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HomeMy WebLinkAbout11-1983 1 ` f I NO. - ~t 7 AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ` SECTION I. On the day of 1983, at ',•pZ~'o'clock in the City Council Chamber of the Municipal Building, the City Council of the City of Denton, Texas, will hold a public hearing yiving all interested perscns the right to appear and be heard on the proposed annexation by the City of Denton, Texas,. of the property described below. 7- A - On the day of 1983, at 7:00 o'clock. P.M. in the City Council Chamber of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be i heard on the proposed annexation by the City of Denton, Texas, ? of the following described property, to-wit: I All that certain lot, tract or parcel of land lying at-,j being situated in the County of Denton, State of Texas, and being part of the W. Dabbs Survey, Abst. No. 328 and the J. West Survey, Absc. No. 1331 and being more particularly described as follows; BEGINNING at a point in the present city limits, said city limits being established by Ordinance No. 74-36 Tr. II, said point lying 350 fees north of and perpendicular to the centerline of U.S. Highway 380 and in the east boundary line of the W. Dabbs Survey, Abst. No. 328, same being the west boundary r line of the J. Williamson Survey, Abst. No. 1418; I ' THENCE north along said survey lines passing the northeast corner of said Dabbs survey, same being the southeast corner of the said West survey and continuing north passing the northwest ~a corner of the said Williamson survey, same being the southwest corner of the A. Calvin Survey, Abst. No. 306 and continuing north to a point for a corner, said point lying 10,560 feet north of and perpendicular to the said present city limits; THENCE westerly 10,560 feet north of and parallel with the said present city limits to a point for a co rner in the east, boundary line of a tract of land conveyed to Ray Lynch by deed and, recorded in Volume 871, Page 421, of the Deed Records of Denton County, Texas;o THENCE south along the east boundary line of said Lynch tract to a point for a corner, said point lying 10,060 feet north of and perpendicular to the said present city limits; THENCE easterly 10,060 feet north of and parallel with said ( present city limits to a point for a corner, said point lying 50.^ feet west of the east boundary line of said West survey, same being the west boundary line of said Calvin survey; THENCE south 500 feet west of and parallel with said survey line 'F to a pont for a corner in said present city limits, said Doint lying 350 feet north of and perpendicu?-ar to the centerline of U.S. Highway 380; r, L • . i • . t f! THENCE easterly along said present city limits and 350 feet north of and parallel with the centerline of U.S. Highway 380 to the place o: beginning and containing 175 acres of land more or ' less. SECTION II. { 'i The Mayor of the City of .Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be ! published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public: hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. ~ This ordinance shall be in full force and effect immediately P } ic:s and ;a passage any approval. ~ PASSED AND APPROVED this day o 2 ~~%Z 4 Y - , X983. I ARD O. TEWA , MAYOR CIT OF DE TON, TEXAS ATTEST: °t CHAR TTE ALLEN,/ CITY SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY I CITY OF DENTON, TEXAS i BY: C~1) e\ 7,44~ j ~f 47- E' ,i 11,E F. f. M. ~Y. L: Y / 4 y ~ f ~ L r f~/y: f • i NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL, INTERESTED PEPSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to thie corporate limits of the City of Denton, to-.wit: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the W. Dabbs Survey, Abst. No. 328 and the J. West Survey, Abst. No. 1331 and being more particularly describes as follows; BEGINNING at a point in the present city limits, said city limits being established by Ordinance No. 74-36 Tr. II, said point lying 350 feet north of and perpendicular to the , ' centerline of U.S, Highway 380 and in the east boundary line of 'C the W. Dabbs Survey, Abst. No. 328, same being the