeding monthly service period for billing purposes.
Curtailment:
Subject to governmental regulation, gas service unde,- this Schedule of Industrial Rates shall be
subject to curtailment, interruption or discontinuance in a particular service area when necessary
Customer Name Account No.
Service request0 at Rate Requested by
road. ❑ outside ❑ city Lim Its Fiscal Year
6u is ❑ is not ❑ ramund thou ?PMS
Effective Date
in the judgment of the Company for it to maintain Residential and Commercial Rate service and
Industrial service having a higher priority. Serviceihall be furnished by Company and received by
Customer in accordance with the following order of priority:
I (1) Residential and Commercial Rate service
(1) Military Rate Service
(2) Industrial Rate l service
The following priorities in descending order shall be observed as
sub-priorities for Rate 1:
L Small commercial (Less than 100 Mcf on a peak day)
2. Large commercial (100 Mcf or more on a peak day) and
industrial requirements for pilot lights and plant protection
gas.
3. Small industrial (less than 3,000 Mcf on an average day)
requirements for feedstock and process gas needs.
4. Large industrial (3,000 Mcf or more on an average day)
requirements for feedstock and process gas needs.
5. Industrial requirements not specified in priorities 3, 4 or 6.
6. (a) Boiler and other indirect flame applications (300 Mcf or
less on an average day) with alternate fuel capabilities.
(b) Boiler fuel and other indirect flame applications (more
than 300 Mcf on an average day and less than 3,000 Mcf on
an average day) with alternate fuel capabilities.
(c) Boiler fuel and other indirect flame applications (3,000
Mcf or more on an average day) with alternate fuel
capabilities.
(3) Public Schools Rate service
(4) Industrial Rate 2 service
(5) Industrial Rate 3 service
(5) Special Electric Generation service
(6) Dump interruptible sales made subject to interruption or curtail-
ment at Seller's sole discretion under contracts or tariffs which
provide in effect for the sale of such gas as Seller may be agreeable
to selling and Buyer may be agreeable to buying from time to
time.
Customer shall receive service under its choice of one of the following rates, and the rate so
selected by Customer shah remain in effect until changed by Customer or Company in the
manner herein provided. Customer may, not later than twenty (20) days after the beginning of
any fiscal year of Customer, notify Company in writing of its election to receive service during
such fiscal year tinder any other rate within Company's then applicable Schedule of Industrial
Rates for Agencies of the State or Federal Government. Company may revise its Schedule of
Industrial Rates for Agencies of the State or Federal Government, and any such revised Schedule
of Industrial Rates shall be applicable to the gas purchased by Customer from and after the end
of the fiscal year in which such revision is made. For the purposes hereof the fiscal year for
Federal agencies shall begin on July I of each year and for State agencies on September 1 of each
year.
Monthly Rates:
Subject to Company's limitations on the availability of each rate, Customer shall receive
service under its choice of one of the following rates in accordance with the rate selected by
Customer as provided in the contract:
RATE 1
First 125 Mcf or less S 171.25
All over 125 Mcf @ 1.33
RATE 2
First 600 Mcf or less S 756.00
All over 600 Mcf @ 1.185
RATE 3
First 1,250 Mcf or less $1,437.50
All over 1,250 Mcf @ 1.125
Adjustment for Heat Content:
This Schedule of Industrial Rates is based upon the delivery of gas hating an average total heat
value of 1,000 British thermal units (Btu) per cubic foot. Should the average total heating value of
gas delivered in any monthly period be more or less than 1,000 Btu per cubic foot, the measured
volume for such period shall be increased or decreased, respectively, in the percentage by which
the average heating value of such gas is greater or less than 1,000 Btu per cubic foot. The
monthly average total heating value of the gas at a pressure of four ounces plus 14.4 pounds per
square inch and at a temperature of 60 degrees Farenheit shall be determined at Company's
expense by the use of standard methods and procedures.
Adjustment for Gas Cost:
The foregoing rates are based upon a weighted average cost of gas purchased by Lone Star Gas
Company of 80 cents per 1,000 cubic feet (Mcf) based on a pressure of four ounces per square
inch above an assumed atmospheric pressure of 14.4 pounds per square inch and at a temperature
of 60 degrees Fahrenheit. The "weighted average cost of gas purchased," as used herein, shall be
computed by dividing the total amount pa'd or accn:ed by Company (as reflected by Company's
Gas Purchase Accounts), including any production, severance, dedication or gathering tax paid or
accrued by Company directly or by ;.'3y of reimbursement to its gas suppliers, to producers,
processors, transporters, or other sellers of gas in the latest available fiscal month by the total
volume of pipeline quality gas in Mcf purchased by Company during said period.
Whenever :he weighted average cost of gas purchase J is more or less than 80 cents per Mcf, the
amount billed under this schedule shall be increased or decreased by the amount of such
difference multiplied by the consumption in Mcf, without adjustment for heating value. In
applying the gas cost adjustment clause, the adjustment shall be computed to the nearest
one-hundredth of one cent.
Adjustment for Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a proportionate part of all tax, s or
rentals which now are or which may be levied, charged or imposed by any governmental body
under authority of any law, ordinance or contract for the use of the public streets, alleys and
thoroughfares in the conduct of Company's business, or because of Company's occupation; and
Customer shall pay Company an amount equivalent to a proportionate part of any new tax or
increased tax or any other governmental imposition, rental, fee or charge levied or charged after
July 1, 1974, (except state, county, city, and special district ad valorem taxes, taxes on net
income and any production or similar tax included in the weighted average cost of gas as
provided in the gas cost adjustment clause).
a~
GENERAL TERMS
1.
Gas shall be delivered to Customer at Company's operating pressure at the point of delivery. The
point of delivery of gas to Customer hereunder shall be at the point where the gas first passes from
Company's equipment into Customer's equipment, at which point the title to and ownership of the gas
shall vest in Customer. Company shall not be liable for any loss, damage, or injury resulting from
the gas or its use after it leaves the aforesaid point of delivery, all risks thereof and therefrom being
hereby assumed by Customer.
H.
(a) The gas shall be measured at a single meter location by standard meter or meters furnished
and Installed by and at Company's expense ata place mutually agreed upon. Customer shall provide,
In accordance with Company's specifications, the necessary service line on Customer's premises to
connect with Company's line and suitable space and easement for Company's lines and other equip-
ment. Customer shall use due care to protect Company's property which Is located on Customer's
pre:-qises from damage and shall permit no person other than an agent of Company, or a person
other then an agent of Company, or a pet son otherwise lawfully authorized, to tamper with, inspect
or remove. same. All property belonging to Company and located on Customer's premises shall be
removable by Company at any time during the term of this contract and within a reasonable time
after its termination or after reasonable notice of Customer's desire to have such property removed,
title thereto remaining in Company at all times. Company shall have full and free ingress to and
egress from Customer's premises for the construction, inspection, maintenance, repair and removal
of Company's property thereon or for any purpose connected with the service of gas hereunder.
(b) Customer agrees to keep the gas-burning equipment and appurtenances which may be located
on the aforesaid premises ingoodconditionandin conformity with the requirements of any applicable
city ordinance, state law, rule, ordrror regulation of any governmental authority having jurisdiction
and to comply with all of Company's reasonable rules and regulations.
(c) For the purpose of this contract the unit of measurement shall be 1,000 cubic feet of gas at
the pressure at which it is measured, except when such gas is measured at a gauge pressure in
excess of 4 ounces per square inch. The volume of gas measured at a gauge pressure in excess of
4 ounces per square inch shall be e.ijusted by computation in accordance with the Ideal Gas Laws,
corrected for deviation, to the volume that it would occupy at a gauge pressure of 4 ounces per square
inch. In such computations a value rf 14.4 pounds per square inch shall be used for atmospheric
pressure and a value of 60 degrees Fahrenheit shall be used for the base and flowing temperature of
the gas.
(d) Meter measurements computed by Company according to its standard operating practices
shall be conclusive except where meter is found to be inaccurate by as much as 3 per cent fast or
slow or failed to register, in either of which cases Company shall repair or replace the meter. The
quantity of gas delivered while the meter was inaccurate or failed to register shall be determined
by correcting the error if thepercentageof error Is ascertainable by calibration test or mathemati-
cal calculation. If not so ascertainable, then it shall be determined by estimating the quantity on a
basis of deliveries under similar conditions when the meter was registering accurately. No adjust-
ment or correction for meter Inaccuracy or failure shall be made for a period longer than 90 days.
III.
Gas sold and service rendered hereunder shall be subject to the priority of service provided in
the Schedule of Industrial Rates, and Customer agrees to select hereunder the rate which affords
priority of service necessary and best suited to Customer's particular type of operations. When
notified by Company to do so, Customer agrees to curtail or discontinue the use of gas hereunder
in conformity with such notice according to the service priority provided for in this Schedule of
Industrial Rates. If Customer classifies his business and operations as being essential to the public
health and safety or otherwise considers continuity of his fuel service essential, then he shall pro-
vide stand-by fuel and equipment adequate to meet his fuel requirements during periods of inter-
ruption of gas service under this contract. Company cannot and does not guarantee a constant supply
of gas hereunder. Inability or failure of Company to deliver or Customer to receive gas or perform
this contract shall not be the basis of claims for damages sustained by either party or for breach
of contract when due to Act of God or governmental authority, the elements, labor troubles, fires,
accidents, breakage, repair or change of or obstructions in pipelines, equipment or machinery,
depletion or failure of gas supply, fluctuations in gas pressure, demands in excess of the capacity
of Company's equipment, pipelines, or sources of gas supply, or other causes or contingencies
reasonably beyond the control of either party hereto.
A~96-WARRANTY DEED-With Cmc.l. d Capomtioe AekmvWjmmU MARTIN S"=wy Co. Danu
THE STATE OF TEXAS, I Know All Men By These Presents:
County of...... DENTON
DEED RECORDS
That VELLETTIA MOONEYHAM, Sarah Francis M. Miller, Bobby Jean M. Paraske%rc
Gussie Dell M. Minnigh and Rose Augustine M. Usry.
18306
of the County of Denton State of Texas for and in consideration of
the Eum of Five thousand eight & 40/100
DOLI.ARS,
to me, in band paid by the City of Denton, Texas, a Municipal
Corporation
bave Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas, a Municipal Corporation
Of the County of Denton , State of Texas all that certain
All that certain lot, tract or parcel of land lying and being situate,
in the City and County of Denton, State of Texas, and being part of the
A. Hill Survey, Abstract No. 623, and being part of a tract of land as
conveyed from W. H. Parker to R. C. Mooneyham by deed dated June 28,
1937 and recorded in Volume :64, Page 562 of the Deed Records of Denton
County, Texas and more particularly described as followst
BEGINNING at the northwest corner of said Mooneyham Tract, said point
of beginning lying in the existing south right of way line of Eagle
Drive at the intersection of the south right of way line of Eagle Drive
and the east right of way lino of new Carroll Boulevard and also being
the northeast corner of a tract of land conveyed by James H. Normile to
Joseph L. Normile by deed dated February 9, 19501
THENCE east along north boundary line of said Mooneyham Tract, same beinc
the south right of way line of Eagle Drive a distance of 169 feet to a
point for a corners
THENCE south 820 53' west a distance of 104.8 feet to a point, said point
being 13.0 feet south of north boundary line of said tract, same being
the south right of way line of Eagle Drivel
THENCE west 13 feet south of and parallel with the north boundary line
of said tract, same being the south right of wa1 of Eagle Drive, a dis-
tance of 65.0 feet to a point: for a corner on the west boundary line of
said traotl
Hot 804 w 2U
114ENCt north along the west boundary line of said I.ract a distance of 13
eat to'the vl~ca of beginning and containing 1,52:,00 square feet of
an , more o ess..., a,
L IN
Yep 804 wE 214
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal
Corporation, its successors
11f7rand assigns forever; and I do hereby bind myself, my
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texas, a :4unicipal Corporation, its successors
WW and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any pin
thereof.
VAuws my hand at Denton, Texas this day of
Witnesses at Requ tor:
r.. r rrrr.._._..r...rC~o,4s L......rr..r..r .
J, qTTIAy~IE,Y
w..
N.. N. W.YY. Mr.W.~..~.rrr.r.... r r. r..r.urr..rrrrw.. !y~77~/ r•".`N4/~/~A/~. ✓.h lr r!~~~~r,ir..~/..•IIiMN...
1'CSyCuI'/+-..I.R.~~•w1..4.Jq.
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ACKNOWLEDGMENT
THE STATE OF TEXAS,
i BEFORE ME, the undersigned authority,
DENTON 1{
.FranC S_
........_...I.......-.-......... _
1a and for raid County, Tau on this day personally appeared._ Vellettia Monne ham Sarah.
M. Miller and Bobbie Jean M, Paraskevas
known to me It .whose namt.SAU %ubs:n'bed to the foregoing instrument, and acknowledged to me that
they :,exlcbte¢theiuob Purposes and consideration therein exprasea
GI I6ER h&, HANQ jk1 D SEAL OF OFFICE, 'I'bis.. OT4 A.D. 191A....
-
rr• C ` Notary Public,- Denton...----..-_County, Tau
My Commission Expisq June..__ -.._...__l._............ 19-11
ACKNOWI.EDCHENT
THE STATE OF TEXAS,
_ BEFORE ME, the undersigned authority,
COUNTY OF_cI~IQ__.._..._ . ~1 1
to and for said County, Tt-a, on this day personally appeared._..y,p~0ee....4
_d7n
i `
f IEbowa to me to' Tke penoo_.~_..whox name...........GA._.--.aubxa'bed to the foregoing Instrument, sad acknowledged to me that
_.he~exwuW the same for the purposes and con& Itration therein expressed. Ain /y
r GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thls._7A ~ydxy~ Of....... A.D. 19!~
40
40 0
(US
rip # 1 Notary Pubbc. E R I E-V UUE•$&b1W4- -...County, Tan
Notary Publk In and for 1 4bd% Cou;ty"Tnu
My ComyntfPJiPy It g~ircs' iur» k; }4TH _ 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TIE S,
TI £Gs N t T1 _ BEFORE ME, the undersigned authority,
COUNTY , I
In and for said County, Tens, on this day penonaRy appeared_ YrCdlJ% :Qr_
r_.._._._......., known to me to be the person Lod officer
whose name 1; subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said............
a corporation, and that be executed the same as the ad of such corporation for the purposes and consideration tbenln espresad, and in
the capacity therda stated
A.D. 1Q 4
GIVEN UNDER MY HAND ..ND SEAL OF OFFICE, This ........~C~......day ofi
iii (LS.) .
Notary PubBc,__ &44 c- k ~Ar G
My Commission Expires June .................._Ir..7 .....-.,L._....,
THE STATE OF TEXAS,
COUNTY
County Get% of the Coualy Court of said County, do hereby certify that the fcregoing instrumnn of writing dated an ....day ef_ _ A.D. 19....._, with lu Certldcote
of Autheatiutfon, wu filed for record is my office
ca lba__..............day A.D. 19-_._., at........ ._...o'clock.__....__ M., and was duly recorded this....__......
dty A.D. 10_. at................. o'cIodL__.._..__f, In the Records of said County, In Vol-
o[
U a _ , oo Pagtsr
WITNESS my hand and seal of the County Court of said County, at my office to
_ _ 1ha day and year last above written.
II Clerk Couay CouR. _ p County, Twat
Deputy.
i
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Statement by President C.C. Nolen of North Texas State University before
Denton City Council meeting Tuesday, July 20, 3.976.
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Statement by Academic Vice-President Or. Miles Anderson of North Texas
State University before Denton City Council meeting Tuesday,
July 10, 1916.
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EXHIBIT B
THE STATE OF TEXAS X AFFIDAVIT OF
COUNTY OF DENTON X MILES E. ANDERSON
Before me, the undersigned authority, personally appeared
MILES E. ANDERSON, who was duly sworn by me and on his oath V
stated the following:
"I am Miles E. Anderson, Vice-President for Acaeemic
Affairs ad interim at North Texas State University.
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"I was furnished with a detailed study of the educational
program and facilities requirements of the Department of
Health, Physical Education and Recreation of North Texas State
University prepared by a committee appointed for that purpose
by the University President. The Committee was made up of
faculty members and students in this department and of the
associate dean of the College of Education of the University,
and was known as the Committee on Physical Facility Needs for
Health, Physical Education and Related Areas.
"The Committee was formed because existing facilities
for health, physical education and recreation had been found
to be inadequate on the basis of a comprehensive campus plan
prepared for the University by the planning firm of Caudill
Rowlett Scott of Houston, Texas.
"The foregoing planning process revealed that existing
facilities for health, physical 'education and recreation are
seriously inadequate on tt,e criteria of size, suitability for
program, age and condition of facilities, and location on the
campus.
"To provide professional assistance in planning new
facilities for health, physical education and recreation, the
Board of Regents of North Texas State University retained tho
firm of Jarvis Putty Yarvis of Dallas, with Mr. Donald E. Jarvis
as project architect.
"The aforementioned Committee made a determination of the
assignable apace required for the health, physical education
P--page 1 of' 3 pages
and recreation program of the University. This was based on
a detailed study of the weekly student contact hours required
for organized classes, class laboratories, and activity
instruction, together with the office and research space
needed for the department's faculty.
"The existing program at current enrollment levels
requires 205,000 square feet of assignable building space.
At present, all of the University's facilities for this
purpose total 90,000 square feet. Much of this is too old
and unsuitable for the proper conduct of the program.
"The design for the health, Physical Education and
Recreation Center accommodates the requirement for assignable
space by providing new facilities to be used in conjunction
with existing facilities in the Men's Gymnasium and the
Coliseum.
"Furthermore, the Committee study determined that the
existing outdoor activity space for the Department falls
short of meeting program needs and that an additional 520,000
square feet of outdoor activity space is required. The design
for the Health, Physical Education and Recreation Center
provides for 141,000 square feet of outdoor space toward this
requirement.
"The Health, Physical Education and Recreation Center
must be located within the planning boundaries approved by
the Board of Regents of North Texas State University and sub-
sequently by the Coordinating Board, Texas College and University
System s
"The project architect has thus prepared a design for
tho Health, Physical Education and Recreation Center which
(1) complies with campus boundaries established by the
Coordinating Board, (2) consolitates in one area activities
now being conducted in nine scattered facilities, (3) provides
adequato educational facilities not now in existence, and
XAhibwt D.-page 2 of 3 pages
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(4) replaces obsolete! facilities which are inadequate and l
unsuitable for the existing program.
"The site selected for the Center is the only one which
can accomplish all of these purposes, and this cannot be
done unless the area now occupied by Avenue D between Highland
and Chestnut an4'%;y Prairie Street between Avenues C and E is
uzed as an integral part of the site."
MILES E. ANDERSON
SWORN TO and SUBSCRIBED by MILES E. ANDERSON before me the
undersigned authority on this 3rd day of March 1976.
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Notary Public in and for
Denton County, Texas
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Exhibit B--page 3 of 3 pages
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Statement of Architect Donald Jarvis read by Dan Collingsworth, University
Architect at North Texas State University, before Denton City
Council meeting Tuesday, July 20, 1976.
THE STATE OF TEXAS X AFFIDAVIT Or
COUNTY OF DALLAS X DONALD E. JARVIS
Before me, the undersigned authority, personally appeared
DONALD E. JARVIS, who was duly sworn by me.and on his oath stated
the following:
"I am a registered professional architect in the State
of Texas and have been retained by North Texas State Univ-
ersity as proj?ct architect for the design of a Health,
Physical Education and Recreation Center for the University.
In recommending a final location for these new facilities
the following criteria were deemed to be controlling:
"1. Locate the new facilities close to existing physical
educational buildings, especially the Men's Gymnasium,
for efficiency in staffing, economy of operation, and
more practical multiple use of dressing and activity
areas.
"2. Locate the facilities where students may move from
dressing rooms to outdoor activity fields without
crossing streets.
13. Locate the activity fields on terrain that is
relatively open and not sharply sloping or heavily
wooded.
04. Locate the facility where student pedestrians may
approach it easily from main campus walkway systems
and where vehicular access is convenient from the
west.
05. Locate the facility where its construction can be
accomplished in a logical sequence.
"The ground area required by the open activity fields
and buildings is considerably larger hhan any of the separate
blocks bounded by existing streets. To meet the criteria set
forth herein above, it is necessary to close certain city
streets to obtain the required area for the construction
of these facilities.
"The specific site selected for this purpose required
that Avenue D be closed as a city street between Highland
and Chestnut and that Prairie Street be closed between
Avenues C and E. This is the only area within the planning
boundaries as designated and approved by the Coordinating
Board, Texas College and University System for North Texas
State University which satisfies the aforementioned criteria
as the site for the Health, Physical Education and Recreation
Center at the Unl;~riity."
DONALD E. JA IS
SWORN TO and SUBSCRIBED by DONALD E. JARVIS before me the
undersigned authority on this 3rd day of March 1976.
Notary Public in and for
Dallas County, Texas
Letter from Robert A. Nichols, Denton businessman, read by his son,
David Nichols, Denton businessman, before Denton City Council
meeting Tuesday, July 20, 1976.
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Statement and letters from NTSU Regent Ken May of Lubbock and Denton
native and businessman Newton Rayxor, read by Dr. Roy Busby,
Assistant to the President and Secretary to the Board of Regents
at North Texas State University, before Denton City Council
meeting Tuesday, July 20, 1976.
Statement by Dr. John Douthitt, Chairman, Department of Health, Physical
Education and Recreation at North Texas State University, before
Denton City Council meeting Tuesday, July 20, 1976.
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July 13, 1976
Dear Mayor and Councilmen=
Please accept the following as this citizen's judgment concerning
NTSU's request for street closings on Avenue D and Prairie Street:
(1) The 12 million dollar physical education complex is needed
for North Texas to continue in its pursuit of excellence for its stu-
dent body.
The land requested is essential for a first class facility, other-
wise North Texas would not be making the request.
(2) This complex would encourage the continuing growth of the
University and all segments of the Community that depend upon the
University.
Surely no one can say that North Texas is not Denton's main Indus-
try. To encourage the growth of the University is to assure the pros-
perity of all who live and work in this city.
A recent article in the Enterprise told of only 41 single family
building permits for the first five months of this year. At a rate of
only S houses per month, after allowing for demolitions and obsolescence,
this is practically ,a no growth status for our town. In fact we ranked
only fourth in Denton County and only slightly ahead of Lake Dallas in
building! This should be alarming to anyone who is interested in our
community.
(3) This project should not be viewed so much as a street closing
as an opportunity to build.
There is nothing sacred about street closings. Witness the City's
own initiative in closing Austin street, Oakland street and re-routing
Parkway for the benefit of the Federal government, the City and the
County.
The street sections asked to be closed are not' main arteries and
at present serve essentially only the University community.
(4) Some say "Let the Courts settle it". Is this good reasoning?
The courts can only decide who has legal rights. The people of the City
of Denton should decide what is bdstefor their community. A decision on
the legal right to condemn 'Will actually settle nothing in a substantive
way for the citizens of this community.
(5) It is easy to say "no"- or pass the buck to the Courts - but
I believe our City Council has the wisdom and foresight to act affirma-
tively in this matter. This does not have to be a "give away?" - but
neither does it have to be a bargain and sale. Surely the University
would bear its share of the expense# including alternate routing of
traffic.
~SSin~cerely# D
Robert A. Nichols
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October 7, 1975 Continued
(C) ORDINANCE NO. 75-33
AN ORDINANCE ANNIAING A TRACT OF LAND CONTIGUOUS AND ATIJACENT TO UIE CITY OF
DINMN, TEXAS; BEING ALL TIEAT LOT, TRACT OR PARCEL OF IAND CONSISTING OF 188.9
ACRES OF LAND LYING AND BEING SITUATED IN T19" COUNTY OF DENTON, STATE OF TEXAS
AND BEING IN 1111: J. SMIT'11 SURVEY, ABSTRACT NO. 1180, F. MMS1Y SURVEY, ABSTRACT
No. 11021 T & P RAILROAD CUMANY SURVEY, ABSTRACT NO. 1536, AND TIE R. KNIC,IIT
SURVEY, ABSTRACT NO. 702, DF.NT)N COUNTY, TEXAS; CLASSIFYING TIM SAME AS "A"
AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. t
Motion was made by Mitchell, seconded by King that the ordinance be
pissed. On roil call vote Stephens voted "ay:'', Ilughos voted "aye", Hitchell
voted "aye", King voted "aye" and Jester voted "aye". Motion carried.
