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HomeMy WebLinkAbout11-1976 197 yruy, I < N i ~ ' ,t > a r ♦T r.f r ~ti~* 1 ~ti ! M u { M. G; Y ! r ~'H x Yr ! 'p ( U f ry, w !@ r . tl~. v 1 J ~r ii f ~ dr k ( 1. f ~C~ r !1r~l~r ~ { tr~H ~ Y r'_f~t'fY y ! . T . r a v i } ~ ♦ 1 1, ~+S p ~ dr I ~ W~Pr r ~ ✓J~ y nr v r r ,~r X'!' X. U } w'. fY,- 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: q 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. ..jJ 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 r i 0 y 1, ~y1~ ~ ~ • ' HOUSTON GENERAL INSURANCE COMPANY Ft. Worth, Texas NOTICE OF CANCELLATION November 4 1s-Zb_ r ~ 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 k> ,x f' r~ ~ ~ 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 r , k~~ c~ ~ ~ ~ ~ ' Qv 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 ~ypV p2 ~g16 i k IJ a' * 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 All I quo it I tlgn,l llllply IAl lit 116diPN At loon I In1il,ly," ffi~r L isl « l ~ Y y t _ ' _ ff1// 7~O.~M ..TV~ _ ~ *A L .-J t ON, ~.f r 'r r I } I ~ ~ ~ 'F ~r 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 1 i k~ r z €y { N S C ~ n G {r 1 to r • I / 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. r 1 :y s, 1 x~ a ,Sb * TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION J 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, , ~ r rtl 44 Y~~ Prichard L. Smith NOV I9 1976 Superintendent wsrc,► CITY OF OVtTOD! MANAM s OFFfrF,' An Equal Opportunity/Allirmative Action Employer 46 { i i s 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, _ f 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 ~j G i{I I U J I'}~f s i ai I ° 19 Imr~I t'l,l,rtl 101 r QQ3 Im y y tom{ W PI ~f (r1r, ~"i 1_ 7~~ o I : 114 i W r << o • 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 Qx/ r r 09CRE Y CITY OF DENTON, TEXAS BYs %MAYOR Ycy R GHE, ATTESTt C AR CITY OF DENTON, TEXAS -APPROVED AS TO LEGAL FORM t ~ DEN ,COTEXY AS ~ CY'~Y.O1~ 'POFt Z f/ee►seN ~~,vc -,w---•--,rfr=r.~-rrrrr~rsnse ~c S ti +h 4 U V /v V ! f i fan, reeler.' I ~ l`~~ o, ~ ~~?832.6 l.i. ta•~.tewre~ I i f \ 653191 t ~l i Mo,/ec~% de/ Jon. Jrwto_-' Is'a vo. 1 R11091V ROAD ~ ~978.4 [f .f.~.!i►~ri• POVINV Y MW t c&1jmvIJRD or fT ti koV MV/NGS cP l J%W t ,5GN06 04 fEuur YEx~f t J9~ dt- F, t~. 1 ~ t, p~Pk ~Y Yal Yr y~~ I~ ~ ~ IY a ~ Jig ~'c/ Yy F ~ ~ Y£k YYr r9; rid ~X v. ,}Y {yp 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. ~~8 I R L S GLUT I ON r 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 ~;4. r 4 y;, ` 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 - t NNEW • I . I 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 M t, .r M K, C a 1' F- ~ ~A - w i off •I i iop, I.! YY 14 d., Swr~ Iii{A ~ ~ i . a ~~ab ~ Y of d~ 4)ne Cl .JAinlekitws 61MW ~Vond,6oy '60,u t7nies ~J~P3f!'tll e7Frl r6~~ Go!)1l y 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 be • 1 ~ Xy C N ~ _ P (r 1k IJf „~A 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 . . 11 A 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. I r ~ I I W Of e "Mid Ila I A A O f~ 1 1~4i rJ?' ~ ~ py 6L << I a 4Wa~o~er~ ~uret~ornoroton 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 i \,J s 3 ~ rn } Y s ,T r Erb Cl) 0 o r ~ S Fri " S n n n n yC cn n -C ~ ~ at H tTl 77 ~ F~ v NO. ?~-sa 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 t r4+ G' c c C E a: . i t S ,(I YfJ ~ Doti ! F i ♦T9 1 ~ +iYrC4 ~,~I. e 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 I IS , CITY ATTORNEY e ti s i -a ~ r, i } t* ~ N' 9 .~F9 ~ • I h 7~N e i . 1 pf~"r ~"=.r \ i : tY e r ~ a ri ^ ri & it ~ q r ~ r. ~r+~+,: M ~r l.r. w r-y. tS ?'„~'+'e°., t~ ~•ti~•`. ,w `.:r ;7. p+ 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 k~ Sb 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 k J 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 y ~ { S• ; x ,_;„e•,,o}• r,:xsT ,Itc 3r o'] 10 ~1 i 1 s'f clrtst° ;:r~i+c•i;iu,r. 1! ;_iti:'^~ ii:-sf•r~7r,1 {Joru7 f~r 1, k.ri ri. ,Ill ~ ni 4 S igi__c;1;To e;ot itv 10 ty'ti 1ir1T ° d,sp!. 9:..1'.'lll?r') llnb';'JL ff('11lc) Z" l° no I r.1; 09 i TAX ROLL OF REAL ESTATP ND PERSONAL PROPERTY IN RENDERED FOR TAXATION City Ys:. Rate: $1,78 pe r~ 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 do I r~ George B i ~ Robert S f ~I d r~ . • f R• I 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 • day of • 0)e, tts f fine c1 aka _w A L A • A STATE OF TEXAS • COUNTY OF DENTON CITY OF DENTON X ` i 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 ('0 • • • ity, ity says e taxable ton, for the rtain, the • ing tax roil, r 1 Collector day of ~.~dEr) $CR 1976 ti for Denton E~ r c1 ..,~5 n a a G rt ro rn w y to C 0 y C M r ~ W .C m r? w ° a 0 Y fir? M~ v ry O ° N ~ rt C H r x E rt F+ 0 0 m o. n m ~ ro ' n a w r II ~ M M I a I O 1 ~FU1 ~ E` t k ~ r 1 I` 11 , 111 1 I 1 ~y 1 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 ,r 2 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 ~L 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: _2- r 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. , r • 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. . ,t i i ' 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. r• 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. i.~ i. f 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. 'j 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. c 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 { y 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 L _ a ~I Yh , ~4 1r .t i i o ~ 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 ~ ~ ~ ~ ~ t ~ 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 -2- 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, -4- (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. -5- 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 -6- 1 . r L ~ k> 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 r \t Orr r 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. i v% ' ~ ~ SC f1 ?i 0~ r 1 w i ~ • ~