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HomeMy WebLinkAbout12-1983 LGNE STAR GAS COXPIANY - TRANSX15SIC2I JIVISIGN STBiEYz::IT OF OP.S COST ADJUSTYENT AND CI17 CA-IF RATE FOR THE YCTNTH OF DFU ;BER, 1983 FREFA;;EU ~I: ACCC:D,.::CE :KITH THE CFLER OF TFE TEXAS RAILROAD C0?:`1ISS1ON UI:DER DCCI.ET ::0. GUD-3543 The attached documents consisting of an b:GCA Statement and Schedules A through F showing the gas cost adjustment, the out-of-period purchase account, the revonue from extracted pro<'_•_cts account, the correcting account, and the city gate rate to be charged to " Distribution Division for vas delivered to residential and cor. vial customers and for company-used and unaccounted-for gas were prepared by me or under my direct supervision. I hereby certify that t5e information con- tained herein is true and correct to the rest of my knowledge and belief and that it wa, prepared in accordance with the attachment to the order of the Texas Nailroead Conmission in docket GUD-3543 dated November 22, 1992. :tike Florence Director of Rate Administration and research Lune Star Gas Co.pany Fil.d. November 18, 1933 E3: A Sta _er.ent LCNE STAR GAS CCMPANY - TRANSMSSION DIVISION STATE6'.ENT OF GAS COST AD.IUST-LEST AND CITY GATE RATE* EFFECTIVE DECE?:BER, 1983 IN ACCCOnANCE WITH CEDER OF TEXAS FAILFOAD CC?':-:ISSION UNDER DCC ET +0. GCD-35 3 Line Mcf Account JOlt./Mcf 1 Estimated 3as Purchases 41 604 000 $155 009 OCO S 3.7258 2 Plus Estimated Withdrawal From Storage 1 904 000 6 175 000 3.2432 3 Less Estimated Injection Into Storage 736 000 2 800 COO 3.8043 4 Estimated Net Gas Received Into System 42 772 000 5158 384 000 3.7030 5 Ratio Volume Sold To Volume ?eceived c .9754 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) 3.7964 7 Plus Gas Cost Correction Factor (AGCCF) Based On October, 1983 .0077 8 Less Base Cost Of Gas Included In Base Pate 3.5195 9 less Extracted PrMuu:s Revenue Adju=en (h:r'P!) Lased Gn Gctaner, 1963 .%44 10 Plus Base Extracted Products Revenue Per Mcf .0890 3.1 Plus Out-of-Pericd Adjustment Per Mcf (MOPA) Based On October, 1983 .0143 12 Subtotal .2935 13 State Utility Tax Recovery Factor X 1.0025 14 Gas Cost Adjustment (MGCA) .2942 15 Plus Base City Gate Pate 4.0200 16 Regular City Gate Rate 4.3142 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge .0000 18 City Gate Rate $ 4.3142 r *Intracompany charge to the Company's distribution divisions for sale to residential and commercial customers and for distribution ccmcany-used and unaccounted-for gas. dchedul,. A LC':E STAR GAS C :.PAI:Y - TRANSMISSION DIVISION GAS COST CORFEC:ION ACCCUNT (GCCA) FOR THE .:CNTH OF CCTCSEF., 1983 AIM GAS COST CCFFECTION FACTOR (PXGCCF) FOR THE MJ,iTH OF DECE:-.BFR, 1933 Line GCC:, For Cctober, 1963 1 Balance In Account At Beginning Of Month (GCCA2p) $ 323 837 lA To Correct F:ccount Balance Due To Corrected City Gate Deliveries For December,1982, February, April, June, and August, 1983 (70 833) 2 Weighted Average Cost Of Gas During F:onth (WACOGp) $ 3.6431 3 Less Estinated Average Cost Of Gas During Month (EACCG ) 3.5153 4 Excess Of Actual Over Estimate P $ .0278 5 City Gate Sales Mcf During Month (RCSV ) 6 144 132 6 Charge/Addition To Account (TGCC P )p 170 607 7 Citv Gate Sales bicf During Month (P.CSVp) 6 144 132 8 Gas Cost Correction Factor Charged During :oath (NGCCF ) S .0443 9 Credit/.Reduction To Account p 272 185 10 interest On TGCC (TGCC. = Line 6 x .01167)* -0- n 1 11 Balance In Account At Er.d Of Month (GCCA ) $ 151 626 c MGCCF For December, 1983 12 Estimated City Gate Sales Mcf (RCSVf)*** 19 621 1,59 13 Gas Cost Correction Factor (1000Ff = Line 11 e Line 12) $ .0077** * Applies only when [Line 3 - Line 2) o Line 21 is equal to or greater than 0.05. Enter on Line 7 of MGCA Statement. Adjusted City Gate Sales During December, 1982 To Normalize c•'eather. a. rase Load Per Customer Per Month From Docket GUD-3.43, Mcf 4.365 b. Nurber Of Residential And Cor=,ercial Customers Billed X 1 154 818 C. Base Load Sales, Mcf 5 040 761 d. Total City Gate Sales, Mcf 20 034 999 e. Heating Load Sales, hcf (d-c) 14 994 218 f. Ratio Normal HDD (423) To A.ctc31 HDD (435) At D/Fh Airport X .9724 9. Normalized Heating Load Sales, ,'•:cf 14 580 378 h. Base Load Sales, :.cf 5 040 781 i. Normalized City Gate Sales, Mcf 19 621 159 Schedule B LCNE STAR GAS CO:-:PP-NY - TRARSMISSICN DIVISION WEIGHTED AVERAGE COST CF GAS (?IACCG) FOR TFE MON-AH OF OCTOBER, 1933 Line Mcf Amt. /','-,of Amount All Sources 1 Gas Purchased Per F.ooks (Before EEI Fuel And Shrinkage Exclusion) 28 368 638 $3.5155 $ 99 728 698* 2 Leas Purchases For Off-System Sales 2 572 2.6462 6 806 3 Less Purchases For Sec 311(h) Sales - - - 4 Subtotal 2E 366 066 $3.5155 $ 99 721 692 5 Less Purchases For EEI Fuel And Shrinkage 790 999 3.5155 2 760 757 6 Less Out-of-Period Adjustment r%mount - - (1 114 115) 7 Total Gas Purchased (TGP , ACGP , TCOG ) 27 575 067 53.5668 $ 98 355 250 a a a Non-Affiliated Suppliers 8 Gas Purchased For Books (Before EEI Fuel And Shrinkage Exclusion) 27 020 397 $3.5314 $ 95 419 648 9 Less 'Purchases For Off-Sys-t<-r.. Sales 2 572 2.6462 6 000 10 Less Purchases For Sec. 311(b) Sales - - - 11 Subtotal 27 017 825 $3.5315 $ 95 412 842 12 Less Purchases For EEI Fuel and Shrinkage 790 999 3.5155 2 780 757 13 Less Out-of-Period Adiustrent Amount - _ - (1 631 238) 14 Total Gas Purchased (TGP , ACGP , TCC.. ) 26 226 826 $3.5942 $ 94 263 323 n n n - 15 Line 7 Mcf and Lesser Amt./Hcf on Line 7 Or 14 27 575 067 $3.5668 $ 98 355 250 16 Plus Withdrawals From Storage (TGWS, ACSZ•7) 1 197 207 3.1948 3 824 837 17 Less Injections Into Sto7age (ACSI, TGIS) 3 258 715 3.5346 11 518 254 18 Net Gas Received Int( System 25 513 5;9 $3.5535 $ 90 661 833 19 Ratio Volume Sold To Volume Received .9754 20 Weighted Average Cost Of Gas Sold (WACOG) $3.6431** i * Includes NGPA accruals of $604,696 and NGPA reversals of $46,494. Enter on Line 2 of Schedule A. schedule C LOSE STAR GAS CO:!PA.I71' - TRASSMISS:0N' DIVISION EXTP-'.CTED PRCD'CCTS RE':E.NVE ACCM:T (EPRA) FOR THE XGNTH OF OCTCF£R, 1933 AND EXTF."%C ED PRODUCTS REWNXE AL'.;UST:-!EFT (MEPRA) FOR THE I:GNTH OF DECEI:BER, 1983 Line EPPI'~ For October, 1983 I Balance In Account At beginning Of Mcnth (F.PRAI ) $ 1 698 254 la To Correct Account Balance Due To Corrected City Gate Deliveries For December, 1982, February, April, Juns, And Auqust, 1983 139 574 2 Contrast Revenue From Ens. Expl. In Acct. 491 (LSCR) 5 1 594 674 3 E:,serch Exploration CFeracinq Income (EEIOI) S3 801 995 4 Portion assigned To LSG Co. For This Purpose X .4073 5 Ar..oun_ Of EEIOI Assigned For This Purpose 1 548 553 6 Plus PF.-ainder Of Revenue In Acct. 491 (TOR) 360 918 7 Plus Incidental Oil 5 Gasoline Revenue In Acct. 492 (TOR) 233 140 8 Less Windfall Profits Taxes Related To Acct. 492 Revenue (WPT) 10 647 9 Total Extracted Product Revenue For This Purpose $ 3 726 638 10 Monthly Allocation Factor From Schedule F (XAF) X .3313 11 Credit/Addition To Account (TEPRC)* 1 234 635 12 City Gate Sales Y.cf During 7Tonth RCS V) 6 144 132 13 Extracted Products Revenue Credited During Month U•1EPRA) X$ .2324 14 Charge/Reduction To Account 1 427 896 15 Interest [EPF.Ai (Line 1 + Line 1a - Line 14) x. .01167] 7 118 16 Balance In Account At End Of tlonth (EPR.A } $ 1 851 685 c - MEPFA For December, 1983 17 Estimated City Gate Sales b:cf From Schedule A (RCSV ) 19 621 159 18 Extracted Products Revenue Adjustment 0:F.PRA = Line f16 T Line 17) $ .0944** • If less than zero, the credit/addition to the account shall be zero. Enter on Line 9 of MGCA Statement. Schedule D LONE STAR GAS CC?:PA.tiY - TFA`:SMISEIC:i DICISIGN OUT-CF-PEF,ICD GAS PURCVASED E% M*SE ACCCU::T (CPGPEA) FCR THE MONTH OF OCTOBER., 1983 AND CUT-OF-PERIOD ADJUST?:ENT (MOPA) FOR ^.EE MCNTH OF DECE?:BER, 1963 Line OFGPEA FOR CCTOBER, 1983 1 Balance in Account At Beginning Of North (OPGPEA2p) $ 976 354 lA To Correct Account Balance Due To Corrected City Cate Deliveries For December, 1922, February, April, June, and August 1<183 191 598 2 Out-of-Period Adjustment Expense During Month (OPGPE) S (1 414 115)' 3 Less 0% Of Amount Relatcd To Deliveries After 11-30-82 -0- 4 Less 53 Of Amount Related To Deliveries 2-3-80 To 11-30-62 (52 393) 5 Less 15% Of Amount Related To Deliveries 7-1-75 To 2-2-80 3 099 6 Less 35% Of Amount Related To Deliveries 3-1-72 To E-30-75 -0- 7 Reduced OPGPE For This Purpose $ (1 364 631) 8 Monthly allocation iaczor From Schecale F (?:AF) X .3313 q Net Charge/Addition To Aceou;it (452 169) 10 City Gate Sales Mcf During Month (RCSV) 6 144 132 11 Out-of-Period Adjr.stment Charged During Month WCPA) X$ .0723 12 Credit/Reduction To Account 444 221 13 Interest (OPGPEA. = (Line 1 + Line lA - Line 12) x .01167) 8 446 1 14 Balance In Account At End Of Month (OPGPFAo) $ 280 008 h:OPA FOR DECEMSER, 1983 15 Estimated City Gate Sales Ycf From Schedule A (P,CSVf) 19 621 159 16 Out-of-Period Adjustment (.'-:CPA = Lire 15 - Line 16) $ .0143•• ' Includes $(46,128) in out-of-perioO gas purchased expense classified as roll-over. " Enter on Line 11 of MGCA Statement if less than $.0600. If pore than $.0600 enter $.0600 plus 1/6 of amount in excess of $.0600. . Sct.ed.:le E Pag ? I of 2 LONE STAR GAS CC}:PAtiy - TPA\SXISSIOY DIQ:SION GUT-CF-PERICD ADJt•STi'.ENTS - ALL SOURCES FOR Ti3E ':G:iTii OF CCTCB£R, 1983 Adjustment lnount Frem 3-1-72 From 7-1-75 From 2-3-80 After 7o 6-30-75 To 2-2-FO To 11-30-82 11-30-82 Supplier Oat-of--Period Price Adjustments I Hinton Production Co. $ - $ - $ - S - $ 14 437 Gulf Oil Corp. - - - 8 689 6 014 Tejas Gas Corp. - - - - (96 715) Tipperary Corp. - - - - 7 633 Amoco Production Co. - - - - 12 887 Springfield Oil Services - - - - 7 951 Carians Other rd jusea s - - - 2 242 16 4 E6 Total $ - S - S - S 11 131 $ (31 307) Out-of-Period Price Corrections A-ioco Production Co. $ - $ - $ - S - S 140 063 Amoco Production Co. - - - - 54 649 BTA Oil Pr.xlucers - - - 199 093 Carter Ene gy Corp. - - - 61 245 Dallas Royalty, Inc. - - - (67 086) Esperanza Pipeline Corp. - - (67 958) Spir.dletop Oil 6 Gas Inc. - - - (77 751) Ferguson Crossing Pipeline - - - (315 475) (4I7 674) Highland Resources Inc. - - - 70 875 - Shell Oil Co. - - - (228 115) Jumas Oil Corp. - - - 33 257 65 123 Tenneco Oil Co. - - - - (100 146) Karr,.z Petroleum Corp. - - - 25 401 224 215 Highland Resources, Inc. - - - - 106 190 Delhi Gas Pipeline Corp. - - - - (64 778) Cities Service Oil Co. - - - - 50 497 Ridge Oil Co. - - - - (120 537) MCZ, Inc. - - - (496 709) Cashco Oil Co. - - - - 108 690 Getty Oil Co. - - - - (113 463) Rainbow Pipe Line Co. - - - - (217 459) TXO Production Corp. - - - - 106 954 Teco Pipeline Co. - - - - (209 447) Dow Pipeline Co. - - - - 282 073 Clajon Production Corp. - - - - 65 832 Apache Pipeline Co. - - - - (63 491) Schedule E Page 2 of 2 ( LONE STAR GfIS CCXP:,XY - TRANSXISSICY DIVISICN GUT-OF-PERICD ADJU5T'IE-YTS - ALL SOUPCES FOR THE MONTH OF OCTOBER, 1983 A.diustc.ent Ai-,,:),j,-it Ficm 3-1-72 Frcn '-1-75 Frcm --3-60 After To 6-3C-75 To 2-2-50 To 11-30-52 11-30-82 Out-of-Period Price Corrections (Cont'd) Ladd Petroleum Corp. $ - 5 - $ - $ (F0 871) Tramlierra Expl. Corp. - - - (59 452) Getty Oil Co. - - - 87 454 CRA, lnc. - - - 77 521 Valero Trans. Co. - - - 714 327 Enserch Exploration, Inc. - - - ld5 141 Various Other Corrections - 20 662 (65 320) 101 642 Getty Oil Co. - - (c v7 530) (501 379) Total $ - $ 20 662 $(1 058 800) $(355 801) Total Adjustments & Corrections $ - $ 20 E62 $(1 047 669) $ (387 108) Recovery Disallowance x .35 x .15 x .05 x .00 Recovery Amount Disailo.ed` $ - $ 3 099 $ (52 383) $ -0- "Enter on Lines 3, 4, 5, and 6 of Schedule D. 1 ter, rJ_ ^ {ri I rJ . . . . - ~ 1 I K L n C• r• n rJ n r a 74 VI n.. a U c L ~ v. r ri y G n v v n^ O ✓l y in C V •'1 V v v a H U rJ ri uW m-- Crl .'1P. .1 z S C c n ~ n .v p ~ rti H C V T 'r rv ti N n I fa n OJ S n n ~ .-1 N O N N V J J V r' V y V V _ L. W n a ti ` 7 ..I ~a C N J d. ^ ~.D .J i,' ~ T P^~ V n N C C J C C JD Y .r z G z v OJ1at'1 rKJ~ •+v v..•aCnn v c 1: .r ri r n vn N m i z z ~~cNn. y v~ :n - n n n ynrl rJNN nn~J N I w H 'n G H •J^ l' m .r C 1 P 1 n ra r- n . p y . J 'l. C V p m n l n✓ y P 'S N C, C Y,p N O O P C~ J Y. 4 P 5 C O C pp G L .i •1 H ti ti V r '1. ~ Y G I-. £ Yn N u V O Y. ~ O S r'1 ul O C•l O rl V S. C N ::i 2 k :~J O-• -0 V 2 C •-1 ,J ri r-1 N fi •i N .-1 - - fl r N fJ ly ~ u O ;n I V >n n w W C c u ~ U 'D I I 1 1 1 1 1 1 1 1 1 1 1 1 1 V n A O OO O o 0 0 0 p 0 0 0 0 y 'd V 1 1 1 1 1 1 1 1 1 1 1 1 1 1 P V y G L n C 0 C 9 y w .J J1 P N r'1 ..n J ri Jl rv N '.fi` ✓1 yl C •'a J J N N y .'1 rl O O T. .n M1 C n n n - 9 C• S n P ✓1 r1 ^ Jl V p e m J .-I P..'1-1J C N n 0 1 I-• A J Y1 O rJ G•. h ^l V T n O P T? N 'i •O ~ '.'1 . fl r1 I'1 rl 1 I.1 fl N r1 = YI r ^ N - u w C •I h J P .i .q L y 'y J L L T y C y i. y J y L • T 'J L 1. • T .j I ON,r3s5 TAM THE STATE OF TEXAS, bl\OR' ALL 1?Ei1' BY THESE PRESENTS: cau~~~-~• of DE~:TO~: R~~1,~ PROPERTY RECORDS 534G0 ThFt Tile Citv cf Denton, Texas, a Municipal Corporation III of the County of Denton and State of Texas , !or and in consideration of the sum of ---------------------------TEN h N01100 M o. o0) DOLLAns , and other good and valual)le consideration to it in hand paid by Michael Lewis and wi-fe, Leslee Lewis of the County of Denton and State of Texas , the receipt of which j i is hereby acknowledged, do, by these presents, BARGAD2 , SELL, RELEASE, AND FOREVER QUIT CLAIh! unto the said Michael Lewis and wife, Leslee Lewis, their heirs and assigns, all its right title and intere:,t in and to that ter, ain tract or ^ar- r ~ j cel of land lying in the County of Dentc.n and 'State of Texas, described as follows, i to-wit: All that certain 121.95 square feet tract of land situated in the ll~ j A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, TE•XSS, and being part of Lot 9 Block A of the Willowwood Addition to the City jl'G! of E,enton; Texas and being more particularly described as follows: BEGINNING at a point East 11.5-feet and South 0005" West 6.9 feet from j the Northerly North 'n'est corner of Lot 9, Block A, Willowwood Addition; j! THENCE South 0005" West a distance of 27.1 feet; THENCE East a distance of 4.5 feet; THENCE North 0005" East a distance of 27.1 fret; rl,l THENCE West a distance of 4..5 feet to the point of beginning. l f 1 11 . TO HAVE AND TO HOLD the said premises, p { together with alt and singular the rights, rivi- :i leges and appurtenances thereto in any manner belonging unto the said Michael Lewis and wife, Leslee Lc,wis, their heirs and assigns, forever, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors rMX irairsy nor any person or persons claiming under shall, at any time hereafte:, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. "rITNTE9S-.,our hand at Denton, Texas tHs 15th day of 'Nove~T.i✓er A, D. 19 53 Witnesses at Request of Grantor CI i~" OF DErTO?7, TEXA, R :HARD 0. ~.n 'r~.~• , AiAYOx- - W...-_...__ - - - i C;7aRLOTTE rLLE\, C?T1 S iCi•,t;i.Z:~ sJ11111111K -~J.V,Ln AI THE STA--'z., OF TI XAS, .,.-.%r p°...~.ti ra-•'= ..Sa:nb~A the e•,, 5 nz inst:and ac'a;ov°;- l,od to ire that ,x..., C.. ra': n therein e.xpr:ss,,]. HAND AV) 1 F: a.L OF OFF,'F- Ti•,:s !ay If A. D. 19 n:, PuhPc, Countl, Texas My Cornmies:on Expltes June 1, 19 SINGLE ACKNOR'LEDGSlENT THE STATE OF TEXAS, ~ COUNTY OF I BEFORE 3Ir, the under;i4red authority, in and tar said Cmjnty, Texas, -.,n tha day personaiiy appeared kn.oxn :o me to be the person -kh~se name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes ❑nd consideration therein expressed. GIVEN UNDER 3IY HAND AND SEAL OF OFFICE, This day of A.D. 19 (L S.) Notary Public, _ County, Texas Sty Commission Expires June 1, 19 CORPORATION ACliNOWLEDGJICNTT THE STATE OF TEXAS, COUNTY OF.. DENTON f BEFORE 1i E, the undersigned authority, ir. and for said County, Texas. on this day personally appeared.... Richard 0. Steuart Mayor of ,..the City of Denton, Texas _..knaw-n to me to be the person end officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said ......City -of..Cen.t-on, _Texas.. - - I a corporation, and that he executed the sarna as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UND R MY HAND AND SEAL OF OFFICE, ?aP t}1-_-__d f_ 5oyember A.D. 19_B 3 cT :EkSME SCOTTifdJry rtYC SILe pI tM , Iotlic, .-.._.IleAtQll County, Texas My Commission Expires June 1, 19._ CLERK'S CERTIFICATE THE STATE OF TEXAS, County COUNTY OF Clerk of the County Court of said County, do hereby certify that the r th o its Certificate of Au f writing dated on the day of A. D. 19 iiantirstion, was filed for record in my office on the day of A dR, N at o'clock M., aad duly recorded this day of it it o'clock 31., n the . 1 ttco39s of sa:' untyt Volu ae . on pages _ WITNESS 31Y HAND AND SEAL OF THE Cot.'iT} COURT of ~6d CourV, at office in . . „ tire dap and, cK- 'las P u'Ti~en. % i v , ~C QunFcCier County, Texas. (L. S. I w ' Q r III 11= t°notn W F'. f V = z E-0 4 H z X 0: E4 Z: 1,jjj:~ 1 :4 1% 0 O C ` 01 N AH I'f y~ ice ; w > E-i O H aiu`7fliinr~~ II` 'auH C4 .H II 1 'Yi ❑ 1-4 •s; 1~ z CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.J. Taylor, Jr., City Attorney Joe D. Morris, Asstatant City Attorney Robert S. Hunter, Assistcat City Attorney DATE: December 2, 1983 TO: Charlotte Allen, City Secretary FROM. C. J. Taylor, Jr., City Attorney SUBJECT: Ridgeway Drive Paving Assessment Attached is an original Notice of Assessment which must be filed with the County Clerk of Denton County, Texas, among the mortgage or deed of trust records. If you i:ave any questions concerning same, please advise. c C. J TAYL R, J R. CJTJR:js s . NOTICE OF ASSESSMENT THE STATE OF TEXAS S KNOW ALL MEN LY THESE PRESENTS: COUNTY OF DENTON S That the duly elected and constitutea City Council of the City of Denton, Texas, adoptid Ordinance No. on the 6th day of December, 1983, declaring a necessity for and o: iering the permanent i.nprover ent of those certain portions of streets in the City of Denton hereinafter listed. All of such improvements shall be constructed in accordance with the plans and specifications therefor, which are now on file with the City Council of the City of Denton and to which plans and specifica- tions reference is hereby made for a more particular description of such improvements. The portions of streets to be so improved are to be designated and defined as street unit;; as set forth in Exhibit A, which is attached hereto and made a mart hereof. Said ordinance further provides that a pc.rtion of the cost of said improvements is to be spry-tally assessed as a lien upon property abutting the street improvei and as a personal liability against the ownirs of such abutting property, such assessments to be payable to the City of Denton. Wherefore, the City of Denton, Texas, acting, by and through its City Council has caused this Notice to be signed by the City Secretary in the name of the City of Denton and to have the official seal of the City of Denton hereto affixed this the ~L day of December, 1983. CH RLOTTE LA LEN, CI SECRETARY CITY OF DENTON, TEXAS THE STATE OF TEXAS S COUNTY OF DENTON S This instrument was acknowledged before me on the % day of December, 1983, by Charlotte Allen, City Secretary of the City of Denton, Texas, a Municipal Corporation, on behalf of said City of Denton. ; "NN GAABAM I ` ' Wry KY'k Suit M 1048 f , 14taoRUOOCe~vktt57lll.~' HOTARY' PUBLIC, STATE OF TES My Commission expires: NOTICE OF ASSESSMENT-PAGE ONE i EXHIBIT "A" Estimated Front Foot Cost to Property Owners: $50-$60 Front Foot Estimated Total Cost to Abutting Property Owners: $550,000.00 RIDGEWAY DRIVE STREET S DRAINAGE PROJECT Ridgeway Drive-(From Interstate Highway 35-E to Teasley Lane) East Side Front Footage Ownership Address 755.24' Southridge Limited 7007 Preston Road Partnership Dallas, Texas 75205 (David Dunning) 2235.48' Denton Residential, N.V. 2001 Bryan Tower, Suite 3000 (Ken Shulman) Dallas, Texas 75201 1884.60' Dimension Development Co. 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - West Side Front Footage Ownership Address 1535.64' Dimension Development Co. 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 2241.41' Denton Residential, N.V. 2001 Bryan Tower, Suite 3000 (Ken Shulman) Dallas, Texas 75201 300' Tom Fouts s Frank Crockett 700 Dallas Drive Denton, Texas 76201 391.50' Colson Real Estate 3010 Santa Monica (Bill Colville) Denton, Texas 76201 122.29' Southridge Limited 7007 Preston Road Partnership Dallas, Texas 75205 (David Dunning) PAGE SOLO R[Al P«OPERTY RECORDS N~.TICE OF ASSESSMENT 54303 THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: § That the duly elected and constituted City Council of the City of Denton, Texas, adopted Ordinance No. on the 6th day of December, 1983, declaring a necessity for and ordering the permanent improvement of those certain portions of streets in the City of Denton hereinafter listed. All of such improvements shall be constructed in accordance with the plans and specifications therefor, which are now on file with the City Council of the City of Denton and to which plans and specifica- tions reference is hereby made for a more particular description of such improvements. The portions of streets to be so improved are to be designated and definod as street units as set forth in Exhibit A. which is attached hereto and made a part hereof. Said ordinance further provides that a portion of the cost of said improvements is to be specially assessed as a lien upon property abutting the street improved and as a personal liability against the owners of such abetting property, such assessments to be payable to the City of Denton. Wherefore, the City of Denton, Texas, acti;." by and through its City Council has caused this Notice to be signed by the City Secretary in the name of the City of Denton and to have the official seal of the City of Denton hereto affixed this the t1i Vopecember, 1983. i~ -Tt t~, F+t ~zr CH R TT LLE , CI ; EC CITY OF DENTON, TEXAS STP TE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of DecembP., 19830 by Charlotte Allen, City Secretary of the City o= Denton, Texas, a Municipal Corporation, on behalf of said City of Denton. X ANN GMBMX 14Qmw&W EqkaSqlALL~ WTARY PUBLIC, STATE OF TEXAS My Commission expires; NOTICE OF ASSESSMENT-PAGE ONE Y VOL '241 EXHIBIT "A" 1 Estimated Front Foot Cost to Property Owners: `$5 P=~~64CRront Foot Estimated Total Cost to Abutting Property Owners: $550,000.00 RIDGEWAY DRIVE STREET & DRAINAGE PROJ$CT.. ,o Ridgeway Drive-(From Interstate Highway 35-E to Teasley Lane) East Side Front Footage Ownership Address 755.24' Southridge Limited 7007 Preston Road Partnership Dallas, Texas 75205 (David Dunning) 2235.48' Denton Residential, N.V. 2001 Bryan Tower, Suite 3000 (Ken Shulman) Dallas, Texas 75201 1884.60' Dimension Development Co. 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - West Side Front Footage Ownership Address 1535.64' Dimension Development Co. 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 2.1.41.41' Denton Residential, N.V. 2001 Bryan Tower, Suite 3000 (Ken Shulman) Dallas, Texas 75201 300' Tom Fouts 5 Frank Crockett 700 Dallas Drive Denton, Texas 76201 391.50' Colson Feal Estate 3010 Santa Monica (Bill Cilville) Denton, Texas 76201 122.29' Southriige Limited 7007 Preston Road Partnership Dallas, Texas 75205 (David Dunning) y Y PAGE SOLO VOL 1305ME242 r r cpr W T9 Wtt of tEW CUM of 0-110C ON*" CPU* taM "C04 tho tot Iftan wq !A dab and ems cardey la the ; ,d710Q b Old w ad on 44 ~ a Derdoa rrv j Pat of of Ma"ssd now* as stam"q Aare" y K DEC 81983 aA.. dw" * • A3 Nor i IN I'll E MATTER OF CITY OF DENTON CHARLOTTE ALLEN TIIE STATE 01' TEXAS Roy Appleton, Jr. Cuunly of Drnlon being duly sHOrn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously, and regularly, published fov a period of not less than one year in the County of Denton, Texas, preceding the date of the at,ached notice, and I liar the said notice was published in said paper on the following dates: ORDINANCE NO. 83-135 caving & improvements of certain streets 31 lines $12.40 DECEMBER 209 1983 PUBLISHED TWICE IN THE LEnAL NOTICE SECTION AS RERUESTED BY CHARLOTTE ENS CIT CRETARY Subscribed and sworn to before me this day of'-~D"r^° , 19 Witness my nand and official sea]. Notary Public, Denton County, Texas _ PUBLIC NOTICES Ordinance No. 0135 An ordlllance eKtlering the 11F:R na.tssity for attd oraering CE Fit I ill. Nit. the paving and Improve- I' 113 L I ments of phone of certain 11:11P I': I t threats in the City of Donlon. Taxes; ordering to be two pared on ntifrlate of one cost I.\ T 11 F:11 AYF F. R Orrin: of such Improvements, and ordering ft preparation of plans ai.6 specifications: directing the giving of - nolket determining the cost of such improvements shall be paid by the City of Dental; providing a mtlhod for the reimM;rsemenl to the City of Demon for a potion of such cost by assessment of a potion of such cost against the property abutting such im fortenN; and to the AFFIR:'ITOF PUBLISHER TO Filing ing for a hen to secure payment for such assess 1'['$1. 1(:.1TION, oF• I,m i. NOTICF: ment directing the city sec retry to file notice of the aSSISSmenl: and WCilying action under article 1105 re- vised civil statutes and de - claringaneuectwedate. F'iL•,llhr _ _ tj1~ DECEM6ER20,191) ACCEPTJ~~~~J~~ttfttf0 s1 GS Need eoncfoundation, 2000 sa ft rse stable, Also need wo lraming L roof construct rw same Also need pl binq d - electrical P. all or more info t uildin1. sits. 3250af1 apm E S T O F RAMAK SH N RE DHE£NORAN DECEASED IN THE CO TV COUNT OF DENTO COUNTY. TEXAS NOTICE TO LL PERSONS - .~1rpu1) HAYINGC GAINST THE TAT OF RAMA S AN REOHEE AN, DECEASE Notice Is r ven that original k to menlary were IS td RAJ KRISHNAN aslo0 Name of Estate: Estate of RAMAKRISHNAN RE OHE E N D RAN, Deceased. Date of Iswa a of Letters 12/13/13 Cause No.: 1077 Court: Cewv rt, Donlon r, COUn I T Redden, d ress W fndepe" Men ttKu 1)11 West Oa ' Demon, 7 'Alf persons claim 89611 s1 ttNS E at hith t eu!ren sly efn &41 ministered, a re cuffed present them thin the flat and in the antler pre scribed by law. DATED is h day co December, SHNA, Independent 1pr oF1 Estaljtof krishn Redheendrom,Deceasec December 20 Ordinance No. 013S An ordinance declaring the i ewcessity' for and ordering E the paving and Improve WOWS of portions of cerlalp ~ttreels in the City N Denton, 'rim st ordering h be pre pared an estimate of the cost of such Improvements, and ordering IM pre"rotea plans and specifications; Cod g3~t., i NO. O ~.Y [ i AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING k AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE CITY OF DENTON, TEXAS; ORDERING TO BE PREPARED AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS, AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS; DIRECTING THE GIVING OF NOTICE; DETERMINING THE ! COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF' DENTON; PROVIDING A METHOD FOR THE REIMBURSEMENT TO THE CITY OF DENTON FOR A PORTION OF SUCH COST BY ASSESSMENT OF A PORTION OF SUCH COST + AGAINST THE PROPERTY ABUTTING SUCH IMPROVEMENTS; AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT FOR SUCH ASSESSMENT; DIRECTING I THE CITY SECRETARY TO FILE NOTICE OF THE ASSESSMENT; AND SPECIFYING ACTION UNDER ARTICLE 1105 REVISED CIVIL S'T'ATUTES. i THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i SECTION I. A necessity exists for the permanent improvement of those - certain portions of stret..,t:s hereinafter listed and enumerated in Exhibit A, which is attached hereto and made a part hereof. SECTION II. Such streets shall be improved by cutting or filing them to bring them to grade, by widening and straightening, by constructing, reconstructing, repairing and realigning curbs, by constructing appurtenances and incidentals to such improvements, including all drains and culverts, .11 as shall be recommended by the City En^ineer and approved by the City Council. 'Phe City. Engineer shall prepare an estimate of the cost of such improvement and shall draw and prepare all necessary plans and specifications. i SECTION III. The City Secretary is hereby directed to cause to be prepared a notice of the enactment of this ordinance and file said notice with the County Clerk of Denton County, Texas, among the mortgage or deed of trust records of said County. SECTION IV. The cost of such improvements shall be paid for by the City of Denton. The City of Denton shall reimburse itself for not more than ninety percent (908) of the cost of the improvements by the assessments against the respective abutting property and the real and true owners thereof in accordance with the provisions of Article 1105b, Revised Civil Statutes of the State of Texas. The amount of such assessments shall constitute a first and prior lien upon all such property and a personal liability on the real and true owners thereof, whether correctly named or not. The property abutting on the street shall be assessed on a per front foot basis, the estimated cost per front foot and the estimated total cost of the total paving being as set forth in Exhibit A. No assessment shall be made until after the notice and hearing provided by law, and no assessment shall be made against any abutting property or owners thereof in excess of the special benefits of Such property, and its owners in the enhanced value thereof by means of such improvements as determined at such hearing. SECTION V. Such assessment shall be payable either by: PAGE ONE - 'y - - 44 a' 1 F€F (a) Placing an amount equal to the paving assessment in t escrow for the City of Denton with the City Engineer, Department i of Public Works to be paid upon completion and acceptance of the r paving by the City of Denton; or, E G f (b) Executing note or notes, payable to the City of Denton, in an amount equal to the paving assessment to be assessed against the abutting property, said notes to be payable in equal monthly installments not to exceed five (5) years. Interest on the note or notes shall be due and payable yearly and shall be at a rate of ten percent (108) per annum. Any balance on any note that is due and owing and unpaid shall carry a straight interest rate of ten percent (108) until paid. Any such installment may be paid at any time before maturity by the payment of the principal and accrued interest thereon. Past due principal and interest shall bear interest at the same rate from maturity until paid. If default is made in the payment of any such installment or iriterast, the entire unpaid balance of the assessment plus interest shall, without notice to the owners, and at the option of the holder of the Certificate of Special Assessment, if any, immediately become due and payable j together with expenses of collection and reasonable attorney's fees, if incurred. In the event of such default, collection shall be enforced by suit in any court having jurisdiction. Upon the completion of the improvement and the acceptance ` thereof by the City of Denton, the assessment made against all abutting property owners who have not made arrangements for the r payment of the assessment as above set forth, shall be immedi- ately due and payable. t i SECTION VI. . In making such improvements, the City Council is acting under d the provisions of the Act passed at the first called session of 5 the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said session, together with amendments there- to also known as Article 1105b of Vernon's Civil Statutes, adopted by the Charter of the City of Denton, Texas. SECTION VII. i A public hearing is called for the 3rd day of January, 1984 in the City Council Chambers, Municipal Building, Denton, Texas. 'i PASSED AND APPROVED this the 6th day of December, 1983. ti RI 'H D 0 STEWA , YOR CI 'Y OF NT ON, TEXAS ATTEST: CHARLOTTE ALLENj CITY ShCMTAHY A CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY aOF EN TON, TEXA BY : r° PAGE TWO - ;a i,a i. rt N 1. EXHIBIT "A" F` k, r Estimated Front Foot Cost to Property owners: $50-$60 Front Foot Estimated Total Cost to Abutting Property Owners: $550,000.00 RIDGEWAY DRIVE i °EAST SIDE Front Footage Ownership Address 755.24' Southridge Limited 7007 Preston Road Partnership Dallas, Texas 75205 (David Dunning) 2235.481 Denton Residential, N.V. 2001 Bryan Tower, Suite 3000 (Ken Shulman) Dallas, Texas 75201 1884.60' Dimension Development Co. 1910 Pacific Avenue, Suite 1700 ~ Dallas, Texas 75201 i! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r r . i i WEST SIDE s ~ Front Footage Ownership Address 1535.64' Dimension Development Co. 1910 Pacific Avenue, Suite 1700 Dallas, Texas 75201 2241.41' Denton Residential, N.V. 2001 Bryan Tower, Suite 3000 ' (Ken Sr,,Iman) Dallas, Texas 75201 i 300' Tom Fouts s Frank Crockett 700 Dallas Drive Denton, Texas 76201 `t[ C° 391.50 Colson Real Estate 3010 Santa Monica (Bill Colville) Denton, Texas 76201 122.29' Southridge Limited 7007 Preston Road Partnership Dallas, Texas 75205 (David Dunning) I , 3 3 Y ' PAGE SOLO `c ~ f ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, Vernon's Article 2368a.1 permits the City to issue and sell for cash the Certificates of Obligation hereinafter authorized; and WHEREAS, the City has duly caused notice of its iri',_ention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by Vernon's Article 2368a.1, and no pet'tion has been filed protesting the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF CERTIFICATES: That the said City's Certificates of Obligation (hereinafter sometimes called "Certificates") are hereby authcrized to be issued in the aggregate rrincipal amount of $ , FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY" S CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR STREET IMPROVEMENTS IN THE CITY AND PROFESSIONAL SERVICES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH STREET IMPROVEMENTS AND THE CERTIFICATES OF OBLIGATION. Section 2. That said Certificates shall be designated as the: CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984. Section 3. DATE, DENOMINATIONS, NUMBERS, AND MATURITIES OF CERTIFICATES. Initially there shall be issued, sold, and delivered hereunder fully registered certificates, without interest coupons, dated , 1984, in the respective denominations and principal amounts hereinafter stated, numbered consecutively from R-1 upward, payable to the respective initial registered owners thereof (as designated in Section 13 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "registered owner"), and said certificates shall mature and be payable serially on in each of the yeai.s and in the principal amount,, respectively, as set forth in the following schedule: YEARS AMOUNTS YEARS AMOUNTS The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initially issued and delivered pursuant to this ordinance and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 4. INTEREST. The Certificates scheduled to mature during the years, respectively, set forth below shall bear interest from the dates specified in the FORM OF CERTIFICATE set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the following rates per annum: Maturity % Maturity % Maturity % Maturity % Maturity % Mat,,.rity 8 Maturity % Maturity $ Maturity % Maturity % Maturity % Said interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE CERTIFICATES. Registration, Transfer, Conversion and Exchange; Authentica- tion. (a); The City shall keep or cause to be kept at the principal-'corporate trust office of the , , Texas (the "Paying Agent/Registrarbooks or records for the registration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonably: regulations as the City and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The City shall have the right to inspect the Registration Books &-7ing regular business hours of the Paying Agent/Registrar, buL otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The City shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner Frovided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. Except as provided in Section 5(c) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Ccrt4ficate, date and manually sign said Certificate, •,a no such Certificate shall be deemed to be issued itstanding unless such Certificate is so execute'. Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the City or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the 2 substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange of Certificates as aforesaid +.s hereby imposed upon the Paying Agent/ Registrar, and, upon the execution of said Certificates, the converted and exchanged Certificates shall bc: valid, incon- testable, and enforceable in the same manner ar, with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (b) Payment of Certificates and Interest. The City hereby further appoints the Paying Agent Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Certificates. (c) In General. The Certificates (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by the City at least 50 days prior to any such redemption date), (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall be administered and the Paying Agent /Registrar and the City shall have certain duties and re:ipoi.sibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set fo.th in this Ordinance. The certificates initially issued and delivered pursuant. to this Ordinance , (to which Certificates is attached the-Certificate of the_-, p Comptroller of Public Accounts) are not required to be, and `C shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of ; and exchange for any Certificat3 or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE. (f) Substitute Paying Agent/Registrar. The City covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for t}_e Certificates under this Ordinance, and that the Paying Agent/Registrar rill be one antity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified bank, trust company, tinancial institution, or other agency 3 to act as Paying Agent/Registrar under this ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent banks and records relating to the Certifi- cates, to the ni Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying Agent /Registrar. the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States Mail, first-class postage prepaid, which notice also shall give the address of the new Paying/Agent Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF CERTIFICATE NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON CERTIFICATES OF OBLIGATION SERIES 1984 INTEREST RATE MATURITY DATE ON THE MATURITY DATE specified above, THE CITY OF DENTON, in Denton County, Texas (the "City"), being a political subdivision of the State of Texas, hereby promises to pay to (hereinafter called the "registered owner") the principal amount of and to pay interest thereon from , 19 , on and semiannually on each and thereafter to the maturity data sp- ec f ed above, or the date of redemption prior to maturity, at the interest rate per annum specified above; except that if this Certificate is required to be authenticated and the date of its authentication is later than it , such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged or converted from is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate are payal)le in lawful money of the United States of America, 4 without exchange or collection charges. The p=inci.pal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of the , Texas, which is the "Paying Agent Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to tha registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the City required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the business day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent /Registrar. as hereinafter described. Any accrued interest due at maturity or upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The City covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent /Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all princiyal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of a Series of Certificates dated , 1989, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $ , FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR STREET IMPROVEMENTS IN THE CITY AND PROFESSIONAL SERVICES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH STREET IMPROVEMENTS AND THE CERTIFICATES OF OBLIGATION. On , or on any interest payment date thereafter, the Certificates of this Series may be redeemed prior to their scheduled maturities, at the option of the City, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the City (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption price equal to 5 the principal amount to be redeemed plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York or in the State of Texas. Such notice also shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificates or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying P.gent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Certificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Certificate Ordinance. THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the City kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth herein and in the Certificate Ordinance. This Certificate may only be assigned and transferred upon presentation and surrender to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this certificate or any portion or portions hereof to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner, or its duly authorized attorney or representative, and shall conclusively evidence the assignment hereof. Upon surrender of this Certificate or any portion or portions hereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the 6 Registrations Books, and shall deliver a new Certificuce or Certificates payable to such assignee or assignees, or to the registered owner hereof in the case of the assignment and transfer of only a portion of this Certificate, in exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of Certificates. The registered owner of this Certificate shall be deemed and treated by the City and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES issued as a result of a transfer, conversion or exchange are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. In accordance with the form and procedures set forth in the Certificate Ordinance, this Certificate, or any unpaid or unredeemed portion hereof, may, at the written request of the registered owner or the assignee or assignees hereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, be converted into and exchanged for a Certificate or Certificates of like aggregate principal amount, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested, upon surrendez of this Certificate to the Paying Agent/Registrar at its principal corporate trust office for cancellation. The one requesting a transfer, conversion, or exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of transfer, conversion or exchange. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or any portion thereof called for redemptic prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the City, resigns, or otherwise ceases to act as such, the City has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of said City, issued on the full fai'h and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certifi--ate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged for such payment, within the limit 7 prescribed by law; and that this Certificate is additionally secured by and payable from the surplus revenues derived by the City from the ownership and operation of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system remaining after payment of all amounts required to be paid under the ordinances authorizing any bonds or other obligations payable from Utility System revenues now outstanding or hereafter issued. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the City, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the City. IN WITNESS WHEREOF, the City has caused this Certificate to be signed with the facsimile signature of the Mayor of the City and countersigned with the facsimile signature of the City Secretary of the City, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Certificate. _(facsimile signature) (facsimile signature) City Secretary Mayor (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICA'T'E PAYING AGL•NT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a Series which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: Paying Agent/Registrar By Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT For value received, the undersigned registered owner of this certificate, or duly authorized representative or attorney 8 thereof, hereby assigns $ of this Certificate to (print or type the name and address ri the assignee and any other relevant information) and authorizes the Paying Agent/Registrar to transfer and register ownership of such portion of this Certificate in the Registration Books. Dated: Registered Owner The signature above is hereby verified as true and genuine. FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 7. TAX LEVY. That a special "Interest and Sinking Fund" is hereby created solely for the benefit of said Certificates, and said interest and Sinking Fund shall be established and maintained by said City at an official depository bank of said Cicy. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said Certificates. All ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governing body of said City shall compute and ascertain a race and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such CertificatQs as such principal matures (but never less than 2% of tle original principal amount or said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each 9 year while any of said Certificates are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 8. SURPLUS REVENUE PLEDGE. Said Certificates additionally shall be payable from and secured by the surplus revenues derived by the City from the ownership and operation of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system remaining aftr~ payment of all amounts required to be paid under the ordinances authorizing any bonds or other obligations payable from Utility System revenues now outstanding or hereafter issued. The City shall deposit such surplus revenues and the ad valorem taxes levied pursuant to Section 7 hereof to the credit of the Interest and Sinking Fund created pursu-.it to Section 7 hereof in an amount sufficient to pay the principal of and interest on the Certificates herein authorized, and if surplus revenues are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 7 hereof may be reduced to the extent and by the amount of the surplus revenues then on deposit in the Interest and Sinking Fund. Section 9. DEFEASANCE OF CERTIFICATES. (a) Ar.y Certificate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 9, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i.) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, or sufficient money to provide for such payment, and when proper arrangements have been made by the City with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which lC such money has been so deposited, shall be turned over to the City, or deposited as directed in writing by the City. (c) The term "Government obligations" as used in this Section 9, shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the service; of Paying Agent/Registrar for such Defeased Certificatei, the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services as required by this ordinance. Section 10. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilates, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the r'i.ty and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section 9, in the event any such Certifi7ate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on this Certificate, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement certificate, provided security or indemnity is furnished as arove provided in this Section 9. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of an), replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section 9 by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the 11 benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for issuing Replacement Certificates. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section 4 of this Ordinance shall con- stitute authority for the issuance of any such replacement certificate without necessity of further action by the City or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance for Certificates issued in conversion and exchange of other Certificates. Section 11. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION. The Mayor of the City is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public, Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the City's Bond Counsel may, at the option of the City, be printed on the Certificates issued and delivered under this Ordinance, but it shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. Section 12. NO ARBITRAGE. That the City covenants to and with the purchaser of the certificates that it will make no use of the proceeds of the Certificates at any time throughout the term of this issue of Certificate.,- which, if such use had been reasonably expected on the date of delivery of the Certificates to and payment for the Certificates by the purchaser, would have caused the Certificates to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1454, as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is o'aligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the Certificates will not otherwise be used directly or indirectly so as to cause all or any part of the Certificates to be or become arbitrage bonds within the meaning of the aforesaid Section 103(c), or any regulations or rulings pertaining thereto. Section 13. That said Certificates are hereby sold and shall be delivered to for cash for the par value thereof and any accrued interest to date of delivery, and any such accrued interest shall be deposited into the Interest and Sinking Fund. The Certificates shall initially be registered in the name of Section 14. EMERGENCY. That is is hereby officially found and determined and declared: that a case of emergency or urgent public necessity exists which requires the holding 12 of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said Certificates are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, arl purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 13 1 1 1 J r CITY OF DENTON CERTIFICATES OF OBLIGATION SERIES 1984 $550.000 r ,f. i i Y 1 7 r. TRANSCRIPT OF PROCEEDINGS LAW OFFICES VC(-:ALL, PARKHURST & HORTON 000 D I IM ON D SHAM HOCK TOWER DAi_LAS, TEXAS 75201 P ' CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984 $550,000 c TRANSCRIPT OF PROCEEDINGS CERTIFICATE FOR RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFTCATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR STREET IMPROVEMENTS I - THE STATE OF TEXAS COUNTY OF DENTON ; CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1, The City Council of said City convened in REGULAR MEETING ON THE 6TH DAY OF DECEMBER, 1983, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Richard 0. Stewart, Mayor Charlotte Allen, City Secretary ;Sark R. Chew Dr. A. Ray Stephens Jack Barton Jim Riddlesperger, Mayor Pro Tem Charles Hopkins Joe G. Alfo.-d and all of said persons were present, except the following absentees: err z A ( 45Le k &11 ~ ~ , thus constituting a quorum, Wh reupon, among other business, the followingj was transacted at said Meeting: a written RESOLUTION A' .,ORIZING PUBLICATION OF NOTICE OF INTENTION Tr) ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR STREET IMPROVEMENTS was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution prevailed and carried by the following vote: AYES: All members of said City Council shown present voted "Aye", except NOES:_ f ABSTENTIONS: 2. That a true, full, and correct copy of the afore- said Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said city Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, I; qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and I me,mber,3 of said City Council was duly and sufficiently notified officially and personally; in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ, St. Article 6252-17. 3. That the Mayor of said City has approved, and heresy approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of slid City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 6th day of December, 1983. Ci y Secretary a y o (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Resolution prior to its passage as aforesaid, 5 Cit At or Bond Att rneys I i 1 I ' FFSOLUTION i AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR STREET IMPROVEMENTS t THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON ; WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: i Section 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR STREET IMPROVEMENTS", the form and substance of which are hereby adopted and approved. Section 2. That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two consecutive weeks in a newspaper of general circulation in the City, the date of the first publication to be at least fourteen (14) days prior to the date tentatively set for the passage of the Ordinance authorizing the issuance of such Certificates of Obligation. k I THE STATE OF TEXAS ; COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON TEXAS FOR STREET IMPROVEMENTS THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984 in the maximum principal amcunt of $550,000, for the purpose of paying all or a portion of the City's contractual obligations to be incurred for street improvements in the City and professional services of engineers, architects, attorneys, and financial advisors in connection with such street improvements and the Certificates of Obligat?nn. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from the surplus revenues of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system. The City Council of the city tentatively proposes to authorize the issuance of such Certificates of Obligation at 7:00 p.m. on the 3rd day of January, 19840 in the City Council room at the municipal Building, Denton, Texas. CITY OF DENTON, TEXAS I I By - C arlotte Allen, City Sccretary AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS ; COUNTY OF DENTON , CITY OF DENTON BEFORE ME, a notary public in and for the State of Texas, on this day personally appeared the person whose name is subscribed below, whor having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the Denton Record-Chronicle, which is a newspaper of general circulation in the above named City and County; and that a true and correct copy of the NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON TEXAS, FOR STREET IMPROVEMENTS, a clipping of which is attached to this affidavit was g published in said Newspaper on the following dates: TMESTATEOFTEXAS DECEMBER 12 COUNTYOFDENTON , 1983 CITYOF DENTON NOTICE OF INTENTION DECEMBER 19 198 TO ISSUE CERTIF ICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS FOR STREET IMPROVEMENTS Authori ed f cer 9 Employee THE CITY OF DENTON, M Denton County, Texas, hereby gives notice of Inten i tion to Issue CITY OF DEN r TON CERTIFICATES of D SWORN TO BEFORE ME on the 19 day of OBLIGATION, SERIES 1961 in I" maximum principal 198 . amount of SWAN, for The purpose of paying all or a portion of the City's can tracWal obligations to be ptmn incurred for street Improve `L l merits in the city and pro- a~ 1C fesslonal services of engineers, architects, at r forneys, and financial advisors in connection with such street improvements and the Certificates of Ob ligation. The City proposes to provide for the payment of such Certificates of Obliga lion from the levy and cot lection of ad valorem taxes In the City as provided by law, and from the surplus revenues of the City's Utility System consisting of its combined waterworks and sar;fary sewer system am its arec?r;c light and power ` system. The city council of the City fentativety proposes to authorize the issuance of such Certificates of Obliga tlon at 7, 00 p m. on the 3rd I day of January, 1964, in the i City Council room at the municipal Building, Denton, Texas, C'" OFDENTON,TEXAS 1 B y C har totte A l l en City f I DECEMBER 12, 19, BS Secretary V 101 E•sss ~i t0 a4a48ad g'l 3noS ul IAAnxnl AFFIDAVIT OF PUBLICATION j XAS ; r y a notary public in and for the State of "opuns.sSnOH1~111 ay personally appeared tF.e person whose name It ~1~~ Sow, who, having been duly sworn, says upon 1 MON he is a duly authorized officer or employee ' ~MON VS1 ecord-Chronicle, which is a newspaper of W6A0 11011"fl) NS on in the above named City and County; and r ,o;o" uM orrect copy of the NOTICE OF INTENTION TO ` ioN,lAs'M' No•4oM • we}bON S OF OBLIGATION OF THE CITY OF DENTON, ;o ydoNUaM,3, T IMPROVEMENTS, a clipping of which is 4o, fit, ffidavit, was published in said Newspaper ates: W"1p14 2 '+1 DECEMBER 12 1983 r DECEMBER 14thori B ~I d f cer Emplo yee r SUBSCRIBED AND SWORN TO BEFORE ME on the 19 day of nFrF AFR , 98 . ary lic NOTARY SEAL i Cr'TIFICATE FOR CRDINANCE A[fIHORi7,It`G THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS ; CU-MY OF DEMM CITY OF DENTON ; We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in R 7JLALR MEETING ON THE 34D DAY OF JANLARY, 1984, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Richard 0. Stewart, Mayor Charlotte Allen, City Secretary Mark R. Chew Dr. A. Ray Stephens Jack Barton Jim Riddlesperger, Mayor Pro Ten Charles Hopkins Joe G. Alford and all ofsaid~rsgns sere present, except the following absentees: - , thus constituting a quorum. Whpreupo , among o er usiress, the following was transacted at said Meeting: a written ORDINANCE, ALMiORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said notion, carrying with it the. passage of said Ordinance prevailed and carried by the following vote: ` AYES: All members of said City Council shown present voted "Aye", r` except NOES: N n 1AA- ABSTENTIONS: N o 2. That a true, full, and correct copy of the aforesaid QL finance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and forgoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicates] therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally; in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and }11at said Meeting was open to the public, and public notice of the time, place, ( and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AtZ SEALED the day of January, 1984 City Secretary (SEAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that wee prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid. VIM ttorn J Bo Attorns I ORDINANCE NO. t ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OIIL`ATION THE STATE OF TEXAS COUNTY OF DENTON ; t CITY OF DENTON WHEREAS, Vernon's Article 2368a.1 permits the City to issue and sell for cash the Certificates of Obligation hereinafter authorized; and WHEREAS, the City has !uly caused notice of its intention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by Vernon's Article 2368a.1, and no petition has been filed protesting the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF CERTIFICATES: That the said City's Certificates of Obligation (hereinafter sometimes called "Certificates") are hereby authorized to be issued in the aggregate principal amount of. $550,000, FOR. THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR STREET IMPROVEMENTS IN THE CITY AND PROFESSIONAL SERVICES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH STREET IMPROVEMENTS AND THE CERTIFICATES OF OBLIGATION. Section 2. That said Certificates shall be designated as the: CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984. Section 3. DATE, DENOMINATIONS, NUMBERS, AND MATURITIES OF CERTIFICATES. Initially there shall be issued, sold, and delivered hereunder fully registered certificates, without interest coupons, dated January 15, 1984, in the respective denominations and principal amounts hereinafter stated, numbered R-1 and R-2, payable to the respective initial registered owners thereof (as designated in Section 13 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "registered owner"), and said certificates shall mature and be payable on January 15, 1989 in the principal amounts, respectively, as set forth in the following schedule: i r NUMBER AMOUNTS R-1 %M,6 )oN 275,000 R-2 %XM ;910: 275,000 The term "Certificates" as used in this ordinance shall mean and include collectively the certificates initially issued and delivered pursuant to this ordinance and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 4. INTEREST. The Certificates shall bear interest from the dates specified in the FORM OF CERTIFICATE set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the rate of 8% per annum. Said interest shall be payable in the manner r Provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE CERTIFICATES. (a) Reqistration _Transfer# Conversion and Exchange; Authentica- tion.The City shall keep or vause to a kept at the pPrncipal corporate trust office of the First State Bank of Denton, Denton, Texas (the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar ar, its registrar and transfer agent ` to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable ' regulations as the City and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The City shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books F confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The City shall pay the Paying Agent/Registr&r's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. Except as provided in Section S(c) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the City or any other bcdy or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and { said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Ter.. Civ. °t. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/ Registrar, and, upon the execution of said Certificates, the converted and exchanged Certificates shall be valid, incon- testable, and enforceable in the same manner and with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Pubiic Accounts. 2 z M Payment of Certificates and Interest. The City hereby further appoints the Paying Agent/Registrar to act as t the he paying agent for paying the principal of and interest on Paying Certificates, ashally keep ipr per recordsc of all payments made by the City and the Paying Agent/Registrar with respect to the Certificates. (c) In General. The Certificates in fully registered form, without interest coushall pons, bwithsthe l principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed i prior to their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by the City at least 50 days prior to any such redemption date), (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and ' authenticated, (vii) the principal of and interest on the ' Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the City shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set forth in this ordinance. The Certificates initially issued and delivered pursuant to this ordinance ,to which Certificates is attached the Registration Cer- tificate of the Comptroller of P•iblic Accounts) are not required to Le, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/ REGISTRAR`S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE. (f) Substitute Paying Agent/Registrar. The City covenants with the registered owners of the Certificates that at all times while the Certificates are outstandinv the City will provide a competent and legally gi,ali.fied bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Age:it/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resio_n or i otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency E to act as Paying Agent/Registrar under this ordinance. Upon any change in the Paying Agent/Registrar, the previous c Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a ccoy thereof), along with all other pertinent books and records relating to the Certifi- cates, to the new Paying Agent/Registrar 'designated and appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause a writter notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States Mail, first-class postage prepaid, which notice also shall give the address of the new Paying/Agent Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the I 3 provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance, FORM OF CERTIFICATE NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON CERTIFICATES OF OBLIGATION SERIES 1984 INTEREST RATE MATURITY DATE 88 January 15, 1989 ON THE MATURITY DATE specified above, THE CITY OF DENTON, in Denton County, Texas (the "City"), being a political subdivision of the State of Texas, hereby promises to pay to (hereinafter called the "registered owner") the principal amount of and to pay interest thereon from January 15, 1984, on January 15, 1985 and semiannually on each July 15 and January 15 thereafter to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; except that if this Certificate is required to be authenticated and the date of its authentication is later than December 31, 1984, such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such neat following Merest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being xchanged or converted from is due rut has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid _o the registered owner hereof upcn presentation and surrender of this Certificate at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of the First State Bank of Denton, Denton, Texas, which is the "Raying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/ Registrar on, and payable solely from, funds of the City required by the ordinance authorizing the issuance of this 4 Al Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as herein- after provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the last business day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent /Registrar, as hereinafter described. Any accrued interest due at maturity or upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/ Registrar. The City covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment di.te for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, it immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if :wade on the original date payment was due. THIS CERTIFICATE is one of a Serie of Certificates dated January 15, 1984, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $550,000, FOR THE PURPOSE: OF PAYING ALL OP. A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR STREET IMPROVEMENTS IN THE CITY AND PROFESSIONAL SERVICES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH STREET IMPROVEMENTS AND THE CERTIFICATES OF OPLIGATION. ON ANY DATE, the Certificates of this Series may be redeemed prior to their scheduled maturities, at the option of the City, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, ..he particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the City (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption price equal to ` the principal amount to be redeemed plus accrued interest to ` the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the State of Texas. Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed F for any such redemption, to the registered owner of each ` Certificate to be redeemed at its address as it appeared on 5 the 45th day prior to such redemption date; provided, t-,dever, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificates or portions thereof. By f the date fixed for arjy such redemption du? provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed. If such written notice of redemption, is published and if due provision for such payment is made, all as provided above, the Certificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Certificate Ordinance. THIS CERTIFICATF OR ANY PO.MON OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the City kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and con- ditions set forth herein and in the Certificate Ordinance. This Certificate may only be assigned and transferred upon presentation and surrender to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this certificate or any portion or portions hereof to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner, or its duly authorized attorney or representative, and shall conclusively evidence the assignment hereof. Upon surrender of this certificate or any portion or portions hereof for transfer of registra- tion, an authorized representative of the Paying Agent/ Registrar shall make such transfer in the Registrations Books, and shall deliver a new Certificate or Certificates payable to such assignee or assignees, or to the registered owner hereof in the case of the assignment and transfer of only a portion of this Certificate, in exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of Certificates. The registered owner of this Certificate shall be deemed and treated by the City and the Paying Agent/Registrar as the absolute owner hereof for all pur- poses, including payment and discharge of liability upon this Certificate to the extent of such payment, an,1 the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary. 6 ALL CERTIFICATES OF THIS SERIES issued as a result of a transfer, conversion or exchange are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. In accordance with the form and procedures set forth in the Certificate Ordinance, this Certificate, or any unpaid or unredeemed portion hereof, may, at the written request of the registered owner or the assignee or assignees hereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, be converted into and exchanged for a Certificate or Certificates of like aggregate principal amount, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the sa,.kg rate, in any denomination or denominations in any integral multiple of $5,000 as requested, upon surrender of this Certificate to the Paying Agent/Registrar at its principal corporate trust office for cancellation. The one requesting a transfer, conversion, or exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of transfer, conversion or exchange. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE FVENT dny Paying Agent/Registrar for the Certificates is changed by the City, resigns, or otherwise ceases to act as such, the City has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of thi.3 Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged for such payment, within the limit prescribed by law; and that this Certificate is additionally f secured by and payable from the surplus revenues derived by the City from the ownership and operation of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system remaining after payment of all amounts required to be paid under tLe ordinances authorizing any bonds or other obligations payable from utility System revenues now outstanding or hereafter issued. BY BECOMING the registered owner of this Certificate. the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the ` Certificate Ordinance is duly recorded and available for l 7 i A inspection in the official minutes and records of the city, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the City. IN WITNESS WHEREOF, the City has caused this Certificate to be signed with the facsimile signature of the Mayor of the City and countersigned with the facsimile signature of the City Secretary of the City, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Certificate. (facsimile signature) (facsimile signature) city Secretary Mayor (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a Series which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: Paying Agent%Registrar By Authorize zed Representative FORM OF ASSIGNMENT: ASSIGNMENT For value received, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns $ of this Certificate to (print or type the name and address of the assignee and any other relevant information) and e,uthorizes the Paying Agent/Registrar to transfer and regtster ownership of such portion of this Certificate in the Registration Books. Dated: Registered Owner 8 The signature above is hereby verified as true and genuine. FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 7. TAX LEVY. That a special "Interest and Sinking Fund" is hereby created solely for the benefit of said Certificates, and said Interest and Sinking Fund shall be established and maintained by said City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said Certificates. All ad valorem taxt,.s levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governing body of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such Certificates as such principal matures (but never less than 2% of the original principal amount of said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said city, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said Certificates are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 8. SURPLUS REVENUE PLEDGE. Said Certificates additionally shall be payable from and secured by the surplus revenues derived by the City from the ownership and operation of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system remaining after payment of all amounts required to be paid under the ordinances l 4 i L authorizing any bonds or other obligations payable from utility System revenues now outstanding or hereafter issued. The City shall deposit such surplus revenues and the ad valorem taxes levied pursuant to Section 7 hereof to the credit of the Interest and Sinking Fund created pursuant to Section 7 hereof in an amount sufficient to pay the principal of and interest on the Certificates herein authorized, and if surplus revenues are actually on deposit in the Interest and Sinking Fund to advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 7 hereof may be reduced to the extent and by the amount of the surplus revenues then on deposit in the Interest and Sinking Fund. Section 9. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 9, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either W shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, or sufficient money to provide for such payment, and when proper arrangements have been made by the City with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City, or deposited as directed in ..lrj.ting by the City. t (c) The term "Government Obligations" as used in this Section 9, shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. I (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform 1 the services of Paying Agent/Registrar for such Defeased 1 Certificates the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services as required by this Ordinance. L 10 Section 10. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Re lacement Certificates. In the event any Outstanding Certi icata s damage, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent /Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case o, loss, theft, or destruction of a Certificate, the registered owner shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of t s Section 9, in the event any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on this Certificate, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement certificate, provided security or indemnity is furnished as above provided in this Section 9. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of ` such Certificate with all legal, printing, and other expenses in connection ther,_with. Every replacement certificate issued pursuant to the provisions of this Section 9 by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section 9 of this Ordinance shall con- stitute authority for the issuance of any such replacement certificate without necessity of further action by the City or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 5(ai ' of this ordinance for Certificates issued in conversion and exchange of other Certificates. 11 Section 11. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION. The Mayor of the City is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, oz placed in facsimile, on such Certificate. The approving legal opinion of the City's Bond Counsel may, at the option of the city, be printed on the Certificates issued and delivered under this Ordinance, but it shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. Section 12. NO ARBITRAGE. That the City covenants to and with the purchaser of the Certificates that it will make no use of the proceeds of the Certificates at a.ny time throughout the term of this issue of Certificates which, if such use had been reasonably expected on the date of delivery of the Certificates to and payment for the Certificates by the purchaser, would have caused the Certificates to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulatiors or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the Certificates will not otherwise be used directly or indirectly so as to cause all or any part of the Certificates to be or become arbitrage bonds within the meaning of the aforesaid Section 103(c), or any regulations or rulings pertaining thereto. Section 13. That said Certificates are hereby sold and shall be delivered to First State Bank of Denton Denton Texas for cash for the par value thereof and any accrue interest to date of delivery, and any such accrued interest shall be deposited into the Interest_ and Sinking Fund. The Certificates shall initially be registered in the name of First State Bank of Denton, Denton, Texas. Section 14. That all ordinances and Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. Section 15. EMERGENCY. That is is hereby officially found and determined and declared: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said Certificates are required as scon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 12 S GENERAL,CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. That this certificate is executed for and on behalf of said City with reference to the issuance of the proposed CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984, dated January 15, 1984 (the "Certificates"). 2. That said City is a duly incorporated Home Rule city, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City, which Charter has not been changed or amended since the passage of the ordinance authorizing the issuance of the most recently dated, issued, and outstanding obligations of said City shown on "Exhibit "A", which is attached to this certificate. 3. That no litigation of any nature has ever been filed pertaining to, affecting, questioning, or contesting: (a) the ordinance which authorized said City's proposed Certificates described in paragraph 1 of this certificate; (b) the issuance, execution, delivery, payment, security, or validity of said proposed Certificates, (c) the authority of the governing body of the officers of said City to issue, execute, and deliver said Certificates, (d) the validity of the corporate existence of said City, (e) the current Tax Rolls of said City, or (f) the Home Rule Charter of said City; and that no litigation is pending pertaining to, affecting, questioning, or contesting the current boundaries of said City. 4. That attached to this certificate and marked "Exhibit A" is a truer full, and correct schedule and statement of the aforesaid proposed Certificates, and of all presently outstanding tax indebtedness of said City. 5. That the currently effective ad valorem Tax Rolls of said City are those for the year 19_g, being the most recently approved Tax Rolls of said City; that said City has caused the taxable property in said City to be assessed as required by law; that the Board of Equalization of said City has equalized and approved the valuation of taxable property in said City for said year; that the Tax Assessor of said City has duly verified the aforesaid Tax Rolls, and said Board of Equalization has finally approved the same; and that the assessed value of taxable property in said City upon which the annual ad valorem tax of said City actually has been or will be levied (after deducting the amount of all exemptions, if any, under Section 1-b(b), and Section 2(b), of Article 8 of the Texas Constitution, and Article I 7150h, V.A.T.C.S.), acco.,:ding to the aforesaid Tax Rolls for said year, as delivered to the City Secretary of said City, and finally approved and recorded by the City Council of said City, is 6. That no petition has been filed protesting the issuance of the aforesaid certificates. 7. That the surplus revenues derived by the City from the ownership and operation of the City's Utility System consisting of its combined waterworks and sanit.ry sewer system and its electric light and power system remaining after payment of all amounts required to be paid under the ordinance authorizing the City's outstanding Utility System Revenue Refunding Bonds, Series 1983, have not been pledged to any debt or obligation of the City other than the Certificates. SIGNED AND SEALED the day of , 1984. 41Z----.% 01 t Seriret ry ayor (SEAL) jwl~ EXHBIT A Certificates of 01ligation, Series 19841 dated 1/15/84, bearing interest and maturing as set forth in the Ordinance authorizing said Certificates. Issue Amount Date Outstanding General Obligation Bonds, S Series 1960 7/15/60 $ 50,000 1 Street Improvement Bonds, Series 1962 3/15/62 800000 General Obligation Bonds, Series 1963 3/15/63 100,000 I t General Obligation Bonds, Series 1966 1/15/66 :80,000 General Obligation Bonds, Series 1967 11/15/67 180,000 General Obligation Bonds, Series 1968 2/1/68 275,000 General Obligatic Bonds, Series 1969 4/15/69 420,000 General Obligation Bonds, Series 1970 5/15/70 400,000 General Obligation Refunding Bonds, Series 1974 7/15/74 550,000 General Obligation Street Improvement Bonds, Series 1974 7/15/74 111001000 General Obligation Bonds, Series 1976 4/15/76 11750,000 General Obligation Bonds, Series 1977 6/1/77 21250,000 Certificates of Obligation, Series 1978 3/1/78 95,000 General Obligation Bonds, Series 1979 3/15/79 31825,000 Certificates of Obligation, Series 1979 10/1/79 170,000 Certificates of Obligation, Series 1979-A 12/1/79 275,000 Certificates of Obligation, Series 1980 4/15/80 250,000 General Obligation Bonds, Series 1983 3/15/83 4,7421000 Total outstanding $16,692,000 A tOZ-t 00 Q0 40 WWWWWWW%D%D ppt~pp ko0 W N►+QOW0 4Otyt4WNo-+Oto00VOO1W Om~Cm L'f H M o--1 01 • N+ N N N h+ N N 01 NNNAA VtptpptDtptpOOw►+NNN x tD Cn tR Cn V V '4 V O 0 0 V V tO 1+ 01 Mtn *-a o-+ 0 N O0 O(ALntnv10 OOOOtnOV1OOO0N r + Y+ r++ Y Y Y+0 + O 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r 0 00000000000000000000 N H ~ Z v 1+ _ N -+►+NN W W A V1 LnO M V Y to o-+W MWNLh001NWtor V tDtON 0 tD o-+A V VN V VCn A ~D 6+r4 N0 W W O V M y7 r • r++. w W A W ;lc Y r r. r• r r+ Y ~ 01 1110100 01%D 01N NO V N wo-+W tD w Ow V O to 0100 r-+NN W WtT 0001"01 -ANON N00 r" Co to W W W 0/0 WWMWN0kOWtnNOfVtnN00 O CA 1 t4 44 N Y Y r++ r• r V r+ tD NN WotltQ hj Ap 04MNWD 0100O01t wm t7t A V N V N 4 N V0 N5 A %D tD M m41 r) M N 1-1 W W A 4% W W o-+ 01 N W r + r+ r r Y Y++ Y r r+ r r+ Y•+ r 32 M to `600 01 tD 01 NN O V N 00 s+wtO i0 Ca pppp V r tD 01pp ► N) PO W 00 111 00 01 o-+ 01 o-.1 A N O N NOD o-+ tD W 00W 01 01 00 00 01 W N tD to W N N 01 V 111 N 00 m r% b1 z 4" rn z O 9 Un N m t" rn o c, z oz w .i oo° °0O m C+ p C) Z a/► ~ 3 O X S Z z Y = m in N W O NAAA Ch Z rvr III O 00000 t'2 O O OC'-# 0 0 I CA i V V A A p 01 O N AAA 01 + Y • + r r 0 00000 r 0 00000 0 00000 ' to 4.4 ON1 r+r-1r►+►+►+►+Nr-+NNNN .O~ r + r r Y++ r r r+ r r r C ` V NNW LnLnal %01-+NWA4a'UnMwt0O►+NA ~-+Z N 01 WOO1tDW OO OtN 00 N 0001 AWMN tTt 4b W mC ►N A V N V N N V1 A tD o-+ N 01 N W V V 00 + + r r r r++ r+ r r r++ r+ r. r+ 01 iJ1 O1001-1 Q1tD 01NN0VN00 o-+WtD 00O 00V mO tD 0100 o-+N N W 00 CT 0001r Cn r+ A NO to N 00 2-{ t0 w 00 W 01 01 00 00 01 W IV tO to W Ln N 01 V V1 N 00 V1 r' mm rti O O A n-4-1n0 CN ;a ~ -n Ln 0 4 ? y K >K aK ~ ~ " J The Attorney General of Texas ~ February 21, 1984 I0~MA7TOX aflolneyGeneral THIS IS TO CERTIFY that the following described certificates, together with authenticated copies uoemeCour+euaan of the proceedings relating to and authorizing o the issuance of same, have been submitted to me ii 060.76711. for examination in accordance with the require- f1 ushn,TX ?548 ments of the statutes of the State of Texas, J 12 4 75 2501 to-wlt: f I CITY OF DENTON CERTIFICATES OF OBLIGATION SERIES 1984 (the f "Certificates"), issued by virtue of an ordinance (the "Ordi- nance") adopted by the City Council of the City of Denton, Texas, on the 3rd day of January, 1984, for the purpose of paying all or' a portion of the City's contractual obligations to be incurred for street improvements in the City and professional services of Engineers, Architects, Attorneys, and Financial Advisors in connection with such street improvements and the certificates of obligation; dated January 15, 1984; numbered R-1 and R-2; in the F denomination and principal amount of Two Hundred Seventy-Five Thousand Dollars ($275,000) each; aggregating.the principal sum of Five Hundred Fifty Thousand Dollars ($550,000); the certifi- cates to mature and be payable on January 15, 1989 and bear interest from date to maturity or prior redemption at the rate of 8% per annum, payable on January 15, 1985, and semiannually thereafter an each July 15 and January 15 thereafter to the maturity date or the date of redemption prior to maturity; except that if the Certificates are required to be authenticated and the date of authentication is later than December 31, 1984, such principal amount shall bear interest From the interest payment date next preceding the date of authentication, except as further I provided in the Certificate; principal payable at the principal I corporate trust office of.the First State Bank cf Denton, Denton, Te.cas (the "Paying Agent/Registrar") and interest payable to the registered owner thereof on each interest payment d9te by check or draft, dated as of such interest payment date, sent by United States Mail, first-class postage prepaid to the registered owner thereof at the address as it appeared on the last business day of the month next preceding each such Interest Payment Date on the Registration Books kept by the Paying Agent/Registrar (the "Record Date"); the Certificates be-rig subject to prior redemp- tion and change in form and/or denomination to the extent and in the manner provided in the Ordinance. I From a careful examination of the Certificates and said pro- ceedings and the Constitution and laws of the State of Texas on the subject of the execution and issuance thereof, I lino the following facts, to-wit: I I 103 R E S O L U T I O N WHEREAS, the City Attorney of the City of Denton is appointed to office by the City Council and serves at the pleasure of the City Council under the terms and provisions of Article V1 of the Charter of the City of Denton, Texas; and WHEREAS, on November 12, 1979 the City Council of the City of Denton appointed C. J. Taylor, Jr., City Attorney of the City of Denton, Texas; and WHEREAS, the employment contract of C. J. Taylor, Jr. has, been extended by the City Council of the City of Denton from year to year; and WHEREAS, after the annual performance review, the City Council of the City of Denton is desirous of retaining C. J. Taylor, Jr. as the City Attorney of the City of Denton, Texas: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Council of the City of Denton hereby extends the employment contract of C. J. Taylor, Jr. as City Attorney of the City of Denton, Texas, for an additional one year to perform the function and duties specified in the City Charter, the City Code, and the laws of the State of Texas, and to perform such ether legally permissible and proper duties and functions as the City Council shall from time to time assign. SECTION II. The City Council agrees to pay C. u". Taylor, Jr. for his services an annual base salary of $ 43,600.00 payable in installments at the same time as other employees of the City are paid. SECTION III. An annual performance review will be conducted by the City Council during the month of October of each year, and the City Council agrees to increase said base salary, fringe or oth-or benefit: 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 the annual performance review made at the same time as similar consideration is given to other employees of the City. SECTION IV. It is recognized that the City Attorney has to devote a great deal of his time outside normal office hours to business of the City, and to that end, the City Attorney will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours; provided, however, the City Attorney shall devote his entire time to the performance of the duties and 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 City Council. The City Council hereby agrees to budget and pay the travel and subsistence expenses of the City Attorney for professional and official development and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the Municipal Law Officers, City Attorney's Association and such other national, regional, state or local governmental groups and committees thereof which the City Attorney serves as a member. The City Council also agrees to budget into pay for the trave,` end subsistence expenses of the City Attorney for short courses, institutes and seminars that are necessary for his professional development and for the good of the City of Denton. The City Council agrees to budget and pay the professional dues and subscriptions of the City Attorney necessary for his continuation and full participation, including the holding of responsible offices in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City of Denton. SECTION V. Before voluntarily resigning his position, C. J. Taylor, Jr., agrees to give the City Council. at least thirty (30) days notice in writing of his intentions to resign, stating the reasons therefor. In the event of his involuntary separation as City Attorney, he shall be entitled to receive a lump sum payment equal to sixty (60) days aggregate sal:,-y; provided, hov ver, that in the event of his termination becatise of his conviction for any offense involving moral turpitude or any illegal act involving personal gain to him, then, in that event, the City shall have no obligation to pay the aggregate severance su- designated herein. Involuntary separation as used in this paragraph means his discharge or dismissal by the City Council or his resignation following a reduction in salary or other financial benefits of the City Attorney 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 the City Attorney herein or the City Attorney resigns, following a suggestion, whether formal or informal, by the City Council that he resign, then, in that event, the City Attorney may at his option be deemed to be "terminated" at the date of suco reduction or, such refusal to comply within the meaning and context of the herein severance pay provision. SECTION VI. All provisions of the City Charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to, vacation and nick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to the City Attorney as it would to other employees of the City, in addition to said benefits enumerat-:5 specifically for the benefit of the City Attorney, except as herein provided. The City Attorney shall be entitled to receive the same vacation and sick leave benefits as are accorded other department heads, including provisions governing accrual and payment therefor on termination of employment. PASSED AND APPROVED this the 21st day of December, 1982. IC VAR O St T, MAYOR C1OF NTON, TEXAS AT'T'EST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~ ~ r ~ V ~ \ 1~~ O (;;;`'e" lit `t1 C~ 1 .t. ,f,. I F 1~~, 1 1 1~5 '.