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Home My WebLink About11-1982 ~ ' ~ ~ 1 I 1 y ny r r°.f 1 ~~y i ~ F.; y y + l~k"~C a. Y" V! If ~'1~ 1 n..., '+;~dl '~,St~t r . y ~ f ~ F ~ r^ A J y)~"Y KF .Yy4 xv w S ~ ^ y". i i Y r r~ i - `i 1 r i ,'1' ytF. ~ l- °I r~Iy i!'r i f r 5 } J h rn.y,,1 / , ,y a ~'e Mua tt.r Y z4 i "~~d( rr y~ tit. #A n e f K 4m ~v ^ + yn{ 1s, ` yw u.L6 e, rr~Y y(yr A~Qr~~~'+ 4 S r 'ad F 4 f ~ a Aa, 4 ~^'>i . r i p.4 J~ a ~ l r r a A~S I a, 1t ml y r E . s. r d ~ x_ tai ~ r < sk ~i}_~,~ bT) " vtisF't 0 rP ~ ,ff ~ e w iL i.r~ 1 rir~ • i~'F .1 I i 11-~,~t..~; s ~~'R~a~ ~ x~~ ~~~~J~4 }r a i. ~ r q NO. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEEll CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition t-f the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Osborne Grocery Company, a Corporation as hereinafter provided; and WHEREAS, the City Council of the City of Denton is of the opinion that the best intorest and welfare of the public wilt he served by abandoning and conveying the same to Osborne Grocery Company, a Corporation for the consideration hereinafter more fully set forth; now, therefore, BB IT ORDAINED BY 'THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned: BEGINNING at a point in the southeasterly line of a tract of land out of the N. H. Meisenheimer Survey, Abstract No. 811 as conveyed to Joe Nichols and J. L. Ginnings by Edwin Braly and recorded in Volume 434, Page 289 of the Deed Records of Denton County, Texas. Said beginning point also being in the north- westerly boundary line of State Highway 10 (Sherman Drive), and 134 feet north 45040' east of the northeast corner of a triangular shaped tract of land owned by the City of Denton upon which is located a water well; THENCE north 47045' west a distance of 35 feet to a point for a corner; THENCE north 4201.5' east a distance of 10 feet to a point for a corner; THENCE south 47045' east a distance of 35 feet more or less to a point for a corner in the northwesterly line of said Highway 10 (Sherman Drive); THENCE south 450 40' west with the right of way line of Highway 10 (Sherman Drive) a distance of 10 feet more or less to the place of beginning. SECTION 11. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement described therein to Osborne Grocery Company, a Corporation. SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all PAGE ONE I~ aid . existing zoning regulations and deed restrictions, if any, and sub ect to all existing easement Tights of others, if any, wheiher apparent or not. SECTION IV. 1_ tics This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. ' PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the 16th day of November 1982. 5 CI OF DTON, TEXAS ck , ATTES CKI WE I G, DEPU CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1 J PAGB TWO ~r r.lr L► Map J}J rJ V G Y _ZZ ' 17 r .z:~k r 4f i, sW ~A4rtll 1'~F i'ur F~ ~i~S 1f1, i r r q 9 fi r' - r , t/1/'/ yY r or 'j NO. AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY ZONE ON UNIVERSITY DRIVE FROM A POINT APPROXIMATELY 345 FEET EAST OF THE DRIVEWAY ENTRANCE TO SELWYN SCHOOL TO A POINT APPROXIMATELY 375 FEET WEST OF THE ENTRANCE TO BETHEL CHRISTIAN ACADEMY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING l" EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' a. ` SECTION I. That when signs are erected giving notice thereof, a school safety zone is designated and established on University Drive from a point approximately 345 feet east of the driveway entrance to Selwyn School to a point approximately 375 feet west of the entrance to Bethel Christian Academy. SECTION II. That the maximum prima facie speed limit on said portion of University Drive shall remain unchanged. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the 16th day of ovember, 1982. I 'l ST W , MAYOR CI OFD TON, TEXAS ATTES ji" I WE LIN DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM= Co J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYt aL!k dn'll PAGE ONE r • ♦ J , t J t; , Inv" 1 M > J rir~rr~' =womb 1 r • No. ~ AN ORDINANCE CREATING AND DESCRIBING FOUR SINGLF. MEMBER ELECTION DISTRICTS IN THE CITY OF DENTON, TEXAS; DETERMINING THE POPULATION OF THE CITY OF DENTON AND OF EACH SINGLE MEMBER DISTRICT; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER THE DATE OF PASSAGE OF THIS ORDINANCE. Whereas, Section 2.01(d) of Article II of the Charter of the City of Denton, Texas as amended by the qualified voters of the city 9 on January 19, 1980, requires that the city council divide the city 1 into four single member election districts for the election of members of the pity council; Now Therefore; THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. a The City of Denton, Texas is hereby divided into four single member geographic election districts. Such single members geo- graphic election districts are hereby created and described as follows: District 1, Single geographic election district Number 1 shall include !as-ing 1980 Denton County, Texas census tracts, nstab;if, .fie United States Census Bureau, to-wit: 206.02 29044 Persons 207 762 Persons do_ ?n8 47 Persons (Block 101) 'tract 2,09 493 Persons Tract 210 3,689 Persons Tract 211 1,835 Persons Tract 232 2,578 Persons Tract 213 427 Persons (Blocks 101, 1029 103, 106 & 109) 110875 Persons or any part of any such tracts now or hereafter annexed as a part of the corporate limits of the City of Denton, Texas. Sin.41e member geographic election District Number 1, as hereinabove described, includes the following Denton County, Texas election precincts as now established by the Commissioners Court of Denton.County, Texas, to-wit: 1. That portion of Precinct No. 1-K lying north ,)f McKinney Street, East and South of Mingo Road, West of Mockingbird Lane and North and Northwest of Audra Lane$ i 2. All of Precinct 1-S in the lCity of Denton. 3. All of Precinct 1-V. 4 4. That portion of Precinct 1-D lying North of Interstate Highway I-35 Eas11_. 5. That portion of Precinct 1-J lying North of Interstate Highway I-35 East. 6. All of Precinct 4-L except that portion of Precinct 4-1, lying south of Eagle Drive and West of Bernard ' Street. r, 7. That portion of Precinct 4-G lying East of Avenue E and North of Eagle Drive. District 2. Single member geographic election district Number 2 shall include the following 1980 Denton County, Texas census tracts, established by the United States Census Bureau, to-wit: Tract 205.01 49308 Persons Tract 205.02 4,994 Persons Tract 206.01 8f,5 Persons Tract 206.02 1 047 Persons 12:i14 Persons or any part of any such tracts now or hereafter annexed as a part of the corporate limits of the City of Denton, Texas. Single member geographic election District N weber 2, as herein- above described, includes the following Denton County, Texas election precincts as now established by the Commissioners Court of Denton County, Texas, to-wit: 1. All of Precinct No. 4-H in the City of Denton. 2. All of Precinct 1-E in the City of Denton. 3. All of precinct 1-H in the City of Denton. 4. All of Precinct 1-1, in the City of Denton. S. All of Precinct 1-G in the City of Denton. 6. That portion of Precinct 1-K lying East Audra Lane and South of Audra Lane. District 3. Single member geographic election district Nirnher 3 shall include the following 1980 Denton County, Texas census tracts, establlildd by the United `States Census Bureau, to-wit: V act 204,01 773 Persons' Tract ''204.02 29944'Per sons Tract' 204.03 3,S75 Persons 'tract 206,01 20598 Persons Tract 207 2 122 Persons T' ur Persons PAGE 2 1 .i or any part of any such tracts now or hereafter annexed as a part of the corporate limits of the City of Denton, Texas. +s" Single member geographic election District Number 3, as hereinabove described, includes the following Denton County, Texas election precincts as now established by the Commissioners Court of Denton County, Texas, to-wit: 1. All of Precinct No, 1-M in the City of Denton. 2. All of Precinct 4-K in the City of Denton. 3. All of Precinct 4-J in the City of Denton. 4. All of Precinct 4-F in the City of Denton. 5. All of Precinct 4-F in the City of Denton. 6. All of Precinct 4-D in the City of Denton. District 4. Single member geographic election district Number 4 shall include the following 1990 Denton County, Texas census tracts, established by the United States Census Bureau, to-wit: Tract 203.01 3 Persons Tract 203.02 27 Persons Tract 208 1066" Persons Tract 209 2,803 Persons Tract 210 1,669 Persons Tract 213 5,594 Persons Tract 214 275 Persons Tract 217 28 Persons T9;ZTU Persons or any part of any such tracts now or hereafter annexed as a part of the corporate limits of the City of Denton, Texas. Si;igle member geographic election District Number 4, as herein- above described, includes the following Denton County, Texas election precincts as now established by the Commissioners Court of Denton County, Texas, to-wit: 1. All of Precinct No. 3-F in the City of. Denton. 2. All of Precinct 3-E in the City of Denton. 3. That portion of Precinct 1-J lying South of Interstate Highway I-35 East in the City of Denton. 4. That portion of Precinct 1-D lying South of Interstate Highway 1-35 East in the City of Denton. 5. All of Precinct 4-G, except that portion of 4-0 lying south cf West Oak Street, East of Avenue H and North of Bogle drive. i PAGE 3 i . .7 1 6. That portion of Precinct 4-L lying South of Hag►.e Drive, West of Bernard Street, East of Avenue C, and North of Interstate Highway I-35 East. 7. All of Precinct 1-R in the City of Denton, Texas. SECTION H. The population of the City of Denton, according to the latest available census data is found to he approximately 48,063 and the City Cou:.cil finds that each singl, member geographic election M~ districts herein created contains an approximate equivalent population. 1 SECTION III. This ordinance shall become effective from and after the date of passage. PASSED AND APPROVED this the f`day of E2"!2.► 1982. Linz R ~THWARV OR CIT OF Di,N ON, TEUS : ZATTE T -0, - 4"~~ DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C.J. TAYLOR, JR., CITY AITORNPY CITY OF DENTON, TEXAS BY., PAGE 4 J f ~ f • • ♦ 1 I 1 yf ~ 4 p~, +„r Wits y• f . ylV4'~ tlS + ~ t r ~ r~~ PF.f ~ 1 Y 1, i. ♦ ~ If I og 111til ~y. V y r}~C ~~+~I LEI SAY id i ~~43, k ,r' V5 . II `:nro"ai. . 1 , a w NO. ~a 9 7 AN ORDINANCE AMENDING 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. 69-1, AND AS SAID MAP APPLIES TO 519 AND 529 BOLIVAR STREET IN THE CITY OF DENTON, AND MORE PARTICULARLY DESCRIBED HEREIN) AND DECLARING AN EFFECTIVE. DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the .I following described property, to-wit: All that certain lot, tract or parcel of land situated in the City and County of Denton, State of. Texas, a part of the Robert Beaumont Survey, Abstract No. 31, and being a part of what is known as Lot No. Two (2) in Block No. One (1) of Barb's Addition to the City of. Denton, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said Lot No. 2 in Block No. 1 in said Barb's Addition at a point in the south boundary line of Congress Avenues THENCE eaet. with the south boundary line of Congress Avenue 60 feet, a stake for corner; THENCE south parallel with the west boundary line of said Lot, 11.0 feet, a stake for corner) THENCE west parallel with the south boundary line of Congress Avenue 60 feet for corner in the west boundary line of said lot; THENCE north with the west boundary line of said Lot, 110 feet to the place of beginning and being the same property conveyed by the Trustees of the Church of the Nazarene to Glern G. Bishop and his wife, Mary Bishop by two deeds= the first deed dated December recorded 1943,,oandere279, cordedyiun V387 olumed 302, second January be10, ing 1940, and Page 582 of the Deed Records of Denton County. Texas. Is hereby changed from Two-Family "2-F" District Classification Use to Planned Development Comprehensive eZonig "0 ~iimi ce of the Classification of Denton, under the Texas subject to the following conditions: • 1. That the property be developed in conformance with approved site plan: 2. That the property be limited to funeral home use only and 3. That parking areas shall be paved in acccrdance with approved site plan and City of Denton specifications. 1 The Zoning Map of the City of Denton, Texas, adopted the t 14th day of January, 1969, as an Appen3l.x to the Code of Ordinances of the City of Denton, Texas, undeL ordinance No. 69-11 be, and the same is hereby amended to show such change in District Classification and Use. 2-1545-PHII.LIP M. SMITH-pAOH ONE SECTION IT. 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 appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. :w SECTION III. That this ordinance shall be in full force and effect immediately 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 16th day of November, 1982. XOI6AeR4D U. ST WA , AYOR F D TON, TEXAS ATT S VICKI WESTLING DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: t 2-1515-t~HILLIP H. SMITH-PAGI: TWO IM~ f~ W=E r r 9 xx ; Y r,.:.~ tll ~ VX. ` A ti ~K V r~ 1i ~1 Jx J rO I Jn~# Z/1d~~ ~r*( )w~h Lwlxl ra Ssaa~NOJ ~ ~ Tv 0 r~ a 3 M > I ....1.. x A~ i x 1 V L x x) x x t 4 ` r ` A x~s `y,~y~~ 1 rk/ Y7 4 x 'i ~ ~ li- L ti 1 x l ~ h xn C'M' 1 yr F ~T ¢ A ~ t~ ' i it ~ ~ ~ 1 I x x ~ V a 1 xV x Aa r ~r ;'~~,~yK « t A i rY x A r L, r 1 { 1 ~r .14 1. ~ 11 1 1 x: ~ 5 ~ 1 ~ 0 1 ~ 9x ~ 1 x n l x 7 ~n . x A ,4 i ~ S ~ yL ~ rt x 3 'ti ~ " a'~ ' - t ~ ~ 1 n tx ~ A , r ! S ~ i ~ ➢1 r' ' ~ a ` d K .y ~ e s, 'xt '1 iV t n 4 ~ r -x ~ y parr 4 ~x 1 "_.i ! '1 1 ((~4 A 7 7 x i 11 "C r x 1 1 i ix xt~ 1 q x 4x Jx1xx x ~'l ~.'n < ~ e r. le c,~ i t1,4~ x V.~S lV Rr l x `7 x f' Ea, k z'. r) r.. x jx f ` S r« 1 {,5 1 i' x 4 1' Q M1'1+~''~{ rwl a.. F ➢ ro I~t}rlvw i * 1 ~ s ~ fr 4ti o- ~x . !fi t ~ ° ~Ix h,~,~1yAh y~± y ~I~r ~~l d yp~, ♦.'.7 rr f~} "3 4 n "1 t ' 1 Y. ,1~~'~~4 ~x ~ ' 7 1 i t ~ rt r n- ~ ~l Jq r g 9 7^' J t t:'' JFG ~ G r h i~ !~f 1 x ~ 1 t l i~ ti' Y4 ~ ^l ~~.~k~+Y~ f;!~~t~~~ 1^44F}5 {'C~k `r~r~ c y~:'~~'~~^$ ~ art Y.,. ~i~ W .law S*"^, I ` I STt t~tl `r,•,'~ '~~t ~4~,1_ *ti~a~ le]"'p F;~"4vn~, ah d~.~ r t 7' r:~?4'h} ~Y t 'W ~ ~k to d3 1 P t 1 dtiyj ir~ r,I~':S iii' ~ aM' x WL a ~l~ ii, tt iA. . ~ ~ t~ Y l r tt r 1?. I r I M ,1 a Y r rl'al~tt o ~I n rS 1 "'r' V'~A.Y.. ~A' u > 'yt C:. I t~ kh 1 n r S 7 r n YY t Yk{{ 1'~'rl.#~r`yorryajr~t+a~,J,•:," Y~~, V,.I,d~ir'~ri i,~t 4. W~r~,,•* Slt'_,`4a^a~`sft. a ♦ r t i t r r~~ 'fit }r,~:, < ✓ q .1~1.3atks^ , < 1 I I 1 . 1 n^ ENO . AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF y. ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, t AND AS SAID MAP APPLIES TO APPROXIMATELY 30 ACRES OF LAND OUT OF THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 1473 OF DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEP.EIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DF.NTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the r following described property, to-wit: Being a tract or parcel of land lying in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1473, Denton County, Texas; known as 701 Mockingbird Lane, City of Denton, Texas; and being part of a tract conveyed bt W. C. Grant, Jr. to J. C. Wilson, recorded in Volume 335, Page 512 Deed Records of Denton County, Texas, and being part of a tract conveyed to Leroy Whitlock by the Veteran's Land Board of the State of Texas, recorded in Volume 383, Page 554 of said Deed Records; said tract or parcel of land being more particularly described by metes ana bounds as follows: BEGINNING at a point in the west right of way line of Mockingbird Lane a 38.0 foot wide right of way by measurement, said point being 1180.5 feet south of the south right of way line of Audra Lane; said beginning point being the intersection point of the said west right of way line of Mockingbird Lane with the north line of said Leroy Whitlock tract; THENCE south along the said west right of way line of Mockingbird Lane and along a fence line, a distance of 1255.49 feet to the south line of said Leroy Whitlock tract being point for corner; THENCE south 89045113" west along the south line of said Leroy Whitlock tract and along a fence line a distance of 1041.1 feet to a point for a corner being the southwest corner of said Leroy Whitlock tract; THENCE north 02031115" east along the west line of said Leroy Whitlock tract and along a fence line, a distance of 1257.19 feet to the northwest corner of said Leroy Whitlock Tract being point for corner; THENCE north 89042138" east along the north line of said Leroy Whitlock tract and along a fence line, a distance of 985.21 feet to the place of beginning encompassing 29.2125 acres of land, more or legs. Is hereby changed from Agricultural "A" District Classification Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following conditions: 1. The single family detached areas shall be developed in accordance with building code and zoning ordinance requirements specified for single family "Sty-7" development; Z-1543-CAPITAL CONSULTANTS-PAGE ONE Jj- R~ . w.M a~w.. ..~1w.. -,....rte 2. Adequate screening consisting of a living screen or a six foot wooden fence shall be erectec' along any property line where multi-family development abuts single family residential housing, when the single family area is developed. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, unler Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use. l~ SECTION H. 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 considerations among 'y other things for the character of the district and for its j; . peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate 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 immediately 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 16th day of November, 1982. i I T r CIT OF DE TON, TEXAS ATTEST - ICKI WESTL G DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 5-1543-CAPITAL CONSULTANTS-PAGE TWO .Y Ti,•JMr frh/.r • A fi./ Lu./ •1 Mlw..nr,y /L/di.^•.•,ir rJ:I/I /M 111 , ' y{~I•. V III rpF-h nrrb f-tY i . I a ? I ~ ~ aia \ ~1{♦ HI•r C wr 40 ~ I 999 44JJ 1 Y/ ' Y• ~ ~ 4 V . O I ~ _ ~L ..~r•../.i c~,.y ors,. 4. ® o (D m ~N~I N.f _ y M hlw.rYl•~ _ i • i If at (a OD Pa OPOSEO ?WINO L P. D. l.ff fLAN (AND 4VSA6f A V, M, 4... Mort, I4l y r. ✓ A"10AISIRD GAME AmnoN l'KUu iii~ii aly d hn/.n dnhr C...Iy ~ ww 7 r i !1 r . ~ ri~~~ G 4 e4., }1 „ r f ,V a. . 1 ~ e~ir t♦,1 r . 1v r ~ w { , , , .y .r ; ' 1". sqk t i r's 4.f 5 f i° ' t ~Y 1 th . ~ Wyl 'V 4 if Aa+ E r .e ~~S,T~° ~ i~rld yk~ht ~ C r s'3 I r ! d r `yt ~h, y:p ~ll+ yy ~4 rr ff aer? 1 r ;~`w~°Ft'f 1 9 d r ~(r ~p3g o~uVP17 dg 1 ii ailrw 1I` s r ! v a r j,k 1 If er `i dpi t`•rwa Jr i s ' r = 31 ;14' i r ),i r i y? ka ~`dr'a^EY} kltE' ~ti t~'tt~7 (°~If~t `7 v r .Z 'i y i rj •.?l ts~ r~.V % , 1/ d x NO. • AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1983 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY THE QUESTION OF WHETHER OR NOT AN ORDINANCE PERTAINING TO LEGALIZING BINGO GAMES +";y FOR CHARITABLE PURPOSES, AS AUTHORIZED BY THE BINGO ENABLING j ACT, SHOULD BE ADOPTED BY THE QUALIFIED VOTERS OF THE CITY OF a, DENTON, TEXAS; DESIGNATING THE POLLING PLACES AND THE HOURS OF VOTING; PROVIDING FOR THE APPOINTMENT OF ELECTION OFFICIALS; PROVIDING FOR ONE VOTING PLACE; PROVIDING FOR THE USE OF PAPER BALLOTS AND PROVIDING FOR THE FORM OF BALLOT TO BE TISED IN SUCH ELECTION; AND PROVIDING THAT THE CITY SECRETARY SHALL PREFORM ,wd THE DUTIES AND FUNCTIONS OF AN ELECTION OFFICIAL. WHEREAS, a Petition has been submitted to the City Council of the City of Denton under the provisions of Article 179d V.A.T.S. (Bingo Enabling Act) requesting that an election legalizing bingo be submitted to the qualified voters of the City of Denton, Texas; and WHEREAS, the City Secretary has certified that such petition contains the required number of names; and WHEREAS, the City Council of the City of Denton, Texas has designated January 15, 1983 as the next available date to hold such election; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Pursuant to the terms and provisions of Article 179d V.A.T.S. (Bingo Enabling Act) a special election is hereby ordered held in the City of Denton, Texas on Saturday, the 15th day of January, 1983 for the purpose of submitting to the qualified voters of the City of Denton, Texas, for Adoption or rejection, the following proposed proposition: I l E FOR LEGALIZING BINGO GAMES FOR CHARITABLF, PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON, TEXAS. 1 AGAINST LEGALIZING BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON; TEXAS. SECTION Ii. Said election shall be held between the hours of 7:00 o'clock A.M. and 7100 o'clock P.M. on the 15th day of January, PAGR ONE 1983 in accordance with the proviions of the Election Code of s x R t`.' State of Texas; and the voting places or polling places Y F j' shall be as follows: All qualified voters residing in the City of Denton, Texas shall vote at: DENTON CIVIC CENTER BUILDING CORNER OF BELL AVENUE AND MCKINNEY STREET DENTON, TEXAS The election officials for said election on January 15, 1983 shall be as follows: 1. (a) Don Pickens shall be the Presiding Judge at the Denton Civic Center Voting Place. 2. Charlotte Allen, City Secretary shall conduct absentee voting under the Texas Election Code. The Presiding Judge of the Denton Civic Center shall be authorized to appoint a sufficient number of Clerks as they may deem necessary to assist them in said election, including bilingual assistants as required by law. SECTION III, Absentee voting shall be conducted by the Office of the City Secretary in the Municipal Building on East McKinney Street in the City of Denton, Texas, and the polls for absentee voting shall be open or voting in person between the hours of 8:00 o'clock A.M. and 5:00 o'clock P.M. Monday t+:rough Friday during the times allowed for absentee votinq. SECTION IV. Said eleotion shall be held in accordance with the Electiot Code of the State of Texas, and all duly qualified resident eloctors of the City of Denton, Texas shall be qualified to vote in said election, SECTION V. That paper ballots shall be used in such election both for the polling places and for absentee voting in conformance with the provisions of the Election Code of the State of Texas. PAGE TWO ANN I r' ` ~w •a+w..wwn....w.ww..~-r..+r.+wr.wi~wwa~+r. !.w~wwia a*ua~...ygssrawrMa7RWaoNiMlf.ve►►/~Af.~1 ~e SECTION VI. That the ballots of the election shall conform to the requirements of the Election Code of the State of Texas as amended, and the language to be printed and the form of the ballot shall include the following: OFFICIAL BALLOT: ;;A Official ballot instructions-Place an "X" in the square beside the statement indicating the way you wish to vote: es FOR LEGALIZING BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON, TEXAS. AGAINST LEGALIZING BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON, TEXAS. SECTION VII. That notice of said election shall be given by the posting of true copies of this ordinance, signed by thi Mayor and attested by the City Secretary, in three public places of the City, one of which places shall be at the Municifal Building, for thirty (30) consecutive days prior to the date of such election and this ordinance shall be published in full one time in the Denton Record-Chronicle a;: least thirty (30) days prior j to said election. SECTION VIII. The City Secretary shall make «p the official ballot in accordance with the Election Code of the State of Texas anti is hereby authorized and directed to have the ballots to be used in such election printed and delivered to the presiding judge of said election and to perform all oche- acto required of election officials for such election. SECTION IX_ That immediately after the co,inting of the votes the presiding judge shall deliver the official returns of the election to the City Secretary. PAGE THREE wwm~ffisw"=" MM I l xi F, J iQ cl I J~ A yr SECTION X. That on the Tuesday next following the election, the City S r Council shall canvass the returns and declaee the results of °x such election which shall be recorded in the Minutes of the City ^ouncil. ti SECTION XI. ~r This ordinance shall become effective from and after its y date of passage. PASSED AND APPROVED this the day of NClIp/~r,e 1962. a 6CAA. STEA T, MAY F DE TON, TEXAS ATTES c i West ng, Deputy Secretary CITY OF DENTON, TEXAS APPROVED AS TO L11GAL FORM: C. J. TAYLOR, JR.j CITY ATTORNEY CITY OF DENTON, TEXAS BY t / 91" PAGE YOUR 7c~ u 1 ~ 1 • ' C ! 1 r e r t t.. I t r, . qtr ~ `t t NO. AN ORDINANCE PROVIDING THAT ALL RIGHT, TITLE, AND INTEREST OF THE CITY OF DENTON IN LAND HERETOFORE DEDICATED AS A PUBLIC UTILITY EASEMENT BE VACATED AND ABANDONED; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY. WHEREAS, the City Council of the City of Denton, Texas, has been requested by the owners of adjoining property to vacate and abandon a public utility easement over a portion of the ? hereinafter described tract of land; and n WHEREAS, the City Council of the City of Denton, Texas, is of opinion that the best intPreat and welfare of the public will 4 ~r be served by vacating and abandoning said public utility easement over the hereinafter described tract of land; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the right, title, and interest of the City of Denton, Texas, in and to the following described public utility easement to-wit: 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 W. Pogue Survey, Abstract No. 1012, and being part of Lot no, 7, Block J of the Nottingham Woods Addition, an addition to the City and County of Denton, and recorded in Volume 2, Page 118 of the Plat Records of Denton County, Texas, and more particularly described as follows: COMMENCING at the northwest corner of Lot 7, Block J of the Nottingham Woods Addition, said point lying in the east right of way line of Nottingham Drive= THENCE south 1007' west along the west boundary line of said lot and the east right of way line of Nottingham Drive a distance of 11.18 feet to the point of beginnings THENCE south 62022' east 10 feet south of and parallel to the north boundary line of said lot a distance of 170.49 feet to a point for a corner in he east boundary line of said lot; THENCE south 1007' west along the east boundary line of said lot a distance of 5.59 feet to a point for a corner; THENCE north 620 22' west a distance of 170.99 feet to a point for a corner in the west boundary line of said lot same being the east right of way line of Nottingham Drivel THENCE north 1007' east along the west boundary line of said lot, same being the east right of way line of Nottingham drive a distance of 5.99 feet to the place of beginning. PAGE ONE I a r•" L. e. is hereby abandoned and permanently vacated as public utility easement of any kind or character forever, 0 'i SECTION II. That the easement over that portion of said tract of land herein described is hereby abandoned and released and will revert to the adjacent owner o+: owners as provided by law SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of November, 1982. J &,AC091, I A T, MA CIT D STEWA OF D NTON, TEXAS ATT s ICJ STLING, D Y CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS a Y I PAGE TWO . r, ~ ~r C ¢ `l.~ .!o ~ w 4~ , ~ ~,e+i ,E. ~,i F . i ~ 1' ~ j a,~ of ~ ~ ~r.;- r ~1~b 7~1 ^~j`'. J5• :r,, ' is a ~ r F r, ~ i~ r i4:r f~ n'~1 ~a~~ tt . ~ ri i 4 Y i i. r 4 t r' t r~ 1 t if NO. AN ORDINANCE REPEALING SECTION 9-1 OF CHAPTER I ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO THE 1) 78 EDITION OF THE NATIONAL ELECTRICAL CODE AND REENACTING SAID SECTION; ADOPTING THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND AMENDMENTS THERETO; REPEALING AND REENACTING SECTION 9-6 OF CHAPTER 9, ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO MINIMUM STANDARDS OF WORK AND REQUIRING WIRING IN METAL CONDUIT WITH CERTAIN EXCEPTIONS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES OR PARTS THEREOF NOT IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: PART I. That Section 9-1 of Chapter 9, Article I of the Code of Ordinances of the City of Denton, Texas, relating to the National Electrical Code, 1978 Edition, is hereby repealed and reenacted to hereafter read as follows: SECTION 9-1. ADOPTING NATIONAL ELECTRICAL CODE, 1981 EDITION; DELETIONS AND AMENDMENTS The National Electrical Code, 1981 Edition, as recommended by the National Fire Protection Association, a copy of which shall be filed with the Office of the City Secretary as Document No. 3 and be available for public inspection, is hereby adopted and designated as the Electrical Code of the City of Denton? Texas, the same as though said Edition of such code were copied at length herein, subject to the deletions and amendments enumerated hereafter. (1) Section 210-8(a), Ground-Fault Protection for Personnel, Dwelling Units, is hereby dei.ated and amended to read as follows: "Section 210-8. Ground-fault Circuit Protection: (a) Dwelling units: 1. All one hundred twenty-five-volt, single-phase, fifteen-ampere and twenty-ampere receptacles installed in bathrooms may have ground-fault circuit-interrupter protection for personnel. 2. All one hundred twenty-five-volt, single-phase, fifteen-ampere or twenty-ampere receptacles installed in garages may have ground-fault oircuit-interrupter protection for personnel. PAGE 1 e 3. All one hundred twenty- five-volt, single-phase, ?`s fifteen-ampere and twenty-ampere receptacles 'i installed outdoors where there is direct grade level access to a dwelling unit and to the receptacles may have ground fault circuit interrupter protection for personnel.. Bathroom: A bathroom is an area including a basin with one or more of the following: A toilet, a tub, or a shower. Such ground-fault circuit interrupter protection may be provided for other circuits, locations, and occupancies, and where used, will provide additional protection against line-to-ground shock hazard," (2) Section 210-8(b), Construction Sites, is hereby deleted and amended to read as follows: "Section 210-8(b). Construction Sites. All 120 volt, single-phase, 15-ampere and 20-ampere receptacle outlets which are not a part of the permanent wiring of the building or structure, and which are in use by employees, may have ground-fault circuit-interrupter protection for personnel." (3) Section 250-81(a), Metal Underground Water Pipe, is here- by deleted and amended to read as follows: "Section 250-81(a), Metal Underground Water Pipe. If available on the premises, the unspliced grounding electrode conductor shall be run to a metal water pipe in direct contact with the earth for ten (10) feet (3.05m) or more (including any metal well casing effectively bonded to the pipe) and electrically continuous (or made electrically continuous by bonding around insulating joints or sections of insulating pipe) to the point of connection of the grounding electrode conductor and the bonding conductors. Continuity of the grounding path or the bonding connection to the interior piping shall not rely on water meters. Where a metal water pipe in direct contact with the earth is not available on the premises, a rod or pipe electrode complying with Section 254-83 shall be required." (4) Section 336-3, Uses Permitted or Not Permitted, is hereby deleted and amended to read as follows: "Section 336-3. Uaes Permitted or Not Permitted: Type NM and Type NMC cables shall be permitted to be used in one and two-family dwellings, or multi- family dwellings not exceeding three (3) floors above grade. For the purpose of this section, the first floor of a building shall be that floor designed for human habitation which is level with or above finished grade of the exterior wall line of fifty (501) percent ur more of its perimeter," PAGE 2 y i f ~S p Al PART II_ That Section 9-6 of Chapter 9, Article I of the Code of Ordinances of the City of Denton, Texas relating to minimum standards of work is hereby repealed and reenacted to hereafter `r s read as follows: 6 "Section 9-6. Minimum Standards of Work. r, (a) In all new work or revisions of old work, new knob and tube wiring systems shall not be used for interior wiring in the City. (b) All work shall be in metal conduit except interior wiring in single and multi-family dwellings not exceeding three (3) floors above grade. Other specific exceptions may be permitted with written permission from the city Electrical inspector authorizing such specifications. (c) Aluminum wire and copper-clad aluminum wire smaller than No. 6 gauge shall be prohibited. Aluminum wire and copper-clad aluminum wire No. 6 gauge and larger may be used only with approved connectors and terminals." PART III. That this ordinance shell repeal every prior ordinance and provision of the Code of Ordinances of the City of Denton in conflict herewith and, as to all other ordinances or provisions of said Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. PART IV. That if any section, part of section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way effect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. PART V. Any person, firm or corporation violating a provision of this ordinance, or who fails to comply with the terms of a permit or PAM 3 .~.~.~.I.U:+...rwPcAlf'~-.--sw~n. a...wr....-... __.~_.~....~:r~.w..eW........r--= • certificate issued hereunder, shall, upon conviction, be guilty ;e .r of a misdemeanor punishable by a fine not to exceed Two Hundred .aa Dollars ($200.00); each and every day that such such violation y,. continues shall constitute a separate and distinct offense and be punishable as such. ` PART VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby r,. °.4 directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the y day of November, 1162. I CIA-A RD WNTONO SEW T, MA CI OF TEXAS ATTES TICKI WES DING, DEPUTY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 4 r ~ 1 ■ I r1 , 1 C~p \1 J V r Ct- 4 I 'qf II a + ~ Sr ~ I I ~1 ,f ~ 9~'i i,E'~~ ~s■A: r it _ _ t~l xu~n tYJ ..:~-1a 1~"i. v~ 4VLL 4:. F, N0. p7 AN ORDINANCE REPEALING ARTICLE I, CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO FIRE ZONES a. AND DISPOSITION OF CONSTRUCTION WASTE MATERIALS, REENACTING ARTICLE It CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS IN ITS ENTIRETY BY ADOPTING THE UNIFORM BUILDING CODE (1979 EDITION) WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING A SHORT TITLEI hP.JVIDING FOR DISPOSITION OF CONSTRUCTION WASTE MATERIALS; PROVIDING FOR ISSUANCE OF BUILDING PERMITS WHERE FLOOD HAZARD EXISTS; REPEALING ARTICLE II, DIVISION I OF SAID CODE OF ORDINANCES RELATING TO THE 1976 EDITION OF THE UNIFORM BUILDING CODE; RENUMBERING ARTICLE II, DIVISION 2 OF SAID CODE OF ORDINANCES AS ARTICLE II; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES OR PARTS THEREOF NOT IN CONFLICT HEREWITH; PROVIDING A PENALTY CAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: PART I. That the Code of. Ordinances of the City of Denton? Texas is hereby amended by repealing in its ontirety Article I of Chapter 5 of said Code and hereby reenactin7 same to hereafter read as follows: ARTICLE I. BUILDING CODE Section 5-1. SHORT TITLE This Chapter may be known and cite4 as the Denton Building Code. Section 5-2. ADOPTING UNIFORM BUILDING CODE The Uniform Building Code, 1979 Editton, and Chapter 53 of the 1977 Supplement to the Uniform Building Code, as recommended by the International Conference of Buildinq officials, copies of which shall be filed with the Office of i-h; City Secretary as Document Nos, 2 and 2A, respectively, and be available for public inspection, are hereby adopted and designated as the Building Code of the City of Denton? Texas, the same as though said edition and supplement of such code were copied at length herein, subject to the deletions and amendments enumerated in Section 5-3 hereafter. i } t 1 ~ ' , s r+ 1., . n . ns. ew , as mra •xlw •u nx iA:a.aW. W:fIa.Y.•WW'w: 1 Section 5-3. DELETIONS AND AMENDMENTS y ,FS The Uniform Building Code adopted by Section 5-2 is hereby amended and changed in the following respects: (a) Section 204 Board of Appeals, is deleted and amended to read as follows: 1. Building Code Board-Creation. There is hereby r created a building code board con,;isting of five (5) members, each to be appointed by the city council for a term of two (2) years, and removable for cause by said council after public hearing. Initially, however; all five (5) members shall be appointed for a term to expire coincidently with other city boards, to serve until their successors are appointed. To the extent that persons are availZ:ble within the city, said board shall consist of one (1) general contractor, one (1) architect, one (1) engineer, and two (2) additional members, who shall all reside within the city. Provided, however, that the city council may appoint two (2) alternate members of the building code board who shall serve in the absence of one or more of the regular members when requsted to do so by the city manager, as the case may be, so that all ca,aes to be heard by the building code board will always be heard by a minimum number of four (4' members. The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members. The city council may appoint ex officil) members to this board, to have a voice in all matters before it, but who shall have no vote. The chief building official shall be an ex officio member of the board. 2. Procedure and Powers. 71e board shall adopt rules to govern its proceedings provided that same are consistent with the Code of the City of Denton and statutes of the State of Texas. The building code board shall have the same powers and duties on matters concerning Chapter Five of the Code of Ordinances as the board of adjustment has on matters concerning, and arising from, the zoning ordinance, including the followings (a) Elect a chairman, who may administer oaths, and compel the attendance of w:,tnessesi (b) Hear and determine, by a four-fifths (4/5) vote of the members, appeals from any decision of the chief building official ' made pursuant to Chapter Five other than Article IV after proper notice as been givens (o) By a four-fifths (4/5) vote of the members, grant varf.ances to any provision of Chapter PAGE 2 r ~ a r ' #iewwsM~rawt;aA'~YhMILAC~6ra4fK)cavA~[VAFV~1~uz§S.Y•l:.ki1H.19*1F']wSU*t6]v.f:11W7tr'.WIAl9tdltiU!~.'Y7'~'°^~r Five, other than Article IV, subject to appropriate conditions and safeguards, and after a determination by the board that a exists which would be cured by the I hardship particular variance sought; f. (d) Maintain jurisdiction of questions involving ' Article IV of said Chapter as authorized therein. (b) Section 304(a), Permit Fees, is deleted and amended to read as follows: The fee for each permit shall be as set forth in Table No. 3-A. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit fee shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. (c) Section 304(b), Plan Review Fees is deleted, (d) Section 304(c), Expiration of Plan Review, is deleted and amended to read as follows: i (c) Expiration of Plan Review Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. (e) Table No. 3-A, Building Permit Fees, is deleted and amended to read as follows: 'r (1) Total Valuation Fee $1.00 to $500.00 $5.00 $501.00 to $2,000.00 $5.00 for the first $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and including $2x000.00. first $2,001.00 to $25,000.00 $2,000.00 plus t$4.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. PAGE 3 ' - p.., ,i .•,•'or ^an; v. ..r w`. l .+i,+'tF /r rvLPa 25 Wr"5•°1'F.744' 8~W/~1 r $25,001.00 to $50,000.00 $112.00 for the first `V $25400.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to ` and including $100,000.00. j r.F z :i".. $50,001.00 to $100,00J.00 $187.00 for the first $50,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof, to j and including $100,000.00. $100,001.00 to $500400.00 $287.00 for the first $100,000.00 plus $1.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $500,001.00 and up $887.00 for the first $500,000.00 plus $1.00 for each aditional $1,000.00 or fraction thereof. To establish building permit fees for all new construction and additions, multiply eleven dollars ($11.00) by the total square footage, enter that valuation into the above schedule and then increase the results by one-half. To establish building permit fees for all alterations, fire damage, repairs, remodeling, and accessory buildings, multiply six dollars and fifty cents ($6.50) by the total square footage, enter that valuation into the above schedule and then increase the results by one-half. (2) Other inspection Fees: (a) Inspections requested and performed before or after normal working hours (minimum charge of one hour) $15.00/hour (b) Reinspection fee assessed under the provisions of Section 305(g) $15.00 each (o) Inspections for which no fee is specifically indicated (minimum charge of one-half hour) $15.00/hour (d) Certificate of Occupancy inspection for other than new buildings $10.00 each (F) Roof covering shall be fire-retardant. Piro-retardant treated wood shingles and shakes and untreated wood shingles and shakes shall be prohibited. Exceptions The roof covering on existing dwell- ings and structures with wood shingles and shakes may be repaired with fire-retardant wood shingles and/or shakes. The roof covering on additions made to existing dwellings and structures with existing wood shingles and/or shakes may be of fire-retardant shingles or shakes. PAGE 4 i t G ' G#SIR:.iY!`J~ICIkI,:VI`.rk°F 1Ctid4f~i'S'IOi~SLM1,'t.'►tiTi3+?X f4.S.%z'.[i ,wre; '1lYII 'dda®At++'M."[SilF,9YRM: +f3.RFaFVL"m1'61i4R'.YIIia+KIDm41~. 7[ p Skylights shall be constructed as required in A Chapter 34. „x Penthouses shall he constructed as required in Chapter 36. For use of plastics in roofs see Chapter 52. For Attics: Access and area, sec Section 3205. r For Roof Drainage, see Section 3207. g { Section 5-4. CONSTRUCTION OF SIGNS For construction of any sign or any sign structure, the fee shall be ten dollars ($10.00). Section 5-5. ISSUANCE OF BUILDING PERMIT WHERE FLOOD' HAZARD EXISTS A building permit shall be issued only after the building Q official has determined that the proposed building site is reasonably safe from flooding; or if a flood hazard exists, any proposed ne,e construction or substantial improvement (including prefabricated and mobile homes) must: ,r (a) Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure; ' (b) Use construction materials and utility equipment that are resistant to flood damage; and (c) Use construction methods and practices that will minimize flood damage. Section 5-6. DISPOSITION OF WASTE MATERIALS DURING CONSTRUCTION OPERATIONS Waste materials and rubbish shall not be stored nor :allowed to accumulate within the building or In the immediate vicinity, but shall be removed from the premises as rapidly as practicable. Combustible waste and rubbish shall be removed at least daily. No material shall be disposed of by burning on the premises or in the immediate vicinity without permission from the city. Dry material or rubbish shall be wetted down, if necessary, to lay dust or prevent it from being blown about. PART 11s That Division 1, Article II, of the Code of Ordinances of PAGE 5 K it "ail f 179 Mvr `r +r „x4~~+~ r`/A. b~ py }55 hpy~M Q"~' q w,'''i p~' R.~}. 5~1 f ~Y`F +,'if ~k"w< [4f` ft i • 1 . 'y1~1NM:W111l4LiByT~'t - 1b.1~a+N[yel~ttfeFs7`++wtRatl►Ax~etd~P~~x~i+~ialYaY~. r the City of Denton, Texas, heretofore effective, is hereby repealed. X" PART III. That Articte II of the Code of Ordinances of the City of Denton, Texas, heretofore designated "Building Code" is hereby renamed and designated as "Moving Buildings". PART IV. That Division 2 of Article 11, Sections 5-16 through 5-24 is hereby renumbered and designated as Division 1, Sections 5-7 } through 5-15. PART V. That this ordinance shall repeal every prior ordinance and provision of the Code of Ordinances of the City of Denton in conflict herewith and, as to all other ordinances or provisions of said Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. PART VI. That if any section, part of section or provision of any section of this ordinance shall be held to be void, ineffective ar or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way effect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. PART VII. Any person, firm or corporation violating a provision of this ordinance, or who fails to comply with the terms of a permit or certificate issued hereunder, shall, upon conviction, be guilty of a misdemeanor punishable by a fine riot to exceed Two Hundred Dollars ($200.00)1 each and every day that such such violation continues shall constitute a separate and distinct offense and be punishable as such, PAGE 6 rr m t,. r +t ^L, , „ 1 9 T .a ` ~ ru;}'y 1 k . 1 ~ .l~ . ~ 4. TA?'9 J . 1 .1 PART VIII. That this ordinance shall become effective fourteen (14) Iy. days from the date of Its passage, and the City Secretary is c; hereby directed to cause the caption of this ordinance to be t published twice in the Denton Record-Chronicle, the official y newspaper of the City of Denton, Texas, within ten (10) dais o!` ' the date of its passage. i+c~A PASSED AND APPROVED this the a day of 1962. *1R 0TEWA P, F D NTON, TEXAj ` ATTE. ICKI TLING, DE Y CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS iµ BY: PAGE 7 ~ I cfi- Ck, ,1. 1 l~Ja~l ~~i~ ~~n♦ v r ~ 1 et Ii ♦ ° ~1 1 ~ . ~ - r 1v r2` m rf F it r • CEF=ICATE FOR 01MINIPK E CALLING A BOND M=ION THE STATE OF TEXAS • CCUM'Y OF DENI'ON CITY OF DEN ON We, the undersigned officers of said Cicy, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 2ND DAY OF :WUdBER, 1982, at the MurLicipal Building (City Fall) , and the roll was called of the duly constituted officers and members of said City Council, to-wit: Charlotte Allen, City Secretary Richard 0. Stewart, Mayor Dr. A. Ray Stephens Marls Chew Jack Barton Jim Riddlesperger Charles Hopkins Joe Alford and all of said persons were present, except the ^llcwing absentees: Cll&]Qt t e A11 en , nr A. Ray Stephens , thus constituting a quorun. 6llereupon, ar-cn, other business, the following was transacted at said Meeting: a written CRDI:WCE CALLING A BCGD ELECTIai was duly introduced for the consideration of said City Ceu.icil and duly read. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said nation, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the sleeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt frcan said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the tine, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SI AND SEALED the 2nd day of Novmmber, 1982. 4 qty Secretary yon C-FAL)'--------- We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid. //-City At~~rney CG LJLGI Y i Borki A rneys ORDINANCE N0. 82-' ' _ORDINANCE CALLING, A BOND 1ECTION ' THE STATE OF TEXAS ' COUNTY OF DENTON CITY OF DENTON WHEREAS, it is deemed necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordi- nance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That an election shall be held on December 11, 1982, in said City at the following designated polling place: THE DENTON CIVIC CENTER BUILDING. Said City shall constitute a single election precinct for said election, and the following election officers are hereby appointed to hold said election: Presiding Judge: Don Pickens Alternate Presiding Judge: Jo Luker 2. That the Presiding Judge shall appoint not less than two qualified election clerks to serve an,", assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. That by approving and signing this Ordinance the Mayor of said City officially confirms his appointment of the afore- said election officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid election officers. 4. That all resident, qualified electors of the City shall be entitled to vote at said election. 5. That notice of said election shall be given by posting a substantial copy of this Ordinance at the City Hall and at three other public places in said City, not less than 15 days prior to the date set for said election; and a substantial copy of this Ordinance also shall be published on the same day in each of two successive weeks in a newspaper of general circula- tion published in said City, the date of the first publication to be not less than 14 days prior to the date set for said election. 6. That at said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOS16TION NO. 1 f . Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $8,215,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: street and sidewalk improvements; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds provide a sinking fund to pay said bonds at maturity? and PROPOSITION NO. 2 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $3,282,000, with the bonds of each such series or issue, respectively, to mature serially within•not to_xceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: drainage improvements; and shall said City Council be authorized to levy and cause to be assessed an collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 3 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $18,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: purchasing and improving land for park purposes; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 4 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $900,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their data, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of L issuance, as shall be determined within the discretion of the City Council, for the purpose of tie acquisition of property and making i-provements for public purposes in said City, to-wit: right of way acquisition and recons- truction of University Drive; and shalj said City Council be authorized to levy and cause to be assessed and col- lected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 5 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $1,100,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: expansion and renovation of the Municipal Building; and shall said City Council be author- ized to levy and cause to be assessed and collected annual ad valorem taxes in as amount sufficient to pay the annual interest on said bcnd.s and provide a sinking fund to pay said bonds at maturi.t.y? PROPOSITION NO. 6 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $450,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: construction of a new fire substation; and shall said City Council b,~ authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 7 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $110,000, with the bonds of each such series or issue, respectively, to mature serially within not to ex-eed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for ~blic purposes in said City, to-wit: providing additional traffic control signals; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest 3 on said bonds and provide-a sinking fund td'' pay skid bonds at maturity? 7. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings, and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $8,2151000 OF STREET } AND STDEWALF( IMPROVEMENT BOi1DS AGAINST } PROPOSITION NO, 2 FOR ) THE ISSUANCE OF $3,282,000 OF DRAINAGE IPIPROVE 4ENT BONDS AGAINST I PROPOSITION PIO. 3 TOR ) THE ISSUANCE OF $218,000 OF PARK BONDS AGAINST ) PROPOSITION NO. 4 FOR I THE ISSUANCE OF $900,000 OF UNIVERSITY DRIVE IMPROVEMENT BONDS AGAINST } PROPOSITION NO. 5 FOR ) THE ISSUANCE OF $1,100,000 OF MUNICIPAL BUILDING IMPROVEMENT BONDS AGAINST ) PROPOSITION NO. 5 FOR ) THE ISSUANCE OF $450,000 OF FIRE SUB- STATION BONDS AGAINST ) PROPOSITION NO. 7 FOR ) THE ISSUANCE OF $110,000 OF TRAFFIC CONTRO14 SIGNALS BONDS AGAINST } 8. That it is hereby found nd determined that the probable period of usefulness of the proposed improvements covered by the aforesaid PROPOSITIONS is 25 years. 9. That k:ticle 91 Sec. 9.02 of the City Charter contains the following provision and requires this election ordinance to distinq tly spocifyt 4 r 4"(d) A determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas". The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $27,210,000, and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. r, i. 5 r~~rrs n r Form Approved Yr OMB No. 03 R 1501 a;v US7 EPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LO~AN 4 DISCLOSURE/SETTLEMENT STATEMENT 1. FHA' 2. L--%FMHA a, L^J CONV.UNINS, a . • 4. VA S. CONV, INS. M11FE TITLE Company OL Denton 6 f5VANVIi ER 7. LOAN NUMBER ' GF23506-21HF11f e. MORTG, INS, CASE N0. C. NCTF Tn. laim'n W n.hd w p.r Ym -I, 1Rr TMnl d _K'4 cattle mint cmu Am aunts pad la 4M toy tN wrtlxnenI k,,1n16,0 rkpwn, Ibrni mrko "Ip a e.l" caw r pi,4 mIPdr thr iwira, vvy .'r 4~o •m w, la inf,v w I pu,w. and m not rncludd m to 1o1N.. S.11", rnd N'i r rr'r u~n.run'rrran akr o00on km'dalr qwr A of tar pr.[iom, nd Yp~dln filly mdrnardln,, rix Prwa•!om j mil on frym far pnadln,, Yrw u nrln 1 h Ia curnm pr, nd in ml of nY evens a awe Y.x, Ol'oMwV .djmanen tl mmt W made M[wnn sel v .M Punhmi d,,:t, kkr.w ny DEF ICIT In 61inp vngtt nt r T lain W 110r n~mburrd w TAN Cony rnV bV to SNar. MO* VW lacy rorib rhxr'~xraon Y[. la Mr u w court nd im.liDy orr rk na.ddq ir nd Mnrlit. Nr Iw rrar~pt of T b g vtnant. ISELLERI D. NAME OF BORROWER E. SELLER F. LENDER City of Denton, Texas Richard Clerk Shelton 215 E. McKinney Myrtle Elizabeth Shelton Denton, Texas 76201 11S Live Oak Drive Pleasanton,Texas 730(4 G.PROPERTY LOCATION H, SETTL£ME NT AGENT DATES USLTFii Title Company of Penton - - SETTLErEFT--- .4729 ac.G.ValkerS.A1330 Hervey W. Vuest,.ir. 11/18/32 OAIEOF P,rJRAT10NS IF Denton PUCE OF SETTLEMENT 531 N, Locust Street DI FFERENT FROM SETTLEME.T Denton, Texee 76201 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROYVER: 400. GROSS AMOUNT DUE TO SELLER: 491, Contract salES price ' 101. Cc ntrae.i ales, price ' 402. Personal properly 102. Personal property 403. 404. 103. Settlement charges to borrower 22.00 fhvm *w f40a, Sec rim Ll - Adjustmen Is for items paid by seller in advance 104. i -/I a162- 24. 5- 105 405. CaLSLto-in takes to 406. County taxes to Adjustments for items paid by seller in advance 407. Assessments to - 106.Giyaliawittaxes ----24•45 qOg--'----- to 107. County taxes to 409. to 108. Assessments to 410. to 109, to 411. to 110. to-- - - 111, to 420. GROSS AMOUNT DUE TO SELLER 40,,024.45 112. 10 120. GROSS AMOUNT DUE FROM BORROWER: 40tO46.45 500, REDUCTIONS IN AMOUNT DUE TO SELLER; dX. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 501 Payoff of first mortgage loan 201. Deposit or earnest money 502. Payoff of second mortgage loan 202. Principal amount of new ton0ls) 503. Settlement charges to seller 4,448-00 203. Existing toa ni s) t: ken subject to fr„m Farr repo, neon u - 67 204 SII't prorattarw--- 504. Existing loan(s) taken sutnect fo _-.°ecurity-Deposit-- --fflO: - 506. Adjustments forEtfxnsunpaid byseller: - - 507--Cotmtyand-state taxes-1962---` 208. City/town taxes to - - - 5 choo3 tales-3982-DI9D 207. County taxes to 509' - - ` 208, Assew. ents to 209, to ADJUSTMENTS FOR ITEMS UNPAID BY SELLER - 210, to 610.Cityltowntaxes to 211. to 511 County taxes to - 212. - to 512. Assessments to - 220. TOTAL PAID BY/FOR BORROWER: 212.67 514-- to - 300. CASH AT SETTLEMENT FROM/TO BORROWER; 515' to 518. to 301. Gross amount due from borrower 520. TOTAL REDUCTION AMOUNT DUE SELLER: 17, 468.45 Msnl s/wrn 40o 046.45 , 600.CASH AT SETTLEMENT TO/FROM SELI_Eq 302. Less slrllouhls paid by or in behalf of borrower 601. Gross amount due sailer 40, 024.45 MAa Mw as issom tiom S.. 8 t Y 212.6 602. Lea total reduction in amount due to _ 17, 48• 4 se{ ter te.m Ar aaa t 310. CASH (M AEOUIrUO FAOMI0A 399833P7 22,55L.00 (=PAYABLE TO) BORROWER: 60:3. CASK (ETTO) 1 FROM) SELLER i x ~ ~ PAGE ] L. SETTLEMENT CHARGES • e e PAID FROM PAID FROM 700. SALESICROKER'S C('MMISSIOWbascti un rrice 5 @ % 1 BORR0W4LR'S SELLER'S FUNDS AT FU.IDSAT Qisision of Commission pine 700) as follows: + SETTLEMENT SETTLEMENT 701,5 To 702.$ To 703. Commission paid at Settlement 704. 800. ITEMS PAYABLE IN CONNECfiON WITH LOAN 801. Loan Origination Fee % 802. Loan Discount % 803. Appraisal Fee 804. Credit Report 805. Lender's Inspection Fee &16. Mortgage Insurance Application Fee to 807. Assumption Fee 808. - 810. 811. - 900. ITEMS REQUIRED BY LENDER TO BE PA1D IN ADVANCE 901. Interest from to @$ Iday 902. Mortgage Insurance Premlumfor months to 903. Hazard Insurance Premium for years to 904, years to 905. - 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance month,. @ S per month - 1002. Mortgage Insurance months @ $ per month 1003. City property taxes months @ $ per month 1004. County property taxes months @ $ _ per month 1005 Annual Assessments months @ $ per month _ 1096. months @ $ Per month 1007, months @ $ per month - 1008. months @ S per monCt 1100, TITLE CHARGES 1101. Settlement or closing tee to USLIFE Title Company of Denton _ 15.00 1102. Abstract or title search to 1103. Title examinarion to 1104. Title insurance binder to 1106. Document preparation to Phlliri;Vhhlte etel _C000-00 1106. Notary lees to 1107. Attorney's fees to _ lincludes above items numbers; 1109.Titteinsuraxiito USLIl'E Title Cost eQ ~ of Denton lincludes above items numbers;_ 1 1109. Le er'$ coverage $ 1110.Owner9 rover+ge S _ 1111. 1112. _ 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201, Recording fees: Deed $ _ 7 •W__ ;Mertgagts S_ 100 Relerses S - Y ,00 1202. City/County tax/stamps: Deed $ ;Mortgage $ 1203. State toxlnamps: Deed $ - :Mortgage $ 6. 00 1300. ADOITIONAL SETTLEMENT CHARGES 1301. Survey 10 A 'A 00W1"4I1-In9-JL-_____ 72e00 1302. Pint Inspection to _ 1~• 1304. 14t10.Y'OTALSETTLEM NTCHARM(FNTERONLINES103,SECTIONIAND602,SFCTIONM 22,,00 4,,48,00 ` HUDI PlN, Wig) A ` ' C. F. BALLARD & ASSOCIATES, INC. REGISTERED CIVIL ENGINEERS & SURVEYORS 218 NORTH AUSTIN PHONE IH17) 337.0306 DENTON. TEXAS 76201 NOVEMBER 5, 1982 FIELD NOTES TO 0.4729 ACRE IN THE G. 14ALKER SURVEY, ABSTRACT 1330, DENTON COUNTY, TEXAS All that certain tractor parcel of land situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, being part of a 42.5 acre tract conveyed :a X.E. Edwards, et al to E. I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, Deed Records of Denton County, Texas, and being the same tract described in a deed from Richard Clark Shelton to Gray W. Shelton on August 3, 1976 and recorded in Volume 799, Page 358, Deed Records of Denton County, and being more particularly described as follows; ::.BEGINNING at a corner in the middle of a public road on the North line of said ;'742.5 acre tract at a point S. 88° 00 30" E. 497.22 from the Northeast corner of a 5.00 acre tract described in a deed from Robert E. Edwards to Colin E. Hiley recorded in Volume 960, Page 281, Deed Records of Denton County; THENCE S. 88 00' 30" E. with the North line of said 42.5 acre tract in said road 100.0 feet to a corner; THENCE S. 1° 09' 20" W. 206.0 feet to a steel pin; THENCE N. 88" 00' 30" W. 100.0 feet to a steel pin; THENCE N. 1° 09' 2011 E. 206.0 feet to the Place of Beginning and containing in all 0.4729 of an acre of land.I !i ~1~11 8 •;2 + ~ ~r • ~ 7- _j J R _ Fwm Apprmod /F OV9 Ni a}R 1 Sol S A. US'. DEPARTMENT OF HOUSING AND URBAN DEVELOPM$NT B. TYPE OF LOAN DISCLOSURE/SETTLEMENT STATEMENT. 1. FHA 2. E=FMHA 3. t-{COWLWINS. r 4. Q VA 5, U CONY, INS. U,,VFE TITLE Company of Denton G. FILENUM6ER 7. LOAN NUMBER GF23505-21lin' a, MORTG. INS. CASE N0. - _ ; C. NOTE Teo lam it Iw n, Aed w avr Y~ . row-t+rnt r' wYUY fe [der»nl cwb. Mountl pad to rd W Tt wtt4mrnl .pool rr. Town, Ibm[ rryrA.d "IP.eel" wrt mid outud d.. rlmine If., .n dwvm Mr. fa inlwmWUnN purpnfr • 411 Inclod.d in ti ow, 5411r1 .nd li owl Mnon twwledpts fi'nhMir isfi of to pr IX.Iipn, rd II~[dm Tor undnhndrq Ttl Drpai ml rnn tn[.d an flyurr[ la pnodm, pI, v rdmoLf fa currol]]'~trw, in nn f damp[ turrnu n rowuary od,ssms" must is mode p.tveen S4 rna Pmahwr dine; hx,.n,, ii OEPIOIT in di teess a 'I be ram Wrf.d to Titit Comi by ft for. rW Me... fmi nad T i. ttabmml. bind it ed rcl and .pp w [ tl,. d'nhuf. - m.ntl o this Tn.m In our uv nd Wnfit. W. MnW wknoNrdpt rrc.ipt of Tit s tatwn.nl. iSELLERI - D. NAME OF BORROWER E. SELLER F. LENDER City of Denton, Texas Farl I. Edwards 215 E. YcKinnoy Ruth Edwards Denton, Texas 76201 Rt. 7, Box 64 Denton, Texas 76201 G. PROPERTY LOCATION H. SETTLEMENT AGENT DATES USLIFE Title Company of Denton SETTLEMENT 2.6465 ace in 0. Walker, A-1330 Harvey E. Wuest, Jr. 11/18/82 Denton PUCE OF SETTLEMENT DATE OF PRORATIONS IF 531 N, Locust Street DIFFERENT FROM SETTLEMENT Denton, Texas 76201 J. SUMMARY OF BOR ROWE R'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 400 100. GROSS AMOUNT DUE FROM BORROWER: . GROSS AMOUNT DUE TO SELLE 901. Contract sales price r 101. Contract sales price 402• Personal property 102. Personal property 403, _ 103. Settlement charges to borrower 404, _ 22 . OO _ !non Off rrup, selection t.) Adjustments for items paid by seller in advance 104. _ -tt f 48}82- - ~ 8 405.6ieyiewo taxes to to 105. _ _ - _ J 406. County taxes to Adjustrnii lot items paid by seller in advance 407. Assessments to 106. GigJaussin taxes lfift~"`to ' t f 8 121- PA 4 to 107. County taxes to to 106. Assessments to 410. _ to 109, to 411. to 110. to 111 to 420. GROSS AMOUNT DUE TO SELLER 2201 120.34 112, to 120, GROSS AMOUNT DUE FROM BORROWER: 220,142.84 B;JO REDUCTIONS IN AMOUNT DUE TO SELLER: 20.''e AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 501 Payoff of first mortgage loan 201. Deposit or earnest money 602. Payoff of second mortgage loan 202, Principal amount of new Ioari 503. Settlement charges to seller 23' 560• 203. Existing loan(s)taken subj t to faum&V IadD, rrcdee0 1 b!'iti 3 1181IXNH - 7 504. Exislig Iffanfsl taken subj Ito 205. 505.vAsi pZ'01'BtiaD-5i. 1 t 605 State a V*=ty--tlMzeV-- Adjustmonta for Items unpaid by taller: - 507•_ } 2013:Cltyllotantaxes to 61 207. County axes to 201 Aatesstmefu , to _ ~Op 10 ADJUSTMENTS FOR ITEMS UNPAID BY SELLER 710,to cityltown taxes 10 211. to 611.County taxis to _ 212: to 612. Assessments to - 220,1'01 AL PAID BY/FOR BORROWER: 262617 $14. - to s 515. to s 300, CLASH AT SETTLEMENT FROM/TO BORROWER: 615 - to - - to 301,GroNlsro(.untdufrfrom borrower 520, TOTAL REDUCTION AMOUNT DUE SELLER: 241824,E+0 fNr,arfagi 220,142,84 600. CASH AT SETTLEMENT TOjFAOM SELLER 601. Gross amount due seller 220,120a84 302, Lou amounts po+d by or in behalf of borrower rtia,y 262.1 - 602. Lei total row.tion i t amount duo to 24.824 d t-- seller fli asset lid 1 1 32191880,67 1951296.04 PAYABLE TOO BOA ROWER, 603. CASH 4 jf OI i FROM) SELLER LAUD, I R EV, ($not ~A r. 1 PAGE 2 L. SETTLEMENT CHARGES M PAID FROM PAID FROM 700, SALESIBROKER'S G011AS4ISSION based on price $ a BORROWER'S SELLER'S -'-"T - e FUNDS AT FUNDSAT Div;siono'Commission {Iine700)asfollovvs: SETTLEMENT SETTLEMENT 701.$ Tc 702.5 To 703. Commission paid at Settlement 704^ - 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % _ 802. Loan Discount % 801 Appraisal Fee 804. Credit Report 8D5. Lender's Inspection fee 806. Mortgage Insurance Application Fee to _ 807. Assumption Fee 8DB. - - 809. ~ - 810. - - oil, 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 90i.Interest from to CS /day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to _ 904, _ years to _ 905. - IWO. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months @ $ per month 1002, Mortgage Insurance months @ $ per month - 1001 City property taxes months @ S per month 1004. County properly taxes months @ $ per month 1006, Annua' Assessments months @ $ per month - - - 1006. months @ S Der month _ 1007• months @ $ per month 1008, months @ $ per month , 1100. TITLE CHARGES 1101. Settlement or closing fee to u*LpjFZ Title company Of Denton 1102. Abstract or title search to 11103, Title examination to J _ 1104. Title Insurance binder to 1105. Document preparation to per whit a fg B 2211000.00 1106. Notary fees to I101. Attvney's feet to _ . Ilncludn above items numbers; 1108. Tt •le Insurance to USE-Title Coupanr ZT Don t S ncludet above items numbers; - 1106. Lender's coverage S _ 111o.owner's coverage S 220#000a00 1111• 1 H2, _ it 13. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 7.00 ;Mortgage $ _ .00 Releases $ _ 7a00 1203. Oftylcourty tax/stttmps: Deed S ;Mortgage $ 1203, State tax/sterro; Deed S ;Mortgagd S 1204• rt1loetoa to USLIfS Title Coarenr of Denton 6 1300. ADDITIONAL SETTLEMENT CHARGES 11301. Suneyto Ca llalU A daeoaiateea 1110' _ 3915,01D 1302, Pest Iing*cl'ton to _ 11304, Ojos. 22 11100. TOTAL SETTLCMENT CHARGES (ENTER ON LINES 103, SECTION J AND 502, SECTION KI 2"D MM560,20 M1C1 AN.le7lel C. F. BALLARD & ASSQCIATES, INC. REGISTERED CIVIL ENGINEERS & SURVEYORS 215 NORTH AVS•rIN PHONE 1617) 357-0706 DENTON. TEXAS 76201 NOVEMBER 5, 1982 FIELD NOTES TO. 2.6465 ACRES IN THE G. WALKER SURVEY, ABSTRACT 1330;; DENTON COUNTY, TEXAS. All tl,..t certain tract or parcel of land lying and being situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, and being part of a (called) 42.5 acre Second Tract as described in a deed from Ira E. Edwards to Earl I. Edwards on July 25, 1945, recorded in 'lolume 316, Page 368, Deed Records of Denton County, and being r.