17. The Council considered an Ordinance setting rates on water and sewer.
The Council was briefed by the City Manager who stated that the rates had been
recommended for approval by the Utilities Board.
Motion w-as made by Stephens, seconded by Mitchell that the Ordinance
be tabled until a study session has been held. Motion carried.
18. (A) The following Resolution was presented:
A RESOLUTION BY TIM CITY COUNCIL OF WE CITY OF DEMON, TEXAS, REIATIMI, TO CERTAIN
DOCUNUMS AND CONTRACTS BETWEEN TIIE TEXAS WNICIPAL MN E_R AGENCY AND 111IRD PARTIES:
RESOLVING THAT SUCII DOCLMN`fS BE FILED IN TIE- OFFICIAL RECORDS OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
RHERI:AS, this governing body has heretofore authorized the execution of a contract
by and between this City and the Texas Municipal Power Agency; and
MI£REAS, this Council has been supplied with other documents relating to the same
transactions which are to be executed by other parties, and this Council deems
it proper that such documents be filed with the City Secretzry of this City in
order that an official record will be maintained of all of the proceedings
contemplated in connection with the financings of said Agency; therefore,
BE IT RESOLVED BY WE CITY COUNCIL OF TI1E CI'T'Y OF DENPON, TEXAS:
SECTION 1: That receipt of the documents entitled:
(1) Preliminary Participation Agreement,
(2) Contract for Development of Fuel Resources and Planning Electric
Generation Facilities,
(3) Contract for the Performance of Certain Duties,
(4) Specification of the Manner in which Part of the Maintenance
And Operating Expense's of the Corporation will be Paid by the Agency,
(5) Articles of Incorporation of Texas Power Pool, Inc.
(6) By-Laws of Texas Power Pool, lrc.,
(7) By-Laws of Texas Municipal. Power Agency, and
(8) Resolution by the Board of Directors of the Texas Municipal Power
Agency, relating to the authorization and issuance of $10,625,000
"TEXAS NAINICIPAL P0WER'AGR0 REVENUE BONDS, SERIES 1975".
is hereby acknowledged and made a part hereof for all Iarposes. This resolution
and such documents shall remain a part of the files of the city.
SECTION 2; :Jothing herein shall be construed as requiring the approval of this
governing bocy of any document amendatory or supplemental to the instruments
attached hereto carless the same is required by the "Contract for the Development
of Fuel Resources, Planning Electric Ger.aration Facilities and Performing Certain
Duties", or unless the same is required by the documents attached hereto.
a (Documents filed in Packet #47S0 in the City Secretary's File)
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NO. 74.37
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, HERESY ORDAINS, THAT
Ordinance No. 75-46 , ordering the improvements of the
hereinafter named streets and levying the assessments was pass-
ed on the Gth day of November , 1975 A. D., and
the work of improving the streets descr`_bed 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 suc?i 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 saia 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 k~tve been per-
formed and completed in full compliance with the 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 3rd day of August ,A.D.
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ELI OR HUGHES, MA R
CITY OF DENTON, T AS
ATTES
S HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
4UL D
. I HA , C~~ATTORNEY
CITY OF DENTON, TEXAS
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the System, all costs, charges, and expenses of replacements and renewals of the System and all taxes,
assessments or other governmental charges lawfully imposed on Agency or on the revenues of the
System or payments in lieu thereof, and the deposit or payment of any and all amounts which the Agency
may now and h-rearter become obligated to dept,,it into any fund or pay from revenues of the System, by
law, contract, or any Bond Resolution.
(d) "Annual System Budget" shall mean, with respect to a Contract Year, the budget of the
Agency prepared in accordance with Section 6 her.of for such Contract Year or, in the case of an
amended Annual System Budget, for the remainder or each Contract Year.
(e) "Approved Project" shall mean a Project which has been approved pursuant to Section 13
of this Contract, The term does not include Projects which may be approved after the Agency is
recreated pursuant to Section 16 of this contract.
(f) "Bonds" shAl mean all bonds issued by the Agency pursuant to the Bond Resolution.
(g) "Bond Rcsolutinn" ball mean the resolution authorizing the issuance of the "Texas Municipal
Power Agency Revenue Bonds, Series 1976," and any resolution subsequently adopted by the Agency
which authorizes the issuance of Bonds, including refunding Bonds, on a parity wip¢ the said Series
1976 Bonds. Subject to the provisions of paragraphs (e) and (f) of Section 14, in either of the
events that (i) a City disapproves a Project (pursuant to Section 13 hereof) and elects Option One
or (ii) the Agency is recreated parsuan, to Section 16 hereof and entities other than all of the Cities
of Bryan, Denton, Garland and Greenville contract with the Agency to provide moneys for the
payment of any obligation of the Agency, obligations [hereafter issued shall not be on a parity with
the Series 1976 Bonds, and such obligations, if any, shall not be deemed to have been issued pursuant
to the Bond Resolution.
(h) "Contract Year" shall mean the fiscal year of the Agency as from time to time determined by
the Agency; provided, however, the first Contract Year of the Agency shall begin on the effective date of
this Contract and shall end on the last day of [he fiscal year of the Agency within which this Contract
becomes effective.
(i) "Debts" shril mean Bonds and Subordinated Indebtedness, as defined in the Bond Resolution,
together with interest [hereon, and redemption premiums, if any.
(j) "Debt Service" or "Debt Service Requirements" shall mean, with respect to any period, the
net aggregate of the amounts required to be paid during said period on any Debts outstanding as the
tame shall become due.
(k) "Development Project" shall mean any one or more of the following: (i) repairs, replacements,
or modifications to an existing generating facility owned In whole or in part by the Agency, and which
are designed to increase or maintain an operating efficiency of the facility or (ii) preliminary and
developmental work to determine whether any work should be undertaken as a Project, or engineering,
legal, and financial studies in connection with the planning, development or utilization of power
resources, rr (iii) any purpose for which proceeds of Bonds may be expended under the Act, except a
Project. The Agency may issue Bonds (in a separate series or combined with Bonds being issued for
other purposes) to provide funds for a Development Project upon compliance with the provisions for the
issuance of Bonds as set forth in the Bond Resolution, but the approval of the Cities, pursuant to
Section 13 hereof, shall not be required.
(1) "Energy" shall mean kilowatt-hours (kwh).
(m) "Piet Energy For Load" shall mean a City's net Energy generation plus Energy received
from others minus Energy delivered to others at the Points of Delivery during the period under
consideration.
(n) "Operating and Maintenance Expenses" sly,ill mean all expenses incurred in the operation and
maintenance of the System and the Agency which ure properly ace tinted for such purpose under
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generally accepted accounting principles. Such term does not include depreciation or obsolescence
charges or reserves therefoi, interest charges and charges for the payment of principal, or amortization,
of Bonds or other indebtedness of the Agency.
(o) "Points of Delivery" shall mean the points on the system of, or available to the Agency, as
set forth in Exhibit A, as amended from time to time by the Agency and the City concerned, at which
Power and Energy are made available to a City pursuant to this Contract.
(p) "Power" shall mean kilowatts (kw).
(q) "Project" shall mean one or wore of the following: (i) any power generating facility (or
interest therein) to be constructed or acquired by the Agency as well as fuel therefor and any trans-
mission facility required to connect or interconnect such generating facility with a City or otters, or
(ii) any addition or improvement to a power generating facility which is then owned, in whole or in
part, by the Agency, or (iii) any contract right to puchase or receive a power supply or transmission
capacity (a) by the making of a pref3yment of capital costs which are associated with the supply or
capacity so purchased, or (b) the execution of a take or pay contract having a duration .,f more than
10 years, including any renewals thereof, or (c) the execution of a contract to purchase Power or Energy
(either or both) on an all requirements basis. The term does not include any facility financed with the
proceeds of Special Contract Obligations as permitted under and defined in the Bond Resolution.
(r) "Rated Capacity" shall mean the maximum load expressed in net kilowatts (kw) that a
generating source (as identified in the definition of Project) is capable of supplying under good operating
conditions.
(s) "System" shall mean the Agency's interest in all properties (owned or operated by or on
behalf of the Agency) which are financed, in whole or in part, through the issuance of obligations by
the Agency for Approved Projects, System Development and Reliability Expenditures, and Development
Projects, prior to the time one of the Cities disapproves a Project under the provisions of Section 13
and elects Option One under paragraph (d) of Section 13. The term also includes any contract
for providing services or Power and Energy, either or both. The initial System is hereby designated
as System A. The term does not include the Agency's interest in any facility financed with the
proceeds of (i) Special Contract Obligations issued by the Agency as permitted under and defined
in the Bond Resolution or (ii) bonds Issued to finance any Project which is not approved by all
of the Cities if a City or Cities which disapprove a Project elect Option One under Section 13,
(t) "System Development and Reliability Expenditures" means those expenditures which the
Agency determines, under prudent utility practices, should be e: pended over a given period of time for
(i) transmission and related facilities to increase the reliability r,f the delivery of Power and Energy by
the Agency or (ii) the exploration for, development of or the acquisitjpn of a fuel supply or supplies
in order to provide fuel for generating facilities which are not then owned or in the process of
construction for and on behalf of the Agency, or (iii) repairs, replacements, or modifications to an
existing generating facility (owned in whole or In part by the Agency or under construction by it)
which are designed to increase the :died Capacity of such generating facility, Such expenditures
which are to be paid from the proceeds of a series of Bonds shall be considered a single Project.
(u) "Uniform System of Accounts" and all other accounting methods and terminology contained
or referred to in this Section or elsewhere in this contract means accounting princip'es, methods and
terminology followed and construed, as nearly as practicable, in conformity with the Uniform System
of Accounts for Class A and Class B Public Utilities and Licensees and accounting rules and regulations
thereunder prescribed by the Federal Power Commission for privately owned power companies which
are subject to its Jurisdiction and engaged in business comparable to the business of the Agency, as
amended from time to time, or such other system as may be required by any regulatory agency.
Secdoa 3s Safe and Purchase of Power and Energy.
(a) Each City during the time this Section is applicable shall:
(1) Purchase and receive from the Agency all Power and Energy which it stall require for
the operation of Its electric system In excess of the amount (1) supplied by any generation and
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transmission facilities owned by it on the effective date of this Contract. tuding generating and
transmission facilities under construction on such date, and improvements or extensions of generating
facilities which increase the Rated Capacity of same so long ac the inere;,se during any period of
two successive Contract Years does not exceed 1014 of the seme's Rated Capacity at the beginning
of such period, provided the Cities and the Agency may, in writing, waive such 10% limit, and
(ii) supplied from any generation facility primarily fueled fro- ^nd the construction and operation
of which is incidental to the disposal of solid waste that is h.,( ,f? r constructed and owned by one
or more of the Cities, together with any transmission facilities that are necessary for the transmission
of Power and Energy therefrom; and
(2) Binds itself to pay for al: Power and Energy purchased or otherwise acquired by it from
the Aeency pursuant to this Section 3, said payment to be made at the rates and charges established
pursuant to Section 7 of this Contract.
The foregoing provisions or this Subsection (a) shall have no application to the purchase or
exchange of Power or Energy (i) on an emergency, maintenance, or stand-by basis or (ii) on
the basis of economic dispatch between the Cities and Brazos Electric Power Cooperative, Inc,
(Brazos), or any one or more of such entities or (iii) under the existing pooling agreement be-
tween the Cities and Brazos and future pooling agreements among the foregoing and others, all,
or any combination thereof, and the Agency.
(b) In the event that the Agency is not able to supply the Power and Energy required or re-
quested under its power sales contracts, it shall allocate its available Power and Energy monthly
among cite (i) Cities pro rata in accordance with their respective Net Energy for Load during the
corresponding month of the preceding Contract Year o 'oss a governmental agency requires a different
allocation and (ii) other power purchasers as may be provided by contract. The Agency shall devote
its best efforts ir the acquisition, by purchase or otherwise, of the Power and Energy :squired to meet
the requirements of its power sales contracts. Daring the period the Agency is unable to supply Power
and Energy required or requested under its power sales contr .cts, so that an allocation of Power and
Energy is made, the Cities shall be permitted (during such period) to purchase only such amounts of
Power and Energy as are not supplied by the Agency.
(e) The provisions of this Section do not apply to any City from and after the effective date a City
(i) disapproves a Project under the provisions of Section 13 and (ii) elects Option One; nor shot the
provisions of this Section apply to a City which disapproves a Project and elects Option Two.
Section 4: Performance of (icrlaln Services.
(a) In addition to the delivery of Power and Energy hereunder and the performance of all acts
and actions incident thereto, the Agency agrees that, to the extent not performed pursuant to or as a
consequence of any other Section of this Contract, it will either perform or cause to be performed,
in a prudent and economical manner, the following services concerning the interrelated activities
of the Agency, the Cities and otherr, as well as various combinations of such parties:
(1) comprehensive planning for Power and Energy and the transmission thereof to mutt ally
agreed upon load centers;
(2) undertake or coordinate and monitor the design, construction and operation of joint
facilities;
(3) plan for and undertake or coordinate and monitor the economic dispatching of Power
and Energy of the System and the systems of the Cities and other entities (to the extent permitted
by contract) to which such systems are interconnected, pursuant to subsequent agreement(s) be-
tween the Cities, the Agency and any other entity;
(4) provide accounting and cost allocation services; and
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(5) such other services as the Agency and a City, from time to time, shall determine to
be appropriate and necessary.
(b) City hereby binds itself to pay for the cost of the services [hat are to be provided by the
Agency pursuant to Subsection (a) of this Section 4, such payment to be made at the rates and charges
established pursuant to Section T of this Contract.
Section S: Delivery of Power and Energy,
(a) The Power and Energy to be furnished under this Contract shall be alternating current,
sixty (60) hertz, three-phase, subject to conditions of delivery and measurement as hereinafter provided.
(b) The Points of Delivery, del;very voltage and other conditions of service shall be in ;accordance
with the service specifications set forth in Exhibit A attached to this Contract, as amended by the
Agency and the concerned City from time to time.
(c) The City shall make and pay for all connections between its facilities and the System owned by
or available to the Agency at the Points of Delivery. The City shall install, own and maintain any
necessary substation equipment at the Points of Delivery from the System of or available to the Agency
and shall install, own and maintain switching and protective equipment of adequate design and sufficient
capacity beyond such Points of Delivery to enable the City to take and use the Power and Energy
supplied under this Contract without hazard to the System. In the event that the Points of Delivery
set forth in Exhibit A arc not on the City's electric system, the City shall arrange for transmission of
Power and Energy sold under this Contract to its system, including the installation and maintenance of
any facilities required for it to receive such Power and Energy into its system.
(d) Except as otherwise agreed, metering equipment shall be furnished, installed and maintained
by the Agcocy at each Point of Delivery to the City at the low voltage side of the transforming cqulpment
located there. Loss adjustments for lo.v voltage side or remote metering shall be as specified in said
Exhibit A or as otherwise agreed by the parties.
Section 6: Annual System Budget
(a) The Agency shall prepare or cause to be prepared an Annual System Budget at feast ninety
(90) days prior to the beginning of each Contract Year which shall itemize estimates of Anuual
System Costs and all revenues, income or other funds to be applied to such Annual System Costs for
and applicable to such Contract Year, Stich Annual System Budget shall also utilize and take into
account forecasts, which shall be furnished by each City to the Agency at least one hundred
twenty (120) days prior to the beginning of such Contract Year, of the monthly peak Power and Energy
requirements estimated to be obtained from the Agency during such Contract year.
(b) After consideration of any comments of the Cities, the Agency, not less than thirty (30) days
prior to the beginning of such Contract Year, shall adopt an Annual System Budget for such Contract
Year and the rates and charges for Power and Energv to be furnished and the services to be performed
during such Contract Year and shall cause copies of uch Annual System Budget and rates and charges
to be delivered to the Cities. Provided, however, the Annual System Budget for the first Contract Year
shall be prepared, considered, adopted and delivered in the manner which the Agency deems best.
(c) If, at any time or from time to time after the adoption of the Annual System Budget in
accordance with Subsection (b) of this Section 6, the Agency estimates that the Annual System Costs
or revenues for the Contract Year or any part thereof for which such Annual System Budget applies
will be greater or less than the Annual System Costs or revenues set forth In the Annual System
Budget, or that the amount of Power and Energy which the Agency expects to deliver during such
Contract Year or any part thereof is greater or less than the amount of Power and Energy which the
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Agency estimated at the time of adoption of the Annual System Budget would have been delivered
during such Contract Year, then the Agency may prepare an amended Annual System Budget. The
amended Annual System Budget shall be timely adopted by the Agency and transmitted to the Cities.
(d) In the event a budget for the ensuing Cont act Year has not been adopted on or before
the first day of the Contract Year, the total amount t udgeted for the preceding Contract Year shall
be the total amount of the temporary budget for such purposes for the ensuing Contract Ycar. The
temporary budget shall be effective only until such time as a permanent budget has been finally adopted
and approved.
The chief administrative ofliccr of the Agency shall be responsible for the allocation for expenditure
of the total amount of the temporary budget until a permanent budget is adopted and approved.
Section 7: Rates and Charges:
(a) The rates and charges of the Agency to the Cities for Power and Energy and for servic;~s
supplied shall be:
(1) non-discriminatory, and
(2) fair and reasonable, and be based upon the cost of providing the Power and Energy
or providing the service with respect to which the rate or charge is based, and
(3) adequate (after taking into consideration other moneys received or anticipated to
be recel,,d) in each Contract Year to pay or make provision for paying Annual System Costs.
(b) When the Board of Directors proposes to establish a new rate or charge, as determined under
Schedule B, it shall give e:;-.h City written notice that it proposes to establish a new rate or charge for
Power and Energy or for services (setting forth such charge) on a date certain (which shall not be less
than 120 days from the mailing of the notice to each City, all such notices to be mailed simultaneously).
Except as provided in paragraph (c) hereof, no charge or adjustment in any rate or charge made by
the Agency shall be ef.ective if any City, uy resolution or ordinance of its governing b iy, enters
an objection to such adjustment in a rate and charge by causing to be filed with the chief administrative
officer of the Agency a copy of such resolution or ordinance mure than 30 days prior to the suggested
effective date of the proposed new rate or charge. In the event a City enters an objection to the
charge or adjustment in a rate or charge, the effective date of the charge or adjustment shall be
postponed pending the resolution of the dispute in the following manner.
(1) The Cities may jointly select an independent con-;u tant or consultants to prepare
a rato evaluation and schedQe of proposed rates and charges, provided if such joint selection Is
not made within 30 calendar days of the filing of an objection (evidenced by the passage of a
resolution or ordinance) such independent consultant shall be appointed by the Board of Directors
of the Agency;
(2) the report of the independent consultant shall be submitted to the Agency and each
City for consideration; and
(3) If the report of the independent consultant is approved by the governing bodies of the
Agency and the Cities the same shall be effective as of the dale originally suggested by the
Agency in its notice. If the adjustment is not approved or an agreement reached within 15 days
after the receipt of the report of the independent consultant, then the Agency and the Cities
shall each have all of the rights and remedies at law and in equity except that in no event shall any
City be relieved of its obligation to the holders of Bonds under Section 13 or 14 of this Contract.
6
W The Board of Directors of the Agency may change or adjust any rate or chtrge for
Power and Energy or for services s,jpplicd by it to a City, if such Board determines that (i) an
emergency exists and 01) the emergency adjustment meets the criteria established in paragraph (a)
of this Section. The emergency adjustment shall be effective for a period of 180 days (unless the
notice from the Agency specifies a lesser period) and shall be effective 33 days after the mailing of
notice to the Cities (all of which notices shall be mailed simultaneously).
Section S: Meter Readings and Payment of Bills. The Agency shall read meters or cause meters
to be read and bill the City for Power and Energy furnished under this Contract at monthly intervals.
I` It shall also bill each City monthly for services rendered pursuant to Section 4 of this Contract.
Section 9: Meter Testing and Billing Adjustment. The Agency shall test and calibrate meters or
cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve
(12) months, or such other intervals as the partiesotgrce. The Agency shall also make or cause to be
made special meter rests at any time at a City's request. The costs of all tests shall be borne by the
Agency, provided, however, [hat if any special meter test made at a City's request shall disclose that
the meters arc recording accurately, the requesting City shall reimburse the Agency for the cost of such
test. Meters registered not more than 6,2 of I% above or below normal shall be deemed to be accurate.
The readings on any meter which shall have been disclosed by test to be inaccurate shall be cor-
rected from the beginning of the monthly billing period immediately preceding the billing period
during which the tests are made in accordance with the percentage of inaccuracy found by such test,
provided, that no correction shall be made for a longer period unless the Age-ocy and City involved
mutually agree Ihcreio. Should any meter fail to register, the Power and Energy delivered during such
period of failure shall for billing purposes be estimated by the Agency and the City from the best
information available, The Agency shall notify the City or cause the City to be notified in advance of
the time of any meter reading or test so that the City's representative may be present at such meter
reading or test.
Section 10. Payments to Constitute Operating Expenses of City System Each City's obligation to
make the payments under this Contract shall constitute an operating exper s of its electric system
payable solely from the revenues and receipts of such electric system. Each _ity shall be bound and
obligated to make such payments and die obligation to make the payments under Section 14 of this
contract shall be unconditional,
Section lit City Rate Covenant. Each City shall establish, maintain and collet rates and charges
for the electric service of its electric system which shall produce revenues at least sufficient, together
with other revenues available to such electric system and available electric system reserves, to enable it
to pay to the Agency, when due, all amounts payable by such City under this Contract.
Section 121 Covenants of the Agency.
(a) After first satisfying the Power and Energy requirements of the Cities, as such requirements
are established from time to time, and the requirements of other power purchasers, the Agency shall
use its best efforts to market and dispose of any and all surplus Power and Energy available from
the System or which tha Agency is obligated by contract to purchase or otherwise acquire, and
which Is in excess of the requirements of all Cities and other power purchasers, upon the most
economically advantageous terms and conditions obtainable, to the extent that it may legally do so.
(b) The Agency shall use reasonable diligence to provide a constant and uninterrupted supply of
Power and Energy hereunder. If the supply of Power and Energy shall fail, or be interrupted, or become
defective by reason of force majeure as hereinafter provided, the Agency shall not be tiable therefor
or for damages caused thereby,
7
c
,
,
(c) The Agency shall diligently enforce and take all reasonable steps, actions and proceedings
necessary for the enforcement of all terms, covenants and provisions of any power sales contracts.
The Agency shall not amend this Contract without first having secured the prior written consent of all
Cities, but no amendment shall be made in Section 14 or Sectiof, 16 of this Contract.
(d) The Agency covt•n3nts and agrees that it will operate, maintain and manage; its System or
cause the same to be operated, maintained and managed in an effircnt and economical manner, con-
sislent with sotmd utility practice and in accordance with standards normally used by utilities owning
like properties.
(e) The Agency covenants that it will not make a change in any Bond Resolution so as to
create additional Funds (except those now established by Article V of the resolution authorizing 1
the issuance of the Series 1976 Bonds) without the approval of such changes by the governing body
of each City, nor shall any change be made in the amounts required to be paid Into, accumulated
In or maintained in the Bond Fund, Reserve Fund or the Contingency Fund, except as provided in the
resolution authorizing the Series 1976 Bonds, without such approval.