~f F:: i 'ti~t1'' ~,y(g~ i irlri 278L AIRPORT MANAGEMENT CONTRACT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § This agreement is made and entered into this pCv~(_Jay of December, 1982, between the City of Denton, Texas, hereinafter referred to as Denton, and Texas Airport Management Service., hereinafter referred to as TAMS, WHEREAS, Denton maintains and operates a Municipal Airport; and WHEREAS, Denton is in need of the services of a qualified group to manage and operate such airport and provide assistance and future planning and expansion of said municipal Airport; and WHEREAS, TAMS is in the business of planning, developing and managing Municipal Airport facilities; and WHEREAS, It is deemed to be of mutual advantage to Denton ard to TAMS to enter into this Airport management Contract under the terms and conditions hereinafter set forth. Now, therefore, for and in consideration of the mutual covenants and promises herein contained, it is mutually agreed as follows: I. Denton does hereby engaqe TAMS for the development and manage- ment of the Municipal Airport for the City of Denton, Texas, and TAMS does hereby accept and agree to perform such services. IT. DUTIES OF TAMS TAMS agrees that its 9uties in developing and managing the Municipal Airport shall consist of the following: 1. Provide a full-time manager and continual supervision of the Municipal Airport including twenty-four (24) hour emergency coverage of Municipal Airport operation; 2. Formulate policies and plans governing operational and maintenance functions at the Municipal Airport; 3. Supervise emergency services; 4. Supervise the safe, efficient and continuous operational use of the Municipal Airport's runways, taxiways, apron: and other operational areas; 5. Supervise comprehensive maintenance services for all facilltic,:, and equipment operated by the Municipal Airport; TAMS/AIRPORT MANAGEMENT CONTRACT-PAGE ONE ar G. Estimate the required funding and personnel requirements necessary for operation and maintenance of the Municipal Airport; 7. Formulate the development of operational and maintenance standards for the Municipal Airport; 8. Identify and recommend to Denton of any improvements or modernization necessary; 9. Assist in negotiation of all leases and the enforcement of the provisions of such leases. Collect all fees owed Denton by the Lessees; 10. Promote busine. expansion at the Municipal Airport, seek new tenant.• s., 1 develop property; 11. Seek and assist. in the coordination of all Federal Aviation Administration ani Texas Aeronautics Commission Grants; 12. Enforce all ground facilities, policies and procedures; 13. Oversee all air show operations in the b-ast interest of Denton; 14. Represent Denton to all transient persons and act as host to all persons using the Municipal Airport; 15. Issue notams as necessary for the protection of Denton; 16. Supervise ana coordinate the removal of aircraft osbstructing ay so as to keep the Municipal Airport operational; 17. Advise Denton and the FAA of any malfunctions at the Municipal Airport which would affect its safe and efficient use; 18. Plan, coordinate, and direct any construction activity or engineering work relating to maintenance or construction work at the Municipal Airport. Enforce standards of construction and make recommendations concerning construction by lease holders; 19. Coordinate all City of Denton and Municipal Airport activities with the FAA and TAC on various aspects of airport management; 20. Assist Denton in the preparation of all grant proposals relating to the Municipal. Airport, 21. Assist all law enforcement agencies on related items. Coordinate all security and police protection at the Municipal Airport; 22. Develop Municipal Airport plans, programs and facilities to produce maximum revenue and render optimum service to tenants, passengers and to the general public; 23. Develop and implement a progressive industrial relations program, public relations policies, and promote general interest to the local community; 24. Develop a master tariff plan which would yield appropri- ate economic returns from municipal Airport properties; 25. (levelop and administer a comprehensive program of Municipal Airport rights-of-way and rental lend and TAMS/AIRPORT MANAGE,hENT CONTRACT-PAGE TWO provide studies and recommendations concerning Municipal Airport real estate activities; 26. Establish work procedures and conduct negotiations with agents of utility and other companies; and 27. Develop a criteria to be used in setting up a fixed base operation by an outside party so as to best benefit Denton. II. COMPENSATION In return for the services performed by TAMS, Denton agrees to pay to TAMs as coiapensation for such services the sum of Twenty-Four thousand Dollars ($21,000.00) per year, prorated monthly, or twenty percent (20%) of the gross annual revenues whichever is greater. In determining gross revenue all i-evenue generated by the Municipal Airport shall be included, with the exclusion of sales tax, ad valorem property taxes, and any compensation Denton should receive for mineral rights on Municipal Airport property. Should the agreement be Extended for subsequent years TAMS would receive a percentage increase of the base fee which would be equal to the average cost of living increases given Ctty employees. III. TERM 0:: THE CONTRACT This agreement shall continue in force and effect or a period of one year (1) from January 1, 1983 to December 31, 1983 unless terminated earlier by either party as hereinafter provided: A. This agreement may be terminated by either party hereto for just cause upon sixty days (60) written notice given to the other. B. Upon termination of this agreement, TAMS shall not remove any files, maps, books, publications, records, or other Denton property from the Municipal Airport other than the personal property of TAMS or its employees. The rights of TAMS to any compensa';on which accrued prior to any termination under Parag&.aph II above shall not be divested by such termination. IV. REPORTING TAMS shall regularly attend Airport Advisory Board meetings and advise the Board on matters of concern to the Airport Advisory Board. On all matters relevant to the use and operation of the Municipal Airport, its land and facilities, TAMS, through its TAMS/AIRPORT MANAGEMENT CONTRACT-PAGE THREE Airport Manager, shall report directly to the City manager or his designee. No less often than annually, the City staff shall prepare a formal evaluation of the services being provided by TAMS and make any recommendations for changes or improvements in such services. The evaluation will be submitted to the Airport Advisory Board for their consideration. Upon approval of the Board the evaluation and any recorunendations will be formally communicated to the City Council and to TAMS. V. DUTIES OF DENTON To enable TAMS to properly carry out its duties under this contract, Denton agrees to provide the following: 1. A suitable office and office equipment for the municipal Airport Manager to administer the Municipal Airport; 2. Office supplies for the Airport Manager's office; 3. Storage space for necessary maintenance equipment and supplies 4. City maintenance employees as necessary, with a minimum of one (1) full time employee, to report directly to the Airport Manager. Should such employee not be needed for maintenance operations then the activities of such employee may be redirected by the City Manager or his designee. 5. Necessary maintenance equipment and supplies, including a vahicle for use by the Municipal Airport staff. 6. Necessary auxiliary management services, such as management reports, finance and accounting assistance, data processing assistance, and other services deemed necessary. 7. Reimbursement of travel expenses to the Airport Manager for trips deemed necessary by the City staff. VII. MISCELLANEOUS A. TAMS shall have no authority to bind, obligate, or commit Denton by any promise or representation, unless specifically authorized by Denton in writing in a particular transaction. B. This agreement may not be assigned, sold or otherwise conveyed by either party. The failure of any party hereto tt, enforce at any time any of the provisions or terms of this agreement shall not be construed to be a waiver of such provision or term, nor TAMS/AIRPORT MANAGEMENT CONTRACT-PAGE FOUR r M of the right of the party thereafter to enforce such term or provision. C. if any action at law or in equity is brought by either of the parties hereto, it is expressly agreed that the party in whose favor final judgment shall be entered shall be entitled to recover from the other party reasonable attorneys fees in addition to any other relief: which may be awarded. D. This agreement shall be interpreted by the laws of the State of Texas and all obligations hereunder are performable in Denton County, Texas. E. All notices provided for under this agreement shall be in writing and shall be sufficient if sent by certifieO mail to the addresses of the parties hereto as set forth under the signatures on the last page herein or to such other address as shall be designated in writing to the other party. F. Time is of the essence in this agreement. G. TMs agreement constitutes the entire agreement between TAMS and Denton, and there are no agreements or understandings concerning such agreement which are not set forth herein. If any provision of this agreement is invalid or unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect and shall be liberally construed in order to effectuate the purpose and intent of this agreement. ~1~f/-' WITNESS THE SIGNATURES OF THE PARTIES HEREIN, this the.!r.l day of December, 1982. TAMS CITA218AS # XAS BY BY. STEW RT, MAY P. 0. BOX 61453 CKINNEY STREET DF W AIRPORT, TEXAS 75261 DENTON, EXAS 76201 ATTEST: ATTEST: SECRETA RI WESTLING DEPUTY CITY SECPBTARY CITY OF DENTON, TEXAS TAMS/AIRPORT MANAGEMENT CONTRACT-PAGE FIVE s ~ ~ ~ ~ ~ ~ l~ J' ~J 1 l i A-96-WARRANTY DEED-With General and Corporation Aclmowled,ments em ` MARTIN Stationery Co., DOu THE STATE OF TEXAS, VOL 1181ME104 CCUNTY OF...... UNION Know All Alen By These Presents: MED RECORDS 35375 That BETTY RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOL"Z BISHOP of the County of Denton , State of Texas for and in consideration of theaumof Forty-Three Thousand Five Hundred Eighty-One and 78/100--------DOLLARS, to them in hanipaid by the City of Denton, Texas, a Municipal Corporation have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton Texas, a Municipal Corporation of the County of Denton , State of Texas XA4 t3 R Tract I: All that certain 0.306 acre tract, or parcel of land situated in th B.B.B. $ C.R.R. Co. Survey, Abstract No. 186, City and County of Denton, Texas; said tract being part of Davis Triangle Addition us shown by Plat recorded in Voltm a 4, page 24 of the Plat Records of Denton County, Texas; and also being part of the Alonzo Davis Condominium Regime as shown by Condominium Declaration recorded in Volume 1, Page 1, Condominium Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: Beginning, for the most Western corner of the tract being described herein, Rt an iron pin set in the South line of said Davis Triangle Addition and North line of Old Sanger Road, said point lying South 88 degrees 23 minues 48 seconds Nest 131.51 feet from the Southwest corner of said Davis Triangle Addition; Thence Northeast:orly 282.67 feet with arc of curve to left whose radius is S10.83 feet, chord bearing North 61 degrees 03 minutes 19 seconds Bast 279.07 feet to an iron pin set in the Northeastern line of said Davis Triangle Addition; Thence South S7 degrees 58 minutes 9S seconds Bast 61.44 feet to an iron pin set 9t a point in curve of the proposed Southeasterly ' right-of-way line of Windsor Drive; Thence Southwesterly 176.93 feet with arc of curve to right whose radius is S70.83 feet, chord bearing South S2 degrees 40 minutes 38 ond WnS,11on22 feet to an iron pin set in the south lino of Davis Mang e ; i Thence North 88 degrees 23 minutes 48 seconds West 156.23 feet to the place of beginning. Tract II: All that certain lot, tract or parcel of land lying and ei~'ng situated in the City and County of Denton, State of Texas and being part of the B.B.B. F C.R.R. Co. Survey, Abst. No. 186, and being part of the Davis Triangle Addition as shown by the plat recorded in Volume 4, Page 24 of the Plat Records of Denton County, Texas, and also being part of the Alonzo Davis Condominium Regime as shown by Condominium Declaration recorded in Volume 1, Page 1 of the Condominium Records of Denton County, Texas, and also being part of a tract of land as conveyed from Ophelis May Tilson Davis to Betty Ruth Davis Jackson and Joyce Davis Brenholtz by deed recorded in Volume 711, Page 382 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at a point in the Northeast boundary line of said tract, said point being the intersection of the Southwest right-of-way line of U.S, Highway 77 with the Southeast right-of-way line of the proposed Windsor Drive; Thence South S70 58' 05" East along the Northeast boundary line of said tract, same being the Southwest right-of-way line of U.S. Highway 77 a distance 218.62 feet to a point for a corner, same the intersection of the Southwest right-of-way line of U.S. Highway 77 with the North right-of-way line Sanger Road; Thence North 880 23' 48" West along the `youth boundary line of said tract, same being the North right-of-way line of Sanger Road, a distance of 325.6 feet to a point for a corner; same being the beginning of a nontangent curve to the left whose radius is 570.83 feet, a central angle of 170 45' 32" and a chord of North 520 40' 38" East 176.22 feet; Thence Northeasterly along said curve an arc distance of 176.93 feet to the place of beginning and containing 0.395 acres. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal Corporation, its successors boa and assigns forever; and we do hereby bind ourselves, our beim, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the !aid City of Denton, Texas, a Municipal Corporation, its successors Axbmc and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part 'thereof. ` Aness our hand at Denton, Texas this let day of December ,A.D.19 82 1Vitnesst_s at Request of Grantor: Vii.... /1~." M, BETTY Mff DAVIS JACKSON)a- v..:A r~cE-JAN ~ ,T C DAVIS ~o' 1`Z BI3 P I AMNOWIXDGMENT VDA1_U~PacEl;l'v THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF_._ / c:auL......... in c,1,4 : t County. Texas, on this day personally appeared BET..TX._.RU H....DAV.1S.._,T,A.G.KSpN.._ known to me to be the person whose name.s...... are............ _subucribed to the foregoing aistrument, and acknowledged to me that she.. ...executed the same for the purposes and consideration therein exprmscd. I... \DER DIY HAND AND SEAL OF OFFICE, Tb . ...........day of U' !'.[r~.xr1. k... A. D. 19..... $2.. ~ P...'. ,.t r•~ ` / n 3 Notary Public,. A~'&'a .r, a.>..e_County, Texas C-): r/ ` e My Commission Expires June .a9LJ _ 14..rT.. A~t3 .i ACSNOW'LEDGMENT ,T~T~ STATE OF TEXAS, {4 r BEFORE DIE, the undersigned authority, COUNTY OF f _ in and for said County, Texas, on this day personalty appeared......... Joy-G.e....D.aV.J.3_.BIenholtz_.Bishop Y _P Q . be t&%' n....... whose name....... a.._....... subscribed to the foregoing instrument, and acknowledged to me that IND eve zpj e the; a for the purposes and consideration therein tip;3_~ed. / La D jy r. ? 1 R ]}S { ND AND SEAL OF OFFICE, This..._..C(!....... ...........coy of D. 19..Q...'~' f'j '^ti • . L Notary Public ...................................County, Tens y, My Commision Expino 30e f.!.% 14.4..! CORPORATION ACKN0Yl1XDGMENT THE S'L'ATE OF TEXAS, BEFORE ME, the undersigned authority, (BOUNTY OF_.._._.._ in and for said County, Texas, an this day personally appeared known to me to be the person and officer whose name Is subscribed to the foregoing Instrument and acknowledged to mo that the same was the ad of the as d._..._...._..._.._.___.... _ _ a corporation, and that he executed the same as the act of such corporation for the purposes and consideration thereto expressed, and in the Capacity therein stato3. GIVEN UNDER MY H.%ND AND SEAL OF OFFICE, This . ......................_.day of......... A. D. 19.............. (L.S.) Notay Public _-County, Texas My Commissiox Expires June 19._.__. THE STATE OF TEXAS, COUNTY OF__.W.__._.-_..__.... _ County Clerk of the County Court of said County, do hereby certify that the fomgoing instrument cf writing dated on the.__.._......_._ day of.............. A.D. 19_........... with its Certificate of Authentication, was filed for record In my office on the..... _ __»_day of............ A.D. 19.....»........., at................ o clock........._._ M., and was duly reccrded this................. day A D. 19.... at..._ o'clock _-M., In the Records of said County, in Vol- ume._ WITNESS my ban" and sell of the County Cou.•t of said County, at my office In..._..__.___._........._._...._....._........._ _ ..............._..__....the day and year last above writtar. Clerk County Texas Deputy. f 10A 2-11 -•J , : .Fay .1 rJ y/. to y n f 1-3~ IC-4 EW go :fm y G. 5 i i i ~ i C7 i C=3 r[; \ n, Q. ~r VI `C1 O F n° A j K1 y bd A r0 Ny~ En F4 ! i ~ a E ! ! ! i i i i i~' D g EA f n r . STEWART TITLE OF DENTON COUNTY, INC. FORMERLY JAGOE ABSTRACT COMPANY, INC. NAOMI ALLEN P. O. BOX 267 • DENTON, TEXAS 76201 kea Code 811,67-0516 Pr"dent Metro 4363671 December 14, 1982 The City of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 RE: Our CF B-8891 Purchase from Betty Jackson and Joyce. Bishop Attention: Roger Wilkinson Dear Roger: Attached please find loner's Title. Policy No, 0 1521392 A, covering the above captio-aed transactio•a in the insured amount of $43,581.78. Please let us know if we may be of any additional assistance to you in this or any other matter. Yours very truly, STEWART /TITLE OF DENTON COUNTY, INC. 4~-'z BY: LL/lfl enc. T4 Owner Policy-Form Prescribed by State Board of Insurance of Texas-Revised 7.1.1980. ',y~L W ' J tC tom! W LN ^N .-~:-LV L.S`'.f-.«^ -ti r'..•-A_~ •..ti•-..L`s.. r•!J W • = ~7uWr'.1 4f` _ GIT A 11ANTY COlsft'AN Y STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby guarantee to the insured (as herein defined) that as of the date hereof, the Insured has good and irdefeasible title to the , g estate or interest in the land described or referred to in this policy. is , The Company shall not 'oe liable in a greater amount thin the actual monetary loss of the Insured, and in no event shall i f the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the insured in every action or proceeding on any claim against, or right to the estate or interest in the land, 9 or any part the. eot, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to refend against any claims based upon matters in any manner excepted under this policy by the excep- tions in Schedule 9 hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and ! y Stipulations hererlf. The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of V the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or right shell have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, , claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the , ~l Company :hall be only such part of the whole liability limited above as shall bear the same ra.io to the whole liability that the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based 1 on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is re- f , lieved from all Fabi'ity with respect to any such interest, claim or right; provided, however, that failure to notify shat! not prejuc'ice the rights of the insured if such Insured shall not be a party to such action or proceeding, nor be served with pro- cess therein, nor have any knowledge thereof, not in any case, unless the Company shall be actually prejudiced by stlrh fails xe. Upon sal; of the estate or interest in the land, this policy automatically thereupon shall become a warranter's policy and the Insured shall for a period cf twenty-five years from the date hereof remain fully protected accurd;ng to the terms + i-,ereof, t;y reason of the payment of any loss, hip, they or it may sustain on account of any warranty of title contair,ed in the , r transfer or conveyance executed +,y the insured conveying the estate or tntere>t in the land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prim to or at the date hererdf and not excluded either by the exceptions or by the Conditions and Stipulations hereof, such liabilit/ not to exceed the amount of this policy. 1 ~ 9991 ' IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its y ' Chairman and President under the seal of the Company, but this policy is to be valicl only when it bears an authorized o 3t i countersignature, as of the date set forth in Schedule A. c± I ' STI:WA.It'r'rI'rLI•.' • ~ ~ ~~TT GUARANTY COMPANV t7 ~/~~~ECUI i > Chairman of the Board 4fr ~tt _ President ' 3+A R~ t ~l Countersigned. 1908 e; STEWART TITLE OF DENTON COUNT , INC. As Ex rz= 04' _ 2 o 1021.392 - 681 (Rev. 7 130) GENERAL CONDITIONS AND STIPULATIONS 1. Definitions Insured were a purchaser for value without knowledge; The following terms when used in this policy mean: or the homestead or community property or survivorship (a) "land": The land described, specifically or by rights, if any, of any spouse of any Insured. reference, in Schedule A, and improvements affixed thereto which by law constitute real property. 3. Defense of Actions (b) "public records": Those records which impart (a) In all cases where this policy provides for the defense constructive notice of matters relating to the land. of any action or proceeding, the Insured shall secure to the (c) "knowledge": Actual knowledge, not constructive Company the right to so provide defense in such action or knowledge, or notice which may be imputed to the Insured proceeding, and all appeals therein, and permit it to use, at by reason of any public records. its option, the name of the Insured for such purpose. When- (d) "date": The effective date, including hour if specified, ever requested by the Company, the Insured shal' give the (el "insured": The Insured named in Schedule A and, Company all reasonable aid in any such action or proceeding, subject to any rights or defenses the Company may have in effecting settlement, securing evidence, ootaining had against the named Insured or any person or entity who witnesses, or defending such a~tion or proceeding. succeeds to the interest of such named Insured by operation (b) The Company shall have the right to select counsel of law as distinguished from purchase, any person or entity of its own choice whenever it ii required to defend any who succeeds to the interest of such named Insured by action or proceeding, and such counsel shall have fu!I control operation of law as distinguished from purchase including of said defense. but not limited to the following: (cl Any action taken by the Company for the defense (i) heirs, devisees, distributees, executors and of the Insured or to establish the tith' as insured, or both, administrators; shall not be construed as an admission of liability, and the (ii) the successors in interest to a corporation resulting Company shall not thereby be held to concede liability or from merger or consolidation or the distribution of the assets waive any provision of this policy. of such corporation upon partial or complete liquidation; (iii) the partrership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does not terminate; (a) No claim shall arise or be maintainable under this (iv) the successors in interest to a general or limited policy for liability voluntarily assumed by the Insured in partnership resulting from the distribution of the assets of settling any claim or suit without written consent of the such general or limited partnership upon partial or complete Company. liquidation; (b) All payments under this policy, except payments (v) the successors in interest to a joint venture made for costs, attorney fees and expenses, shall reduce the resu!ting from the distribution of the assets of such joint amount of the insurance pro tanto; and the amount of this venture upon partial or complete liquidation; policy shall be reduced by any amount the Company may (vi) the successor or substitute trustee of a trustee pay under any policy insuring the validity or priority of any named in a written trust instrument; or lien excepted to herein or any instrument hereafter executed (viii the successors in interest to a trustee or trust by the Insured which is a charge or lien on the land, and the resulting from the distribution of all or part of the assets of amount so paid shall be deemed a payment to the Insured such trust to the beneficiaries thereof. under this policy. (c) The Company shall have the option to pay or settle 2. Exclusions from the Coverage of this Policy or compromise for or in the name of the Insured any claim This policy does not insure against loss or damage by insured against by this policy, and such payment or tender of reason of the following. payment, together with all costs, attorney fees and expenses (a) The refusal of any person to purchase, lease or lend which the Company is obligated hereunder to pay, shall money on the land, terminate all liability of the Company hereunder as to such (b) Governmental rights of police power or eminent claim. Further, the payment or tender of payment of the domain unless notice of the exere se of such rights appears in full amount of this policy by the Company shall terminate the public records at the date hereof; and the consequences all liability of the Company under this policy. of any law, ordinance o: governmental regulation including, (d) Whenever the Company shall have settled a claim but not limited to, bui'iding and zoning ordinances, under this policy, all right of subrogation shall vest in the (c) Any titles or rights asserted by anyone including, Company unaffected by any act of the Insured, and it shall but not limited to, persons, corporaticos, governments or be subrogated to and be entitled to all rights and remedies of other entities to tidelands, or lands comprising the shores or the Insured against any person or property in respect to such beds of navigable or perennial rivers and streams, lakes, bays, claim. The Insured, if requested by the Company, shall gulfs or oceans, or to any land extending from the line of transfer to the Company all rights and remedies against any mean low tide to the line of vegetation, or to lands beyond person or property necessary in order to perfect such right the line of the harbor or bulkhead lines as established or of subrogation, and shall permit the Company to use the changed by any government, or to fill J•ln lands, or artificial name of the Insured in any transaction or litigation islands, or to ri,aarian rights, or the rights or interests of the involving such rights or remedies. State of Texas or the public generally in the erea extending from the line of mean low tide to the line of vegation or their 5. Policy Entire Contract right of access thereto, or right of easement along and across Any action, actions or rights of action that the Insured the same. may have, or ma/ bring, Pgainst the Company, arising out of (d) Defects, liens, encumbrances, adverse claims against the status of the title insured hereunder, must be based on the title as insured or other matters (1) created, suffered, the provisions of this policy, and all notices required to be assumed or agreed to by the Insured at the date of this policy, given the Company, and any staternent in w. iting required to or 12) known to the Insured at the data of this policy unless be furnished the Company, shall be addressed to it at P. U. disclosure thereof in writing by the Insured shall have been Box 2029, Houston, Texas 77001. made to the Company prior to the date of this policy; or loss or damage which would not hove been sustained if the 6. This policy is not transferable. :DTI. IVAItT TITLM- OVARAMTT COMPANY Wrr~JYWCr~ir ~YYY~ ~ T 1 Owner !'obey Scnedrdea - Fwm Presc•ibed by State Board of Insurance of Te4es 197D Ifl-12/14/82 SCHEDULEA GF No. B-8891 Owner Policy No.: O 1521392 A Date of Policy: December 13, 1982 NAME INSURED: THE CITY OF DENTONJEU.S. Amount of: FORTY-THREE THOUSAND FIVE H1JNDRED EIGHTY-ONE AND 78/100 ($43,581.73) DOLLARS. 1. The estate or interest in the land insured by this policy is: (Fee Simple, Leasehold, Easement, Etc. Identify or Describe) FEE SIXTLE. 2. The land referred to in this policy is described as fcllows: SFE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION. I 6LAe ANtY COMPANY 5811! iT T•1 Owners Policy Schedules - Form Prescribed by State Board of Insurance of Texas - Aer.sed 7.1.1980 SCHEDULE D Policy No.: 0 1521392 A This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, shown in Schedule A. and to the following matters which are additional exceptions from the coverage of this policy: 1. Restrictive covenants affecting the land de,cribed or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements, 3. Taxes for the year 19 83 and subsequent years, and subsequent assessments for prior years due to change is land usage or ownership. 4. The following hens) and all terms, proves ions and conditions of the onstrurnentls) creating or evidencing said lien(s): NONE. 5. Rights of parties in possession. 6. Any visible and apparent rot.dway or easement aver or across the subject property, the existence of which does not appear of record. 7. Maintenance charge set forth in the Declaration of Condominium executed by Alonao Davis et ux Ophelia Davis dated April 1966, recorded in Volume 1, Page 1, Condominium Records, Denton County, Texas. 8. Terms, conditions, covenants, options, restrictions, and easements containad in Declaration of Condominium executed by Alonzo Davis et ux Ophelia Davis dated April i, 1966, recorded in Volume 1, Page 1, Condominium Records, Denton County, Texas, and in the statutes of said State regulating condominiums, together with rights and remedies of cc-tenants, contractual or otherwise, provided for therein. Counten+Qned STEWART TITLE OF DENTON COUNT , INC. 1/T/[~ a4v'_t / vYyt' 44 kz GUARANTY COMPANY ff9 Aohorfted C ternpnature Sot) C.mr nurtion Form 203-A•T Attached to and m,de a part of Stewart Title Guaranty Company Policy No. 0 1521392 A Continuation of Schedule A EXHIBIT "A" Tract I. All that certain 0.306 acre tract, or parcel of land situated in the B.B.B. and C.R.R. Co. Survey, L%bstract No. 186, City and County of Denton, Texas; said tract being part of Davis Triangle Addition as shoran by Plat recorded in Volume 4, page 24 of the Plat Records of Denton County, Texas, and also being part of the Alonzo Davis Condominium Regime as shown be Condominium Declaration recorded in Vol. 1, page 1, Condominium Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows:' bEGINNING, for the most Western corner of the tract being described herein, at an iron pin set in the South line of said Davis Triangle Addition and North line of Old Sanger Road, said point lying South 88 degrees 23 minutes 48 seconds West 131.51 feet from the Southwest corner of said Davis Triangle Addition; THENCE Northeasterly 282.67 feet with arc of curve to left whose radius is 510.83 feet, chord bearing North 61 degrees 03 minutes 19 seconds East 279.07 feet to an iron pin set in the Northeastern line of said Davis Triangle Addition; THENCE South 57 degrees 58 minutes 05 seconds East 61.44 feet to an iron pin set at a point in curve of the proposed Souttaasterly right-of-way line of Windsor Drive; THENCE Southwesterly 176.93 feet with are of curve to right whose radius is 570.83 feet, chord bearing South 52 degrees 40 minutes 38 seconds West 176.22 feet to an iron pin set in the south line of Davis Triangle Addition; THENCE North 88 degrees 23 minutes 48 seconds West 1506.23 feet to the place of BEGINNING. Tract II. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the B.B.B. 6 C.R.R. Co. Survey, Abst. No. 186, and being part of the Davis Triangle Addition as shown by the plat recorded in Vol. 4, page 24, of the Plat Records of Denton County, Texas, and also being Esrt of the Alonzo Davis Condominium Regime as shown by Condominium Declaration recorded in Vol. 1, page 1, of the Condominium Records of Denton County, Texas, and also being part of a .'.ract of land as conveyed from Ophelia May Tilson Davis to Bette Ruth Davis Jackson and Joyce Davis Brenholtz by deed recorded in Volume 711, Page 382 of the Deed Records of Denton County, Texas, and more particu- larly described as follows: BEGINNING at a point in the Northeast boundary line of said tract, said point being the intersection of the Southwest right-of-way line of U.S. Highway 77 with the Southeast right-of-way line of the proposed Windsor Drive; THENCE South 57° 58' 05" East along the Northeast boundary line of said tract, same being the Southwest right-of-way line of U.S. Highway 77 a distancs 218.62 feet to a point for a corner, same the intersection of tha Southwest rig:zt-of-way line of U.S. Highway 77 with the North right-of-way line Sarver Road; THENCE North 88° 23' 48" West along the South boundary liAe of said tract, sake being the North right-of-way line of Sanger Road, a distance of 325.6 feet to a point for a corner; same being the beginning of a nontangent cu:-ve to the left whose radius is 570.83 feet, a central angle of 17° 45' 32" and a chord of North 52° 40' 38" East 176.22 feet; THENCE Northeasterly along said curve an arc distance o 176.93 faet to the place of BEGINNING and containing 0.395 acres. fT.;,,,,ro To AN) r•.aet A rAsT of STEv,O.ST THE Cl IJt:',Y CON PANY 'roucY :Cc. 0 1521392 A C5%j:1 ,UAT10l1 OF SCF1Li7LE co,r,TEPSicNEo $1~1.- ,T TtilE Of DE`iTO MNTY 1r, EI ~l i Page _5 A9TK EO COUNTEIV MT,I;E S~'1`1-:NVA IVI' '1`ITLL OVARANTY CWIAAXY { 0 ~ J. 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R et = Y• C ^ o n m L C Er U) n n f SR w x ~ _ C 'D a S S C S n 'C c d- n c- n m P n n a 3 CC S K f9, rt 3 ° ~ -°i s' ?i n o 5' r 5r Fr V 'O (D r ~ 2b C N N .7_ C7 ®rollo b W Vl r N ~-I m 0 w O N n o o nr- l7 N ^ O 0 f c ft c 21 -4 :j 0 O o) (D V M .4 N k O b r rS Fi$ Sc 01 r1* 72 n N r L Olt ~D c p N QC! f-W Ln w 3 00 01 i Drs r +a (D a% a, 3 N~ Z iA e 3 L n' a^o~ 9 ~ a N t0 N IN c ~ Y" Ln a r 0 b 0 00 O O q M Y r O~ O 1O N .P O Ln r H J In A Y ^ Op aar y. x o 00 0 O 00 P O O q 0 00 3: 9.4 N~ en 1: ^ ~r tr g. W O A R'usan~v ` _ MLlm"1M._D s / ~ (Ahmuce D. .i ~y Repair Center MecAinr (R) MCI Senire Cenkrm,:hive S W we-m,~ e4 Parts B~~ ID Propert l d BM (oI nn rx (c) l~~ ~ ` ~ ~ ~ ~ ~ ~ ~ ~ ~i i ti Inlernallonal Business Machines Corporation Armonk, New York :'0504 J Installment Payment Agreement To: International Business Mach'tnas Corporation Agreement No.: BranchOliceAddrem:2727 LBJ Freeway Br.Off. No.: G M G Dallas, TX 75234 Customer No.: 1802 610 RCY') j3)"2AAddsess c,f Purchaser: City of Denton 215 E. McKinney Denton, TX 76201 17 DEC 82 16: 35 This Installment Payment Agreement supplements and amends Agreement No. dated 19 , between International Business Machines Corporation (hereinafter called taut) and the above-named Purchaser with respect to the following test machines and features (hereinafter collectite!y called the machines) referred to in said Agn ement: Type 6fodel_ Description Quantity Unit Price Amount 4331 K02 Central Processor 1 72275 729275 3278 A02 Console 1 1898 19898 5424 A02 Card Reader 1 7055 7,055 3203 005 Printer 1 19550 199550 TOV1 $100,718 Tenns and Conditions 1. Cash Price (if thin were a cash sale) ....................................................11J 0 0 , 7 2. Cash Down Payment ...................................s- 0 3. Unpaid Cash Price (Item I minus Item 2) ...............................................8100 a 7 7 A 4. Insurance Charges .s None 5. Official Fees (Filing or Recording) j:-.A................ 8 None N 10 0 , 718 6. Unpaid Principal Cash Balance (Sum of Items 3,4 and 5) , $ a 0 7. -State and Local Taxes (Computed on Cesh Price from Line 1) . s- o 8. Amount Isbe Financed (Sum of [terns r,and 7) S 100,778 9. Time Price Differential (finance Charge on Item 0) .......................................s 5 s 762 10. Contract Time Balance (Sum of Items 8 and 9) 8 10 6 , 5 4 0 U. Total Time Sole Price (Sum of Items 2 and 10) ...........................................s 106 3 540 Please send aP communications to ism ut its branch ogicr.addien I:sted abore unless notified to the conrrary. Z14 MU 13 1 (U-M 901) (1 LYn) I Assignments Installment Payment Agreement on its part to be kept or per. This Installment Paytnenl Agreement is not assignable by formed; or (c) any information furnished by the Purchaser to the Purchaser, nor may the Purchaser sell, transfer, substantially IBnt m its Application for Credit or in its financial information modify relocate or dispose r the machines, or any of ball, for the purpose of inducing less to enter into this lnstaHrrent Pay- modif t reoc written sore eion the 18%% a no event may the merit Agreement was inaccurate and tau would not have entered ut into this Installment Payment Agreement on the basis of the cor- machines be relocated outside the United Slate Any attempted machiment or transfer the Purchase r of any of the rights, rect information; or (d) any obligation of the Purchaser (other or oPigons e t Lr t tans of this Installment fanny t the rights than any obligation secured hereby) for the payment of borrowed duties is void. money becomes or is declared to be due and payable prior to the expressed maturity thereof; or (e) any obligation of the Purchaser representing the deferred purchase price of property Purchaser's Covenants becomes or i.; declared to be due and payable. prior to the ex- pressed due date for schedule) thereof or (f) a substantial portion of the machines suffer a C3suaIty Occurrence; or (g) create, assume, or voluntarily suffer to exist, without giving ium the Purchaser makes an assignment for the benefit of creditors, at least 15 calendar days prior written notice, any mortgage, files a petition in bankruptcy, is adjudicated insolvent or bank. pledge, encumbrance, security it tereA, lien or charge of any rapt, petitions or applies to any tribunal for any receiver or any kind upon the .,n, chines, or any of 14em; (b) it will keep the trustee of Purchaser or any substantial part of its property, com. machin,_ in good repair and operating conditi.rn; (ci it will coerces any proceeding relating to the Purchaser under any pay promptly all taxes, interest and other charzes when levied reorganization, arrFngement, re-adjustment of debt, dissolution or assessed upon the machines or their olxration or use in or liquidation law or statute of any jurisdiction, whether now eonnecticn with this Installment Payrnent Agreement; and (d) or hereafter in efl?e,a, or if there is commenced against the Pur• it will promptly satisfy all liens against the machines. chaser any such proceedirg which remains un&imissed for a period of 60 days, or Ilse Purchaser by any act indicates its Insurance con-wont to, approval of or acquiescence in any such proceeding or the appointment of any receiver of or any trustee for it or The Purchaser further a;rees to procure and maintain fire any substantial part of its property, ur suffers any such receiver- insurance with extended coverage on the machires for the full ship or trusteeshid to continue undischarged for a period of 60 insurable value thereof for the life of this Installment Payment days; then at any time after the occurrence of su - 1i an event of Agreement, the policy for such insurance being endorsed to default tau may declare all unpaid installments inmediately due show loss payable to Arne and assigns as respective interests e.nd payable. may appear. Upon request a certificate of such insurance will be furnished to ts.vt or assi;;n;. Any proceeds recehed directly by IBM under such insurance shall be credited to tie payment re- quire.] from the Purchaser pursuant to the rcxt succeeding Remedies paragraph. If an event of default shall have occurred and be continuing, then at any time after all unpaid installment.; shall have been Destruction o,'McieRnes declared irnm,Aiately due and payable and during the continu- ance of such default, tent or assigns may, to the extent permitted y o by law, (1) Ieover the balance of all amounts dae hereunder, irreparably dirnaged or destroyed or otherwise readered perma• (2) with or without notice or legal process enter any premises nently unfit far use from any cause whatsoever (such occurrences where the machines may be and take possession of them, or being hereinarter called Casualty Occurrences) prior to the render them unu.iuable, and retain all prior payments as partial payment in full of the Total Time Sale Price and such Casualty compensation for their use and depreciation, (3j require the Occurrences do not constitute an event of default, the Purchaser Purchaser '.o assemble the machines, or any of them, and rake shall promptly pay to test a suln equal to the aggregate Casualty theyn available to runt at any place designated in noti.e sent to Vslne of such machines. Any money so pair' shall be applied, the Purchaser, (4) sell the machines, after at (cast 15 days on the installment date next following receipt by IBM of such notice before tr,e time of any intended public sale or of the payment, to reduce monthly instariments thereafter falling due time after which any private sale or other disposition of the so t),at such installments represent only the payments due for machines is to be made, with or without the machines at the the remaining machines, sale, at which sale IBM or assigns may purchase, and the pro. 11e Casualty Value of each machine suffering a Casualty ceeds thereof, less reasonable expenses of retaking, repairing, Occurroce shall be the sum of the balances of the stcle and holding and reselling, will be credited against the amount unpaid local loxes, Unpaid Principal Cash Balance and Time, Price ane, the Purchaser will pay the balance forthwith as liquidated Differential unpaid at the time of such Casua;ty Occurrence and deunages for the breach of this Installment Payment Agreement, attributable to-such machi i-, such Time Price D,iffarentinl being any surplus, however, to be aid to the Purchaser, (5) incur adjusted to reflect the short, r payment period. reasonable attorneys' fees and legal expenses in exercising any of its rights and remedies upon default which the Purchaser Defaults agrees to pay (tip to 1570 of the unpaid balance if permitted by law, and if such percentage is not so permitted, such other In the event that any one or more of the Eollowirg events percentage or amount as is permissible) and w iich shall become of default shall occur and be continuing: (a) the Purchaser shall part of Itsu's reasonable expenses of retski:ig, repairing, holding, fail to per in full any oum payable by the Purchaser ,then pay- reselling and the like, and (6) pursue any other remedy per. ment thereof shall be clue hereunder; or (b) the Purchaser sha% mitted by law or in equity. for more that 30 days after tars shall have demimded in writing Time is of the essence and waiver of any default shall not petfer ~nce or observance thereof, fail or refuse to conply be a waiver of any other default; all of IBM's rights hereunder with any .ather~covenant, agreement, term or provision of this are cum lative and not alternative. 