~ore•fully described as follows; COMMENCING at a steel pin in the middle of an East-!?est road at the Northeast corner of said 42.5 acre tract which is the Northwest corner of a 1.196 acre tract described in a deed from E. I. Edwards to Robert E. Edwards on July 7, 1972, recorded in Volume 650, Page 44, Deed Records of Denton County; THENCE N. 880 00' 30" W. with the North boundary line of siad 42.5 acre tract in the middle of said road a distance of 110.0 feet to a steel pin at the Northwest corner of a tract to Robert L. Edwards recorded in Volume 719, Page 268, Deed P.eoords of Denton County, and being the Point of Beginning; THENCE S. 1° 09' 20" W. a distance of 206.0 feet to a steel pin at th8 South- west corner of said Robert Edwards Tract; THENCE S. 88° 00' 30" E. with the South boundary line of said tract a distance of 110.0 feet to-a steel pin; THENCE S. 1° 09' 20" W. a.distance of 44.0 feet to a steel pin at the South- west-corner of said 1.196 acre tract; THENCE N. 88° 00' 30" W. a distance of 634.22 feet to a steel pin; THENCE N. 10 09' 20" E. a distance of 25C.0 feet to a steel pin in the middle of an East-West road on the North boundary ling of said 42.5 acre tract; THENCE S. 88° 00' 30" E. with the North boundary line of said 42.5 acre tract in said road a distance of 324.22 feet to a steal pin at the Northwest corner of a tract described in a deed to Gray W. Shelton and recorded in Volume 799, Page 358, Deed Records of Denton County; THEI4CE S. 1° 09' 20" W. with the West boundary line of said Shelton Tract a distance of 206.0 feet to steel pin; THE14CE S. 880 00' 30" E. with the South boundary line of said Shelton Tract a'distance of 100.0 feet to a steel pin; THENCE N. 1° 09' 2011 E. with the East boundary line of said Shelton Tract a distance of 206.0 feet to a steel pin in the middle of an East-West road; THENCE S. 88° 00' 30" E. with the N. boundary line of said 42.5 acre tract in said . road a distance of 100.0 feet to the Point of Beginning, containing 2,6465 acres of land. 1 Z86T 8 1 AON C~ t y Form Approved OMB No. a}R 1 501 A. e6 S. D€PARTMENT OF HOUSINt: aND URBAN DEVELOPMENT B. TYPE OF LOAN - DISCLOSURE/SETTLEMENT STATEMENT , I. Cl Feet 2. OFMHA 1LU CONY. UNIN;. • ' • 4. C.7 VA S. L~ CONY. INS. 4 UPLIFE TITLE Company of Denton 6 FILE NUMBER 7. LOANNUMBER ' GF23504-21HEw e. MORTG. INS. CASE NO. -C. NOTE Tha form 'a fu•non.d w are va+. rtretanl d xYUd xtberryrl cab Amaunb pe die nd by he xWsmem wiml o sAOwn, Item, miA dJp e. wns pnd wisAt h. dmiev; tay an da.m late Ia nlormniata p ,pc rrd r. not included in tt tot/t. SNMr'k itd rdm,', Npn Iv on .c&n It n b'i%Er'" ,pr,rw~ pl ta, ym.tion nd ligm1 t td, vnAntt,&N hd p~.vwv avn W.M w fai P"Mits yen. a nbm.m la "rant yr. /d In "old y drrry, ceturn vow, I ne.et,y tajustmenx must be mrk b.tv.an %rchdor dinet, IAo*ix any DEI'ICIT in drlhnxutnl rave, will to ralmbureed w Title Co wy by da S.xee. Nr n.ve..emn.d 01 tatrr'anl, find it cared nd.ppra. the data nr men, a oho. tatran to out ux xnd tarufit. We nenby cknaMeJp. I , rete~pl of fin iof m t. (SELLER. D. NAME OF BORROWER E, SELLER F.LENDER City of Denton, Texas Earl I. Edwards 215 E.NccKinney Ruth Edwards Denton, Texas 76201 Route 7, Pox 64 Denton, Texas 76201 G. PROPERTY LOCATION H. SETTLEMENT AGENT DATES L'SLIFE Title Company of Denton SETTLEMENT 114.9168a126ac.GValkerS A133O Ramey E. Yuest, Jr. 11/10/82 Denton County PLACE OF SE TTLEMENT DATE OF PRORATIO'S IF 531 N, Locust Street 01 FFERENT FROM SETTLEMENT Denton, Texaa 76201 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM 80AROWER: 400. GROSS AMOUNT OLIE TO SELLER: 401. Contract sales price s ' 101. Contract sales price , LM- LIQ 402. Personal property 102. Personal property 403. 103. Settlement charges to borrower - 4tA. ftax Ane IAM, section 0 ----'24.00 Adjustments for items paid by seller in advance 105. 405. Cia~ taxes -I I I to 406 County taxes to Adjustments for items paid by seller in advance 407. Assessments t T 106. c eslleewn taxes t2 a 1 T-1 ]8 fa•32 408. u 107. County taxes to 409• to , 108. Assessments to 410. to - 109. to - 411. to 110. to iii to 420. GROSS AMOUNT DUE TO SELLER 112, to 1870010.52 120. GROSS AMOUNT DUE FROM BORROWER: 1870034.52 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 20D. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 501, Payoff of first mortgage loan _ 201. Deposit oe earnest money 502 Peynff of second mortgage loan - 202. Principal amount of new loan(s) - 601 battlement chargnf to seller 203. Existing loo n lsl taken subject to n ox ln. ram, a at m tl 20 , 085.20 204 504. Existing loantsI taken subject to _ 206. state d Coun y axes 1987-- ~t3a on n ep:~*ct!oo -3'aiee-1982 T . Adjustments fa items unpoid by seller: 20B.C!ty/town taxes to 6a' _ 201. County taxes to 209.Asitissmento to 20p to ADJUSTMENTS FOR ITEMS UNPAI D BY SELLER to 610.Cityltownuxes to 210r 211, to 511. County taxes to 212, to 512. Assessments to 673. 210. TOTAL PAID 9YIFOR BORRDWER: to 511. to 47 SETTLEMENT -ROM/TO BORROWER: 5t5.~ to_ _ 518. to 301, Grose Mrount (Lot from borrower , 1120. TOTAL RE DUCTtON AMOU NIT DUE SE LLE R: 20072.51 f plrram nL7 MoOM.52 600.t'ASHATSETTLEMENTTOIFROMSELLER 801 amts ctkdint due "net 1197,UIO. S>i 002, Lots tarmunts paid by & in lwhaif of borrower (1Vhl e. Ink1 Msdsslabills % ( 602, Lou Ute1 reduction en aM,wnt dust o F t t "!let AweaWno 120t172, Ml E tR1Q PAYA- XI BORRMER: 603. CASH 1 [3TG) ' []'ROM) SEL . A FN101111W line) arras - - • ~ C a 6 f c PAGE 2 L. SETTLEMENT CHARGES ' 700. SALESIBROKER'S COMMISSION based on price $ @ % e s PAID FROM PAID FROM 'a 8ORAOWER'S SELLER'S FUNDSi FUNDSAT a Division of Commission Iline 700] is follorn, SETTLEMENT SETTLEMENT 701.$ To f 702,$ To s 703. Commission paid at Settlement - 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % 802. Loan Discount 803, Appraisal fee 804. Credit Report 805. Leveler's Inspection Fee M. Mortgage Insurance Application Fee to 807. Assumption Fee 608. 809. - 810. 811. - - 900. ITEMS REOUIRI'0 BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. - years to 905. - 1D00. RESERVES DEPOSITED WITH LENDER 1001, Hazard Insurance months @$ per month 1002. Mortgage. Insurance months @ $ pr;r month - - 1003. City properly taxes months @ $ per month 1004. County property taxes months @ S per month - 1005. Annual Assessments _ -momhs @ $ per month 1008, months @ $ per month - - - 1007, months @ $ per month 1008, months @ $ a month 1100, TITLE CHARGES 1101. Settlement a closing fee to USLIFE Title~l~ of untOQ- 1 ° 00 15.00 1102. Abstractor title search to 1103. Title eKemination to _ 1104. Title insurance bindw 10 _ 1105. Document preparation to PhiliDBa Yhlte eta! _ 18,700,00- 11 Notary fees to 1107. Attorney's fees to lincludet above items number; f 1108. Title Insurance to USLUE Title CQQjtRD] of Deviliori - 1.007.57 lincludes above items number; 1109, Lender's coverage $ 1110.0wner's coverage S a-wo, Q 1111. 1113. 1200. GOVERNMENT RECORDING ADO TRANSFER CHARGES 1201, Recordingfeee: D_eeci iv% ;Mortgage$ .00 Relesscs$ Q.QQ 1202. City!eouhty tax/stamps; Deed $ !Mortgage $ 1203. State ta %Is I amps, Dead S Mw I"$ 1204.TAX LE e_ 00 _ 1s..,at>te. nr hne! 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Su_ rvayto res.$IL21tl~-J1C/041t=04*-IIIC. - - 1302 Pest Inspection to _ MO. 20-00 1304. ~`~tYB' _.-=p j?iAtOR_~pL1g*g._Clei= 5400,10TALSE(TTTLLEtME14TCHARGE~S/IENTERONLINES103,SECTIONJAND602,SECTION91 24,00 20s085e2 t V^t HUD I KIKV. W31 C. F: BALLA'RD & ASSOCIATES, INC. RFGISTERED CIVIL ENGINEERS & SURVEYORS 215 NORTH AUSTIN PHONE (8171 787.0506 DENTON, TEXAS !6201 November 5, 1982 FIELD NOTES TO 0.126 ACRES IN THE GIDEON WALKER SURVEY, ABSTRACT 13308 DFN- TON COUNTY, TEXAS All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Dent6n County, Texas, being a part of a certain (called) 42,5 acre Second Tract described in a deed from Ira E. Edwards to Earl I. Edwards on the 25th bay of July, 1945, and recorded in Volume 316, Page 368, Died Records of said County, and being more fully described as follows: BEGINNING at the Southeast corner of a (called) 0.501 acre tract described in a deed from Earl I. Edwards, et ux, to William Warren Edwards, ct ux, on the 24th day of N''ovember, 1971, and recorded in Volume 634, Pagla 169, Deed Records of Denton County, Texas; THENCE S. 10 09' 2'1 W. a distance of 50.0 feet to a steel pin; THENCE N. 88° 00' 30" W. a distance of 110,0 feet to a steel pin; THENCE v. 1. 09' 20" E. a distance of 50.0 feet to the Southeest corner of said 0,501 acre tract; THENCE S. 88° 00' 50" E. with the South boundary line of-said 0.5C1 acre tract a distance of 110.0 feet to the place of beginning, containing in all 0.126 acre of land. 4 6.1F. E3AL LARD & ASSOCIATES; INC. REGISTERED CIVIL EN,;1NEERS b SUKVEYORS r ale )•ORTH AUS-Till PHONE (817) 307.0506 DENTON. TEXAS 76201 NOVEMBER 5, 1982 FIELD NOTES TO 1.14.9165 ACRES IN G. WALKER SURVEY, AB. 13301 DENTON COUNTY, TEXAS. All that certain tract or parcel of land situated in the G. Walker Survey, Ab. 13301, Oentoo County, Texas, being part of *hat certain 82.62 acra First Tract and part of that certain 42.5 Second Tract in a deed from I. E. Edwards et ux to E.I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, plus part of a 15 acre tract deeded by A.R. Durham et ux to W.A. Edwards on April 11, 1890, recorded in Volume 45, Page 38, Deed Records of said County, and being more fully described as follows; BEGINNING.at a fence corner at the Southeast corner of said 82.62 acre tract on the East line of the 219 acre Lot 6 of John R. Henry Subdivision of said G. Walker Surve at a point-1594.4 feet North of the Southeast corner of said Lot 6; THENCE N. 87° 11' 36" W. with a fence 2405.17 feet to an axle; THENCE 11. 1° 41' O8" E. along and near a fence 541.96 feet to a fence corner; THEf'~CE N. 87° 37' 54" W. with a fence and a crossing the West line of said 219 acre tract.at the Southeast corner of said 15 acre tract 831.02 feet to the South- ►.est corner of 15 acres and the Southeast corner of said 42.5 acre tract; THENCE.14. 88° 15' 45" W. with a fence 792.29 feet to a fence corner at the Southeast corner'of a 4.001 acre tract; THENCE N. 1° 09' 20" E. with a fence 1058.77 feet to a steel pin;' THENCE S. 88° 00' 30" E. 110.0 feet to a Steel pin; THENCE N. 1° 09' 20" E.-250.0 feet to a corner in the middle of a public road; THENCE S. 88° 00' 30" E. With the middle of said road 63.0 feet to a corner; THENCE S. 1° 09' 20" W. 250.0 feet to a steel pin; THENCE S. 88° 00' 30" E. with a fence part of the way 970.99 feet to a fence corner; THFNCE N. 10 31' 41" E. with a fence 127.24 feet to a fence corner; THENCE S. 74° 05' 01" E. with a fence and crossing the East 'ine of said 15 acre trac which is the West line of a 219 acre tract 2482.94 feet to a corner in Pecan Creek; THENCE down the middle of Pecan Creek with its meanders the following 9 courses and distances: '(l) S. 86° O1' 24" E. 413.93 ft. (2) N. 74° 58' 49" E. 80.29 ft. (3) S., 68 '45' 03" E. 41.40 ft. (4) S. 90 48' 50" W. 82.92 ft (5) S. 10° 02' 01" W. 74.50 ft. (6) S. 24° 19' 55" W. 55.15 ft. (7) S. 0- 10' 32" W. 62.13 ft. (8) S. 70 15' 34" E. 130:39 ft. (9) S. 37° 291 15" E. 26.28 ft. to a corner in said creek; THENCE S. 4°.11', 22" W. with a fence and the East boundary line of,said 82,62 acre tract a distance of 744.55 feet to the Point of'Beginning,,containing 114.9165 acres of land. 086T 8 I AON f 1 (~Oll~m~~ g2 s~93~ Page 4A, THE DENTON COUNTY ENTERPRISE, Thursday, November 11, 1982 Tom Thumb Jr. Garden Club Free health scree plans Christmas celebration at Denton Civic The theme for une guest. Kelly rate the birds' A free glaucoma Bank will el Tom Thumb Junior Baugh, enjoyed the Christmas tree and screening, diabetic there to typo Garden Club Nov- refreshments in the decorate the foun- detection and blood blood and take ember meeting was home of Lisa Huil. tain and plant bulbs. pressure checks will donations. "Keep the Land The members made The Christmas tree be offered for adults Glaucoma Lovely as a Flying anti-litter posters to party will highlight 35 and over on disease causin Flower." be entered in the the meeting with a Thursday, Nov. 18, pressure in th The meeting was Woodsey Owl con- gift-exchange in the 1982, from 4:00 P.M. ball which Balled by President test. home of Mrs. Alton to 7:30 p.m. at Den- untreated, res Caron Richel. Amy For the December Blankenship, 920 ton Civic Center, 2115 the gradual 1 Shanks lead the meeting plans were Panhandle Street on East McKinney sight. It occur Junior Pledge. Thir- made to go to Flow December 9. Street Bell sons frequently 35 years teen members and Hospital and deco- Wadley Blood or over. The free New Voting Districts Contemplated Wwilight Garde The City of Denton will hold a public hearing to to meet Deeem discuss proposed changes In its single member The Twilight Gar- dens and taki voting district on den Club members in Denton gar November 16, 1982 at 7:00 PM met Monday, Nov. 8, activities, I at the home of Mrs. come to our ms, The location of the meeting will be City Council J. den and heard meeting on Chambers located in the Munlciple Building at Stanley B. Lovelace, 215 E. McKinney County Extension Horticulturist, All Interested parties are invited to attend. speak on "Conserv. ing Water." ` Mr. Lovelace showed slides that were made when he was a conserva- Na ma end I wont to express to sock and every one of you tionist in El Paso. our deep and $1were appreciation for your vote of confidence Because of the E1 LOBSTE In Ilse coanty Judge's race. Paso climate and the most delicio !ow rainfall there he culent food. Oar toanry, vows and'mine, faees many, may thelleeges. I explained and ster, that Is, sincerely beNeve, as I said may times over darhp my showed s l i d e s lobster is m tesapaII ,that ceoperetion Is the key to good Denton County regarding the need ate food and govertreent, I will pursue that mrse with yew kelp. for learning to water never had e ' your yard effec- Since I's Men, of ,ue tentrlbuted your money end labor, In sae our tively and thus elim- childhood an tbnss6 yea notes miss you we apologize. We sincerely thenk f a s t i n g d a i l y ed ult life every do@ perm 40 over Denton County who spoke for me, watering. Midwest, t pat cep a sign or gave time and money to my eompotgn. I WIN 't'here are various shellfish that demsybest tohmAyand fairly represent all the citizens of sacs of watering about was Denton Co". and many effective However, m tools available, Ne)v Engla Sometimes the way being Introd we water, at least Maine Lobs 60% of the water Is the highligh wasted, culinary car The Twilight Gar- Once in don Club meets the my husba t second Moods take me o EDWARD M JOHNSON 6 ASSOCIATES. INC. -7 PUBLIC W)TICE Pursuant to Section 73.3580 of the Federal Communications Commission Pules and Regulations, Notice is hereav given that on September 20, 1982, an application.was filed on FCC Form 301, with the FCC, Washington, D. C., requesting a I construction permit to build a new FM Broadcast Station in Denton, Texas, on Channel 256. Transmitter is to be located at 330214001t, 97038112". The applicant is Denton Media Company, c/o J. Robby McClure, P. 0. Box 160, Gilmer, Texas 75644. The application will be placed on file for Public Inspection at the City Administration Building. r . q 0v 1 2 1932 y9.33 EdwarO, M. Johnson & Associates, inc. Suite 450, One Regency Square, Knoxv0le, Tennessee 37915 (615) 521.6464 Washington, D.C. (202) 775-1802 _ i November 8, 1982 ic:;V 1 2 1932 City Administration Building Attention: Registrar's Office Denton, Texas Dear Sir: Please place the enclosed FCC Form 301 on file for public inspection to comply with the FCC rules and regulations. If there are any questions, please advise. Sincerely, EDWARD M. JOHNSON 6 ASSOCIATES Dottie Vaughan dv Enclosure OATH 0 F OFF I, E CITY OF DENTON BOARD AND COMMISSION I, FANNIE BELLE GAUPP do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of Human Resources Advisory Committee of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersiggnod on this the day of UnvAnthAr , A.1). 14 82 To certify w ch witness my an an seal o office. ` ARY CITY OF D TON, TEX& I 0264C 0 ~ . x a~ r r Y ~ i~ X9'33 OATH OF OFF I.CB CITY OF DENTON BOARD AND COMMISSION is ETHZLYN DAVIS , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of Human Resources Advisory Committee 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. ~J IV aw.~~.aJ Subscribed and sworn to before me the undersied on this the I nth day of "2 r , I.D. Alg 82 . To cert y w ch witness my an an seal o o ice. CLTY OF NTON, THOS 0264C A~~ 933 OATH OF OFF I.CB CITY OF DBNTON BOARD AND COMMISSION I, PAUL WILLIAMS do solemnly swear (or affirm) that I will faithfully execute the duties of the office of member of Plumbing and Mechanical Code Hoard of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the iQtb~ day of , A.D. 19 as To certify which witness my a an seal o o ice. CITY OF ENTOW, TEXAS 02b4C s 3 ~o~~~ u ro ~ w ~ ~w IN TM NIATTER OF CITY OF DENTON (Vicki Westlint?) THE STATE OFTEXAS Roy Appleton, Jr. County of Denton being dcly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in sold paper on the follow- ing dates; NOTICE OF ELECTION NOVEMBER 189 21P 25, 1982 934 lines $19120.80 Subberibed and sworn to before me this _ 25 day of _ November _ ,19 82 Witness my hand and official seal. Notary Public, Denton County, Texas DEC 2 188E r° Edward M. Johnson V & Associates, Inc. Suite 450, One Regency Square, Knoxville, Tennessee 31915 i (615) 521-6464 Washington, D.C. (202) 715-1802 NOV 1 2 1982 l July 22, 1982 ( Mr. William J. Tricarico, Secretary Federal Communications Commission 1919 M Street, N.W. Room 222 Washington, D. C. 20554 Re: Application - New Full Service FM Station Denton, Texas Channel 256 Dear Sir: Forwarded herewith in triplicate, at the request of Denton ( Media Company, is an application presented on FCC Form 301, requesting authority to construct a new Commercial FM Station in Denton, Texas, on Channel 256. Applicant certifies that the necessary Public Inspection File and Public Notice according to Commission Rules, t. Section 73.3580, will be timely published. If there are any questions, please advise. Sincerely, Edward M. Johnson Consultant to Denton Media Company EMJ/dv Enclosure cc: Public Inspection File EOWAAO M. JOHNSON i ASSOCIATES, INC. • IABOLATION OF TWO CONTOUR CALCULATIONS VA CHANNEL 256 AIINUTH ERP9 KY. HAAT, FT. 3.141501 11501 0 100 960.25 30.62 44.586 45 104 1005.3 31.423 45.29 90 100 1055.3 32.023 45.914 135 104 922.25 34.300 43.989 100 100 994.25 31.262 45.126 225 100 1060.3 32.084 44.043 210 100 1016.3 31,555 45.44 315 100 1010,3 31,519 45.461 101 100 988.25 31.2 45.03 AREAS, Sq. Ni a 3095.4 4430.8 OVERALL HEIGHT ABOVE AVERAGE TERRAIN 1004.1 ALL CONTOURS IN MV1N AS DETERMINED FY SIVARIATE INTERPOLATION USING VALUES FROM APPROPRIATE FCC 1150,601 AND F1509101 CARVES. L NOV 1 2 1932 • For Commission Use Only United Stew of America Approved by OMB Federal Communications Commission 3060-0021 Wsshineton, O,C. 20SS4 Expire 12131/114 File No. ` APPLICATION FOR CONSTRUCTION PERMIT FOR COMMERCIAL BROADCAST STATION (Cerefultyred l inurrfon16efore fdluy out Form-RETURN ONLY FORM TO FCCI Racoon I General Information 1. Nand of Applicant Street Addren N OV 1 1 Denton Media Company p l l { ~I IBlol ~ 1116 101 I I I I I I I I I E 1 1 1 City State ZIP Code Telephone No. X ~ 7 g (Include Area Codel IGi ILIMI !RI 1 1 1 I l t l l l l t l l l W W i f Ib141 I-I I I 1 1 (214) Send notkn and communications to the following named person at the eddrou below: 843-5565 Nant! Street Addron IJI IR101 4BIYi IMiol QLIU#k !EI I I I 1 F1 101 IS 101 H 1116 101 11 1 1 1 1 1 1 1 1 1JJ i I I I 11 1 1 1 1 IJ I I 1 1 1 1 1 City state ZIP Code Telephone No. (Include Aree Coda IGI 11LIMF IR1 I I 1 1111 l l I I I I I T-J 170 161414 1 1 1 1 (214) 2. Thieapplication isfor: ❑AM QxM ❑TV 843-5565 Is) Charm l No. or Frowency: 256 61 Community of license: City State D 1EI NI 101M I I I I I I I I I I I I I I LT1.1d 10 Check one of the following boxes: Change in existing nation Amendntont to pending Now Stnion Major Minor Application ❑ ❑ ❑ Modification of Construction Permit Call Letters L! LL J' uJ Give reference No. NOTE: it p not rotassary to vu this form to amend a previously filed application. Should you do so. however, plane submit only Section I and thou t other panic ns of the form that contain the amended information. 3. Is this AWIcation mutually exclusive with a renawel appl W Boni DYES MNO i II Yea, date: Call knten: Community of ticansa: City State 1 1 1 1 U _J I LJ 11 I I I I 1 I I J I I! E 1 1 1_" W fCC 301 rioction It Legal OueHfiatione Name of Applicant DENTON MEDIA COMPANY 1. Applicant is: /check one box below! %fn Individual ❑ e general partnership ❑ a corporation ❑ a limited partnership ❑ otMr 2. If the applicant is an unincorporated astccistion or ■ legal entity other then an individual, partnerthip or corporation, describe in Exhibit No. she nature of the applicant, Cit'tseruhip And Other Statutory Requirements YES NO 3. (a) Is the applicant in compliance with the provisions of Section 310 of the Communications Act of 2934, as amended, relating to Intaruts of dime and Foreign governments? ❑ (bl Wilt any funds, credits, etc., for the connruttion, purchase or operation of the autionlO be provided by aliens, foreign entities,domestk entitieleonirolledby aliens, or their agents? If yes, provide portkutars as Exhibit No._ . i A. (al Mat an adverse finding been made, adverse final action taken or contact decree approved by any court or administre- Iive body is to the applicant or any parry to the application In any civil or criminal proceeding brought under this p "skins of any taw rotated to the following: Any folony.antitfsrn.unfair competition, fraud, unfair labor practices or discrimination? ❑ RX ( (bf It there now pending in any court or admininative body any proceeding Involving any of the matters referred to In (ot? ❑ 6X It the answer to b1 of fill above Is Yes, attach n Enhibit Isil a full disclosure concerning the persons end matters involved, identifying the oours or edminktrative body and the proceeding (by stores ud frle numbers), stating the facts upon which the proceeding von baud or the nature ( of the offense committed, and disposition or current natirs of the matter. r FCC 301 - Page 2 January 108) SeWon 11 1posp 2) L"W Gualifiations • Applicanta are reminded that questions 6 through 7 of this Section mutt be completed at to all "parties to this application" as that term is defined in this instructions to Section II of this fort. e Table I Parties To Application 6. III Complete T" I with respect to all ponies to this application. (Note: Iflf the oppl ant considers that to furnish complete information wourd pose an unreasonable burden, it may request that the Commission waive the strict terms of this requirement with appropriate Ivttiticesion) INSTRUCTIONS: If applicant loan Individual, fill out column Ism only. If applicant its portnership, fill out columns (a), (bi, and Idl, staled at to each general or limited partner (includirv s0enr parinerr): (d name and residence, (b) nature of partnership interest tie, ernes! or lrmirnlJ, and Id) percont cf ownership interns. If applicant is a corporation or an unincorporated association with 50 or fever stockholders, stock sub- scribers, holders of membership certificate or other ownership interest, fill out all corumns, giving the information requested solo all officers, directors and members of governing board. In addition, giro the information es to oil persons or entities who are the beneficial or record owners of or have the right to vole capital owk, membership or owner interests or are lu becNbore to Duch interest.. If the oppricant hat more then 50 stoc khorders, stock subsea ibere or holders of membership certificates or other ownership interests, furnish the information as to officers, directors, members of governing board, and all persons of ontiiir. who are the beneficial or record owners of or have the right to vote 1% of more of the capilal stock, membership or owner interest, except that if such entity is a bank, insurance company or investment company (ssderutod by 13 U.S.C. 1809.3) which don not 4nvest for purposes of contial, a' a stock, membership or owner interest need only be reported if 6% or more. 0119clor or Is, of: Member of ownership (01 or ( Nature of Partnership Governing Partnership IP) or Name and Residents (Home) Imornt or Bard Voting Stock (VSI or Addrsu{n) Office Hold YES NO MamturshO (MI (bl (e! Ids J. Robby McClure 1700 Greenway Drive Gilmer, Texas 75644 r r FCC 301 -POP 7 Antgry 1613 Section II (page 31 Legal Qualifications YES NO 6. (b) Doer the spot ;cant of any party to this applicat;on, Owner have any into rest in a daily newspaper a cable to tsviilon ry narn7 ~ CO Don the applicant or any party to this application have an Intorest in an In notmant company, be nk, or Iriaure nce company which has an inter an In a br oads art st at ion, cable system or doily nawspper? ❑ (dl Is the applicant or any party to this spolicatior, an officer, direcicr or partmer of an Inwstmant company, vyYy Dank, or Inu,tsnce company which has In in term in a br oadcan na tic n, cabla mism w dally nawhpaew? ❑ `t1 If the answer to questions S(bl, (ci or (d) it Yes, attach as Exhibit No,l a full disclosure concerning persons involved, the nature of such interan, the media interest and its locat;on. Applicant has ownership interest in a twice monthly newspaper called The Advertiser. Other Broadcast Imerarts B. Doer applicant or any party to this ppticn;on haws any Interest In or connwAion with the following: Is) an AM, FM or TV broadcast station? ❑ (bl a broadcast wpl;csl;on pending bel" the FCC? ❑ 7. Has the applicant or any party to this application had any Interest in: (al a Madan apptcation which ha been diamissad with prediudice by the Commission? ❑ Ck (bi a broadcast application which has boon denied by the Cornmlabn? ❑ IX let a broadcast nation, the keno of which has been naked? ❑ IX (d) a broods st application In snV Commission proceeding which left unreblwdcheracter Isaun agsinrt that ~'7 applicant E3 PA (a1 It eM answer to any of the questions In 6 or 7 N Yes, lute in Exh bit N~. _ , the followflq Information: 10 Name of party Awing tuck Intersn; (Ill Nature of Interest or tonnecdon, giving dates; (1111 Call letters of stations or file number of application, br docket nurmwr, (IA Locators. IL (at Are any of the parties this appl;cation related to each other lot husband, wile,14ther, mother, brother. abrer, son or dauthterJ? ❑ R{ rol Does any member of the Inimedlets family /(e., husdad, wile, father, mother, 8roth(p, itafer, scan a datjhrer) of any parry to this application ilave any Interest In or, eorhnaetbn with any other broadcast nation or pending bra dustappilution? IRX ❑ If the answer to Id or (bl, above Is Yes, attach as Exhibit No. 2, a full disclosues cortt:eming the person involved, their Watlonship, lM nature and extent of such Interest or connectlon, the fib numbef o1 such W plitAtion, and the focatlon of such nation or OropotM strtbn, FCC 301- "ape 4 lanwry IOU r Section II 4) Legal Qus:ifications • Ownership And Control YES NO S. Are there any documents, instruments, contracts or understandinge relating to ownership or future OwnershiP t rights (imr4 div. but nor lb"Ired to, non-terror stork interests, benefickr stock "'"ersAip interests, options, xrrnnff. dobr"rures)? ❑ ~X If Yes, provide peniculan as Exhibit No. 10. Do documents, Instruments, agreements or understandings for the pledge of stock of a corporate appricani, b security for loans or contractual Pwfornunce.Provide that Id voting rights will rernsim with the applicant. t hen In the event of default on the obrigstion: (b) in the event of defeutt, there will be either a privet, or public sale of the stock; and Id prior to the exercise of stockholder rights by the purchaser at Such care, the prior consent of the Commission (pursue", to 47 U.S.C. 3101d/j will be obtained? ❑ If No, attach as Exhibit No.-, a full eepranation. 1 Section III Financial audificsti" NOTE: If this application Is lot a charge in an operating facility do not fill out this section. 1. The applicant certifiaethat sufficient not liquid assets ore on hand or are evsilebte from committed sources to construct and operate the rogue stodfac ilities for three months with Out revenue. ❑ 2. The applicant certifies that: t (a) It has a ries nabla assurance of @ present firm Intention for each sgresmant to furnish capital or purchase capital stock by Partin to the ppricatioll, each loan by banks, financial Institutions or others, and each purchase of equipmant on nerxt; Ibl It can and *111 meat all contractual raquiremonts ea to collateral, guarantees, and cpitN Investment; i (c) it has datsrmined that a reasonable assurance exists that all such sources (esehrdiq banks, /branNel Inttiturions, and equipmem mamrfaeturtrV have sufficient met liquid ousts to meat these commitments. ❑ t l r r lic000I-PW5 Section IV Program Service Statement For AM And FM Application 1. Attach a Exhibit No.. 1 a brief dacrption. In narrative forth, of IN planned programming service rotating to the issues of public concern facing the proposed service arms. For Television Application Sun tM minimum amount of time, between &001 n. and midnight, the applicant proposes to normally des vote each week to the program pee fiet, below lSre defuririou bt tnrtructrOntJ• Commercial matter, within a program segment, shell be excluded in computing the time des nQ to that particular program segment, 94..a 16+ninuts news program containing three minutes of commercial mailer, shall be com- puts altTinutamom plognm. Noun Minutes % of Tout Time on Air Nears Public Affairs AN other Progrome fxchrsbe oJSporrr amdEnlrrralnmen LOCAL RAMMING 3. hate the maximum amount of commercial manor the pp I proposes 10 allow normally In any 60minuto agment: ( 4, flats tha meximsrn amount of commercial matter the applicant p o allow normally in a 60minuto segment between the hours of 6 pin. to 1 I pm. (S l;M to 10 p.nc Central red Mountain Times): Ill State the number of hourly sagments per week this amount Fs expected to be an If any: I, 6 State In Exhibit No... In full dated, the rayon why the apptiunt would allow the amount of c ercial mrlar sand In Ousnions 7 end 4 above to be exceeded. r. r FCC 301- Page 6 J1anwfy IM • Section V•B FM Bracken Eaginaaring Data NantaofAOOllant Denton Media Company 1. Purpow of authorization WOW fa: 1 Aktorutnrct a maw rutbn C) lnsta:l AuxiliarY wnem Charge: o Effective radiated pomp 0 Fiquency Q Antenna height above average terrain ❑ Transmitter location O Stud'm location ouulde community of Ikanea 0 Odor (Summawfu brk/fy eAt me" of Me cAartjr frroPond.J 7. Etatlon moatlon: Sea City or Town 1 Texas Denton 3. Facnitiee npunnd: FreWanoY Gunnel No. Cau (Oak one below) 99 t MHa 256 CIA 0 9 ®k L G"Ohk coordinate of antenna lie nureet lrcorW) North Latitude ° West Longitude ° 33 21 00 97 38 12 R Effective radiated peamr. i Polarization Horizontal Plana Maximum (Boom till "V) Ha~ertdl 100 kw 100 - kW Vartiab 1 00 kW 1 f%A kw t 9. Haight of antaena radiation eantan Antenna height above: Awe" nrreln (rfAAT) Mean Sea Uri Ground No►ltefld inn n .1 tt 1966 5 ft. 101 F- ?r5 Verdes 1004.1 tL 1466.25 tt. 101,f-29t. YEI NO 7. 6 a dimmlime l am rm bakg I>repeaadl O EX M Yea, attach be EaMbk No,.NA an anginmUg natamant with in dela epaolfiad in Section 73.719(0) Of the Gortrnl "11 Nu1r. P CC 701 - Page 11 JWWY 102 i Section V-B (page 2) FM Broadcast Engineering Diu 6. Trerunrilocation: Elsie Texas County Wisp i City or Town Street Addrese for other drndfkerfoill Alvord 1.75 mil rya t CE of 1livord just north of Highway 1655 9. Overall Might of Complete structure above ground (without ogsnuedon 10firrt). I , 0 32.5 It. 10. Attach r Exhlb;t No.__ rrap(el (SectfonelAeroneurical chars or e7uiviii of the erta proposed to be served and show thereon: (a) Proposed trenemitter location and the radialsalong which the profile graph have been prepared; Ib{ The 7.16 mVim and the 1 mVlm contours predicted; W On the mepltl showing 3.16 mVlm contour, clearly Indicate the legal boundaries of the principal community, proposed lobe served; (d1 Area (sp. mi,1 end poputation (Iran cens.nl within 1 mVlm contour; (e) Scale of miles. YES~ NO If. Will the proposed 3.16 mVlm contour completely encompass the principal community, without malor ter*a1n 7tlX ❑ obstruction? If No, please submit Just ficationa. 12, It the mein studio w6I nit be within the boundaries of the princtpel community to be served, attach w Exhibit No. -S/IN a jur ica don pursuant to Section 73.1125 of the Commission's Rata. ( 13. Attach all Exhibit No. mots) 17.3 m[nuta US. 6ros+aplik Survey lopogteyhk Quedrensles ?fuss( 101 of the proposed antenna location showing this following Information: (a) Proposed transmitter location eccurstoly plotted with the latitude the IoMitude tines clearly marked and showing a tole of Katuu lion. (b) Transmitter locallon and call ?soars of all ASK Sroedcaet tutions within 2 miles of the proposed antennt lots ion. 11. If these are any FM or W etatiom within 200 feel of propped entanna w rion-broedceet radio ttationa (eseepf enureur A Whine beii established Commreiar end government receiving nnione In the general vicinity which metes be edvrsely affected by the proposed operation. attach as Exhibit No. ~ the expected effect. a desariptton of r nimedial steps t1ta1 may to pursued if heta,Yry, and a statement f-om the applicant accepting full responsibility be the Niminetion of any objectionable effect on axiating stations. I Fee 301- Pegg 1: gMtlsMy 1902 i -Section V•B (papa 31 FNS Broadcast Engineering Data X16. TabulationofTernin0ate. (Calrulaftdfracradantewfrhrhrprocedurrprrscr~ed/nsretan 73.21loJrhrCommisswn'rRufrrurilring 7.112 minute ropographie map r, if available). SEE ATTACHED EXHIBIT I. Radial bearing Height of antenna, Predicted Distance (degrees true) radiation center above average @Italian of To the 3.16 mVlm To the 1 mVlm radial 12-10 mi) contour contour Feet Miles Milas 0. 960.25 Ulu_ 44.586 4r 1005.3 31.423 45.29 60• 1005.3 32.023 45.974 135 922.25 In.30g 4i_989 160' 994.25 31.282 dS 126 t rag 1060.3 32.084 46 (143 370' 1016.3 31.555 QS A4 316' 1018.3 31.579 45- 67 r.t 1070 X88.25 41:2 --qg 03 Redd over princoo community if not Included above. Do rat include in Average. 16. Environmental Statement, See Pert I, Subpart 1 of the Comminion's RulaL Would a Commission grant of this application be a major action as defined by Seotlon 1.1305 of the Comr.saion'e Rulaci QMS ❑ If Yes, arach as Exhibit No. a narrative tie lament in accordance with Section 1.13 It of the Come rlv:nnS Rulet. H No, explain briefly. r I canify that I represent the wolkant in the capacity Indkated below and that I hsv, uitem !nod the foregoing statement of toe hnicef information and that It N true to the bass of my knoiviedge and belief. EDWARD M. JOHNSON 6 ASSOCIATES Nerve July 22, 1982 Dan Signature (check appropriate boa below) f2ttifa ASAP eMa Annnnr'~ u a rim Addren (Include z code) Knoxville, Tennessee 37915 (6151 521-6464 Tdephoea No. (lncludt Arta Code) D Technical Director D RplstaradFrofeseional EMIMINIr ❑ Chief operator C9 Twhalcal Co wltat t D other ispKUY) FCC 301 - Page 13 2enuary tg83 • ' rroedcutApplication FEDERAL COMMUNICATIONS COMMISSION Section V-0 ANTENNA AND SITE INFORMATION Name of Applicant Cell Sir Station Location t Denton Media Company NEW Denton, Texas Purpose of Appliution tPut "l(" 4n ppropriate box) Facilities Requested Ek Now anionme construction FM Radio Station ❑ Alteration of existing antenna etructure ❑ Change in location ( 1. Loc at! on of Ants w: State County City or Town Texas Wise Alvord Exact antenna location (Itr"t addroul. If outside city limits, give name of naaran town and disunce and direction of antenna from town. 1.75 miles E.S.E. of Alvord, Texas, just North of Highway 1655. Geogrphkaf coordinate (to rwsrest ncond). For dtroctloner antenna give coordinates or center of a,rey. For tingle Vert ice; radiator give tower location. North Lailtuft ' West Longitude ' " 33 21 00 97 38 12 2. 1s the proposed sits the same transmitteramimms site of other stations euthoriaed by Mc Commission or specified in another application pending before the Commission? ❑ YES M NO If Yes, give cell aign: r 3. Kin the FAA been notified of proposed conttwetion? ® YES ❑ NO If Yet, give data and effica where notice wn filed. 7/22/a2 Lit ell fending areas within 1 mill" of antanna site. Give distanc*a Nd direction to the McMst boundary of each landing area from the antenna site. E Landing Area Distance Direction (a1 Flying V Ranch 4 miles South roI k1 f 4 Attach N Exhibit No._a description of the onion" system, Including whether towerlal are seHaupponing or guyed. If a dirsctis"I antenna, give spacing and orimtalion of towers. Tevwr 01 Al 00' M 01 AN Overall halgia above groand (indude obetruatlen 1035.51 ginlrtgl Overall Might abm mum w level llndude 19 B5. 5 otarvctlon llghtr 0 r FCC 701 - Page 117 hnuary 1012 Sidon V•0 (page 2) Antenne And Site Information '4. Attach as Exhibit No._ a vertical pTen sketch for the propond toW strvcture (includino supposing building, if any) giving he';ghts above ground In fesl for all significant features. CUarly indicate existing portions, noting fighCrg, and distinguish between the skahtat to other main supporting structure and the antenna elements. t I certify that I represent the applicant in the cpeNty Indicated below and that I have examined Ma foregoing statement of technical infortna- tion and that N Is true to the best of my know'edge and belief. EDWARD M. JOHNSON & ASSOCIATES (615) 521-6464 Name Telephone linctude area codel July 22, 1982 Signature (check f"fopfiata box belowl Date ❑ Technical Director O Paginerad Professional Engineer O chief owg10+ Q(Techn;csl Consultant t r kCM-Poptl Jrnwy IM i ~ • I Siotion VI Equal Employment Opportunity Program I. Don the applicant propose to employ five or more fulltims anploym7 ❑ YES %X NO If the answer is Yes, the applicant must include on EEO program alted for in the separate 6 Point Modal EEO Program, $@Won VII Cortificstion 1. Hat or will the applicant comply with the public notice requirement of Section 73.3SSO of the Commission's Rutnf 0xYES ❑ ND The APPLICANT hereby wsives any claim to the use of any particurer frequency as against the regulatory power of the United Stool because of the previous use of the same, whether by license or otherwise, and raqunrs an euthorlzsCon In occerdante with this application. (Srr Section J04 of rAt Communications A tr of 1934, n amtreded.) The APPLICANT acknowledges that all the statements made In %hie application end attached exhibits are considered material reprasentatiam, and that all exhibits are a material pan hereof and incorporated herein. The APPLICANT represents that this application is not filed for the purpose of impeding, obstructing, or delaying dstorn, nation on any other 1 application with which it may be in conflict. In mordonce with Section 1AS of the Commission's Rules, the APPLICANT has a conilnuing obligation to advise the Commission, through amendments, of any substantial and significant changes in Information furnished. WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND IMPRISONMENT. U,S. CODE, TITLE It, Section $001. I chtify that the statements in thls opplIce0on are true,comAlate, and correct to the best of my knowledge and belief, end are made In good hidh. Sighed and dated this day ef_ Denton Media Company Noma o cant Signature Title FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The solicitation of personal Infe emsttoa recluestsd In this application is authorized by the Cornmunicsitons Act of 1934, as amended. The principal purpose for which the infurmstlon will be used le to datermino if the benefit requested It consistent with the public Interest. The stall, con- OnPoll w1 usfy of attorneys, accountants, engineers, and application examiners, will uM the Infomution to determine whether the application should 1M grentad, denial, sCemiwd, a designatsd for Mning. If all the Information requested it not provided, the epplkatloo may be retumed without scant having bean liken upon It or its l1wouing may be delayed while a s o"061 Is made 10 provide the missing Informnlon. Aaordingly, every effort ehouid be made to provide eR necessary Information. Your response it required to W916 the nQJeated Permit. THE FOREOOINO NOTICE 12 REQUIRED BY THE PRIVACY ACT OF 1171, P.L. 611579, DECEMBER 71, 1074, 6 Ust. W81e1151 FCC 301 - Page It January 1902 United States of Amer" Federal Communication Commitaion Woshingion, O.C. 20554 MOOEL EEO PROGRAM nPn*tlri_LIoA{a COm~>a"3r P It nnv iAn 1. Name of Applicant Street Address Gi'mar Taxaz 75644 (214) 843-5565 City slut. zip cool Telephone No. (Include Arms Code) I 2. This Norm It being submitted in conjunction with: CK Application for Construction Fermlt ❑ Application for Assignment of License for Now Station ❑ Application for Transfer of control (a) Coll letten fa dhanrhel number or frepuancyll (b) Community of License Denton Texas City Sate fcl Service: AM ❑ FMVTV ❑ Other 15oaify) 0 INSTRUCTIONS Applicants waking authority to eonttruct a now commercial, nofxomenv6sl or International broadcmst station, pplkamta seeking authority to ob• bin assignm.nf of 0.a construction permit or license of such a station, and applicants saking authority, to acqulra control of an entity holding much con- structioa permit or license are r.qulred Id Afford squat employmMt opportunity to all qualified persons and to retrain from discrGninotino in employment and related benefits on the bale of ram, color, religion, national origin or seg. Sam Section 722080 of the CommistioWs Rules. Pursuant to theme requlre- mentor, M applicant who pfopoas to employ "or more fulltirne etetion amployess sun establish a program designed to assume equal amploymant opportunity for women end minority groups lehat it, lhcks not of Hivem;e origin, Asians of Pstifie Islanders, American Indians or Ali ikon Natives and Hispenles.) This Issubmitted to the Commlesion es the Model EEO Program. If minority group rspreeentatlon In the av.limbts labor force Is lass than fhre percent (In the dWt8a1t), a program for mbterity group members Is rtut required. In ouch pas, a statement so Indlatlno must be wt forth In the EEO tnodat program. Howm»r, a program must be filed for woman sines they comptim a significant percentage of Musily ail Ira labor forge. It on applient proposes to employ less than five fulltim a employees, no EEO program For woman or minorities need be filed. OuiWines for a Model EEO Program and a Model EEO Program are attached. NOTE: Check appropriate bog, sign the certification below end return to FCC: pxsution will amploy lame than S fulltime smployeas; therefore no written program It being submitted. C3 Its0on w81 employ S or moo fulltkne crnpbyset Our f point program Y ottach" January IfN2 CERTIFICATION 1 artily that the statements made herein are true, complete, and correct to the best of my knowledge and Ddlaf, and are made in good faith. Sgned and dated this day of__ 19. Signature Title WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND IMPRISONMENT U.S. CODE, TITLE 19, SECTION 1001. FCC NOTICE TO INDIVIDUALS REOUIRED BY THE PRIVACY ACT The lolicketion of personal information "Wed In this application is authorized by the Communications AM of 1931, as amended. The principal purpose fir which she information will be used Y to determine if the benefit requested it conaietent with the public interest. The staff, consisting variously of attorneys, accountants, engineers and application examiners, will use the information to determine whether the application should be granted, denied, dismissed, or designated for having. If all the Information requested is not provided, the application may be returned without action having been taken upon It or its processing may be delayed while a request is made to provide the missing Information. Accordingly, every effort should be made to provide all necessary Inrormetlon. THE FOREOOINO NOTICE IS REOUI RED BY THE PRIVACY ACT OF 1971, P.L. 93.579, DECEMBER 31, 1974. B U.S.C. 967,191131. f'+1e = Janulry tEtt r OVIDELIHESTOTHE MODEM EEO►A00AAM The model EEO program adopted by the Commission for Construction permd applicant, sssgnees and transferees contains five sections designed to assiel the applicant in establishing an effective EEO program for Its station. The specific elements which should be addressed are as!ollowc 1. General Policy The first section of the program should contain s Statement by the applicant that it will afford equal amp oymsnl opportunity In alt personnel actions without regard to race, color, religion, national origin or sex and that A has adopted an EEO program which Is designed to fully utilize the skills of minorities and women in the reie}ant available labor force. 0. Responsibility for Implementation This section cases for the name (if known) and title of the official who will be designated by the applicant to have responsibility for Implementing the stalion's program. al. Policy Dissemination The purpose of this section is to disclose the manner In which the station's EEO policy wilt be communicated to employees and prospective employees. The applicant's program should indicate whether it: (a) Intends to utilize an employment application form which contains a notice Informing fob applicants that discrimination is prohibited and that persons who believe that they haw beer discriminated against may notify appropriate governmental agencies; (b) will post a notice which Informs fob applicants and employees that the applicant is an equal op• portunity employer and that they may notify appropriate government! authorities if they believe that [hey have been discriminated against; and (C) will Seek the cooperation of tabor unions, it represented at the station, In the Implementation of its EEO program and In the Inclusion of nondiscrimination provisions In union contracts, The applicant should also set forth any other methods If proposes to utilize in conveying Its EEO policy (a lit., orients. lion materiels, on-sir announcements, station newsletter)to employees and prospective employees N. Recruitment The applicant should specify the recruitment sources and other techniques It proposes to use 10 attract mfr ority and female fob applicants. Not all of the categories of recruitment sources need be utilized. The Wrpose C the Rating Is to assist the applicant In developing speettized referral sources to establish a pool of minorities eno women who can be contacted as fob opportunities occur. Sources which subsequently prove to be non. productive should not be relied on and new sources should besought. V. Training Training programs are not mandatory. Each applicant Is expected to decide, depending upon its own individual ellwtion, whether a training program Is basibto and would assist 11 In ifs effort to Increase the pool of available minority and female applicant. Additionally, the applicant may lot forth any other assistance it proposes to give to students, Schools or colleges which Is designed to be of benefit to mtnorluea and women Interested in entering the broadcasting field. The beneficiary of such assistance should be listed, su well as the form of assistance, such as Contributions to scholarships, participallon in work study programe, and the like. Page 3 January 11982 MODEL EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 1. General Policy it will be our policy to provide equal emproyment opportunity to all qualified Individuals without regard to their tote, color, religion, national origin or sex in all personnel actions Including recruitment, evaluation, selection, promotion, compensation, training and lermination. N will also be our policy to promote the realization of squal employment opportunity througha positive, continuing program of specific practices designed to ensure the full realization of equal employment opportunity without regard to face, color, religion, national origin or sex. To make this policy effective.. nd to amours conformance with the Rules and Regulations of the Federal Com- munications Commission. we have adopted an Equal Employment Opportunity Program which includes the following elements: 0. Responsibility for Implementation (Name l Tills) , will be responsible for the administration and implementation of our Equal Employment Opportunity Program. It will also be the responsibility of all persons making employment decisions with respect to recruitment, evaluation, selec- Con, promotion, compensation, training and larminatlon of employees to ensure that our policy and program is adhered to and that no person Is discriminated against in employment because of race, color, religion, national origin W Sox. It. Policy Oil$Sminstion To assure that all members of the staff are cognizant of our equal employ' ent opportunity policy and their In- dlvidual responsibilities in carrying out this policy, the following communication efforts win be made: ( ) The station's employment application form will contain a notice Informing prospective employs$$ that discrimination because of race, color, religion, nationat origin or sex Is prohibited and that they may notify the appropriate local, Slate or Federst agency If they believe they have been the victims of discrimination. ( ) Approprlals notices will be posted Informing applicants and employees that the station Is an Equal Op- portunity Employer and of their right to notify an appropriate local, State, or Federal agency If they believe they have been the victims of discrimination, ( ) We will seek the cooperation of unions, if represented at the station, to help Implement our EEO pro. Gram and all union contracts wilt contain a nondiscrimination clause. 1 1 Other (specify) IV. Recruitment To ensure ncndlscfiminstion In relation to minorities and women, and to foster their full consideration In filling sob vacancles,we propose to utilize the following recruitment procedures: ( ) We will attempt to maintain systematic communication, bosh orally and In writing, with a varlsty of minority and women's organizations to encourage the referral of qualified minority and tomato applicants. Examples of organizations we intend to contact are: ( )In addition to the ofganiations noted above, which specialize In minority and tomato candidates, we will deal only with employment withoulrega d tothelr race, cook religion, nrattiional t origin of set. Examples of these employmr)nl referral services are: Page 4 January IM MODEL EOUAL EMPLOYMENT OPPORTUNITY PROGRAM in- such recruitment efforts will in- When we recruit ntl institutions ( 1 colleges employees from educational clude area schools and d colleges with significant minority and female enrollments. EducatrOnal Institutions to be contacted for recruitment purposes ttr. adve nclude ( )when utilizing media for rturriiltY Employer and w111 contain, ind cat on• eti! eirlexplic tior Imp ied, of a that we an an EQWI OpDO tY preference lot one sex over another. place* in media which eve gnllicanl circulation or are of particular l Interest to ml orrifal and women. Ex. ampes of publications to be utilized trot - ( ) We will encourage employees. particularly minority and female employees, to refer minority and female candidates for existing and future job openings. V. Tralni ( )Station resources and/or needs will be such that **will be unable or do nu 011000610 Institute specific programs lot upgrading the skills of employee. )Wewilr rovideon-the•)obtraining toupgrade theskills ofemployees, provide nce 10 assis prog and wWe will omen to compete In the broadcast eemployment mai tett On an equitable basi j~ed 10 enable minorities School Of OtherBeneliclary Proposed FormofAsststance 1 )Otherlt>pecily) Page S Janutry 19U EXHIBIT 1 In Response to FCC 301 Section II, 5 (a) (d) NEWSPAPER INTEREGT The applicant, J. Robby McClure is part owner of a newspaper called "The Advertiser" which is put out in the Upshur County, Texas area, every two weeks. The newspaper is used for listing various items for sale. EXHIBIT 2 IN RESPONSE TO FCC FORM 301 Section II 8 (b) OTHER BROADCAST AND CABLE INTERESTS OF J. R. McCLURE 1. The applicant, J. Robby McClure has no broadcast ownership. 2. The applicant, J. Robbv McClure is the son of J. R. McClure who has broadcast interests. Mr. McClure's interests are: Owner of KHYM, Gilmer, Texas; President Tower Power Corporation, owner of KKKK, Odessa, Texas; President of Tower Power Corporation of Iowa - Owner of KLXL,'Dubuque, Iowa; pending application for 508 of WMAX, Inc., owner of WMAX of Grand Rapids, Michigan; pending application for LPTV translator station for Dubuque, Iowa in the name of Tower Power Corporation of Iowa. 3. As President of Missionary Broadcasters, Inc., Mr. J. R. McClure also filed in May, 1982, pending applications for Low Power Television translator stations for Missionary Broadcasters, Inc., a non-profit religious corporation, which meet the exception moratorium for the following cities: Atlantic City, New Jersey Myrtlo Beach, South Carolina Lonolulu, Hawaii San Juan, Puerto Rico EXHIBIT 3 SIGNIFICANT COMMUNITY NEEDS AND PROBLEMS From the applicant's awareness of the community needs, the applicant finds the following to be the principal problems, needs, and interests of Denton, Texas: A. General Economy B. Agricultural Programming C. Informative Programming D. Religious Programming TYPICAL AND ILLUSTRATIVE PROGRAMS AND PROGRAM SERIES THAT WILL MEET THE PROBLEMS, NEEDS AND INTERESTS OF DENTON, TEXAS The following is designed to meet the needs of the community- A. Applicant proposes a program to be aired once a week to discuss the general economy of the area. Topics to be covered are: high cost of living, high interest rates, federal funding, unemployment, etc. Various speakers from the community will be asked to speak and give their views on these particular subjects. B. Applicant proposes a program to cover the agricultural needs of the community and how to deal with the various problems in that area involving agriculture. C. Applicant proposes a program which will be informative in nature and which will help the elderly, provide information on drug and alcohol abuse, and general problems facing the people of the community. This program will also include programs on how to improve oneself. D. Applicant proposes two thirty minute programs to be aired on Sunday mornings. These programs will feature church services of the different denominations in the Denton area. EDWARD M JOHNSON A ASSOCIATES. INC. 1 T3' 33° 21' 00" T 97° 38' 12" 1966.25' AMSL TOWER SITE WILL BE 1.75 MILES E.S.E. 1985.5' OF ALVORD TEXAS JUST NORTH OF A}^S L HIGHWAY 1655 1000' 1016.25! 1035.5 NOT 70 SCALE 950' A M SL i ~ proposed Antenna Supporting Structure, Vertical Sketch EOWARO M. JOHNSON • ASSOCIATES, INC, fT A-I'v r / .7 1 r 1E Fores ` 1''~, 't' . 1 0. ~J , 4 lit r { t ' ~ 1 ` J J ~ ~ 7771.` I,. • M S; ~~y' v1%~ J ~ 1, R r t _ r ~ r r. r' I 7 ` •1 , y l SSA. ~,5. ' \ I r. ' J . ' y, *e ~ i • Cot u ,~nwi r~ t.1 6 11 L yf.ff i. 444 YW •0 . . rf t t YC eel . ri ~~Yr.7r '•1~ n N 'l f.t•x`ay ° J'•9 _YI. r 'n ~r '1~/ Ip •v .l.r e parr w+' f } l" 1 p rt tnK 1 t J 1 ! ~-~D, ° • d tlx` ~ ~ r •r 11 ~ r 1 Cnri t,' >._r~~ !1 ~l, \ Jrl . . - ,.r : I {L •,,a' L .y •}t' i 1 ~Deo~ll~ Ivp T I ~ !t+ It ;Aw ea W t ' : U 1~1 ae ' ! 1 I., I t~ l - t 1y~" J)( rL. ,I(( 'L~4.33.1;-~i!,/ ✓11. N_ •'i"`".qqy 'l~' I•',• i. e T. 41 m An ' ~V ~ 'tfI IMOLMD' .r J r .a.f-f~~ ~\t/1f' ,1-i r FyfN f r ~i, ti~lly6 `l'6k~ ~ y.•y1 ~ rn T,•'~r ~1 U 1 . `ir 1/'~ .i.l. S~.f ~~d''1' a.A~ ~1~1u~' Q, yl~r~~ ~'f~~ ~ I~t l~\'' \ I\~ - •7`',r,~. Scale 1:250,000 0 0 6 10 1! 20 Slttutd Mike 5 0 5 10 1S 20 25 30 Kit°metrel S 0 y - 10 15 Nyukal Mik1 July 82 2-10 Miles Radial Lines an( Transmitter Location EDWAnD M. JOHNSON 1 ASSOCIATES. INC. fAIa ?tb 1 I-__ 0 1 -00FE CO' it' ~"/~,~j ~ • ' I• J v aO qa fail i I'~' c- v iY•It~ l an $La1tl I oliur ~ angar iaa ^ ~ I { / ~ l i 1 _ , p111 'i all I IN" :r /.S` Ira r ~ - -l,- ,I 1 • -1.j; E nK1 as f, N_at.nl CZal (Ql • le Aron is Is i I1 Px AMA .818 I .7 1 ~`e - *33 ~ aN ,l. ~~fi ~ ~ 1 . fµ r > Gux•rr Ands . . ~ Calnmq 20 CO DEIV nP211n y ._.......~_-(ZI .pr 4•• 1_ x!4.1/ P jy ar~ i 1 `1 `_a 7 I. ( j--lAvuf*_'.i I°a` SL l1\ lr~ _i lfCamP _ J1 di • / 1 Y I ~2f' 1, I "L 1 -1 tjnJ /f 1 ` f + 111,1.' rf' PPI Elm 1 ~1tMA 1 ~ ~ r .-1`/1101,W OI`l f Gatm ' ,trOr 4 , M ;Y' i ! I f. t t0_, 1ON010WI 7 r, ~mA Fr rat l I-' r. E. I • ; ` ;'I~. b' t •~OsIYt I" Oil too II fj 7:1Eq... ,30 ..70!'1}!' 117711 ! . le i 1'. - I aAl Dollar Irr-~- or I f% C, t r COrNL. -4 P Dr1,5.• y I / / I,t N.aa No • .7• ~yC_IIO ~l _ - CInY PPr. . I . 1V) w '/r u 141 1.._ Ju1'P f 1 f 11 I ~L l -~f._ er hf 1 ruo I de - lsY7 Pam + i P rnPoo * I M1n f I - Baria" 111 1 a Syil.r 5"32, ' 1 , Tmo! IN I ]1x/ 1 1 .,4 fe nCrxl l •~+I~ IJ _t law A Okada V400 all rl rF Lgl p _ Mad us a nor { 4 - F t. yn f3w • . 11 7-1 J Ear a' C 1IAa X a l R wriuY ( 11 : tr arts •`r` 2' Scale 1:250.000 S 0 y f0 IS 20 SUlYI1 fliln . 0 9 10 15 20 25 30Kilameues S - 0 ! 70 15 Ndutic/l Miles July 62 Principal Community to be served EDWARD M. JOHNSON l ASSOCIATES. INC. 4 Y r .J v v 0 s ~10 /r c a c.r.ar 0.90. E ' w. l D f 4 N G n EI lSVIIy!' . m f r. w • + L . t • n f If r•~ i a Lw 1 ti LLLL • ~ ~ 0 ~ ~ YYrL4 '1 ~ L, ~ •m ~ ,J d f~J `ice \ , a°°r F1 °L~P~eG .,AA J f Y' f• ~r LM . 'L-'Rt . 7 M L ^ ZIP- T .I FIrL f•"~i:~ C "Lill" l Y, . - ~ •n ~ n r-'• ~n• t rf~la rti Ls' r Il. L ~ 1 Safe 1:500,000 I Ind #QYLh Lpp ommrtllp! milt, 10 0 10 10 70 LO M, n July 82 Coverage Map of Station N k SCALE OF MILES is500000 0 10 20 90 L H t~1 fE'ET ABOVE SEA BEVEL z tn O O O O O o g ' N 0 N W `V r a Z a ~ - ~ M N O " ° O 0 D 'ONI '93IYIOOSSY I NOSNHOC 'W ONVM03 M FEET .4B0f/E SEA LEVEL M ~ L2 V ~ `fl C Zll x m 00 N to r` O U ~ C Z a R y 04 6\ a n oHi eiiv+aossv N"NHor n OUYMo3 z FEET ABOVE SEA L E~E'L ~ ~ o 0 0 ,Q •pp~ ~ m Y co co \ N i y ~ C O~j V 0 4 O y 00 , p S 'ONI '131VIwSSY 1 NOSNHOP In OVYM03 H C9 FEET ABOVE SS44 L EV£L x 0 ~1 04 ~9 O ~ Tv ~rd° O p p O O O O m N Y ~ pip \ N a 1 L O aO V ISZ z a o a v° v o ~ ~o a "JNI '931VIOMf ? WJSNHor 11 oaYN1a3 FEET ABOVE S.44 LEVEL z o g °o g o g S x co N "J 0 V a ~ y O h' ~v a w ? ~o o _ 'ONI •S31V MSV I NOSMW 'M 13NVM03 H M FEET Ago)IE SEA LEVEL z ! v o0 -4~ 00 ,p 0 4 $ O O O O N N 1 ~ O a 6j o ~v ~Z ~I n ' ONI '931YIOOSSV 1 NOSNNOP A QWVMG3 c2i FEET ABOYE S64 LEVEL z ~ ~ o o °o o, o x m N I I vJ a~ y y 0 a I I ONI '931vioossv 1 Nosfmcw 'w ouvM03 H M FEET ABOVE SEA LEVEL z ~ ~ ppV eo •4 Oy \ , ~i O Op, O, ~ O O x N N I rr~~ W O V A^A a y a Z~ Ov Z O 0, ti 0 e 'OM 'SUVIOOM I NOSW 'rl CWVM03 H h7 FEET ~9B0f/~ S64 LEI/EG o v, o, o o °o g x N N 1V (jj 'i O QS s N, V 2 a 'OM VIVIDOM T NOBNHOP 'w ONYM03 PAGE 1 FM BROADCAST At-LOCATION STUDY DENTON TEXAS FOR OR MCCLURE FOR CH 2560 REFERENCE POINT: N 1-AT 33-21-00 W LNG 97-38-12 k######## CHANNEL 253 90.5 MHz. 4######## MILES DESPEES CLASS CALL CITY and STATE NORTH LAT. NEST LNG. ERP HART ANT, THERE ARE ND STATIONS WITHIN THE RANGE OF INTEREST ON THIS CHARNEL. kk#kkkk#k CHANNEL. 2254 90.7 MIIZ. k#######k MILES DEGREES CLASS CALL CITY and STATE NORTH LAT. WEST LNG. ERP HAAT ANT. 60.164 132,07 LI C KLVU DALLAS T1 32-45-51 76-51-05 100 520 NO 65.25 143.46 CP C KLYU DALLAS TX 32-35-22 96-58-10 98 1590 NO #####kk## CHANNEL 255 90.9 MHZ. RILES DEGREES CLASS CALL CITY and STATE NORTH LAT. NEST LNG, ERP MAT ANT. 132.95 3.1903 CP C KLNK, OKLAHOMA CITY 01; 35-33-36 97-29-07 100 1100 ND 221,6 111,17 AP C NEW CARTHAGE 71 32-08-30 94-06-15 100 549 ND 221.63 111,14 AS C CARTHAGE T1 32-08-30 94-06-00 0 0 NO 223.29 110.86 AP C NEW CARTHAGE 11 32-08-53 94-04-11 100 620 NO ki.####### CHANNEL 256 99.7 MHZ. #####k### MILES DEGREES CLASS CALL CITY and 6 NORTH LAT. WEST LNG, ERP HAAT ANT. 1.0261 89.841 AD C DENTON 11 33-21-00 97-37-06 0 0 NO 258.6 59.88 lI C KMA6 FORT SMITH AR 35-09-56 93-40-35 100 2000 ND 281.79 151.1 LI C KODA HOUSTON TI 29.45-32 95-22-03 97 790 ND 289.3 153.11 CF C KODA HOUSTON TI 29-34-34 95-30-36 100 1919 ND 299 250,99 LI C KKKK ODESSA 71 31-50-50 102-27-15 100 410 ND CHANNEL 257 99.3 MHZ. RILES DEGREES CLASS CALL CITY and STATE NORTH TAT, WEST LNG. ERP MAAT ANT. 121.62 80.099 LI A KT%U PARIS TI 33-38-07 95-33-14 3 300 ND 135.09 243.65 AS A ADRENE 11 32.21-54 99-42-48 0 0 WD 136.59 243.48 AP A NEW AIIILENE TA 32-26-59 99-43.58 2.97 134 MD 138.68 215.36 LI A KPSM ARDNNWDOD TI 31-42-20 99-00-06 .72 115 NO 138.68 215.36 LI A KLSN SROWNNOOD TM 31-42-20 99-00-06 ,7 115 ND 151,95 ).44.08 AP A NEW TYE 11 32-22-00 99-58-42 .67 664 ND 154.7 330.43 AD A CORDELL OK 35-17-24 98-59-24 0 0 NO 159.42 116.72 CP A NEW NHITEHOUSE 11 32-17-19 95-11-56 3 300 ND M#**$**** CHANNEL 258 99.5 MHZ. 4######## MILES DEGREES CLASS CALL CITY and STATE NORTH LAT. WEST LNG. (RP MAT AMT. 63.411 14339 LE C KPLY PORT WORTH T1 32-34-54 96-58-32 100 1680 NO i PAGE 2 DENTON TEXAS FOR JR MCCLURE FOR CH 56C (continued) ***i*t* * CHANNE(- 259 99.7 MHz. i**R** MILES DEGREES CLASS CALL C17Y and STATE NORTH LAT. NEST LNG. ERP HAAT ANT. THERE ARE NO STATIONS WITHIN THE RANGE OF INTEREST ON THIS CHANNEL. ******W** CHANNEL_ 202 68.3 MHz. **N****>tt MILES DEGREES CLASS CALL CITY and STATE NORTH LAT. NEST LNG. ERP HAAT ANT. THERE ARE NO STATIOHE WITHIN THE RANGE OF INTEREST ON THIS CHANNEL. *****i'*** CHANNEL 203 Be.5 MHZ. it****t**# MILES DEGREES CLASS CALL CITY and STATE NORTH LAT. NEST LNG. ERP HAAT ANT. 29.929 108.45 LI A KNTO DENTON TI 33-12-43 91-08-44 .44 125 NO 51.511 123.08 LI D Y.RSN DALLAS TI 32-53-24 96-45-05 .01 0 ND EDWARD M. JOHNSON 11 ASSOCIATES, INC. a ,AIR-DIELECTRIC HELIAX'o CABLE ATTENUATION e00 40 iii-li 7-Till I 1: r soohm r Ale•Didretrie CoDDrr Conduaton 100 r 10 r . e r r 1010" - a r 000 r e~ 1 0 000 0,0 00 00 0 10 10 a lA w -70 - 0 dog 17-0 r „ -40 g g r ~r • a .110 __00 0. 0000 i z 1-0 ~ 1A r 'o.t In- 0-0- w 1704 11110 r .00 r 10 e~ -00 0. 