Section 13. Project Approval and Rights of Cities when a Project is not Approved:
(a) Except as to Bryan Lignite Number One (hereby approved as a Project) prior to the
issuance and sale of Bonds to pi nide money for each Project, the Agency shall submit a
written notice to each City as requit !d by the provisions of paragraph (b) of this Section. It a
Project has been approved pursuant to paragraph (c) of this Section, the Agency may thereafter
issue, sell and deliver Bonds in order to fatly provida funds for such Project, including the design,
construction, and the placing of same in commercial operation, or to meet any requirement of law, in-
cluding those of a regulatory agency having jurisdiction, or to pay judgments or casualty losses not
covered by insurance, or to meet a safety or overriding public necessity.
(b) A written notice of the Agency's intention to provide funds (through the issuance of Bonds)
for a Project shall contain a general descript!ot of the Project, the projected source, and uses of
funds for all aspects of the construction and testing of the Project, and a statement to the effect that,
in the opinion of the Agency, the Project is ri :,-Rary for the Agency to meet its commi,ments under
power sales contracts and is economically feasible, together with an explanation of the Agency's
basis for this opinion. Within 60 days after receipt of such notice, each City shall give the Agency
written notice of its approval or disapproval of the Project, If a City fails to give the Agency such
written notice within such 60-day period, then said City shall be deemed to have approved the Project.
(c) if all of the Cities (who have approved all previously Approved Projects) approve a Project
then the Agency may proceed with the issuance, sale and delivery of Bonds to provide such Project. If
one or more (f such Cities should disapprove the Project, then the Agency shall give each such City
written notice which of the Cities approved the Project and which of the Cities disapproved the
Project. Any of the Cities who approved the Project may then give the Agency written notice of its
or their desire that the design and construction of the Project be commenced; and, if the Agency de-
termines that the Project is still feasible, it may proceed with the issuance, sale and delivery of such
Bonds, but the City which failed to approve such Project shall be required (within 60 days of being
notified by the Agency thrt it will proceed with the issuance, sale and delivery of Bonds for such
project) to elect to limit its responsibilities under this Contract under Option One or Option Two
as set forth in paragraph (d) of this Section.
(d) If any City disapproves a Project, then within the time specified In paragraph (c), such
City shall, by a resolution or ordinance adopted by its go-arning body, elect which of the following
options shall govern its future responsibilities under this Contract. If the City disapproving a Project
hereunder fails to timely communicate to the Agency as to the election of an option under the provisions
of this Section, it shall be conclusively presumed that Option Two has been elected,
g ~
(1) Option One: -
(a) Each City shall be entitled to schedule and receive, each month for its own account,
the same proportion of the available Power and Energy from the System as its Net Energy for
Load relates to the total Net Energy for Load of all the Cities for the corresponding month
of the completed Contract Year next precceding the effective date of the option,
(b) As consideration for such Power and Energy, and the right to purchase the
same, each City shall, each month, pay to the Agency its proportionate share of the Annual
System Costa equal to the percentage of it's Net Energy for Load of the Net Energy for
Load of all Cities for the Contract Year next precceding the effective date of the option.
(c) Each City's obligation under Section 14 of this Contract shall be equal to the
percentage as calculated under the prcceeding sentence.
(2) Option Two:
(a) During the balance of the term of this Contract after the effective date of the
option, the amount of Power and Energy required by the City exercising the option to be
purchased under Section 3 of this Contract shall be limited. Such City shall, in each cal-
endar month, take or pay for an amount of Powcr and Energy equal to the amount of
Powcr and Energy pu%hascd by such City from the Agency during the corresponding month
of the 12 consecutive month's period preceding the calendar month of the effective date
of the exercise of the option, it such other amount of Power and Energy as may be from
time to time agreed upon by the City, the A,cncy and the other Citics: and the Agency shall
no longer be required to provide any Powc• and Energy in excess of such amount, and
the City shall be relieved of its obligation to purchase all of its requirements from the
Agency, The Power and Lnergy furnished to such City shall be billed by the Agency
at rates and charges as from time to time adopted pursuant to Section 7 of this Contract.
The calculation of the limiting City's obligation under Section 14 of this Contract shall
assume such City's Net Energy for Load for the purposes of said calculations is equal to
such City's Net Energy for Load in the completed Contract Year next preceding the effective
date of the option.
(e) In the case of each option:
(1) The effective dato of the option shall be the first day of the Contract Year which Is
more than 90 days after the date a City disapproves a Project, as permitted in paragraph (c)
of this Section.
(2) The right to schedule Power and Energy Is subject to outages for maintenance and
operating emergencies.
(3) The amount due from a City (which disapproves a Project) [under paragraph (d)(1) or
paragraph (d)(2)] shall be due and payable irrespective of whether any Power and Energy Is
delivered or made available for delivery to such City. (This also applies to all Cities after the
effective date of the exercise of Option One by any City.)
(4) The City which exercises an option, pursuant to paragraph (d) shall not thereafter
be entitled to approve or disapprove any subsequent Projects.
(S) Amounts due from entities other than the Cities shall be taken into account in cal-
culating the amount due from the Cities.
(0 After a City has disapproved a Project under paragraph (c) of this Section, it may thereafter
revoke such action and approve the Project provided:
(1) the Agency and each of the Cities approve the revocation, and
9
1
(2) in order to pay a pro rata part of expenses incurred (including Debt Service) since the
Project was disapproved, the City agrees to assume or pay such amount as may be determined
by the Agency and the Cities.
Section 14: Debt Service Guarantee; Operating and Maintenance Expenses.
(a) In any instance where the amount of money on deposit in the Bond Fund (created by the Bond
Resolution) is not the full amount then required to be on deposit therein, without giving consideration
to transfers made from other than the Revenue Fund or from Bond proceeds (provided that transfers
may be made from the Reserve Fund to the Bond Fund for not more than two (2) consecutive calendar
months) each City shall be obligated to make a payment the aggregate amount of which shall be the
amounts that are necessary to establish or reestablish the amount then required, under the terms of the
Bond Resolution, to be on deposit in the Bond Fund, the Reserve Fund, t.nd the Contingency Fund.
The percentage share of the payment to be made by each City shall initially be as follows:
City of Bryan, Texas: ......................22.73%
City of Denton, Texas: . ............20.34%
City of C irland, Texas:.. . ..............................47.66%
City of Greenville, Texas: 9.27%
Except as set forth in Section 13(d) such percentage share of :he payment to be made by each
City shall be adjusted at the beginning of each Contract Year. Such adjustment shall be made by
calculating the percentage relationship that each City's Net Energy for Load for the Contract Year
immediately preceding the Contract Year in which the adjustment is being made bears to the total
aggregate Net Energy for Load of all Cities for such Contract Year, and the sum of the adiusted
percentages shall equal 10011c.
The payments requir:d to be made to said Bond Fund, Reserve Fund or Contingency Fund (any
one or all of such Funds) shall be paid by the Cities in the percentage shares determined above and
such payments shall be made direct to the custodian of the respective Funds as established in the Bond
Resolution. Each City unconditionally covenants the payment will be made, if required, in the amount
and in the manner prescri9ed. The provisions of this covenant are for the benefit and protection of the
Agency, the Cities and the owners and holders of Bonds, it being recognized that the holders of such
3onds shall be third-party bcneficiarica of this covenant, and it is understood by the contracting parties
that the purchaser of Bonds has and will agree to the purchase of Bonds conditioned upon this covenant.
(b) In any instance, except that occasioned by the failure of a City or other power purchaser to pay
the amount it is required to pay for the purchase of Power and Energy, in which the funds of the Agency
are Insufficient to pay Operating and Maintenance expenses or other expenses (except those for which
provision is made in paragraph (a) hereof) payments shall be paid to the Agency by the Cities in the
percentage share determined under paragraph (a) of this Section 14.
(c) A new power purchaser (with the approvrl of the Agency and the Cities) may assume
primary liability for the obligation to make payments under this Section with respect to Debts of the
Agency incurred prior to its becoming a power purchaser, but the same shall not discharge the liability
of those who were obligated when such Debts were incurred (who shall remain secondarily liable),
(d) In the event the Agency is held to be in default under th provisions of the Bond Resolution
(by reason of the inadequacy of payments required to be made the Cities under the provisions of
this Contract), the Cities shall cure the default by making paymer in the same proportion es provided
in paragraph (a) of this Section.
(e) In the event a City disapproves a Project under Section 13, or if a City elects to with-
draw from the Agency under Section t6, then each City shall continue to be obligated under para-
graph (a) of this Section with respect to Bonds theretofore issued and Bonds thereafter issued to fully
provide funds for each Project (as contemplated by the second sentence of Section 13(a)) and in
10
addition, if a City elects option One. then all of such Cities shall be obligated under paragraph (a) of
this Section with respect to Bonds the-after issued for Development Projects described in clause (1) of
the definition of that term. If a City elects Option Two, then all of such Cities shall also be obligated
under paragraph (a) of this Section with respect to Bonds thereafter issued for Development Proje;ts
and for System Development and Reliability Expenditures and Bonds issued for Projects thereafter
approved.
For and in consideration of the payments to be made by the Cities under this Contract (including
those under this Section) the Agency agrees to t,se its best efforts to deliver Power and Energy from
Projects, to such Cities, under the terms of .his Contract, and such payments by the Cities shall be in
consideration for the Agency's agreement to deliver such Power and Energy; but the failure of the
Agency to comply with such agreement shall net tclieve any City of its obligations under paragraph (a)
or (d) of this section, which obligations shall b-- unconditional and absolute.
(f) In the event the Agencv 1. recreated urder Section 16 so the new entity assumes primary
liability for a pro-rata share of the Debts of the Agency then outstanding [as distinguished from the
creation of a new system (not financed under ffe Bond Resolution) with respect to projects thereafter
approved] then the new entity shall thereafter to included in the c.lculation of the percentage share of
the payment to be made under paragraph (a) of this Section, fcr the purpose of determining such
primary liability; but in no event shall the Cities of Brya i, Demon, Greenville and Garland be relieved
of the obligation each has assumed (by the execution hereof) to collectively pay the entire amount
(based upon the percentage of Nct Energy for Load) required to be paid under paragraph (a) of
this Section with respect to all Bonds theretofore or thereafter issued without regard to such new entity.
Section 15. Remedies In Event of Default.
(a) (1) If any City fails or defaults in meeting the terms, conditions and covenants of this contract
[other than a default in payment for which provision is made in subsection (b) of this Section] and
such default continues for a period of 15 days, the Agency shall give notice (in the manner con-
templated by Section 31 of this Contract) to the Cities. The defaulting City shall from the dale of the
mailing of such notice, have a period of 30 days to cure the default.
(2) If any City fails to make any payment (hereinafter called a default in payment) to the Afency
that is required to be made under the provisions of this Contract, and such default in payment con-
tinues for a period of fifteen (15) days, the Agency shall give notice (in the manner contemplated
by Section 31 of this Contract) to Cities. The defaulting City wall, from the date of the maili.1g of
such notice, have a period of thirty (30) days to pay the full amount then due to the Agency, together
with interest thereon, as hereinafter provided.
(3) if the City does not cure its default within such period of thirty (30) days, then, so long as
such City remains in default, and in addition to any other rights which the Agency h+ts under this Contract
and at law and In equity, the Agency may terminate all service to such City. Additionally, in the
event of default in payment, the Agency may charge to and collect from such City each calendar month
the amount which the Agency determines to be the difference between what the Agency would have
received from such City under this Contract, for Power and Energy and services furnished and delivered
to such City, had such City not been in default, and the amount, if any, which the Agency receives
from sales of such Power and Energy and services to the other Cities, or others, either or both.
Termination of service hereunder shall not reduce or change the obligation of the defaulting City under
the other provisions of this Contract,
(b) If the Agcncy falls or defaults in meeting the terms, conditions and covenants of this
Contract, except its coven,?nt to use reasonable diligence to provide a constant and uninterrupted
supply of Power and Energy contained in Section 12(b), and such default continues for a period
of 15 days after a City has given the Agency notice of such default In the manner contemplated
lit Section 31 of Oils Contract, then such City shall have all of the rights and remedies provided at
law and in equity, except that in no event shall any of the Cities be relieved of its obligation specified in
Section 14. The delivery of available Power and Energy as provided in this Contract shall be a
ministerial duty of the Agency.
11
Section 16: Re-creation of Agency. Each City and the Agency recognize that pursuant to the Act the
concurrent ordinances by which the Cities created the Agency reserved the right to the governing body
of each of the Cities to join with the other Cities to provide for the re-creation of the Agency by the
addition and deletion, either or both, of a public entity, as defined in said Act, so long as there is no
impairment of obligation of any existing obligations of the Agency.
Each City covenants and agrees that it will not join with tiny of the other entities to recreate the
Agency so as to delete one or more entities unless (I) the then outstanding Debts of the Agency
have been paid or provision made for their payment under Article XI of the Bond Resolution
or (2) the Holders of at least 60% of the principal amount of the Bonds then outstanding
approve the concurrent ordinance proposed for adoption by the Cities, or (3) the withdrawing
el lily contracts and agrees to continue to pay a fixed percentage (as determined by tite Board)
of the Annual System Costs (including the Debt Service Requirements on the then outstanding
Debts of the Agency) during the time such Debts remain outstanding. Such percen;:,ke shall be fixed
by calculating the percentage relationship of the withdrawing entity's Net Energy for Load (during
the Contract Year in which such percentage was the highest) bears to the total aggregate Net Energy
for Load of all Cities (during such Contract Year). The obligation contained in Section 14, as to
the entity seeking to withdraw, shall remain unaffected until the Bonds permitted to be issued by
Section 14(e) have been paid and retired. No withdrawal shall be effective until such indebtedness has
been paid; and at such time this Contract, as to such withdrawing entity, shall terminate.
From and after notice is given to the Agency of the intent of an entity to withdraw from the
Agency, no additional Bonds of the Agency shall be issued for a new Project which involves any
additional payments by or guarantee of the Debt Service Requirements by such withdrawing entity.
Each City covenants and agrees that it will not join with any of the other entities to recreate the
Agency so as to add one or more entities unless (1) the then outstanding Debts of the Agency have
been paid or provision made for their payment under Article XI of the Bond Resolution or (2) the
Holders of at least 60%of the principal amount of the Debts of the Agency then outstanding approve
the concurrent ordinance proposed for adoption by the Cities, or (3) entity being added expressly
either (as approved by the Agency and set forth in the concurrent ordinances) (i) assumes
the primary liability for the payment of for a pro-rata share of the Debts of the Agency (which shall
not discharge the liability of those obligated when such Debts were or are incurred, who remain
secondiarily liable) as well as the obligation provided in Section 14(c) and assume thereafter to pay
its share of the remainder of the Annual System Costs, or (ii) agrees it will be obligated only with
respect to the payment of annual system costs for projects which are approved after the re-creation of
the Agency.
Section 17: Payment Due Dates and Delinquency.
(a) In the event that a City fails to make any payment at the time herein specified, interest on
such delinquent amount shall accrue at the rate of ten percent (10%) per annum from the date such
payment becomes due until paid in full, and the Agency may institute a proceeding for a mandatory
injunction requiring the payment of the amount due and Interest thereon, such action to be instituted In
a court of competent jurisdiction.
(b) All payments required to be made by the Cities under the terms of this Contract shall be
due and payable within thirty (30) days following the date the Agency renders the bill, and the Cities
shall have no right of setoff, recoupment or counterclaim against any payment under Section 14(a) or
that. part of the Annual System Costs which are attributable to payments to be made into the Bond
Fund, the Reserve Fund or the Contingency Fund by any Bond Resolution or similar Funds established
for the payment and security of Subordinated Indebtedness (as defined in the Bond Resolution), which
are unconditional.
(c) Should a dispute as between any City and the Agency arise as to 1-Nether the Agency
is in compliance with its covenants as contained herein, each City shall nevertheless be obligated
12
(1) to make tht payments provided by paragraph (a) of Section 14 l.ereof and (2) to pay such
amount of the Annual System Costs as may not be in dispute pending the resolution of such
dispute, provided a City may elect to pay all such Annual System Costs, including any disputed amount.
In the event a disputed amount of Annual System Costs is paid by a City the same shall be placed in
escrow in an interest bearing account by the Agency pending resolution of the dispute, but only the
prin:ipal amount thereof shall be returned to the City, If the City elects not to pay the amount in dispute
and the dispute is resolved against such City, the amount ultimately found to be due plus interest at
10% per annum (calculated from the date the same was originally due) shall be paid by the City with!,
15 days of the resolution of the controversy. Attorneys' fees shall be assessed as court costs.
Section 18. Power Sales Contracts. The Agency may provide Power and Energy and services
pursuant to a power sales contract, upon such terms as may be approved by the governing body of
the Agency and, except as provided by Section 12(a), the Cities.
Section 19: Continuation of Services. A City, unless it elects an option under Section 13 or
withdraws under Section 16, shall have the right to the continued performance of services pro-
vided under the provisions of this Contract for the useful life of the System by giving written
notice to the Agency at .rst 5 years prior to the scheduled termination of this Contract (as speci-
fied in Section 1) provided that if such termination is occasioned by making provision for the
payment of the Debts of the Agency, the notice may be given within 90 days of such provision being
made. Such City shall be obligated to continue paying its proportionate share of the Annual System Costs.
Section 20: Cily Not to Sell Its Electric System. Each City covenants that during the tarn: of this
Contract (or the extensions thereof) it will not sell or otherwise dispose of its electric utility distribution
system in whole or substantially as a whole to any entity or:ier than an assignee under Faction 21 of this
Contract and, in the case of such an assignee, only with the written consent of the Agency and all Cities.
Section 21: Assignment of Rights of a City. A City may assign any of it-, rights under this
Contract to another entity, if permitted by applicable law, but no sale or other disposition shall relieve
such City of its obligations under this Contract (including the obligations under Sections 10, 11 and 14)
so long as any Bonds are outstanding.
Section 223 Dissolution of the Agency. At such time as the Debts of the Agency have been paid
or provisions made therefor pursuant to Article XI of the Bond Resolution, and the Agency is dissolved,
each City who has not madt an election under Section 13 or withdrawn under Section 16 shall be
entitled to an undivided interest in the properties of the Agency in proportion to the amount paid to the
Agency under this Contract.
Section 23: Force flfajeure.
(a) If for any reason of "force majcure" any of the parti.:s hereto shall be rendered unable,
wholly or in part, to carrry out its obligations under this Contract, other than the obligation of the Cities
to make the payments required under the terms of this Contra:t, then if such party shall give notice
and the full particulars of such reasons in writing to the other party within a reasonable time after
the occurrence of the event or cause relied on; the obligation of the party giving such notice, so far
as it is affected by such "force majeure," shall be suspended during the continuance of the inability
then claimed, but for no longer period, and such party shall endeavor to remove or overcome such
inability with dll reasonable dispatch. The term "force majcure" as employed herein shall mean acts of
God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders or actions of
any kind of the Government of the United States or of the State of texas or any civil or military
authority, insurrections, riots, epidemics, inn islides, lightning, earthquakes, fires, hurricanes, storms,
floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions,
breakage or accident to dams, machinery, pipelines, or canals or other structures or machinery, on
account of any other cause not reasonably within the control of the part) claiming such inability. It is
ui.derstood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion
of the party having the difficulty, and that the above requirement that any "force majeure" shall be
13
remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demand of the opposing parties when such settlement is unfavorable to it in the
judgment of the party having the difficulty,
(b) No damage shall be recoverable from the Agency or the Cities by reason of the causes above
mentioned.
Section 24: Insurance.
(a) The Agency shall maintain, nr cause to be maintained in force for the benefit of the Agency,
such insurance with respect to the System as shall be reasonably available and as is usually carried by
municipal electric utilities constructing and operating generating and transmission facilities but, in
the case of nuclear generating facilities, not less than will satisfy the requirements of federal and
state law and the Nuclear Regulatory Commission regulations and such other insurance as is usually
carried by municipal electric utilities owning like properties. Provided, however, in any event, the
Agency shall maintain, or cause to be maintained, in force, insurance in such amounts and against such
risks as required by the Bond Resolution.
(b) The Agency will secure and maintain adequate fidelity insurance or bonds on all officers and
employee; handling or responsible for funds of the Agency.
(c) The obligation hereunder to procure and maintain insurance with respect to a Joint Project,
as defineJ in the Bond Resolution, shall be met if the entity acting as the manager of the Joint Project
obtains and maiutrins the insurance required for the benefit of all owners of the Joint Project, as
their interest may appear.
(d) The Agency may establish and create a special fund for the purpose of providing a self
insurance f tnd. Amounts to be deposited in or credit;d to such fund in any Contract Year shall
be accounted for as Operating Maintenance Expenses. To the exl,nt that monies are deposited in such
fund, if created, such monies may be invested in Investment Securities, as defined in the Bond Resolu-
tion, To the extent of the amounts held in such fund, the face amount of appropriate insurance policies
may be reduced.
Section 25: Reports. The Agency will prepare and issue to each City tae following reports for
each fiscal year: (i) finane'A and operating statement relating to the System; (ii) status of construction
for each facility constituting the System during construction; and (iii) analysis of operations relating
to the System.
Section 26: Records and Accounts. The Agency will keep accurate records and accounts of
the System and of the transactions relating to each facility constituting the System as well as of the
operct'ans of the Agency In accordance. with the Uniform System of Accounts, which shall include
depreciation. Within one hundred twenty (120) days after close of each Contract Year, the Agency
shall cause such records and accounts and all transactions of the Agency relating to the System with
respect to such Contract Year to be subject to an annual audit by an independent certified public
accountant. A copy of each such annual audit shall be sent by the Agency to each City.
Section 271 Access. Each City shall at all times have reasonable access to ei-amine any and
all books and records of the Agency and to examine any facility of the System. The Agency and each
City will give the other the right to enter the premises of the other at all reasonable times for the
purpose of repairing or removing facilities, reading meters and performing work incidental to delivery
and receipt of Power and Energy furnished hereunder.
Section 28: Governmental Rates, Regulations and Laws. The Contract shall be subject to all
valid rules, regulations and laws applicable thereto, as promulgated by the United States of America,
the State of Texas, or any other governmental body or agency having lawful jurisdiction or any
authorized representative or agency of any of them.
14
Section 19: Easements: Each City agrees that the Agency or its agent shall (when permitted by
existing easement) have full access to such easements or over any easements, right-of-way or property
held by such City if, and to the extent, required by the Agency for any and all purposes required for
the System or any Project thereof.
Section 30: Cancellation of Prior Contract. In connection with the issuance of $10,625,000
TEXAS MUNICIPAL POWER AGENCY REVENUE LONDS, SERIES 1975, the Cities and the Agency have
heretofore entered into a contract which is incorporated in an instrument entitled, "Contract for Develop-
ment of Fuel Resources, Planning Electric Generation Facilities and Performing Certain Duties," which
contract was dated September 15, 1975; that such contract provided certain payments would be made
by each City to the Agency for the payment of debt service on the aforesaid Series 1975 bonds and
maintenance and operating expenses of the Agency. The parties agree that upon the effective date of
his Contract and the cancellation of said bonds, the prior contract shall be cancelled in its entirety
and no payments shall continue to be made thereunder for any purpose and this Contract shall
supersede such prior contract in every respect.
Section 31: Notices. Any notice, request, demand, statement or bill provided for in this Con-
tract shall be in writing and shall be considered to have been duly delivered when sent by registered or
certified mail, addressed as follows, unless another address has been designated, in writing, by the
party entitled to receive same:
Agency: Texas Municipal Power Agency city or Bryan
7111 Bosque Boulevard P. O. Box 1000
Waco, Texas 76710 Bryan, Texas 77801
Attention: Executive Director Attention: City Manager
City of Greenville
P. O. Box 1049
Greenville, Texas
Attention: City Manager
City of Denton
Civic Building
Denton, Texas 76201
Attention: City Manager
City of Garland
P. O. Box 401869
Garland, Texas 75040
• Attention: City Manager
Section 31: Severability. The parties hereto agree that if any of the provisions of this Contract
should contravene or be held invalid under the laws of the Slate of Texas, such contravention or
invalidity shall not invalidate the whole Contract but it shall be construed as though not containing
that particular provision, and the rights and obligations of the parties shall be construed and in force
accordingly.