2 A6reemext No.: y:nents General FiTht! Purchaser promises to pay the Cash Down Payment (if any) If the unit price for any machine is adjusted as provided in'Tu4 (a) upon the date of installation of the machines, or (b) with in the Agreement herein referred to, Items No, i through No. 11 respect to installed macfines, on the effectile date of the on pa;,e 1 hereof and the payments herein agreed to be paid purchase of tfie machines, and the first installmen! of shall be adjusted and this Installment Payment Agreement shall '~'746I0 -_on the Contract Time Balance be amended accordingly. commencing on the date one month after such date and If any of the. provisions hereof are in conflict with any 13 _consecutive monthly nstallments of applicable statute or rule of law, the,1 such provisions shall be. 8.~~Zv/D on such day of each month thereafter deemed inoperative to the extent that they may conflict there- urtil full) paid. with and shall be deemed to be modified to conform with such statute or rule of law. The Purchaser having been offered the choice of purchasing This Installment Payment Agreement and the Agree. at the foregoing Cash Price (plus applicable taxes) or at the Total Time Sale Price has elected to purchase at such Total ment herein referred to relating to the purchase by the 'rime Sale Price. Purchaser of the machines constitute a single agree- All remittances are to be made at rnent and the entire agreement between the Purchaser and imit with respect to the purchase and sale of, and terms of payment for, the machines listed in the said Security Interest and Localion of Machines Agreement. The terms and conditions of this Install. To secure the payment of the Total Time Sale Price here. ntent Payment Agreement shall prevail notwithstand- under and all amounts due or to become due ism under the ing any variance with the terms and conditions of the Agreement for 11311 Machine Service, the IBM Maintenance said Agreement. Agreement and all other Installment Payment Agreements Between the parties, mm reserves a purchase money security NOTICE. TO THIS BUYER nterest in each of the machines and Purchaser hereby grants a set unity interest in any substitutions, replacements and additions 1. Do not sign this contract before you read it or if it con. thereto and the proceeds thereof. A copy of this Installment Pay- taints any blank spaces. ment Agreement may be pled with appropriate state authorities 2. You are entitled to an exact copy of the contract you at any time after signature by the Purchaser as a financing ste tee sign. ment in order to perfect IBM's security interest. Such filing does not constitute acceptance of this Installment Payment Agreement 3. Under the law you hate the right to pay- off in advance by cast. The Purchaser also shall execute from time to time, alone the full amount due and under certain circumstances or with IBM, any financing :statements or other documents and to obtain a partial refund of the time charge. do such other act or acts considered by teM to be nACessary or 4. Acceptance of this Agreement is contingent upon desirable to l-xrfect or protect the security interests htreby cre• credit approval and verification of Rents 1 through 1; ated. The machines shall remain personal property, not become on page 1 of this Agreement. part (,f the freehold, and be kept at No. (Street A ddress) 51 :91 ?9 .)?a Ll (city) (Connly) (slate) where tam may inspect them at any reasonable time. i-0110 C/S GADd Recei red by > D G l8!4iet-_3✓V By_ _ - /lf~THE PURCHASER ACKNOWLEDGES RECEIPT OF xinaser'e Slgnature A TRUE COPY HEREOF AND THE AGREEMENT - D'-~~ : rn ~~tg✓- HEREIN REFERRED TO: Nance is )tame % Type or Fri nt) on_-------------------~-1 ' -f Accepted by: C 1 rr 0IC A61st rt) A/ International as achlneslCorporation ~ C s•om- ho ved i~na a Au orised in.+tu - I3aI a (Type nq , Name (Type or Print) - -~'-roe. - Title ( Title l On- - On - r Date Date Wltnen to &dler's 9ignaipre Witneta to Purchasers Signature Wilnea to Seller's Signature Witness to Parches, is Signature t, Z1?n 7361-13 (UtM UOglt(Y753 3 Y 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 follows: RECITALS The City desires to employ the services of Chris Hartung as City Manager of the City of Denton as provided by the City charter and ordinance creating and setting forth the duties of the City Manager. AGREEMENT 1. General City hereby engages Chris Hart+.ing as City Manager of the City of Denton, Texas to perform the functions and duties spe-ified 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 an) time subject to the provisions of this agreement. 2. Compense.tion 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 ire 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, including but riot limited to the ?annual Conference of the International City Management Association and such other national, regional, state and local governmental groips and committees thereof 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 organizations necessary and desirable for his continued professional participation, growth and advancements, and for the good of the City. 5. Termination and Severance Pa In the event of his involuntary separation as City Manager, he shall be entitled to receive a lump sum payment equal to sixty (60) days aggregate salary; provided, 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 financial 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 reductior_ 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 C:'.ty 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 hereafter may be amended, also shall ap.)Iy to Employee as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein I provided. Employee wilt. accumulate vacation time at the rate of one (1) day per month and be eligible to take six (6) days of vacation time after ser%ing for six (6) months. Employee shall be entitled to receive the same vacation and sick leave benefits as ara accorded department heads, including provisions governing accrual and payment therefor on termination of employment. 4 /ny EXECUTED in duplicated originals this the day of 1962. EMPLOYER: THE CITY OF DENT , TEXAS L BY: ar Stew May Cit of D nton, Texas 70YEE • G. ChJJT~T artung, City an er City of Denton, Texas 5348A ~ J VOL RKPAG416 ,DEED RECORDS n ~Jq~ a WARRANTY DEED THE f STATE OF TEXAS 5 3.5i37S 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 That we, FELIX W. CALLAHAN and wife, LOTTA E. CALLAHAN, of Denton County, Texas, and JAIES E. CALLAHAN of Denton County, Texas, ANN C. STARK of Bee County, Texas, and ROBERT W. CALLAHAN of Pierce County, Washington, not joined by our spouses because the hereinafter described property consitututes no part of our homesteads and is our sole and separate property, for and in con- sideration of the sum of TEN AND NO1100 ($10.00) DOLLARS and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknow- ledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF DENTON, TEXAS, a municipal corporation, Grantee herein, of the County of Denton, State of Texas whose mailing address is Municipal Building, 215 E. McKinney, Denton, Texas 762:01, all of the following described real property in Denton County, Texas, to-wit: TRACT ONE: .All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract described in a deed from Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day of August, 1977, recorded in Volume 847, Page 690, Deed Records of said County, and being more fully described as follows: BEGINNING at a steel pin at the West Southwest corner of said 430.140 acre tract in Mayhill Road and at the Southeast corner of the MEP & PRR Co. Survey, Abstract 927; TH81"CE N. 2° 58' 37" E. with said Survey line and the most Westerly boundary line of said 430.140 acre tract in Mayhill Road, a distance of 751.63 feet to an iron pin at a mid-Northwest corner of said tract; THENCE S. 88° 06' 15" E. with a fence and the North line of a road a distance of 2641.17 feet to an iron pin and fence corner at an inner ell corner of said tract and a bend in said road; THENCE S. 38° 23' 20" E. with a fence and a Northeasterly line of said road a distance of 61.96 feet to a steel pin on a Northerly boundary line of a City of Denton Sewage Treatment Plant tract described in a deed from W. T. Evers et al in Volume 463, Page 260, Deed Records of Denton County, Texas; THENCE S. 49° 38' W. with a North boundary line of said City Tract a distance of 11.88 feet to a steel pin at an angle; ' t THENCE N. 88° 05' W. a distance of 60.0 feet to a steel pin at the West Northwest corner cf said City of Denton Tract; THENCE S. 1° 54' W. along and near a fence a distance of 709.0 to a steel pin and fence corner at Southwest corner of said City of Denton Tract; THENCE N. 67° 50' 41" W. pith a fence and a South boundary line of said 430.140 acre tract a distance of 693.69 feet to a steel pin at a fence corner angle; THENCE N. 87° 49' 09" W. with a fence a distance of 1932.91 feet to the Point of Beginning and containing 45.648 acres of land. TRACT TWO: All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract described in a deed from Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day of August, 1977, recorded in Volume 847, Page 690, Deed Records of said County, and being more fully described as follows: BEGINNING at a steel pin at the Southeast corner of a City of Denton Sewage Treatment Plant Tract described in a deed from W. T. Evers, et al to City of Denton on December 12, 1960 and recorded in Volume 463, Page 260, Deed Records of Denton County, Texas, and an inner Southwest corner of said 430.140 acre tract; THENCE. N. 1° 54' E. along and near a fence a distance of 980.70 feet to a steel pin and fence corner at the East Northeast corner of said City of Denton Tract; THENCE Westerly with the North boundary line of said City Tract the following 5 bearings and distances: (1) N. 76° 06' W. 220.0 feet (2) N. 1° 54' E. 215.0 feet (3) S. 67° 54' W. 388.7 feet (4) ` S. 1° 54' W. 42.50 feet (5) S. 49° 38' W. 285.42 feet to a steel If pin on the Northeasterly line of a road; THENCE N. 38° 23' 20" W. with a fence and the Northeast line of said road a distance of 61.96 feet to a steel pin and fence corner at an inner ell corner of said 430.140 acre tract; THENCE N. 1° 20' 58" E. with a West boundary line of said tract along and near a fence a distance of 287.56 feet to a corner in Pecan Creek; Th,NCE Easterly and Southerly with the middle of Pecan Creek the following 17 courses and distances: (1) S. 60° 18' 06" E. 157.38 feet (2) N. 71° 18' 35" E. 518.28 feet (3) S. 71° 41' 41" E. 173.01 feet (4) S. 67° 48' 26" E. 297.75 feet (5) S. 49° 16' 23" E. 79.11 feet (6) S. 8° 35' 49" E. 243.12 feet (7) S. 31° 49' 18" E. 169.01 feet (8) S. 85° 55' 18" E. 223.65 feet (9) S. 44° 19' 49" E. 137.92 feet (10) S. 48° 06' 12" E. 242.88 feet (11) S. 42° 28' 28" E. 89.0 feet (12) S. 6° 04' 26" W. 108.62 feet (13) S. 25° 15' 45" W. 70.50 feet (14) S. 51° 44' 51" W. 187.94 feet (15) S. 12° 43' 27" W. 301.18 feet (16) S. 52° 11' 17" W. 93.32 feet (17) S. 41° 41' 08" W. 244.97 feet to a corner in said Pecan Creek on a South boundary line of said 430.140 acre tract; THENCE N. 48° 52' 43" W. along and near a fence a distance of 712.26 feet to the Point of Beginning and containing in all 25.733 acres of land. THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING: 1. Easement dated August 24, 1925, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 199, page 615, Deed Records, Denton County, Texas. YOL 11. 81PbGF~17 WARRANTY DEED, Page Two mmw~ VOL 1181PAA18 2, Easement dated July 14, 1960, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 460, page 89, Deed Records, Denton County, Texas. 3. Easement dated March 3, 1925, from George W. Clark to Lone Star Gas Company, recorded in Vol. 199, page 612, Deed Records, Denton County, Texas. 4. Easement dated October 18, 1949 from W. T. Evers to Texas Power and Light Company, recorded in Vol. 355, page 515, Deed Records, Denton County, Texas. 5. Easement dated November 10, 1964, from W. T. Evers to Texas Power and Light Company, recorded in Vol. 516, page 610, Deed Records, Denton County, Texas. 6. Easement dated April 11, 1967, from Felix W. Callahan et ux to Texas Power and Light Company, recorded in Vol. 549, page 661, Deed Records, Denton County, Texas. 7. Lease agreement dated November 7, 1966, from Lotta E. Callahan et vir, to Lone Star Gas Co., recorded in Vol. 545, page 31, Deed Records, Denton County, Texas. 8. Easement dated February 15, 1952 from Will Evers to Texas Power and Light Company, recorded in Vol. 372, page 583, Deed Records, Denton County, Texas. 9. Easement dated July 14, 1960, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 460, page 90, Deed Records, Denton County, Texas. 10. Easement dated March 29, 1955, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 410, page 169, Deed Records, Denton County, Texas. 11. Mineral intere3t as set out in Partition Deed between Jessie E. King et vir, Kenneth M. King and Lotta E. Callahan et vir Felix W. Callahan dated February 10, 1965, recorded in Vol. 5190 page 518, Deed Records, Denton County, Texas, as modified by °artitioi, Agreement between Jessie E. King and Kenneth M. King and Lotta E. Callahaa and Felix W. Callahan dated July 15, 1970, and filed August 14, 1970, recorded in Vol. 606, page 250, Deed Records, Denton County, Texas. 12. Easement dated June 24, 1970, executed by Lotta E. Callahan 3t vir Felix W. Callahan to Lone Star Gas Company, filed July 21, 1970 under clerk's file #6314. 13. Easement dated December 18, 1973 executed by Henry S. Miller Company, Trustee to City of Denton, recorded in Vol. 695, page 350, Deed Records, Denton County, Texas. 14. Easement dated September 22, 1978 executed by Lotta E. Callahan et vir Felix W. Callahan to City of Denton, recorded in Vol. 914, page 522, Deer? Records, Denton County, Texas. 15. Easement dated executed by Lotta E. Callahan et al to City of Denton, recorded in Vol. 1128, page 982, Deed Records, Denton County, Texas. 16. Easement dated executed by Lotta E. Callahan et al to City of Denton, recorded ir. Vol. 1128, page 988, Deed Records, Denton County, Texas. 17. That portion on the West lying in the Mayhill Road; Road easement along the North; Power poles and lines; Guy ease- ments; protrusion of fences beyond property lines; protrusion WARRANTY DEED, Page Three of property lines beyond fences; and City of Denton ease- ments all as ehown on Survey dated October 25, 1982 by Gary W. Hammett, Registered Public Surveyor. 18. Road easement dated August 30, 1961 executed by W. T. Evers et al to the City of Denton recorded in Vol. 472, page 263, Deed Records, Denton County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assi gns forever; and we do hereby bind ourselves, our heirs, execu- tors and administrators to WARRANT :.ND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfuly claiming or to claim the same or any part thereof. EXECUTED this 10th day of December 1982. FEL~IpX W. CALLAHAN LOTTA E. CALLAHAN VLAA . G "/r GAMES E. CALLAHAN ANN C. STARK By: ~ c~ GU C) 11_ e' _G a_ FELIX W. CALLAHAN, her agent and attorney-in-fact ROBERT W. CALLAHAN FELIX W. CALLAHAN, his agent and attorney-in-fact VOL 11.~~. Pdr E~1 9 WARRANTY DEED, Page Four THE STATE OF TEXAS S VCS PtG L S COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared FELIX W. CALLAHAN and LOTTA E. CALLAHAN, known to me to be the perso-.-is whose names are subscribed to the foregoing instrument, and acknowledged to me that thted the same for the purposes and consideration there ~%EN ~ A HAND AND SEAL OF OFFICE, this le) day of1982. to rr Wis~N~V~' Notary Pudic, Stag Texas My Commission Expires:_ _ THE STATE OF TEXAS § COUNTY OF DENTON S BEFORE. ME, the undersigned authority, in and for said County, Texas, on this gay1 q,gxsonally appeared JAMES E. CALLAHAN, known to me to be tt)~O'.Oer" ~ ose name is subscribed Lo the foregoing instrument, itd'.4Cy.'ff6w~ ed to me that he executed the same for the purposesf~jLd Opsiob7 ion therein expressed. GIVEN UpZE '•2f H1~1I ~T SEAL OF OFFICE, this day of 1982. .ti ' 7'~Tf Notar Pu ic, State o>= Texas My Commission Expires:_ 'l_z~ THE STATE 0!' TEXAS § 5 COUNTY OF DENTON 5 BEFORE: ME, the undersigned authority, in and for said County, Texaa, on this day personally appeared FELIX W. CALLAHAN as agent and attorney-in-fg.4t,mtow*,NN C. STARK, known co me to be the per- son whose name ; tiffs v4lj ed to the foregoing instrument, and acknowledged t t#iat'h-@ ecuted the same for the purposes and Q• consideration 1}er x1pr sed and the in capacity therein stated. :Z. ,44,``,/ stq~ GIVEN ~UN` 1t* TD SEAL OF OFF E, this i)uC- day I.. 0~ } c otT tart' Pu c' State o Texas My Commission Expires WARRANTY DEED, Page Five l THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared FELIX W. CALLAHAN as agent and attorney-in-fact for ROBERT W. CALLAHAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged,tthat he executed the same for the purposes and cons idr,~ttpn•-•t~n expressed and the in capacity therein stated, C) J. GIVE! ~NQER HAIQ ND SEAL OF OF CE, this day i 2 / a Votary Public, State o Texas My Commission Expires: `I- i i _ COUNTY of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 VOL 118. u.' Z1 WARRANTY DEED, Page Six a ~ i, zt~ Y)97d f ,QA v~ k `a NUS 121983 MY VF OM LGAt a,,, I I I DI CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.J. Taylor, Jr., City Attorney Joe D. Morris, Assistant City Attorney Robert B. Hunter, Assistant City Attorney DATE: December 29, 1983 TO: Charlotte Allergy, City Secretary FROT1: Jeanette Scott, Legal Secretary SUBJECT: Rental Payment Contract Amendment No. 1 Please file the above referenced contract amendment with the original contract executed with Joan Cohagan, et al which was approved by the City Council in December, 1982. Thanks. Qj?4U-e- JEAYrTE SCOTT js , fit! a 5l3} .x hx 5 v+1 tit gar 2 ~~rry'!+ ~f 7: ' . tL N 3 f pr b LS C til. ~ X pay 't THE STATE OF TEXAS § RENTAL PAYMENT CONTRACT COUNTY OF DENTON § AMENDMENT NO. 1 Pursuant to Article 2 of that certain Office Lease Agreement providing for the lease of premises at 324 East McKinney, the undersigned parties agree that beginning the 1st day of January 19.84 the adjusted rental payments to be made by Lessee to Lessor, as determined in accordance with Article II, shall be Four Thousand Seven Hundred Thirty Six and forty four cents 41736,44 ) per month. This amendment shall be attached to said Office Lease Agreement and incorporated therein and shall be effective until the 31st day of December _ _ , 1984 y Executed this the 304- day of ~.►~t,cw. •r 19$x ' LESSEE, CITY 01' DENTON, TEXAS LESSORS, JOAN COHAGEN, RICKYE EARL COLEMAN AND PATRICIA PENNINGTON BY: BY: G TU G CITY MANAGER BY: _s=C cs~ APPROVED AS TO LEGAL FORM: , C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: RENTAL PAYMENT CONTRACT AMENDMENT NO. PAGE SOLO CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817)566-8200 December 13, 1982 Mr. Gerald Stone Construction Management wnsultants 308 N. Carroll Blvd. Denton, Texas 76201 Dear Mr. Stone: This letter shall serve as an amendment to the existing contract agreement between Construction Management Consultants and the City of Denton. This amendment will include the following provisions which we feel will help expendite the Police Station Construction Project. Construction Management Consultants agrees to: 1. Hire and ccxrpensate all workers Employeed on the project. 2. Provide for necessary workman's axrpensation insurance for the employees. 3. Pay all invoices for supplies and materials used on the project. 4. Pay all invoices for work performed by all subcontractors on the project. The City of Denton agrees to: 1. Reimburse Construction Management Consultants for the expenses incurred by this firm, relative to tl,! preceedinq r.-ovisions of this amendment. 2. Provide a cash advance to Construction Management Consultants in an amount which is mutually agreeable to both parties. In witness thereof, the parties hereto have executed this amendment this the 1,4_ day of V. ezym b6IL-- 1982. CITY OF "ON CON iICII CONSULTANTS 04 .tom X G. Chris Hartung, City agar Gerald Stone, Stone & Bates Construction Management Consultants ~J ~ ~V ` ~p ~ ~ ~ ~ '4~t ~ ~ THE STATE OF TEYAS, ~ COf7\'1 ti\01ALL MY MEN BY THESE fESE PRFSENTS:~ ~ O1' DEIvTON r-,,, i Dr.ED pr.a,:IW~t 36234 1''•' THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION of the County of Denton and State of Texas , for and in consideration of the sum of Five Thousand One Hundred ($5,100.00) DOLLARS, to it in hand paid by McMahan T; re & Supply Company i of the County of Denton and State of Texas , the receipt of which ' I is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLADI unto the said McMahan T.'.re and Supply Company, its successors i i~ and assigns }~syili all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, ~i to-wit: i All that certain tract or parcel of land situated in the R.B.B. & C.R.R. Survey, Abstract No. 185, Denton County, Texas, and being a part of that if certain tract deeded by J. A. Carroll to the Missouri, Kansas and Texas I~ R.R. Co. on October 9, 1885, recorded in Volume 28, Page 403, Deed I Records of Denton County and being more fully described as follows: I~ BEGINNING at the northwest corner of Block 14 of the B.B.B. & C.R.R. i Survey, Abstract No. 185; THENCE north 89021119" east 285.55 feet to the east right of way of 60 foot road, an iron pin, the true point of beginning; THENCE north 89021119" east 27.21 feet to a poin'. 50.0 feet from the center line -of the main tract of T & P R. R., a 60 penny nail in the crosstie; THENCE with a curve to the left whose tangent bearing is south i 20054136" west and radius is 1959.86 feet a distance of 325.55 feet to an iron pin; THENCE south 89018150" west 121.17 feet to the east right of way of a 60 foot road, a railroad spike driven in a concrete slab; THENCE north 30028' east with said right of way 363.7 feet to the true j point of beginning and containing 0.497 acres of land, more or less.' j TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi. ' i; leges and appurtenances thereto in any manner belonging unto the seld McMahan dire & ''Supply Company, its successors ffi and assigns, forever, so that neither the said ~I City of Denton, Texas, a Municipal Corporation, its successors E :liRTf[ itedrstnor any person or persons claiming unde- it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS our -hand at Denton, Texas this - clay of December A. D. 1982 ` tat Rtgs3 of"Grantor: J=Y~S?I' TONI XAS 4 r.L. 1'li . . By. ~«15p~Pff~x'`CIRETARY RICHARD O. STEWe,RT, MAYOR f'►.}L-:e. =..a.sar.~..au.~_..~.- - ._..-.._...__._..sam.aarsr SINGLE ACKNOWLEDGMENT }~pL1~(J~PAGEU~U THE, STATE OF TEXAS, COUNTY OFDENTON BEFORE 31E, the undersigned authority. in and for said County, Texas, on this day personally appeared PiChad Zd... Q.._.S.tewa.>;.t.,.--MayQr...of..... City of Denton, Texas & officer known to me to be the person whose name IS subscribed to the foregoing instrument, and acknowledged to me that he.... executed the same for the purposes and consideration thereSa4 issed. GIVEN FR MY HAND AND SEAL OF OFFICE, This day of . DeC er. , A.D. 19 .x.2..,.. JFANETTESCOTT Itx►hbleSUteofTan Notary Denton County, Texas ' Il Coffimbsbs t3Rs111965 My Cornmiesion Expires June 1, 19....... JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally uppeared.._. and his wife, both known to me to be the persons ,Nhose names are subscribed to the foregoing instrument, and acknowledged to me tha. they each executed the sarie for the purposes and consideration therein expressed, and the said_ , wife of the said _.........having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said a^knowiedged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did no! wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 79.. (L.SJ Notar,- Public, County, Texas Nly Commission Expires June 1, 19........... WIFE'S SEPARATE ACKNOWLEDGMENT THE STjkTE OF TEXAS, i BEFORE ME, the undersigned authority, COUNTY OF f in and for said County, Texas, on this day personally appeared....... _ _ , Nsife of . _ known to me to be the person ,+hose na m e is subscribed to the forege m g instrument, and having been .e.xamined by ma privily and apart from her husband, and having the same fully explnincd to hcr, she, the said ackno vledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This.,..... _ day of................................... . A.D. 19 (L.S.) Notary Public.. .....................................................County, Texas. G My Commission Expires June 1, 19............ r r LERKf COW ICATE r THE STATE OF TEXAS,-Z', ~ J.. t~ . County COUNTY OF Y; Clerk of the County Court of sWd C¢u*z- Nre3• grtff~ Bat the foregoing instrument of writing dated on the < e c'ay of__....... s ...Cn.. y~9 19. aq with its Certificate of Authentication ras filed for record in my otrice on the... day of A. D. 19 , at.... o'clock..... AT.. and duly recorded this day of t . v.... A. D 19......., at.... o'clock..,....... 31., in the . . _ frocrds of taid County, in Volume , on pages WITNESS It1Y HAND AND SEAL OF THE COUNTX COUR of said County, at office in . thecar ast above written. fti rCounty CIerk........... _ .....County, Texas. (L 3.) By _ , Deputy. i~ ! G A Y, : $ a E I OE q d d A s 3 Cr i ~ j ~ r-t I Ai 30, 00 11A • 7, i ! O 'ai Nr ! w i I ''P L o z a w u' r+ ` w Y~l'2~t:r_y • z0W r' c (zil H _ 1 c i NC [47 W On E~ 0. Lo :11 7 iii w d ►.r s{ z 04 0 4; ix 0 94 >4 E-4 C J U H z o! OH W v C--_CS--QCIr CLAM nren ?U RTIN 9r tlor."r tk.; VAhs THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNIA' OF DENTO`: a3 )235 That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORTiTION ! of the County of Denton and State of Texas , for and in consideration of ~f the sum of Five Thousand Eight Hundred ($5,800.00)---------------------- DOLLARS, II to it in hand paid by Marvin wills and wife, Everee Godwin Wills fl I of the County of Denton and State of Texas , the receipt of which If is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER ~ QUIT CLAIM unto the said Marvin Wills and wife, Everee Godwin Wills, to their heirs and assigns, all its right title and interest in and to that cei taro tract or par- cel of land lying in the County of Denton aid State of Texas, described as follows, to-wit: All that certain lo'-, tract oi: parcel of land lying and being situated i ;a the City 'and Coanty of Denton, State o. Texas out of the A.N.B. Tompkin I+ Survey in Denton County, Texas, and being more particularly desckibed a follows: i ;r BEGINNING at the southwest corner of a tract of land 'conveyed to W. H' Barnes and wife, Ruby Barnes by deed dated August 22, 1945 and cecordel I~1! in Volume , Page of the Deed Records of Denton County, Texas; P E1 THENCE north 72 feet along the east line of McCormick Street to a poin' I! for a corner; <<< THENCE east 150 feet to a point for a corner; THENCE south 72 feet to a point for corner in the north line of Orr-Ki Drive; ~i E 'h THENCE west along the north line of Orr-Kid Drive 150 feet to the plat , of beginning. I. TO HAVE AND TO HOLD the said premises, together with all and singular the right3, privi•• leges and appurtenances thereto in any manner belonging unto the said Marvin wills anal', j wife, Everee Godwin wills, their heirs and assigns, forever, so that neither the said the City of Denton, Texas, a Municipal Corporation, its successors noxx ,ia8hcg nor any person or persons cla: nine under it bhall, at any time here titer, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. L E .~t z = 5 our band at Denton, Texas this day of December A. D. 19B2 I EXAS D `Vit ^at; eat of, r or: _ Y ON, T gT•<< 8y: 'S ART Fgall5ir a•=;: v.^v . , c -.vv- . r. z. -_-saz.==~.v-_- =,-o-. --u,,.>.-o: M Bad SINGLE ACKNOWLEDGMENT 1182PbfE648 THE STATE OF TEXAS, Co,-VTY OF DENTON BEFORE 31E, the undersigned authority, in ar.a Ior said County, Texas, on thii day personally appeared. _ Richard 0 Stewart t.. flavor, of the C_ity of Denton, Texas known to me to be th~: person & who c aver i S_ subscribed to the foregoing instrument, and acknowledged to me that he.... . executed the same for the purposes and consideratio+. therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of. .De. etTlbel A.D. 13...8.2... nn.. JEANETTE=Tr piftbbPtTrns Noe, ,Denton .County, Texas IyfbostwwElpaYxc011'l9°S My Commission Expires June 1, 19..... SINGLE. ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and fcr said County, Texas, on th's day personally appeared known to me to be the person. whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19......... e o' Notary Public, .....County, Texas 3." r My Commission Expires June 1, 19.....__ 6% £aF 'OI(A AC NOWLL )GAIENT THE STATE OF TF~r 4f ct . E c' BEFORE ME, the undersigned authority, COUNTY OF..._ - ,.a_- N ' C in and for said County, Texaq on lbif &y r.----- -ep-- _known to me to be the person and officer whose name is subscrit?gd ote e Y'Il nd acknowledged to ma that the same was the act of the said a - - a corporation, and thal'- eke ted C i. f such corporation for the purposes and ronsideration therein y V expressed, and in the~a~cit,ya~et~m state GIVEN UNDER h11~ E~'J ANDS 'i ICE, -day oL___~ A.D. 19-__ L V O o C ti'+ °zda~pa Notary Public, - --County, Texas afy Commission Expires June 1, 19- CLERK'S CERTIFICATE THE STATE OF TEXAS, z,........................... Colmty COUNTY Clerk of the County Court, of said County, do hereby certify that the foregoing instrument of wtiting dated on the day of _ A. D. 19. . with its Certificate of Authenticatioa, was filed f r reeetd in my office on the day of-r- A. D. 19....... , at......._ o'clock M., and duly reeorded this.. day oL A. D. 19.........., at......... oclock-. M., in the ...............................................................Records of said County, in Volume....... ' - , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in -_.-._._.____A . the day and year last above written. County Clerk County, Texas. (L S.) By , Deputy. r I j A I t; d v t~ i i I b 0 H n 0 Z H X3l' t7' f` a . ~j(1 I u o ° " x VU << Irl coil O to H V xe < O z' - Oa 'S H i 3 w F O E+ Z OHCil J C rr- i' A ,.CA 2i 6 EA$.Ma NT, ' "~Q ~t~SPAarYCon A)~I+1 ~~e~cF7~.4 THE STATE OF TEXAS vnt l8 , ` KNOW ALL MEN BY THESE PRESENTS. COUNTY OF Denton DEED RECOFRA 36290 THAT Bob E. Tripp and David E. Tripp, Trustees for the Bob E. Tripp Trust No. 2 of Dallas County, Texas , in consideration of the sum of one dollar ($1.00) and no cents - - - - and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, set? and convey unto to the City of Denton, Texas , the free. and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by . Situated in County, Texas, in the B.B.B. & C.R.R. Survey, Abstract No. 186 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the D.B.B. & C.R.R. Co. survey, Abst. No. 186, and also being part of a tract of land as conveyed to Bob E. Tripp and David E. Tripp, Trustees by deed dated 12-29-79 and recorded in Volume 996, Page 376 of the Deed Records of Denton County, Texas, end more particularly described as follows: Beginning at the intersection of the north right-of-way line of Windsor Drive as described in deed recorded in Volume 1167, page 100 of the deed records of Denton County, Texas, with east right-of-way line of a street described in Volume 1166, page 22 of the deed records of Denton County, TX;'. Thence north 120 20' 30" west along the east right-of-way of said street-: a distance of 20.0 feet to a point for a corner; Thence south 510 20' 30" east a distance of 28.78 feet to a point for a . corner in the north right-of-way line of Windsor Drive; Thence south 770 39' 3011 west along the north right-of-way line of Windsor Drive a distance of 20.0 feet to the place of beginning and containing 0.0046 acres of land more or less. ~a ae '.j And it is further agreed that the said City of Denton, Texas , s< in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. Forthepurposeof construction, installing, repairing and perpetually main- taining drainage facilities s~ in, along, upon and eJ ~ , across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said •b9 premises for the purpose of making additions to, improvements on and repairs to the said drainage facilities or, `i any part thereof. ' TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. ~ • ; t Witness our hands , this the iTl2 &cxlY Day of y4r-i.,4 BWR . A. D. 1981..E . l Bob Tri , T u tee' DavfcE.Tripb,"'Trustee l l< tc3.9nfkC~Ff~,~„bt0,4f9A,C4E;0,, ,5~tOG;O,!l'nA,O,CC,.,3,C,~~eCtC' i!®e~,d,~ 4,~ ~itOw CD„J„%i ',6G1+3;Ct,G G„GtVU 0t''vUifit„C; J ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF to i.LG.:i } BEFORE ME, the undersigned authority, on this day personally appeared bC1_V l b_ . F TRI PP_ , 0.N lgp8 TPt.p/'. known tome to be the persons' whose named (xf'L subscribed to the foregoing instrument d g The y executed the same for the purposes and consideration therein expressed. t It t GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 1`{ t} day of (L S.) C20 .hl. Notary Public in and f r the State of Texas.I My Commission Expires ACKNOWLEDGMENT'' THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF . . _ - J on this day personally appeared . . . known tr me to he the person _ whose name subscribed to the foregoing instrument, and acknowledged to me that _ he..._ executed the same for the purposes and consideration therein expressed. GIVEN UI4DER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19...... i L. S.) _ Notary Public, in and for the State of Texas. My Commission Expires _ . CORPORATION ACKNOWLEDGMENT THE STATE, OF TEXAS, BEFORE ME the undersigned y, authorit COUNTY OK. . -I on this Say personally appeared_.__----- - _ - known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to rae that the same was the act of the said _ - - a corporation, r.nd that he executed the same a9 the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This-.._ .............-.-day A.D. 19........ (L.s.) - Notary Public, in and for the State of Texas. _ My Commission Expires CLERK'S CERTIFJCAT3 THE STATE OF TEXAS,- I,. , County COUNTY OF... . Clerk of the Courty Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of_ A. D. IS.. with its Certitlette of Authentication, was filed for record in my office on the ...................day of A. D. 19. . , at.......... o'clock,...., M., and duly recorded this.. _..........dq of.- .A. D. 19.........., at- o'clock,___ M., in the _ Records of said County, in Volume.... , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office !n. , the day and year last above written. County Clerk..... County, Texas. (L. S.) By, _ Deputy. P4 C4 i H ~ j I of ~ a a ~ !'w ~d w yi f R A a a a bl I Nj I i j I I P 0 f f j { I s4 ! i 0. A f:j if ' 04 "f In ! I %0 Q) W E-4 0 A H i I E j v04 8 PACE j~ 1 'YUG i t~j so l F. VOL 1189 N, G E716 f HEAL'- (SEE DE TAIL) i 3710' f 24.'R C P ct ! OC / I E T N04 1-S SPECLEL 'r~E 2 > gSTA 34+45 T/C 693 C4 688.55 FL ,niLi,•,ES,48aC) 68830 FL oath ?fE C.;) ',3+ v fi-- _ n 3~+of .8 - INLET N0.3 1-4 ~ STA 34+45 T/C 692.44 689 CO FE out 1 i~~ ~9~dZ~~ ~ 70,1 O -erg o a+C: ,J r l) ` r,L. O nr a~0 Co m N. o n r "I'l C7 d m 8 Sic 17 C-. a6 0 ` In C ~ N O ~ f ~ ! K o 3 a to ~ ti O n N 1. 3 o c ~ N 4 ~oV' 1 1 1 • 1 • CONFERS NO RIGHTS UPON THE CERTIFICATE ~Oftli • 1• 1 1 ALTER 1 AFFORDED'_11i THE POLICIES LISTED BELOW NAVE AND ADCRESS OF AG(NCY RAMEY, KING 6.4INNIS INSURANCE COMPANIES AFFORDING COVERAGES 707 FIRST STATE BANK BUILDING COMPANY A LETTER DENTON, TX 76201 HOUSTON GENERAL COMPANY' B LE17ER NAME AND AE'OR(5S L)F INSURI.D - COMPANY CMC PARTNERSHIP rTTER 404 WEST OAK CGMP„N, DENTON, TEXAS 76201 LETTER COMPANY LETTER This is to ceri that policies Of ipsUrari listed belo'AI have been issued to the insured named above and are In force at "is time. Notwithstanding any rJQulremeot, term or condition of any contract or other document with rasped to which this certificate may be issued or may pertain, the insurance afforded ty the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits o f abllit In oussn s COMPANY TYPE OF INSURANCE POLICY NUMBER P,JLICY E LEI TER fAPiRA710N DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY I S ❑ r6MPRFHFNGIVF FORM ❑PPIEIi-OPERATICN5 PROPERrY CAMAGE I f ❑ {APLOSION AND COLLAPSE HAZA RU ❑ UNLERGROUND HAZARD ❑ PRODIKTSICOMPLETED OPERATIONS HAZARD Eii INJURY AND ❑ CONTRACTUAL INSURANCE PROPERTYDAMAGE I S ❑ BROAD rORM PROPERTY COMBINED DAMAGE ❑ INOt PENDf Nt CONTRACTORS ❑ PERSCNA1 INJURY P(RSON 4L INJURY S AUTOMOBILE LIABILITY Boom INJUPY s (EACH FERSON) ❑ COMPREHENSIVE FORM BODILY INJURY I (EACH ACCIDENT) D'wNF D PROPERTY DAMAGE I t AIRED ❑ NON OYrNED BODILY INJURY AND PROPERTY DAMAGE I EXCESS LIABILITY BODILY INJUPY AND ❑ UMBRELLA FORM nPOPERr DAMAGE t f ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STA7 TORY A and 5WC163254 11/13/83 I EMPLOYERS' LIABILITY inn LCI A clnTNn OTHER (I I 1, I i DESCRIPTION OF OPERATIONSVOCATIONSNEHICLES JANi0 19831983 Cancellation: Should any of the above described policies be cancelled before the expiration date thereol, the issuing com- pany will endeavor to mail .10- days w,itlen notice to the below named certificate holder, but failure to rr.ail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER. DATE IssuED December 27, 1982 CITY OF DENTON MUNICIPAL BUILDING DENTON, TEXAS 76201 RAMEY KING 6 MINNIS INSURANCE AUTHORIZED REPRESENTATIVE ACORD 2 5 (1-79) M r r r r r ~~d1 .r . , r r' r r•r , •r . r NAME AND ADDRESS OF AGENCY RAMEY, KING 5•74INNIS INSURANCE COMPANIES AFFORDING COVERAGES 707 FIRST STATE 6ANK BUILDING coMPANr iA DENTON, TX 76201 LErTER HOUSTON GENERAL COMPANY LETTER NAME AND ADDRESS OF INSURED COMPANY CMC PARTNERSHIP LETTER 404 WEST OAK COMPANY D DENTON, TEXAS 76201 LETTER COMPANY LETTER This iq to to" that k-Akies of insurance listed below hays been issued to the insured named above and are in Neu at this Dms. Notwithstandin`` any rre!q~uirement. term or condition of any c miract or other ;kcumenI with respect to which this certificate maybe issued or may pertain, the insurance afwdad by the polices descr bsd harem is subject to am the terms, exclusions and conditions of such policias. COMPANY POLICY Limits 0 a I In Thousands LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY s t ❑ COMPREHENSIVE FORM ❑PREMISES-OPERATIONS PROPERTY DAMAGE f s " ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PROOUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE f ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY f AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) I ❑ COMPREHENSIVE FORM DOWLY INJURY 1 ❑ OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE S ROOMY INJURY AND NO"WNED PROPERTY DAMAGE S COMBINED _ EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE s s ❑ OTHER TH AN UM BRELLA COMBINED FORM WORT' ERS' C OM PENSATION STATUTORY A and 5WC163254 11/13/83 EMPLOYERS' LIABILITY ' uACHACC OrNn OTHER DESCRIPTION OF OPEAATIONyLOCATIONSNEHICLES JAN 1 0 1°83 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pr ny will endeavor to mail .11) _ days written notice to the below na, ed certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon We company. NAMEANDADDRESSOFCEFRd%CATCHOLOER DATE ISSUED.. December 27. 1982 CITY OF DENTON MUNICIPAL BUILDING DENTON, TEXAS 76201 RAM, KING d MINNIS INSURANCE AtRHOR tE0 REPRESENTATIVE ACM 25 (11•79) ~ ~ m ~ ~ ~ ~ ~ p~ ~ v i r~ BID 0 9078 CONTRACT NO. 9078 POSE INSPECTION AND TREATMENT AGREEMENT THIS AGREEMENT made and entered into this day of 19 by and between CITY OF DENTON, TEXAS Hereinafter called 'OWNER" and CENTRAL UTILITY SERVICE, INC. Here nafter called °CONTRACTOR" WITNESSETH: For the consideration hereinaft.pr named, and subject to the terms and conditions set forth, the Owner and the Contractor mutually agrees as follows: 1. Contractor agrees to inspect and treat SYP creosote treated utility poles, at such time and place as may be designated by authorized representatives of the Owner. 2. Contractor shall, at his own risk and expense perform promptly and diligently all authorized work in a good, proper, and workmanlike manner in accordance with the specifications set forth in the attached 'EXHIBIT A" and entirely satisfactory to the representatives of the Owner. 3. All labor, tools, equipment, transportation, and materials shall be furnished by the Contractor and they shall be of high quality in every respect. Contractor's employees shall wear suitable work uniforms, and be as clean and in as good appearance as the job conditions permit. They shall be expected to conduct themselves in an industrious and a courteous manner. Contractor's equipment shall be kept in neat appearance and in good operating condition at all times. Modern tools shall be used and kept sharp and in working order. Adequate first-aid supplies shall be part of the standard equipment of all vehicles. C-1 BID 3 4078 4. CONTRACTOR'S INSURANCE: The Contractor, before starting work for the City, must furnish to the City Certificates of Insurance or other acceptable evidences from a reputable insurance company or companies (such companies to be acceptable to the City) licensed to write insurance in the State of Texas, showing that the Contractor is covered by the insurance as follows: (1} Statutory Workmen's Compensation and Employer's Liabilit insurance, In the event an work is sublet, e Contractor shall require the subcontractor similarly to provide the same coverage and shell himself acquire evidence of such coverage on behalf of the subcontractor. (2) General Public Liability Insurance with limits for bodily injury of not ess than 300,000/$500,000 and for property damage of not less than $100,000. The policy shall be on the comprehensive general liability form, and shall include coverage for acts of independent contractors. (3) Automobile Public Liability Insurance with limits for bodily injury liability of not less than 1250,000/$500,000 and for property damage of not less than $100,000 on all self-propelled vehicles used in connection with the contract, whether owned,, non-owned, or hired. (4) Owners Protective Liability with limits for bodily injury of not less than $300,000/$500,000 an(! for property damage of not less than $100,000, naming the City of Denton as an additional insured and providing that in the event of an occurrence covered by t:ie terms of such policy, the coverage afforded by such policy to the City of Denton as additional insured is and shall be rrimary. The certificates of insurance furnished to the City shall contain a provision that coverage unde,• such policies shall not be cancelled or materially changed until at least 3.0 days prior written notice has been given to the amity. 5. Bidders shall submit with bid a list of similar work done in the past five years. 6. On award of the Contract, the successful Contractor shall furnish both a Performance Bond and a Statutory Payment Bond. The Performance and Payment Bonds, executed by the Contractor shall be a guarantee that the work will be completed as required by the Contract and shall guarantee the payment of all obligations arising thereunder. The Performance and Payment Bonds shall each be in an amount of at least equal to 100% of the Contract Price and in such form and with such sureties as are acceptable to the Owner. C-2 BID # 9078 7. Contractor shall take necessary safety precautions to protect human life, public and private property. No work shall be considered satisfactory unless it is done safely and without accidents. Contractor shall be solely responsible to use approved safety methods in the performance of all work to protect his employees and/or other persons. Necessary guards and protective devices shall be used at all locations where work is done. B. Discharge of Employees: Any employee of the Contractor who should prove to be uncooperative, quarrelsome, dishonest, incompetent, Inexperienced, or should not work for the best interests of the Owner and the job, shall upon written notice from the City be removed by the Contractor and replaced by an employee with proper qualifications acceptable to the Owner. 9. The Contractor shall determine in advance the nature of all circuits involved. It is mutually understood that the circuits of the Owner are intended to continue in normal operations at all times and the Contractor shall carefully guard against interfering with the normal operation of such circuits. 10. Contractor shall promptly remove all equipment upon completion of the work at each location, and shall dispose of all brush and debris in conformity with ordinances and regulations and to the satisfaction of the property owners. 