0.1 r Al r a r a - -00 r - i AS ~ t r • r - r r• rant r r a rarrr r r a rarrr a r a rarer 10 too 1000 1DOD0 FREOUENCYIN MEGAHERTZ COAX Frequency Chart , ' EDWARD M, JOHNSON 6 ASSOCIAIES, INC. EXHIBIT ENVIRONMENTAL IMPACT STATEMENT Y virtue of the increase of present tower height above B 300 feet above the ground, this proposal would be classified as a 'major environmental action' within the meaning of the Commission's Rules. one tower of overheight above ground 1035.5 feet is proposed 1.75 miles E.S.E. of Alvord, Texas, just north of Highway 1655. The site and its surroundings are in an area of almost no population. ( No significant excavation or disruption of existing vegetation is contemplated as part of this proposal and the land contours and drainage characteristics would remain unchanged. Necessary power and utilities are available along the edge of the property from existing lines. A building will be constructed on the property to house the transmitting equipment. A single-lane driveway provides necessary access from adjacent highway. The site is not listed in a historical directory and is { not immediately adjacent to locations of historical significance. The Federal Aviation Administration and Texas Airport Zoning Commission hav+,. been notified of the proposed construction, with their approval, marking and lighting required under applicable standards. The location proposed was selected for compliance with technical requirments of FCC Rules, availability, suita- bility for construction without significant environmental consequences, availability of utilities and cost. To the knowldge of the applicant, there has been no local controversy EDWARD M. JOHNSON A ASSOCIATES, INC. • over this proposed use of the site. After additional construction, the site will be maintained with suitable vegetative cover adequately tneded so as not to be detrimental to other land use in the area. t t. I, NOV 1 2 1932 r; l ~ EDWARD M. JOHNSON 6 ASSOCIATES. INC. s ENGINEERING EXHIBIT APPLICATION FOR CONSTRUCTION PERMIT ( DENTON MEDIA COMPANY DENTON, TEXAS - CHANNEL AFFIDAVIT ~ f y? { STATE OF TENNESSEE NOV 1 ) ss. COUNTY OF KNOX ) Edward M. Johnson, being first duly sworn on oath, i deposes and says that he is a multiple broadcast station owner with corporate office in Knoxville, Tennessee, and has been retained by Denton Media Company, to prepare this t application. His qualifications as an expert in radio and television engineering and application preparation are the result of fourteen years active experience in the broadcast t field, during which time he has prepared many engineering data portions of filings before the Federal Communications Commission, including over one-thousand AM and FM Radio ~ I Station, Low Power Television Translator Station, and Full Service Television Station applications. Edward M. Johnson also states that the foregoing exhibit was prepared in part by him or under his direction, and that the statements contained therein are true of his own personal knowledge, except those stated to be on information and belief and as t to those statements, he verily believes them to be true and correct, Further, affiant saith not. EDWARD M. JOHNSON Sworn to and subscribed before me this day of , 1982. i NQTAHY PUBLIC 933 NEW Jssus INTEREST EXEMPT, IN THE OPINION OF BOND COUNSEL, FROM PRESENT FEDERAL INCOME TAXES UNDER EXISTING LAWS AND REGULATIONS. $76,300,000 Texas Municipal Power Agency Revenue Bonds, Series 1982A Dated: November 1, 1982 Due: September 1, as shown below The Series 1982A Bonds are coupon bonds In the denomination of $5,000 each, registrable as to principal only, The principal of bonds payable to bearer, and interest on all bonds (March 1, 1983, and semiannually thereafter on each September 1 and March 1), are payable at The Chase Manhattan Bank, N.A., New York, i York, or, II at the option of the holder, at BancTEXAS Dallas N.A., Dallas, Texas. The principal of bonds registered as to I (unless registered to bearer) is payable only at the office of BancTEXAS Dallas NA., Dallas, Texas, as Registrar, The Series 7982A Bonds are subject to redemption prior to maturity as described herein. The Series 1902A Bonds are additional bonds on a parity with $1,150,000,000 Revenue Bonds presently outstanding and ere payable solely from the Net Revenues of the Agency pledged therefor, the Bond Fund and certain other special funds. The Cities of Bryan, Donlon, Garland and Greenville, Texas have entered Into Power Sales Contracts with the Agency obligating the Cities to purchase from the Agency, subject to certain exceptions, all of their electric energy requirements not generated by their existing electric systems. Additionally, if money on deposit In the Bond Fund Is less than the amount then required to be on deposit therein, each City Is -gated to pay directly to the custodian of the Bond Fund Its Percentage Share of the amount sufficient to satisfy such require- ments. All amounts payable by the Cities under sold Contracts are payable solely from the revenues of their respective electric systems and constitute operating expenses thereof, and are not payable from taxes or tiny other revenues of the Cities. The Agency has no losing power. The State of Texas Is not liable on the Bonds and they are not a debt of the Slate. $30,860,000 Serial Bonds Price Price Due or Due Of September 1 Amount Role Yield September 1 Amount Fate Yield 1986 $ 635,000 7V2% 100% 1996 $1,525,000 - .100% 10.10% 1987 685,000 8 100 1997 1,685,Ot10 10.20 10.20 1988 745,000 81/4 100 1998 1,665,000 10.30 10.30 1989 805,000 SYa 100 1999 2,065,000 10.40 10.40 1990 880,000 83/4 100 2000 2,290,000 10.40 10.45 1991 955,000 9 100 2001 2,535,000 10.50 10.50 1992 1,045,000 91/4 100 2002 2,810,000 10.50 10.50 1993 1,140,000 91"5 100 2003 3,110,000 10.50 1055 1994 1,255,000 93'4 100 2004 3,450,000 10.50 10.55 1995 1,380,000 10 100 $45,440,000 11 Term Bonds Due September 1, 2012 @ 100% (Accrued Imerest to be added) The Series 1982A Bonds are offered when, as and if Issued and received by the Underwriters, and subject to the approval of legality by the Attorney General of Texas and Messrs. Dumas, Huguenin, Boothman 8 Morrow, Dallas, Texas, Bond Counsel. Certain legal matters will be passed on for the Underwriters by Messrs. Hutchison Price Boyle d Brooks, Dallas, Texas, and for the Agency by its General Counsel, Nan, an, Howell, Smith 6 Lee, P.C. Wood, Texas. It 1s expected that the Series 1902A Bonds in definitive form will be available for delivery In New York, New York, on or about December 14, 1982. Salomon Brothers Inc Goldman, Sachs & Co. Merrill Lynch White Weld Capital Markets Group Mersin Lyuh, Pierce, Fearer dt Smhh Incorporated Smith Barney, Harris Upham & Co. Iacaryarsted Blyth Eastman Paine Webber Iaoorpor+ead J November 73, 1082 (M-34)'Texas Municipal Power (03.) -x7006 No dealer, broker, salesman or oaer person has been authorized by the Texas Municipal Power Agency or by the Underwriters to give any information or to make any representations, other than as contained in this Official Statement, and if given or made such other information or representations must not be relied upon as having been author.'zed by the Agency or the Underwriters. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of, the Series 19S2A Bonds, by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been furnished by the Texas *Municipal Power Agency and includes information obtained from other sources which are believed to be reliable, but is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by, the Underwriters. The information and expressions of opinion contained herein are subject to change without notice and neither the delivery of this Ofici.11 Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the Agency or the Cities since the date hereof. TABLE OF CONTENTS Page Page Introduction I Rate Covenant of Cities 28 Background I Sale of Electric Distribution System by Approved Projects 2 Cities; Assign went of Rights 28 Power Sales Contract 2 Amendments 28 Use of Proceeds . 3 Summary of Certain Provisions of the The Agency 3 Resolution n8 Powers under the Act 3 PIedge of Revenues and Funds; Governmental Stmcture 4 AppLcatien of Revenues „ 28 Management 4 Revenue Fund 28 Financial Statements 5 Bond Fund 9 Description of the Series 1962A Bonds . 5 Reserve Fund General . s Contingency Fund 29 Optional Redemption 8 Construction Fund . 30 Special Refunding Redemption 8 Investment of Moneys in Funds 30 Mandatory Redemption of Term Bonds 7 Additional Bonds 30 Security for the Bonds 7 Refunding Bonds 31 Pledge...... 7 subordinated Indebtedness . 31 Rate Contract ran i In.-unence of Other Indebtedness 31 Obligations of Cities and Agency 8 Covenant as to Rates and Charges 31 qplacation of Series 1982', Bond Proceeds 9 Certain Other Covenants 31 a Projects 9 Amendment of Resolution 33 Approved Projects 9 Discharge of Indebtedness 33 Gibbons Creek 9 Notice of Redemption of Bonds 34 Comanche Peak 12 Events of Default and Remedies of Holden 34 System Development and Summary of Certain Provisions of the Reliability Expenditures 15 joint Ownership Agreement 33 Load Resources Requirements and Factor Affecting the Electric Utility is Ind-astry 36 Pn ctedu Energy . . . Results . anrl F C)o 8st of Power , . l7 38 :st Oo a g Results 17 s blic Uti~1tCommissiou 36 Projected B aeyOperating A.aaable Information Regarding the Projected Agency Cost of Power 18 Companies 37 Cities Electric Systems 18 Litigation 17 Bryaa 19 Tea: Exemption 37 Denton . I9 Certain Legal Matter . 37 Garland W Leo Investment in Texas „ 38 Creenville 20 Ratings 38 Historical City Electric Utility Uoderwritiag Operating Statistics 21 Appendices Historical City UtJfty Systems Appendix A - Report of R. W. Beck and Associates 5 ofaCerPrevisions o s A aB - Cities' Utility Systems Condensed Debt Service Requirements 24 Balance Sheets of the Appendix C-Agency Financial Statements Power Sales Contract 25 Appendix D- Agency Interim Financial Statements Sale of Power and Energy . 25 Exhibits PArpooset for Required Bonds may be Issued; Exhibit e' Pro-,osed Form of Opinion of Bond 25 Election of Options upon Disapproval 25 Exhibit II - Glossary of Certain Terms Used In this Rates sad Chug..... 28 Official Statement Paymeats by Cities 28 Re-crestion of Agency 27 (M44) Texas Munldpd Power (O.S.) -.095 TEXAS MUNICIPAL PONVER AGENCY 600 Arlington Do«ms Tower Effective 1.1-S3 Arlington, Texas 76011 P.O. Box 229 (817) 461.4400 Anderson, Texas 77530 (713) 573.2013 BOARD OF DIRECTORS Charles Matthews, President Garland Avon Acker, Vice President Greenville Roland Vela, Secretary-Treasurer Denton Wayne Gibson Bryan Jerry Ransom Greenville Richard Smith Bryan Richard Stewart Denton Vacancy Garland MANAGEMENT Ed L. Wagoner General Manager Frank H. Bass Assistant General Manager William P. Freeman Director of Financial Services GENERAL COUNSEL N._vrA-v, Iiow [ L, SmiTH & Lm P.C. Waco, Texas BOND COUNSEL Dtnaws, HtrcvMvrv, BoorHMAN & MORROW Dallas, Texas CONSULTING FNGINEEA I R. W. BECK A.-,D AssmtAw Denver, Colorado FINANCIAL ADVISOR FIRST SOUTHWEST COMPANY Mercantile Dallas Building DaI1as, Texas 73901 (M-34) Texu Munkipal Power (01) - 7095 (THIS RACE INTENTIONALLY LEFT BLA,\K] I (M-34)':elu ltualclPal Power (O.S.) - MOO i SUM\LARY The following information is qualified in its entirety by the detailed information, financial statements and estimates appearing elsewhere in this Official Statement, reference to which is hereby made for all purposes. The Issuer Texas Municipal Power Agency is a joint powers agency, without taxing power, created by the Cities of Bryan, Denton, Garland and Greenville, Texas, having the power to generate, transmit and sell or exchange electric energy to the Cities, and to private entities which are joint owners with the Agency of electric generating facilities within the State. The Bonds The $76,300,000 Texas Municipal Power Agency Revenue Bonds, Series 1982A are dated Novem- ber 1, 1982, and mature annually from 1986 through 2004, both inclusive, and in 2012. Interest will be paid on March 1, )983, and on each September 1 and March 1 thereafter until the earlier of maturity or redemption. The Series 1952A Bonds and coupons are payable to bearer with provision for registration as to principal. Redemption P. .visions The Series 1982A Bonds maturing September 1, 1993, and thereafter are subject to redemption on and after September 1, 1992, in whole on any date, and in part (by maturity as selected by the Agency and by lot within a maturity) on any interest payment date, at 103% of the principal amount and at declining percentages beginning September 1, 1993, plus accrued interest, as more fully described herein. The Series 1982A Bonds are subject to a special refunding redemption in whole or in part, on September 1, 1992, at 100,% of the principal amount thereof together with accrued interest, to the extent payment of such principal and interest is provided for on or before September 1, 1988, as more fully described herein. The Series 19S2A Bonds due 2012 are subject to mandatory redemp- tion in part by lot at a price of 100~o of the principal amount thereof plus accrued interest, as more fully described herein. Security and Source of Pay,aent The Series I982A Bonds are on a parity with •$1,150,000,000 previously issued presently Out- standing Bonds of the Agency, payable from and secured by an irrevocable first lien on the Agency's Net Revenues and certain other special funds created in the Bond Resolution. The principal revenue of the Agency will be derived from an identical Power Sales Contract between the Agency and each of the Cities. Each City covenants to establish, mainta6s and collect rates and charges for the services of its electric system which produce revenues at least sufficient to pay all amounts due under the Contract, including a contractual guarantee that the amount on deposit in the Bond Fund will be sufficient to pay all Bonds, including the Series 1982A Bonds, when due. Use of Proceeds The proceeds of the Series 1982A Bonds will be expended to complete the construction of the Agency's lignite-fueled and nuclear-fueled generating projects, to pay other costs associated therewith and to provide initial working capital. The proceeds will also be used to fund certain interest on the Series 1982A Bonds and the Outstanding Bonds and to make deposits into the Reserve Fund. Based upon the currently estimated costs of completing and financing its various projects, the Agency, after the issuance of the Series 1982A Bonds, will have completed the financing of its projects which have been approved by the Cities under the Power Sales Contract. (M-U) Teus Municipal Power (OS.)-7095 [THIS PACE INTENTIONALLY LEFT BLANK] I (M34) Tess Mun cipal Powei (O.S.) - .093 fam Approved _OMB No. 53-A l SOI A. 1;5. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN or, DISCLOSURE/SETTLEMENT STATEMENT I.OFHA 2. OFr (HA 3. Ct cONV, GNINS. 4, Q VA 5. = O'JNV. INS. 111AIFE TITLE Company of 6erij .On + 5. F -LE NUMB ER 7. LOAN NUMBER CP23508-219F11 - ` ' (seller) eilor B. MORTG. INS, C -ii NO Za e t C. ND Tf Thn rem-n I ifa Ip pin Ya+. nmmrnt of . wi atllrmmt cob. Amanb pf d to end M th. wnh mint spent m eh,wn, Irm..mrk.d "Ip awen paidsuside dw tlwlq; My .n doonn r. Mn infwmninN pu.pm, nil .nna included in er tmrM1, SO Ir's rd rurtAwer'e eippnnetun lrrron knowlydpr, hnl I rppinr/ •l Us ware!ions and Npnillet flit uodairsisn n"o,orationf ten bastion 1*,n lu prrndml Y.r w rpm stn fw [urrntter, end in rant of ny Nenpr Ivy current ye , NI rN .wY rdwetmnx mm1 M male between $aUn end rurc4wer dlrerl. liArwr ercr DE FIGT In 6lmount u l r,lI M nimWrrd m,T", cump•ny by dr Sellr. W, fiwe..,mined IN is mt.m.nl, find it con rect nd approve"clsburr mint, r yf ~wnn fineon Ivy vent sew roilMnrn. We herby .cknowl.dpe rwript of thI Iblcn.nt. -ISELLERI % Fri D. NAME OF BORFOWER E.SELLER F. LENDER City of Denton, Texas Robert £.Edxards etux Elaine 215 E. McKinney Wm. W.F-dxards etux Famela J. Denton, Texas 76201 31 Cole Circlo Krum, Texas 76240, G. PROPERTY LOCATION H. SETTLEMENTAGENT OATES USLIFE Title Cos,pany of Denton SETTLEMENT 1.9355ac.C.WalkerS. A.1330 Harvey E. Wuest, Jr. 11/18/92 Denton PLACE OF SETTLEMENT DATE OF PAORATIONS IF e31 h, Locust Street DIFFERENT FROM SETTLEMENT Denton, Texas 76201 J. SUMMARY OF BOA ROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 401, Contract sales price If L--PV 00 ' 101, Contract sales price JW6.00 402. Personal property - 102.Personal property 403. 103. Settlement charges to borrower d04. firwn Ii two. s t,a+Lr 22.00 - 104 - Adjustments for itemspaid by seller in advance 11 f18f 105, 405. (iieaiaewn taxes to 74 406. County taxes to Adjustment for items paid by seller in advance 407. Assessments to 408-. - to 106. taxes 1t/18fe2t-o- 1/ Z0.72 - 107. County taxes to - 400. to M. Assessments to 4Y 0. ta_ 109, to 411 to 110. to - - - 111. to 420. GROSS AMOUNT DUE TO SELLER 112 - to 1411080.72 120. GROSS AMOUNT DUE FROM BORROWER; 1141002-72 500 REDUCTIONS IN AMOUNT DUE TO SELLER. 11 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: _ 601. Payoff of first mortgage loan r. 1 11 IV] 201. Deposit or earnest money 602. Payoff of second mortgage loan _ 202. Principal amount of navy loari 503. Settlement chari to teller 15 s 205.31 203. Existing loan(s) taken subject to _ rJ>~I~• r~ mom LP _ 204 ion -383.50 504, Existing loan(s) taken subject to 205. _ 506--I>!1~P6P811aII- _ 506. - Adjustments for items unpaid by seller, 507. 19nI3D-w111s0 - t61C8 _ 147• 206. City/town taxes to 508. - 207. County trues to - 509, 208. Assewltnts to - --J---- _ _ 209. to -ADJUSTMENTS FCi ITEMS UNPAID BY SELLER- 710. to 510, City/tonfol taxes to 211: to 511. county taxes -~~--to 212r to - 512. Assessments _ to 220. TOTAL PAID BY/FOR BORROWER: 613. to 383.50 514, to _ 300, CASH AT SETTLEMENT FROM/TO BORROWER: 615' to 618. to V.Uros am eiintdub from borrofNer 520. TOTAL REDUCTION AMOUNT DUE SELLER 27x307.09 'I'1MiIr MU f2tr, 1411102.72 600. CASH AT SETTLEMENT TO/FROM SELL ER 302. LIu emounh (bald by or In behalf of laWrower 601. Gross amount due seller al 4" 1410060672 nl,rll 9 ~,dtarit•tx6`' 3830'7 602. LNS t.ital reduction In amount due to a/~ ~n sal lef Mwo Sm IV 127#307," 303. CASH 1GJ REt1lJIgEU fROMI Oq 1401719.22 113 773,•63 In PAYABLET0180RROWER: 603.CASH 113T0) I[JFROMISELLER Ek feel HUOt R V. W1181. d'0 PAGE 2 4 L. SETTLEMENT CHARGES 700. SALES;SROKcR'SCCIMMISSIC1NbawdonpriceS a PAID FROM PAID FROM BORROWER'S SELLER'S FUNOS'AT FUNDSPtT Division of Commission (line 7001asfotlows. • SETTLEMENT SETTLEMENT* - P-------------- '~i--- )01. To 707.$ 70 - - - - 703. Cemmission paid at Settlement - 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801 Loan Origination Fee % 802. Loan Discount % 803. Appraisal Fee - 804. Credit Report 805. I.rnder'c Inspection Fee B06. Polortryage Insurance Application Fee to - 807. A!;ump~ on Fee 802. Ste, 819. 611 - a)O.ITEMS REOUIRED BY LENDER TO BE PAID IN A )VANCE 901, Interest from _ to @S /da1____ _ 902. Wortgage Insurance Premium for months to 903. Hazard Insurance Premium for yaars to 904 yeah to 905. - 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard I nsurance months @ S per month t !002. Mcatgage Insurance months @ S per month 1003. City property taxes months @ $ per month - 1004. Ccunty property taxes months @ $ per month - 1005. Annual Assessments months @ S per month 1L576. months @ per month 1D)7, months @ $ per month 1008.- - - months @ $ per month - 1100, T17LE CHARGES 1101. Settlement w clox,rp fee to MLIFIS Title Cony of Denton 15,00- 11102. Atntract or title search to 1163. Title examination to 1104. Title insuratce binder to 1105, Oocument preparation to - pbiliye+ 'b1te etal 146100,00 1106. Notary fees to 1107, Attorney's Nei to _ (includes above items numbers; J MINIM I 1109. Title Insurance to >UUjjZ Title Cot" y- of Renton - (Includes above Items numbers; J 1f01.Lender'scovsrege$ 1410400,()0 _ 1110, Own aria coverage $ 1111. ~ r 1112, 1113. _ _ - 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES mi. Recording fear: Deed $ Mortgages Releases $ 7.00 1202. City county tax/stamps: Deed $ Mortgage$ 1203. State uxlxtemps; peed $ ;Mortgage $ - 1201. ,Lt}jaA&+&as_4n 1L4T.TVR T40as f!empsb of Tw%f4r1_-_ - - 1300. ADDIT'GNAL SETTLEMENT CHARGES 1301, StlrveY to .Rw7 f>,rd Jt labotli&leA IlIQ~ _ -~BCI__ 1301. Post In r- spection to 1303. -00 13a'1tA-tsarr---___ -1~ 104 1100. TOTAL SETTLEMENT CHARGES (ENTER ON LINES 10), SE4710N J AND 502, SECTION K1 22.00 l1512( 5631 1 lfuw Ito. nria. a1a1r■ C. F. BALLAf2D & ASSOCIATE„ INC. ► ~ REGISTERED CIVIL ENGINEERS b SURVEYORS 716 NORTH AU "IN PHONE 1617) 367.0506 r, DENTON. TEXAS 76201 November 5, 1982 ~I FIELD NOTES TO 1.9355 ACRE IN THE CIDEON WALKER SURVi;Y, ABSTRACT 1330,.DF.N- TON COUNTY, TEXAS All that certain tract or parcel of land situated in the Gideon Walker Sur- vey, Abstract 1330 Denton County, Texas, being all of a certain (called) 1.926 acre tract described in a deed from Earl I. Edwards to Robert E. Edwards on the 7th day of July, 1972 and recorded in Volume 650, Page 44, Deed Records of said County, and being more fully described as follows: BECINNTNG at a steel pin in the middle of a public road at the Northeast corner of a certain 42.5 acre Second Tract described in•a deed from J.E. Edwards, et al, to E.J. Edwards on the 25th day of July, 1945 and recorded in Volume 316, Page 368, Deed Records of Denton County, Texas; THENCE S. SP 00' 30" E. in said road part. of the way 337.15 feet to a. corner North of said road; THENCE S. 0► 56' 43" W. with a fence 122.75 feet to a fence corner; THENCE.S. 1° 31' 31" W. with a fence a distance of 127.24 feet to a steel pin at a fence corner; THENCE N. 88° 00' 30" W. 336.77 feet to a steel pin; THENCE N. 1► 09' 20" E. with a fence part of the way 250.0 feet to the Place of Beginning, containing in all 1.9355 acre of land. 1 ~ , ~ r ~ ~ ~I I j~~` 4~ 1~~ ~ i 8 1'+42 Form Approrrd 'r • Oslo No, 53 19 1501 • A. yy*S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT --B_ TYPE OF LOAN +s DISCLOSURE/SETTLEMENT STATEMENT I. E~D FHA 2. =FMHA 3.®CGNV.UNINS.' • 4. 0 VA e. = CONV.INS LIA11FE TITLE corpany of Penton e. FILE NUMBER 7. LOAN NUMBER e r CF23507-21hew % as e. MORTG.INS. USE NO. . r r at e - farm - o- - - - C. NOTF'. lity a hrm.Md to I Fa. unrnnt of a aupmerd coin. /m pid to and try di. unlsm•nt •,r +t ns annw n. lurm mars.d "Ip cc 1" wan paid .u rude the doing. fvY car Y+o wn h.19 la we u+lamnionM p,rpo..a snd m n ot irrludrv in w m[aIr Y.. 7.I1i srM Pu hear ti nnurr he - K wl>dpn hnltarlr appro.9 or w. prmstcm and iiiin in diver unbnurdirq hn pro.aunm is based on fil n rN p'rodn, ysa, a asdmalea for cunmt ar rre, Y.S Inn 1 yang Par curr..t Y•/. nernrry sdlu.[manu man be mad. Mrwa• , §.11o, and No-cnaer Croce Ilarwin any DEFICIT in dorinp.ent tun *1 be rvim Wrad I. Tads Cori DT am I IIn. Wr Mva ra amnvd 1i .uwn.nt, find it care( and riM p r this dobu "no a hown tf roan for twr.a and Den•fit. Wr hnrhl sckncoiloc a receipt or An autsmnt. I (SELLER) 1~_ D. NAME OF BOR ROWER E, SELLER F. LENOER City of Denton, Texas Robert E. Fdrards 215 E. McKinney Elaire Edwards Denton, Texas 76201 31 Cole Circle Krum, Texas 76249 0. PROPERTY LOCATION - H, SETTLEMENT AGENT - DATES USLIFF Title Company of Penton SETTLEMENT .5201 ac.O.WalkerS. A1330 NEW _ 11/18/82 Denton PUCE OF SETTLEMENT DATE OF PROBATIONS IF 531 N, Locust Street DIFFERENT FROM SETTLEMENT Denton, Texas 76201 J. SUMMARY OF BOR ROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 401. Contract sales price 52 , 101. Contract sales price 520M0.010 402. Personal property 102. Personal property - 407. 103. Settlement charges to borrower 404. fe.m and raoo, SKIAM LO 22.00 - 104 Adjustments for items paid by seller In advance 106. 405. ClysIWWn tares T-j 1f/o to /TI - .406. County taxes to Adjustments for items paid by seller In advance 401. Assessnxmh to 106. Oiats6awn taxer 8 o 29,27 40e. to _ 107. County taxes to 409. to 108. Assessments to - 410. to 109. to 411, to - 110. to - - 111. to 420. GROSS AMOUNT DUE TO SELLER 112, - to 52,029.27 120. GROSS AMOUNT DUE FROM BORROWER 52,051 .27 500 REDUCTIONS IN AMOUNT DUE TO SELLER: 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 601. Payoff of first rnortgape loan l4p425,29 201. Deposit or earnest money 602. Payoff of second mortgage loan _ 202, Principal amount of new loon(%h _ 503. Settlement charges to sailer 203. Existing loan(s) taken subject to rwn:xr uo7,axy/. a 5,724.61 7204! stn prorst one _ -73•-IJ9 604. Existing loan(s) taken sut,ject to _ 206. W, Rent proration - - 606.82 non oun y a e axes Adjustments for Items unpeld by se.ter, S07, -19g2-DFnTo-[1 7021- axes 206.Citylfowntaxet to 508. 207.Couri taxes to 509. -J- 208. Assessments to _ 209. to _ ADJUSTMENTS FOR ITEMS UNPAID BY SELLER _ 210." to - 610.Cilyhowntaxes to 211r -10 _ 511. County taxes to 12,; so - 512, Assessments to _ 4'tO. tOTAL PAID BYIFOR BORROWER: 513. to 73.99 614, to 300. CASH AT SETTLEMENT FROMlTO BORROWER: 615' - to - 616. to 301.Orb1`I amount due from borrower 520. TOTAL REDUCTION AMOUNT DUE SELLER: 20,466.67 Mwehrflb 52,W ri 600. CASH AT SETTLEMENT TO/FROM SELLER 30i. Len"lrriountopald by or In behalf of tsnrrower Will, Gross amount due seller rnn.+w. as 52, 029.27 rTrat+fra f~lg ,l . I` , 73,99 602. Lou total reduction In amount due to caller IrromI . M 1011466.16T 303. CASH 1~ REOUIFIED FROM) OR 51 , 97T.28 (=PAYABLE TOI BORROWER! 603. CASH f[ TO) I[]FROMISELLER 31,562.60 HUD I REV. IN761 i 1 v } • • PAGE 2 L. SETTLEMENT CHARGES 700. SALES/BROKER'S COMMISSION based onprice$ PAID FROM PAID FROM BORROWER'S SELLERS FUND& AT FUNDSAT Division of Commission (line 7W) is follows: SETTLEMENT SETTLEMENT a 701.$ To ' a 702.$ To ' 703. Commission paid at Settlement 704. 800, ITEMS PAYABLE IN CONNECTION WtTH LOAN 801. Loan Origination Fee % 802. Loan O;scount % 803. Appraisal Fee 834. Credit Report 805. Lender's Inspection Fee - 806. Mortgage lnsur3nce Application Fee to _ 807. Assumption Fee 808. - 809. - - - 1310. - - 811. 900. ITEMS REOUIREO BY LENDER TO BE PAID IN ADVANCE 901. Interest trim to __@$ /day 902. Mortgage Insurance Premium for months to _ 903. Hazard Insurance Premium for years to - - 904. -years to - 905. - - 1000. RESERVES DEPOSITED WITH LENDER 1001, Hazard Insu rance months @ $ per month 1002. Mortgage Insurance months @ $ Der month _ 1003. City property taxes months @ $ per month 1004. County proper., taxes months 0 S per month 1005. Annual Assessments~ months @ S per month - 1006. months @ $ per month - - S -par month - 1007. Montt 19 1008. months @ $ per month - 1100. TITLE CHARGES 1101. Settlement or closing fee to USLIFE Title Company of Denton 15600 15000 1102. Abstract a title search to 1103. Title examination to 1101, Title insurance binder to I 105. Document preparation to Phillpol lhite etal ! 1108. Notary fees to _ 1107. Attorney's fees to - (includes above Items numbers; 1108, Title insurance to U3 IRE Title Compe4y of Denton (includes above Items numbers; _ f 1109. Lender's coverage S 52 000,00 _ 1110.Owner's Coversoo S 1111. - - - - 1112, 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201, Recording fees: Deed $ 7000 ;Mortgage $ 000-Re leans $ 7,00 $202. City/county taxisfamps: Deed S ;Mortgage$ 1203. State uxl►tamps; Deed $ ;Mortgage $ 120,11.ifelt patrtgfifial to 11307111" TWO COMPAnY of Denton 1300. ADDITIONAL SETTLEMENT CHARGES 1301.' Survey to sti Ini .61 1302.', Ill inspection to _ 1303, _ _to_~entnn Eo~aty~lark 17.00 1304, ~r` 1400.i01ALSET'TLEMENTCHARGEIIENTERONLINES103,8ECTIONJANDS02,S:CTJONKI 22100 5024s61 s: Nuat Al I'll atrs" C. F. BALLARD & ASSOCIATES, INC. REGISTERED CIVIL ENGINE~XS & SURVEYORS 210 NORTH AU MI, PHONE (0171 107.0306 • DENTON. TEXAS 76201 Novomber 5, 1982 FIELD NOTES TO 0.5201 ACRE'IN THE GIDEON WALKER SURVEY, ABSTRACT 1330, DENTON COUNTY, TEXAS All that certain tract or parcel of,'larid situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas. being-part of a 42,5 acre tract described in a deed from I.F. Edwards, et al. to E. Edwards on the 25th day of July, 1945, and recorded in Volume 316, Page 368, Deed Re- cords of Denton County, and being more fully described as follows: BEGINNING at a corner in the middle of a public road on the north line of said.42.5 acre tract at a point S. 88' DO' 30" E. 697.22 feet from the Northeast corner of a 5.00 acre tract 62setibee in a deed from Robert E. Edwards to Colin E. Hiley and recorded in Volume 960, Page 2810 Deed Records of Denton County, Texas; THENCE S. 88' 00' 30" R. with the North line of said 42.5 acre tract in said road 110.n feet to a corner; THENCE S. 1' C9' 20" W. 206.0 feet to a steel pin; --THENCE N. R8' 00' 30" W. 110.0 feet to a steel pin; THENCE. N. 1" 09' 20" E, 206.0 feet to the Place of Beginning, cofitair5ifig in all 0.5201 acre of land. 1 ~ ~I Nov 1 8 1982 Fam Apprard nx _ OLIB No. 63-01'AI FU-11FIE . DEPARTMENT OF HGU-th'G AND URBAN DEVELOPMENT B. TYPE OF LOAN DISCLOSURE/SETTLEMENT STATEMENT L [7] FHA 2. []FMHA 2. ® CONY. UNINS. ai = VA S!ANY. INSTITLE Company of Denton B FILE NUMBER 7. LOAN NUMBER OF23509-21HEW ' • B. MORTGINS. CASE NO. C. NOTE s n IaTw ryvr you . ralwmrnt al alum rt "IAoddin t v Amou no p.~d ro.M by Cho wmlxnmt pmt m Jiown. Iwm. mrtod "tp be 1"wvn q-d ahldr ON Nwirq; bwy am J wY •n wrmMm for rcMmalmM purpwr rM xr not intWd roWr. Setlx'1 and K"teritr't ceyi'alum Mrron al ww'rdaes liJdair ppro.d of L. Ww.fiom, wit uPif,n 0a ,r mdtnbndiry m.t limmbon. rnm bad w lipum for pnwdinp Yrr, w ramaln tar turmtso, rd in nmt of my drgr Iw ew tt.r, ."rrwrary tdruronmm martb mode trt nSmlr ald Furchrr eimct himir.ny DEFICIT in drllnaumttun mill be mire buried ro Title Cornwytoy dr Lilr, mn/v wt r r..min.d ein Iformrnt pnd it [wrest tM amber aclk,dnturt• ~ m. Ih orm dur.m for our ur end Crnrfit. We MnW wwl.dpr m elpt of mar thtrrmt. BELLERI D. NAME OF BORROWER E, SELLER F. LENDER City of Denton, Texas William Warren Edwards 215 E.YcKinney Pamela J. Edwards Denton, Texas 76201 Route 7, Box 65 Denton, Texas 76201 G. PROPERTY LOCATION H. SETTLEMENT AGENT DATES USLIFE Title Comrsny of Denton SETTLEMENT •505OaL.G,WalkerS. A.1330 Harvey E. Wuest, Jr. 11/18/82 Denton PUCE OF SETTLEMENT DATE OF PROBATIONS IF 531 N, Locust Street DI FFERENT FROM SETTLEMENT Denton, Texaa 76201 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400• GROSS AMOUNT DUE TOSELLER: 401 Contract sales price , 101, Contract sales price _ r • 402. Persont,' property 102. Personal property 403. _ 103. Settlement charges to borrower 404 - 11111,00 ,14,10 110x, 5111:60" to 22 . 1D4 Adjustments for items paid by seller in advance 106, 405. C4ete{uww taxes -~1 f f~ 182 - to I/ ~ - 406. County taxes to Adjustments for items paid by seller in advance 407. Assessments to 106.4eyeMen taxes 1 fltO/81,iro -11-1-1133- ---3 2-.3 4oe. to 107, County taxes to 409, to 108. Assessments to 410. to 109, to 411. to 110. to - 111. to 420, GROSS AMOUNT DUE TO SELLER 112, to 601,052.54 120. GROSS AMOUNT DUE FROM BORROWER: 6OtO'A-54 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER; _ 501. Payoff of first mortgage loan _ 70680.13 201. Depositor earnest money 602. Payoff of second mortgage loan s 202. Principal amount of new loan(.) 503. Settlement charges to seller 203. Existing to on l+) taken subject to I !Hoye Yxr uw, wrNon 0 60591.00 204. - 604. Existing loan jet taken sutaiect to 205, 19152 0 o0 axes u 500. Adjustment for Items unpeld by seller: 507. _4- 208.Citylttawntaxess to 500. 207. County taxes to 509, 208. Ansittmant to _ 208, toADJUSTMENTS FOR ITEMS UNPAIDIBY SELLER 110. to _ 610, Cityltown taxes to _ 111.` to 511. County taxes to _ 112 612. Assessments to 220.TOTAL PAID BY/FOR BORROWER: 513. J to 514, to 300. CASH AT SETTLEMENT FROFAITO BORROWEr: 61S. to 616. to 361. Gross "ourstdwfrom borroWer f 520. TOTAL REDUCTION AMOUNT DUE SELLER: 24t400.F7 M xw"t 6Ot074a54 000. CASH AT SETTI.EMENTTO/FROM SELLER 341. Laos amounts {said by or in behalf of borrower 801. Gross ertulunt due seller (eria. 01110 as 60, 052.54 11 ,11wri11t,a7dY IF 602, Lea tote! reduction in amount due to t seller ilhomtetae 124r4+~' IS'~ l 903. CASH 1~ REi)UlP1D FAOMI Ott 60~074d'~, r . ~,..W. _ICt)pAVABLE1O)BORROWER: 003.CASH 1+0) 1[]FROM)SELLER 35471, ?1 14UP111ty. (IH7f i PAGE 7 1 L. SETTLEMENT CHARGES SALESJBROKEq'SCOMMISSION basedonpriceS PAID FROM PAIDhROM BORROWER'S SELLEW3 FUNDS AT FUN!)ri.1T Division of CommissIp Zane 700) as follows ' r a SETTLEMENT SETTLEMENT 7014 To s . s ~ 702,$ To 703. Commission paid at Settlement s 704. - 800. ITEMS PAYABLE IN CONNEC PION WITH LOAN 801. Loan Origination Fee % 802. Loan Discount _ % 803. Appraisal Fee 894. Credit Report 805. Lender's inspection Fee 806. Mortgage Insurance Application veto 807. Ass imption Fee 808. 809. - - 819. - - 811. - - 900. ITEMS REQUIRED BY LENU'-R TO BE PAID IN ADVANCE 901. Interest from to @S /day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. years to - 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance nwnths @ $ per month 1002, Mortgage insurance months @ S - per month 1003. City property taxes months @ $ per month 1004. County property taxes months @ S per month 1006. Annuat Assessments months @ $ - per month 1006, months @ S per month------- - 1007, u months @ S per month - 1008. months @$ per month 1100. TITLE CHARGES 1101. Settlement or closing fee to TMIFE Title Company of Denton _ 15.00 15.00 1102. Abstract or title search to 1103. Title examination to - 1104. Title Insurance binder to 1105. Document preparation to Philipe,Yhite etal 6,000.00 1106, Notary fees to _ I 1107, Attorney's fees to (includes above Items numbers; - -r~- J 1108. Title insurance to USLUX Title CompnrLy of Denton 07 (includes above items numbers; J f 109. Lender's coverage S _ 1110, Owner's coverage S 1111.- 1112. 1113. 1209. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Reazding fees: Deed ;Mortgetp $ Am Releases, $ !E.I 1202. Citylcountytax/stamps: DeedS ;Mortgagee 1203.. State last/stamps; Deed S _ ;Mortgage $ 1 #r: l'wrt444 r4rr 4A IL9T.Tzz Titre camps of Dan An 1300. ADDITIONAL SETTLEMENT CHARGES 130). SuMY to~~~~i~ to-tea - _10@ 1302, Pat inspection to 113 3101-J'~►-- - -._.-to-11SLYFl~ Tit10 -C ~ - 1304~i11@~ lase ta-Jlenfan~nniy..-Lcaps _ot'-Daat _ 1309.: 1400 TOTALS IME NT H SfENTERONLINE3103,SECTIONJAN0501,SECTIONKI 22.00 611591,00 -r IaMlrlsv,(allel Id nrreer f ' C. F. BALLARD & ASSOCIATES, INC. REG;STERED CIVIL ENGINEERS & SURVEYORS • 216 Nr_RTt+ AUZMN PHONE (817) 387.050& DENTON, TEXAS 76201 November 5, 1982 • FIELD NOTFS TO 0.5050 ACRE IN THE GIDEON WALKER SURVEY, ABSTRACT 1330, DENTON COUNTY, TEXAS All that certain tract or parcel of Sand situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being part of a certain 4,00 acre tract described in a deed from E.I. Edwards and wife to W.C. Sparkman by Mechanic's Lien on'ther6tH,day, of,!February, 1964 and record- ed in Volume 37, Page 5800 Pechanic's Lien Records of said County, and being, more fully described as follows: BEGINNING at the Northwest corner of said 4.00 acre tract in the middle of a public road; THENCE S. 88° 001 301''E. with said road 110.0 feet to a point in the + middle of said road; ,J, • r THENCE S. 01° 09' 20" W. a distance of 200.0 feet to a steel pin for a corner; THENCE N. 88° 00' 30" 14. A distance of 110.0 feet to a steel pin in a fence on the Vest boundary line of said 4.00 acre tract; THENCE N. 1° 09' 20" E. with a fence most of the way a distance of 200.0 feat to the Place of Beginning, containing in all 0.5050 acre of land. r • 4 1 `D i wov 1 a IM2 NSF . I. 1~' + RN.,' ell a I. ww~~.. ~ 1 r i aq' [ ..I n 1;§ t R Sk lw t r+~.~,1 INr6EPE[vDENT CONTRACTOF'S PGREF24ENT• • THE STATF OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The City of Denton, Texas, a Municipal Home Rule City situated ti + in Denton County, Texas, hereinafter called "City", acting herein ! I by and through its City Manaqer, and Priority Systems, Inc., hereinafter called "Contractor" er , hereby mutually agree as follows: 1. SERVICES TO 1113 PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. System Programming "f4 B. Application Programming y 2. COMPENSATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for services: A tti $40.00 per hour from October 1, 1982 thru March 31, 1983; k.r $43.00 per hour from April 1, 1983 thru September 30, 1983 11OT TO EXCEED $39,825.00 B. Dates of Payments: Two weeks after receipt of invoice on the 1st and 15th of each month. 3. SUPERVISION AND CONTROL BY CITYs It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and ehall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services herenriler at the direction of and to the satisfaction of the City Mati.ager of the City of Denton or his designee under this agreement:, INDEPENDENT CONTRACTOR'S AGREEMENT-Priority Systems, Inc.-Page 1 KNI 1 Qi`r 5 ~y f • / 4, S URCE OF FUNDS: All payments to Contractor under this ' agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of 4 i Denton. 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City i a agrees to furnish to Contractor the following services and/or supplies: A. NONE t 6. 7.~SURANCE: Contractor shall provide at his own cost and expanse workmen's compensatirn insurance, liability insurance, b,s and all other insurance necessary to protect Contractor in the operation of Contractor's business. f 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written ~ M n ~4 notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of October, 1982, and end September 30, 1983. EXECUTED this the day of "gMber 1982. noc I, ~'a4[ CITY 0 NT0 , EXAS . BY ITY ATTEST: 1tY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: CONTRACTOR BY c{\~~~~=- V That Gary A. Collins,, is hereby designated as the person to administer the provision of this agreement. / NoveMber.2, 1,182 DATE " I INDEPENDENT CONTRACTOR'S AGREEMENT-Priority Systems, Ino.-page 2 All i , ,..ate w.r ~ ~y _y ~ s 'f , ~ ' / ~ ~ ~ i y+ ~ r r f ti ~ ,fir . a a r A R E S O L U T I O N, a # WHEREAS, the Denton City Council has called an election for + December 11, 1982, for the purpose of authorizing the issuance of General Obligation Bonds to finance a major street renovation program; and WHEREAS, this street renovation program is intended to ' correct problems caused by street maintenance that has been y4 deferred in the past; and WHEREAS, the Denton City Council believes it to be of highest priority to increase the level of street maintenance performed by the City of Denton annually; and WHEREAS, the Denton City Council wishes to formally ; establish an increased level of street maintenance as the number one priority for consideration in the budget planning for the 1983-84 fiscal year. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE j CITY OF DENTON, TEXAS: SECTION I. That the Denton City Council hereby formally establishes street maintenance as the number one priority for the 1983-84 fiscal year and states its intent to increase the level of funding for street maintenance with the 1983-84 Annual Operating Budget, and directs the City Manager to prepare his budget recommendations to reach that goal. PASSED AND APPROVED this the 2nd day of November, 1982. f Z I A D 0. TEWAR , MAYOR CIT OF DB ON, TEXAS ATTBS t IC I WB G, DB Z CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY BYt ~ s r.. 4 ~ ~ r ~ 1 N Q/ . + , P~. ~ iw i k ~ T h 'i`~i, ~ { ' ~ r ' ~ er 19g~- I C-20- Qg1'r CLAIM DEED ~CL~°,n Oo..pdyr THE STATE OF TEXAS, I KNOW AIL MEN BY THESE PRESENTS: ' COUNTY OF Denton DEED KcdpoS r- 340J That Ana Rocco Pena, Donald Bailey and wife Silvia Bailey of the County of Denton and State of Texas , for and in consideration of the sam of Ten and no/100 ($10.00) - - - - - - - - - - - - . - - - - - - DOLLARS, to them in hand paid by The City of Denton, Texas of the County of Denton and State of Texas , the receipt of which is hereby ackrowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said City of Denton, Texas, its successors and assigns, all their righttitle and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, to-wit : All that certain 0.019 acre tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the N.H. Meisenheimer survey, Abst. No. 810, and being part of a tract of land as conveyed to Donald Bailey and wife Silvia Bailey by deed recorded in Volume 808, Page 920 and also being part of a tract of land as conveyed to Ana Rocco Pena by deed recorded in Volume 865, Page 226 of the -,Deed Records of Denton County, Texas, and more particulary described as follows: Beginning, for the southeast corner of the tract being described here- in at an iron pin set in the ground at the southeast corner of said Pena `tract; Thence South 88 degrees, 50 minutes, 20 seconds West 42.88 feet to an iron pin set in the ground; Thence North 01 degree, 51 minutes, 25 minutes East 20.45 feet to an iron pin set in the ground on the north line of proposed Windsor Drive; Thence South 84 degrees, 00 minutes, 32 seconds East with the north line of saiu road 42.82 feet to an iron pin set in the ground; Thence South 01 degree, 51 minutes, 25 seconds West 18.84 feet to the ,,point of beginning. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- r legea and appurtenances thereto in any manner belonging unto the said City of Denton, Texas its successors and assigns, forever, so that neither the said i Ana Rocco Pena, Donald Bailey and wife Silvia Bailey ~ nor their heirs, nor any person or persons claiming under them shall, at any time h64~e81Cdtr,%y have, claim or demand any right or title to the aforesaid premises or appurtenances, or, ling p.art therK~ s of. ' WITNESS our hand at Denton► Texas this , 1'(6 day of /1/ow4tr A. D t¢ Witnesses at Requeat of Grantor: A Rocco Pen LL ona d Bailey I~n P ♦.~ow i S V wre,in 4 ~~uvwl" Snr vw ~r ~w sr n~. P w 1.4 1T~'i'l~ ~e r.a -r ~'tp ~`vFv' ftlt;r~5C,1 ,~vC u ~v n I I u r v~ n rr V l3 13 6GGf' r ~ e ACKNOWLEDGMENTI THE STATE OF TEXAS, COUNTY OF WE3EFORFI ME. the undersigned authority, on this day per really rppeared QAO, Ietto -~ewo~ At~~ known to me t-) ne the person trho: a name ID subscribed to the fcl •going instnument, ar.d ac *i I _.n S he executed the same for the pu: pews and ca, sides an therein e~ 1cbsed. ~ f. for th GIVEN UNDER MY HAND AND SEAL OF OFFICE;, i'h' t~ het A.D A~ ee\t . o otry the ¢t to of Te ~n Of DEN`S My Commission Expires .`.1 .-.8 d `2" ACKNOWLEDGMENT THE STATE OF Maryland COUNTY OF W,13h ngton BEFORE ME, the undersigned authority, on this day personally appeared Donald_ Bailey _anc3 Silvia Bailey known to me to be the person S whose name are subscribed to the foregoing instrument, and acknowledged to me that they execl,',ed the same for the purposes and consldQm Lion therein expressed. GIVFN Ui':I?ER MY HAND AND SEAL OF OFFICE., This 19th day of November , A.D. 1982 IL S,) .fttA....... Q_...:.._(t,ittrti Notary Public, in a fo~ the State of , My Commission Expires CORPORATION ACKNOWLEDGMENT ro THE aTATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.. on tbia day personally appeared _ _ known to me to be the person and officer whose ranie is subscribed to the foregoing instrument and acknowledged to me that the some wee the act of the said - - - a corporation, and that he executed the some 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, This day of....................... A.D. 19---..- (L.S.) Notary Public, in and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE OF TEXAS, _ County COUNTY OF . . . . Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of _A. D. 19 with its Certificate of Authentication, was filed for record in my office on the . day of- . _ _ _ , A. D. 19 , at . _ o'clock _ M., and duly recorded this iy~etF.t(1ics..-____ A. D. 19- at. o'clock. M., in the of 4 Vek q,-vf maid County, in Volume........ on pages,._, WITNESS MY HA&V ' L+bfY/I`I~,1t,COURT of said County, at office in s , ...............................°p~O~.t9.(Aitolrnps~111 "rronSfMeatlil4t~r last obose written. ikr 104ea tknam,~ j tbr+fr. i'c:as as sfsTped t~pyt M~ _ . _ _ oasv DEC p 'N!ounty Clerk _ County, Texas. S.) By Deputy, i d) A P4 V ~ o L ~ao c w 1. U 000 .i 111 i i1 4 S v a a j ` ~6~ CY M 4j s s CITY OF DENTON M E M O R A N D U M TO: Vicki Westling, Acting City Secretary FROM: Gay Racina, Sr. Secty, Utility Adm. DATE: December 8, 1982 RE: Contract for Engineering Services for Water Distribution System F ow An~a.!Zs Attached please find an executed copy of the above-referenced contract between the City of Denton and Hogan & Rasor, Inc., for filing with the official records of the City. This contract was approved by the Denton City Council November 23, 1982. Gay Rac nap "Sr. r gr cc: file Attachment: Contract- Hogan & Raaor 1500U/3 l f CONTRACT FOR ENGINEERING SERVICES FOR WATER DISTRIBJTION SYSTEM FLOW ANALYSIS Contract made this 24th dal of November, 1982, by and between the City of Denton, Texas, a municipal corporation organized and existing under the Home Rule Amendment to the Constitution of Texas, (hereinafter referred to as Denton) and Hogan and Rasor, Inc., Dallas, Texas, a corporation duly authorized to transact business within the State of Texas (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, Denton wishes to employ Consultant for the purpose of conducting a "Water Distribution System Flow Analysis" in conjunction with a Water Treatment Plant Expansion Study being conducted for the City ty Freese and Nichols. NOW, THEREFORE, the Parties hereto do hereby agree as follows: -2- SECTION I Consultant shall perform an analysis of the Water Distribution System flow and pressure resulting from a proposed new water plant. The location, size and schedule for such plant will be furnished to :he City of Denton by Freese and Nichols. Hogan and Rasor shall work with '.:he City and Freese and Nichols in analyzing the effect of such plant on the City of Denton's Water Distribution System for various alternatives of sizes, locations and schedules. Such analysis shall include estimated costs for new lines, ground or elevated storage and other distribution system improvements required for each alternative proposed by Freese and Nichols. Hogan and Rasor shall conduct the analysis utilizing the computer facilities of McDonnell Douglas Automation Company, 4100 McEwen Road, Suite 100, Dallas, Texas 75234. The analysis shall consider the water capacities associated with peak hourly demand and mi.minum hourly demand. It is anticipated that Hogan and Rasor, the City and Freese and Nichols representatives will have joint meetings on location at Hogan and Rasor's computer terminal to run various - 3-- alternatives and make adjustments in the alternatives and input data to aid determiniriy the optimum schedule, size and location for such water plant expansion. A brief narrative report of the inputs, outputs, alternatives, assumptions and costs associated with each proposed alternative plant size, location and schedule shall be furnished to the City. SECTION II In consideration of the services performed by Consultant under this Contract, Denton shall pay Consultant: A. Professional Services Charges for professional services of Consultant's staff who may be assigned to the project will be billed in accordance with Consultant's standard hourly rates for the various categories of personnel as follows: Principal Consultant $100/hour Project Engineer $90/hour Engineering Technician $45/hour Draftsperson $25/hour Secretary $25/hour • -4- Time charges will be made for personnel only while they are actually at work on the assignment and for travel time during normal working hours. B. Out of Pocket Expanses In addition to the cost of professional services, certain otter expenses consisting of, but not limited to, travel, lodging, and living expenses of Hogan and Rasor, Inc., employees when engaged on « project away from the home office, plus long distance telephone and other incidental charges will be billed at cost. Printing, reproduction and data processing charges, as required, will be billed in accordance with Consultants' standard rates prevailing at the time such services are rendered. The use of Consultants' automobiles will be billed at cost. C. Total Cost Unless authorized by the City of Denton, the maximum charges shall not exceed $5,000. SECTION III invoices shall be rendered monthly for the preceding month's vervicee performed and expenses incurred on Denton's behalf, and such invoices shall be due and payable fifteen days after receipt of the invoice. SECTION IV Consultant shall. utilize its own personnel in the consideration of all required studies. Under no circumstances, except for the services of McDonnell Douglas Automation Company as listed herein, shall Consultant be authorized to enter into any contract with another which would obligate Denton to pay all or part of the amount due under any such contract irrespective of whether recovery might be based upon an express or implied contract (quantum meruit). The facilities of McDonnell Douglas Automation Company, Dallas, Texas, may be utilized for the Hardy-Cross analysis of the Study. SECTION V Denton may terminate this Contract upon written notice t,) Consultant. In the event of termination, Denton shall pay Consultant for full services rendered and expenses incurred to date of termination and Denton shall receive all completed analysis comparisons, and work done to the date of termination and any work in progress or incomplete reports will be delivered to Denton. i -6- SECTION VI The provisions of this Contract constitute the entire agreement between t h a Parties and supersede all prior communications, representations, and agreements, oral or written, between the Parties hereto with respect to the subject of this Contract. IN WITNESS WHEREOF, the Parties hereunto set their hands and seals the day and year first above written. ATTEST: HOGAN AND RASOR, INC. Title Title ATTEST: CITY OF DENTON, TEXAS 2-4--Z6~L - ~ ~ 7 By By "Woe Title Title ATTACHMENT I SCOPE OF WORK WATER DISTRIBUTION SYSTEM STUDY 1. Pre-Work Conference: The Consultant shall meet with the City to discuss the work program and schedule, procedures of communication, additional surveys, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this study program. 2. Inventory and Review: The Consultant shall secure from the city data and information available on the water distribution system. The Consultant shall then: a. Review all p;i.or studies and other available data of the existing water ~aorks system; b. Develop an inventory of the physical characteristics of the water works system; c. Prepare an updated system map of the existing waterworks facilities on reproducible material at a scale presently utilized by the City. Elevation contours on the waterworks system map will be limited to the area(s) where the operation of the future system may warrant two or more pressure planes. 3. System Planning and Analysis: The Consultant shall: a. Meet with the City for the purpose of discussing and confirming the proposed population projections and distribution that will be used in the planning and analysis of the water distribution system. b. Prepare anticipated water demands for the future growth and development within the planning area for a planning period extending through the year 2000. Population projections and distributions and future lard-use for the Planning area will be utilized from the information furnished by the City. Recently completed water supply studies shall be used to establish total system demands. c. Establish the applicable standards and criteria for determining the adequacy of the existing waterworks system and use in determining the improvements and extensions required to meet the existing and forecasted needs. -2- d. Analyze the water distribution system considering: Storage facilities; High service pumping facilities; Water pressure; Capacity requirements and distribution of water; Operation procedures. e. Prepare a map at a convenient scale illustrating the general layout of the proposed waterworks facilities with respect to the existing system. The current pressures and flows in the existing system and the required facilities for the future water distribution system will be determined from a comp.iter analysis of the estimated water demands. f. Conduct the Hardy-Cross analysis of the water distribution system utilizing the computer facilities of McDonnell Douglas Automation Company, 4100 McEwen Road, Suite 100, Dallas, Texas 75234. g. Plan the future water distribution system with capacities to adequately serve the proposed developments. The computer analysis shall include the following consideration for the system's demanO.s: Existing System - Peak Hourly Demand - Minimum Hourly Demand Proposed System - Peak Hourly Demand - Minimum Hourly Demand 4. System Plan and Report: The Consultant shall present conclusions and recommendations for a proposed water distribution system to serve the City of Denton's anticipated requirements through the year 2000. The recommendations for the proposed waterworks system will be consistent with the overall local and regional comprehensive planning goals and anticipated development predicated upon the current standards set forth by the Texas Department of Health, the Texas State Board of Insurance, and the Texas Department of Water Resources. 5. Final Reviews and Printing: The Consultant shall: as Present fifteen (15) draft corteu of the final report to the C17.; Staff for review and comment. Maps, charts, and other graphi.: material will be presented at the original scale. -3- b. Amend, as required. c. Prepare report, graphics and other material and coordinate for final printing. Fifty (50) copies of the report shall be printed in final form and furnished to the City. An additional one hundred fifty (150) copies of the proposed water distribution system plan (report size) will be printed and furnished to the City. d. Present final report to the Public Utilities Board. 1 ~ / 1 1 ~J f3 SAS Institute Inc. Pn eemenl Number Program Products License Agreement This Agreement is made by and between SAS Institute Inc., SAS Circle, Box 8000, Cary, North Carolina 27511 ("institute") and the City of Denton, Texas, 215 East WYdnney Street, Denton, Texas 76201 ("Customer"). 1. Subject of Agreement. The institute agrees to grant, and the S. Customer Service. The Institute will offer limited consultation, via Customer agrees to accept, on the following terms and conditions, telephone or writing, on specific problems that arise in the installation nontransferable and nonexclusive licenses to use the Institute's Pro- and use of a licensed IPP (including consultation to correct IPPerrors gram Products (IPP's) listed in Supplement 01 to this Agreement and or to offer suggestions as to their circumvention). In addition, error those which are ordered from time to time by the Customer subject to correction (ZAP) decks may be sent to the Customer to modify or cor. written confirmation by the institute, Customer's rights hereunder are rect existing program bugs. However, the Institute does not guarantee those of a licensed user only and IPP's sh,il at all times remain the consultation results nor represent or warrant that all errors or bugs properly of the Institute. will be corrected. The Institute shat have the right to make additional charges for any 7. Term. This Agreement is effective from the date on which it is ac- additional effort required to provide programming consultation cepted by the Institute at its office in Cary, North Carolina, and shall resulting from Customer's use of other than the current unaltered remain in force until terminated as provided herein. The Customer release of the licensed IPP. may terminate this Agreement with 30 days' prior written notice to the Institute once it has discontinued use of all IPP's and has given notice of such discontinuance in accordance with paragraph 11 of 6. Permission to Copy and Modify. The Customer may copy any this Agreement, provided that the Customer is not in breach of any machine-readable materials supplied by the Institute, for installation, provisions of this Agreement. The Institute may discon:inue any IPP maintenance, or backup purposes. The Customer may modify a license or terminate this agreement if the Customer fails to comply licensed IPP for its own use and merge it into other program material with any of the terms and conditions of this Agreement. to form an updated work, provided that, upon discontinuance of the IPP license, any portions of the tPP thus used will be completely 3. License. Each IPP license granted under this Agreement authorizes removed from the updated work, Any portion ofan IPP included in an the Customer to use the licensed IPP in any machine-readable form updated work shall be used only on the CPU designated in the IPP on a single central processing unit (CPU) designated by typelserial license. number. A separate license i required for each CPU on which the licensed IPP will be used, pruvided, however, that the license granted 7. Protection and Security. The Customer agrees not to provide or under this Agreement for the designated CPU may be temporarily otherwise make available any licensed IPP in any form to any person transferred to one backup CPU while the designated CPU is in- other than Customer's personnel. In no event will a licensed IPP be operative due to a malfunction. made available on a timesharing basis to outside users without the Each IPP License shall be in effect for one (1) yearfrom the "License written permission of the Institute. beginning date" specified in the Supplement for that IPP, unless the Customer requests a pro-rated license in orderthat billing datesfor all licensed IPP's fall on the same date, Approximately one month before 8. Patent, Copyright, and Trade Secret Indemnification. The Institute each yearly anniversary of the "license beginning dale" for each IPP, will defend at its expense any action brought against the Customer to the Institute will invoice the Customer for the next year's license fee the extent that it is based on a claim that a licensed IPP, used within for that IPP. Customer's payment of the invoice within 30 days will the scope of the license hereunder, infringes a copyright, trade secret, signify its renewal of the license for the IPP subject to the terms and or patent in the United States. The Institute will pay any costs, conditions of this Agreement for one additional year. Failure to pay damages, settlement awards, and attorney's fees finally awarded the invoice within 30 days after the anniversary date shall constitute a against the Customer in such action which are directly attributable to non-renewal of license, and the Customer must discontinue use of the such claim, provided that the Customer notifies the institute promptly IPP and notify the Institute of its discontinuance as provided in in writing of the claim and that the Institute may fully participate In paragraph 11 herein. the defense are&or agree to any settlement of such claim. Should a This Agreement and any of the licensed IPP's to which it applies li•.ensed IPP becon,e, or in the Institute's opinion be likely to become, may not be assigned, ;ubliceu, rf, or otherwise transferred by the the subject of a claim of infringement of a copyright, trade secret, or Customer without poor written consent from Institute. The Customer patent, the Institute may procure for the Customer the right to con- may redesignatethor CPU on which a licensed IPP is used by notifying tirue using the licensed IPP or replace or modify the IPP to make it the Institute in writing at least 10 days prior to the redesignation. noninfringing. The Institute shall have no liability for any claim of copyright, trade secret, or patent infringement based on: (1) use of f. Charges. Initial year license fees are due within 30 days after the other than the latest unaltered release of the licensed IPP available J "license beginning date." IPP yearly license fees are subject to from the Institute if such Infringement would have been avoided by change by institute upon written notice to the Customer three (3) the use of the latest unaltered release of the licensed IPP or (7J use or months prior to the anniversary date for the IPP license. To any combination of the licensed IPP with non Institute programs ordata if charges under this Agreement there shall be added amounts equal to such Infringement would have been avoided by the use or combina- any Federal, state, or local taxes, now or hereafter levied with respect lion of the licensed IPP with other programs or data. The foregoing to the chages set forth herein, which the Institute has the legal obliga- states theentire liability of the h0tute with respect to infringement of tion to collect ari&ue pay, exclusive of personal properly taxes assess- any copyrights, trade secrets, ur patents by the licensed IPP's or any ed on the licensed IPP's and taxes based on net income, parts thereof. 1 e ~r 9. Responsibilities of the Paphos. From time to time during the ex- 13. Limitation of Liability. THE FOREGOING WARRANTY IS IN LIEU istence of the Agreement, the institute will furnish updated copies of OF ALL OTHER WARRANI IES, EXPRESS OR IMPLIED, INCLUDING licensed (PP's to the Customer. BUT NOT LIMIT ED TO THL IMPLIED WARRANTIES OF MERCHAN- The Institute will .-ssimilate suggestions for modincations of its TABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Been>ed IPP's made by its user,, and will establish priorities for the in. The Customer agrees that the Institute's liability hereunder for elusion of these modifications. damages. e-;cluding liability for copyright, trade secret, or patent ii The Institute will collect and distribute tothe Cuoomeruser written fringernii regardless of the form of action, shalt not exceed the procedures in the framework ofthe SAS Supplemental Library. The In. most recent yearly charges paid by the Customer for the particular stitute makes no warranty, nor assumes any liability for such pro- licensed IPP involved, cedures, which are distributed on an "AS IS" basis. The Customer lurther agrees that the Institute will not be liable for The Customer shall be exclusively responsible for the supervision, any lost profits, or for any claim or demand against the Customer by management, and control of its use of the licensed IPP's including but any other party, except a claim for patens, trade secret, or copyright not limited to: 111 assuring proper machine configuration and IPP in- infringement as provided heri stallation, (2) establishing adequate backup plans, and (3) implemen• No action, regardless of font, arising out of the transactions under ting sufficient procedures to satisfy its requirements for security and this Agreement, may be brought by either party more than one (1) accuracy of input and output as well as seslart and recovery in the vear after the cause of action has accrued, except that an action for event of a malfunction, nonpayment may be brought vrithin one (1) year after the date of last payn;~n~. 10. Older and Delivery. Orders for addtrlonal IPP licenses should be IN NO EVENT WILL THE INSTIFUTE BE LIABLE FOR CONSE. QUENTIAL made in writing through supplements (specimen attached) to this OF THE P DAMAGES EVEN IF THE INSTITUTE HAS BEEN ADVISED Agreement, or through purchaseorders referencing this agreement as OF THE POSSIBILITY Of SUCH DAMAGES, the only binding Agreement. The Institute's acceptance of such pun 14. General, The term "this Agreement" as used herein includes any chase orders isexpressly conditioned on Customer's assenttothe pro- future written amendments, modifications, or supplements made in visions of this agreement, "License beginning date" should be accordance herewith. The terms of this Agri nent will take specified at least 30 days after the order date to allow time for precedence over the terms of any present or ruturo order from the delivery, installation, and check-out prior to "license beginning Customer for any licenses hereunder. TheCus!omeragrees that itsac• date". When avallal,lrr, licensed IPP s will be shipped to customers ceptance of future delivery of any licensed IPR from the institute is within 10 days after confirmation of order. However, the Institute conclusive evidence of its agreement that th- iicense for such PIP is does not represent or warrant that such shipment dates will be met. governtd by the terms of this Agreement. Licensed PI Ps are distributed on 9-track 1600 BPI tapes unless The terms of this Agreement may be modified by the Institute upon otherwise stecifed by the Customer. Complete installation instruc• six months' written notice to the Customer, except for the terms and tions are provided with each IPP. If any licensed IPP is lost or damag• conditions which puce specifically to: (1) discontinuance of this ed during sh prrient, the Institute will replace the IPP at noadditional Agreement or licenses granted under this Agreement as provided in charge to Csutomer, the section of this Agreement entitled "Term," and (2) charges for licenses granted under this Agreement as provided in the section of 11. Discontinuance. Within one 111 month after the date of discontl- this Agreement entitled "Charges." nuance ci any IPP license under this Agreement, the Customer will If any of the provisions, or portions thereof, of tnis Agreement are certify in writing that through its best effort, and to the best of its Invalid under any applicable statute or rule of taw, they are deemed knowledge, the original and all copies, in whole or in part, in any to that extent to be omitted. form, including partial copies and modifications, of the licensed IPP THE CUSTOMER'S REMEDIES IN THIS AGREEMENT ARE EX. received from the Institute or made in connection with such license CLUSIVE, have been destroyed, except that, upon prior written authorization THE CUSTOMER ACKNOWLEDGES THAT HE HAS READ THIS from the Institute, the Customer may retain a copy for archive put. AGREEf 4ENT, UNDERSTANDS IT, AND AGREES TO BE BOUND By poses ITS TERMS, AND FURTHER, AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRIT- 12, Warranty, The Institute warrants that each licensed IPP will con. TEN, AND ALL OTHER COMMUNICATIONS BETWEEN HE PAR- form to its published specifications, if any, when it is shipped to the TIES RELATING TO THE SUBJECT MATTER OF THIS AGREE MENT, Customer, Sample data will be shipped with each licensed IPP to This Agreement will be governed by the laws of the St: - of North assure that the Customer has received a valid copy. Carolina. IN THE EVENT OF ANY CONFLICT 15, Special Conditions. It is under- BETWEEtNI(HETER MSAti?' (ONIMIONS stood and agreed that the first 01" Ti IE Lii', NT AND THE year fee of $5,000 is to be paid TER-M!