west boundary line of the J. Williamson Survey, Abst. No. 1418; ; '.r THENCE north along said survey lines passing the northeast F~1 corner of said Dabbs survey, same being the southeast corner of the said West survey and continuing north passing the northwest h } corner of the said Williamson serve 3 y, same being the southwest corner of the A. Calvin Survey, Abst. No. 306 and continuing north to a point for a corner, said point lying 10,560 feet } north of and perpendicular to the said present city limits; THENCE westerly 10,560 feet north of and parallel with the said ?y-, present city limits to a point for a corner in the east boundary ~J ,a line of a tract of land conveyed to Ray Ly.)ch by deed and recorded in Volume 871, Page 421, of the Deed Records of Denton 'S County, Texas; f THENCE south along the east boundary line of said Lynch tract to a point for a corner, said point lying 10,060 Eeet north of and perpendicular to the said present city limits; r 3 THENCE easterly 10,060 feet north of and parallel with said present city limits to a point for a corner, said point lying ` 500 feet west of the east boundary line of raid West survey, same being the west boundary line of said Calvii survey; THENCE south 500 feet west of and parallel with said survey line to a Pont for a corner in said present city limits, said point lying 350 feet north of and perpendicular to the centerline cf U.S. Highway 380; THENCE easterly alonq said present city limits and 350 feet north of and parallel with the centerline of U.S. Highway 380 to r the place of beginning and containing 175 acres of land more or less A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the &rl-, day of 0117,e1,_AGf,, f 1983, at ;C_617~o'clock, in the City Council Chamber of the ' Municipal Building, for all persons interested in the above a' proposed annexation. At said time and place all such persons x shall have the right to appear and be hears. Of all said >-~F matters and things, all persons interested in the things and matters herein mentioned, will take notice. ~w awl: p i i ji I I t A Public Hearing will be held by and before the City Council of the City of Denton? Texas, on the _ r L- day of c't. ~,~.lc 1983, at 7:00 o'clock P.M. in the C_ty Council Chamber of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and z place all such persons shall have the right to appear and be j heard. Of all said matters and things, all persons interested - in the things and matters herein mentioned, will take notice. y Al ARD ST W T, MAY CI Y OF JENNTONNO't TEXAS ATTEST: ;k CaL ALLEN, CITY SECRETARY 7 •x a' y 5 N' l i~ `t A t ~y ~G ~Jf.y~J tom. l E fro d~ru yeti ♦r „ 1 _ _ ( , _ - ~ _ / ~ t , I 1 f i t. ~I%I • - i ~ L 1 ~ ~ ~ ~ , ~ ,U~ttie~ LPL. 11 ~ 1 4 ~ 1 1 1 1 / ~ 1 `r r 1 1 r r • l PETITION IN 0PP3SITION TO ANNEXATION PETITION Z-1613 Nov = J983 VNOFABLE 'MAYOR AND CITY COUNCIL OF THE (.:'i'Y OF Lx'NTON: We, the undersigned, being owners of property in '_he area included in Z-1613, do hereby submit this petition in opposition to the proposed annexation by the city of lt~iton, Texas, an3 request the City of Denton, Texas, to rejezc the proposed annexation for the reasons, among ethers, the area is agricultural in nature and has been rievclop~d, where develop=_d at all, with small suburban r'-o'.•S~'-nr"'C..'. and small act7ea3e tracts; that the area included in the sni!exation is hell-rernoved from existing residential i~•;elcpn n*_; that chi: _)f -nton is unablEe to furnish t: 7.unieiral services 1.o -.he ar.-a included within Z-1613 +m3 c: ii, 'oo inablF! to frrni_sh full municipal services to the area within the reasonably foreseeable: future. The under- signed prefer no annexation be had and wish to express our strong opposition to annexation of our individual properties by the City of Denton, Texas. " l O j - - - ~(,4LLLf..a4L ~-~-V✓/ C'~~/1'j,/ ' K~-y-c~..~-~ r~`-/+-pad'7~.