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HomeMy WebLinkAbout1982 V14! ` OFFICIAL BID FORM April 6, 1982 Honorable Mayor and City Council City of Denton Denton, Texas Gentlemen: Reference is made to Your 500ffi iClTYtOFe DENTONa TEXAS WATER AND SEWER SYSTEM REVENUE BONDS, ~ti of March 150 19829 of S1, SERIES 1982, both of which constitute a part hereof- for your lggally issued Bonds, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and accrued interest from date of issue to date o for Bonds maturing and bearing interest delivery to us, Pus a cash premium of as follows: interest Interest Maturit Rate interest MaturjjY- Rate _ Maturi L Rate 7-15-1988 % 7-15-1994 % 7-15-1983 % % x 7-15-1995 % 7.15-1989 7-15-1984 % 7-15-1985 % 7-15-1990 7-15-1996 % 7-15-1497 % 7-15-1986 % 7-15-1991 % 7-15-1998 % % 7-15-1492 7-15-1987 _ 7-15-1993 % Our calculation (which is not a part of this Did) of the interest cost from the above is: Total Interest Cost 5--- Less Premium S NET INTEREST COST % EFFECTIVE INTEREST RArE Bank, ' or Check of the osit is a at a ubmieretotted in n e amounE"ol33D wi'tch represen s our o a D (has been made awilab'1 to YOU prior to the opening of this bid), and is s accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions. Sank, t for A we agree to ustin, Texas, accept later delivery than 1000 AMa CDTs onn May 18 the 1982, or Brea er on a ate the Bidding ms set forth In th. Notice of Sale and a pursuant to the ter Bonds rare tendered ar delivery, Du Respectfully submitted, By epresen at ve ACCEPTANCE CLAUSE The above and for going 9Bd is hescby in all things accepted by the City of Denton, texas, this the 6th day of APrIlo 19 eyor ATTEST: y cre ary aura* Return of Good Faith Deposit is hereby acknowledged: By CITY OF DENTON EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, hereinafter called "City" and CHRIS HARTUNG# hereinafter called "Employee," both of whom understand as followsc RECITALS The City desires to employ the services of Chris Hartung as City Manager of the City of Denton as provided by the Ctty e-narter and ordinance creating and setting forth the duties of the City Manager. AGREEMENT 1. General Cit} hereby engages Chris Hartung as City Manager of the City of Denton, Texas to perform the functions and duties specified in the City charter of the City of Denton and by applicable provisions of the City code and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. City council appoints Chris Hartung as City Manager and may remove him at any time subject to the provisions of this agreement. 2. Compensation City agrees to pay Chris Hartung for his services at the annual base salary rate of $54,000 annually payable in installments at the same time as other employees of the City are paid, and $300.00 per month car allowance. City agrees to increase said base salary and/or other benefits of Employee in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. An annual performance review will be conducted during October of each year. City of Denton Employment Agreement Page Two 3. Hours of Work It is recognized that the City Manager must devote a great deal of his time outside normal office hours to business of the City, and to that end, the City Manager will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Employee shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City connected business without the prior approval of the Council. 4. Professional Development The City hereby agrees to budget and to pay the travel and subsistence expenses of Employee for professional and official development of Employee and to adequately pursue necessary official and other functions for City, includinI but not limited to the Annual Conference of the International City Management Association and such other national, regional, state and local governmental groups and ommittees th^reof which Employee serves as a member. The City also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his or her professional development and for the good of the City. The City agrees to budget and pay the professional dues and subscriptions of the Employee necessary for his continuation and full participation, including the holding of responsible offices in national, regional, state and local associations and organization6 necessary and desirable for his continued professional participation, growth and advancements, and .-or the good of the City. 5. Termination and Severance Pay in the event of his involuntary separation as City Manager, he shall be entitled to receive a lump sum payment equal to thirty (30) days aggregate salaryl p':ovided, however, that in the event Employee is terminated because of his or her conviction for any offense involving moral turpitude or any illegal act involving personal gain to him, then, in that event, City shall have no obligation to pay the aggregate severance sum designated in this paragraph. Involuntary separation as used in this paragraph means his discharge or dismissal by the City Council or his resignation City of Denton Employment Agreement Page Three following a reduction in salary or other finanr_ial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all City employees or in the event the City refuses following a written notice to comply with any other provisions benefiting Employee herein or the Employee resigns, following a suggestion, whether formal or informal, by the City Council that he resign, then, in that event, Employee may at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Before voluntarily resigning his position, Chris Hartung agrees to give the City Council at least thirty (30) days notice in writing of his intention to resign, stating the reasons therefor. 6. Other Terms and Conditions of Employment All provisions of the City charter and code, and regulations and rules of City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or htj:eafter may be amended, also shall apply to Employee as they wouli. to other employeea of the City, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided.. Employee will accumulate vacation time at the rate of one (1) day per month and be eligible to take six (6) days of vacation time after serving for six %6) months. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. EXECUTED in duplicated originals this the day of 3982. EMPLOYERt THE CITY OF DENTON, TEXAS BY1 c ar te`wart, ayor City of Denton, Texas EMPLOYEEt C r s fiat ung, City anager City of Denton, Toxas 5348A Am OFFICIAL BID FORM Honorable Mayor and City Council City of Denton April b, 1982 Denton, Texas Gentlemen; Reference is made to your Off lcial Statement and Notice of Sale and Bidding instructions, dated March 15, 1982, of S1,5oo,000 CITY OF DENTON, TEKAS WATtW AND SEWER SYSTEM REVENUE BONDS, SERIES 1982, both of which constitute a part hereof. For your legally Issued Bonds, as described in said Notice of Sala and Bidding instruct d ions an delivery totusemplus s cwiashllpremi um of you (far and accrued interest from date of issue to date of as follows; for Bonds naturing and bearing interest Interest Mats itLr - Aare Interest Intt est MatvrltL _ Ante Maturity Rate 7-15-1983 X 7-15-1988 X ]-15•!994 X 7-15-1984 % 7-15-1989 X 7-15.1995 X 7-15-1985 % 7-1b-1990 X 7-15.199b X 7-15-1986 % 7-15-1991 - X 7-15-1947 X 7.15-1987 % 7-15-1992 ` X 7-15-1998 X 7-15-19» % Our calculation (which is not a part of this bid) of the interest cost from the above is; Total Interest Cost = Less Premium UT INTEREST COST s EFFECTIVE INTEREST RATE Tn the amount o Check of the 8-'-- -x (has been made available to ypu pr~ars~ostheropentngaof thiisib Id) t ( sand isse-Ti-ree in accordance with the terms as set forth in the Official Statemert and Notice of Sale and Bidding Instructions. We agree to accept delivery of and make payment for the Bards at Austin, Texas, not later than 10:00 AN, CDT, on May 16, 19b2 or erea er on Bankthe Bonds are tendered for delivery, Ojesuant to the terms set. ;orth in the Notice~of Sje and Bidding Instructions. Respectfully submitted, - - - - By `7G+ti~'or-fie epresen eiTve` ACCEPTANCE CLAUSE The above and foregolny bid is hereby in all things accepted by the City of Denton, Texas, this the 6th day of April, 1982, ------"'Ffey`or ATTESTt --M 3-etri ary •R1R~fr Return of Good faith Deposit is hereby acknowledgedi BY EMPLOYCAB CaBUaLTY company EMPLOYE3A+3 NVITIonaLinSURance company 4" SOUTH AKAAO • DALLAS, TEXAS YOUR WORLD OF PROTECTION General Liability and/or Automobile Policy n LLOYD BOLTON ,rr ur t nr.ir„our Nord" SrNI ss HOW: a ru cl,,; 634.3500 DALLAS DISTRICT OFFICE r. $585 N. Stemmens Friary.. Suite 1001 t-PA. 6>14•$6$0 Degas, Texas 75247 't'e The Voml,any designated ern the der rations page ((A titcs k insurer cr company, heri maiier valle<f the Company), in convidcralion (if the payment of the premium, in reliance upork the atatementa in the de.lnralions made a part hereof and subjtot to all (,f the terms of this policy, agrees with the named insured ms follows: The Insuring Agreements and any Special Provisions are contained In the separate Coverage Part or Parts Issued to complete this policy. SUPPLEMENTARY PAYMENTS The company will pay, in Addition to the applicable limit of liability: of hail bands required on the insured beccuse Of Accident or traffic (a) all exnses incurred by the company, all costs taxed against the In- law violation arising out of the use or any vehicle fo which Wit policy sureper in any suit defended by the company and all interest on the applies, not to exceed $2W per hail bond but the company rhall have entire amount of any judgment therein which accrues after entry of no obligation to appiy fur or furnish any Auch bonds; the Judgment and before the company has paid or tendered or aryw- (c) expenses Incurred by the Insured for first aid of others at the time ailed in avert that pert of the judgment which does not exceed the of an accident, for bodily injury to which this policy applies; limit of the company's liability thereon; (d) reasonable expenses inruered h the Insured at the company's re. IN mium, on appeal bonds required in any such suit, premiums on uest in assisting the company in the Investigation or defena, of Any Ms to release attachments in any such suit for an amount not in claim we suit, including actual Irms of earnings no: to exceed $26 per excess of the appliceble limit of liability of this policy, and the Bost (I ey. DEFINITIONS When tired In this pxgk-y (irk Inkling er domments foaming a port herer•l): another contractor or sulocontroctor engaged in lrerforming operations for "automobile" means a land motor vehkle, trailer or semi-trailer d(riigned fur, , a principal as a lurrt Of the name project travel on public roads lincluding any machinery or ap1mratus attached tht'ri- 014ral iotnt rshich may re<ruire further service or maintenance work, or to), but dots not include n :bile equipment; correction, repair or replatvment testate of any defect it deficiency,ibut "bodily Jnl'ary" means bodily in~j'uury, sickness or disease sustained by any which are otherwise complete, shall be deemed completed. perwxt which (ircurs during the ►wolky period, including death at any time re- 9'he completed operations hazard does not Include bodily Injury Putting therefrom; tit properly damage arising o ul of "collapse hazard" Includes "PVtktural proloerty damage" M defined herrin (a) op erationn in ttmredbn with the trarulxs'tallon of property, onlew the and properly damage to any t4her property at any time resulting there- bodily Injury rot property damage ariaes out of a aAiditlors in or on from. "tilnaiural property eLunager" mearvt the collais;e of ee structural injury A vehicle created by the loading or unloonding thereof, to any Inukling or otruclure due to It) grading of land, excavating, bornming. filling, beck-h I , turmiling, pile driving, a0erdam work or caisarrn wit rk or ubl the exWenre to( tAxAA, uninstdlod equipment or nbanduted or unused (2) moving, shoring, underpinning, raising or demolitiae Of any huilding Or materials, or structure or remtrvai or rebuildingg of a,.y 11tna4ut,d alrpp ore thereof. 1'he collapse hazard " not incleale property damage (l) sriaing out of Irl uperatirorts G+r whidi the rl" icatiim slated in the policy Or In the com- Operations performed for the named Insured by indeperxJent ronlractors, l,any's manual sptcities "including twripleted operntipnn"i cor (2) incl(aJed wither the completed operations hazard or the under- ground property damage hazard or 13) for which IWAity in easumed "elevator" mean, any hoisting ur lowering device to connect tkwrg or land- hy the inaurcki under an fneldeetal contract; ings, whether or not in smite, end aN Appliances tleteof including any car "completed operations hazard" inrhxlcs bodily Injury And property ,Istforrn, shA.l, Mdstway, stairway, mnwnyrvpi~trsef Pr upmeritart. MACh .y, damage arising rut of operations (or reliance upon a re',rowniatknt or war ~nlatf rrna aolalde erbu+INng if wmh ait mhchanifcal lxrwer or d n~r,ltatttx hedI roily mAele at any time with runpe r't thereto, but only if the bodily injury or property damage occurs after such operations have bon mmpletetl or ~"Idinq walls, or w hrorl nit material Fsrist used In Alteration, ronstiu(tlrat br at,and, rttsI ~t~t dd o~ctnlrx away from lurmir+es owner! try or rented W tie named demolition o1wrations, err an Inclined ttirnveyor wed exclns(vely, flit tArrying Insured. "Qperao.Jons" Ire) ede materials, paria or equipment furnished in p"xirtY err a dumbwaiter used exclusively for rarryhig property and having connect i therewith. Operatinru chap be deemed completed at the earliest a nomparimeht bright not exceeding far feet; of the ollowing times: "explosion hazard" includ(i property damage arising out of Mating t'ot (1) when all ,operations to tee performed by or on behalf of the named In- tx``'to>pirat.'Ilre explosion hazard rlot4 not Include property damage (1) ari+ing out of the explosion of rjr tit ateam vemels,plrlping under piemire, sured under. Ow (2) when all operat6ms to to prrformad byoor pon betwr of the nanttd In- f impee eti(ma~perfrrmedrft oot "t I.-animi it r the named I Iauted trylllrxlnerpenink, (2 dent)ccx Irseeineb, cured al the site of the operations have frltn completed, or or 131 included within the completed operations hazard or the usider• (3) w~rhen the pwttkxt of the work but of which the Injury nit remaAgg~a arises round properly damage hazard nit Ii1 fir which liability is mourned h'A beret pee to its Intended use by any person or ergAnbatkon M1Kr than ry it* Insured undet an Incidental crattact; ENEC t7010C (42-00) 'laetdenlal eentract" mesas AnY'written (I) lore of premises, 12) eaxeermeht 'policy territory" means; gue.menl, exiviol In cons ..Ion with mcstruct1cm or demo,itkin operations on (1) the United States of America, its ter,itnrles or ponessiorea, or Canada,'ur or ad*' M4 Ib a I~titrfrd, l3j undertaking to Indemnify a municipality regple«j (2) international wales' or r space sidetrack u Wp4 O (Rli ttrl~ except bi trmnection with work for the municirost~~y, property damage elms rVA ocoriir inp~ n t 4 the el or t ann~ ~ OUrSe +yrNRktlt, or (6) elevator maintenance reement; tins to or from any other usenl ry, state or nation, or 'insured" meatus nny Ienv,n or organisation gtue:iOlog as an Insured In the (3) ,Anywhere in the world with respnt to damages hi-came of bodily injury "Persons Insured" provision of the applicable insurance coverage, Inie [rmur, or properly damage arlaing (rut of a induct which was sold for retie or ante alfonted a~rplitw separately tr each Insured against wMxn clk; rt 6 made consumption within the territory described in paragraph (1) alxwP, prre. or suit is broue 1, Px(rpt with resprct to the limits of the oomponys liabl'lily; vided tTie h origins) Wit for such damages is bnnight wit in such territory; "mobile equipment" means a land vehicle (including an,yy machinery or "products hazard" includes bodily injury and properly damage arks apparatus attached I hrrelo% whether ur not self propelled, 111 trot Whjttt to Ing out of the named Insured's products ow reliance upon a representation motor vehicle registrelloe, or (2) maintained for ewe rxchinively on prembes or warranty made at any time with respect thereto. but only if the bodily owned by cr rented to the named Insured, including the way-s:ounediately Injury or properly damage onus away from premises owned by or rented sdjoinfng, or (3) designed for ose pritiefj)allyy otf public roads, or III dewigrterl in the named insured rind aftr physical psrss-snfon of such pnducts has or maintained for the Pole purple of affonfing moNlily to cstuipmcnl of the befn relinquished to others; folknsing types forming an integrsl part of or permanency atlachtil to sax h "property damage" mean (1) physical injury t) or destru(tfon of tanible vehicle: power cranes, shovels, loaders, diggers and drills; nrncrete mixers property which o rcurs during the policy pp!~eeriml, including the Iona or", (other than the mix-fn•trannit type); graders, AcraperA, rollerA and other reed ' thereof at Any Nine remdtin~ t s•ndrom, Or 12) krsa of use of tangible property mnstruction bud rig sprayer repair welding and nt; airncgomeanras irs, pumps and generators, In. which has not been physics ly injured or destroyed pnwided rich It" of use cluding A re and well sewed g equipment; and geophysical 6 caused by an occurrence during the policy perks!; rig equipment; "underground properly damage hazard" includes underground "named insured" means the person or organization rutnxri in Ilan 1. (of the property damage as defined herein and pro rty damage to any other declarations of this policy; property at any time tesulUng thetefnxru ' " means properly damage to wirer, cuduf ~rym~~v, se Y clarnapie 'named Insured's products" means greets or ndrxtx marufsetured, +r1d, tunneb, any seminar property, and any apparatus k pf m ra, sewers, to i, handled or distributed by lne named inane (r by others trading under EFnEh the surface of the ground or wW, la 'arid ccur therewith, his name, including s7 container "neof (other than a vehicle), but "named the tu/e of mecharural equipment for the pwp ee of gading land! g ing~retx lni ured'a products shall not include a verxi n machine for any g y property cavating, drilling, borrowing, flllfng, back-filling (if ppatle drlvtryp uo er• other than such crxrialner, rented to or located .or use of others but nut sold; ground property damage hazard deer not include;to , pertJ/ damage (1) arising out of ope°atrs ppecrf rmtd fur the named invurei by Indepen- "occurrence" means an accictent, Including caetinlxnna or repeated exposure dent crrnlracbnrs, or (2) Included within the completed operallons hazard to conditions, which results in bodily injury or property damage rwithe1 or (3) for which liability fA assumed by the insured tuidtr an incidents expected nor intended from the standpoint of thn Insured; toniract. CONDITIONS 1. Premium. All premiums for this policy shall be computed in dom rdance with the provisions of such taw to the extent of the coverage and limits of with the company a rule► rata ratinngg plans, premiums and minimum pre' liahilit r aired miurr a applicable to the insurance &I corded herein. Y M by such pew, The Insured AKrota to reimtxnrse the kotlpilhY ror.any Premium des:1rated in this policy as "advance premium" is a depsil gated to make under the t rms of his lx;llicy'texnpt Rn the have been con. premium only which ahttl to credited to the amount of the earned premium talned in this paragraph. egnserrunt inn. due at the end of the pub --y perked, Ai the cluse of each period (or par% therefor If, i terminelin with the end of the icy under the lpe compulsory skrrs (of the moan vehicle s imil re:bcily taw g P~ perked) designated in the declarations of the e motor vehicle ktaverre law or any similar la* aw M of' any stale as the audit period the earned premium shall be computed for much period or provlnce, a rion-reaident Is required ter maintain insurate with ren to Ares, upon hodet thereof to the named Insured, shell become due and fay- the nperatierr or use core mote vehk le In such state or prWries and such m. able. if the tatsl earned premium for the di mfum p cy period In less than the pre- greater than the insurance pcovlded by th,~ icy, pxevkarsty paid, the company shall return to t5e named insured the the litmits oftthe c company's am unearned portion paid Iry tky named Insured. cy D~Y'e liability and the kirxkl t<.xverage afforded the i the i1 a named insured shall maintain records of such Information as in pvide(of t ~hee as set forth in such law, in lieu of tiro Ir ah,e otherwio pro- necessary for premium computation, and shall send copies of such records to resp(xt to the opAq, pets but orb use of a maextent ufr vehicle n etby such law and kh elate lr pb since the compohy at the end trf the policy period and at such times during the p"Mcled that the irstearee under thlegnwition "J' he r64utrd to the emant policy perked SA the Company. may direc4. that there Is other valid and eniketiMb Innumnee ruder thls'nr an other 2. Inspection and Audit The company Full le.permitted tout rx t obit- "or vehicle irstirence policy. In no event shAlf any ppreerwm be ehtitlal to ,aced to inspect the named Insured's property and operations at any time. receive duplicate ; eymunla for the same elements of kwe. neither the cxnpany a right to make Inspections nor the making thereof nor 4. Insured's loupes In the P,v, at of Occurrence, Claim or Suit. any report thereext shall constitute an undertaking on behalf of or for the (a) In the event of in occurrence written notirr Wtidn benefit of the named Insured or others , to determine or warrant that such euftent to identify the IneureJ and also masons pe140 IN • pn pcrty cot operations are safe or heal:hfui, or are in compliance with an 4tw, ma}k+t withr Y totinaglnpbee In rule or regulation. y ~,upeel to the time, place and circwnslnrtrca phereh(, clad the }e name% and addremes of the Injured and of s, kflehle witrsceses, shall he The company may exemine and audit the gamed Insured's 6Krks and given by or for the Insured In the cxnpany or any of Its authririmd rocurds at any Lime durinngg the policy perked and exterakms thereof snot within afinu ss soon ad pra doable. three years after the fcrsl termtratlon of this policy, as far as they relate to Ili) if claim l made or suit is hot tight agairm the Irtoured, the IniOtlid shall the subject matter of th1A Insurance, Immediately forward to the a mpany every demand, no&o. summa fa or 3, Mancial Aespridelblllly Laws. When abler policy is certified as group tthen p.v ya received by him or his relmsentetrYe, I of financial hspo althy pot the future under the p,{~ 4ons of aA nWor (c) This Insured shell oorgrente with the a,mpsny acrd, upon tie oor~spett ya ' vehicle enarxial relml, rs" Al lot low, MA Inswatim as L kf[rxdod by this tJs conduct a• suits isles I fax bodily Injury liability or fax properly damage ILAbility r comp! for Ing any right if conttribbut~ tietIndemnit n e y against Any person or or. . DECLARATIONS ❑ EMPLOYORS ceauA3LTY company General Liability Polity ❑ EMPLOYORS N84'IOn9L InBURance company POLICY NUMal11 r ' / 1tP11pM'$ Numhur III,, No! l-1•'oy ;r 1•t 11 1 . NAMI I.' Y, E i+. i' 111 T. r: r_ 'C: 1• rl • I!ISUA1I' ADOivE SS Li. (No, 51r rr1, 7'a+0 .!'1 ~ COUA4, tad r Sr trf 1. 2. PDLICY lrnnr`/ 4 +r/~.'' i} AUDIT PERIOD ANNUAL PERIOD UNLESS OTHERWISE STATED I 17 OI A M STANCIARh TIME AT THE ADDRESS OF THE NAMED INSURED AS STATI!r Itfd(n3 731f'. NAMED INSUNrn i5 BUSINESS ❑ Indisidunl 100,1porlltion ❑ Partnership ❑ Other I LU r.ATIDN OF PREEI!SES IF OTHER TITAN ADDFE 55 INDICATED AB01'[ 3. THE PREMIUM FOR THE POLICY SHALL BL PAYABLE ON A El Monthly _ L-1 Quarterly El Semi-Annual El Annual Ilasis D In Advance 4. THE INSURANC( AFFORDED IS ONLY WITH RESPECT TO SUCH OF THE FOLLOWING COVERAGE PARTS AND COVERAGES AS ARE INDICATED nY SPECIFIC PREMIUM CHARGL OR CHANGES THE LIMIT OF THE COMPANY 5 LIABILITY AGAINST SUCH COVERAGE SHALL BE STATED III-REEIINN SUBJECT TO ALL THE TERMS OF THIS POLICY HAVING REFERENCE THERETO ('OI'F;kACF:I 11)1',1\('R 1,1511TS OF LIABILITY (OVERAGES 111%It'rS PREMIUM 12. is bol)1[,Y A Macufarlurf,rs' and Contractors' 13, } ' Each Occurrence INJURY A 0%nerh', Landlords' end Tenants' 11, j } I ' } Aggregate LIABILITY A - OH'Br1'9' nrnl CnntraftOrA' Proterlier 15. I f IAvgrrKnlr Anl+rn I, Co,,erage fart 0 unlpl A - Cornplrlyd Operations And Pt'OdurtN 12. PROPERTY It Atanufarturr PS' and COntrar tot's' 13. $ ;'7 Each Ocrurrence ItAMAGE It OaBI'r.%" L'andlords' and Tenants' I 11. ' 1~ ' ' F~.'' ~ Aggregate I.IA101,11'1' it flunrrs' t+nd ('onir'Irlors' 1'rotPCllYe IS. IAeRmgnh~ Apptie. toXwerx,p• I'rrte 12, 11, Arid ILA It Coroplrled Cperatinns and 1 rn lurk 3. $ SEE SCFIENT1L; OF COVERAGE VA FIT 3 P Personal Injury Liability I 4. } SEE SCIfFAWLE OF COVERAGE: PART 4 l E Premises Medical I'ayrnents 10. } SEE SCIIEI)I'LF; OF COVERAGE I'AkT 10 Comprrhensire I'erannal Insurance II. } SEE SCHEDULE. OF' COVERAGE PART 11 F'Rrrnpim' Compiehenske Personal Insurance 4 t } } TOTA1, ADVANCE I'kEMIUM Fill, Gfr1AR4TIC'NS ARE COMPLf?