> F'. VD C i ANY y TRES, Inc. SUSSEQUcNT THE TE11%1S AND CONDITICi` 1 ME LICENSE AGREEMENT SHALL CONTROL For the Institute: For the Customer: Name J. Plchael Carp Name CITY OF bEY~rICI~I TEXAS cat pa Signature Signature gyp Title Corporate Vice_Pres10ent title CITY MANAGER Date Dale - APPROVED AS TO FORM: , ' m'I'i •SAS Institute Inc. Reference Agreement NuMber: Supplement Number to institute Program Products License Agreement J Customer name and address: City of Denton, Texas 215 East McKinney Street _ Denton, Texas 76201 The following Licenses for Institute Program Products are hereby made subject to referenced Institute Program Products License Agreement. Institutt OS Institute or Designated CPU CPU location license Yearly First Year Program or Customer Type/Serial Beginning Renewal Fee Product CMSI Support? Date Date SAS DOB Institute IBM 15R-3/417L City of Denton, Texas 1Dec81 1Dec $50000. The Customer acknowledges that he has read the institute Program Products License Agreement together with this Supple- ment and agrees t,) t,e bound by their terms and cond,tions. Further, the Gistomer agrees that the Agreement and this Supplement are the complete and exclusive statement of the Agreement between the parties, which supersedes all proposals or prior agreements oral or written and all other communication between the parties rehling to the subject matter of the Agreement and this Supplement. for the Institute For the Customer Name J. Michael Camp Name Signature Signature BY: I IT Title Corporate Vice-President Title CITY DtANA)MR - Date Date - - Have you also sigred the License'Agreementt , !'61 1r 1 ' ~ ` V111 f~L..~ V ' l\ ^i Vr I -OV [FC , , Tu.Aa iTAMDA1,L FveM i!~ .!._lu_~4~~ Z.i: •r. 4...• 1r ~1..,i~1 rvV IL~~rvl!`S •:.w ;A LM rx-'alif TKttatu All Mot bu ((54rse Vreoentn: t~ ~i (9ourtg of DENTON f ~I ji That THE CITY O;' DENTON, TEXAS ! ~ ft of the County of Denton and State of Texas , for and in consideration of the sum of TEN AND N0100 ($10.00) 4 DOLLARS h to it in hand paid by JOHN R. FIELDS and BIRDA L. CHAVERS of the County of Denton and State of Texas , the receipt of which P is hereby acknowledged, do es , by these presents BARGAIN, SELL, RELEASE, AND FOREVER A I QUIT CLAIM unto the said JOHN R. FIELDS and BIRDA L. CHAVERS, their heirs and assigns, all its right, title and interest in and to that certain tract or h parcel of land lying in the County of Denton , State of Texas, described as follows, to-wit: Being a portion of Lot 14, Block D, WILLOWWOOD WEST, an Addition to the City of Denton, Denton County, Texas, according to the Replat recorded in Cabinet B, Page 13, Plat Records of Denton County, Texas, and Being the North six (6) feet of the West four (4) feet of a certain sixteen (16) foot by thirty (30) foot easement located in the Southeast corner of said Lot 14, Block D, as shown on the plat thereof; It is the intent of the grantor herein to abandon the above descr:.bed portion of the said easement as the same is shown on the recorded plat of the Addition. b, The mailing address of the Grantees herein is 1806 Highland Park Road, Denton, Texas, 76201 a J, tl I 1 TO HAVE AND TO HOLD the said premises, together with all and angular the tight, privileges f and appurtenances thereto in any manner belonging unto the said JOHN R. FIELDS and BIRDIE L. CHAVERS, their heirs and assigns forever, so that neither Grantor the said City of Denton, Texas, nor its successors, norj R►g1K x1xj{%xmany person or persons claiming under it shall, at any time F! h:reafter, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or any ll part thtreof. WITNESS the exra~tton h;eof this '-`a~ Denton, Texas 44-- day of , A. D. 19 82. Witness at request of Grantor: CITY OF D NTON, XAS I ARD 0 STEh RTF MA RY-x.. . 4PUIT'. SECRE;TA 7-1.1- t~"I.MCw ,\e :S c . SINGLE ACKNOWI.LDGWIENT THE STATE OF TEXAS, COUNTY OF 13F.FORE ME. the undersigned, a Notary Public in and for said County and State, on this day personally appeared kner n to the to be the persen whose name subscribed to the foregoing instrument, and scknea4tdaed to m" that he executed the same for t'!e purposes and Consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A. D. 19 (L. S.) Notary Public in and for County. Texas SINGLE ACKNOWLEDGhIENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, 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 the day of A. D. 19 (L. S.) . _ _ Notary Public in and for County. Texas CORPORATION ACK.NOIXLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Richard 0. Stewart, Mayor , 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 Cityr of Denton, Texas, a municipal corporation : corpora ion, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity thereN stated. GIVEN UNDER MY HA(N~ ND SEAL OF OFFICE, this of 19 82 . 0.'44. 1EM:`TE SCOTT L 1617 Public. state of Toes ! Notary Pu ' fn and for Denton County, Texas THE STATE OF TEXAS, COUNTY OF I HEREBY CERTIFY that the foregoing instrument of writing with its Certificate of anthentfeation, was filed fcr record in my office on the day of A. D. 19 at O'clock M., and was duly recorded by me on the day of A. D. 19 In VOL , page of the Records of said County. WITNESS MY HAND and the Sul of the County Court of said County, at my office in the day and year fast above written (L S.) County Clerk County, Texas Hy , Deputy, U R q q a a q 8 #4CI 93 W 0 8 0 g N CV f F 1W 114 1 W Hx H U ' ig fse a' f7QHH w a ! f I wa, aao :s4 19, E4. i i to ti W F a s i ~ ~ ~ * ~ I , • i • '1 ~ ~ ~ r i • ~ ~ 1. (,n ~ ~ -L ~ \ j • T "64 is PO. BOX 2226 • UNIVERSITY at HINKLE DENTON, TEXAS 76201 (817>382-6701 THOMAS E, HARRIS Senior Voce President Irrevocable Commercial Letter of Credit No. 82-19 Dated: November 18, 1982 To: City of Denton Denton, Texas 76201 We hereby authorize you to draw on USSank, P. 0. Sox 2226, Denton, Texas, drafts at sight for any principal sun or sums not exceeding in the aggregate a total of Seventy Thousand ($70,000.00) Dollars for the account of Russell Trapp and Dale Irwin. Drafts must be accompanied by the following: A certified statement signed by the proper authorities from the. City, certifying that the streets and other related work was not complete. A copy of the invoice for the actual cost to complete the streets. This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1974 Revision, The Internation l Chamber of Commerce Publication No. 290." Unless extended in writing this letter will expire on January 18, 1983. Yours truly, Thomas E. Harris Sr. Vice President TEH:nc w '1 EE STAIrE OF TEXAS ) } ESCROW aHEMENT COUj TY OF DENTU } THIS ESCROW AGREEMENT is made and entered into this the 17th day of November, 1982, by and between the City of Denton, a Municipal Corporation of the State of Texas ("City") and Russel Trapp and Dale lrwin of Denton County, State of Texas ("Developer"); WITNESSETH WHEREAS, Article 13.(Mb)(2) of the Denton Code of Ordinances, as amended, permits a subdivider in lieu of the actual completion of all street, curb and gutter and drainage improvements for a proposed subdivision within the City of Denton, to make an escrow deposit in the total estimated amount for such improvements prior to the issuance of building permits within the subdivision, said escrow arrangement to provide that the City of Denton shall be entitled to the proceeds upon failure of the contractor to complete the necessary improvements; and WHEREAS, the Developer has elected to comply with the above mentioned ordinance in developing the Fall Meadow North Addition, Blocks 1 $ 2, located at the northwest corner of Fall Meadow and Gardenview Circle in the City of Denton, Texas; now, therefore, The parties hereto agree as follows: 1. The developer shall deposit a total sum of $69,758.50 in an escrow account with U.S. Bank of Denton to be held and used for the actual installation and completion of all street and drainage improvements in the Fall Meadow North Subdivisiou, said escrow arrangement to provide that the City of Denton shall be entitled to the proceeds including any interest, upon failure of the Developer to complete the said improvements. 2. The Developer shall not withdraw the escrow funds or any portion thereof, except for the payment of said improvements. 3.• The parties hereto agree that any interest which may accrue-,on the escrow account may b'e' retained by the 'd~ #Veloper provided that all said improvements are completed, approved and accepted by the City. 4. The said escrow arrangement shall provide for the holding of said proceeds until all said improvements are installed on Gardenview Circle and approval and acceptance of said improvements is given by the City. 5. The Develooer agrees to pay any and all escrow fees charged by U.S. Bank for the said escrow account. 6. The parties hereto agree to execute an escrow receipt, and instructions thereunder, directed to the U.S. Bank of Denton, as escrow agent, to hold the funds in accordance with this agreement. 7. It is understood and agreed that time is of the essence of this agreement, and in the event that the Developer shall fail to complete the laid improvements within a reasonable length of time, the City shall given written notice to the Develope. and U.S. Bank that the City intends to invoke the forfeiture provision of this agreement and the escrow agreement. 8. In the event that Developer fails to complete the said improvements and it beco:ues neces::ary for the City to employ the services of an attorney to enforce this agreement, with or without litigation, the Developer agrees to pay the City a reasonable attorneys fee and, in addition, such reasonable costs and expenses as are incurred in enforcing this agreement. 9. It is expressly understood and agreed that this agreement shall not be assigned by the Developer without the prior writtei, consent of the City, but that said consent shall not be r.,asonably withheld. • I I • . . . 10. This agreement shall 'be binding upon the he i+s, executors, administrators, and assigns of, the parties 1,er,eto. IN WITNESS ItiHEREOF$ the parties to this agreement have hereto set their hands, executed as to the original and two copies, on the date first above written. CITY TEXAS BY: ATTEST: iCt~`I ~IE5'1'LING, DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS - RUSSELLTRAFP It BALE IRWIN THE. STATE OF TEXAS ) COUNTY OF DENTON ) BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared Russel Trapp known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressssed. GIVEN UND R MY HAND AND SEAL OF OFFICE, This the lu day ,(fj 1982. of • S C i si a xpires: 7/~Gyly ti~~s h{{ Of OEN1ZN'~~~ • ~ 1 • + ~ ~ 1 ~ r ~ . d ~ ~ ' t ~ ~ ~ ~ r) ~ ~ , ~~JJ I} ~ V1 ' l t I V ref ~ ~ 't ~.Ad.~yl r In ~ P• 1 y~ ! r~ 1 Y f 't4 1 1 Y J y t 14>!'~ j -t NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: All that certain tract or parcel of land lying and beinq situated in the County of Denton, State of Texas, and being part of the G. Walker Survey, Abstract No. 1330 and being more particularly described as follows: i BEGINNING at the most northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lvinq in Mayhill Road and in the west boundary line of the G. Walker Survey, Abstract No. 1330, said point also heinq the southwest corner of a tract of land conveyed to Andrew Corporation by deed dated September 8, 1978 and recorded in Volume 912, Page 804 of the Deed Records of Denton County, Texas; THENCE north 4013'44" east along the west boundary line of said survey and in Mayhill Road a distance of 719.12 feet to a point, said point being the northwest corner of a tract conveyed b to Andrew Corportion by deed recorded in Volume 912, Page 821, same being the southwest corner of a tract conveyed to Allan a, sk Mobile Homes, Inc. by deed recorded in Volume 1161, Page 570 of the Deed Records of Denton County, Texas; THENCE north 2025130" east along the west boundary line of said survey and in Mayhill Road, same being the west boundary line of said Allan Tract, a distance of 1140.8 feet to a point for a corner, said point being the northwest corner of said Allan Tract and the intersection of Mayhill Road with the centerline of a County Road to the east; r THENCE south 88029' east along the north boundary line of said tract, said being the centerline of County Road, a distance of 1.489.1 feet to a point for a corner, said point beinq the ;.j northeast corner of said tract; 1 THENCE south 2006' west along the east boundary line of said tract, same being the center of a County Road, a distance of 1154.4 feet to a point for a corner, said point being the southeast corner of said tract; THENCE north 87057130" west along t'.e south boundary line of said tract a distance of 28.94 feet to a point for a corner in j~ said County Road same being the northeast corner of said Andrew Tract; THENCE south 4034'57" west along the east boundary line of ~rl said Andrew Tract a distance of 735.64 feet to a point for a corner, said point lying in the present city limits as established by Ordinance No. 78-38; THENCE north 87048156" west along the present city limits a r~ ?~;r distance of 1026.01 feet to a pointy .r:THENCE north 86009' west along the present city limits a distance of 435.6 feet to the place of beginning a-id containing 63.89 acres of land, more or less. NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE ONE w. r r. ...r,. n+~ 7., , ~+~,`r y 5:? I•tns It T'r 'L'-+ 4, a 4 ( a5 1~s{*t,~4 ,.d r 1 Y k V I r IR yp. dr~F, ,3j. tt y t r 6 :^.1 }~~,.~(f~'L ~•!34°~1 J'~IA~~~4 fc',)YAri ,~~1`'i v~~t~.'C .I~r~k I~r ~ .•i i,r .:~.t WP eS 7t'.~'. 7^*`7 ' Y 1. x ~ . u t .._..._.----'y-- ,~C~oncil A Public Hearing will be held by and ~efore the City of the city of Denton, Texas, on the -day of 22~s_, 1982, at _ o'clock on the east side of Mavhill Road approximately 250 feet south of the intersection of Mayhill Road and Page Road, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice.'. i *ICAR40j /SS-TTEWWARR MAYOR D, TEXAS ATTEST: 0 / CHARLOTTE ALLEN, CITY SECRE ARY t , k G, i r ' I r'n^ ~s-r 3 NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE TWO r • ~ s~- s 1 i ~ z'f~ ~ ~ I ~ ~ I ~ . 1 , fi_ ~ ^ R ~Ytt [ t J ^k { .7 k i pay dr'> +~yt r~. ly f i ~ N ^ i ` b t r 1 I r t l ~,^-^.T"~`} ry p t °}'Cp lily ^ ^ f 5 1 rl dC F'M, 5 1F C3i,: % Vy";~ t ^ ' sr J 1MJ " ry1 4^ ` w F l.S ~~yJ~ it. d A t r. n r / : i b t \ a y, J, u l .f a,r •y~ ~d y `r - 1 , , dl + r * d < T 1 .t ' ~r•• ^I +,~r, ~ ~ 1y~^ ^ , a' i i yy y 1 C ^ ^ ~ ^ t'^ ~ 'r^ "d tFl frSi Z ~T;♦ ~,teCr,~~ ~i i~ So-r. 4..a r ~l:t I J NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation add proceedings to alter the boundary limit co po ate Climits of the following described territory to he r City of Denton, to-wit: I All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being more particularrlywdescribedrasllfollowsract No. 1330 and being BEGINNING at the most northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lvinq in Mayhill Road and in the west said bounda y li heiof the southwest so n Survey, Abstract No. 1330, corner of a tract of land convey,d to Andrew Corporation by die dated September 8, 1978 and recorded in Volume 91.2, Page 804 of the Deed Records of Denton County, Texas; line of THENCE north 4013144" east along the west boundary hill Road a distance of 71.0.12 feet. to a said survey and in May point, said point being the northwest corner of a tract conveyed f to Andrew Corportion by deed recorded in Volume 912 Page 821, Inc. bywdeedcrecorded f in a tract Volume 1161 conveyed Page°5701of same being the Mobile Homes, Texas: the Deed Records of Denton County, THENCE north 2025 30„ east along the west boundary line of the west boundary said survey and in Mayhill Road, same being line of said Allan Tract, a distance of 1140.8 feet to a point for a corner, said point bring the northwest corner of said Allan Tract and the intersection of Mayhill Road with the centerline of a County Road to the east; THENCE south 880291 east alonq the ^,0rth boundary line of said tract, said being the centerline of County Road, a distance of 1489.1 feet to a point for a corner, said point being the northeast corner of said tract; THENCE south 2006' west along the east boundary line of said tract, same being the center of a Count} Road, a distance of 1154.4 feet to a point for a corner, said point beinq the southeast corner of said tract; line of e THENCE north 87057'30" west; along ft the a south for aaycorner in said tract a distance 28•9t'ne northeast corner of said Andrew said County Road same being Tract; " THENCE south 4034157" west along the east boundary line of or a said Andrew Tract a distance inf the'6present icily limits as corner, said Point lying „ established by Ordinance No. 78'38; " west along the present city THENCE north 87048156 limits a ~t- distance of 1026.01 feet to a point; THENCE north 86009' west along the present city limits a ' distance of 435.6 feet to the place of beginning and containing 63.89 acres of land, more or less. NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE ONE ...~__......-.-..-~~!."r•'<r~ n ^ .?f~y ~ V r y i Y¢Y k ~ ~ ~ ~ '{'."1 - :2x A ba dy dl~ . y. j ,~4S~,i`44'f q''Y' ~'`'~,1 '.e$9._.oylk+ss°ne►s-~cx,:.i~~ - ~ Y l Fire the City Cc nci A Public Hearing will be held h and t~e_ I ~k' Mayhill Road of the City of Denton, Texksronnthee &0east 1"_ side of 3 1982, pproximately at approximately 250 feet south of the intersection of Mayhill Road a and Page Road, for all persons interested in the above proposed annexation. At said r time be heard. alofsuallpsaidnsmatters hand the right to app things, all persons interested in the things and matters herein mentioned, will take notice. AIC ARP 0. STEWAR , DlAYOR OF D£ TON, TEXAS jrv 4 ATTEST: CHOTTE ALLEN, CITY SF.CRE ARY e .L 3 R :j 0 t t" Y , t.. _ "tt~99 r~ t 4:I NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE TWo a U-901 M`f 1 1 1 ~ 1 y a. , • • 1 rp )Sl. . T S ♦~iq~w~.s~F](~';1'. NOTICE OF PUBLIC FEARING ON CONTEMPLATED ANNEXATION "Y NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the T. Martin Survey, Abstract No, 900 and the B.B.B. & C.R.R. i Company Survey, Abstract No. 196 and being more particularly described as follows: r BEGINNING at a point in the present city limits, said point lying in the west right of way line of F.M. 1830, said point also being the northeast corner of the land as described in Annexation Ordinance No. 81-79; THENCE south 89013' west along the present city limits a distance of 1779.6 feet to a point for a corner, same being the intersection of the land as described in Annexation Ordinance No. 60-40 with the land as described in Annexation Ordinance No. 81-79: THENCE northeasterly along the present city limits, an approxi- mate distance of 1989.23 feet to a point foz a corner; THENCE east along the present city limits an approximate distance of 2404.22 feet to a point for a corner, same being the northwest corner of the land as described in Annexation Ordinance No. 74-6; THENCE south 0007140" west along the present city limits a distance of 1231 feet to a point same being the southwest corner of the land as described in Annexation Ordinance No. 74-6 and the northwest corner of the land as described in Annexation Ordinance No. 79-61; THENCE south 0007143" west along the present city limits an approximate distance of 350 feet to a point for a corner, same being the northeast corner of the land as described in Annexation Ordinance No. 80-12; THENCE south 89034146" west along the present city limits a di3:ance of 2616,76 feet to a point for a corner, said point lying in the east right of way line of F.M. 18301 THENCE south 1019' east along the present city limits and the east right of way line of F.M. 1830, a distance of 40.91 feet; THENCE south 89046135" west a distance of 40 feet to a point for a corner, said point lying in the centerline of F.M. 183R; THENCE south 0054140" east along the centerline of F.M. 1830 an approxiate distance of 355 feet to a point for a corner, same being the easterly northeast corner of the land as described in Annexation Ordinance No. 81-791 THENCE north 89053' west along the present city limits a distance of 40 feet to a point for a corner; THENCE north 0034140" west along the present city limits a distance of 576.42 f.aet to the place of beginning and containing 111.72 acres of land, more or less. NOTICE/COUNTRY Ct•US ROAD/F.M. 1830-!'AGE ONE .........s~ A Public Hearing will be held by and jefore the City Council day of J-100 8 of the City pf~,Denton, Texas, on the , 19821 at _Y o'clock along the west side o F.M. 1 U (Country Club Road) adjacent to a wooden fence located approxi- mately 1350 feet south of the intersection of Hobson Lane and F.M. 1830, for all persons interested in the above proposed a annexation. At said time and place all such persons shall have ~ the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. IC ARD 0 STEW T, MAY ' CIT OF D.TON, TEXAS f N1J ATTEST: ~ s: CHARLOTTE ALLEN, CITY SECRETARY NOTICE/COUNTRY CLUB ROAD/F.M. 1830-PAGE TWO Y. ~~x ~.v ~.s - ~ ~ '~7 o=~ , ~ry 7~ r'.- G r . ~ r~.. P - pia. ~ _ 'z4 s NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERE•'17D PERSONS THAT: Y, j The City of Denton, Texas, proposes to institute annexation °i proceedings to alter the boundary limits of said City to add the C following described territory to the corporate limits of the City of Denton, to-wit: All that certain lot, tract or parcel of land lying and being A situated in the County of Denton, State of Texas, and being part 1 of the T. b:artin Survey, Abstract No. 900 and the B.S.B. & C.R.R. { Y. Company Survey, Abstract No. 196 and being more particularly V. described as follows: BEGINNING at a point in the present city limits, said point lying , in the west right of way line of F.M. 1830, said point also being i" the northeast corner of the land as described in Annexation ' Ordinance No. 81-79; H. } THENCE south 89013' west along the present city limits a distance of 1079.6 feet to a point for a corner, same being the intersection of the land as described in Annexation Ordinance No. 60-40 with the land as described in Annexation Ordinance No. 81-79: THENCE northeasterly along the present city limits, an approximate distance of 1989.23 feet to a point for a corner; } THENCE east along the present city limits an approximate distance of 2404.22 feet to a point for a corner, same being the northwest corner of the land as descr'bed in Annexation Ordinance No. 74-6; THENCE south 0007140" west along the present city limits a distance of 1231 feet to a point same being the southwest corner of the land as described in Annexation Ordinance No. 74-6 and the northwest corner of the land as described in Annexation Ordinance No. 79-61; THENCE south 0007143" west along the present city limits an approximate distance of 350 feet to a point for a corner, same being the northeast corner of the land as described in Annexation Ordinance No. 80-12; THENCE south 89034'46" west along the present city limits a distance of 2616.76 feet to a point for a corner, said point lying in the east right of way line of F.M. 1830; THENCE south 1019' east along the present city limits and the east right of way line of F.M. 18300 a distance of 40.91 feet; THENCE south 89046135" west a distance of 40 feet to a point for a corner, said point lying in the centerline of F.M.#1830; THENCE south 0054140" east along the centerline of F.M. 1830 an approxiate distance of 355 feet to a point for a corner, same being the easterly northeant corner of the land as described in Annexation Ordinance No. 81-79; THENCE north 89053' west along the present city limits a distance of 40 feet to a point for a corner; THENCE north 0•)54140" west along the present city limits a distance of 576.42 feet to the place of beginning and containing 111.72 acres of land, more or less. NOTICE/COUNTRY CLUB ROAD/'?.M. 1430-PAGE, ONE r~ i $ 1 O 1 1 1 e i 1 1 ri Y~M1'; before the City Council A Public Hearing will be held by and `day of of the City of Denton, Texas, on 'ie Lc" 1982, at o'clock P. M. in the City Council Chamber of t' Municipal Building of the City of Denton, Texas, for all parsons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear 5 , and be heard. of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. S pub I HARD STE RT, MAY R CI Y OF ENTON, TEXAS«}^ ~9 S F` ATTEST: { CHAR TTE ALLEN, CITY SECRETARY 4 NO'T'ICE/COUNTPY CLUB ROAD/h,M. 1830-PAGE TWO . .T 's"T' r.•~+~wrt, R t!~': ~^"M !'".^.l! ~1 'ti' •k 0i 1 C S s a y NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: 'i All that certain tract or parcel of land lying and beinq situated in the County of Denton, State of Texas, and being part of the G. Walker Survey, Abstract No. 1330 and being more h. particularly described as follows:' BEGINNING at the moat northerly northwest corner of present city limits as established by Ordinance No. 78-38, said point lying r- in Mayhill Road and in the west boundary line of the G. Walker f Survey, Abstract No. 1330, said point also being the southwest 'A corner of a Tract of land conveyed to Andrew Corporation by deed dated September 8, 1978 and recorded in Volume 912, Page 804 of the Deed Records of Denton County, Texas; THENCE north 4013144" east along the west boundary links of said survey and in Mayhill Road a distance of 719.12 feet to a " point, said point being the northwest corner of a tract conveyed to Andrew Corportion by deed recorded in Volume 912, Page 821, same being the southwest corner of a tract conveyed to Allan Mobile Homes, Inc. by deed irecorded in Volume 1161, Pare 570 of the reed Records of Denton County, Texas; THENCE north 2025130" east along the west boundary line of said survey and in Mayhill. Road, same being the west boundary line of said Allan Tract, a distance of 1140.8 feet to a point for a corner, said point being the northwest corner of said Allan Tract and the intersection of Mayhill Road with the centerline of a County Read to the east; THENCE south 88029' east along the north boundary line of said tract, said being the centerline of County Road, a distance of 1489.1 feet to a point for a corner, said point being the northeast corner of said tract; „1s THENCE south 2o06' west along the east boundary line of said tract, same being the center of a County Road, a distance of 1154.4 feet to a point for a corner, said point beinq the southeast corner of said tract; THENCE north 87057130" west along the south boundary line of said tract a distance of 28.94 feet to a point for a corner in said County Road same being the northeast corner of said Andrew Tract; THENCE south 4031157" west along the east boundary line of said Andrew Tract a distance of 735.64 feet to a point for a corner, said point lying in the present city limits as established by Ordinance No. 78-38; THENCE north 87048156" west along the present city limits a distance of 1026.01 feet to a point: THENCE north 86009' west along the present city limits a distance of 435.6 feet to the place of beginning and containing 63.89 acres of land, more or less. NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORATION-PAGE ONE + tti k ri~a y[y~~, UNA' i 'S 'p t' ^.n',~ 'n vyr nt 4 1'1~ @~s EOY YiB l~ . f~r# @+k~ !n' `1 4 U^19 L: ?~!@Sj\4. ~ T~1; . lnNi~; k'~5i4 q ~it1}~~ F~ )a~ { ~,r r r A Public Hearing will bt9 held by and before the city Council of the City of Denton, Texa,a, on the 477"k day of 1982, at 7:00 _ o'clnck P. M. in the City Council Chamber of the Municipal Building of the City of Denton, Texas, for all persons interested is the above proposed annexation. At sail time and place all such persons shall have the right to appear ~ and be heard. Of all said matters and things, al'. persons interested in the things and matters herein mentioned, will take a notir.e. c AZ4 3 IC ARD 0. STEWA I r 'dAYO CIT OF D TON, TF} A-1; ~ ATTEST: l 2- CHARLOTT ALLEN, CITY SECRETARY a c' ?I NOTICE/ALLEN MOBILE HOMES, INC./ANDREW CORPORA4-ION-PAGE TWO A~ F'~'~'~•'7;.Pi!t ~i''i 9 k-~~~'1'~ia'+s~' `%N,~M ~~tJ •r I fv r• v , `~V Lt P a tt a f t e Z F 1 Y t s1 'r ~Ty y ♦ 45 ~S1t ,c! ~.~`t t'ta~~~y Y~r ~ ~ ? 1 h ~ r 1~ ,A tai. Y t t ~ ~ ~ a ~~Y 3 ~a.'~r ~~~y 6 i y 7 c 1.,.~ 5 . . Ik h R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a { certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the ~ r iY opinion that the best interest and welfare of the public, will be served by the purchase of the parcel of real estate described telow; and i` r~. 4, WHEREAS, the City of Denton and Betty Ruth Davis Jackson and Joyce Davis Bishop, owners of said parcel, agree that a consideration of Forty-Three Thousand Five Hundred Eighty One Dollars and Seventy-Eight Cents ($43,581.78) is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Attorney is hereby authorized to prepare the necessary legal documents to complete the transfer of property so described below from the owners thereof to the City of Denton: Tract Is All that certain 0.306 acre tract, or parcel of land situated in the B.B.B. 6 C.R.R. Co. Survey, Abstract No. 186, City and County of Denton, Texas; said tract being part of Davis Triangle Addition as shown by Plat recorded in Volume 41 page 24 of the Plat Records of Denton County, Texas; said tract being further described hotein by metes and bounds as follows: Beginning, for the most Western corner of the tract being described herein, at an iron pin set in the South line of said Davis Triangle Addition and North line of Old Sanger Road, said point lying South 88 degrees 23 minues 48 seconds West 131.51 feet from the Southwest corner of said Davis Triangle Addition; Thence Northeasterly 282.67 feet with arc of curve to left whose radius is 510.83 feet, chord bearing North 61 degrees 03 minutes 19 seconds East 279.07 feet to an iron pin set in the Northeastern line of said Davis Triangle Addition; Thence South 57 degrees 58 minutes 05 seconds East 61.44 feet to an iron pin set at a point in curve of the proposed Southeasterly right-of-way 1lne of Windsor Drive; Thence Southwesterly 176.93 feet with arc of ourve to right whose radius is 570.83 feet, :hord bearing South 52 degrees 40 minutes 38 seconds West 176.2a feet to an iron pin set in the south line of Davis Triangle Addition; Thence North 88 degrees 23 minutes 48 seconds West 156.23 feet to the place of beginning. PAGE ONE It Z- 11 111 41114 a, 14111. ,a . ~r ..,....-..ter......,... J yyi i Tract 11: 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 B.B.B. & C.R.R. Co, survey, Abst. No. 186, and being an addition to the City/County of Denton, ar,: also being part of a tract of land as conveyed from Ophelia May r Tilson Davis to Betty Ruth Davis Jackson and Joyce Davis Brenholtz by deed recorded in Volume 711, Page 382 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at a point in the Northeast boundary line of said tract, said point being the intersection of the Southwest right-of-way line of U.S. Highway 77 with the Southeast right-of-way line of the proposed Windsor Drive; Thence South 570 58' 05" East along the Northeast boundary ! line of said tract, same being the Southwest right-of-way line of U.S. Highway 77 a distance 218.62 feet to a point for a corner, same the intersection of the Southwest right-of-way line of U.S. Highway 77 with the North right-of.-way line Sanger Road; Thence North 880 23' 48" West along the South boundary line of r said tract, same being the North right-of-way line of Sanger Road, a distance of 325.6 feet to a point for a corner; same b-aing the beginning of a nontangen' curve to the left whose ' radius is 570.83 feet, a central angle of 170 45' 32" and a chord of North 520 40' 38" East 176.22 feet; Thence Northeasterly along said curve an arc distance of 176.93 feet to the place of beginning and containing 0.395 acres. SECTION Il. y. ` The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas a quitclaim deed conveying the he~~einafter described property to Betty Ruth Davis Jackson and Joyce Davis Z Bishop, to-wit: All that cert?in 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 B.B.B. & C.R.R. Co. survey, Abst. No. 186, and also being part of a tract of land as conveyed by Davis Triangle Addition to the City of Denton by plat, recorded in Volume 4, Page 24 crf the Plat Records of Denton County, Texas, and more particularly described as follows: Beginninq at the Southwest corner of the Davis Triangle Addition, said point lying in the East boundary line of a tract conveyed to Agnes L, Dean by deed recorded in Volume 734, page 716 of the deed records of Denton County, Texas, said point also being the Northwest corner of a tract dedicated to the City of Denton for Sanger Road right-of-way by Davis Triangle Addition plat; Thence South 880 23' 48" East along the South boundary 1:rc of said Davis Triangle same being the North right-of-way line of Sanger: Road a distance of 131.51 feet to a point for a corner; Thence Southwesterly along a curve a distance of 132.78 feet whoen radius is 510.83 feet and chord of South 840 37' 20" West 132.35 feet; Thence North 10 480 05" East a distance of 16,11 feet to the place of beginning and containing 0.034 acres of land more or less. PAGE TWO F11 111hillir, p.xw OFFICIAL STATEMENT OF THE TE, AS MUNICIPAL, POWER AGENCY Relating to its I $78,3001000 REVENUE BONDS, SERIES 1982A INTRODUCTION The purpose of this Official Statement, which includes the cover page, summary, appendices and exhibits hereto, is to set forth information concerning the Texas Municipal Power Agency (the "Agency"), the Cities of Bryan, Denton, Garland and Greenville, Texas (the "Cities"), and the -$.gency's $78,300,000 Revenue Bonds, Series 1992A (the "Series I9S2A Bonds"). The Series 1982A Bonds are being issued pursuant to Article 1435a, Vernon's Texas Civil Statutes, as amended (the "Act"), and the bond resolution (the "Resolution") of the Agency adopted on November Z3,1982. The Series 1982A Bonds are on a parity with the Agency's outstanding $50,000,000 Revenue Bonds, Series 1978, $250,000,000 Revenue Bonds, Series 1978, $300,000,000 Revenue Bonds, Series 1979, $250,000,000 Revenue Bonds, Series 1980, and $300,000,000 Revenue Bonds, Series 1982 (collectively, the "Outstanding Bonds"). The Outstanding Bonds, the Series 1982A Bonds and any additional parity bonds issued under the conditions set forth in the Resolution are hereinafter referred to as the "Bonds." Background Each of the Cities presently owns and operates a municipal electric power generation, transmisslon and distribution system. The municipal systems of the Cities of Bryan, Denton and Greenville provide the primary source of electric energy supply for substantially all of the electric t;ustomers residing within their respective corporate limits. The City of Garland serves approximately 8340 of the electric customers within its corporate limits, with Texas Power 8r Light Company serving the remainder under franchise. The City of Bryan, in addition to its municipal system, owns and operates a distinct and separate rural transmission and distribution system which purchases electric energy from Bryan's municipal system. (See "Cities' Electric Systems"). In 1983, the Cities of Bryan, Garland and Greenville, along with Brazos Electric Power Coopera• tive, Inc. ("Brazos"), entered into art "Interchange Agreement," forming the "Texas Municipal Power Pool," which the City of Denton Joined in 1989. The participants continue to coordinate the use of generation and transmission facilities owned and operated by the participants, interchange reserve capacity and provide spinning reserves. In July, 1975, the Cities created the Agency in accordance with the provisions of the Act and. In September, 1978, the Agency entered into an identical Power Sales Ccntract (collectively, the "Contract") with each of the Cities for the purpose of obtaining the economic advantages of jointly financing, constructing and operating large generating units to supply the growing energy needs of the Cities. In the opinion of R, W, Beck and Associates (the "Consulting Engineer"), without additional power sources, the Cities face growing combined deficiencies in electric generating capacity to serve their customers starting in 1988. It is also the Consulting Engineers opinion that the Agency's approved generating projects within the context of the Cities' power supply program are feasible, The "Consulting Engineer's Report for Texas Municipal Power Agency, Series 1962A Revenue Bonds" dated November 5, 1982 (the "Engineers Report"), is reproduced herein as Appendix A. 1 (b434) Texas Munk(pal Power (01) 4095 Most of the Cities' present generating facilities use natural gas as the primary fuel. Increasing prices and governmental restrictions in the use of natural gas and oil as boiler fuels emphasized the need for the development of electric generating facilities and resources which do not require such fuels. In the opinion of the Consulting Engineer, the Agency's efforts with respect to developing addi- tional generating resources and related facilities for the near future have been and continue to be reasonable and appropriate, and the forecasted cost of power from its approved projects continues to be attractive when compared to that which could be anticipated from the City-owned units using natural gas (or oil) and operating at an average efficiency. Approved Projects The first generating project of the Agency, named the Gibbons Creek Steam Electric Station, is now under construction n Grimes County, Texas, and includes a net 390 megawatt ("\IW) lignite- fueled steam electric plant, reservoir, railroad spur, associated transmission facilities, an adjacent surface mine and related properties and equipment ("Gibbons Creek"). Initial steam generation and turbine testing began in October, 1952. Current estimates indicate that Gibbons Creek will be in commercial operation by March, 1983. (See "The Projects, Gibbons Creek"). The Agency's second generating project consists of a 6.2% ownership interest in the nuclear-fueled Comanche Peak Steam Electric Station, now under construction in Somervell County, Texas, together with related fuel and certain transmission facilities ("Comanche Peak"). The station will consist of two 1,150 MW nuclear-fueled pressurized water reactor steam generating units, properties and equipment, The Agency's interest in the station was acquired pursuant to the terms of a joint owner- ship agreement (the "Joint Ownership Agreement"), dated January 2, 1979, with Dallas Power & Light Company ("DP&L"), Texas Electric Service Company ("TESCO"), Texas Power & Light Company ("TP&L"), (collectively called the "Companies"), and Texas Utilities Generating Company ("TUGCO"). Subsequently, Brazos and Tex-La Electric Cooperative of Texas, Inc. ('Tex-La") became joint owners in the project. Current estimates project commercial operation dates for Unit One and Unit Two. in 1954 and 1985, respectively. (See "The Projects, Comanche Peak"). Upon completion of Gibbons Creek and Comanche Peak, the combined generating capability of the Agency's and the Cities' units will be 1,449 \IW, of which 133.3% will be natural gas andlor fuel oil-fired, 26.9% will be lignite-fueled and 9.Y'a will be nuclear-fueled. The Cities have approved, as "System Development and Reliability Expenditures", transmission facilities which, in conjunction with a certain transmission agreement (the "Transmission Agreement") with the Companies, and an interconnection agreement (the 'Interconnection Agreement') with Houston Lighting & Power Company ("HL&P"), will be adequate to provide for delivery of Agency power to the Cities and to allow the coordination of the generation facilities of the agency and the Cities. (See Appendix A - Engineer's Report). These System Development and Reliability Expendi- tures together with Gibbons Creek and Comanche Peak are hereinafter referred to as "Approved Projects." Potter Sales Contract The Contract obligates the Agency to use reasonable diligence to provide a constant and uninter. rupted supply of power and energy to the Cities and, subject to certain exceptions, obligates the Cities to purchase from the Agency, if available, all of the Cities' power and energy requirements in excess of the amounts generated by the Cities' existing municipal systems, (See "Summary of Certain Provisions of the Power Sales Contract, Sale of Power and Energy"). Under the Contract, each City covenants that It will establish, maintain and collect rates and charges for the electric service of its electric system at least sufficient, together with other revenues and available reserves of its electric system, to pay to the Agency, when due, all amounts required of such City under the Contract. If money on deposit in the Bond Fund is less than the amount required to be on 0.,,osit therein, 2 (M.94) Texas Munklpal Prwar (O.S.) -7095 without giving consideration to transfers made from other than the Revenue Fund or from Bond • proceeds, the Contract unconditionally obligates each City to pay directly to the respective custodians of the Bond Fund, the Reserve Fund and the Contingency Fund its Percentage Share of the amount necessary to replenish such Funds, provided that transfers may be made from the Reserve Fund to the Bond Fund for not more than two consecutive calendar months without replenishment. (See "Security for the fronds, Contract Obligations of Cities and Agency"). All amounts payable by the Cities under the Contract are payable solely from the revenues of their respective electric systems and constitute operating expenses thereof. Such amounts are not payable from taxes or any other revenues of the Cities, Use of Proceeds The Series 1982A Bonds are being issued to provide funds to complete construction of the Agency's Approved Projects, to pruvide initial working capital, to fund certain interest on the Series 1982A Bonds and the Outstanding Bonds and to make Ceposits into the Reserve Fund. This Official Statement includes descriptions and summaries of events and developments, the terms of the Series IMA Bonds, the Contract, the Resolution, other documents and certain prov . sions of the Act. Such descriptions and summaries do not purport to be complete and all such descrip- tions, summaries and references thereto are qualified in their entirety by reference to this Official Statement in its entirety and to each such document, copies of which may be obtained from the Agency or from First Southwest Company, Financial Advisor to the Agency. A glossary of certain of the words and terms defined in this Official Statement appears as Exhibit 11 to this Official Statement. THE AGENCY Powers under the Ace The Agency is a joint powers agency, without taxing power, created by the Cities, with all powers conferred upon public entities by the Act and Chapter 10, Title 28, Vernon's Annotated Texas Civil Statutes of 1925, as amended, except that the Agency is not authorized to engage in any utility business other than the generation, transmission and saie or exchange of electric energy to the Cities and to private entities which are joint owners with the Agency of an electric generating facility located within the State of Texas. Certain specific powers are described below: Bonds and Contracts. In addition to the power to issue revenue bonds and to pledge the Agency's "Net Revenues" to the payment thereof, the Act authorizes the Agency and the Cities to enter into contracts with respect to the sale and purchase of power and energy. The Contract was executed pursuant to this authority. Rates and Charges. The Agency is empowered to establish and collect rates and charges necessary to produce revenues sufficient to pay all operational and maintenance expenses, debt service requirements on obligations issued by it and other charges necessary to fulfill contractual commitments. The Act provides that the State of Texas has retained the power to regulate and control the rates, fees and charges for services provided by the Agency, provided that the State of Texas does hereby pledge to and agree with the purchasers and successive holders of the obligations Issued hereunder (under the Act) that the state will not limit or alter the powers hereby vested In the agency to establish and collect such rates and charges as will produce revenues sufficient to pay for (1) all necessary operational and maintenance expenses, (2) all interest and principal on obligations issued by the agency, (3) all sinking funds and reserve fund payments, and (4) for any other charges necessary to fulfill the terms of any agreements thereto- fore made or in any way to Impair the rights or remedies of the holders of the obligations, until the obligations, together with the interest thereon, with interest on unpaid installments of 3 (M-M) Taus Municipal Power (0.5.)--7095 interest, and any other obligations of the agency in connection therewith, are fully met and discharged." (See "Regulatory Bodies"). Condemnation. The Agency is granted the power of eminent domain under the Act and under Chapter 10 of Title 28. The Act prohibits the Agency from condemning land, or any interest therein, for the purpose of drilling for, mining, or producing from said lands, minerals, including lignite and uranium. This limitation does not impair the right of the agency to condemn land for plant sites, Including cooling reservoirs and related surface installations and equipment, or for transmission right-of-way. Other Borrowing Poti:ers. The Agency is authorized by the Act to issue bond anticipation notes for the purposes for which Bonds may be issued. The Act also permits the issuance of non-negotiable purchase money notes payable in installments (secured by the priperties being acquired) in order to acquire land or fuel resources. Governmental Sfrucfure The Agency is a municipal corporation, a political subdivision of the State of Texas and a body politic and corporate, governed by a Board of Directors consisting of eight members who serve without compensation. The governing body of each of the four Cities appoints two members to the Board. Terms of members are two years, with the term of one member from each City expiring annually, resulting in staggered terms. An affirmative vote of five Directors, plus a weighted majority vote based on the respective energy usage of the Cities, is required for certain major decisions under the provisions of the Agency's Rules and Regulations, Management On October 1, 1982, Ed L. Wagoner assumed the duties of General Manager of the Agency, taking over for William F. Elkins who had been serving as Acting General Manager as well as Presi• dent of the Board while the search for a new Ceneral Manager was being conducted. Wagoner has more than 20 years of government experience including more than 11 years in city manager positions thin Texas. He came to the Agency from the City of Tyler where he bad served as City Manager for more than 3 years. Previously he had served as City Manager of Greemille, General Manager of the Harris-Galveston Coastal Subsidence District, and Assistant City Manager of Fort Worth and Abilene. Wagoner is a graduate of Austin College in Sherman, Texas and has taken graduate courses at Texas Tech University. Key members of the Agency's overall Management staff are as follows: Frank H. Bass Jr, is assistant General Manager, responsible for Legal, Administrative and Financial Services. His activities include contract administration, property management, risk management, rates, internal audits and coordination with the General Counsel in other legal activities of the Agency. Administrative and financial activities Include areas involving human resources, public affairs, purchasing, transportation, and financial planning and implementation. Mr. Bass has over a years experience In the utility industry, having held a number of admini- strative and legai posy` ns. He received his Juris Doctor from Mercer University and is admitied to the State Bar of Texas and the Florida Bar. William P. Freeman Is Director of Financial Services, responsible for financial planning, computer services, accounting, cash management and Agency financing. He has eight years experience In public utility accounting, serving as an accountant for a large electric utility, as a Chief Accountant for the Public Utillt- Commission of Texas, and as a Consultant to utilities for a major accounting firm. He is a CerhLd Public Accountant and holds a BBA degree In Account- ing from North Texas State University in Denton. Joel T. Rodgers, P.E., Director of Construction Management, joined the Agency In December, 1978, following a 29 year career at Florida Power Corporation, where he served In various super- 4 04-34) Texas Municipal Power (01) -1093 visory and management positions including Assistant Vice President, Generation Engineering and Construction, and Assistant Vice President, Corporate Service Staff. He supervised the design, construction and start-up of over two million kw of steam generation capacity including a large nuclear project, He holds a BS degree in Mechanical Engineering from the University of Florida, • His responsibilities include construction management, start-up coordination, power production, raWng and system operation. Robert B. McKnight is Manager of Projects. lie has 31 years of experience in the electric utility industry and in construction of both nuclear and fossil fueled generating facilities. He holds a BS degree in Architectural Engineering from the University of Florida. He is responsible for construction activities and contractor coordination for the Gibbons Creek plant. John Turlak, PE, Power Projects Engineering Manager, is responsible for design engineering, equipment procurement, and expediting of materials for the Gibbons Creek plant and mine facilities. He has 13 years of experience the utility industry. He holds a BS Degree in Mechanical Engineering from Texas A&M University. John C, Eakins, Manager of Systems, has over 16 years of experience in the electric utility industry. He holds a BS Degree in Electrical Engineering from the University of Texas In Austin. His responsibilities include system engineering, transmission engineering design, and system operations. Don Cullum, Plant Superintendent, joined the Agency in August, 1982, with 28 years expe• rience in the operation of lignite and oil fired power plants. fits most recent position was with Coal-Creek Station Cooperative Power Association, Underwood, North Dakota, which consisted of two 550 MNV lignite fired units. He has been involved in four plant start-up operations, three lignite fired and one oil fired. Previous employment includes assignments with Bechtel Power Corporation, Guam Power Authority and the Tennessee Valley Authority, As of September 30, 1952 the Agency had 218 full tine: employees. Training of plant operations and maintenance personnel is ongoing. Numerous classes for Operations personnel, ranging from three weeks to 22 weeks, have been conducted under the supervision of the Agency's Training Department, with 158 employees having completed the courses. Maintenance personnel have received specialized training on various components of plant equipment and systems through vendor conducted training courses. In July, 1982, the BoarL* of Directors voted to relocate the agency headquarters to the Gibbons Creek plant site. The move was predicated on economic factors. Savings are expected to be generated by consolidating duplicate staff positions, eliminating lease payments on the Agency's current headquarters, and reducing trave: costs by Agency staff to the Gibbons Creek site. By January, 1983, all Agency personnel will be permanently located at the Gibbons Creek site except for a small group in Systems Operations who will remain in Arlington to serve the northern section of the system where the majority of the Agency's transmission facilities are located. Financial Statemenis The audited financial statements of the Agency for the focal years ended Septer.,ber 30, 1981 and 19% are included as a part of this Official Statement as Appendix C, Also included are the unaudited financial statements of the Agency for the nine months ended June 30, 1982 and 1981 as Appendix D. DESCRIPTION OF THE SERIES 1982A BONDS General The Series 1982A Bonds are dated November 1, 1982, and bear interest therefrom payable semi- annually on March 1 and September 1 of each year, commencing March 1, 1983, at the rates per annum, corresponding to those principal amounts maturing September 1 In each year, as set forth on the cover page of this Official Statement. 3 (~M44) T+us J4unicipal Power (O.S.) r•'10AS The Series 1982A Bands are issued as coupon Bonds in the denomination of $3,000 each, registrable as to principal only at the office of BancTE\AS Dallas N.A., Dallas, Texas, the Registrar. Title to Series 1982A Bonds not registered as to principal is transferable by delivery. Series HUM Bonds registered as to principal may be transferred only on the books kept by the Registrar. Interest coupons on all Series 1982A Bonds and the principal of the Series 19S2A Bonds, if payable to bearer, j shall be paid at the respective principal offices of The Chase Manhattan Bank, N.A., New York, New York, or at die option of the holder, at BancTE\AS Dallas, N.A., Dallas, Texas. Principal of i Series 1982A Bonds which are registered to other than the bearer is payable only at the principal offices of the Registrar, For estimated debt service on the Series 1982A Bonds and the Agency's total estimated debt service requirements on all Binds, see "Debt Service Requirements". Optional Redemption The Series 1982A Bonds maturing on and after September 1, 1996, are subject to redemption at the option of the Agency on and after September 1, 1992, as a whole on any date, or from time to time in part on any interest payment date, at the following redemption prices, plus accrued interest to the date of redemption: Redemption Period Redemption i Dotes Inclwive) Prices September 1, 1992, to August 31, 1993 103% September 1, 1'193, to August 31, 1994 _ 102 1h September 1, Izal, to August 31, 1995 102 September 1, 1995, to August 31, 1998 101% September 1, 1998, to August 31, 1997 101 September 1, 1997, to August 31, 1998 . 10034 September 1, I998. and thereafter . . 100 If less than -ill of trtc Ser±as 1962A Bonds are to be redeemed, the Agency may select the maturity or maturities to be redeemed, and if less than all such Bonds of any maturity are to be redeemed, the Bonds of such ma t rity to be redeemed are to be selected by lot by the Agency. Special Refunding Redemption The Series I982A Bonds are subject to redemption prior to maturity at the option of the Agency, in whole or in part (but if in part, not less than all of the Series 1982A Bonds within a maturity), on September 1, 1992, at 10017o of the principal amount thereof together with accrued interest to the date of redemption, to the extent payment of such principal of and interest on the 1982A Bonds so redeemed is provided for on or prior to September 1, 1988, in the manner described in "Summary of Certain Provisions of the Resolution, Discharge of Indebtedness," e (M-34) Tetu Munkfpal Poo at (O.S.) - 7096 _ Mandatory Redemption of Term Bonds The Series 1982A Bonds maturing on September 1, 2012, are subject to mandatory redemption in part by lot prior to maturity on and after September 1, 2005, at 100% of the principal amount thereof plus accrued interest to the date of redemption, from payments into the Bond Fund which are required to be made in amounts sufficient to redeem on September 1 of each year the principal amounts of such Bonds specified for each of the years below: 2012 Staturity 2012 Maturity Year Amount Year Amount 2005. . $3,830,000 2009 $5,815,000 2008 4,255,000 2010 6.460,000 2007 4,720,000 2011 7,165,000 2006 5,240,000 2012 (maturity) 7,953,000 Giving effect to the mandatory redemption requirements, the average He of the Term Bonds due 2012 would ~c approximately 26.9 years, calculated from November 1, 1982. In lieu of calling said Bonds for redemption, the Agency may deliver Series 1982A Bonds of the maturity required to be redeemed to the Paying Agent (prior to the date of publication of the notice of redemption) in the principal amount up to the amount scheduled to be called for redemption in any one year and the principal amount of said Bonds so delivered shall be credited against the amount of said Bonds required to be called for redemption in that year. I SECURITY FOR THE BONDS Pledge The Bonds are payable from and equally secured by an irrevocable first lien on and pledge of the Net Revenues of the Agency, the Revenue Fund (subject to payment of Operating and Maintenance Expenses), and all other Funds (Including investments therein) established by the Resolution, The Resolution requires that upon the issuance of Bonds the Reserve Fund contain an amount equal to the Average Annual Debt Service on all outstanding Bonds. (See "Summary of Certain Provisions of the Resolution, Reserve Fund"). Rate Covenants The Agency covenants in the Resolution that it will at all times fix, establish and collect rates and other charges for power and energy, or services, sold or furnished by or in connection with the System, which, together with other income, are reasonably expected to yield Net Revenues equal to at least 125 times the Debt Service on all outstanding Bonds for the fiscal year for which such rates and charges shall apply. The Agency further covenants in the Resolution that, promptly upon any material change in the circumstances which were contemplated at the time such rates and charges were most recently reviewed, but not less frequently than once in each fiscal year, it will review the rates and charges for electric power and energy and services and will as necessary revise such rates and charges to comply with the foregoing requirement. The Agency further covenants that such rates, charges and income shall in any event produce moneys sufficient to enable the Agency to comply with all of its covenants under the Resolution and to pay all obligations of the Agency. To the extent not used, surplus amounts on deposit in the Revenue Fund may be returned to the Cities. (See "The Agency, Powers under the Act, Rates and Charges"). Each City covenants In the Contract to establish, maintain and collect rates and charges for the electric service of Its electric system which will produce revenues at least suf8cietrt, together with other revenues available to such electric system and available electric system reserves, to enable it to pay to the Agency, when due, all amounts payable by such City under the Contract. (See "Regulatory Bodies, Public Utility Commission"). 7 (MJI) Texas Munidyal Power (O.S.)--7093 Contract Obligations of Cities and Agency Energy Sales and Purchases. The Contract obligates the Agency to use reasonable diligence to • provide a constant and uninterrupted supply of power and energy to the Cities and, subject to certain exceptions, obligates the Cities to purchase from the Agency, if available, all of their electric energy requirements in excess of the amounts generated by the Cities' existing municipal systems. (See 'Summary of Certain Provisions of the Power Sales Contract, Sale of Power and Energy"). The Contract requires the Agency to prepare annual budgets, projecting its Annual System Costs for the succeeding year, including debt service requirements on the Bonds, and to submit the same to the Cities. Based upon these budgetary facts and estimates, the Agency will adopt and fit the rates and charges for electric energy ar.d services to be paid by the Cities for the ensuing year. The Cities are obligated to make such payments on a monthly basis. Contractual Guarantee, The Contract provides that if at any time the amount of money on deposit in the Bond Fund is less than the amount then required to be on deposit therein without giving consideration to transfers made from other than the Revenue Fund or from Bond proceeds, each City Is unconditionally obligated to make a payment, the ag;regate of which shall be the amount necessary to maintain the Bond Fund, Reserve Fund and Conti;vmcy Fund in the required amounts, provided that transfers may be made from the Reserve Fund to the Bond Fund for not more than two consecutive calendar months without replenishment. Each City's portion of any such payment (the "Percentage Share") shall be adjusted annually based on the percentage that each City's system load bears to the aggregate system load of the four Cities, subject to the qualifications and as explained under "Summary of Certain Provisions of the Power Sales Contract, Payments by Cities." As an example, based on the latest for:casted requirements of the Cities for fiscal 1933, when commercial operation of the Agency's first generating unit is scheduled, the following Percentage Shares would be applicable during the nest fiscal year, 1994: City of Bryan 21.7217o City of Denton 19.87 City of Garland 48.41 City of Greenville 10.00 Total 100.0001o Each City unconditionally covenants in the Contract that its Percentage Share of the payments to the Bond Fund, Reserve Fund and Contingency Fund will be made, If required, and no City shall have the right of set-off, recoupment or counterclaim against any such payments. In the opinion of Bond Counsel, the unconditional obligation of the Cities under the Contract to make payments directly to the custodian of the Bond Fund, in the event of deficiencies therein, constitutes an Irrevocable and binding contractual guarantee made and executed for the benefit of the holders of the Bonds as third party beneficiaries thereof. Source of Payment. Ali amounts payable by the Cities under the Contract, including any amounts payable pursuant to the contractual guarantee described above, are payable solely from the revenues of the Cities' respective electric systems and constitute operating expenses thereof, and are not payable from taxes or any other revenues of the Cities. APPLICATION OF SERIES I982A BOND PROCEEDS The Agency estimates that the proceeds of the Series I982A Bonds will be applied as follows: Construction Fund $ 9,800,000 Deposit Into Bond Fund for Interest on Bonds(1) 53.700,000 Deposit into Reserve Fund(2) 5,927,000 Working capital . 10,983,000 Allowance for costs of issuance and Bond discount . L908,000 Principal Amount of Series 1982A Bonds $78,300,000 8 (M-34) Tau Muatcipel Power (01) -'003 (1) Monies required to fund interest on all Bonds through March 31, 1954 and on certain portions of the Bonds relating to Comanche Peak through August 31, 1983. (2) The amount which together with amounts on deposit in the Reserve Fund equals Average Annual Debt Service. The Agency intends to fund interest on Bonds relating to Approved Projects for one year beyond declared commercial operation of each generating unit. Additional monies to fund such interest are expected to be provided from the proceeds of the anticipated sale by the Agen:y of its ownership in the conveyor system for the Gibbons Creek Mine (see "Gibbons Creek, The Mine"). The Agency does not presently contemplate the issuance of additional Bonds to complete financing of its presently Approved Projects; however, the Agency has the right to issue additional Bonds should costs of Approved Projects exceed current estimates or for the purpose of financing the costs of any additional projects approved by the Cities. THE PROJECTS Under the Contract, the Cities must approve any "Project" before the Agency is authorized to proceed with the financing, construction, equipment procurement and development thereof, After approval by the Cites, the Agency may proceed as it deems appropriate. Additionally, the Agency may make "System Development and Reliability Expenditures" as an "Approved Project" for facilities and purposes authorized by the Cities. Certain expenditures for "Development Projects", as defined in the Contract, may be made by the Agency without the approval of the Cities. Approved Projects Gibbons Creek, Comanche Peak and certain System Development and Reliability Expenditures are Approved Projects of the Agency under the Contract. Gibbons Creek Gibbons Creek includes a lignite-fueled steam electric station (the "Steam Electric Station"), an adjacent surface mine and related facilities (the "dine"), both located in Crimes County, Texas, and associated transmission facilities. The Steam Electric Station Is designed to provide gross generating capability of 443 MW, of which 33 MW is dedicated to station and mine use, resulting in a net available to the Cities of 390 MW. (See Appendix A - Engineer's Report). Initial oil fired testing of the turbine generator was begun September 30, 1952, with initial lignite firing on November 4, 1982. Testing will continue at increased power levels for several months. Gibbons Creek is presently scheduled for commercial operation in March of 1953. The Agency now estimates that the total construction cost of Gibbons Creek will be $561,131,000, which will be fully funded upon issuance of the Series 1982A Bonds. This represents a reduction of 950,193,000 from the amount shown in the Series 1952 Official Statement, attributable primarily to the exercise by the Agency of its option to have the mining contractor supply the mfnin[ equipment. (See "The Mine"). Steam Electric Station The Steam Electric Station is designed to utilize lignite fuel having a beat content in the range found In the mining area (see "The Mine"), The power plant, fuel bandling systems, intake and dis- charge structure, and switchyard are being designed by Tippett & Gee, Inc., who has indicated that the design portion of the engineering services is approximately 994a complete. The Gibbons Creek plant Is an "outdoor" design with the boiler and turbine generator exposed to the elements. The plant, along with the reservoir, Is situated on a site consisting of approximately 66W acres. The general contract for construction of the plant was awarded to Austin Power, Inc. In September, 19"9, 9 (1144) Texas Muwdpsl Power (0.9.) 