Section 33: Contracts to be Separate. This instrument embodies four separate contracts between
the Agency and each City. Termination of one Contract shall not affect the others.
•
IS
r
, r
,
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in their cor.
porate names and their corporate seals affixed, all by the proper officer duly authorized thereunto,
as of the day and year first hereinabove written.
TEXAS MUNICIPAL POWER AGENCY
(SEAL)
ATTEST:
By:.
Secretary
City of Bryan, Texas
(SEAL) By:
----y
ATTEST: bla 'o
By:..........
, ~
Cit~ttary
City I Denton, Texas ' e
(SEAL) By:----.Cwo.Y
4 aoBy' -
ATTEAwi;;ed
City of Garland, Texas (SEAL) By:-
ATTEST: Mayor
City Secretary
City of Greenville
(SEAL) By:...
ATTEST: ~L 1 Mayor
By : /1 1r/l~!~..~11.~J.........
City Clerk
16
EXHIBIT A
POINTS OF DF...fVERY
Bryan:
1. Bryan Plant:
Facilities included are as follows:
(a) 138 KV lines
(b) 200 VIVA, 138/69 KV autotransformer
(c) associated breakers, bus work, switches, etc.
2. Nall Substation:
Facilities included are:
(a) 138 KV lines
(b) 200 VIVA 138/69 autotransformer
(c) 450 MVA, 345/138 KV autotransformer
(d) 345 KV lines
(e) associated breakers, bus work, switches, etc.
3. Snot h East Bryan Substation:
Facilities included are as follows:
(a) 138 KV lines
(b) 200 MVA, 138/69 KV autotransformer
(c) associated breakers, bus work, switches, etc.
Denton:
1, Denton Plant:
Facilities Included are as follows:
(a) 138 KV lines
(b) associated breakers, bus work, switches, etc.
•
2. North Denton Substation:
Facilities Included are as follows:
(a) 138 KV lines 0
(b) 450 MVA, 345/138 KV autotransformer
(c) associated breakers, bus work, switches, etc.
Garland:
1, Apollo Substation:
Facilities included are as follows:
(a) 138 KV interconnection with TP&L
(b) associated breakers, bus work, switches, etc.
2, Oates Substation:
Facilities Included are as follows:
(a) 138 KV Interconnections with TP&L
(b) 450 MVA 345/138 KV autotransformer
(c) 345 KV lines
(d) associated breakers, bus works, switches, etc,
17
3. Ben Davis Substation
Facilities included are as follows:
(a) 450 A1VA, 345/08 KV autotransformer
(b) 345 KV lines
(c) associated breakers, bus work, switches, etc.
4. NIX= Substation
Facilities included are as follows:
(a) 450 hiVA, 345/138 KV autotransformer
(b) 345 KV lines
(c) associated breakers, bus work, switches, etc.
Greenville:
1. Steam Plant
Facilities included are as follows:
(a) 138 KV line
(b) 75 MVA, 138/69 KV autotransformer
(c) associated breakers, bus work, switches, etc.
2. Diesel Plant
Facilities included are as follows:
(a) 138 KV line
(b) 75 MVA, 138/69 KV autotransformer
(c) associated breakers, bus work, switches, etc.
I
l
18
SCHEDULE B
RATES AND CHARGES
(1) RATES FOR POWER AND ENERGY
The rates to be charged by the Agency for Power and Energy furnished to the Cities shall
consist of a demand charge and energy charge. These charges shall be based on cost of service to the
degree that is practical. The costs used in developing cost of service rates shall be based on accounting
entries as outlined in the Federal Power Commission's Uniform System of Accounts.
The rates for demand charges shall be established to recover costs that are related to Debt
Service, (including coverage ratios), other *rdinarily predictable stable Operating and Maintenance
Expenses and such other reasonable fixed costs as these costs relate to plant and transmission capacities
utilized. The demand charges shall be based on the above listed costs in proportion to total KW
that the Agency has available. Proper consideration shall be given in the demand charges for such
factors or coincident peak demands, diversity factors, load factors, etc, of the Cities.
Energy charges shall be based on fuel costs, operating personnel costs, variable Operating
and Maintenance Expenses, postage stamp type transmission losses, station service energy, and other
such reasonable variable costs as these costs relate to energy provided to Cities. r
The rate making methods used to develop these demand and energy charges shall be consistent
with standard utility wholesale rate making procedures. These methods shall be applied as appropriate
to the System.
It is recognized that these rates shall be developed in a reasonably equivalent manner as similar
wholesale power suppliers, State Utility Commission guidelines, and FPC rate regulations as applied to
like power systems.
(2) RATES FOR SERVICES PROVIDED TO ALL CITIES
Various services shall be provided to all Cities as directed by the Board of Directors and will be
paid for by the Cities at a rate per kilowatt-hour which shall be established from time to time by the
Board of Directors. Each City's share of such charges shall be that portion of the total represented
by the ratio of his share of the net energy for load to the total net energy for load of all of the Cities.
Billings will be made in advance on estimates of loads and paid evenly throughout the year,
(3) RATES FOR SPECIAL SERVICES PROVIDED TO A SPECIFIC CITY
Special services may be provided to a member from time to time at the r -quest of a City.
ReirnlArsemem for these services will 6e made at cost by the City receiving the services.
19
A RESOLUTION by the Board of Directors of the Texas Municipal Power Agency, relating to
the authorization and issuance of "TEXAS MUNICIPAL POWER AGENCY REVENUE BONDS,
SERIES 1976," for the purpose of providing fm,ds with which to discharge certain costs and
expenses of the Agency in connection with the acquisition or construction of certain electric
facilities; to provide engineering, planning and financing expecses; for the purpose of paying
off, discharging, cancelling, refunding and in lieu of "TEXAS MUNICIPAL PowER AGENCY
REVENUE BONDS, SERIES 1975," presently outstanding; and for the purpose of setting aside
certain amounts for payments into the Bond Fund and the Reserve Fund herein rcabluhed;
providing the terms and conditions and specifications for such Bonds and other obligations;
pledging certain revenues of the Agency in payment of such obligations and Interest thereon;
and providing recitals and covenants incident and relevant thereto.
WHEREAS, the Texas Municipal Power Agency has heretofore been created as a municipal
corporation, a political subdivision of the State and a body politic and corporate, pursuant to the
provisions of Chapter 166, Acts of the 63-d Legislature, Regular Session, 1973, as amended by
Chapter 143, Acts of the 64th Legislature, RelvIar Session, 1975, (codified as Article 1435a, Revised
Civil Statutes of Texas, 1925, P.:, amended); and
WHEREAS, it has been determined that the Agency should proceed with the authorization and
issuance and delivery of revenue bonds in order that appropriate planning, engineering and other services
may be provided and certain facilities and properties may be acquired or constructed by the Agency,
and this Board has determined that the Agency Is fully empowered to issue its revenue bonds for the
purposes and under the provisions, conditions and In the manner hereinafter set forth; therefore,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TEXAS MUNICIPAL POWER
AGENCY:
08743-0-Texas Municipal-Proof of P,-234"teck-Warlick--Phone (214) 631-3130
ARTICLE 1
Definition of Tenn.
SECTION 1.01: Definitions. Unless the context shall indicate a contrary meaning or intent, the
terms below defined, for all purposes of any Bond Resolution or any resolution amendatory or supple-
mental thereto, shall be construed, are used and are intended to have meanings as follows:
"Act" - Chapter 166, Acts of the 63rd Legislature, Regular Session, 1973, as amended by
Chapter 143, Acts of the 64th Legislature, Regular Session, 1975, and all laws amendatory thereof
or supplemental thereto.
"Additional Bonds" - Bonds authorized to be issued under the provisions of Section 7.01 hereof.
"Agency" - the Texas Municipal Power Agency, a municipal corporation, a political subdivision
of the State of Texas and a body politic and corporate, duly organized and existing under the Act.
"Annual Budget" - the Annual Budget, as amended or supplemented, adopted or in effect for
a particular Fiscal Year as provided in Section 6.18.
"Authorized omcer" - the President, Vice President or Secretary of the Board or the Executive
Director of the Agency and any other person authorized by resolution of the Board to perform the
act or sigrt the document in question.
"Average Annual Debt Service"-the annual arithmetic average (Fiscal Year basis) of the
principal of and interest on all Outstanding Bonds becoming due from the date of calculation to the
earlier of the date of maturity of such Bonds or to the date such Bonds are required to be called for
redemption.
"Board" - the Board of Directors of the Agency.
"Bond Fund"-the Fund by that name established in Section 5.02.
"Bond Resolution"-the resolution authorizing the issuance of the "Texas Municipal Power
Agency Revenue Bonds, Series 1976;" and any resolution subsequently adopted by t116 Agency
which authorizes the Issuance of Bonds, including refunding Bonds, on a parity with the said Series
1976 Bonds.
"Bonds"-Series 1976 Bonds, Additional Bonds and any refunding Bonds delivered pursuant to p
the provisions of Section 7.03 hereof.
"City or Cities" - individually or collectively the Cities of Bryan, Denton, Garland and Greenville,
Texas.
"Collateral Securities"-(1) Investment Securities and, (ii) obligations issued or guaranteed
by any state of the United States or District of Columbia, or any political subdivision of any such
state or District, provided such obligations are rated for investment purposes at not less than A
(or its equivalent) by a recognized rating service such as Moody's Investors Service, Inc. or Standard do
Posies Corporation; and repurchase agreements with solvent banking or other financial institutions with
respect to any of the obligations or securities referred to herein.
"Construction Fund" - the Fund by that name established In Section 5.07.
"Contingency Fund"-the Fund by that name established by Section 5.02.
"Contingency Fund Requitement"-as of any date of calculation, the sum of $2,000,000
or such greater amount as may be determined by the Agency and the Cities.
2
:08743-0--Texas Municipal-Proof of 8.23.74- Steck-Warlick-Phone (214) 631.3130
• "Cost of Acquisition and Construction" - the Agency's costs and expenses attributable to the
planning, designing, acquiring, construction, reconstruction, installing and financing of facilities, placing
the same in operation, decommissioning and disposal of any generating facilities of the System if financed
by the issuance of Bonds, and obtaining all governmental approvals, certificates, permits and licenses
with respect thereto, and shall include reimbursement to the Agency for any of the above items there-
tofore paid by or on behalf of the Agency.
"Coupon Bonds"- Bonds not In fully revstered form.
"Coupons" - those issued under the Bond Resolution and evidencing interest o.; the applicable
Coupon Bond.
"Date of Commercial Operation"-the date of completion or acquisition of a Project which has
been certified by the Engineer to be ready for commercial operation.
"Debt Service"-shall mean, with respect to any period, the aggregate amounts required to
be paid during said period on Outstanding Bonds, less those amounts or. deposit for the payment thereof,
as the same shall become due.
"Depository" - any bank or trust company selected by the Agency as a depository of moneys and
securities beld under the provisions of the Bond Resolution.
"Engineer"-at any time the engineer or engineering firm appointed pursuant to Section 6.17.
"Financial Newspaper" - a financial journal or newspaper selected by the Board which is of
general circulation in New York, New York (which is published at least five days in each week),
and a journal or newspaper selected by the Board which is published in the State of Texas.
"Fiscal Year" -the 12 month period ending September 30 of each calendar year, or such other
12 consecutive month period as may be established as a Fiscal Year by the Board, provided the
Fiscal Year may not be changed more than once in any three year period.
"Fuel Reserve Account" - the Account by that name established as a part of the Revenue
Fund by Section 5.02.
"Generally Accepted Accounting Principles" and all other accounting methods and terminology
contained or referred to in any Bond Resolution - accounting principles, methods and terminology
followed and construed, as nearly as practicable, in conformity with the Uniform System of Accounts
for Class A and Class B Public Utilities and Licensees and accounting rules and regulations thereunder
potscr'bed by the Federal Power Commission for privately owned power companies which are subject
to its jurisdiction and engaged in business comparable to the business of the Agency, as amended
from time to time, or such other system as may be required by any regulatory agency.
"Gross Revenues"-the entire income and revenue of the Agency derived from the operation
of the System or ownership of properties constituting the System, The term does not include payments
received by the Agency (1) from a City upon its withdrawal from the Agency, or (ii) as proceeds of
insurance (except business interruption insurance) or eminent domain, or (Iii) as proceeds from
Bonds or Subordinated indebtedness, or (lv) except as provided in Section 7.05, from amounts received
from leases, installment sale payments, or other agreements entered into by the Agency in connection
with the Issuance by the Agency of Special Contract Obligations, or (iv) investment income of the
Construction Fund.
"}colder" or "Bondholder'- when used in cot.junction with a Coupon means the person in
possession and the apparent owner, and when u,,ed in conjunction with a Bond means the person
in whose name such Bond is registered on the registry books of the Registrar pertaining to such
Bond, or the person in possession and the apparent owner of a Bond which Is not registered; when
not used in conjunction with a Coupon or Bond such term inciuoes the apparent owner of a Coupon,
or a Coupon Bond or the registered owner of a registered Bond,
3
48743.0--Texas Municipal-Proof of 8.23.76- Steck•Warlick--Phone (214) 631.3130
"Investment Securities"-any of the fotowing securities, if and to the extent that the same are
at the time legal for investment of Agency funds:
(1) Direct obligations of the United States of America; obligations which In the opinion
of the Attorney General of the United States are general obligations of the United States and
backed by its full faith and credit; obligations guaranteed by the United States of America; and
(ii) Evidences of indebtedness of the Federal Land Banks, Federal Intermediate Credit
Banks, Banks for Cooperatives, Federal Home Loan Banks, Federal National Mortgage Associ-
ation, Federal Financing Bank Participation Certificates in the Feieral Assets Financing Trust,
New Housing Authority Bond and Project Notes fully subscribed by contracts with the United
States of America, or any other Agency or Instrumentality of United States of Amtrica;
bonds secured by the general credit of the State of Texas; and certificates of deposit of any bank
or trust company which are fully secured (to the extent not Insured by the Federal Deposit Insurance
Corporation) by obligations in which the Agency may invest under the provisions of this
definition.
"Joint Project" -a project undertaken by the Agency in cooperation with any other entity (as ~
such term is defined by the Act) where the Agency and such entity each have an undivided ownership
interest therein.
"Net Revenues" - for any period, the Gross Revenues during such period less the Operating and
Maintenance Expenses during such period.
"Operating and Maintenance Expo -all expenses incurred in the operation and mainte-
nance of the System and the Agency wh,,,: are properly accounted for such purpose, under Generally
Accepted Accounting Principles. Such term does not include depreciation o: obsolescence charges or
reserves therefor, interest charges and charges for the payment of principal, or amortization, of bond or
other indebtedness of the Agency.
"Outstanding"- as of the date of calculation, all Bonds theretofore executed, issued and delivered
by the Agency except -
(i) Bonds theretofore cancelled by a Paying Agent or surrendered to the Paying Agent
for cancellation;
(b) Bonds in lieu of, or In substitution for, which other Bonds shall have been executed,
Issued and delivered by the Agency pursuant to the terms of Section 3.05 or Section 7.03;
(e) Bonds for the payment or redemption of which moneys, equal to the principal amount
or Redemption Price thereof, as the case may be, with interest to the date of maturity or redemption
date, shall be held under the Bond Resolution and set aside for such payment or redemption
(whether at or prior to the maturity or redemption date), provided that if such Bonds are to be
redeemed, notice of such redemption shall have been given as in Article IV provided; and
(d) Bonds deemed to have been paid as provided In subsection (b) of Section 11.01.
"Paying Agent"-any bank or trust cor:pany and its successor designated as a Paying Agent for
the Bonds of any Series.
"Power Sales Contract"-those certain contracts by and between the Agency and the Cities of
Bryan, Denton, Garland and Greenville, which contracts are dated the Ist day of September, 1976,
and any amendments or supplements thereto.
"Project"--one or more of the following: (i) any power generating facility (or interest therein)
to be constructed or acquired by the Agency as well as fuel therefor and any transmission facility
required to connect or interconnect such generating facility with a City or others, or (ii) any addition
or Improvement to a power generating facility which is then owned, in whole or In part, by the
Agency, or (ill) any contract right to purchase or receive a power supply or transmission capacity
4
08743-0-Texaa Municipal-Proof of 8-234"teck-Warlick-Phone (214) 631-3130
(a) by the making of a prepayment of capital costs which are associated with the supply or capacity
so purchased, or (b) by the execution of a take or pay contract having a duration of more than 10 years,
including any renewals thereof or (c) by the execution of a contract to purchase power or energy
(either or both) on an all requirements basis. The term does not include any facilities financed with
the proceeds of Special Contract Obligations, as permitted under and defined in Suction 7.05.
"Redemption Price" - with respect to any Bond, the principal amount thereof, plus the applicable
premium, if any, payable upon redemption thereof pursuant to such Bond or any Bond Resolution.
"Registrar" -the Registrar of a particular Series Bonds named in the Bond Resolution authorizing
such Series in conformity with Chapter 431, Acts of the 64th Legislature, Regular Session, 1975,
cs amended.
"Reserve Fund"-the Fund by that name established in Section 5.02.
"Revenue Fund" - the Fund by that name established in Section 5.02•
"Series" - all of the R-mcls designated as being of the same Series, and any obligations delivered in
lieu thereof or In substitutior thereof under Section 3.05.
"Series 1976 Bonds" - the Texas Municipal Power Agency Revenue Bonds, Series 1976 delivered
pursuant to the provisions of Article If hereof.
"Subordinated Indebtedness" - any evidence of debt referred to In, and vomplying with the
provisions of, Section 7.04.
"System" - the Agency's interest in all properties (owned or operated by or on behalf of the
Agency) which are financed, in whole or in part, through the issuance of obligations by the Agency
for Approved Projects and Development Projects, prior to rte time one of the Cities disapproves a
Project under the provisions of Section 13 of the Power Sale; Contract and elects Option One under
paragraph (d) of said Section 13. The term also includes any contract for providing services or power
and energy, either or both. The Initial System is hereby designated as System A. The term does not
Include the Agency's Interest in any facility financed with the proceeds of (1) Special Contract Obllga-
dons Issued by the Agency as permitted under and defined in the Bond Resolution or (it) bonds Issued
to finance any Project which is not approved by all of the Cities if a City or Cities which disapprove a
Project elect Option One under Sa•don 13 of the Power Sales Contract.
"Written Certificate of the Agency," "Written Request of the Agency" and "Written Statement
of the Agency" - an instrument in writing signed on behalf of the Agency by an Authorized Officer.
SECTION 1.02: Construction of Terms. Except where the context otherwise requires, words
importing the singular number shall include the plural number and vice versa, and words importing
persons shall include firms, associations, trusts, corporations or governments or agencies or political
subdivisions thereof.
SECTION 1.03: Resolution to Constitute a Contract, Bonds on a Parity. In consideration of the
acceptance of the Bonds, the issuance of which Is authorized hereunder, by those who shall hold the
same from time to time, each Bond Resolution shall be deemed to be and shall constitute a contract
between the Agency and the. Holders, and the pledge made In each Bond Resolution by the Agency
and the covenants ahd agreements set forth therein to be performed by the Agency shall be for the
equal and proportionate benefit, security and protection of all Holders, without preference, priority
or distinction as to security or otherwise of any of the Bonds or Coupons authorized thereunder over
any of the others by reason of time of issuance, sale or delivery,
S
08743.0--Texts Muiddpal-Proof of 8-23.76- Steck•Warlick-Phone (214) 631.3130
ARTICLE II
Provisions Relating to the Series 1976 Bonds
SECTION 2.01: Limitation of Provisions of this Article. The provisions of this article relate only to
the Series 1976 Bonds.
SECTION 2.02: Purpose for Which S.-4es 1976 Bondr are Authorized; Their Date. In orrlet to
borrow the sum of Fifty Million Dollars ($50,1ri+0,000) for the purpose of providing funds with which
to discharge certain costs and expenses of the Agency in connection with the acquisition cc construction
of certain electric facilities to provide engineering, planning and financing expenses, for the purpose of
paying off, discharging, cancelling, refunding and in lieu of the outstanding "Texas Municipal Power
Agency Revenue Bonds, Serits 1975," and for the purpose of setting aside certain amounts for payment
into the Bond Fund and the Peserve Fund, the Board has determined there shall be Issued and those
is hereby ordered to be issued a Series of Coupon Bonds In the total principal amount of Fifty Million
Dollars ($50,000,000) to be designated "Texas Municipal Power Agency Revenue Bonds, Series 1976."
The Bonds shall be dated September 1, 1976.
SECTION 2.03: Denomination, Maturity and Redemption of Series 1976 Bonds. The Series 1976
Bonds shall each be in denomination of Five Thousand Dollars ($5,000) and be numbered consecutively
from 1 upward (numbered from 1 through 10,000) and shall mature and become due on September 1
In each of the years as follows:
M. awry Amount
6
08743-0-Texas Municipal-Proof of 8-234"teck-Warlick-Phone (214) 631.3130
The Series 1576 Bonds shall be subject to redemption at the option of the Agency on or after
September 1, . , as a whole at anytime, on any interest payment date thereafter, at the respective
Redemption Prices (expressed as percentages of the principal amount of the Series 1976 Bonds to be
redeemed) set forth below, in each case together with accrued interest to the redemption date:
Period During Which Redeemed Redemption
(both dares inclusive) Price
The Series 1976 Bonds maturing September 1, 2012 shall be called for redemption prior to maturity
on and on each 1 thereafter, at the price of par
and accrued Interest, as follows:
1 Amount
In lieu of calling bonds for redemption, the Agency may deliver Series 1976 Bonds to the Paying
Agent (prior to the date of publicadon of the notice of redemption) in the princIpr1 amount up to
the amount scheduled to be called for redempton In any one year and the principal amount of bonds
so delivered shall be credited against the amount of bonds required to be called for redemption in that
year.
SeCTiox 2.04: Interest on Series 1976 Bonds. The Series 1976 Sonds shall bear interest from their
date until paid at the rates per annum as follows:
(1) Bonds maturing In each of the years through at
(Il) Botids maturing In each o; the years through at
(iii) Bonds maturing In each of the years through at
(iv) Bonds maturing In each of the years through at , .
(v) Bonds maturing In each of the years through at
(vi) Bonds maturing in each of the years through at ....95.
(vii) Bonds maturing in each of the years through at o.
(vill) Bonds maturing in each of the years through at ....'''o.
(Ix) Bonds maturing In each of the years through at elo.
(x) Bonds maturing In each of the years though at h.
Such Interest shall be evidenced by proper Coupons attached to each of such Bonds and said
interest shall be payable on March 1, 1977, sad semiannually thereafter on September I and March 1
In each year.
7
081434-Texas Munlcipel-Proof of 8.23.76-Stect-Wariiclt-Phone (114) 631.3130
SECTION 2.05: Paying Agents. The principal of, i,_emium, if any, and interest on Series 1976
Bonds shall be payable at the office of the Paying Agents. Subject to tl-c provisions of Section 3.06. the
Paying Agents for the Series 1976 Bonds shall be the Mercantile National Bank at Dallas, Dallas, Texas
and the Manufacturers Hanover Trust Co., New York, New York and the Registrar for such Bonds shall
be the Mercantile National Bank at Dallas, Dallas, Texas.
SECTION 2.06: Characteristics of Series 1976 Bonds. The Series 1976 Bonds shall be Issued as
Coupon Bonds, subject to registration as to principal only.