[O ON 111E ATIACIIEO SCHFUIi1,fS t~, d, Etl.r Ar~mul TY 4nd Try ndr i ; : i I'ountrrsignrd At PALLAS, TEXAS Aulhnr irrd HrprrP alt Hrt ENEI', WA7010C 02801 COVERAGE PART 14 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF OESIGNATEDCONTRACfOR i i I. COVERAGE A-BODILY INJURY LIABILITY torlc chl:nliculs, I,y1n'I. err q;55rs, waste rnalfvlals or other nritanll, con- COVERAGE B • PROPERTY DAMAGE LIABILITY lmtullaniv of polluf,ml: Into 1,r upon Ian(t, Ihf• nimmo11ete or any vol the cOngamV well pay nn IwIlill of the insured rill slmis A'hu h It" lot ciwi- or holy 1,l o fl.r, bur I1I1 eaclusron dour not apply if such dis- sured shall hn(forno 1ufitly obllgnled to pay 11, donlalps ILI low Of chanlr f,fI)vrslll, it IF .1to fir i,,c ilx. is swiJor, and orf-04:n1al; Coveragll A. bodily Injury of III In loss of use 1,l Iowphlr. prnp•'Fly OF IILI nor burn physically Injured Covera!B' 1, ploperfy drimago Or IIvoloti I,rsuhu.q Inn.. It) wilifh IpI., lJoh Y ;rpplws, Call-(] by an occurrence will In,lny nut I,f I I 1 (1) tl delay In 1,r 1, s rot Iml forntance by or Lilt la;hhll o' the named in. npcr:fl l In l5 {u 'I In I Inc of fur Ihn named insuwd ILy 111r can tl IC for Iil`s ginnl l'd ulred of ;my l UOl,nr 1 or 611ruu,nenr, or in the Ik'clomliuns at Ihr, locat,ol, des,pnatrll 111 -tcoi if I2) nets 1,r onnssuons 121 Ili, F,dlne Of Ill, named insu re d's products a work heriormnd Gy Of (ino named insured Iif conruicnon w,lh lilt, ,p`1,, all Fiji ,r,rvislnn ill sut It or nn hcholl if 1,1^ named insursd to inuel the. Ievel of p(nforrn t>f)erafh Is, ;II, F III, Lun,I, Iny' ShI11I }lain 11 1 1 , x1(1111 N`I,I duly II , defend ally 51111 ;1'I,!_, yu.d,1V, f I I r I or 41111 RI I I II rIt Wir r Jnlu,1Fit II prevnp,d I,Y title :gl:linr,l Ihr Insured sooklnu d,utfiigos no ol...owir fit s1.lrh bodily injury or named insured, propollY damage, Poll 1 1 I f . u l y il l f i t . ' i 1 1 1 , r 1 1 U D " r : o f rip' dirt i r l . r p n u n r f l o , 5 . Il lr 11'13 ..fdllslUry 110 'i r •,I gq,Iy lo Ir,SS Of 1,S„ of Wilwr I,Iny,hll: Ilfop I,,Lo I,, flif ul,;- fit, and fitly ,Hall` 5U, h 111 1-.1 Ill, I r1,) .Ind N, IIIIIIn4,111 (If illy ttIV I91lI1nlli front ILL arirl n,, d ",1Ir I ft c if ullnly to Of dn. rIL tit II I I I I I Lit Iba"1,5 v.II, IIIrnl Iull rl I1,, II Ilit 'ill .1I1 n t Ir' nhl111 ll st,I Artie, of ih-` ndlnnd onsuled'% IIIOflI1t 13 1,1 ovrlrs p.,lfrill I rot by 1,r on I„ lulu, it ly I I TI u, J4 ,,6N n Illt I I I fI I e`f,'r.If „iy 11111 :fIri I I I II,II II IJr Inn,t Ito all I I f II I I. ltdII rd 1111,ued alum 5`1 h {,Ic I, t, !Ir Y,ruk I barn {P Jt N1 111' fnnl{1. 1,1'1'1 I'Ild ty II Ir. III V:1 .IIhg11',1^r 1111, I,t III II1f1n.1 H6 Ur II uP' 111 ,rl y` 1104411 11 ,11.rt11lIh Un r)`h.'r If)I,,10,1 Irplor It d 111"114 ,IIII L FE RSONS INSURED Eathlvluns 1,1, It !,f II1r Inll<,f,n,1 in lnsufud ur Il.'I II115 1 flllry Ir. Ibn nali`rII Cei 1hls II,,lu,y r1, k5 nut Iy q,l'V iw 11 III lbw 4iI Ill Ira I,Illty .I'swn"J 1V Ihr insured fit I, , a,,V Fy11loil, I or dJr I, II Ir rl (elf II Ihr Warned in sit ,ed I h^,q,Irot pd in IEIIs r1„t"dr,ltlnnt 111Jrvidua l, r'•' I'l)f Ill Irltidpotal Corltf8C1; 1,,,t th 1'I I'rr l r r1,, lfr,os Plot w illy II, l IIII; Ill l',Vn Sn ill's ) 1,.1 or ,,,I t 15 SpnU yr ; I,, or rlot t'or 11,;,1 wtlrk ill, 1w lnv.l by 14v 111 11 Ill 91 14 .11tI111 r P., III (I1 ,I ,111' ndlnfil( 11111110) ,II';"1 1,,I I II11 III If I . Irrr I, I .111 tOC Ii I'if lnersll , H u l l " ' I n A war i . r n „ ' I l r k 1 1 ` F I , I " " r I l I p I 1 I 1 '.f rill , l r , I l i I I,tld:l1,I111) oI In., I VIf 1.,ruSn ,I.': I, In rr ^rl41il(I bray (III it, ll(NIIIy Injuti, Ur propf4ly damage 1,f I IIIII It to 11,1111"1 rlr IIItrIfIIN f Ill r• I I I 1011 (ill ly III, 111 ("',In`CI Iii 1 ry Iral),IlII J5 sllLh. (1) 4111 work 51, Ihr pl,tln,..I IU11'. , 111,41, , Ill...real IIh n. A ('I I I I011.11/5l 1,1 If t1NI named In111red ,I, t.', I"Ihh'd it, toll ni1wr (IM IrNdhrvli if I, III IfnI 1,11,11 f Y 1,I f,I1 1,1,1•.111 11 11": n alnwl iIlcul I I t Ih to s r It m s I) IJ thin an ull, 111 f ri p..f h,..r 111 .r n , 1,l w •'IrU rr; tl of y:all1 111tH rq ill's lgnato If 1 F? rf !1 1 r,i e'I I; „ , I II f f .VII I )y r.K -I uUvl riff r ,Irt r`Linr If "(ill pI I.'r rill I-r,f F f a(hnj lilt Ihal 11 fit IIUII III 1111 to 1' 4F,,11 .I rr.nlm f I, walk Ul,t b1 v;ilu_11 11 1,- yyl tlnll 11 III 5 11 e OI I . IIvp1,1 415 SIICII, OF if i n l u r y or durna,l• .u, a; 1, IF IO I.r. p,I1 1,I Ili 1, to folld user Ill JIIy fill illy I.erslln (ufhrr NIa•I B1, r,,nplnyed of the named miu it l or rngam prlsnn (11 WItInlliltIn 11111x1 ?lilt. I It r. 1 cep=lr ,Cher of tlltkl'., r.Itlnn 0I,I1. Ill 111,11 .91 I, I I.of :ilr Al,o ull'r flit 11,0 named inseted. 11oc.for u•yip 11 1,t Ill IlUrr11If II x11.• I ,rem`. 1nI a I1' 1 r..SI;)I L of flu, LIFF OF LIABIL11 Y 1,t life snnl,•. p,Iiirc 1, Hoga•dless Cot IbP nL1r„f,o r of (11 insureds Lind^r this policy, (2) llewrtl, Ir_1 Ill bodily injury it ploI damalfe a' t. I r,I of If l, a,I1,r fill ,F1rn 1,r or, aniyhtiom whn of lilt named insured I`r a,'.' I 1115 r`n1 r, I Susl r1, hadily tl in}wy 1,r property damage, of claims V (If 111. q,.r ''..I,,:, I . , I rnl , sI slga'r Iaadu 1,I w1,s hro alht nn rr irH of horllly injury 1,i pl -Vert, damage, the vl5ion of work wr fuliv, If lul 111,+ named invited 1,y IIII 6 wlr.nrd ctrl 0.,1111 , ury'S Ilyblhly 1 Ian t' II ;IS fullovx. lLir.lnr, Covet Jge A-Th.`;Igdl l lgtnhly 4f life rnnlpUl' far Of r, „ V 1 !a(nays, including III) t r ;try r.1,I,g~grnrl f1 1r whllh dm insured 1,1 1 1 r ifi r•l I, 1,-1 milirt'I rI;it Ifln,uq,'; fl,r r'IIr, aid I. 'ss ,I t, rv,rns Ivrc nl,r• of boddy injury arlsta•ned b'I b1' In I I II:IbIF u...1.1I day VtI s,n1.111 III 1 1 1 1 111111, Unr'r„1,IIr i,Irr I t II r x 5Ir 'IUInI (mratln5 J 1. 1 ~ n ;'41'9 1,1 illy IAN' U(ClRfenfJ 11 III nbl eRLefrl the fullgn'wI ,n u1 it I, I'lllty 11, nr111 lu v, In a I woo vmlldr III:.. Iunll ill boddy ut 11 I 51;1 II If the selirdutc as 1,I pIILabl9 fo "edl h (I'1 to 1, f,ddy lnjmy to I . 0.6.,5.. r I f 11 I, lnrid I, ,v1 ,,it -I r1,I,1 .1 Irccun1l11(li j e l l I I • u I Y ' fIi f 1 I , 1 r r l l p b ' y l 1,v 1, t h/ 1 1 1 1 ! I 1 1 v n i [ III 1 In ,,,ry n 1 , I r r I , . i , r „ 1 1, t 0, ' Cnveta,,fn B - I hr Il ill I'%o •II,r'y of rile sy'r p,'InY J' Irlr ,ii II Irna'P S IxaaUas Insurrrl I Iri bvnr.Ify dnrlth•v 11„I nnyof ,L„'1 r1o-s 1,1111,,1 r1, 11 III sI), IF cif Oil piopnrly danlaJe 511;1;. ,II r} by nnL. pI nnnf I,nI sldlq rIr to `Ia rlilolionv as ,I,II,y. Io II115 1,11j 11111, x'.111 it `I 'I If 11 n11141y cull .11 I'y p, tl,,, n'S,1 1 of 41 11 on., oCLurrent 1 .If III 1,1,1 "'111 ,d Ill IIRUI of property dal.l IrllU and J110. I If 11 Inl'ill. ell ll C01.11act: age llal)IIIH 51. tell it Ill, 1 r I' I I; 35 II,LIIrdldi Ill III Id II utruIrerlfa'I. (II r , pruW'r1y rlam ayn I, Sub I 1 , 111„ dri I „ 5'i 1 1, I-,I~I.II, I III Ifll ncr r1, rencel', the Loral f l1 I,rn{11' 1'I nol'n'.I r r ,11111•,1 Ip r. 1. 1 I U,' ,I'.S,: H'd, r 114111y br II I III'1 Iy II. mil. Ir'r J4 ;n of ,It plrrperly Ildmage III III 1,1101 ly 1,,111 r, I r inlUred, 1)1,11 th,'. r•' I u 9'1 r 111 f Ihl' Ire 111 111 pr OQ911y damage lI I1run ly I ' r 1'.. ,1 I. , II fI 1-. I, 11. 11,1 iflVl r to 'J ,I II it .III t 111.1 II 1 . Y • T q frr,, I rt,fln h I'1 I r1, pr 0)01.1 Iy I,, II III'. Ins I,11,(1 .1 fl r II I , I I I I I 1y l 1', ,I r ,11..11 I ' i`1, 1 1 1 tI a VII llnlr 11' I n I.I1. I .11 st1111 . 11 5 1u,1r w lh Al work Ill i lor1, , or f,.r, 11 ulsufPfd lit ll." . I I 1 { - Of 1''`-1 b'1iI Ir 1 I`1, p((i lu r x11 If (III (1 it Iv Imdlly injury r,r prolu!rty ddnlage J1,Ir 1„ of, it, r;hr11 qr fir rl,r ,iv Cnyer,nJly A art d B F 1,r I slnrl f 4'1' rrr., rlr.11 t1r Iv111r of Ihr Cliff - 1 1r. d, f III I 1t, I! ,unl'I I'.r)n, If I" 1lr.n r,l ! r,I t•,,1, I r 11, Yi1 IF t t to y'c 11 4111'1, 4111 huddy ifyUly :11 I plopulty damage 01 I,IJ out of (I,, h1, o111111.in1 1,4 Id, "11 In ,Ir11 1,1 Ihr' 1,,l11rl 1. r I I,.I I ro 111 ILrhllr' ur➢ I r 1, 1 y S, 'I It ✓1 tr11b54 n fr Sri I -.5t In I1 Jly rl 8 ,11 r it 11, ,ril rum Jr11,r.,! all f 111 rcPIf by (r,1; I115nfed I,,IIF I all in( I de ltII (pnII„r1, 1,I x11 II'NS+i Iill C InL ,Ill r rI, :nI;I II I ' I I-x11,1 r n 6LLUff eht e. rill Lr51 ales lrnrF'r rtu .11q,1,-I1It1,r,aY 1',11 .'Irv I,1r III„Y',1,41 II 11.1 prlllcIt . IV, ADDITIONAL DEFINITION R)) !n 11 it (IIIyo 111Ili Iy rI If nilMly Irdlnd90 t,I 1 , I tn,l of 111 U,II •'I 1'14 1 , nldl'I W11• n U)1,,) 111 I, 11111,x'• t t II I I i 14111 e I.'.(1, u1111,1 1 ,r'r,1bn'cnlS lpnn- Irr•,Ily,',1,114rdtlIII UY, Ili 111,.rII,r nI111rrI, It r,l if I V o wlll If I I I II I of If `11 I off .1 p111 I Il f lino prall.yt Yv 111 h! lM`Ing uS'd it) ally III it rfJTa^11 Irf tall trill' I'll Will, 1111,1!1 If IJor1111 "./dark" Iritllldo1 . Illift •'r1II )lI'IS a11d e f 'I'll inlrnl furr'151.1,J IF) f Onr1 r1,. hhbn contest ur in ary it itrig to (liof py ry II fqurhLr or I I I I 10 mblt Ilan tl, r IRw1111 lilt Ally 10001CnVII It o' 10"O f V. POLICY 1ERf1ITORY h) in bodily injury of property damage a,1;In,t c,nl Of the rbs(halgl ills I1115 pnllry Npphes :oily to bodily injury Or plopelfy damage. Ill w Itts IF, release or escape of Imul-r1 vdppri, soot, fumes, N641%, alkall5, furs within Iri'. policy territory. FNEC 170258 (881) SCHEDULE F& 1[/ AU wfIR COY[RAGE ►ARi I•TaT~-i"Jiflo n' RATES PREMIUMS CODE N0. AND OMRIPTION OF HAZARDS PREMIUM BASES 60OIl1 ►RO►ER7Y pplll ►AOIJ I,Y 11111111 DAMAGE INJURY- DA MA'•t 1. Operations . Premises a. Remuneration a. I'cr $100 of Remuneration b. Area (Sq. Ft.) b, i'er 100 Sq. Ft. of Area 2. Premises • Operations c. Frontage c. Per Linear Foot See d. Each d. Per Each Schedule 3. Independent Contractors - e, Cost e. Per $100 of Cost Below L Receipts L Per $1,000 of Receipts 4. Products/Completed Operations g. Sales g. Per $1,000 of Sales G. Contractual 3. J li St;1tf ~1i, L't-'1'JIICt (G'x rii1. rti Ll 0-otCI ;Y,1r'P vtl 1~4.`rt/. alt t,, z. ( 07) lit i'r' 7' l( .3 II I F S i (.131) ,I J'lit10(~;. U11Ir+aool 1111 -r.l'::. +1Jti- A'Jltti)t.:l In,-lire) (irc;Ic{,e04) i't ut i'J .t i > 111.17-`. n1. illt)u - uir`,1LL~ru~k l!I:alfVl (r:c,;irt%i's~ Arr-II T. --I,j or ':L1rYGft,rYti) 1+); nt 5ito-1 .'Ilite! Pta,ll,v, :iti9 ~n)liCi :itl.ill It !+6iJ,jLC'v~It l IL11i'.1'f1railU:r ~.iJ~ 'r]r1;Ieo VraAvr II: [k[C17765 11.70) - G IL 00 09 This endorsement modifies such insurance as is afforded try the provisions of the pchcy relating to the following: rl OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR It is atpecd that, as respects COVERAGE PART 14 --OWNFRS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCL, the Dectarations of the ii are arnen(Jed to include the following: Oesitination of Contractor _ T Ave - d_ISnr3nA..&.IIQ_.TtlrmejiaX, - Iru.• . Maiiing Address Attnt Jtse_L7rd Pressfden!• r- ~ Se DAII&A TX 7521h Location of Covered Operations 1fh9XAyjW perfnrmelcl vithIn LI1LLh~ted Stste■ of _tNeriee. Check here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums and dividends, if any, which may become payable wider the terms of this policy. This endorsement shall be subject to all of the tenor, provisions and conditions of the Policy, and nothing herein contained shall Very, oiler or extend any term, provision or condition of the Policy except it herein speelically stated. This endorsement forms a part of the Policy to which it is attached issued by the Company designated on the Declarations Page and is effective from the incep- titin date of the Policy unless otherwise staled below: 1The information below Is not required when this endorsement is Issued with the policy) - - at the same hour of said date as the hour if day provided by the Policy for commencement of the policy pencd, and this ehdortraent shat terminate with the Policy. [mPLOYeRe Ca9U@LTY LOmpany EmPLOYOR9 NaTIOna l. In9URa nce company EMPLOY9619 C99LJALTY CORPOROTIOn EMPLOYOR9 N9TIOnM MSUR8racB cORPORe TIon - ____-_-AU7NOR}2[O a.J_[►R[f[N T/1TIV-[ ENEC 17175 A 111.77) f This endorsemnnl modifies such insurance as is afforded by dirt 1,rovisir~ns G107 of the policy rolaling to the ferltowinq COMPREHENSIVE GENERAL LIABILITY MsUnANCE End, q MANUFACTURERS' AND CONTRACTORS' LIABILITY INS0RANCE OWNERS' AND CONTRACTORS' PROTECIIVE LIABILITY NJ%UftAt4CE OWNERS', i.ANDLORDS' AND TENANTS' LIABILITY INSUIIANCE ADDITIONAL INSURED (Engineers, Architects or Surveyors) It is agreed Thal such inr.lrr;urcu as is afforded by ll,r; Bodily Injury 1_iol„litf, Cnvlr,i~lr, Damage Liability Cnverago applies, subject to tll,, lollowlirl l,ruvcurm, 1. The word "insured" nl;o includes ony alchittrr.l, cngmem or survr,j1,, I;nyrlgl;d by the named insured but only with rospocl to liability arising out of the pruniisi•s of lire named insured or opera- tions performed by or for the named Insured. 2. The insurance with respect to such aichrlects, engineers or survt:yor', floes not apply to bodily Injury or property damage arising out Of Rte rendering of or the failure to r.ndor any professional services by or for the named Insured, including (a) the preparation or appruvai of maps, plans, opinions, reports, survl;yr;, dc;signs or specifi- cations and (b) supervisory, inspection or engineering services. Al;r?irirm 11nvniurn . S(e Schedule u4 dive r.i4v Pour 1 This endorsement shall be subject to all of the terms, provisions and conditions of the l"cllcy, and nothing herein coma ned shall vary, aiter or extend any term, provision or condition of the Policy except as herein specifically stated. This endorsement lorms a part of the Policy to which it is attached ,asued by the Company des ipiated on the Decia•aiinns Page and is effective from the incep• tion date of the Policy unless otherwise stated below: (The Informotion below is not required when this endcrseni is issued with the Policy) EF! E[ TIVf at the same hour of said dale as the hour of day picvl d by the Policy for commencement of the policy period, and this endorsement shall terminate woil th the polity. EMPLOVe09 cBRUaLTY com Pant + EmpilLoVERB NciTionaL InBURance company EMPLUVOPta cOSUOLTY COPPOParlon EMPLCIV0048 NBTIOnOL In BURence coRponoTlon Er~EC I)106 _C !t-)!, 41N0 R I x t D R F P R 11 F N T A T I VE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: 3 i i1rS.41 J::3 iivr ilL .l'.>iA, 1, A 11 1,-N 1I,'SVi'v-> trti.a''IlAI`iJSt:itirL A31) CO=:'i?AC'itl:Sil I TAdI[.10i I11`iJ!f'shr r: 7~S,1i."tSt A2ti! CU7SSA':i.`:Su~ YItUf'Xllst: U'1!Ah1iw F"JfS t1:':~tt:1'tftlaS '.i: ~r:'il~~.N't'ii1 UJaYA'.:lt1:i AI I t'1•7: (L~yl ryeev It to Ar;rcoi Lt.at ttta "Forcorta In3flrO1" :>rrfvinian is aaacni ~l eo 1r;uLtid~ &to, asAiiloieo of tkv :.srt.-d inaurts'l Nettle actin,; rrlthin the ocvpe of als dutitia ns sown, :rUt t.11C7 insuraneo afforln3 trj attelt tarplcyee eloo:x pat n2rlyt 1, to boitly iNury to (a) another ornirlWes of t'ta utaed iwutreu arisiti,,; art of ur tit the course of tits aa,lgaar,t or (u) the uW,ci i"ilirrS or, if tyo awed inat.erel to s ;lartnerdhip or ,yuiut rencttrc, arV partner or nreaLer t'.rertrof; 2* to prerlhrty domw40-e to proprrty ovuele oe*ipitai or useJ try, rentei to, in tae wire, cudtodi or control of, or over which p'yoil l cor.trol is Letrt; exeircisei for btV purpose by (a} nrfother *%tilrjee of t,te naaed tnraurvtt or (b) trio mviie1 insurol. ors if the nrtrrrd ins ill i3 a ; ort~ ueruhip or ,}oirlt venture, or i gw rtner or :rtr,ber Lt.creuf. The a4dittorlul rrmiu, for this et~zurat see, eh,,ll bt; ° of tf;c• took nt.r:,Al uuditenl prnatuis site jo h s+lu l e Of Co"rMe ItSart 14 This endorsement shall be subject to all of the teens, provisions and conditions of the Policy, and nothing hereon coi,ta;ned shall vary, alter or exrend any term, provision or condition of the Policy except as herein specifically slated. This endorsement forms a part of the Policy to which it is attached issued by the Coml,,ny designat Prf on the dectaidhons Page and is r;ffective from the incep lion daee of tha Policy unless otherwise stated below. (The Information below Is not required when this endorsement is issued with the Policy) POLI[r NUMBER ISSUED r0 tFF[CrIV[ at Ihn saran hour of smd datr as the hour ul day provui,rd by loop Pnllry for uln In ifHeeB rurnt I the (xil it,y Ire uod, and Ihls er•dor,nn a•M shall ll;nn mate, wolf II.y Poo-.,y. SIrINID At [MPiOye R" CasUALTy Company FMplove RS Na7101131. insu Rarlee company FMPLOYCi CatlUiltiy COnponarron EMPLOy6RB NOt1011y1L R1sunotlco conpnvitmoo AUtHONIZEn R[PR[S[NTAtrVL Lx[CUIV/ VICE MItlIDIN1 MR.. I All A (7 1P) AttaA daelar,ttoaa ga ash aorsrage part or parts abet nit! gar eadoreenesta. ~b polk7 sot eolrWet+ todees sued decorations page a coverage part or parts Its attseaed ganiraLlon who maY be liable to the Insured borsuse of Cn 1' with respect to which insurance is afforded under this ~Y damage 7. Subrogation In the event o f any Ix~sixnt under this policy. tlae man gored ahaU attend hearings in, he and trials and tnes securingu and givinngg against evidence t rpl and at obtaining the attendance (of witnesses. The insred nhal! menu and not, any person or organization arul the insured shall execute and deliver IInst.rut is awn cost, voluntarily make any payment, assume any insured {epee and do wlultrtirr else is necessary to Mere such right. The obligation or incur any expense other than for first aid to others at the "allrs nothing 6flift time of accident. R. Changes. Notice to an (ups a prejudice ouch rights cf"e 8. Action Against Company. No action shall tic ngminst the company un Y Wilt or knowledge pot lewd by any agent or by any other person a company not effet a waiver or a nd in the any to part of this polity or estop the term O Even po:lir i l any right under the terctn of thin rse; acs. as a condition preYdent thereto, there shall have been full mmplianoe nor shall the terms of thin pwdiy hoe waived (it changed except by endodorse ooblK thin tike terms pay d ha this e policy, fnnllgldefi minel eithrrt b tju~ red's issued to form a Jnrl of this policy, signed by an authorized lance against the inaured after actual trial or by written agnrment of the insured, alive of the n,mpoanv, the claimant and the company. B. Assignment. Assignlnolil of interest under this of Any person or organization or the legrd re irm,ritntive thereof who tuts company until its consent Is roolorsed hereon; if, howfwer, the nawt bind med Ina secured such judgment or written agrernent shall thereafter be entitled to cured shall die, such insu rtin a as is afforded by this policy shall apply (1) re{l n'Cr under this pol(y to the extent u. the Insurance aJ{ordnl Icy this Policy. to the named insured's 1rt!al representative, as the na-.ned insured, but No person or organization shall huge any right under this lFi ol;cy to jom the only while acting within the .wv,pe of his duties as such, and (2) with respect company as a party to any' anion etgeinsl the insured to tlelermine the in- to the pnyxrty Of the named insured, to the person having comps a liability, nor shay the o again toe it(, by the insured it his porary custody, thereof, as Insured, but Only until the appointment legal representative, Bankruptcy or insolvency of the Insured or of the In- qualification of the legal representative, t and surcd's estate shall not relieve the company of any of its obligations hereunder. 10. Three Year Policy. If this Policy is . Other Insurance. The insurance etfondcd by this ,ticn any limit of the nom v end fora period of three years 6. Other sence PanY's liability stated in the policy as "aggregate" shall e, exceptwhen stated in ep ily in cores of r can aget upon tare ab- 8 1 aloplY scpnrately t(o each corisccvtive annual period thereof sence of other insurance. When tflis inSlltarKV is vinery and the insured I I. Cancellation.'ihis fit may has other inurance which Is stated to be applicable to the loss on an exem surrender thereof to the cxnliany or d y of itsUauthorizedvinamed rnaured]nbgy or contingent (oasis, the amount of the company's liability under this policy to the company written notice stating when thereafter the cancel tion 1, a, shall not be reduced by the existence of much other i,rsurance, he effective. This policy may be cancelled by the company by mailing to the When both this insurance and Other insurance apply to the loss (1n the named Insured at the address ehmvn in this Polley, basis, whether primary, excess or contingent, the company shall not tie when not lens than ten days thereafter such cancellation RuwAtttn t he a fective. Thi liable under this policy for a greater proportion of the Intl than that Stated mailil of notice as aforesaid shalb be sufficient proof of notice. In the applicable contribution provision below surrender (or the effective date and lour of canclllation stilted it thetinootice {a) Contribution by Fqua1 Shares. If all of s.lch other valid and collect:- "hall boonme the end of the policy period. Delivery Of such written notice ei. ble insurance Prnes for contribution by equal sharp, the con Char by the named insured or by the company Shall be equivalent to not be liable foot a greater proportion of such lobe than wand be able "I mailing. if each insurer contributes an equal share until the Share of eachflnysurer If named insured saline equals the lowest applicable limit Of liability under any one icy actuv(arwx with the sus 1( earned premium Ptie "I bo u computed in full anwuust Of ilia JOSS is paid, and with vans _ Po or tt.e lOmary abort rate table and procedure. If the company fu paid the remaining insures then continue tcto contribute ananio egtutlsis not r y 1r' Warned premium Sh~ prefteattteerl~,na1 now as. pr~lt of the remaining amount of the lose to each such insurer has paid its ma be made ether at the ti pdme lie is cable after canceUaon beicbut payment Or tender of untertied limit in full or the full amount of the lose is pwid, premium 4 not a crirdil'wn o of f cancellation. 1 4, (b) Contribution by Limits. If any of such other insurance due: not pro- 12. Declarations, fly acceptance Of this pt.Jics the named insprpi vide for contribution by equal shams, the company 54U twit be liable flit that the statetrtents in the decorations a'e his a Jlreater pniportiOn of such lose than the applicable limit Of Uabdityy under That this pt tic ' is aR nth of aeb r preset.ta this policy for such loss bears to the total applicable limit of Iishilily of and that thus ' )patted reliance rpm the truth et sac rrFrngeptp all valid and collectible insurance against such lass, company policy embodies all agreement isinsu ace n hlrtLCelf a tt1 or may of its agents relating to this insurance. , Description of Terms Used as Premium Bases: When lured as a premium basis; t, "admissions" (Comprehensive General; Mr, is', Landlords' and Tenantal means the total number Or ppx'rs,rls, other than empioyios of the named insured, adm;tted 0) the event insured or to events conducted on the premises whether on n Lt ticket, complimentary ticket or pasaes; 2. "cost" (Comprehensive General; hianufacturers' and Contractors; (hiders', lAndlor Went] Tenwita'; Owners' and Ctintra(tors Protective) means the total cost to the named insured with respect to operaliom performed for the named Insured during the policy period by independert contracti)m of au work let or sub-let in cumpt ntinn with each specific pru*-t, including the cost ,t< all Labor, materials and equipment fumishod, used or detiveied for use in ibe Of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allorwances, bconusei; (it commissions made, pd'or 3. 'receipts" (Comprehensive General; Manufacturers' and Contractors; Owners', l,undlords' and Tenant'; Completed Operations and Prudi •ta) means he gross amount of money charged by the named insured for much Operations try the named insured or by others during the receipts basis other than roreipts from telecasting, bruadcaii'nit Or tnotrun pictures, and includes taxes, other than taxes which the named insured collects am a separate item and remits directly to' d governmeh(al dit•sston;' - o , px,Ney px eked as stn fated on a 4, "remuneration" (Comprehemne General; Manufacturers' and Contractors; Owners', Landko,,ds' and Tenants' which inchwi,-s ctA'emp;e for Structural al- terations, new construction and demolition oporationts) means the entire remuneration earned daring the policy period try pro pr;et(,rs and by all employees ;or of the named insured, other than chauffeurs (except operators or mobile equlpmen1) and aircraft pilot and to pilots, auby ( to any (ri'ertfine earnings or of remuneration role applicatole in ant,rdance with Slie manuals in use by the company; 5. 