11. INDEMNIFICATION: The Contractor and his sureties shall defend, Inds em fy~and--save harmless the City and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorne,,'s fees expense brought for or on account of any injuries of damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work or through the use of unacceptable materials in constructing the work, or by or on account of any act or omission, neglect or misconduct of the said Contractor, or by or on account of any claims of amounts recovered under the Workman's Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by the City may be retained for the use of the City, or in case no money is due, his sureties shall be hald until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to the effect furnished the City. Contractor and his sureties shall defend, indemnify and save harmless the City, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by tre City, its officers, agents or employees. C-3 BID k 9078 12. Contractor shall at his own expense take out and maintain at all times during the performance of any work under this agreement such public, contingent, and employer's liability insurance in types and amounts acceptable to the Owner as will adequately protect the Contractor and the Owner from claims or suits for injuries or death to persons or damages to property arising out of or in any manner connected with the performance of any work under this agreement. Contractor shall furnish the Owner satisfactory Certificates of Insurance before any work is started. 13. Contractor shall comply witL all Federal, State, County, Municipal, and/or other laws, ordinances, rules, and regulations applicable to the performance of any work under this agreement and shall secure and pay for all governmental licenses, deposits, or fees required. Contractor accepts exclusive liability for and agrees to properly comply with all governmental requirements in regard to deductions and payment of Social Security Taxes, Withholding Taxes, Unemployment Compensation Contributions and any other similar taxes or contributions Contractor shall remit to proper governmental authorities all sales or use taxes applicable to materials or equipment furnished. Contractor agrees to save harmless and indemnify the Jwner from and against the payment of any and all sums of money by failure of the Contractor to comply with such laws or requirements. 14. Contractor agrees to save harmless and indemnify the Owner from and against any claims, liens, or suits, for labor or other items furnished by the Contractor. 15. Contractor shall obtain and be responsible for securing the necessary consent or permission of the proper authorities and/or property owners or their authorized agents before performing any work, unless such consent has been obtained by the Owner and furnished to the Contractor in writing. Should permission be refused, the Contractor shall exert all reasonable effort to overcome the objection and at the same time retain the good public relations of the Owner, which shall be giver dueand practicable consideration at all times. If permissiv.-n is still refused, a report shall be submitted to the Owner shuwing the name and address of the property owner and the amount of work needed. Complaints received from property owners or others shall be promptly reported by the Contractor or the Owner, together with a report of the actions taken by the Contractor to settle such complaint. Contractor agrees to save harmless and indemnify the Owner °rom and against the payment of any and all sums of money by failure of the Contractor to secure permission before performing any work. C-4 f I Page -2- ( that the City was, at the time of the adoption of the i Ordinance and is, as of th13 date, legally incorporated; 3 (2) That annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due, and as such principal matures, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limit prescribed by law; and that the Certificates are addi- tionally secured by and payable from the surplus revenues derived by the City from the ownership and operation of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system remaining after payment of all amounts required to be paid under the ordinances authorizing any bards or other obligations payable from Utility System revenues now outstanding or hereafter issued; (3) That the Ordinance is in proper form and was legally adopted; (4) That the Certificates are proper in form and in accordance with the Ordinance. IT IS MY JUDGMENT, and I so find, that all of the require- ments of the laws under which the Certificates were issued have been met; that the Certificates were issued in conformity with the Constitution and laws of the State of Texas; and that the Certificates are valid an(. binding obligations of the City of Denton, Texas. WHEREFORE, the Certificates are hereby approved. IN TESTIMONY WHEREOF, 1 have hereunto signed my name I officially and caused the seal of my office to be impressed ( hereon, in the City of Austin, Texas. ney-Gener 1 the State o texas No. 19337 Book No. 75 ss I I i OFFICE OF COMPTROLLER OF THE STATE OF TEXAS 1 II I I, Bob Bullock, Comptroller of Public Accounts of the State of Texas, do hereby certify that the attachment is a true and correct copy of the opinion of the Attorney General approving the. City of Denton Certificates of Obligation, Series 1984 I numbered consecutively from R'1 to R"2 of the denomination of $ 275,000 _ each, dated January 15 19 84 ,due See foregoing interest _ 8 percent, under and by authority of which said bonds were registered in this office, on the 21st day of February 19 84 as the same appears of i record on page 163 Bond Register of the Comptroller's Office, Vol. 85 Register Number 47683 Given under my hand and seal of office, at Austin, Texas, the 21st _ day of February _ 19 84 80B BULLOCK Comptroller of Public Accounts State o' Texas M 73.116 OWo: (Rev. 5.82) ( r I 1 1 6 - e OFFICE OF COMPTROLLER ~ OF THE STATE OF TEXAS E Betty Mel ber - 13 Bond Clerk 0 Assistant Bond Clerk in the office of the Comptroller of the State of Texas, do hereby certify that, acting under the direction and authority of said Comptroller on the 21 st day of _ February 19 84 I signed the name of said Comptroller to the certificate of registration indcrsed dpon each of the City of Denton Certificates of Obligation, Series 1984 numbered from R-1 to R-2 inclusive, dated January 15, 1984 and that in signing said certificate of r istration I used the following signature: IN WITNESS WHEREOF I have executed this certificate this 21st day of February ,19 84 I, Bob Bullock, Comptroller of Public Accounts of the State of Texas, do hereby certify that the person who has signed the above certificates was duly designated and appointed by me as Bond Clark in the office of the Comptroller of Public Accounts of the State of Texas under 3.ithority v?sted in me by Tex. Rev. Civ. Stat. Ann. art. 4362 (1969), with authority to sign my , name to all certificates of registration, and/or cancellation of bonds required by law to be registered and/or cancelled by me, and was acting as such on the date first mentioned in said certificate, and that the bonds described in said certificate have been duly registered in the office of said c Comptroller, as appears of record on page 163 of volume 5T_ under Registration Number 4!E S3 in the Bond Register kept in the office of the said Comptroller. GIVEN under my hand and seal of office at Austin, Texas, this .-21st day of F e'z r _r a r 4 . 19 BOB BULLOCK Comptroller of Public Accounts of the State of Texas NO-ARBITRAGE CERTIFICATE THE STATE OF TL,,XAS COUNTY OF DENTON CITY OF DENTON The undersigned, being the duly chosen and qualified Mayor, City Manager, and Director of Finance, respectively, of the City of Denton, Texas (the "City") hereby certify with respect to that issue of City of Denton Certificates of Obligation, Series 1984, dated January 15, 1984, in the principal amount of $550,000 (the "Certificates"), as follows: 1. that we, along with other officers, are charged with the responsibility of issuing the Certificates and expending the proceeds of the Certificatas. 2. that this certificate and covenant are made pursuant to Sections 1.103-13, 1.103-14, and 1.103-15 of the Income Tax Regulations (the "Regulations") of the internal Revenue service with respect to arbitrage bonds as described in Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code"), and the words and phrases used herein have the same meanings as defined and used in the Regulations. 3. that this certificate is based on facts, estimates, and circumstances in existence on the date of this certificate, which is the date of issue of the Certificates, and on such basis it is reasonably expected that the following will occur with respect to the Certificates, and, to the best knowledge and belief of the undersigned, such expectations are reasonable: (a) that the Certificates are issued for the purpose of paying all or a portion of the City's contractual obligations to be incurred for street i improvements in the City and professional services of J ` engineers, architects, attorneys, and financial I advisors in connection with such street improvements ` and the Certificates; i (b) that the City will incur, within six mor.,.ns after the date of issue of the Certificates, binding obligations to commence the project to be financed by the Certificates, either by entering into contracts for the construction of such project to be financed by the Certificates, or by entering into contracts for architectural or engineering services for such project, or contracts for land acquisition, site development, purchase of construction materials, or purchase of equipment, for such project, or in case of services, will commit itself to make an equivalent expenditure for similar services by employees of the City, with the amount to be paid under each such contract and i commitment with respect to such project to be in excess of two and one-half percent of the portion of the amounts received from the sale of the Certificates allocated to such project (with the aggregate amounts to be paid unde, all such contracts to be in excess of two and one-half percent of all the amounts received from the sale of the Certificates); ! (c) that after entering into said contracts or making such commitments, work on such project will proceed promptly and with due diligence to completion; ohm (d) that all of the amounts received from the sale of the Certificates and all investment in;ome derived therefrom will be expended for the purposes of the Certificates by the end of the three-year period beginning on the date of issue of the Certificates; (e) that none of the am(-,unts received from the sale of the Certificates will be placed in a reserve or replacement fund, and, except as provided in (f) and ' (g), bel.:)w, none of the amounts received from the sale fr, of the Certificates and none of the proceeds of the Certificates of any kind will either (i) be placed ina reserve or replacement fund, or (ii) be used directly or indirectly to replace funds which were used directly or indirectly to acquire any securities or obligations of any kind; I i (f) that a separate and special "Interest and Sinking Fund" has been created and established solely to pay the principal of and interest on the certificates, with a portion of such fund constituting a bona fide debt service fu--id fnr the Certificates, and money deposited into the "Interest and Sinking Fund" for the Certificates will not be invested except during the thirteen month period beginning on the date of each such deposit of money, and the amounts received from the investment :f money in the ".Interest and Sinking Fund" will not be invested except during the one year j period beginning on the date of receipt of such , amounts; provided, however, and except that, if any money so Oeposited, and any amounts received from the investment thereof, are accumulated in the "Interest and Sinking Fund" and remain on hand in the "Interest and Sinking Fund" after thirteen months from the date of deposit of any such money or one year after the receipt of any such amounts from the investment thereof, such money and amounts, to the extent of an aggregate not exceeding 15% of the original face amount of the Certificates (with the Certificates having been sold at face value or par), shall constitute a reasonably required debt service reserve fund for the Certificates, and may be invested, and will not be subject to investment yield restrictions, and shall constitute a separate portion of the "Interest and Sinking Fund"; (g) that it is expected that a portion of the "Interest and Sinking Fund" will be used primarily to achieve a proper matching of tax and Utility System revenues collected for the certificates and debt service on the Certificates ,7ithin each Certificate year, and it is expected that such portion of the "Interest and Sinking Fund" will be depleted once a year on a first in - first out basis, except for a possible I-arryover amount which will not exceed the greater of one year's earnings on such fund or 1/1z of annual debt service payable from such fund, but any money and amounts which may be accumulated in the "Interest and Sinking Fund" to constitute a debt service reserve fund for the Certificates described in (f), above, shall constitute a separate portion of the "Interest and Sinking Fund", and will not be depleted annually, and will not be subject to yield rest"ic- tions; provided that in no event will such debt service reserve fund portion of the "Interest and Sinking Fund" ever exceed 15% of the original face amount of the Certificates; (h) that except as provided in (f) and (g), above, no roney or amounts will be held or accumulated in or invested from any sinking fund, debt service 2 e ~ r~ fund, redemption fund, reserve fund, replacementbe. :unel, or similar fund which is reasonably expected to sd to pay principal or interest on the Certificates; M that the project to be financed by the Certificates will not be sold or otherwise disposed of, in whole or in part, prior to the final maturity of the certificates; (j) that the amounts receive.: from the sale of 0,3 Certificates will not exceed the amounts necessary for the governmental purposes of the Certificates; (k) that the City has not been notified of any listing of it by the Internal Revenue Service as as issuer that may not certify its Certificates. 4. that it is not expected that the proceeds of the Certificates will be used in any manner that would cause such obligations to be arbitrage bonds under Section 103(c) of the Code and the Regulations prescribed under that ' Section, and it is further specifically covenanted that the proceeds of the Certificates will not be used directly or indirectly so as to cause all or any part of the ( Certificates to be or become arbitrage bonds within the R meaning o.' that Section or the Regulations prescribed by that Section. 5. that to our best knowledge and belief there are no i~ other facts, estimates, or circumstances that would materially change the foregoing conclusions or statements. EXECUTED this FEB 2 8 1984 I~ .a r C: Vent/on i City Manager, i en n C /w Assistant to the Director of Dina ce, City of Denton (CITY SEAL) t 3 OPIti:~ON OF BOND COUNSEL Based on our examination of law and review of the above certification and the covenants with respect to arbitrage contained in the Ordinance authorizing the Certificates described in such certification, it is our opinion, as Attorneys at Law and Bond Counsel to the City that the facts, estimates, and circumstances are sufficiently set forth in the certification to satisfy the criteria which are necessary under Section 103(c) of the Internal Revenue Code of 1954, as amended, and Sections 1.103-13, 1.103-14, and 1.103-15 of the Income Tax Regulations of the Internal Revenue Service with respect to arbitrage bonds, to support the conclusion th4t the obligations of the issue of Certificates described in the above certification will not be arbitrage bonds within the meaning of said Code and Regulations. Further, it is our opinion that the Certificates described in the above certification are not arbitrage bonds within the meaning of said Code and Regulations. ..-s~....5/ t i 1 MCCALL, PARKHURST HORTON ATTORNEYS AT LAPI 900 DIAMOND SHAMROCK TOWER DALLAS, TEXAS 75201 I I i 6 V 4 I SIGNAT:TFE IDENT , _ Irl_C1':fIOA AND NO-LITIGATION CERTIFICATE TdE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned, hereby certify as follows: (a) That this certificate is executed and delivered with reference to that issue of CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984, dated January 15, 1984, in the principal amount of $550,000 (the "Certificates"). (b) That we officially executed and signed said Certificates by causing facsimiles of our manual signature, to be imprinted or lithographed on each of sad Certificates, and we hereby adopt said facsimile signatures as our own, respectively, and declare that said facsimile signatures constitute our signatures the same as if we had manually signed each of said Certificates. (c) That said Certificates are substantially in the form, and have been duly executed and signed in the manner, prescribed in the ordinance authorizing the issuance of said Certificates. (d) That at the tine we :.o executed and signed said Certificates we were, and at the time of executing this certificat., we are, the duly chosen, qualified, and acting officers ~ated therein, and authorized to execute the same. (e) That no litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of said Certificates, or which would affect the provision made for their payment or security, or in any manner questioning the proceedings or authority concerning the issuance of said Certificates, and that so far as we know and believe no such litigation it threatened. (f) That neither the corporate existence nor boundaries of said issuer is being contested, that no litigation has been filed or is now pending which would affect the authority of the officers of said issuer to issue, execute, and deliver said Certificates, and that no authority or proceedings for the issuance of said Certific have been repealed, revoked, or rescinded. (g) That we have caused the official seal of said issuer to be impressed, or printed, or lithographed on each of said Certificates; and said seal on said Certificates has been duly adopted as, and is hereby declared to be, the official seal of said issuer. EXECUTED and delivered this FEB ? 8 111)84 itANUAL IGNATUFES OFFICIAL TITLES Mayor 1_!!f City Secretary The signatures of the officers subscribed above are hereby certified to be true and genuine. (BANK SEAL) First State Bank of Denton Bank By ep, Authorized officer illipplim! S ` `l f (r '~f 3 REGISTERED • ' ; , , ~r, AI,~r r 1, STATE OF TEXAS COUNTY OF DENTOI`, Ctg of Dentott Cr'ertiftrate of @[iiigiutivIl F57FREST RIrE SERIES 1984 V4TTRIry Dtra eER7lRr'.176 Dlra 8% JANUARY 15, 1984 JANUARY 1S, 1984 ON THE MATURITY DATE sfecified above, THE CITY OF DENTON, in Denton County, Texas (the "Girl'). betr t a political subdivision o{ i (Hereinafter ui led the "registered owner") the principal amount of and to pay interest thereon from January 15, 1984, un January 15, 1995 and semiannually on each for this Certificate. The payment of interest of July IS anc January 15 thereafter to the maturity date specified above, or the date of redemption Registrar to the registered owner hereof on cat 1 prior to maturity, at the interest rate per annum specified above, except that it this Ccnifi rate is re- of such interest payment date, drawn by the quired to be authtnticated and the dati, if its authertication is later than December 51, 1404, such funds of the City required by the ordinance a principal amount shall bear interest (rem the interest payment date next preceding the date of authen- tificate Ordinance') to be on deposit with the eclrtion, unless ouch date of authentication is after any Record Date (hereinafter defined) but on or alter provided: and such check or draft shalt be,ore the next following interest payment date, in which case such principal amount shall bear inter- States Mail, fine-class postage prepaid, on earl ' tit from such next -ollowing interest payment date; provided, however, that if on the date of authen- hereof, at its addicts as it appeared on the lass ticatinn hereof the interest on the Certificate or Certifica-es, if any, for which this Certificate is bei.tg date (the `Record Date") on the Registration exchanged or converted !tom is due but bas net been paid, then this Certificate shall bear interest from after described. Any accrued interest due at nt~ • t):c date to which such interest has been paid in full. to maturity as provided herein shall be ai deal ' THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of of this Certificate for redemption and pa ayment, the United States of America, without exchange or collection chargn. The principal of this Cernfl- Agent. Registrar, The City covenants with the \ •~,r cite shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at each pGncipal payment date, interest payment d ' maturit or t.pon the date fixed for its redemption prior to maturity, at the principal corporate trust tale it rdll make available to the Paying Age office orthe first State Bank of Denton, Denton, Texar, which is the "Paying Agent/Regist:ar" c J.' IN WI FNESS WHEREOF, the City has caused this Certificate to he signed with thr factimile signature of the Mayor of the City and countersi~ of the City, and has caused the officio[ seal of the City to be duly impressed, or placed in facsi'nile, on this Certi5cate. ` ~ flllSL If,S 17/REGISTR IR'S 1l7 Dl1T11:If7t a\' e[RTlF1C fTE (To he executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) - of la A...by rrrslftrd come W. Frrtir4rare Arr brrn (".I'd rnCrr the pro rlaium of a', ('rr Np ra rr o,,i arrr dram Ard on rhr Jrrr of thi, Crriifratrt and that ifir if mill,wi, Au nst• 1, brra h•Yrd In eon err dun , r nplerrn,ere o/, or i. rarAan Ze for' • rnri)4rtr, rrrtilir.1", or - y`DZ Df,y 'tt , • ymtiu of a rI( al or rtrt nJ • Sort re r.irA orif(ned7v err apprrn'd by II G~,: ~O t'r n • 1hr r. 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V 1. , a '1 I . • arJ, •l1 I 'I 1 J } Ill V Ali' A 6 1 V f },I '6 VI I' 4 I' A d fl ) y' ? 1'I II F 4 'H t ,y r 'Ar G F. V 'V A r t Jl 1 I' 4r l.Ilrl V I F V1. } i } '.1._ V } x }V } d d ' 1 1 L C '1 6 1 'H ,6 f l , 1 a i ! y If u 4 r Y e ♦'P y av to t 1 , 1' "y J , I I 1 - IJ J r AI I Y t o .y . A A , u 1sT' i V` lw u+ A 'A V V l t l 'A rp -q Ill r6 IF } Y 1 w J V1}l V1 ul ' f 1 J' \ 1, p, 11 1 n i v' 1 J v v 1 1 uvl V i 1 ,aArd 113zva 3111 d1 lug I. .r:y..I a0 .aur I a.uu + , u r .♦v I Iu..'J.'1 I I ,+y u.9 .I w u .'.uAr.1w ~ „ ~ Ir d I II ! I" I "V A[ P,w ryr rl a, r t e pa r~ a P a u uq O a2.J'.:uJ A:{ Ir.rau 1 \pV1 NO VI Ur~.I~C] AIYVrryryY• jVNa,y~Y Y.W+,aMi.Y,.M.",~w......,.w.u Ifva.}a.Y\+°,r.r.. .+.✓I. raaYwYew~,~a'w..AUU.v,♦-.v.a..: r. r r♦. 1.11.111 +.r. . ° ~ ~ ~ S RECEIPT THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON The undersigned hereby certifies as follows: (a} That this certificate with reference is execut ed and delivered to that issue of CITY op r OF OBLIGATION, SERIES 1984, dated DENTON CERTIFICATES `x principal amount Ja of $55G,000 (the "Cert rti~icatesn~984, in the (b) That the undersigned is qualified, and acting Treasurer the duly chosen, Certificates. of the issuer of said (c) That all of said Certificates have been the purchaser thereof duly namely: e:'3o9° FIRST STATE BANK OF DENTON 1 (d) That all of said Certificates have been in full by said purchaser concurrently paid for certificate and t Y with delivery of this N, issuer of said '~•'"'s-° received, and herebyeacknowledges recei t eofificates has p the agreed s=a=; .'°'R purchase price for being the said Certificates . ;3;-. =xa' principal amount '1 par or thereof and any accrued date of delivery. interest to the ?yc~3o;°= EXECUTED and deliv eyed this FEB > b 1984 _:i.`~7e3s T SAS RER Z~ (ASSISTAN TO THE DIRECTOR OF FINANCE - CITY OF DENTON) - - t LAW OFFICES MCCALL, PARKHURST & HORTON 900 OIAMOND SHAMROCK TOWER DALLAS, TEXAS 7S201-6S87 AREA COLE Zia 748.9501 Trt[COa1[n. 214 160. 2019 FES 2 8 1954 CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984, DATED JANUARY 15, 1984, IN THE. PRINCIPAL AMOUNT OF $550,000 AS BOND COUNSEL for the issuer (the "Issuer") of the certif- icates described above (the "Certificates"), we :eve examined into the legality and val-*Jity of the Certificates, which kear nterest from the dates specified on the face of the Certi.f.LcatI,s, until maturity or redemption, at the rate of 9% per annum, and mature on January 15, 1989, with the Certificates being redeemable prior to their scheduled maturity on any date, in accordance with the terms an; conditions stated in the text of each of the Certificates. WE HAVE EXAMINED the applicable and pertinent provisions of the Constitution and laws of the State of Texas, and a transcript of certified proceedings of the Issuer, and other pertinent instrum,~:its authorizing and relating to the issuance of the Certificates, including one of the executed Certificates (Cer- tificate Number R-1). BASED ON SAID EX,`141 O?1, IT IS OUR OPINION that said ' Certificates have been ai:thorized, issued, and delivered in accordance with law, and constitute valid and legally binding genaral obligations of the Issuer; and that the interest on and principal of said Certificates are payable from ad valorem taxes, within the limit prescribed by law, levied upon all taxable property within the Issuer, and are additionally secured by and payable from the surplus revenues derived by the Issuer from the ownership and operation of the Issuer's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system remaining after payment of all unounts required to be paid under the ordinances authorizing any bonds or other obligations payable from Utility System revenues now outstanding or hereafter issued. ALSO, IT IS OUR OPINION that the interest on said Certif- icates is exempt from federal income taxes under existing statutes, regulations, published rulings, and court decisions. WE HAVE ACTED AS BOND COUNSEL for the Issuer for the sole purpose of rendering an opinion with respect to the legality and validity of the Certificates under the Constitution and laws of the State of Texas, and with respect to the exemption of the interest on the Certificates from federal income taxes, and for no other reason or purpose. We have not been requested to investi- gate or verifyr and have not investigated or verified, any records, data, or other mater'al relating to the financial condition or capabilities of the Issuer, and have not assumed any responsibility with respect thereto. We have relied solely on information and certificates furnished to us by the Issuer with respect to the current outstanding indebtedness of, and assessed valuation of taxable property within the Issuer. Respectfully, Irl M IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN TlIE STATE OF" 1'EXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record-Chrouicle, a newspaper of geneval circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the atiarhed notice, and that the said notice was published in said paper on the following dates: ordinance: No 83-137 prohibiting parkine an w 18 lines $14.40 - DECEMBER 129 14 14 Subscribed and sworn to before me this day of DECEMBER I9 83 Fitness my hand and official seal. Notary Public, Dento unty, Texas IIE;RF. PASTE THE \O'FICE B) CATION CUT FROII PAPER IN THE: MATT Ell OF TIIE a PUBLIC NOTICES ORDINANCE NO. 0437 I AN ORDINANCE PRO- HISITING THE PARKING _ OF VEHICLES ON THE - NORTH SIDE OF WEST PRAIRIE STREET BE- TWEEN AVENUE "E"AND THE ENTRANCE TO THE NORTH TEXAS STATE UNYVERSITY PHYSICAL PLANT; PROVIDING A AFFIDAVIT OF P[)TBLISHER TO SEVERABILITY CLAUSE; PROVIDING A PENALTY PUBLICATION OF LEGAL NOTICE: NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EF- FECTIVE DATE OF DE- t CBMBER20,190. FiledIhe- _ day .19 By_ Deputy F NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE NORTH SIDE OF WEST PRAIRIE STREET BETVIEEN AVENUE, "E" AND THE E14TRANCE TO THE NOR'T'H TEXAS STATE UNIVERSITY PHYSICAL PLANT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED r DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENPON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton to-wit: The north side of West Prairie Street 1 een Avenue "E" and the entrance to the North Texas Stat,_ University Physical Plant. ' SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necessary to stop a a: vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SIECTI ON_ i I I . Any person adjudged guilty of parking a vehicle in violation z of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if any section, subsection, paragraph, santence, clause, r phrase or word in this ot,9inarce, or application thereof to any ~ a iz. person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted st:ch s ~ remaining portions despite any such invalidity. x } 1 PAGE ONE 7,771 17 - 1:1,17 77 pt yy L ~i " t a 6o a rv „ 'C, 7 r ~ 9ro 7 Nls lw~ A~~'-sf'7,'Y;;, _.1: , '`_~~1 , SECTION V,_ { That this ordinance: shall become effective fourteen (14) days from tha date of its passage, and the city Secretary is hereby ' directed to cause the caption of this ordinance to be published S twice in the Denton Record-Chronicle, the official newspaper of ' the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _6i--day of i ; 1983. C D O. TEWAR MAYOR CITY OF DE ON, TEXAS ATTEST: ' CHARLOTTE ALLEY, CITY SECRETARY CITY OF DENT'ON, TEXAS x R t' APPROVED AS TO LEGA': FORM: C. J. TAYLOR, SR. CITY ATTORNEY CITY OF DENTON, TEXAS J i k 6v. s rill rk p , e PAGE TWO 1~';.u ° r.Ty7„'S -,.~•.~.,~..T ~,!'.-_r, •PT;T'.~'r- ......"_r. .r,..+-rar-----• Y I~ { 3~l Jh~ ~t H . 1ti r T,~i{I T„1 r' ti ~r ~'~"In r It ~ylY"j. j.. ;i~ i ' y~~~ 1. ,Y w l rf ~r I~1 ~,,1, ,k y, A:~ ti~ f~ "i •L t, 1 ,4 ,i I.f ,tid .A~ ~.r~r.1~5'~. gi~_„Li7.'L r. li" 91 i~"~L~I~}. T I~ ~ ~ ~ yy y,,,yj _ ~f_ b.J• dYi~ r l~..~.~i C .nr.~,.k SL r. i2 .4 , S, S 3 PLUS ONE ASSISTANCE PROGRAM THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S WHEREAS, the City of Denton has adopted a Plus One Utility r Assistance Program by soliciting and collecting funds from I~ utility customers thro-rih its utility billing program; and { County Cooperative WHEREAS, the Denton / 4R= Ministries desires to contract f with the City to administer the assistance program;; { NOW, THEREFORE, the parties mutually agree as follows: 3. All monies donated to the Plus One Fund and collected by the t City of Denton will be placed in a special Trust Fund. II. County Coopera- The City of Denton will disburse funds monthly to the Denton / tive Ministries for use in the Program and all interest earned on the fund will stay in the Trust Fund and will only be used in the Plus One Assistance Program. I a III. County Cooperative Denton /Ministries shall insure that all checks written for assistance are payable to the City of Denton for utility services and shall be void after thirty (30) days of their issuance. IV. County Cooperative Dentoni'-linistries agree to operate and administer the Plus One Assistance Program under the following guidelines: 1. There will be two paying periods-June through November and December through May. Qualifying Denton utility customers 4 will be eligible for one payment during each period; 2. Persons receiving assistance must be City of Denton residential utility customers and have received a cut off notice. 3. Assistance will be used for short-term crisis intervention to restore or maintain utility service. PAGE 0!'E `r q ' "77 •"'^"T~,r* ki; yi ~ f'r." 3 ~.r h~x'.r r"-~, q,: x ~ r - ir--r P .~:"^Fa 'r'. '{•q ~ ~ l~ r{T' yy y\{ lj.],R4a r~' c L! r,. ,J1 , A Iy r , F ( YF., .Si [,T, , ; ' ! 4' INN { 11~ri,! ,1'ty1.Rl(!'' S + ~u1~ ~i J ii~ 7 ! y ?I }V~„N J. 4 ARJ.. - ♦ l~ 7 Y ' ~ ~.t a f L °ii ' ~1 f~ l~l ~,T'~ /.A tMAN." ~ .~r"~ -0,~4 w, yy r"1 k1.d J - t .i r./ rk y, ti.`~111 k r~~~,T ' n, Vine it 8 4. Deferred payment agreements must have been exhausted or ' not applicable in solving the custoirer's crisis situation. 5. Apparent excessive utility usage would be a negative factor in determining eligibility. These cases would be referred to Energy Management personnel of the City of Denton. a 6. Financial resources, such as savings on non-essential personal property will be considered in determining eligibility. 7. Payments will be made directly to the City of Denton for City of Denton Utility service only. 8. Priority will be given to households whose circumstances are as follows: (a) Electrically powered life support systems are in use. (b) Serious illness exists therein. (c) Disabled or homebound or el3erly residents exist on a fixed income. (d) Small children reside therein. (e) Recent emergencies such as home fire, layoffs from work, excessive medical expenses, etc., have struck. 9. Preference would be given to families that have resided I in Denton for at least six (6) months and have not received substantial utility assistance during that time. 10. Although income is not the only criteria for determining eligibility, it should serve as a strong indicator of need and ability to pay. Al:. requests should be treated on a case-by-case basis. i V. The parties hereto reserves the right to cancel this I agreement at any time by giving the other party thirty (30) days written notice of its intention co cancel this Agreement. EXECUTED this the day of December, 1983. COUNTY COOPERATIVE CITY OF DENTON, TEXAS DENTONIKKI'X$$ MINISTRIES BY: BY: do PAGE TWO e T ffi x{ ! dT .r i ~o V v~Y'S~F ~+'l~Rm g p• I Y hK^i@ w./ ~i V-^F M1l r r ~ fM Ir r a ~ °yy; lt~t yi~~Ffi k' l ~~y1 'r •,.4 %.,9_i ell of ii - OU t,.,F.'' 0 4 ell ~ i t y, 1 v . f ~ r 'V V.~Y , I N r i , ATTEST: CHARLOTT ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS S~ k APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS C. J. TAYLOR, JR., CITY ATTORNEY 5 ~ BY: 4 L k f, { 1 PAGE THREE 1 y~ iSf y,~,y"9,}~ A{ ~~•l. ~f~.aA~'.Wiv fl{ i}f.,~ 5~~' fl`y' lYr~ Y ~Q k fT'f fk~Q ~Y. * ti:.v,AA Y ~r v`Y ~'~f L`~' YC ~i siS'Se~ u~~ft:k @ex. 1 G f 1, } ~ 'k_~ 1~'~1 q } yp~ ~Y y~ N T I ILE MATTER OF CITY OF DENTON CHARLOTTE ALLEN JAW ' THE E STA'T'E OF TEXAS Hoy Appleton, Jr. County of Denton hcing duly sworn, says fie is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Drnton. Texas, preceding the dale of the attached notice, and that the said notice was published in said paper on the following dates:- Z-1621 NOTICE OF PUBLIC HEARINS ON CONTEMPLATED ANNEXATION 139 lines S5;.60 DECEMBER 8P 1903 8 DECEMBER 83 Subscribed and sworn to before me this _ day of Fitness my hand and official seal. Notary Public, Denton County, Texas 2•iut NOTICE Of PUBLIC HEARINGON CONTEMPLATED 'NNEXATION. HERE NOTICE Is kEREBY ill- Nn. I'L IFI,IC GIVEN TO ALL INTER- I :II F,FI ESTED PERSONSTHAT' The C;fy Of Denton, Tevas. proposes to inst tide anrxra IN THE MATTER OF TILE tion proceedings to alter line M•,mdarV limits of said City to add the folt!tYiry,dr scribed lef~ito(y to the Car porate timm, of The City of Denton, to wit: All that certain for, tract or - parcel of land iyWI and beer.& si'•lated in the County or Demon, State W xas, and being part i Dabbs Survey, Abst. No. 329 andthe J. West Survey, Abst. No. cult and being more particularly described as AFFIDAVIT OF PUBLISHER TO pa foil ows; PUBLICATION OF LEGAL NOTICE BEGINNING at a point in the lr exert city limits. said city limits being esiablisred by Ordinance No. 7a 36 Tr. 11. Said point Ivir9 3~ teef north and rpendicular to the Fill,(] l}Iv rln\' >f p cenleii o1 U.S. Highway Mary 390 and in the east bbu line of the W. Daubs Survey, 19_ the Abst. No. 328, sal a oft tge J - vveSl boundMY Williamson Survey, Abst. No. 1418; THENCE north along said surveY lines passing the northeast corner of said Daubs survey, same being ihe 1 the southeast corner of said West Survey and tonne thing north passing W Ihwesl :Or net of the said surve,i, same b 1hwest comer of being g the the n Calvin ine A. Callvin Survey, Abst. R\ . DrpuhNo. 306 and continuing north to a point for a corner, said point lying Ia Mo feel north 0 and perpendicular to the sa,d present c qty f l m i W THENCE westerly 10,560feel no0h,of and parallel with the said present city limits fo a point for a corner in the east boundary line of a'tract of land cOnveYed t Ray LclMn by deed and r of the Volume 871, page 411, Deed Records of Oenlon ;ounljy.Teaas: THENCE youth al_ n said east boundary line Lynch tract to a point 'Or a k corner, said point IYing 10,060 i feel north W and perpandicu jar to the said present city lin'.its; 1 HENCE easterly 10A60 feet north of and parallel with said present city limits 10 a point for a corner, ow;h Point boundary V of said West Survey, same being the vvest boundary fine of said Calvin Survey; THENCE south SOO feet west of and parallel with said sureW line to a pant tot a ccrrer M said present city limits, said Pant 1 350 Ic.t north of and perpend4cu far to the centerline Of U.3. Highwmy380; THENCE easier IV _ and Said presenlcitY limits Fee, lwrth of and parallel with the center 10 the place Of b ighWaY 390 beginning and containing ITS acres d.land mote a less- acres Public Hearing will DQ held by Ind before .the City r Council of fne city . Den -11 nMCrl In f U. r~ary 3f10 and 'nC east 'acu line of fhe W Da tys Survey, III _ Ab61. 'w. 428, same being the wesl boundary iine of the J. Williamson Survey' AbSI. ' No, 1418, sa-,d i ,IiENCE norlh along file survey lines passing f northeast corner o1 be said _ Dabbs surveys same the 1 the sorl7heast of ne of said West survey a ru he nVin9 norlhwesl corner of the said williamson Survey same being the souhn+est corner of Drputy Ihe A. Calvin Survey, "st. 13 ` No 306 and continuing in 10 a Will for a corner. said point lying Mfeel north ` of and perpend 'cular fo the said Present aly limits: THENCE westerly 10,56p leel north of and par alie] with the said presenT ci' limit' to a point for a cans in 1'M: east boundary line of Rag Yr acIMOh land conv o ea~ recorded in by ~ 421, of 1n. Volume 671. Page Denson Deed Records W County. Texas. along the THENCE 5a of said east boundar tyrxh tract to a point for a corner, said point Nina 10.1160 feel north of and Per Pl'ndicu ll jar to the said present city 1 lirnits. 