HomeMy WebLinkAbout11-1976
197
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NO.
.76-50
} AN ORDINANCE CHANGING THE NAME CF HENRY STREET TO SHERMAN DRIVE=
PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTI`✓E DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
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SECTION I.
The City Council !.ereby finds and determines that the public
convenience would be best served if Henry Street was renamed. There-
fore, Henry Street shall be no'd and hereafter known as Sherman Drive
' and such name is hereby changed and so designated.
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SECTION II.
5 That if any section, subsection, paragraph, sentenco, clause,
a phrase or word in this ordinance, or application thereof to any per-
son or circumstances is held invalid by any court of competent juris-
diction, such holding shall not affect the validity of the remaining
a 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.
?A'; SECTION Ill..
That this ordinance shall beconl:~ 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 pass-
age.
PASSED AND APPROVED This the 4th da;, of November, A. D. 1976.
HUGH ESS , YOR
ELINOR t~J~
CITY OF DENTON, TEXAS
ATTEST t
~fp}„ CIMMY
My OF DENTON0 TEXAS
APPROVED AS TO LEGAL FORM1
PAUL . ~ • , CITY TTO 7T
CITY OF DENTON, TEXAS
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HOUSTON GENERAL INSURANCE COMPANY
Ft. Worth, Texas
NOTICE OF CANCELLATION
November 4 1s-Zb_
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City Secretary
City Hall
City of Denton
Denton, Texas
L J
Bond No. 46276
Principal 11rf nkl ear F.1 Potrf n Cn. s Inc.
On the29th day of December 19-a, HOUSTON GENERAL INSURANCE COMPANY, as
Surety, executed a(n) al PntriniAn 10 bond in the penalty of O TH(MAND P. W)1100
Dollars IS I.000.00 I, on behalf of Brinkley .l pc ri ('es. 1 Tnn.
of Fort Worth, Texas _as Principal, In favor of City of Denton
as Obligee. The bo,td, by its terms, provides that the Surety may terminate its liability by giving notice of Its elec-
tion to do so to the Obligee, In accordance with the terms of the bond we hereby elect to terminate our liability and shall,
as of the 29th day of j)er•Pmh r 19_.1.6_consider ourselves released from all liability by reason of
any default committed thereafter by the Principal,
Below is an Acknowledgement which we would appreciate your signing and returning.
HOUST ENERALINSURANCE COMPANY
gyt It
Bernadine M. Cloutier,
Attorney-in-Fact
Please detach and return to
HOUSTON GENERAL INSURANCE COMPANY
at the following address:
P. 0. Box 230 _ Principal Brinkley Electric Co., Inc.
Fort Worth. Texas 76101
Bond No. 46276
ACKNOWLEDGEMENT
Your Notice of Cancellation has been received. We have arranged to cancel the bond effective the
day of
Date: _ - 18
I
By: .
90-1404
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OATH OF OFFICE
I, GEORGE E. FORD do solemnly
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.
Subscribed and w before me the under
s ned on this the
day of , A.D. 19 To certify which
witness my an an sea of 67-face.
TY OF DENTON, TEXAS
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CHANGE OARCWNER
HITECT
ORDER CONTRACTOR I
FIEL
A!A DOCUMENT G701 OTHER ~
PROJECT: NEW CONCRETE TOPPING FLOOR SLAB CHANGE ORDER NUMBER: ONE (1) I
;name, address) Denton Community Center
Dept. of Parks and Recreation
TO (Contractor) Denton, Texas
~ ARCHITECTS PROJECT NO: HN 1609A
Master Concrete Floor Co., In C.
1745 Hinton Street CONTRACT FOR: New Concrete Floor Topping •
Dallas, Texas 75235 Slab
L J CONTRACT DATE: 5 October 1976
You are directed to make the following changes in this Contract:
Add 14 additional floor boxes (at existing locations) as directed by
the City of Denton Parks and Recreation Director, Mr. Dick Huck.
Amount of this Work: ADD $310.00
The original Contract Sum was . . . . . . . . . . . . . . S 139437.00
Net change by previous Change Orders . . . . . . . . . . . . . . $ -0-
The Contract Sum prior to this Change Order was . . . . . . $ 13,437.00
The Contract Sum will be (increased) XdtxXdNCEd4X{wledxDngMab by this Change Order . 310.00
The new Contract Sum including this Change Order will be . . . . . . . . . . . S 13,747.00
The Contract lime will be (NXXXstllitxdntxatst0 (unchanged) by ( -0- ) Days.
The Date of Completion as of the date of this Change Order therefore is
Hatfield - Halcoirlb, Inc. Master Concrete Floor Co. City of Denton
ARCHITECT CONTRACTOR OWNER
810 Carillon Twr. West 1745 Hinton 215 E, McKiD_D~y
Address Address Address
Dall T a _ Dallas, Texas Denton, ~Texas
loop, BY BY
DAT DATE ~n DATE
AIA DOCUMENT 0711 - CHANGE ORDER - APRIL 1970 EDITION - AIA® ' 0 1970 - 71 It ONE PAGE
AMERICAN INSTITUTE Of ARCHITECU,1735 NEW YORK AVE., NW, WASHINGTON, D,C. 'W%
I
MASTER CONCRETE FLOOR CO., INC.
1746 HINTON STREET
FHONE 12141 634.7170
DALLAS. TEXAS 75235 ~ i
November 1, 1976
City of Denton
John J. Marshall, C. P, O.
Purchasing Agent
Ref: Bid No. 8419 Park Bond Fund P. O. 30674
Change No. 1
Add 14 additional floor boxef as directed by the City of Denton Parks
Director, Mr. Dick Huck,
Amount for this work $310.00
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* TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETATIDATION
DENTOty STATE SCHOOL
Sox 368, Denton, Ter,is 76702 817 3873831
RIC' IAmD L. SMITH
SUPEFIINI ENDENT
Kenneth D. Gay(. M.D.
Commlul ncr
lbveaber- 17, 1976
Mr. Jirt1 white ,
City Manager
City of Denton
De,1Lon, 'Pexas 76201
Dear Jim:
,his letter is a fornal request for annexation of Denton State School into
the City of Denton.
,his request for annexation is based on the ii.-=easing need for better fire
aril police protection at DFfrtton State School.. Denton State School cannot pro-
vide a viable firefightirri force because of a lack of qualified personnel to
maintain such a force. Any sizeable conflagration would regaire assistance
an& the few instances in the past have shown the Denton Fire Department can
respond quicker then employees of Denton State School.
A small security force t.s planned to provide the security details of vehicle
registration, parking, ieentification, and routine security patrols. Ztaaever,
occasional visits by the City Police would be a show of force and provide
liaison between the Denton State School security force and the Denton Police
Department.
Annexation in this instance will expand the City of Denton by sonell-200 acres
and prevent; an island fray, farming within the boundaries of the city. it is
our opinion than annexation could impose no hardship on the City since the area
is joined on the north by the city and would not require special trips by the
Denton Police Department to patrol the area,
Further, i)entcn State School will, continue to provide its own garbage and trash
removal; insect control; aTxl maintenance of streets, roads, parks, and recre-
ational facilities. Denton State School is currently receiving electric, writer,
and sewage services from the laity. 'therefore, no caoital outlay would be
required by the City to provide services.
Your favorable consideration for annexaticr, will be greatly appreciated.
Sincerely,
Richard L. Stnith NU1l t.'.J 1!?,6
Supcrintendcnt
CITY C. ;
RiSscv MANAM 0'r l
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To the City Council: -L-
Citizens of Denton elect a City Council to conduct essential functions of the city
and report them publicly. The Council is there to "promote the general welfare" of
Denton's citizens. Special interests, political considerations, or unique situations
must all take second place to the general welfare of all its citizens.
I bring before the City Council a situation that has existed for years and
continues to exist between North Texas State University and the City of Denton.
Buildings on this campus are unsafe. They are neither fire-safe nor water-safe. The
City Council has both the responsibility and the authority to end this menace by
closing NPSU until its buildings are safe.
The State Fire Marshall has stated that & law requires any State educational
institution surrounded by a city to conform to at leant that city's minimal standards.
NTSU has shown no intention of conforming until a disaster forces their hand. The
State harshall will not act until a complaint is filed; then lie will condemn the
buildings until they are corrected.
President Z.C. Nolen insists on creating expensive new buildings in the middle
of city street intersections, but not one dime is used to make them safe.
While fire is a hazard in the buildings, water is undermining the foundations.
This has been going on for years. That water has been pumped onto city streets,
destroying the streets and vehicles alike.
To add insult to injury, while streets have been destroyed, NTSU has been
c^llect.Lag parking fees for the uc.e of pL-blic streets. I have been paying for
street maintenance, but I can't park there!
I demand of the City Council that:
1. The resolution permitting NTSU to control parking on c'ty streets
within the campus area be rescinded. If meters were installed @ S¢ for 2-hour
daytim(3 periods, there would be enough revenue to pay for street maintenance
in the area.
2. NTSU be billed for all past and present street d,unage due to pumping
of water tram campus buildings.
3. All present and future construction at NTSU be halted until it is
certain that all buildings are safe.
4. All buildings at NTSU be closed to student3 until these buildings
are both water-safe and fire-safe, with the stipulation that all faculty and
staff remain on duty. With that stipulation, we will see who starts looking
at the problem twice.
I ask the City Council to take action NOW on these demands, and that these
demands be made known to blr. Nolen at NTSU.
Why should Denton continue to bear the financial burden of NTSU? Why must
someone die before NTSU will accept financial responsibility for itself? The City
Council must act now.
e~e
C.O. Blasdell
Denton, Texas
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OUT-OF-PERIOD ADJUSTMENTS
NOVEMBER, 1976
ITEM #
1. IN EXCESS OF $5,000
SUPPLIER TIME PERIOD MCF AMOUNT
S & J Operating Co. 8/76-10/76 83118 $ 1120622.47
Samedan Oil Corp. 5/76-10/76 2,026,5E2 630223.78
Mobil Oil Corp. 8/76- 9/76 2170356 11,310.56
Texas Pacific Oil Co. 7/76-10/76 15,001 200578.93
Enserch Exploration Inc. 6/74-10/76 1,163,571 267,248.01
Warren Petroleum 9/76 20,150 50100.45
Texaco, Inc. 9/76 53,027 20,994.29
North American Royalties 10/76 60499 8,989.55
Petroleum Programs 10/76 6,549 7,760.56
* 3,5920495 $ 517,828.60
II.LESS THAN $5,000 5/16-10/76 * 2589299 $ 12,944.94
I1I.T0TAL I AND 11 * 3,850[794 530,713.54
IV.CORRECTIONS RELATING TO PRIOR PERIODS 391,233 $ 157,697.37
V.TOTALS, I,I1, AND IV 402420027 688,470.91
* Does not affect current month's volume.
There is no relationship between the volume and amount.
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* TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
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DENTON STATE SCHOOL.
Box 308,D,nton, Texas 70202 817 387.3831
nicIIAIII) I.. SMITH
® SUPLIRINIENDLNT
Kenwili D. 0,rvcr, M.D.
Cnnvnlssioncr
NovaTber 17, 1976
Mr. Jim White
City Manager
City of Denton
Denton, Texas 76201
Dear Jim.
This letter is a formal request for annexation of Denton State School into
the City of Denton.
This request for annexation is based on the increasing need for better fire
and police protection at Denton State School. Denton State School cannot pro-
vide a viable firefighting force because of a lack of giialified personnel to
maintain such a force. Any sizeable conflagration woula require assistance
and the few instances in the past have shown the Denton Fire Department can
respond quicker than employees of Denton State School.
A small security force is planned to provide the security details of vehicle
registration, parking, idetitification, and routine security patrols. Howeverr
oocarional visits by the City Police would be a show of force and provide
liaison between the Denton State School security force and the Denton Police
Department.
Annexation in this instance will expand the city of Denton by some 200 acres
and prevent an island fran forming within the boundaries of the city. It is
our opinion than annexation would impose no hardship on the City since the area
is joined on the north by the city and would not require special trips brry the
Denton Police Department to patrol the area.
Further, Denton State School will continue to provide its own garbage and trash
removal; insect oontrolr and maintenance of streets, roads, parks, and recre-
ational facilities. Denton State School is currently receiving electric, water,
and sewage services from the City. 'therefore, no capital outlay would be
• required by the City to provide services.
Your favorable consideration for annexation will be greatly appreciated.
Sincerely, M ~i.:,~~t•t,
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Prichard L. Smith NOV I9 1976
Superintendent
wsrc,► CITY OF OVtTOD!
MANAM s OFFfrF,'
An Equal Opportunity/Allirmative Action Employer
46
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K- 7o CA 4 K 70
DEED RECORDS
THE STATE OF TE"& KNOW ALL MEN BY THESE PRESENTS: ,
COUNTY OF DENTON
THAT OSBORNE GROCERY COMPANY 22669
Of Denton Cow)ty, Texas , in consideration of the sum of
One Dollar ($1.00) and other
good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by it . Situated in Denton County, Texas, in the
A. Hill Survey, Abstract No.623
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
A. Hill Survey, Abstract No. 623, and being part of a tract of land as
conveyed from Robert A. Nichols to Osborne Grocery Company by deed dated
September 14, 1976 and recorded in Volume 804, Page 8 of the Deed Records
of Denton County, Texas, and more particularly described as follows:
BEGINNING at the northwest corner of said Osborne Tract, same being a
point in the east boundary line of Fort Worth Drive (U.S. Hwy. 377) ;
THENCE north 890 21' east along the north boundary line of said Osborne
Tract a distance of 60 feet to a point for a corner;
THENCE south a distance of 16 feet to a point for a corner;
THENCE south 890 21' west a distance of 64.18 feet to a point for a
corner;
THENCE north 140 01' east along the west boundary line of said Osborne
Tract same being the east right of way line of Fort Worth Drive (U.S. Hwy
377) a distance of 16.54 feet to the place of beginning and containing
993.44 square feet of land, more or less.
And it is further agreed that the acid City of Denton, Texas
in consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities in. along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress In, along upon am across
said premises for the purpose of making additious to, improvements on and repairs to the said
public utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our hand , this the 12th day of November , A. D. 15 76.
OSBORNE GROCERY COMPANY
BY t
President'
von 8~ 2 w 399
SINGLE ACKNOWLEDGMENT... VOL 81 PACE ~UU
THE STATE OF TF. S, t
COUNTY OF DENTON BEF b1 E, the undersigned authority,
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In and for said County, Texas, on this day sonally appeared
of Osborne Grocery any
and_ of-€icer----- -
known to me to be the r,rson . whose name ----i.s subscr to the foregoing instrument, and acknowledged to me
that _ be . executed the same for the pur ea and consideration ein expressed.
NOVt?mb6Y
GIVEN UNDER 111Y HAND SEAL OF OFFICE, This.... a A.D. 1976-
(L.S.) -
Notary Public, _..........-De.n t , Texas
My Commission Expires June 1, 1971
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF - -
In and for said County, Texas, on this day personally appeared
.
-
known to me to be the person _--whose name subscribed to the foregoing instrument, and acknowledged to me
that.---- he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This A.D. 19
Notary Public, County, Texas
My Commission Expires June t, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE DIE, the undersigned authority,
COUNTY OF._ _.__DENTON
In and for sold County, Texas, on this day personally appeared ___H-,_-. S,_ Osborne
- known to me to be the person and officer
whose name Is, qubscribed to the foregoing ;nstrnment and acknowledged to me that the same was the act of the said
...........Osborne -Grocery _Company._.. -
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated. ~7
1 A.D. 19
GIVEN UNDER MY HAND AND SEAL 011 OFFICE, This Z4+_ day of 1719-i2
Notary :Public, unty, Texas
My Commisson Ex res ne 1, CLERK'S CERTIFICATE
THE STATE OF TEXAS, 'mmmr or DWOIf
CDUN CtiRk vmHS Ca1iriN.'Ter ""as" "'j , County
COUNTY OF.. _ ..................._............................11
11 1 II
herebf certify that Nis Instrument ens filed oa lM
Clerk of the day oty Court of said County1do h~tengMnlfYni~16 js T illd C~a 9 Authentication, dated on the
q iwd Na (n t: u lee end 1 was filed for
record In my o.Tice on the- .......,.day of „ , a oclock M., and duly
recorded thls....,.___....... day of............_........_r .ko.V..-I TA. 970) , at o'clock M., in the
~a rda of said Coannt-y, in Volume..................., on pages,......................
WITNESS MY HAND AND SEAL OF THE t
P a d year las a e wrt en. a ia.........
coulm CLERtt, Denton on*.-taw , i
County Clerk .County, Texas.
(L 8) By Deputy.
ilojU i r E ''g
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THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
(AUNTY OF DENTON X
That WHEREAS, Fort Worth Savings & Loan Association is the
developer of certain property shown and described on the attached
plat, which plat is incorporated herein as if set forth in full,
in the County of Denton, Texas, and briefly described as follows,
to-wit: FORRESTRIDGE ADDITION to the City of Denton, Texas; and
WHEREAS, in order to serve the aforesaid property with water
and sanitary sewer the said developer is required to pay the cost
of extending water mains and sanitary sewer mains totaling
$119,441.44, and desires to extend such water and sewer mains t,
his property under the provisions of Section 25-74 through Section
25-79 of the Code of Ordinances of the City of Denton, Texas, as
passed and approved the 8th day of June, A. D. 19716 and
WHEREAS, the said developer or his P.ssign desires to receive
reimbursement for such costs under the provisions of said Section
25-74 through 25-79 of the Code of Ordinances of the City of Denton,
Texas, and pursuant to the terms and conditions of this contracts
now, therefore,
THIS AGFEEMENT, made this the 19th day of November, A. D.
1976, by and between Fort Worth Savings & Loan Association of the
County of Tarrant, State of Texas, hereinafter called "Developer",
and the City of Denton, Texas, a Municipal Corporation of the
County of Denton, State of Texas, hereinafter called "City",
WITNESSETHt
I.
That for and in consideration of the construction of a water
main extension and a sanitary sewer main extension for the benefit
of Developer, and in further consideration of the transfer to the
City of all of Developer`q right, title and interest in and to the
aforesaiA water and sewer mains extensions and all appurtenances
thereto, and all easements and right of way agreements secured by
or for Developer for the purpose of locating said water and sewer
maim, extensions, City shall accept said water and sewer mains
upon final approval thereof, aft3r inspection, and agrees to pro-
vide water and sanitary sewer to Developer's above described pre-
mises for such monthly service charges as are, or may be, estab-
lished by City.
II.
That the City further agrees to reimburse Developer not to
exceed the pro-rata cost of the construction of such water and
sever mains extensions paid to the City under the provisions of
Sections 25-75 and 25-76 of the Code of Ordinances of the City of
Denton, Texas, as amended on the 8th day of June, 1971, with the
following limitations:
(a) After the expiration of ten (10) years from the date the
water main extensions and the sewer main extensions are finally in-
spected and accepted by the City, no further reimbursement shall
be made to the Developer.
(b) Said reimbursement shall not apply to service lines or
main extensiono constructed at the expense of the City of Denton,
from any main constructed under the terms of this agreement.
(n) Reimbursement paymento shall be made to the Developer or
his .ssigns if designated in writing, and to no other person.
(d) All fees and tapping charges incurred under the provisions
of Section 25-76 shall be paid directly to City, and reimbursement
shall be payable to Developer within thirty (30) days of receipt by
city.
III.