-~ 541 Px1TIrION IN OPPOSITION TO ANNEXATION PETITION Z-1613 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON: We, the undersigned, being owners of property in the area included in Z-1613, do hereby submit this petition in opposition to the proposal annexation by the City of Denton, Texas, and request the :ty of Denton, Texas. to reject the proposed annexation for the reasons, among others, the area is agricultural in nature and has been developed, where developed at all, with small suburtan residences and small acreage tracts; that the area included in the annexation is well-removed from existing residential development; that the City of Denton is unable to furnish full municipal services to the area included within Z-1613 and will be unable to furnish full municipal services to the area within the reasonabiy foreseeable future. The under- signed prefer no annexation be had and wish to express our strong opposition to annexation of our individual properties by the City of Denton, Texas. -0 Ak V1 o' PETITION IN OPPOSITION TO ANNEXATION PETITION Z-1613 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON: We. the undersigned, being owners of property it the area included in Z-1613, do hereby submit this petition in opposition toS the proposed annexation by the City of Denton, Texas, and request the City of Denton, Texas, to reject the proposed annexation for the reasons, among others, the area is agricultural in nature and has been developed, where developed at all, with small suburban residences and small acreage tracts; that the area included in the annexaticn is well-removed from existing residential development; that the i;y of Denton is unable to furnish full municipal services to the area included within Z-1613 and will be unable to furnish full municipal services to the area within the reasonably foreseeable future. The under- signed prefer no annexation be had and wish to ^xpress our strong opposition to annexation of our individual properties by the City of Denton, Texas. 01 21 7 ` i f r' iR E S O L U T I O N i WHEREAS, the Denton City Council, on May 4, 1982, adopted Ordinance No. 82-39 setting forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system of the City of Denton; and E ' ` WHEREAS, this Council is responsible for the implementation and operation of the Dentou Industrial/Contmerical Pretreatment Program and assuring that this program has adequate funding to effectively accomplish the program objectives; and WHEREAS, this Council desires to evidence the fact that the Council endorses the Denton Industrial/Commerical Pretreatment Program; now, therefore, § BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' DENTON, TEXAS: SECTION I. j' That the Denton Industrial/Commercial Pretreatment Program herein and above referred to, is hereby approved. PASSED AND APPROVED this day of , 1983. ` c I RD 0 STEW , MAYOR CIZ OF D NTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY C1mY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR.. CITY ATTORNEY CITY OF DENTON, TEXAS BY I. , i q R E S 0 L U P I O N j x I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 7 i SECTION I. The City Council of the City of Denton, Texas, hereby casts all of its 552 votes for Raymond Pitts a member of the Board of Directors of the County Wide Appraisal District for the County of Denton, Texas. SECTION II. This Resolu;.ion shall become effective from and after its date of passage. PASS3D AND APPROVED this the 1st day of November, 1983. r 1 I A 0 STEWAR j, MAYOR CI Y OF D TON, TEXAAS J ATTEST: CHARL TTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 3 TA L, R, . , TORNEY CITY OF DENTO , TEXAS .i ~i 9 } s i a f 4 y~ I k NDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § ? KNOW ALL MEN BY THESE PRESENTS: e' COUNTY Of' DENTON § The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Jerry Frederick, hereinafter called Contractor, hereby mutually agree a as follows: i7 1. SERVICES TG BE PERFORMED: City hereby retains y Contractor to perform the hereinafter designated services and ! Contractor agrees to perform the following services: To serve as Project Construction ftanager for the renovation of the former police section of the Municipal Building as follows: r A. Preparation of 2,11 necessary bid documents; B. Evaluat:.on and recommendations on all bids received; ` C. Management and supervision of all work crews" and subcontractors; D. Scheduling of all project activities; E. Keeping complete and detailed records and accounts for financial management of the project; F. Development of a critical path schedule for r demolition and construction; G. Other duties relating to management of the project as assigned by the City Manager or his designee. 