'sales" (Comprehenshe General; Completed Operations and Prodncts) means the gross amosmt Of money charged by flr named insured or by others trading under his name for all floods and prewfuctt ar ld or distribut(d during the policy period and (harged during the policy pw riood far instaltatinn, Aervlfinlg or repair, and Includes taxes, other than taxes which the named bnsnnd ArwJ such othcn c,IJet as a separate item Ind remit directly to it g,)%rmmenlal division; t3. "remuneration" ((larage Insurances means (a) the entire remuneration earned during the policy (*rind by inch Class A employee. FUN] each Class C em- ph,ytw Of the named insured, subject to an average weekly mnxirrium of 11W. acrd ib) the remuneration of each Class It prawn at ■ fixed aRl per onrum with respect to ?k•alen Risks illazard 1) or $5,200 r nnnum with rt+liot to Non oenler kinks 01amrd `!1. la ltat of i2,(1ffU "C'lasm A" mean all clerical employes "Class N" means all proprietors and (officers active in the bull is a spmae Oran acfitr proprietor tit officer) wdw nc.tonwlrily drove an aitl n~iobile o%n d h thernamcl Inured; aln d an W s,men, gencri ll(ntanagers~,paeryk~e rnnnogers gist chauffeurs; "(,lnae f"' menrto All (ether emp)oy"M; _ ~ii a S N U L 7. "Cost of hire" (Comprehensive Automobile Liability) means the total amount Incurred for the hire of sutomobiles, including the wages of all operators whether provided by the lessor or the named insured, other than such servhireices pesrformbe h ed6by motor carriers which are subject to tht security requirements of any motor carrier lore or ordinance. The rates for each 1100 of "cost of " .ti of the st placable hired wtorwbik rates, provided the owner ll a of ouch hired automobile has purchased automobile Bodily Injury Liability and Property Damage Liability insurance covering the interest of the named Insured on a direct primary betais as respects such automobile and submits evidence of such insurance to the named insured; NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) This exclusion modifies the provisions of the policy relating to ALL LIABILITY AND MEDICAL PAYMEN7'1) INSI1tANCE OTHER THAN COMPRE- HENSIVE PERSONAL AND FARMER'S COMPREHF,NSIVF 14360NAL INSURANCE. It is agreed that: 1. The policy dues not apply. A. Under tiny Liability Coverage, to bodily Injury or property damage (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or 12) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law emendatory thereof, or (b) the insured in, or had this policy not been issued would be, entitled to indemnity from the United Slates of America, or any agency thereof, under any agreement entered Into by the United States of America, or any agency thereof, with any person or organization. B. Underany Medical Payments Coverage, or under any Supplementary Payments provision relating to f,rat aid, t., expenses incurred with respect injury reaulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facilit bto bodily organization. Y by any person or C. Under any Liability Coverage, to bodily Injury or property damage reguftfng from the F,A.zsrdous properties of nuclear materiel, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by o. on behalf- . sit insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained In spent fuel or waste at any time p sseased, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or (3) the bodily injury or property damage arises out of the furnlshi.ig by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if Basch farility Is located within the United States of America, Its territories or possesslons or Canada, this exclusion (3) applies only to properly damage to such nuclear facility and any property thereat. 11. as used in thh exclusion: "hazardous properties" includs radioactive, toxic or explosive propertiea; "nuclear material" means source material, special nuclear material or byproduct material; "source material" "apecial nuclear material," and "byproduct material" have the meanings given them In the Atomic Energy Act of 1954 or In any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor, "waste" means any waste material (1) containing byproduct material other than the tailings or wastes produced by the extfaition or concentration'ol uranium or thorium from any ore processed primarily for !ts source material content, and (2) resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear racHityt "nuclear facility" mearts (a) any nuclear reactor, (b) anyequipment or device designed or used for 41) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at Any time the tidal amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 25C greens of uranium 235. (d) any structure, basin, oxcavation, premises or place prepared or used for the storage at disposal of waste, and includes the site on which any of the foregoing is located, all uperations conducted on such site and all premfsee used for such operations, "nuclear reactor" means any apparatus designed or sasses to suataln nuclear flaalon in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" Includes all forma of radioactive contamination of properly, AMENDATORY ENDORSEMENT - NOTICE (TEXAS) As respects bodily Injury liabtlity coverage and properly damage Iiability coverage, unless the company is prejudiced by the Insured's failure to comply with the requirement, any pruvfsion of this policy requiring the Insured in give nodes of tic Icon, occurrence or loss, or requiring the Inured to forward demands, notices, summons or other legal proven, Abell not bar liability under this policy. Dividend Provision - Participating Companies (Applicable in the Stale of Texas only). The named insured shall be entitled In participate in a dis. tributicn of the surplus of the company, as determined by its hoard of Directors from time to tfine, after appruval is accordance with the provisions of the Texas Insurance Coda, of 1951, me amended. In Witness Whereof, the company has caused lhir policy to be executed by its President and Secretary, but this ImAicy shall nut be valid unless counter- signed on the declarations page by a duly authorized repro ..11 2~C ( Gtr d Denton Cih dan((at~~ef sRROtfKe ~~LSU V t~ Secrelar y JUN 2 3 President EmPLOYeRS cia®UaLTY company EmPLOYeRS N8TlonaL InaURance company 422 SOUTH AKARD , DALLAS, TEXAS YOUR WORLD OF PROTECTION General Liability /:sour t„ur r:,ie,ereoy. n nn," and/or Automobile Policy 1,,r All tour h,nnuurn N... I, LLOYD LOLTON nl .I\j.ti.Y HOW, tt I0 IIfF 634$680 DALLAS DISTRICT OFFICE 6ses N. Summons Frwy., Suite 1001 `F ',Oh. 634.0660 Dating, texas 75247 The Company designated on the declarations page (A Stock lnaurence Company, hereinafter called the Cornpanyl, in consideration o the payment oaf the premium, in reliance up in the Ntalements in the declarations made a part hereof end subjet to all of the terms of this policy, agrees with the named insured m follaw•s: The Insuring Agreements and any Special Provisions are contained in the separate Coverage Part or Parts issued to complete this policy. SUPPLEMENTARY PAYMENTS 'Cho company will pay, in addition to the applicable limit of liability: of baii bonds required on the insured because of accident or traffic (a) all expenses incurred by the cumpany, all cents taxed Against the In- law violation arising out of the use of any vehicle to which this policy sured in any suit def-nded by the company and all interest on the applies, not to exceed $2.q per bail bond but the compdny shell have entire amount of any judgment therein which accrues after entry of no obligation to apply for or furnish any such M:rds; the judgment and befor..) the company has paid or tendered or depcn (c) oxpenaes incurred by the Insured for first aid of others at the time sited in court that part of the judgment which does not exceed the of an accident, for bodily injury to whirls this policy Applies; limit of the company's liability thereon; (d) reasonable expenses incurred by the insured at the company's re- (b) premiums on appeal bonds required in any such suit, prerpiums on quest in assisting the company in the investigation" or ciefdnse of Any bonds to release attachments lh any such suit for An amount not in claim or suit, including actual loss of earnings not to exceed $25 per excess of the applicable limit of liability of this policy, and the rest day. DEFINITIONS 11T1en used in this Polk,, (irududing eadoersements forming a hart tcreof): another contractor or suboontra:n,r engaged in joerforming operatioma for "automobile" means a land moor vehicle, traller or semi trei! r designed fur . , a principal as a part of the same project. travel on public roads (irwluding any machinery or apparatus attached there. '(yperetions which may require further service or maintenance work, or to), but !does out include mobile equipment; correction, repair or replacement because of any defeei or defiderxy,lbat "bodily injury" means bodily inppiry, sicknesa or disease sustained by •v.y which are otherwise complete, shall be deemed comphled. person which oxcurs during the Ix+fi,.y period, including death at a, v lime re- The completed operations hazard d.ms not intrude bodily injury salting therefrom; or properly damage arising out (of 'collapse hazard" includes "structural prolerty damage" ns defined herein (a) rperat!uns in connection with the IrareAportalion of property, unless the and property damage to any other pro%*rty at any lime resultinngg there- bodily Injury or property damage srtrs out of a etmdithut in ur on form.'114ructura) property damage" means the tvllaw of or strsxlural injury a vehicle treated by the leading or unloading thereof, to any WI ding or a nboure due Ito (1) grading of land, excavating, Ixonro ing. ldlirrg. Nick•1111ing, tunneliing, pile driving, c lferdam mall; or calWam work or Ih) the existence of tox,6, unize.&U led equipment or abandoned or unused (2) moving, ahnnnl, underpinning, raising or demolition of any buildingg or tnateri0k, or ' structure or removal or rebuilding of any structural supporrt thereof. 7'he hazard does not include property damage (1) noising out of (el o;eratiom Ibr which the classification Ftatcd in the policy or in the of"- collapse coperstioins performed for the named Insured ley indepen:"rrl oentructon, lovey's manual slecifres -'including oenrpletetd nperatue,ns"; or (2) inclrxied within the completed operations hazard or the under- ground property damage hazard or (3! for which liahkity is assumed 'elevator" mearu+ any twisting or lowering device to conrleti-Oke,ri or land- y the Insured under an acldenta~ contract; ings, AhvI1wr or not in seni(e, and all alopliarects thereof Inch4ing any car, "compleled operations hazard" in a ludcw bodily Injury and properly j)lutform, shaft, baoistway, stairway, nmwap, fanner a iupment and mflchirjery; damage arising out of operations or reliance upon a rrprr verelation or war. lout dotty not include an automobile servie log WA, or a hofst'eaifl f?Aul a runty made at any time with ter rl Lhereio, but only if the trodily Injury ~latform (s:lx!dr a building if without mekhAn!ral I1+rvei cr if trot tine htd to) of properly damage ox-curs aft.-r such operations have let-en cvmpletid or arildinK w 'Ih, nr a hood or material hoist ucal in alleratiem, refrstnxinin cr atwndernpl and (K-CUra awav from promises conned by our rennd to the named drnuolitnin optrallons, or Are !rxllned comtyen etaod exclusivelyy fir carrying Insured. " p ratiures" include materials, ppaarrts or a ui{{omrnt furniA(d in pre,perty or it dnmbwnitet used exclusively for crrryfug prorlwrly and having (Y,nntrlion theereith. Gieratina shall Im deemed completed at tlu earliest a compartment height not exceeding four feet; of the folloming times: "explosion hazard" incleA" property damage arising out of blckting or lit when all operations to he lo•rfurniel by or ors behalf of the named In. ex /onion. the explosion hazard dots rv,t include properly damage (1) Aurcd under,the carntraet have teen completed, arising nut W the expitwiowprr air or steam vrsaeisl,rl4ping under pressure, (2) when all upeeoddona to Ire performed by or on behalf of the named In- A olr~ralxrnsperffor red Per the named Insured Fiyilndrlwr d •t%t cr lreafte)f sured at the site of the op erafloros have been completed, (r )r 13) ire luded within the completed operations haelarq or the ua4er- 0) then the pwrtion of the work out of which the Injury ar damage ariLws gground property damage hazard or (4) for whkh lialility Is umomrd M lxrn PIA to its intended tree try Any person or orfanluuio n other than by the insured under an Incidental contract; T.NEC 110M (12-60) `Iecldealai coatnN' nbans t lease of Promised, exoxpt in aKrrro, m'y wt: or adj~ * (6 j x. Omit: (1, tlon or demoGtiorr operate ~ 13) DOPY territory" rnp yx wtakuv 10 (1) ( n +Idpkl ord4urth, az) 00, in corinection indemnify a munkipai;~y required International waters r,r d,ireerrritr 4y sloe +toeement, of (3) elevator maink work for the m4 re ,rtcs a Delis nonce agreement; Y, Property damage '"'A raart 4 « Ur°~n pr,,: sled the ~odJly iqj~~' of tion to or from "Y otl,cr trotu,l the VOOT" of travel or trarwporlar ry, state or nation, or "insured" means any lx.r,on r e "Pervom lasured" prcniston of the ppli aptli ti bl yurrurang as ve incur area afforded a I,es cae imrence the (3) j'P srPerately to each Insured OD~nrga. Tire J anywhere In the or suit is Ar<xiRnt except with rer against w hom claim Is or property ds %"M %fth arts! i to darnrg~~ "Use (If boldly injury a ui " ~ to the limits of the coenpany's liability, co o mPtgn within the territory dte~scar is Q ibrought n within eacBoldh for sae or 9 pment means a land vehirle (including act which was( apparatus elkched t,SereU,l, whether or not selfprupellel, ortgirud Butt fa wch damn r"uIIBrapph l) above, p~~n~ "mobile property motor vehicl ion e registration {1y) machinery of "Products hazrard s w rtliar on dares nt tkm motor vv or rer;ted to ' e or not for use lled,(I Wit euhject to IN art of the namd d h1sttreo bodily injury arind d krriWryadjoining, or 3 (I* named insured, ff or L i y 4,n pro'mises or warranty made aatan~t~'s product e or .na inod fo~ he t if use ,rind nR the ways immcdiakly injcory or pro rt y cone with respect thereto, but only if the f 1 off public n,eds, or (4) dead to the ns pe Y lamag sole follrnving types fcrmin fr rrPae r f a""r° nR mobility to equipment o mad insured er,rJe Occurs away from p m~s owned by or bodily vehicle: tt~~, ~ or permanently attached r the ~n arty ism to Others; after physical s (other Ix,wer cranes Slim! her than the arses ,-transit i ~ Prs• diggers and dolls tti, k' such properly damage fry to Or dof much odtxts ohruthan ox repair graders, sera ra here- mi:era prul,eri mew (1) ph h r tan eluding span ayi pa r eq ipment; air-c ,mpreason rollers and other nod thereof at any t ocean Burin the policy injury e r ion of Pumps in se explaralkar sn and building cleani and Benerthe any time reatdting pe rind, includin u s, ty well welding and equipment; rut equipment; and ro' ' which has rat been cal refrtun, of lose Of use a g ngi leas o( perty geophysical ie caused by an occurr ~enco Bari cd w destroyer 'hle ism of use Provided 'named y declarations otrjhuf mocha the ryeniralaxt "underground proper t n8 the policy period; ions of use pavans, pew of o named In Ikm l of the pnde d dame deemed ins of this y damage as d~~d herein and hez,.rd" includes p underground products" property at any time restating efnxrp UponY damage handled or sure s products" by the nnaes, goods or nducYa means Property damage to ride his name , indbud' med Insured manufactured, sold, tunnels, r conduits, Po es, mi grope y any °d1e; h Insured name ° ccxtleBror therm (otter t or by others trading under berre,th the eu etc p th ertY. and any a ~ rrtams~ ~ kn e other than J~ ucts " not include a vendi g a vehicle). but "named Lhre a of ground or wet PDaraca coon container, :anted W or rK machine or an u"uc~g~ mechantral ey Pment for the a ca'd' used by a& -eared for use of others Iwt rwfrf; grAvOll round prod rowing, hazard od "occurrence' means an De Y dam igit , b k -lling n' o", Of d r dnyiryl _Pa urei W conditions which results fn abed inc ling ountinuuus or re(1) arising out of does"it 7yLe uo~er• Affe i!v Injury exlxr ore dent ounbaclrss opera bona per{ ed for the named inpiors tby~aotage Dected nor intended from the eta, ` perky damage nether w 3) for which liabilit ex n des point of ortpro pastel he nsured; ( tin the completed o r•~ I lontract. Y 1° assumed by the insured pe er e i und an incidental 14 Premium, AU premtuma for this po icy shag be _ CONDITIONS with the company's puted in rul rgtums aPP"ble to the Ins rein plans, premiums and m ntm f pfeence with the pruviaiurrs of each law Premium desI'gr~aled w °'ded herein. . liability required w to the extent of the cover Premium only which dell in this policy as advance premium" is a d loon any PeYmomt made by Iheco insured %a to reimt~ and limits due at the end of the PAY Period. At the ' to the close of of the earned premium air dto make in tae under the terms of thu pollee a It W ld the been obli nave terminatir.# with the end cf the poll of each rt rhe Darsgraph y p not ac the Audit period the earned poem u 3' Period designated in the ha them), agreement eon. and, u pon notice thereof rn the under the yrm•isioru of the to the nameri n Shall ea a computed Joiclarations it h period rK tlK ux tphiCte moor rnolce vehicle SnanM e+d el rd,i able. If the total earned for such period pt insurance rx Y aim;Iar premium for become due and pay. tore Province, a nonresident IS ibtlity low mtum pr evlouslY Paid, the the pr IuS Pariah is I%$ than the pre- operation or required bw ~ any stale W maintain tnsurarxa with rn rrpany shall return to the named !neared he surance use of a motor vehicle in such Stale Of to paid by the named insured. requirements are greater than the lneru province and such to In, unearned Tae named Insured shall the limits (if the axnpany's liability and kltrle (if ey x,lithen by t h prodded the wary for premium a)m maintain records of auca infutmaIion as is INd es eel the k the rnmPMY At the end of the u~tceynd aha11 send ttplcs of Such records to rm by the pofkY, but *lh in only to the extent r lk°r~ the miry period as the company ► e bdire~ci~~ and at each times ddring the r"Pect that to lieu Of d by Sac em only i t W lie hi ina 'n of use of a motor vYehr kk in such star or rice; 9. Inspection and Audi,. The mm that there is ohcrreVelr°d a~►thb~x p gated to inspect the aamev' lase ' Pany shall to Permitted but not ob11• b redo shall he reclowed to tha~tent Neither the corm i proPert I motor vehicle Jrrouronee pool- IecYi fe inacrranrr under this or et an~ Other Pan& right make ! Y and operations at any t, receive duplicate Y• fn no ments c any report thereon rut? .r n"Wliona nor the making event shall an ;person be entitled to benefit of the m v Warned insured or , ♦en thereof nor 4. Insured's Dutles in The Fvent of hnll e an undertaking on behalf Of or fur r he fel to the event rD f e.v &I menb for lye acme elef foss, Property ur opersti'ms are safe or to determine or warrant that such sufficient to identify th Occurrence, o ar' or gulL ode or eguletk n. the Insure gg r AeelthJul or are in cumpliance with an t occurrence wrin neftinahf nlrlalablty o in p artleukrs Any law, motion with respect to the lime, d and tteelse, reasrnpble Infor. 77he company may examine names and add Place and rirtt ~urrds at anytime .i 'h Of t injured a trnsk - the named !s" Y l rk~d and extene; JD thereof beaks and given by or for the naured to the urrr~g reases r>dnnf evalla}dewi east!, be years alter tba final terminetkn and within at.. nta a er the subject matter of this lnsurarwe this p ~icY' as far as the 1bi} ad, Practicable. company or any of Ile rluthirired Finsneiai (b) Ifclelm ie 3. Responsibility Law►. When hey relate to M financial rr, made or suit Is brought againal the insure iirxtslAilit fd the future this policy 4 certlRed as immcdie4ly forward to) the company every demand, utEd a)yrll vehicle finarkfa, ro 'b"under tae proorf other Process received by him or his , ' the lnl for bodily injury liability ta~a' mrh In"urarku ,se is air wuu of envy mnttr (c) 'Ise nol'in, ><ur.tmodi ur proper! dama ad"d this policy t lnaured eMlt coopetale with ref ►a+entatJve. Y go list y iltl e}tal I mmPiy k cadet in mekJng Belli Ilia 1 , cord taY ctrl, trl,on the rut any right of mntrrbutkmeirts, in ~uct of suits ~+sltQanyns Indemnity against any person or or. DECLARATIONS General Liability ❑ EmPLOYAgg CaBUEKTY company Polity ❑ EMPLOYeFIS NaTionaL It18Ug8nC A COrTlpanY Poucr N IOCf'-l1.• uMB Eq 572055 frie,n rVa) . _ kcrmWs Number I., ]City of-Denton, Texas - INSURrv ~ IPTIN Office of the Mayor °vl apall nancnlE ADDRESS 't till il`.i " IA1 Ba i 1 di ng Counry •nr)SI•,•): )ellh),I, Texas t. POLICY ?V-l~? 75136-8 PiAICn . i 1L1 D A M STANDARD DIME AT THE App RC 55 OF THE NAMED INSURED AS STATED IN, AUDIT PERIOD ANNUAL THE NA M(p INSURED If UNLESS OTHERWISE STATED REIN ❑ ]nditidual x❑ Corporation BUSINErs LOCATION OF PREMISES IF OTHER THAN ADDRESS iNDICAT❑ED ABOV[rShip ❑ [)thCY 3. THE PREMIUM FOR THE POLICY SHALL Sr. PAYABLE ON A ❑ hlouthly ❑ Quarterly Semi-Annual 4. THE INSURANCE AF/ORDEO IS ONLY WITH RESP ECi Tp SUCH OFTHE F~OW INGI OVERAGE PARTS AND COVERAGES AS ARE INDICATED BY SPECIFIC PREMIUM CHARGE OR CHARGES. THE LIMIT OF THE CO' cIY 5 LIABBasis ILITY INS SUCH COVERAGE SHALL BE STATE HEREIN SUBJECT TO ALL THE TERMS OF THIS POLICY HAVING REFERENCE THERETO O COVERAGE ADVANCE 1'AICi'S f'BEM1U5I 1.1\[ITS OE' IJAIIII.ITY COS'ENAGVS 1212. $ $ $500,000. BODILY A Manufacturers' and Contractors' 11 QG~ Fach Occurrence INJURY _ A - -Owners , fandloads' and Tenants' $ ARgrcgate IrAI31LIT1' (AXKnEareAppliestoCurr, A. ~tM'IIPra and Contrartora' ProlectlYe 12. $ - wre Fart 15 only) A - C'onlpleted Operations and_Products _ - 12' $ - - Pl OPERTY ~t Alanufaltulels' an(i Contractors' II . $500,000. Each Occurrence UA1oIN:OF flivnrrs' Lan dlordq and Tenants' $5009000. A 15. - ggregate 11 FAl111,1Tt (AZarelrmte Applirs to Covey tt - {)H Vera' arid COnll actO lY' PEOteC11T $ e - Part 12, 14, and 16) _ B_- - ('T,mplcted Operations and Products 3' $ SEE SCHEDULE OF COVERAGX PART 3 Personal )n jury Llabiiity 4. $ SEE SCHEDULR OT' COVERAGE PART 4 E Premises Medical Payments 10. $ SEE, SCHEDULE OF COVERAGF. PART 10 Comprehensive Personal Insurance f I. $ SEE SCHEDULE OF COVERAGE PART II f'armers' Comprehensive Personal Insurance C46 LTOTAL AIrYANCE PRE.11II1a1 THE DEC[ A RA 710 i MON THE ATTACHED SCHEDULES - - rri.l. S61n Ace punt Typ" by Dole 01 32110 0?.4` Di sk f27 31 6-10'82 #37 14AY Countersivied at DALLAS, TEXAS - ~ - AmAorlvd tlepr.E.nlAtfrEENF.C G1.17010C (12 801, COY! RAGE PART 14 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR I. 0)VERAGE A BODILY INJURY LIABILITY toxic chl'ril Intl of, 114 11 f 1(1, or (Inns, waste materials or olher it rltants, can CtjVfRAGE B-PfiOPERTY DAMAGE LIABILITY Thr, 1 '""p"iny wdj pay nn boo nl It" insured all %u11n which the in- coo Ise (if o lurid w,,rs u1hi or upon land, the aunoSl)hpp t, any water su red slu,lj hrtome Ieplily phil,,laled Ill w course or holly 1,1 vu;lu I. nl this exclusion duns not nryAy if tucfl dif- F Y as darnalMS tiff of charg„ rllsprisjl, mlyd'r, or I"ll is sudd,~n anfl acc,dr:nlal; t "vorngr' A, bodily injury or I "vr:+n'.M E, property damage III or (l loss tlf color of frl loij fn pl oprrly wh,dl h;rs not Iea=n physlcal'•/injured to "Ill Is Ihw Pulley applies. taused L or dasbuy^d nrsullioy l,lnl y an occurrence alit nlslrui out of IT 1 Ill a 11,d.3y el of If,,1, u1 I1, Iformance by or on Ix'haif of the named in- Cnerahl,nn p„llurmed for Ihn named insured by the cooo,wIur daslgnoled in the fill oiuJhulls at the loceLnn desi(uTared ihrruin or 111 arts (of ornis•,Inns (21 u th e l lyre any [li tlna agreLent, or of Ihr• named insured 1n cnnnethcln with his (penal sdpe,vlano of such or art o hoohjlf f earned d insurd asd prinoduc errsIli(- le by ts oIl walk fit b opurarnls, :11141 Ill'; 1 ali l r1'(• named ns 1 company $I a1i 11 ,aw coin rvght and duty Ill ,kignd any suit 1 vel CI perform. I aoicv, aff,unst Illy injured SIT in If r, 1 , S 011 named a 111 ors'. Ur 11W i11Nli ry Wafr/In 14 If Of repre rl il!If by the y )ace nano Of sudl bodily injury nr insu nsurd; properly damages rven if ;w y lot the alit lahons (;f the sort rlr qrn, n ws.5 pIV falsv ror hall(b,h t, an,l nt I( rnak" sid li 1rio 1'u1 tills ex Ilia dress n(1 nl. f i in cia of I lp nthrdr Idnglt f.rd clnbn r r 1 still nhnn ,and •,ullfen11n1 of mly eIf rr.sul ,nr firrtn I1',• p nl .1 11 deems xp,.:hr,nr. 1 "it t1'^ comp :lily Sll:lil nnl to, (,[,!fit If it y t I f ilifirI and ducts for fly5lot al rnlury to or don to pay ,my' 1 'it Ill (1r Jully,l ! nt or !r, 14:Ir a 5lrue hen of Ili,- Warned iced 141 s pro 1) ll! hr w1,t k lot donned by cr on I" 'V sort If ter loss' :,1'111 a-phlc llmrt L'hell of the (If Ill'f (orilll, lr, V's If ilolity solos 10 I'll oh.toih'd fl rlainell it op r l'br 9n f, if r rl,,jo n, rL h.1yy lot soft plot fly I!aYmm~t u( Pnfin veils of 5r'llh riot fill to Joy pr150n or 1 aL(1n ptln f hJ 1111 insured Eltclusis II. PERSONS INSURED Toils poor y fill not apply. Each of slur lnllnwlny is 1rri insured under they p«Ilcy to r1'(• extent sat funh Ix'loa (a) to haLlhtV asrlnrsrl by rho Insured unite r 3nV Cnr1h a l of aylVrmrnt 1o af t nn insider la! Contract; h la) if the, named insured l,• 'i ye ll; Pd I1'!, d„claret, nrl5 as o•, imlivnfu;d, ul this rxclu r.ron dn,os not apply nl a Ihq person sn r) 6 ,ipnarr(I ;Ind I,is spin, ;c; Wanar'rV Mat work ryrlfolmc(t by thy, ill InIlu11 L't«ir.u hir to its doll(' fit a worknlJII ,k(, elan err, If. J 11 the named insured is lln ;i1;h ed h-, rt,e lwcl orohor s as a partnership (hl r,) bodily injury or propertdama e o or joint w:nhue, the inntn, l,r or boons venture so desrgnl Ifly good any y y uurnny after par leer of mernfvr tor. r1 of I I I all work on the prn,oct (oth(lr Ill if, wiv'rn rIL!o1F•n.inV, lel I only WIli f slopect erlar to his as cst as such; or repairsl (0 If the named insured it 11) Ix I _,formed t1y for on 11,11,,11 of the named insured at the rl'~olfil lrrl in iFc declarations aI other than ed ste .of lot r.JN; of Gifions 1'A hcoii c omrllytarl or a d --"ail ULUIlVT111 if irl loroIP, the Orfier theic f l d, , and s opi) o ulL( nr, r 5roc Sur or stlsckhc,!r4: iho wMle acting (2i 111,11 pr'rLOn Jf d„ d„51ynJred C01Hrpa nt~t work olio 01 WI1iUl1 Ihrf I'lury, or rlinta9e ;Wises I,ns Noss put to its Intendurl use by any (Off artclan tote scope If his duhl- as Sur!,; and d) or I,yr,on or «npnvuhon orh„ any pclson lCtlte Ihnn en eats Moyce of fc named insunsu d. organl r Ihnn another rnnU ac fxlr of su Fran. - o,ll.tor Cnfl; 41 1n IwtIOrrillrl(I n u 1.1 h,lr 15 'In LIMITWhile ,X; ns ry:d e5lata arv ages r the nlMed Inwra t it pr1nc11rl1 as a plot III. LIMITS OF LIABILITY of loin SdI1lR ❑UI,'C 1. (cl t-, Lod it injury ?r property dama "•nm,Ilvsa of the %rnlwr of IU insureds under Ihls r,{,(,y (?f persons ge 111-1i1j nllt of der as or (41,1„] C1'1 qr orv inltaonn of IIiV named IrisP'Jed of nr.y (,f liI ot,ooVe s, othci t1' fn I S Pwil 5(ill , or.w.t injury Uf prpperty damage, p: m 131 shims vRll^,n of work 14 {Pnlll`d Icr rhu named insured by Ilie rN'suln ~Itr.'s Cr„) r.lr or slits brn{hl on nctor.t W bodll In j or cor`pon y's Ilahllit Y j ry Droperly damage. the t J,.rnr; y is llrnilud as IuUn,•rs; fill Ili r my 11 b1 III n1 inr Ish r1' the Insured of r r r Ir,.l r rills 1n;~~rcl n,:ry dal Coverrage A - i he rot d lirdllhty ul the cr^pany }(,r all rldrnngrsf indudin t h1rs, 14a Is 1,.