It is further agreed and understood that the total cost of
the facilities described above and made tho subject of this contract
will be $119,441.44 of which $31,829.68 is for the water main exten-
sions and $87,611.76 is for the sanitary sewer main extensions.
-2-
Reimb•srsement will not in any event exceed the total cost of the
project, i.e. $119,441.44. Such reimbursement will he based ca
the current pro-rata cost per foot for the size of the extended
line as approved by the City Public Utilities Board and City Council
up to Developer's total cost of $119,441.44.
IV.
That for and in consideration of the agreements to be performed
by, the City, as aforesaid, Developer hereby transfers to the City
all of its right, title and interest in and to the water and sewer!
mains extensions described above, and any and all easements and
right of way agreements secured by it for thu purpose of locating
said water and sewer mains extensions, and Developer further agrees
to execute any and all instruments of conveyance deemed necessary
by the City to convey said interests to City.
WITNESS the hands of the parties hereto on the day and year
first above written.
FORT WOR SAVINGS & IRAN ASSOCIATION
BY:
ATTESTt
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CITY OF DENTON, TEXAS
BYs %MAYOR
Ycy
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ATTESTt
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CITY OF DENTON, TEXAS
-APPROVED AS TO LEGAL FORM t
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AT A FEGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23RD
DAY OF NOVEMBER, A. D. 1976.
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R L S GLUT I ON
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WHEREAS, the City of Denton has requested from the Texas 6
Pacific Railway company permission to attach traffic signs to
railway bridge No. 209.7; and
WHEREAS, the railway company has consented to allow the City
to attach such signs and wishes to enter into a wl.itten contract
to permit such attachments
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
That the City Council of the City of Denton, Texas hereby auth-
orizes and empowers Elinor Hughes, Mayor of the City of Denton,
Texas, to enter into and execute for and in the name of the City one
certain written agreement dated September 1, 1976, between said city
of Denton and the Texas and Pacific Railway Company, respecting the
grant by said Railroad and acceptance by the City of permission to
attach traffic signs to railway company bridge No. 209.7 on said
Railroad's premises in said City, true ce)py of said agreement being
attached hereto as part hereof; and
That funds be appropriated and available for the payment of
all costs agreed to be paid by City under the terms of said agree-
ment.
PASSED AND APPROVED this the 23rfA day of November, A. D., 1976.
ELI NOR HUGHES, MK9R
CITY OF DENTON, TEXAS
ATTE
0 , I SECRETARY
LAITY OP DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
AM,~ATTORNEY
OITY OF DRdTOH, TEXAS
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NO. Its - 5 3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 75-13 WHICH CREATED THE "COMMUNITY ETHNIC RELATIONS BOARD";
PROVIDING FOR STAGGERED TERMS OF BOARD MEMBERS; PROVIDING
FUNCTIONS FOR SAID BOARD; P RGVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton previously created a Community
Ethnic Relations Board in order for the City to research, plan
and promote racial understanding which would be to the benefit
of the entire community; and
WHEREAS, the City desires for the Board to function per-
manently; now, therefore
THE COUNCIL OF THE CITY OF DENTON, i'EXAS, HEREBY ORDAINSe
PART I.
That Chapter 2 "Administration" of the Code of Ordinances
of the City of Denton, Texas, is hereby amended to create a new
Article III "Community Ethnic Relations Board" and it shall read
as follows
ARTICLE III
1
COMMUNITY ETHNIC RELATIONS BOARD
SECTION 2-26. Creation of the Board
(a) There is hereby created a Community Ethnic Relations
Board to be composed of nine (9) members, appointed by the City
Council for three year terms, provided that the Board shall be
composed of an equal number of the following racial or ethnic
groupsi Whites, Blacks and Mexican-Americans. The Board members
shall have staggered terms with three members being appointed
each years Members of the Board may be removed by the City Council
for cause, Vacancies shall be filled in the same manner as pro-
vided for regular appointments. 4
(b) The City Manager or his designee shall be an ex offioio
member of the Board. He shall attend all meetings of the Board
and shall have the right to discuss any matter that is under con-
sideration by the Board but shall have no vote.
(c) Members of the Board shall be citizens of the City of
Denton.
(d) At the first meeting each year after new members have
been sworn in, the Board shall select from its own membership a
chairman, vice-chairman and secretary. Any five (5) of the re-
gularly appointed members shall constitute a quorum. The Board
shall determine its own rules and order of business. The Board
shall meet at least once each month; all meetings shall be open
to the public and a permanent record of proceedings maintained.
SECTION 2-27. Powers & Duties of the Community Ethnic
Relations Board
(a) It shall be the duty of the Board to act in an alvisory
capacity to the City Council, with authority to hold public hear-
ings and to study and recommend policies relating to the promotion,
planning, research, and other such matters involving racial rela-
tions, and understanding for the City of Denton.
(b) To receive and consi9er information of racial matters
which would lead the City towards improved racial relations and
,racial understanding.
(o) To recomunend to the City Council actions for implemen-
tation that would improve racial relations and racial understand-
ing, The Board shall not have responsibility or authority over
public officials or employees of the City.
PART II.
That if aml section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is hold invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City COUwicil of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity,
-2 -
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PART III.
That this ordinance shall become effective immediately upon
its passage.
PASSED and APPROVED this the 23rd day of November, A. D.
1976.
Ctv~ r Ley
ELINOR HUGHES, MAXOR
CITY OF DENTON$ TEXAS
ATTEST:
01
OOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
PAUL C. ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
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0050 STEMMONS FREEWAY • P, 0. BOX 5908, DALLAS, TEXAS 75772 • PHONE 2181801•2020 • JOE KIRBY, PRESIDENT
November 29, 1976
CERTIFIED MAIL: 717111
City Clerk
City Hall
City of Denton
Denton, Texas
RE: BOND N0. 1476205(LP164388)
Horace Forte, Jr.
Master Plumber, Denton
Centlemen:
We wish 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 and voided as of the 2nd.
day of anuarv 19 77.
WEST~E,R SURETY COMPANY
vice president
CC:
Quinby Self insurance
'lox 98
Denton, Texas 76201
Mr. Horace Forte, Jr.
C/0 Agent
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A DEED RECORDS
THE STATE OF TEXAS s KNOW A!•L MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT BILL UTTER AND WIFE, VIRGINIA UTTER 22670
of Denton County, Texas , in consideration of 0e sum of
One Dollar ($1.00) and other good and valuable consideration
in hand paid bythe City of Denton, Texas receipt of which Is hereby acknowledged, do by
these presents graft, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by them . Situated in Denton County, Texas, in the
Robert Beaumont Survey, Abstract No. 31
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
Robert Beaumont Survey, Abstract No. 31 and being part of a tract of
land as conveyed from J. H. Briscoe to Bill Utter and wife Virginia Utter
by deed dated April 14, 1976 and recorded in Volume 782, Page 533 of the
Deed Records of Denton County, Texas, and more particularly described as
follows:
BEGINNING at a point in the west boundary line of said Utter Tract, same
being the west boundary line of the Robert Beaumont Survey, Abstract No.
31, also being the centerline of Bonnie Brae Street, said point being
130 feet north 00 24' east of the most westerly southwest corner of said
Utter Tract;
THENCE south 880 22' 40" east a distance of 16P feet to a point for a
corner)
THENCE south 00 24' west a distance of 16 feet to a point for a corner;
THENCE north 880 22' 40" west a distance of 169 feet, more or less, to a
point in the west boundary line of said Utter tract for a corners
THENCE north 00 24' east a distance of 16 feet to the place of beginning
and containing 2,704 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 oth u obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having Ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, Improvements on and repairs to the said
public utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our I%nd , this the lAti,, day of November , A, D. 19 76 ,
_
.r.... _ F~3 A T
VOL 812 rAf a 401
voc 812 rAcE 402
SINGLE ACKNOWLEDG\fENT
THE STATE OF TEXAS,
COUNTY OF . DENTON BEFORE ME. the undersigned authority,
-
In and for said County, Texas, on this day personally appeared BILL UTTER AND WIFE - , VIRGINIA
~..r.._~-,..~
UTTER
v...~. - - - :
known to me to be the person S_whose name s---- art-,subarrfbed to tht foregoing instrument, and acknowledged to ma !
that 1he Y executed the same for the purposes and consideration therein expressed.
Novei
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This t... day of--- IRb_Y _ A.D.197~. /
Notary Public, Nn
Courilry; Tezae
ply Cnmmissfon Expires June 1, 197.7.
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF.._.___...----------°-----.._.
In and for said County, Texas, on this day personally appeared _
known to me to be the person .__.-whose name.. subscribed to the foregoing instrument, and acknowledged to me
that-- he.--. executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19
Notary Pu' ale, County, Texas
My rommhsion Expires June 1, 19
CORPORATION ACKNOIVLEDG31ENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF. _ -
In and for maid County, Texas, on this day personally appeared
_ known b me to be the person and officer
whose name Is subscribed to the foregoing Instrument and acknowledged to we that the same was the art of the said
. ion............ .hat. he. ut . the . same. a c _..ration-'s_.e.
a corporat, and t ex ec ed all theact of su chorporati on forthe p u rposes a n d cons idein
expressed, and In the capacity thereln stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of . , A.D. 19
(LS.) -
Notary Public, County, Texas
My Commisslon Expires June 1, 19--
CLERK'S C§~ I) MM Of Wn
THE STATE OF TEXAS, ctffuc qui c01Y1a' Te1x"
Court o..................... . t f coulm , ti ~p wugeMi~ 44 FnioebY'•P~tin....., County ca M COUNTY OF........ Twi~D4otAh that ~ x►s . fi!1
. .
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ds tLM drgad ~ r
CI^r)c of the County Ccvrt o.. said County, do hereby, ~ r da g dofeted d in the
.......................nay of...... D. ►.a0/f ~,CMIl~'iT ~ilflleifte of Authentleatlon, w)as Ilwd for
record In my oroce on the .........,day of A. IN-M,17, 94076_.., o'clock_., and duly
recorded this day of........................ OV A. 1). 19..,._.,/a~t..,..,,.. _ ~o'clock M., In file
Relord uages
t1'ITNES9 MY HAND AND SEAL OF THE COUNTY C i Covn ce n
Cis day and r tq!Wqk. tlsntae Coonb. TsaM
County Clerk Cot,t,ty, Texas,
{L 9.) By , Deputy.
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November 23, 1976
City Clerk
City of Denton
Denton, Texas 76201
4
Re: Bond No. LSC-252280
AMT ELECTRIC COMPANY
Electrician Bond
Gentlemen:
This is your notice that we wish to be relieved of liability
on the above referred to bond to be effective thirty (30) days
from date.
Please acknowledge receipt of this NOTICE OF CANCELLATION.
Yours truly,
I.%wYERS SURLY CORroRATIou
R. E. Brown
Assiscant underwriter
Bond Department
Co: Jahn Click Agency
1910 West Irving Blvd.
Irving, Texas 75061
Amt Electric Company
1814 S. W. 3rd
Grand Prairie, Texas 75050
1820 REGAL ROW, DALLAS, TEXAS 75235 214-63$.1400
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AN ORDINANCE ADDING TO THE CODE OF ORDINANCES OF THE CITY OF DENTON#
TEXAS, A NEW CHAPTER 16 ENTITLED "MECHANICAL CODE" REGULATING THE
INSTALLATION, ALTERATION, REPAIRS AND MAINTENANCE OF HEATING, VENTI-
LATING, COOLING, AND REFRIGERATION SYSTEMS, INCINERATORS mm MIS-
CELLANEOUS HEAT PRODUCING APPLIANCES IN ALL BUILDINGS AND STRUCTURES
WITHIN THE CITY; DEFINING ADMINISTRATIVE RESPONSIBILITY; PROVIDING
FOR PERMITS AND FEES; PROVIDING ALTEFNATIVE REQUIREMENTS; ESTABLISH-
ING A MECHANICAL CODE, AND ADOPTING CERTAIN INSTALLATION REQUIREMENTS
AND APPENDICES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE IN CONFLICT HEPE-
WITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PRO-
VIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
PART 1.
That the Code of Ordinances of the City of Denton, Texas, is
hereby amended by adding a new Chapter 16 "Mechanical Code", and
it shall hereafter read as follows:
"ARTICLE I. IN GENERAL
SECTION 16-1. COMPLIANCE WITH UNIFORM MECHANICAL CODE,
1973 EDITION, REQUIRED.
The Uniform Mechanical Code, 1973 Edition, copies of which are
on file in the office of the City Secretary, is hereby adopted and
designated as the Mechanical Code of the City of Denton, the same as
A
though said volume of such code were copied at length herein, subject
to the deletions and amendments enumerated hereafter.
SECTION 16-2. AMENDMENTS TO THE UNIFORM MECHANICAL CODE
1973 EDITION
The Uniform Mechanical Code, 1973 Edition, is hereby amended as
follows:
(1) SECTION 202 - Amend Paragraph (2)t Change amount of fine
from $500.00 to $200.00 and delete...."or by imprisonment for no
more than six months, or by both such fine and imprisonment."
(2) SECTION 203 - Delete as written and amend to read The
Plumbing and Mechanical Code Board as created by ordinance No. 75-51
is hereby adopted as the Board of Appeals for the Mechanical Code.
(3) SECTION 306 - Add to Paragraph (1): The inspection shall
be made within twenty-four (24) hours after such notification,
Saturday, Sunday, and holidays excepted.
(4) SECTION 503 - Add to Paragraph (2): The valve shall be
an iron or brass core cock.
(5) SECTION 505 - Delete sentence (1) and (2) and add: Every
attic or farred space in which a warm air furnace is installed shall
be readily accessible by an opening and passtgeway as large as the
largest piece of the furnace and in no case less than 30" X 23" con-
tinuous from the opening to the furnace and its controls.
(6) SECTION 705 - Add Paragraph (4): 'fop plates on partitions
s':all not be out unless a 16 gauge X 3" steel header strap having
,Two nail holes in each end is used to tie the cut plates together.
(7) SECTION 710(e) - Delete as written and amend to read:
Every appliance on a roof of a building shall be installed on a sub-
stantial level support. No appliance shall be installed on a roof
that has a slope greater than 5" vertically to 12" horizontally un-
less an appropriate working platform is installed in compliance
with State Safety Codes.
(6) SECTION 1004(a) - Add to Paragraph (1): Piping, wire,
conduit, vent pipes or structural members shall not be within the
air stream of a supply air duct. Where vent pipes serving the
plumbing system, vents serving heat producing appliances, natural
gas piping or other piping conveying hazardous materials or object-
ionable fumes would occur in the return air system they shall be
enclosed in a suitable sleeve at least one inch larger than the pipe
enclosed in the sleeve.
(9) SECTION 1004(b) - Add to Faragraph (2): Joints between
non-metallic duct sections other than manufacturer for use without
a reinforcing sleeve, shall be reinforced with galvanized metal
sleeves, extending at least 4" into the ducts.
-2-
(10) SECTION 1005 - Add to Paragraph (1): Insulation facing
shall be legibly marked by, manufacturer in repeat patterns not over
three feet apart or by retained roll labels indicating his product
identification, density, thickness, and type vapor barrier.
(11) TABLE 10E PIRT II - Amended: Delete No. 18 gauge steel
wire and add No. 14 gauge steel wire.
(12) SECTION 1511 - Add to last paragraph: or use special
fittings manufactured for the purpose.
(13) SECTION 1513 - Delete sentence (1) and amend to read: A
stop valve shall be installed at the following locations in refrigerant
piping of every built-up refrigeration system of 5 h.p. or larger with
accessible type compressors, excluding factory pre-packaged equipment.
PART II.
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any per-
son or circumstances is held invalid by any court of competent juris-
diction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of
Denton, Texas, hereby declares it would have enacted such remaining
portions despite any such invalidity.
PART III.
Any person who violates any provision of this ordinance shall
be deemed guilty of 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
4
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
-3-
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. ' i
PASSED AND APPROVED This the 23rd day of November, A. D.,
1976.
ELINOR HUGHES, OR
CITY OF DENTON, TEXAS
ATTEST: /
KS HOLT, CITY SEC TARY
ITY OF DEN TON, TEXAS
APPROVED AS TO LEGAL FORM:
J:;-Pee
L H , ITY ATTORNEY
CITY OF DENTON, TEXAS
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No. 74.50
AN ORDINANCE ;.MENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP
APPLIES TO CITY LOT NO. 29.31 CITY BLOCK NO. 437, AS SHOWN THIS
DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND
MORE PARTICULARLY DESCRIBED THEREIN, AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted the
a 14th day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of ordinance No. 69-1,
x be, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed
from the "SF-7" Single Family District as shown on said
Zoning Map, and all provisions of Ordinance No. 69-10
adopted the 14th day of January, 1969, as amended, shall
hereafter apply to said property as "MF-R" Multi-Family
Restricted District in the same manner as other property
located in the "MF-R" Multi-Family Restricted District,
All that certain lot, tract or parcel of land lying and
being situated in the City and County of Denton, State
of Texas, and being City Lot No. 29.3, City Block No.
437, and being further described as 1515-1521 Anna Street,
Benton, Texas.
SECTION II.
That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other things
for the character of the district and for its peculiar suitability
or particular uses, and with a view to conserving the value of the
buildings, protecting human lives, and encouraging the most appro-
priate uses of land for the maximum benefit to the City of Denton,
Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect immedi-
ately after its passage and approval, the required public hearings
having heretofore been held by the Planning and Zoning Commission
and the City Council of the City of Denton, Texas, after giving due
notice thereof.
PASSED and APPROVED This the 23rd day of November, A. D., 1976.
y
ELI OR HUGH MM()R
CITY OF DENTON, TEXAS
ATTE T:
IS'NOOKS LT, CITY SECRETARY
APPROVED AS TO LEGAL, FORMt
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IS , CITY ATTORNEY
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LONE STAR GAS COMPAY:
BILLING ADJUSTMENT MADE 11; OCTOBER, 1976
IN ACCORDANCE WITH THE AUGUST 19, 1976 ORDER
OF TeE TEXAS RAILROAD COMMISSION IN DOCKET NO. CUD-655
DENTON , TEXAS
LINE MCF AMOUNT PERCENT
1 Sales in Mcf for October, 1976 96,599.0 i - -
2 Credit Factor Applied per Mcf in
October, 1976 - _ .0984 -
3 Actual Amount Credited in October,
1976 (Line 1 x Line 2) - 9,505.34 -
4 Amount Previously Calculated to
be Credited - 8,886.19 -
5 Percentage Fredited, (Line 4 t
Line 3) x 100 - - 106.9
6 Over (or Under) Credit, Line 4 -
Line 3 - 619.15 -
7 Estimated December, 1976,
Sales, Mcf 249,076.0 - -
8 Charge (or Credit) Adjustment t%
December Sales Per Mcf
(Line 6 t Line 7) - .0025 -
The percentage credited (Line 5) is not within the five percent variation limit
established by the Texas Railroad Commission. To compensate for the variatio-►
between the actual amount credited (Line 3) and the amount calculated to be
credited (line 4), and thus comply with the procedure established by the
Commission, an additional adjustment (Line 8) will be applied to accounts
during the December billing month.
I hereby certify that the above is true and correct to the beat of my knowledge
and belief.