7095 and as of September 30, 1982, the Steam Electric Station was 91% completed. Work yet to be completed is related to the air quality control system, some roadwork and lanscaping and equip- ment testing. The primary source of water for plant requirements is a reservoir which has been constructed immediately adjacent to the plant site. The source of make-up water for the reservoir will be natural runoff and precipitation, with standby reserves being provided by contract with Brazos River Authority. The agency has completed construction of the water line and pump station to utilize such reserves, The cooling reservoir, dam and discharge canal were desiized by Freese and Nichols, Inc., hydraulic consulting engineers. In the course of its land acquisition program, the Agency has executed purchase money notes secured by the properties acquired by the terms of which the purchase price is payable in install- ments, Failure to pay such notes when due gives rise to a right in the seller to foreclose on the land which is the subject of the lien. The Mine The mining area consists of approximately 25,000 acres of land adjacent or accessible to the Steam Electric Station (the "Mining Area"). In connection with the Agency's land acquisition program and mining plans, Paul Weir Company was retained to conduct initial studies pertaining to the availability, quantity and mining of lignite. Subsequently, the Agency contracted with Morrison- Knudson Company ("M-K") of Boise, Idaho, and later with its wholly-owned subsidiary, Navasota Mining Company, Inc. ("Navasota"), to operate the mine for the Agency. M•K, based upon the prior information developed by Paul Weir Company, and upon supplemental drilling and testing, refined and updated the lignite data and estimated substantial additional mineable lignite in the Mining Area. The Agency's lignite requirement for 30 years at an approximate plant factor of 75% is esti- mated to be 98 million tons. (See Appendix A- Engineer's Report). M-K's evaluation indicates that the Mining Area contains approximately 103 million tons of recoverable lignite reserves from seams with ltss than 140 feet of overburden. The Agency's General Counsel has evaluated the Agency's lignite ownership within the Mining Area based upon the sum- maries of title information provided by landmen or local abstract companies from the public land records in Crimes County at the time of acquisition. Certain of such ownership is subject to con- firmation by examination of actual abstracts of title pursuant to the Agency's abstract acquisition and examination program, presently scheduled to be completed during 1933. This evaluation indicates that, as of September 30, 1982, the Agency owned, by deed or lease, lignite with less than 140 feet of overburden and in an amount which, according to estimates of M-K, is in excess of 119 million recoverable tons. The Agency also owns, by deed or lease, substantial interests in lignite in the Mining Area with 140 to 200 feet of overburden. In order to operate the Mine efficiently throughout the expected 30 year life of the plant, it will be necessary to acquire additional land or interests in land. These additional interests wiII be identified and acquired by the Agency as mining progresses beyond the first five year permit area (See "Gibbons Creek Permits and Approvals"). As of September 30, 1982, the Agency had expended approximately $24,601,000 for lignite and associated rights and costs, Including both leases and outright purchases. Of this amount approxi- mately $4,380,000 was for advance royalty payments. The Agency, in the future, will be required to make annual advance royalty payments in a generally decreasing amount on leases now in effect and to pay any unpaid royalties at the time of mining. The advance royalty payments for fiscal year 1983 are presently projected to be approximately $844,000. This amount is subject to possible reductions upon finalization of mining plans. The total price of lignite and associated surface acres purchased to date Is approximately $7,323,000 of which approximately 157,o currently remains subject to purchase money notes with various maturities up to twelve years and annual note payments of approximately 10 (M-34) Texas Munkipel Power (O,S.) 7M $129,750. The leases generally are for 30 or 35 year terms from various dates 5eginning in 1975 and subject to extensions during reining operations thereon. All of the leases and purchase money notes require annual payments and, ;f not made, the property or lease-rigbts could revert to the seller or lessor. Additionally, of the estimated 119 million tons of lignite owned by the Agency, a total of approximately 6.6 million tons is under tracts which are subject to liens securing debts of others. If the debts for any of those tracts are not paid, the Agency's rights to the lignite on those tracts could be lost. The Agency has designated Navasota as dine operator, In furtherance of the Agency's election to require Navasota to furnish two draglines for the mine, the Agency sold its interest in two partially completed and Bond-financed draglines for $50,935,909, (See Exhibit A-Engineer's Report). Con• currently, Navasota, along with others, completed two transactions in which Navasota sold the drag. lines to others and then leased them pursuant to lease agreements with the owners. The Agency is obligated to make variable payments for mining services, with a minimum obligation to pay an amount not less than Navasota's "equipment fixed costs" (in general, its financing costs for the draglines), The Agency's minimum obligation is unconditional for the initial and any renewal terms of the Navasota lease. According to the various ag.eements, the Agency cannot itself operate these draglines during specified periods. According to opinions of counsel, including Bond Counsel, and of accountants for the Agency, delivered at the closing of such transactions, the .Agency's payments (including the minimum payment of "equipment fixed costs") under such agreements, will (with certain exceptions) constitute expenses of operation and maintenance of the Agency. The amount received by the Agency upon the sale of the draglines was deposited for use for general construction purposes, thus reducing its additional financing needs for Approved Projects. While the Agency's operating cost: will increase as a result of these transactions, the Agency believes that the reduction in its capital requirements will result in an overall reduction in costs attributable to the dine. The Agency also expects to exercise its option for Navsota to provide the Mine's conveyor system under a similar arrangement Contingency planning by the Agency for interruption of mining activities on account of unforeseen circumstances, such as Acts of God, labor strife or non-performance under the mining contract calls for the stockpiling of lignite supplies In the Plant area. The Agency presently believes that a 90-120 day stockpile will provide adequate protection for all reasonably foreseeable wmtingencies. TrawrniUsiori Facilities Black 6 Veatch has designed certain transmission facilities (the 'Gibbons Creek Transmission Facilities") necessary and associated with the Steam Electric Station. The Agency estimates that the construction cost of the Gibbons Creek Transmission Facilities will be approximately 343,658.000. The Gibbons Creek Transmission Facilities include approximately 57 miles of 345 kilovolt ("kV") double circuit line, approximately 22 miles of 133 kV line and six new substations or planned modifications to existing substations. Construction of the lines is completed and the sub-stations are M completed, as of September 30, 1982. All transmission facilities are designed base' upon load flow and related studies in order to properly Integrate Gibbons Creek into the existing electric Reliability Council of Texas ("ERCOT") transmission network, with which the Agency will connect through die high voltage transmission system (the 'HV Transmission System") of the Companies. ERCOT is the successor to the birmer Texas Interconnected System. The Transmission Agreement requires the Companies to accept that portion of Gib►.ons w 4k power and energy that is not delivered by the Agency directly to one of the Cities Into the H1' Transmission System from Gibbons Creek Transmission Facilities and to deliver equivalent amounts of power and energy (less transmission losses) frcm the HV Transmission System at specified delivery points near load centers of some of the Cities. 11 (Ma4) Texas ofunicipat Power (0.3.) -7093 i Pursuant to the Interconnection Agreement, Gibbons Creek, for reliability purposes, is inter- comnted with two 345 kV lines of HL&P. The HL&P lines are interconnected with the HV Trans- mission System. Gibbons Creek Permits and Approvals The Agency -taff is responsible for all activities related to acquisition of permits and approvals for Gibbons Creek. All necessary permits for construction and operation of the Steam Electric Station have been issued by the applicable regulatory authorities. In addition, the Agency has secured a permit from the Texas Railroad Commission related to its proposed lignite mining activities for the first five years of operation, Such permit is, by statute, issued for a term not longer than five years. The Agency anticipates that permit renewals will be Issued as needed in the future. Comanche Peak Comanche Peak includes a 8.270 undivided ownership interest in the Comanche Peak Steam Electric Station, consisting of two net 1,150 M%V nuclear-fueled pressurized water reactor steam electric units together with related switchyard, substation, railroad spur and reservoir (the "Comanche Peak Station'), nuclear fuel and an interest in a certain associated transmission Une. The interest in the Comanche Peak Station was acquired by the Agency pursuant to the joint Ownership Agr-ement, (see "Summary of Certain Provisions of the joint Ownership Agreement") and the Transmission Agreement. Brazos and Tex-La later acquired ownership interests therein and became parties to the joint Ownership Agreement. The current undivided ownership interests of the parties are as follows; DP&L . 18%% TP&L(1) 33;5 TESCO 35% Agency 8.2 Brazos 3.8 Tex-La(1) 2Ve Total 1004'0 (1) As of May 28, 1982, TP&L reacqu;red one-half of the original Tex-La ownership interest. Under the joint Ownership Agreement, the owners are obligated to pay their respective shares of construction costs as billed by TUGCO, the company responsible for the construction, development, completion and operation of the Comanche Peak Station. Once the plant is operational, Irrespective of the quantity of power produced, the Agency is obligated to pay 8.217o of all operating and maintenance costs, including fuel but excluding taxes, plus a management fee, subject to certain limitations, equal to 570 of the Agency's share of such costs. Subject to certain operational exceptions, the Agency will be entitled to receive 82% of the net power output that the plant is capable of producing at any given time. Proceeds from the Series 1982A Bonds will complete the financing of the Agency's share of the presently estimated construction and fuel acquisition costs. The Companies, whose respective systems are interconnected, and TUGCO are subsidiaries of Texas Utilities Company ("TV'), a Texas holding company. At its August meeting the TU Board of Directors directed management to proceed with a proposed reorganization which would involve the merger of DP&L, TP&L and TESCO into a new company named Texas Utilities Electric Company, DP&L, TP&L and TESCO thereafter would operate as divisions of the new company. Certain functions previously carried out by Texas Utilities Services, Inc. ("TUSI") and TUGCO, Including the construction and operct;on of the Comanche Peak Station would be performed by a fourth division of the new Company. On September 8, 1982, a petition was Bled 12 (M44) Texu Municipal Power ( 0.9.) - 7095 by TU with the Public Utility Commission of Texas (the "PUC") requesting the PUC to review the proposed reorganization and determine that such reorganization is in the public interest. A public hearing has been scheduled by the PUC to consider the request for November 17, 1952. Other wholly-owned subsidiaries of TU will not be a party to the reorganization and will retain their assets. Additional information regarding the status of this proposed reorganization will be forthcoming from TU as the various regulatory approvals, authorizations and consents are sought and obtained. The Companies are engaged in on-going construction programs, of which their interests in the Comanche Peak Station are but one, consisting of various power generating plants within the State of Texas, for the purpose of developing a continuin, and available supply of power and energy for the TU system, which is presently enraged in power supply sales solely within the State of Texas. Historically, th_- Companies have obtained their capital from a com- bination of issuing preferred stock and corporate bonds, issuing and selling additional common stock to TU, their corporate parent, obtaining short term loans from TU and from internally generated funds. No assurance can be given that these or other sources of capital will be available to the Companies in amounts sufficient to pay, their respective shares of costs of construction of or acquisitions for the Comanche Peak Station. However, the Companies have advised the Agency that they have no reason to believe that the supply of available capital will be inadequate to fully meet such capital requirements. (See "Available Information Regarding the Companies"). The Agency has not been advised as to the source or availability of funding of the shares of costs of Comanche Peak attributable to Brazos and Tex-La. Under the Joint Owner,'.o, lgreement, TUCCO• as project manager, is required to act with due diligence and in accordance v.;tn "Prudent Utility Practice" (as defined in the agreement), and to use its best efforts to timely complete construction of, and to place into service, each unit of the Comanche Peak Station. The Agency has no control over licensing, cost, design or construction activities, opera- tions, fuel acquisition functions or decommissioning of the Comanche Peak Station except through its membership on an Owners Committee established in the Joint Ownership Agreement. In limited areas the Owners Committee may advise and direct the project manager upon agreement by a majority in interest of the representatives of owners on the Committee. TUCCO, as project manager and agent for the owners, in designing, constructing and operating the plant, is supported by Texas Utilities Services, Inc. ('°T U•SI"}, also a subsidiary of TU. Comanche Peak StMon Construction of the station began in January, 1973. TUSI has advised that, as of October 15, 1982, Unit One was 91% complete and Unit Two was •Si°b complete and the overall station was SV70 complete. TUSI is responsible for construction schedules and cost estimates for Comanche Peak Station. Commercial operation Is currently estimated by TUSI as 1984 for Unit One and 1945 for Unit Two. TUSI's October, 1982 estimate of construction costs for Comanche Peak Station is $2,608,048,000, which is essentially the same as that estimated In 1981. This construction cost estimate Is exclusive of an Allowance for Funds Used During Construction, sales and ad valorem taxes and nuclear fuel. Steam for the Comanche Peak Station will be developed by two Westinghouse Electric Cor- poration pressurized water nuclear reactors. In early 1982, significant steam generator tube vibration was experienced at a European nuclear plant using Westinghouse steam generators of the same or essentially the same type as those installed at Comanche Peak Station. The cause and methods for correcting the tube vibrations are under intensive Investigation by Westinghouse, the Nuclear Regulatory Commission (the "NRC'), TUCCO and others in the industry. At this time, Westinghouse is continuing to evaluate field test data from the European unit. The studies and information to date are inconclusive. An evaluation of the impact on the Comanche Peak Station steam generators is expected by early 1953. Any proposed solution to the vibration problem must be acceptable to the NRC, and is subject to review when all the Westinghouse data is available. The uncertainty of the 13 (M-U) Texas Munklyal Power (O.S.) - 7003 timing and nature of the solution to the steam generator problem and related NRC authorization makes it impossible to predict with any assurance the date of full power operation of Comanche Peak Station, although TUSI believes that no major impact on the scheduling or cost of Comanche Peak Station will be experienced as a result of this development. For the purpose of the Engineer's Report, the Engineer assumed a July, 19S4 commercial opera. tion date for Unit One, and January, 1956 for Unit Two. The Agency can give no assurance that the costs of Comanche Peak Station Mll not increase or that delays beyond the assumed dates for com- mercial operation will not be encountered in the future (see "Factors Affecting the Electric Utility Industry). The Agency's construction cost, based on the TUSI estimate, is $155,376,000, including transmission facilities and initial nuclear fuel. A breakdown of the cost components of Comanche Peak is in .Appendix A - Engineer's Report, "Comanche Peak Project Estimated Construction Costs". The Consulting Engineer concluded that the estimated construction cost of Comanche Peak appears reasonable taking into consideration the present status of completion of the Comanche Peak Station. The Consulting Engineer further concludes that the cost of power from Comanche Peak continues to be economically attractive when compared to that which could be anticipated from City-owned units using natural gas (or oil), if available, at an average efficiency. (See Appendix A - Engineer's Report). Comanche Peak Regulatory Approvals Applicable Federal law requires the issuance by the NRC of construction permits and operating licenses for the Comanche Peak Station. Necessary construction permits have been issued reflecting the interests of all proper parties, including the Agency. Operating licenses will not be issued for Comanche Peak Station under present NRC regulations unless a proceeding dealing with safety and environmental issues and a proceeding dealing with antitrust issues have been successfully concluded before the Atomic Safety and Licensing Board (th2'ASLB"): The antitrust proceeding has been successfully concluded. In the proceeding dealing with the safety and environmental issues, three intervening parties (two of whom have withdrawn) contested 25 issues. Of these, 22 issues have been withdrawn by the intervenors or disposed of in favor of the owners by the ASLB. One issue, financial qualifications, was disposed of by the NRC In a generic rule-making pruceeding. The two remaining safety issues pertain to emergency planning procedures and quality assurance/quality control. The question of the adequacy of certain pipe supports in the containment buildings in the event of dramatic rises in temperature due to an accident is included in the quality assurance/quality control issue. The ASLB U presently considering whether it will require additional evidence before making its determination regarding the two remaining safety issues. Based upon that determination, the ASLB will enter its order on these issues without further evidence or after further evidence. Separate from the ASLB proceeding, the NRC staff is making an Independent review of the piping and pipe support systems. This review is scheduled for completion in early 1953. This review must be completed before the operating licenses can be issued by the NRC. TUCCO has made filings in the case contending that all legal and regulatory prerequisites to licensing Comanche Peak Station have been met, and believes appropriate operating licenses will be issued by the NRC. However, the Agency can give no assurance that such operating licenses will be issued. 14 (Md4) Texas Munkipal Power (O.S.) - 7095 System Development and Reliability Expenditures System Development and Reliability Expenditures include communication facilities, fuel explora- tion costs and transmission facilities necessary to increase the reliability of the delivery of power and energy. These facilities have been authorized by the Agency and the Cities. Some of the transmission facilities have been completed and the others are presently under construction or will be during fiscal 1983. In early 1981, it was determined that the electrical configuration of planned transmission lines necessary to deliver Agency power to the City of Garland would cause overloading of the City's transmission system under certain circumstances. The configuration of the transmission lines was redesigned and one 138 kV line modified for U kV operation. Additionally, the Agency, through an amendment to the Transmission Agreement, has acquired an undivided interest in a 345 kV transmis- sion line presently under construction by the Companies in the Denton area with the right to also use a portion of the right of way and towers for a planned Agency line. Other cost revisions on trans- mission facilities have been made as a result of design modifications, increased capacity and reliability modifications, better definition of transmission line routes, right of way costs and revised requirements for dispatching. In the opinion of the Consulting Engineer, the transmission facilities included in the Agency's current cost estimates, which consist principally of 13S kV and 345 kV and a small amount of 69 kV facilities, in conjunction with the Transmission and Interconnection Agreements, will be adequate to provide for delivery of Agency power to the Cities and for operation of the Cities' resources in con- junction with those of the Agency on an economic dispatch basis. Load and Energy Requirements and Resources The Engineer's Report indicates that, without Gibbons Creek and Comanche Peak, the Cities face growing combined deficiencies in electric generating capacity, starting in 1988. The following table summarizes the aggregate peak and energy requirements projected by the Cities. PROJECTED AGGREGATE PEAK AND ENERGY REQUIREMENTS Ftsoat Year Enerp Ending Peak Requirements-M1vb 0-30 Demand -MW (000) 1983 689 2,919 1984 717 3,044 1985 757 3,207 1986 792 3,359 1987 833 3,526 1988 884 3,653 1989 894 3,783 1990 928 3,913 1991 959 4,048 1992 . 994 4,190 1993 1,029 4,337 Average Annual Growth Rate 4.1% 4.Wo The Load forecasts are based on factors that are consia•red significant by the particular City preparing the forecast. The City of Garland has significandy lowered its Load forecast since the Se-Aes 1982 Official Statement, based on a re-evaluation of actual customer usage over the last few years. While still projecting growth In the number of customers served, Garland is using a lowered per-customer usage factor to estimate future energy requirements. The other Cities' forecasts also 13 (4-34) Teus Munkipal Power (O.S.) -7093 reflect the national trend toward energy conservation and the resulting need for conservative forecasts of future Load growth. (See Appendix A- Engineer's Report, "Power Requirements and Resources"). The following table summarizes the resources planned to meet the Cities requirements through 1993. FORECASTED PEAK LOADS AND RESOURCES { St1V 1 Load Resource Requirements Resources Balance Fiscal Cities Agency Year Peak Trans- Total Ending Require. mission ISilo Require. Cities' Gibbons Comanche Total 9-30 meats Losses Resents meats Resources Creek Peak Resources 1983 689 21 103 813 917(1) 390 -0- 1,307 494 1983 717 22 108 847 917 390 71 1,378 531 198,5 757 23 114 894 917 390 71 1,378 484 1986 792 21 119 935 917 390 142 1,449 514 1987 833 25 125 983 917 390 142 1,449 468 1988 864 26 130 1,020 917 390 142 1,449 429 1989 894 27 134 1,055 917 390 142 1,449 394 1990 926 28 139 1,093 917 390 142 1,449 356 1991 959 29 144 1,132 917 390 142 1,449 317 1992 994 30 149 1,173 917 390 142 1,449 276 1993 1,029 31 154 1,214 917 390 142 1,449 235 (1) Reflects Bryan's planned retirement of Bryan Units i and 2. The Cities are presently operating their generating units according to a system of economic dis- patch through the Garland Energy Control Center on a limited basis due to the inadequate capacity of certain transmission facilities. This economic dispatch arrangement has already benefited the Cities by allowing savings in fuel costs for the first 11 months of fiscal 1982 of approximately $1,576,000, which was allocated among the Cities. In late 1983, when construction of the necessary transmission facilities is completed, it Is expected that the economic dispatch arrangement will result in a more efficient utilization of the generating units of the Agency and of the Cities. As file Agency facilities become commercially operable, they will be integrated into the economic dispatch operation through the Garland Energy Control Center. Due to higher costs of natural gas and fuel oil, the Citv-owned units would normally be operated only after Comanche Peak and Gibbons Creek are utilized, or if one of these units is temporarily inoperative or if sales of reserve capacity and/or energy are made to others. On an economic dispatch basis the relative costs of fuels is a primary factor in determining which units are to be operated and at what levels. As an example, in 1986, the forecasted cost of fuel per million Btu is $8.88 for natural gas; $3.10 for $gnite; and $0.94 for nuclear. Under the Power Sales Contract, the Cities are obligated to pay for all of the Agency's power and energy resources and are entitled to call upon the Agency to deliver IWO of its net power and energy to the Cities, subject to the obligation of the Agency to use its best efforts to dispose of any available surplus over the amounts requested by the Cities. The Act limits the Agency 'j authority to sell power and energy by providing that the Agency can make sales only to participating cities and to private entities which are joint owners of generating facilities located within the State of Texas (see "The Agency, Powers Under the Act"). The Cities are not subject to any similar limita- Cons and are authorized by law to make sales to any pubte or private buyer, subject to certain possible regulatory requirements under State law (see "Regulatory Bodies"). 16 (1444) Tezas Municipal Power (O.S.) - 7095 MINE ' The agency anticipates that outside sales of future power and energy surpluses will be made through the Cities, especially since the fuel-cost disparity between the Agency Projects and the gas-fired units of the Cities indicates that the excess capacity indicated in the "Load Resource Balance" column of the preceding table will be in the city-owned generating units. Consistent with this analysis, the Cities and Brazos, as members of the Texas Municipal Power Pool ("TMPP"), jointly entered into an agreement with West Texas Utilities Company ("WTU") for the sale by TMPP to WTU of specified amounts of electrical power and energy during the years 1935 and 19313. This agreement, dated April 14, 1982, provides for the sale of up to 150 MW of capacity to WTU by TMPP during calendar 1985, and, similarly, for the sale of up to 200 MW during calendar 1988. All payments by WTU under this contract will be made to TMPP with the Cities participating in their allocable shares. PROJECTED OPERATING RESULTS AND COST OF POWER Based upon the Assumptions and Conditions set forth in the Engineer's Report, the Consulting Engineer has projected Agency operating results and cost of power to the Cities' electric utility systems for fiscal years ending September 30, 19M through 1993. Projected Agency Operating Results Fiscal Tear Ending Segembet 00 (000) 1967 1951 1983 1986 1987 1986 1969 1090 1991 1999 1993 Operating Revenues from Saint to Ott": 136,400 6123,034 1209,688 1242,679 6257,190 1283,802 3473,568 1280,622 1292,158 8309,508 8313,825 Operating Nductions Prodwbm Expenses Fuel 15,642 42,705 44,934 ' 50,698 55,857 61.39: 67,269 73,618 60,366 51,714 95,691 Operating and \faintenarce 6,936 16,641 20,593 44,513 24,778 20,561 28,516 30,021 34,930 38,404 38,127 Fixed Cats - Mining services 9,400 4,600 6,800 6,800 6,800 6,10o 6'soo 6,800 0,600 61800 6,600 Total Production Expenses 28,180 84326 74,327 80,039 97AM J4,-,S3 102,015 111,089 120,090 129,918 140,014 Nw-peoductioo Esporum Transmission, Operation and Naintanines 3,900 6,200 8,700 9,100 0,700 10,)00 10,800 11,500 14,300 I1.9m 13,000 tasurxoa 4,000 4,408 5,316 5,494 5,774 $,too 0,453 61859 7,Y2 7,690 8,130 Admintttradve and General 1,320 4,420 4,620 !.Aa 3,320 5,520 5,920 4,320 81740 7,120 7,820 Noclear Decommissioning 0 23 48 138 148 120 120 i9d 145 140 ISO Total Neer productlan Eapentes SAM 17.0SI 16,584 10,736 20,816 14.100 13,301 11,80.5 14,316 37,041 19,471 Total Operadng Deducwtr 36,400 8).7i1 90,911 99,777 too.= 114659 125,918 135,871 148,414 167,780 170,090 Net Operating Mv41au 0 39,651 118,957 143,102 149,137 148,r43 147,751 148,748 145,744 144,748 14735 Plus, Interest Income 8,900 13.000 17,000 14,000 1400 13,000 10,00o 17,000 18,000 19,000 40,000 Total AvWaWa for Debt 3e%,sco 5,900 54,067 135,937 131,102 163.137 163,743 163,754 163,748 167,744 163,748 163,735 Debt Servo. Ocueaodtng Bonds 890 40,189 90.771 147,823 117,526 117,523 117,4)0 117,447 IITA24 117,527 I1T,SIT ~ Seri" I984A 6ondil 0 I,686 4,811 7,028 7.964 8.433 8,433 8.433 6,433 8.133 8.433 Total E00 43 044 104,664 120646 145.490 115,956 11S,%3 116,900 115,961 141,960 Iu.900 Cow tap of Debt S4 vice 1810 1.30 1.30 1.30 1.30 1.30 1.30 1130 00 1130 1.30 Bala n of Rav aen . 0.110 11,013 31,375 36354 37,641 37,717 37,789 37,768 37,787 77,768 37,766 Law Amwalt sad Rep(uem,.u 017 $719 3.548 4,450 sJ69 5,491 6.4)3 1.639 7,490 6,111 9,003 Not Revenue Andabl4 for Otte Purpow Tim 9,631 17,1 i0 31,004 39,3'18 31,196 31,354 30.956 30,W 29.576 18,718 17 Projected Agency Cost of Power Based on the projected operating results of the .agency, as indicated in the above table, the estimated cost of power supplied by the Agency from Agency units, (which includes fuel and other variable costs, fixed operation and maintenance expenses, insurance, administrative and general expenses, costs of using transmission facilities owned by other utilities, debt service and renewals and replacements) is shown in the following table. Agency Energy(l) Cost Sales Cost Year ($000) C%Vh %H113/kWh 1983 36.400 815 41.7 1984 115,441 2,144 53.8 1983(2) 200,011 2,273 88.0 1986 215,069 2,571 83.7 I98', 225,156 2,669 84.4 1988 233.224 2,7Z5 85.6 1989 24),372 2,774 87.0 1990 251,268 2,820 89.1 1991 261,202 2,569 91.0 1992 272,211 2,916 93.4 1993 284.249 2.962 96.0 (1) Assumes rebate by the Agency to the Cities of previous year's surplus monies. (2) First year in which substantial portion of estimated debt service requirements are to be met from revenues of the Agency. Revenues esti,lated to be available for other purposes from the prior year operations are based on lower amounts of funds generated by debt service coverage. The actual unit costs ultimately paid by the Cities will be determined by the application of the rates and charges, established by the Agency in accordance with terms of the Power Sales Contract, to the power actually delivered to each City and by a method of sharing cost savings provided for in an economic dispatch arrangement. The above estimated cost of energy from the agency Projects reflects utilization of energy for meeting the power and energy requirements of the Cities, and does not consider sales of surplus power and energy to other utilities in the area. The Gibbons Creek Station is, over the period of study, operated at annual plant factors in the range of 50 to 60 percent. Any sales of surplus power and energy available to the Cities from the Agency Projects will reduce the cost to the Cities, assum- ing sales at a mark-up over fuel costs, as a minimum. CITIES' ELECTRIC SYSTEMS The aggregate generating capacity of the municipal electric systems of the Cities is 927 MW. which will be reduced to 917 MW with the planned retirement of Bryan's units I and 2, in 1983. In Rscal 1981 the Cities provided electric service to almost 67.000 customers. Revenues derived from sales of electricity in fiscal 1981 were more than 5197 million and system energy requirement.t were almost 2.4 billion kWb. Most of the generating facilities of the Cities rise natural gas as the primary fuel. The Cities' source of natural gas is from Lone Star Gas Company ("Lone Star"). On November 7, 1977, the Cities entered into gas purchase agreements, replacing prior agreements, with Lone Star which expire on December 31. 1984, and a gas transfer agreement between themselves and Lone Star which permits the Cities to transfer gas purchased from Lone Star among themselves. 13 01-94) Texas %lunicipal Power (01) -7095 Under the Lone Star agreements, deliveries are subject to curtailment and the price is subject to escalation. For the month of September, 1952, the price to the Cities under the Lone Star agreements was $4.02 per million Btu. The price of gas purchased by the Cities from Lone Star under the agree- ments may be limited by the price ceilings established by the Natural Gas Policy Act of 1918. The Lone Star agreements contain maximum and minimum limits on the amount of gas the Cities may take from Lone Star, and involve a penalty if the Cities take less than the minimum amount. Beczuse the commercial operation dates for Gibbons Creek and Comanche Peak have been revised since the 1977 projections, when the gas contract was negotiated, the Cities now estimate that more gas may be needed during 1953 than they have scheduled under the contracts, or than may be avail. able under the contracts. Preliminary discussions have begun among the Cities, Lone Star and others regarding the availability of the additional gas as well as other alternatives. The Omnibus Budget Reconciliation Act of 1981, enacted August 13, 1981 eliminated the prohibi- tion previously imposed by the Federal Power Plant and Industrial Fuel Use Act of 1978 on the use of natural gas as a primary fuel source for existing plants. Such Act, however, requires the filing of a conservation plan with the Secretary of Energy for a reduction of natural gas usage, which plan must provide for a means to conserve electric energy not later than five years after the plans are approved in an amount equal to 101'b of the electric energy output of such utilih' attributable to natural gas from the 1950.81 usage, Each City has limited fuel oil storage facilities and certain generating units capable of using fuel oil as a standby fuel. The aggregate capacity of fuel oil storage facilities available to the Cities is approximately 130,000 barrels. The aggregate generating capability of units capable of using fuel oil on a continuous basis is 324 MW, with most of the remaining units capable of using fuel oil on a limited basis. Bryan The City of Bryan is the county seat of Brazos County, 100 miles northwest of Houston. Accord- ing to the 1950 census, Bryan's population was 44,337, an increase of 31% from the 1910 census. Located at the center of a seven county economic development district, Bryan has attracted more than 50 manufacturing firms to the community. The area is also a major market locally for ranching and agriculture with abundant water and hydrocarbon fuel deposits. Bryan's Rural Electric System serves an area of approximately 700 square miles, siwated in parts of three counties. The Bryan-College Station Standard Metropolitan Statistical Area SMSA") population increase from 1970 to 1980 was the sixth largest percentage increase of all SMSAs in the nation. Mineral activity has increased during the last few years in the seven-county Brazos Valley area around Bryan, lncluding lignite, oil and gas production. Brazos County is on the eastern boundary of the productive section of the Austin Chalk geological formation, known as the Giddings Field. The Bryan electric system consists of two plants. One has six gas-fired steam turbine generating units and one combustion turbine generator. The other is a gas-fired steam turbine generating unit having a capability of 100 MW and was put into commercial operation in May, 1978. The two plants give the City an aggregate capability of 240 MW; however two of the gas-fired units, with 10 MW capacity, are scheduled to be retired in 1983, resulting In an aggregate capability of 230 MW. The City of Bryan operates its municipal electric, water, and sewer systems as a single municipal utility. The City of Bryan has •518,925,000 principal amount of utility revenue bonds outstanding. Denton The City of Denton is the county seat of Denton County, and is located within 35 miles of both Dallas and Fort Worth. The 1980 population was 48.0133. a growth of 21p1o from the 1970 census. 19 01.34) Texas Municipal Power (0S.) - 7093 Denton is the home of both North Texas State University and Texas Woman's University with a combined enrollment of approximately 25,000. Over 50 industrial firms provide diversity to the Denton economy. The Denton electric system has five diesel generating units and five gas-fired steam turbine units with an aggregate capability of 168 NSW. The City of Denton operates its electric system as a separate utility and has $22,253,000 principal amount of electric revenue bonds outstanding. Garland The City of Garland is located in northeast Dallas County, approximately 14 miles from down- town Dallas. The 1980 census population was 138,357, an increase of 71%, over 1970. An annual payroll of $115 million is contributed to the Garland economy by more than 300 diversified industrial firms. i The Garland electric system has two gas-fired steam generating plants with an aggregate capability of 424 MNV. Texas Power & Light Company has operated in Garland since 1915, and currently serves about 15% of the electric customers in the city. The City of Garland operates its electric, water and sewer systems as a single municipal utility and has outstanding $98,195,000 principal amount of utility revenge bonds. Greenville The City of Greenville is located 45 miles northeast of Dallas and is the county seat of Hunt County. The Greenville economy is based primarily on light manufacturing, agri-business, and ranch- ing. The 1980 census population was 22,161, up only slightly from the 1970 census. The Greenville electric system has three gas-fired steam turbine generating units and eight gas-fueled diesel electric generators for use during periods of peak demand. The aggregate capability of the Greenville system is 95 MW. The City of Greenville operates its electric, water and sewer systems as a single municipal utility and has $24,940,000 principal amount of utility revenue bonds outstanding. 20 (M-34) Tesu Munkipd Foyer (0 -S.) - 7093 Historical City Electric Utility Operating Statistics 1977 1978 1979 1960 1981 City of Bryan Average Number of Customers Residential 13,I09 14,073 14,281 14,942 15,985 Commercial h industrial 1,664 1,948 1,965 2,038 2,133 Other 177 178 183 179 164 Total Customers 15,150 16,199 16,429 17,159 18,302 Kilowatt-Hour Sales (000) Residential 125,447 151,074 136,439 157,334 163,677 Commercial & Industrial 133,319 I46,735 143,163 148,894 162,018 Other( 1)(2) 236,727 177,056 1337,186 149,506 144,251 Total Sales 495.551 474,865 412,788 455,734 469,946 Revenue Per kWh of sales (mills) 35.9 39.9 38.8 47.6 55.1 City of Danton Average Number of Customers Residential 12,445 12,931 13,870 I5,705 16,225 Commercial b Industrial 2,410 2,603 2,608 2,420 2,186 Other . 312 310 312 134 145 Total Customers 15,167 15,1514 16,790 18,259 18,556 Kilowatt-Hour Sales (000) Residential 133,951 150,615 132,534 167A6 173,460 Commercial 6 Industrial 295,017 284,290 276,199 301,982 308,348 Other(2) 21,960 23,106 23,579 24,04I 17,288 Total Sales 450,928 458,011 432,312 493,309 499,096 Revenue Per kWh of sales (mills) 37.3 400 41.5 43.4 51,8 City of Garland Average Number of Customers Residential . 29,770 31,970 33,772 35,829 37,234 Commercial & Industrial 2,257 2,378 2,580 2,727 3,008 Other 167 170 178 181 182 Total Customers 32,194 34,518 36,530 38,737 40,514 Kilowatt-How sales (000) Residential . 508,007 575,196 544,268 608,207 589,922 Commercial do Industrial 555,073 571,416 561,114 567,281 554,470 Other(4) . 61,211 63,644 59,125 68,836 60,316 Total Sales 1,126,35I 1,212,258 1,165,107 1,242,324 1,2A4,168 Revenue Per kWh of sales (mills) , 30.3 32.0 35.0 37.8 453 City of Greenville Average Number of Customers Residential 7,651 7,1161 7,970 7,994 8,177 Commercial h Industrial 1,037 1,049 1,018 1,200 1,200 Other . 57 S9 65 83 70 Total Customers 8,745 6,969 9,033 9= 9,450 Kilowatt-Hour Sales (000) Residential 73,905 78,707 76,951 85,845 77,867 Commercial & Industrial 127,174 131,304 132,779 127,182 141,171 Other(s) 5,938 7,020 7,198 61939 7,070 Total Saks 207,017 417,101 218,928 219,748 226,114 Revenue Per kWh of sales (mills) 38.2 42.9 43.7 48,8 60.8 Total Average Number of Customers 71,258 75,530 78,8171 83,412 88,824 Total Kilowatt-Hour Sales (000)(2) 2,279,849 4,362,233 2,227,135 4,411,113 4,399,924 (1) Includes sales of power to the City of College Station, which sales were discontinued in janutuy,1959, (2) Does not Include sales to the other Cities and Brazos. 21 (%1-34) Texas %lunicipal Power ( O.S. ) - 7095 Historical City Utility Systems Operating Results The following table shows historical operating results of the utility systems of the Cities. Amounts due under the Contract are payable solely from electric system revenues as an operating expense thereof. The information presented has been summarized from data contained in the Enancial reports of the Cities' utility systems. Condensed utility systems balance sheets for each of the Cities are included herein as Appendix B. (Dollars in Thousands) Bryan(&) 1977 1978 1979 1980 1981 Electric System: Revenues: Residential 5,359 7,052 8,948 8,460 10,308 Commercial and Industrial 5,131 8,171 8,587 7,378 9,254 Other(b) 7,647 7,199 7,237 9,028 10,632 Total 18,147 20,422 20,772 24,682 30,194 Expenses Other than Depreciation: Fuel 11,443 11,537 13,261 15,429 19,585 Other 1,458 2,749 1,605 2,967 3,882 Total 12,901 14,288 14,8¢8 18,387 23,467 Net Operating Revenues 5,248 8,138 7908 8,475 6,727 Non-Operating Revenues (Net) (c) (c) 355 (c) (c) Total Electric System Net Revenues _T2 48 8,We 8261 8,475 8,127 Water and Sewer Systems: Revenue 2,852 3,131 2,777 2,791 2,958 Expenses Other than Depreciation 1,19 1,421 1,391 1,711 2,030 Total Water & Sewer Net Revenues 1,653 1,710 1,386 1.080 928 Other Revenues (Net) 254 513 552 710 1,124 Total Net Revenues(s) 7,153 8,359 8,199 8,265 8,779 Debt Service on Utility Revenue Bonds(E) 3,880 3,918 4,202 2,857(g) 4,424 (a) Operating Results are for the fiscal years ended September 30th. In 1976, Bryan changed its fiscal year to one ending September 30th (from June 30th) and, as a consequence, the 1977 Operating Results for Bryan, other than the Electric System, are an So% proration of the results for such 15-month period. (b) For Bryan, Includes sales of power to the City of College Station, which sales were discontinued in January, 1979. (c) Included In Other Revenues (Net). 22 (M34) Texas Mr--6pal Power (0 S.) -7095 I Bryan, Garland and Greenville each operates its electric, water, and sewer systems as a single municipal unity, while Denton's electric system is operated as a separate utility. Information relating to water and sewer systems is presented for informational purpo;es only. (Dollars in Thousands) Denton(a) Garland(s) Greenville(a) 1977 1978 1979 1950 1981 1977 1978 1979 1980 1981 1977 1978 1979 1960 1981 5,660 6,575 6,038 7,600 8,327 18,580 22,281 21,131 25,028 30,802 9,272 3,839 4,122 4,372 5,341 10,363 10,979 11,051 12,629 15,983 13,880 16,591 18,595 26,148 35,505 4,557 5,349 5,223 5,681 8,I35 1,685 1,089 1,121 1,518 1,6,5 2,989 5,911 5,067 698 453 270 195 393 733 408 17,708 18,643 18,228 21,747 25,985 35,449 44,783 44,733 53,672 68,,62 8,099 9,403 9,638 10,766 13,904 10,380 11,179 11,090 14,383 18,034 20,336 28,715 29,369 36,778 47,492 4,531 5,266 4,937 6,644 9,II0 2,293 2,414 2,614 2,620 3,971 6,182 5,889 6,761 6,704 8,281 1,216 1,665 2,04 2,396 2,085 12,673 13,593 13,704 17,003 22,025 28,498 34,604 38,I30 43,482 53,773 5,747 6,931 7,201 9,040 11,195 5,035 3,050 4,524 4,744 3,960 8,951 10,1,9 8,603 10,390 10,989 2,352 2,472 2,437 1,726 2,709 235 317 464 794 1,177 319 438 733 711 966 36 (c) (c) (c) (c) 3,270 5,367 4,988 3,538 5,137 9,270 10,617 9,336 1I,1 1 -11,955 2,388 2,473 2.437 1.726 2,709 (d) (d) (d) (d) (d) 6,272 11,275 11,231 12,852 I2,353 11437 1.242 1,473 1,498 1,528 (d) (d) (d) (d) (d) 4,184 5,562 6,243 7,374 7,990 541 609 653 768 918 4,088 5,713 4,988 5,478 4,363 596 633 822 730 810 (d) (d) (d) (d) (d) 353 557 879 824 833 362 488 30I 426 937 370 3367 4,988 3.338 3,137 13,712 16,88, 15,203 11,403 11,131 3,448 1.59'3 3.580 2,&92 4,258 1,831 737(h) 1,886 1,886 1,851 6,271 6,950 7,199 7,633 8,937 1,682 1,771 1,789 1,790 1,829 (d) Denton's water and sewer systems are operated separately from its electric system. (e) Before derreciation, interest expense, tax equivalents and/or contributions to General Fund. (f) bladmum debt service scheduled on outstanding bonds; Bryan 55,33049 in 1984; Denton $2,153,323 In 1984; Garland $10,364,938 in 1983; Greenville $2,791,126 in 1998. (g) Excludes amounts Included in the City's 1980 Refunding Bonds. (b) Excludes amounts included in the City's 197S Refunding Bonds. 23 (M,34) Te;w Municipal Power (O.S.) - 700.5 9 j - DEBT SEMTCE REQUIREMENTS (Dollars in Thousands) Series 1982A Boods Debt Service Total Year Ending vn Outstand• Debt Service September l in; Bands Principal( I I Interest Total Requirements 1983 105,631(2) 6,639(2) 6,639(2) 112,270(2) 1984 109,121(2) 7,966(2) 7,966(2) 117,087(2) 1985. 115,953(2) 7,966(2) 7:966(2) 123,919(2) 1988. 117,509 635 7,966 8,601 126,110 1987 117,526 685 7,919 8,604 126,130 1988 117,523 745 7,864 8,609 126,132 1989 117,530 8t)5 7,802 8,6N 126,137 1990 117,527 880 7,734 8,614 128,141 1991 117,524 955 7,657 8,612 126,136 1992 117,527 1,045 7,571 8,616 126,143 1993 11.7,317 1,140 7,474 8,614 126,131 1994. 117,499 1,255 7,W6 8,621 126,120 1995 117,502 1,Ma0 7,244 8,624 126,126 1996. 117,4&4 1,325 7,106 8,631 126,119 1997 121,818 1,685 6,952 8,637 130,455 1999 121,827 1,565 6,780 8,645 130,472 1999. 121,829 2,065 6,588 On 130,482 2000 121,337 2,290 6,373 8,683 13'),500 2001 121,836 2,535 6,135 8,670 130,306 2002 121,839 2,510 5,869 8,679 130,518 2003 109,613 3,110 5,574 8,684 118,297 2004 109,600 3,450 5,247 8,697 118,297 2005 . 109,607 3,830 4,885 8,715 118,322 2008 109,615 4,255 4,473 8,728 118,343 2007 109,622 4,720 4,015 8,736 118,358 2008 109,632 3,240 3,508 8,748 118,380 2009 . 109,637 5,815 2,945 8,760 118,397 2010 109,658 6,460 2,320 8,7S0 118.439 2011 109,669 7,165 1,825 8,790 118,459 2012 . . . 83,518 7,953 855 8,810 94,328 (1) Serial maturities and mandatory redemption requirements for Term Bonds due 2012. (2) Principal payments of $690,000, $4,215,000 and $11.270,000 are due in 1983, 1984 and 1985, respectively. All interest on the Bonds, however, has been funded through \larch 31, 1984 and. for certain portton.~ of the Bonds relating to Comanche Peak, through August 31, 1983. 24 (NJ4) Texas Municipal Power (O.S.) - 7095 SUMMARY OF CERTAIN PROVISIONS OF THE P01VER SALES CONTRACT Sale of Power and Energy Except in the event a City exercises one of the options discussed below, the Contract requires each City to purchase from the Agency all of the power and energy required for the operation of its electric system in excess of the amount (i) supplied by any generation and transmission facilities owned by it on October 7, 1976, (the date of the delivery of Series 1976 Bonds), including facilities render construction on such date and improvements or extensions of generating facilities which in- crease the rated capacity thereof, so long as the increase during any period of two successive fiscal years of the Agency does not exceed 10 percent of the rated capacity of such generating facility at the beginning of such period unless all of the Cities and the Agency waive such limitation and (ii) supplied from any generating facility constructed and owned by one or more of the Cities and primarily fueled from and the construction and operation of which is incidental to the disposal of solid waste. The Cities are also free to purchase or exchange power and energy with others than the Agency (A) on an emergency, maintenance or standby basis, (B) on the basis of economic dis• patch between the Cities and Brazos or any one or more of such entities, or (C) under the existing pooling agreement between the Cities and Brazos and fr,ture pooling agreements among them and others, or any combination thereof, and the Agency. The Contract also requires the Agency to per- form certain other services for the Cities. These include comprehensive planning, and undertaking or coordinating design and economic dispatch. The Agency is required to devote its best efforts to the acquisition of power and energy required to meet the requirements under the Contract. If it is unable to meet such requirements, it shall allocate its available power and energy among the Cities on a pro rata basis, unless a governmental agency requires a different allocation, and other power purchasers as may be prodded by contract, and the Cities shall be permitted during said inability of the Agency to purchase only such amounts of power and energy as are not supplied by the Agency. The Contract will remain in effect for a period of thirty-five years from September L 19176 or until all Bonds and certain other indebtedness permitted by the Resolution are paid, whichever occurs later. Purposes For Which Bonds May Be Issued; Approvals Required Jknds may be issued in connection with Projects, Development Projects and System Develop- ment and Reliability Expenditures. No approval of the Cities is required for the issuance of Bonds for a Development Project, Prior to the issuance of the initial series of Bonds to finance a Project (other than Gibbons Creek which, by the terms of the Contract, is approved) or to finance System Development and Reliability Expenditures, the Agency is required to submit a written notice to each City containing a general description of the Project proposed, the projected sources and uses of funds in connection therewith and a statement of the Agency's opinion that such proposed Project is necessary for the Agency to meet its commitments under the Contract and is economically feasible. Each City is required thereafter to notify the Agency within 80 days of its approval or disapproval, and failure to -,Hfy the Agency within such period is deemed to constitute approval. if all of the Cities indicate their approval, or are deemed to have approved, the Agency may issue Bonds therefor without the necessity of any further approvals by the Cities. If one or more Cities disapprove and elect Option Two, hereinafter discussed, the Cities which approved may notify the Agency of their desire to commence the Project and if the Agency determines that the Project is still feasible, it may issue Bonds therefor. If any disapproving City elects Option One, then no additional Bonds, which are payable from the net revenues of the System, may be issued for such proposed Project or any future proposed Project. Election of Options Upon Mapprocal Any City disapproving a proposed Project Is required to elect one of two options set forth in the Contract. The effective date of the option elected shall be the first day of the fiscal year of the Agency wh;rh s, more than 90 days after the date the City disapproves a Project. 25 (%1,34) Tex1J Municipal Pot en (01.) --'095 Option One. If any disapproving City elects the first option ("Option One"), all Cities shall thereafter be entitled to schedule and receive the same proportion of the available power and energy from the System as their respective Net Ener,y for Load bears to the total Net Energy for Load of all Cities for the corresponding month of the completed fiscal year of the Agency next preceding the effective date of said Option and shall be obligated to pay to the Agency tha same percentage of the Annual System Costs, Option Two. If any disapproving City elects the second option ("Option Two") and no disap- proving City elects Option One, the disapproving City shall take or pay for an amount (not a percentage) of power and energy equal to the amount of power and energy purchased by such City from the Agency during the corresponding month of the 12 consecutive month period pre- ceding the calendar month of the effective date of the exercise of said Option or such other amount as may from time to time be agreed upon by such City, the Agency and the other Cities at the rates and charges established under the Contract. The amount due from each City after any City elects Option One and the amount due from any City which elects Option Two shall be due and payable irrespective of whether any power and energy is delivered or made available for delivery. Rates and Charges The Contract provides that the rates and charges for power, energy and services shall be (1) nondiscriminatory, (2) fair and reasonable and be based on the cost of providing the power, energy and services with respect to which the rates or charges are based and (3) adequate (after taking Into consideration other moneys received or anticipated to be received) to pay or make provision for paying Annual System Costs. Payments by Cities Except in the event of the exercise by a City of Option One, in which case each City is obligated to pay its share of Annual System Costs as explained above, the Cities are obligated to pay for power, energy and services pursuant to rates and charges established therefor by the Agency. In addition, each City has covenanted that whenever the amount of money on deposit to the Bond Fund is less than the full amount required to be on deposit therein, without giving consideration to transfers made from other than the Revenue Fund or from Bond proceeds (provided that transfers may be made from the Reserve Fund to the Bond Fund for not more than two consecutive months) it will pay directly to the custodian of the appropriate fund its Percentage Share of that amount which will be sutficlent to establish or reestablish the amount required under the terms of the Resolution to be on deposit in the Bond Fund, the Reserve Fund and the Contingency Fund. The obligation of the Cities to make such payments is absolute and unconditional and does not depend upon whether the Agency is in compliance with the provisions of the Contract or whether power and energy are available to the Cities from the Agency. The Contract recognizes that the holders of Bonds shall be third party beneficiaries to such covenant. Each City's portion of such payments, if required, shall be determined, except as described below, on the basis that each City's Net Energy for Load for the preceding fiscal year of the Agency bore to the total aggregate Net Energy for Load of all Cities for such fiscal year of the Agency, and the sum of adjusted percentages shall equal 100%. If any City should disapprove a future Project and elect Option One, such percentages shall be fixed for each City at the percentage its Net Energy for Load bore to the Net Energy for Load of all Cities for the fiscal year of the Agency next preceding the effective date of said Option, If any City disapproves a Project and elects Option Two, the amount of its Net Energy for Load for the purpose of annual adjustments of the percentages sha,: be fixed at its Net Energy for Load in the fiscal year of the agency next preceding the effective date of said Option. In any Instance, except that occasioned by the failure of a City or other power purchaser to pay for power and energy, in which the funds of the Agency are insufficient to pay OperAting and 26 (M-04) Tesai Municipal Power (O.S.) -?093 Maintenance Expenses or other expenses (other than amounts required to be paid into the Bond Fund, Reserve Fund and Contingency Fund as described above) payments shall be made to the Agency by the Cities in the Percentage Shares determined as set forth above. In the event that the Agency is held to be in default under the provisions of the Resolution by reason of the inadequacy of payments required to be made by the Cities under the Contract, the Cities shall cure the default by making payments in the Percentage Shares determined as set forth above. Under certain circum- stances a new power purchaser or a new member of the Agency (see "Re-creation of Agency") may assume primary liability for making certain payments to the Agency, including the obligation to make payments to the Custodian of the Bond Fund referred to above, but such assumption shall not discharge the liability of the Cities and the Cities shall remain secondarily liable to make such payments. The covenant of the Cities to make payments directly into the Bond Fund, Reserve Fund and Contingency Fund applies to all Bonds issued in order to fully provide funds for (1) Projects approved under the Contract, including the design, construction and placing of such Project in commercial operation or to meet any requirement of law, including those of a regulatory agency having jurisdic- tion, or to pay judgments or casualty losses not covered by insurance, o, to meet a safety or overriding public necessity, and (if) certain other purposes. The Agency has covenanted in the Resolution that it will not issue any additional Bonds under the Resolution unless the Agency has obtained an opinion from bond counsel, selected by it, that the additional Bonds are payable from the same sources and are secured in the same manner as the outstanding Bonds and that the obligation of the Cities to make payments directly into the Bond Fund, Reserve Fund and Contingency Fund as described above is equally applicable to the additional Bonds. The Contract provides that all payments by a City under the Contract, including any payments required to be made to the Custodian of the Bond Fund, shall constitute an operating expense of its electric system payable solely from the revenues and receipts of such electric system. Re-creation of Agency Under the Act, the Cities are given the authority to recreate the agency by the addition or deletion, either or both, of a public entity as defined in the Act, so long as there is no Impairment of obligation of any existing obligations of the Agency. Unless certain procedures are followed, each City covenants and agrees that it will not join with any of the other Cities to recreate the Agency so as to delete a City but the obUgation to make payments directly into the Bond Fund, Reserve Fund and Contingency Fund referred to above shall remain unaffected until the Bonds theretofore and thereafter issued for completion of Projects have been paid and retired. After the Agency receives notice of the intent of a City to withdraw, no Bonds payable from the net revenues of the system shall be issued for a new Project. Unless certain procedures are followed, each City covenants not to join with any other entity to recreate the Agency by the addition of an entity unless the entity being added expressly either (I) assumes the primary liability for a pro rata share of the Bonds and subordinated indebtedness of the Agency then outstanding (which shall not discharge the liability of those who were obligated when such debts were incurred, A ho remain secondarily liable) as well as the obligation to make payments, directly to the Bond Fund, Reserve Fund and Contingency Fund referred to above, and assumes thereafter to pay its share of the remainder of the Annual System Costs, or (ii) agrees that it will be obligated only with respect to the payment of Annual System Costs for projects which are approved after the re-creation of the Agency, but in no event shall thu Cities be relieved of the obligation, referred to above, to pay the amounts required to be paid inti the Bond Fund, Reserve Fund and Contingency Fund with respect to all Bonds theretofore or thereafter issued without regard to such new entity. The Agency and the Cities must approve which of these two choices Is made by the new entity, 27 (\t-Si) Texas Municipal Power (0.5.) -7095 Rate Covenant of Cities Each City covenants to establish, maintain and collect rates and charges for the electric service of its electric system which shall produce revenues at least sufficient, together with other revenue available to such electric system and available electric system reserves, to enable it to pay to the Agency, when due, all amounts payable by such City under the Contract. Sale of Electric Distribution System by Cities; Assignment of Rights Under the Contract and the Resolution, no sale or other disposition by a City of its electric utility distribution system as a whole or substantially as a whole may become effective during the term of the Contract. A City may assign its rights under the Contract but such assignment shall not relieve such City of its obligations under the Contract during the time any Bonds are outstanding, Amendments The Contract may by its terms be amended by the Agency with the consent of all the Cities except that the covenant to make payments directly into the Bond Fund, the Reserve Fund and the Contingency Fund, the provision relating to re-creation of the Agency and certain other pro- visions may not be amended. SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION Pledge of Revenues and Funds; Application of Revenues The payment of the principal of, premium, if any, and interest on the Bond! is secured by an irrevocable first lien on and pledge of (f) the Net Revenues and (ii) all funds, including investments thereof, confirmed by the Resolution, other than the Revenue Fund, and the Revenue Fund subject to the payment of Operating and Maintenance Expenses. The Resolution confirms the following funds for the application of the revenues of the Agency: Fundy Held By Revenue Fund A Depository Bond Fund Custodian of the Bond Fund Reserve Fund Custodian of the Reserve Fund Contingency Fund A Depository Corstructiou Fund A Depository InterFirst Bank Dallas, N,A,, Dallas, Texas, has been appointed Custodian of the Bond Fund and the Reserve Fund. The Chase Manhattan Bank N.A., New York, New Yo,k and BancTEXAS Dallas N.A., Dallas, Texas, have been appointed Paying Agents, and BancTEXAS Dallas N.A., Dallas, Texas, has been appointed Registrar for the Series 1982A Fonds. Under the Resolution, the Agency may change any Custodian for cause. There is no trustee appointed under the Resolution. Revenue Fund Pursuant to the Resolution, the Cross Revenues of the Agency shall be deposited as received into the Revenue Fund. Amounts on deposit In the Revenue Fnnd shall be used In the following order of priority: (1) for the payment of Operating and Maintenance Expenses as they become due; (2) for required deposits Into the Bond Fund; (3) for deposits In the Reserve Fund to the extent required by the Resolution; 28 (MJ4) Texu Municipal Poww (O.S.) - M95 f- (4) For deposits into the Contingency Fund to the extent required by the Resolution; (5) to cure any deficiency in the Bond Find, Reserve Fund or Contingency Fund, in that order; (6) for other lawful purposes, including: ;a) deposits into a Fuel Reserve Account, e.,tablished as part of the Revenue Fund for use in paying the cost of fuel acquisition or replacement or fuel worling capital; and (b) distribution to the Cities if the Board of Directors of the Agency determines that amounts so to be distributed are not required for the foregoing purposes. Bond Fund Amounts in the Bond Fund shall be used for the payment of the principal of, premium, if any, and interest on the Bonds as the same become due or are required to be called for redemption, and for the purchase of Bonds for credit against mandatory redemption requirements. On or before the 25th day of each month, the Board of Directors of the Agency shall cause to be transferred from the Revenue Fund to the Bond Fund in equal monthly installments the amount determined by the Board of Directors of the Agency to be necessary to provide for the payment of the principal of, premium, if any, and interest on the outstanding Bonds as the same become due or are required to be called for redemption. In the event the moneys in the Revenue Fund are not sufficient to permit the required transfers to the Bond Fund, the amount of the deficiency shall be transferred to the Bond Fund from other funds as provided in the Resolution. Reserve Fund The agency shall maintain in the Reserve Fund an amount equal to the Average Annual Debt Service of the outstanding Bonds calculated as of the date of, and giving effect to, the last series of Bonds delivered. In the event that the moneys in the Revenue Fund are not sufficient to make any required transfer to the Bond Fund, an amount equal to the deficiency shall be transferred to the Bond Fund from the Reserve Fund, unless such amount has been transferred to the Bond Fund from the Contingency Fund. Any deficiency in the Reserve Fund resulting from transfers to the Bond Fund shall be made up by not more than 36 equal monthly deposits into the Reserve Fund. Any moneys in the Reserve Fund in excess of the amount required to be on deposit therein not required to be trans- ferred to the Bond Fund to make up any deficiency therein m:,, be transferred to the Revenue Fund. Contingency Fund The Agency shall deposit into the Contingency Fund not less than $2,000,000, or such greater amount as may be determined by the Agency and the Cities, from the proceeds of Bonds or other funds of the Agency available therefor, on or befpre the date of commercial operation of the initial electric generating facility owned in whole or in part or operated by or on behalf of the Agency. (The sum of $2,000,000 was deposited to the Contingency Fund from the proceeds of the Series 19SO Bonds.) Any deficiency in the Contingency Fund shall be made up by not more than 36 equal monthly transfers from the Revenue Fund, and any moneys in the Contingency Fund in excess of the amount required shall be transferred to the Bond Fund or Reserve Fund to make up any deficiencies therein, and otherwise to the Revenue Fund. if funds are not otherwise avaiiable for such purposes, moneys in the Contingency Fund may be used to pay the cost of (a) extraordinary renewals, replacements and additions to and extensions of the System required for its continuing operation, and (b) extra- ordinary operation and maintenance costs of the System. If the amount of money on hand in the Bond Fund and the Reserve Fund is not sufficient to pay the principal of, premium, if any, or the interest on the Bonds when due, amounts on hand in the Contingency Fund shall be transferred to the Bond Fund to cure the deficiency. 