~rrl ...,.L 1~ICf of t r! a«rl 1,15% fit scrv r,f,i, lost qutir eI la nit injury sasralned Ify , to r odes rr'n11 n5.3flun, tintn,l,ioym4 nl on r,l rllry, foo(ecorl the roil l,Lr ,,l-rIn no rlrt,d, l ,t., lifoif1y I uy, it un I t any sirn11,3r law. lvn,l of bodily inrjurya ilbll by 5lttanorl ill Ihr ee5 hc,u611N .1S oppllrcajri tf) OaLh r1' lot bol lfy injury fit try Ynlploy,;q t,( the insured a'rot ,,y nut of and ill 11,. (ill, ;P of his eirllllily lnanl Icy [Irg IIIS,Ired or ipally 1 td,nthon of Ills Cecur Coverage loollcoo Insured to drv,nn,} overage 8-~7 hn r1r ll lud~dlty (A the cnnlpany ],IF all rfam n y +tOlhr"I IM r I]9' rat of Ir 1 1, s 'or riq I IIt of 511111 -11 ar) S tons as nll'y. Lot r1 s .,."Jill 1n fu1-s «ct mad all pl uperlV damayr uyrs veil h, n: nr, 10 of p,;uans ur WyoniratlOn as y it, )I,111 IF n'slnTio'I by tl,I t1f, no of it of orly oliy occurrence sl' ,it ,fit „a(( of Linos III I insured l,,,d r rn inad,.nlat contract; III rf p ofe". dam- ( l ) to pt opet [ y ddma9e f a Bye l i y h i l l ty s l d 1 rv , 1 1 n t o l e e 1 hr, lrlh' its dl,ph,Ahle III °e dr.h OCCUIIenC Ill orp u g l Is n agir, l off 1'cl t, ,ir'1 Uy 'rt lrnh „x1111%1 fo file al'oq,is runrnSlrln rrVPrr 1, nlj "earth occurrence°, the total 11 In lln~ insured, 1hili1 of 11 12 1 1 it 1II1~prl ly Uv.d ry tl msuled 1 Inrl V cCnl,'any 1 n III darn p s b, t i of NII properly damage I npwty in 1 lr ,I.SNI'ly fit (I rd of toil InfUled nr ;1S lit ' This u1v r, In dhcll i 5hdl 101 C'r Crrd ilt ls Lra.l lit pirspent (,,I, damage a vJl ~ I, r1' ~ inured ~ I I a~ I, f 11- of Ili 1 11v st. 1 11 u, low ~ I 'ful,• a I rvy,s. If , Y 9 1 t , rr vj pl=Vprn1 (unhnl n1 11 nr. Man one prnygcl 111 wo:k p Ifnnnrr' 11,1 fhy losout r y Ill,- d l , II n1 I11o s, hr. 1,I;l,ch l)ln 1IaL hotit ;hat 311PIy a'panrrcly with 1'1111 n it hoff 10 py- . 1 to ear h pr olerl fit) if buddy injury rI r pro cIt P y deer ,e (IUe IC v r s'I i,~If leI n1 nbl ,b' Coven a A and B -.f or His, chit 1, civ11 u.v, i1n.U rr nl hblr~ t„i r Ihnn r'1I 1 9 pu lp(,5n if rf. hfrrn,nir" C ern v 11,1 tic rr Ill ar'i V J, I r1 r tt,s 1irl,ll of tll 1 r,r '1 rrlrl P, f^nr to arty P f11, I 'ly : L.rb,rhr, oil bodily Irl fill and pl«pefly 6dm age ar 14«ff nut it Cf1,1 ry,1 A 11' n. 10', 1 to I t) 11.11'11 it r'.'1111r 1j tr 111. II`i , ,5 «r )Iqr 11' r .r of S,'I,s I c the S,IrLe v insured under ,1i1 merclentxl contract, r, f •1(rleral comb tines shall f,,, Insf alrf U,111rr 11 Su 1,1p ? „riseP'.S I,„ CLr I'rs Alr,joL1,t FI (Tone orrf.onrrre nee. II In1e.nlJry I'll, ii ",iS {lrnyriu,n of lour i,nhl y. IV. AL)CI UOITIDNAL DE (h) Ili bndlfy injury r phopurty darnage as Is1nq out of toil «wnrri,hil,, main INITION 1 n l'1rn r,l„+alrnl , 1r,r lnq nl ur, u,nf n r,f n i Yroo, I of 111 if rnlylr, n 1 , this ,rvSUlanCe 1',1,, 11,drt,y t-ndr>r N:fnen IS lOfr11- r,lnht ' g 1 y mobile u,lu lpnlPl',I u,q q 1,01 UI 11th pnllly I loo 1, rd 1n any prvar nulrp'd hr nolnn1tc11 rncln'l, speed fir rn-Roo corre'sf or in I11 work" lion rnrlu,les ,naterl:ylf, {l ar t%and rr{u-pna :ell fun„yhr'1 In conhcc 011y 1bJntl nJ aU Polly or In ph7C hCy of riff pell a}1(111 for any s1.ICl1 eunllat it ochvlty, hen I1' V ERrr dl, It) 111 buddy injury of property damage of not of lh0 111slaur~ (J's V. This POLICY TERRITORY prowl, release or wraps of ;nloke, vapors, Sent, fu111PT, acids, alkalis, ciii v llunltne policy%terri ory, bodily injury or properly damage which oc- ENEC 1'10258 (881) SCHEDULE ROIKI MU MR[II COY[RAG[ RARt City of nanWAY. Toax-, OCP COOT NO AND DESCRIPTION OF HAZARDS PREMIUM BASES RAT IPREMIUMS pDl,! PROP[ Rlr ROJI RROrtetr INJUR! DAMA~[ INIU R! DAMAGE 1. Operations - Premises a. Remuneration a. Per $100 of Remuneration b. Area (Sq. Ft.1 b. Per 100 Sq. Ft. of Area 2. Premises - Operations c. Frontage c. Per Linear Foot See d. Each d. Per Each Schedule 3. Independent Contractors - e. Cost e. Per $100 of Cost Below f. Receipts L Per $1,000 of Receipts 4. Products/Completed Operations g. Sales K. Per $1,000 of Sales 5. Contractual 3. (316) 16292-Constr Qper-owner (not railroads) - excl oper on board ships e. 380,000 .047 ,032 179 122 { 3B7) Min Pren BI $41 PD $58 (333) Additional Charges: 1.1115-End. G106 - Additional Insured (Employees) 5% of Total A dited Preniam 9 6 11115-End. 17100 - Additional Insured (Engineers, Architects or Surveyors) 10% of Total +sdited P r eai in A 12 (344) This policy shall be subject to a Min lnuln Prunium of $75, Total Advance Pruniu,, s: 206) 1140 ENEt 11141 II.70I GL 00 09 This endorsement modifies such insurance as is afforde,f I,y the provisfons of the policy relat+ng co the following, OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR It is agreed that, as respects COVERAGE PART 14 - OWNERS'AND CONTRACTOIS' PROTECTIVE LIABILITY INSURANCE, the Declarations of the policy are amended to include the following Designation of Contractor. Joe Byrd BcWJpQ grid `Ainnelinas-Inc. Mailing Address Attn: Joe Byrd PrVaident, P.O. Box 3!1 25'. Dallas. TX 7523 Location of Covered Operations Nhereye-perforwed vithin the United States of America Check here if the following provision .s applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums and dividends, if any, which may become payable under the terms of this policy. This endorsement shall be subject to all of the terms, provisions and conditions of the Policy, and nothing herein contained shall very, alter or extend any term, provision or condition of the Policy except as herein specifically stated. This endorsement forme a part of the Policy to which it is attached issued by the Company designated nn the Declarations Page and is effective from the incep- tion date of the Policy unless otherwise stated below: IThs Information below Is not required when this endorsement is issued with the Policy) POLICY Nu PAN EM ISSUED TO - E FF[CTIVE at the same hour of said date as the hour of day provided by the Policy for commencement of the policy period, and this endorsement shell terminate with the Policy. EMPLoyeps uasuaLTY company EMPLOyens NaTlonaL Ir16UAance company EMPLOYERS CBSUBLTY CORPORBTIOrn EMPLOYBRS NBTIOrnOL In SURSence CORPORBTIon _.AUTNORIZ9 R9P&L1k[NTATjV[ CX [CUTIVE VIC PRElIQENT ENEC 17135-A 111.771 This endorsemani modifies such insurance ac is afford---d by Ii,e provisions 101107 of the pcticy foliating to the follow nq, COMPREHENSIVE GENERAL LIABILITY INSURANCE End, q 2 MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE ADDITIONAL INSURER (Engineers, Architects or Surveyors) It is agreed that such insurance as is altorded by the Bodily hl;ury Li.IInhI f;uver;rue and Property Damage Ltabillly Coverage applies, subject to the fullo.viril,J lauvi~ii r, 1. The word ''insured" also includes any architect, e.agineer or suiv~;4r r,nraaged by the named insured but only wilft respect to liability arising out of the prumises of thr named insured or opera- lions performed by or for the named Insured. 2. The insurance with respect to such architects, engineers or surveyor; 11r,os riot apply to bodily injury or property damage arising out of the rendering of or the failure to r(mder any professfonal services by or for the named Insured, including (a) the preparation or approval of reaps, plans, opinions, reports, sur•.,!ys, designs or specili- cations and (b) supervisory, inspection or engineering services, Adi/ifiorl,il Prcmiurn - 5r a Schr dale ,I Corer:r,Qr Paul 1 This endorsement sha:l be subject to all of the terms, provisions and conditions of the Policy, and nothing herein ronlained shall vary, aller or extend any term, provision or condition or the Policy except as herein specifically stated. This endorsement forms a part of the Policy to which it is attached issued by the company designated on the Declarations Page and is effective from the incep• lion date of "Policy unless otherwise stated below: (The Informolion below Is not required when this •ndoreement is Issued wirh toe Polity) POLrCY NUMBER IS1U [D 10--- EFFCC 7W r at the same hour of said dale as the hour of day provided by the Policy for commencement of the policy period, and this endorsement shill leiminale with the Policy. eIGN ED ♦T EMPLOYBRH CieveLTY Company EMPLOYeAS NaTIonOL ineuninCC Company EMPLOY811116 CD1EUelTY CORPORBTicin EMPLOYEaRS NerionelL m19URGr1Cel CORPORSTIOn ENEC IT100--C la-]!. _ UT-OR.2EO REPRE INTATIVE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: UOthPRF;IiI;TJ.>IVI c;1;PlF;RAI, 1'1ARILITf ~ 3 ITJSURANCi' MANUFACTURERS' APID CONTRACTORS' LIABILI'PY ?4:,tJHAIP; 0b1;JERS' AND CONTRACTORS' PROTWPIVE; LIABILf'rt III;IJ;i!t1CF, C07F1RlallE; FOP OPERATION„ OF DESIGNATED OWHho" TO IAPlDI,f,Jl11r,;' Atl) THAWS, LIAISILI'i"f ItI~aJHltii`:E STORIKF;FFI:tl'S I"!',~URN9C1? u106 Aillfl'1'ICTU1i, INSURI'd ( h;atpl LJY c es ) It is :t.l;reed thrat the ''Persons Insurr.ad" provision is aJnendt l to include arV eaployee of the named iroured while acting within the acope of his duties as such, but the insurance afforded to such anploycr does not apply: 1s to bodily injury to (a) another enpluyee of the mimrcd insured ardsirk; oaat of or in the course of his anployrnent or (b) the i amed insured or, if the maned insured is a partnership or ,Joint venture, arpr partner or mpinber thereof; 2, to property damage to property ewneid, occupioi or sisal by, rented to, in the care, custody or control of, or over which liturftical control is being exercisexi for arbr purpose '.,y (a) another enplrsyee of tb.c ,,arced insured or (b) the named insured, or, if the nrunel irimired is a part- nership or joint venture, arty partner or uiember thercuf. The additional praniwn for this endorsanent shall be * of the total antnlal .audited praniam. *See Schedule of Coverage Part 14 This endorsement shall be subject to all of the terms, provisions and conditions of the Policy, and nothing herein r ontalned shall vary, atter or extend any term, provision or condition of the Policy except as herein specifically stated. This endor,ement forms a part of the Policy to which it is attached issued by the Company designated on the Declarations Page and is effective from the incep Pion dale of the Policy unless otherwise stated below: IThe information below is not required when this endorsement Is Issued with the Policyl at the wine t,ol.f of said date as the hour O ,1nr provided by the Pul+cy lof commenk. emltnt of the _ lioilry ponod, end this en lor°A,mud shall ttni ilmte wnh the Policy. aIGHID At EMPLOYeR9 Ci119UBLTY company - - EIIIPLOYeRS h.ITIOnaL insuRance company EMPLOYens CillMaLTY CORPOPOTIOCI ECYIPLOYSPB NCITICIM31L InSUPSOICC1 CORPO'407I001 AUTHORIZED REPRESENTATIVE to If UTIV1. YiC[ eRESIDENr tnEC 11138 A (2 7e) Att"Is "arstioss gage and ooverage part or parts alai`` with Pay eadorsemeets. 77t1s Policy col oom to udoo" Park declarations page ud eoverage part or parts are sttaeked. Ranh man who may be liable to the lssurocd because (of injury or damage 7, Subrogation. In the event of any peYment under this pniiccyy the asropuny pert W which insuranct u etfivdtr, under this pcdrey ar the in• shill be oubnogated W all the Insured a rr'ghia of recovery thereto agsinm cured shall attend hearings and trials and assist in attvnng and giving any person or (xg inizalirn and the Insured than execute and deliver inter. evidence and obtaining the attendance of witnesses. The Insured shalt menta and papers and d, whatever else is necessary to secure such rights'Ilm nct, except at his ovm unto vOuntnrily make any payment, assume any insured shall do nothing after lum W prejudice such rights. obligation or incur any expense (other than for first aid to others at the time rot;Zent. S. Changes. Nutice W troy agent or knowledge poaaessed by any agent or by 8. Action Against Company. No ati,.n shall lie ninst the corn- any other person shall root eRnt a waiver or a charge In any part of this pulley ttonY un or estop the company fain s,v.rrting any right under the terms of this policy, less, m a cocditicn precedent thereto, here shall have Icvn full compliance nor shall the terms of tl is policy be waived or changed, except by end(orw_ with all of the terms of this policy, nor until the amount of the Insured's ment ;mucd to form - I"nt of this policy, signed by an authorized repm- obligation to pay shall have been finally determined either b judgment sentative of the comfwny I ainst the Insured after actual a trial or by written agreement of the Insured, e claimant and the company. 9. Assignment. Assigorornl of inferesl under this policy shall not bind the any person or organization or the legal representative thereof who has company until its c+ nsent it endorsed hereon; if, however, the named in. s re(tiver evred such judgment or written agreement shall thereafter be entitled to sured Khali die, such inso,rame as is afforded by his policy shall apply 11) No person or o rganizat ti io npsthe hall extent of the any right insurance tfhisdpcicy to this j 4n olthe (only whit acttiing wihin the Adore of his tdurties aas the s such, named and 2) with respecbut t co mpany as a posy to an action against the Insured to determine the in- to the property of the named Insured, to the person having proper tem- sured's liability, nor shall the company be impleaded by the insured or his porary cusudy thereof as Insured, but only until the appointment and legal representative. Bankruptcy or insolvency cot the insured or of the In. qualification of the legs) representative, sured's estate shall n(A relieve the company of any of its obligations hereunder, 10. Three Year Policy. If thu policy is issued for a period of three years 8. Other Insurance. The insurance afforded b this li primary - any limit of the company's liability stated in the policy as "aggregate" (hall by cy r1 apply separately to each nmsecutive annual period thereof. surance, except when stated to apply in excess of or conting.nt upon the ab- sence of other insurance. When this insurance is primary and the insured 11, Cancellation. 'MiA po4ky may be cancelled by the named Insured by has other insurance which Is stated to be applicable to the kxa on an excess surrender thereof to the company or any of its authorized agents or mail~~n'ngg co. contingent basis, the amount of the company's liability under this policy to the company written notice stating when thereafter the cancellationshall shall not be reduced by he existence of such other insurance, be effective. This policy r ylie cancelled by the company by mailing to the When both his insurance and other insurance apply to the loss on the named Insured at the addrem ,hmn in this policy, written ratice'atating rime basis, whether primary, excess or contingent, the company .hall not be when not less than ten days thereafter such cancellation shall be effetive. The liable under this policy for a greater proportion of the loss than that staled marling of notice as afuremid; shall be sufficient proof of notice. The time of in the applirable cntributinn provision below surrender or the effective date and four of cancellation stated in the notice (a) Contribution by Equal Shares. If all of such other valid and collecti- therr by the y the become the nameendd of insure spiky period. Delivery of such tie et n:aline to ble insurance no ides for contribution equal d or by the company shat, toe vivalenl p by shares, the company shall mailing, root be liable for a greater proportion of xuch lost than would be payable If the named insured carper earned remium shall be mm if each insurer contributes an equal share until the share of each insurer p puta(I In uals the lowest applicable limit of liability under any ode policy or the Aamordance ncel , earned with the cumh that rate table and procedure, If tied cumyeny full amount of the lease is paid, arcl with refdxrt to any arneunt of kola not cancels, eared premium shall be oomppution pro rata Premium ads Prajnt so )arid the remaining insurers then continue In contribute equal shares may to c either at the tune anorllttion is effected ce as soon are prectl• of the remaining amount of the loss until each such insurer has paid its cable after cancellation becstres effective, but payment or tender of unearned limit In full or the full amount of the lose is paid. premium is not a condition of cancellation (b) Contribution by Limits. If any of such other insurance does not pro- 19. Declaraticim Hy acceptance of t1w - the Pamt4 Insured a$rcee vide for mntrib-rtion by equal shares. the company shall not be liable for that the statements in the declarations are his agreements and reprcsentatici(A e greater proportkar of such kiss than the app~ble limit of liability under that this policy is issued in reliance upon the !With of such t pt~entati"A this to olicy for such loss bears to the total applicable limit of liability of and that tfis policy embrdim all agreements existing betWveh }u'rsself and the all valid and collectible insurance against such km. company or any of its agents relis1ng in this inwrance, Description of Terms Used as Premium Bases: When used as a premium basis: 1. "admissions" (Comprehensive General; Owners', lartdk,rds' and Tenants') means the total number of ppe.Nrla, other than empO yeva 41 the rwir d insured, admitted to the event insured or it) events conducted on the premises whether on paid admission ticket nomplimentary tickets or passes; 2, "cost" (Comprehensive Genera)•, Manufacturers' and Contractors'; Owners', (andlords' and Tenanta'• Owner' and Contractors Protective) meals fire total cost to the named insured with respect to operations performed for the named insured during the policy perks! by, Incietendent "tractors of hll w"k ]et a sub let in connection with each go !'a project, including the nest of aU lafor, materials and equipment furnished, used a delivered for use in the exacuLkin of such work, whether furnished ' , ci vner, amirac•Wr or subcontractor, including all fees, allowances, bonuses or commissions made, paid or duce; 3. "receipts" (Comprehensive f' -ers' and Contractors'; Owners', larrdkrds' and Tenants; Complpred Operations and Products) ' peans the gross snow ~r money charge t sured for such ooperstions by the named insured or by (Afen during the policy i;erlod Mere fated iii a receipta basis 'nth, - that rer' i =bS xr,vlcaatinngg or moliep picturt-e, paid includes flees, tither than }axes which the named insured collects as a separate item and remi, s rMenW disision;' d. "remuneration" (Compreoe•rsh mriuractorers, and Contractoro; Owners', Landlords' and Tenants' which includes ixryerage for structural al- terations, new construclion and dernotiti•)n veratiun) means the entire remuneration earned during he puliq period by pmpr et( and by al) employ,m of the named insured, other than chauffeurs (except operators (of mobile (quipment) and aircraft pilots and en-p,1rM, subject to any e,verlime earnings or limitation of remuneration rule applicable in nciedance with the manuals in use by tloe company; 5. "sales" (('omprehensive General; Completed Operations and Products) means the greys emamt (of nuney charged b, the named Inixtred m by ethers trading under his name for all goods and products sold or dudrihufci during the policy period and charged during the ptA perirad fn; Installation, servicing or repair, and includes taxes, (other than taxes which the named insured and such others collect as a wparate Hem and remit rectly W or gomerr mental divisirar 6. "remuneration" (Garage Insurance) means (a) the entire remuneration earned during he pnliry, ppperiod by each Clwa A employee and each Class C em- plooyce of the named insured, subject W an average weekly maximum of 3100, and (b) the reonuneratkon od each Class It pen(rt at a fixed amoount of $2,000 per annum with respect to Dealers Itisks (Hazard 1) or $5,2110 per annum with respect to Non-Deeler kicks (liazard 2). "Class t" menu all clerical empk,yees "Clara B" means all proprietors and officera active In the lousiness, aid! (naclive Im prietrs cot offkera (oAb-r than an inactive proprietor or officer who is a spouse of an attjve propriet(pr or (ifficer) who cvstcnarily drive an automobile crated by the named Inward; and all salesmen, pmeral nansgen, rarvie malvige,pom rl~iytraurs; "('Lee mea)rii all other employees; 4u) 7, "Coat of hire" [Comprehensive Automobile Liability) means the total amount incurred for the hire of sat mobiles, including the wages of all operators whether provided by the lessor or the named insured, other than much services performed by motor carriers which are subject to the of any motor farrier law or ordinance. The rates for each 1100 of "coat of hire" shall be 5'i of the appin able hired security reyuiremenG such hired automobile has s autcan much Bodily Injury ,[ability and Properly sutomubilr rates, prodded the owner in Damage Liahilty insurance covering the s. ro%t vo the named insured an a direst rect Primary basis s as as re respec4 each automobile and auMnits evidence of such insurance to the named insured, NUCLEAR ENERGY LIABILITY EXCLUSION (Hroerl Form) This exclusion modifies the provimions of the policy relating to ALA, I IAIIII I I'1' AND MEDICAL PAYMENTS INSURANCE: O'IHF:R TtfAN COMPRE- HENSIVE PEIIVtiONAI. AND F'ARMFR'S COMPREHENSIVE PERSONAL INSIJR.1NCF:. It is agreed that: f. The policy does rot apply: A. Under any Liability Coverage, to bodily Injury or properly damage (1) with respect to which an Insured under the policy im also an insured under a nnrlear toner liahilit s,l, ear Energy [Aaility ira Associatiotr, Mutual Atomic Energy Liability Underwriters for Nuclear Insurance Associalkin of Canada o of wouldrbe anlinsured tinder any a chupolicy but for itt termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any permon (It protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (h) the Insured is, or had this policy not been issued would be, entitled to indemnity from the United states of America, or any agency therN. if, under any agreement en eredaInto by theuUnited to maintain Stales of America` or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payr!enta provision relating to first aid, t,; expenses incurred with respect injury resulting from the hazardous properties of nuclear material and arising out of the ni"yetinn of s nuclear facility h an person on organization. to oni C. Under any Liability Coverage, to bodily Injury or property damage resulting from the hazardous properties of nuclear material, for therefrom; (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an Insured or (h) has been discharged or dispersed 12) the nuclear material is contained in spent fuel or waste at any time possessed, F.sr.dled, used, procPased, stored, transported or disposed of by or on behalf of an Inured, or (9) the bodily Injury or property damage arisen out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, constructionI maintenance, Operation or use of any nuclear facility, but if such facility Is located within the United States of America, its territories of posseaalone or Canada, this etclua(on (3) applies only to properly damage to such nuclear facility and any properly thereat. If. as used In this exclusion: "hazardous properties" LOW# radiciactke, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; eJouree material" "special nuclear material" and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exp,iaed to radiation in a nuclear reactor, "wksle" rdeane any ov"te material (1) containing byproduct material other than the tailings or wastes produced by the extracUun or concentration of uranium or thodum from any ore processed primarily for Its source material content, and (2) resulting from the Operation by an of any nuclear facility Included under the first two paragraphs of the definltion of nuclear facility; "nuclear facility" mean any Person or organization (a) any nuclear reactor, (b) anyequipment or device designed or used for (1) separating the isowpea of uranium or plutonium, (2) pr >trsaing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such iaterial In the custody of the insured at the premises where much equipment or device is located consists of or enniarns more than M grAmoo of plutonium or uranium 2,33 or any combination thereof, or more thin 250 grains of uranium 23h, (d) any structure, haain, excavation, premiaee or place prepared or used for the ,tornge or dimponel of waste, and Includes the site on which any of the foregoing is located, all operations conducted on such site and all prerril"so used for such operar;ona; material; "nuclear reactor" means any apparatus dee4ried or used to sustain nuclear fiction in a self supporting chain reaction or to contain a critirsl mass of fisaiunabie "property damaKh" Includes all forma of radioactive contamination of property. AMENDATORY ENDORSEMENT - NOTICE (TEXAS) As respects bodily Injury 3abllily coverage and property damage liability coverage, unlotw. the company is prejudiced by the Insured's failure to comply with the requirement, any provision of this policy rer Wring the insured to give notice of action, occurrence or ltim, or requirlna the Insured to forward demands, riodiree, summons or other legal process, shall not bar lis'.dlity under this policy. Dividend Provislon - Participating Companies (Applicable in the Stale ref Texas only) The named insured shall be entitled W pailio ipate in a dis- tributicn of the surplus of the company, its determined by its Ekoard of Director rrorn time to time, after approval in accordance with the provislonx of the 'texas Insurancm Cods, of 1951, as amended. to Wilnosa Whereof, the company his reused this policy to he executed by its President and Secretary, but this pulii y shall not be valid unites counter- migned on the declarations page by a duly authorized representative of the company. Coto, \ r/ Secretary 1'reeidrnt CITY OF DENTON DEFT 'r FRrill; T 1;%tt `lllti c r! _L_ FOR YOUR REVIEW I'1,EASE FOR YOUR INFORMATION TAKE APPROPRIATE ACTION FOR COMMENT 6 RECOMMENDATION PREPARE DRAFT OF RFPI.Y -.PLEASE REPL1 OA %fY BEHALF PLEASE DISCUSS WITH ME REMARKS: . _ LF.AS1; RETURN /r) J1(' Gfl~r / ass.... 1~1ry~ _ • Employers 'World of Protection." 