For: Lone Star Gas, Company
Date: NOV 2 4 1976 By.,
Title: Rate Of icelsaistant Controller
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LONE STAR GAS COMPANY
REVISED STATEMENT OF GAS PURCHASED DURING THE MONTH'OF SEPTEMBER, 1976
AND DETERMINATION U? THE AUTHORIZED CITY CATE RATE*
ADJUSTED FOR CHANG'd IN COST OF GAS PURCHASED IN
ACCORDANCE WITH URDER OF THE RAILROAD COMMISSION OF TEXAS
UNDER DOCKET NO.'GUDL588
Line Average
No. MCF Price 'Amount
1 Purchased From Non-Affiliated Suppliers 34 682 629' $ 1.1467 $ 39 771 692
I,1 2 Purchases From All Sources 38 713 269 1.1489 44 476 750
3 Leaser of Lines I and 2 $ 1.1467
4 Average Purchase Price GUD-588 .7229
5 Difference Between Actual and Base Prices .4238
6 Gas Cost Adjustment (85% of Line 5) .3602
7 Base City Gate Rate Authorized Under GUD-588 1.0399
8 City Gate Rate to Become Effective November 8, 1976 $ 1.4001
*Intracompany charge for gas delivered to Distribution Division for sale to
residential and commercial customers and for distribution unaccounted-for gas.
Note It Purchases of 485,983 Mcf in the amount of $297,468.15 have been excluded
because this gfs is sold before entering Lone Star Gas Company facilities.
Note 2e This revision was necessary to delete the U Lo-Vacs surcharge pursuant
to Railroad Comissi~n of Texas Order No. CUD-662.
I hereby certify that the above is true and correct to the best of my knowledge
and belief.
Fors Lone Star 07as Company
Dstas November 9, 1976 Sys vlZ4 1 3
Titles eistent Controller
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54.
NOTICE OF CANCELLATION
OR TERMINATION
FIREMAN'S FUND
City of Denton, Texas DATE: November 18, 197,,N
Denton, Texas
National Surety corporation Surety upon a certain Heating S. Air Condit ontag -
Bond No._5! 396+2 dated on or oout June 9, _ _.1913
in your favor, in the amount of One Thousand and no/100--------------__Dollars
covering Beatty Engineering Company
hereby notifies yuu that it has elected to cancel/terminate said bond In Its entirety
such
cancellation/termination to become effective Thirty (30) Days from date of Receipt e
This notice is given. to you In accordance with the cancellation/termination provision in said bond contained.
.cc ,Corrigan Jordan Insurance Agency
Adolphus Tower Bldg.
SUM* 404 National Surety Corporation .
Dallas, Texas 75202 SURETY
BY 115~41&4411)
Est Ile Stewart' ATTORNEY IN FACT
REPLY TO: FIREMAN'S FUND AMERICAN INSURANCE COMPANIES
P, O: Box 2519
ADDRESS
Oellas, Texas 75221
CITY STATE ZIP
364034--6.71
OBLIGEE
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TAX ROLL OF REAL ESTATP ND PERSONAL PROPERTY IN
RENDERED FOR TAXATION
City Ys:. Rate: $1,78 pe
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Accounts Tax
10432 $ 499,234.35 $
10,736 171,412.50
_
13.740 _ _1_,759 7761.45
253908 $ 29430,423.10 $ 1
• We, Raymond Pitts, George Bertine and Robert Speaks
Board of Equalization for the year 1976, having exa
tax roll, find the same correct.
In testimony hereof, witness our hands this the
._._1V4V 6M 6 E r2 , 1976.
r+ (Chairman)
Raymond
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Robert S
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E CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS
OR THE YEAR 1976
$100. Valuation f
~aluation
18,046,874.00 Business Personal Property •
9,629,905.00 Personal Property after Veteran's Exemption .
of $10,393.00 value.
8 6 6 0 Real Estate Property after Homestead and Veteran's
Exemption of $4,019,465.00 value. •
6,540,625.00
• II
members of the
fined the within
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fine
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STATE OF TEXAS
• COUNTY OF DENTON
CITY OF DENTON X
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Personally appeared before me the undersigned autho
Hugh Mixon, Assessor and Collector of taxes of the
of Denton, Denton County, in the State of Texas, an
he has made a diligent effort to ascertain all of t
property, both real and personals in the City of De
year of 1976, and as far as he has been able to asc
same is correctly set forth on said above and foreg
r
• '
Hu Mixon, A sessor
0 Subscribed and sworn before me this the f/~
0
Notary Publi in and
County, Denton, Texa
i
Y APPROVED BY ORDER OF THE CITY COUNCIL:
Mayor
ATTEST:
I
J
i Fr ka Holt, City Secretary
City of Denton, Texas
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BUM- sum~ 46, "Um
'DEED RECORD
VOL W PAGE R8
THE STATE OF TEXAS s KNOW ALL MEN SY THESE PRES~N7'S:
COUNTY OF DENTON
THAT ERNEST F. SIMPSON 22516
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, Texaseceipt of which is hereby acknowled,;ed, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas: the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
descri`,ed property,
owned by him . Situated in Denton County, T(xas, !n the
E. eachalslJ Survey, Abstract No. 996
All that certain lo':, tract or parcel of land lying and being situated in
the City and County of Denton, State of Texas, and being part of the E.
Puchalski Survey, abstract No. 996, and also being parts of two tracts of
land designated hereafter as Tract 1 and Tract 2; Tract 1 being a tract
called Tract II as conveyed `from Dallas International Bank to Ernest F.
Simpson by deed dated April 30, 1976 and recorded in Volume 784, Page 709
of the Deed Records of Denton County, Texas; Tract 2 being a tract of land
as conveyed from Dallas International Bank to Ernest F. Simpson by deed
dated April 30, 1976 and recorded in Volume 784, Page 713 of the Deed Re-
cords of Denton County, Texas, and more particularly described as follows:
COMMENCING at the northwest corner of said Tract 1;
THENCE south 890 59' 10" east along said Tract 1 north boundary line a dis-
tance of 310.52 feet to the place of beginning;
THENCE south 890 59' 10" east along the north boundary line of said Tract 1
passing at 279.18 feet the northeast corner of said Tract 1 same being the
northwest corner of said Tract 2 a total distance of 605.18 feet to a point
for a corner, same being the northeast corner of said Tract 2;
'!'HENCE south 00 40' 50" east with the east boundary line of said Tract 2 a
distance of 10 feet to a point for a corner;
THENCE north 890 59' 10" west 10 feet south of and parallel with the north
boundary line of said Tract 2 a distance of 589.65 feet to a point for a
corner; '
THENCE south 20 02' west a distance of 139.95 feet to a point for a corner
in the south boundary line of said Tract 1 same being a point in the north
right of way line of Oak-Hickory Street)
THENCE north 890 59' 20" west along the south boundary line of said Tract 1
same being the north right of way line of Oak-Hickory Street a distance of
14 feet to a point for a corner;
THENCE north 20 02' east a distance of 149,95 feet to the place of be-
ginning and containing 9294,12 square feet of land, more or less.
buildings and other obstructions as may now be found upon said property,
For the purpose of constructing, installing, repairing rand perpetually
maintaining public utilities in, along, upon and
acr,%s said premises, with the tight and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, long upon and across
said premises for the purpse of making additions to, improvements on and repairs to the ea;d
public utilities, or
any part thereof,
TO HAVE AND TO VOLD unto the said City of Denton, Texas ss aforesaid for
the purposes aforesaid the premises above described.
Witness my hand , this the IS,tt% day of No r , A. D.:9 76 .
S
SINGLE ACKNOWLEDG51ENT VCL 812 PAGE 120
THE STATE OF TEXAS, t
f BEFORE ME, the undersigned authority,
COUNTY OF.... DENTQN-,._........
in and for said County, Texas, on this day personally appeared__-ERNEST F. SIMPSON
- - - - - -
known k me to be the persor ._.whose name ..._ls---.- subscribed to the foregoing instrument, and acknowledged to me
that 1, i . executed the same for the purposes and consideration therein expressed. I '
GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This _t day of._-_NOve er A.D. 19.76
C. i y
1-
Notary Public, DBA101_ County, Takes
My Commission Expires June 1, 19_7-7.
SINGLE ACKNOWLEDGIIIENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY
In and for said County, Texas, on this day personally appeared_.._-
- - - -
-
known to me to be the person .._._whosr name _ subscribed to the foregoing instrument, and acknowledged to me
that.... he executed the same for the purposes and consideration therein expressed,
GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This _-_-._-.daq A.D. 19...-.
(L.S.) t
Notary Public, County, Texas
My Commission Expires Jane 1, 10 -
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF. _
In and for said County, Texas, on this day personally appeared.
known to me to be the person and officer
whose name is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and In the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Tt.is...__..__...._.. day of , A.D. 19..._..
(L.S.) _
Notary Public, _ _ County, Texas
My Commission Expires June 1, 19-.--
CLERK'S CERTIFICATE
THE STATE OF TEXAS, I,......................... s........ , County
COUNTY OF..,,.,., f ~'1>RIF IF
Clertr of the County Court of said County, do hereby certify that the fte%ftolisent of eVdated on the
_ .....................day of............. A. D. 19........, aitN~t4yk~,,,`db'ofi~lPsY'~ir(klca~jo~f~~{f-d for
d f e r, Fed Aa, ` , ui"~' Qt war /i~
record in my office on the day of............................. A.~ fl.rr..'4 ~,~„pre I 41YNi dW,d}pd duly Ind recorded this day of A. D 19 C1!p'7lrY ns.D14
'dock r. i ff " B[., in the
. .
_ .......Records of said County, In Volup~jj......_.. D:;g ir11 41Ys, Qi........._....
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of s u llntr, at ok,".........
qqq 6
_ the day and year la se Rtaa,
As .
County Cie _ ............::..x..... ty, Texas.
(G S.) By....................... .............1?.n..0. All-*;dCop'Counly,., f...., Deputy.
tty A I -3
(If
16'0 1?y or 111, ~ a
a VI 2
I c ~ ~ VkJ L' a"Jf NO N3~
m gi I i Win " $03 13
p~ w
' L J~.
incr.
DEED RECORDS VOL 812 PAGE 222
0 "HE STATE OF TEX.AAS,~ KNOW ALL MEN BY THESE PRESENTS:
COUNTY f1F DENTON
THAT BR.INSON L. CLARK AND WIFE, RUTH CLARK 22570
of Denton County, Texas , in consideration of the sum of
one Dollar ($1.00) ------------------------sttd U hergood and valuable consideration
in hand p; Id by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to City of Denton, Texas the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described p.nperty,
owned by them Situated in Denton County, Texas, in the
A.N.B. TOMPKINS Survey, Abstract No. 1246
All that certain lot, tract or parcel of land lying and being :;ituated
in the City and County of Denton, State of Texas, and being part of the
A.N.B. Tompkins Survey, Abstract No. 1246 and being par;: of a tract of
land as conveyed from G.. L. Davis and wife, Buena Vista Davis to Brinson
L. Clark and wife, Ruth Clark by deed dated June 17, 1970 and recorded
it. Volume 603, Page 517 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BEGINNING at a point in the west boundary line of said Clark Tract, said
point being 200 feet south of the northwest corner of said tract;
THENCE east 200 feet south of and parallel to the north boundary line of
said Clark Tract, a distance of 75 feet to a point for a cornier in the
east boundary line of said Clark tract;
THENCE south along the east boundary line of jaid Clark Tract, a distance
of 16 feet; to a point for a corner;
THENCE west 216 feet south of and parallel to the north boundary line of
said Clark Tract a distance of 75 feet to a point for a corner in the
west boundary line of said Clark Tract;
THENCE north along the west boundary line of said Clark Tract a distance
16 feet to the place of beginning and containing 1200 square feet of land
more or less.
And it is further agreed that the sald 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, insta:.ling, repairing and perpetually
maintairling public utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agt;nts,
employees, workmen and representatives h,%ving ingress, egress, and regress in, along upon and across
said premisca for the purpose of making additious to, improvements on and repairs to the said
my art u ereolties, or
TO HtAhVE AND 110 HOLD unto the arld City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our hand , this the I A iv day of November , /19 76.
- B N
RU i CLARK
SINGLE ACKNOWLEDGMENT
TITI STATE OF TEXAS, 1 BEFORE ME, the undersigned authority,
COUNTY OF DI;NT0N ....._..._..f Brinson L. Clark and wife, Ruth
in and for said County, Texas, on thA day personally appeared
Clark
- - -
kr, Nn to me to be the person S who.ao name`[. (ire - subscribed to the foregoing instrument, and acknowledged to me
that t he.y executed t same for the purroaes and consPeratlon therein expressed.
GIVEN UNDER MY MAND AND SEAL OF OFFICE, This -.1 A...~ day uL_._..._.._Noyyember A.D. 19.7.6.
f[ S.) l~M]Ae0b-_--? --~!`ev'dn
Notary Yublic............. DAntOn ........County, Texas
My Commission Expires June 1, 19. L?.
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, S BEFORE ME, the undersigned authority,
COUNTY OF.......
in and for said County, Texaq on this day personally appeared.........
known to t,e to be the person ..__.whose name suLscribed to the foregoing Instrument, ind acknowledged to me
that . he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of..... , A.D. 19.
Notary Public, County, Texas
_ My Cnmmisefon Expires June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF.
In and for said County, texas, on this day personally appeared
known to me to be the person and officer
whose name rs subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said
. .
a corporation, and that he executed the earns as the act of such corporation for the purposes and consideration therein
expreseed, and in the rapacity thcrcln stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.. day of. , A.D. 19
Notary Public, _ _..County, Texas
My Commission Expires June 1, 19...__
CLERK'S CERTIFICATE
TUE STATE OF TEXAS,
I, ftTii.ppr....s , County
y _ with its ~ COpryyj~ 140fe q the
Clerk of to aao efy Court of aaln County, do hereb Ac D Ij9 that t the forego f(},!neat~~ri#[gtynloCz4uWsd~Bjg8f1
..,Cell;MMMr.ts m,o c'Ck.. r ay
record 1r. my office on thn.................... dap of. A. D. I9°r 'o r 1 n 6 fawltr r'kAm~tilly
recorded Ws... day of A. D. 19 euary orc~a M lh3.tz7m 1NA"!ha
d he"I' orord;
Records of said County, ~olvme.... 4av... , n pages, n. b1'.fr~.........
WITNESS MY HAND AND SEAL OF fHE COUNT Y COURT of said 'rtfit f1 V, t office In .................1970.........................
~~,lfy'v[
y and year last
the da
_ the day and year last
,.1
County Clerk .................ft Y . ~xas.
_ ,ctr6x Garh,.. D puty.
:..:IJdJU -q9 A Nor
f to y
E fi ll Ho i
nlf;~•y h 3 i 31I' Z
~ J
` V 0 ;
~ i 'r~ ~ uLV
it UM
THE TT~~ OF ri T,~v ,~SDEED REC Rpj ~ VOL 8:l2 i'nbE 22 4
C
OUNT STATE
OF D1 lr~ r~L'ENTON T,• l~i'1~i KNOW ALL MEN BY TRESE PRESENTS:
COUNTY
THAT KENNETH R. HAWKINS AND WIFE, NELDA JEAN HAWKINS 22571
of Dentin County, Texas , in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and priAlege of the passage in, along, upon and across the following
described property,
owned by them . Situated in Denton County, Texas, In the
A.N.B. Tompkins Survey, Abstract No. 1246
All that certain lot, tract or parcel of land lying and being situated
• in the City and County of. Denton, State of Texas, and being part of the
A.N.B. Tompkins Survey, Abstract No. 1246 and being part of a tractsof.
land as conveyed from if. W. Hawkins and wife, Cora C. Hawkins to Kenneth
R. Hawkins and wife, Nelda Jean Hawkins by deed dated 6/21/61 and rocorde
in Volume 471, Page 664 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BEGINNING at a point in the west boundary line of said Hawkins Tract, sal
point being 200 feet south of the northwest corner of said tract;
THENCE east 200 feet south of and parallel to the north boundary line of
said Hawkins Tract, a distance of 75 feet to a point for a corner in the
east boundary line of said Hawkins Tracts
THENCE south along the east boundary line of said Hawkins Tract a distanc
of 16 feet to a point for a corrjrl
THENCE west 216 feet south of and parallel to the north boundary line of
said Hawkins Tract a distancE of 75 feet to a poi..t for a corner in the
west boundary line of said Hawkins Tract;
THENCE north along the west boundary line of said Hawkins Tract a distanc
of 16 feet to the place of beginning and containing 1200 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 obstruction, as may now b3 found uN,,n said property.
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having Ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, Improvements on and repaira to the said
public utilities, or
any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described,
Witness our hand , this the day of :lovember , A. D. 19 76.
NELDA J HAWKINS
SINGLE ACKNOWLEDGMENT
THE STATE. OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF DENTQN
In and for Bald County, Texas, on this day personally appeared
KENNET}[-_R....HAWKINS -AND.. WIFE, .-NELDA JEAN,._HAWKINS
known to me to be'tbe person S.-whose name s...4re. subscribed to the fom - :ng Instrument, and acknowledged to me
that..the y executed this name for the purposes and consideration therein expressed.
GIVEN UNDER AtY HAND AND SEAL OF OFFICE, This .le-...... .ds ofNovernber , A.D. 19..76
Nutary Public, Dentoln _ Count), texas
My Commission Expires June 1, 197.7...
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, l BEFORE ME, the undersigned authority,
COUNTY OF.....
in and for said County, Texas, on this day personally appeared
-
known to me to be the person _.__whose name subscribed to the foregoing instrument, and acknowledged to me
that__ he executed the a ime for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _....__.._.day A.D. 19 _
t L,S.I - -
Notary Public, County, Texas
Nlv fommieslon Expires June I, 19
CORPORATION APUNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE 111E, the undersigned authority,
COUNTY OF.
In and for said County, Texas, on this day personally appeared...
knowr, to me to be the person and officer
whoas name is subscribed to the foregoing Instrument and acknowledged to me that the anme was the act of the Bald
a corporation, and that he executed the same ns the act of such corporation for the pur,pcses~and conaldcratlon therein
expressed, and in the capacity thcroln elated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of , A.D. 19
(L,S.) i -
Notary Public, _ County, Texas
My Commission Expires June 1, 19...._-
CLERK'S CERTIFICATE
pF I
THE STATE OF TEXAS, T A
COUNTY OF t here COONiy CtFRK tMk1Y OF
p Cour: of said County, do hereby certify that the forcgotspae~~m~lfAAtfp~;~~~t'nfieudgle~,8~i't1tIP
Clerk of the Count
day of , A. D Ill.- with its { lAfatAo4~r~Rre ant:cebYlRe Ind
J+fltcehfAj
record in my office .n the day of , A. D. 19. r~ °~.?-ty'.1444y me..cf the .y$~dfYltdsely
recorded this.... .......da; of ......................A.D.19. ,ut.. NOVO'etocka:Qher.e.04 0~nrtlfe
:.....t...........~ Records of said County, in- lume........ .......Qn
oa oty
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of Bald $untY oftie~,in
the day and year last abot SteQ'
oe c
0
t w ~.I
County Clerk ...........~~UN?7..CIFR1~.-~KC0,j. -County, Texas.
(L S.) By . pr4cputy,
1'k` '0 1
e
to i i ~ I
lid I i'~r♦' j1 c
i 1 V 4 1
O ( MH l~ d
J
e Eytloee _
THE STATE OF TEXAS ~ DEED RECORD'S ,1161 PAGF. 226
KNOW ALL MEN BY THESE PRESENTS.