29 (51.34) Texae Municipal Power (0 S.) - 4095 _ Construction Fund The Agency shall deposit into the Construction Fund such amounts as are required by the Resolution to be applied to the payment of the cost of acquisition and construction of facilities financed by the issuance of Bonds. Upon the substantial completion of a Project, moneys in the Construction Fund allocable to such Project shall be deposited in the Bond Fund or the Reserve Fund to make up any deficiencies therein, and, in the absence of any such deficiencies, may be deposited in the Bond Fund for use in retiring Bonds prior to maturity or used for the payment pf the cost of acquisition and construction of facilities financed by the issuance of Bonds, as the Agency may direct. I Incestment o/ Moneys in Funds Moneys in the Bond Fund and the Reserve Fund shall be invested by the Custodian in Invest- ment Securities upon instruction from the Agency. Moneys in the Revenue Fund, Contingency Fund and Construction Fund may be so invested by the Agency. The Agency will prudently select invest- ments based on the recognition of when the moneys being so invested will be needed for the purpose for which they were originally deposited. In computing the amount in any fund, obligations purchased shall be valued at the amortized cost thereof. i Additional Bonds The Agency may issue additional Bonds in one or more series as needed from time to time for the lawful purposes of the Agency with respect to the System, including payment of the principal of, premium, if any, and interest on any subordinated indebtedness issued for such purposes. All additional Bonds shall be payable from the same source and secured in the same manner on a parity with all other Bonds. Additional Bonds may be issued only if the following conditions have been met: (a) The Agency is not in default under the Resolution or in the payment of subordinated indebtedness. I (b) The issuance of the additional Bonds is permitted under the laws of the State of Texas. (c) The resolution authorizing the additional Bonds reaffirms the provisions of the Resolution with regard to deposits to be made into the Bond Fund for the payment of Debt Service and specifies the amount of Bond proceeds, if any, to be deposited in any fund established in the Resolution; and (if) provides for the deposit in the Reserve Fund of an amount such that the total amount on deposit therein is not less than the Average Annual Debt Service on all out- standing Bonds including the additional Bonds. (d) The Agency has obtained a certificate from each City showing a forecast of operating results of its electric system which demonstrates the ability of each City to meet the obligations, including payments to the Agency, payable from the revenues of its electric system for the period of (f) ten ensuing fiscal years of each City or (fi) each ensuing fiscal year of each City until the third fiscal year after the latest estimated completion date of any Project previously approved by the Cities, whichever is later; and an indenendent engineer or engineering firm retained by the Agency has reviewed such forecast and has executed a certificate to the effect that in his opinion such forecast is reasonable and that the Agency will have the ability to meet Its obligations during each fiscal year of the forecast period. (e) The Agency has obtained a report from an Independent certified public accountant Indicating that the Net Revenues (1) for the fiscal year next preceding the date of the additional 30 (MJ4) Texas Munkipal Power (01) - M95 Bonds or (ii) for 12 consecutive months out of the 13 months next preceding the date of the additional Bonds, were equal to at least 1?5 times the Debt Service for such perod, excluding any Bond proceeds deposited in the Bond Fund for the payment of interest, except that such require- ment is not applicable to additional Bonds issued for the purpose of completing the financing of a Project for which Bonds have been issued. Y (f) The Agency has obtained an opinion from bond counsel, selected by it, that the additional Bonds are payable from the same sources and secured in the same manner as the then outstanding Bonds and that the obligation of the Cities to make payments directly into the Bond Fund, Reserve Fu-d and Contingency Fund under certain circumstances, as described in "Summary of Certain Provisions of the Power Sales Contract - Payments by Cities", is equally applicable to the additional Bonds. (g) From and after one year from the date of commercial operation of an electric generating facility, the proceeds of Bonds (other than accrued interest) may not be used for the purpose of paying interest on any outstanding Bonds issued to provide funds for such facility. Refunding Bondi The Agency may issue Bonds to refund all or any part of its outstanding Bonds, provided that the requirements for the issuance of additional Bonds shall be met, except that if the Debt Service for the refunding Bonds will in each year be less than the Debt Service for the Bonds being refunded, the requirements described in paragraphs (d) and (e) under "Additional Bonds" above shall not apply. Subordinated Indebtedness The Agency may issue evidence of indebtedness for any purposes set forth in the Act secured by a pledge, subordinated in all respects to the pledge in favor of the Bonds, of Net Revenues as may from time to time be available for the purpose of payment thereof after the payments required to be made into the Bond Fund, the Reserve Fund. the Contingency Fund and any additional fund estab- lished by the Resolution. Incurrence of Other Indebtedness The Resolution does not restrict the incurrence of other indebtedness by the Agency payable out of any source other than the Net Revenues and funds pledged for the payment of the Bonds. Covenant as to Rates and Charges The Agency win, at all times while any of the Bonds are outstanding, estabhsb, fix, prescribe and collect rates and charges for the sale or use of electric power and energy or services produced, trans- mitted, distributed or furnished by the System which, together with other income, are reasonably expected to yield Net Revenues equal to at least 1,23 times the Debt Service of all outstanding Bonds for the fiscal year for which such rates and charges shall apply, excluding Bond proceeds deposited in the Bond Fund for the payment of interest in such fiscal year, and promptly upon any material change in the circumstances which were contemplated at the time such rates and charges were most recently reviewed, but not less frequently than once in each fiscal year, shall review the rate; and charges for electric power and energy and services and shall as necessary revise such rates 'Ind charges to comply with the foregoing requirement provided that such rates, charges and income shall in any event produce moneys sufficient to enable the Agency to comply with all its covenants under the Resolution and to pay all obligations of the Agency, including any subordinated Indebtedness. Certain Other Covenants Against Encumbrances. Except in connection with the acquisition of real property or fuel resources, the Agency will not create, a-,d will use its best effort to prevent the creation of, any 31 (fit-34) Trim Municipal Power (01) - 7093 mortgage or lien on the System or any part thereof or any property needed for the proper operation of the System or for the maintenance of the revenues therefrom. The Agency will not create, or permit the creation of, any pledge, lien, charge, or encumbrance upon Net Revenues or funds pledged for payment of the Bonds except as provided in or permitted by the Resolution. Disposition of Properties. The agency will not sell or otherwise dispose of any property needed for the proper operation of the System or for the maintenance of the revenues therefrom, with the exception of fuel, which may be sold by the Agency at a reasonable price if the Board of Directors of the Agency determines that such sale is in the best interest of the Agency. The Agency will not enter into any lease or agreement which impairs or impedes the operation of the System or which impairs or impedes the rights of the Bondholders with respect to the Net Revenues. Notwithstanding the foregoing, the Agency, with the prior written approval of the Cities, may sell an ownership interest in a portion of the System to another party and in consideration therefor acquire an ownership interest in property used in the generation or transmission of electric energy or other "electric facilities" as defined in the Act, provided that the ownership interest so acquired shall become a part of the System and shall be an Approved Project as that term is defined in thr, Contract. Maintenance of Revenues; Power Sales Contract. The Agency will at all times comply with all terms, covenants and provisions, express and implied, of all contracts and agreements entered into by it for electric power and energy furnished by or available to the System and all other contracts and agreements affecting or involving the System or the business of the agency with respect thereto. The agency shall promptly collect all charges due for electric power and energy and services supplied by it as the same become due, and shall at all times maintain and promptly and vigorously enforce its rights against any party who does not pay such charges when due. The Agency shall enforce the pro- visions of the Contract and duly perform its covenants and agreements thereunder. Insurance. Subject in each rase to the condition that insurance is obtainable at reasonable rates and upon reasonable terms and conditions, the Agency will procure and maintain, or cause to be pro- cured and maintained, at all times while any Bonds are outstanding, insurance on the System in such amounts and against such risks as are usually insurable in connection with similar systems and are usually carried by electric utilities operating similar systems (such insurance to be adequate in amount and as to the risks insured against, and to be maintained with responsible insurers) and public liability and property damage insurance as is usually carried by municipal electric utilities operating similar properties. The Agency may establish and create a special fund to be held by a depository for the purpose of providing a self insurance fund and the amount deposited in such fund in any fiscal year shall be charged as an Operating and Maintenance Expense. To the extent :,mounts may be held in such fund, the face amount of appropriate insurance policies may be reduced. Books and Records. The agency covenants that proper books of record and account will be keFt in which full, true and correct entries will be made of all income, expenses and transactions relating to the System. On or before 120 days after the close of each fiscal year, a statement for the preceding fiscal year showing the gross operating income and revenues, the operating and maintenance charges and the net operating income of the System and a balance sheet of the agency as of the end of such fiscal year, all certified by an independent certified public accountant, will be made available at the office of the Agency. The Agency further covenants that the System and all books, records, accounts, documents and vouchers relating to the construction, operation, maintenance, repair, improvement and extension thereof, will at all times be open to inspection by the holders of Bonds and their representatives. Reconstruction of the System; Application of Insurance Proceeds. If any useful portion of the System shall be damaged or destroyed, the Agency shall, as expeditiously as possible, continuously and diligently prosecute or cause to be prosecuted the reconstruction or replacement thereof, unless the Agency determines that such reconstruction or replacement is not in the interests of the Agency 32 (\t-74) Texas Municipal Power (0 S) -7095 and the Bondholders. The proceeds of any insurance paid on account of such damage or destruction, other than business interruption loss insurance, shall be paid into the ConStniction Fund and made available for, and to the extent necessary applied to, the cost of such reconstruction or replacement, if any. No Free Use of Facilities. None of the net electric power and energy owned, controlled or sup- plied by the Agency or other services shall be furnished or supplied free. If the Agency sells fuel or water developed or made available by or for the System, a reasonable charge therefor shall be made. Amendment of Contract. The Agency covenants that it swill not permit any amendment to the Contract or give any consent permitted or required by the Contract unless the Agency has obtained an opinion of bond counsel, selected by it, to the effect that such amendment or consent will not adversely affect the security of Bondhr'ters by lessening the amount to be paid to the Agency there- under or changing the source or nature of such payment. (See also "Summary, of Certain Provisions of the Power Sales Contract, Amendments".) Amendment of Resolution The Resolution and the rights and obligations of the Agency and of the holders of the Bonds may be modified or amended at any time with the written consent (i) of the holders of at least sixty per cent in principal amount of outstanding Bonds, and (ii) in case less than all series of outstanding Bonds are affected by the modification or amendment, of the holders of at least sixty per cent in prin- cipal amount of the outstanding Bonds of each series so affected, provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any specified series remain outstanding, the consent of the holders of Bonds of such series shall not be required and Bonds of such series shall not be deemed to be outstanding for the purpose of any calculation of outstanding Bonds. No such modification or amendment shall (A) extend the maturity of any Bond, or rednce the principal amount or redemption price thereof, or reduce the rate or extend the time of payment of interest thereon, without the consent of the holder or each Bond so affected, or (B) reduce the afoeesafd percentage of Bonds required for the affirmative vote or written consent to an amend- ment or modification of the Resolution without the consent of the holders of all of the outstanding Bonds. The Resolution and the rights and obl?gations of the agency and of the holders of the Bonds may be modified or amended at any tine by a supplemental resolution, without the consent of any Bond- holders, but only to the extent permitted b} law and only (I) to add to the covenants and agreements of the Agency contained In the Resolution or other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the agency; or (ii) to cure any ambiguity, or to cure or correct any defective provision contained in the Resolution, upon receipt by the agency of an approving opinion of bond counsel, selected by the Agency, that the same is needed for such purpose and will more clearly express the intent of the Resolution. Discharge of Indebtedness All outstanding Bonds of any series and ail coupons appertaining to such Bonds shall prior to the maturity or redemption date thereof be deemed to have been paid and shall cease to be entitled to any lien, benefit or srcuity tinder the Resolution, and all covenants, agreements and obligations of the Agency to the holders thereof shall thereupon cease, terminate and become void and be dis- charged and satisfied if (i) in case any of such Bonds are to be recitemed on any date prior to their maturity, the Agency shall have given notice of redemption of such Bonds on said date, and (ii) there shall have been deposited with the Paving Agents either (A) moneys in an arnount which shall be sufficient, or (B) Investment Secuntieo (including any Investment Securities issued or held in book-entry form on the books of the F)ePartmen, of the Treasury of the United States), the principal of and the Interest on which when due will provide moneys which, together with the monoYs if any, deposited with the Paying Agents g at the same time, shall be sufficient to pay when due the principal of if an premium, and Interest to become due on such Bonds on and prier to the redemption date or maturity date thereof, as the case may be. 33 (}t-94) Texas \lunt:ipal Power (01) -7095 Notice of Redemption of Bonds Notice of redemption (except as provided below) shall be given by publication at least once prior to the redemption date in a financial journal or newspaper of general circulation in The City of New York and a journal or newspaper published in Texas, such publication to be not less than • 30 days before such redemption date. If any Bond called for redemption is registered as to principal, notice of redemption thereof shall also be mailed, not less than 30 days prior to the redemption date, to the registered owner thereof, but neither failure to mail such notice nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption thereof. Each notice of redemption shall state the redemption date, the place of redemption, the principal amount and, if less than all, the distinctive numbers of the Bonds to be redeemed, and shall also state that the interest on the Bonds in such notice designated for redemption shall cease to accrue from and after such redemption date and that on said date the redemption price plus accrued interest will become due and payable on each of said Bonds. If at the time of giving notice of redemption there are no outstanding Bonds except Bonds registered as to principal, publication of such notice shall be deemed to have been waived if the Registrar executes a certificate to the effect that such notice was mailed to each registered owner of such bonds at his address as it appears on a ledger kept by the Registrar or at such address as he may have Bled with the Registrar for that purpose. Events of Default and Remedies of Holden Events of default specified in the Resolution include (f) failure to make any payment of prin- cipal of, premium, if any, or any installment of interest on, the Bonds, when the same become due and payable; (fi) default in any covenant, undertaking or commitment contained in the Resolution, the failure to perform which materially affects the rights of the holders of Bonds, and the can- tinuation thereof for a period of 60 days after notice of such default by any holder of any Bends; and (iii) the dissolution or liquidation of the .Agency, other than re-creation as provided by the Act or the Contract, the filing by the Agency of a voluntary petition in bankruptcy, the commission by the Agency of any act of bankruptcy, adjudication of the Agency as a bankrupt or assignment by the Agency for the benefit of its creditors, the entry by the Agency into an agreement of compo- sition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Agency in a proceeding for its reorganization under any applicable law or statute. Upon the happening and continuance of any such event of default, any bolder of Bonds may proceed against the Agency for the purpose of protecting and enforcing the rights of the holders of Bonds under the Resolution, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained therein, or thereby to enjoin any act or thing which may be unlawful or in violation of any right of the holder of Bonds under the Resolution, or any combination of such remedies. Each such tight or privilege shall be in addition to and cumulative of any other right or privilege and the exercise of any right or privilege by or on behalf of any holders of Bonds shall not be deemed a waiver of any other right or privilege thereof. If an event of default has occurred, then moneys of the Agency shall be applied first to the payment of interest on Bonds that has become due and second to the pro rata payment of the principal amount of and premium, if any, on Bonds outstanding which have become due. 34 (%1.34) Texas Municipal Power (O.S.) - 7095 SU'MNIARY OF CERTAIN PROVISIONS OF THE JOINT OWNERSHIP AGREEMENT The joint Ownership Agreement grants the A;eacy a 62%a undivided ownership interest In the Comanche Peak Station, and certain related nuclear fuel, the acquisition of such interest from • DP&L having now been approved by the NBC. The agreement establishes an Owners Committee, one member being designated by each owner, for the purpose of securing effective cooperation, interchange of information, and prodding consultation on a prompt and orderly basis among the parties. All decisions of the Owners Com• mittee are by agreement of representatives of o,vners whose ownership shares in the aggregate exceed 50%, but the decision of such majority must rot be arbitrary and capricious or contrary to the terms of the agreement. The representative of an owner who feels that a decision is arbitrary or capricious or is contrary to the terms of the agreement may require that the matter be submitted to a project consultant who will arbitrate the question. TUCCO is designated project manager and as such is responsible for the licensing, construc- tion, insuring, operation and maintenance of the Comanche Peak Station and for the procurement of nuclear fuel, the procurement of services for conversion, enrichment and fabrication of fuel, the licensing of the use of fuel, and its storage, transportation, disposition, use and reprocessing. The Agency is obligated to pay 6.217o of all future (I) construction costs, (it) nuclear fuel costs, and (ill) operating costs (after the station is placed into commercial operation) (iv) a man- agement fee of five percent of its pro rata share of operating costs and (v) a management fee of five percent of its pro rata share of fuel cost (subject to certain cost escalation limitations). Subject to certain operational exceptions, the Agency is entitled to receive 8.2% of the net power output that the station is capable of producing at any given time. The signatories to the agreement (i) with respect to third party tort and contract claims, are each respon761e for its ownership share thereof as a part of the project costs, except each is totally responsible for its own willful action, breach of the agreement and claims of its own customers; (ii) have no cause of action or remedies agairst each other for injuries to others, or damage to project property or property of others, by reason of the construction, operation or ownership of the station except for willful action or breach of the agreement (unless the breach is the failure to follow Prudent Utility Practice); (iii) have the right to sell or otherwise dispose of its Interest (subject to the right of first refusal of other owners); (Iv) are relieved of the obligation to perform when the same is prevented by an uncontrollable force; (v) are requited to pay any taxes due on their respective ownership Interest in the project; and (vi) waive the right of partition. The agreement is to continue in force, to the fullest extent permitted by law, so long as two or more parties continue to own an interest in the station. If the station is damaged or destroyed in whole or in part and insurance proceeds plus any deductible cover the estimated cost of repair or replacement, the station must be repaired or replaced, unless otherwise unanimously agreed. If the estimated cost of repair or replacement is not so covered, and all of the owners do not agree that the same is to be repaired or replaced, then any owner who does not agree to rio so Is obligated to sell its interest to the approving owners at a price specified in the agreement. The project manager is required to take necessary steps to surrender the operating license and to decommission or sell any affected portion of the Comanche Peak Station if directed to do so by final action of the NBC, or by 9 court of competent jurisdiction or by owners whose aggregate interests exceed 90c!o of the Comanche Peak Station. If an owner defaults in making any payment or performing an;, obligation at the time and In the manner specified, after receiving thirty days notice of such default, the non-defaulting owners may (i) discontinue the project and liquidate the same, or (il) make the payment or perform the obligations for the defaulting owner. If the deh ilk continues for six months, the non-defaulting owners 35 (M44) Texas Municipal Power (01) - 5095 may (A) pursue all remedies afforded by law, (B) require the aefaulting owner to cease taking its share of energy, and (C) acquire the undivided interest and energy entitlemeres of the defaulting owner at the defaulting owner's cost, less depreciation and the amount necessary to remedy the default. Before transmitting power and energy in interstate commerce, an owner is required to (f) give adequate notice thereof to the remaining owners so as to permit them to arrange their affairs to avoid federal regulation under the Federal Power Act and (ii) engage in such transmission only pursuant to sections 202(d), 210 or 211 of that Act. The Agency has waived its rights under this provision should the Companies transmit power and energy in interstate commerce. (See "Regulatory Bodies, Interstate Transmission"). FACTORS AFFECTING THE ELECTRIC UTILITY INDUSTRY The electric utility industry, of which the Agency and the Cities are a part, in general has been experiencing, or may in the future experience, problems including (a) increased costs of fuel, wages, materials, equipment and licensing requirements, (b) substantially increased capital outlays and longer construction periods for the larger and more complex new generating units, (c) uncertainties in predicting future load requirements, (d) increased financing requirements and costs coupled with limited availability of capital, together with interest rate limitations under State law, especially as they relate to the financing of public projects, (e) exposure to cancellation and ptnalty charges on new generating units under construction, (f) fuel availability, and uncertainty about disposal of spent nuclear fuel, (g) compliance with rapidly changing environmental, safety and licensing require- ments, particularly for nuclear facilities after the Three Mile Island incident, (h) litigation and proposed legislation designed to delay or prevent construction of generating and other facilities and to limit the use of existing facilities, (1) uncertainties associated with the development of a national energy policy and (j) discovery of equipment design flaws after the commencement of operations. Any of these factors may require modification of facilities and in some cases delay construction with resulting increases in construction and operating costs. National energy legislation was enacted in November 1978. Such legislation seeks to achieve the conservation of energy and the development and use of more plentiful domestic fu 's through various regulatory and tax provisions. Among other things, it is designed to Increase the use of coal as holler fuel and decrease the use of natural gas and oil. The legislation also regulates, at the federal level, Intrastate gas prices. The Agency is presently unable to predict the ultimate effect of this legislation upon Its operations and upon the operations of the Cities. (See "Cities Electric Systems"). REGULATORY BODIES Public Utility Commission The Public Utility Commission of Texas (the "Commission") was created in 1973 by the Texas Legislature to regulate certain utility rates, operations, and services within the State. The Agency. The Agency has taken the position that under the Texas Public Utility Regulatory Act (the 'Statute") the Commission does not have jurisdiction over the. Agency. In Docket No. 91 of the Commission, issued on October 9, 1976, the Commission found that it did not have jurisdiction to require the Agency to obtain certificates of convenience and necessity before building facilities within the State. On July 22, 1980, the Attomey General of Texas rendered an opinion that the Com- mission has no original or appellate jurisdiction over the rates and services of the Agency, and that the Agency is only required to submit certain reports to the Commission. The Act, which reserves to the State the right to regulate the rates of the Agency, provides that the State will not limit the powers of the Agency to establish and collect rates and charges as will produce revenue sufficient to pay, among other things, operation and maintenance expenses and debt obl132tions of the Agency. (See "The Agency, Powers Under the Act, Rates and Charges"). 36 (M.34) Texas Municipal Power (O.S.) - 7095 The Cities. Within its boundaries, each City has exclusive jurisdiction over the electric rates, operations and cervices of its municipal syrtem. The Cities also have exclusive original jurisdiction over their electric system rates outside their City limits. Although no case in point has yet arisen before the Commission dealing with wholesale municipal rates, the staff of the Commission is currently of the opinion that the Commission does have appellate jurisdiction over wholesale as well as retail rates of a city-owned system for ratepayers residing outside the boundaries of the city, subject to certain petition requirements set forth in the Statute. Under present law, the Cities can therefore sell, within their corporate limits, electricity provided to them by the Agency without being subject to the rate jurisdiction of the Commission. The Cities can also transfer wholesale power from their systems to other entities (including the agency) subject to possible appellate jurisdiction of the Commission. AVAILABLE INFOR\1A11ON REGARDING THE COMPANIES The Companies and TU are subject to the informational requir,.ments of the Securities Exchange Act of 1934 and in accordance therewith file reports and other information with the SEC. Certain information as of particular dates, concerning such companies, their respective corporate enterprises, their directors and officers and their remuneration and other matters, is disclosed in such reports and filed with the SEC. Such reports and other information can be inspected and copied at the offices of the SEC ac'Room 6101, 1100 L Street, NW., Washington, D.C.; Room 1243, Everett McK Kiley Duksen Building, 219 South Dearborn Street, Chicago, Illinois; Room 1100, 26 Federal Plaza, New York, New York; Suite 1710 Wilshire Boulevard, Los Angeles, California; a* d Room 800, Neil P. Anderson Building, all West Seventh Street, Fort Worth, Texas. Copies of such material can be obtained from the Public Reference Section of the SEC at 500 Capitol Street, NW.. Washington, D.C, 20549 at prescribed rates. LITIGATION In a proceeding brought by the Agency to condemn an easement covering less than one acre of land for use in the Agency's transmission system, the landowners, by pleading filed on November 18, 1982, have sought to enjoin the Agency from taking possession of the property on the grounds, among ethers, that the Agency "was illegally formed" and that the "City of Denton did not have the authority to enter into the relationship with the other cities which allegedly compose [the Agency] " Certain Texas trial and appellate courts have previously ruled in Favor of the Agency in litigation in whicss ;he constitutionality of the Act, the legality of the Agency and the validity of the Contract were attacked. In the opinion of General Counsel to the Agency and Bond Counsel, the Agency has been legally created, and, in the opinion of Bond CounAl, the Contract is valid and binding on the Agency and the Cities. No other litigation is pending or, to the knowledge of the Agency, threatened challenging the existence of the Agency, the validity or delivery of the Bonds or the security provided for the Bonds in the Contract. TAX EXEMPTION In the opinion of Bond Counsel, interest on the Series 1982A Bonds is exempt fr^^a present fecirral income taxes under existing laws and regulations. The Agency will issue its certificate to the effect that on the basis of the facts, estimates and circumstances in existence on the date of the delivery of the Series 1982A Bonds, it is not expected that the proceeds of the Series 1982A Bonds will be used in a manner that would cause the Series 1982`, Bonds to be "arbitrage bonds" under Section 103(c) of the Internal Revenue Code of 1954. as amended. CERTAIN LEGAL MATTERS Legal matters incident to the authorization, issuance and sale of the Series 1982A Bends are subject to :he unqualified approving opinion of Messrs. Dumas, Huguenin. Boothman & Morrow, Dallas, Texas, Bond Counsel. Said opinion in substartially the form attached as Exhibit I will be printed on the Bonds. The delivery of the Series 1982A Bonds is also subject to the unqualified opinion of the Attorney General of Texas that such Bonds have been issued in accordance with the Con- stitution of the State of Texas and the Act and will be binding special obligations of the Agency. Certain legal matters will be passed upon for the Underwriters by Messrs. Hutchison Price Boyle & Brooks, Dallas, Texas. and for the Agency by its General Counsel, Naman. Howell, Smith & Lee, P.C., Waco, Texas. 3i (NW4) Texas Municipal Power MS.) -7095 LEGAL INVESTMENT D; TEXAS The Act provides that the Bonds are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations and insurance companies and are eligible to secure the deposit of any and all public funds of the State of Texas and any and au public funds of cities, towns, villages, counties, school districts or other political corporations or sub• divisions of the State of Texas, and that such obligations shall be lawful and sufficient security for said deposits to the extent of the principal amount thereof, or tbeir value on the market, whichever is the lesser, when accompanied by all unmatured coupons, if any, appurtenant thereto. RATL\GS Moody's Investors Service, Inc, and Standard & Poor's Corporation have given the Bonds ratings of i "A" and `A+", respectively. Such ratings reflect only the views of the respective rating agencies. Any further explanation of the significance of such ratings may be obtained from such firms. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by such organizations, if in the judgment of said organizations, circumstances so warrant. Any downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Bonds. UNDERIVRITING The Underwriters have jointly and severally agreed to purchase all, but not less than all, of the Series 1982A Bond5 at a price representing an aggregate discount of 2250Ic from the initial public offering prices set forth on the cover page hereof. The Underwriters may offer and sell Bonds to certain dealers and others at prices lower than the initial public offering prices and the initial public offering prices may be changed from time to time by the Underwriters. This Official Statement has been approved by the Texas Municipal Power Agency. TEAS MUNICIPAL POWER AGENCY By CHARLES MATTHEWS President of the Board of Directors 38 (M34)Teus Muaiclt>.l Power (OS.) - 1005 R. W. BECK AND /ASSOCIATES ENGINEERS ANO CONSULTANTS ILA hhiN /ANNOCI PLAZA I ILDINC Dt EICN CENERAL OFFICE RATES W IANNOCI STREET t N~IIIONMtNIAL SEATTLE. WASNMCtON ECONOMICS 01%VER, COLCIAOO 10704 TeUphortr 701.127.5000 MANA CE"[NT 303673-4156 Telex DTT14990401 FILE NO. 00.2165-EFS-Ax November 5, 1952 Texas Municipal Power Agency 600 Arlington Dowr3s Tower 2225 E. Randol Mill Road Arlington, Texas 76011 Subject: Consulting Engineers Report For Texas Municipal Power Agency Series 1982A Revenue Bonds Gentlemen: INTRODUCTION Presented hcreMth is a sL(mmarv of our analyses, investigations and studies with respect to the proposal of the Texas Municipal Power Agency (the "Agency") to issue $7,6,300,0W Revenue Bonds, Series 19S2A (the "Series 19524 Bends"). The proceeds of the Series 19S2A Bonds are to be used primarily to pay the cost of completing the acquisition and construction of the Cibbons Creek Project and the Comanche Peak Project, both of which are hereinafter defined. The power supply program presently being implemented by the Agency is in accord with the authorization given by the Cities of Bryan, Denton, Garland ind Greenville (the "Cities"), as required by provision of identical Power Sales Contracts between the Agency and each of the Cities, dated September 1, 1976 (the "Power Sales Contract"). The projects include a net 390 MW (443 MW gross capability, of which 53 MW is dedicated to station use and mine operation) lignite-fueled, steam electric generating station, an adjacent surface lignite mine and transmission facilities required to interconnect the generating station to the regional transmission system (the "Gibbons Creek Project"); a 6.2% ownership interest (142 MW net) in the Comanche Peak Steam Electric Station ("CPSES"), two net 1,150 NIW nuclear-fueled generating units presently under construction by Texas Utilities Generating Company ("TUCCO") as project manager for the owners, the nuclear fuel supply for that station and an undivided ownership interest in certain trarsmissien facilities (the "Comanche Peak Project"); construction or acquisition of transmission facilities by the Agency together with equipment for communications and dispatch functions and investigative activities for additional fuel supplies (the "System Development and Reliability Expenditures Project" or "SDRE Project"); and development work and feasibility studies to determine ~Yhetber any work should be undertaken as a project (the "Development Project"). The Gibbons Creek Project, Comanche Peak Project, SDRE Project and Development Project are referred to herein collectively as the "Projects". The Agency is responsible for the licensing, design, construction, operation and maintenance of the Gibbons Creek Project, the SDRE Project and the Development Project and TUGCO is 3espetlsible for the licensing, design, construction, operation and maintenance of the Comanche Peak Project (.4-34) Tnu Munidpal (O.S)-TOGS The Comanche Peak Project output will be delivered to the Cities utilizing the high voltage transmission systems of Texas Electric Service Company ("TESCO"), Dallas Power & Light Com- pany ("DP&L") and Texas Power & Light Company ("TP&L"), sometimes collectively referred to herein as the "Companies". The output of the Gibbons Creek Project will be delivered into the transmission system of the Companies and the transmission system of the Houston Lighting & Power Company ("HL&P") at the points of interconnection with the Agency's transmission facilities. Delivery of power and energy to the Cities will be made pursuant to the "Transmission Agreement", as amended, between the Agency and the Companies, and the Interconnection Agreement between the Agency and HL&P. Information contained herein regarding the Agency's power supply program, including con- struction and fuel cost estimates, descriptions and planned schedule for commercial operation of the facilities has been summarized or developed from estimates data reports and records furnished by the Agency with respect to the Gibbons Creek Project and the SDRE Project and by Texas Utilities Services, Inc. ('TUSI") with respect to the Comanche Pak Project. We have not verified the accuracy of such information and data furnished and offer no assurances with respect thereto. However, based upon our analyses and investigations of the Projects, we are of the opinion that the infon,:ation provided to us is representative of the current status of the Projects, To the best of our knowiedge, the summaries presented herein accurately reflect the information furnished to us. Our analysis of the CPSES is based on schedule and budget information made available by TUSI, discussions with TUSI managemc ;t, both at the CPSES site and home office, and a site inspection visit. This analysis also factors in independent industry experience, with respect to schedule and budgets, for nuclear plants, comp'eted or under construction, at various locations across the United States. Our analysis of the Gibbons Creek Project is based on a review of the construction schedule with Agency personnel at the plant site, a review of the detailed cost estimates for the Project, and a site inspection visit. THE PROJECTS The Projects are being constructed under a power supply program authorized by the Cities in accordance with the provisions of the Power Sales Contract. The contract provides that the Cities may elect to authorize and participate in additional projects to be undertaken by the Agency in the event that the Agency is authorized by the Cities to develop such projects. Gibbons Creek Project The Gibbons Creek Project includes a lignite-fired, steam electric generating station with 390 MTV of net generating capability (443 MTV of gross generating capability, of which 53 M`rV is dedicated to station use and mine operation), an adjacent lignite surface mine and certain transmission facilities to interconnect the generating station with the transmission system of the Companies and HL&P. The Gibbons Creek Project is presently scheduled for commercial operation in March 1983. Gibbons Creek Steam Electric Station ("GCSES")-The GCSES is located in Grimes County, Texas near the community of Carlos about 20 iniles east of the City of Bryan, Texas. The engineering firm of Tippett & Gee, Inc. of Abilene, Texas is the design engineer for the GCSES, Freese and Nichols, Inc. is responsible for design of the dam, make-up water facilities and railroad facilities. The Agency is responsible for coordinating and managing the construction of the GCSES. The GCSES contains an outdoor-type boiler and turbine generator, lignite and ash-handling facilities, precipitator, Rue gas desulfurization system, together with a .switchyard, dam and reservoir on Gibbons Creek to provide cooling water, buildings to house office, warehouse and maintenance activities, and a railroad spur. Tippett & Gee, Inc. design criteria provide for a boiler designed to burn pulverized Iignite with the characteristics found in the lignite mine under development as part of the Gibbons Creek Project. Combustion control techniques, electrostatic particulate precipita- A-2 i I tors, and limestone slurry scrubbers will be used in the operation of CCSES to meet stack emission " regulations of the State of Texas and United States Environmental Protection Agency. The turbine generator is designed to provide gross generating capability of about 4-13 MW. Station use and power requirements for. the operation of the Mine are expected to total approximately 53 MW resulting in an estimated net generating capability of 390 MW available for serving the loads of the Cities. Construction of the GCSES was initiated in July 1977. The general contract for the power plant structure and equipment ins.allation was awarded to Austin Power, Inc. and their work was initiated in September 1979. The Agency reports that, as of September 30, 1952, construction work on the GCSES was 91 % complete. Work yet to be completed is related to the air quality control system, some roadwork and landscaping, and equipment testing. The total station work force of the general and other contractors at the GCSES site was approximately 450 as of September 30, 1952. Activities required for start-up and operation of the GCSES are presently in progress. The majority of the management and supervisory personnel have been employed. A full complement of plant operating and maintenance personnel is presently forecast by the agency to require lit employees. The estimated total construction costs of the GCSES, as estimated by the Agency, are summarized as follows: Gibbom Creels Steam Electric Station Estimated Construction Costs( 1) (000) Land and Land Rights S 13,355 Structures and Improvements 75,743 Boiler Plant Equipment 175.427 Turbine Generator and accessories 25.235 accessory Electrical Equipment 33.88.5 Miscellaneous Power Plant Equipment 9,588 Total Direct Construction Cost 5339338 Engineering 21,477 Construction Management 10,840 Unallocated Indirect Costs 25,719 Contingencies . 4,324 Training and Startup Cost 16,332 Total Estimated Construction Cests - (GCSES) $415.523 (1) Exc!.ides interest during construction, reserve funds, working capital and cost of bond issuance. Gibbo+u Creek Lignite Mine - Fuel for the GCSES will be supplied from the Gibbons Creek Lignite Mine (the "Mine") located approximately three miles from the GCSES. The Paul Weir Company, Inc. of Chicago, Illinois was initially employed to recommend the location and estimate the quantity of lignite fuel available, prepare a mining plan and estimate capital and annual costs. Based on a report prepared by the Paul Weir Company, the Agency initiated the procurement of lignite reserves and subsequently requested proposals for the operation of a mine and other mine-related work to mine the lignite for use by the generating station. The Agency, on November 8, 19; 9, entered into a contract with the Morrison-Knudsen Company ("M-K") for the development of the Gibbons Creek Lignite Mine. Subsequently, on March 25, 1951 the Contract was assigned to Navasota Mining Company, Inc. ("Navasota"), a wbolly-owned subsid- A-3 (M-34) Texas Municipal (O.S.)-7005 iarv of M-K, which is constructing and will operate the Mine. is preparing optimized long term • mining plans, is preparing capital and annual cost estimates, and is monitoring the assembly of the draglines and other Mine-related equipment and facilities. M-K has evaluated the geologicai information, sequence and operational details of the Mine as previously prepared and undertaken additional explora'ory drilling to more completely establish details of lignite seams and characteristics of the lignilr. The M-K preliminary five-vear mining plan was completed in March 19SI and the final five-year plan completed in September 1981. This plan is being followed by the Agency and will be continued unless amended. The "as-mined" five- year mine plan indicates that the area quality average for all seams recovered is 4,451 Btu/lb, as reported in the "Five-Year Mine Plan and Cost Estimate-Executive Summary" prepared by Morrison- Knudsen Company, Inc. The M-K studies identified 163 million recoverable tons (175 n;ilIion tons-in-place) with 140 feet or less overburden. The Agency presently controls an estimated 119 million recoverable tons. The Agency's lignite requirement for 30 years at an approximate plant factor of 751,0 is estimated to be 96 million tons. The Agency also controls other lignite reserves with overburden in excess of 140 feet. In order to operate the Mine efficiently throughout the expected 30 year life of the plant, it will be necessary to acquire additional land or interest in land, These additional interests will be identified and acquired by the Agency as mining progresses beyond the first five year permit area. The initial plans for the mine development were based on the use of trucks to haul the coal from the dine to GCSES. \I-K has evaluated the use of a conveyor system to transport the coal from the Mine to GCSES in lieu of the use of trucks. The Agency has accepted M-K's recommendation to transport by conveyor and is proceeding with the conveyor system plan. The Texas Railroad Com- mission, on September 3, 1931, approved the re%ised mining permit which reflects th+s change, Construction of the conveyor system is scheduled for completion in December, 1982. Certain mining areas requiring protection from surface water flooding were identified as a part of the Mine plan. Freese and Nichols, Inc, is responsible for the design of the mine surface seater control facilities. Funds have been included in the dine cost estimate for surface water control facili- ties which Freese and Nichols, Inc. have found to be necessary. The M-K Mine Plan for one unit operation calls for utilizing two draglines. The first dragline is completed and in operation for initial stockpiling of lignite prior to unit testing and operation of the GCSES. The second dragline was completed in late October, 1952, and is in the process of being placed into service. The Agency and Navasota executed an Amendment to Phase III of Mine Management Serves Contract, Gibbons Creek Lignite Mine, dated October 1, 1981. The Amendment, among other things, established the detailed scope of work for the Mine Plan and identified owner-prodded services, methods of payment for services performed by Navasota and payment adjustment procedures, along with payment schedules for a contractor-provided equipment option and an owner-provided equipment option. The Agency has elected to exercise the contractor-provided option of the above Amendment. Under this option, Navasota is responsible for providing the major mine equipment (the hvo draglines and the coal conveyor system), thereby reducing the overall Agency financing requirements. The reduced financing requirements are offset in part by Navasota's charges to the Agency related to the fixed costs associated with these major equipment items. Mining equipment, other than the draglines and conveyor system, is provided by Navasota under the terms of the Amendment. The first draghne has been provided through a lease dated as of April 1, 1982, from the trustee for the owner to Navasota as lessee. The trustee purchased the dragline from Navasota for 825,558,739. Navasota simultaneously purchased this dragline from the Agency thereby reducing the Agency's direct construction costs. The Agency has no rights of use as to this dragline, but the Agency makes semi-monthly payments of $113,836 to Navasota, as part of its payment to Navasota for mining services. MS (M-4) Texas Nuddptl ( O.S.) - 7095 i These semi-monthly payments will continue for a 25 year period, with a five year renewable option period at the end of the 13th year. The second dragline has been provided through a lease dated as of October 9, 1982 from the trustee for the owner to Navasota as lessee. The trustee purchased the second dragline from Nava- sots for $23,377,170. Navasota simultaneously purchased this dragline from the agency, thereby reducing the agency's direct construction costs. The Agency has no rights of use as to this dragline, but the Agency makes semi-monthly payments to Navasota of •$117,044 until January 1983, and of $116,919 thereafter, as part of its payn„nt to Navasota for mining services. These semi-monthly pay- ments will continue for a 25 year period. with a five year renewable option period at the end of the lath year. The sale of the conveyor system, and subsequent lease of the conveyor system to Navasota, are expected to occur in late 1932, Delivery of lignite by trucks from the mine to the GCSES commenced September 1, 1962, As of October 28, 1952, 97,653 tons of lignite had been delivered. Trucks will continue to be utilized for lignite deliveries until such time as the conveyor is completed and placed (nto service, on or about December 1a, 1982. Inasmuch as the Agency has taken action with respect to the option whereby Navasota is financing the two draglines, the Pstimated cost for such equipment is excluded from the Estimated Development Costs for Gibbons Creek Lignite Mine set forth below. While the Agency proposes to take similar action whereby Navasota would finance the conveyor system as well, related contractual arrangements cannot be completed until completion of construction of the conveyor system expected in December 1952. Therefore. the cost of the conveyor system is included in the Mine Development Costs below. Gibbons Creek Lignite Mine Estimated Development Costs( 1) (000) Land and Land Rights 5249,-56 Structures and Improvements 26334 Mine Equipment and Supplies(2) 14356 Total Direct Construction Cos! 5&3,846 Engineering 4,194 Construction Management 4,943 Unallocated Indirect Cwts 4,12; Contingencies 1,135 Jfi•.ie Start-up and Development Costs 13,700 Total Estimated Construction Costs (Mine) 593,945 (1) Excludes interest during construction, reserve fund, working capital and cost of bond issuance. (2) Includes conveyor system, but excludes two draglines and other mining equipment which is to be furnished by Navasota. CCSES Transmission Facilities - The power generated at the GCSES will be delivered into the Companies' transmission system and the transmission system of HL&P. The transmission facilities constructed as part of the Gibbons Creek Project include (i) a 9-mile segment of double-circuit, 345 W transmission line from CCSES substation switchyard, east to an existing HL&P 345 kV double-circuit line, (ii) a 48-mile, ;45 kV double-circuit line from the GCSES substation switchyard to the Twin Oak Substation owned by the Companies, (iii) a 7-mile, 135 kV line from the CCSES to the Mine area, and (iv) a 14.5-mile, 138 W transmission line connecting the City of Bryan to the CUES substation. Facilities owned by the Companies beyond the points of interconnection will be utilized by the Agency to deliver energy to Cities other then Bryan in accordance with provisions contained in contracts with HUP and the Companies. A-5 As of September 30, 1982, the CCSES substation was 9917a complete, and the above referenced 345 kV and 133 kV transmission facilities were 100'$ complete. The construction costs of the transmission facilities included as part of the Cibbons Creek Project, as estimated by the Agency, are summarized as follows: Gibbons Creek Protect Transmission Facilities Estimated Construction Costs(1) (000) Constriction and Equipment $44,250 Construction Management and Engineering 1,462 Unallocated Indirect Costs 2,591 Contingencies . 355 Total Estimated Construction Cost $48,658 (1) Excludes interest during construction, reserve funds, working capital and cost of bond issuance. i Permits, Licenses and Approvals - The Agency is responsible for all activities related to acquisi- tion of permits, licenses and approvals for Gibbons Creel, Project. The Agency advises that all neces- sary permits for construction and operation of the GCSES have been issued by the applicable regula. tory, authorities. Comanche Peak Project In January, 1979, the Agency executed a joint Ownership Agreement with the Companies and TUCCO pursuant to which the Agency acquired a 6,2% undivided ownership interest in the Comanche Peak Steam Electric Station ("CPSES") and the nuclear fuel supply for the CPSES. Concurrent with the execution of the joint Ownership Agreement, the Agency and the Companies executed a Trans- mission Agreement which provides for the acquisition of an ownership interest in certain transmission facilities and also for the use of transmission facilities of the Companies. The Transmission Agreement provides for the transmission of power and energy from both the Comanche Peak Project and the Gibbons Creek Project to certain points of interconnection of the Agency on the 345 kV system. The Agency is officially identified as a joint Owner by an order of the Nuclear Regulatory Commission ("NRC") amending the Comanche Peak Construction Permits. Other joint owners of the Comanche Peak Project are Texas Electric Service Company, Dallas Power & Light Company, Texas Power S Light Company, Brazos Electric Power Cooperative, Inc. ("Brazos") and Tex-La Electric Cooperative of Texas, Inc. Comanche Peak Steam Electric Station-The CPSES is a nuclear•hieled generating station consisting of two units, each rated at 1,150 MW net capability, located about 40 miles southwest of Fort Worth near Glen Rose, Texas. Steam for the station will be developed by two Westinghouse Electric Corporation pressurized water nuclear reactors. The steam-turbine, electric generator portion of the plant which Is of an outdoor design is being furnished by Allis-Chalmers Company. TUGCO, the Texas Utilities Company ("TU") subsidiary responsible for the planning, csn- struction and operation of the CPSES is being supported by TUSI, another TU subsidiary, in design, equupme.tt procurement and construction phases of the Project. TUSI has advised that, as of October 15, 1982, Unit #1 was 91% complete, Unit #2 was 5i% complete and overall statior coa- struction was $V,o complete. The application for operating licenses has been submitted to the INK. In March 19i9, Unit #2 of the rhree Mile Island Nuclear Station ("TMI") near Harrisburg, Pennsylvania experienced severe operating difficulties resulting in the shutdown of the Unit and pres+ndy undetermined damage to the reactor core. The TMI incident has caused a re-examination of certain safety stanauds and procedures. As a result of the TMI incident, the NRC has developed an extensive list of requirements for operation of nuclear facilities. A-6 (H,74) Texu `tunidpal (0,S.)-4095 The Companies have reviewed the TMI incident and compared the components of the critical items of TMI with those of the CPSES. Among other things, it was determined that the CPSES steam supply systems are of a different design than those of TML The TUSI report, pertaining to the investieative activities, included recommendations related to plant design and operation and to training of personnel who will be operating the plant. It also stated that certain changes had previously been incorporated into CPSES construction. In early 1952, significant steam generator tube vibration was experienced at a European nuclei- plant with Aestinghouse steam generators of the same or essentially the same type as those installe,a at CPSES. The cause and methods for correcting the tube vibrations are under intensive uivesti- a.ation by Westinghouse, the NRC, TUCCO and others in the industry. At this time Westinghouse is continuing to evaluate field test data from the European unit. It is also developing scale model air tests and full flow model tests on certain mockups on this type of steam generator. The studies and information to date are inconclusive. An evaluation of the impact on the CPSES steam generators is expected by early next year. Any proposed solution to the vibration problem must be acceptable to the ,NRC, At the present time no major impact on the CPSES schedule is foreseen by TUSI. However. this is subject to review when all the Westinghouse data is available. The uncertainty of the timing and nature of the solution to the steam generator problem and related NRC authoriza- tion makes it impossible to predict with any assurance the date of full power operation of the CPSES, although TUSI believes that no major impact on the scheduling or cost of CPS ES will be experienced. We have assumed, for the purposes of the agency's power supply planning and financial analyses. commercial operation for Unit #1 in July 1954 and Unit #2 in January 1956. TUSI's October 15. 1952 estimate for CPSES is $2,608,75 which is essentially the same as estimated by TUSI one year ago. This estimate excludes AFUDC, and sales a; 3 ad valorem taxes. Comanche Peak Fuel Supply - TUSI advises that commitments have been obtained for antici- pated uranium ore concentrate requirements and fabrication services for both units for the first 17 years of operation. Among the uranium suppliers are Westinghouse Corporation and Exxon Corporation. Uranium hexaRouride conversion services have been contracted for approximately seven years for Unit #1 and fire years for Unit #2. Uranium enrichment contracts, having a dura- tion of approximately 30 years, have been made with the Department of Energy. TUSI anticipates no difficulty in obtaining the necessary additional materials and services. At the present time, there are no facilities available for the reprocessing of spent fuel. In the absence of such facilities, TUSI is providing on-site spent fuel storage capacity for both Units adequate for about 17 years and has indicated that this capacity can be increased. Comanche Peak Transmission - The transmission facilities directly related to delivering the output of the CPSES into the high voltage transmission system of the Companies to allow ultimate delivery of power to the Cities are identified in a contract entitled, °Transmissicn Agreement" between the Agency and the Companies. These facilities include both 135 kV and 345 kV transmission lines and station equipment. TUSI has estimated that the Agency's 6.2% ownership share in certain Comanche Peak transmission facilities, which are acquired through provisions of the Transmission Agreement, Hill cost approximately S2,20MM, excluding interest during construction. As a result of certain provisions of the Transmission Agreement, other transmission facilities of the Companies nay be used to deliver Agency power to the Cities. The methal of calculating the charge to be made by the Companies gives recognition to the fact that at times the Companies will use the Agency transmission facilities to transmit the Companies'shire of CPSES power. The following table summarizes TUSI's current estimate of construction costs for the CPSES and the Agency's 6.2% interest therein, and for other Agency costs related to the Comanche Peak Project. A-7 (`-34) Texas Municipal (O.S.)