1`199sa review the attached policy to you will be familiar with the ceverope (ORkowm it provides11 a loss occult which YOU feel is covered undo, this policy, please contact the Employers 010 nearest you for /fir prompt claims service. I Personally hope you will continuo to DrolecS Your world wiNti Employee for many years to come. • • . LLOYD L'OLTON 6301580 EmP4.OyeAs Insupance OF TOX138 TEXAS EMPLOYERS' INSURANCE ASSOCIATION IEMpLOYERS CASUALTY COMPANY EMPLOYERS NATIONAL LIFE INSURANCE COMPANY I P4PIOYERS NATIONAL INSURANCE COMPANY E17 0096.0 .IN ~N.1 M,uM111N ~ / ~ I f r~ V t 1 Pro lote4-I We, the undersigned, petition the Mayor, the City Council, and members of the Planning and Zoning Cormission of Denton, Texas for: 1. Immediate approval of capital funds for and construction of a master drainage system to serve the area bounded by Sherman Drive, Stuart Road, Windsor Drive and Bell Avenue. Improvements to, or replicement of existing drainage outlets in this area is urgently needed to eliminate flooding of homes during rain storms. NAME -ADDRESS ol III'' IF te, SFr S'D5' r- ~ ~ n S 7~'. rfl fz.~ - - Lfl U ~ 1 N 11J~tldr~~ Jr) 1 1.4 "L/Int 9 ~ / .,.may ~ , l ~ 1'1 1 A r . DATE Ya~ k 4 vr- *Ek4t kP d6eAPt We, the undersigned, petition the Mayor, the City Council, and members of the Planning and Zoning Corrnission of Denton, Texas for: 1. Immediate approval of capital funds for and construction of a master drainage system to serve the area bounded by Sherman Drive, Stuart Road, Windsor Drive and Bell Avenue. Improvements to, or replacement of existing drainage outlets in this area is urgently needed to eliminate flooding of homes during rain storms. NAME ADDRESS 64 ' ao o J~t 7QS 701J ~Q-- Amp _ 0 V ..S f n So drz-1, / /L AA _ _ ?Of 1?e~~ yyr S"Z 1 w , lid e i DATE We, the undersigned, petition the Mayor, the City Council, and members of the Planning and Zoning Commission of Denton, Texas for: 1. Immediate approval of capital funds for and construction of a master drainage system to serve the area bounded by Sherman Drive, Stuart Road, Windsor Drive and Bell Avenue. Improvements to, or replacement of existing drainage outlets in this area is urgently needed to eliminate flooding of homes during rain storms. NAME ADDRESS j t=- 7 _ - S a of .a11~ 1~ _ _ 270 Alit DATE STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF THIS kIR"T IENT, mane and entered into this day of _ A. D. , 19 89 , by and between The pity of " Denton, Texan of the County of Denton - and ire-Scate 65T-'' ex- as`, acting through - G. Chris Hartung, City Manager tTiereunto u y aut or ze3 so to o. o the first Part, herein after termed OWNER, and Floyd Glenn Smith Concrete Contractors, P.O. Box 1781, Willowood Drive, Den on, Texas of the City o en on ount,, 0 en on - and State of Texas ; ~arty of the Second Part, F,-ein- after termed CONT1 C70R. WITNESSETH: That for and in considc-ration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of the certain improvements described as follows: Bid #9014 Construction of Sidewalks (Purchase order 53447, Hobson and Hercules Street) located in the City of Denton an all extra wor in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the sai.' construction, in accordance with the conditions and prices stated In the Proposal attached hereto, and in accordance with the Notice to Contractors, %7eneral and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the specifications and addenda therefore, as prepared by Greg Edwards, City of Denton Engineer herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance and Payment and Maintenance Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. SF - 1 The CONTRACTOR hereby agrees to commence work within fifteen (1S) days after the date written notice to do so shall have been given to him, and to substantially complete the same within forty (40) working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. _ The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payiL,ents to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement In the year and day first above written. arty o t ie ~l~rst Texas fil-°Yd Clg2n Smith _ (O N jtY o~the Secon Part i (CONTRACTOR) By Attest: 4ts t SF l PERFORMANCE BOND STATE OF TEXAS COUNTY OF nonton KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH of the City of DENTON County of DENTON and State of TEXAS as principal, and -SECURITY NATIONAL INSURANCE COMPANY authorized under the laws of the State of Tr,xas to act as surety on bonds fcr principals, are held and V rmly bound unto TEXAS in the penal sum of FIFTY FIVE THOUSAND, FOUR HUNDRED SEVENTY EIGHT & 54/100 Dollars 55,478.54 ) for the payment whereof, the said Principal and Surety bind themselveF, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 9th day of JUNE ]9 82 To which contract is hereby referred to and made a part hereof as fully and to tine ame extent as if copied at length herein. PB - 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have aigned and sealed this instrument this 9th day of JUNE. 19 82 FLOYD S SF UR1TY NATIONAL INSURANCE COM ?i ~tlL' y~G \1~ E 1 C4-7R INC I PAL By _ By U, - r { Title ZzeW We Title AGENT AND ATTORNEY-IN-FACT Address: Address: Lullas, Texas The name and address of the Resident Agent of Surety Is: RAMEY._KI.NG & MINNIS INSURANCE 707 FIRST STATE BANK BUILDING, DENTON, TEXAS 76201 PB - 2 TheTrinity Companies Dau,1s. tetae 75201 POWER OF ATTORNEY ru~,arn!I L'ffJl,r Iui ! tl,;'I!:f', i*p TEIIJ IT r' InJI',✓I I+',/1 l!I~'.=1'Atl(L (IVF'Pd~Y :,f _f l1'..IIy Ili.l II'!I!.k If:IJ;'! rIr'; f~Atl~, o Te.,u I rrT,.r,rtl . d II:Ir.I i [AARgY"P9RRELL: A4. X1N( rl '`fIV'OR- r' T1~E~~1I,r~tI . ' NfiYEftSf'~' - DENTON, TEXAS 11; IrI~P (v ,Inv F..I Ail, ..rr I, . ,i,r 'I ufF ri', 1 1 L j~. rr .'.1 •.r..it hr.,,ds c-r ,In' I JJ In'f,, ! ,ti oI 1,_ , I. 1 n Fti 9`Alt;tYt514'~''►N~'~f~%to'~' ~f 1,000,000 EXCEPT !`JO A,IF[10i2I t f I`i r_,KAIJIEL, FW7 , 1. B d pf r,p.ogal t'(1 A wt•(.«, c-,tlm•r,,..{ rat If Ort rl...,rr.. r d,...1 Cre,n, ,T, L9e.nds w1;-,re Att'.r„~•y(s)-Ir.•F ur 1, a{ { it •e. a r urf y It 1''..-1.: r, JN A!1NESS mIEREOF, fkINITY UfJIVf k;Al. IN`•IIi,~AI1' E ! C,VlY.fJY, SF -~!PII tJATIOiJAt. FTJ- SLIRAWF (I)>,PANY -J rpit4ilY IINIVEI1')Al_ INSItl.'AFIr{ rOYliAfJl()f F'At4',A'r, I'J'_., F,n,eeach e.P,vte.f and tit', ICd tl ec,= pre=.e,~t~. lath UNE 77 VDY f :i4l A fS1. SEC ETA Nr A. J 7 lfl,= F_~ENT AUTHORITY FOR POWER OF ATTORNEY That TPINITY UNI✓ERSAL INSIJRAf4"'E COMPAN) and SEC,UfrITY IIATIO!,1 {IJSORA.fJ~F COMPANY, e•t;h a Te*as Corprr, of lcr~ and TRIMI'( 1UNiVEPSAI_ II'VIt ItAN( F ('(')htt'ANY OF KANSAS, INC., •I Kanso". ~ crporafkai, it, rnJr Yranf.a of Outliorylr gi,ml{_J U, 0,,Il Urlt tin It I ,1l:.n 011 f t-f r{,olr rSP„rXd cf Directors on tl,q Ist day J Mu.rh, II06 a•id nl wFV.-}t`.a i', t Ir_o, f,,l{, qr,j -,,mplov ce,py: V,y Vli 2'f ~re'.Idnhl, ,f aiI'y J ~ pI:R 0 eJ .1 , f II r:c r bTpr]`ir'S Fd? arr'I ,,r,t, 'IkESULVED, Thal ifn Pre5l{ Is~Cy urn hcrrFy o1ll on r.rl and >n;.-w,r l In mrj.,., v f d, ll,,r i- I,t.,; ..I l'~:^ (~<.mpa, •1.1s Unto iuch jCr50r ('.r per•, r.r5 re-,id it mrhi r 1h,' I),'.11, ~t I I, rro . ~ aY t, lJ,, 11S E~on,r of Atlifrey rrnstVL;elrI i tl. pnirit l'.7 vi(Ii sir,.i{. r,.1 Ir., t111 T, i,'r and ovtfrr• Ity to rn~IkC, C.esate ar,d lCh,er, f.,r f, 11 Ir, I~,rrrr 'n:1 Ir, :I f, ,j :rI IC ul it hr, r,I or un3ortokin4 that n,ay t,,. n-q~1r.ri rn Ilse fl""lord rrrl+,r„ ,Ir {~r Icrr~.n, u,1 rosrrictinns, tat, a5 to riolura of 5u,1. ;,r ~ ,deftjI,ir'cl mij •t to I'1i15 1 i'Vr In I in y 0" e (1; r. p.:Ir ie s, rs .air{ Offvrn I, I., d..,. rr,.,Cfir, t1.1. It I, of I., rt,,b1 1 Ii,- II,.,1 Ilahilrly r.., wt 116 •.u•l. Rwe,rs „f Lt'„nu It re lri,. I, • I., r I~ i 1.. l i,s, L f', vn..r A r Att,>r,f K. N E q ) I VI I r , T h I t 1 1 , ! I ! I Al t.=r,, n✓F- I'l to key., wh,••fgf rr t t r, , nt;,rr Inr,d I If i 1 1 f, r Vefify rT,lt I,l t I~, i., .-.1 1' ..i1 r:_ „ c 1: n I. t1 f . Ili F. ra 1.'I ;I wir!, tI r.,•r.,t1 rf l,. { n; ..I a Ir. to 1 L.r r.,, r rll r r,rI rr,.I . Ir. 1~ rI ,na1UK- It,erm, i, ,r aiSI'. I, ~ 'FJ r.', r .:nrl ,l 4^, f I u 1 i rs !V iv', r! It foa 1. E S,C,It 'JELL, 11.sIt TI.(• •,I ri! Srrnilr Ijr, r(5 ,]3 r ! ,~r f'y niy f.YIT, t rl ir.i .'rr„ I, 1 r Alrr {r-. III.,, .f do nn+ I fh, T,r 1 1,..I ,.Nv i1 t,.T. CERTIFICATION OF POWER ATTORNEY I l,t:;An Sr, r,,r,r; ,f TRINITY UNIVERSAL. INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY ,r l TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC, do hereby eeft:fy fled ll,e I r, I , ~ .1'.( tV,,, ,1 tl,P Ii.a.it l, ,f L1, Ter 1,115 ..I 11.. , 1, III 'r' I , d I r. Power Attorney I',' r I if ,t, „1„ J'I and correct and are still in full force and eflsEf, 1 10, RJ YrITNErSS '1(IIFF<'f OI , f I, rvr f.,.r. ..in:, ,.rl I 1111 ,t1 ,1l yli,., ,1 t' ! , 1 . .,r T.-•rtl l.. Cr'..., Tor vC r L. 58~~ f 5LI1 t,. E r ru ~N1if s+ sr ,:..~.r ■-else PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON_ KNOW ALL MEN BY THESE PRESENTS: That F.OYD SMITH of the City of DENTON County of D:NTON and the State of TEXAS as Principal, and czy;nR NATIONAL INSURANCE COMPANY _ authorized under the laws of the State of Texas to aci. as Surety on bonds for principals, ace held and firmly bound unto the City of Denton, Texas, in the penal sum of FIFTY FIVE THOUO'~ND, FOUR HUNDRED SEVENT~'oFflaVs ~~4/100 54 ) for the payment whereof , the said Principal -nd Surety bind themselves and their heirs, administratars, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal. has entered into a certain written contract with the City of Denton, dated the 9th day of JUNE 19, 82 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PB - 3 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no changge, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive r;otice of any such change, extension of tuna, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day Of JUNE 19 82 , ~'T.r~vn SMITH : ECUR NATIONAL INSURANCE COIQiPA P I PAL RET - By By f~ f r -A TitleTitle AGENT AND ATTORNEY-IN-FACT Address; Address bA1.LAS.,-1r-XAS The name and address of the Resident Agent of Surety is: RAMRY, KING & MINNIS ICE 707 FIRST STATE BANK BUILDING.-DENTON, TEXAS 76201 PB - 4 TheTrh ty C0111pa111CS [>all:1:, Irris P,201 POWER OF ATTORNEY ,I i'hll f I;,; 11, H;!-~ IIr E. U'; I'Atd i, ~.iIWJ E- lu;l If yy :I E}p,M$Y` ''$fttEL~, kINb';; fIIrI~R , I• it r RANDkLL L. MI~1~1IS~ - DENTON► TEXAS tlNR 91LLiON AND N0100 ' 11,000,400 r. 11. i~ .I ~ 15th JUNE 17 AUTHORITY FOP POWER OF ATTORNEY .t ; r 'a k~ l r.r ,,i ~Art, r y 10 .,f1, I , i H, t Le, r t. L I, it r f r i}, t 1 r rl.v t.,llr IL 1, 1 il. N j.. r' 1"'' r~h. - r hllr r,l r fl 1. r IC wlr,c' nft; n fr r I.F_~II ill, ~f,f p„r ~IlI ~.fi~r Ir- t n _,:II !r ,f t, I, , j 1.. I I.,V .1: . ,y 1ori,• 11 "'her r ,1 I ~ Srcr':t r, 15 at :i I f I'. rI I , f tl v I I!+ti nL 11 '-I t v. ' I I 1 r, 'r. 1 1 1 .~eNiy r i.. .,,.j ;I -ry r rf 1r 1, o . .,i tl~ tl ,r~ rl~„ I k.. I r,. ,f I <I .r i , . r~ ! r. ..~..i.~. I IF 1... I - I r rr r I,. , ~ r,. . S! I,r fr. r ~ rn 1, Iri CERTIFICATION OF POWER ATTORNEY 11, ! TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY r I TRNIITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC, do hcreby 1. Attune Attorney 1 .'r r, true and colracl and nre still in full force and efleU. { J. IN Y+liFIE:`iS r.ISFf-}(IF V l.;.c f ~ r. + ~ r I ~ 1147 O~,H;•Wr ss~:~.i ~:o K-AJ_ _ .A \w~ SO X54 pA St SEC ETAHY SS~ :SEAL` ~fSEAL}~ e-uaa MAINTENANCE BOND THE STATE OF TEXAS ( COUNTY OF KNOW ALL MEN BY THESE PRESENTS: THAT as Principal an-a a Corporation authorized to do business in the State of Texas, as surety, do hereby acknowledge-themselves to be held and bound to pay unto the City of Denton, a municipal corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of dollars 108 of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said has this lay entered ~ to a written contract eiith the said City of Denton to build and construct which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary ir: connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said Contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to diver all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain s,-kid improvements it is agreed that the City may do said work in a.,cordance with said contract and supply such materials and charge the same arainst the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 NOW, THIMEFORE, If the said Contractor shall perform its Agreement to maintain said construction and keep same in repair for tho maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said ____as Contractor and Principal, has caused these presents to b'e executed by ` and the said as surety, has caused --Ch e 'se presents to be executed by its Attorney-in-fact Attorney-in-fact as ereunto set his han thisdthe the said day of 19 SUEtF,TY: " PRINCIPAL: BY: ATTORNEY-IN-FACT MB-2 MP-M C1P Sidewalks 1982 Bid Tabulation Fheet Bid 09014 It em Description Extension (s _ Quantity Bid Price _ Total_ 242 Limestone Base Material 340 S.Y. 13„j41S.Y. 4,J35-,/e- 42 1 Class A Concrete 13 C.Y. 300,`'6/C. Y. 3 ~c~pp. 432 Class B. Concrete Riprap 300 S.Y. 30.'~~-S,Y l~oS-cc 46S-A 27" R.C.P. 37 L.F. 62,20/L. F. 2 O1.4o 46S-B Safety Ends for 27" R.C.P. L.S. 1300.A.S. J"3(Do.CC S24-B Concrete Sidewalk 1,951 S, y. 15,3¢/S. y. 2q 928 ~4 SP-2 Sawcut Existing Concrete 60 L.F. 7/L. F. ~ZO z~ SP-S Type PR Guard Rail 60 L.F. L. F I^ °c Project To :al Sti ~7N ti~ Alternate: SP-SA -GF`77 Guard Rail 60 L.-F. L. F. f{ 76., Project Total substituting Item SP-5A for Item SP-S $537/4.54 vi- P - 3 f BID SUMMARY n . ~ TOTAL BID PRICE IN WORDS 1 r t t',- 11 ~S CJ V S'_r2-,._ T rt In the event of the award of a contract to the undersigned, the undersigned will fur. ish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance Frith the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposa F1 ClIrl l, shall control over extensions. C 60 0 CO TOR BY _ O Z?,, 1 71'L W II zZowane, / 42, Street Address i -T 'Z city and State Seal f, Authorization _ (If a Corporation) J-7 04 Telephone P 4 00-dificate of Insura de word INFORMATION ONLY AND , THIS C(RTI(ItcAil IS ISSUED. As A MATTER OF 'THIS CER11FOCAtt DOES NOT, AMEND. EXTENO 04 AtTER THE COVERACE AFF DEDPOY THE POLOCO(i LISTED BELOW hAMI P4(1 ~DIJi PSI 4f,V COMPANIES AFFORDING COYERA.GES Alexander & Alexander of Texasr Inc. Diamond Shamrock Tower m,P4 Vigilant Inaurancc Company 19th Floor Lock Sox 8 Dallas, Texas 75208 B Mission Irlnurance Company -,AV( ASi, fI I "I i, -rx r:.~P ) a'.i Moore Construction, Inc. - - Box 669 Jacksonville, Texas 75766 - Aq'A!.r I I:fP Ih~i iy l9 Lr rt lY if el{+ Is Aic,✓ar JcM14 MhD.o is r^d1011 1n 1d`,.. )r rif^irn el 11 .f Llrr ,~t^n Ot d"y cLl'lhfbl cr 7.I'n du n i~nt n ri .IPIf Hi n',(hi Ihy i I'tntn. n i t v. ~ . . - lPf,A.F.luyi.ye^dn (x:.!„I''.• _ L belts of Liato i,ltr in ihousanCs f605) 1 GENUAL LIABIl I1Y A (82) 7777 W) 76 15-]0-82 300 300 100 y 100 I I 1 AIIrOY01,1l t LtAIIII l r ! 250 ,k `'~r~ s>. A (Ei:)) 7"117 85 77 `i-10-62 i r 500 100 I _E%SE~S LIAWLIIY B M 87 98 24 1,000 I ° 1,000 I j i $25,000 Retained Limit I lsuFncs's 1 UNLt rr .I j I~ s f,l I1ER aili'ai6i:31[ 4.1,,"3:Jt wse`x~3o~5'J7«t'~+•.3n:.a"~'- ~it~'~1~0. f? F'r~?Y~'•"~a~72;?~$1~°~'e."1fl~biEdll~f Jot, - City of-llic,tl, 'T'exas Northridgu Drainage April 23, 1982- City of Denton Denton, Texas 'V . ~rUVI 1. nVrf `dhUl ryf Harry A red G son DUMAS, HUGUENIN, BOOTHMAN & MORROW 1212 KIRNY BUILDINO 1509 MAIN STREET DALLAS, TExAs 75201 1214l741-3458 W. R. DUMAO 11090-I111411 5A4 •MONO OFFICE A. ERYCE HUGUENIN CLAVO D, SOOTMMAM 1100 TONER SVILO~W5 11EER7 M MORROW IA% ANION J, 1E.A!7020G EOM. ESQUWLL 1511111] 964, RICHARD WM4RRI/ April 22, 1982 Charlotte Allen City Secretary 215 E. McKinney Street Denton, Texas 76201 Re: Student Loan Refundinq Revenue Bonds Series 1982-A Deer Charlotte: In line with the resolution adopted by thf, City Council which approved the issuance of the Student Loan Refunding Revenue Bonds Serie_, 1982-A, we enclose a copy of the Attorney General's approvin(j opinion for the records of the City. Very truly -yours EMM/sh / CC: Lee Donner Enclosure N44 It The Attorney General of Texas r March 30, 1982 1ARK WHITE homey General THIS IS TO CERTIFY that the following described bond, together with authenticated copies of the iolemeCOw1 6u00'n9 proceedings relating to and authorizing the issuance 13011250 of same, have been submitted to me for examination nbn TK ?V tt 247575ot in accordance with the requirements of the statutes of the State of Texas, to-wit: tiORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. STUDENT LOAN TEMPORARY REVENUE REFUNDING BOND, SERIES 1982A, issued by virtue of a Resolution adopted by the Board of Directors of said North Texas Higher Education Authority, Inc. on the 9th flay of March, 1982, and pursuant to an Indenture, dated as of the 1st day of march, 1982, by and between the North Texas higher Education Authority, Inc., a private corporation, and Mercantile National Bank at Dallas, Dallas, Teras, as Trustee, national banking association, for the purpose-of refunding all of the Authority's previously issued and outstanding bonds; dated March 1, 1982; numbered as bond numberT-1; in the denomination of Eleven Million Eight Hundred Forty-Five Thousand Dollars ($11,845,000); aggregating the principal sum of Eleven Million Eight Hundred Forty-Five Thousand Dollars ($11,845,000); maturing on December It 1997; bearing interest from date until paid at the rate of Thirteen and One-Half Percent per annum, payable on December It 1982, and semiannually thereafter on June 1 and December 1 in each year; both principal and interest payable at the office of the Trustee, the Mercantile National Bank at Dallas, Dallas, Texas, the initial Trustee; said bond being subject to prior redemption to the extent and in the manner provided in said authorizing Resolution and Indenture. From a careful examination of said bond and proceedings and the Constitution and laws of the State of Texas on the s-.:bject of the execution and issuance thereof, I find the following facts, to-wit: ThLt sa_d :.orth Tcx4s Hi,Pher Education Authority, :nc. was, at the time of the adoption of the Resolution abot,,2 referred to, and is, as of this date, legally created; (2) That this bond shall be payable as to principal and interest solely out of the Net Revenues of the Authority or Trustee derived from the operat`_on of the Guaranteed Student Doan Program under the Indenture (as specified in such instrument) or by reason of the ownership of Page -2- Guaranteed Student Loans held as a part of the Trust Estate, and certain investment income, as prescribed by the Indenture; (3) That other bonds payable from money obtained from other Guaranteed Student Loans purchased with the proceeds thereof may be issued by the Authority without reference to the Indenture securing this bond; (4) T.iat the holder of said bond shall not have the right to demand payment of this bond or any interest thereof out of funds raised or to be raised by taxation; (5) That the Resolution and Indenture authorizing the issuance of said bond are in proper form and were legally adopted; (6) That said bond is proper in form and in accordance with the Resolution authorizing its issuance. The Comptroller is instructed that he may register this bond %,:ithout the cancellation of the underlying aonds. IT IS MY JUDGMENT, and I so find, that all of the reyjire- mCnts of the laws under which said bond was issued have been met; that said bond was issued in conformity with the Constitu- tion and laws of the State of Texaz; and that said bond is a valid and binding special obligation of said North Texas lligher Education Authority, Inc. 14inErORE, said bond is hereb, approved. 11; TESTIMONY WHEREOF, I have hereunto signed my name offi- cially and caused the seal of my office to be impressed hereon, in the City of Austin, Texas. A torpey General of the State of Texas iS130 Book No. 71 jh Northridge Drainage 8 9 3 7 Rid 'tabulation Sheet Extension Item Descrietion 9u32tiiX Bid Price _ Total 104-A Remove Concrete Pavement 1250 S.Y. /S.Y. 104-B Remove Curb & Gutter 645 L.F. /L.F, 104-C Remove Sidewalk b Driveway 165 S.Y. /S,Y, 110 Unclassified Excavation 1345 r.Y, /C,Y, 242 Flexible Base 735 S.Y. /S.Y. 340-C Type D Asphalt Pa tCh 250 'tons /Ton 432 4" Concrete Riprap 1160 S.Y. /S.Y. 465-A 15" R . C . P . 67 L.F. /L. F. 4 6 S - B 18" R . C . P . 29 1,. F. /I..F. J65 C 24" R.C.P. 4Q F.F. /L.F. 463-1) 27" R . C . P . 336 L.F. /1..F, 465-1; 30" R.C.P. 628 L.F. /L.F. •165-F 36" R.C.P. 347 L.F. /L.F. 465-11+* 38" x 60" R.C.P. 1087 L.F. ;c /L.F. 470-A 5' x 5' Junction Box 1 Ea. /Ea. 470-B 6' x 6' Junction Box 2 Ea. /Ea. 470-C Special 6' x 8.5' Box 1 Ea. /Ea. 470-D 4' Curb Inlet 6 Ea. /Ea. 47U-11 6' Curb Inlet 3 Ea. /Ea, 470-F Curb Inlet 1 Ea, /E:a. 470-I; 10' Curb Inlet I Ea. /Ea, 470-II Special Inlets 7 E,a, /Ea. 471 Inlet Fraines $ Covers 19 Ea. /Ea. P - 3 #8997 Y Item Description (quantity Extension Bid Price Total 522 Concrete Curb & Gutter 309 L.E. /I F - 524-A Concrete Driveway 150 S.Y. /S.Y. 524-B Concrete Sidewalk 12 S.Y. /S.Y. S60 Metal Beam Guard Fence 90 L.F. /L.F. SP-2 Sawcut 2240 L.F. /L.F. SP-4 Lower Water Line 6 Ea /Ea SP-6 Adjust Sewer Service 8 Ea. /Ea. S11-7 Adjust 'ate; Service 8 Ea. /Ea. SP-8 8" Ductile iron Sewer_Pipe 40 1.. F. /L F. base Bid Total $,j_y•.1 a Alternate Project T,i')ujation - Rcplaces 38" x f, l" {1tcn 465-II) 465-G till R.C.P. 342 1.. F. /L F. SP_5 x_3' Box Culvert _600 L.F. /L_F_ Alternate Aid Total *Alternate bid total should include all items in base hid except 465-1i (38" x 60" R.C.P.). Total should reflect total project value for alternate. P-4 #8997 BID SUMMARY TOTAL BID PRICE IN WORDS `Cw0 HUNDRED SEVENTY NINE THOUSAND 5iX B NURED TEN ,'1ND NO/i00-------' In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. MOORE CONSTRUCTION, INC. CONTRA ' OR BY VICE PRESIDE P.O. BOX 669 69 SOUTH Street A f-ess JACKSONVILLE, TEXAS City and State Seal & Authorization (If a Corporation) Telephone P - 5 STANDARD FORM OF AGREEMENT STATE OF TFKAS COUNTY OF Denton THIS AGREEMENT, made and entered into this _ 15th day of April A.D. , 19 82 by and between .,c Citf of Denton Of [fir County of Dent i an the State o Texas, acting through John J. Marsl~all_ Purchasing Agent thereunto duly aut ori~ed^so to o, Party of tie First Part, herein after termed OWNER, and Moore Construction, inc. -P.n. Box 669. Jacksonville, Texas 75766Ttl_ o=2169 t e City o Jacksonville County of and State of Texas Party of the 5econT Part, herein- after termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Dart (OWNER), and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of the certain imorovements described as follows: City of Denton Rid #8997 Northridge Drainage with the deletion of items 242 and 340-C for the net total cost of $279,610.00, and considering alternate project bld total of $321,960.00 less 7,350.00 and 35,000.00 respectively. located in the City of Denton a n d all extra work in connection therewith, under the terms as stated in the General Conditions of tlhe Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construcrion, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with SF - ,r 4 r n eConoditions of the Notice to Contractors, General and Special Agreement, Plans and other drawings and p art in and addenda explanatory mat erthereof, f, and the specific therefore, as prepared The City of Denton, Engineering Department, Y Herein entitled the ENGINEER, each of which tla8seem iden ifthe by the CUNTRAC'fUR and the L1 e I @'ra t Conditions of the CONT'RACTOR'S written proposal, and Maintenance Agreement, and the Performance. and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence wort: within fifteen (l5) days after the date written notice to do so shall have been given to him, and to substantially complete the some within one hundred (100) working days after the date of the written notice to commence work, s,obje;ct to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds price or prices shown in the proposal, which forms a part if this nConditionsh payments subject to the General and Special IN WITNESS emenltRFiii .UFth tile pa rand slay to these first anove wr i cFtene executed this Agr Texas Moore Construction, Inc. _ __Ca~it,yy, of Denton,, Y_ - party O7 t to S-ec~gart lsarty o~tTe rust Part ER) (CONTRACTOR) sI B Attest: SF - 2 Bond No. S806891 PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That_ MOORE CONSTRUCTION INC. of the City of JACKSONVILLE and State of 1EXAS as County of CHEROKEE principal, and Aetna insurance company authorized under the laws of the State of Texas to act as surety cn bonds for principals, are held and firmly bound in the penal sum unto The Cite of Denton, Texas of Two Hundred seventy nine thousand six hundree. ten b no/100 Dollars 279,610.