COUNTY OF DENTON
THAT RUTH MYRTLE SLACK 22572
of Denton County, Texas , in consideration of the sum of
one Dollar ($1.00) and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by her . Situated in Denton County, Texas, in the
A. N. B. TOMPKINS Survey. Abstract No. 1246
All that certain lot, tract or parcel of land lying and being situated in
the City and County of Denton, State of Texas, and being part of the A.N.
Tompkins Survey, Abstract No. 1246 and being part of a tract of land as
conveyed from B. L. Clark and wife, Ruth Merle Clark to Fred T. Slack and
wife, Ruth Myrtle Slack by deed dated May 18, 1964 and recorded in Volume
508, Page 510 of the Deed Records of Denton County, Texas, and more par-
ticularly described as follows:
BEGINNING at the most northerly northwest corner of said Slack Tract, sam
being the northeast corner of a tract of lanai as conveyed from H. W. Hawk s
and wife, Cora C. Hawkins to Kenneth R. Hawkins and wife, Nelda Jean Hawk is
by deed dated August 21, 1961 and recorded in Volume 471, Page 664 of the
Deed Records of Denton County, Texas;
THENCE east along the north boundary line of said Slack Tract a distance
16 feet to a point for a corner;
THENCE south 16 feet east of and parallel to the most northerly west boun-
dary line of said Slack Tract, same being the east boundary line of said
Hawkins Tract, a distance of 290 feet to a point for a corners
THENCE west a distance of 16 feet to a point for a curner, same being the
southeast corner of said Hawkins Tract also being an inner corner of said
Slack Tracts
THENCE north along the most northerly west boundary line of said Slack
Tract a distance of 290 feet to the place of beginning and containing
4,640 square feet of land, more or less.
And it is further agreed that the Bald City of Denton, Texas
In consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities in, along, upon and
across said premises, with the right and privilege at all times of the granteo herein, his or its agcnts,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said
public utilities, or
any part thereof.
TO HAVE AND TO 140I.0 unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid t1.e premises above described.
t~-
Witness her hand , this the day of November , A. D. 19 76
V
K RUTH~MYRTLICK C
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, l BEFORE ME, the undersigned authority,
corNTY OF DENTON_ _ _ _
In and fok said,County, Texas, on this day personally appeared
.._....----..._'.~.._...__RIlTH...MYRTLE-S LnyK
_
known to me to be the person .-.whose ncme JS---.. subscribed to the foregoing Instrument, on?. acknowledged to me
that. _S he executed the tame for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
`f-1/ ..e.U`. day of ..._.._~VI' WeT , A.D. 1 76
Vl
Note Public D0I1OI1 Count Texas
My Commission Expires June 1, 19.71
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF..._...__...___.__...._....
.
In and for sold County, Texas, on this dsy personally appeared.....
known to ma to be the person .._..whose name subscribed to the foregoing instrument, and acknowledged to me
that..--. he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND ANL` SEAL OF OFFICE, This __.__..day A.D. 19-
Notary Public, _...._.County, Tees
Aiv Commission Expires June 1, 19
CORPORATION ACKNOWLEDUNRI 'rfxn
THE STATE OF TEXAS, 1 for ~ ~'ux 4sti;, inn 'g96T"*rlty,
COUNTY OF. _ c Ccrilly th.: Ih's Irsbuir~OJnf/, rera.
ar tr!c0, on IAa .
s.;d h + IOU 1vl n:''' h ca ; by rsen
In and for said Cocnly. Taxes, on this day personally appeared solll:d enfor, 'ctr.d f 1wa:du r
_ _ . If'aortp lGa, Fd bf tha~84 {fr{A o(ricer
whose _ name Is subscribed to the foregoing instrument and acknowledged to me that 6 N9iflre 9rss,E4r~,~rmsfff44e suk,
7 v
a corporation, and that he executed the san'P as the act of such corporation for the pLp 'fdose~Qn4 ' sideration therein.
expressed, and In the capacity therein stated. o~^ty
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This, it . aT1C~.{: A.D. 19
Notary Public, fpJryly 9l " oLrull~'y' Texas
My Commission Expires June, rfrtron_eounf Jr,
CLERK'S CERTIFICATE
THE STATE OF TEXAS,
r,.. county
,
COUNTY OF...__._ .1t
Clerk of the Courty Court of !aid County, do hereby certify that the ,foregoing instrument of writing dated on the
day of , A. D. 19........., pith its Certifleate of Authentication, was filed for
record in my oilice on the day of............................................:. , A. D. 19.., at o'clock. . . M., and duly
recorded W8.-' day o[.... A. D. 19.... at o'clock-..,...... M., In the
Records of said County, in Volume................... , on Pagel-
WITNESS MY HAND AND SEAL OFTHE COUNTY COURT of maid County, at office In
, the day and year last above written.
. yot 812 k,E 227......-....... .
County Clerk.. ...County, Texas.
_ (L. S.) Hy .-A, Deputy.
11dzu
d ~ a A r a ~ i
i
I o
d +
COMMISSION STATE DEPARTIIEN'C OF EIICmv,%1'S ENGINEER AtRECTOR f
REAGAN HOUSTON CHAIRMAN AND PUBLIC TRANSPORTATION IS L DEBERRY
• -
DEWITT C GRFER P. 0. BOX 2023 I
CHARLES E SIMONS Denton, Texas 76201
November 18, 1976
IN REPLY REFER TO
Control 8450-18-1 FILE NO
Project M S450(1)
M.H. 155: From U.S. 377 to Hickory Street
Denton County •
I
Mr, Jim White, City Manager
City of Denton
Municipal Building
Denton, Texas 76201
Dear Sir:
A copy of the low bid prices received November 10th on those items to
be financed by the City of Denton is attached.
You will note the City of Denton portion is $514,600.00, $20,400.00
over our original estimate of $4941200.OU.
We will appreciate your furnishing us a warrant in the amount of
$20,400.00 made payable to the State Treasurer, Account of Trust
Fund No. 927.
To avoid the possibility of a delay in the handling of this contract
with the low bidder, we request the warrant be furnished at the
earliest possible date.
Yours very truly,
oe P. Maddox
Supv. PQstdent Engineer
JPHilkw i
Attachment)
I
I"~~\
4
~~~q~'
r ~
.
i
ASSIGNMENT OF PURCHASE OPTIONS WITH
} EYPLOPQkTION RIGHTS; EXPLORATION
CONTRACTS AND LIGNITE LEASES; AND
CERTAIN RELATED RIGHTS AND INTERESTS
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e STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS:
COUNPY OF GRIMES X
THIS AGREEMEN'T' s made and entered into by and between THE CITY
OF DENTON , a Texas municipal corporation, ASSIGNOR, and
TEXAS MUNICIPAL POWER AGENCY, ASSIGNEE;
WHEREAS, ASSIGNOR by and through Brazos Electric Power
Coopera- tive, Inc., as Trustee for the Texas tunicipal rover Pool, has acquired
certain rights in lignite in contemplation of or pursuant to an
>a agreement of April 28, 1975, known as the lignite Joint Ownership
,e Agreement, including purchase options with exploration rights and
exploration contracts and lignite lease., and the results of explora-
tion including any logs, cores, surveys, tests. reports and other
+ information developed in contemplation of or pursuant to such
agreement, and
et
WHEREAS, ASSIGNOR as a member of TEXAS MUNICIPAL POWER AGENCY
may have acquired an interest in additional property or property
~G rights by and through Texas Power Pool, Inc ,f acting as agent for
Brazos Electric Power Cooperative, Inc., and Texas Municipal Power
~e. Agency pursuant to a Preliminary Participation Agreement of October
{fa 30, 1975, including interests in lignite and the results of explora-
tion, and
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yo WHEREAS, ASSIGNOR has participated in the fuel development programs,
r including the Bryan lignite fuel development program, and
Gy e WHEREAS, ASSIGNOR now desires to assign to ASSIGNEE all its
rights, titles and interests in and to the contracts, leases, optio:ts,
and other property rights above described, and ASSIGNEE desires to
accept the assignment thereof;
NOW, THEREFORE, for a valuable consideration to be paid by
TEXAS MUNICIPAL POWER AGE14CY the sufficiency of which is hereby
acknowledged, ASSIGNOR hereby assigns to ASSIGNEEall of ASSIGNOR':
right, title and interest in and to the following property or property
rights:
incorporated rights herein described in
(a) Those u"A" attached options hereto exploration
Exhibit
reference, and
described
and g incorporated herein
1 (b) in Exhibit Exploration i attached a hereto and
in
by reference# and
(c) The undivided interest of ASSIGNOR in all lignite properties
whether through options for lignite leases or for purchase
of the fee title, lignite leases or purchases of the fee
title or other items, in luding all of such interests in
real property that have been acquired in the name of Brazos
Electric Power Cooperative, Inc., or Texas Power Pool, Inc.,
as trustees or agents for ASSIGNOR, and
(d) Thu undivided interest of ASSIGNOR in the Bryan lignite fuel
rams
development
rethe sults other involvingo among e others,
exprogram ploration and
and in
Van Zandt, Mariol, hadison, Brazos, Grimes, Durleson,
Fayette, Wood, Hopkins and Franklin Counties, T,axas,
including all loge, cores, surveys, tests, reports and
other information developed pursuant thereto, and all
claims, interests, rights and causes of actio,t connected
therewith.
AND FURTHER, pursuant to the Lignite Toint Ownership Agreement
dated April 26, 1975, above referred to, ASSIGNOR hereby authorizes
and notifies Brazos Electric Power Cooperative, Inc., as Trustee for
Texas Municipal Power Pool, and as record title ;Solder of property or
property rights acquired under such agreement, to execute and deliver
instruments of conveyance, assignment or transfer to ASSIGNEE covering
the interest of ASSIGNOR under such agreement.
ASSIGNEE, by the acceptance of this assignment agrees to keep,
perform and fulfill all the terms, covenants, conditions and obligations
required to be kept, performed and fulfilled by ASSIGNOR with respect
to the property or property rights hereby assigned. '
EXECUTED this day of , 1976.
CITY OF DENTON J 0
BY :
ATTEST:
,
TEXAS MUNICIPAL POWER AGENCY
BY:
ATTEST:
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EXHIBIT A
1. Purchase option with Exploration Rights dated June 2, 1975,
executed by Barkr-•r Allen and wife Gloria Allen and Brazos Electric
Power Cooperative, Inc., as trustee for Texas Municipal Power Pool,
covering two tracts of land being further described as follows: (1)
First Tract bi.ing 20 acres of land, more or less, out of the Barton
Baker Survey in Grimes County, Texas; arid (2) Second Tract being
4.32 acres of land, more or less, out of the Barton Baker Survey in
.Grimes County, Texas.
2, Purchase Option with Exploration Rights cl:;ted June 2, 1975,
executed by Barker Allen and Brazos Electric Power Cooperative,
Inc., as trustee for Texas Municipal Power Pool, covering two tracts
of land being further described as follows: (1) First Tract being
50 acres of land, more or less, out of the G. 41. Seaton Survey in
Grimes Co::nty, Texas; and (2) Second Tract being 81.10 acres of
land, more or less, out of t;ie Barton Baker Survey In Grimes County,
Texas.
3. Purchase option with Exploration Rights dated July 1, 1975,
executed by Marshall Willey, individually and as trustee, and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering five tracts of land being further described as
follows: (1) 150 acres of land, more or less, out of the G. W.
Seaton Survey in Grimes County, Texas; (2) 150 acres of land, more
or less, out of the John C. Palmer Survey in Grimes County, Texas)
(3) 250 acres of land, more or less; out of the John C. Palmer
Survey in Grimes County, Texast (4) 58.9 acres of land, more or
less, out of the Barton Baker Survey in Grimes County, Texas, save
and except 4.32 acres, more or less; and (5) 164 acres of land in
Grimes County, Texas.
4. Purchase option with Exploration Rights dated July 2, 1975,
executed by Alvin E. Inglehart and Minnie Inglehart and Brazo:
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering 328.03 acres-of land, more or less, out of the
Samuel Millett Survey in Grimes County, Texas.
5. Purchase Option with Exploration Rights dated July 2, 1975,
executed by Theodore J. Scherbel and Charles Scherbel and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering 164.02 acres of land, more or less, out of the
Samuel Millett Survey in Grimes County, Texas.
6. Purchase Option with Exploration Rights dated July 15,
1975, executed by Norman A. Bounds and wife Marcella C. Bounds and
W. H. Bounds and Brazos Electric Po;aer Cooperative, inc., as trustee
for Texas Municipal Power Pool, covering two tracts of land being
further described as follows: (1) First Tract being 79.75 acres of
land, more or lesu, out of the C. 0. Edwards Survey in Grimes County,
Texas; and (2) Second Tract being 125 acres of land, more or less,
out of the C. 0. Edwards Survey in Grimes County, Texas.
7. Purchase Option with Exploration Rights dated August 19,
19750 executed by Cicero Allen and wife Bernice Allen and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering three tracts of land being further described as
follows: (1) First Tract being 175.48 acres of land, morn or less,
out of the Ephraim Fuqua Survey in Grimes County, Texast (2) Second
Tract being 132.75 acres of land, more or less, out of the Ephraim
Fuqua Survey in Grimes County, Texast and (3) Third Tract being 45
acres of land, more or loss, out of the Ephraim Fuqua Survey in
Grimes County, Texas,
S. Purchase Contract dated December 1, 1975, executed by
Jack V. Baker and wife Jacquelyn V. Baker and Texas Power Pool,
Inc., acting as agent for Texas Municipal Power Agency and Brazos
Electric Power Cooperative, Inc., covering two tracts of land
further described as follows: (1) 40.004 acres of land, more or
less, out of the George Galaspy Survey in Grimes County, Texas; and
(2) 70.321 acres of land, more or less, out of the George Galaspy
Survey.in Grimes County, Texas.
9. Purchase Contract dated December It 1975, executed by
Roy E. Goodwin and wife Margaret B. Goodwin and Texas Power Pool,
Inc., acting as ages'.. for Texas Municipal Power Agency and Brazos
Electric Power Coor,!rative, Inc., covering 110.325 acres of land out
of the George Gala:;ry Survey in Grimes County, Texas.
10. Purchase Contract dated November 26, 1975, executed by
Tony Kolbachinski and wife Winnie Kolbachinski and Texas Po..er Pool,
Inc., acting as agent for Texas Municipal Power Agency and Brazos
Electric Power Cooperative, Inc., covering 25 acres of land, more or
less, in the James Tuttle League in Grimes County, Texas.
11. Purchase contract dated April 20, 1976, executed by
Carl W. Chaddick and wife Dora Chaddick, Patrick M. Chaddick, Ruth
Chaddick, and Vera Chaddick, and Texas Power Pool, Inc., acting as
agent for Texas Municipal Power Agency an3 Brazos Electric Power
Cooperative, Ins:., covering 30 acres of land, more or less, a part
of the Amos Edson Survey in Grimes County, Texas.
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EXHIBIT B
1. Exploration Contract and Lignite Lease dated March 131
1975, and recorded in Volume 1)") 2, , Page , Deed Records of
Grimes County, Texas, executed -L. F. Allen and Brazos Electric
Power Cooperative, Inc., as trustee for Texas Municipal Power Pool,
covering 200 acres of land out of the John C. Palmer Survey in
Grimes County, Texas.
i 2. Exploration Contract and Lignite Lease dated March 15,
1975, and recorded in Volume , Page , Deed Records of
Grimes County, Texas, executed-iy-Mary ShooF-and Brazos Electric
Power Cooperative, Inc., as trustee for Texas Municipal Power Pool,
covering 79 acres of land, more or less, out of the J. Schroeder
Survey in Grimes County, Texas.
3. Exploration Contract and Lignite Lease dated Harch 22,
1975, and recorded in Volume Page ' , Deed Records of
Grimes County, Texas, ex6cutedTy Edwin N. Bell and wife Dorris C.
Bell and Mrs. Joe B. Henderson, Jr., inft Brazos Electric Power
Cooperative, Inc., as trustee for Texas Municipal Power Pool,
covering three tracts of land being further described as L'ollows:
(1) 346.8 acres of land, more or less, out of the C. Campbell Survey
in Grimes County, Texas; (2) 50 acres of land, more or less, out of
the C. Campbell Survey in Grimes County, Texas; and (3) 150 acres of
land, more or less, out of the C. Campbell Survey in Grimes County,
Texas.
4. Exploration Contract and Lignite Lease dated March 10,
1975, and recorded in Volume Page Deed Records of
Grimes County, Texas, executed by Evans Moody, Velma Moody Franks,
and Ozelle Moody Stout and Brazos Electric Power Cooperative, Inc.,
jr. as trustee for Texas Municipal Power Pool, covering two tracts of
land being further described as follows: (1) 615 acres of land in
the L. J. F. Mammel Survey in Grimes County, Texas, and (2) 640
acres of land, more or less, out of the George Mason Survey in
Grimes County, Texas.
5. Exploration Contract and Lignite Lease dated March 28,
1975, and recorded in volume Page S`•',r , Deed Records of.
Grimes County, Texas, executed`Ey Davis King and Brazos Electric
Power Cooperative, Inc., as trustee for Texas hunicip.al Power. Pool,
covering two tracts of land being further described as follows: (1)
223 2/3 acres of land, more or less, out of the J. W. 'Tuttle Survey
in Grimes Ccunty, Texas, and (2) 25 acres of land, more or less, out
of the J. W. Tuttle Survey in Grimes County, Texas.
6. Exploration Contract and Lignite Lease dated April 2, 1975;
and recorded in Volume , Page 4 1, , Deed Records of Grimes'
County, Texas, executed by Ernest R. Peteete and wife Vera E. Peteete
and Brazos Electric Power Cooperative, Inc., as 4.rustee for Texas
Municipal Power Pool, covering six tracts of laud being further
described as follows: (1) 61.60 acres of land, more or less, out of
the Wm. McCoy Survey in Grimes County, Texas; (2) 12.40 acres of
land, more or less, out of the William McCoy Survey in Grimes County,
Texasl (3) 20 acres of lend, more or less, out of the J. W. Singletary
Survey in Grimes County, Texas; (4) 117 acres of land, more or lass,
out of the B. F. Arnold Survey in Grimes County, Texas; (5) five
acres of land, more or less, out of the B. F. Arnold Survey in
Grimes County, Texas► and (6) 268 acres of land, more or leRa, out
of the B. F. Arnold Survey in Grimes County, Texas.
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7. Exploration Contract and Lignite Lease dated March 15,
1975, and recorded in Volume •i',1., Page JI , Deed Records of
Grimes County, Texas, executed may-Lawrence J. Salerno and wife
Virginia Salerno and Brazos Electric Power Cooperative, Inc., as
trustee for Texas Municipal Power Pool, covering 80.4 acres of land,
more or less, out of the Cyrus Campbell Survey in Grimes County,
tr,' Texa3.
8. Exploration Contract and Lignite Lease dated March 18,
• 1975, and recorded in Volume 1 , Page r It Deed Records of
Grimes County, Texas, executed by Mrs. Charles B. White and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering three tracts of land being further described as
follows: (1) 12.4 acres of land, more or less, out of the Wm. McCoy
Survey in Grimes County, Texas; (2) 16 acres of land, more or less,
out of the J. Schroeder Survey in Grimes County, Texas; and (3) 96.5
acre.; of land, more or less, out of the J. Schroeder Survey in
Grimes County, Texas.