10,060 (Pet stCrI M THENCE eaj parallel wile north of an P said present city limits l0 a Point for a corner, said 1>0101 l~!np W1 f(e) wcsl W Inc boundary lihe of said WesT Survey. Sacra being the west boundary I;M of said Calvin survey, THENCE sw'" Solet' said of and parallel m f a survey line To a Poi city corner in said Present limits, said point lying 350 I' feet north of and PerPendi" lar to Inc centerl'n6 of U.S. Highway'W~ said THENCE easterly along Present CITY limits and 350 lees m rfh of and Pa'allei , with The center8.ne of U.S. Highway 330 N the place of beginning and containing 175 acres of land Ina e of IC. A public Hearing will be Held by and before the City Council of the City of penIon, Texas, on the 6th day , DCCe mtw r. 1983. .l Council o'clock, in the City Muniupal Chamber of ihC r50^s in Building, for all pC Ye pro terested in the abo P* annexation. qt 5~ch time and place a p,>rsons shall havehear ri Of jo appear and be Ihi ngs, all said matters and all. pt:rsons interested in rTelx Ihings and matters he mentioned, 1 1 to N?i1l by and obe held b:j a the City cgunc;l ql the city Qyy of 1 Texas, an the 301h k December, 1983 at 7:00 1 o'clock p,rn. in the city Council Cham'cer 01 the the Municipal euiIding ~i City of Denton. Texas, for all persons interested In the above PrOPosd annexation a t and AT said ~ shat have the such Per and be hI right 10 appear D1 all said R'a, 'ynferest d 11rMgs. ali persoa d matters in the things 1ere;n mentioned, will take notice. May r RlchardO!Stewart City of Denton, texas Sttesl :harlol!e Allen i, SCr,reTar f JOHNSON & SWANSON At 1;; R•.E'.5 A•:^ COUNSF LOR5 A L'A RT`:ERi'UPI N': Ll.DN~ FRCV ESS'CN AL CCRPCRAT C1,5 1'.4 NEST L'. STREET 4700 INTERFIRST TWO '91C P4CIF4 AvLNLE 10x1"-R^ c'D70:-=_q DALLAS, TEXAS 75270 III TL12Do 4JSnv. 7FXAS W) 2146532000 r CALLAS, Te.:AS 752o1 12 4744e,9 TELEX: 730180 / r r z'a E55 20D0 TELECOPV: 214 653-2 91 , - 133,5 NOEL ROAD yr P, fE R' S D' R E C T D' A L Nib V 0 L R 220 E GALLLRIA. TCWFR 214/653-2041 CAI LAS, TL)XAS "zoo December 7, 1983 Z14B5,.5 DFC 7 s gq; Ms. Charlotte Allen City of Denton City Secretary VIA MESSENGER 215 E. McKinney Street. Denton, Texas 76201 Dear Charlotte: Enclosed are 13 copies of a Certificate of City Secretary relating to the Eligible Blighted Area Resolution adopted by the City Council last night. Please execute and seal all 13 copies of the enclosed Certificate, retain one copy for your pile, and return the remaining 12 copies to me. I will take care of sending copies to Mary Macaulay at First Southwest Company and the Texas Economic Develop- ment Commission. It was certainly a pleasure meeting you and Chris Hartung, and I am looking forward to the opportunity to work with both of you in the future. If you have any questions concerning the enclosed Certificates, please do not hesitate to give me a call. Very truly yours, H. F,dward Toles, III HET/cas Enclosure 4; CERTIFICATE OF CITY SECRETARY I, the undersigned, City Secretary of the City of Denton, Texas, DO HEREBY CERTIFY as follows: 1. That on the 6th day of December, 1983, the City Council of the City of Denton, Texas, convened in regular session at its regular meeting place in the City Hall of said City; the duly con- stituted members of the Council being as follows: Charles Hopkins Joe Riddlesperger Ray Stephens Jack Barton Joe Alford Richard Stewart, Mayor Mark Chew and the following persons were present at said meeting, thus con- stituting a quorum, to wit: Charles Hopkins Joe Riddlesperger Ray Stephens Richard Stewart, Mayor Mark Chew Among other business considered at said meeting, the attached resolu-- tion entitled: "RESOLUTION OF THE CITY COUNCIL DESIGNATING AN ELIGIBLE BLIGHTED AREA; MAKING THE FINDINGS REQUIRED BY THE RULES OF THE TEXAS ECONOMIC DEVELOPMENT COMMISSION; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT" was introduced and submitted to the city Council for passage and adoption. After presentation and due consideration of the resolution, a motion was made by Charles Hopkins that the resolution be finally passed and adopted. The motion was seconded by Ray Stephens and carried by the following vote: S "For" 0 "Against" 0 "Abrstained" all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the pity Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the City Council was given actual notice of the time, place, and purpose of the meeting and had actual notice that the matter would be considered; and at said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the st,.bject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article G252-17, V.A.T.S. I 114 WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 7th day of December, 1983. City Secretary, City of Denton, Texas (City Seal) Resolution of the City Council Designating An Eligi- ble Blighted Area; Meking the Findings Required by The Rules of the Texas 1conomic Development Commis- sion; and Containing Other Matters Relating to the Subject WHEREAS, by resolution of the City Council (the "Governing Body"), the City of Denton (the "Unit"), authorized and approved the creation of the City of Denton Industrial Develop- ment Authority (the "Corporation") as a nonprofit industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"); and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or a part of the costs of a "project" as defined in the Act, and to i lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities and improvements (one or more) found by the Board of Directors of the Corpora- tion to be•required or suitable for the promotion of commercial development and expansion and in furtherance of the public pur- poses of the Act, or for use by commercial enterprises, all as defined in the rules of the Texas Economic Development Commis- sion (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter, if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or econom- ically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and includ- ed in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the city finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of { the Commission for industrial projects set out special rules i for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, the Governing Body of the Unit desires to autho- rize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas; and WHEREAS, the Act requires that notice of a hearing at which the city considers establishment of an economically depressed or blighted area shall be posted at the city hall prior to such hearing; and WHEREAS, notice of a public hearing was provided to the 'texas Economic Development Commission (the "Commission") by letter dated November 18, 1983 and notice of such public hear- ing was published once a week for two consecutive weeks in a newspaper of general circulation in the City and notice of the public hearing was posted at the City Hall on November 21, 1983; and WHEREAS, the notice provided to the Commission and as published and posted included both a description of the area proposed by the City to be designated as an eligible blighted area and the date, time and location of the public hearing con- j cerning such designation; and WHEREAS, a public hearing was held at the Municipal Build- ing on December 6, 1983 pursuant, to the Act and Chapter 107 of the Rules of the Commission for the purposes of establishing an eligible blighted area; and WHEREAS, the Governing Body of the Unit has concluded to request the r,)mmission to approve projects for commercial uses and therefore desires to adopt this resolution in compliance with the requirements of the Act and the Rules; NOW, THEREFORE, BE IT RESOLVED BY TH:- CITY COUNCIL OF THE CITY OF DENTON, THAT; Section 1. The Governing Body hereby finds, determines and declares that the area outlined in red on the map attached as Exhibit A to this Resolution shall be declared to be an eli- gible blighted area ("EBA") becFuse such area, by reason of the presence of a substantial number of substandard, slum, deterio- rated, or deteriorating structures and which suffers from a high relative rate of unemployment or a combination of the foregoing, substantially impairs or arrests the sound growth of I 2 the City, constitutes an economic or social liability and is a menace to the public health, safety or welfare in its present condition and use. Section 2. The overall objectives of the City for rede- velopment and recovery of the EBA are as follows: A. To promote the present and prospective health, safe- ty, rights to gainful employment and general welfare of the people of the Unit and the State B. To promote the continued existence, development and expansion of commerce and industry essential to the economic growth of the Unit and the full employment, welfare and pros- perity of its citizens C. To encourage the economic growth and stability of the City by increasing and stabilizing employment opportunities, significantly increasing and stabilizing the property tax base and promoting commerce within the City and the State of Texas (the "State"). D. To encourage employment of the inhabitants of the EBA by encouraging employers to locate projects which will employ such persons in or adjacent to the EBA. Section 3. The Governing Body hereby finds, determines, declarer and represents to the Commission that t1.ze availability of financing of projects to be located within or adiacent to the EBA for commercial uses under the Act will contribute sig- nificantly to the alleviation of the b.liahted conditions found to exist in the EBA. Section 4. The Governing Body of the Unit, in order to enhance its development efforts, desires and authorizes all commercial projects that are an integral par}: of the local economy. The commercial project must contribute to the econom- ic growth or stability of the Unit by (a) increasing or stabilizing employment opportunities; (b) increasing or stabilizing the property tax base; or (c) promoting commerce within the Unit and the State. The Unit desires to exclude projects for prohibited activities described in Section 103 of the Internal Revenue Code of 1954, as amended. Section S. Based upon the Unit's best estimates as of the i, date of this Resolution, there are no proposed public improve- ments to be made in the EBA. 3 Section 6. The Governing Body of the Unit will not ap- prove any projects for commercial uses in or adjacent to thu EBA unless the applicant desiring approval of such project dem- onstrates to the satisfaction of the Governing Body that: A. The project conforms with the limitations provided in Section 4 of this Resolution; B. The project will significantly contribute to the ful- fillment of the overall redevelopment objectives of the Unit for the EBA; C. The project conforms to the project approval stan- dards of the Rules and this Resolution by increasing or stabilizing employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the Unit and the State; and D. The project is in furtherance of the public proposes of the Act. Section 7. The Governing Body of the Unit hereby cove- nants aizd represents that it will review all project descrip- tions for approval of specific projects for commercial uses in order to determine whether such projects are consistent with the Unit's objectives for redevelopment of the EBA. Section 8. The City Secretary of the Unit is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Com- mission as required by the Rules. Unless the Unit shall be notified by the Commission to the contrary in writing within 30 days from the date of receipt of such certified copy of this Resolution, the EBA shall. be deeme9 accepted by the Commission, and the Unit and the Corporation may thereafter ipprove proj- ects for commercial uses in and adjacent to the ESA in compli- ance with the Act, the Rules and this Resolution. I Section 9. This Resolution is adopted for the purposes of satisfying the condiL•ions and requirements of the Act and the Rules, and for the benefit of the Corporation, the Unit, the Commission, the residents of the Unit and all other interested persons. Section 10. The Governing Body has considered evidence of the posting of notice of this meeting and officially finds, de- termines, recites and declares that a sufficient written notice of the date, hour and place of this meeting and of the subject 1 4 of this Resolution was posted on the bulletin board at a place convenient to the public in the City Hall of the Unit for at least 72 hours preceding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the sched- uled time of such meeting; and such meeting was opened to the public as required by law at all times during which this Reso- lution and the subject mater thereof were discussed, consid- ered and formally acted upon all as required by the Open Meet- ings Law, Article 6252-17, Vernon's Annotated Texas Civil Stat- utes, as amended. PASSED AND APPROVED this 6th day of December, 1983. I I i I~ 5 I EXHIBIT A The proposed ESA in the City of Denton, Texas is described as follows: bounded on the west side by Kendolph Street bounded on the south side by Wilshire Street bounded on the east side by Avenue C bounded on the north side by Eagle Drive The following is a map showing the location of the proposed EBA. c Ila Y1 -LL ' 11 1 - T- r7~-r ~ T''~f15J' H5' q14? 13:3 EAGLE DR. ql o _ 10 * -s -w 2 I31' ti II s 6 39 3 R > $ t 12 3 5 4 kr ILSHIRE 137.! IS. 3 1373 q73 $ 4 _ I ~ m 11 I q7.3' C7 ~J IM 3• _ S 10 2 Q A\O _ X15 38.35' J 2 O 3 378 g 8 4 g 7 5 30'ss 6 ~ -5 lssi J 136.5 60 4 I , G. 3 5A 1357• - 13:5 eIb UNDL--'RWO0D Is`7s' _ -276 1I:75• 0 2 ---ie~ -c' 9 18 2 _a 7191' 10'3• t a 10 5 A N .3 ISO ISO' r-7 7 i~f✓~ ~ _ i S r i ~fil ~5~~7 44 I.•i~ NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS MODIFYING CERTAIN GENERAL LEDGER BALANCE SHEET ACCOUNTS; AND #t DECLARING AN EFFECTIVE DATE. ' L~k 5". THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: C fi WHEREAS, Arthur Andersen and Company has recommended modification of certain General Ledger Balance Sheet Accounts; NOV, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: ` SECTION I. ids 'r The City Manager is hereby authorized and directed to modify, per audit recommendation, the following General Ledger Balance Sheet Accounts: These modifications are as follows: Transfer From: Transfer To: Amount Motor Pool Fund 720 General Fund 100 $ 726,158 Working Capital Fund 710 General Fund 100 ( 2078509) Y' Reported as "Designated for Contingencies" Net $ 518,649 General Fund 100 Debt Service Fund $ 65,000 To reflect correct activity of Debt Service Fund 301 Utility System Assets Reduce Utility System $1,125,254 6;r Fund 6XX Fund 6XX Retained Earnings Asset's Sanitation Fund 630 Reduce Sanitation Fund 630 $ 50,759 Fund Balance Working Capital Fund Reduce Working Capital Fund 710 $ 11,376 Fund Balance To eliminate the double statement of Asset "Invested in Fund XXX" CECTION II. This ordinance shall become effective from and after its date of passage. PASSED AN: APPROVED this the 13th day of De mber, 1983. ' J RI A D 0 STEWAR , MAYOR- CF Y OF NTON, TEXAS ATTEST: ~w CHARLOTTE ALLEN, CITY SECRET CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ' C. J. TAYLOR, JR., CITY ATTORNEY e• CITY OF DENTON, TEXAS BY: 'Y r'a AN r__ 1 i ~.^,;e r i - i " Y1" 'A i37•ir r~Y`'~2 i~}~~. VMa CC-215- EASEMENT. Martln to THE STATE OF TEXAS, KNOW ALL 1fEN BY THESE PRESENTS: COUNT I' OF DENTON RE,4[ PA?P[,RTY piEGe°DS 55~8~ THAT Joe Belew and Torn Jester, Jr. of DENTON COUNTY, TEXAS , in consideration of the suit of One dollar ($1.00) and no cents------------------- and other good and valuable consideration in hand paid by the "ity of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the J.D. Lilly Survey, Abstract No. 762 All chat certain tract or parcel of land situated in the J.D. Lilly Survey, Abstract 762, and the William Lloyd Survey, Abstract 773, City and County of Denton, Texas, being the same 3 tracts described in a deed from Bishop Neely to G.H. Neeley recorded in Volume 150, Page 325, Deed Records of said County, and being more fully described as follows: COKMENCING at the Southwest corner of said First tract at a X-tie corner post on the North boundary line of Lattimore Street at the Southeast corner of Lot 18, Block Six of Mozingo Subdivision No. 2 as shown by the plat recorded in Volume A, Page 8, Plat Records of Denton County; THENCE N. 00 19' W. with the East boundary line of tht• Mozingo Addition a distance of 309.74 feet to an iron pin at the Point of Beginning; THENCE N. 00 19' W. with the East boundary line of Mozingo Addition a distance of 20.0 feet to an iron pin; THENCE S. 890 58' 02" E. a distance of 257.69 feet to an iron pin; THENCE N. 40 32' 15" E. a distance of 171.35 feet to an iron pin; THENCE N. 880 24' 45" E. a distance of 20.12 feet to an iron pin; THENCE S. 40 32' 15" W. a distance of 191.98 feet to an iron pin; THENCE N. 890 58' 02" W. a distance of 276.06 feet to the Point of Beginning. And it is further agreed that the said City of Denton, Texas , in consideration of the benefits above set out, will remove from the property above described, such fences, uuildings and other obstructions as may now be found upon said property. Forthe purposeof construction, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for jhe purpose of making additions to, improvements on and repairs to the said public utilities or any part thereof. TO 11AVt AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hands this the 1 th day of Dec tuber D. 19 8 3 . • M - - st , 3 VOL 14.300PkA32 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE b1F,, tl:e undersigned authority, on this day personally appeared -Joe_ BeZew . . known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. / GIVEN U. R MY HAND AND SEAL OF OFFICE, This ! day of ` f1 A D. l9 J f L. n_ + WU AM CtrtUM uxv/bttr3Wae ! tiittp, , / Nola Public in and for the State at Texas. . ~ : t°'°a'ss'°sEyopptclt;l/l 1 My Commission Expires ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON_ } BEFORE M};, the undersigned authority, on this day person a~I~tUpeared Tom.. Jester, Jr... t\~N • 1, y _ r. • Co 0. known eto be peravr?, 0 hose name subscribed to the foregoing instrument, and acknowledged to me that heti pgxegntg•., _ g~me for f e purposes and consideration therein expressed. 1 F~I U 61Y AND SE s ~ Vt AL OF OFFICE, Th.'s doy of C1Q ry1~ 2 Ll A.D. 19G L ' 0>+ i i Y - Notary PublicOn and for the S W exas. 'a,rti,e4tt 4t' ! 9 / ~Iy Commission Expires l 7- _v CORPOR.~TION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF. } BEFORE ME, the underafgnad authority, on this day personally appeared known to me to be the person and officer whose name is aubscribe-d t-o the foregoing instrument and acknowledged to me that the same was the act of the said - corporation, and that he executed the same as t%e act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 (US.) Notary Public, in and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE ST41TE OF TEXAS, COUNTY OF I, . _ _ County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the - day of , A. D. 19 with its Certificate of Authentication, was filed for record in my office on the . day of. A. D. 19 at.. o'clock !d., and duly recorded this day of ._A. D. 19 at. _ o'clock M., in the .....Records of said County, in Volume. _ on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in _ >t?ATf " ' ' ~-TaAB - - , the day and year last above written. COUNry CLEM ~ a dei And time At, ha~n ms'tn'~Vi R County Clerk... _ . County, Texa.9. "ZIPed the Myn ~ 9tr b _ . , 40 s IQ pats ooff ~ Mid trp BY Deputy. n on Ov is", sc as stoTrr-d f*MWW AFC14 WTN" Ar % V ~o C ,I v L d ~ Irl a ~ Q h r C°' a b E a f~ t N x `~O V V E p r' A U a d Ny I ~ r W ~ E-4 Ti ~I 1T At: I 0 U f~~1 PAS F. 0 ~d b l n3r 40 Ay ° ro Y tn- i W u cY ; r pl ~i ~f !jti 6L' EU V Ei O{ U; i $ G f F y i p l Z4 'V V -L ' J vot`308~;!sf5~9 CC-215- EASEMENT. Martin Stallonery Co., Dallis THE STATE OF TEXAS, COU1N'T] 111H' DrNTON 'R4L PROPERTYRECiP3D$v ALL MEN BY THESE PRESENTS: THAT Joe Aelew and Tom Jester, Jr. 55281 of DENTON COUNTY, TEXAS in consideration of the sum of One dollar ($1.00) and no cents--------------------and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the J.D. Lilly Abstract No. 762 and the 1Jm. Lloyd Survey, Abstract No. 773. All that certain tract or parcel of land situated in the J.D. Lilly Survey, Abstract 762, and the William Lloyd Survey, Abstract 773, City and County of Denton, Texas, being the same 3 tracts described in a deed from Bishop Neely to G.H. Neeley recorded in Volume 150, Page 325, Deed Records of said County, and being pore fully described as follows: COMMENCING at the Southwest corner of said First tract at a X-tie corner post oil the North boundary line of Lattimore Street at the Southeast corner of Lot 18, Block S:.x of Mozingo Subdivision No. 2 as shown by the plat recorded in Volume A, Page 8, Plat Records of Penton County; THENCE N. 890 29' 51" E. with the North boundary line of Lattimore Street, a distance of 994.0 feet to an iron pin at the Southeast corner of said first Tract at the Point of Beginning: THENCE S. 890 29' 51" W. with the North boundary line of Lattimore Street, a distance of 20.0 feet to an iron pin; THENCE N. 10 05' 23" W. a distance of 521.20 feet to an iron pin; THENCE S. 880 24' 45" W. a distance of 694.95 feet to an iron pin; T1,ENCE N. 40 32' 38" E. a distance of 907.81 feet to an iron pin; THENCE N. 250 39' 34" W. a distance of 298.37 feet to an iron pin; THENCE N. 680 37' 40" E. a distance of 20.06 feet to an iron pin; THENCE S. 250 39' 34" E, a distance of 302.26 feet to an iron pin; THENCE S. ,40 32' 38" W. a distance of 890.94 feet to an iron pin; THENCE N. 880 24' 45" E. a distance of 692.86 feet to an iron pin on the East boundary line of said First Tract; THENCE S. 10 05' 23" E. with a fence on the East boundary line of said First Tract, a distance of 541.58 feet to the Point_ of Beginning, and containing 1.1134 acres of land. An it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of construction, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein. his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purRosy of making additions to, improvements on and repairs to the said public utilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hand s this the 3th day of De en;b~~•D• 19 83. ew s `vot ~.308r,Ic~530 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON } BEFORE ME, the undersigned authority, on this day personally appeared Joe $elew known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expr;ssed. GIVEN UNDEkMY HAND AND SEAL OF OFFICE, This if C~ . day of A.D. 19 fL~5~ ~hd13lTY r Co . otar.... blS:. . ! ~ t aomblwaa EO Slits d i ) y ~ ~ A IJ ~ Notary Puublici in and for the State of Texas. ~iV 14 r.~ My Commission Expires y i ACKNOWLEDGMENT THE STATE OF TEXAS, i COUN'T'Y OF DENTON J BEFORE ME, the undersigned authority, on this day personally appeared Tc).m s ter, Jr, r„a. kaok Ao mg to be tiiA,pgiiiarr whose name subscribed to the foregoing instrument, and acknowledged to me that be . 27cclutr the aa.e for the purposes and consideration there' expressed. A ! GIV£~f 11~1DEFth1 HAND AND SEAL OF OFFICE, Thrs~~~~/////~~~AA days of l 04tlteV A.D. 19-C-' t L.C a ( c , Y 4fk4.4.SS ..ai!" d/ Cunui"lis,on La/ Notary Public, Wand for the Stahl Texas. My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.. on this day personally appeared._........ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN- UNDER MY HAND AND SEAL OF OFFICE, This day of.... A.D. 19.._._. Notary Public, in and for the State of Texas. My Commission Expires CLERKT CERTIFICATE THE STATE OF TEXAS, _ _ County COUNTY OF Clerk of the County Court of said County, da hereby certify that the foregoing instrument of writing dated on the day of _ ..A. D. 19 with its Certificate of Authentication, was filed for record in my office on the. day of... . A. D. 19_ _ , at. o'clock . M., and duly recorded this day of . . A. D. 19....... , at. o'clock M., in the ........Records of said County, in V ume....._. , on pages... WITNESS 51Y HAND AND SEAL OF THE COUNTY COURT of said County, a In _ the day and year last above w4A!!~, 4bpy~ " 4a Q/4 County Clerk ylkyes'~q u4./r?>rOfyDD,rr~~Texas. (I,. S.) RY z.. .r!tp ya'?4 hM4t ty y lr~'fft~~tY. up 7asr A?ee aJ m+++a 4S/drh~ noo es #0 . rr a F d d V J C f w : . i I r l'9 u a E O r~-I O 0 3~ Ia. q~j v q ? tii C7 rYJ fl i I o ~ \ tl cl : a~i 'ytI , m 46 E IN T1IE 5IAT1'ER OF CITY OF DENTON CHARLOTTE ALLEN 2 7 X2$3 Tl IE STA 1'E 0 I'll"XAS Roy Appleton, ,Ir. Cocnly of Denton being duly shorn, says lie is the General Manager of the Denton Record- Chronicle, a newspaper of general circulation which has been continuously and rel,►ularly published for a period of not less than one year in the County of Denton, Texns, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON► TEXAS, FOR STREET IMPROVEMENT 54 lines $43.20 DECEMBER 12► 191 983 A-) A A A Subscribed and sworn to before me this 19 day „r _DECE BER .19 83 Witness my hand anal official seal. a Notary Public, en n County, Texas HERE PASTE THE NOTICE 13) 11111 .ICATION CUT FROM PAPER _ IN TilE MATI Ell OF'l'FIE, THE STATE Of TEXAS COUNTYOF DENTON CITYOFDENTON NOTICEOF INTENTIOH TOISSU1CERTIFICATES OF OBLIGATION OF THE - Cl TY OF OENTOH,TEXAS FOR STREET IMPROVEMENTS THE CITY OF DENTON, sn Denton County, Texas. hereby gives notice Of inien lion to Issue CITY OF DEN TON CERTIFICATES Of AFFIDAVIT OF PUBLISHER TO OBLIGATION, SERIES 1981 PUBLICATION OF LEGAL NOTICE in. the maxlrttum principal amount of SS50,000, for the purpose Of pay'nr, Pill Or a yXtlon of the C, y's con tractuol obligations to be Fih•d lhi• - day incurred for street Improve menu M the City and pro fesslonal services of engineers, architects, at torneys, and linancial advisor;, In cOn0ectiOn with such street improvements and IM Certificates of Ob- ligation, TM Cit f proposes10 provide for the payment of such Certificates a Ob4i9a tioo from the levy and col - leciion of ad valorem faxes in tim C.-ty as provided by law, and from the surplus revenues of the City's Utility system co^sming of its combin!d walerworks and sanitary sewer system and Rc . Drpuly its electric fight and power system. The City Council of the City tentative!/ p,Opoces to eulhor+:e the isauance of such Certificates of Oblige Lion it V00 P.m. on the 3rd day of January, 1981, in the city council roorn at the Municipal Puilding, Denton, Ter as. CITYOF OENTON,TEAAS By Charlotte Alen City Secrelt ry DECEMBER 12,19,1961 AF~ j ~~wes~www.~l wt. ww +■weww~~wawwwr`...wli...~....... s .rE NO. 6 71! ' AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF tf ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 2.11 ACRES OF LAND OUT yF, OE' THE M.E.P 5 P.R.R. COMPANY SURVEY, ABSTRACT NO. 927, DENTON COUNTY, TEXAS; AND MORi3 PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. M1 THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: r 1r" SECTION I. a?; The Zoning Classification and Use designation of the follow- ing described property, to-wi.t: ri All that certain tract or parcel of land situated, lying and s. being in the County of Dentor., State of Texas, out of the M.E.P 6 P.R.R. Survey, Abstract N(>. 927, and being a part of the 'X second tract of 65.5 acres set out and described in that certain Trustee's Deed of record in Volume 241, Page 486, of the Deed Records of Denton County, Texau, and more particularly described as follows: BEGINNING at a point in the ,south boundary line of the Old Denton-McKinney Road, said beginning corner being 5F6 feet north 61045' west of the intersection of the east boundary line of the above mentioned 65.5 ar:re tract, and the south boundary line of the said Old Denton-McKinney Road; THENCE south 29040' west 191 feet to ,a corner; .i THENCE north 6200' west 467 feet to a stake for corner; s, THENCE north 22020' east 195 feet to a corner, in the south 'I boundary line of said road; THENCE south 61045' east with the so , uth boundary line of said road 491 feet to the place of beginning and containing 2.11 l acres of lan6, more or less. 11 7 is hereby changed from Agricultural "A" District Classification' Use to General Retail. "GR" District Classification and Use under r the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning Map of the City of Denton, Texas, adopted the i, 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the s,:Ime is hereby amended to show such change in r District Classification and Use. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among ~s other things for the character of the district and for its peculia suitability or particular uses, and with a view to conserving the vale of the buildings, protecting human lives, `y f and encouraging the most appropriate uses of land for the s+', maximum benefit to the City of Denton, Texas, and its citizens. PAGE ONE 71 } A 1 r r i 1 r r 'a°• To .4 iri.~riY If 1z .I SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the v~ day of December, 1983. ze, J~.~ RI HARD T. ST ART, RA CI' Y OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: „A C. J. TAYLOR, JR., CITY ATTORNEY r. CITY OF DENTON, TEXAS BY 4♦1 } I 7 P 4 t , } i i PAGE TWO '4, ~i ~1Y i't+ r Y7, (-~A r , •r ~I ~ 1 r n'Tti'~ ~~r~aau.i 5 i4 ~:i •f} (a ~V4^ Y .X .~ri tV.. „ l ~/1 a k 1?`,V {~1 }u V[5 L 9 i 3 r. * 1 ti.IL .e ~Tr , ) I w i 1 4N'1 'q \ M'1►'~'~I~~~ .MI~II~e~w~a~rar~w ° n ~ b'c r15~ 4 r,~e C 1. i 1.J, : 1 NO. ! AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO APPROXIMATELY 16.6117 ACRES OF LAND OUT OF THE C. f POULLALIER SURVEY, ABSTRACT NO. 1006, DENTON COUNTY, TEXAS; AND , i MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE Y DATE. .a THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: 4 SECTION I. ?J The Zoning Classification and Use designation of the follow- ing described property, to-wit: P All that certain tract or parcel of land situated in the C. Poullalier Survey, Abstract No. 1006, Denton County, Texas, and r' being a part of a certain tract described in a deed from Johm M. i' Avinger, et al, to Henry S. Miller Company on November 11, 1976, r recorded in Volume 812, Page 235, Deed Records of Denton County, Y texas, and being more fully described as follows: COMMENCING at the southeast corner of the above mentioned tract at f r" a steel pin in the middle of a north-south road; F THENCE north 0035121" 'ast with the east boundary line of said 4. tract in the middle of said road a distance of 1071.24 feet to a steel pin at the place of beginning; THENCE north 89016'45" west a distance of 1313.46 feet to an iron pin; THENCE north 0006107" east a distance of 246.59 feet to an iron pin at a fence post angle; THENCE north 1052158" east a distance of 327.95 feet to an iron pin; 'r THENCE north 89013124" east a distance of 783.04 feet to an iron x` Y' pin,, y? THENCE south 0047112" east a distance of 86.86 feet to an iron pin; r THENCE north 89012148" east a distance of 494.20 feet to an iron ' pin on the west right-of-way of F.M. Road 2181; " THENCE south 0047107" with the west right-of-way of F.M. Road 2181 a distance of 139.60 feet to an iron pin; THENCE with the west right-of-way of F.M. Road 2181 a,-)und a curve ^ to the left having a central angle of 10030103", a radius of 1223.83 feet, a chord length of 223.98 feet, an arc length of 224.296 feet to a steel pin; THENCE south 0035121" west a distance of 159.12 feet to the point F of beginning and containing 16.6117 acres of land. is hereby changed from Single-Family "SF-10" District Classifi- cation Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications: # 1. A six foot (61) wood fence with brick pillars at each lot yQ line shall be erected along the north, west and south perimeter of the tract before twenty-five percent (258 occupancy is achieved for lots within the development at ' the developer's expense. 7~. PAGE ONE Al. h e r r Y+~ ~r5 /407 d? r 1 ~ .VM S 2. Total number of lots and dwelling units, lot sizes and set- ' backs shall conform with approved planned development (PD) N concept plan; a total of forty-nine (49) structures and ninety-eight (98) dwellinf units is approved. 3. Plat approval shall constitute site plan approval for resi- dential section; specific site plan approval in addition to normal preliminary and final plat approval is required for office portion of development. s t 4. Office use shall be limited to one (1) story in height and architecture shall be residential in character with one detached sign permitted on site. 5. Unless expressly waived, varied or revised through planned development (PD) zoning, all normal City of Denton develop- ment standards, building codes and zoning ordinance requirements shall be applied to this development. `T 6. If site is not developed within four (4) years, the zonin ~ i will revert to its previous single family (SF-10 classification. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1919, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby ame-ided to show such change in District Classifi- cation and Use subject to the above conditions and specifications. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encourbQtng ? the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION 111. : That t`~is ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the Cit; Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the p~ day of December, 1983. i r I D 0 S EW T, MA CI Y OF NTON, TEXAS ATTEST: CTFARLOTTH ALLEN, CITY E R CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY k CITY OF DENrON, TEXAS BY .C r PAGE TWO ~u,;<at e. L, r..a. i.cAS.ea'.n'Li7t ;tr x:o. IC^ w% AA'.AV.N• LY: Y9PY . h • [ T. 1' fY'). M4 'alt 4 N C!!7 ~ .,(yYrCW !'I/7i 1 j ' 1 .~>.l/ O iI d' . ham= , 17t ; er. G"J `.7!^. ~Or ~J' •/J ' ~ ~ • j: ---rte- SA Ic LOCATION MA? k 4tA I' zoos off 43 17- Aft 74 d-A -{II t , r ~ \ ~ • I V .~y-A 'ice `c\ • ~ (f1 1 tir~ v I in I S~ iy.:.- r ♦ "I: `'I `\IA l ~ y;r .ti `1 1 i I _ ~ •_:.N P6.8d av I T 1.c f (A !A~i IIJ v, r / T.n p -';far NA% /fCA l ;4A 1 •.7 •,r♦ NOTC CCNTCLR 41441 ARC RLa trl m r. L MAP awTta nnr, •x r -r IJ: ,LEI ~ I 0°FIEv r \ I. OK, ro~ c. N I a - ~L-=• , '~~.rv r;<- nvrr vey .•..l~ r .AlOR GREEN, ItiC. ocrcac-e :1, m e3 ft Aj rC'-. Jc AMii N '-t CCULLAL'tot lv4vt7 A- ICCV 1, TCXAS I i-. _ 1_.__._.__._.. _ MUIF'ICATE FOR OROINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS , COUNTY OF' DENTON CITY OF DE TCV W, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REUUEAR MMIIJG ON THE 207H DAY OF DECEMBF'R, 1983, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Charlotte Allen, City Secretary Richard O, Stewart., Mayor Mark Chew Jack Barton Charles Hopkins Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and all of said persons were present, except the following absentees: thus constituting a quorum, reupon, among other siness, the following was transacted at said Meeting: a written ORDINANCE DIRECTING 'M ISSUANCE OF NOTICE OF SALE OF BCNDS was duly introduced for the cunsideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said [notion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye", NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and rre tubers of said City Council was duly and sufficiently notified officially and persaially, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notioe of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann, Tex, Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaiO Ordinance; that the Mayor and the City Secretary of said City have duly sigma! said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes, SIGNED AND SEALED the 20th day of Deoerrber, 1983. city eta Na} r (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid, (1, - Cit3Y ~ Ate rney 4_Attorneys ORDINANCE NO. 2 -Jq1 ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Secretary is directed to issue s Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $1,000,000 UTILITY SYSTEM REVENUE BONDS, SERIES 1984 The City Council of the City of Denton, Denton County, Texas, will receive sealed bide at the Municipal Building, 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., Tuesday, February 21, 1984 for the purchase of: $10000 ,U00 Utility System Revenue Bonds, Series 1984, to Be ated March 11 1984, an to mature serially December 1 each year 1985 through 2004. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the city council prior the date of sale. All sealed bids will be publicly opened and tabu- lated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about January 31, 1984, and will be furnished to any prospective bidder upon request, by First Southwest Company, 800 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. CHARLOTTE ALLEN City Secretary City of Denton, Texas. 2. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton. Said publica- tions shall be made at least thirty days prior to the day set for receiving bids. OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $1,000,000 UTILITY sYs,PEM REVENUE BONDS, SERIES 1984 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building, 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., Tuesday, February 21, 1984 for the purchase of: $1,000,000 Utilic S 6tem Revenue Bonds, Series 1984, to be dated Marc 1, 1984, an to mature serially December 1 each year 1985 through 2004. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of sale. All sealed bids will be publicly opened and tab - lated before the Council. Copies of the "Official Statement", "Notice of Gale", and "Official Bld For:" are being prepared and will be m&iled to prospective bidders on or about January 31, 1384, and will be furnished to any prospective bidder upon request, by First Southwest Company, 60C Mexc.,nt:~le Dallas Building, Dallas, Texas 75201, °inanciul Adviso13 to the City. The :icy reser,,::s the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. CHARLOTTE ALLEN City Secretary City of Denton, Texas. • r ~ CERTIFICATE FOR ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTFlTPION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1964, iN THE MACAW, PRINCIPAL AMC(.itdP OF $1,000,000 THE STATE OF TEXAS . r)OM t OF Dr IICN CITY OF DETTPON , We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MELTING ON WE 20TH DAY OF DEMIBER, 1983, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and meirbers of said City Cotincil, to-wit: Charlotte Allen, City Secretary Richard 0. Stewart, Mayor Mark Chew Jack Barton Charles Hopkins Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and all of said persons wete present, exoept the following absentees: , thus constituting a quorum. Ydhereupon, among o er business, the foffo g was transacted at said Meeting. a written ORDINANCE DIRECPI1)G THE PUBLICATION OF NOTICE; OF IM=ION TO ISSUE CITY OF DEMIGN UTILITY SYSTEM REVENUE WW)S, SERIES 1984, IN ThE MAX InN PPTMIPP.L AMOU Tl' OF $1,000,000 was duly introduced for the arisideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". WES: None. 2. That a true, full, and oorrec'- copy of tha aforesaid Ordinance passed at the Meeting described in the above and forec;,,ing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons named in the abase and foregoing p ragraph are the duly chosen, qualified, and acting officers and members oc said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Yeeti.?g was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Se.-retary of said City hereby declare that their signing of this Certificate shall oonstitute the signing of the attached and following oopy of said Ordinance for all purposes. SIGNED AND SEALED the 20th day of Deoernb , 1 3. i ity Secretary r (SEAL) _--_--_----------------------r We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinar•oe prior to its passage as aforesaid. ity At rney ' ~ - Bon Attorneys A ORDINANCE N0,83 ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIFS 1984, IN THE 161AXIMUM PRINCIPAL AMOUNT OF $1,000,000 THE STATE OF TEXAS , COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, Texas, deems it necessary and advisable that the bonds hereinafter described be authorized, issued, sold, and delivered. THE COUNCIL OF THE CITY OF DENTON ORDAINS: That the following notice shall be published in the "Denton Record-Chronicle", which is a newspaper published in, and having general circulation in, the City of Denton, on the same day of each of two consecutive weeks, with the date of the first publication to be at least two weeks prior to the date upon which the City Council intends to pass the ordinance described in the following notice: "NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1984, IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,0000000 Notice is k_ereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on February 21, 1984, at the City Hall, an Ordinance authorizing the issuance, sale, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable in installments, but convertible into definitive bonds in multiples of $5,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 1984, in the maximum principal amount of $1,000,000, to be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Net Revenues" of the "System", with said "System" initially consisting of the City's entire existing combined waterworks, sanitary sewer, and electric light and power system, all as will be defined and provided in the aforesaid ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially in installments within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be pro- vided 4n the aforesaid Ordinance. Said bonds will be author- ized, issued, sold and delivered pursuant to Articles llllb, 1112, 1.113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the aforesaid "System", CITY OF DENTON, TEXAS" NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 19841 IN THE MAXIMUM PRINCJPAL AMOUNT OF $11000,000 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on February 21, 1984. at the City Hall, an Ordinance authorizing the issuance, sale, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable in installments, but convertible into definitive bonds in multiples of $5,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 1984, in the maximum principal amount of $1,000,000, to be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Net Revenues" of the "System", with said "System" initially consisting of the City's entire existing combined waterworks, sanitary sewer, and electric light and power system, all as will be defined and provided in the aforesaid ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, wili De scha duled to mature serially in installments within a maximum of not to exceed thirty years from their date, and w;.11 be subject to redemption prior to maturity, and will have such other and further characteristics, as will be pro- vidicd in the aforesaid Ordinance. Said bonds will be author- ized, issued, sold and delivered pursuant to Articles llllb, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the aforesaid "System". CITY OF DENTON, TEXAS • i I'.♦ t ~ .J f~ r .i ri~ riV't Fa '5 C~j ' Ilk p NO.~ AN ORDINANCE PPOVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE PL4YOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, 'TITLE AND INTEREST OF THE p CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey tl.e hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Denton Four Joint Venture, as hereinafter provided; and WHEREAS, the City Council of the City of Denton is of the ' opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Denton Four Joint w Venture, for the consideration hereinafter more fully set forth; now, therefore, 'e BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. t That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned: All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No. 762 and being out of a certain tract of land conveyed to Joe Belew by deed dated December 12, 1981 recorded in Volume 1116, Page 129 and deed to Tom D. Jester, Jr. dated September 16, 1983 recorded in Volume 1258, Page 915 of the Deed Records of Denton County, Texas, conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING 325 feet north of the southwest corner of the Neely tract, said southwest corner also being the southeast corner of the John W. Mozingo Addition to the City of Denton, Texas; I THENCE north along the east line of said Mozingo Addition 20 feet to a point for a corner; THENCE east 251.3 feet, a point for corner; THENCE wort-h 162.7 feet, a point for corner, said point being in the south line of a sewer easement heretofore granted by G. H. Neely and wife in 1952; THENCE east 20 feet along said south line of said prior sewer easement to a point for corner; THENCE; south 182.7 feet, a point for corner; THENCE west 271.3 feet to the place of beginning. SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto '~M~6`Fr+t~ t i+ KS r Q;?r ~Y ~r. y ''f ~ '~i~PA.i S'i 11~~?P; F'~I y„~,r. q' %~°i•: nr .y ff.`s ty i z t ~ ~is4YC97+- • t . 1. =c r' ~ i i ,,,e.v 1~~ a .~k'~ I(E ~ OL 11F'~i i ^ 1 t* } .a rf. ~ pd7. `"{4 +,tiY R. ~Yl lj 'A .F.~~t~.and incorporated herein conveying said utility easement described therein to Denton Four Joint Venture. SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and effect from and after the data of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the ,~,/j7{L day of December, 1983. I s hl ARD O. , AAYOR~V STEW OF D TON, TEXAS ATTEST: 1 i / r CHARLOTTE- LLENL CITY SEC TRb RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAG1' TWO 7 C_!CR-QC7T R,ATK LLD - _ - -~NA7[IN841k •~~SW-""'- 11 THE STATE OF TEXAS, K. ; MEN OR ALL MEN BY THESE PRESENTS: COUN'TY OF DENTON That The City of Denton, Texas, a Municipal corporation ri a ;f the County of Denton and State of Texas for and in consideration of the sum of ~ TEN AND NO/100 ($10.00) and other good and valuable consideration a' to it in hand paid by Denton Four Joint Venture of the County of Denton and State of Texas , the receipt of which 1~ I is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER i QUIT CLAlhf unto the said Denton. Four Joint Venture, its successors , lwhrx and assigns, all its right title and interest in and to that certain tract or par. cel of land lying in the County of Deinton and State of Texas, described as follows, to-wit: t All that certain lot, trac* or parcel of land lying and being situated ini ' Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No. ! 762 and being out of a certain tract of land conveyed to Joe Belew by deed dated December 12, 1981 recorded in Volume :.lib, Page 129 and deed to Tom D.. Jester, Jr. dated September lb, 1983 recorded in Volume 1258, Page 915 of the Deed Records of Denton County, Texas, conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, ! and being more particularly described as follows: BEGINNING 325 feet north of the southwest corner of the Neely tiact, said !,I southwest corner also being the southeast corner of the John W. Mozingo 11 Addition to the City of Denton, Texas; I') a s' THENCE north along the east l Ene of said Mozingo Addition 20 feet to a , point for a corner; THENCE east 251.3 feet, a point for corner; THENCE north 162.7 feet, a point for corner, said point being in the j south line of a sewer easement heretofore granted by G. H. Neely and wife in 1952; I THENCE east 20 feet along said south line of said prior sewer easement tofl a point for corner; THENCE south 182.7 feet, a point for corner; I THENCE west 271.3 feet to the place of beginning. i TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi• leges and appurtenances thereto in any manner belonging unto the said Denton Four Joint Venture, its successors >bebx and assigns, forever, so that neither the Grantor the said the City of Denton, Texas, a Municipal Corporation, its successors nor iroirslcxor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenance.:, or any part there- of. WITNESS our hand at this ~ day of A. D. 19 Witnesses at Request of Grantor: CITY OF N ON, TEXAS - - - I HAR ST .ART, MA ~CIHAFLOT'ff P.LL£N , CITY -SECRETARY + raar+^ 7 Tr7 , I t - } ayr . SINGLE ACKNOWLEDGMENT ` c` THE STATE OF TEXAS, COUNTY OF I aEFORE ME, the undersigned :~thnrt;, in and for said County, Texas, on this day personally appeared ,t:•, r known to me to be the person whose name subscribed to the foregoing instrument, and acknowied>;ed to me that ;ry he executed the same for th- purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A D 19.. 's IL.S,1 -S Notary Public, County, Texas My Commission Expires June 1. 19 SINGLE ACICUNOMLED01ENT 'r THE STATE OF TEXAS, l + COUNTY OF J BEFORE ME, the undersigned authority, A in and for said County, Texas, on this day personally appeared s{ known to me to be the person whose name subscribed to the foregoing instrument, and acknowledzed to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This (say of A.D. 19... (L.S.) h` Notary Public, County, Texas My Commission Expires June 1, 19 _ CORPORATION ACK"NO VLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.- _ . _-DENTON_.------- I lia Or of R1Chdrd 0. Stew....... .art y ' in and for said County, Texas, on this day Personally appeared.... the.... City._of-.Denton.,.---- Texas._.._.._._.__..__.-_A_...__.-___..known to me to be the person and officer whose name is subscribed to the f^^c?oing instrument and acknowledged to me that the same was the act of the said _CitY_..o-f.--- Denton...... -Texas......s....riuni.cip.al----...._..._..._..._._......._ corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_.___-.__day A,D. 19---- (L.S.) Notary Public, __._..__Denton -County, Texas MY Commission Expires June 1, 19._ CLERK'S CERTIFICATE 1 THE STATE OF TEXAS, I, _ , County COUNTY OF. Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the i, . day at _ A. D. 19 with its Certificate of Authentication, was filed for record in my office on the _ day of A. D. 19 at o'clock M., and duly t recorded th'3 day of... _ . D. 19 at o'clock Nf,, in the. Records of said County, in Volume.....-- on pages-- . _ . WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in , the day and year last above written. County Clerk County, Texas. (L. S.) By. _ Deputy, l A l 5 E C7 [•N C 71 J J + Q rA fs z O 2 ww q U a y = I W O Cz] Q U 'U l a ~a fl r H w E-4 Z n Q 0 p. F Q ! 0 U 1 III ,:.i U ~1 i NOi U V w; o I O pj J x x i-ar i E+: li r ~ o x II ter}" U O Ira z y r I 1 Ir+ I H _ e 1AW 4 f y NO. I~ AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WI7tfIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Denton Four Joint Venture, as hereinafter provided; and j WHEREAS, the City Council of the City of Denton is of the c opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Denton Four Joint Venture, for the considerati<-n hereinafter more fully set forth; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: r~ SECTION I. That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned: All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No. 762 and being out of a certain tract of land conveyed to G. H. Neely by deed of record in Volume 150, Page 325 of the Deed Records of Denton County, Texas and conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows: i BEGINNING at the southeast corner of the tract conveyed to G. H. Neely by the deed recorded in Volume 150, Page 325 of the Deed Records of Denton County, Texas, said southeast corner being 25 feet, more or Less, north of the southeast corner of the J. D. Lilly Survey, Abstract No. 762; THENCE north 1200' east 546 feet along the east boundary line of the above mentioned tract to a point for corner; THENCE north 7800' west 700 feet, more or less, to a point for corner; THENCE north -.'001 east 900 feet, more or less, to a point for corner; THENCE north 18020' west 300 feet, more ur less, to a point for corner, same being in the south boundary line of the Texas b Pacific Railroad right-of-way; THENCE 20 feet along said right-of-waY in a southwesterly direction to a point for corner; THENCE south 18020' east 300 feet to a point for corner; A~ i+ 444 t { 1 j; }A THENCE south 1200' west 920 feet, more or less, to a point for } corner= THENCE south 7800' cast 700 feet, more or less, to a point for corner; THENCE south 1200' west 526 feet, more or less, to a point for corner; THENCE 20 feet in a northeastczly direction along the south boundary line of said tract to the place of beginning. SECTION II. i That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement described therein to Denton Four Joint Venture. SECTION III. That portion of the public utility easement herein described being vacated, aoandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of December, 1983. Ai IC ARD STE T, Y CIT OF D NTON, TEXAS ATTEST: CHAR O'1-1'b ALLEN, CITY SECRETAR CITY OF DENTON? TEXAS APPROVED AS TO LEGAL FORM: y`. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY : , r. PAGE TWO r ~"°,^"^"1" ~ T•'a rr~a•'.n R'Ta i MI ~'r'rT ^-•r -r+ni'-,- i-T na - w'" -.r. y.. f:Y r}f~ y k tom, 7 R'Y ~ 1~~~ 1~' f { a h t^~'JV`~1 < "'7r ms.... ..ti f'"~'.~1 'Ay { ti r rra r S' 4 r '+16~ tR_w THE STATE OF TEXAS, l 1 KNOW ALL DIET BY THESE PRESENTS: COUNT]' OF DE?dTON That The city of Denton, Texas, a municipal corporation a l ! of the County o.* Denton and State of Texas efor and In consideration of the sum of ---------------------TEN AND NO/100 ($10.00)------------------ DOLLARS, and -her good and valuaole consideration to iL in hand paid b y Denton Four Joint Venture ~ of the County of Denton and State of Texas the receipt of which l Il is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLA I unto the said Denton Four Joint Venture, its successors 'I ;ix9cand assigns, all its right title and interest in and to that certain tract or par- f cel of land lying in the t County of Denton and State of Texas, described as follows, to-vri.: i All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, being out of the 0. D. Lilly Survey, Abstract No. 762 and being out of a certain tract of land conveyed to G. H. Neely by 111 ' ! deed of record in Volume 150, Page 325 of the Deeo Records of Denton ~ !i County, Texas and conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly ~ described as follows; II , BEGINNING at the southeast corner of the tract conveyed to G. H. Neely by the deed recorded in Volume 150, Page 325 of the Deed Records of Denton County, Texas, said southeast corner being 25 feet, more or less, ` north of the southeast corner of he J. D. Lilly Survey, Abstract No. 762; ! THENCE north 12001 east 596 f_et aloe the east boundary line of the + s I above mentioned tract to a point for corner; y 4 THENCE north 7800' west 700 feet, more or less, to a point for corner; jl . 14J, r THENCE north 1200' east 900 feet, more or less, to a ?i' " , point for corner; THENCE north 18020' west 300 feet, more or less,. to a point for fi corner, same being in the south boundary line of the Texas S Pacific c . Railroad right-of-way; THENCE 20 feet along said right-of-way in a southwesterly direction xy+ to a point for corner; I THENCE south 18020' east 300 feet to a joint for corner; THENCE south 1200' west 920 feet, more or less, to a point for corner; THENCE south 7800' east 700 feet, more cor less, to a point for corner; THENCE south 1200' west 526 feet, more or less, to a point for corner; ~i THENCE 20 feet in a northeasterly direction along the south boundary line of said tract to the place of beglnning. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- F ! leges and appurtenances thereto in any manner belonging into the said Denton Four Joint Venture, its successors A*kx and assigns, forever, so that neither the Grantor the said l City of Denton, Texas, a Municipal Corporation, its successors t+ nor xtoizaxur any person or parsons claiming under it shall, at any time hereafter, " have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS our hand at Danton, Texas this day of A. D. 19 I Witnesses at Request of Grantor: CITY, OF \T /N~ XAS ATT EST: BY: I AI EP, r.RT ,CHARLOTTE ALLEN, CITY SECRETARY - T t _ L' ~s~~.+ iii A,i~tlr~~'~i1~l LtY~s*i'~s_,.. 1 ~j .1 r • f _ ~ f ` SI.\i:LE ACKNOWLEDC-ME\T • e THE STATE OF TEXAS, + COUNTY OF ( BEFORE ME, the undersigned authority, m and for said Count;'. Texas, on ;xis dap p .;on.Ciy appeared known t, me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he.. executed the srme for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFIC' Thi, day of A.D. 19... No'.aty Public, County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, ~ COUNTY OF I BEFORE DIE, the undersigned authority, in and for said County, Texas, on this day personally appeared a 9 known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that 1 he, executed the sane for the purposes and consideration therei1'expressed. j GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19.. (L. S.) Notary Public, County, Texas My Commission Expires June 1, 19 CORPORATION AU NOWLEDGbIENT THE STATE OF TEXAS, J BEFORE DIE, the undersigned authority, COUNTY OF... PENTON... in and for said on this ay personally appeared.. Richard 0. Sewart, Mayor of the whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said p City.__of,.,Denton,--_Texas,---- a-_t!tun.icipa-1____~_.-_- JS corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. y GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ._._--..__--_day A.D. 19 ( L.S. ) _ - - Notary Public, County, Texas D1y Commission FxDires June 1, 19- b ' CLERK'S CERTIFICATE THE STATE OF TEXAS, r county COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the =x day of - - A. D. 19 with its Certificate of .Authentication, was filed for f record in my office on the day of A. D. 19 at o'clock M., and duly recorded this day of.. _ _A. D. 19 at.. o'clock M., in the . Records of said County, in Volume,._....... , on pages ' WITNESS DIY HAND AND SEAL OF THE COUNTY COURT of said County, at office in . . the day and year ]nst above written. ' County Clerk County, Texas. 't (L. S.) By Deputy. w r~ i i of c,. • N 1 T .Wier'! G] rj' a C7 T T C 0 z k Y~ 6N I w S 2 H Q W: El Q 3 ~ g .,N Q E Z C] V U r = 9: W i ! d fa Q r - O O E` a W a c 3v O m ~y E-4;: Z ' ~U h J c Y z U y~ 1. O y o 0 7 F E ~ _ - fr7 Z E i d E+ V c 9 o r', a FL e"l r t } i NO • AN ORDINANCE AMENDING SECTION 25-24 OF CHAPTER 251 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY LGLeTING THE PRO- VISION FOR DETERMINATION BY THE PUBLIC UTILITIES BOARD OF COST TO BE CHARGED FOR INSTALLATION OF STREET LIGHTING; ESTABLISHING COSTS TO BE CHARGED FOR STREET LIGHTING SERVICES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That Section 25-24(b) of Chapter 12 "Street Lightinc Ser- vices" is hereby amended to read as follows: "(b) The owner shall provide satisfactory easements for the construction and maintenance of the facilities to be installed and pay for each street light to be installed. The City of Denton will invoice the owner and the owner shall pay the invoiced amount prior to the construction of the facilities. The cost to be paid by the owner for street lighting services shall be as follows: Sodium Vapor Lights Size Pole Cost >s 100W New Metal Pole (db) $ 846.43 250W New Metal Pole (db) $ 927.52 250W New Metal Pole (AB) $1,197.63 100W Existing Pole $ 163.30 250W Existing Pole $ 244.39 100W New Wood Pole $ 486.65 250W New Wood Pole $ 568.74" SECTION II. Tnat Section 25-24(d) of Chapter 25 of the Code of Ordinances of the City of Denton is hereby repealed. SECTION III. That i.f any section, subsection, paragraph, sentence, .lause, phrase or word in this ordinance, or application thereof co any person or circumstance is held inval:ld by any court of competent jurisdiction, such holding shalt not affect the validity of the remaining portions of '&,is ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. This ordinance shall become effective inmediately after its f passage and approval. V ~f PAGE 1 rA w 9 s :r BID 9018 16. Contrac,c,' shall advise the Owner daily as to the location and progress of the work by notifying the Electric Distribution Department each morning prior to 8:00 a.m. All irregular plant conditions effecting the property of the Owner shall be reported as soon as possible when recognized as such. Contractor shall furnish the Owner with suitable written weekly reports indicating the number of poles inspected and treated, the location of such work shown by road or street name or by pole numbers, the dates of performance of such work, together with any pertinent informatiun needed to properly describe or measure the work performed. 17. As full consideration the Owner agrees and shall pay the Contractor for properly authorized completed work at the rates set forth in the attached Bid Request. It is mutually agreed that these rates include wag-;s paid, insurance, paid holidays, taxes, supervision, hand tools, equipment operation cost, maintenance cost, depreciation, employee transportation, claims, overhead, and any other associated labor or equipment cost, and profit. It is mutually agreed that these rates do not include or provide for any payments for permits authorized by the Owner, or for any fees authorized by the Owner. 18. Payment for such work shall be made by the Owner within a reasonable time after the presentation of monthly invoices, subject to the approval and acceptance of the work by designated representatives of the Owner. 19. This agreement shall be effective until terminated by either the Contractor or the Owner giving the other party ten days written notice. Such cancellation shall be effective at the expiration of such notice. 20. The purpose of the agreement is to establish and set firth responsibilities, obligations, agreements, rates, and to place liability on the Contractor to the tu11est extent legally proper. This agreement itself does not authorize the Contractor to perform eny work for the Owner, but until cancelled or properly amended shall cover and be considered a part of any and all work orders which may be issued to the Contractor by authorized representatives of the Owner. This agreement cancels and supersedes all prior agreements now in effect between the Contractor and the Owner. 21. Contractor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (197'3). C-5 BID r 9078 22. This agreement and its exhibits evidence the entire agreement between the parties, and no modification thereof shall be effective unless evidence in writing and signed by the parties hereto or their duly authorized agents. 23. This agreement shall extend to and be binding upon the successors and assigns of the parties hereto, but may not be assigned by the Contractor except with written consent of the Owner. IN WITNESS WHEREOF: The parties hereto have executed this agreement in duplicate originals this day and year first above written. ATTEST: City of Denton, Texas Part of rst Part OWNER B - (SEAL) ATTEST: a, Central Utility Services, Inc. Party o the S d Part, CONTRACTOR Secretary By. c eeney e r (SEAL) APPROVED AS TO FORM: e~,C~i;44V' city torny C-6 PERFORMANCE BOND STATE OF TEXAS I COUNTY OF Harris 1 KNOW ALL MEN BY THESE PRESENTS: That Central Utility Service, Inc. , of the City of Houston , County of _ Harris , and State of Texas as PRINCIPAL, and _ Fidelity and Deposit Company of Maryland -as SURETY., authorized under the laws of the State of Texas to ac c as sure on bonds for principals, are held and firmly bound unto the as OWNER, in the penal sum of Twenty Texas five thousand and..no/101 Dollars 25.000.00 ) 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 alccertain written contract con- with the OWNER, dated the day of struction of Pole Inspection and Treatment, Contract No.01078 which c )ntract is kureby referred to and made a part hereof as fully and to the sa.-e extent as if copied at length herein. 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 cove- nants, conditions and agreements in and by said contract agreed and cove- nanted by the Principal to bi observed and performed, and according to the shall n be the Plans and obsaid ligation Contract intent true , then meaning this of void: otherwise c to i remains hereto annexed 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 PB-1 i by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall.be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. 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, alter- ation or addition to the terms of the contract, or to the work to be per- formed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 Central Utility Service, Inc. Fidel' and Deposit Company of Maryland Principal urptv BY i 1 /~w}I . weeney ar e a eu Title President Title Attorney-in-fact Address P.O. Box 35722 Address 3505 Fannin Houston, Te, 77035 Houston, Texas 77004 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: E.C. LeMeilleur 3505 Fannin, Houston, Texas 77004 NOTE: Date of Bond must not be prior to date of Contract. PB-2 PAYMENT BOND STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS: That (ventral Utility Service, Inc. of the City of Houston County of Harris and State of Texas as principal, and Fidelity and Deposit Company of Maryland authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Denton, Texas (Owner), in the penal sum of 25,000.00 ) Twenty five thousnad and no/100------------ Dollars for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, sucessors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 for the construction of Pole Inspection and Treatment, Contract No. 9078 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 prosection of the work provided for in saif contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as PS-3 amended by the acts of the 56th Legislature, Regular Sessior, 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, al- ternation 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 day of , 19 Central Utility Service, Inc. Fidelity Deposit Compan f Mary]ind Principal ty By: z, C.P. Sweeney wa Title: President Title: Attorney-i -farr Address: P.O. Box 35722 Address: 3505 Fannin Houston, Texas 77035 Houston, Texas 77004 The name and address of'the Resident Agent of Surety is: E. C. LeMeilleur C 3505 Fannin, Houston, Texas 77004 PB-4 Power of Afforney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE IALTIMOR$ MD. KNow ALL LIEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Nlaryland, by H, C. GARDE , Vice-President, and R. C, RICKER , Assistant Secretary, in pursuance of autho ..v granted by Article Vl. Section 2, of the By-Laws of said Com- pany, which reads as folloAs: "The President, or any one of the Executive Vice-President,. or am- one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have puwtr, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys- in-Fact as the business of the Company may require, 'r to authorize any perwn or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contract;, agreements, deeds, and releases and assignments of judgments, decree.;, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Edward C, LeMeiIleur of Houston, Texas, , , , , I true and (awful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:any and all bonds and undertakings, , EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians n t e execution of such bonds or undertakirss in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, N1d., in their own proper persons. This power of attorney revokes that issued on behalf of Edward C. Lelleiileur and C. Frank Marik, dated May 12, 1966, The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ..............1-71bL.................. ---..-....day of........................ Apx.il.... A.D. 19.73..... ATTEST: FIDELITY AND DEPOSIT CO.IIPaNY OF 31:ARYLAND (SIGNED) ................A....C._..RI~IS By ca,xne (SEAL) Assistant Setrefary Viee•President STATE OF MARYLA-ND 1 ss: CITY OF BALTIMORE J On this 17th day of April A.D. 39 73 , before the subscriber, a rotary Public of the State of Dtaryiand, in and-far the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant Secretar- of the FIDELITY AND DEPOSIT CO.(PANY OF 11IARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn severally and each for himself deposeth and saith, that the), are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate S%. of said Company, and that the said Corporate Seal and their signatures as such officers were duly afti-xd and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above FTltten. (SIGNED) .................ELE~IOR (SEAL) Notary Public Commission Expires-1uly..I....I91.4 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney w-as one of the additional Vice-Presidents spe- cial)y authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article Vl, Section 2 of the By-Law-9 of the FIDELITY AND DEPOSIT COMPANY OF 111AR11AND. This Certificate may be signed bk facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969, RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter wherever appearing upon a certified copy of any power of attorney issued by the Company, shalt be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate sea if t said Company, this 25th. _.~.__...__.._._dayof..__ _,February--_ 19..83.. iGGK f LIN9--ter. Amisfanf Seerdary Somf of Cu STEWART TITLE OF DENTON COUNTY, INC. FORMERLY JAGOE ABSTRACT COMPANY, INC. NAOMI ALLEN P. O. BOX 267 • DENTON, TEXAS 76201 Ana coee 817,387-05 16 President Maim 4363871 December 28, 1982 Roger Wilkinson Engineering City of Denton Denton, Texas 76201 RE: Our GF B-8890 Purchase from Tex M. Martin and wife, Antoinette Martin b=ar Roger: Attached please find Owner's Title Policy No. 0 1521404 A, covering the above captioned transaction in the insured amount of $7,573.80. Please let vs know if we may be of any additional assistance to you in this or any other matter. Yours very truly, STEWART TITLE OF DENTON COUNTY, INC. BY: LL/lfl enc. T•1 Owner Policy-Form Prescribed by State Board of Insurance of Texas-Revised 7.1.1980. c.s • u• su •rr :.r ...•-•L-~ - - ~~•...•`~~_:..•~•..:`....•-w -..-v..+-•-..: wur•: r•`cvti GF E-5890 S T F VV.N R' T '1` I F L 1 k { C, 17 A I?A \ TV GO\I 13A \ Y e . ,t r G { r STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby 1 guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasib'e •;tle to the t estate or interest in the land described or referred to in this policy. ,i i The Company shall not be liabie in a greater amount than the actual monetary loss of the Insured, and in no event shall { the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its j own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, y ? or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matte s n eny manner excepted under this policy by the t. op- , • t tions in Schedule B hereof or excluded by Paragraph 2, ' Exclusions from Coverage of this Policy", of the Conditions alit 1 q { Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement N of such actior. or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of , r the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or P ' right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, claim, or :ight so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this polity. In the absence of notica as aforesaid, the Company is re- lieved from all liability with respect to any such interest, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor ba served with pro- cess therein, nor have any knowledge thereof, nit in any case, unless the Company shall be actually prejudiced by such failure. ' Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured shall for a period of twenty-five years from the date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss, he, they or it may sustain on account of any warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy. s 1 , J IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its Chairman and President under the seal of 0e Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. 1 ( STF.AVAI2'I' TITLE 1 OUA RA NTT COarPANY . Chairman of ',he Board 1r N President Covntersitfed. 3J'p1~~~ S1'WART TITLE OF DENTON 7CUNi l ~,t~ potiqv ~ 1521404 a s81 Iraev. 7teol GENERAL CONDITIONk AND STIPULATIONS 1. Definitions Insured were a purchaser for value without knowledge; The following terms when used in this policy mean: or the homestead or community property or survivorship (a) "land": The land described, specifically or by rights, if any, of any spouse of any Insured, reference, in Schedule A, and improvements affixed thereto which by law onstitute real property. 3. Defense of Actions (b) "public records": Those records which impart (a) In all cases where this policy provides for the defense constructive notice of matters relating to the land. of any action or proceeding, the Insured shall secure to the (c) "knowledge": Actual knowledge, not constructive Company the right to so provide defense in such action or knowledge, or notice which may be imputed to the Insured proceed ng, and all appeals therein, and M. qit it to use, at by reason of any public records. its option, the nrme of the Insured for such purpose. When- (d) "date": The effective date, including hour if specified, ever requested by the Company, the Insured shall give the (e) "insured": The Insured named in Schedule A and, Company all reasonable aid in any such action or proceeding, subject to any rights or defenses the Company may have in effecting settlement, securing evidence, obtaining had against the named Insured or any person or entity who witnesses, or defending such action or proceeding. succeeds to the interest of such named Insured be operation (b) The Company shall have the right to select counsel of law as distinguished from purchase, any person or entity of its own choice whenever it is required to defend any who succeeds to the interest of such named Insured by action or proceeding, and such counsel shall have full control operation of law as distinguished from purchase including of said defense. but not limited to the following: (c) Any action taken by the Company for the defense (i) heirs, devisees, dlstributees, executors and of the Insured or to establish the title as insured, or both, administrators; shall not be construed as an admission of liability, and the (ii) the successors in interest to a corporation resulting Company shall not thereby be held to concede liability or from merger or consolidation or the distribution of the assets waive any provision of this policy. of such corporation upon partial or complete liquidation; (iii) the partnership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does not terminate; (a) No claim shall arise or be maintainable under this (iv) the successors in interest to a general or limited policy for liability voluntarily assumed by the Insured in partnership resulting from the distribution of the assets of settling any claim or suit without written consent of the such general or limited partnership upon partial or complete Company. liquidation; (b) All payments under this policy, except payments (v) the successors in interest to a joint venture made for costs, attorney fees and expenses, shall reduce the resulting from the distribution of the assets of such joint amount of the insurance pro tanto; and the amount of this venture upon partial or complete liquidation; policy shall be reduced by any amount the Company may NO the successor or substitute trustee of a trustee pay under any policy insuring the validity or priority of any named in a written trust instrument; or lien excepted to herein or any instrument hereafter executed {vii) the successors in interest to a trustee or trust by the Insured which is a charge or lien on the land, and the resulting from the distribution of all or part of the assets of amount so paid shall be deemed a payment to the Insured such trust to the beneficiaries thereof. under this policy. (c) The Company shall have the option to pay or settle 2. Exclusions from the Coverage of this Pu ;cy or compromise for or in the name of the Insured any claim This policy does not insure against loss or damage by insured against by this policy, and such payment or tender of reason of the following: payment, together with all costs, attorney fees and expenses la) The refusal of any person to purchase, lease or lend which the Company is obligated hereunder to pay, shall money on the land. terminate all liability of the Company hereunder as to such (b) Governmental rights of police power or eminent claim. Further, the payment or tender of payment of the domain unless notice of the exercise of such rights appears in full amount of this policy by the Company shall terminate the public records at the date hereof; and the consequences all liability of the Company under this policy. of any law, ordinance or governmental regulation including, (d) Whenever the Company shall have settled a claim but not limited to, building and zoning ordinances. under th s policy, all right of subrogation shall vest in the (c) Any titles or rights asserted by anyone including, Company unaffected by any act of the Insured, and it shall but not limited to, persons, corporations, governments or be subrogated to and be entitled to all rights and remedies of other entities to tidelands, or lands comprising the shores or the Insured against any person or property in respect to such beds of navigable or perennial rivers and streams, lakes, bays, claim. The Insured, if requested by the Company, shall gulfs or oceans, or to any land extending from the line of transfer to the Company all rights and remedies against any mean low tide to the line of vegetation, or to lands beyond person or property necessary in order to perfect such right the line of the harbor or bulkhead lines as established or of subrogation, and shall permit the Company to use the changed by any government, or to fil!edin lands, or artificial name of the Insured in any transaction or litigation islands, or to riparian rights, or the rights or interests of the involving such rights or remedies. State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegation or their 5. Policy Entire Contract right of access thereto, or right of easement along and across Any action, actions or rights of action that the Insured the same. may have, or may bring, against the Company, arising out of (d) Defects, liens, encumbrances, adverse claims against the elatus of the title insured hereunder, must be based on the title as insured or other matters (1) created, suffered, the provisions of this policy, and all notices required to be assumed or agreed to by the Insured at the date of this policy, given the Company, and any statement in writing required to or (2) known to the Insured at the date of thi^ policy rinless be furnished the Company, shall be addressed to it at P. O. disclosure thereof in writing by the Insured shall have been Box 2929 Houston, Texas 77001. made to the Company prior to the date of this policy; or loss or damage which would not have been sustalned if the 6. This policy is not transferable. t .r STEN'AllT rITLH OVANANTV COMPANY T1 Owners Policy Schedules -Form PrescribLJ by State Board of Insur once Lf Teas - 1970 lfl-12/29/82 SCHEDULE A GF No. B-8890 e Owner Policy No.: 0 1521404 A Date of Policy: December 27, 1982 I NAME INSURED: CITY OF DENTON. Amount of: SEVEN THOUSAND FIVE HUNDRED SEVENTY-THREE AND 80/100 ( $7,573.80) DOLLAPS. 1. The estate or interest in the land insured by this policy is: (Fee Simple, Leasehold, Easement, Etc. Identify or Describe) FEE SIMPLE. 2. The land referred to in this policy is described as follows: SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION. C1. ARANT y CONIAFy 5812 T-1 Owners Policy Schedules - form Prescribed by Srate Poard or Insurance of T-.as - Fev~sed 7-1-1980 SCHEDULE 8 a PoficY NO.: 0 1521404 A This policy is subject to the Con, itions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, shown in Schedu'e A, an :o the following matters which are additional exceptions from the coverage of this policy: 1 . Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3. Taxes for the year 19 82 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership, 4. The following llen)s) and all terms, provisions and conditions of the instrumentis) creating or evidencing said lien(s) NONE. 5. Rights of parties in possession. 6. Easement dated April 18, 1930 from E.E. Dean et ux Henriettia Dean to Texas Power and Light Company, recorded in Volume 231, Page 194, Deed Records, Denton County, Texas. 7. Any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record. 8. Power line and pole, and that portion on the North lying within SEnger Road as shown by Survey dated October 15, 1975 trade by Gordon M. Collins, Registered Public Surveyor. Countervp,: d SMART TITLE OF DENTON COUNTY, INC. L/ 41 1'7 GUAhANTY COMPANY Authon:ed Cf tersignatufe 5813 Conl.nuaf.on Form 203 A-T Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 1521404 A Continuation of Schedule A "EXHIBIT A" All that certain 0.070 acre tract, or parcel of land situated in the B.B,B. & C.R.R. Co., Survey, Abstract No, 186, Denton County, Texas, said tract being part of a tract described by deed to Tex M. .Martin and wife and recorded in Volume 76a, Page 484 of tce Deed Records of Denton County, Texas an? being more particularly described as follows: Beginning for the northwest corner of the tract being described herein at an iron pin set in the ground at the northwest corner of said Martin tract; Thence South 880 29' 0.'" east along the north boundary line of said Martin tract a distance or 99.25 feet to,a point; , Thence South 880 21' 58" east along the north boundary line of said tract a'distance of 12.1 feet to the northeast corner of sa`.d Martin tract; Thence South 020 14' 59" west along the east tvurdary li,ze of said Martin tract a distance of 27.43 feet to a point for a corner, said point being the beginning of •a curve to the right whose radius is 570.83 feet, central angle is 010 101 06"* and cc.ord bearing of North 889.461.,26" west 11.64 feet; Thence westerly along said curve a distance of 11.64 feet to a point; Thence North 880 11156" west a distance of 6S.65 feet to a point; Thence North 880 27' 27" west a distance of 30.81 feet to a point for a corner in the west boundary line of said Martin tract; Thence North 020 14' 59" east along the west bour.dary line of said tract a distance of 27.13 feet to the place of beginning. %•IT :E:v 1J ki0 MA6E A FART CF MV',tiV TILE CJA?F.,% CXTANY rDUCY n1.0 1521404 A ,'(,wINUATON CF SCHECULE A r"XJERSIGN[D iE'!AFT TITLE OF CENTOA CC T'. r F,UTdtR LED COUNTERS NATURE Paw' STI:%VAIIT TITLE OOAAAMYY COMPANY r ~ ' w •ra t.~ t a.: ,1 ...u w •.v •r •,y t...•~ cti :.1 w w t u~. - t r r L -n M J f 4 Om N L) 0 } " Z G1 (7 0 { Z Drnm p -0 W y g CID z 0O r ~ f D i m COQ zD 9 --1 m ;y k (n G) .j 'i m m p 3 { :E cn p v co ►w m > CD cc 0 Oil Yr co { m r cn ` } i 1. Ya . ' -:-a-..Y-r.i•r.a-~-~a-:ra-m-.~-r.-rm•m•r.~.•.:.Y - :~..tii m F.'. N. M t-.. .•n:'::.'K . c > ' _ t f O ~ _ r i Uzi H t m '+eto oy `Q°'y b 21 r - 7 w~i i°ui Si ,S ~.l _ a :.i t~S ,1'. ~i •'.i M .Y. i'~•'i ' .I n z m 0 m } t.; A•96-WARRANTY DEED-With Cmeral and Corporation Admowledg=tU U"TIN Statioce" Co., D&Uu THE STATE OF TEXAS VOL 1183PAGE590 ' Know All Men By These Presents: COUNTY OF........... 01..0 DEED RECORD'A 36816 That TEX M. MARTIN AND WIFE, ANTIONETTE %fARTIN, of the County of Denton , State of Texas for and in consideration of the sum of -------Seven Thousand Five Hundred Seventy--Three and 80/100-----DOLLARS, to t; 'm inbandpaidby the City of. Denton, Texas, a Municipal Corporation have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas, a Municipal Corporation of the County of Denton , State of Texas albWh22Xz=h c All that certain 0.070 acre tract, or parcel of land situated in the B.B,B, & C,R.R. Co., Survey, Abstract No. 186, Denton County, Texas, said tract being part of a tract described by deed to Tex M. Martin and wife and recorded in Volume 762, Page 484 of the Deed Records of Denton County, Texas and being more particularly described as follows: Beginning for the northwest corner of the tract being described herein at an iron pin set in the ground at the northwest corner of said Martin tract; Thence South 880 291 07" east along the north boundary line of said Martin tract a distance of 99.25 feet to a point; Thence South 880 211 58" east along the north boundary line of said tract a distance of 12.1 feet to the northeast corner of said Martin tract; Thence South 020 141 59" west along the east boundary line of said Martin tract a distance of 27.43 feet to a point for a corner, said point being the beginning of a curve to the right whose radius is 570.63 feet, central angle is 010 101 0611 and chord bearing 06f North 880 461 26" west 11.64 feet; Thence westerly along said curve a distance of 11.64 feet to a points Thence North 880 11156" west a distance of 68,65 feet to a point; Thence North 880 27' 27" west a distance of 30.81 feet to a point for a corner in the west boundary line of said Martin tract; Thence North 020 14' 59" east along the west boundary line of said tract a distance of 27.1.3 feet to the place of beginning. TO HAVE tND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal Corporation, its successors and assigns k,-jmzrdcwtioxforever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Dentoi., Texas, a Municipal Corporation, its successors and assigns it"x*WxAvjM against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our hand s at Denton, Texas this 22nd day of December. , A.D. 19 82 Witnesses at Request of Grantor: G~ ' TE M. 'r1ARTIN ~...._..~...,.,.r~_......_......_.........._......... CAL 118t3poEsgi ANTIONETTE MARTI ILI THE STATE OF TEXAS, ACI+.'1oWLEDGML\"T IlOl11Ut~.PbrE5ty,, BEFORE ME, the undersigned authority, COUNTY OF..... P_ERT-01.._...... in and for said County, Texas, on this day personally appeared E _...._....Z..._J1.Q...Atd.TIOIiETT._MART.IN.... . ,s.,g1111,lltj known to me to 1~01U p o :'FVse name..S._-...... dLe...._.. sub:crbed to the foregoing instrument, and acknowledged to me that the_...Y..e~lr`Wed4e same SeF th;~purposes and consideration therein expressed. GIVE AV} bE SEAL OF OFFICE, This .....~....day of...._Dec a e.r.._............ , A. D. 1 8.2 f . X a L.- - i''•,,.. , ' Notary Public _..._..veII k.Qll_.,...........-.........County, Texas 0 S 1111 M 0 t~~`\ \ My Commission Expires juntr_ ...................71-0 x........ 19 ACKNOWLEDGDILNT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared known to me to be the person whose name..............-_.__.... subscribed to the foregoing instrument, and acknowledged to me that .._......he..._._..executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY FIAND AND SEAL OF OFFICE, Thu..._....._.................. day of , A. D.19........... (L.S.) - ..._._.--1....... Notary Public _ ................County, Texas My Commission Expires June 19____.. CORPORATION ACKNOWUDGMENT THE STATE OF TEXAS BEFORE ME, the undersigned authority, COUNTY OF_._ in and for said County, Term, on this day personally appeared known to me to be the person and officer whose name Is subscribed to the foregoing instrument and acknowledged to me that the same was tho act of the sald__ a corporation, and that be executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _.._.._..day oL~_.__ A. D. 19 (LS.) .Notary Public ......_..._..._.»County, Texas My Commission Expires Juaa.._.._..._.._._._._............... 19._.-.. THE STATE OF TEXAS, COUNTY OF. the..___.._.. County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on _----day of A.D. 19..__..... with Its Certificate of Authentication, was filed for record in my office on the _-.-...day of_ A.D. 19_ at...... o'clock ...M., and was duly recorded thls.......... dap A.D. at_».__...._._...,...O'clock............. _-M., In the Records of said County, In Vol- ume.._._ or, pages W1rXESS my bend and seal of the County Court of said County, at my office in.-.... .r __.._..__..Y....... the day and year Last above written. Clerk County Court....»_..._....__. _ County, Texas (LS.) By_ Deputy. /l is►~L'tiwwj vO1~sp *a8Y J AINrr67 1 47 4 a~G o `r o • an X IR c 3 j I a 'aw Ap uoa.34 I 1. sc -4 'e1 1-00 uo; ud 10 lpmna; pn au a41p a5ed pue aw^4on a41 ul pap of si Alnp sm pue aw A4 uom4 P=dwets eu:.1 Put alep eye uo pc!q sera luawvl'ul s141 IC41 APIA) AW4 seaal 'Aur,oo uquao '1ibll) AINfloo immix io AiNnoa SYX31 3(132YIC GUg39ViCR F IOA W 1 C 1 i ! i ~ i i C ~1 ' iH 1-3 g , ! N K z o o ~ ~ ! ~ p o \ 'y t: 'g$ 8 I k WI -G 1(Y 31 , INN, Y j +Y Z # F i o i i PASSED AND APPROVED this the 42L)' da of 1 y 1983. PC ARD p STEWA T, MAYOR CIT OF D NTON, TEXAS fI ATTEST. . r CHARLOTTE ALLEN, CITY .•F'RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENl-,lJ, TEXAS a BY: , 'OOF .00 Y rtir1 t 1 1 a 4 $ a` y 'F i ,r .1 i k r~ j PAGE 2 ' .r r.. AN ORDINANCE AMENDING SECTION 15-3.1 OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; INCREASING USER FEES FOR CERTAIN PARK AND RECREATION FACILITIES; PROVIDING FOR A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. ,r That Section 15-3.1 of Chapter 15 "Parks and Recreation" of the Ccde of Ordinances of the City of Denton, Texas is hereby amended to read as follows: "Section 15-3.1 Facility Fees Ir- The following fees shall be charged and collected for the use G of the city's parks and recreational facilities in accordance with the schedule set forth herein. Additional fees for facility supervision or police services may be charged in addition to these fees. A. SWIbIMING POOL: 1. Season Pass $25.00 per person or $60.00 per family 2. General Admission $1.00 per adult, $0.75 per child $1.00 per senior citizen (60 years of age or older & spouse) 3. Pool Rental (a) Non-Prifit $10.00 per hour (5 hours or more per week) $15.00 per houi (3-4 hours per week) $20.00 per hour (1-2 hours per week) (b) Private $15.00 per nour (5 hours or more per week) $20.00 per hour (3-4 hours per week) $25.00 per hour (1-2 hours per week) ' (c) Professional $20.00 per hour (5 hours or more per week) $25.00 per hour (3-4 hours per week) $30.00 per hour (1-2 hours per week) (d) Commercial $25.00 per hour (5 hours or more per week) $30.00 per hour (3-4 hours per week) $35.00 per hour (1-2 hours per week) B. TENNIS CENTER: 1. Season Pass $20.00 per person or $50.00 per family ~'.3. 2. General Admission (during posted hours) Singles: $ 1.00 per adult x ` $ 0.75 per child $ 0.75 per senior citizen Doubles: $ 1.00 per adult 0.75 per child $ 0.75 per senior citizen t` PAGE ONE ?W, LFj t 4 0 J . C. CIVIC CENTER: 1. Meeting Room Rental + (a) Non-Profit $ 5.00 per hour or $ 50.00 per day I (c) Private $ 7.50 per hour or $ 75.00 per day (d) Professional $10.00 per hour or $100.00 per day j (e) Commercial $15.00 per hour or $150.00 per day (f) Non-Dentor (add) $ 5.00 per hour or $ 50.00 per day 2. Assembly Room Rental (a) Non-Profit $20.00 per hour or $200.00 per day (b) Private $25.00 per hour or $250.00 per day (c) Professional $35.00 per hour or $350.00 per day (d) Commercial $45.00 per hour or $450.00 per day (e) Non-Denton (add) $10.00 per hour or $100.00 per day 3. Entire Facility (a) Non-P-ofit $25.00 per hour or $250.00 per day (b) Private $32.50 per h,)ur or $325.00 per day (c) Professional $45.00 per :lour or $450.00 per day (d) Commercial $60.00 per hour or $600.00 per day 4 (e) Non-Denton (add) $15.00 per hour or $150.00 per day D. RECREATION CENTERS: 1 1. Meeting Rooms (a) Non-Profit $ 5.00 per hour or $ 50.00 per day j (b) Private $ 7.50 per hour or $ 75.00 per day (c) Professional $10.00 per hour or $100.00 per day (d) Commercial $15.00 per hour or ,$150.00 per day (e) Non-Denton (add) $ 5.00 per hour or $ 5U.00 per day 2. Gyms (a) Non-Profit $15.00 per hour or $150.00 per day i (b) Private $20.00 per hour or $200.00 per day (c) Professional $30.00 per hour or $300.00 per day (d) Commercial $40.00 per hour or $400.00 per day (e) Non-Denton (add) $10.00 per hour or $100.00 per day 3. Game Rooms (a) Non-Profit $ 5.00 per hour or $ 50.00 per day (b) Private $ 7.50 per hour or $ 75.00 per day (c) Professional $1J.00 per hour or $100.:0 per day (d) Commercial $15.00 per hour or $150.00 per day 4. Entire Facility (a) Non-Profit $25.00 per hour or $250.00 per day (b) Private $35.00 per hour or $350.00 per day (c) Professional $50.U0 per hour or $500.00 per day (d) Commercial $70.00 per hour or $700.00 per day (e) Non Denton {ada) $15.00 per hour or $150.00 per day E. SENIOR CENTER: 1. Multipurpose Room (a) Non-Profit $15.00 per hour or $150.00 per day (b) Private $20.00 per hour or $200.00 per day (c) Professional $30.00 per hour or $300.00 per day (d) Commercial $40.00 per hour or $400.00 per day Nt. .t (e) Non-Denton (add) $10.00 per pour or $100.00 per day PAGE TWO u s s ..r ' i Sti• " zl ~1 ~i «`"rtl to lz...I ~t~! AV 'INN Ma IM4 :s a ` 2. Living Room i {a} Non-Profit $ 5.00 per hour or $ 40.00 per day (b) Private $ 7.50 per hour or $ 60.00 per day (c) Professional $10.00 per hour or $ 80.00 (d) Commercial per day (e) Non-Denton (add) $15.00 per hour or $120.00 per day $ 2.50 per hour or $ 10.00 per day 3. Conference Room (a) Non-Profit .i (b) Private $ 5.00 per hour or $ 50.00 per day $ 7.50 per hour or $ 75.00 per day (c) Professional $10.00 per hour or $100.00 per day (d) Commercial $15.00 per hour or $150.00 (e} Non-Denton per day ~ (add) $ 2.50 per hour or $ 25.00 per day 1 4. Kitchen (a) Non-Profit $ 5.00 per hour or $ 50.00 (b) Private $ 7.50 per day per hour or Professional $10.00 r $ 75.00 per day (d) Commercial per hour or $100.00 per day $12.50 per hour or $125.00 per day ~ (e) Non-Denton (add) $ 2.50 per hour or $ 25.00 per day 1 5. Entire Facility (a) Non-Profit ~ $15.00 per hour or $250.00 per day (b) Private $35.00 per hour or $350.00 per Professional $50.00 per hour or $500.00 r day (d} Commercial per day $70.00 per hour or $700.00 per day (e) Non-Denton (add) $15.00 per hour or $150.00 per day F. ATHLETIC FIELDS: 1. Leagues fj (a) Per Team f $30.00 ~ 2. Rentals (a) Per Tournament Sessions Unlighted $ 5.00 per hour Lighted $10.00 per hour 3. Practice Unlighted $ 5.00 per hour Lighted $10.00 per hour 4. Non-Resident Fee $10.00 per participant in addition for Leagues to the above fees. G. CONCESSION STAND: $ 5.00 per dour or $60.00 per day SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PAGE THREE n 1 Z S S i {i I SECTION III. j That this ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the day of 1983. S I" ARD 0 STE A P, MAYOR t CITY OF D.NTON, TEXAS I ATTEST: CHARLOTTE-ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY i CITY OF DENTON, TEXAS + BY: } a r:i I 1 1 4 ~ 1I ~ i L. .77 J~ PAGE FOUR `w. v i Qi~ f' l NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO CEMETERIES, PROVIDING FOR INCREASED FEES FOR LOTS AND PERMITS, AND DECLARING AN EFFECTIVE c DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Chapter 60 Section 6-2 (c), "Prices Paid For Lots in City Cemeteries" of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: "(c) Prices Paid For Lots in City Cemeteries. Non-resident of Denton . . . . . . . $300.00 Resident of Denton Lot . . . . . . . .$250.00 Infant Lot . . . . . . . . . . . . $ 75.00 Concrete Work Permit . . . . . . . . . $ 25.00 Interment Permit . . . . . . . . . . . $ 25.00 i.• 1 Each infant lot or space shall be in designated areas 1 at I.O.O.F. and Oakwood Cemeteries." PART II. ' This ordinance shall become effective immediately upon its passage and approval. PASSEL AND APPROVED this the day of 1983. i I ARD STEW T, MAYOR: CII OF NTON, TEXAS aATTEST: n CHARLOT`.:'E ALLEN, CITY SECRETARY 14, CITY OF DENTON, TEXAS ox? .r APPROVED AS T+) LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CI7 Y OF DENTON, TEXAS r r Bit: h: Y b r + ti'. F - - - - - - - - - -tc~~ NO. 1 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO THE ELECTRICAL CODE, PROVIDING FOR INCREASED FEES FOR ELECTRICAL PERMITS, AND DECLARING AN EFFECTIVE DATE. X THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. i That Chapter 91 Article IV, Section 9-47, "Separate Permits", of the Code of Ordinances of the City of Denton, ' Texas, is hereby amended to read as follows: i."Separate Permits. f A separate permit shall be required for each separate building or store space. To determine the permit fee for an apartment building each apartment unit shall be calculated separately. The cost of electric service to an apartment building shall be determined by the number of service drops or service laterals to the building." 