1 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Six Hundred Dollars ($600.00) per week not to exceed a total sum of Fifteen Thousand and Six Hundred Dollars ($15,600.00); J, B. An additional One Hundred Twenty-Five Dollars ($121.00) per week as compensation for use of contractor's private vehicle; C. Said compensation to be paid weekly within three (3) working days of submission of an r; invoice by Contractor. ~.I PAGE ONE . . - - - ' - _ ~-...-.-ter-- . Y}... +o! 4• ..1 J 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed ' is to be or considered an employee of the City of Dentoi, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and control of Contractor and any employee of Contractor, and it is expressly understood that Contractor shall perform the h, services hereunder at the direction of and to the satisfaction ` of the City Manager of the City of Denton or his designee tinder k, this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by th'. City from funds appropriated by I the City Council for such purposes in the Budget of the City of Denton. 5. IW'URANCE: ConLractor shall provide at his own cost and expense worKmenIs compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the ,t operation of Contractor's business. ' 6. CANCELLATION: City or Contractor reserves the right to r; r }i cancel this Agreement at any time by giving the other party a seven (7) days written notice of its intention to cancel this Agreement. 7. TERM OF CONTRACT: This Agreement shall commence on the lat day of November, 1983, and end upon the completion of the : project or the 30th day of April, 1984, whichever occurs earlier. a, EXECUTED the this day of 6atubar, 1983' CITY OF DENTON, TEXAS ,t 1 RI HARD O. STE MAYOR PAGE TWU Ali w y'.' ews~s '6 3 a °i 5 r. ATTEST: 'J Ir,' l- 1•l C RL Tr ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: JERRY FREDERICK, CONTRACTOR F DERICK That is hereby designated as C} the person to administer the rovisiou Of this agreement. `f ~-X? za DATE C ARD 0. /WA ; o i' ` r: ,T s.i {T h ~'r 1 ~f 'J •^i PAGE THREE F,7 t'} ,.m 3 Tr.,• .1 w a Y . ',r' .yi.` r'. ♦ F 5. ""Nfs t tM!•aS,'."'F~'' - _ Y;~~ LONE STAR GAS COMPANY - TRANSMISSION DIVISIO.N STATc:IEhT OF GAS COST ADJUSTMENT AND CITY GATE FATE. FOR THE XONTH OF NOVEIBER, 19$3 P I EPAGED IN ACCORDANCE IMII THE ORDER OE' Nov 3 THE TEAS MILROAD CON"11ISSION UNDER DOCKET No. GUD-3543 The attached docun~2nts consisting of an ?!GCA State; :it n Schedules A through F showing the gas cost adjustment, the out-of-p,,iod purchase account, the revenue from extracted products account, the correcting account, and the city gate rate to be cLarged to the Distribution Division for gas delivered to residential and co-,=Crcial customers and for company-used and unaccounted-for gas were prepared by me or cinder my direct supervision. I hereby certify that the inforcaation contained herein is true and correct to the best of my knowledge and belief and that it was prepared in accordance with the attachment to the order of the Texas Railroad Co.;.nission in docket CUD-3543 dated November 22, 1932. Mike Florence,-Director of Rate Administration and Research Lone Star Gas Company Filed: Octol-,er 19, 1983 "GCA Statement LOSE STAR GAS CO;IPANY - TRANSMISSION DIVISION STATEMENT OF GAS COST ',DJU'SPXENT AND CITY GATE RATE* EFFECTIVE NOVE`IBER, 1983 IN ACCORD,1`;CE idITR ORDER OF TEXAS RAILROAD MDIISSION UNDER UOCYET NO. CUD-3543 Line Plcf Amount Am[. /;Icf I Estimated Gas Purchases 40 186 000 $146 937 000 $ 3.6564 2 Flus Estimated Withdrawal From Storage 550 000 1 766 000 3.2109 3 Less Estimated Injection Into Storage 4 196 000 15 685 000 3.7381 4 £stimat--2d Net. Gas Received Into System 36 540 OOD $133 013 000 3.6403 5 Ratio Vulnce Sold To Volu,ce Received - 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) •°754 7 Plus Gas Cost Correction Factor (PIGCCF) Based