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9. Exploration Contract and lignite Lease dated April 10,
1975, and recorded in Volume 'I, , Page " , Deed Records of
Grimes County, Texas, executed by Logan H. Heitzen and wife Billie
C. Meitzen and Brazos Electric Power Cooperative, Inc., as trustee
for Texas Municipal Power Pool, covering two tracts of land being
further described as follows: (1) 55.34 acres of lard, more or
less, out of the P. B. O'Connor Survey in Grimes County, Texas, and
I (2) 33.79 acres of land, more or less, out of the P. B. O'Connor
Survey in Grimes County, Texas.
10. Exploration Contract and Lignite Lease dated April 2,
1975, and recorded in Volume Page 'L , Deed Records of
Grimes County, Texas, executec~]`6y John H. Cut rell and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering two tracts of land being further described as
follows: (1) •.2.95 acres of land, more or less, out of the P. S.
O'Connor Survey in Grimes County, Texas, and (2) 52.95 acres of
land, more or less, out of the P. B. O'Connor Survey in Grimes
County, Texas.
11. Exploration Contract and Lignite Lease dated April 14,
1075' and recorded in Volume , , Page's ",'1 I , Deed Records of
Grimes County, Texas, executeU by victor C. Meitzen and wife Yvonne D.
Meitzen and Brazos Electric Power Cooperative, Inc., as trustee for
Texas Municipal Power Pool, covering two tracts of land being
further described as follows: (1) 25 acres of land, more or less,
out of the P. B. O'Connor Survey in Grimes County, Texas, and (2)
29.800 acres of land, more or less, out of the P. B. O'Connor Survey
in Grimes County, Texas.
12. Exploration Contract and Lignite Lease dated April 2,
19750 and recorded in volume 7 , , page Deed Records of
Grimes County, Texas, executea6y Jack D.'Cuthrell and Brazos
Electric Power Cooperative, Inc.► as trustee for Texas Municipal
Power Pool, covering 52.95 acres of land, more or less, out of the
P. B. O'Connor Survey in Grimes County, Texas.
a 13. Exploration Contract and Lignite Lease dated April 21,
T 1975, and recorded in Volume Page Deed Records of
f"• Grimes County, texas, execute~y Prindle Peeete and Brazos Electric
Power Cooperative, Inc., as trustee for Texas Municipal Power Pool,
i covering 200 acres of land, more or less, out of the S. R. Smith
6•.rvey in Grimes County, Texas.
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14. Exploration Contract and Lignite Lease dated March 28,
1975, and recorded in Volume Page Deed Records of
Grimes County; Texas, executed by, E. F. Butts and wife Elvina Butts
and Brazos Electric Power Cooperative, Inc., as trustee for Texas ,
Municipal Power Pool, covering two tracts of land being further
described as follows: (1) 137.5 acres of land, more or less, out of
the U. Sanders Survey in Grimes County, Texas, and (2) 30 acres of
land, more or less, out of the U. Sanders Survey in Grimes County,
Texas.
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15. Exploration Contract and Lignite Lease dated April 2,
D
1975, and recorded in Volume Page' Deed Records of
Grimes Coun+-y, Texas, executed by John D. Cuthrell and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering 52.95 acres of land, more or less, out of the
P. B. O'Connor Survey in Grimes County, Texas.
16. Exploration Contract and Lignite Lease dated April 21,
1975, and recorded in Volume 2 , Page Deed Records of
Grimes County, Texas, executed by Prindle Peteete, as guardian of
the estate of Eugenia Peteete, and Brazos Electric Power Cooperative,
nc., as trustee for Texas Municipal Power Pool, covering 200 acres
of land, more or less, out of the S. R. Smith Survey in Grimes
County, Texas.
17. Exp",)Lation Contract and Lignite Lease dated'April 30,
1975, and recorded in Volume Page , Deed Records of
Grimes County, Texas, executea-1y Montas Cryar and wife Lillie C.
Peteete Cryar, and Brazos Electric Power Cooperative, Inc., as
trustee for Texas Municipal Power Pool, covering two tracts of land
being further described as follows: (1) 75.77 acres of land, more
or less, out of the Wm. McCoy Survey in Grimes County, Texas, and
(2) 6.6 acres of laIL11, more or less, out of the Wm. McCoy Survey in
Grimes County, Texas.
18. Exploration Contract and Lignite Lease dated April 25,
1975, and recorded in Volume Page _f Deed Records of
Grimes County, Texas, executed >fy Luther B. Danford and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power root, covering 3.18 acres of land, more or less, out of the
Luther B. Danford Survey in Grimes County, Texas.
19. Exploration Contract and Lignite Lease dated April 22,
1975, and recorded in Volume Page Deed Records of
Grimes County, Texas, executecdby-L. B. Dai~d and Mrs. William 11.
Taylor and Brazos Electric Power Cooperative, inc., as trustee for
Texas Municipal Power Pool, covering two tracts of land being fur-
ther described as follows: (1) 54.2 acres of land, more or less,
out of the Amos Edsin Survey in Grimes County, Texas, and (2) 108
acres of land, more or less, out of the George Galaspy Survey in
Grimes County, Texas.
20.' Exploration Contract and Lignite Lease dated March 7,
19750 and recorded in Volume"' Page Deed Records of
Grimes County, Texas, executeaBy rEdison Perry and wife Josie Ann
Perry snd Brazos Electric Power Cooperative, Inc., as trustee for
Texas Municipal Power Pool, covering four tracts of land being
further described as follows: (1) 10 acres of land, more or less,
i out of the Wm. McCoy Survey in Grimes County, Texast (2) 10 acres of
land, more or leas, out of the J. W. Scott Survey in Grimes County,
Texast (3) 190 acres of land, more or less, out of the Wm. McCoy 1/3
League in Grimes County, texas; and (4) 50 acres pf land, more or
4 less, out of the Wm. McCoy Survey in Grimes County, Texas.
21. Exploration Contract and Lignite Lease dated May 16, 1975,
and recorded in Volume Page '1'2Jj , Deed Records of Grimes
County, Texas, executed by Lloyd Perry and wife Edna M. Perry and
Brazos Electric Power Cooperative, In:., as trustee for Texas Muni-
cipal Power Pool, covering 50 acres of land, more or less, out of
the B. F. Arnold Survey in Grimes County, Texas.
22. Exploration Contract and Lignite Lease dated May 23, 19751
and retarded in Volume Page Deed Records of Grimes
County, Texas, executed by Edgar Earl Wells and wife Billie Faye
Wells and Brazos Electric Power Cooperative, Inc., as trustee for
Texas Municipal Power Pool, covering 80 acres of land, more or less,
out of the B. F. Arnold Survey in Grimes County, Texas.
23. Exploration Contract arl Lignite Lease dated Apr..l 29,
1975, and recorded in Volume Page , Deed Records of
Grimes County, Texas, executed by George N. Hall and wife Jesse Ola
Peteete Hall and Brazos Electric Power Cooperative, Inc., as trustee
for Texas Muni-ipal Power Pool, covering 81.8 acres of land, more or
less, out of the Wm. McCoy Survey in Grimes County, Texas.
24. Exploration Contract and Lignite Lease dated May 23, 1975,
and recorded in Volume Page Deed Records of Grimes'
County, Texas, executed_Uy`Earnest Peteete and Edgar Wells and
Brazos Electric Power Cooperative, Inc., as trustee for Texas
Municipal Power Pool, covering 100 acres of lane, more or less, out
of the B. F. Arnold Survey in Grimes County, Texas.
25. Exploration Contract and Lignite Lease dated June 2, 1975,
and recorded in Volume , Page , Deed Records of Grimes
1 County, Texas, executed-By Barker Allen and Brazos Electric Power
Cooperative, Inc., as trustee for Texas Municipal Power Pool, (11
covering two tracts of land being further described as fellows:
160 acres of land, more or less, out of the Barton Baker Survey in
Grimes County, Texas, a%d 89.50 acres of land, more or less, out
of the C. 0. Edwards Survey in Grimes County, Texas.
26. Exploration Contract and Lignite Lease dated June 2, 1975,
and recorded in Volume , Page , Deed Records of Grimes
County, Texas, executedby Barker A en and wife Gloria Allen and
Brazos Electric Power Cooperative, Inc., as trustee for Texas Muni-
cipal Power Pool, covering 19.90 acres of land, more or less, out of
the C. 0. Edwards Survey in Grimes County, Texas.
27. Exploration Contract and Lignite Lease dated April 11,
1975, and recorded in Volume Page I' , Deed Records of
Grimes County, Texas,'executeaFiy Mrs. Greenwood t!. Brinkmann and
Brazos Electric Power Cooperative, Inc., as trustee for Texas
Municipal Power Pool, covering 515 acres of land, more or less, out
of the L. J. F. Mammel Survey in Grimes County, Texas.
28. Exploration Contract and Lignite Lease dated June 27,
1975, and recorded in Volume Page Deed Records of
Grimes County, Texas, executeuy Johnny Ko asinski and Thelm%
Kolbasinski and Brazos Electric Power Cooperative, Inc., as trustee
for Texas Municipal Pc.~er Pool, covering five tracts of land being
further described as follows: (1) 61.1 acres of land, more or less,
out of the J. Tuttle Survey in Grimes County, Texas; (2) 21.53 acres
~y of land, more or less, out of the J. Tuttle Survey in Grimes County,
Texas] (3) 14.6 acres of land, more or less, out of the J. Tuttle
Survey in Grimes County, Texas; (4) 1.63 acres of land, more or
less, out of the J. Tuttle Survey in Grimes County, Texas; and (5)
0.836 acre of land, more or less, out of the J. Tuttle Survey in
Grimes County, Texas.
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29. Exploration Contract and Lignite Lease dated September 8,
1975, and recorded in volume ';'J, Page ! , Deed Records of
Grimes County, Texas, executed by Ozelle Moody Stout and Velma Moody
Franks and Brazos Electric Power Cooperative, Inc., as trustee for
Texas Municipal Power Pool, covering 231 acres of land, more jr
less, out of the W. R. Sanders Survey in Grimes County, Texas.
30. Exploration Contract and Lignite Lease dated September 8,
1975, And recorded in Volume Page , Deed Records of
Grimes County, Texas, executed by Evans Moody and Brazos Electric
Power Cooperative, Inc., as trustee for Texas Municipal Power Pool,
covering 115.5 acres of land, more or less, out of the W. R. Sanders
Survey in Grimes County, Texas.
31. Exploration Contract and Lignite Lease dated September 8,
1975, and recorded in volume `i' 'J. Page 'l ? Deed Records of
Grimes County, Texas, executed 6y Evans Moody and Brazos Electric
Power Cooperative, inc., as trustee for Texas Municipal Power Pool,
covering 349 acres of land, more or less, out of the W. D. Sanders
Survey'in Grimes County, Texas.
32, Exploration Contract and 7,iyntte Lease dated September 270
1975, <<nd recorded in Volume 7., Page Deed Records of
rri^-s County, Texas. executed -y Evans Moody, Velma Moody Franks,
and Ozelle Moody Stout and Brazos Electric Power Cooperative, Inc.,
as trustee for Texas Municipal Power Pool, covering three tracts of
land being further described as follows: (1) 120 acres of land,
more or less, out of the W. R, Sanders Survey in Grimes County,
Texas] (2) 195 acres of land, more or less, out of the W. R. Sanders
Survey in Grimes County, Texas= and (3) 20 acres of land, more or
less, out Gf the W. R. Sanders Survey in Grimes County, Texas.
33. Exploration Contract and Lignite Lease dated May 23, 1975,
and recorded in Volume ?''7 , Page Deed Records of Grimes
4h'u~ County, Texas, executedoy W. E. Dodd end Brazos Electric Power
Cooperative, Inc., as trustee for Texas Municipal Power Pool,
covering 34 acres of land, more or less, out of the Cyrus Campbell
Survey in Grimes County, Texas.
34. Exploration Contract and Lignite Lease dated May 23, 1975,
and recorded in Volume Page % , , Deed Records of Grimes
County, Texas, executed oy T. E. Dom and wife Doris Dodd and Brazos
Electric Power Cooperative, Inc., as trustee for Texas Municipal
Power Pool, covering 34.745 acres of land, more or less, out of the
Cyrus Campbell Survey in Grimes County, Texas.
35. Lignite LeasJe dated November 18, 1975, and recorded in
Volume T,','1,► Page If , Deed Records of Grimes County, Texas,
executexl` y`Ozelle o~y Stout, Velma Moody Franks and Evans Moody
and Texas Power Pool, inc., acting as agent for Texas Municipal
Power Agency and Brazos Electric Power Cooperative, Inc., covering
141.5 acres of land, more or less, a part of the W. R. Sanders
Survey in Grimes County, Texas.
36, Lignite Lease dated December 8► 1975, and recorded in
Volume '•'►j ► Page "'._'2_, Deed Records of Grimes County, ;exas,
executed' vans Moody, and wife, Loyce G. Moody and Texas Power
Peol, Inc., acting as agent for Texas Municipal Power Agency and
Brazos Electric Power Cooperative, Inc., covering 300 acres of land,
more or less, a part of the W. D. Sanders Survey in Grimes County,
Texas.
37. Lignite Lease dated December 30, 1975, and recorded in
Volume it3 , Page , Deed Records of Grimes County, Texas,
execute by James P.`Allen and wife LortIne Allen and Texas Power
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Pool, Inc., acting as agent for Texas Municipal Power Agency and
Brazos Electric Power Cooperative, Inc., covering 43 acres of land,
more or less, a part of the C. 0. Edwards Survey in Grimes County,
Texas,
38. Lignite Lease dated November 12, 1975, and recorded in
Vol. , Page Deed Records of Grimes County, Texas,
executed by Don C. Townsend and wife Lillian Townsend and Don C.
Townsend, Jr., and Texas Power Pool, Inc., acting as agent for Texas
Municipal Power Agency and Brazos Electric Power Cooperative, Inc.,
covering 103.29 acres of land, more or less, a part of the B. F.
Arnold Survey in Grimes County, Texas.
39. Lignite Lease dated January 8, 1976, and recorded in
Volume ,'%'y , Page ~ '•I , Deed Records of Grimes County, Texas,
executed by Luther B. Danford and Mrs. William FI. Taylor and Texas
Power Pool, Inc., acting as agent for Texas Municipal Power Agency
and Brazos Electric Power Cooperative, Inc., covering 45.8 acres of
land, more or less, a part of the Amos Edson Survey in Grimes
County, Texas.
40. Lignite Lease dated January 7, 1976, and recorded in
Volume , Page i G"r , Deed Records of Grimes County, Texas,
executed by J. L. Allen and Moody Allen and Texas Power Pool, Inc.,
acting as agent for Texas Municipal Power Agency and Brazos Electric
Power Cooperative, Inc., covering two tracts of land being further
described as follows: (1) 103.5 acres of land, more or less, a part
of the C. 0. Edwards Survey in Grimes County, Texas, and (2) 52.7
acres of land, more or less, a part of the Moses Evans Survey in
Grimes County, Texas.
41. Lignite Lease dated January 1, 1976, and recorded in
Volume 3 Page Deed Records of Grimes County, Texas,
executed by Jessie E. Ma tham, Jr., and Texas Power Pool, Inc.,
acting as agent for Texas Municipal Power Agency and Brazos Electric
t Power Cooperative, Inc., covering 110 acres of land, more or less, a •
part of the J. C. Massie Survey in Grimes County, Texas.
42. Lignite Lease dates January 1, 1976, and recorded in
Volume r Page , Deed Records of Grimes County, Texas,
executed by Agnes K. Hensler and husband Homer L. Hensler, Jr., and
Texas Power Pool, Inc., acting as agent for Texas Municipal Power
Agency and Brazos Electric Power Cooperative, Inc:, covering 49.1
acres of land, more or less, a part of the James Tilttle Survey in
Grimes County, Texas.
43. Lignite Lease dated February 5, 1976, and recorded in
Volume , Page , Deed Records of Grimes County, Texas,
executed by Stanley T: Korbasinski and wife Ruth Kolbasinski and
Texas Power Pool, Inc., acting as agent for Texas Municipal Power
Agency and Brazos Electric Power Cooperative, Inc., covering two
tracts of land being further described as follows: (1) 49.1 acres
of land, more or less, a part of the James Tuttle Survey in Grimes
County, Texast and (2) 34.5 acres of land, more or lesi%,,a part of
the James Tuttle Survey in Grimes County, Texas.
44. Lignite Lease dated February 12. 1976, and recorded in
Volume , Page , Deed Records of Grimes County, Texan,
executed by Kate W. AIIen and Texas Power Pool, inc., acting as
agent for Texas Municipal Power Agency and Brazos Electric Power
Cooperative, Inc., covering two tracts totalling 100 acres of land,
more or less, all part of the C. 0. Edwards Survey in Grimes County,
Texas.
r~
45. Lignite Lease dated February 16, 1976, and recorded in
Volume Page , Deed Records of Grimes County, Texas,
executeg by Charles L. Colby and Texas Power Pool, Inc., acting as
agent for Texas Municipal Power Agency and Brazos Electric Power
Cooperative, Inc., covering 25 acres of land, more or less, a part
of the James Tuttle Survey in Grimes County, Texas.
46. Lignite Lease dated February 5, 1976, and recorded in
" Volume , Page , Deed Records of Grimes County, Texas,
executed ~iy Carrie Prescott and Texas Power Pool, Inc., acting as
agent for Texas Municipal Power Agency and Brazos Electric Power
Cooperative, Inc., covering 28 acres of land, more or less, a part
of the James Tuttle Survey in Grimes County, Texas.
47. Lignite Lease dated February 5, 1976, and recorded in
Volume , Page , Deed Records of Grimes County, Texas,
executer-Fy Bernice Ogg and Texas Power Pool, Inc., acting as agent
for Texas Municipal Power Agency and Brazos Electric Power Cooperative,
Inc., covering some 25 acres of land, more or less, a part of the
James Tuttle Survey in Grimes County, Texas.
48. Lignite Lease dated February 16, 1976, and recorded in
Volume , Page , Deed Records of Grimes County, Texas,
executedBy RatherinE'Farco and Texas Power Pool, Inc., acting as
agent for Texas Municipal Power Agency and Brazos Electric Power
Cooperative, Inc., covering three tracts of land further described
as follows: (1) 25 acres of lard, more or less, out of and a part
of the James W. Tuttle Survey in Grimes County, Texas; (2) 25 acres
of land, more or less, situated in James W. Tuttle Survey in Grimes
County, Texas; and (3) 44.5 acres of land, more or less, situated in
James W. Tuttle Survey in Grimes County, Texas.
49. Lignite Lease dated February 3, 1976, and recorded in
Volume' Page Deed Records of Grimes County, Texas,
execute by William McCune Robinson, 7r., Robert Mayrant Robinson,
Terry Mack Robinson, Jerry Neal Robinson, W. M. Robinson and Hester
Jones Robinson and Texas Power Pool, Inc., acting as agent for Texas
Municipal Power Agency and Brazos Electric Power Cooperative, Inc.,
covering 24.5 acres of land, more or less, a part of the Johann
Schroeder Survey .z Grimes County, Texas.
50. Lignite.Lease dated February 20, 1976, and recorded in
Volume , Page , Deed Records of Grimes County► Texas,
executeda-Ey Theodore J. Colby ani wife Bernice Colby and Texas Power
Pool, Inc., acting as agent for T-SA::; ;iuni^ipal Power Agency and
Brazos Electric Power Cooperari•ic, Ir:., covering three tracts of
land further described as follows: 20 acre tract of land, more
or less, a part of the James ruttie >:urrey in Grimes County, Texas,
(2) 18.7 acres of land, -.pore ov lay,, a part of the James Tuttle
Survey in Grimes Corinty, Texas, ario (3) !1.') acres of land, more or
less$ a part of the James. Tuttle :purvey in Grimes County► Texas.