SECT:nN 2.07: Form of Series 1976 Bonds, Coupons, Registration Ledger and the Certificate of the
Comptroller of Public Accounts. The form of Series 1976 Bonds, Coupons, Registration Ledger and
Certificate of the Comptroller of Public Accounts of the State of Texas shall be in substantially the
following forms:
SECTION 2.08: Application of Proceeds from Sale of Series 1976 Bonds. The proceeds derived
from the sale of the Series 1976 Bonds shall be applied by the Board for the following purposes:
(a) payment Into the Bond Fund of that portion of such proceeds that is allocable to
accrued interest;
(b) payment into thr '3ond Fund of such amount as, when added to the amount paid therein
pursuant to the provisions t the preceding clause (a), will equal interest accrued and to accrue
on the Series 1976 Bonds to September t, 1978.
(c) payment into the Reserve Fund of an amount equal to the Average Annual Debt Service
on the Series 1976 Bonds.
(d) payment of the principal of and Interest on Texas Muncipal Power Agency Revenue
Bonds, Series 1975, after application of the balance of the Reserve Fund created for the payment
and security of the Series 1975 Bonds.
(e) payment of the balance of said proceeds into the Construction Fund.
SECTION 2.09: Execution of Bonds. The seal of said Agency may be impressed upon each Bond or
in the alternative a facsimile of such seal may be printed thereon. Such Bonds and Coupons, If any,
may be executed by the imprinted facsimile signatures of the President and Secretary of the Board,
and execution in such manner shall have the same effect as if such Bonds and Coupons had been
signed by th3 President and Secretary In person by their manual signatures. Inasmuch as such Bonds
are required to be registered by the Comptroller of Public Accounts for the State of Texas, only his
signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to
be manually subscribed to such Bonds in connection with his registration c.;rti8cate to app:ar thereon,
all in accordance with the provisions of Article 717j-1, Revised Civil Statutes of Texas, 1925, as
amended.
In case any officer or officers who shall have executed any of the Bonds or Coupons, if any, shall
cease to be such officer or officers of the Agency after delivery of such Bonds, but before the Bonds
so executed shall have been actually authenticated and delivered to the purchasers thereof, such Bonds
may nevertheless be delivered as though the person or persons who executed and sealed such Bonds
had not ceased to be such officer or officers of the Agency upon compliance with Article 716, Revised
Civil Statutes of Texas, 1925, as amended.
8
08743-0-Texas Munlcipsl-Proof of 8.23.76-Steck•Wartick--Phone (214) 631.3130
SECTION 2.10: CUSIP Numbers. CUSIP numbers are to be printed on the Bonds herein authorized. '
It is expressly provided, however, that the presence or absence of CUSIP numbers on the bonds shall
be of no significance or effect as regards the legality thereof and neither the Agency nor attorneys
approving said bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed
on the bonds.
SECTION 2.11: Printed Legal Opinion On Bonds. The purchasers' obligation to accept delivery of
the Series 1976 Bonds herein authorized is subject to their being furnished a final opinion of Messrs.
Dumas, Huguenin, Boothman and Morrow, Attorneys, Dallas, Texas, approving such Bonds as to their
validity, said opinion to be dated and delivered as of the date of delivery and payment for such Bonds.
Printing of a true and correct copy of said opinion on the reverse side of each of such Bonds with
appropriate certificate pertaining thereto executed by facsimile signature of the Secretary of the Agency
Is hereby approved and authorized.
SECTION 2.12: E$crt of Mandatory Redemption Provisions: The date of mandatory redemption
sball be considered a principal payment date.
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08743-0-Texas Municipal-Proof of 8.23.76- uck•Warlick-Phone (214) 631.3130
ARTICLE III
Tarns and Provisions of Bonds
SECTION 3.01: Terms.
(a) Additional Bonds may be issued in such Series as may from time to time be established
and authorized by the Agency in a Bond Resolution. Each Bond shall bear upon its face the designation
so determined for the Serves to which it belongs.
(b) The principal of, premium, if any, and interest on the Bonds shall be payable in lawful
money of the United States of America at the office of the applicable Paying Agent.
(c) Additional Bonds of any Series may be issued as Coupon Bonds which may be registrable
as to principal only, or In fully registered form without coupons and be numbered and be In such
denomination or denominations and contain such other provisions as specified In the Bond Resolution
authorizing such Series,
(d) From and after the issuance of the Bonds of any Series, the findings and determinataoas of
the Agency respecting that Series shall be conclusive cvidence of the existence of the facts so found
and determined. The recital contained in any of the Bonds that the same are issued pursuant to the Act
shall be conclusive evidence of their validity and of the regularity of their issuance. As provided In the
Act, Bonds shall be incontestable from and after their approval by the Attorney General of Texas.
SECTION 3.02: Transfer of Coulon Bonds. All Coupon Bonds shall be negotiable and transferable
by delivery, unless registered as to principal in the manner provided in Section 3.03. The Agency and
any Paying Agent may treat the bearer of any Coupon Bond which shall not at the time be registered
as to principal, whether or not such Bond shall be overdue, and the bearer of any Coupon, whether or
not such Coupon shall be overdue, as the absolute owner of such Bond or Coupon for the purpose of
receiving payment thereof and for all other purposes whatsoever, and the Agency and any Paying
Agent shall not be affected by any notice to the contrary.
SECTION 3.03: Registration of Coupon Bondi.
(a) Upon presentation of any Coupon Bond at the principal office of the Registrar for such
purpose by the Holder thereof, the Registrar will register or cause to be registered, on the books
required to be kept pursuant to Section 3.04, itt the name of such Holder or his nominee, the owner-
ship of the principal of such Bond, such registration being noted on the Bond. After such registration
and notation, no transfer of any such Bond registered otherwise than as to bearer shall be valid, unless
made on sail books at the request of the registered owner or by his duly authorized attorney and
similarly noted on the Bond; but such Bond may be discharged from registration by being in like
manner transferred to bearer, and thereupon negotiability and transferability by delivery shall be
restored; and such Bond may again and from time to time be registered or transferred to beater, as
before. Such registration, however, shall not affect the negotiability of the Coupons, but every such
Coupon shall continue to be negotiable and transferable by delivery merely and shall r-main payable
to dearer, and payment thereof to bearer shall fully discharge the Agency and any Paying Agent In
res t of the interest therein mentioned, irrespective of whether the Bond therein mentioned be at
the time registered as to principal.
(b) AEI transfers, registrations and discharges from registerei n of Coupon Bonds shall be
made under such reasonable regulations as the Registrar may prescribe and shall be without expense
to the Holder of the Bonds; except that any taxes or other governmental charges required to be paid
with respect to the same shall be paid by such Holder requesting such transfer, registration or discharge
from registration as a condition precedent to the exercise of such privilege.
(c) As to any Coupon Bond registered as to principal, the person In whose name the same shall
be registered s:;all be deemed the owner thereof for all purposes of any Bond Resolution, and payment
of or on atxount of the principal of such bond shall be made only to or upon the order In writing of
to
08743-0-Texas Municipal-Proof of 8-23-7"teck-Wsrilck-Phone (214) 631-3130
such registered owner, but such registration may be changed as hereinbefore provided. All such pay-
meats shall be valid and effectual to satisfy and discharge liability upon such Bond to the extent of
the sum or sums so paid.
SECTION 3.04: Bond Registration Books. The Registrar will keep or cause to be kept, at its office,
sufficient books for the registration and transfer of the Bonds, which shall at all times be open to
inspection by the Agency; and, upon presentation for such purpose, the Registrar shall, under such
reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred,
on said books, Bonds as hereinbefore provided.
SECTION 3.05: Replacement of Damaged, Destroyed, Lost or Stolen Bonds. The Agency may
issue Bonds to be exchanged for any theretofore lawfully Issued and Outstanding damaged or mutilated
Bonds and as replacements for any theretofore lawfully Issued and Outstanding destroyed, lost or
stolen Bonds, all in accordance with and under conditions specified or permitted by Article 7153,
Revised Civil Statutes of Texas, 1925, as amended, relating to the subject.
SECTION 3.06: Paying Agents, Appo!nrment and Removal. The Agency shall appoint a Paying
Agent or Palling Agents for the Bonds of each Series In the Bond Resolutions. The Agency shall pay
or cause to be paid from the Bond Fund to the Paying Agents for all Series of Bonds funds required
for the prompt payment of the Bonds. The Agency may remove any Paying Agent and any successor
thereto, and appoint a successor or successors thereto.
SECTION 3.07: Fees, Charges and Expenses of the Paying Agents and Registrar. The Paying
Agents shall be entitled to payment of a fee for paying each Bond and each Coupon, and for acting
as Registrar,
1
i
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08743-0-Texas Municipal-Proof of 8.23.76-Steck-Warllck-Phone (214) 631.3130
ARTICLE IV
Redemption of Bonds
SECTION 4.01: Privilege of Redemption of Bonds. Any Series of Bonds subject to redemption
prior to maturity pursuant to a Bond Resolution shall be redeemable, upon notice being given as
provided in this Article, at such times, at such Redemption Prices and upon sc-h terms (in addition to
and consistent with the terms contained in this article) as may be specified in the Bond Resolution
authorizing the Issuance of the Bonds of such Series.
SECTION 4.02: Selection of Bonds for Redemption. If less than all of the Bonds of any Series
maturing on any single date are called for redemption, the Agency shall select the Bonds to be re-
deemed, by lot from the Outstanding Bonds of such Series maturing on that date not previously called
for redemption, unless the applicpbie Bond Resolution makes other provisions. In determining the
St.-ies of Bonds to be redeemed (in whole or in part) the Board shall exercise its discretion, wblcb
when exercised shall be conclusive.
SECTION 4.03: Notice of Redemption.
(a) Notice of redemption (except as provided below) shall be given by publication at least once
prior to the redemption date in the Financial Newspaper, such publication to be not less than thirty
days before such redemption date. If any Bond called for redemption is registered as to principal
or Is fully registered, notice of redemption thereof shall also be mailed, not less than thirty days
prior to the redemption date, to the registered owner thereof, bit neither failure to mail such notice nor
any defect in any notice so mailed shall affect the sufficien.y o: the proceedings for the redemption
thereof. Each notice of redemption shall state the redemption date, the place of redemption, the
principal amount and, if less than 0, the distinctive numbers of the Bonds to be redeemed, and shall
also state that the interest on the Bonds in such notice designated for redemption shall cease to accrue
from and after such reL;:mpdon date and that on said date there will become due and payable on
each of said Bonds the Redemption Price thereof plus accrued Interest. If at the time of giving
notice of redemption no Bonds are Outstanding except Bonds registered as to principal or fully
registered Bonds, publication of such notice shall be deemed to have been waived if the Registrar
executes a certificate to the effect that such notice was mailed to each registered owner of such
Bonds at his address as it appears on the Bond Ledger of the Registrar or at such address as he
may have filed with the Registrar for that purpose.
(b) Notice of redemption shall also be given in writing to the appropriate Paying Agent.
(c) Notice of redemption shall be given by an Authorized Cdicer. The Agency shall deposit with,
or otherwise make available to, the appropriate Paying Agents ti. money required for payment of the
Redemption Price plus accrued Interest to the redemption Mate on ail Bonds then to be called for
redemption at least three business days before the data fixed for such redetption.
SECTION 4.04: Effect of Redemption. If notice of redemption has been duly given as aforeslld,
then such bonds shall, on the redemption date designated In such notice, become due and payabl., at
the Redemption Price specified in such notice plus accrued Interest. If sufficient moneys for payment
of the Redemption Price plus accrued Interest on the bonds to called for redemption is held by the
appropriate paying agent, then from and after the date so designated for redemption, interest on the
bonds so called for redemption shall cease to accrue, and Coupons thereon maturing subsequent
to the redemption data shall be void and Holders of such Bonds shall have no rights in respect
thereof except to receive payment of the Redemption Price thereof plus ac^rued interest. An un-
paid Interest installments represented by Coupons which sball have matured on or prior to the
date of redemption designated In such notice shall continue to be payable to the bearers severally and
respectively upon the presentation and surrender of such Coupons.
SECTION 4.03: Dapositton of Redeemed Bonds. All Bonds redeemed pursuant to the provisions
of this Article or purchased by the Agency and the appurtenant Coupons, if any, shall be cancelled by
the appropriate Paying Agents and shall tbereaftr be delivered to, or upon the order of, the Agency.
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0810-0---Texas Munlclpal-Proof of 8.234"teck-Warlick-Phone (214) 631-3130
. ALTICLE V -
Pledge Creation and Administration of Funds
SECTION 5.01: Pledge. The Bonds shall be and are hereby declared to be payable solely from
and, subject to the provisions of this Resolution permitting the application thereof for the purposes
and on the terms and conditions set forth herein, equally secured by an irrevocable first lien on and
pledge of (1) the Net Revenues and (6) all Funds (including the investments therein) established by this
Bond Resolution, other than the Revenue Fund.
SECTION 5.02: The Revenue Fund. The Revenue Fund is hereby created and established and
shall be held by a Depository. The Gross Revenup of the Agency shall be deposited as received
Into dle Revenue Fund. Money on Deposit in the Revenue Fund shall be used In the following
order of priority:
(1) For the payment of Operation and Maintenance Expenses of the System as the same
become due.
(2) For deposits into the Bond Fund hereby established and created for the payment of
the principal of, premium, if any, and interest on the Bonds as the same become due or are
required to be called for redemption, as required by Section 5.03, and to the purchase of Bonds
as permitted by Section 2.03. The Bond Fund shall be used only for such purposes.
(3) For deposits Into the Reserve Fund hereby established and created for the security
and payment of the Bonds when there is a deficiency of money available for such purpose In the
Bond Fund, as r„ quired by Section 5.04.
(4) For deposits into the Contingency Fund hereby established and created to the extent
required by Section 5.06.
(5) To cure a deficiency in the Bond Fund, the Reserve Fund, and the Contingency Fund,
in that order.
(6) For any lawful purpose, Including
(a) deposits Into a Fuel Reserve Account (hereby established as a part of the Revenue
Fund) for use In paying the cost of fuel acquisition or replacement or fuel working capital,
and uninvested money therein shall be applied only to the cost of acquisition, leasing,
reprocessing and replacement and disposal of fuel and fuel resources, assemblies, materials,
services and components; and
(b) for distribution to the Cities on such basis as the Board may determine would
be fair and equitable if the Board determines an amount of money (and investments) will not
be required for the purposes mentioned in this Section.
SECTION 5.03: Bond Fund. The Bond Fund shall be held in trust as an acco-mt of the Agency
by the Mercantile National Bank at Dallas, Dallas, Texas as custodian of said Fund, said Fund to
be held in trust for the benefit of the Holden. The Agency may remove such bank as custodian and
designate another bank (within the State of Texas) as custodian of said Fund.
In conjunction with the preparation of the annual budget, and Immediately following the delivery
of a Series of Bonds, the Board shell cause a determination to be made
(I) of the amount then on deposit In the Bond Fund for the purpose of paying and
discharging
(a) Interest on Outstanding Bonds to become due, and
(b) the principal to become due, by reason of maturity or mandatory redemption, and
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08743-4-Texas Munldpal-Proof of 8-23-76-Steck-Warlick--Phone (214) 631.3130
00 the amount required to be deposited each month so as to provide, in equal monthly
installments, the full amount required to pay such p,incipal and interest as the same becomes due.
The Board shall (on or before the 25th day of each month) cause the amount so determined
[in clause (ii) of the preceding paragraph] to be transferred from the Revenue Fund to the Bond Fund.
In addition to the amounts provided for bond interest and principal requirements, the Agency shall
make appropriate arrangements for meeting the fees and charges of the Paying Agents.
In the event the amount on hand and available in the Revenue Fund for transfer to the Bond Fund
is insufficient to permit the required deposit in full in accordance with provisions of this Section, then
the amount of any deficiency shall be transferred by the Agency to the Bond Fund from other Funds
crerted and established by this Resolution as herein provided.
SECTION 5.04: Reserve Fund. The Reserve Fund shall be held 1:1 trust as an account of the
Agency by the Mercantile National Bank at Dallas, Dallas, Teems as custodian of said Fund, said
Fund to be held in trust for the benefit of the Holders. The Agency may remove such bank as custodian
and designate another bank (within the State of Texas) as custodian of said Fund.
The amount to be accumulated and maintained in the Reserve Fund shall be the Average Annual
Debt Service of the Bonds Outstanding calculated as of the date of and after giving effect to the last
Series of Bonds delivered.
In the event monies in the Revenue Fund are not adequate to fully make any required transfer to
the Bond Fund (as required by Section 5.03) an amount equal to the deficiency shall be transferred to
the Bond Fund from the Reserve Fund unless such amount has been transferred to the Bond Fund
from the Contingency Fund.
In the event money in the Reserve Fund is transferred to the Bond Fund monthly 6eposits into the
Reserve Fund shall be made on or before the 25th day of each month (not more than 36 equal monthly
Installments) until the amount required to be on deposit in the Reserve Fund has been restored.
SECT104 5.05: Limitations upon Deposits to the Bond Fund and the Reserve Fund. Whenever
amounts in the Bond Fund, together with amounts in the Reserve Fund, shall be sufficient 10 pay the
p.-inclpal of and Interest on all Bonds then Outstanding in accordance with their terms, and shall be
available for such purposes, then and so long as such amounts shall continue to be available and
fully sufficient for such purposes, further transfer of moneys from the Revenue Fund to the Bond
Fund or Reserve Fund shall not be required. Whenever all Bonds at the time Outstanding shall have
been called for redemption and amounts then In the rind Fund, together with amounts in the Reserve
Fund, shall be sufficient to pay the Redemption Price of all such Bonds and interest due thereon to the
redemption date, and shall be available for such purpose, then and so long as such amouu•,ts shall
continue to be available and fully sufficient for such purpose, further transfers of moneys to the
Bond Fund or to the Reserve Fund shall not be required.
Any amounts on deposit in the Reserve Fund which are In excess of the amount required to be
on deposit therein shall be transferred to the Bond Fund to make up any deficiency therein, and if there
be no such deficiency, may be transferred to the Revenue Fund.
SECTION 5.06: Contingency Fund. The Contingency Fund shall be held by a Depository.
On or before the Date of Commercial Operation of the initial electric generating facility owned
(in whole or in part) or of gated by or on behalf of the Agency, the sum of not less than $2,000,000
shall be deposhed in the Contingency Fund from proceeds of Bonds or other funds of the Agency
legally available therefor. The amount to be accumulated and maintained in this Fund may be Increased
if the same is accomplished In the manner provided In the Power Sales Contract.
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08743-0--Texas Municipal-Proof of 8.234"teck-WarUck-Phone (214) 631-3130
In the event the amount on hand in said Fund Is less than the Contingency Fund Requirement,
monthly deposits shall be made from the Revenue Fund on or before the 25th day of each month
(not more than 36 equal monthly installments) until the full amount of the Contingency Fund Require-
ment is on deposit therein.
Any emount on deposit in the Contingency Fund which is In excess of the Contingency Fund
Requireme; t shall be transferred to the Bond Fund or Reserve Fund to make up any deficiency therein,
and if there be no such deficiency, shall be transferred to the Revenue Fund.
Money in the Contingency Fund may be used, it funds are not otherwise available for such purpose,
for any one or more of the following purposes:
(a) to pay the cost of extraordinary renewals, replacements and additions to anti extensions
of the System which are required for the continuing operation of the System or any part thereof; and
(b) to pay the cost of extraordinary operation and maintenance costs, including extraordinary
costs of fuel and the cost of preventing or correcting any unusual loss or damage (Including
major repairs), to the System, or the retirement from service, decommissioning or disposal of
facilities of the System, and
(c) for the security and payment of the Bonds when there is a deficiency of money available
for such purpose in the Bond Fund, the Reserve Fund, either or both.
SECTtoN 5.07: Construction Fund.
(a) The Construction Fund is hereby established and created and shall be held by a Depository.
There shall be paid into the Construction Fund the amounts required to be so paid by the provisions
of any Bond Resolution and any moneys from other sources which the Board may elect to deposit
therein. Amounts in the Construction Fund, except as otherwise provided herein, shall be applied
to the payment of the Cost of Acquisition and Construction.
(b) The Agency may establish within the Construction Fund a separate project account for each
project of the Agency but in any event shall provide for accounting controls with respect to the
expenditures of amounts from the Construction Fund as to assure application of moneys therein
as required by the Bond Resolution and applicable law.
(c) The proceeds of insurance maintained pursuant to the Bond Resolution against physical
loss of or damage to the System, or of contractors' performance bonds with respect thereto, pertaining
to the period of construction thereof of any project wall be paid into the Construction Fund.
(d) Notwithstanding any of the other provisions of this Section, to the extent that other moneys
are not available therefor, amounts in the Construction Fund shall be applied to the payment of the
principal of, premium, if any, and interest on Bonds when due.
(e) Amounts in the Construction Fund shall be invested and reinvested to the fullest extent
practicable in Investment Securities as directed by the Agency., Earnings from such Investments shall be
retained in the Construction Fund.
(f) The substantial completion of construction or reconstruction of each project shall be evidenced
by certificate of the Authorized Officer, which shall be filed with the Depository of the Cotstruction Fund,
stating (1) that such project has been completed substantially in accordance with the plans and sped-
fieations applicable thereto, (il) the date of such substantial completion and (Iii) the amounts, If any,
required for the payment of any remaining part of Cost of Acquisition and Construction of such
project. Upon the filing of such certificate, the balance in the Construction Fund allocable to
such project In e,..ess of the amount, if any, stated in such certificate shall be deposited in the
Bond Fund or Reserve Fund, to the extent of any otficiencies therein, and to the extent there
are no such deficlencles, may be deposited in the Bond Fund for use in retiring Bonds in advance
of their regularly scheduled maturity or used for other proper expenditures from the Construction
Fund as the Agency may direct.
IS
08743-0-Texas Munleipal-Proof of 8.23.76--lock-Warlick--Phone (214) 631.3130
ARTICLE VI
Covenants of the Agency
SECTION 6.01: Punctual Payment of Bonds. The Agency will punctually pay or cause to be paid
the principal of, premium if any, and interest on the Bonds in strict conformity with the terms of any
Bond Resolution, and according to the true intent and meaning thereof.
SECTION 6.02: Against Encumbrances, Exce~ t as permitted by Section 6.19, the Agency aril] not
create, and will use its best efforts to prevent the creation of, ar,y mortgage or lien upon the System
or any part thereof or any property essential to the proper operation of the System or to the maintenance
of the revenues therefrom. The Agency will not create, or permit th; creation of, any pledge, lien,
charge or encumbrance upon the revenues except only as provided iii or permitted by a Bond Resolution.
SECTION 6.03: against Sale or Other Disposition of Property. Except as permitted by Section 6.19,
the Agency will not sell or otherwise dispose of aay property essential to the proper operation of the
System or to the maintenance of the revenues. The Agency will not enter into any lease or agreement
which impairs or impedes the operation of the System or which impairs or impedes the rights of the
Bondholders with respect to the Net Revenues.
SECTION 6.04. Maintenance and Operation of System. The Agency, upon the acquisition or
construction of an operating System, will operate the same continuously, to the extent practicable under
conditions as they may from time to time exist, In an efficient and economical manner, and will at all
times maintain, preserve and keep, or cause to be maintained, preserved and kept, the System, including
all parts thereof and appurtenances thereto, in good repair, working order and condition, and in such
manner that the operating efficiency thereof will be of high character, and the Agency will from time
to time make, or cause to be made, :+ll necessary and proper repairs and replacements so that the
business carried on in connection with the System by the Agency may be properly and advantageously
conducted in a manner consistent with prudent mana,ement, and so that the rights and security of the
Holders of the Bonds are fully protected and preserved.
SECTION 6.05: Maintenance of Revenues, Power Sales Contracts.
(a) The Agency will at all times comply with all terms, covenants and provisions, express and
implied, of ail contracts and agreements entered into by it for electric power and energy furnished
by of available to the System and all other contracts or agreements affecting or involving the System
or the business of the Agency with respect thereto. The Agency shall promptly collect all charges due
for electric power and energy and services supplied by It as the same become due, and shall at all
times maintain and promptly and vigorously enforce its rights against any party who does not pay
such charges when due.