-W • Comanche Peak Profect Estimated Construction Costs (0oo) Aaem s CPSES 6.2°. Par. Totai(1) ticipation(2) Land and Land Rights S 12,500 S 775 Structures and Improvements 503,476 31,218 Reactor Plant Equipment 691,716 42,858 Turbogenerator Units .1) 229,153 Accessory Electric Equipment 14"69 Miscellaneous Power Plant Equipment 23 x ~ 11,769 Station Equipment 32'~ 1,418 32,283 2,002 Communication Equipment 300 19 Miscellaneous Equipment 600 37 Subtotal - Direct Construction Costs 1,698,988 105,337 Indirect and Overhead Construction Costs 909792 56407 Subtotal Nuclear FueI(3) $2,608,778 $161,744 Transm'ssion 17,575 Carving 2,200 Charges and Development Fee(4) 6,557 Total Estimated Construction Cost $188,376 (1) Based on t, Jate project expenditures furnished by TUSI. Excludes AFUDC, and sales and ad valorem taxes. (2) Excludes interest during construction, reserve funds, working capital and cost of bond issuance. (3) Includes the cost of fuel for the initial core and payments for reload fuel costs scheduled during construction for both units, as supplied by TUSI. (4) Development fee and interest paid to DP&L. The foregoing CPSES estimated construction cost, provided by TUSI, reflects escalation at an average rate 8.517o per vear for labor and variable rates for materials depending on specific contracts. SDRE Project The Agency's SDRE Project includes transmission and substation facilities necessary to provide reliable delivery of power to the Cities and system control facilities to allow the coordination of the generating facilities of the Agency and the Cities. The Greenville Phase I includes 13,9 kV transmission line and substation facilities to connect the Creenville steam plant to the Garland Olinger plant. Greenville Phase II includes 138 kV trans- mission lines and substation facilities to connect the Greenville interchange substation to TP&L's Royse switching station and to interconnect GreenvilIe's diesel and steam plants, The Brvan Phase II includes a 138 kV transmission line and substation facilities to connect the CCSES substation to the City of Bryan Dansby substation. The Garland Phase I Includes 345 kV and 138 kV transmission lines and substation facilities to integrate the Garland system into the transmission system of the Companies. The Denton Phases I, II and III include 345 kV transmission and substation facilities to connect the Denton system to the transmission system of the Companies and 138 kV transmission and sub- station facilities to prmide a transmission loop around Dentor, to provide reliable delivery to Denton. A-8 (M34) Taw Muwdpal (04)-W The SDRE Project also includes microwave communication facilities, equipment for dispatch and investigation activities relating to potential fuel for future generating units. The Agency, as of September .30, 1982 has expended approximately $4S.000,000 for the SDRE Project. The Agency does not foresee an:, problems that would prevent the completion of the SDRE Project on schedule. The following table summarizes the Agency's current estimate of construction costs: SDRE Project Estimated Construction 0osts(1) (000) Transmission Facilities $72,607 Fuel Acquisition 231 Microwave System 1,471 Economic Dispatch 1,730 Unallocated Indirect Cost 4,225 Contingency 3,773 Total Construction Cost (SDRE) . , . $5:1,077 (1) Excludes interest during construction, reserve funds, ,YorU,g capital and cost of bond issuance. Development Project The Development Project includes development work and feasibility studies to determine «hether any work should be undertaken as a project. As of September 30, 1982, 5915,000 has been spent on the Development Project. All studies relative to the Development Project presently authorized have been completed, and no further projects are contemplated at this time. PROJECT FINANCING The Agency's financing program contemplates the issuance of Bonds in several series to finance the costs of construction of the Projects and placing them into operation. Amounts to be financed include, in addition to total constriction costs, amounts for working capital, financing expenses, interest on the Bonds during the period of construction and for one year beyond each Project's com- mercial operation date and the funding of reserves required under the Bond Resolution. A•9 (M,14) Texas Muddpd (O.S.)-7095 Based on the estimated construction costs as previously presented herein, the total Agency long- term financing requirements, including the Outstanding Bonds, for presently authorized Projects are estimated to be as shovvzr on the following table: Estimated Agency Financing Requirements Presently Authorized Projects (000) SDRE Gibbons Comanche and Creek Peak Development Item Project Prolect Project Total _ (1) (1) Construction Crsts $56I,131 S1S8,376 S 81,992 S 834,499 Reserve Fund(2) 134,810 23,809 13,127 121,776 Contingency Fund(3) 2,000 - _ 2,000 Working Capital(4) 5,875 9,010 1,020 10,965 Net Interest(5) 193,411 15.532 30,250 239,233 Financing, Legal and Other Costs(6) 20,103 5,613 3,111 2g327 Estimated Agency Financir.e Requirements(7) 5867,400 $237,400 S132.500 Sl237,300 1) Excludes direct costs of two draglines (850.241,468) which hace been provided for from other sources. An amount equal to the estimated average annual debt service allocated to each Project based on actual debt service on the Outstanding Bonds and assumed level debt service with 27-year amortization and a 10.5% average interest rate on the Series 1982A Bonds. (3) Required by the Bond Reso ution to be established on or before the date of Commercial Opera- tions of the first generating unit (4) Estimated cash requirements during initial operations. (5) Computed at actual interest rates an the Outstanding Bonds and an assumed 10.5% average interest rate on the Series 1982A Bonds, adjusted for investment income. (6) Based on actual costs on Outstanding Bonds and an assumed 2.5% on the Series 1982A Bonds. (7 ) Provided from the proceeds of S1.150.000,0W Outstanding Bonds, $76,300,000 Series 1982A Bonds. and an estimated 411,000,000 from the proposed sale by the Agency of its interest in the con- veyor system for the Mine (see "Gibbons Creek Lignite Mine"). Estimated financing requirements for the Gibbons Creek Construction Project are based on the Agency financing the entire cost of construction of the Project, through the issuance of Bonds, exclusive of certain mine equipment which will be provided by Navasota. As previously stated, the Agency has elected to exercise its contractor-owned equipment option under which Navasota is providing for the dragline and conveyor portions of the Mine's dcveIopment costs. Operating expenses of the Mine are increased under this arrangement. however. the Agency's overall capital costs will be reduced. THE CITIES The Cities individually o%vn electric utility systems serving customers within and without their corporate limits and, at the present time, meet their power supply requirements from units owned by the individual Cities, supplemented by exchange of power and energy between the Cities. The principal fuel being used is natural gas with oil used only to a limited extent during periods when problems of natural gas delivery occur. A•10 (H-34) Texas Municipal (0.5.) - 7065 The present natural gas contracts between the Cities and the Lone Star Gas Company provide a supply of natural gas through 1954 at consistently increasing price levels. The cost of natural gas to the Cities in September, 1982, before tuxes, was •$4.02 per million Btu. Wellhead gas cost projections by Lone Star Gas Company plus estimated transportation costs result in an estirr ied cost to the Cities for 1985 of $626 per million Btu, projected to further escalate to •$7.40 per million Btu by • 19S7. Beyond 1987, the cost s likely to continue to increase in view of the scheduled price deregulation and the present indications of declining long-'erm reserves. Existing City-owned units have a combined capability of approximately 927 MW, which will -.e reduced to 917 MW in 1953, when Bryan is scheduled to retire 10 MW of its capability. The load forecasts of the Cities, when compared with the total City-owned generating capacity, indicates that a capacity deficiency can be expected to occur, by 1958, without the additional power supply re- sources being provided for by the Agency. Power Requirements and Resources The estimated peak demand and energy requirements of the Cities for the period 1953.1993, as prepared by the Cities for the Agency, are shown in the following tables: ESTIMATED PEAL: DEMAND REQUIREMENTS(l) Peak (Niw) Bryan Denton Garland Greenville Total(2) 1983 154 144 322 69 689 1984 164 150 332 71 717 1985 179 156 348 74 757 1986 191 162 362 77 792 1987 . 203 168 381 81 833 1988 216 174 390 84 864 1989 228 181 398 87 894 1990 241 188 406 91 926 1991 254 IN 414 95 959 I992 269 21}4 422 99 994 199? 284 312 4,30 103 1,029 Average Annual Growth Rate 6.3% 3.9% 2.9% 4.101o 4.1% (1) Twelve months ended September 30. (2) The Cities' peak demands are considered to be essentially coincidental. ESTIMATED ENERGY REQUREMENTS(1) Energy (1.000 of JI1Yh) Bryan Denton Garland Greenville Told 1983 634 380 1,413 292 2,919 1984 681 803 1,454 303 3,044 1985 743 827 1,824 313 3,207 1988 797 652 1583 325 3,359 1987 847 878 1,665 336 3,526 1988 897 701 1,707 348 3,653 1989 949 729 1,744 361 3,763 1990 1,002 758 1,779 374 3,913 1991 1,089 789 1,813 387 4,048 1992 1,119 820 4,850 401 4,190 1993 1,182 MA 1,883 416 4,337 Average Annual Growth Bate • 6.4% 3.9% 2.9% 3.6% 4.0% (1) Twelve months ended September 30. A•11 (M.34) Texas Mnniaprl (O.S.)--7095 The load forecasts are based on factors that are considered significant by the pa ticular City preparing the forecast. The City of Garland has significantly lowered its '.oad forecast since the Series 1982 Official Statement based on re-evaluation of actual customer usage over the last ten years. While still projecting growth in the number of customers ser%ed, Garland is ruing a lowered per- customer usage factor to estimate future energy requirements. The other Cities' forecasts also reflect the national trend toward conservative forecasts of future load growth, The follo«ing table sets forth the estimated loads and resources availaole to meet combined peak der.-Lands of the Cities. ESTIMATED PEAK LOADS AND CAPACITY RESOTRCES (\11V) L lies Comoi,,:n Peak Trans. Required Total Require. mission Resenes Require- Cities' Agency's Total Year(1) ments Losses(2) (a) ments Resource-, Resources Resources surplus 1983 689 21 103 813 917 390(4) 1,307 494 1984 717 22 108 847 917 481(5) 1,378 531 1983 757 23 114 894 917 461 1,378 484 1986 792 24 119 935 91; 532(8) 1,449 514 1987 833 25 125 983 917 M2 1,449 466 1988 864 26 130 1,020 917 532 1,449 429 1989 894 27 134 1,055 917 532 1,449 394 1990 928 28 139 1,093 917 532 1,449 356 1901 959 29 144 1,132 917 532 1,449 317 199, 994 30 149 1,173 917 332 1,449 276 1993 1,029 31 154 1,214 917 332 1,449 23.5 (1) Twelve months ending September 30. (2) Assumed at 3% of load. (3) A reserve requirement of 15% is required by the Electric Reliability Council of Texas, ("ERCOT") a statewide utility coordinating group. (4) Commercial operation of Gibbons Creek at 390 MNV. (5) Commercial operation of Comanche Peak, Unit #1 at 71 JIW, (6) Commercial operation of Comanche Peak, Unit #2 at 71 NIW. Under an agreement originally signed in 1983 and amended in 1969, the Cities and Brazos formed the Texas Municipal Power Pool (71IPP") for the purpose of pooling their generation and transmission facilities. The Cities and Brazos are presently operating their generating units according to a system of economic dispatch which is limited due to the inadequate capacity of certain transmission facilities. This dispatching arrangement is expected to continue on an Improved basis as a result of certain SDRE Project facilities scheduled for completion in late 1983, and the availability and use in base load status of the Agency generating capability presently under construction. Utilization of present economic dispatch arrangements resulted in approximately 91,576,000 in savings to the Cities for the eleven month period ended August 31, 1982. In order for the Cities to rchieve optimum benefits of economic dispatch in the future, arrangements have been made to effectively provide for scheduling of the City-owned units in coordination with Agency generation and to dutribute the resulting savings to the Cities. Dispatching of the Cities' and the Agency's generation will be accomplished through Garland's Energy Control Center. The agency has financed certain mocUcations to the Center, and has contracted with Garland to dispatch the Agency's generation and to control the operation of the Agency's transmission facilities. Since fuel is a major component of generating costs, lower fuel costs will make the use of the Comanche Peak and Gibbons Creek Projects in base load status the most economically attractive generation. The relative fuel cost levels per million Btu's forecast for 1986 are, as an example: lignite, A•12 (M-14) Texas Manidpsd (03.)-4o43 S3.I0; nuclear 50.94: and natural gas $6.S8. It is thus expected that the capacity indicated as surplus in the above table will be in the units owned by the Cities. Although the Cities have the authority to sell power from the capacity indicated as surplus, for the purpose of our studies. no revenues from surplus sa!es have been assumed. The Estimated Peak Loads and Capacity Resources table above indicates that the presently authorized generating Projects are adequate. together with utilization of City-oared units, to supply the combined loads of the Cities through 1993, Load flow studies also indicate that the transmission facilities planned for construction and those available through contractual arrangements will be adequate to allow the reliable delivery of power from the Projects to the Cities. The Agency is a member of ERCOT, one of nine Regional Reliability Councils which essentially encompass all of the electric systems of the United States and part of Canada. ERCOT was formally organized in 1970 to augment planning and coordination for improved reliability and adequacy of the bulk power supply. The Agency is represented on the ERCOT Technical Advisory Committee as well as on various subcommittees of ERCOT. Membership in, ERCOT is available on a voluntary basis to any Texas utility engaged in genera- bon, transmission or distribution of electric power. Present membership consists of 24 municipalities, 30 cooperatives, one state agency and eight investor-owned companies. ERCOT has a permanent regional staff that annually submits a formal report to the appropriate Federal Agency describing the coordinated bulk power supply programs. This material is derived from members and is limited to those having 23 MW or more of generation capability. The reports contain Iong•range load projections, existing and future generation and transmission, load flow studies and operating practices. COST OF AGENCY POWER The estimated cost of power supplied to the Cities from Agency units includes fuel and other variable costs, fi.~ed operation and maintenance expenses, insurance, administrative and general expenses, costs of using transmission facilities owned by other utilities, debt service and renewals and replacements. The estimated cost of energy from the Agency, the Gibbons Creek Project and the Comanche Peak Project are as follows: Comanche Peak Project Agency Energy(l) Gitabom Creek Project Energy(2) Energy(2) Cost Cost Cost Cost Sales %fill$/ Cost Sales Mills/ Cost Sales %filh/ Year (1000) Gw-h Mb ($000) Gwh kWh ($000) GWh kWh 1983 38,400 815 44.7 32,648 813 40.1 - - 1984.. 115,441 2,144 53.8 110,789 2,014 55.0 2,978 130 210 1985 200,017 2,273 88.0 163.201 1,919 85.1 13,144 354 37.1 1988 215,069 2,371 83.7 167,197 11808 92.5 34,187 763 44.8 198, 225,186 2,689 64.4 1';0,633 1,836 93.0 44,5,8 834 53.5 1988 23394 2,725 85.6 178,314 1,978 93.9 47,949 847 58.6 1989 241,372 2,774 87.0 163,793 1,A31 95.2 49,928 844 59.2 1990 251,268 2,820 89.1 191,733 1,978 97.0 $1,583 844 $1.1 1991 26 I'm 2,869 91,0 200,458 3,025 99.0 53,291 844 63.2 1992 272,211 2,918 93.4 209,694 2,089 1013 55,349 847 65.4 1993 284,249 2,962 36,0 219,971 2,118 103.9 57,419 844 68.0 (1) From Table 1 of this Report, and assumes distribution of previous years debt service coverage surplus monies. (2) Cost of energy from the Gibbons Croak and Comanche Peak Projects includes operating expenses, renewals and replacements, and the related portion of the debt service. These energy costs do not include debt service coverage or account for distribution of the previous years surplus monies resulting from the debt service coverage. A•13 (4.34) Texas Muafdpal (0.9.)-7095 " The actual costs for power and energy supplied by the agency to the Cities will be determined by the application of the rates and charges to be established by the Agency in accordance with terms of the Power Sales Contract. Sale of Surplus Poccer and Energy The estimated cost of energy from the Agency Projects (see previous table) reflects utilization of energy for meeting the power and energy requirements of the Cities, and does not consider sales of surplus power and energy to other utilities in the area. The CCSES is, over the period of study, operated at annual plant factors in the range of i04°o to 60~b, in serving the Cities' projected loads. Accordingly, by operating the plant at higher plant factors, the Cities may have opportunities to market varying amounts of energy that are surplus to their needs, Any sales of surplus power and energy available to the Cities from the Agency Projects will reduce the cost to the Cities, assuming sales at a markup over fuel costs, as a minimum. Under the Power Sales Contract, the Cities are obligated to pay for all of the Agency's power and energy resources and are entitled to call upon the Agency to deliver 100'0 of its net power and energy to the Cities, subject to the obligatio❑ of the Agency to use its best efforts to dispose of any available surplus over the amounts requested by the Cities. The Cities and Brazos, acting together as members of TMPP, have jointly entered into an agreement with West Texas Utilities Company ("WTU") for the sale by TMPP to WTU of specified amounts of electrical power and energy during the years IW5 and 1956. This agreement, dated April 14, 1952, provides for the sale of up to 150 MW of capacity to WTU by TMPP during calendar year 1953, and, similarly, for the sale of up to 200 MW during calendar year 1956, All payments by WTU under this contract will be made to T\IPP with the Cities participating in their allocable share. PRINCIPAL CONSIDERATIONS AND ASSUMPTIONS RECARDINC PROJECTED OPERATING RESULTS The studies presented herein and the opinions which foliose are based on certain assumptions with respect to future conditions. While we believe the assumptions to be reasonable, we make no representations that they will, in fact, occur. The principal assumptions are set forth below. We have also relied upon: (f) information provided by TUSI; (fi) advice received from the Agency's Financial Advisor regarding the Agency's financing program; and (iii) information provided by the Agency in regard to the Gibbons Creek and SDRE Projects. Our projections of the Agency's operating results for the period 1993 through :993 are based on the following considerations and assumptions: 1. The Gibbons Creek Project will commence commercial operation in March 1963. 2. The Comanche Peak Unit No. 1 will commence commercial operation in July 1984 and Unit No. 2 will commence commercial operation in January 1956. 3. The generating units of the Agency and the Cities will be operated on a full economic dispatch basis through a central dispatch center and coordinated with the overall operation of the Companies. 4. The SDRE Project will have debt service capitalized for one year past the commercial operation date of the first generating unit which, for purpose of this study, is the Gibbons Creek Project. 5. The estimated operating and maintenance expenses for the Gibbons Creek Project are based on the following: a) 1983 fixed operating and maintenance expenses estimated at $18.201kW year, assumed to escalate at 7% per annum. A•14 (M44) Tau MunfciV4 (04.) - 700 1 b) 1983 variable operating and maintenance expenses estimated at 3.20 mills,`k%Vh, assumed to escalate at % per annum. 6. The estimated production expense for lignite fuel, excluding Lignite Mine Development Costs financed by the .agency, «ill be S2.0T MBW in 1956 as developed from payment schedules set forth in the Amendment to Phase III of Mine Management Services Contract, Gibbons Creek Lignite dine executed by the Agency and Navasota. Lignite fuel expense is assumed to escalate at 7% per annum, 7. The estimated annual operating and maintenance expenses, excluding nuclear fuel and decommissioning allowance, for the CPSES are as furnished by TUSI, and adjusted where appropriate by us. A management fee, subject to certain limitations, equal to 511/0 of the Agency, share of the annual production operating and maintenance expense is included. 8. The estimated production expense for nuclear fuel cost for the CPSES in 1958 will be $0.94!\1Btu and $1.631\IBtu in 1993. The estimated nuclear fuel costs are based on information as fumished by TUSI. The estimated cost of fuel is based on a nuclear fuel cycle which does not include any credit for recovered spent fuel but does include a cost allowance for permanent disposal of spent fuel, although such costs are not sufficiently known at this time to be accurately determined. Also included in the Agency's annual costs for the nuclear units is an allowance for decommissioning. 9. The transmission expenses include the cost of wheeling and fixed charges pursuant to the Transmission Agreement, as amended, with the Companies and the estimated operation and maintenance expenses on transmission and substation facilities owned by the Agency. Tram- mission expenses are assumed to escalate at approximately 64'o per annum. 10. The annual nuclear Insurance expenses are as provided by TUSI, escalated at 9.0% per year. The estimated annual insurance expenses for the Gibbons Creek and SDRE Projects reflect 1983 budgeted amounts develnped by the Agency. 11. The estimated Administrative do General expenses reflect 1983 budgeted amounts as developed by the Agency. 12 The total principal amount of Bonds required to finance the acquisition and construction of the Projects, after credit for interest eamings on monies deposited in the Reserve, Bond, Contingency and Construction Funds, is estimated to be approximately $1,226,300,000 based on the assumptions and considerations set forth in this Report under the section titled "Project Financing." 13. The debt service requirements to be paid from operations include actual debt service on the Outstandi: g Bonds and level debt service on the 376,300,000 Series 1982.k Bonds at an average interest rate of 10.5% and final maturity in the year 2012. Interest assumed to be funded on the Bonds includes interest payments for one year beyond each Project's commercial operation date. 14. Annual provisions for renewals and replacement of equipment for the Gibbons Creek Project, and the SDRE Project are estimated by us, assuming .35% of utility plant investment. Annual provisions for renewals and replacements of equipment for the Comanche Peak Project are as estimated by TUSI and adjusted by us. 15. The surplus monies after payment of debt service and after deducting the provision for renewals and replacements will be distributed to the Cities in the following year. 16. The present projections of the electric power and energy requirements by the Cities as used herein will be substariWy realized. A•15 (MU) Texu Mmidpd (O.S.)-709.5 17. Each City will establish, maintain and collect such rates and charges from time to time as cessary to provide revenues from its electric system sufficient to meet its obligations in acc . Dance with the tenns of the Power Sales Contract. 13. No re, enues will be received by the Agency from the sale of capacity andlor energy presently indicated to be in excess of that required by City loads from 1843 through the end of the study period, 1993. OPINIONS Based on our studies, reviews, analyses and assumptions as summarized herein, we are of the opinion that: 1. Without additional power supply resources, the combined load of the Cities will be in excess of their ;ombined electric generating capacity starting in 1956 and continuing, in increasing magnitude, thereafter. 2. The Agency's efforts with respect to developing additional generating resources and related facilities for the near future have been and continue to be reasonable and appropriate for meeting the power and energy requirements of the Cities. 3. The present estimated cost of construction of the Gibbons Creek Project and the Comanche Peak Project appear reasonable, taking Into consideration the present status of com- pletion of the Projects. 4. The cost of power from the Gibbons Creek and Comanche Peak Projects continues to be economically attractive over the period of study when compared to that which could be anticipated from City-owned units using natural gas (or oil), if available, at an average efficiency. 5. The Cities' estimates of loads fumished for this report continue to reflect a more con- servative overall rate of growth than previously projected but also continue to indicate a neeri for the Projects to meet future loads of the Cities and to reduce dependency on natural gas as a basic fuel. 8. Operating forecasts prepared by the Cities are reasonable and, based on such forecasts, the Agency will have the ability to meet its obligations during each fiscal year ol the forecast period. i. The Agency's proposed transmission system and those transmission facilities available under provisions of existing contractual arrangements with the Companies and HUP will be adequate to provide for delivery of Agency power from the Projects to the Cities and for operation of the Cities' resources in conjunction with those of the Agency on an economic dispatch basis. 8. The rapid cost increases of natural gas and oil, both historical and forecast, provide substantial incentive for the Agency to develop generating units which are capable of using lower-cost alternative fuels. 9. The acquisition and construction of the Gibbons Creek Project and the Comanche Peak Project within the context of the power supply program described herein are feasible. We have reviewed the Official Statement and, in our opinion, the information presented therein, which is taken from our report or which otherwise Is attributed to us is accurately presented. Respectfully submitted, R. W, BLCK AND ASSOCIATES A-18 (4-74) 7exu %funicipal (0.3.) -1093 TABLE 1 TEXAS >fUNICIPAL POWER AGENCY ESTDIATED ANNUAL OPERATLNG RESULTS AND ESTMATED COST OF POWER TO THE CITIES (000) 1953 1984 1983 1938 1987 1986 1989 1990 1991 1992 1993 Operating Revenues from Sales to Cities: 538.400 51^_3,034 5209,663 5242,579 5237,190 5263,602 5273,668 5232,822 5291138 $302,308 1313,323 Operating Deductions Production Ezpeams: Fuel 15,342 42,505 44,932 30,698 33,637 61,392 6'.239 73,848 30,368 37,011 93.691 Operating and Maintenance 8,938 16,821 20,595 21-343 24,773 26,361 28,328 4621 32,930 33,104 38,123 Fixed Costs - Mining Services 3,400 61600 8.300 SAW 6.300 6,600 61800 81800 6,300 8,600 8,300 Total Production Expenses :6,180 88,928 72,327 80,039 37,233 94,733 102,015 111.069 120,096 129,913 140,814 Non-production Expenses: Transmission, Operation and Maintenance 3,900 3_0130 8,700 9,_00 9,700 10,300 10,300 11,300 12_000 12,900 13,600 Insurance 2,000 4,408 5,.18 5,492 3,372 8,160 8,153 6.839 7.272 7,898 8,130 Adminls?alive and General 2,320 4,420 4,820 4,920 3,220 3,520 5,920 8,320 61720 7,120 7,820 Nuclear Decooualssioning 0 23 46 126 126 128 128 126 126 126 126 Total Non- production Expenses 3-nn 17.031 18,384 19,538 20,818 22,106 13.301 34,603 26,318 :74.842 29,476 Total Operating Deductions 36.400 53.377 90.91I 99.775 108,033 116,839 125,916 133.674 140,414 V7,760 170,090 Net operating Revenues 0 33,637 118,957 I43.104 149,137, 146,743 147,731 118.748 145,744 114,748 143,733 Plan: Interest income 8,900 13.000 17,000 14.000 14,000 13,000 16,000 17,000 13,000 19,000 20,o00 Total Available for Debt Service 3,900 34.65, 133,95 137,102 163,137, 163,743 283,73: 163,748 183,744 163,'48 163,733 Debt Service: Outstanding Bonds 690 40,189 99., 1 113,823 117,526 117,523 117,330 117,327 II"U24 117527 117,311 Series 1982A Sends 0 1.333 4.311 7,023 7,ed4 6433 8,433 8,433 6,433 9,433 8,433 Total 890 42,044 104,382 110,848 123,490 IA956 123,963 123,960 123.937 125,960 125,930 Coverage of Debt Senlce 12.90 1.30 1.30 1.30 1.30 L30 1.30 1.30 1.30 1.30 1.30 Balance of Revenues S_010 3^_,815 31,373 36.354 37,647 37,1187 77,739 37,138 37.787 37,788 r.-.83 Lest Stne,vals and Replacemeats 617 1760 3,386 4.250 3,269 3,491 8,433 6.832 7.490 3312 9,003 Net Revenue Available for Other Purposes 7,393 9431 27,310 32.004 32.378 32.298 3UN 30.938 30.297 :9,576 261732 Cost of Pawtr to Citir Operating Revenues from Sides to Cities 36,400 123,034 209.668 242,579 237.190 263.802 273.668 231,622 292,158 403,306 313.323 Less Not Years Reveares Av"able for Other Purpotr(1) 0 7,391 9,831 Y,810 31.004 32.378 32"96 31,334 30,986 36.97 NX6 Cat d Agency Pwar to the Cities 38,400 113,441 200,017, 213,069 125,186 =414 241,373 2s1_068 261,202 3'2311 284349 Sales ar AJIMay Pacer (G%YH) 8131 3,143.8 LV33 1,370.9 $669.1 17343 Li 44 2,320.1 2.988.9 1,915.7 2.901.3 Cat of Agency Patrr (a11tlsAIVH) w. 33.8 581 63,7 84.4 851 67.0 891 91.0 99.4 96.0 { 1) These amounts, if not required for other purposes, will be rebated by the Agency to the Cities, A-17 (M-34) Texu Must. - 7065 APPENDIX B Cities' Utility Systems Condensed Balance Sheets The following balance sheets for the Cities o/ Bryan, Denton, Garland and Greenville, Texas, have been condensed from each City's audited financial statements by the Agency and reviewed by each of the Cities. However, these financial statements have not been examined by independent public accountants and are incomplete in that relevant footnotes, ineome state. menu and statements o/ changes in financial position are not prerented as would be required /or a presentation in accordance with generally accep4ed accot..In# principles. (M-11) Tests Munf. - 7095 i APPENDIX C Agency Financial Statements Included herein are the financial statements and auditors' Report of the Agency /or the focal years ended September 30, 1981 and 1980. (WU) Tesu Muni. - T09S Deloitte Haskinslells One Main Place Dallas, Texas 75250 (214) 748.6601 Telex 732648 AUDITORS' REPORT The Board of Directors Texas Municipal Power Agency: We have examined the balance sheets of Texas Municipal Power Age:icy (A Development Stage Enterprise) as of September 30, 1981 and 1980 and the related statements of operations and retained earnings accumulated during the development stage and of changes in financial position for the years then ended and cumulative from inception (July 1975) to September 30, 1981. Our examinations were made in accordance with generally accepted auditing standards and, accordingly, included suct tests of the accounting records and such other auditing procedures as we considered necessary in the cir- cumstances. the financial statements of Texas Municipal Power Agency for the period from inception (July 1975) to September 30, 1979 were examined by other auditors whose report, dated November 30, 1979, on those statements was qualified as subject to the effects of such 'adjustments, if any, as might have been required had the outcome of certain litigation involving lignite rights been known; this uncer- tainty was resolved in 1980 with no adjustment to the finan- cial statements. Our opinion expressed herein, insofar as it relates to amounts from inception (July 1975) to September 30, 1979 included in the statements of operations and retained earnings accumulated during, the development stage and of changes in financial position from inception (July 1975) to September 30, 1981, is based solely upon the report of such other auditors. In our opinion, the financial statements for the years ended September 30, 1981 and 1980 present fairly the financial position of Texas Municipal Power Agency at September 30, 1981 and 1980 and the results of its operations and the changes in its financial position for the years then ended, and in our opinion, based upon our examinations and the report of other auditors referred to above, the cumulative financial statements from inception (July 1975) tv September 30, 1981 present fairly the cumulative results of its operations and cumulative changes in its financial posi- tion for such period, all in conformity with generally a~(c~c,~e~p~te~,d. accounting principles applied on a consistent basis. ~J~~G i e.J-d ~ November 25, 1981 C-i Y c cYS ~"!C'^ o~>~~p C=i'• F3C° a"~'~ orR Im sr4 p` > i! 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C CQ. m F 7■Do SH N x.j m )t V- v'J. 4^.. n n X n n n I DDv - mv► N R iR •T•. 4> m n►■ O n O nn•• R RR O n `-'>C> r7 R L►D Z z m z D D n O A vp • ' Oe ■ R m m ft R ~R 9 n m Cc m 0 X m Iv Z r n a aRR > z ` .n..7] z ■ ~r goo vac m 'Y nnn Afi0 D S7 W mz Ir m R R ! D X - mnn O[C~•q _Z m m 6 ■ 9 >702 6 n I m PC ~H.•iN C ~ X < S z rmm S A H P A I ~y I N P N V w C, N N O N P A 0 A w VIN r ID vi 01 V VIA- mViV N PO Ol co V V X O 0 ~7 a0 0000 O C 00 pp00 D qO 00 O 0000 IOIOO DODO 0 d00 OO ly J N (I n A W V N P n N V V O N W OVA P AV "P 'O N W P A PO- V OE O N VO POP OD NA ~NN ~D 18 S X88 00 o D oo X00 I~N I H W A C 0 fi7 VI V N N Z V n {J A - A%OP ~1r7VN W W[W O•V• > 64 Sul .P. 'a 00AV OC OCuo N VI%A NP ✓ $ $ 888 0080 g a 8g 0 0 00o c~~'bog o a V V V VV V' 1 Jy1 ~+rM~wJ. Y.•M~ { f SECTION III. The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the sales contract, PPSSED AND APPROVED this the Lday of November, 1982. w' ' C ARq1D)N 4EWA? 4AYOR CIT Ov ATT ES , led. _ VICKI WESTLING, DEPU v' CITY SECRETARY Ise CITY OF DENTON, TEXAS t. APPROVED AS TO LEGAL FORM: ` C. J. TAYLOR, JR., CITY ATTORNEY y,k S. CITY OF DENTON? TEXAS W BYs llr~ ij L I~ 9 PAGE THREM j ' ' • It I ~J .r R~ r w r 1/y ,.r r ..h. f~ 3,s,r f' ' . S ` " Stu 9 R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a a a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be " served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and Tex M. Martin and wife,I Antionette Martin, owners of said parcel, agree that a consideration of Seven Thousand Five Hundred Seventy-Three Dollars and Eighty Cents ($7,573.80) is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Attorney is hereby authorized to prepare the necessary legal documents to complete the transfer of property so described below from the owners thereof to the City of Denton: All that certain 0.070 acre tract, or parcel of land situated in the B.B.B. & C.R.R. Co., Survey, Abstract No. 186, Denton County, Texas, said tract being part of a tract described by deed to Tex M. Martin and wife and recorded in Volume 762, Page 484 of the Deed Records of Denton County, Texas and being more particularly described as follows: Beginning for the northwest corner of the tract being described herein at an iron pin set in the ground at, the northwest corner of said Martin tract; Thence South 880 29' 07" east along the north boundary line of said Martin tract a distance of 99.25 feet to a point; Thence South 880 21' 58" east along the north boundary line of said tract a distance of 12.1 feet to the northeast corner of said Martin tract; Thence South 020 14' 59" west along the east boundary line of said Martin tract it distance of 27.43 feet to a point for a corner, said point being the beginning of a curve to the right whose radius is 570.83 feet, central angle is 010 10' 06" and chord bearing of North 880 46' 264 wort 11.64 feet; Thence westerly along said curve a distance of 11.64 feet to a point; Thence North 880 11156" west a distance of 68.65 feet to a point; PAGE ONE x r i Thence North 880 27' 27" west a distance of 30.81 feet to a point for a corner in the west boundary line of said Martin tracts Thence North 020 14' 59" east along the west boundary line of said tract a distance of 27.13 feet to the place of beginning. ! SECTION II. w'9 0 The City of Denton is hereby authorized to pay its share of the necessary and reasonable coat of closing as required by the sales contract. PASSED AND APPROVED this the I day of November, 1982. I ARD 0. STEWA T, MAYO CIT OF D NTON ATTE VICKI WESTLING, DEPUT CITY SECRETARY CITY OF DENTON, TEXAS , APPROVED AS TO LEGAL FORM: C. J. TAYLOR] JR., CITY ATTORNEY CITY OF DENTON, 'TEXAS P L BY: i 4 i i PAGE TWO i~A h!I \ y ^ 1 r ~ W o "l 1 1 I R E S 0 L U T I O N: WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be a served by the purchase of the parcel of real estate described below; and !~r1 WHEREAS, the City of Denton and Texas American Bank/Fort Worth, N.A., Trustee under the Will of W. T. Evers, owner of A^ ky{ said parcel, agree that a consideration of. Six Tn)usand Six } Hundred and Fifty Dollars ($6,650.00) is a fair and agreed value j of such described property; t NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. The City Attorney is hereby authorized to prepare the necessary legal documents to complete the transfer of property so described below from the owners thereof to the City of Denton: All that certain tract, or parcel of land situated in the Myers-Brummett-Johnson Survey, Abstract No. 1699, Denton County, Texas, being part of a certain (called) 514.46 acre tract in the W. T. Evers Estate recorded in Volume 3990 Page 539, Deed Records of said County, and being more fully described as follows: Commencing ah. the southwest corner of a 51.470 acce tract described in a deed from John Porter Auto Sales, Inc. to David H. Steiner, et ux recorded in Volume 797, Page 41, Deed Records of Denton County, Texas at a steel pin on the south boundary line of Jim Chriatal Road; Thence north 00 081 wort with the west boundary line of said 51.470 acre tract a distance of 85,82 feet to a nail in the middle of Jim Chriatal Road; Thence north 760 121 46" west with the middle of Jim Christal Road a distance of 408.71 feet to a nail; Thence south 890 161 36" west with the middle of Jim Chriatal Road a distance of 923.25 feet to a nails Thence south 190 061 38" west a distance of 26,6 feet to a steel pin in a fence on the eouth boundary line of Jim Chriatal Road at the place of beginning; Thence south 190 061 38" west with the west boundary line of an existing T.P. & L. Power Easement a distance of 254.0 feet to a point for a corner PAGE ONE QN, C 1 . Thence south 890 03 00" west a distance of 200 feet to a+ point for a corner=, Thence north 00 57' 00" west a distance of 238.59 feet to a 3± 1 point for a corner in a fence on the south boundary line of Jim Christal Road; ' Thence north 890 03' east with the south boundary line of Jim ` Christal Road a distance of 287.13 feet to the place of tyi beginning and containing in all 1.33 acre of land. 5 SECTION III_ The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the sales contract. x~7a PASSED AND APPROVED this the 94-1--day of November, 1982. r, MAYO C ARD 0INTON IT OF D TES AT VICKI WESTLING, DEPUT45 CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR a CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO ' ~ •ar a.• ~ ~ T~ l ~ 1 !\n v' , ~ ! c ~ ~ C ~ ~ 1 r~, Y x~' ~ is . ~ _ ~a~~ I CITY SECRETARY'S FILE PACKET N THF. FOLLOWING INSTRtkM IS FILED IN WE k FILES OF THE CITY SECRETARY: I r I i I 1 I i 1J . „ r Il I C CITY SECRETARY 1 PACKET 044 I THE FOLLOWING INSTRi 04T IS FILED IN TLS 1 1 i FILES OF 'I'k;E CITY t'ECRETARY' r 4 _~GCZC.aa~z4'." r i CITY SECRETARY"-~ FILE I PACKET M j THE FOLLOWING INSTRUMENT IS FILED IN THE FILES OF THE CITY S',CRETARY:_ 0~ • Z- 5-~D 1 i I s ~tdaili TENS XUNtCIPAL PO11ER AGENCY (A Development State rncerprise) STATEMENTS OF CHAN(IES IN FINANCIAL POSITION FOR THE YEARS ENDED SEPTEMBER 30, 1981 AND 1980 AND CUMULATIVE FROM INCEPTION (.ULY 1975) TO SEPTEMBER 70, 1981 • 1981 1980 CUMULATIVE SOURCES OF WORKING CAPITAL: S 701,000 S 165,000 5 461,000 Not income Depreciation and amortization 19,000 19 000 131,010 Working capital provided by operations `3201'0 249~ g6D~ObO Proceeds of revenue bonds Proceeds of notes payable (net of current lnsta_ments) 702,000 463,000 4,114,000 - TOTAL $__1_1022,000 S250,3P2,000 5864,770,000 USES OF WORKING CAPITAL: Additions to electric plant in service 000 S 72,040 5 1 ,525,000 and land held for future use S 48, Additions to construction in progress 179,071,000 140,566,000 556,297,000 Additions to lignite rights 3.113,000 6,717,000 23,852,000 Increase (decrease) in net restricted assets (182,7A7,000) 95,656,000 251,667,000 Sorrowing costs 8251000 4,094,000 18,574,000 Aepa)m.ent of notes payable 404,000 486,000 1,449,000 Refunds to participating Cities of excess )3,000 operating charges 10,62$,000 Refunding of revenue bonds, Series 1975 34A,000 791,000 788,000 Increase in working =apLtal TOTAL S 110221001 5250,782,000 $864,710,000 CHANCES IN COMPONENTS OF RESTRICTED ASSETS: Increase (decrease) in restricted sss~ics: Cash, tnvesr:oents and special depostcs S(176,$89,040) SIDI 208,000 5292,788,000 Accrued interest (1,981,000) (3,271,000) 141269,000 Accounts receivable and advance payments to contractors 1) 11 629700011 747 000 t To cal --(T 79 .8 71 , 000 Increas-i (decrease) in liabilities payable from restricted assets: Current instalments of notes payable 53,000 32,000 360,000 :ecuritiss sold under agreement to rspuichase (14,742,000) Accounts am: retainage payable (2,000) 141851,000 25,661,000 Accrued compensaeton and related benefits 446,000 446,000 Accrued and lathed interest 2,487,000 3,573,000 91542,000 Due to current assets (681000) 196,000 128,000 Total b ` = -Tr T= Increase (decrease) in net restricted assets !(182,731,000) 9 95,656,000 9251,667,000 CHANCES IN COMPONENTS OF WORIfING CAPITAL: Increase (decrease) in current assets: Cash and investmence 3 166,000 S 544,000 S 1,;14,000 Accounts receivable and other 35,000 11000 61,000 Due from restricted assets ) 196 000 128,000 Total Increase (decree*e) In current liabilities: 456,000 (75,400) 480,000 Accounts payable Accrued compensat;on and related benefits (182,000) (174,000) Due to agency accounts 489 000) 160,000 85,000 Total ) --7r=) tnersase in working capital S 348,000 S 791,000 ! 78x,000 See rotes to financial statements. C3 TEXAS MUNICIPAL POWER AGENCY (A Development Stage Enterprise) NOTES TO FINANCIAL STATEMENTS 1. GENERAL The Texas Municipal Power Agency (TMPA) was created in July 1975 by concurrent ordinances of the Texas cities of Bryan, Denton, Garland and Greenville (Cities) pur- suant to Chapter 166, Acts of the 63rd Legislature of Texas, Regular Session, 1973 as amended by Chapter 143, Acts of the 64th Legislature, Regular Session, 1975 (Act). Under the provisions of the Act, T14PA is a separate municipal corporation, a political subdivision of the State, and body politic and corporate, In September 1^76, T14PA entered into identical power sal.is contracts with each of the Cities for the purpose of r•'-taining the economic advantages of jointly financing, constructing and operating large electric generating units and related facilities to supply the Cities' future-energy needs, The Cities, under the power sales contracts with TMPA, are required to pay, for the benefits received or to be received by them from such activities, ar, amount sufficient to pay TMPA's operating and maintenance expenses and the Bond Fund, Reserve Fund and Contingency Fund requirements of the Revenue Bonds. 2. NATURE OF DEVELOPMENT STAGE ACTIVITIES TMPA is undertaking, as projects approved by the Cities on August 27, 1976 and June 13, 1978, respectively, construction of the Gibbons Creek Steam Electric Station, a lignite-fueled generating plant located in Grimes County, Texas and acquisition of a 6.2% ownership interest in the construction of the Comanche Peak Plant, a nuclear-fueled generating plant bei4: constructed by a subsidiary of Texas Utilities Company (see Note 4). In addition to these projects, TMPA is planning or under- taking a number of "Systems Development and Reliability Expenditures" which primarily relate to transmission and communication facilities. The total financing requirements for thu above-mentioned C-e projects upon completion are estimated by TMPA as of September 30, 1981 as follows: Construction costs: Gibbons Creek: Steam electric station $ 421,546,00 Lignite mine 136,874,000 Transmission facilities 52,904,000 611 Comanche rack 188,451,000 Systems development and reliability expenditures I 90,445,000 Reserve and contingency funds required by Bond Resolutions 144,128,000 Net interest 282,590,000 Other 44,662,000 Total $1,361,600,000 3. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Electric Plant - Electric plant it stated at historical cost. Such cost includes payroll related costs such as taxes and employee benefits, general and administrative costs, and.an allowance for funds used in projects. The cost of construction performed by contractors is recorded on the basis of billings from the contractors. Certain facilities, primarily transmission facilities, have been or will be completed prior to the completion of any generating plant. These completed facilities will remain classified as construction in progress until placed in service. At September 30, 1981, construction in progres, included $17,431,000 of such completed facil- ities. Federal Income Taxes - Any income of TMPA, a political subdivision f•'tTie-3tate of Texas, is exempt from Federal income tax under Section 115 of the internal Revenue Code. Allowance for Funds Used in Pro ects - IVA has capital- Tze to electric plant an lignite rights the net cost of borrowed funds used for such purposes. The net cost of borrowed funds includes amortization of bond discounts,, premiums and borrowing coats, security gains and losses, and interest expense net of interest income. Li nits Rights - Lignite rights include the costs of a preliminary a.nd exploration studies, leasehold or fee acquisitions, delay rentals and advance royalties. The coat of lignite rights will be amortized by the unit-of-production met od when mining of the lignite com- mences. C•7 Depreciation - Depreciation of electric plant in service is ca cu ated by the straight-line method using the following rates: Transportation 33% Furniture and fixtures 20% Electric plant leased to others 5% Intangible plant 3% Revenue Bonds - Issuance costs, discounts, and premiums o Revenue Bonds are being amortized by the straight- line method over the period of the related maturities. 4. ACQUISITION OF INTEREST IN COMANCHE PEAK In January 1979, TMPA executed the Joint Ownership Agreement (Agreement) to acquire a 6.2% undivided ownership interest in the Comanche Peak Steam Electric Station. The project consists of two 1,15OMW nuclear- fueled pressurized water-reactor steam electric units (scheduled for completion in 1984 for Unit 1 and 1985 for Unit 2) together with associated nuclear fuel, switchyard, substation, railroad spur and reservoir. It also includes an interest in a certain associated transmission line. Under the terms of the Agreement, TMPA is obligated to pay 6.2% of all future (i) contruction costs, (ii) nuclear fuel costs, (iii) operating costs (after the station is placed into commercial operation), (iv) a management fee of five percent of its pro rata share of operating costs, and (v) a management fee of five per- cent of its pro rata share of fuel cost (subject to cer- tain cost escalation limitations). Subject to certain operational exceptions, TMPA is entitled to receive 6.2% of the net power output that the station is capable of producing at any given time, The Atomic Energy Act of 1954 requires the issuance by the Nuclear Regulatory Commission (NRC) of operating licenses for the Comanche Peak Pla»t. The application for the operating licenses for both units was docketed with the NRC on April 25, 1978. In connection with the operating licenses, an antitrust proceeding and a safety 'and environmental proceeding are now pending before separate NRC Atomic Safety and Licensing Boards, The antitrust proceeding involves numerous parties, many of whom are also parties to a dispute in Texas regarding interstate transmission. A preliminary settlement has been reached among the parties but will require further regulatory review before such settlement can become C- final. Whether the settlement will become effective cannot be predicted at this time and there is a possi- bility that the antitrust review will not be completed • prior to the time Comanche Peak Unit 1 is ready for operation. Legislation now pending in Congress would allow an operating license to be granted prior to conclusion of the NRC's antitrust proceedings if other- wise ready for issuance, all requirements having been met except the hearings provided for by the Act. There is no assurance that such legislation will be enacted into law. If an operating license has not been issued by the time Unit 1 is ready for fuel loading, costs will increase and the commercial operation date will be delayed. 5. RESTRICTED ASSETS Restricted assets presented in the accomanying balance sheets include those assets comprising tKe Bond, Reserve, Contingency and Construction Funds which are established and maintained pursuant to the Bond Resolutions of TMPA. All assets in the Bond Fund and substantially all assets in the Reserve Fund are available only to meet the prin- cipal and interest payments on the Revenue Bonds. Assets in the Construction Fund are available primarily for the payment of construction and acquisition costs of those projects described in Note 2. The aggregate amount of assets in each of these funds as of September 30, 1981 and 1980 is as follows; 198S~tember 30, Bond Fund $ 6,733,000 $ 65,522,000 Reserve Fund 819316,000 72,880,000 Contingency Fund 2,041,000 2,025,000 Construction Fund 197,714,000 327,248,000 Total $287,'804,000 X5467,675,000 TMPA has purchased and sold investment securities under repurchase agreements whereby TMPA will resell or rebuy, at its coat plus accrued earnings, specified amounts of the securities on or before specified dates, The secu- rities are primarily obligations of the United States Treasury, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, and Federal Home Loan Banks, At September 30, 1981, TMPA had one repurchase agreement included in restricted assets which bears interest at a rate of 14% with a resale date of October 1, 1981. C-9 United States Government and Government Agency obliga- tions include 'Jnited States Treasury bills and notes, and securities issued by the Federal Home Loan Bank, the Federal Land Banks, and the Federal National Mortgage Association. The securities bear interest at rates ranging from 6.45% to 17.85% and mature at various dates oetween October 1981 and April 1991. The securities are stated at amortized cost which is not materially dif- ferent than market. TMPA intends to hold these securi- ties to maturity. 6. REVENUE BONDS TMPA has four issues of Revenue Bonds outstanding, 'described as follows: Series 1976 1978 1979 1980 Range of interest rates 5% to 6-3/8% 5.35% to 7% 5-1n% to 7% 6% to 9-1/4% Range of annual serial maturities 1983-2011 1984-2011 1985-2012 1985-2012 Earliest redemption date 1986 1988 1989 1990 The Bonds are payable solely from, and are collateralized by an irrevocable first lien on, the net revenues of TMPA and the funds established by the Bond Resolutions, subject to the payment of operating expenses from money on deposit in the Revenue Fund. Annual debt service requirements as of September 30, 1981 are summarized as follows: Principal Interest Total (in thousands) Year Ended September 30: 1982 8 62,087 $ 62,087 1983 $ 690 62487 62,777 1984 4,215 62,052 66,267 1935 11,270 61,829 73499 1986 11,895 61,201 73,096 1987-2012 821,930 1,055,365 1,877,295 Total $850,000 $1,364,621_ $212.14,621 C-10 ' 7. NOTES PAYABLE The Act permits TMPA to issue non-negotiable purchase • money notes payable in instalments (collateralized by the properties being acquired) in order to acquire land or fuel resources. TMPA has issued such notes which are accounted for at stated or imputed interest rates and are due in annual or quarterly instalments over periods ranging from three to sixteen years. The costs of the property and investments collateralizing the notes approximated $8,455,000 as of September 30, 1981. 8. RETIREMENT PLAN The retirement plan is structured so that TMPA contrib- utes 10% of gross wages to a fund for participants. Employees may contribute ar aeditional amount up to 10% from their earnings on a voluntary basis. Interest is earned on each individual's account until retirement or termination. The employee becomes a vested participant after six months of service. Retirement plan costs for 1981 and 1980 were $251,000 and $144,000, respectively. 9. COMMITMENTS AND CONTINGENCIES In connection with the projects and activities described in Note 2, TMPA has outstanding contracts for goods and services which aggregate approximately $641,000,000 as of September 30, 1981 of which approximately $419,000,000 has been expended. In order to obtain certain property and confirm certain rights necessary to complete the Gibbons Creek Steam Electric Station, TMPA has made certain payments to Grimes County and three school d13tricts during the years 1978 through 1981. The Agency has agreed to make addi- tional annual payments, subject to adjustment as spec- ified in the agreement, at the rate of $520,000 each year, beginning in 1982 and continuing as long as the Gibbons Creek Unit No. 1 is in operation. The estimated total payments to be made by TMPA under this agreement are approximately $17,700,000 of which $2,091,000 has been paid as of September 30, 1981. C•11 (THIS PACE INTENTIONALLY LEFT BLANK) ~.i N k APPENDIX D Agency Interim Financial Statements included herein are the unaudited financial statements of the Agency for the nine months ended June 30, 196? and June 30, 196I. Howtver, these financial statements have not been examined by Independent public accountants and are incomplete in that relecant footnotes, income statements id statements of changes in financial position are not presented as would be required for a presentation in accordance with generally accepted accounting principles. (M-54) Tetu Muni, - 00,5 e TEXAS MUNICIPAL POWER AGENCY (A Development Stage Enterprise) Balance Sheets, June 30, 1992 and 1981 ASSETS June 30, 1982 June 00, 1981 (unaudited) (unaudited) Electric plant: In service: General Plant 9 477,000 3 524,000 Electric plant leased to others 403,000 403,000 Intangible plant 445,000 445,000 1,325,000 1,372,000 Less accumulated depreciation 443,000 97,000 882,000 975,000 Land held for future use 289,000 289,000 Construction in progress 879,835,000 503,311,000 Total electric plant 881,028,000 504,575,000 Other assets: Lignite rights 24,957,000 21,864,000 Unamortized borrowing costs 24,646,000 17,044,000 Deferred costs recoverable in future years 181,000 549,000 Total other assets 49,784,000 39,257,000 Rest.9cted assets: Cash 77,000 4,000 Time deposits 500000 588,000 Securities purchased under an agreement to resell, at cost 41,377,000 37,875,000 U.S. Government and government agency obligations, at amortized cost which approximates market 421,332.000 298,383,000 Special deposits 71.000 218.000 Accrued interest 10.505,000 5,183,000 Accounts receivable 1,758,000 169,000 Advance payments to contractors 962,000 8,852,000 Prepaid expenses 23,000 - Due from current assets 63,000 Total restricted assets 477,178,000 347,272,000 Current assets: Cash 5,000 Temporary cash investments 1,198.000 1,108.000 Accounts receivable 13,000 19,000 Prepaid expenses - 18,000 Due from restricted assets - (29,000) Due from agency accounts - (117,000) Total current assets 1.211,000 1,002,000 Total Assets . . T209,199,OW 3892,108,000 TM (M-34) Te:u Munidpd (03.)-7093 • LIABILITIES AND fii;TAINED EARNINGS June 30, 1987 June 30, 198t (unaudited) (unaudited) Retained earnings accumulated during the development stage $ 226,000 $ 3992,000 Long-term debt: Revenue bonds: Series 1978 50,000,000 50,000,000 Series 1978 250,00,000 250,000,000 Series 1979 300,000,000 300,000,000 Series 1950 250,000,000 250,000,000 Series 1982 300,000,000 - Unamortized discount and premium - net (9):,000) (469,000) Notes payable, excluding current installments 2,350,000 2,687,000 Total long-term debt 1,151,916,000 852,118,000 Current and accnted liabilities: Payable from restricted assets: Current installments of notes payable 561,000 384,000 Accounts payable 10,053,000 11,571,000 Retainage payable on contracts 6,506,000 6,218,000 Accrued interest 39,005,000 20,740,000 Matured interest 71,000 72,000 Due to current assets - (29,000) Accrued compensation/pension benefits 269,000 - 58,465,OW 39,956,000 Payable from current assets: Accounts payable 441,000 315,000 Accrued compensation/ pension benefits - 196,000 Other 4,000 29,000 Due to restricted assets 68,000 - Due tc Agency acoounb 79,000 - Total current and accrued liabilities 57,057,000 39,496,000 Total Liabilities and Retained Earnings $1,209,199,000 5892,106,000 134 (M34) Tau Muoidpal (0.3.) - 7006 • TEXAS MUNICIPAL POWER AGENCY (A Development Stage Enterprise) STATEMENTS OF OPERATIONS AND RETAINED EARNINGS ACCUMULATED • DURING THE DEVELOPMENT STAGE FOR THE NINE MONTHS ENDCD JUNE 30, 1982 AND 1941 AND CUMULATIVE FRG..i INCEPTION (JULY 1975) TO JUNE 30, 1982 NIne Nine Cumulative Mouths Ended Months Ended from Inception June 30, 1982 June 30, 1981 to June 30, 1989 (unaudited) (unaudited) (unaudited) OPERATING REVENUES: Charges to participating Cities 5 404,000 5 368,000 5 3,120,000 Other operating Income 33,000 36,000 140,000 Total operating revenues 442,000 4J4,000 3,260,000 OPERATING REVENUE DEDUCTIONS; Operating and general expenses 38,000 191,000 2,401,000 Depreciation and amortization 41,000 42,000 176,000 Total operating revenue deductions 97,000 233,000 2,577,000 Net operating revenues 345,000 171,000 683,000 OTHER INCOME (DEDUCTIONS): Revenues of electric plant leased to others 77,000 51,000 309,000 Expenses of electric plant leased to ethers, including depreciat.3n of $19,000 per year (27,000) (14,0001 (277,000) Interest income 39,193,000 36,9&9,000 157,086,000 Interest expense on long-term debt (63,912,000) (46.7"8,000) (209,340,000) Other Interest expense (618,000) (618,000) Amortization of debt discount, premium and borrowing costa, net (65,000) (721,000) (2,532,000) Gain on sale of securiti:. 314,000 4,000 408,000 Allowance for funds used in profects 24,470,000 11,145,000 55,018,000 Total other income (deductions) 50,000 37,000 34,000 DEFERRED EXPENSES TO 13E RECOVERED IN FUTURE YEARS 42,000 37,000 _ 181,000 NET INCOME , , , 437,000 265,000 898,000 RETAINED EARNINGS AC.'CUMUJ ATED DURING THE DEVELOPMENT STAGE: At beginning of period (de8cft) 428,000 1Li,C00 - Distributions to participating Cities (639,000) - (672,000) At end orperiod S 226,000 $ 392,000 ' 226,000 (M-34) Tesu Mudded ( 0.5.) IM LA D4 Texas, 1825, as amended, and that the Bonds and the Bond Resolution, are valid and legally binding upon the Agency, and enforceable, in accordance with the terms and conditions thereof; that the Power Sales Contracts, each of which is dated as of September 1, 19-8, by and behveen the Agency and the Cities of Bryan, Denton, Garland and Greenville, Texas, are valid and enforceable • contracts; and that all payments '.o be made by such Cities under the respective Contracts are operating expenses of the electric power and light systems of such Cities. The Bonds, together with the out- standing and ueip tid Previously Issued Bonds, are payable as to principal and interest solely from and equally secured by an irrevocable first lien on and pledge of the Net Revenues of the System and all Funds (including the investments therein) established and reaffirmed by the Bond Resolution, other than the Revenue Fund, and the Revenue Fund subject to the payment of the Operating and Maintenance Expenses. The terms in this paragraph have the meaning assigned to them in the Bond Resolution. THE BOND RESOLUTION further provides certain conditions under which the Agency may issue additional parity bonds or other etiideatces of indebtedness payable from the same source and secured in the same manner. 1VE HAVE ACTED AS BOND COUNSEL for the Agency for the sole purpose of rendering our opinion with respect to the legality and validity of the Bonds under the Constitution and laws of the State of Texas, with respect to the exemption of the interest or the Bonds from Federal income taxes and with respect to certain other matters in connection with the delivery of the Bonds, and for no other purpose or reason. We have not Seen requested to investigate or verify, and bane not independently investi;ated or verified, any records, data or other material relating to the Enancial condition or capabilities of the Agency and have not assumed any responsibility with respect thereto. IT IS OUR FURTHER OPINION that the interest on the Bonds is exempt from Federal income taxes under existing laws and regulations. (M-34) Tau M. - 7f4s • EXHIBIT I PROPOSED FORM OF OPINION OF BOND COUNSEL e PUMAS. HUGUENIN, E300THMAN 6 MORROW suI.snlcwT6,JA*ORSKlOFFICES II12 KIIIIII 6VILO NO ISoo MAIN ST,1[LT (•N1101 rw( 5"T..CS, 601601"0 ..LAICIN @A.. rQNL• (ul,( IrAV .G.STO.. ,t..6 "cot ul .n, IIAT. ST+tcT DALLAS, TEXAS 75201 TCL[6.0NCII-31 IS, IIU •U11l4. ♦[[N TUpI TCL&PIION[ I2141141-JASG Tt6[[ If 24116 r9t90.0.4 ISI2117 4-1101 ,Ito CQNN[trlcut It N. L•40.44. 6u160140. 6uITc log ..S.INOTO. O e 110018 rot CAST .ONtto. •v[NU[ •[L[.+019 11104`1.11 6600 ANT00140 TCAAS 1410[ ICL[A 66 2608 T[LV.ONt1I,111M 1114 1 If J4.[3 ■ •LACt 60400., I.I. I40 T(1VN04[ 1011 615 -YO, ?CL[[ 263,0 WF HAVE EXAMINED certified proceedings, including the Resolution (the "Bond Resolution") adopted by the Board of Directors of the Texas Municipal Power Agency (the "Agency"), a municipal corporation, political subdi Mion of the State of Texas, and a body politic and corporate, duly created and validly existing pursuant to the Constitution and laws of the State of Texas, authorizing the issuance by the Agency of its Bonds dated November 1, 1952, in the principal sum of Seventy Six Million, Three Hundred Thousand Dollars ($78,300,000), more particularly described as follows: TEXAS MUNICIPAL POWER AGENCY REVENUE BONDS, SERIES 1982A (the "Bonds"), numbered consecutively from 1 through 15,260, each in the denomination of $5,000. The Bonds mature on September 1, in each of the following years and amounts and bear interest until paid, su-h interest being payable on March 1, 1953, and semiannually thereafter on each Septer.,ber 1 and March 1. at the following per annum rates; year Amount Rate 1988 S G35,000 i 1987. 6$,,,000 145,000 1988 1959 305,000 1990 580,000 1991. 955,000 1,015,000 1992 !993 1,140,000 1994 1,255,000 1993. 1,3S0,000 i 1998 1,525,000 1.0.10 1997. 1,61 10.20 l 1995 11 10.30 I 1999. 2,065,000 10.40 2000 2,290,000 10.4n t 2001 2,533,000 10.50 2002 . . 2,810,000 10,30 2003. 3,110,000 10.50 2004 _ 3,450,000 10,50 ! 