51. Lignite Lease dated February 3, 1976, and recorded in
volume , Page , Deed Records of Grimes County, Texas,
executed by Roland c. Hill and wife Ruth C. Hill, Ida Mae Hill
Templeton, Claudia Hill Austin, et vir J. Howard Austin and Texas
Power Pool, Inc., acting as agent for Texas Municipal Power Agency
and Brazos Electric Power,Cooperative, Inc.► covering 4.95 acres of
land, more or less, a part of the P. B. O'Connor Survey in Grimes
County, Texas.
52, Lignite Lease dated March 12, 1976, and recorded in Volume
t;, !?age 7 ' ► Deed Records of Grimes County, Texas, executed
.by John H. Cuthrell and Texas Power Pool, Inc., acting as agent for
Texas Municipal Power Agency and Brazos Electric Power Cooperative,
Inc., covering 4.94 acres of land, more or less, a part of the
George Galaspy Survey in Grimes County, Texas,
53. Lignite Lease dated March 11, 1976, and recorded in Volume
y r~~ Page Deed Records of Grimes County, Texas,
executed by Errol W~-Saton and wife Gail Dean Slaton and Texas
Power Pool, Inc., acting as agent for Texas Municipal Power Agency
and Brazos Electric Power Cooperative, Inc., covering 798.377 acres
of land, a part of the Biggum White Survey, the F. W. Magee, Sr.,
Survey, the B. B. B. and C. R. R. Company Survey and the John Snyder
r Survey all in Grimes County, Texas.
54. p ignite Lease dated February 5, 1976, and recorded in
Volume , Page 1..~ , Dedd Records of Grimes County, Texas,
executea'Fy oyd Pool and Texas Power Pool, Inc., acting as agent
for Texas Municipal Power Agency and Brazos Electric Power Cooperative,
Inc., covering 127.25 acres of land, more or less, a part of the
C. O. Edwards Survey in Grimes County, Texas.
0
55. Lignite Lease dated April 14, 1976, and recorded in Volume
Page " z. , Deed Records of Grimes County, Texas,
executed by Billy hoax Hellums and wife Imogene C. Hellums and Texas
Power Pool, Inc., acting as agent for Texas Municipal Power Agency
and Brazos Electric Power Cooperative, Inc., covering 80 acres of
land, more or less, a part of the Phillip Goodbread Survey in Grimes
County.
56.' Lignite Lease dated February 5, 1976, and recorded in
volume V,)) 1 , Page , Deed Records of Grimes County, Texas,
execute~y Vivian P. Wa er and Texas Power Pool, Inc., acting as
agent for Texas Municipal Power Agency and Brazos Electric Power
Cooperative, Inc., covering 127.25 acres of land, more or less, a
part of the C. 0. Edwards Survey in Grimes County, Texas.
57. Lignite Lease dated May 26, 1976, and recorded in Volume
Page , Deed Records of Grimes County, Texas, executed
by Ernest R. Peteete and wife Vera E. Peteete and Texas Power Pool,
Inc., acting as agent for Texas Municipal Power Agency and Brazos
Electric Power Cooperative, Inc., covering 100 acres of land, more
or less, a part of the William McCoy Survey in Grimes County, Texas.
58. Lignite Lease dated May 8, 1976, and recorded in Volume
, Page , Deed Records of Grimes County, Texas, executbd
B -y Ilie Frances Stuckey and William Ferrell Stuckey and Texas
Power Pool, Inc., acting as agent for Texas Municipal Power Agency
and Brazos Electric Power. Cooperative, Inc., covering 22 acres of
land, more or less, a part of the James Tuttle Survey in Grimes
County, Texas.
59. Lignite Lease dated April 15, 1976, and recorded in Volume
"4'i', Page Deed Records of Grimes County, Texas, executed
by Howard S. Hoover, trustee, and Texas Power Pool, Inc., acting as
agent for Texas Municipal Power Agency and Brazos Electric Power
Cooperative, Inc., covering 70.952 acres o: land, more or less, a
part of the C, 0. Edwards Survey in Grimes County, Texas.
60, Lignite Lease dated July 20, 1976, and recorded in Volume
, Page / , Deed Records of Grimes County, Texas, executed
by Marshall 14 ey, individually and. as trustee, and Texas Power
Pool, Ino., acting as agent for Texas Municipal Power Agency and
Brazos Electric Power Cooperative, Inc., covering 646.445 acres out
of the George W. Seaton Survey, John C. Palmer Survey, and the
Barton Barker Survey in Grimes County, Texas.
61. Lignite Lease dated J-1y 20, 19760 and recorded in Volume
Page , Deed Records of Grimes County, Texas, executed
i
by M. P. Walker and w_fe Velma Walker and Texas Pc:wer Pool, Inc.,
acting as agent for Texas Municipal Power Agency and Brazos Electric
Power Cooperative, Inc., covering 646.445 acres out of the George W.
Seaton Survey, John C. Palmer Survey, and Barton Baker Survey in
Grimes County, Texas.
62. Lignite Lease dated July 20, 1976, and recorded in Volume
",R ; Page Deed Records of Grimes County, Texas, executed
by John B. Douc! erty, and Lucille Dougherty, and Texas Power Pool,
Inc., acting as agent for Texas Municipal Power Agency and Brazos
Electric Power Cooperative, Inc., covering 646.445 acres out of the
George W. Seaton Survey, John C. Palmer Survey, and Barton Baker
Survey in Grimes County, Texas..
r
X i
y~~~C
WARRANTY DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE. PRESENTS:
COUNTY OF HUNT X
•
Taut the CITY OF DENTON, a municipal corporation, acting herein
by and through its Mayor, of the County of Denton, State of
Texas, (hereinafter called "GRANTOR") for and in consideration of
the sum of TEN AND NO1100 DOLLARS and other good and valuable con-
sideration, receipt of which is hereby acknowledged, paid by TEXAS
MUNICIPAL POWER AGENCY, GRANTEE, a municipal power agency created
under the authority of Article 1435a, Texas Revised Civil Statutes,
(hereinafter called "GRANTEE") and in furtherance of the agreements
between GRANTOR, the other members of TEXAS MUNICIPAL POWER AGENCY,
and Brazc%F Electric Power Cooperative, izzc., has GRANTED. SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto
GRANTEE all of GRANTOR'S undivided interest (the respective undivided
interests of the co-owners being: Brazos Electric Power Cooperative,
Inc., 37.938; City of Bryan, 15.968; City of Denton, 12.79%; City of
Garland, 26.828; and City of Greenville, 6.508; the respective
ownership interests having changed since the dz. of the hereinafter
described warranty Deed of May 23, 1973, by agreement of the grantees
therein) in and to the real property known as the Greenville Fuel
Oil and Trust Terminal situated in Hunt County, Texas, and fully
described in Exhibit "A", attached hereto and incorporated herein.
TO HAVE AND TO HOLD the above described premises, together with
all and singular the rights -nd appurtenw,,ces thereto in anywise
belonging, unto the said GRANTEE, its successors and assigns forever,
and GRANTOR does hereby bind itself and its successors to WARRANT
AND FOREVER DEFEND all and singular the said premises unto the said
GRANTEE, its successors and assigns, against every person whomEoever
lawfully claiming or to claim the same or any part thereof.
WITNESS the and and seal of the City of Denton, Texas, this
_ day of 1976.
CITY OF DENTON, TEXAS
BYS
Its Mayor ~T
ATTESTS
Lft Seoretary
THE STATE OF TEXAS X
COUNTY OF DENTON X
BEFORE E, the un ersigned authority, on this day personally
appeared $,,1o+ g ,Z , Mayor Protem of the City of
Denton, Texa- sp known to mU to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, in
the capacity therein stated and as the act and deed of said City of.
Denton, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this {tL~ day of
y~aS~~i. (.tl 1976.
~ J
Notar Public in and for
Denton County, Texas
•
EXHIBIT "A"
BEING a tract and parcel of land located and situated in the County
of Hunt and State of Texas, being a tract and parcel out of and part
of a 100.2 acre tract of land in the PETER SHANKS SURVEY, ABSTRACT
NO. 1004, said 100.2 acre tract being the same land described in a
deed from B. H. Burroughs et ux to Guy Payne, dated February 4,
1961, and recorded in Volume 594 at Page 227 of the Deed Records of
Hunt County, Texas, and being more particularly described as follows:
BEGINNIC at an iron rod bearing South 89001' East 342.65 feet West
from an iron rod marking the southeast corner of a 13.38 acre tract
of land conveyed by Guy Payne et ux to Explorer Pipeline Company on
September 24, 1970, by deed recorded in Volume 691 at Page 522
of the Deed Records of Hunt County, Texas, said iron rod being
2,580.35 feet westerly from the southeast corner of the said PETER
SHANKS SURVEY;
THENCE North 0°07'56" East a distance of 1,503.34 feet to an iron
rod for a corner;
f
THENCE South 89032' East a distance of 333.85 feck to an iron rod
for a corner, said corner lying in the West boundary line of a tract
of land conveyed by Guy Payne to George Klein on September 6, 1968,
by deed recorded in Volume 672 at Page 474 of the Deed Records of
Hunt County, Texas;
THENCE South 0°09' East 1,506.48 feet along the west boundary line
of said tract conveyed by Guy Payne to George Klein to an iron rod
for a corner;
THENCE North 89601' West 341.30 feet to return to the Place of
BEGINNING, and containing 11.61 acres of land, more or less 'aid
tract being that same tract conveyed by Guy Payne and wife GeL,idyne
G. Payne to City of Bryan, Texas, City of Denton, Texas, City of
Garland, Texas, City of Greenville, Texas, and Brazos Electric Power
Cooperative, Inc., by Warranty Deed dated May 23, 1973, and recorded
in Volume 729, Page 749, Deed Records of Hunt County, Texas.
TOGETHER WITH all of grantor's other rights, title and interest
therein, if any, and all of grantor's undivided interest in all
property, real, personal or mixed, of every kind whatsoever, located
thereon.
SUBJECT TO easements of record.
~ \6
M
o s
f~
f
THE STATE OF TEXAS X
AGREEMENT
COUNTY OF DENTON X
This a#-reement entered into on this 4T day of Nova., 1976,
between the City of Denton, Texas, a home rule municipal corpora- •
tion, hereinafter called "City", and Ellis L. Uland and his wife,
Dona Uland, hereinafter called "Ulands", and the parties hereto
do contract and agree as follows:
WHEREAS, the City is engaged in a street paving assessment
whereby certain streets are paved and the adjoining property owners
are assessed a portion of the paving .:osts; and
WHEREAS, Uland Street was formerly named Fritz Street and is
one of the streets to be paved under Street Paving Assessment Pro-
ject No. 7; and
WHEREAS, it is necessary that the City purchase additional
right of way from the Ulands for the proper construction, width
and paving of Uland Street;
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES :HAT:
1. Ulands will bargain, sell, release and quit claim the
necessary right of way for the paving of Uland Street for the con-
sideration of $3,950.00.
2. That $3,950.00 is the amount to be assessed by the City
against the property owned by the Ulands for the paving.
3. That no money will be paid by the City to the Ulands, but
a credit will be made in their behalf for the paving assessment
and the assessment will be recorded as paid.
SIGNED and ENTERED this the day of NOV.'., A. D. 1976.
CITY OF DENTON, TEXAS
BYt f~
i d
L L. LAND
J),r,,,,,~ ~0 U
NA ULAND
,ice
rat' - t
x
:tAi
43
E .
ii
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Yh ,
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POWER OF ATTORNEY
KNOW ALL Iiii BY THESE PRESENTS:
That SELECT INSURANCE COMPANY. a corporation of the Slate of Texas hereinafter called Company. does hil seal a; : r !
PORTER ELLIS, WILLARD CROTTY, JAMES N. POWERS, TOM P. ELLIS, III, GLADYS EASLEY,
PETER A. RUSH, WILLIAM G, KLINGMAN, WILLIAM B. STEELE, JR,, JOHN E. RATLIFF,
WILLIAM D. BIRDSONG, DALLAS, TEXAS
Its true and lawful Allorney-infacl to make. execute, seal and deliver on its behalf, as surely, any and all bonds
and undertakings of Suretyship.
The execution of such bonds or undertakings in pursuance of these presents shall be as binding upon the Company as if they had
been executed and acknowledged by the regularly elected officers of Ih0 Company.
This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Directors of the Com•
party, adopted elleclive September 29, 1961, and now in full force and effect,
Resolved that the President or any Vice Poll or any Si may appoint Allomeys-m-lil l many Sute. territory or Federal Disl,,ct iorepresent Ihie ccmt•a x,
to act cm -Is behalf within the scope of the authonly {ranted to them in wrilmg, which aulbordy may include IM power 10 make erecvle, seal Md deurer on beha I c"^ 1
Company ii sorely. and as its act and deed any onJ a I bonds and undertakings of Suretyship and other documents that the ordinary course of Surely business may is,,, e
ndudbng authority loappoinl agents for the seni:ee Draess in any luriSd~cpon. Stale or Federal ar.d authority to auesl to the s~gna!ure of the Pres~denf or any v¢e Res
dent or any SecreUry and to verily any a hdil rr n!lier slalement retailing to the foregoing. and to cerlily to a copy of any of the bylaws of the Company and to an. rescly
horn adopled by IS Board of D,octo and any such Allorney-ll Ml "removed and the avlhonly granted him revoked by the President of any Vice President or ani
Secretary or by the Board of Diiecl )rs"
This Power of Attorney and Cerlilicate of Authority Is signed and sealed by facsimile under and by authority of the totlokving Peso
lution voted by the Board of Uhecicrs of the Select insurance Co. at a meeting duly called and held on the 241h of Jury. 1973.
' Resolved that the signabarea of warron J Ifwedar. President, or of Frederick Boger, Senior Vice Pos dent. or of Arthur : weiden. Vice Presidenl or if Jack W May
hard, Vice President, orol'willion E. Elsion, Vice Presid+nl, orof Douglas Simpson, Secretary, orof it C. Ferierston, Secretary. and the seal of the Complaint, may to afhved
by facaimpl to any powst of atlomey of to MY CerLhcale leafing Ihe,ebo appomling Attorneys on-fact for pvrpose7 only of execulmg and alresling bonds and undellill
and other wolil obligatory in the tvafure thereof, and NOV such power of atlamey or certdiula bearing Such facsimile signature OF facsi.mila scat shall be valid and binding
upon the Company and any such pr war eo executed and cerlrfied by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the lufine
f! „1o NOV bond or undnrtakmg to which 11 is attached"
with t1s0e
In wltnese Whereof, the Company has caused this Power of Attorney to be signed and its corporate seal to be affixed by its autho-
tff,'rited•otficey~this 14th day of January 19 76
4
By
.i iSE INJ, JACK w. MAYNARD V VICE PRESIDENT
STAtE OF'7EXA% S5.
COUNTY OF DALLAS
on this 14th day of January 19 76 . before me. a Notary Public of the Slate had County aforesaid fill therein, net
commissloned and Sworn, personalty Came the above named Ulllcer of the Company, who being by me first duly sworn according to law, did depose and Say that he is Ihaf
bill of the Company described in and which a,eculed Ilie foregoing Instrument that he shows the seat of the Company that the seal Blued 10 ouch in514urshi is the
corporate sealot fne Company and that the corporate seal and his signature as such o9icef weMOffixed and subscribed to the said Instrument by the julrdl and dill
of the Company
ISEAL) ii
CLIFFORD R. BEARD No ARV PUBLIC
Mir ddKFroi yin?f 4 nplres the lot day of June 19 77 .
CERTIFICATE
rl' t, the undeiylgyfri do hereby certify that the original Power of Attorney of which the foregoing is a true and corlecl copy is in full
IhrcejpaplIpol,'and the foregoing resolution Is a true and CoaraCl trdr.;cript from the records of the Company, and that the above
f tia vl Iwas,on the date of execution of the foregoing Pov er of Attorney authorized to execute this Power of Altofney.
"Ig
~l oyh v• Ithgavhereunto subscribed by name and affixed the corporate seat of the Company this day lilalo"
4 DOu0LA9 filmil N IIECRETARY
Form 15 try 19131
~
~
~
~
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r
SELECT INSURANCE COMPANY
DALLAS, TUAS
STATUTORY PERFORMANCE BOND
Pursuranl to Article $160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, Regular Session, 1959
KNOW ALL MEN BY THESE PRESENTS, That JAGOE-PUBLIC COMPANY
4
(hereinafter called the Principal), as Principal, and SELECT INSURANCE COMPANY, incorporated under the
laws of the State of Texas with Home Office in Dallas, Texas (hereinafter called the Surety), as Surety, are held
and firmly bound unto CITY OF DENTON TEXAS
w
(hereinafter called the Obligee), in the amount of THIRTY FIVE THOUSAND, ONE HUNDRED FIFTY
ONE AND 40/100 Dollars
35,151.40 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, oxecutors, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 4TH day of
NOVEMBER 1976 ,tc CONSTRUCT PAVIN,3 AND DRAINAGE IMPROVEMENTS
ON THE BELL AVENUE EXTENSION PROJECT
whlch contract Is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, 'T'HEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if she said Principal ehall faith-
fully perform the work in accordance with the plus, specifications and contract documents, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond Is execudd pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all Ilabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at
length herein.
It; WITNESS WHEREOF, the said Principal and *urety have signed and sealed this instrument this 15TH day,
Of NOVEMBER 19 76
JAGOE-PUBLIC COMPANY
(vdeattval)
Et I-IS C77
u,..,, -
SELECT INSURANCE M ANY
Puhtic Work TCi. 14} 41 I 1 gy_
roan 3 ASA troxas) 541 Attoreer•to-lad
James N. Powers
SELECT INSURANCE COMPANY
DALLAS, THAS
STATUTORY PAYMENT BOND
Pursurant to Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, Regular Session, 1959
KNOW ALL MEN BY THESE PRESENTS, That JAGOE-PUBLIC COMPANY
(hereinafter called the Principal), as Principal, and SELECT INSURANCE COMPANY, incorporated under the
laws of the State of Texas with Home Office in Dallas, Texas (hereinafter called the Surety), as Surely, are held
r
and firmly bound unto CITY OF DENTON, TEXAS
(hereinafter tailed the Obligee), in the amount of THIRTY FIVE THOUSAND, ONE HUNDRED FIFTY-
ONE AND 40/100 -----------------------------------------------------Dollars
35, 151.40 -)for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the4T1L-day of
NOVEMBER ,19Z-E-, I CONSTRUCT PAVING AND DRAINAGE IMPROVEMENT.
ON THE BELL AVENUE EXTENSION PROJECT
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article S160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at
length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument thislSTH day
CL NOVEMBER lg]~
JAGOE-PUBLIC COMPANY
(PrtnelyaU
9Ys i
U. I SELECT INSURANCE COMPA Y
Puwtid Wort TO. (2111) / 4 4.4 :,11 B 1.✓~ r3-~ , -~-e~
ro m S MIS (Texas) 0-5I y Altomer-sr-feet
amen N. Powers
No.