(b) The Agency shall enforce the provision of 'he Power Sales Contracts and duly perform its
covenants and agreements thereunder.
SECTIoN 6.06: Observance of Laws and Regulations. The Agency will well and truly keep,
observe and perform all valid and lawful obligations or orders or regulation now or hereafter Imposed
on it by contract, or prescribed by any law of the United States of America or of the State of Texas,
or by any officer, board or commission having jurisdiction or control, as a condition of the continued
enjoyment of any and every tight, privilege or franchise now owned or hereafter acquired by the
Agency, Including its right to exist and eery on business, to the end that such rights, privileges and
franchises shall be maintained and preser<0, and shall not become abandoned, forfeited or In any
manner Impaired; provided, however, that the Agency shall not be required to comply with any such
orders to long as the validity or application thereof shall be contested in good faith.
SECTioN 6.07: Payment of Tares and Calms. The Agency will, from time to time, duly pay
and discharge, or cause to be paid and discharged, any toes, assessments or other governmental
16
08743-0-Texas Mutildpal-Proof of 8.234"teck-Wsrtick-Phone (214) 691.3130
' charges lawfully Imposed on it or its properties when the same shall become due, and will duly
observe and conform to all valid requirements of any governmental authority relative to any such
properties. The Agency will keep the System and all parts thereof free from a71 other liens, claims,
demands and encumbrances to the end that the priority of the Gan of the Bond Resolution on the Net
Revenues may at Ill times be maintained and preserved.
Nothing herein shall be construed as requiring the Agency to pay any tax, claim assessment or
governmental charge or comply with any regulation during the time the validity thereof Is being ques-
tioned by the Agency.
SECTION 6.08: Insurance. Subject in each case to the condition that insurance Is obtainable at
reasonable rates and upon reasonable terms and conditions:
(a) The Agency will procure and maintain, or cause to be procured.and maintained, at all
times while any Bonds shall be Outstanding, Insurance on the System in such amounts and against
such risks as are usually insurable in connection with similar systems and are usually carried by
electric utilities operating similar systems. Such insurance shall be adequate in amount and as to
the risks insured against, and shall be maintained with responsible insurers.
(b) The Agency will procure and maintain, or cause to be procured and maintained so long
as any Bonds shall be Outstanding, public liability and property damage insurance as Is usually
carried by municipal electric utilities operating similar properties.
(c) The Agency will secure and maintain adequate fidelity insurance or bonds on all
officers and employees handling or responsible for funds of the Agency.
(d) The obligation hereunder to procure and maintain insurance with respect to a Joint
Project shall be met if the entity, acting as the manager of the Joint Project, obtains and maintains
the Insurance required for the benefit of all owners of the Joint Project as their interest may appear.
(e) The Agency may establish and create a special fund with and to be held by a Depository
for the purpose of providing a self insurance fund and the amount deposited In such fund in any
Fiscal Year shall be charged as an Operating and Maintenance Expense. Money In such fund, If
treated, may be Invested in Investment Securities, and Interest Income or increment may be retained
therein or transferred to the Revenue Fund as may be determined by the Agency as evidenced
by a Written Certificate of the Agency. To the extent amounts may be held in such fund, the face
amount of appropriate Insurance policies may be reduced.
SECTION 6.09: Books and Recordy. The Agency covenants that proper books of record and
account will be kept In which full, true and correct entries will be made of all Income, expenses and
transactions of and in relation to the System, and each and every part thereof, in accordance with
Generally Accepted Accounting Principles. On or before 120 days after the close of each Fiscal Year of
the Agency, beginning with the Fiscal Year ending In 1976, a statement showing the gross operating
Income and revenues, the operating and maintenance charges and the net operating income of the
System for the Fiscal Year then last completed, and a balance sheet of the Agency as of the end of such
last Fiscal Year, all certified by an Independent Certified Public Accountant, will be made available
at the office of the Agency. The Agency further covenants and agrees that the System, and each and
every part thereof, and ail boo' s, records, accounts, documents and vouchers relating to the construction,
operation, maintenance, repair, Improvement and extension thereof, will at all times be open to Inspection
of the Holden of Bonds and their representatives.
SECTION 6.10: Rare: and Charges. The Agency will, at all times while any of the Bonds shall be
Outstanding, establish, fix, prescribe and collect rates and charges for the sale or use of electric power
and energy or services produced, transmitted, distributed or furnished by the System which, together
with other Income, are reasonably expected to yield N,st Revenues equal to at least 1.23 times
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08743.4-Texas Municipal-Proof of 8.23.76-Steck-Wartick-Phone (214) 631.3130
charges lawfully imposed on it or its properties when the same shall become due, and will duly
observe and conform to all valid requirements of any governmental authority relative to any such
properties. The Agency will keep the System and all parts thereof free from all other liens, clahns,
demands and encumbrances to the end that the priority of the lien of the Bond Resolution on the Net
Revenues may at all times be maintained and preserved.
Nothing herein shall be construed as requiring the Agency to pay any tax, claim assessment or
governmental charge or comply with any regulation during the time the validity thereof is being ques.
tioned by the Agency.
SECTtoN 6.09: Insurance. Subject h: each case to the condition that Insurance is obtainable at
reasonable rates and upon reasonable terms and conditions:
(a) The Agency will procurr+ 9nd maintain, or cause to be procured and maintained, at all
times while any Bonds eh,n ue Outstaukling, insurance on the System in such amounts and against
' such risks as are usually insurable in connection with similar systems and are usually carried by
electric utilities operating similar system!. Such insurance shall be adequate in amount and as to
the risks Insmed against, avAd shall be maintained with responsible insurers.
(b) The Agen%,y wftl procure and maintain, or cause to be procured and maintained so long
as any Bonds shall be Outstanding, public liability and property damage Insurance as is usually
carried by municipal electric utilities operating similar properties.
(c) The Agency will secure and maintain adequate fidelity insurance or bonds on all
officers and employees handling or responsible for funds of the Agency,
(d) The obligation hereunder to procure and maintain insurance with respect to a Joint
Project shall be met if the entity, acting as the manager of the Joint Project, obtains and maintains
the insurance required for the benefit of all owners of the Joint Project as their interest may appear.
(e) The Agency may establish and create a special fund with and to be held by a Depository
for the purpose of providing a self insurance fund and the amount deposited in such fund In any
Fiscal Year shall be charged as an Operating and Maintenance Expense, Money In such fund, if
created, may be Invested in Investment Securities, and interest income or facrement may be retained
therein or transferred to the Revenue Fund as may be determined by the Agency as evidenced
by a Written Certificate of the Agency. To the extent amounts may be held in such fund, the face
amount of appropriate Insurance policies may be reduced,
SFr.TtoN 6.09: Books and Records. The Agency covenants that proper books of record and
account will be kept in which full, true and correct entries will be made of all Income, expenses and
transactions of and in relation to the System, and each and every part thereof, In accordance with
Generally Accepted Accounting Principles. On or before 120 days after the close of each Fiscal Year of
the Agency, beginning with the Fiscal Year ending in 1976, r statement showing the gross operating
Income and revenues, the operating and maintenance charges and the net operating Income of the
System for the Fiscal Year then last completed, and a balmee sbeet of the Agency as of the end of such
last Fiscal Year, all certified by an independent Certified Public Accoununt, will be made available
at the office of the Agency. The Agency further covenants and agrees that the System, and each and
every pad thereof, and all books, records, accounts, documents and vouchers relating to the construction,
operation, maintenance, repair, improvement and extension thereof, will at all times be open to Inspection
of the Holden of Bonds and their representatives.
4
SBCnoN 6.10: Rates and Charges, The Agency will, at all times while any of the Bonds shall be
Outstanding, establish, fix, prescribe and collect rates and charges for 6e sale or use of electric power
and energy or services produced, transmitted, distributed or furnished by the System w'alcb, together
with other income, are reasonably expected to yield Net Revenues equal to at Iea.t 1.25 times
17
08743-0---Texas Municiprd-Proof of 8-23.76-Steck•Warlick-Phone (214) 631.31!0
charges lawfully imposed on it or its properties when the same shall become due, and will duly
observe and conform to all valid requirements of any governmental authority relative to any such
properties. The Agency will keep the System and all parts thereof free from all other liens, claims,
demands and encumbrances to the end that the priority of the lien of the Bond Resolution on the Net
Revenues may at all times be maintained and preserved.
Nothing herein shall be construed as requiring the Agency to pay any tax, claim assessment or
governmental charge or comply with any regulation during the time the validity thereof is being ques-
tioned by the Agency.
SECTION 6.03: Insurance. Subject in each case to the condition that insurance is obtainable at
reasonable rates and upon reasonable terms and conditions:
(a) The Agency will procure and maintain, or cause to be procured and maintained, at all
times while any Bonds shall be Outstanding, insurance on the System in such amounts and against
such risks as are usually insurable in connection with similar systems and are usually carried by
electric utilities operating similar systems. Such insurance shall be adequate in amount and as to
the risks insured against, and shall be maintained with responsible insurers.
(b) The Agency will procure and maintain, or cause to be procured and maintained so long
as any Bonds shall be Outstanding, public liability and property damage insurance as is usually
carried by municipal electric utilities operating similar properties.
(c) The Agency will secure and maintain adequate fidelity insurance or bonds on all
officers and employees handling or responsible for funds of the Agency.
(d) The obligation hereunder to procure and maintain insurance with respect to s Joint
Project shall be met if the entity, acting as the manager of the Joint Project, obtains and maintains
the insurance required for the benefit of all owners of the Joint Project as their interest may appear.
(e) The Agency may establish and create a special fund with and to be held by a Depository
for the purpose of providing a self insurance fund and the amount deposited in such fund In any
Fiscal fear shall be charged as an Operating and Maintenance Expense. Money in such fund, if
created, may be invested in Investment Securities, and interest income or increment may be retained
therein or transferred to the Revenue Fund as may be determined by the Agency as evidenced
by a Written Certificate of the Agency. To the extent amounts may be held in such fund, the face
amount of appropriate insurance policies may be reduced.
SECTION 6.09: Books and Records. The Agency covenants that proper books of record and
account will be kept in which full, true and correct entries will be made of all income, expenses and
transactions of and In relation to the System, and each and every part thereof, in accordance with
Generally Accepted Accounting Principles. On or before i2C days after the close of each Fiscal Year of
the Agency, beginning with the Fiscal Year ending in 1976, a statement showing the gross operating
Income and revenues, the operating and maintenance charges and the net operating income of the
System for the Fiscal Year then last completed, and balance sheet of the Agency as of the end of such
last Fiscal Year, all certified by an Independent Certified Public Accountant, will be made available
at the office of 6•t Agency. The Agency further covenants and agrees that the System, and each and
every part thereof, and all books, records, accounts, documents and vouchers relating to the construction,
operation, maintenance, repair, improvement and extension thereof, will at all times be open to Inspection
of the Holders of Bonds and their representatives.
SECTION 6.10: Rates and Charges. The Agency will, at all times while any of the Bonds shall be
Outstanding, establish, fix, prescribe and collect rates and charges for tha sale or use of electric power
and energy or services produced, transmitted, distributed or furnished by the System which, together
with other Income, are reasonably expected to yield Net Revenues equal to at least 1.25 times
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08743-0--Texas Municipal--Proof of 8.23-76-Steck-Warlick-Phone (214) 631-3130
r
the Debt Service of all Outstanding Bonds for the Fiscal Year for which such rates and charges shall
apply, (but excluding amounts deposited in the Bond Fund payable as interest in such Fiscal Year
which were provided from the proceeds of Bonds) and, promptly upon any material change in the
circumstances which were contemplated at the time such rates and charges were most recently reviewed,
but not less frequently than once in each Fiscal Year, shall review the rates and charges for electric power
and energy and services and shall as necessary revise such rates and charges to comply with the
foregoing requirement, provided that such rates, charges and income shall in any event produce moneys
sufficient to enable the Agency to comply with all its covenants under tha Bond Resolution and to •
pay all obligations of the Agency, in'ading Subordinated Indel.tedness.
SECTION 6.11: Eminent Domain. If all or any part of the System shall be taken by eminent
domain proceedings or conveyance in lieu thereof, the net proceeds realized by the Agency therefrom
shalt be deposited in the Construction Fund.
SECTION 6.12: Reconstruction of the System; Application of Insurance Proceeds. If any useful
portion of the System shall be damaged or destroyed, the Agency shall, as expeditiously as possible,
continuously and diligently prosecute or cause to be prosecuted the reconstruction or replacement
thereof, unless the Agency determines that such reconstruction or replacement is not in the interests of
the Agency and the Bondholders. The proceeds of any insurance paid on account of such damage or
destruction, other than business interruption loss insurance, shall be paid into the Construction Fund
and made available for, and to the extent necessary applied to, the cost of such reconstruction or
replacement, if any. Pending such applicatiof, such proceeds may be invested by the Agency in Invest-
ment Secu,ides.
SECTtoN.6.13: Limitations on Free Use of FarUities. None of the net electric power and energy
owned, controlled or supplied by the Agency or other services shall be furnished or supplied free. U the
Agency shall sell fuel or water developed or made available by or for the System, a reasonable charge
therefor shall be made.
SECTION 6.14: Power to Issue Bonds and Pledge Revenues and Other Funds. The Agency Is
duly authorized under all applicable laws to create and issue the Bonds and to adopt this Bond
Resolution and to pledge the Net Revenues and other moneys, securities and funds purported to be
pledged by this Bond Resolution in the manner and to the extent provided in this Resolution. The
Bonds and the provisions of all Bond Resolutions are and will be the valid and legally enforceable
obligations of the Agency in accordance with their terms and the terms of the such Bond Resolutions.
The Agency shalt at all times, to the extent permitted by law, defend, preserve and protect the pledge
of the Net Revenues and other moneys, securities and funds pledged under the Bond Resolutions and
all the rights of the Holders urder the Bond Resolution against all claims and demand of all persons
whomsoever.
SECTION 6.15: Power to Construct and Operate System and Collect Rates and Fees. The Agency
has, and will have so long as any Bonds are Outstanding, good right and lawful power to construct,
reconstruct, Improve, maintain, operate and repair the facilities of the System and to fiat and udlect
rates, fees and other charges in connection with the System, subject to the jurisdiction of any applicable
regulatory authority.
SECTION 6.16: General
(a) The Agency shall do and perform or cause to be done and performed all acts and things
required to be done or performed by or on behalf of the Agency under the provisions of the Act and
the Bond Resolution.
(b) Upon the date of delivery of any of the Bonds all acts, conditions and things required by law
and the Bond Resolution to exist, to have happened and to have been performed precedent to and
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08743-0--Texas Munleipal-Proof of 8-23-76-Steck-Warlick-Phone (214) 631.3130
in the issuance of such Bonds shall exist, have happened and have been performed in regular and
In due time, form and manner as required by law and the Agency will have duly and regularly complied
with all applicable provisions of law and will be duly authorized to issue the Bonds under the Act
in the manner and upon the terms as in the Bond Resolution provided.
(c) The Agency may purchase Bonds of any Series from any available funds at public or private
sale, as and when and at such prices as the Agency may in its discretion determine, but no purchase
shall be made at a price exceeding the then current market price or, in the case of Bonds which
by their terms are subject to redemption prior to maturity, the then current or first applicable
Redemption Price.
SECTION 6,17: Engineer. The Agency may retain one or more recognized independent engineers
or engineering firms as appropriate for the purpose of providing the Agency with engineering counsel.
Any engineer employed pursuant to this Section shall be selected with the special reference to his
knowledge and experience in the matter for which he is retained.
SECTION 6.18: Annual Budget. Prior to the beginning of the Fiscal Year commencing October I,
1976, and not less than 30 days prior to the beginning of each Fiscal Year thereafter, the Agency shall
adopt an Annual Budget for the ensuing Fiscal Year which shall set forth in reasonable detail the
amount of money on band, estimated Gross Revenues and Operating and Maintenance Expenses and
other expenditures of the System for such Fiscal Year and the estimated amount to be de•
posited during such Fiscal Year in the Funds established by the Bond Resolution. At the end of the
sixth month of each Fiscal Year the Agency shall review its estimates of Gross Revenues and Operating
and Maintenance ixpenses for such Fiscal Year, and in the event such estimates do not substantially
conespond with actual Gross Revenues or Operating and Maintenance Expenses, the Agency may
adopt an amended Annual Budget for the remainder of such Fiscal Year, The Agency may also at
any time adopt an amended Annual Budget for the remainder of the then current Fiscal Year.
SECTioN 6.19: Acquisition and Disposal of Fuel Resources. In connection with the acquisition
of fuel resources the Agency may from time to time encumber, as a purchase money mortgage, any
land or rights in land or fuel resources and execute a deed of trust note as additional security therefor
and such note may be made payable as provided in Section 7.04.
Fuel may be sold by the Agency, as contemplated by Section 6.13, if the Board determines
such sale would be in the best interest of the Agency.
SECTION 6.20: Covenants as to Power Sales Contracts, other Agreements. The Agency covenants
that it will not do any act or omit to do any act which would cause a breach of contract or cause the
Agency to be In default of any covenant, condition or provision of the Power Sales Contract or any
agreement with respect to any Joint Project and it will enforce all the terms and conditions of such
contracts against the parties thereto.
SECTION 6.21: Sale of an Ownership Interest in Electric Facilities. In the event another entity
(as defined in the Act) acquires or increases its ow-iership interest in a Joint Project (as permitted by
the Act) the money received by the Agency shall be placed In a construction fund so as to complete
and provide the facilities constituting the Joint Project or other projects which the Agency is empowered
to provide. In no event shall the Agency permit the acquisition of an oAmetswp interest in electric
facilities in a manner that would cause the interest on Bonds to become subject to federal income
taxation.
SECTION 6.22: Sale of Properties Constituting a Part of the System. In he cvent properties
constituting a part of the System are not no-oded for the efficient operation and maintenance of its
electric facilities and the same are sold, the proceeds therefrom may he placed in the Construction
Fund for the acquisition of additional properties or may be deposited in the Bond Fund provided that
proceeds from the sale of fuel resources shall be deposited In the Fuel Reserve Account.
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08143-0-Texas Municipal-Proof of 8.23-16- Steck-Warlick-Phone (214) 631-3130
ARTICLE VII
Additional Bonds and Refunding Bonds .
SECTCON 7.01: Additional Bonds Generally.
(a) Subject to the provisions hereinafter appearing with relation to conditions precedent which
must first be met, the Agency reserves the right to issue, from time to time as needed, Additional Bonds
for the lawful purposes of the Agency with respect to the System, (including the payment of the prin-
cipal of, interest on and redemption premium, if any, on Subordinated Indebtedness issued by the
Agency for such purposes pursuant to Section 7.04 hereof). All such Additional Bonds and require-
ments ascribed to them shall be payable from the same source and secured in the same manner on a
parity and of equal dignity with all other Bonds. Additional Bonds shall be made to mature on
+ March 1, or September 1, either or both.
(b) In the discretion of the Board, the Additional Bonds may be authorized and issued in such
form as shall be lawful and deemed the most advantageous under the circumstances at the time. More
specifically but without intending any limitation, they maybe (i) in coupon form, without privileges
of registration as to principal; (ii) in coupon form with privileges of registration as to principal; (iii) ii
registrable form with privileges of conversion to cour-n form; (iv) in coupon form with privileges of
conversion to registrable form; (v) made to mature serially or as "term" or "sinking fund" Bonds wiLP
arrangements for mandatory redemption. Should Bonds be issued as "term" or "sinking fund" Bonds with
provisions for mandatory redemption, the date of mandatory redemption shall be considered a principal
payment date.
(c) It is further provided that should in the fixture there be developed any characterization for
evidence of indebtedness or debt instruments differing from those used hereunder, the Agency shall have
thi right to employ those characterizations in its tinancing arrangements and to provide that such
evidence of indebtedness o- debt instruments may be payable from the same source and secured in the
same manner as the Bond., on a parity therewith, provided that the same conditions precedent herein
required for the authorization and issuance of Additional Bonds first be met as conditions precedent to
the authoriza ion and issuance cf any such other evidence of indebtedness or debt instruments.
SECTION 7.02: Additional Conditions for Issuance of Additional Bonds. The Additional Bonds
may be is red in one or more Series; provided, however, that ro Additional Bonds shall be issued
unless e.nd until the following conditions have been met:
(a) The Agency, as evidenced by a certificate of an Authorized Officer, is not in default (i) as
to any covenant, condition or obligation prescribed by the Bond Resolution authorizing the issuance
of the Outstanding Series 1976 Bonds or Additional Bonds or (il) in the payments of Subordinate
Indebtedness.
(b) The laws of she State of Texas effective at the time of the authorization of such Additional
Bonds shall permit their issuance;
(c) The Bond Resolution authorizing the Additional Bonds:
(f) reaffirms the provisions of Section 5.03 hereof with respect to deposits being made in the
Bond Fund in an amount adequate to pay the Debt Service on the Bonds as the same become
due and sets forth the amount of Bond proceeds, if any, to be deposited in any Fund established
by this Resolution, and
(u) provides that there be deposited in the Reserve Fund (out of the proceeds of the Addl-
flosal Bonds or from other sources of the Agency legally available for such purpose) any addi-
tional sum required so that the amount then on deposit therein is equal to not less than the
Average Annual Debt Service on all Bonds then Outstanding, after giving effect to the issaance
of the proposed Additional Bonds; and
(d) The Agency shall have (1) obtained a certificate from each City which has executed the
Power Sales Contract with the Agency showing a forecast of operating results of its electric system
which show the ability of each City to meet its obligations payable from the revenues of such electric
system for the period (the "forecast period") of (a) ten ensuing fiscal years of each City or (b) each
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08743-0--Texas Municipal-Proof of 8-23-76--Steck-Warlick-Phone (214) 631.3130
ensuing fiscal year o'. each City until the third fiscal year after the latest estimated ecmpledon date of
any project which has been I eviously approved by the Cities, whichever is later and
(2) the Engineer has reviewed such forecasts and executed a certificate, stating in effect that in
his opinion such forecasts are reasonable and based thereon (and such other factors as he deems
prudent) the Agency will have the ability to meet its obligations during each fiscal year for the forecast
period.
(e) The Agency shall have obtained a report from an independent certified public accountant
showing that the Net Revenues (i) for the Fiscal Year next preceding the date of the Additional
Bonds or (ii) for 12 consecutive months out of the 18 months next preceding the date of tie
Additional Bonds, were equal to at least 1.25 times the Debt Service (excluding amounts deposited
in the Bond Fund for the payment of interest which were provided from the proceeds of Bonds) for
such period; provided however, the requirement of this paragraph (e) shall not be applicable to
Additional Bonds issued for the purpose of completing the financing of a Project for which a Series of
Bonds has been issued.
SUM-; 7.03: Refunding Bonds. The Agency shall retain the right t1 issue refunding Bonds
to refund all or any part of its Outstanding Bonds as permitted by and in accordance with any lawful
method thereunto appertaining, it being provided, however, that no refunding boltds shall be issued
which (i) shall enjoy a lien on Net Revenues superior to that possessed by Outstanding Bonds and
(ii) the Debt Service for the refunding Bonds are in each year less than the Debt Service for the Bonds
being refunded or, if less than all Outstanding Bonds are refunded, the proposed refunding Bonds shall
be considered as "Additonal Bonds" under the provisions of Section 7.02 (e) and meet the requirements
thereunder but the report required shall give effect to the issuance of the proposed refunding Bonds
(and shall not give effect to the Bonds being refunded following thew cancellation or provision being
made for their payment).
SEcrzoN 7.04: Subordinated Indebtedness. The Agency retains the right to issue evidence of
indebtedness secured by a pledge of such amounts in the Revenue Fund as may from time to time
be available for the purpose of payment thereof (after the payments required to be made into the
Bond Fund, the Reserve Fund, the Contingency Fund or any additional Fund created and established
by the Bond Resolution), or which are secured by a vendor's lien in the properties acquired, including
notes heretofore or hereafter given in connection with the acquisition of lrad, or rights in land or
fuel resources, provided, however, that such indebtedness shall be incurred only for any one or more
of the purposes set forth in the Act.