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 15th day of April - 19 ` To which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. PB - l rr.- NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to cnmain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Sessioi,, 1959, and all liabilities on this bond shal.l be determined in accordance with the provisions of said Article to the same extent as if it wire copied at length herein. ` Surety, for value received, stipulates and agrees that no ` change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of April 19 82 MOORE CONSTRUCTION, INC. Aetna Insurance Company PRINCIPAL SURETY Title VICE PR ENT Titf-e Attorney-in-Fact 401 Campbell Centre Address: P.O. Box 669 _ Address---8150 N. Central Expressway JACKSONVILLE Dallas, Texas 75206 TEXAS 75766 The name and address of the Resident Agent of Surety is: _ Joe Bruce Alexander b Alexander of Texas, Inc. Diamond Shamrock Tower, 19th Floor-Lock Box 8, Dallas, Texas 75201 PB - 2 Bond Ro. s806891 PAYMENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That JACKSONVILLE of the City of MOpRg CONSTRUCTION, INC. TEXAS O~EAOxr,e and the State of County of Aetna insurance company as Principal, and authorized under the laws of the State of Texas to t unto surety on bonds for principals, are held and firmly bound nine thou. penal sum of two hundred seventy the City of Denton, Texas, in the p went whereof, 279,610.00 ) for the pay six hued. ten b no/I00DOllars the said Principal and Surety bind themselves and their heirs, tors, successors and assigns, jointly and administrators, execu severally, by these presents; WHEREAS, the Principal has entered into a certain written ay contract with the City of Denton, dated the o of April 19 8---- to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION O THIS ll O LIGAT O supplying that if the said Principal shall pay a recuing theis p obligation saiducontracttor thienn the labor and min or of the work rovided for p otherwise to remain in full force and effect; shall be void, PB - 3 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Tex-s as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be detersminameedein accordance it were copied at length herein. Surety, for value received, sti,')ulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of April 19 82 Aetna Insurance Company MOORE CONSTRUCTION, INC. URETY PRINCIPAL By Janice C. Correy Title VICE P DEBT Title A~Ioramp en-Faer,tre Address: P.O. BOX 669 Address :8150 N. Central Expressway JACKSONVILLE Dallas, Texas 75206 TEXAS 75766 The name and address of the Resident Agent of Surety is: Joe Bruce, Alexander & Alexander of Texas, Inc. Diamond Shamrock Tower, 19th Floor-Lock Box 81 Dallas, Texas 75201 PB-4 Bond No. 5606891 MA INT E`ANCF. iMI'D s'liE SIATE OF FI:XAS I UU'.1 y oc~ Denton K~U'ti ALL ~W'% 1:Y 1,111 A NRESENVS: TlIAT _tit.i1:1~5);JS1ftU{_CFI)VL1-NC.__ - a s k'r i nc i pa l , and Aetna insurance Comp,MY a Corporation autlori e~3 to do 63si~ics Tit tie State of Icxas, as surety, do he rehy acknui.ledg(2 t11crlseIvcs to be held and h0Utld to pay unto t11Q City of Denton, a municipal corporation of the State of Texas, its succcslWikc, ?JWni`fiJ ARcf NiriVHLARi4P91xty one _ Denton County, l'cxas, the sum of and No/100-----_-----_-_----~----------------- dollars 27,961.00-- - IOo Lit t h- totalamount of _ tGe contract for the paymerit of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. 'this obligation is conditioned, however, that: WHEREAS, said Moore Construction, Inc. _ _ has this day entered into a written contract with the said City of Denton to build acrd construct -Northridge Drainage Bid No. 6997 which contract and the k)lans and specifications therein mentioned, adopted by the City of Ucnton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and ;tiHEREAS, under the said plans, specifications, Li nd contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to he done end performed for a period of one ( 1) yea hacfkrfi`llith tdate ac may acceptance thereof and do all necessary become necessary in connection therewith and do a I I necessary work to and the repair of any effective condition growing out of csr arising front the improper construction r,f the improvements contemplated by said Contractor on constructing the same or on account of improper excavation or hackfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, -Fork, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said wort: in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to coinl-,ly with the terms anti provisions of said contract and this bond. M3 - 1 NOW, TP EREFORE, if the said Contractor shall perform its agreement to maintain said construction and kaephsame in repair for the maintenance period of one (1) year, contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall. not he changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said- MOO" Constru"'On, Inc. - as Contractor and P-rFncFpal, has tause3 these pres,-&Its I ~u~i'a~►c~~ by and the said _ - ---C J Its as surety, has cau C6 1e ,*resents to exeCLIE Attorney-in-fact a said Attorney -in - fact _ Fias~`ereto set- ifio oarid+t}iis the day Of -April 19 SURETY: PRINC PAL: ketas Inst..:anee coapan7 r MOORE CONSTR TI0" INC. - Jan S 0 rray P.O. SOX 669 - - 'A'IrTU +N ` ' JACKSONVILLE, TEXAS 75766 tit B - 2 Aie ra Insi rance COMPAn. ' Q/ NART10010. CCNNtr ICWT P,OW rte{ CPr ATTORNFLY e .4v.4 ;kV TRESS ?°.ESE>rT'S.:SIC.~E:`jA L~SL?AVC: C'J}tp..v'Y., carKraooa baud br old assaaat •,adar ~a Whil5'» of K.rO~ ALL x_ nlr-;" cdce La tae C:Cy of Hardord. Susa of CaaaecaC3L 1144 hereoy eamta Cor1~Y Or toDorothy Valek of ray p Lawrence Brown or Janice d. Be A A, . Gibson bso son or Joe Bruce or W. _~e=+mt=rreuof Lecor9onrion.sa?untY.asisar. Dallas, Texas* Lanhy^oarar*dauecute.andtoads ;ta =0 sad iawtai .rrr:4r spin fact. tnLy f11 dower and nSor ry = 'led. +uaiect :a se ur ueor~ and ceaaieona'nentnater let f.MW, bands ana dale:.arts u f1i:o~L Any and all bonds and undertakings of eur*tYahiP* +1A ESL?.tiVC' CON~.%. Isy Smby as `i;7 and'o'=e race atear u'1 Cars xed v.n r:laed'of 1:-i duiy auc`ar.:rd en of sad to bini A a ilnble ;a otA?TSCIs :1 1f:de 3Y~RS of ,fie :ampany LV5L'B+tYCE CCIMPAi..tad ,:Jr lea Of said ar~rcara. i+r+ueat a a. ace orry :e i 'c apD This power 1f arorey'A traatd undet and by the rntharir/ of the r .ntlaw%n ua~1D rural of atanon snd cazou if The praeideac Of a'nfLtuaot VaUrl and *r-W ba. .1 &E a~oecu of>7 ^eacanat~d~ry :xogyascee. :o rn:aaeoclau :doou. .a =Ic;! uriuet nenpu viuua,.leda. ou-Ieat'owueaaorbY•ouof.aduse'sn.a=dA..ChfjWjn3nary:urAetedw'caaaecenarrotdeeva'o;+etd e aauaaa IS cry *4aue! a t_e orainary dens nt may ~ or a may b4 ~d to the afar- _ ~ aarutantyseets►r/a+7D" Wand auorsa an a^•ar_ey.;s.fac of ray atnar led of La comDaay "ale neerut -be ,eu of ;ha eam0aay's~1° "ac's °a'ry CrZHL'iale. Lascr-ax1ews Lad •1S♦ prnideot or a vice ;ter With ft-+ the aaatlrr+aer of a reerrtar/ e a eov7 of lay of t-11 bylaaa ottye eon vary or Detwa w ave+u on behai! of the company any tom hA of.L~.ardda an aaLSar d and ems aradtoccsty - Lera~ raer+cecasaar sn•factandartheptetadLtDantnD L 44448 oay+athaaeala{-erompaay_ Tgaanonay*udhy'sedkxmn or'atLeSaanaa+state maatofSecaodidooo/_.acamvutf ay,^maoistioeuado9 Led~ariatD':eeaHat~.eA.r'T~A or deairalla Tt3apoMesofaaorrw,'seirrdatd+e+Sdbyt►airletudrrasdbyuaetlorSgot'.L.efa~3aWi_iP.aaoin:onadoptru y~ C45tit';CE CO%QA.NY at a ="n`t duly called lad held an :he 11th day of Feorsary. ISbE F ESOL~'ip T v~ i . is u a uec:doa, area u da a lad Ca alia S of lay 14444 wrest o c sale r~ittat a:tS or..a3 by .~ca 1', 1f :i. a "a y'. a.+e.'~ a fan i rt:e r. ~-at1 e S.ce:arY of • orleera acd _e fleatrl r reel of the Company tz`_sd ate +m Ld ue lad bta~iresentsnt a be apse rt;a the d Ccby u Ptie eat and Su an! ::r-4444:44 ty. ~;Yr55'~YHEREOF. A-I"'NA S.`1Wx&SCE COWt,~tA,.Y !Lows ahaJ :e void L~ ~_r- :P _ sepal to ba a+se~W ward arcs ad by to Sec etary. Sisj"`" rfT:fr+t INSURANCE CO.M?ANY Prtsidtnt t: Arles SecrKary .£'t:fA $eerKSry STATE or CON, 47r"~Y 1 ea COLO`= OF :+.A.R sORD 1t 14th lsy of__ ~ L' 'III •befora me. ooze 1. TofcSce+cs. -.hA -=dcmpd atUarty~.`,~yaarroriaes `mare of EIEP tba CO I:rpr mCdA.FR.1~a:du.~.3SL"?3ttY wheaciro+idirdthrsaairrrmbet.+'+?ye+w'eataa _eQetary ranonandat:eesdaLaearr+a:nnt•: e ofvsaer-oliv lad:aaesarrbeiriauthonan dthat aved 441 ads d tha•etaLhaenuoII!-,# orpa rtteraaLUstad ys,~i" she cd oo b by7 tb th e a r-+"rn as ?:r,td rr ,ad eaetatT. fon i'xa 1 1--af"=0216 s La WIimau'nereotl :enar.to rat ay hard and ssal o4 h6TAAY A' t O} v~ Opp. PUJIUC Pt :ia ~~/r hoea~y Pa6t:e Sfy come"Aioa e3pir44 Apnl :.:A4 aiiTMCA TE r :~at cte r:era 44448 L the ands +ttaed Secretary of she ALT` LV IUMIlp CONtPA.tiY, a Cansrcarat eor7 ranoa CO REA S f ' ..E':':s 2trtho d-A ted.f DtrryOf Ike and no, Ufa exsn haPr•~etArorp Y atfna ataloraaravafet.ld CU :::f:heMk b':efaer.:,ouean.sa:ea T.aaaianaa of t.e - - ac_r,t. this -..day S;l•:ad and (iced at Har.!ori "onn 'y fora t±3047 [6 I.SO 1lsvsto cc v~..~ LP*A -140 //10 Ser. Karp R , E C 1 i 1 Cif DENT U% ( 7 } n . oerson5 , c rc i. huthority of the Cit1' rftf r d to Ser,.e af• CC- ~`siE~•Crs (if ~!,E ' "Lisinr, f ror the ~4 . of I1e[~luu, Texas _ 6-U - day of July 82 until tte f?firoitC?n catf as 1ndid belcr:: Ceurge_Hopkins (SUCCfedS i,eo. Hopkins_), Tt'rr' expires 1une_•30,1984 kobert C. Mizell (succeeds R. Minnisiern expires_June_30,_1984 (succeeds ierr, expires {sim eds Terr•Expires uLdS ~(r expires hereby certify that raOrie of the abo~c newly d^sianated (cmr: issinrers is an officer or employee of the City of___ Ue_pion,_Texas l Ii WWII ESS WHEREOF, I have hereunto sicned rw r;are as 11:!yor of the City of Venco._ Texas and caused the ity to be attached this cjra.__r~l -________._day of official seal of say i City-t-0- 19 Poe-- . r oyo Atlr5t' t y (Seal) OAiki OF OFFICE OF CC':" ISSIO';Fr.~ Of liil HOUSINT, AIIIHDR]D' OF IN C;71' Of I do solemnly swear that I 011 faithfully execute the duties of the office of Curumissioner of the Housing f.ut'ority of the City of -Dc N_rC'N , less, and will to the best of my preserve, protect, and drfend the Consti- tution and laws of the United States and of this State, and 1 solemnly swear that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thino, or promised any public office of employment, as a reward to secure appoint ment, so help me God. Subscribed and sworn to before me, by the said >r ~~~Q ti S this day of 7~ s L , to certify which witntss r.q hand rnci seal of office. (SEAL) Ily Commission expires: r. PAID, OF OF FICL OF C;"'.'SISSI('':f.! Uf Tii: H"J U S I V, A U 7 H'I'-111' or It'! C OF 'DeNTt> 1trr,~ I do solemnly swear that I will faithfully execute the duties of the office of Commissioner of the Hcusinq Aut~~:city of Vie City of ')'6wr0M , Teas, and will tc tre best of my abil t~ y preserve, prefect, and defend the Con, ti- tution and laws of the United States and of this Stat.z, End I solemnly swear that I have not directly nor indirectly raid, offered, or promised to pay, contributed, nor promisud to contribute any rraney, or valuable thins, or erorriir>ed any public office of employment, as a rev;ard to secure anpoint-• vent, so help me God. isstcn r Subscribed and sworn to before me, by the said_ •-Rp~Q~sT Q,. f-4i'a._s 1. L_. this day of 7'--z ' ly to certify which witness ry nand end sea, of office. (SEAL ) Icy Commission expires: %f'tary I U!, I iC CJTY0 DENTOd, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76101 TELEPHONE (8)71566-8200 Office of City Attorney July 29, 1982 Mr. Richard W. Kreutzfeldt Arthur Andersen & Co. Suite 2200 1201 Elm Street Dallas, Texas 75270 Dear Mr. Kreutzfeldt: Enclosed please find an executed copy of the contract for professional services to the City of Denton to be prow??d by Authur Andersen & Co. Sincerely yours, C. Jt Tayloi, City Attorney CJTJR:sc:l xc: Richard 0. Stewart Mark R. Chew Joe G. Alford J. R. Riddlesperger Ray Stephens Charles Hopkins Jack 0. Barton Bill McNary Charlotte Allen f S AEe'rut,:: AxDE:EtSF,~ CO. Si ? L 2200 lL?Ui lit.!} ti'Sltt:FT 'I t.Xa~ 7"t;~rl July ]b, 1982 Mr. C. J. Taylor, Jr. City of Denton Municipal Building Denton, Texas 76201 Dear Mr. Taylor: Enclosed is the "arrangement letter" we discussed the other day. As you indicated, you would discuss this with mayor, have it signed and a copy sent back to us. Very truly yours, ARTHUR ANDERSEN & CO. ,I. y Suchard 17. KreutzFeldt pjm Enclosure 1 1111111/ An i iiuiz ANI)ERSE'N & CO- SUITE 2200 V-01 ELM ST14ErT !1N1 i.%%,TJ 7.5'270 Lei tl ~,u•__~~1 July 13, 1982 Mr. Richard Stewart Mayor City of Denton 215 l:. McKinney Denton, Texrls 76201 Dear Mr. Stewart: We are pleased to have t11is opportunity to provide professional services to the City of Denton. This letter will set forth our qualificutions and our tinder- standing of the procedures to be perforuuld based on our dtF;!%usston with you. 11A1,lFiCATIO!3S Arthur Andersen b Co. is by far the largest accounting firm in the metro- plex area. Our size enables our personnel to specialize ir, various ind713trles, including local government.. We presently perform the financial audits of three of the ten largest cities in the metroplex area - Fort Worth, Arlington and Richardson - and of several other entities including the Cities of McKinney and Coppell. Our considerable experience in governmental accounting wnald be brought to bear on thts engagement. Overall responsibility for thts engagement will be assumed by Bill Dillon. Bill is in charge of our office's local government practice and is the engagement partner on each of our government audit -lients. Bill will be assisted by an audit manager, Dick Kreutzfeldt, a recent transfer from the Milwaukee office. Dick had substantial involvement in the local government practice in Milwaukee and has responsibility for several of our local government clients in this area. 'through our rel;ular audits of local government entitles, our Firm has gained substantial experience in the areas of purcb.nsing and employee cxpc,nse reporting. Internal control weaknosses in these areas have frequently been addressed in our management letters. in addition, while in Milwaukee, Dick Kreutzfeldt wa;: in cllargrr of a special review of employee expenses for a non- Auinun Anna-lusi:N & (;o Mr. Rickard Stewart -2- July 13, 1982 p rcrt!t url,,.url::pi t It, ii Ttri o-+ r , vi.i.: te -;nltc -ri f r..,r :ulccr~;C 10211111•Ity 17 (';'Ir11i1'.,ti t.h-ca u.lturc' and amount of these oxpI.,rasrs and would bo slur; l Ina to Lha review Lo be con- ducted for the City of Ucnton. While we have considerable experience in working with local governments here in the metroplcx area, we have not previously worked with the City of Denton or it-; employees. This would assure our independence in conducting this review. SCOPE OF REVIEW There are many alternatives whirs may be considered in approaching this work. The following discussion presents the approach which was discussed with you tit the council meeting on July .13. We would be happy to discuss any further changes you would consider appropriate. Our review will address two areas, consultants' services for da'a processing cund employee expenses of the city manager and his assistants. We will first obtain the assistance of city personnel in preparing a schedule summarizing certain infonnation with respect to the consultants' services for the period from July 1, 1981 through June 30, 1982. Information to be gathered will include the name of the consulting firm, date of payment, amount, description of services, existattc2 of a contract, approval for payment, etc. We will compare this schedule to source documents on a test basis. We wil: review the information on this schedule for the following: Compliance with city procedures regarding contracting bidding, approval for payment, etc. Corc.parison of services provided by consultants to services performed by clty personnel. Compliance with statutory requirements for contract bidding. We will obtain the assistance of city personnel In preparing a schedule of employee. expenses by the city manager and his assistants for the period from July 1, 1979 thruul;h June 30, 1982. Information to be included will include name of the employee, date of reimbursement, amount, period of brie covered, type of expense (travel, business meals, etc.), business purpo;;e, supervisory r Ar~rcrrcrr Ay»r:u5r:x & Cu Fir. Richard Stewart -3- July l3, 1982 approval, vtc. Thc fidurr,,:,tiun uu this schedule: will br rnviul od for the following: - Compliance with city procedures Including documentation, supervisory approval, etc. - bocumentation of businoss purpose - Reasonableness of expense fa relation to but:lness activities of the city. This schedule will provide information as to tF+e nature of activities conducted by the personnel in the city manager's department.. For tire purpose of co,nparison to other major cities in the metroplex area, we will contact these cities to determine whether such activities are conducted by the city manager's office, by otter city personnel, or not rat all. Due to the seaslL ivity of this information, it may not. be possible to obtain responses from each City. At the conclusion of our review, we will prepare: a report setting forth (1) the description and dollar amounts of the activities reviewed by us, (2) the review procedures performed by us, and (3) our findings and reccnnmendations. FEES Using tire approach outlined above, our fees will not exceed $5,000. We estimate that approximately 60 to 80 hours will be required to complete this review. This will include principally partner and manager time and a certain amount of staff time. Should any unforesecn developments occur which would affect the scope of the review, we would discuss this with you before beginning the additional work. We appreciate this opportunity to be of service to the City of Denton and assure you this review will be given our close attention. Should you have any questions, plea3o contact bill Dillon at 741-2261. Very truly yours, ARTHUR ANDERSEN b CO. Approved and accepted by the City of Denton, Texas: City 0ITentoo 1 cl, rd S-~ rt, Flay r At e: Approved: City Secretary C.J. eylor,~r. J ` C3ty Attorney PRELIMINARY OFFERNG MEMORANDUM OF AUGUST 301 19112 NSW LSSUE In the opinion of Bond Counsel, under existing statutet, regulations, rulings and court decisions, Interest on the Bonds is exempt from Federal Income taxation, as more fully set forth under "Tax Exemption" herein. 500,000,000• CITY OF DENTON, TEXAS UTILITY SYSTEM REVENUE; REFUNDING BONDS, SERIES 1962 Dues September 1, as shown below. Datedn September 1, 1962 Principal and semi-annual Interest (payable March 1, 1963 and semi-amually on each September I and March 1 thereafter) are payable at the principal corporate trust offices of The Fort Worth National wik hherein~s in the denomination of Fort $3 000 each and acre Texas. subject ter Series Bons malturity as coupon Teastem of the City of Denton, The Bonds are Texas, and do not constitute a general oblig tion of the City of Den Utility MATURITY SCHEDULE (TO COME) w Y O V O Y w u a The Bonds are offered solely to banks, Insurance companies and other financial institutions subject le & Brooks, Dallas, Texas. It the approving opinion passed on Messrs. the Underwriters by Hutchison Pr Dallas, Boyle legal matters will be pa ~ is expected that the Series 1962 Bonds In definitive form will be available for delivery in New York City on or about GOLDMAN, SACKS 8 CO. DILLON, READ dt CO., INC. KIDDER, PEABODY k CO., INC. Preliminary, subject to change. I } 1 This Offering Memorandum dues not constitute an affer to sell the Serles 1962 Bonds In any Jurlsdictiom to any person to wiorn It is unlawful to make such offer in such jurisdiction. No dealer, sales person, broker or other person has been authorized to give any information or to make any represent.tions with respect to the Series 1912 Bonds, other than those contained In the Offering Memorandum, and, If glvan or made, such other Information or representations must not be relied upon as having been authorized by the City or the Underwriters. Certain Information contained herein has been obtained from the City and other sources which are believed to be re!lable, but It Is not guaranteed as to accuracy or completeness. The Information and srpressions of opinion herein are subject to change without notice and neither the delivery of this Offering Memorandum rxX any 6A le made hereunder shah, under any circumstances, create an Implication that there has been no change In the affairs of the (.arties referred to above since the date hereof. TABLE OF CONTENTS INTRODUCTION REFUNDING PLAN THE SERIES 1912 BONDS General Terms Mandatory Redemption Optional Redemption Notice of F►demption Security Debt Service S:Aedule Sources and ApEtlcations of Funds ADMiNISTP 4 TION OF THE 4TILITY SYSTEM Generid Tht. C'ty Counc'f The Pu! llc Util ties Board Management of the Utility System Management Personnel THE ELECTRIC SYSTEM Genera( Service Area Customer Energy Sales Existing Power Supply and Interchange Agreements Fuel Supply Texas Municipal Power Agency Future Power Supply Resources Historical Demand and Energy Requirements Electric System - Capital Improvement Plan Projected Loads and Resources Sale.; of Excess Capacity Federal Regulation ,'Hr: WATER AND WASTEWATER SYSTEM General Water Supply Future Water Supply Water Treatment Plant .'eter Usage Wastewater Treatment Water end Wastewater - Capital Improvement Plan - ( - RATES General Electric Rates Water Rates Wastewater Rates Rate Regulation FINANCIAL OPERATIONS Pro Forma Combined Historical Operations Pro Forma Combined Projected Operations OTHER INFORMATION Tax Exemption Registration and Qualaicatior, of Bonds for Sale Legal Investments In'fexas Legal Opinions and No-Litigatlon Certificate Authenticity of Financial information Financial Advisor Certification of the Offering Memorandum APPENDIX A - Outstanding Bonds to be Defeased APPENDIX B - General information Regarding City APPENDIX C - Electric System Engineers' Letter APPENDIX D - Water and Wastewater Systems Engineers' Letter APPENDIX E - Draft of Bond Counsel Opinion r . •II- PRELIMINARY OFFERING MEMORANDUM Relating to $0010001000• CITY OF DENTON, TEXAS UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1982 INTRODUCTION This Offering Memorandum which includes the cover page and appendices hereto provides certain information regarding the City of Denton, Texas (the "City") and Its combined electric, water and sewer systems (the "Utility System") In connection with the City's Utility Systern Revenue Refunding Bonds, Series 1982 (the "Series 1982 Bonds"). The Series 1982 Bonds will constitute special obligations of the City, each payable as to both principal and Interest and equally seca;red by a first lien on and pledge of the revenues of the Utility System, after deduction of reasonable expenses of operation and maintenance, as provided by the General Laws of the State of Texas, particularly Articles I l l l et seq., V.A.T.C.S. The City has issued (i) under provisions of a Bond Ordinance dated July 12, 19(0, and ordinances supplemental thereto, ten issues of Its Water and Sewer System Revenue Bonds In the aggregate principal amount of $14,510,000, of which bonds in the aggregate principal amount of $9,953,000 are currently outstanding (ii) under provisions of a Bond Ordinance dated March 21, 1918, an aggregate prinupal amount of 191233,000 Electric System Revenue Refunding Bonds, and under a supplemental Ordinance dated January 26, 1982, an aggregate principal amount of $3,000,000 Electric System Revenue Bonds, both of which aggregate principal amounts are currently outstanding. The combinerl total principal amount currently outstanding (the "Ouutanding Bonds") Is $32,210,000. None of the Outstanding Bonds will Ix called prior to their maturity. REFUNDUIG PLAN The proceeds from the sale of the Series 1982 Bonds, net of financing expenses, underwriting discount and deposits to the Reserve Fund and the Contingency Fund established pursuant to the Ordinancef will be held by in an escrow account (the "Escrow Fund") and used to purchase a_ principal amount o irect obligations of the United States of America specially issued by tFe- Department of Treasury, Bureau of Public Debt In book entry form (tM: "Federal Securities"). The