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF DENTON RELATING TO THE
TRANSFER AND SALE OF CERTAIN PROPERTIES
AND PROPERTY RIGHTS BELONGING TO THIS
CITY TO THE TEXAS MUNICIPAL POWER AGENCY;
REPTALING AN ORDINANCE OF CITY OF DENTON;
DECLARING AN EMERGENCY; AND RESOLVING OTHER
MATTERS IN CONNECTION THEREWITH AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the TEXAS MUNICIPAL POWER AGENCY ("TMPA") has been
heretofore created and established as a municipal corporation, a
political subdivision of the State of Texas, and a body politic and
corporate, by the Cities of Bryan, Denton, Garland and Greenville,
Texas ("The Cities"), and
WHEREAS, Brazos Ele"tric Power Cooperative, Inc., ("Brazos")
and the Cities are the joint owners of that certain tract of land
in Hunt County, Texas, that is described in a deed in which they
are the grantees dated May 23, 1973, recorded in Volume 729, Page
749 of the Deed Records of Hunt County, Texas, together with the
fuel oil and truck terminal which is located thereon ("oil terminal"),
and
WHEREAS, pursuant to a common lignite fuel development plan
Brazr,s and the Cities, by and through lignite leaseu, options to
lease, exploration contracts and other instruments executed pursuant
to or in contemplation of a Lignite Joint Ownership Agreement dated
April 28, 1975, have conducted exploration for lignite and have
acquired jointly certain interests in real property in various
counties in Texas, and the lignite located in and under such real
4
property, in the name of Brazos Electric Power Cooperative as
Trustee for the Texas Municipal Power Pool, which agreement provides
that Brazos will not transfer or otherwise dispose of the interest
of a participant to such agreement without the written consent of
the participant, and ,
WHEREAS, TMPA, Brazos and Texas Power Pool, Inc. ("TPPI"),
entered into an agreement dated October 30, 1975, entitled "Pre-
liminary Participation Agreement" pursuant to which additional
exploration has taken place and interests have been acquired in
lignite through leases, options to lease or other instruments, with
title to such interests being held by TPPI as agent for TMPA and
Brazos, and TMPA and Brazos, and TPPI and Brazos have entered into
other agreements for the development of fuel resources, planning
electrical generation facilities, and performing certain services in
furtherance of the Lignite Joint Ownership Agreement and the Pre-
liminary Participation Agreement, and
WHEREAS, pursuant to the foregoing agreements and other joint
undertakings, the cities have acquired interests in real property,
(the 'Lignite properties") and have acquired the results of testing
and exploration for lignite'(the "exploration results"), and have
developed plans for the development of fuel resources and generation
facilities, (the "fuel development programs") and
WHEREAS, by Memorandum of Agreement dated September 16, 1976,
between TMPA and Brazos, Brazos has agreed to convey to TMPA the
interests of Brazos in the Oil Terminal, the lignite properties, the
exploration results, and the fuel development programs in exchange
for the reimbursement to Brazos for capital contributions made by
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Brazos to the various joint projects, and the assumption by TPIPA'of
all obligations of Brazos associated therewith, and
WHEREAS, TMPA has expressed a desire and willingness to acquire
the interest of the Cities and Brazos in the Oil Terminal, the
lignite properties, the exploration results, and the fuel development
programs in exchange for the reimbursement to all parties by TMPA
for the capital contributions made by each party +:o such projects,
and the assumption of all obligations associated therewith, and all
of such parties have indicated an agreement that TMPA may better
administer, handle, and own such properties, and that legal title
thereto should be vost.ed in TMPA;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS :
SECTION 1. It is hereby found that the interest of the City in
the properties described in the preamble hereof:
(a) Could best be utilized and administered by Texas Municipal
Power Agency, that such use and administra~;ion by Texas
Municipal Power Agency would be a higher public use and a
paramount public purpose since the same could be accomplished
at a savings to the City, but without adversely affecting
t:ie rights of the City under its agreements with Texas ~
Municipal Power Agency; and
(b) Are to be transferred by the voluntary action of this
City, rather than requiring Texas Municipal Power Agency
to exercise the power of eminent domain, and
(c) Are to be purchased by Texas Municipal Power Agency by the
payment to this City of all capital contributions made by
-3- WMJ
this City to such joint projects, as heretofore agreed
upon, and the assumption of any obligations of this City
associated therewith, which the City Council finds will
represent replacement by property of equal value, and
(d) Are not to be used by this City for the purpose of pro-
viding fuel for the electric generating facilities of the
City (insofar as the lignite is concerned) since this City
has determined that lignite fired generation facilities
are not to be constructed by this City but may best be
constructed by Texas Municipal Power Agency for the
' benLV{ of or use by all of the Cities mentioned in the
preamble hereof.
SECTION 1. At such time as conveyances, assignments or other
instruments of transfer have been prepared and approved by the City
Attorney, the Mayor is authorized to execute such instruments of
conveyance, assignment or transfer as may be necessary to convey,
assign and transfer to Texas Municipal Power'Agency the following:
(a) All right, title and interest of this City in the fuel oil
and truck terminal,
(b) The undivided interest of this City in the lignite prop-
erties whether through options for lignite leases or for
purchase of the fee title, lignite leases or purchases of
the fee title or other items, including all of such
interests in real property that lave been acquired in the
name of Brazos Electric Power Cooperative, inc., or Texas
r
Power Pool, inc., as trustees or agents for this City,
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(c) The undivided interest of this City in the Bryan lignite-
fuel development program and the other fuel development
programs and in the exploration results involving, among
-.thers, Van Zandt, Marion, Madison, Brazos, Grimes,
Burleson, Fayette, Wood, Hopkins and Franklin Counties,
Texas, including all logs, cores, surveys, tests, reports
and other information developed pursuant thereto, and
all claims, interests, rights and causes of action connected
therewith.
SECTION 3. Brazos Electric Power Coopertive, Inc., and Texas
Power Pool, Inc., are hereby authorized, to the extent necessary, to
execute, on b,nalf of this City, conveyances, assignments or other
instruments of transfer to Texas Municipal Power Agency conveying,
assigning and transferring any interests they may hold as Trustee or
Agent for this City in any prooerty or property rights described in
Section 2, above.
SECTION 4. The conveyances, assignments and transfers to be
executed by the Mayor pursuant to Section 2, above, shall be de-
livered to Texas Municipal Power Agency when payment is made to this
City of equal value, but pending such payment and delivery Texas
Municipal Power Agency, as agent for this City, is hereby authorized
to use, manage and administer such property and property rights on
behalf of this City without further authorization than this ordinance.
SECTION 5. Ordinance Number 75-50 , adopted the
2nd day of December , 19 75 , is hereby repealed.
SECTION 6. All the recitals and preamble hereinabove stated
are found to be true and correct.
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SECTION 7. It is officially found and determined that this .
meeting of the City Council is open to the public as required by law
and that public notice of the time, place and purpose of the meeting
was given as required by law.
SECTION 8. The public importance of this measure and the fact
that it is to the best interest of the City to accomplish the
transfers herein contemplated at th:e earliest possible date con-
stitutes and creates an emergency and an urgent public necessity,
requiring that any rule,providing for ordinances to be read more
than one time or at more than one meeting of the City Council be
suspended, and requiring that this ordinance be passed and take
effect as an emergency measure, and any such rules or ;)rovisions are
hereby suspended.
APPROVED and ADOPTED this 5;k day of , 1976.
o MAYOR OF THE cI DENTON, TEXAS
ATTES
KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
PAUL C. ISLAM? CITY ATTORNEY
CITY OF DENTON, TEXAS
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1 .
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Lj) `
0
4
s.
OATH OF OFFICE
I, FRANK DAVILA 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 Chartar and Ordinances of this City.
Subscribed and sw to before me the undersigned on this the
day of z / , A.D. 19 7 6 . To certify which
witness my an an sea of off ce.
ECRETAR
CITY OF DENTON, TEXAS
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I
THE STATE OF TEXAS X
AGREEMENT
COUNTY OF DENTON X
THIS AGREEMENT, made and entered into this 4th day of
November, A. D. 1976, by and between the City of Denton of the
County of Denton and State of Texas, acting through its Mayor,
Elinor Hughes, thereunto duly authorized so to do, Party of t%e
First Part, hereinafter termed OWNER, and Party of the Second
Part, hereinafter termed CONTRACTOR.
WITNESSETH:
That for and in consideration of the payments and agree-
ments hereinafter mentioned, to be made and performed by the
Party of the First Part (OWNER), and under the conditions ex-
pressed in bond bearing even date herewith, the said Party of
the Second Part (CONTRACTOR) hereby agrees with the said Party
of the First Part (OWNER) to commence and complete the construc-
tion of certain improvements described as follows:
"the paving and drainage improvements included as a
part of the Bell Avenue Extension Project, as desig-
nated by the City Council of the City of Denton
and all extra work in connection therewith, under the terms as
stated in the General Conditionr of the Agreement and at his
(or their) own proper cost and expense to furnish all the
materials, supplies, machinery, equipment, tools, superinten-
dence, labor, insurance, and other accessories and services
necessary to complete the said construction, in accordance
with the conditions and prices stated in the proposal attached
hereto, and in accordance with the Notice to Contractors, General
and Special Conditions of Agreement, Plans and other draw-
ings and printed or written explanatory matter thereof, and
the Specifications and addenda therefor, as prepared by the
City Engineer for and in behalf of the City of Denton, Texas,
herein entitled the ENGINEER, each of which has been identi-
fied by the CONTRACTOR and the ENGINEER. together with the
CONTRACTOR'S written Proposal, the General Conditions of the
Agreement,, and the Performance and Payment Bonds hereto at-
tached; all of which are made a part hereof and collectively
evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within
fifteen (15) days after the date written notice to do so shall
have been given to him, and to substantially complete the same
on or before March 1, 1977.
The OWNER agrees to pay the CONTRACTOR in current funds
the price or prices shown in the proposal, which forms a part
of this contract, such payments to be subject to the General
and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have
executed this Agreement in the year and day first above written.
} CITY OF DENTON, TEXAS
PARTY OF THE FIRST PART PARTY OF SECOND PART
OWNER
`,k ' ATTEST: ATTEST:
LONE STAR GAS COMPANY
STATEMENT OF GAS PURCHASED DURING THE MONTH OF OCTOBER, 1976
AND DETERMINATION OF THE AUTHORIZED CITY GATE RATE*
ADJUSTED FOR CHANGE IN COST OF GAS PURCHASED IN
ACCORDANCE WITH ORDER OF THE RAILROAD COMMISSION OF TEXAS
UNDER DOCKET NO. CUD-588
•
Line Average
No. MCF Price Amount
1 Purchased From Non-Affiliated Suppliers 33 820 937 $ 1.3170 $ 44 543 422
2 Purchases From All Sources 37 535 161. 1.2913 48 468 261
3 Lesser of Linea 1 and 2 $ 1.2913
4 Average Purchase Price GUD-588 .7229
5 Difference Between Actual and Base Prices .5684
6 Gas Cost Adjustment (85% of Line 5) .4831
7 Base City Gate Rate Authorized Under GUD-588 1.0399
8 City Gate Rate to Become Effective November 20, 1976 $_I.5230
slntracompany charge for gas delivered to Distribution Division for sale to
residential and commercial customers and for distribution unaccounted-for gas.
Notes Purchases of 503,682 Mcf in the amount of $309,361.48 have been excluded
because this gas is sold before entering Loae Star Gas Company facilities.
I hereby certify that the above is true and correct to the beat of my knowledge
.nd belief.
For: Lone Star Gas Company
Dates November 10, 1976 By: h
Titles tisalstant Coutroller
FORM SIO~ r7'zd
LONE STAR GAS COMPANY
STATEMENT OF INTENT TO CHANGE RATES
(Article 1446c § 43(a) V.A.T.C.S.)
Sec. 43(a) No utility may make changes in its rates except by filing a statement of intent with the regulatory authority having
original jurisdiction at least 35 days prior to the effective date of the proposed change. The statement of intent shall include
proposed revisions of tariffs and schedules and a statement specifying in detail each proposed change, the effect of proposed change
is expected to have on the revenues of the company, the classes and numbers of utility consumers affected, and such other infor-
mation as may be required by the regulatory authority's rules and regulations. A copy of the statement of intent shall be mailed or
delivered to the appropriate officer of each affected municipality, and notice shall be given by publication in conspicuous form and
place of a notice to the public of such proposed change once in each week for four successive weeks in a newspaper having general
circulation in each county containing territory affected by the proposed change, and to such other affected persons as may be
required by the regulatory authority's rules and regulations.
1) Pronosed Revisions of Tariffs & Schedules
(a) RATES
Rate 1
First 125 MCF or less f $ 202.50
All Over 125 MCF @ $ 1.58 per MCF
Rate 2
First 600 MCF or less S 906.00
All Over 600 MCF @ $ 1.435 per MCF
Rate 3
First 1250 MCF or less $1,750.00
All Over 1250 MCF @ $ 1.375 per MCF
School Rate
First 150 MCF @ $ 1.61 per MCF
Over 150 MCF @ $ 1.56 per MCF
Minimum Monthly Bill $10.00 per Meter installation
(b) ADJUSTMENT FOR GAS COST
The foregoing rates are based upon a weighted average cost of gas purchased by Lone Star Gas Company of $1.00 per
1,000 Cubic Feet (MCF) based upon 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.
Whenever the weighted average cost of gas purchased is more or less than $1.00 per MCF, the amount billed under this
schedule shall be increased or decreased by the amount of such difference multlipied by the consumption in MCF,
without adjustment for heating value.
Company, from time to time, may be required by the terms of a gas purchase contract (including an agreed settlement
of a disputed claim) or by a determination of a regulatory body or court to make additional payments with respect to
gas previously purchased by Company. In such case appropriate adjustments to compensate therefor shall be made in
the price payable for gas hereunder as soon as practicable after the time of such payment so that Customer shall bear a
proportionate part of any such payment which has not been previously included in the weighted average cost of gas
purchased as defined above.
2) Statement of Changes
Lone Star Gas Compary seeks to Implement Schedule of Industrial Rates-N, Rate Schedule for Public Free Schools-N
and Schedule For Industrial Rates-N for Agencies of the State or Federal Government throughout the service area.
Service to customers qualifying for these rates is governed by a Contract For Industrial Gas Service. Rate Schedules-N
Will be Implemented on the current contract expiration date for each industrial customer currently purchasing gas from
Lone Star Gas Company. The proposed Schedule of Industrial Rates-N, Rate Schedule for Public Free Schools-N and
Schedule For Industrial Rates-N for Agencies of the Stale or Federal Government reflect a base gas cost adjusted from
80 cents to $1.00 per Mcf. The cost of service Is to be increased by S cents per Mcf. Schedule of Industrial Rates-N,
Rate Schedule for Free Public Schools-N and Schedule For Industrial Rates-N for Agencies of the State or Federal
Government provide an adjustment so that industrial customers bear a proportionate part of any additional payment
resulting from terms in gas purchase contracts or determinations of a regulatory body or court. The aggregate revenue
of Lone Star Gas Company for 1975 from sales In Denton to all classes of customers served off of the
roaM'saa +o~~ '
2) Statement of Changes (Cont)
Denton distribution system was $7,044,035 It is anticipated
that the Increased cost of service under Schedule of Industrial Rates-N, Rate Schedule for Public Free Schools-N and
Schedule For Industrial Rates-N for Agencies of the State or Federal Government will result in $24,607
additional annual revenue to Lone Star Gas Company in Denton -based upon a total
1975 industrial sales volume of 492,145 Mcf.
The GENERAL TERMS of the Contract For Industrial Gas Service to be offered current customer, with Schedule
of Industrial Rates-N, Rate Schedule For Public Free Schools-N and Schedule for Industrial Rates-N for Agencies of
the State or Federal Government will contalthEE following revision from the Contract For Industrial Gas Service
currently on file with the City of n on and use throughout the service
area of Lone Star Gas Company:
I.
(a) Company's Schedule of Industrial Rates may be revised from time to time in the future,
and any such revised or new Schedule of Industrial Rates, when duly approved by an authorized
regulatory authority or otherwise lawfully established, shall be applicable to gas purchased and
sold under this contract commencing with gas delivered after the effective date of such change.
Company shall give Customer written notice of any such change, together with a copy of the re-
vised Schedule of Industrial Rates, and Customer may cancel this contract by written notice to
Seller within thirty (30) days following the date of Company's notice, which cancellation shall be
effective fifteen (15) days after receipt of such notice by Company; provided the new or revised
rate shall be payable for gas service during any applicable period before cancellation. If Customer
fails to give the Company such notice of cancellation, this contrast shall continue. The notices
herein provided for shall 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, pustage
prepaid.
3) Effect of Proposed Changes
The proposed increase will not constitute a major change.
4) Class of Customers Affected 5) Number of Customers Affected
Industrial 31
6) Other Information
(a) The effective date of the proposed change of industrial rate is December 30, 1916.
(b) The proposed Contract for Industrial Gas Service, the Schedule of Industrial Rates-N, Rat,6
Schedule for Publie Free Schools-N and Schedule for Industrial Rates-N for Agencies of the State
or Federal Government are attached to this Statement of Intent to Change Rates.
Signature; Title Date
C~iLrQtL_ t,G~ Manager November 11) 1976
FORM 5808 10/76 '
6.) OTHER INFORMATION (continued);
The second paragraph under Curtailment in the Schedule of Industrial
.Rates-N for Agencies of the Statepor Federal Government will contain the
following revision from the Schedule of Industrial Rates-M for Agencies of
the State or Federal Government currently on file with the City:
Customer shall receive 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, riot 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 any other rate within
Company's then applicable Schedule of Industrial Rates for
Agencies of the State or Federal Government. For the purposes
hereof the fiscal year for Federal Agencies shall begin on
O-tcker 1 of each year and for State Agencies on September 1
of each year. Company may revise its Schedule of Industrial
Rates for Agencies of the State or Federal Government from
time to time in the future, and any such revised or new Schedule
cfIndustrial Rates for Agencies of the State or Federal Govern-
ment, when duly approved by an authorized regulatory authority
or otherwise lawfully established, shall be applicable to gas
purchased and sold commencing with gas delivered after the
effective date of such change. Company shall give Customer
written notice of any such change, together with a copy of the
revised Schedule of industrial Rates for Agencies of the State
or Federal Government, and Customer may cancel this request for
service by written notice to Seller within thirty (30) days
following the date of Company's notice, which cancellation s.-all
be effective fifteen (15) days after receipt of such notice by
Company= provided the new or revised rate shall be payable for
gas service during any applicable period before cancellation.
If customer fails to give the Company such notice of cancellation,
this request for service shall continue under the new rate.
I
FORM 274 10176
CONTRACT FOR INDUSTRIAL GAS SERVICE
LONE STAR GAS COMPANY, called "Company", agrees to sell and deliver natural gas to
called "Customer," whose mailing address is _
and Customer agrees 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 (i ) 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, and Customer shall not
use gas under this contract for service other than that classified by Company 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; pro-
vided, however, it is understood the Rate Schedule applicable to such service may be changed from time to time as
provided In Article I of the General Terms. For any succeeding contract year Customer may, at his :,ption, and upon
written notice to Company of his Intent to do so, elect to receive service under this contract at any rate within the
Company'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.
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 I through VII,
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 w%tten consent of Company.
WITNESS THE EXECUTION HEREOF as of the day
of 19
LONE STAR GAS COMPANY
By By
Title Title
'CUSTOME I." "COMPANY"
Sales Tax Exempt - Yes ❑ No ❑ Customer's Deposit
Inside ❑ Outside r] City Limits Approved
GasN Is not C measured thru TPMS Date Servlce tnauitwated
Contract Year Commences
FORM 275 10/76
GENERAL TERMS
1.