SECTtoN 7.05: Special Contract Obligations. The Agency retains the right to issue bonds or other
obligations for the purpose of financing the construction or acquisition of electric facilities (as defined
in the Act) which are to be initially owned as co-tenants or co-owbers by the Agency and another
entity, or entities, and such bonds or other obligations, for the purposes of the Bond Resolution, shall
be Special Contract Obligations.
Special Contract Obligations shall not be payable from Gross Revenues, nor shall the expense of
operating and maintenance of such ele.tric facilities be an Operating and Maintenance Expense, nor shall
the electric facilities so financed be a part of the System, as such terms are herein defined. Such
Obligations shall not be on a parity with the Bonds or be considered as having been issued pursuant
to the Bond Resolution.
Any lease payments, fnstal(ruent sale payments, or other payments or receipts of the Agency
which are received by reason of the acquisition or financing of such electric facilities with any proceeds
of Special Contract Obligations shall be kept separate and apart from any Funds created or established
under the Bond Resolution, provided that any amounts received by the Agency in any Fiscal Year in
excess of that required to pay operating and maintenance expenses, the principal of, premium for
redemption (if any) and interest on such Special Contract Obligations, the amounts required to
establish or replenish any fund established for the payment and security of such Obligations, and the
fees of the paying agent, registrar, or trustee (any or all), shall be deposited in the Revenue Fund
herein created and shall be applied, from that time forward, as Gross Revenues,
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08743-0-Texas Municipal-Proof of 8.23-76-Steck-Warlick--Phone (214) 631.3130
ARTICLE VIII
Modification or Amendment of Bond Resoludooe
SECTION 8.01: Amendments Permitted.
(a) This Bond Resolution and any Bond Resolution and the rights and obligations of the Agency
and of the Holders of the Bonds and the Coupons may be modified or amended at any time or with the
written consent, (i) of the Holders of at least sixty per cent in principal amount of the Bonds then
Outstanding, and (u) in case less than all of the several Series of Bonds then Outstanding are
affected by the modification or amendment, of the Holders of at least sixty per cent in principal
amount of the Bonds of each Series so affected and then Outstanding, and provided, however,
that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any
specified Series remain Outstanding, the consent of the Holders of Bonds of such Series shall not be
required and Bonds of such Series shall not be deemed to be Outstanding for the purpose of 'any calcula-
tion of Outstanding Bonds under this section. No such modification or amendment shall (f) extend the
maturity of any Bond, or reduce the principal amount or Redemption Price thereof, or reduce the
rate or extend the time of payment of interest thereon, without the consent of the Holder of each
Bond so affected, or (ii) reduce the aforesaid percentage of Bonds required for the affirmative vote or
written consent to an amendment or modification of this Bond Resolution or any Bond Resolution with-
out the consent of the Holders of all of the Bonds then Outstanding.
(b) Any Bond Resolution or supplemental resolution and the rights and obligations of the Agency
and of the Holden of the Bonds and the Coupons may also be modified or amended at any time by a
supplemental resolution, without the ecmsent of any Bondholders, but only to the ecteat permitted by
law and only for any one or more of the following purposes -
(1) to add to the covenants and agreements of the Agency in the Bond Resolution contained,
other covenants an:i agreements thereafter to be observed, or to surrender any right or power herein
reserved to or conferred upon the Agency.
(2) to make such provisi; ns for the purpose of curing any ambiguity, or of curing or
correcting any defective provision contained in the Bond Resolution, or in regard to questions
arising under the Bond Resolution, as the Agency may deem necessary.
•
SECTION 8.02: Amendment by Written Consent. The supplemental resolution shall became effec-
tive when there shall have been filed with the Agency the written consents of the necessary number
of Holders of the Bonds then Outstanding and g notice shall have been published as hereinafter in this
Section provided. It shall not be necessary for the consent of the Bondholders under this Section to
approve the particular form of any proposed supplemental resolution, but it shall be sufficient if such
consent shall approve the substance thereof. Each such consent shall be effective only if accompanied
by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is
permitted by Section 12.03. Any such consent shall be binding upon the Holder of the Bonds giving
such consenr and on any subsequent Holder thereof (whether or not such subsequent Holder has notice
thereof) unless such consent is revoked in writing by the Holder of the Bonds giving such consent or a
subsequent Holder thereof by filing such revocation with the Agency prior to the date when the notice
hereinafter in this Section provided for has been published. Notice of the fact of the adoption of such
supplemental resolution shall be published at least once in a Financial Newspaper after the data of
adoption of such supplemental resolution.
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08743-0-Taxes MunWpal--Proof of 8-23-76- Steck-Warlick-Phone (214) 631-3130
ARTICLE DC
Events of Default and Remedies of Holders
SECTION 9.01: Events of Default. Each of the following occurrences or events shall be and Is
hereby declared to be an "Event of DefaWV to wit;
(a) The failure to make payment of the principal of any of the Bonds when the same shall
become due and payable;
(b) The failure to pay any installment of interest when the same shall become due and
payable;
(c) Default in any covenant, undertaking or commitment contained in the Bond Resolution,
the failure to perform which materially affects the rights of the holders of the Bonds to be repaid
and the continuation thereof for a period of sixty (60) days after notice of such default by any
Holder of any Bonds;
(d) If there shall occur the dissolution or liquidation of the Agency or the filing by the
Agency of a voluntary petition in bankruptcy or the commission by the Agency of any act of
bankruptcy, or adjudication of the Agency as a bankrupt or assignment by the Agency for the
benefit of its creditors, or the entry by the Agency into an agreement of composition with its
creditors, or the approval by a court of competent jurisdiction of a petition applicable to the
Agency in a proceeding for its reorganization instituted under the provisions of the general bank-
ruptcy act, as amended, or under any simila- act in any jurisdiction which may now be in effect
or hereafter enacted
SECTION 9.02: Remedies for Default. Upon the happening and continuance of any of the Events
of Default as provided in Section 9.01 bereof, then and in every case any Holder may proceed against
the Agency for the purpose of protecting and enforcing the rights of the Holders of Bonds or Coupons
under the Bond Resolution, by mandamus or other suit, action or special proceeding in equity or at law,
In any court of competent jurisdiction, for any relief permitted by law, including the specific performance
of any covenant or agreement contained herein, or thereby to enjoin any act or thing 'which may be
unlawful or in violation of any right of the Holder hereunder or any combination of such remedies.
Each such right or privilege shall be in addition to and cumulative of any other right or privilege and
the exercise of any right or privilege by or on behalf of any Holden shall not be deemed a waiver of any
other right or privilege thereof. %
SECTION 9.03: Priority of Payments. If an Event of Default has occurred then moneys of the
Agency shall be applied first to the payment of interest on Bonds that has become due and second to the
pro-rata reduction of the principal amount of Bonds Outstanding which have become due.
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08743.0--Texas Municipal-Proof of 8-23-76--Steck-Warlick-Phone (214) 631.3130
ARTICLE X
• Depositories of Moneys, Security for ,
Deposits and Investment of Fonds
SECTION 10.01: Depositories.
(a) All moneys held in the Bond Fund and in the Reserve Fund shall be deposited with one
or more Depositories in the name of the Agency and shall be held in trust for the benefit of the
Holders and applied only in accordance with the provisions of the Bond Resolution.
(b) Each Depository shall be a bank or trust company organized under the laws of the State
of Texas or a national banking association located wthin this state willing and able to accept the office
on reasonable and customary terms and authorized to act in accordance with the provisions of the
Bond Resolution.
SECTION. 10.02: Deposits.
(a) Nc moneys shall be deposited with apy Depository having capital stock and surplus aggre-
gating less than $5,000,000 in an amount exceeding 25% of the amount which an officer of such
Depository shall certify to the Agency as the capital stock and surplus of such Depository.
(b) All moneys held by any Depository may be placed on demand or time deposit, if and as
directed by the Agency, provided that such deposits shall permit the moneys so held to be available
for use at the time when needed. No officer or employee of the Agency shall be liable for any loss or
depreciation in value resulting from any Investment made pursuant to the Bond Resolution. Any such
deposit may be made in the commercial banking department of any Depository which may honor
checks and drafts on such deposit or may be deposited in the banking department on demand or, if and
to the extent directed by the Agency on time deposit, provided that such moneys on deposit be avail-
able for use at the time the Board estimates it will 4e needed. Such Depositories shall allow and
credit on such moneys such interest, if any, as it customarily allows upon similar funds of similar size
and under similar condition or as required by law.
(c) All moneys held under the Bond Resolution by any Depository shall be continuously and
fully secured for the benefit of the Agency and the Holders of the Bonds and Coupons (A) with Col-
lateral Securities, or (B) in such other manner as may then be required or permitted by applicable
laws and regulations of the United States of America or the State of Texas regarding security for, or
granting a preference In the case of, the deposit of trust funds.
(d) All moneys deposited with the Paying Agents and each Depository shall be credited to the
pa-ticular Fund or Account to which such moneys belong.
SecnoN 10.03: Investment o/ Certain Funds.
(a) Moneys held in the Bond Fund and the Reserve Fund shall be Invested and reinvested by the
custodian thereof to the fullest extent practicable in Investment Securities provided, however, that the
custodian thereof shalt make such investments only in accordance with Instructions received from in
Authorized Officer of the Agency. Moneys held in the Revenue Fund and the Contingency Fund may be
invested and reinvested by the Agency In Investment Securities.
(b) Net interest earned on any moneys or investments and any increment in any investment of the
Revenue Fund, the Rmrve Fund, the Contingency Fund, and the Bond Fund shall remain a part of
the respective Fund, but the same may be transferred if permitted by Article V.
(c) In computing the amount in any Fund created under the provisions of the Bond Resolution,
obligations purchased as an Investment of moneys therein shall be valued at the amortized cost of
such obligations.
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08743-0-Texas MuNdpal--Proof of 8-23-76-Stock•Wadlck-Phone (214) 631-3130
ARTICLE XI
Discharge of Indebtedh,v
' SECTION 11.01; Discharge of Indebtedness.
(a) If the Agency shall pay or cause to be paid, -)r there shall otherwise be paid, to the Holders of
all Bonds the principal of, premium, if any, and interest on such Bonds, at the times and in the manner
stipulated therein and in the Bond Resolutions, then the pledge of any Net Revenues, and other moneys,
securities and funds pledged under the Bond Resolutions and all covenants, agreements and other obliga-
tions of the Agency to the Bondholders shall thereupon cease, terminate and become void and be
discharged and satisfied In such event, the Depositories and Paying Agents shall cause an accounting for
such period or periods as shall be requested by the Agency to be prepared and filed with the Agency and,
upon the request of the Agency shall execute and deliver-to the Agency all such instruments as may be
desirable to evidence such discharge and satisfaction, and the Depositories and Paying Agents shall pay
over or deliver to the Agency all moneys or securities held by them pursuant to the Bond Resolutions
which are not required for the payment of the principal of, premium, if any, or interest on Bonds.
If the Agency shall pay or cause to be paid, or there shall otherwise be paid, to the Holders of any
Outstanding Bonds and the Coupons appertaining thereto the principal of, premium, if any, and interest
on such Bonds, at the times and In the manner stipulated therein and in the Bond Resolutions, such
Bonds shall cease to be entitled to any lien, benefit or security under the Bond Resolutions, and all
covenants, agreements rind obligations of the F gency to the Holders thereof shall thereupon ceaso,
terminate and become vrid and be discharged and satisfied.
(b) Bonds or Coupons or interest installments for the payment or redemption of which moneys
shall have been set aside an3 shall be held in trust by the Paying Agents (through deposit by the Agency
of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof
shall be deemed to have been paid within the meaning and with the effect expressed in subsection (a)
of this Section. All Outstanding Bonds of any Series and all Coupons appertaining to such Bonds shall
prior to the maturity or redemption date thereof be deemed to have been paid within the meaning and
with the effect expressed in subsection (a) of this Section if (1) in case any of such Bonds are to be
redeemed on any date prior to their maturity, the Agency shall have given notice of redemption as
provided I,t Article IV of such Bonds on said date, (2) there shall have been deposited with the Paying
Agents either moneys in an amount which shall be sufficient, or Investmtnt Securities (including any
Investment Securities issued or held in book-entry form on the books of the Department of the Treasury
of the United States of America) the principal of and the interest on which when due Will provide moneys
which, together with the moneys, if ,my, deposited with the Paying Agents at the same time, shall be
sufficient, to pay when due the principal of, premium, if any, and Interest to become due on such Bonds
on and prior to the redemption date or maturity date thereof, as the case may be. Neither Investment
Securities nor moneys deposited with the Paying Agents pursuant to this Section nor principal or
interest payments on any such Investment Securities shall be withdrawn or used for any purpose other
than, and shall be held In trust for, the payment of the principal of, premium, if any, and interest on
such Bonds provided that any cash received from such principal or interest payments on such Investment
Secaddes deposited with the Paying Agents, if not then needed for such purpose, shall, to the extent
practicable, be reinvested in Investment Securities maturing at times and in amounts sufficient to pay
when due the principal of, premium, if any, and interest on such Bonds on and prior to such redemption
date or maturity date thereof, as the cat e may be, and interest earned from such reinvestments shall
be paid over to the Agency, as received by the Paying Agents, free and clear of any tnts4 lien or pledge.
Any payment for Investment Securities purchased for the purpose of reinvesting cash as aforesaid shall
be made only against delivery of such Investment Securities. For the purposes of this Section, Investment
Securities shall mean and include only such securities as are described In clause (i) of the definition of
"Investment Securities" in Section 1.01 ww._~ ad not be subject to redemption prior to their ma~sity.
SECTION 11,02; Unclaimed Moneys. Anything in the"Bond Resolutions to the contrary notwith-
standing, any moneys held by a Paying Agent in trust for the payment and discharge of any of the
u
08743-0--Texas Municipal-Proof of 8-23-76--Steck•Warlick--Phone (214) 631-3130
Bonds or Coupons which remain unclaimed for four years after the date when the same have become
due and payable, either at thAr stated maturity dates or by call for earlier redemption, if such moneys
were held by a Paying Agent at such date, or for four years after the date of deposit of such moneys it
deposited with the Paying Agent after the said date when such Bonds become due and payable, shall,
at the Written Request of the Agency, be repaid by the Paying Agent to the Agency, as its absolute prop-
erty and free :rom trust, and the Paying Agent shall thereupon be released and discharged with respect
thereto and fie Bondholders shall look only to the Agency for the payment of such Bonds and Coupons.
26
087434D- T%,w Munidpal-Proof of 8-234"teck-Warlick-Phone (214) 631.3130
~ f
ARTICLE X11
~ Miscellaneous
SECTION 12.01: Limited Liability of Agency. The Agency shall not be required to advance any
moneys derived from any source of income other than those pledged (under Section 5.01) for the
payment of the principal of, premium, if any, and interest on the Bonds. Nevertheless, the Agency may,
but shall not be required to, advance for any of the purposes hereof any funds of the Agency which
may be available to it for such purposes.
SECTION 12.02. Successor Is Deemed Included in All References to Predecessor. Whenever in the
Bond Resolutions either the Agency or any Paying Agent is named or referred to, such reference shall
be deemed to include the successors or assigns thereof.
SECTIoN 12.03: Execution of Documents by B.7ndholders. Any request, declaration or other Instru-
ment which the Bond Resolutions may require or permit to be executed by Bondholders may be in one
or more Instruments of similar tenor, and shall be executed by Bondholders in person or by their
attorneys appointed in writing.
Except as otherwise expressly provided, the fact and date of the execution by any Bondholder or
his attorney of such request, declaration or other instrument, or of such writing appointing such attorney,
may be proved by the certificate of any notary public or other officer authorized to take acknowledgments
of deeds to be recorded in the state in which he purports to act, that the person signing such request,
declaration or other instrument or writing acknowledged to him the execution thereof, or by as
affidavit of a witness of such execution, duly sworn to before such notary public or other officer.
Any request, declaration or other instrument or writing of the Holder of any Bond shall bind a'1
future Holden of such Bond in respect of anything done or suffered to be done by the Agency or a Paying
Agent in good faith and in accordance therewith or in reliance thereon.
SECTION 12.04: Waiver of Personal Liability. No member of the Board and no officer, agent or
employee of the Agency shall be individually or personally liable for the payment of the principal of,
premium, if any, and interest on the Bonds but nothing herein contained shall relieve any such member,
officer, agent or employee from the performance of any official duty provided by law.
SECTION 12.05: Waiver of Notice. Whenever in a Bond Resolution the giving of notice by mail
or otherwise is required, the giving of such notice may be waived in writing by the perv,,: entitled to
receive such notice, and in any such case the giving or receipt of such notice shall not be a condition
precedent to the validity of any action taken in reliance upon such waiver.
SECTION 12.06: Cremation or Destruction of Cancelled Bonds. Whenever in a Bond Resolution
provision is made for the surrender to the Agency of any Bonds or Coupons which have been paid or
canceled pursuant to the provisions of a Bond Resolution, the, Agency may, by a Written Rcquest, direct
the appropriate Paying Agent to cremate or destroy such Bonds c• Coupons and furnish to tie Agency a
certificate of such cremation or destruction.
SECTION 12.07: Governing Law. This Bond Resolution shall be governed by and construed In
accordance with the laws of the State of Texas.
SECTION 12.08: Article and Section Headings. All references herein to "Articles," "Sections" and
other subdivisions are to the corresponding articles, sections or subdivisions of this Bond Resolution,
and the words "herein," "hereof," "hereundee, and other words of similar Import refer to this Bond
Resolution as a whole and not to arty particular article, section or subdivision hereof. The headings
or titles of the several articles and sections hereof, and any table of coo'ents apfended to copies
hereof, shalt be solely for convenience of reference and shall not affect the meaning, construction or
effect of this Bond Resolution.
27
08743-0-Texts Municipal-Proof of 8.23-76-Steck-Warlick-Phone (214) 631.3130
• c
} SECTION 12.09: Partial Invalidity. If any one or more of the covenants or agreements, or portions .t
thereof, provided in this Bond Resolution on the part of the Agency (or of any Paying Agent) to be
e performed should be contrary to law, then such covenant or covenants, such agreement or agreements,
or such portions thereof, shall be null and void and shall be deemed separable from the remaining
covenants and agreements or portions thereof and shall in no way aHact the validity of this Bond
Resolution or of the Bonds but the Holders sball retain all the rights and benefits accorded to them
under the Act or any other applicable provisions of law.
SECTION 12.10: Repeal of Inconsistent Resolutions. Any resolution of the Agency and any part
of any resolution, inconsistent with this Bond Resolution is bereby repealed to the extent of such
inconsistency.
SECTION 12.11: No Arbitrage, The Agency certifies that based on facts, estimates and circumstances
expected to exist on the date of the issue of the Series 1975 Bonds it is not reasonable to anticipate that
the proceeds thereof will be used in a manner which would cause them to be "arbitrage bonds" within the
meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or regulations there-
under applicable thereto, and the officers of the Agency charged with responsibilities in the issuance of
bonds are authorized and directed to make, execute and deliver certifications as to facts, estimates and
circumstances in existence as of the date of the issue of said Bonds and stating whether there are any
facts, estimates or circumstances which wadd materially change th► Agency's present expectations.
The covenants herein made and the certifications herein authorized are for the benefit of the Holders
from time to time of said Series 1976 Bonds and the Coupons appertaining thereto and may be relied
upon by said Holders and by bond counsel for the Agency.
SECTION 12.12: Bonds not to be Industrial Development Bonds. The Agency covenants that it
will take no action or permit any action to be taken (which it may control) if the same would cause
the Series 1976 Bonds to be classed as industrial development bonds under the Internal Revenue Code
of 1954, as amended.
28
687434--Texas Municipal, Proof of 8-234"teck-Warlick-Phone (214) 631-3130
4+~
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 27TH
DAY OF AUGUST, A. D. 1976.
R E S O L U T I O N
WHEREAS, the City of Denton along with the Cities of
Bryan, Greenville and Garland, Texas, have
heretofore by concurrent ordinances provided
for the creation of the TEXAS MUNICIPAL POWER
AGENCY (TMPA) under the provisions of Article
19:;5a, V.A.T.C.S.; and
+ WHEREAS, the City of Denton has previously entered into
a "Contract for Development of Fuel Resources
and Planning Electric Generation Facilities"
and a "Contract for the Performance of Certain
Duties" with TMPA; and
WHEREAS, the City of Denton has passed ordinance No. 76-38
approving a Power Sales Contract with TMPA, and
approving a TMPA Bond Resolution in the amount of
$50,000,000; and
WHEREAS, the Mayor of Denton has executed the said Power
Sales Contract pursuant to the authority granted
to her by ordinance No. 76-38; and
WHEREAS, previous to passing ordinance No. 76-39, the City
Council hid passed a motion asking Te).as Power and
Light Company to make a formal offer for the City
of Denton Electric Utility System; and
WHEREAS, in discussion prior to pa3sage of ordinance No.
76-38, legal counsel had Lnformed the city council
that it would be practic&lly impossible for the
City of Denton to dispose or sell its electrical
utility system if the ordinance was passed and
the Power Sales Contract exeouted; and
WHEREAS, Section 12.0.1 of the City Charter of the City of
Denton states "No sale, lease or disposal of any
utility system or any part hereof essential to
continued effective utility service, shall ever
be made u:,les; such sale, lease or disposal is
approved by a vajority vote of all the qualified
electors !n the City of Denton and
WHEREAS, it is the intention of the City Council of the
City of Denton not to jeopardize or harm the
financing and operations of TMPA or its member
cities, or to jeopardize Denton's position in
TMPA; and
WHEREAS, it is the intention of the City Council to explore
only those areas of businass relations'iips regard-
ing its electric utility system with other entities
that are legally permissible under the terms and
condition9 of the Power Sales Contraot.
t,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
that it will not do any act in regard to the
sale or disposal of its electric utility system
that is not permitted by state law, city charter,
the Power Sales Contract, or the ordinances auth-
orizing the outs,:anding City of Danton Electric
Revenue Bonds, and that the City will not take
any course of action that would be harmful or
detrimental to TMPA, or its member cities.
PASSED AND APPROVED this the 27th day of August, A. D. 1976.
ELINOR HUGHES, OR
CITY OF DENTON, TEXAS
ATTEST-
V 44-
BRPOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
Qam~- t94~-_
PAUL C. ISHAM, CITYPATTORNEY
CITY OF DENTON, TEXAS
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August 28, 1476 No 1hlCreS
S0"e
Unive rsity
Uente `Texas
76203
Mayor Elinor Ilughes `President's
City of Denton Olrice
Denton, Texas 76201
Dear Mayor Hughes:
I should like to propose a settlement offer from North Texas State
university concerning the present litigation pending between NTSU and the City
of Denton. This litigation is related to the request from NTSU that the City
close two blocks on Avenue D and two blocks on Prairie Street.
The offer inclu(!es a reimbursement to the City of Denton for costs
incurred by the City of Denton or a contractor employed by the City for per-
forming the following:
1) Moving the necessary portions of electrical transmission lines
along Avenue D from Highland tc Sycamore and west one block to Avenue E,
utilizing the present level of facilities and the present level of services in order
to accommodate the new HPER Building, such work to commence immediately
upon the approval of the settlement offer. This work is necessary to remove
the harard of the lines from that portion of the campus, to enhance the appear-
ance of that portion of the campus, and to make room for the actual construction
of the HPER Building. NTSU will pay to the City of Denton 35 000 for per-
forming this work.
2) Constructing or reconstructing all electrical, water and sewer lines
disturbed as a result of the proposed closing of the streets and erection of the
HPER Building, such work to be done concurrently with the work on the HPER
Building. NTSU will pay to the City of Denton $500 for performing this work.