's PART II. This ordinance shall become effective immediately upon its passage and approval. j lk- PASSED AND APPROVED this the day of 1983. Y 7 STEW RT, MAY CIT OF D~NTON, TEXAS 7 a ATTEST: CHARLOTT ALLEN, CITY SECRET CITY OF DENTON, TEXAS t i APPROVED AS TO LEGAL FORM: , C. J. TAYLOR, JR., CITY ATTORNEY 's CITY OF DENTON, TEXAS' f BY: f; f a 7 1 J ~r i i i f i s AN ORDINANCE PERMITTING DENTON FIREFIGHTERS WHO ARE MEMBERS OF THE DENTON FIREMEN'S RELIEF AND RETIREMENT FUND TO DEFER FEDERAL w INCOME TAXES ON THEIR MONTHLY CONTRIBUTIONS TO THE PENSION FUND FROM THE TIME CONTRIBUTIONS ARE MADE TO THE LATER TIME BENEFITS ARE RECEIVED AND DECLARING AN EFFECITVE DATE. 'Vt a THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: WHF,REAS, the City Council of the City of Denton recognizes 'c1 the desirability of enabling its firefighters to defer payment of a part of their federal income taxes; and R~ iI WHEREAS, the State Firemen's Relief and Retirement Law in H.B. 1679 by Salinas was amended by the 1983 Session of the { Texas Legislature to permit firefighters to defer payment of federal income taxes on their monthly contributions to the pension fund; and WHEREAS, the firefighters elected this income tax deferral option b a majority of the eighty-eight by (88) participating members of the fund, votir,.: by secret ballot, on November 28, 1983. Sixty-Two voted in favor of income tax deferral and twelve voted against this change. The sixty-two voting in favor Fr constitute a majority of the eighty-eight particpating members of the fund; and ~ WHEREAS the Board of Trustees of the r pension fund is seeking an internal Revenue Service determination that the { firefighter's pension plan is a qualified retirement plan under' Section 401(a), Federal Internal Revenue Code, and its related 4i trust is tax exempt under Section. 501(a), Federal Internal Revenue Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OE' THE CITY OF DENTON: SECTION I. 41, That this ordinance permits firefighters of the City of Danton, Texas to defer federal income taxes under the terms of i Section 1OF(a) and Section 1OF(b) of the State Firemen's Relief ' 3 f 7 S J'G' V ~ I I .3 If 1 and Retirement Law is hereby established subject to a favorable determination by the Internal Revenue Service that the fire- fighter's pension plan is a qualified retirement plan. PASSED AND APPROVED this the 20th day of Decemoer, 1983. ARD 0 STEWA T, MAYOR v CIT OF D'NTON, TEXAS i ' t1 ATTEST: . L p CHARLOTTE , RETARY o, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY J CITY OF DENTON, TEXAS ' BY: r .s; 3. `I }V~/ Y Y f ~ 1 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ j •Y This Agreement is entered into this day of 'I 1983, between the City of Denton, Texas, a Municipal Corporation, herein referred to as "City", and the Denton Independent School District, herein referred to as "School District", to provide for the shared use of City and School District property on the terms and conditions herein stated: i WITNESSETH: WHEREAS, the governing bodies of the City and the School District are mutually interested in an adequate program of educational and leisure related activities which can best serve t the citizens of Denton most effectively and economically; and WHEREAS, full cooperation between the City and the School District is necessary to achieve the best service with the least possible expenditure of public funds; NOW, THEREFORE, in consideration of the premises, said City a' and said School District do now agree to cooperate with each other in carrying out the above purposes, and to that end do agree as follows: " .i 1. The School District will make available to the City for community leisure activities all school areas and facilities which are suitable for community leisure activities; these areas and facilities are to be selected by the City Manager, or his designee, subject to the approval of the Superintendent of the School District, or his designee. a< 2. The City will make available to the School District for school events, activities ~ and/or programs all City parks and recreational facilities which are suitable for said events, activities and/or programs. The areas and facilities are to be selected by the Superintendent of the School District, or his + designee. 3. All area or facility rules and regulations will apply to the user of the area or facility. 4. A schedule of dates for the use of City areas or facilities will be worked out in advance by the School District, and thisx schedule will be submitted to the City for review on an annual >y basis, or more frequently, so that conflicts are avoided between City and School District usage. In the scheduling of City areas } and facilities the City will have first priority, school events `s and programs will have second priority and other groups or 'y agencies will have third priority. 5. A schedule of dates for the use of School District areas K or facilities will be worked out in advance by the City, and this schedule will be submitted to the School District for review on n . ^r r` r 4 y. . r ~ f, U OY . w~w.w now- i an annual basis, or more frequently, so that conflicts are avoided between School bistric: and. City usage. In the scheduling of School District areas and facilities the School District will have first priority, City events and programs will have second priority and other groups or agencies will have third' ! priority. 6. The user of an area or facility will furnish and supply all expendable materials and supplies necessary for carrying out the program. 4 7. Non-expendable equipment or supplies can be arranged for use through the area or facility manager. { 8. The City and the School District will reimburse each other for any property damages arising out of the joint use of facilities provided for in this agreement. 9. The agencies agree to only those charges as listed: (a) A charge for utilities which will be factored on the approximate cost of the utilities used in the area or facility due to the program or - event. a + (b) A charge for a person who is an employee of the agency supplying the area or facility to be there during the use to supervise the area or i -ility, if that person was not normally scheduled during that time. ,:nl 1 10. Maintenance, custodial and clean-up costs for the area or facility will not be charged unless the area or facility was subjected to othe. than normal usage and wear or if the facility t?y ? was used at a time when custodial services were not available and it was determined the facility needed custodial attention because of the use, e 11. Cancellation notice of areas or facilities by the owner :f agency will be provided to the user agency not less than four (4) weeks nor more than ten (10) weeks in advance of the use. ~y 12. Both agencies agree that all future land acquisition for parks or school sites will be discussed jointly as those needs arise so that cooperative development can occur. Final determination of the school site rests with the School District. rz rl Final determination of the city site rests with the City. 13. Both agencies shall cooperate to make information about ~t. their respective and joint programs available to the public. 14. It is agreed that the City and the School District shall continue to search for new areas of cooperation and to that end ? shall meet regularly together, along with intarested community groups and appropriate City and School District administrative officials. 15. It is agreed that the terms of this agreement may be , altered upon mutual consent of the City and the School District. ?r 16. It is further understood and agreed that either party to t this agreement may at any time terminate this agreement upon giving, in writing, to the other party twelve (12) months notice of its intention to terminate same. ' k, PAGE 2 -w { t 17. This agreement supersedes all prior facility agreements .7 now in effect. EXECUTED th_s the day of 1983. CITY OF DENTON, TEXAS DENTON INDEPENDENT SCHOOL DISTRICT i BY Z2 Z:4 CHARD P. ST WART, MA OR jRED HILL, PRESIDENT ATTEST: ATTEST: CITY SECRETARY SEC TARY ;:r CITY OF DENTON DENTON INDEPENDENT SCHOOL DISTRICT APPROVED AS TO LEGAL FORM:' C. J. TAYLOR, JR., CITY ATTORNEY A. CITY OF DENTON, TEXAS ti BY: &0000),z QF V- 0 9 P :i r 3 p; p i r( 1 .-5. h. n„ YS P .,K :S. PAGE 3 .,yl e'y~'•"AP. 111 ' J ' (Re v. 2 r•) TEXAS APPLICATION FOR LICENSE TO CONDUCT BINGO • • Please read instructions a TYPE OR PRINT a Do not 'wri'te c shaded areas 1. Type of license applied tar • ®A • Annual ❑ T • Temporitry• • •---'---c--+-- -1--1-. >~it ~t t=1 t t 1 ! 1 ' Number of temporary licenses received by your organization during the post 12 months; 2. Has this organization ever If "YES", enter the license number been issued a bingo license? ❑ YES ❑NO-L- 3. Name of organization :217S4bJd1B 4Aii, _ --J 4 <Nlofl(S OF COLUfluUS 4771 - 14UI dINDSOR DRIVi a 11LNT0,4 TX 76201 - _ --1 unty • L' 8L i r a[ t t -t i i L I 5. Describe the specific purposes) for v',ich bingo proceeds will be used, -_J 6. Type of nonprofit organization e 1 • Reriglout ❑ 2 • Charitable ❑ 3. Fraterrol ❑ 4 • Volunteer Fire Dept, t 1 5- Ceterans (te this rrlc nna' oran nlza tlon thartered by the V.n Cortarewi ❑ YES ❑ NO) ❑ 6. Other (F.xplalnl I 7. Duns this organization now have a 501 (c) exempt!ort from the Internal Revenue Service? a❑ YES ❑ NO It ~ YES", attach a copy of the IRS Ruling or determination letter on your exempt states. State Texas ct•artar or COA no. veto I 6. it this organization is a corporation enter: A copy of the Articles of Incorporation must be filed with thin apptieation. 9. if this arganiz,iian s not a corporation, describe the method of 9= ,;•t' end submit evidence of organization. (See hotructiow) Date of organization 10. Enter your organization's Federal Empfoyer'a Identification (FEI) No, (itiny; 11. Does your organization now have a taxpayer number for reporting any 11 "YES", enter Texas tax or a Taxes Vendor Identification Numtser7 s ~ ❑ -as NO number L r t t , , 12. Number of men:.rs In good standing in this organization I f`~J I1 List Pil organization officers (Attach additional shil Ifnecamary) Name Social Security Number Tie Ley -1 y - t4 0,131 L7 „y K~~~l Home address --1-s _ Cit State Lt code 1Y1L! , P ne (Area code a no.) I -i t_S LTX-~ Race-- C4.kc__ Sex Al- Dau of birth-~~ - _ Driver's license IState A oa) ' Zr Name 3ocioi Security Nurrlrjer Title liome address city State , c- L Sprr r 1 T~ _ ZiP code Phone (Area code a nal t! HIV , L.-11_ 1 I.~XJ L7 Ins D~ I t71 ~J.f!YS'?,J Rae 44s - `x__ Date of bins Drivers licerta (914M A na) 14. List at least two active members who will conduct bingo games and be mponsible for filing tax returns. Theta memb l" must sign their nomere in hem 27. Writer the name of the member Prlmarlry rreponaibte first) (Attach additional Meetz if necewary) Naar and number of years as an active member Social Security Number Orlver's liana (State i ma.) Home address City Slate Zip code Phone (Area code a no.) Race,-( OiV I Sex -1~~- Date of birth Name and number of.Lyears as on active member Social Security Number Drivel's license (State & no,) LJTohll_._![.1n1 AeilL'?__.__. -----_-_.-i1 ..f rs, Home address ~~~J city State Zip code Phone (Area code a no.) ~,9_itfmi1~:r__.._~t ___J I J-1Y) L7 c' / Race--L1 C - Sex __fi _ Date of birth- se'e- R~ydlr"w arse 15. Data the fat bingo gems will be played under this license number. _f e~ r l 1 r r lRov. ls 821 2 TEXAS APPLICATION! FOR LICENSE TO CONDUCT BINGO - Page 2 L• 16. Name of organizatit n (same as Item J) - BON LI CE-N-:E FEE PL& T Code ■ 90100 PLO6 T Cede A 90100 ,LfJ1~ //bb ` L l -De sit code _ Ent 0 it axis i 167 !rr -417 41r(ti_ 1177/ J Amount Amount 17, City (same as lfem 4)~ 0 . ■l .{__A'?L~ l.J. , r r r r 1_L1_i t r 1_LJ 16. Distills) of t,., week and lime(s) games will beplayed First day Time, Second da Time + Th7rddey Time •L. 5_xtrJe} _ 2__1__M`tx_-1! c'`_~MJ .l>rti'%•~_Y__ 2_~' na tQ__,~L_£ till .L:f!,__~_7_P_ I LOCATION INFORMATION 19. Name of location at which games will be played oil Addre s (9; reel and numb^r or dirrcriomr) City State Zip code County .L ---J a L - - --J e L_,_._J e l_ t -_L ,J L _ -1 I 20. Is this IDation inside the city limits of the city indicated in Item 19? e ❑ I • YES ❑ O-NO 21, Is this location different from the location of your organization? ❑ YES ❑ NO If "YES", explain why the present location of the organization is not adequate for playing bingo games, i 22. What is the maximum seating capacity for bingo of the location in Item 19? •I 23. Hot. Is this location controlled by your o+ lost ion? ❑ Owned ❑ Leased for bingo ,I LJ Leased for multiple purposes Other (E+Dlaln) (Ste instructions) ~Name of owner of leased premises Ill bingo license number l 1 eL. __1 per c_. 4 L . _ -_J (Address of owner ISlrvrt and number ur P.O. Rai, oils. stale, rip code H erat p per calendar mont th 24 ,BOND I - -NFO -R---MATION-( Tn Dr - ro-m-plr-lyd on7s by ) - applicants fur annual hnnor. S-rr i - - L ' lgstrralir,nsl ' a. Estimated monthly bingo gross receipts fwhoie dollars only) _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ _ b, Exemption allowed per month 2,500 c. Estimated monthly bingo receipts subject to tax fltess a minas Item b)_ - _ _ - - - _ _ _ - _ -123" :C? d. Estimated monthly tax at rote of 2% (Nultfpy !!errs a by ,01) _ _ _ _ _ _ _ _ _ _ - _ _ _ 9 se, e. Amount subject to bond (slxlliply Item it by 3) - - - - - - - - - - - - - - - - - - - - 7A77) _ S I. AMOUNT OF BOND nEOUIRED (llem egS 1100, whichever is larger) - _ - • 7J L.u Type of bond • ❑ 00- Not required ❑ 01 • Cash ❑ 02 • Sure:,ebond 03. Assignment of savings account 25. Enter the following Inlornetian fa each item of estimated expense. (Attach additional ghetto V necessary) AMOUNT OF EXPENSE NAME AND ADDRESS OF PERSON TO WHOM PAID PURPOSE OF EXPENSE i 26. LICENSE FEE - Payment of license fee must be submitted with application. Psyment received f,.-tense Fee: $SO • Annual 1S • Temporary) OYES Q NO 27. AFFIDAVIT OF RESPONSIBILITY We, the undersigned, herriby declare that the organization Identified above Is a bonafide nonprofit organization, that we are active members of the orginlzati~n, that we will be responsible for conducting bingo games and for filing all required returns in accordance with the provisions of the Texas Bingo Enabling Act, and that all net proceeds derived from bingo games will be used for charitable purposes as defined In the law. We further declare that we hove never been convicted of a felony, criminal fraud, or a crime of mara, turpitude, / !1 l We further certify that copies of this application have been sent to-~f~7 l ~ 6 Of &JtA-.n and to the Office of the Attorney Gonerel, end that all statements in ON application and any attachments thereto are true and II correct to the best of our knowledge and belief. t S. n c r as of organization) T ti Data 1 here _ gYI i ~ • 7 2 8(g~ r n Title Date 3 here _.1~_11_rn~?- - _ I rrGS/c,•L:-- r_~7 slgn) Mem1 er Title Date here Field Of ice number E.O. name Al :I v numoer Dsa Continuation for Bingo License Renewal: License M 12375460818 41001 Kinghts of Columbus 4771 Item 14 continued: Additional Operators: Joe D. Bayer 15 years Rt. 2 Denton, TX 76201 White Male Born: 2/21/49 TX DL 05799141 John Beasley 6 years 3106 Broken Arrow Denton, TX 76201 White Male Born: 3/11/45 TX DL 06484113 Edward Bleess 29 years 2502 Foxcroft Denton, TX 76201 White Male Born: 6/38/38 TX DL 05559313 Billy Joe Coffey 912 Westway Denton, TX 76201 White Male Born: 11/23/37 TX DL 03892734 Eugene M. Hartman 818 Stanley Denton, TX 76201 White Male Born: 11/18/40 TX DL 4339445 Joe A. Pelzel 728 Del Drive Denton, TX 76201 White Male Born: 1/13/27 TZ DL 0897017 MGCA Statement ~.F~ 2 7 LONF• STAR GAS COMPANY - TRANSMISSION DIVISION STATEMENT OF GAS COST ADJUSTME11T AND CITY GATE RATE* EFFECTIVE JANUARY, 1984 IN ACCORDLNCE 14ITH ORDER OF TEXAS RAILROAD CORMISSION UNDER DOCKET NO. GUD-3543 Line Mcf Amount Amt./Mcf 1 Estimated Gas Purchases 46 309 000 $171 816 000 $ 3.7102 2 Plus Estimated Withdrawal From Storage 6 256 000 20 367 000 :.2556 3 Less Estimated Injection Into Storage 1 110 000 4 195 000 3.7793 4 Estimated Net Gas Received Into System 51 455 000 $187 988 000 3.6534 5 Ratio Volume Sold To Volume Received - .9751 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) 3.7455 7 Plus Gas Cost Correction Factor (MGCCF) Based On November, 1983 (.0229) 8 Less Base Cost Of Gas Included In Base Rate 3.5195 9 Less Extracted Products Revenue Adjustment (MF.PPA) Based On November, 1983 .0472 10 Plus Base Extracted Products Revenue Per Mcf .0890 11 Plus Cut-of-Period Adjustment Per Mcf (MOPA) Based On November, 1983 _ .0109 12 Subtotal .2558 13 State Utility Tax Recovery Factor X 1.0025 14 Gas Cost Adjustment (biGCA) .2564 15 Plus Base City Gate Rate 4.0200 16 Regular City Gate Rate 4.2764 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge .0000 18 City Gate Rate 5 4.2764 *Intracompany charge to the Company's distribution divisions for sale to residential and commercial customers and for distribution company-used and unaccounted-for gas. i - r.xrR F 'I`HE STATE OF TEXAS, KNOW ALL MEN BY THESE ktSr j' COUNTY OF DENTON L P,IKlERTY RECORDS That The City aE Denton, Texas, a Municipal corporation c 2y II of the County of Denton and State of Texas , for and In consideration of j f the sum of ---------------------TEN AND NO1100 ($10.00}----- and other good and valuable consideration -------DOLLARS to it in hand paid by Denton Four Joint Venture i of the County of Denton and State of Texas ,the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER ± f QUIT CLAPII unto the said Denton Four Joint Venture, its successors i kkxxand assigns, all its right title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, I to-wit: [All that certain lot, tract or parcel of land lying and being situated in I~ (Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No. 762 and being out of a certain tract of land conveyed to G. H. Neely by deed of record in Volume 150, Page 325 of the Deed Records of Denton (County, Texas and conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of the tract conveyed to G. H. Neely by the deed recorded in Volume 150, Page 325 of the Deed Records of Denton County, Texas, said southeast corner being 25 feet, more or less, north of the southeast corner of the J. D. Lilly Survey, Abstract No. 762; THENCE north 1200' east 546 feet along the east boundary line of the above mentioned tract to a point for corner; THENCE north 7800' west 700 feet, more or less, to a point for corner; THENCE north 1200' east 900 feet, more or less, to a point for corner; THENCE north 18020' west 300 feet, more or less, to a point for corner, same being in the south boundary line of the Texas 6 Pacific j Railroad right-of-way; THENCE 20 feet along said right-of-way in a southwesterly direction ±I to a point for corner; THENCE south 18020' east 300 feet to a point for corner; THENCE south 1200' west 920 feet, more or less, to a point for corner; THENCE south 78°0' east 700 feet, more or less, to a point for corner; THENCE south 1200' west 526 feet, more or less, to a point for corner; THENCE 20 feet in a northeasterly direction along the south boundary line of said tract to the place of beginning. i I TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Denton Four Joint Venture, its successors i ~hekx and assigns, forevrr, so that neither the Grantor the said City of Denton, Texas, a Municipal Corporation, its successors nor xbeii; nw any person or persons claiming under it shall, at any time hereafter, i rave, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of.. i NITNFSS~ our hand at Denton, Texas this day of A. D. 19 Witnesses at, Regge9t of Grantor: CI*RIHARDD ON, kE SATTEST: BYSRT - ~-isF-ILSECft6TARY------ l'i. ......FAui- cUO SENGLE ACKNOWLEDGMENT THE STATE OF TEXAS, l COUNTY OF r BEFORE ME, the undersigned authority, in and for said County, Texas, or this day personally appeared known to me to be 'he peisor. chose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER iIN' HAND AND SEAL OF OFFICE:, This d:,y of A.D. 19 . Notary Public, County, Texas bly Commission Expires Tune 1, 19 _ SINGLE ACKNOWLEDGNIENT THE STATE OF TEXAS, BEFORE 5[E, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19.. Notary- Public, County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFOr`E ME, the undersigned authority, COUNTY OF. DENTON Richard O. Stewart, Mayor of in and for said County, Texas, on this day personally appeared.._-.---- the City- of. Denton,_ Texas known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City. of Denton,...Texas .r..a._Municipal------ 5Ccorporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thi.ti ~ -day of. {A[tl, A.D. 19 Q✓~ JEANETTE SCOTT ' hbksubofIVA Notary Pu I n r , . el]tDil___. Count Y. Texas " 1\ *Cemeasi%Er#lr 1bnh31 dfy Commission Exvirea Dune 1, y CLERK'S CERTIFICATE THE STATE OF TEXAS, _ , Cowlty COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the . _ day of A. D. 19 with its Certificate of Authentication, was filed for record in my office on the day of 1rYL~D. 19 at o'clock M., and duly recorded this day of '~,t p. % A. D. 19 at o'clock M., in the Recdrld&;1*a ~a0rjYwn Volume._ on pages WITNESS MY [LAND AND SEAL Of !fwp, Cr`L7e~s4Ctfi% Ajp PArnty, at office in oft" bpd tIdR~Y I"^ritten. Suma^ ~ t `mot. a as St,or. eras. 6itost s tv,5 d~ Jerk ~ Count, • a R~ D, poly. (L. S.) daC OF.~ Y • 4 a~ C4 a E-4 1iI F O d ° 3 Z is ° O 2 U) 0 Ff. /j 4 C) 0 A H' Z: Q 0 01 H. w ,1~id~ k7 w A11 v u O a W'+ I~r^, ,°x `~yI O W: H G p ° itC tic 0 H OM O D' ~r7 > c ~I r,~ {IY ~G ~3~ 69~I ~Y O ° O W L c < F+ _ Ga u H' Z._: Ila ~i - V, O _ I v _~jl .7 '1 W: zi \ ~ xI w - \ V' H C]. 'J 7 U as i C 0.l .I~i, M f T_ - - -z - ` rcx'~r`v_v - - YK 0- _ THE STATE Or TEXAS, T-~ ~ - ' PACE 101 1 KNOW ALL ➢TEN BY THESE PRESENTS: COUNTY OF DENTOt1 << PROPERTY RECORD h That The City of Denton, Texas, a Municipal Corporation of the County of Denton end State of Texas , for and in consideration of the svm of ----------TEN AND NO/100 ($10.00) and other good and valuable consideration COLLARS, to it in hand paid by Denton Four Joint ,Venture I of the County of Denton and State of ' Texas ~ . the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLABI unto the said Denton Four Joint Venture, its successors R heirxand assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, to-wit: I All that certain lot, tract or parcel of land lying and being situated inF Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No. 762 and being out of a certain tract of land conveyed to Joe Belew by deed dated December 12, 1981 recorded in Volume 1126, Page 129 and deed to Tom D. Jester, Jr. dated September 16, 1983 recorded in Volume 1258,1 Page 915 of the Deed Records of Denton County, Texas, conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas,;, and being more particularly described as follows: BEGINNING 325 feet north of the southwest corner of the Neely tract, saidl southwest corner also being the southeast corner of the Join W. Mozingo Addition to the City of Denton, Texas; ` THENCE north along the east line of said Mozingo Addition 20 feet to a, point for a corner; THENCE east 251.3 feet, a point for corner; THENCE north 162.7 feet, a point for corner, said point being in the J' south line of a sewer easement heretofore granted by G. H. Neely and wife! in 1952; THENCE east 20 feet along said south line of said prior sewer easement to a point for corner; THENCE south 182.7 feet, a point for corner; THENCE west 271.3 feet to the place of beginning. TO HAVE AND TO HOLD the said premises, together with %D and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Denton Four Joint Ventutu, its successors xbd= and assigns, forever, so that neither the Grantor the said ~ the City of Denton, Texas, a Municipal Corporation, its successors fi nor taefmmor any person or persons claiming under it shall, at any time hereafter, hate jjRor demand any right or title to the aforesaid premises or appurtenances, or ally part there- r f WrFNES ~ our hand at this CA4 day of A. D. 19 a.3 ace Witnessd at I>Fe est of Grantor: CITY OF DE TO TEXAS ATTEST:'- _ BY R HARD RT, 21 A I 104:4~ lot SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County-, Texas, nn this day per<onally appeared kno-an to me to b- the person whose same subscribed to the foregoing instrument, and acknowledged to me that he executed the s,rme for the purposes and consideration therein expressed. GIVEN UNDER NIY HAND AND SEAL OF OFFICE, This day of A.D. 19 (L.S.) Notary Public, County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDG31ENT THE. STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas. on this day p. rsonally appeared knoticn to me to be the person who .e name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the rurposes and consideration therein expressed. GIVEN UNDFR MY HAND AND SEAL OF OFFICE, This day of A.D. 19.. (L.S.) Notary Public, County, Texas My Commission Fxpires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF. DENTO.I BEFORE 14fE, the unders geed authority, in and for said County, Texas, on this day personally appeared. ._Richard 0-.--_Stewart, Mayor of the . City of Denton, Texas. _ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said _City.of Denton, ,.Texas,__a_ Mun-icipal_ X corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. 1 GIVEN UN fY HAND AND SEAL OF OFFICE, This. ...day of.. A.D. 18? (L. JEMETTE SCOTT - - `al Is1k 9oa tt twr ly N"Inha EqM llad 31.Or Notary Pub County. Texas My Commission Expires June 1, 19.-- CLERK'S CERTIFICATE THE STATE OF TEXASr County COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of _ A. D. 19 with its Certificate of Authentication, was filed for record in my office on the day of A. D. 19 at o'clock M., and duly recorded this day of A. D. 19 at o'clock M., in the Records of said County, in Volume.... on pages _ WITNESS 31Y HAND AND SEAL OF THE COUNTY COURT! aunty, at office in _ the day ` OVA* written. 00 04 Ojos saw l4 y County, Texas. 006%Wae 0 two rd rSUM Deputy. is 14,419, o 28 C""41. 1g$3 L oil "o 3 E h u ty > 0 Nr tY~' "7' T J ] v NO H E-4 LL] E Z a d a a Q {ILi tt V ~ .E d ~ A Q[ W 2 V x d a ; Cy [mil, Z1 ? nfillll;~ a n O SL : p H L✓. 00 CV p'' e~ ti 6 p,7 u O p X}1 + eY~} 1I'Ax'; i~,`e C7C-s 11rr C4 WCa F 4~ h GN f. Fu o ~n 0 .1 r'4:: V tx. 111 cc Iro~'x KY~ FBI ` O x i + w s v o < H E-4' o a! - x t t; z u f13 It - M d v o' y > Ex-4 A, a ~`If T W n V 0.7 V! Qa ii 1 Primary Agreement No. SYS 758 2 Addendum No. SYS A 3 Licensed Materials Maintenance Order No. SYS 103 4 LICENSED MATERIALS MAINTENANCE ORDER 5 1. CLIENT: City of Denton 6 2. ADDENDUM: This Licensed Materials Maintenance Order, numbered SYS 103, 7 has been made and entered into as of November 15, 1983, by Client and TRES 8 and is an addendum to Primary Agreement Number SYS 758, made and entered 9 into as of April 20, 1981, and expanded by Licensea Materials Addendum Number 10 SYS A to the Prim^ry Agreement, made and entered into as of April 20, 1981. 11 3. MAINTENANCE PERIOD: This Licensed Materials Maintenance Order 12 ("LMMO") is for: 13 3.1. A subsequent Maintenance Period beginning October 1, 1983, and 14 ending October 1, 1984. 15 4. CHARGES: The Licensed Materials Maintenance Charges for this Maintenance 16 Period are: 17 Charge Description Job Girder No. Charge Amount 18 Licensed Materials: 19 Customer Information System 001 $12,000 20 Total Charges $12,00 0 21 5. INVOICING: 22 5.1. If applicable, along with this LMMO, TRES will Include an invoice 23 since the LMMO charges are payable in advance. The LMMO charges are net 24 charges and subject to Paragraphs 15.2, 15.3, and 15.4 of the Primary 25 Agreement. 26 5.2. In the event that TRES provides services to the Client during the 27 Maintenance Period which are billable, TRES will invoice Client monthly for all 28 hours worked and Reimbursable Expenses. Invoices will be submitted by TRES 29 on or before the tenth working day of the month for hours worked and 30 expenses incurred during the prior month. 31 6. PAYMENT: Payment terms are defined in the Primary Agreement. 32 7. STANDARD MAINTENANCE PROVISIONS: 33 7.1. For as long as the Client has prepaid the Licensed Materials 34 Maintenance Charges and either is paying or has paid the License Fee, then 35 during the Maintenance Period TRES will: 36 7.1.1. Supply temporary and/or permanent corrections or make '37 reasonable attempts to provide emergency bypass procedures if a problem is 38 identified in the Licensed Materials and if TRES diagnoses the problem as a 39 defect in a current, unaltered release of tt:e Licensed Materials. Licensed Materials Maintenance Order -1- 3027N 1 7.1.2. Provide the Client, at no charge, any known problem solutions 2 relating to the Licensed Materials, as said solutions become known to TRES. 3 7.1.3. Provide Modifications to the Licensed Materials to accommodate 4 any new IBM Operating System release, provided the hardware instruction set 5 and/or Operating System remains upward compatible and further provided TRES 6 has available to it all the necessary information regarding the Operating System 7 release and TRES has installed and operated said Modifications for its own use 8 or for the use of any other client of TRES at the time Client requests, in 9 writing, said Modifications. Such Modifications shall be provided to Client at no 10 charge, subject to other provisions herein, as soon as possible after the 11 Licensed M..ateriais update incorporating such Modifications is released for 12 general dis:ribution. 13 7.1 4. Provide (subsequent to the Initial Maintenance Period) the 14 Client with up to sixteen (16) hours per year of on-site consultation by a TRES 15 professlorial staff member(s) to provide general consulting, system performance 16 evaluation, retraining, and other such consul ting/nonprogramming activities as 17 rndy be required. Client gill be charged only for Reimbursable Expenses. 18 7.2. Notwithstanding the foregoing, however, Client understands and 19 agrees that the complete and sole responsibility for the installation of 20 Modifications to the Client's installed version of the Licensed Materials remains 21 with the Client and Client shall be responsible for installation of all corrections, 22 problem solutions, Modifications, and other changes to the Licensed Materials 23 provided by TRES hereunder. However, upon request of Client, TRES will 24 deliver and install program corrections and Modifications at the Client site and 25 will invoice Client at TRES's then standard rates for labor and for Reimbursable 26 Expenses. 27 7.3. TRES's correction of errors in program code in a current, unaltered 28 release of the Licensed Materials that TRES has delivered to the Client is 29 srsbject to the following conditions: 30 7.3.1. Errors will be reported to TRES by an authorized 31 representative of the Client. Initial reporting may be by telephone or whatever 32 means deemed expedient by the Client. 33 7.3.2. Should it be determined that TRES will be unable to resolve the 34 problem with the information initially provided, within twenty-four (24) hours, 35 not to include weekends and holidays, of receipt of the initial report, TRES 36 shall advise Client to forward additional information accompanied by the Error 37 Reporting Form, an example of which is attached. Requested information could 38 include all necessary and applicable documentation, data files, listings, console 39 ',)gs, and the like. 40 7.3.3. TRES will make a reasonable effort to provide a temporary 41 correction and/or permanent correction or provide an emergency bypass 42 procedure to Client within five (5) working days of receipt of initial report. If 43 more time or data is required by TRES for correction, TRES will inform Client 44 of TRES's proposed course of action and will provide Client with a proposed 45 target date for completion of the correction. TRES may request such additional 46 computer runs as are necessary to duplicate the conditions F.t the time of the 47 error and to provide additional necessary diagnostic information. If the Client 48 requires a more rapid response time than the target date for completion of the 49 correction proposed by TRES, then TRES will endeavor to meet such sooner 50 date for completion of the correction, but will invoice Client at TRES's then 51 Standard Rate Schedule for all labor time actually spent and for Reimbursable 52 Expenses. Licensed Materials Maintenance Order -2- 3027N r 7.3.4. TRES will invoice Client at TRES's then standard rates for !abor, as well as for Reimbursable Expenses, incurred for analysis of any errors or other conditions not caused by an error in a current, unaltered release of the Licensed Materials. These include, but are not limited to, data errors, program Customization, operator errors, system misuse errors, hardware or operating system malfunction, noncurrent or nonstandard versions of hardware or operating system, later changes of hardware or operating system .%nick require changes in program code, and failure to incorporate corrections and operating system upgrade Modifications previously suppjied by TRES. 8. AUTHORITY: EACH PARTY HAS FULL POWER AND AUTHORITY TO ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY AUTHORIZED AND EMPOWERED TO ENTER INTO AND EXECUTE THIS AGREEMENT. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IN WITNESS HEREOF, Client and TRES have executed this Agreement as of the date first indicated above. TRES SYSTEMS, INC. CITY OF DES TON By By 7 / l~L Name TE ENCE D. JUNG Name G. Chris Hartung Title SENIOR VICE PRESIDENT Title City Manager FINANCE Date DECEMBER 27, 1983 Date December 28, 1983 n n ~ YW iSMAGE 36 w C w Rc~i r+t~rfiTY RECORDS cn 3 EASEMENT DEED THE STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That LIFEMARK HOSPITALS, INC., a Delaware cor- poration (herein called "Grantor"), for and in consideration of the sum of One Dollar ($1.00) to the Grantor in hand paid by the City of Denton (herein called "Grantee"), whose mailing address is set forth below, the receipt of which is hereby acknowledged, has GRANTED, SOLD and DEDICATED, and by these presents U-,jv GRANT, SELL and DEDICATE unto Grantee, its successors and assigns, an easement and right-of-way (herein called the "Easement"), for the purposes hereinafter specifically stated, on, over, under, through and across the following described strip of land (herein called the "Ease- ment Strip") lying and being situated in Denton County, Texas, to-wit: Being a continuous strip of land sixty (60) feet snide out of and a part of the tract of land described in Exhibit A attached hereto and made a part hereof for all purposes, and running adjacent and parallel to.the north- erly, westerly and southerly boundary lines of said tract described in Exhibit A hereto. This grant and dedication is expressly made subject to all validly existing restrictions, covenants, conditions, rights-of-way, easements, mineral leases, mineral reservations and royalty reservations, of record, if any, affecting the Easement Strip. The purposes for which the Easement is granted are for the construction, maintenance, rer- operati'-n and use of a street and utilities (including, q_Lhout limitation, water lines, sanitary sewer lines, gas lines and related appurtenances) for the public use, forever. w 1316PAGE 37 TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee, its successors and assigns, forever. EXECUTED this 1 0t'day of December, 1983. Grantee's mailing address: LIFEMARK HOSPITALS, INC. a Y O D l ~170~ / By: De,"om. Tx '%2o l Name: W; //iA,s, tj.(-gM*kV Title: Sldi.6 xtslois THE STATE OF TEXAS § COUNTY OF NACWI~ S This in3trument was acknowiedged before me on 1983, by 1LA,r, f/. ! o.,rs,FiEcv as Seu;o Vicc 4t.1aryr- of Lifemark Hospitals, Inc., a Delaware corporation, on behalf of said corporation. 6-Notary Public and for the State of Texas My Commission Expires: jOHN R. HEDRICK NOTARY PUWC IN T IiE STATE Of TEXAS MY COMMISS!JN EXPIRES MARCH 3,1984 2. voi DMA'GE 38 'HIBIT A Being a tract of land in the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and being part of the Royce G. H01 and Janie M. Hull 158.537 acre tract as recorded in Volume 990, Page 183, Deed Records of Denton County, Texas, more par- ticularly described as follows: BEGINNING at a 1/2 inch iron rod found on the East line of the said B.S.B. & C.R.R. Company Survey, said beginning point also being the West corner common to Westgate Hospital and Medical Center Ltd. Tract 11, as recorded in Volume 733, Page 217, Deed Records, Denton County, Texas, and Lifemark Hos- pitals, Inc. Tract as recorded in Volume 1095, Page 404, Deed Records, Dentoi: County, Texas; THENCE, South 00 53' 29" West, 1,246.50 feet along said East line of tha B.B.F. & C.R.R. Company Survey, to a 1/2 inch iron rod found for corner. Said corner also being the Southwest corner of Lot 4-A, Block A, Section 2, a Replat in Freeway Park Subdivision as recorded in Cabinet C, Page 17, Plat Records, Denton County, Texas; THENCE, North 890 46' 00", 310.02 feet to a 1/2 inch iron rod set for corner; THENCE, North 00 53' 29" East, 1,243.65 feet, to a 1/2 inch iron rod set for corner; THENCE, North 890 42' 27" East, 310.07 feet to the POINT OF BEGINNING, containing a computed area of 385,979 square feet (8.8609 acres) of land. (LS` C3 4V d ` 6 IN f Ocr) f: VOL 32 w REAL PROPERTY RECOIRDS o w 73 EASEMENT DEED r )1~,~32J cnn J THE STATE OF TEXAS § ~ r S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § Flf6p That WILL SAMUEL MARSHALL, a resident of San Patricio County, Texas, not joined herein by his wife since his interest in the Easement Strip (as hereinafter defined) is his separate property and constitutes no part of their homestead, either business or residential, MARGARET JATTIE MARSHALL HULL, a resident of Denton County, Texas, not joined herein by her husband since her interest in the Easement Strip is her separate property and constitutes no part of their homestead, either business or residential, and ROYCE G. HULL and wife, JANIE M. HULL, as TRUSTEES (herein called "Grantors"), for and in consideration of the sum of One Dollar ($1.00) to the Grantors in hand paid by the City of Denton (herein called "Grantee"), whose mailing address is set forth below, the receipt of which is hereby acknowledged, have GRANTED, SOLD and DEDICATED, and by these presents do GRANT, SELL and DEDICATE unto Grantee, its successors and assigns, an easement and right-of-way (herein called the "Easement"), for the purposes hereinafter specifically stated, on, over, under, through and across the following described strip of land (herein called the "Easement Strip") lying and being situated in Denton County, Texas, to-wit: Being a continuous strip of land sixty (60) feet wide and being more particularly described in Exhibit A attached hereto and made a part hereof for all purposes. This grant and dedication is expressly made subject to all validly existing restrictions, covenants, conditions, rights-of-way, easements, mineral leases, mineral reservations and royalty reservations, of record, if any, affecting the Easement Strip. ~¢V 616?M 33 The purposes for which the Easement is granted are for the construction, maintenance, repair, operation and use of a street and utilities (including, without limitation, water lines, sanitary sewer lines, gas lines and related appurtenances) for the public use, forever. Without limiting the foregoing, Grantee shall have all the rights, privileges and benefits necessary or appropriate for the full enjoyment and use of the Easement for the purposes herein specified, including, without limitation, the right to connect any sanitary sewer lines installed within the Easement with the s.iwer line presently under construction north of that certain 8.8609 acre tract of land described in Exchange Deed of even date herewith executed by and between Grantors and Lifemark Hospitals, Inc., recorded or to be recorded in the Deed Records of Denton County, Texas. TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee, its successors and assigns, forever. EXECUTED this 23goday of December, 1983. Grantee's mailing address: CITY OFDEAa, I SAMUEL MARSHALL ~A7j/)11f. l x, '7201 WILL M JANIE tARSHALL` HULL RO HULL, TRUST LE 4~ NIE M. HULL, TRUSTEE -2- r VGL BMPAcF 34 THE STATE OF TEXAS $ COUNTY OF~j § T is~jinstrument was ackno ledged before me on 12-2- r 1983, by W L SAMUEL HALL. Ajj~141 q~ A vAA No a y P in n for the Sta a of Texan My Commission Expires: Pit i. J.1, c I !'.I ary Publ,a Denton County. Texas 6!y commission expires 1 c, THE STATE OF TEXAS $ 1.•`ol~ Z COUNTY OF~ o § FpE"t• Thi instrument was ackn wledged hefbr- me on , 1983, by CARET .T J E MARS LL HULL. (2-27-.9 ,Rbf-ylj~ b is i Arid for the St to of Texas „I.•""""'''~ 1 My Commission Expires 'y~ HARVEY E, WUEST, 1R. Vc-ca C%nty. Texas My comm;ssio~ expires c THE STATE OF TEXAS COUNTY OF 1JJ5 Kyr0/J § T is instrument was ackn wledged before me on 12-2r7 - 3 , 1983, by R YCE G. as TRUSTEE. otar blic in a d for the S ate of Tex s My Commission Expires: -~1 - SE Y"RVEY E, ti7UEST, 7R, ~iC)PJara•y D_n;on Ccl,nty. Texas THE STATE OF TEXAS § MX Commission expires - D COUNTY OF HARRIS S Oil . ENS 1 In MTh' instrument was ackn wledged be ore me on ~ 1983, by IE M. L as TRUSTEE. o ary blic i d for the S ate of Texas My Commission Expires: My comm;ssion expires ; o2 -Z OFUEP15U~%. ~q IN NII`• PPP-7 0 DMAGE 35 EXHIBIT A Being a strip of land 60 feet in width in the F. Batson Survey, Abstract No. 43, and being part of a Replat in Freeway Park Subdivision, Section 2, Block A, Lot 4-A, as recorded in Cabinet C, Page 17, Plat Records, Denton County, Texas, more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the Southeast corner of said Lot 4-A; THENCE, North 890 46' 00" West, 296.70 feet, to a 1/2 inch iron rod found for the Southwest corner of said Lot 4-A; THENCE, North 00 53' 29" East, 60.UU feet, to a 1/2 inch iron rod set for corner; THENCE, South 89° 46' 00" East, 284 feet, to a 1/2 inch iron rod set for corner; THENCE, South 110 05' 00" East, 61.19 feet, along the West right-of-way line of Mesa Drive (a 60 foot right-of-way) to the POINT OF BEGINNING, ceintaining a computed area of 17,420 square feet (0.3999 acros) of land. I V f t d ~ L n n o~ ~ ~ ~ til7 ,~d4 ~ ~ 3 ~ ~ ~+AII Q o ~ _ l r ril LO M1 ~ ^ /ywj 3 K ~ r M G C ' Z l ~'•L _-F~~t,~_,t-r~ ~E~, 1 1~~C ~'~,~C;r~~, , 1~._t L, ~ ~~t l- ~ ~~~C~ ~ UNITED STATES FIDELITY AND GUARANTY COMPANY STATUS INQUIRY 3 0 OWNER, OBLIGEE OR ORIGINATING CC S ADDRESS 000811 F CITY OF OENTCN - CITY MALL DATE 215 E MCKINNEY 12/31/83 0 E N TO N OUR BOND NO. L TX 76201 J 18-0120-12780-63-9 REMSURCRSNO. CONTRACTOR GRAY & EATEY CCNSTALCTICN COMPANY PT 2e 80X 525 ADDRESS DENTCN 7)( DESCRIPTION OF CONTRACT ELECTRICAL SUBSTATICN SWITCH GEAR BLOG• DENTOI TEXAS OWNER ITRI OF OENTON - CITY HALL CONTRACT PRICE PERFORMANCE BOND Ll1M PAYMENT BOND EFFECTIVE DATE 1316685 f $3 *ties 13/83 WITHOUT PREJUDICING YOUR RIGHTOR AFFECTING OUR LIABILITY UNDER BOND (S) DESCRIBEDABOVE. WE WOULOAPPRECIATE SUCH OF THE FOLLOWING INFORMATION AS ISNOW AVAILABLE. VERY TRULY YOURS. BY APPROXIMATE CATE OF COMPLETION APPROXIMATE ACCEPTANCE FINAL CONTRACT PRICE OFWORK ICRFINAL DELIVERY), DATE 1. )F CONTRACT COMPLETED, PLEASE STATE: E 2. IF CONTRACT UNCOMPLETED. PLEASE STATE: APPRO%IMAI'E PERCENTAGE OR DOLLAR AMOUNT 1 OF CONTRACT COMPLETED OR DELIVERED )j 3. DO YOU KNOW OF ANY UNPAID BILLS FOR LABOR OR MATERIALS. 0 YES ❑ NO It is understood that the information contained herein is furnished is s. REMARKS` a matter of courtesy for the confidential use of the surety and 1, merely an expression of opinion. It is also agreed that in furnishing this information, no guaranty or warranty of accuracy or Correctness is made and no responsibility is assumed as a result of reliance by the surety, whether such information is furnished by the owner or by an architect or engineer as the agent of the owner. PLEASE RETURN ORIGINAL OF THIS INQUIRY IN ENCLOSED ENVELOPE TC! OWWNER, F-U* S• Fe & G• By NAME: DALLAS 13e Ce SIGNATURE 900 ONE GALLERIA TCMER TITLE_ ADDRESS: 13355 INCEL ROAD LDALLAS a TX 75240 J DATE GENERAL FORM STATUS INOUMY THE LANGUAGEOF THIS FORM 15 ACCEPTABLE TOTHE FEDERAL CASES TO BE SUBMITTED IN DUPLICATE. SURETY ASSOCIATION OF AMERICA STAMPED, ADDRESSED ENVELOPE TO BE ATTACHED. D, P.7111(9791 M T m M rn v Z m z ; Z m Z Z C ' i v ,o c D w O Z r W O o y n co Ch o I -q z Z N D m CO ~O D F v' V/ ■sl V r D m M z ( n A r m m o ° ' m Drn<mC/) • r p , o K < 0 q ` z rrl Z cr) ° m wm m m N w m VC, ~V Z K D m c z z 2:^m0 v ym Cl)C Dmm>> N 0 <m CERTIFICATE OF AUTHENTICITY THIS IS TO CIPTIFY that the microphotographs appearing on this Film-File Starting with DECEMBER 1983 and Ending with DECEMBER 1983 are accurate and complete reproductions of the records of (Company and Dept.) CITY OF DENTON - CITY SECRETARY -as delivered In the regular course of business for photographing. It Is further certified that the m:crophotographic processes wen accomplished in a monner and on film which metis with requirements of the National Bureau of Standards Nw permanent mlcrophologrop;iic copy. Q~J Do% produced f1rC • Records Cotnp"I g(`", e&.rv IIe1Mi TECHNOLOGY Afl*9f K Ce.w+orrwn PLACEL„_$:ln uAltwark Row State Arlington, Texas 76010