(a) Company's Schedule of Industrial Rates may be revised from time to time in the future,
and any such revised or new Schedule of Industrial Rates, when duly approved by an authorized
regulatory authority or otherwise lawfully established, shall be applicable to gas purchased and sold
under this contract commencing with gas delivered after the effective date of such change. Company
shall give Customer written notice of any such change, together with a copy of the revised Schedule
of Industrial Rates, and Customer may cancel this contract by written notice to Seller within thirty
(30) days following the date of Company's notice, which cancellation shall be effective fifteen (15)
days after receipt of such notice by Company; provided the new or revised rate shall be payable for
gas service during any applicable period before cancellation. If Customer fails to give the Company
such notice of cancellation, this contract shall continue. The notices herein provided for shall 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 guars ntee the payment of
gas bills hereunder and all other bills due by Customer to Company. All money deposited by Cust-
omer 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 contract. Upon the termi-
nation of this contract, said deposit, plus any accrued interest thereon, less any amount due Company
by Customer, shall be refunded to Customer.
I!.
(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 at a place mutually agreed upon. Customer shall provide,
in accordance with Company's specifications, the necessary service line un 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 1s located on Customer's
premises from damage and shall permit no person, other than an agent of Company, or a person other-
wise lawfully au.norized, to tamper with, inspect or remove same. All property belonging to Com-
pany 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 con-
nected 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, slate 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
a gauge pressure of 4 ounces per square inch. All volumes of gas measured at a gauge pressure other
than 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 inch. In such computations a value of 14.4 pounds per square inch shall be used for atmos-
pheric pressure and a value of 60 degrees Fahrenheit shall be used for the base and flowing tempera-
ture cf 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 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 accurately. No adjustment or correction for
meter inaccuracy or failure shall he made for a period longer than 90 days.
i
III.
Gas shall be delivered to Customer at Compar:y's operating pressure al 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
bei-ig hereby assumed by Customer. IV.
(a) Company shalt have the right at any a3 ,d all times, with nr without notice,',, immediately
discontinue, in whole or in part, the supply of gas hereunder if in u.e opinion of Cor'ir'any a Contin-
uation of the supply under this contract would ad,erscly affect, jeopardize or threaten adequate ser-
vice to Company's domestic or commercial customers or hazard, jeopardize or threaten adequate
service to other industrial ga, customers having priority of service under Company's Schedule of
Industrial Rates; and Custumcr hereby ac;' . izcs Company so to do and agrees that Company shall
never be liable in damages or otherwise on .,count of hav ng exercised such rights.
(b) Gas sold and service rendered hereundei shall be subject to the priority of service provided
in the Schedule of Industrial Riles, and Customer agrees to select nereunder the rate which affords
priority of service necessary :utd hest suited to Customer's pare;:ular type of operations. When not!.
fied by Company to do so), Custumcr agrees to curisi! or discontinue the use of gas hereunder in usn-
formity with the service priority provided for in this eontrac' and in the Schedule of Industrial Rates.
If Customer classifies his business and operations as t sing c &rntial to the public health and safety and
considers continuity of his fuel service essential to 1 he pubic welfare, then he shall provide stand-by
fuel and equipment adequate to meet his fuel rcuuircmaris during periods of interruplicia of gas
service under this contract. Company cannot and c'ocs not guarantee a constant supply of gas here-
under. Inability or failure of Company to de'iver or Custumcr to receive or perform this cun!i act
shall nut be the basis of claims for damages susla',ned by either party or for breach of contract when
due ru Act of mud or governmental authority, the elements, IaPor twuhles, Fires, accidents, breakage,
repair or cha, of or obstructions in pipelines, equipment or machinery, depletion or failure of gas
supply, fluetua, ors in gas pressure, demancs 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. ` '
If Customer shall fail to pay hills for service within twenty (20) days from date they are
rendered hereunder or shall otherwise default under this contract, Company may suspend ser:ee and
deliveries of gas and such suspension shall not prevent enforcement by Company of any other of its
legal ri hts. Waiver by Wmpany ,1 + parlicul.rr dcfauit hereunder shall not be dcemrcJ a waiver of
subsequent defaults whether similar or imildr.
VI.
This contract is expressly made subject to all present or future valid rule:, orders or regulations
of duly constituted governmental authorities having jurisdiction over the subject matter hereof,
VII.
This contract supersedues and extinguishes all prior eentracts between the parties, or their
respective predecessors in interest, for gas at the location and for the purposss herein designated; and
constitutes the entire contract between the partiss. No representation or statement of any representa-
tive of Company shall be a part of this contract nor a inducement to the execution hereof unless
incorporated fully herein.
I
L.~ J
FORM 207 10176
SCHEDULE OF 114DUSTRIAL RATES - N
STATE OF TEXAS
Availability:
The rates hereinafter set out are available to gas customers who can be served from, and without exceed;ng 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 rejulations 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 and shall be available to schools, churches, rooming or boarding
houses, orphan.ges, homes for the elderly, dormitories, hospitals, motels, hotels, apartment buildings or other build ngs used
primarily as living quarters, or any other use which may be considerell human read, only if Customer has standby equipment
for the use of other fuel of at least equal capacity to that norm il; regwred by the Customer, and fuel In storage in an
amount adequate to fulfill Customer's fuel requirements duringperlods 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 deter-
mination shall be the sole responsibility of Customer.
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 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 execution of such temporary contract,
of a non•refur ie amount which shall be the estimated cost of installing and removing facilities necessary to provide such
service.
Measuremeot 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 tf~is 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 s tch till is rendered Is for 16 days or rrore.
Whenever the initial service period is for 15 days or less during a billing period, :ustomer's consumption shall be carried
forward and added to Customer's consumption during the next succeeding month .ervice 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 priority. Service shall be furnished by
Compam and received by Customer In accordance 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 I
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 13,000 Mcf or more on an average d y) requirements for feedstock
and process gas needs.
5. Industrial requirements not specified in prioriCes 3, 4, or 6.
6. (a) Boiler and other indirect flame applications (300 Mcf or less on an average day)
with alternate f let capabilities.
(b) Boiler fuel and ether indirect flame applications (more than 300 Mcf on an aver
age 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 aver-
age day) with alternate fuel capabilities.
(3) Public Free School Rate service
(4) Industrial Rate 2 servlce
(5) Industrial Rate 3 service
(5) Special Electric Generation service
(6) Dump interruptible sales made subjec': 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 agreeable to selling and Buyer may be agreeable to buying from time to time.
Monthly Rates:
Subject to Compan /'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 $202.50
All over 125 M-f @ 1.58
RATE 2
First 600 Mcf or less $906.00
All over 600 Mcf @ 1,435
RATE 3
First 1,250Meforless $1,750.00
All over 1,250 Mcf ® 1,37S
k
N
'L
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) pcr cubic foot. Should the average total healing 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 he 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 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,
Adjustment for Gas Cost:
The foregoing rates are based upon a weighted average cost of gas purchased by Lone Star Gas Company of $1.00 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. Tile "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 mordor less than $1.00 per Mcf, the amount billed under this
schedule shall be increased or decreased by the amount of such difference multiplied by the consumption Ir. Mcf, without ad.
justment for heating value. In applying the gas cost adjustment clause, the aJjustment shall be computed to the nearest one.
hundredth of one cent.
Company, from time to time, may be required by the terms of a gas purchase contract (including an agreed settlement
of a disputed claim) or by a determination of a regulatory body or court to make additional payments with respect t i gas
previously purchased by Company, in such case, appropriate adjustments to compensate therefor shall be made In the price
payable for gas hereunder as soon as practicable after the time of such payment so that Customer shall bear a proportionate
part of any such payment which has not been previously included in the weighted average cost of gas purchased as defined
above.
Adjustment for Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a proporlion:.te 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 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 1, 1976, (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).
r
,Form 208 10176
Lone Star Gas Company
RATE SCHEDULE FOR PUBLIC FREE SCHOOLS - N
STATE OF TEXAS
AvaNbility:
Upon; the terms and conditions recited herein and in the contract of which this Rate Schedule forms a part, the rate set
out below shal16! available to any fully tax supported publi: 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-
tioaal training, and fcod preparation for students, faculty, and persons other than the general public, provided all usage may
be measured through a single meter Installation. Gas delivered 1.ereurder shall not be available for residential dwelling use,
for standby use', nor `or redelivery or resale to others, nor to private schools or tax supported schools above the high school
grade level.
Measurement and Bi'fing:;
Amounts bil'ed shall be due and payable within ten (10) days from monthly billing date.
When any ,Ingle school district or city or town has school buildings at more than one loca'lon therein, the Company will
combine the veiume 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 1 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 Mcf @ $1.61 per Mcf
Over 150 Mcf @ 1.56 tier Mcf
Minimum Monthly Bill $10.00 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 than1,000'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 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 tests or the use of recording
calorimeters.
Adjustment for Gas Cost:
The foregoing rates are based upon a weighted average cost of gas purchased by Lone Star Gas Company of $1.00 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 paid or accrued by Company (as reflected by Company's Gas
Purchase Accounts), including nny 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 pert d.
Whenever the weighted average cost of gas purchased Is more or less than $1.00 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 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,
Company, from time to time, may be required by the terms of a gas purchase contract (including an agreed settlement
of a disputed claim) or by a determination of a regulatory body or court to make additional payments with respect to gas
previously purchased by Company. In such case, appropriate adjustments to compensate therefor shall be made in the price
payable for gas hereunder as soon as practicable after the time of such payment so that Customer shall bear a proportionate
part of any such payment which has not been previously Included in the weighted average cost of gas purchased di defined
above.
Adjustment for Taxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amount equivalent to a proportionate part of a'l taxes ce rentals which now are or
which may be levied, charged or Imposed by any governmental body under authority 3f any law, ordinance or contract for
the use of the public streets, alleys and thoroughfares in the conduct of Company's bffsiness, or because of Cor.tpany'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 1, 1976, (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).
4
FC, M•206 ] 0116
LONE STAR GAS COMPANY
STATE OF TEXAS
SCHEDULE OF INDUSTRIAL RATES - N
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 the 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 Indus-
trial 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 foi the individual use of cus-
tomer and shall not be resold.
These rates shall not be available'to residential customers and shall be available to schools, churches, rooming or board-
ing houses, orphanages, homes for the elderly, dormito: ins, hospitals, motels, hotels, arartment buildings or other buildings
used primarily as living quarters, or any other use whirn may be consider^d human need, only if Customer has standby equip-
ment for the use of other fuel of at least equal capa0v to that bon-nally rn t, ?red by he Customer, and fuel in storage In an
arrount adequate to fulfill Customer's fuel requirements during periods of curtailment, interruption and discontinuance of
r gas service. Company shall not be responsible for determining the type or amount of standby fuel or equipment; such deter
mination shall be the sole responsibility of Customer.
Measurement and Billing; It
The gas shall be measured at a sinr,le meter location and shall not be combined with gas measured through any other
meter location for the purpose of billing under thi! schedule.' Amounts billed shall be due and payable within ten (10) days
from monthly billing date.
Tne 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 i^.rvice periud for billing purposes.
Curtailment;
qqq'' 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
I Residential and Commercial Rate service and industrial service having a higher priority, Service shall be furnished by Com-
pany and received by Customer in ecr; ,;once with the following order of priority:
f• (1) Residential and Commercial Rate service
tr};; (1) Military Rate Service ,
A
~ts Customer Name Account No.
Ix
Service requested at Rate Requested by_ i _
.sr
1
Inside 0 Outsldd ❑ City Limits Fiscal Year _
Gas Is 0 Is not U measured [hru TPMS
F.ffrctiveDalt__..
(2) Industrial Rate I scrvicc
the following priorities in dcscesdine iw&r sha l he observed as sub-priorities for Rate I:
I. Small eu mmereial (Less Ih,io I I lf) Act on a peak day)
2. Large crnhmcrcial (100 Alcr or more r n a peak day) and industrial regvitements
for pilot lights and plant proicuion gas.
3. Sm,ill industrial (less than 3,000 Mcf on an average day' requirements for Icedstoek
and process gas needs.
4. Large industrial (3,000 Mcf or mur • on an average day) requirements for feedstock
and process gas needs.
5. lnduslnal requirements not specified in priorities 3, 4 or 6.
6• (a) Uaif:r and other indirect flame applications (300 F1ef or less on an average day)
with aliernate fuel capabilities.
(h) $oile, furl and other indirect flame applications (more limn 300 Alef (in an aver-
age day , nd less than 3,000 islef on an average d,ty) with allcrnate furl empabitilics.
(c) Boiler furl and other indirect Ilan a applications (3,000 Mc( or more on an aver-
age day) will, ilinnate fuel eap4-iltr.tcs.
(3) Public Sch6ols Flare service
(4) Industrial Rate 2 sci vice
(5) Industrial Rate 3 service
(5) Special Electric Generation scrvicc
(6) Dump inIerruplih6, sales made subject In interruption or eurI.Wric it al Sclicr'ssolo dis•
eretion under eontr rcts or tarifls4which provide in ellecl Ir,r the sale of such gas as Seller
may be agreeable to selling and Buyer may be agreeable to buving from time to time.
Customer shall receive crvice under its choice of one of the following rates, and the rate so seiected by Customer shall
remain in effect until changed by Customer or Company in Ihr. manner herein provided. Customer may, not later than lwcnty
(20) days afbsr the beginning of any llSeal year of Customer, notify Company in suiting of its election to receive service dur•
ing such fisca year under any other rate within Company's then applicable Schrduir of Industrial Rates for Agencies of the
State or Fede at Government. For the purposes hereof the fiscal year for f edri.d rs. ics shall begin on October 1 of each
year and for State Agencies on September I of each year,. Company may revise its Sehrslule of Industrial Rates for Agencies
of the State or Federal Governr,enl from time to time in the future, and any such Ievised or new Schedule of industrial
Rates for Agencies of the Slate or Fcdcl±l Government, when duly approved by An aulho fired rcgulatury authority or other-
wise lawfully established, shall he applicable to gas purchased and sold commencing with gas delivered after the effective date
of such change. Company shall give Customer written notice of any such change, together with a copy of the revised Schedule
of Industrial Rates for Agencies of the Slate or Federal Government, and Customer may cancel this request for service by
written na(ice to Seller within thirty (9:;) days following the dale of Company's notice, which cancellation shall be effective
Fifteen (15) days after receipt of such notice by Company; provided the new or revised rate shall be payable for gas service
during any applicable period before cancellation. If Customer fails to give the Company such notice of cancellation, this
request for service shall c.o.ttinuc under the new rate,
Monthly Rates:
Subject to Company's limllations en the iv lilability of each rate, Customer shall Ieceive service under its choice of one
of the following rates in accordance with the rate selected by Customer as provided in the contract:
RAiEI
first 125Mc4orless S 202.50
All over 125 Mcf 0 1.58
RATE 2
irst 6W Ficf or less f s906,00
All over 600 Mcf e4 1.435
RAIL 3
i list 1,250 Mcf or less f 1,15U.00
All over 1,250 Mcf Ea 1.315
Adjustment for Heat Content:
This Schedule of Industrial R des is based upon the delivery of gas having an avrr.rge 101A heal valor of 1,000 Rritisl;
IhermA units (Btu) per cubic foot. Should [he average total healing value of gas dclivcrcd in an$, monthly period he more or
Icss than I,OM Btu per cubic fool, the imasured volume for such period shall be incar,r•r.1 or decxeau•d, respectively, in the
percentage by which the average heating value of such gas is greater or less than 1,000 Btu ur cubic fool. fhe monthly avvr-
age total healing 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.
Adjustment for Gas Cosu
The foregoing ratrs arc based upon a vvciglncd average cost of gas purchased by Lone Star Gas Company of f 1.00 per
1,000 cubic feet (Mcl) based on a pnrsstne of four ounces per square inch oboe; an assumed atmospheric pressure of 14.4
pounds per square inch and at a Icrnperature of 60 degrees I"ahrenheil• Ihr "weighted average cost of gas purchased," as
used herein, shall be computed by dividing the total ,mount paid or ,cerued by Company (as rOccled by Company's Gas
Purchase Accounts), including any production, severance, dedication or gathering tax pald or accrued by Company directly
or by way of reimbursement to its g•Is suppliers, to producers, processor;, transporters, or other sellers of gas in the latest
avaibble fiscal month by the total volume of pipeline quality gas in Mcf purchasl°L'1 by Company during said period.
Whenever the weighted average cost of gas purchased is more or Icss than $1.00 per Mcf, the amount billed under this
schedule shall be increased or dccrca;cd by the amount of such dilfewnce muhiphod by the consumption in M;I, withoul 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.
Company, from time to time, m,iy he required by the terms or a gas purchase contr;ut (including an agreed settlement
of a disputed claim) or by a determination of a regulatory body or court to make additional payment; with respeel to gas
previousl/ purchased by Company. In such case, appropriate adjustments In compensate therefor shall he made in the price
payable for gas hereunder as soon as practicable after the time or such payment sr that Cw!omer shall bear a prupuffionate
part of any such payment which t',as not been previously included in the weighted average cost or gas purchased as delined
above.
Adjustment for faxes, Licenses, Fees, Charges, And Rentals:
Customer shall pay Company an amntLlt cgnivalrnl to a proportionate part of all Iaxcs or rcol•tls which now ore or
which may be levied, charged or imposed by any governmental body under authority or any law, ordinance or controcl for
the use of the public streets, alleys and thoroughfares in the conduct of Company's business, or because of Company's oe•
eupation; and Customer shall pay Company an amount ecru' a',nt to a proportionate par[ of any new lax or increased tax or
any other governmental imposition, rental, fee or charge levied or charged alter July 1, 1976, (except state, county, city, and
special district ad valorem taxes, taxes on net intone and any production or similar tax included in the weighted average
cost of gas as provided in the gas cost adjustment clause).
s
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 equip-
ment, 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 result ing frum the gas of its use after it leaves the aforesaid point of delivery, all risks thereof and there.
from being hereby assumed by Customer.
. II.
(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 at a place mutually agreed upon. Cuqomer 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 nu person other than an agent of Company, or a person otherwise lawfully author-
ized, to tamper with, Inspect or remove same. All property belrnging 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 termina-
tion or after reasonable notice of Customer's desire to have such properly 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 properly thereon or for any purpose connected with the service of gas
hereunder.
(b) Customer age es 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 ordi,ance, stale 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
j 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 adjWsted by computation in accordance with the
Ideal Gas Laws, co- rected for deviation, to the volume that it 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 ex-
cept 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 the percerlage of error is ascertainable by calibration lest or mathematical cal-
culation. If not so ascertainable, Cien it shall be determir ed by estimating the quantity on a basis of deliveries under similar
conditions when the meter was registering accurately. No adjustment or correction for meter inaccuracy or failure shall be
made for a period longer than 90 days. 0
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 Custo-
mer's particular type of operatb-ns. 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 con-
alders continuity of his fuel service essential, then he shall provide standby fuel and equipment adequate to meet his fuel
requirements during periods of interruption of gas service under this contract. Company cannot and doses not guarantee a con.
stant 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 fur 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 pipe-
lines, equipment or machlrwy, depletion or failure of gas supply, fluctuations in gas p essure, demands In excess of the capa-
city or Company's equipment, pipelines, or sources of gas supply, or other causes of contingencies reasonably beyond the
control of either party hereto.
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