3) The City of Denton will install four-way stop signs at the intersection
of Avenue C and Chestnut Street. In addition, the City will install on Avenue C
a pedestrian crosswalk and necessary signs at a location between Chestnut and
Highland Street wherever it is fount to be necessary to maintain maximum
pedestrian safety and as expeditiously as possible. This work will be performed
by the City of Denton at no cost to NTSU.
r~~~re~h,', offr. • c e r ~aaa: o: a
I ' Mayor Ilu-hes
August 28, 1976
- page 2 -
4) The donation, acquisition or rciinbursement for acquisition of the
necessary land (right-of-way) along the cast and west sides of Avenue E to
widen that thoroughfare from Oak Street to the I-35 access roaJ at the south
end of Avenue E. Such street improvement is necessary in order to connect
Avenue L to the I-35 access road leading frorn the Avenue D bridge across 1-35E
coaitingeizt upon the approval of the appropriate authorities of the City of Denton.
NTSU will pay to the City of Denton $135, 000 for performin; this work.
5) The donation, acquisition or reimbursement for acquisition of the
necessary right-of-way to widen Eagle Drive west from Avenue C to I-35 access
road and the proportimate cost of paving and curbing that part of Eagle Drive as
may be required to handle an increased traffic flow. NTSU will pay to the City
of Denton $65, 000 for performing this work.
6) The proportionate cost of improving Avenue E (including paving and
curbing) in order to better accommodate the flow of traffic. NTSU will pay to
the City of Denton $165, 000 for performing this work.
All work mentioned in items 4, 5 and 6 is to be completed by September 1,
1978.
If NTSU furnishes any of 't e above-mentioned items, then that amount
will be credited by the City against the total cash settlement.
In addition to the above-mentioned items, I shall recommend the follow-
ing resolution to the NTSU Board of Regents. (See attached)
I should like to recommend to the City of Denton that the deed conveying
the blocks on Avenue D and Prairie Street to NTSU will contain a•condition that if
Avenue C is closed by an attempt of NTSU through any means other than action by
the City Council, then the property described in the deed will revert to the City
of Denton.
1 trust that due consideration may be given to this offer, that it will be
found acceptable, and the present dispute between both parties is resolved.
Sincerely,
C. C. Nolen, President
CCN:er
I
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RESOLUTION
Be it Resolved:
That the Board of Regents of North Texas State University for and in
consideration of the granting to it certain portions of Avenue D and West Prairie
strelts by the City of Denton, Texas, for the purpose of constructing an educa-
tional facility known as the HPER Building, and for the extension and improvement
of Avenue E by said City of Denton; hereby concurs with the recommendation of
President Nolen that North Texas State University will not take any action other
than a request to the City Council of the City of Denton, Texas, to close Avenue C.
The intent of said recommendation is to permit the said City Council
its discretion to close Avenue C, but if said City Council votes "no", then the
request will terminate and no legal proceeding to close same will be commenced
by North Texas State University.
The Board of Regents further instructs President Nolen t6 thoroughly
study every possible alternative related to retaining Avenue C within the North
Texas State University Master Plan.
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OATH OF OFFICE
is CHARLES MUIRHEAD , do solemnly
swear (or af=.rm) Vat I will faithfully execute the duties of the
office of Board of Adjustment
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and 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 10
day of August , A.D. 14 76 To certify ww cF-
witness my an an sea of office.
AYSET R
CITY OF DENTON, TEXAS
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OATH OF OFFICE
I~ MRS.'JUDY STEWART do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of MEMBER COMMUNITY ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the pest of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ord'nances of this City.
Subscribed and sworn to before me the undersigned on this the Ik:k-I
day of ___._aµ..4 , A.D. 14_2~d_. To certify which -
witness my hand 6hd sea] of office.
I CRT RY
CITY OF UENTON, TEXAS
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OATH OF OFFICE
Is DOROTHY WELBOkN' , do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of MEMBER COMMUNITY ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the lhiited
States and of this State and the Charter and Ordinances of this City.
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Subscribed and sworn to before me the under gned on this the 11
day of , A.D. 19 To certify r c-
witness my Tian sea of office.
I C T R
CITY OF DENTON, TEXAS
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OATH OF OFFICE
I, FATHER JOE SCHUMACHER do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of MEMBER COMMUNITY ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed an sworn to before me the undersigned on this the e7l
day of , A.D. 19. To certify wch---
witness my a an sea of o fice.
I CR R
CITY OF DENTON, TEXAS
OATH OF OFFICE
• JAMES RAMIREZ , do solemnly i
swear (or affirm) that I will faithfully ,xecute the duties of the
' office of MEMBER COMMUNI1Y ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed aipd swor to before me the undersigned on this the 'i
day of 1 , A.D. 19 To certify Witness my hhia an seal of office,
I C T R
Cl Y OF DENTON, TEXAS
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OATH OF OFFICE
I~ MRS. LUPE PICKETT _ do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of MEMBER COMMUNITY ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
i
Subscribed a sworn to before me the unders ned on this the
day of Z , A.D. 19 To certify c
witness my an n sea of office.
qgrSECRETARY
CITY OF DENTON, TEXAS
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OATH OF OFFICE
I~ SHELTON PENDARVES , do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of MEMBER COMMUNITY ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed a worn to before me the unde i ned on this the
day of uir A.D. 19~ To certify
witness my an sea of office.
WTY SECRETARY
CITY OF DENTON, TEXAS
F
OATH OF OFFICE
LILLIE HUNTER do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of MEMBER COMMUNITY ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed a sworn o before me the undersjggned on this the
day of
f A.D. 19 6 To certify wfi/fcfi -
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witness my a and~seal of office.
f-ISKR T R i
C17Y OF DENTON, ',_XAS
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OATH OF OFFICE
I, DR. ELNEITA DEVER , do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of MEMBER COMMUNITY ETHNIC RELATIONS BOARD
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and 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
day of 4t«4L % t ii , A.D. 19-_. To certify wTiTd-
witness my-hand-'And sea] of office.
GITY'SECRETARY
CITY OF DENTON, TEXAS
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OATH OF OFFICE
is MARTHA LEN NELSON do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of LIBRARY BOARD MEMBER
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Cci~stitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
r
Subscribed and worn to b fore me the undersigned on this the ~(1
day of , A.D. 19 To certify w c
witness my an sea of office.
op '0
CVY -SECRETARY
CITY OF DENTON, TEXAS
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OATH OF OFFICE
I, PEGGY HOLT do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of LIBRARY BOARD MEMBER
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sworn to before me the unders gned on this the
oay of , A.D. 19 To certify c
witness my an sea of office.
SECRETARY
CITY OF DENTON, TEXAS
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OATH OF OFFICE
I, ELINOR CALDWELL do solemnly
swear (or affirm) that 1 will faithfully execute the duties of the
office of LIBRARY BOARD MEMBER
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and 'aws of the United
States and of this State and the Charter and Ordinances of this City.
p
Subscribed an sworn to before me the under igned on this the ~Q
day of A.D. 14 ~G To certify which
witness my an an sea of office.
1 SEC TRi
CITY OF DENTON, TEXAS
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• OATH OF OFFICE
DR. DAVID SPECK , do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of LIBRARY BOARD MEMBER
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sworn ~before rge the under igned on this the
day of ./r , A.D. 1' i(. To certify wwWFc
witness my an an sea o ofFfi~ce.
gTYe-SECR]ETVRY--
CITY OF DENTON, TEXAS
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OATH OF OFFICE
I~ JULIA KEENER do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of LIBRARY BOARD MEMBER
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances.of this City.
L X c aJ ~cetr.~.e-~/
Subscribed and sKorn to before me the under i ned on this the
day of , A.D. 19 To certify w c
witness my hatild a sea T of office.
CrTT CR 1 R
CITY OF DENTON, TEXAS
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CITY OF DENTO N TAX A D 3 U S T M E N T S
FOR THE MONTH OF AUGUST 1976
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Personal Property Automobiles $ 19282.30
Hugh Mixon
Tax•Assessor-Colle.,tor
City of Denton, Texas
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C I T Y O F D E N T 0 N T A X A D J U S T M E N T S
FOR THE MONTH AUGUST 1976
PERSONAL PROPERTY
NAME ACCOUNT TAX TAX REASON
NUMBER YEAR
David Massey 9999-35130 1973 $ 5.78 Unable to locate
r' 9999-31715 1974 2,72 rr to of
flick Mazkoori 9999-32130 1974 14,62 "
Richprd McAnally 9999-32215 1974 11.05 "
Dan McClendon 9999-32585 1974 8.84 ,r v "
Linda McClendon 9999-32605 1974 1.36 „ rr
Lybeth McDonald 9999-32925 1974 5.10 of If "
Philip Mead McMunigle 9999-33435 1974 3,06 " " "
Debbie McQueen 9999-33550 1974 2.72 " " Of
Ruby Meaders 9999.33610 1974 11,56 of " "
Billy D. Mercer 9999-33815 1974 2,72 " " "
Joan-Marra 9999-33850 1974 9.35 to it 11
Mildred Mewborn 9999-33890 1974 17,85 to If of
if 11 9999-37560 1973 17.85• if 11 is
Otte Michael 9999-33950 1474 5110 to a
Lillian Miller 9999-34315 1974 10,20 'r " "
Peggy Miller 9994-34355 •1974 2,72 " of is
Bennie S. Mitchell 9999-34665 1974 11,05 " " It
Janis Jane Montgomery 9999-34900 1974 6180 " " to
Douglas W, More 9999-35015 1974 2,72 " It
"
Doyle D. Moore 9999-35020 1974 11,56 " " "
.r
Lad Moore 9999-35085 1974 3,06 rr it
9999-35090 1974 11.56 tr " "
9999-35095 1974 5,78 " it
"
Ronnie Moore 9999-35140 1974 11,05 if of "
Daphne S. Morby 9999-35215 1974 8,50 of It r,
Charles R. Moss 9999-35585 1974 14,62 rr it or
L. A. Nations 9999-36215 1974 5,78 of of of
Steven 0. Neelay 9999-36335 1974 6,80 " If "
Bill M. Nelson 9999-36420 1974 2,72 It It "
u " " 9999-40130 1973 5.78 rr It of
Kay Lynn Neuman 9999-36525 1974 13.60 " " of
Edward C. Newbold 9999-36540 1974 14,28 of to of
Thomas Nhambure 9999-36655 1974 8150 it " it
" of 9949-40415 1973 8.50 to " "
Juanita Nicholson 9999-40530 1973 8150 "
" of 9999-36775 1974 6,80 " .
Michael Arthur Noble 9999-40660 1973 10603 is
" it to 9999-36880 •1974 6,12 if
Aliiabeth F. Nordin 9949-36945 1974 12.92 " " to
Emmanuel A. Ogundipe 9999-37285 1974 8150 it " of
Olen I. Oliver Jr. 9999-37300 1974 2.04 " of "
Michael Ross Oneal 9999.37355 1474 8684 rr 11 to
J. 8. Osborne 9949.37485 1474 5,78 ° It of
Roger Owens 9999-41490 1973 5.78 " If "
Andy Ozner 9999.37645 1974 12,92 " of "
Mary Ann Ozuna 9499-37655 1974 2,72 " " to
" " It 9999-41525 1973 5078 to to
NAME ACCOUNT TAX. TAX REASON .
NLNBER YKAR
Charles Re Moss 9999-39295 1973 $ 17.51 Unable to locate
Diane Paclik 9999-37690 1974 13.09 " It "
Mary G, Parker 9999-38000 1974 2.72 ,r " of
" to If 9999-41835 1973 5.78 " e u
Mardel Patch 9999-38140 1974 8.50 " " of
George Patee 111 9999-38155 1974 3.06 to " "
Joseph Petitto 9999-39075 1974 6.46 If It to
" to 9999-39080 1974 14.62 " if n
Michael He Poynor 9999.39965 1974 15.98 " so 11
Richard Poynor 9999-39970 1974 5,95 " " it
Ronald G. Poyser 9999-39975 1974 2.72 " 11 so
Charles R. Quintero 9999-40465 1974 11.05 " to If
Joseph Rabus 9999-40490 1974 2.72 " of
Thomas Me Rainbolt 9999-40570 1974 2.72 it "
Francisco J. Ramirez 9999-40690 1974 11.05
of If to 9999-40695 1974 11,05
Paul Randolph 9999-40790 1974 13,09 "
Ray L. Raney 9999-40810 1974 8.50 if it "
James C, Read 9999-40995 1974 3.40 to " "
Duel Richardson 9999-41695 1974 11.05 If It 10
Jim 'Richman 6 9999-41795 1974 11,05 " " to
Judy A, Riney 9999-42050 1974 2.04 If of "
Lawrence Roberts 9999-42365 1974 11.73 "
Orville Alan Roce 9999-42630 1974 11,56
Shelia Roce 9999-42635 1974 12.92
Terry Y. Rounsavall 9999-43000 1974 2.72
J, To Russell 9999-43215 1974 12.58
Bernard Fahimman Said 9999-43375 1974 9.35 of to e.
Robert Be Salmen 9999-43455 1974 18.36 " " It
Ovidio Saucedo 9999-43795 1974 11.73
is to 9999-43790 1974 11,05 " " to
Juanita Scaff 9999-43880 1974 9.18 " " if
Jerry Lee Scarboro 9999.43915 1974 16.32 " if to
Donald D. Schamp 9999-43945 1974 8.84 " if "
Karen Scott 9999-44425 1974 11.05 " "
Richard He Sealy 9999-44565 1974 4.59 " " of
Cornelia 0, Seymour 9999-44815 1974 17,17 to Robert Me Shaw 9999-45010 1974 1,70 to to
Jan Sheppard 9999-44935 1974 .15.98 " "
Steve Shimp 9999-45265 1974 8.84 If 11 of
Jim Richman 9999-45785 1973 12.92 of, of "
Juanita Scaff 9999-48170 1973 12492 It "
Robert He Shaw 9999-49230 1973 3.40 It " 00
If of
'Henry Re Shockey Jr 9999-45340 01974 3.06
Audry Shofner 9999-45365 1974 5.78 It 10 10
to " 9999-49560 1973 8,84 to go 11 11
Mary Sibley 9999-45450 1974 5,10 to 11 Mrs, 0. Le Simien 9999-45555 1974 2,72
James Ce Singleton 9999-45805 1974 10,20
Kelly S. Smith 9999-46465 1974 3,40
,Michael J, Smith 9999-46520 1974 7682
Richard Be Smith 9999.50980 1973 12,92, " It H
of " to 9999-46620 1974 11.05 " to it
Richard Smith 9999-46625 .1974 15464 of if n
Sidney Lynn Smith 9999-46645 1974 15.98 n " of
Trove Sprabary 9999-47240 1974 2.72
.Patrick We Stenger. 9999.47750 1974 3640•
Frank Re Sughrue 9999-48600 1974 11.22 " "
Thipppaya Tanghongn 9999.49010 1974 8,50 " "
'Done IS Le Tanner 9999-49015 1974 804 " 11
"
NAME ACCOUNT TAX TAX REASON .
NUKBER YKAR
Larry Tanner 9999-49040 1974 $ 8,84 Unable to locate
Hoyt Taylor 9999-49220 1974 5.78 " it "
Hoyt L. Taylor Jr 9999-49140 1974 17.17 " If If
T. J. Taylor 9999-49385 1974 11.05 " " "
Susan M. Timmerman 9999-50095 1974 12.92 " it "
Chi Kwong To 9999-50165 1974 15.98
Tomal Inc. 9999-50235 1974 25.50
Marcus C. Torti 999950340 1974 6.80
Donicio Trevino 9999-50545 1974 5.78
Michael F. Trilica 9999-50605 1974 2.72 of It to
Franklin B. Tyler 9999-50945 1974 1.70 " " "
U Rent M Corp. 9999-50955 1974 10.03 " if "
Martin Uvalle 9999-51040 1974 8.64 if It "
Genara Verver 9999-51255 1974 12.92 it if "
Arthur H. Waldrip 9999-51665 1974 2.72 " to It
John E. Walker 9999-51775 1974 8.50 " of it
Mary Walker 9999-51800 1974 12.92 " " "
Sheila V. Walker 9999-51810 1974 12.92 " " "
Bill Wallace 9999-51855 1974 14.62 " It
"
Pat Ward 9999-52055 1974 14.11 " If "
Sandra J. Weaver 9999-52400 1974 8.84 " " "
James R. Webb 9999-52460 1974 2.72 to
Mrs. Vivan Wesley 9999-52795 1974 16.32
Barbara M. Wheeler 9999-52970 1974 2.72
William-G. Whitsitt 3r9999-53330 1974 2.72
Layne Widkerson 9999-53595 1974 8.84 it If of
Crete Williams 9999-53890 1974 11.73 of r'
Ronald L. Williams 9999-54055 1974 12.58 " t
Warren G. Williams 9999-54090 1974 5.10 " " "
Dick Willis 9999-54235 1974 7.82 " if
"
Lloyd Winchester 9999-54625 1974 25.84 " to
"
,Claudio G. Witteaauer 9999-54720 1974 6.80 " " "
Dwaine Woods 9999-54930 1974 3.40 If it of
TOTAL $19255.45
David Massey 9999-27730 1970 11.40 Too old
it 9999-27735 1970 5010 " if
Jill Parker 9999-33495 1970 '10.35 " "
TOTAL $ 26.85
I
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TheTrinkty
Companies
August 11, 1976 P.O. Box 5028 -Dallas. Texas 75222
~I
City Clerk
City of Denton
Denton, Texas
Bond #152913 - Goldsmith, Oliver, Inc. in favor of the City of Denton,
Texas for Pest Control Bond
Dear Sir:
This is to notify you that we have elected to terminate this bond as
of August 21, 1976.
Thank you.
Very truly yours,
Gloria Stevens
Fidelity & Surety Dept. ,
pw
cc: Roeder & Moon Agency, Inc.
5217 Ross Avenue, Suite #710
Dallas, Texas 75206
L
Trinity Universal insurance Co..Security National Insurance Co. ■Trinity Universal Insurance Co, of Kansas, Inc.
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lJne t~,ldiFFetfcYS$ FIlda:l.~ondir~ 'o..,~ianfeu 9) 4'j (e171 eJ~/lie y G^O's11/1a.#Iy
3050 STEMMONS FREEWAY P. 0, BOX SWS, DALLAS, TEXAS 75272 • PHONE 214/531-020 • JOE KIRBY, PRESIDENT
August 25, 1916
CERTIFIED MAIL: 723698
City Clerk '
City of Denton
Denton, Texas
RE: BOND NO. 1495917(LP338050)
Wilmouth W. Wright
Handy Man Service
Sidewalk, Curb & Gutter, Denton
Gentlemen:
We vish to take advantage of the cancellation clause contained in the above
captioned bond, Therefore, this is our notice of cancellation by the bond terms,
You are notified that this bond is cancelled end voided as of the9.th.
day of October , 19 , 6
WESTE SURETY COMPANY
vice President
CC:
Armstrongs Sanger Agency
Box 1077
Sanger, Texas-76266
Mr, Wilmouth W, Wright
C/O Agent
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THE STATE OF TEXAS X
CONTRACT
'COUNTY OF DENTON I
s
I This Agreement, made and entered into this the 10th day of
1
1.August, 1976, by and between the Denton Jaycees, Inc., hereinafter
I1
IGreferred to as First Party, and the City of Denton, Texas, a Muni-
cipal Corporation, hereinafter referred to as Second Party.
WITNESSETH:
11 Whereas, First Party by contract with Tai-Lyn Amusements,
(hereinafter referred to as Designee is desirous of obtaining the
!right to install and operate certain amusement clovices in Evers
(Park in the City of Denton, Texas, and Second Party is willing to
E
grant such privilege and right to First Party, upon the terms and
conditions hereinafter stated to be kept and performed:
Now, Therefore, in consideration of the mutual covenants
and agreements hereinafter stated to be kept and performed by and
;between the parties hereto, it is hereby agreed by and between the
!parties as follows;
(1) Second Party hereby grants unto First Party and its
Designee the right and privilege of installing and operating at
Evers Park in Denton, Texas, within a certain area thorein to be
designated by the City Manager, commencing on the 10th day of
August, 19761 and terminating on the 15th day of August, 1976 one
merry-go-round, six kiddy rides, one octupus, one paratrooper,
one ferric wheel, game booths and such other additional amusement
devices as may from time to time be agreed upon by and between the
parties hereto.
(2) Second Party also grants to First Party and its
banignee the right and privilege to sell ;popcorn, snow cones, and
soft drinks within said area designated by the City Manager, but
it is understood and agreed that First Party shall not operate
such a concession at any other place in the park.
(3) First Party and its Designee agree to operate said
amusement devices in said park in a safe and competent manner,
r 1 r
f
i
tIshall pzovide competent and courteous attendants and employees,
iishall keep and maintain said devices in good mechanical and safe
II
~i Iconditi.on at all times, and shall not remove said devices from
Isaid park during the term hereof without the written consent of
it Second Party.
i (4) First Party and its Designee shall not install or
operate said amusement devices or concessions in any other muni-
cipal park without the written consent of Second Party.
(5) No charge as compensation foil' any single ride upon
Ijany of the amusement devices d=_scribed herein shall be made uy
I
iFirst Party and its designee in excess of fifty (500 cents, said
!charges to include all taxes on the sale of tickets therefor.
(6) First Party and its Designee agree to pay the cost of
the electrical wiring and electrical service to the amusement.
All expenses for the operation and maintenance of said anusement
devices, including utilities, shall be paid by First Party and
its Designee.
(7) First Party and its Designee shall not permit the
accumulation of papers, trash or other rubbish in the designated
area, and shall, at their own expense, keep said area free from
such accumulation.
I (8) First Party and its Designee shall not use said area
for any purposes other than those specified herein.
(9) Parking facilities shall be provided and maintained
by Second Party.
(10) it shall be the responsibility of First Party and
its Designee to replace whatever sod is removed or disturbed upon
vacation of the premises.
(il) First Party and its Designee promise and agree to
carry on their operations and business in accordance with the
laws of the United states and the State of Texas and all rules,
rejulations and ordinances now in force and effect or hereafter
promulgated or enacted by the Council of the City of Denton, Texas.
-2-
(12) First Party and its Designee agree to save and keep
" Second Party safe and harmless of and frost; all demands, claims,
actions or causes of actions, losses, damages and attorney's fees
i
arising from or growing out of any accident, injury, debt or
j damage occasioned or caused by the installation, operation, main-
tenance, or dismantling of said amusement devices or concessions.
(13) First Party and/or its Designee shall, upon the exe-
cution of this contract, furnish, at their own expense, a public
liability insurance policy indemnifying and protecting both First
i
Party, the Designee and Second Party from all loss, injury or
damage which may be sustained by reason of the operation of the
said area, amusement devices and concessions to the extent of
one Hundred Thousand ($100,000.00) Dollars for each and every
single claim or accident. Said insurance coverage shall be
approved by the City Attorney of the Ci:f of Denton, Texas; a
copy of said policy shall be filed with the City Secretary, and
said policy shall be kept in full force and effect during the
i
term of this contract. The cancellation or other termination of
any such policy shall automatically terminate all rights and
privileges granted to First Party and its Designee who have fur-
nished the public liability insurance herein required.
(14) This contract shall be binding upon the parties here
i
to, their designee, heirs, devisees, executors, administrators,
trustees, successors, transferees and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals, and the Second Party has caused its seal to be
hereto affixed, and this contract signed by its Mayor and
attested by its City Secretary, the day and year first above
written.
k DENTON JAYCEES, INC.
BY I
J 1 , P SID NT
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. III 11
III
VIII CITY OF DENTON, TEXAS
1
BY:1-.,
ELINOR HUGHES, UR
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ATTEST:
BROOKS HOLT, CI Y S CRETARY
it CITY OF DENTON, TEXAS
ik
APPROVED AS TO LEGAL FORM:
AUL CCITY ATTORNEY
CITY ODENTON, TEXAS
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