2012 45,440,000 The Bonds are subject to optional redemption prior to their scheduled maturities and. additionally, the Bonds maturing September 1, 2012, are subject to mandatory redemption prior to their scheduled I maturities, all in accordance with the terms and conditions stated on the face of each of the Bonds. WE HAVE ALSO EXAMINED executed Bond Number One and End same in due form of law and properly executed. We have further examined certified copies of certain other proceedings and other sbowings of the Agency in connection with the Bonds, including certifications and representa- (%134) Texas M. - 7095 * tions concerning the use of proceeds of the Bonds, the use of other funds of the Agency and other material facts within the knowledge and control of the Agency. upon which certifications and representations we rely. IT IS OUR OPINION that such proceedings and other showings tendered in connection therewith evidence that all of the Bonds were duly authorized and issued in conformity with the Constitution and laws of the State of Texas presently effective, particularly Article 1433a, R.C.S. of Texas, 1935, as amended, and that the Bonds and the Bond Resolution, are valid and legally binding upon the Agency, and enforceable, in accordance with the terms and conditions thereof; that the Prnver bales Contracts, each of which is dated as of September 1, 19-8, by and between the Agency and the Cities of Bryan, Denton, Garland and Greenville, Texas, are valid and enforceable contracts; and that all payments to be made by such Cities under the respective Contracts are operating expenses of the electric power and light systems of such Cities. The Bonds, together with the out- standing and unpaid Previously Issued Bonds, are payable as to principal and interest solely from and equally secured by an irrevocable first lien on and pledge of the Net Revenues of the System and all Funds (including the investments therein) established and reaffirmed by the Bond Resolution, other than the Revenue Fund, and the Revenue Fund subject to the payment of the Operating and Maintenance Expenses. The terms in this paragraph have the meaning assigned to them in the Bond Resolution. THE BOND RESOLUTION further provides certain conditions tinder which the Agency may issue additional parity bonds or other evidences of indebtedness payable from the same source and secured in the same manner. WE HAVE ACTED AS BOND COUNSEL for the Agency for the sole purpose of rendering our opinion with respect to the legality and validity of the Bonds under the Constitution and laws of the State of Texas, with respect to the exemption of the interest on the Bonds from Federal income taxes and with respect to certain other matters in connection with the delivery of the Bonds, and for no other purpose or reason. We have not been requested to investigate or verify, and have not independently investigated or verified, any records, data or other material relating to the financial condition or capabilities of the Agency and have not assumed any responsibility with respect thereto. IT IS OUR FURTHER OPINION that the interest on the Bonds is exempt from Federal income taxes under existing laws and regulations. (H•34) Tau M. - ;093 EXHIBIT II GLOSSARY OF CERTAIN TERMS USED IN THIS OFFICIAL STATEMENT t The following terms, as used in this Official Statement, have the meanings set forth below: Anntial System Costs - with respect to a fiscal year of the Agency, and to the extent not paid or to be paid from the proceeds .f Bonds or other funds legal,y available to the Agency, all costs and expenses of the Agency that are paid or incurred during such fiscal year of the Agency and are allocable to the System, including, but not limited to the payment of the Operating and Maintenance Expenses of the System, all costs, charges, and expenses of replacements and renewals of the System and all taxes, assessments or other governmental charges lawfully imposed on the Agency or on the revenues of the System or payments in lieu thereof, and the deposit or payment of any and all amounts which the Agency may now and hereafter become obligated to deposit into any fund or pay from revenues of the System, by law, contract, or the Resolution. Average Annual Debt Service - the annual arithmetic average (fiscal year basis) of the principal of and interest on ell outstanding Bonds becoming due from the date of calculation to the earlier of the date of maturity of such Bonds or to the date such Bonds are required to be called for redemption. Debt Service - with respect to any period, the aggregate amounts required to be paid during said period on outstanding Bonds, less those amounts on deposit for the payment thereof, as the same shall become due. Development Project -any one or more of the following: (i) repairs, replacements, or modifi- cations to an existing generating facility owned in whole or in part by the Agency, and which are designed to increase or maintain an operating efficiency of the facility or (if) preliminary and developmental work to determine whether any work should be undertaken as a Project, or engineer- ing, legal, and financial studies in connection with the planning, development or utilization of power resources, or (iii) any purpose for which proceeds of Bonds may be expended under the Act, except a Project. Groan Revenues - the entire income and revenue of the Agency derived from the operation of the System or ownership of properties constituting the System. The term does not include payments received by the Agency from certain other sources, including payments from a City upon its with- drawal from the Agency, proceeds of insurance (except business interntption insurance) or eminent domain, or investment income of the Construction Fund, Investment Securities -any of the following securities, if and to the extent that the same are at the time legal for investment of Agency funds: (i) Direct obligations of the United States of America; obligations which in the opinion of the Attorney General of the United States are general obligations of the United States and backed by its full faith and credit; obligations guaranteed by the United States of America; (ii) Evidences of Indebtedness of the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Federal National Mortgage Asso- ciation, Federal Financing Bank Participation Certificates in the Federal Assets Financing Trust, New Housing Authority Bonds and Project Notes fully secured by contracts with the United States of America, or any other agency or instrumentality of the United States of America; bonds secured by the general credit of the State of Texas; and deposits which are fully secured (to the extent not insured by a corporation, instrumentality or agency of the United States of America) by obligations in which the Agency may invest under the provisions of this definition; and (iii) With respect to the Nroceeds of the Series 1982A Bonds, obligations of the Student Loan Marketing Association. (M-34) Texas 1lualcipal Power (0.5.) - 7095 Net Energy for Load - a City's net energy generation plus energy received from others minus energy delivered to others at the points of delivery during the period under consideration. Net Revenues - for any period, the Cross Revenues during such period less the Operating and 1 Maintenance Expenses during such period, Operating and Maintenance Expenses - all expenses incurred in the operation and mainterr.ace of the System :,rd the Agency which are properly accounted for such purpose, under generally accepted accounting principles. Such term does riot include depreciation or obsolescence charges or reserves therefor, interest charges and charges for the payment of principal, or amortization, of Bonds or other indebtedness of the Agency. Project - one or more of the following (i) any power generating facility (or interest therein) to be constructed or acquired by the Agency as well as fuel therefor and any transmission facility required to connect or interconnect such generating facility with a City or others, (ii) any addition or improvement to a power generating facility which is then owned, in whole or in part, by the Agency, or NO any contract right to purchase or receive a power supply or transmission capacity (a) by the malting of a prepayment of capital costs which are associated with the supply or capacity so pur- chased, or (b) by the execution of a tale or pay contract having a duration of more than 10 years, including any renewals thereof or (c) by the execution of a contract to purchase power or energy (either or both) on an all requirements basis, System - the Agency's interest in all properties (owned or operated by or on behalf of the Agency) which are financed, in whole or in part, through the issuance of obligations by the Agency for approved Protects and approved System Development and Reliability Expenditures and Develop- ment Projects, prior to the time one of the Cities disapproves a Project under the provisions of the Contract and elects Option One as described in "Summary of Certain Provisions of the Power Sales Contract - Election of Options Upon Disapproval". The term also includes any contract for providing services or power and energy, either or both. System Development and Reliability Expenditures - those expenditures which the Agency deter- mines, under prudent utility practices, should be expended over a given period to time for (i) transmission and related facilities to increase the reliability of the delivery of power and energy by the Agency, (ii) the esplon.7on for, development of or the acquisition of a fuel supply or supplies in order to provide fuel for generating facilities which are not then owned or in the process of construc- tion for and on behalf of the Agency, or (iii) repairs, replacements, or melifications to an existing generating facility (owned in whole or in part by the Ar,:acy or under construction by it) which are designed to increase the rated capacity of such generating facility. Such expenditures which are to be paid from the proceeds of a series of Bonds shall be considered a single Project. (%W41) Texas Muntdpal Power (03.) - iM r I I I i 289L (16L) THE STATE OF TEXAS § FUNDING AGREEMENT COUNTY OF DENTON 5 WHEREAS, the City of Denton recognizes and supports the need for community activities and programs that provide recreational and social functions for the citizens of the City; and J WHEREAS, the Senior Citizens Domino Club is organized and operates to provide such services to the City; and WHEREAS, said Senior Citizens Domino Club has requested and shown a need for financial support for its activities; NOW, THEREFORE, the City of Denton, hereinafter referred to as City and Senior Citizens Domino Club, enter into the following agreement: 1. In consideration of the services provided to the citizens of the community, the City agrees to pay to Senior Citizens Domino Club One Hundred Dollars ($100.00) per month, said funds to be used exclusively for janitorial services by said Senior Citizens Domino Club at its meeting place, Razor Hall, 301 South Locust Street, Denton, Texas. 2. The period of funding shall be from November 1, 1982 to September 30, 1983. 3. If, by September 30, 1983 and each September 30, of each year thereafter, the City Council of the City of Denton shall authorize and approve in the City's Annual Budget, for the following fiscal year, funds in the amount specified herein fox the purposes specified herein, then this Agreement shell automatically be extended for an additional annual term corresponding to the City's fiscal year, upon the acme conditions and terms as stated herein. 4. Notwithstanding any of the foregoing, this Agreement may be terminated by the City of Denton at any time without notice. PAGE 1 w.i.~rr~r y , and all Agreements between any ~dI( s7eAv," reement supersedes J 5, This A9 C ~e~'Tf~/NIN~ the parties hereto ~,fnfNo V , SENIOR CITIZENS DOMINO CLUB CITY OF DENTON# TEXAS BY: CT J K BRYSON$ D BY: G, CHRIS HARTUNG CITY MANAGER BY: HOLLANDo DIRECTOR APPROVED AS TO LEGAL FORM: L. C, J, TAYLORr JR. CITY ATTORNEY B1: WO.PANLL, DIRECT By. PAGE 2 ~ • ~ • ~ F 1 T ~ Y t 4 M ~ n', ~ r r. ~~r In Jri M :w i 4 N 7 . i'~. ' ~x - aV. ~r ~Aa F'~ ~ ~ ~ ~ ~j. w n ~ - ~x - r ~ f . ly 2- NOTICE OF ELECTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON TO THE RESIDENT, QUALIFIED ELECTORS OF THE CITY OF DENTON, TEXAS: TAKE NOTICE THAT AN ELECTION WILL BE HELD IN THE CITY OF DENTON AS PROVIDED IN AN ORDINANCE CALL- ING A BOND ELECTION DULY PASSED BY THE CITY COUNCIL OF SAID CITY, WHICH ORDINANCE IS SUBSTANTIALLY AS FOLLOWS: r Mani ORDINANCE NO. 8217 ORDINANCE CALLING A BOND ELECTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DE14TON WHEREAS, it is deemed necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined: that a case of emergency or argent public necessity exists which requires the holding of the meeting at which this Ordi- nance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That an election shall be held on December 11, 1982, in said City at the following designated polling place: THE DENTON CIVIC CENTER BUILDING. Said City shall constitute a single election precinct for said election, and the following election officers are hereby appointed to hold said election: Presiding Judge: Don Pickens Alternate Presiding Judge: Jo Luker 2, That the Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. That by approving and signii:q this Ordi:ance the Mayor of said City officially confirms his appointment of the afore- said election officers to serve at :;aid election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid election officers. 4. Tha all resident, qualified electors of the City shall be entitled to vote at said election. 5. That notice of said election shall be given by posting a abstantial copy cf this Ordinance at the City Hall and at three other public places in said City, not less than 15 days prior to the date set for said election; and a substantial copy of this Ordinance also shall be published on the same day in each of two successive weeks in a newspaper of general circula- tion published in said Citv, the date of the first publication to be not less than 14 days prior to the date set for said election. 6. That at said election the following PROPOSITIONS shall be submitted in accordance with law: l PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $8,215,000, with the bcids of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the pvrpo~e of the acquisition of property and making improvements for public purposes in said City, to-wit: street and sidewalk improvements; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 2 Shall the City Council of thr. City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $3,282,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: drainage improvements; and shall said City Council be authorized to levy and cause to be assessed .nd collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 3 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $218,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: purchasing and improving land for park purposes; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amoui,t sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION N(., 4 Shall the City Council of the City of Denton be authorized to issue the b(,iids of said City, in one or more series or issues, in the aggreq.Nte principal amount of $900,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of 2 issuance, as ;hall be determined within the discretion of t_,e City Ccuncil, for the purpose of the acquisition of property and Taking improvements for public purposes in said Citv, to-wit: right of way acquisition and recons- truction of UriivArsity Drive; and shall said City Council be authorized to levv and cause to be assessed and col- lected annual ad valorem taxes in an amount sufficient to pr.y the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 5 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $1,100,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acqu:.sition of property and making improvements for public purposes in said City, to-wit: expansion and renovation of the Municipal Building; and shall said City Council be author- ized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 6 Shall t:,e City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $450,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: construction if a new fire substation; and shall said City Council be .,chorized to levy and cruse to be assessed and collectec. annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 7 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $110,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretior, of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: providing additional traffic control signals; and shall said City Ccuncil be authorized to levy and cause to be assessed and collected annual ad valorem taxes in air amount sufficient to pay the annual interest 3 on said bends and provide a sinking fund to pay said bonds at :,aturity? 7. That the official ballots for said election snall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings, and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $8,215,000 OF STREET AND SIDEWALK IMPROVEMENT BONDS AGAINST ) PROPOSITION NO. 2 FOR ) I THE ISSUANCE OF $3,282,000 OF DRAINAGE } IMPROVEMENT BONDS AGAINST } PROPOSITION No. 3 FOR ) THE ISSUANCE OF $218,000 OF PARK BONDS AGAINST ) PROPOSITION NO. 4 FOR ) THE ISSUANCE OF $900,000 OF UNIVERSITY DRIVE IMPROVEMENT BONDS AGAINST I PROPOSITION NO. 5 FOR } THE ISSUANCE OF $11100,000 OF MUNICIPAL } BUILDING IMPROVEMENT BONDS AGAINST ) PROPOSITION NO. 6 FOR ) THE ISSUANCE OF $450,000 OF FIRE SUB- STATION BONDS AGAINST ) PROPOSITION NO. 7 FOR } } THE ISSUANCE OF $1100000 01' TRAFFIC CONTROL SIGNALS BONDS AGAINST ) 8. That it is hereby found and determined that the probable period of usefulness of the proposed improveme..ts covered by the aforesaid PROPOSITIONS is 25 years. 9. That Article 90 Sec. 9.02 of the City Charter contains the following provision and requires this election ordinance to distinctly specify: 4 "(d) A determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas". ?'he determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $27,210,000, anO. it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. 5 r V V • 1 w`\ , V 1 l AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON BEFORE ME, a notary public in and for Denton County, Texas, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the "Denton Record-Chronicle", which is a newspaper of general circulation published in the City of Denton, Texas; and that a true and correct copy of the NOTICE OF ELECTION, a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates: November 18, 1982 November 21, 1982 November 25i 2 i 4A r1-52 Authorized Offi:er or Emp oyee SUBSCRIBED AND SWORN TG BEFORE ME on the 30 day of November , 1982. Notary Public My commission expires 11-5-85 (NOTARY PUBLIC SEAL) f1,11SA00, with the bonds of eutnorized to and Cause subsfanflallyesfollows: union to hlzo puWka, ua- NOTICE OF ELECTION PROPOSITION NO.I Wendose puWlcado Is hors. THE STATE OF TEXT each series or issue, respK- go be assessed and collected FOR Is fecha, al lugar, y al COUNTYOFOENTON tlvetV, to mafure serially innual ed valorem taxes In AGAINST propnito de dicha reunion, CITY OF DENTON within 001 to exceed thirty an amount duNiclenl to pay to come, dice TO THE RESIDENT,QUAL• years from theirdate, andto the annual Interest on said THE ,71E E ISSUANCE ST R E ET 0 AN F D per 1ed0 toI e, IFIED ELECTORS OF THE 14 sold at such prices and bonds and provide a sinking $4 H SIDEWALK IMPROVE- perVorion's Ann. .n. t;Civ. pu SL r,TV nF DENTON.TEY,AS: pear interns at such tai's, fund tq'. pay said bonds at MENTBONDS POR CONSIOUIENTE, TAKE Notice THAT AN POT to exceed the maximum aufurify 10 PROPOSITIONNO.2 ORDENA EL CUERPO DE ELECTION WILL BE HELD rates Wrnitt-d by law at the PROPOSITION NO. I FOR C 0 N S E J E R 0 S IN THE CITY OF DENTON respective times Of ISSUenCf, Shall the City Council of ;w AS PROVIDED IN AN OR- "shall be determinedwithin city of Denton be ovlhori zed AGAINST SS UANCE OF MUUNICIPALDEES S O DE M DINANCE CALLING A the discretion of the City to Issue the bonds of !aid BOND ELECTION DULY Council, for the Purpose of City, In one or more series or 13,7f7,000 OF DRAINAGE 1, Out W sosfendran Cana, PASSED BY THE CITY the atquisilion of property Issues, In toe aggregate IMPROVEMENT BONDS 01000Ionu at did 11 COUNCIL OF SAID CITY, and making Improvements principal amount of PROPOSITION NO.I diclembre de i9a7, on dicha WHICH ORDINANCE IS for public purposes In Bald FOR Ciudad on lot sigutentes 11,100,000, with the bonds. of AGAINST lugaresde volaclon: SUBSTANTIALLY AS City, to -wit: street and side. each such serif or feaw, THE ISSUANCE Of 3713,00 CIUDAD DE DENTON FOLLOWS: walk Improvements; and respectively, to mature OF PARK BONDS CIVICCENTER ORDINANCE NO. e7-94 shelf said City CourKll be serially within not to exceed PROPOSITION NO. 1 DENTON,TEXAS ORDINANCE CALLING A authorized to levy and cause fhtrty years from their date, FOR Dicha Ciudad constifuira BOND ELECTION to be assessed and collected and to be sold at such prices I THE STATE OF TEXAS annual ad valorem taxes in and bear Interest at such AGAINST an tin solo orKInle s ' THE ISSUANCE OF 1900,000 anon pare fates into o veto- COUNTY 000NTYOF DENTON an amounf sufficient to pay rates, not to exceed the CITY OFDENTON the annual Interest on said maximum rates permitted OF UNIVERSITY DRIVE 103 siguienfes oficlain der WHEREAS, it is deemed bonds and provide Ill sinking by law of the respective IMPROVEMENT BONDS elecctones son aqul necessary and advisable to fund 10 pay said bonds at times of Issuance, as shalt be PROPOSITION NO.! nombrados part sostener call the election hereinafter maturity) determined within the dis- FOR tatesolocciorws: ordered; and coil ion of the CRY couxi, AGAINST El Juel quo Preside: Ow ac. THE ISSUANCE 0 F P1clie" WHEREAS, it Is hereby OF PROPOSITION NO.7 for the purpose of the a<- 16100,000 Of MUNICIPAL El JUez Alternogw Preside: fltHllY found d and do. SASII the City ry Count il of the qulslfiM of property and fermtnecl: that a case of City of Denton be authorized making improvements kr BUILDING IMPROVE- Jotuker emergency or urgent public 10 Issue the bonds of said Public purposes in said City, MENTSBONDS necessity exists which h re re- - City, In one or more series or to wit: expansion and n- PROPOSITION NO.a 1. Ow N Juez qua Preside quires the holding of the Issues, in the aggregate n0vafioo of the Municipal FOR nombraa no merit de dos meeting at wtdch this Ordi• principal amount of Building; and shall said City AGAINST OlfColslas dependlentes "once is passed, such 13-M.00, with the bonds of Council be auflprged to levy THE ISSUANCE OF $150,000 callficadn pars servlr y each such series or issue, and cause to be assessed and OF FIRE SUBSTATION asistir an d cooducto de necessity sity being that gable respective) to mature collected annual valorem BONDS cliches etecctones; y $t at neg that the PROPOSITION NO. I Just DIOCeeds from the Nle Of 1M gerNlly within n not to seised taxes In an amount t sufficient qua Preside ac1U- proposed bolid► try required Ii years from the datt, to pay the annual Interest on FOR a I nl e n t t S i r v e c o m il and 10 be sold of such prices said bonds and provide a AGAINST e>tpresado, enlonces N Jut without soon it possible and , THE ISSUANCE OF 3110,000 Alterno debars de Set uno de and Car delay for necessary +M bear interest at such sinking fund to pay said OF TRAFFIC CONTROL faladependlent". and urtimoct nNded public rata, not exceed the bonds of rgi SIGNAL BONDS 7. OUR at aprobal V firma Impr wmMri; and that said OV l rat ain permitted PAOPOSITIPOSITIO NO.t L Thal Is hereby found and meting ores open to IMPY law aw at Iht rttpecflve SA+II the Clly Cou ounc{I of the Y "to OrdManta el Alcalde public, and public notice of fimes of Issua,xe, as shall be City of Denton be authorized determined that ink probable (Mayor) de dicha Ciudad the time, Place, and purpose determirk±d within the dis to issue the bands of said Period of usefulness of the ofltlalRleMe Confirms al a sa pretion of the City Council, C", in 000 Or more 'aerNsOr proposed improvement, ndmbramlanto de cliches all id required mired Vwas r o 's eM for the purpose of the ac. Issued, In the aggregate Covered by 1M aloressid OfIcial" de vofstton pars .11. Ann. Cl v, St. Article a752-I) - qulsltlen of properly and Principal Amount IN lll0,000, PROPOSITIONS IS7SYesrs, server all dkh" elKClgnet THE COUNCIL OF THE making Improvements for with 1M bonds of each such 1. That Article 9, SK. 9.07 of y at poser ester Ordenanzs aI tflf Cify Charfa contains the CYerpo de CoMelsln de CITY O F O fi N T Q N pVbl purpose in said Choy, to Mwin ature Itsue, serially with respectively, wIthin not l not following provision and re HEREBYORDAfNS: W Its drainage Improve- to ma diced Ciudad aprueba y esra 1. That an t;Ktlon shall be fnanfs; and shall said City to exceed thirty yeen from quires this election Ordinaries Conforms con log wmbra- held on December 11, 1982, In Council be authorized to levy their date, and to be told at to distlnctlyspec If Y. mienfoo de dkh" Oflcteles sefd City at 1M following and reuse assessed and Sikh pried and beer Interest "(d)A determination of 1M de ~uc d"fpnafsd p0111ny place: t:Qd noamount be nt wtorent of Such rates, not to oxctW ed MI debt of the City after 1. Out fod01 lot tlKtorn THEDENTONCHIIC fax" xes In !n an wHklwl the maximum ro M1 Issuance offedFonds1 clichcM e CiuY focallfIcadoeii odr d. CENTER BUILDING ie My file annual Infer set an permitted by law of Ova auffgrized, IogeflxK with with a a Ot Ciudad fendron W & N Sold C1111~~ Sha11 constitute a NId bands and provide a faspetflve times of issuance, declaratioe that the bombs nacho a vN+r as, dlchas tingle election prKincl for sinking fund to pay said as Shatlbe defamimed within thereby authorized will be elecclorn. said NKfiai, and fed follow. bonds of maturity? tide dlfcretlon of the CIt I within all debt and Other S. QW seders ngtkla public Ing aledlgA;.O lie~ra are PROPOSITION NO.3 Council, For the purpose of fimltaffons prescribed by the do cliches olecclonas exhi• Ixd•aby aDOOrn, So Id Said Shall the City Council of 14 the acqu;Olon of proparfy Constitution end laws of the bloodo line copla fideog"a election: SafeWrex"" City or Denton be avfhorfzed and making Improwm nn de efts Ordenanla on t" I' to latw the bonds of said rot public purposes In sad The determination is hereby Oficlnas Muflltipalas de Prettdlnr' Jedge: oars made Mel the net debt of fed cliche Ciudad, Y M Otrn tree City, I dickefla r gtu. ssuesM one or the Moira atanks or cur, to-wit: sNtion, W , in the aggregate + new fire substation, sod CIrY NtK IM Itswnceof the lugarn Dublltnf M dicta JiveNe. Pr"Iding Judge: principal amount of ul1A0o, shalt said City Council be bonds herein Proposed be Ciudad. no merit rlv 13 digs III That Me Presiding Judge *I III the bonds of each sett" authorized to levy and Cause submitted wlll be not more de aMertoridad de le lathe 11 aMlyd not lest them that 171,110,000, and 11 Is or Issue, respectively, 10 to be assessed and Collected ftlada pare gosteridr dkh" Two q'saliflW tlecflen clerks Alafwe Serially within W to annual ad valorem tarn In hereby declared that said alecclon" V tamblM Se Ib Mnw find aaatit in ton- txcad thirty years from an amount 1uf Iklenl to pay general obligation DonOf will p U b l I t a r a Cana t o p l a thih, diet and to be sold of fed annual interest on said be within ill tW and other fidedlons de Nta Ordenanzs III Itpnd bid 'tl Pre pro- such prk, f and bear interest bolds and provide a sinking Ifmlts110n1 prgetrlbtd by IntM el mtsmo did der Coda Link JUd icWIII IAN if IN Pr" as 01 SUCh reNa not to exceed fund 90 PAY said bonds at Cw*ftiiw and 1661 W the de doe femanae 6iiCeslvas on ly serves as ih♦ ma1r1'mem rates mafurllyT SlaladTex", r Can diarb Iperlodlcel de 6 zed, Me Alternate Pra- elding Judge shelf be OM 'of perlrilMed by law It tie PROPOSITION NO.1 clrculaclan generet an ditto Wckrk/.'. , resw I Iva I Im" of issuance, shall the city council of the AVISOOE[LECCIOi y Cluded, Y famblen so 3,:."''T+hal by apprgvlry erne at shall be determined within City of Denton be Authorized ESTADOO41I pufsilcaa on at Condiedd fa tdgnfng this Ordinahice the the dlscrttton of the City 10 lssw the bonds of said CONDADO DE DENTON fxhs de is prlmlrs oblka~ )A~aYde of told City dfkiall7r~ Council, for fed purpose of City, In one or mere series or CIVDAD DE DE NTON aeon pert ton no maMl do la NMi ml his iponlnlent of acqulslflon of prOpirty lesw1, In the +ggragate A LOS RESIDENTES, CON dies der amerforldaa 6' fe tie sfdntaid, afamw W Making, Improvements pr Inc "I amount of I1III DERECHO A VOTAII rich* shade pore dlchas Ike, N said sled. Ilea" public purposes in told with the bonds of each such ZACIUOADDEDENtoKi elettbnes. by ps"Ing this City, to wed purchnlhd end series or issue, te"Iively, SE LES RACE SABER E it. Quit on, dicpaf eletclom" dlnames IfEe pEvtrnlAq Improving land for park 90 mature serially within not u0n e1ecc10041 1o011raft IaoligVINI" PROPUESTAI W Said Cltlf appfeve3 Woos"r 4441 shall Sold CfrY to exceed Mlrty years from lu91r am Is Ciudad de OMfaW stied sOmetldm de KuNdo cantgys M the $P"W. CourlNI be sUMMlzed to levy their date, and to be told at dal Come N esllpuls M is a Id ity: 11,0114111, bl the aferaNld fiK• had CAW to be assessed and such prkes and boar Infer "1 ORDENANiA LLAMA14DO PROPUESTANOA gneMkeri, falkcNd annul ad valorem at such rates, not to exceed A LAS ELECCIONE3, eual Sr 14 N wlorle+at Cu" o,, TAN all 000deeil, gvNffle i iaxn in in shwiff sufficient t h e m a x l m u en rates Ordenann Iw debldam" i Cpl felercis Munkipsbl de a ~Orf of the City shall be 10 paY 9th A04411 Interest en permitted by law of 1M dada W at Cwpo at Con-' Cllulied de Denton at emlllr *MlfWd 10 vole of said eIK- Said bonds and prOVtde a r"pet}lve tltnst of issuance, 0014M Munklpaks do dkto bongs de cliche Ciudad, to =1 fund to PAY Said as Shall bf determinedwlthtn Crgdad, Ytual ORDENA11cA a 0 Maei"s de amislo", i ~atnotice ofsaid election trialorilyt 1Fe dttcrettoA of the CHy dOsustanclalme0totonioa to el MOAfis principal OMIT be gtwn by posting A PROPOSITIONNO./ Council, for the purpose of 000flnuaclon914ae: Wagged de $4,713,000, con Iillliflantlal copy Of this OrlI poll the City Council a the the acquisition of property ESTADO DE TEXAS ! fd1 t610t der cede fsl solid 0 A1nea at the tIfy1f Hatl and @I City of Denton be a0WIS14 and making lmprovmeolt for CONDADO DE DENTON t e,nhion, r"pacltva4iehho, a N ether Wrglk'platN I b t3a1» tho' DOnds of laid pvblk purposes in told city, CIVDAO DE DENTON rnncerge pot; torte dentro do[, INtd'City,,Ad Mla thM 1Q 1 tiiyd MandormOeo Win or ld'tvlf: providing additional t0N31DERANDO, qua as We no bxKedlMrld Nelnto /1Yf prior bito date elf lee fal7ss, to fed aggregate traffic Confro-l $i9001%) and tinge 0ete$4rle y cony anof dotda fu' feths do Mb eltclisni Ind b subsIghl N +Is R101M1 of 1000,0001 Mall mid, Clfy Caurell be nlonfle N llamsr a Its site. emlflM, Y de Car wndldO4 a j Mal t0~y Of This Ordintntl with bonds Of tech Will aItM6/fmd to ifvy and taw: clones do Aqul on idelaAh IS41 dncldl Y+~4rreN tai" 6110 /hall ba'pubihllfdOA led M'. Ittw, Nfpetttvety, to fit (i1 inseleod IN tolNffew ordo4oac y , peomRdiOfr de InlHefe4 de! fid111t diY M Inch of > tuna Waller within not to ahneal Ad valorem taxes M C 0 N S 10 E R A N DO, qua axuordo t It W, CO M SsI ctNlw weeks fn a MwE +eted thirty years frdM V bilwAt auffklenf to pay Ofktelmfnto 60 a tuentra y dNerlnlas a discroclon del W W*AI ckcWN r dole, and to be sold at I11'aft41 lftW t On Nei dNMMiAd aqul qlut sxtsldgo Cutroa of Cansoldr6s~ Ighid In NId, flt b piitN ahd bear InferdM 60ndi and prevfds a OmkM# Caw It tmergencls der Murlktpel" tote of fin old w no le$4 than 11 t to Y NId bOn03 W f esldad publics ilryleMt it a0quttkloe b propleded y 311 of IN Rlrsf poi }1 Wt f rata, Aof to nceid bf 1 h a 'mat I mg ni ► a 11 k Ar+htrltyf e FIOUN ri 401 t T6etande, Instvab pal 00. for b dew daft Not for m If}~d Wb~! IrfY n /M Y. That iris oft tat IsM16%10 to' r ulla rwngin M is ee~~1BI posito dublko eft U Cfuead, t (akcflotl ~~~i hidtlmesM Fectlon shall be ors- Ordenwza N4 pleads, sawt W416?" t pit" y~ Ile Ttof N Mid sNglyr1~ t0 be d~ermfned veil M lffafdkit0 with Iii slinet fell smeroenciA of vNadbtr y N 1d N ieutxfta's M1o6tAp PROIsOSIf IQN dllcrstiAy O) IM' to elect bn Odds so N b "Collided 1Mlblks urger116 N dkM'GVir00 00 CO t#M R M eslkm Msd In N. lie trill the Radon to vole A"IdW do nrlgllfrlr Aid Muntclisaf It stigma y wlOWN!, ~t Kdu W FOR" of r'AOAINlT" 1% he obhngr Ikn Is ot+dVMN N iQM y CMti• PROPOslum NO.1 makfftp Ilhpre-A aforesaid PROPOSITION!, Y a `M1 me 60"01 prw Honer de off u►e10f ad f pN CflattU of I,~ ~Ifblk p1l►ltWn in M with the beillitift h Norilakl pshklob' war "s/04,; y b v6loreat an"1k In land Cok liwar } 61 bents, bt A~] tawltI rIoM of w SLeh mntainlPt I} pones 66", *a M Wall />heNMe we „ • iMW eke' bilks of tow 19Ifa1 ricOMt+ 1 6Y t fie 0 to" ~nfa mw '1140, Mk ho ~Kra1N 11bfr J w m off W to loon y Drlw~t ~I ~ hWft rb Vha e'oa t ar ltl~okwo 33,21SA00, with the ponce of 1 authorized M levy end cause wbstanfiallyasfNlows: wUon $a hizo Wblks, Ila- NOTICEOF ELECT;V Nw cries or Issue, r i to be sssessed area conecred PROPOSITION NO.1 blendose puWicado Is hwe, THE STATE OFTEXA each ospAc' FOR Is fecha, of lugar, y el COUNTYOFDENTON tfvely, to mature "::any Annual ed valorem faxes In AGAINST Proposito de dicha reunion, CITY OF DENTON within rat to exceed thirty An amour! "Icienf to pay THE ISSUANCE OF dodo tat Como Stile estlpulado TO THE RESIDENT, QUAL• years from their date, and to The annual Interest on said f1215000 OF STREET AND per VernoWs Mn. Civ. Sr. provide a pinking IFIED ELECTORS OF THE be sold at such prices and bonds and S I D E W A,. K IMPROVE Articu1. /257 17. TAKE NUIl ON,TE7(A5: noOese t t inferred at such rates, load to-pay said bOrc3 at MENTBONOS POR CONSIGUIENTE, TAKE NDCe not 111^7 AN exceed the maximum pafurlryt 10 PROPOSITION NO.2 OROENA EL CUERPO Of ELECTION WILL BE HELD rates permitted bylaw at the PROPOSITION NO.S FOR C 0 N S E J E R 0 S IN THE CITY OF DENTON respective times of Issuance, Shall the City Council of K AGAINST MVNICIPALES OE LA AS PROVIDED IN AN OR. esShall bedetermined within City of Denton be authorized : DINANCE CALLING A the discretion of the City 10 Issue the bonds of laid THE t12 I000SSOFUADNCRAIE OF DRAINAGE :'lQuaUOADseDE sz DENTON DENTON unaa BOND ELECTION DULY Council, for the purpose of City, In one or more series or PASSED BY THE CITY the Acquisition of property issues, In the aggregate IMPROVEMENTSONDS 111CCldnea at dim It COUNCIL OF SAID CITY, Arid making Improvements Principal amount ON PROPOSITION NO.3 diciembre de 1912, en dicha WHICH ORDINANCE IS for Publicc purposes In said $1,100=, with the pontes W FOR Ciudad en los slqufentes S U B S T A N T I A L L Y AS City. to-wit: street end side each such With Or Issue, AGAINST Ivgares de wfaclon: FOLLOWS: walk Improvements; and fesPOCtIVely, to mature THE ISSUANCE OF 1211,000 CIUDAD DE DENTON ORDINANCE NO. U-94 Shall said City Council be serletlywithin Mto exceed OF PARK BONDS ( CIVICCENTER ORDINANCE CALLING A su#wlzed to levy and cause thirty years from their date, PROPOSITION NO.a DEN TON, TEXAS BONO ELECTION to be assessed and collected snot to be sold at such prices I FOR DICha Ciudad se constitutra THE STATE OF TEXAS annual ad valorem taxes in and bear interest al such AGAINST en un sole preClnto de vote. COUNTY OFDENTON an amount sufficient to pry rates, not to exceed the THE ISSUANCE OF $900,000 clon pars tales elecciawS, y CITYOF DENTON the annual interest on said maximum raw, permltted OF UNIVERSITY DRIVE dos slgulentes oflclales des WHEREAS, If is deemed bonds and provide It sinking by law at the respective IMPROVEMENT BONDS elecclones $On aqut necessary and advisable to fund to pay said bonds at times Of Issuance, as Shall be PROPOSITION NO.S nombrados pare sosteher call maturity? determined within the dls. FOR IatesolecCiones: the election hereinafter ordered; and cration of the City council, AGAINST El Juez quo Preside: Don - THE ISSUANCE O F Pickens WHEREAS, 1$ hereby of• PROPOSITION of nine purpose of the &c. $1,100,000 of MUNICIPAL ElJullA1{ernoquoPreslduz t ficially orm;ret : found thand d d C ity of the DCiCtentoortn N a City be Cg nut c;lcil of the m qvlakings Improvements of pro In e said id m ! Clrsnot.. BUILDING IMPROVE. Jo Luker frarg at a use o of d m public making purposes in said ! MENTS BONDS emergency or urgent public to Ci I ssue the bonds of er said re- ezlslA which re City, in one or more Serdes or 10 wit: expansion and re. PROPOSITION N0.1 7. QV! d Jve1 qW Preside quires the heldlnq of the Issues, in the aggregate ndvation of the Muntclpal FOR nombrara no mends of dos meeting of which this Ordi• prlnciDal amount of Building; and shall said City AGAINST j oIICIn ISpS dope ndientel aance Is passed, such 13=400, with the bonds of Council be authalzed to levy THE ISSUANCE OF $190,000 ! calificedos pars servlr y emergency or Urgent public each such Series or Issue, and cause to be assessed and OF FIRE SUBSTATION aslsfir an of conclude de necessity being that the ►espattlvely, to mature collected annual ad valorem BONDS dlchas elecctones; y W of Proceeds from the sale of the Malty within not to exceed faxes In an amount suHTctent PROPOSITION NO.I Juf1 qua Praldt ecru. Proposed bonds are required , thirty years from fine date, to pay the annual Interest w FOR a I m e n f e $ i r v e C o m o as soon as possible and And to be sold at such prices said bonds and provide a AGAINST expresedo, enforces of Jutz without delay for necessary and bear Interest of such sinktrlg fund to pay Said THE ISSUANCE OF 1110,000 Aherne debers de set uno W and urgently needed public rates, not to exceed the bonds a? maturity? OF TRAFFIC CONTROL felt$dependlemes. meeting was and that said maximum rates permitted PROPOSITION NO. A SIGNAL s. Thal is here BONDS by found and 3. Quite at aproW y flrmar m meeting sues open to the by by taw aw 0 IM rbspecflvS Shall free ClfyCOUncil of Me esp Ordehents st Akolde Public, and public notice of times Of isswncf, as shall be City Of I:en1On be aufhOrIz d deferminvd that the probable (Mayor) de dkha Ciudad the tlme, place, and purpose determined within 1rw d8 to I::de the bonds of said, period of usefulness of the OfICIaiMSnfe- confirms of Of saw mwfing was glven, Crelion of MS City COuftil, City, Imon•ormore series Or proposed Improvements nombromWillo do dithos all as required by Vernorl's the the pu•'P'=v of the ac. Issues, In the aggregate covered by the aforesaid ofktalp de vofaCIOn We Ann. Clv.Sf.Artlclei2S217, qutSlttdn of Property and Principal amount of 1190,000, PROPOSITIONS Is2Syears. wvir on cliches etactignes++ THE COUNCIL OF THE making Improvements for with the bonds of each such It. That Article 9, See. 9.02 M y al pasar alp Ordenanta U C I T Y OF D E N T Q N 10,011c: purposes in said City, SMlet or Issue, respecllwly, the City Charier contains The Cuerpit de Concelales ~ de HEREBYORDAI NS: if: drainage Improve. 10 mature urtafly within rot following provision and rf dkha Ciudad aprueba y asp 1. That an election shall be fMmts; and Mail sold City 10 exceed thirty Years from quires this election ordinance conforme con Ids nOmbra_ hold on December 11, 1982, In CauncIf be authorized to levy their date, and to be NOW of iodistinctlyspacdfy: mtentos de dkhos Ofklsles sold City at the following And cause to be assessed and Such prices and bear Interest "(d1A determination of the do yb{Aclom, designated polling place: tlNletled annwf ad vatoremj of such rates, rot to exceed reel debt Of the City After 1.. Ow todos bs decbres THE OEN TON t N'IC faxes It$ an amount suNicl"t the m a x I m u m rates 13saence of thebondsthereby residentes M , califkadod de CENTER BUILDING to pay the annual infer SO on pMmltted by law at 1M sullarlted, together with a dkha Ciudad lookon it do. Sold City Shall constitute a 14 Id DOrtdt and provide a respective times M Fswance, declarsfwn that the bonds reche a voter to, dichas single election procincf for sinking fund to pay said 44 Mall bedelorminrdwtthln thereby authorized will be elecclones. NidolecttaEand the follow. bOndSetmaturity? lies dtscretloo of the Cito within all debt and olher S. Quo to data eOlklApublic& Inq ei=11044, fl t0 hoc a are PROPOSItION NO.3 Council, for the pur" of limitations proscribed by the ds cliches elecclontes exht• ~~frld sold Shall MN City Council of the the acquisition Of prop-rtY COnstifutlon and laws of the blend0 una coDto fidedl0ho hereby Stec 10111 UM of Denton be authorized' and making Improvemrnri state of Texas." de We Ordenan2e en dal Prelldhis %rfd9~: onto Issue the bonds of saw for Public Purposes In saw The determination Is hereby 01J Mun100a1e3 do dlcke) tt 'r Cily, M one Or more series M City, fO-wi1: construction of tinacis that the net debt of the dkha Cludad, 164 0066 trM Aperna& Presiding Judge: issues,' M the aggregate a new fire substation; and City attar the Issuance of the lugares public" f t cliche JoLbkes principal Amount of 121gA00, shall said tlfy Council be bonds herein pro!osed to be Ciudad, no Mandl do li dlas K That tine Presldtng Judge with the bonds of each WI" authorized to levy and cause submitted will be not more d1 anferlorldad de la fecha Small eppOUtt not (eM than or issue, respectively, to to be Assessed and collected that $21,210,000, and If Is (nods parr WIW*r dkha Iwo "Ified election clerks nltwre s~fJolly within not to annual Ad valorem taxes In hereby declared that said rNccion s V tomblen se Ills serve land aNltf in ton exude fhlrty years from an em0un1 ouffktent to pay dal ObllgoTloA bonds will p u b I I c o r s Una c o p i • their date, and to be sold W the annual Interest on said be within ell debt an0,othar ildedignA do Slits Ordsnenle Video thnqat Nld N fed Pr Yine Pro s presuch Prkes and bear Int/rAst bonds and provide a sinking Ilnlflatorts agscribed by the M *1 mtsmo dla de code uric at Such rags, not to exceed fund to pay Nsd bonds at CONiIMIon and late if ,fins de dos semena$ 3Wcestves en hot, the Alternate es es Pro- as she mexlnlurll rates msturitYT MstiM Taxes. 1 un CIAO* (periodtecl des a1 thg g Judge eltalf be qni Of pNmitfed by law of Milt PROPOSITION H0.? clrculActon general M dkha Akhckrka..;' respective times oflssuance, Shill the City Council of Me AVISODSELECCIONt1{ Ciudad, y torl to !''Thal by abprwfrig and at shill bit dNarfihtedwilhlA City of Denton be Pvthorized ESTADO DE TEXAS fwblkero an el CondeOd N slp*V this Ordlnince the the discretion of the City to Issue the bonds of said CONDADODEOENTON fecha des Is primerspp blks Alerror of Wd Clry oHktallIyy Council, for the purpose of City, M One or more NoI or CIUDAD DE DENTON Cloth we tort no memos dot 11 OdrM rt1t O- A spolvimenl Of "qu4sillon of Property faues, in fed Aggregate A LOS RESIDENTES, CON ales de MIOWidae b' Is andesaW, e { at, maklnq, ImprovemMh IWNIPOI omo ell of $110,000, DERECHO A VOTAR, E tecita filed* pies dlchAs Ith ;;!a'/oFve of said IiO!•pubfk pkp0ses In, said with the M^3. a each such LANUDADDE DENTO elecclones: And 0y DI - passing this Clty, 1oWI1, purchesfnp ono w''w Issw, respectively, $E LEf HALE SABER E f•' Out ehdkpes Slrcclones Aanto 1,h w6verglAq )mproving land for parts to mature Nrlatly wlth(n not uses atOttlohea toelorls~~1 i InSIgu{entes PROPUESTAS Of, Said ~Iry appron1 PwPONS; ON %W sold City to exceed thirty years from 111 en Is Ciudad do OMfoff" Shan sometldas de ocuerdo brkors to the appoint- Caunc11 be oulhorizad to levy their date, and to N shed at fat COMD I* *$tlppuuto off to ho ley: M the &WOUld end Cause to be Assessed a" Such prices and bear interest ORDENANZA L=NDO PROPUESTAN0.1 tfw" tpI tected e~ui1 Ad vi Wom It ouch rates, not to exceed A LAS ELECCIONES, coal SI se N outdriu at Co" de NI rsfl diM, quathk0 fsxds In an alflounf Sufficient t h e M A X I M U M r a f e$ Ordenanta 1w de0ldamanf~ Natoormss laros Munl!Ipala de is Ofictorl of rho tlfy atoll W to pay IN Annual Inieresf on perrhlthd by iota of " dada per st COOW de Qorl d de Denton of amitir aMitlod b volt of NW alee• sold W46 and provide a re pective times of Issuance, Solves Mun)clpaka de dkho rms de dkha Ciudad, M DOLL $Inking fund to pay NId as shall be determined within Clgdad, y c if ORD ENAyy3A berles de envision, ' IL Thai nofkeOfsaid alafton bonds At Motorlty? Hle discre{loh Of the Ctfy d1toluspncelmaic6rito a ajt e1 mOnto principalF sAAll be glrM bypos finq a PROPOSITIONNO.A Council, for the purpose Of eonTlnuoclarlslgluia4repado d! 31,215,000, con fUbpbrttpl copy of nth Oro • Shafl,the City Council of the the acqulslfw of property CVm9 DE TEXAS , Ia bones de code lad Serfs 0 Alma of fed t NAII end a City of DOMom be autPwlsed and making Impro moots far CON DADO DE DE NTON , t. isfOft, respeClhemMle, ■ fume Oth1I pv~k alplaces I A f to (lope the bonds of sold public purposes In Nld City, CIUDAO DE DENTO14 Strait por lain denfro Ov fik}'CI11 mot loss then it City, HON of,OWOWTNOr W*11: providinlgaddiflonal CONSIDENANOO, ci AS, Wron*0xiskodlOnclolrolMs ppfi4 tote date W to iesdba, Its IN 6911 "'1 font" a1pMlsz and Iw98 AfNSarlo y convo• smos desde so frchs BO f IAyI J Illd'a Aubelerr prlntlpal amount of 1900,000, 0411 NIA Clry Cd+ncH M nIMN el Ilamor a lab a*-.. emiska, y de Ser veroidos a!! k YN t~OOppyy tilth fffdlNAta wtM, 4Onde of each series trithitI b laVy end ta{w, t"I" do Not am adetMht i" OMC16S y aCNrobr tateb Semi +IKfi6n IJA el'e'shalf ba)fublta NdeAMe w Issue, r"Wilvely, to t a Itsased ant colhttad oransdasf y pfOnledles de Interests, de y In *&A at Avg ~ Nrtlfly wlthim nod to shoW ad valorem taxes M C 0 N S I O E R A K b0, qg a etverd0 0 Is sty, Como N wok! M a flevrF 1hkty years front ah ilhounf ketcloM 00 pay Of clsimertle N Oncuenfra y determine a dhcreclon del ,Motto beboldN }he~wlInterestonSete OOMlna0"1flfn:exlslflM Cuetoo DO•COASO1eras, ot*sltknrfofdate dew Cory, prices pub boar Interest bbnda end prdvlM a sMkk!1 CAee des ImerOaAtle dot Muhklpi~es cpt W fed dot p c pocked • rotes hot 16 exeild fend to y Nid band1 M R d publke urgent/ M agquls,kion M propledbd y ► a t sl t roquierA, dud fa ' h klenee mates! AMA 06- O date M ye. by IoW of (M I', not the oMktal Wai Off kMM. uM reVAipt1 M f0 i ! pasta OAlko so 10 Ciudad, A . f so ft of wloAd, prZ.4 rnmzl~h lal shot$ be Mt a donanla act SALW: mitaes a u166 y lecl $I Said OhtbA mll, WI In eltMlflnce stmt, Ills dal ernergencla des weft fo "1" Pon gITI'qN Election Odds so as k "KnWK pubika I* a q dlchis'tui/pe dot COstsol { tdo MOW to$ osl 1W wbmlthd M 1 ~W~ " a OA NIT" f1M ton 11 ottslOtha~rt N liter I Colei ElfdMka with law: "'ggg efaesafd PR POSITION!, , "do obe cionar de Im upside Od Lrlm OPOSITION NO. I fflakblp IMp}avirlte1111 pew 1 ed city Council bfp~ pfblfC NMp6en M with the be to doevoM pwMOa ant }7lrra1O4 y is vilorem anW6" on use td4 „ F pentaA be iufhMllld iehipf r of llzth Inerlc }thereto ii= wo pp fldeld W'kWM We Pow ids' 01nd1 M Bpd/ IN Vy Nil i1 gM11s1yf1 pirn Aft MM►ylal MN N B1iM Saw It. or UANNNfy DrIW 1 0 W14 pvblkN Ys,'ttks le. dcfdM 110* N mInNhOr de Imor}itltkA SIR ry10' rests NM t 11 I I NaMrlesn &A dkrA re. #40 pars P69ar dic t _ s •s, cons; fin de to PROPUESY'A NO.) ILA FMISION OE 60NOS vencerse OsfOt' Wuisicion de prop;edad y $1 se k sutoriza at Cuerpo de bE 1110MO PARA SENA$ PROPUESTA NO. t hariendo motors% pars pro- Conselaros Muni1pales de la b E CONTROL D E L SI M k outorlla sh Cuerpo de pdslto pubtko en Is Ciudad, a Ciudad de Denim N emifir TRANSITO COnseleros Munkipares de Is saber: adquisiclon de de- Ids. III de dicha Ciudad, an t. Oue W eW meat M Ciudad de Denton at emitir recho de psso y reconsNuc, una o mat series de emislon, °ncuentra Y M deWmwia 10bcwvsdodlcMCkdad,on Lion de University 131 Y on at monto principal Oia at tiem0o w una o mas series Oe emltlon, sl se Is sutoriza s dicha spregado de $110,000, con los c4da on at mango Principal puettad a lrTdaS fO par cede Cuerpo de Conseleros bdraa d. cad+ gel Berko faa cubrldet IoWS 05 ~X292•W ` MunlNpales at eslgnar I emision, respectrra"iIiI a an~tesdiche PROPUESTAS as os, bon, ro coda tat see, I a Ocaslonar el fifer y coI venders por wFo 61 d! u °n°' tronar de Impuesfos ad pore no execedienclo fretnfa e. venterse por Sark dentro de Out Artkuto Sac. e.Of de pero no execodlendo treinla valorem anueres on una can anN desde w fecha de to Carla Constltuclonal tided wfkiente pars paper emision, V de ser veMidos a municipal cenflent to anon desde su fecha de IOa Intereses anuales sabre tales precbs y acarrear faces to, am [Van, l de set ar tal Me bonds y at mantener promedfcs de IMereset, de slyu qulerequtanfeaesr11 a pulaclon ordersY u de tales preciotY!rarrerreMales u d1cola de amOrtltodlon acuedo u Is icy, comp se promedios de ItlNresss,.de 04ra-pmr cliches borio6 at determin, a discrecbn del ateccton distlnctgtamente acuedo a Is icy. tottl0 !P vancene Oslo? Cuerpo ,de Conseleros asfipuie: l I•t una daw do ln de Is rip"Ift a 111WOCIcat 0i I PROPUESTA S Munk) ton, el fin de is decode ' Cvorpo do Cesseler $1 So issufortzaal spode a/Wt;ISlceton'" do'pn~pigdad y neIS a! Is k Ciudad M4iiclpaW% con N fin Of Is Cgnwlem Municipal" do Is liknd$ ma POrO: pro- ' d°~ts de e o de cos DanOt pOr O&t tte medt0 64uttklon do propiedad y iuded de Denton at amiiir tam; k~i~ltlsa,} aulprizadN, IuntamMN ton 1 hatlendo major" pars pro- bonds dodlcha Ciudad, an prOyeN ~ °d uM decl°rrcton aw IQs dositopublko,N14Ciudad. a Una0Matseritsdoemislon• clonala earl eanhol de D as par etfe media saber;"*Wasof drenOluY oft $I monto principal traraHO:Y$1soIssutorizaa Isadoa Nfir•n dentro 9 1M'. h `butoriza ' ° dkbQ agropadp de 51,100,000, con dicho Cuarpo de Conlef~ dd~e ,~may has deudaa Y.otrail CverH de, Conte herbs' lea bon*$ de cads tai Berko Munklpales at iti9rNr. Iltn1iM10na clou ibidas par AAyNcIpaIM N aslpnar' Y amision, respectlvamente, a ocoslorw at'frlar y' 44 stltuclonykskyasdel qccOSlonai N filer Y'totae•' vencarse por Wit dentro.de clonar de I to @%tat at( EsladodeTexaa.";Y eidnar de Impuotfos ad' Dlro ra ekecedlendo fronts valorem onuatas Itiary; determinaI ctal, OMo par anon , desde sU f"hS da dkhos bona la y N men M meat t flue or plkc~kdsl em anVaflet M una caR eWklOpare POW: emislon, y de set VON16 a a una cola de atz&c tiffs de la Ciudad "tat"as s.nusles so" fa1N pracpa Y scarr•N t•ks Para paw dkhoo bonds. at de Ia amtslon sat bandit Y N nunfenet pilomwoo. do Intereses, do vencer"*I 7. Quo IN balotfs efktaln soul dentro pro"110a It Sala a a'morttzeclon' a~uedo a Is ley, coma•w pare dichas akccloms u ter sonletwis sera no mas Py a P+9or 4lchos Dmas. at d/tNmlM a dlscrecbn del $zt,f10A00, y Olga par as'* +a(1te~s0epararan con ask%? Cuerpo de Conaelerot Co019o ~lpo de do eEaclectlen~l ueion-4 N io detkrado dw dIchos PROPUESTANO,S JAi;nkibahs,coriNlfndoIs G G WIWW ~s.l fl le auforl:e al CwrPi da Mpul felon de Drupkdad Y Teka pan col permlttr of aria NKfw N velar "A FAVOR" faran d$nlrq de lgda decode C 1 Munki kt pa w h' 1fIcIO inalono plro pro a "EN CONTRA" de has Ogres IlmjfaGlonas .afl,+ C~1~dsd to of t iritMf to pyblko on to Ciudad, o anfftidkhq PROPUESTAS rya Pa o Caafituclon ' 10$ DOtf06 Ot dicM ClddaQ,1J1. siDef; tool haloNa 0' wr wsel 1, tat kYOf. ydRl. sFOde, d1I9 Una 0 tMe serks de @MIS a0anston Y reravotion III tINMOMo ifrlfos cd{tt id it mDnfO''princfpl! epikleMunkrpat;ralsoIt itgndo Nlea pro vftl , `':1i~11f11t1i tM 12111 toy Ix orI ■ dkho Cuerpo de I Marc" ndo R i 028 1 to' 4NNS 'tlds sal Sark' 0 (Oros Munk4mwk of 1 lalori, rotps.efly .gystwser at filar, PROPU S fry. Y on low W.Wlo , dO C O'Coc •f do Impueshi ad HMfdROPUlneMO onts OxproW$• t10 Iyatedlarldo f Q1 prst}doe arhem anlint a en una celr so hch r wfklonh pare P•9er ~NpPROPUEITAN0,1 felon, Y 4a.ffr;. W aeM anuet1e e0bre A FAVOR 011 ra Ixeclo$Yae. t hjis bopo( V O1' fi(* a. cola 'de • loll 10A I EN CONTRA sGNIq.O,ia r LA a peqar NI LA EMISIO►i D! IONO! a a~1olJOAAS DE CALLEII, 10416laircis NDESa }1SA00 P',RA AI altoUE 0ANd.I VEND" auforita N CII de MunkWakadehFROWItSrI~f~•. m: pM1 Pre ddWosdd do bon* N omlfir A A 1, t 4 . pubGAep ;K40d,i IdaEdnNdodkhitludad,on IN CONTRA r 19' oaillier Y. tne[arsr tat r11at SMles.de amtalaa, por, ojl at it is ~1rfnclpll ` u MAW AFRA M ~ s I p~d♦1190,000 JO bDnos b ASALORENAJO ' _ i de'dda tat wAO PROPUESTANO.) c, jar 0 law, risMcftvamkih, e A IaAVOR b! ar as. IM too IQ Doh aarla'denlre,dO EKCONTRA Okabdlad.0 frflM+ anualel to (Ina fltF 'w 104 di 04 851EMISIOW 0* 1,4100 PARR FAAQUES altfkV" pxa.'Fsoar ls;W% V do ier v/dd dos. j PJIOPIJk'STAiM.1 NMlisla elq faDrO f ks prel;lol y lnhfeor t /iVOR DE bend. Y l mantMer pg/ CONTRA uji a oA11f}It1fi0A usdb a la ~ cen1Q' 6j a N RMiSION. OE OOM01 ar,e'aNNf . r' detl►ehlfla 11 Nr dtttntlal do r 400800 PAAA- Mn- c4vetpd aa,Co"$01'~e1( PftoruEsT No.1 , Munkiofis, cars of firs k I e ANIVEAI1Tr ~~MYeI'alrfertia~Cuerpod° a. I*ktofl III G prapied ,1► oP~~ISTANO.i M an/kon~N e014 7ycfs.ndo maw Para pf0 ~yR ONt + wnN'de dkh• Ch" PNlto puWko on let der 'a *1 0 IA Mt►NS a alnttloMn, bare conehucclas d .0114 MI I N DpE~ rOhftls~ i .Morita ppr(liltd+I n1w YuD~n1N 114US O l dRAS', pp/~ 51,100 PRA ME, peM0000p.NAb1 ~f0! l'1 DIFICId de ead( oil sari. e ° to 0 Cie Com•Wro$ MUNIGFALE/ ton. faOpcklrvMfiMh,'/ dnkipat}/ ,N Ion Y r PROPUESTINO. fp ' fit bat h9 is 11 (l la/ V t Aft R D# IIL falta4lMde IM1 'c_ or, IMpy~afN ad ENl►at ar1a.. lathe ea v f abrem aAlTalei Plnrww el~an Elf ORRA/~60N0! Y N let rMfdl~ a IMNifq t ae&alFAC106PA~ EbOMfiESR03 drsiksYatsffPM,talas ~ ck N tANO:T days ' 9 1 I AFFIDAVIT OF POSTING NOTICE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON BEFORE ME, a notary public in and for the above named County, on this day personally appeared the Af€iant whose name is subscribed below, who, having been duly sworn, says upon oath that on November /2, 1982, a true and correct copy of the -`_tached and following NOTICE OF ELECTION was duly posted in the above named City at each of the public places as follows: (a) one at the Municipal Building Wit Hall); (h) one at ; (c) one at ; (d) one at .64, A ant SUBSCRIBED AND SWORN TO BEFORE ME on November/2, 1982. y' A JUNSTTESCC? otary u C IlDtrf luerk Vait 0 1 w ~ 11~PA#Tllfbn flDim A!, ^h„a•• My commission expires (NOTARY PUBLIC SEAL) JEAN£TTE SCOTT ft"po .bwdiwA j, *~~j~{N,IC131 t5A5 a AVISO DE ELECCIONES ESTADO DE TEXAS CONDADO DE DENTON CIUDAD DE DENTON A LOS RESIDENTES, CON DERECHO A VOTAR, DE LA CIUDAD DE DENTON: SE LES RACE SABER QUE unas elecciones tomaran lugar en la Ciudad de Denton tal comp se estipula en la ORDENANZA LLAMANDO A LAS ELECCIONES, cual Ordena.iza fue debidamente dada por el Cuerpo de Consejeros Municipales de dicha Ciudad, y cual ORDENANZA dice sustancialmente como a continuacion sique: EL ESTADO DE TEXAS CONDADO DE DENTON CIUDAD DE DENTON CONSIDERANDO, que se juzga necesario y conveniente el llamar a 1as elecciones de aqui en adelante ordenadas; y CONSIDERANDO, que oficialmente se encuentra y determina aqui que existe un caso de emergencia de necesidad publica urgente el cual requiere que tenga lugar una reunion en la cual esta Ordenanza sea pasada, siendo tal emergencia de necesidad publica urgenta la necesidad de adquirir los fondos ha obtenerse con la venta de los bonos propuestos, sin retrasos, y to mas pronto posible, para el fin de utilizarse para mejoras publicas urgentes y necesarias; y que dicha reunion se hizo publica, habiendose publicado la hora, la fecha, el lugar, y el proposito de dicha reunion, todo tal coma esta estipulado por Vernon's Ann. Civ. St. Articulo 6252-17. POR CONSIGUIENTE, ORDENA EL CUERPO DE CONSEJEROS MUNICIPALES DE LA CIUDAD DE DENTON: 1. Que se aostendran unas elecciones el dia 11 diciembre de 1982, en dicha Ciudad en los siguientes lugares de votacion: CIUDAD DE DENTON CIVIC CENTER DENTON, TEXAS Dicha Ciudad se constituira en un solo precinto de votacion Para tales elecciones, y los siguientes oficiales de elecciones son aqui nombrados para sostener tales elecciones: E1 Juez que Preside: Don Pickens E1 Juez Alterno que Preside: Jo Luker 2. Cue el Juez qua Preside nombrara no menos de dos oficinistas dependientes calificados para servir y asistir en el conducto de dichas elecciones, y si el Juez qua Preside actualmente sirve como expresado, entonces el Juez Alterno debera de ser uno de tales dependientes. 3. Cue al aprobar y firmar esta Ordenanza el Alcalde (Mayor) de dicha Ciudad oficialmente confirma el nombramiento de dichos oficiales de votacion para servir en dichas elecciones; y al pasar esta Ordenanza el Cuerpo de Concejales de dicha Ciudad aprueba y esta conforme con los nombramientos de dichos oficiales de votacion. 4. Cue todos los electores residentes y calificados de dicha Ciudad tendran el derecho a votar an dichas elecciones. 5. Cue se dara noticia publica de dichas elecciones exhibiendo una copia fidedigna de esta Ordenanza en las Oficinas Municipales de dicha Ciudad, y an otro. trcd lugares publicos an•dicha Ciudad, no menos de 15 dias de anterioridad de la fecha fijada para sostener dichas elecciones y nambien se publicara una copia fidedigna de esta Ordenanza an el mismo dia de cada una de dos semanas sucesivas an un diario (periodico) de circulacior general on dicha Ciudad, y tambien se publicara an el Condado la fecha de la primera publicacion pera con no menos de 14 dial de anterioridad a la fecha fijada para dichas elecciones. 6. Cue an dichas elecciones las siguientes PROPUESTAS saran sometidas de acuerdo a la lays PROPUESTA NO. 1 Si se le autoriza al Cuerpo de Consejeros Munici- pales de la Ciudad de Denton el emitir los bonos de dicha Ciudad, en una o mas series de emision, en el monto principal agregado de $8,215,000, con los bonos de cads tal serie o emision, respectivamente, a ver:erse por serie dentro de pero no execediendo treinta anos desde su fecha de emision, y de ser vendidos a tales precios y acarrear tales promedios de intereses, de acuedo a la ley, como se determine a discrecion del Cuerpo de Consejeros Municipales, con el fin de la adquisicion de propiedad y haciendo majoras Para proposito rublico en la Ciudad, a saber: mejoras a calles y veredas; y si se le autoriza a dicho Cuerpo de Consejeros Municipales el asignar y ocasionar el fijar y coleccionar de impuestos ad valorem anuales en una cantidad suficiente para pagar los in- tereses anuales sobre dichos bonos y el mantener una caja de amortizacion para pagar dichos bonos al vencerse estos? PROPTJESTA NO. 2 Si se le autoriza al Cuerpo de Consejeros Munici- pales de la Ciudad de Denton el emitir los bonos de dicha Ciudad, en una o mas series de emision, en el monto principal agregado de $3,292,000, con los bonos de cada tal serie o emision, respectivamente, a vencerse por aerie dentro de pero no execediendo treinta anos desde su fecha de emision, y de ser vendidos a tales precios y acarrear tales promedios de intereses, de acuedo a la ley, como se determine a discrecion del Cuerpo de Consejeros Municipales, con el fin de is adquisicion de propiedad y haciendo majoras para proposito publico en la Ciudad, a saber: mejoras al drenaje; y si se le autoriza a dicho Cuerpo de Consejeros Municipales el asigwir y ocasionar el fijar y coleccionar de impuestos ad valorem anuales en una cantidad suficiente para pagar los intereses anuales sobre dichos bonos y el mantener una caja de amortizacion para pagar dichos bonos al vencerse estos? PROPUESTA NO. 3 Si se le autoriza al Cuerpo de Consejeros Munici- pales de la Ciudad de Denton el emitir bonos de dicha Ciudad, en una o mas series de emision, an el monto principal agregado de $218,000, con los bonos de cada tal serie o emision, respectivamente, a vencerse por aerie dentro de pero no execediendo treinta anos desde su fecha de emision, y de ser vendidos a tales precios y acarrear tales promedios de intereses, de acuedo a la ley, como se determine a discrecion del Cuerpo de Consejeros Municipales, con el fin de la adquisicion de propiedad y haciendo majoras para proposito publico en la Ciudad, a sabers comprar y mejorar sitio para proposito de parquet y si se le autoriza a dicho Cuerpo de Consejeros Municipales el asignar y ocasionar el fijar y coleccionar do impuestos ad valorem anuales en una cantidad suficiente para pagan los intereses anuales sobre dichos bonos y el mantener una caja de amortizacion pars pagar dichos bonos al vencerse estos? PROPUESTA NO. 4 Si se le autoriza al Cuerpo de Consejeros Munici- pales de is Ciudad de Denton el emitir los bonos de dicha Ciudad, en una o mas series de emision, en el monto principal agregado de $900,000, con los bonos de cada tai eerie o emision, respectivamente, a vencerse por aerie 2 dentro de pero no execediendo treinta anos desde su fec:ha de emision, y de ser vendidos a tales precios y acarrear tales promedios de intereses, de acuedo a la ley, Como se determine a discretion del Cuerpo de Consejeros Municipales, con el fin de la adquisicion de propiedad y haciendo maj(-ras para proposito publico en la Ciudad, a saber: adquisicion de derecho de paso y reconstruction de University Drive; y si se le autoriza a dicho Cuerpo de Consejeros Municipales el asignar y ocasionar el fijar y coleccionar de impuestos ad valorem anuales en una canti- dad suficiente para pagan los intereses anuales sobre dichos bonos y el mantener una caja de amortizacion para pagar dichos bonos al vencerse estos? PROPUESTA NO. 5 Si se le autcriza al Cuerpo de Consejeros ,Munici- pales de la Ciudad de Denton el emitir los bonos de dicha Ciudad, en una o mas series de envision, en el monto principal agregado de $1,100,000, con los bonos de cada tal serie o emision, respectivamente, a vencerse por serie dentro de pero no execediendo treinta anos desde su fecha de emision, y de sr_r vendidos a tales precios y ,acarrear t3les nrOmedics d de acuedo a la ley, C O ae deterr-i.ne a di_cc~ci.cn del Cuerpo de Consejeros?uni- pales, con el fin d la adquisicion de orcpiedad , ha-ten- do majoras pars proposito publico en la Ciudad, a saber: expansion y renovation del Edificio Municipal; y si se le autoriza a dicho Cuerpo de Consejeros Municipales el asignar y ocasionar el fijar y coleccionar de impuestos ad valorem anuales en una cantidad suficiente para pagar los intereses anuaies sabre dichos bonos y el mantener una caja de amortizacior para pagar dichos bonos al vencerse estos? PROPUESTA NO. 6 Si se le autoriza al Cuerpo de Consejeros Munici- pales de la Ciudad de Denton el emitir los bonos de dicha Ciudad, en una o mas se•-ies de emision, en el monto principal agregar', $450,000, con los bonos de cada tal serie o emision :tivamente, a vencerse por serie dentro de pero j. Aiendo treinta anos desde su fecha de emision, y de _--r vendidos a tales precios y acarrear tales promedios de intereses, de acuedo a la ley, como se determine a discretion del Cuerpo de Consejeros Municipales, con el fin de la adquisicion de propiedad y haciendo majoras para proposito publico en la Ciudad, a saber: construction de una nueva subestacion de bomberos; y si se le autoriza a dicho Cuerpo de Consejeros Munici- pales el asignar y ocasionar e1 fijar y coleccionar de impuestos ad valorem anuales en una cantidad suficiente para pagar los intereses anuales sobre dichos bonos y el mantener una. caja de amortizacion para pagar dichos bonos al vencerse estos? PROPUESTA NO. 7 Si se le autoriza al Cuerpo de Consejeros Munici- pales de la Ciudad de Denton el emitir los bonos de dicha Ciuda9, en una o mas series de emision, en el monto principal agregado de $110,000, ,on los bonos de cada tal aerie o emision, respectivamente, a vencerse por serie dentro de pero no execediendo treinta anos desde su fecha de emision, y de ser vendidos a tales precios y acarrear tales promedios de intereses, de acuedo a la ley, como se determine a discrecion del Cuerpo de Consejeros Municipales, con el fin de la adquisicion de propiedad y haciendo majoras para proposito publico en la Ciudad, a 3 } saber: proveer senas adicionales para control de transito= si se le autoriza a dicho Cuerpo de Consejeros Munici- pales el asignar y ocasionar el fijar y coleccionar de impuestos ad valorem anuales en una cantidad suficiente para pagar los intereses anuales sobre dichos bonos v el mantener una caja de amortixacion para pagar dichos bonos al vencerse estos? 7. Que los balotes oficiales para dichas elecciones se prepararan de acuerdo con el Codigo de Elecciones de Texas para asi permitir al elector el votar "A FAVOR" o "EN CONTRA" de las antesidichas PROPUESTAS, tales balotes a ser sustancialmente escritos conteniendo tales provisioner, marcas, a idioma Como to requiere la ley, y que tales PROPUESTAS seran sustancial- mente expresadas como sigue: PROPUESTA NO. 1 A FAVOR DE I } LA EMISION DE BONOS DE $8,215,000 I PARA MEJORAS DE CALLES Y VERDAS EN CONTRA I PROPUESTA 110. 2 A FAVOR DE } LA EMISION BE BONOS DE $3,282,000 PARA MEJORAS AL DRENAJE EN CONTRA ) PROPUESTA NO. 3 A FAVOR DE ) LA EMISION DE BONOS DE $218,000 PARA PARQUE EN CONTRA ) PROPUESTA NO. 4 A FAVOR DE ) LA EMISION DE BONOS DE $900,000 PA,ZA MEJORAS A UNIVERSITY DRIVE EN CONTRA ) PROPUESTA NO. 5 A FAVOR DE ) LA EMISION DE BONOS DE $11100,000 } PARA MEJORAS AL EDIFICIO MUNICIPAL EN CONTRA PROPUESTA NO. 6 A FAVOR DE LA EMISION DE BONOS DE $450,000 PARA SUBESTACION DE BOMBEROS EN CONTRA ) PROPUESTA NO. 7 A FPVOR DE ) } LA EMISION DE BONOS DE $110,000 PARA SENAS DE CONTROL DEL TRANSITO £N CONTRA ) 8. Que por este medio se encuentra y se determina que el tiempo probable de utilidad de las mejoras propuestas cabridas por cada antesdicha PROPUESTAS es 25 anos. 4 9. Que Articulo 9, Sec. 9.02 de la Carta Constitutional municipal contiene la siguiente estipulacion y requiere que esta ordenanza de election distinctamente estipule: "(6) una determinacion de la deuda neta de la Ciudad despues de la envision de los bonos por este medic, autorizados, juntamente con una declaration que los bonos por este medio autorizados estaran dentro de todas las deudas y otras limitaciones prescribidas por la Constitucion y las leyes del Estado de Texas."; y La determinacion esta por este media, hecha q,.ie la dauda neta de la Ciudad despues de la emision dt los bonos aqui dentro propuestos a ser sometidos sera no m,s de $27,210,000, y esta por este medio declarado que dichos bonos de obligation general estaran dentro de toda deuda y otras limitaciones prescribidas por a Constitucion y las leves del Estado de Texas. 5 1"21 aft, . 1 ` ~ t