Federal Securities will mature at such times and yield Interest In sue}. amounts that, with other available funds, sufficient moneys will be available from the maturln6 principal and Interest thereof to pay, when due, the principal of and intcrest on the Outstanding Bonds. Such maturing principal of and Interest on the Federal Securities will not bo available to pay the 5_ries 1982 Bonds. The refunding will result in the combination of the Clty's separate Water and Sewer System and Electric System Into a single Utility System. The combination of the systems will give the City greater flexibility to finance needed projects In the future, as well as Improving cash flow between the systems. Additlotully, the refunding will permit removal of certain restrictive covenatts in ordinances authorlt:ng and smrIng underlying outstanding bonds. Under an escrow agreement to be dated the date of delivery of the Series 1982 Bonds (the "Escrow Agreement") between the City and the , such bank will hold and administer the escrow Fund and will apply the maturing pr nc p o en merest on the Federal Securities to payments of principal of and Interest on the Outstanding Bonds, Since all payments of principal and Interest on the Ouutandin6 Bonds will thereafter be provided for from moneys on deposit under the Escrow Agreement, the liens, pledges and covenants of the Outstanding bonds will, pursuant to applicable law, automatically terminate and be discharged and released. " Preliminary, subject to change. -I- THESE RIFS 1992 BONDS General Terms The Series 1982 Bonds will bear Interest at the rates and will mature on the dates and In the amounts as set forth on the cover page of this Offering Memorandum, subject to requirements for mandatory redemption. Interest on the Series 1982 Bonds will be payable on March 1, 198), and semi- annually thereafter on September 1 and March 1 of each year to maturity or prior redemption of the Series 1982 Bonds. Principal, Interest and redemption premium, it any, will be payable at , Fort Worth, Texas. The Series 1982 Bonds will be issued as coupon bonds in denom oat ons of eac . I Security The Series 1982 Bonds are special obligations of the City, secured under the Ordinance adopted by the City Council of the City (the "Bond Ordinance"), and are payable as to principal and Interest solely from and secured by a first lien on and pledge oi' Pledged Revenues (with the exception of those In excess of the amounts required to establish anE inalntal i certain funds created pursuant to the Bond Ordinance.) As defined In the Bond Ordinance, Pledged Revenues Include all Net Revenues and certain additional revenues and income, and Net Revenues l.iclude all revenues and income of every nature derived or received by the City from the operation and ownership of the Utility System, after deducting an amount equal to the current expenses of operation and maintenance, without regard to depreciation and amortization which by law are not operation and maintenance expenses, of the Utility System; provided that, payments required to be made by the City for water supply or water facilities, sewer services or sewer facilities and fuel supply, as well as for the purchase of electric power (see "Texas Municipal Power Agency" and the description of the obligation of the City under the Power Sales Contract), constitute operation and maintenance expenses. All Utility System revenues are required to be deposited in the System Fund for application first to the payment of all necessary and reasonable expenses of the operation and maintenance of the Utility System, and thereafter to the Interest and Sinking Fund, the Reserve Fund and the Improvement and Contingency Fund, in that order. As additional security, there will be established from the proceeds of the Series 1982 Bonds, and malntained In accordance with the Bond Ordinance, a Reserve Fund in an amount equal to the average annual principal and interest requirements on the Series 1982 Bonds and any additional parity bonds. The Series 1982 Bonds are not a charge upon anj other Income or revenues of the City and shall never constitute an Indebtednem or pledge of the general credit or taxing powers of the City. Surplus moneys not required for the above purposes may be used tot any other purpose permitted by law. The City has reserved the right to Issue Additional Bads secured on a pt,i.y with the Series 1982 Bonds subject to applicable covenants and limitations set forth In the Bond Ordinance. Interest and Sinkfnlt Fund Commencing October 25, 1982, and on or before the 25th day of each month i ere ter, t My shall deposit Into the Interest and Sinking Frrd an amount equal to one-sixth fromInterest propceedsnof date suchBpurrpose derivednext he (1/6th) of thereof, less teanycamwnts &!r adyoon come deposit hon the erein Series Series 1982 Bonds or from other lawfully available sources. In addition to tht deposits required above, commenting October 25, 19820 and on the 25th day of each month thereafter, the City shall deposit Into the Interest and Sinking Fund an amount equal to one-twelfth (1/12th) of the next maturing principal on the Series 1982 Bonds. Reserve Fund From the proceeds of the Series 1982 Bonds, the City shall expend such amourts as shai a regwre in order to purchase Investment securities having an aggregate value of not less than S which shall be not less than an amount equal to average annual debt service on the Series 1982 Bon-3s much Investment securities shall be deposited to the Reserve Fund. For to long as the Series 1982 Bonds are the only outstanding bonds, such amount shall constitute the required reserve. Upon the issuance of any Additional Bonds, the City covenants that It wUl maintain in the Reserve Fund an amount equal to the average annual principal and interest requirements on all Bonds from time to time outstanding (the "Required Reserve Amount"). After the issuance of the first Issue of Additional Bonds, for so long as the funds on deposit in the Reserve Fund are qual to the Required Reserve Amount, no additional deposits need to be made t nereln. Should the Reserve Fund at any time, however, contain Its$ than the Required Reserve Amount, then subject and subordinate to making the required deposits to the .2. i credit of the Interest and Sinking Fund, the City shall restore within 60 months In equal monthly payments such deficiency from the first available Pledged Revenues on deposit In the System Fund. The money on deposit In the Reserve Fund "I] be used solely for the purpose of paying the principal and Interest on the Bonds at any time there are not sufficient moneys on deposit In the Interest and Sinking Fund for such purpose. For the purpose of determining compliance with the above requirem►.,ts, Investment securities shall be valued from time to time at their cost or market value, whichev:r is lower, except that any direct obligations of the United States held for the benefit of the Reserve Fund In book-entry form shall be continuously valued at tM:lr par value or face principal amount. Rate Covenant In the Bond Ordinance the City has o)venanted that rates and charges for facilities and se"' c s provided by the Utility System will be astaHished and maintained to provide revenues sufficient at all times to produce Pledged Revenues In an amount at least one and one-fourth (1 1/4) times the average annual principal and Interest requlrement of the Outstanding Bonds. Mandatory Redemption Certain Series 1982 Bonds will be subject To redemption through application of mandatory amortization Installments prior to maturity in part by lot at 100% of the principal amount thereof plus accrued Interest to the date of redemption from amounts which are required to be deposited In the Sinking Fund. The Ordinance provides for deposits to the Sinking Fund In amounts sufficient to redeem Series 1982 Bonds on the dates and In the principal amounts shown on the following schedules Maturity Maturity September I Principal Amount September 1 Principal Amount Optional Redemption The Series 1982 Bonds are subject to redemption prior to maturity at the option of the City on and after September 1, 1992, In whole or In part at any time at the foilowing redemption prices, plus accrued interest to the date of redemption. Redemption Period Redemption (Dates inclusive Price If less than all of the Series 1982 Bond:" are to be to redeemed, the City may select the maturity or maturities to be redeemed. If less than all of the Series 1982 Bonds of any maturity are to be redeemed, the particular Series 1982 Bonds cr portico of Series 1582 Bonds of such maturity shall be selected at random by the City In such manner as the City in its discretion may deem fair and appropriate. Notice of Redemption If any Series 1982 Bonds shall be called for rederption, notice of such redemption, specifying the designation, date, maturity and, unless all of the Series 1982 Bonds then outstanding shall be called for redemption, the number of the Series 1982 Bonds it, )e redeemed, the date and place fixed for its redemption and the premium, if any, payable upon redemption, shall be given by publication of such notice once in a financial publication of general circulation in the City of New York, New York, and once In a newspaper of general circulation In the County of Denton, Texas, the date of publication of such notice In each case to be at least thirty (30) days prior to the date fixed for rederption, and shall be filed with the paying ,;gent for the Series 1982 Bonds. . 3. ~i91t~~►.rif~~ Debt Service Schedule (to come) -4- Sources grid AppUcatiorm of Funds (to come) •5- i ADMINISTRATION OF THE UTILITY SYSTEM General The City operates under a Home Rule Charter which was approved by the electorate February 24, 1°39. The Charter provides for the Council-Manager foron of government for the City. Policy-making and supervisory functions are the responsibility of and vest.ed In the Mayor and City Council. City CanCA The City Council consists of seven members elected :t large by a vote of a majority of the residents of the City for rotating two-year terms. Shown Wow Is a Ilsting of the current City Council membership. Elected Officials Term Cit Council EEx ires_ tc tewart April, 1984 Mayor Ray Stephers April, 1983 Mayor Pro-';em Joe G. Alford April, 1953 Councllmember Mark R. Chew April, 1993 Councilmember Jack Barton Apr U, 1954 CouncIlmember Jim Rlddlesperger April, 1%3 Counclimember Charles Hopkins April, 1954 Councilmember The Public Utilities Board By City Charter, there has been created a Public Utilities Board (the "Board") composed of five members, appointed by the City Manager and confirmed by the City Council with the City Manager and the Director of Public Utilities serving as ex-officio members of the Board wiinart voting Vivileges. The Board serves the Department of Utilities as a consulting, advisory and supervisory body. The duties of the Board are summarized as follows; 1. Review of the annual budget and the transmission thereof to the City Council. 2. Review of recommendedt a. expansion of, additions to, betterment of, or extensions to the Utility Systeml b. Incurring of debtl c, issuance of bonds, and d, fixing of rates and charges. 3. Submission annually to Planning and Zoning Commission a list of recommended capital improvements which, in the opinion of the Board, should be constructed during the forthcornirg five (S) year period. All actions of the Bard are subject to final approval of the City Council. -6. Current members of the Bond and their terms aret Ed Coomes 1979-83 Roland Laney (Chairman) 1982-83 Marvin Loveless 1981-83 Leonard S. Herrlu& 3r. 1980-84 Charles Cryan 1979-83 Management of the Utility System The V;Uity System is managed by a Director of Utilities who Is respxuiole to the City Manager. Included within the Utility System Is the Utility Administration which consists of various administrative staff and utility dispatchers, and the Budget and Rate Administration, whose responsibilities Include development and monitoring of utility budgets and annual rate studies. The Utility System Is organized Into two major services, the Electric Department and the Water/Wastewater Department, and consists of approximately 180 employees. Each of the two major departments Is under the direction of an Assistant Director of Utilities. The Electric Department Is composed of three divisions; 1. Electric Production. 2. Electric Distribution. 3. Metering/Substation. Each division Is headed by a Superintendent. There Is also an Electrical Engineering group. The Water/Wastewater Department Is composed of four divisions: 1. Water Production. 2. Water/Wastewater Field Services. 3. Wastewater Treatment. 4. Environmental Services. Each division is headed by a Superintendent or Environmental Services Director. It Is Intended that the organizational structure will remain intact after this financing. The Utility System utilizes the services of the City Finance Department for meter reading, data processing and billing, customer services, accounting, purchasing and warehousiq. T" Utility System utilizes the services of the Public Works Department for vehicle maintenance, design of minor water and sewer lines, easement and/or right-of-way acqulsitior, and lnspxtion of developer-Installed water and sewer lines. Management Personnel G. Chris Hartun City Manager since 1977, Mr. Hartung W a BA degree in Government from Southern et Est versity and has done graduate work In Public Administration st North Texas Stale University. Mr. Hartung ucgan his career in public administratlan In 1966, and has had experience as Director of Finance and Assistant City Manager prior to coming to Denton. Robert E. Nelson P.£.... Director of Utilities since 1977, Mr. Nelson holds a BS degree In Electrical ng neer ng from the University of Nebraska and an MBA from North Texas State University. Mr. Nelson has extensive experience in the engineering field in the area of planning, design and operation of municipal power plants, having begun his career In 1964. He has served as M"Ser and Chief Engineer for a firm specializing In the design and manufacturing of control systems for electrical power plants, substations and transmission systems. Mr. Nelson Is a past President and Board Member of the Texas Municipal Power Agency (the "Agency") and has also served In many other capacities for the Agency, including Interim General Manager and Chairman of the Agency's Planning and Operating Committee. William H. McNar Director of finance since 1978, Mr. McNary holds a BS degree In Industrial Eneineenng rorn the University of Texas at Arlington. Mr. McNary entered the financial field in 1971 as a management analyst for the City of Dallas and in 1973 became Operating Budget Supervisor prior to joining the City Administration. 7- THE ELECTRIC SYLTELI General The City of Denton has owned and operated its Electric System (the "Electric System") for approximately 76 years without Interruption. Durthis additions to Electricand dystei has expefacilities ien ed a steady growth in customers and output, requiring periodic plant Service ~.rea The Electric System provides electric service to 18,536 customers located In the City. The City his covenanted In the Ordinance that it will not operate, and will not grant any franchise or permit the acquisition, construction, or operation of, any electric energy distribution facilities which would be in competition with the Electric System, and, to the extent that it legally may, the City will prohibit any such competing facilities. Customers In 1981, the Electric System sold 499,096,000 kWh of electric energy. The following tabulation shows the average number of customers from 1978 through 1981 and the average charge per kilowatt hour. Year Ended Se tember 30 17 119 i9l Average Number of Customers: Residential 12193, 130870 15,703 16,223 Commercial/Industrial 21603 2,608 20420 2,186 Other 310 312 137 145 Total Customers l5, 44 jjM0 13'22 1~ll~,536 Average Charge Per kWh (t per kWhk Residential 4.52. 4.56. 4.541 4.800 All Other 3.81. 3.97 4.1% 5.39 The following tabulation provides Information for calendar year 1981 for the Electric System's ten largest customers In terms of both peak demand and annual revenues. These customers taken together represent 29,78% of the 1981 electric revenues from sales. Denton Electric S stem Ten Lar est tetat ustomers 1981 1981 Annual Peak kW Customer kWh Revenues Demand oft Texas State nrverut' y r - j2,46111033 ,400 3,U 7.,772 Texas Woman's University Paccar, Inc. - Dit-sel Trucks 11,278,800 39),242 4,480 Acme Erick Company 10,947,300 489,383 11911 Victor Equipment - Welding Equipment l0, 855,600 506,471 2,436 Golden Triangle Mail 9,731,200 474,751 2,600 Denton State School 9,323,500 4400111 2,443 Moore Business Forms, Inc. 411L2,730 221,733 11030 Morrison Milling Company 4,:83,900 191,331 777 Emconiie, Division of Amerace - Plastic 'Parts 3,412,000 166,936 941 Total 144,62438 $7 737,636 27,852 .g. Energy Sales The Electric System's sales of energy, in kWh, to principal customer classes for 1978 through 1981 were as follows: kWh Sold (000's Omitted) Year Ended 5e tembtr 30 1978 17 Residential S0T -,M 1321534 167,286 TYM6 Commercial/Industrial 2840290 276,199 301,982 308,348 Other 23,106 23,379 24,041 17,288 Total Sales 438,011 432,312 493,309 499.096 Existing Power Supply and Interchange Agreements Present production facilities of the Electric System consist of five generating units described as follows: Number of Name Plate Year Placed Type Units Capacity kW in Service Steam Turbw.e 3 Unit 1 12,630 1934 Unit 2 12,650 1934 Unit 3 32,000 1962 Unit 4 66,300 1967 Unit 3 63 481 1973 &I.1, I All five units utilize natural gas as their primary boiler fuel. In the opinion of Black do Veatch, Conrdting Engineers, the present electric facilities are well maintained and are adequate to provide service to the electric customers. The City also owns five diesel generator peaking units with an approximate net generating capability of 12,300 kW which it has declared surplus and which it is presently negotiating to sell. . The City Is a member of the Texas Municipal Power Pool ("TMPP which also Includes the cities of Bryan, Garland, Greenvilim, each of which has Its own production, transmission and distribution facilities. The City is also a member of the Electric Reliability Counsel of Texas ("ERCOT"), the regional Reliability Coordinating Organization for Electric Power Systems in Texas. 1he City has access to the ERCOT Intrastate network of six major Investor-owned and several p-hblic systems through the TMPP transmission system. The TMPP contract provides that each member city shall provide, through Its own facilities or through firm power contracts, a capability at least 13% greater than its projected system peak load for each future year. The cost of TMPP facilities necessary to provide adequate tics between the members are shared by all participariR. By "Pooling" the reserve capacity of their respective systems, the cities can operate safely with considerably less Installed reserve power supply, thereby effecting substantial Investment and operating economies. Other advantages Include an adequate and dependable source of power during periods of Individual emergency, maintenance of power during periods of scheduled unit maintenance and Interchange of economy energy between members. The TMPP members are engaged In an economic dispatch program wherein all generating units of the five members are operated such that the most efficient units are loaded first. Savings are distributed on a formula of splitting the savings between the actual cost of the suppliers and costs that would have been experienced by the less efficient generators. .9 . Shown below art 014,1010 Mntei 4hc Clty has access tot TMPP. TMPA and TM Intereoru•ectloM Ox oft ter a 601000 kva Braios 69KV Intof nge 10,000 Iva TMPAJ Pdd. Spencer Plant 138KV Interchange 100,000 kva 7MPA1 enton Test 343 KY Interchange (2) kva s kva (1) Texas Municipal Power Pool ("TMPP"). Texas Municipal Power Agency ("TMPA"). Texas Power & Light Company ("TP&L"). (2) To be completed In October, 1982. Fuel Supply in November of 1977, the City entered into a contract with Lone Star Gas Company (the "Seller") whereby the Seller agrees to supply natural gas to the City's electric generating stations through December 31, 1994. Take or pay provisions of the contract ail for payment by the City of 73% of estlmatgd fuel requirements annually through 1984 with maximum usage not to exceed 123% of such estimate. Fuel needs in excess of the estimated annual requirement may be purchased from any source, including the Seller, withqut restrictions or penalty. Base prices of the gas purchased by the City shall be on a calendar year basis as fonowsi 1982 - 0.3323' 1983 - 0.4173• 198'x,•-. 0.422.30 Per I,p00 ruble feet. These Dace ~lcet are subject to computation of a "Welgiited Average Price" whlck shall Include, among o her -t;,n s var sous ~>les, tbsq..pf fyel Chased by the Stllcrr cost o1 : capprcu and., tran,}porf~ f►~ ar~ td'utt~1'~egti Ibt tht ~t~ }+►~of p= ~cUvered gae, Sho4td was 0~' bhted,, l ltd 1,P~rr c'Q fed tRl ~1~e ~{Ftt, tl►ei► 4~C " elghtt~ Avtr~~e rta" sha1~ b14* 4'.!)"i *!60 fVr - e " th! Seller`tw the right Al gas ctirtlIIment ba3ed SoiS a priority system establisW by the Seller. Negotlat~4rts {Filyding {11 ~~a11or' of tihe,e4^tr4ci.~'~.143/_+4rS'-" !x~t`aa• : T . ; , „ 1 y. ~ ./{~ay li4. -51 ~ .:•r;f !i! i r r J ~ Tl~~~~~~•7s t I '!f N I 0 S~ ~r+' ' t I n+ r ' i :p'rk~7X'`( r i~~+Ks r,:Ktfplr+) (~gI"~i~QRSVrffP14 E t4l t or' t" ~t a P+~4T ex N1ler}~ H [ht ,l~~k.~laR A 3 i, 4 a .V r . ;.T~k ( ty jt Y m It. D o. ie ` •t ttit v rRdm batfi yy em powtred 'Co pla'ri, ilruna,'sc4wre; tr4C , opt`)ate rtlaintau faculties to be used In the buslneis of. ration trammmon and We to and e)CFiyngt o e`` Ip a rggyy wit) ~1+f Clt1}t pnq ~nY Prly4ta }rt t(4i; ~N i,li ff Jolllt• °'F1kfP with the A " of aqh rz ec nc?atidg ficIlltl+.1&t48 With(n tht 341 o! texts. E pp! t Cii e} 1(a entRrtd {rato on ,l tieal. Powptr S e+ C traFt;1" "Contract") Vlth Agency dt +tfs~t;Mty t0 4;f t!f - 1 x1,13 4 Qtq tdeA' f•rnfi4nf.!! ~,n~n(errt~pied' s I)1 of po a"~` ~~44 tht Ctt``Sa. ~~~ppjj`o, rE ft~ufO,.srlprefnyrlp~►J`1K, thi cities to etu(:161rdrrf tFtff'A e4btla6fe;'i11 bf1eCtt~Cf! In' iii df the amo nu enerattp b ,~h£ ~J leg' din{ IYFnN•~;The C tr l.fe94irts If~t. fPAr a~ -¢ilr.4i1~+ 1+ t, tF:il a~rif_l;i ~Yre<WJrttre?t1 k Fgvnob~ h4 ~ ~ ' ~~t '!'q'° +Jliat,sfi,and estLnatfg:l tht ' A(F s wtjl adopt ahst f iatE# a~n~ .:t e14F~ c.~'!t q lrld kryite to At P+k1 bl' tM Citk! "'X bNi!. lor,l~sytp yRtl ~l ,,~lte~44 t3a}4,, P:nl`40 l~J~Q1,A- um r! f:or .104 - atsi~alawt I Such projections have heretofore demonstrated that the purchase of the City's future, additional power supply from the Agency In accordance with the Contract, due principally to the Agency`s use of fixed-cost bolter fuel, the efficiencies of scale and the economies achieved by the operation of all present generating facilities of the Cities and the prcjects of the Agency on an economic dispatch basis, will provide an economically feasible alternative to the continuing escalation of costs presently experienced by the City. The City has no present reason to believe that Its future re-evaluations will product any projections materially adverse to its prior conclusions. (See "Factors Affecting Agency Projects, the City and Utility Industry Generally"). Factors Affecting Agency Pro'ects the Cit and Utillt lndustr General) The City has been advise W M e Agency that no litigation is na, pending or to is know ge threatened which ehallmgges its projects or the legality of its bonds or actions taken in connection therewith or challenging the legality of the Contract. However, the electric utility Industry in general has been experiencing varying problems, Including Increasing costs of fuel, wages, maierlals, equipment and licensing requirements, substantially increased capital outlays and longer construction perlods for the larger and more complex new generating units, uncertainties In predicting future load requirements, Increased financing requirements coupled with limited availability of capital, exposure to cancellation and penalty charges on new generating units under construction, fuel availability, compliance with rapidly changing environmental, safety and licensing requirements, litigation and proposed legislation designed to delay or prevent construction of generating and other facilities and to li nit the use of existing facilities and incertainties associated with the development of a national energy policy. Any of these factors may require modification of the City's present facilities or the Agency's projects, or both, and In some cases may cause delays in construction and Increases In construction and operating casts, or they may cause the revenue forecasts, demand forecasts and estimates of growth of the City and the remaining Cities to vary significantly from those contained in prior evaluations. Future Power Supply Resources In addition to the TMPA projects discussed above, the City has commissioned and received a feasibility study by Black & Veatch, Consulting Engineers, relative to proposed hydroelectric develop- ments to be located at nearby Lake Lewisville and the planned Ray Roberts Reservolr which Is scheduled for completion In 1986181, The study envisions three 1,000 kilowatt turbine generator units located at the downstream terminous of the outlet works of the dams and would operate cn flows normally released though the low-flow discharge pipes. The two units p:arwed for the Lewisville Project t would generate an average annual generation of 10,100,000 kilowatt hours. Anticipated cost of the Project wouid be approximately $3,045,000 and could be In operation by 1984. The Consulting Engineers estimate tho savings to the City's customers during the first 20 years of operation would be In excess of $43 million when compared with the projected cost of natural gas generated power. Constructlon and operation of the Lewisville Project would be subject to the 1 16rlsdiction of the Federal Energy n:os'atory Commission ("FERC") and could be licensed as a major water power project of 3 megawatts or less. Black & Veatch has completed the documents for the licensing application. The application is trader review by the City and is expected to be submitted In the Fall of 1992. Black @r Veatch estimates approximatAy 12 months will be needed to complete the , Uscensing process. 1 i I it . 12 - I Historical Swistical Data Year Ended September 30 77 9 E J9 1 EO 1911 Sales of kWh: e- nt a 133,931,296 130,614,994 1321533,865 167,293,852 173,46D,113 3' "623 Commercial/Ind'ustrlal 2i95 016 6 E3_3~ 2641'4bo'289;631 276.199.299 153 301 932 186 i3a33 , 01 Public Street and Highway 3,224,322 4,7719882 4,666,6110 4,7D2,073 41730,623 Other 16 733 502 fE 334 403 Ib 912 618 199 3393 12 335'3`7 Sub total 450, 7,91 4S ,010,920 432, 12, 9 493:)08:911 4 , Sales for Resale 801 7l9 16 489 123 .~23 397 27~ 33' 71 Total Sales 4431;711.9 44 843 Y601aIJ 3 325',961', , , Loss and Unaccounted 42 779 000 1 613 000 1 416 000 7 430 000 849 000 Total kWh to System 494 476,1 ,043 41s,$9R,~7d 3295189003 527,661:149 % Loss and Unaccounted .001% 3.46% 6.10% 3.22% 3.26% Avers a Customers: esi e11t:aT 12,443 12,931 13,870 15,703 16,223 Comm erclal/IndustrlaI 2.722 2 913 2,733 2 3ST 2 331 Total 15,167 15,444 16,603 l ,?02 10,336 Peak Day Power resent Plant Capaciityement 166,3100 186,580 136,530 0 1131 000 86,450 196,850 P Anal sis of Electric Billin : i All Customers: Average Month kWh/Customer 2,473 21409 21170 21231 21241 Bill per Customer 92.43 .3912 9D.6 9 0.0415 040 4 32 R 0.0518 Revenue per kWh 0.0373 0 Residential Customert i verage onfhk ustomer 397 971 796 s 8Eb S 891 14 32 2.77 Bill per Customer 0370Q24 0`04)4 O36 36 $ 040454 $ 040470 Revenue per kWh i Commerrlal Industrial: t ustome! 9344 31657 81993 10,472 ,S 110472 verage Oct Re 0327 ! BIJI per Customer , 0332 0 30392 $ 030400 0 40028 04 Revenue per kWh 0. I Cross Income": es t $ 31660,433 6,3376275 $ 60046,432 S 00399167E $ 1,327,068 Commerclal/Industrlal 10,'63,040 10,878,6)3 11j0600823 12,6293060 16,253,007 Other 790 !:7 841 3l' 133009951 02 937 1 273 763, l b 4 2 2'1 l~ 3d . z06 67 SUMT-11 40 " Does not include off-system sales, income derived from eaitritwtion-in-ald or sales of surplus material, etc. 13- Electric System - C.%A l'.nprovement Plan The Utility Department is required by charter to artnually prepare a Capital Improvement Plan (CIP) and submit it to the Planning and Zoning Commission for lncluslon In the City's overall Capital Improvement Plan. The CIA is required to be a five year projection of capital requirements with projecu listed in order of priority. The Utility Department Five Year Capital Improvement Plan is as follows: ELECTRIC From From Current Bond Sale Year Total Bonds Revenue Other Required 1983 2,846,000 11143,DD0 1,363,000 140,000 0 1984 3,324,000 3,613,000 1,377,000 134,000 20300,000 1983 3,398,000 1,773,000 1,683,000 1420000 1,300,000 1986 2,927,OD0 1,0490000 1,702,000 176,000 2,300,000 1987 3,811,000 12966,000 1,668,000 177,000 1,000,000 The major electric system capital Improvements are the Installation of a $4,000,000 hydroelectric generating unit on nearby Lewisville Lake In 1984183 and preliminary engineering for a hydroelectric generating unit on the new Ray Roberts Lake to be installed In 1987/88; the construction of two new substations In 1983 and 1983, and the en:argement of three existing substations In 1984, 1986, and 1987, and the addition to the City's Service Center. The remainder of the electric system CIP is for annual additions to the electrical distribution system sufficient to serve new customers and capital improvements to existing facilities. Projected Loads arx; Resources i The projected loads and resources of the Electric System for the period 1982 through 1987 are presented In the following chart as determined by the City: i (In Megawatts) i Peak Net Reserve i Year Loads Resources Mar in 969 Ifr 237 9 1984 134 271 (2) l 02 1983 139 288 (3) 7 1986 143 288 9 1987 131 288 91 (1) TMPA Gibbons Creek, Denton's 2C% allocation (78MW) (see "Texas Municipal Power Agertcy"). (2) Comanche Peak Unit 1, Denton's 20% allocation (14MW). (3) Comanche Peak Unit 2, Denton's 20% allocation (I4MW) and the Lewisville Project. j Sale of Excess Capacity { The City LL together with tour other members of the TMPP, has entered Into a contract with West Texas Utilities `"WTU") which provides for the sale to WTU of excess gas-fired generating capacity. The contract calls for safes of 130,000 kW In 1983 and 200,000 kW in 1986, at a price of $3.00 per kW per month. The contract requires WTU to pay a monMy capacity charge, and if energy Is taken, an additional charge for fuel cost, operating and maintenance charges, start-up cosu and line losses. Revenues from the contract are expected to be $3.23 million in 1983 and $7 million In 1986, and the revenue will be divided among the selling group In the proportion that each member's excess generating capacity bears to total generating excess capacity. The City expects that Its share will approximate IA of such revenues. A supplemental agreement among the selling group calls for the Brazos Electric Co-op to serve as agent for the group to administer, dispatch and account for revenues and for allocation of expenses of sales. The contract Is contingent upon the ability of WTU to obtain transmission wheeling agreements to allow capacity to react its grid. Other such wheeling agreements are presently In existence and the City expects WTU will be successful in the timely completion of such agreements. Federal Regulation tJnder current Federal Statutes and regulation, the Electric System is rat subject to Federal regalmion In the establishment of rates, the issuance of securities or the operation, maintenance or expansion of the electric System, The City submits various reports to the Federal Energy Regulatory Commission Q'FERC') and utilizes the FERC System of Accounts In maintaining its books of accounts and records. THE WATER AND WASTEWATER SYSTEM General The Water System provides retail water service to all .ustomers located within the city limits, as well as wholesale water service to the City of Corinth. The water distributlon system consists of 323 miles of water mains, 3 million gallons of ground storage, and 4.36 million gallons of elevated storage. In the opinion of Freese dr Nichols, Consulting Engineers, the Water System has been efficierlty operated and maintained. The City believes it is in compliance with all State and Federal water gislity requirements. Water Supply The present municipal supplies are obtained primarily from surface sources, but underground sources are available for emergency and back-up purposes. The City has previxsly acquired conservation storage rights in nearby Lewisville Reservoir which was constructed by the U. S. Corps of Engineers. THs Reservoir contains a total of 436,000 acre feet of conservation storage. The City holds the rights; to 21,000 arse feet of storage, witit the balance being held by the City of Dallas {"Dallas"). The Statu of Texas Water Rights Commission has awarded the City 4.3 million gallons per day In water rights from Lewisville Reservoir with the right to "perfect" an additional 3.3 million gallons per day. The City presently uses approximately 9 million gallons per day, as an annual average, and purchases from Dallas all amounts over 4.3 million gallons per day. The City is presently re-negotiating the water contract with Dallas and plans to finalize the contract prior to October 1, 1982. The water contract being negotiated with Dallas Is similar to the contracts for retall and/or wholesale water that Dallas supplies to eighteen (18) other North Texas !nunicipalitics. The City is presently purchasing water from Dallas at a rate of 17.10, f.er 1,000 gallons. Dellas has advised that the rate foe raw water will increase to 33.390, per 1,000 gallons effective October f, 1982. Water quality meets all Texas Department of Health and other State standards. Future Water Supply In 1980, the City and Dallas contracted with the Corps of Engineers for the construction and development of Ray Roberts Reservoir In Denton County, located lmmed1wly above the present Lewisville Reservoir on the Elm Fork of the Trinity River ten miles northeast of the City. In the contracts with the Corps of Engineers, the City will pay for 26% of 0,M. construction cost, and Dallas will pay for 74%. Water obtained from the reservoir will be pro-rat.d on the basis of each city's proportional share of total construction costs. The estimated completion date Is approximately 1988 with water being available from the Reservoir In approximately 1990. the estimated sett yield of the Ray Roberts Reservoir had been calculated at 73 million gallons per day, of which the City would be entitled to receive i up to 19 million gallons per day. This amount, plus a safe yield of 4.3 million gallons per day available from the preset water rights from the Lewisville Reservoir, will be sufficient to meet the City's estimated water needs through the year 2003. The City Is presently conducting a long-range water supply study to determine water requirements and alternatives after the year 1000. Water Treatment Plant The City Water Treatment Plant is designed to treat an average of 16 million gallons per day with a hydraulic design overload capability of 24 million gallons per day. The Texas State Health Department recognizes the maximum capability of the plant to be 16 million gallons per day. The historical peak day was 18.8 million gallons. The City has budgeted funds to make Improvements in the water filter media of the plant -«hlch will provide treatment capability of 24 MGD based on the Texas State Health Department regulations. Water Usage Average Maximum Average Maximum Year 711 D±Y~ j~[~ YT"7 7A 000 TH-l1 1973 6,66346,490073 12,173,000 1978 8,394,000 16,4(6,000 1974 6,822,000 12,620,070 1979 70920,820 1403600000 1975 712160282 130330,000 1980 9,477,386 18,867,200 1976 7,264,000 14,080,000 1981 7,117,832 13,40),000 Wastewater Treatment The City owns and ope Ate% an activated sludge type wastewater treatment facility. The first element of the plant, with a ce,pacity of 2 MGD, was placed In operation in 1964. A 4 MGD addition was completed and put into op-ration during 1971. A 6 MGD addition to the plant has been completed and was put into operation in Ala), 1982. The City is presently constructing an advanced secondary treatment effluent filters for the plant which will be completed In early 1983. The efflixnt filters are required to meet future water quality effluent criteria. The estimated cost of the filters Is approximately $950,000. in the opinion of Freese dt Nicly.)Is, Inc., Consulting Engineers, the wastewater system has been efficiently operated and maintained. Water and Wastewater - Capital Improvement Plan The Utility Department is required by charter to annually prepare a Capital Improvement Plan (CIP) and submit 11 to the Planning and Zoning Commission for Inclusion in the City's overall Capital Improvement Plan. The CIP is required to be a five year projection of capital requirements with projects listed In order of priority. The Utility Department Five Year Capital Improvement Plan Is as followst y WATERJWASTEWi.TER 1983 3,773,038 21510,261 30,000 209500113 21000,000 1984 11390,531 1, N6,061 50,000 194,470 110001000 ! 1983 2,338,012 2,2749471 50,000 213,341 200000000 1986 3,090,615 2,806,120 30,000 234,493 2,3001000 1987 3,120,436 20812,769 30,000 237,681 31000,000 The major water/wastewater system capital Improvements are the comFietlon of the Wastewater Treatment Plant addition; the Installation of approximately 21 miles of major sewer interceptor lines and pump station) Installation of elevated and bramd storage tanks, plus associated pump station and several ma1w water line additions. The remainder of the water/wastewater CIP is for annual additions to the system to serve new customers and capital improvements to existing facilities, The City Is in the process of installing additional filter capacity and does not anticipate any major WItions within the next two years. RATES t Gerrrsl It is the City's policy to review electric, water and wastewater rates on an annual basis to assure adequacy and equity. It Is also the City's policy that the Electric, Water and Wastewater Systems each be self-supporting, and that each customer class pay Its fully allocated cost of service. Independent consultants and City Staff generally perform this review on an alternating year basis. Rate recommen- dations are submitted by the staff to the Utility Board for review and approval; which then makes recommendation to the City Council for final approval. To date, the City Council has approved all rate t recommendatiecs of the Utility Board. Electric Rates Electric rates were last clanged effective April 6, 1981, at which time the rate structure was altered to more accurately reflect cost of service among customer class^s, bl.1 total revenues were not all ected. Current rate structure is shown below. (Effective April 6, 1991) Residential Facility Charge $4.50 Single Phase 9.00 Three Phase Months of June through September All kWh $0.9+:63 per kWh plus an energy cost adjustment Months of October through May All kWh $0.0433 per kWh plus an energy cost adjustment Note: When usages are less than 700 kWh during June through September, deduct $2.00 from the monthly facility charge each month until monthly usage exceeds 700 kWh. Erierity Cost Adjustment When fuel or purchased power costs are more than three cents (k) per kWh, an Energy Cost Adjustment (ECA) is charged. The ECA Is calculated by using the total cost per kWh of fuel and purchased power at the City's Power Plant divided by total sales subtracting three cents (kI which Is already Included In the base rate. Commercial and Industrial t (1) Net Monthly Rate: (Dem-nd Charge) Primary Service $1.tA ner month per kWh of billlnt demand Secondary Service 2.1C yen month per kWh of billing demand : (Energy Charge) Billing Months June - September Billing Months October - May Primary Service All kWh at S4.I0/kWh Primary Service All kWh &t$ 3.80/kV h Secondary Service All kWh at 4.1lIkWh Secondary Service All kWh at 11.83/kWh (2) Customer Facility Charges Primary Service: $46.00/month Secondary Service: Three Phase SS8.OO/month Single Phase $4.30/month I Energy cost adjustments are the same as those for resldential customers. Governmental Local government - (City, County, School District) (1) Net Monthly Raier (Energy Charge) Billing Months June - September _ Billing Months October - May All kWh at $4.13/kWh All kWh at $3.33/kWh (2) Customer Facility Charge. $7.23/month Energy cost adjustments are the same as those for residential customers. Water Rates Water rates have been increased by 3396 and 38% In 1981 and 1982, respectively, reflecting, among other things, Increased raw water costs, increased capital Improvements funded by current revenues and inflation. Cur ent rates are shown below. (Effective May 1, 1982) Residential Users Billing Months June -September Billing Months October -_May Facility Charge $3.23 plus Facility Charge $3.25 plus 0 - 20,000 gallons 1.10/M gallons Volume Charge I.10/M gallons Above 20,000 gallons 1.30/M gallons Minimum Charge - $3.00 Commerciallindustrial Users Customer Facility Charge $7.23 plus Volume Charge 1.03/M gallons Minimum Charge - $3.00 Wastewater Rates Wastewater rates were Increased by 10% and 18% In 1991 and 1932, respectively, reflecting, among other things, Increased debt service on the City's share of a major expansion on the treatment and collection system, Increased capital imprcvements funded by current revenues, and Inflation. Current rates are shown below. (Effective May 1, 1982) Residential - Commercial/Industrial _ (based on 9396 of second highest usage of (Based on 30% of water con,umptlon) December - February but not, to exceed 23,000 ga!;v s) Facility Charge $3.00 plus Facility Charge $6.30 plus Volume Charge 0.33/M gallons Volume Charge 0.93/M gallons Noter All service outside City Limits at 113% of above rates. FiNAV :IAL OPERATIONS Pro Forma CombLvd Historical Operations Shown below is a consoildt:ted presentation of historic financial operations for the fiscal years 1977 through 1991, which Is derlvef from the City's audited financiai statements, Additlonally, unaudited twelve-month statements for the periods ending May 31, 1981 and 1982 are shown. City of Denton, Texas Summary of Results of Operations Twelve Months Fiscal Years Ending September 11, Ending May 'L 1977 1978 1979 1980 911 1931 1 32 Gross Revenues: Electric $17,621,823 $18,610,721 $18,216,763 $21,630,985 $23,943,169 $23,93h,554 $23,773,880 Water and Wastewater 2,493,620 3,473,387 3,722,497 3,949,317 4,254,318 4,009,039 3,303,963 finerestIncome 302,507 390,393 916,692 1,332,491 1,396,228 1,300,165 1,366,388 33 610 19 763 133 907 48 277 93 403 217 111 : Other Income 92 111 1 Total 20 313 761 22 312 123 22 878 f3 M043,690 31 4) 992 29 36L10 33 661 344 Expenses: Fuelari Pur;'nased Power $10,38D,073 $11,179,333 $110089,349 $14,3820913 $18,0331846 $17,0149342 $210268,017 Other Electric Operating ;xpenses 1,836,273 2,018,614 23194,436 2,619,&37 3,290,646 2,9681303 3,4091000 Water and Wastewater Operating Expenses 115313381 1,726,243 119040942 2,531,341 2,662,726 206790684 21790,733 AJminlstrative Services 609 291 647 803 6E8 014 368 739 110771194 939 227 1,292,137, Total 14 )71 220 l5 871 9SS 1S 866 941 20 402 830 23 0 4,412 23 331 838 2b 739 937 Net Revenue Available for Debt Service and Other Lawful Purposfs $ 6,133,541 $ 61940,124 $ 1x008,774 $ 6,648,810 $ 61759,380 $ 51810,603 $ 61901,607 Debt Services (2,341,216) 12,196,319) (2,481,321) (2,913,143) (2,912,799) (2,864,136) (2,929,393) Deprecla0:a (1,396,904) l 651 447) (1,694J06) (1,729,320) (1,807,519) _(1,119,256) (1,8)3.383) % Balance Available for Other Obligatiua and System Expaaslon L1100 421 2L338 2,833,347 2,001,343 2 9j262 - 1 7,211 ;,131,429 Debt Service Coverage 2.42X 3.16X 2.92X 2.28X LIM 2.03X 2.36) Notes; Fiscal Year 1978 - Excludes Extraordinary income - gain on advance refunding in the amount of $390,263. Excludes Water and Sewer Fund transfers to Bond Reserve Fund to the amount of $52,494 in 1979, $113,778 In 1980; and $1100067 in 1931. Excludes Operating Transfers to General Project Fund for Software Applications In Fiscal Year 1981 In the amount of $152,170. $173,000 Is scheduled In Fiscal Year 1582. Excludes discretionary transfers of excess revenue to General Fund as followsn 1977 $ 853,168 1978 1,192,823 1979 1,323,974 1980 1,612,800 1981 1,776,383 1982 1,923,000 (Est.) Pro Forma Conbined Projected Operations Shown below are projected certain of wh ~ opare also erations described or the Dolour System. These projections are based upon many assumetl ~uletion ~ orecasts Recent population forecasts completed by the City's Planning Department projects Demon's population to grow at an annual 2% rate and to be as follows= 1983 1984 1983 1996 1987 32,400 33,400 34,500 33,606 36,700 Per CL, ita Electric and Water Consum tlon The following shows the City's projections of electric energy a water use on a per capita asis, 1983 1994 1985 1996 1987 Energy Consumption per Capita (kWh/personlyear) 10,400 10,620 10,820 11,060 11,270 Water Consumption per Capita (gallons/day/person) 164 169 174 190 187 Electric System Load Forecast 1993 1984 085 1986 1987 Electric Energy (gWh) 343 367 390 613 639 Peak Load (MW) 129 134 139 143 151 The City has lowtred its estimate of annual load growth twice In the last two years. Gilbert Associates, Consulting Engineers, In their 1980 load forecast, estimated growth at a average annual rate of 6.3%. In December, 1991, the ^ity reduced the estimate to 3% as reflected in the February, 1982 TMPA Official Statement, in May, 1982, the City lower •d Its load growth forecast to its csarent 4% estimate. In Its review, it considered, among other things, lower load projections of several neighboring utilities, continued high Interest rates which restrict the hous.ng, commercial and industrial construction Industries, cost elasticity of electric energy, and the City's own consumer energy conservation and energy management planning activities. Water Constxn tion Forecast Water eonsumptlon projections are based on a recently completed study by reese Nacho s, onsult ng Engineers, and are as follows: 1983 1994 1983 1986 1987 Annual Consumption Billions of Gallons 3.14 3.29 3.47 3.63 3.87 Average MGD 8.6 9.0 913 10.0 10.6 o Electric System projected expenses are based on 1993 budgeted expenses Exx nse Assum b ns assuming that &YTMTX energy Is priced at the "avoided" cost of producing the same energy from natur2 gas. For 1984 through 1987, the Electric System projected Fuel and Purchased Power expenses are based on the TMPA February, 1982 Official Statement, adjusted for reduced electric energy consumption and load growth, as previously discussed. The Electric System's Operations, Maintenance, Administrative and General Expers.es for 1984 through 1987 are Dared on projections developed fo, t'te February, 1982 TMPA Bond Sale and reflect an anticipated 10-11% annual budgetary Increase In ttoe first two years of the projection and a 9% annual increase In the latter two years. WaterlWastewater Operations, Maintenance, Administrative and General expenses are anticipated to increase at an annual rate of 12%. Increased annual costs of electric power were obtained from the Electric System's projected annual increases. Purchased Water wat estimated to increase at an annual rate of 10% after doubling between 1982 to 1983 due to Dallas' increw~e in rates for raw water caused by a substantial increase In reservoir capital Investments after purchasing Lake Fork Reservoir In 1981. c ~ ELECTRIC, WATER AND WASTEWATER SYSTEMS COMBINED REVENUE AND EXPENSE PROJECTIONS wouars n wusanJ}-- Fiscal Years Erdin September 30 1993 1984 15 '[cgs``- 87 Revenues: Electric $43,3:4 $33,617 $73,016 $74,653 $82,841 Water and Wastewater 6,480 7,281 8,189 81730 9,636 Other 1,000 1,000 1,000 1,000 1,000 Total Revenues $50,994 61 918 $82,20 5 $84,39 ) $93,477 Expenses: Electric TMPAFixe1 $ 300 $13,843 $27,121 $251302 $27,731 'rMPAVariable 5,320 5,131 7,792 90799 10,862 Fuel and Purchased Power 27,359 23,076 23,739 26,425 30,441 Other 5,48) 6,436 7,116 7 763 81478 Total Electric 38,666 48,492 67,768 6t,4l9 770312 Water and Wastewater 4,876 5,602 6,579 7,192 8,035 Total Expenses $43,542 $34,00,4 $74,347 $76,681 $85,547 Net Revenue Available for Debt Service 7,432 s 7,824 < 7,858 s 7,702 s 7,930 Debt Service 3,805 S 3,868 3,512 $ 3,132 $ 3,112 Other Expenditures: 1 Capital Improvements 1,613 10627 1,783 1,732 11718 General Fund Transfers 2,034 21329 2,563 2,818 3,100 Debt Service Coverage 1.96X 2.02X 2.24X 2.46X 2.53X i Energy Sales Electrical (gWh) 343 567 390 613 639 S Electrical Revenue per kWh (mills/kWh) 80(1) 95(1) 124 (11(2) 12101(2) 130{ 11 } (1) The projections above do not reflect any sales of TMPA energy or capacity to parties other than the TMPA i : members. The variable costs for the Gibbors Creek and Comanche Peak plants are expected to be signlficamly less than the cost of even the most efficient natural 6as-flred generating facIfi les. The chef reason that the TMPA members have developed these resources is to displace their natural gas fueled capacity. Therefore, both i projects wDi be used as base load units and the TMPA members w111 use their lull capacity from start-up. Althoagh there will be no excess capacity tot sale, on an hour-by-hour basis there is expected to be surplus energy ^ a1yallable from the units. Since the variable energy cost of Gibbom Creek and Comanche Peak are expected to be+~: mills per kWh and mills per kWh, respectively, In 19Vas opposed to U_ mills for natural gas, the plants are expected to be oiler led at the maximum plant cap-icily actor possible. eause of the regions utility deper.dence on natural gas, and the expected cost advantage of TMPA projects as compared to natural gar the City L-lieves it will be able to sell all such surplus energy. A forecast of such energy sales was prepared used on several assumptions includinai U) sales projected by a TMPA computer analysis, (il) the price of surplus energy on a split-savings basis, and (iii) live natural gas and variable TMPA cost assumptions Included in the table above. On a rte b#%; is, profits to the City from such enemy sales would reduce the electric revenue requirements on average by b~L mills per kWh for the years 1983 to 19870 respectively. 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