On September, 1983 3.0260 8 Less Base Cost Of Gas Included In Base Rate 3.5195 9 Less Extracted Products Revenui Adjustment (MEPRA) Based On September, 1983 .1697 10 Plus Base Extracted Products Revenue Per Picf .0590 11 Plus Out-of-Period Adjustment Per Picf (PiOPA) Based On September, 1933 .0174 12 Subtotal 13 State Utility Tax Recovery Factor .1753 14 Gas Cost Adjustment (144 CA) % 1.0025 15 Plus Base City Gate Rate .1757 16 Regular City Gate Rate 4.0200 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge 4.1957 18 City Gate Rate g be ,0900 $ 4.1957 *Intracompany charge to the Company's distribution divisions for sale to residential and commercial custo*iers and for distribution company-u,.!ed and unaccounted-for gas. Schedule A LONE STAR GAS CO?MPA:vy - TRANSMISSION DIVISIO:Q GAS COST CORRECTION ACCOUNT (GCCA) FOR THE MONTH OF SEP-rEMBER, 1963 Ah'D GAS COST CORRECTIOS F, CTOR (?:GCCF) FOR THE XONM OF NJVE)IBER, 1953 Line G('CA For Soptemher, 1983 1 Balance In Account At Beginning Of ?Month (GCCa,)p) $ 517 917 IA To Correct Account Balance Due To Corrected City Gate Deliveries For January, Xarch, :fay and July, 1953 (259 388) 2 Weighted Average Cost Of Gas During ?Month (h'ACOGp) $ i 3 Less Estimated Average Cost Of Gas During Nonth (E1CCG~0 3.5953 4 Excess Of Actual Over Estimate - 5 City Gate Sales Xcf During ::oath (RCSVp) $4 7721454 6 Charge/Aldition To Account (TGCC p) 5S9 393 7 City Gate Sales Mcf During ;•fonth (RCS'dp) 4 772 454 8 Gas Cost Correction Factor Charged During Month (XGCCF-i 9 Credit/reduction To Account $ 1171 553 854 10 Interest On TGCCp (TGCCi = Line 6 x .01167)," -0- 11 Balance In Account At End Of Month (GCCAc) 289 073 1IGCCF For November, 1983 12 Estimated City Gate Sales Xcf (RCSVf)-:*„ 13 Gas Cost Corroction Factor (NGCCFf = Line 11 - Line 12) 11 114 730 $ .0260-~` `Applies only •,;hcn ('Line 3 - Line 2) - Line 2] is equal to or greater than 0.05. ,,*Enter on Line 7 of :;GCA Stateml:nt. ***Adjusted City Gate Sales During November , 1932 To Normalize Woather. a. Base Load Per Custor.o_- Per Xonth From Docket GUD-3543, -,cf. b. Number Of Residential And Commercial Customers Billed 4.365 C. Base Land Sales, 'Icf X 1 144 292 d. Total City Gate Snles, Xcf 143 6 6773 3 292 e. Heating Load Sales, Ncf -c) 696 f. Ratio Norc5al 11:)D (153) fo Actual HDD (217) At D/M; Airport r 8 677 404 g. Normalized Heating, Load Sales, ;Mef _ 705._ 13 h. Base Lead Sales, Xcf (c) 4 119 439 96 1 292 1 i. Normalized City Gate Sales, }'.cf 141 1 14 730 ~r ' Schedule B LONE STAR GAS COMPANY - TRANSMISSION DIVISION WEICHTFD AVERAGE COST OF CAS (WACOG) FOR 'aiE 1CION111 OF SEPTHMEE'R, 19,33 Line Mcf Amt./M.--Ac Amount All Sources 1 Gas Purchased Per Books (Before EF,I Fuel And Shrinkage E:xclusjon) 31 62? 298 $3.6567 $116 390 380* 2 Less Purchases For Off-System Sales 849 2.6455 2 246 3 Less Purchases For Sec. 311b Sales - - 4 Subtotal 31 823 449 3.6507 12b 388 134 5 Less Purchase; Foz EEI Fuel And Shrinkage 9S8 531 3.6567 3 614 761 6 Less Out-of-Period Adjustment Amount - (175 931) 7 Total Gas Purchased (TGPa, ACC?,,, TCOGa) 30 339 918 $3.6624 S112 949 304 Non-Affiliated-Suppliers 8 Gas Purchased Per ,ooks (Before LET Fuel And Shrinkage Exclusion) 30 465 922 3.6670 111 718 760 9 Less Purchases For Off-S;=tem Sales 849 2.6455 2 246 10 Less Purchases For Sec. 3llb Sales - - 11 Subtotal 30 465 073 3.6670 111 716 514 12 Less Purchases For EEI Fuel And ! rinkage 983 531 3.6567 3 614 761 13 Less Out-of-Period Adjustment Amount _ - _ 202 800 14 Total Gas Purchased (TGPn, bCGPn, TCOCn) 29 476 542 $37605 S107 S9S 953 15 Line 7 Mcf Anc' Lesser Amt./Mcf On Line 7 Or 14 30 839 918 $3.6605 $112 689 520 6 Plus WithdrawLls From Storage (TG;IS, ACS`,;) 1 992 347 3.1703 6 316 338 17 Less Injections Into Storage (ACSI, TGIS) 1 690 230 3.6945 6 244 555 18 Net Gas "ecejv,,d into System 31 I.42_035 3.6273 $112 961 303 19 Ratio V.ilume Sold To Vol-_ire Received .9754 20 Weighted Averago Cost Of Gas Sold (WACOG) $3.7183` :Includes NCPA acc-l;tls of $693,733 and SGPA reversals of ;46,251. **Enter or. Lir-. 2 of Schedula A. SChedUlr C LOVE STAR GAS CO?IPA47 - TP,%NSxISSIOY DIVISION EXTRACTED PRODUCTS REVENUE ACCOUNT (EPRA) FOR TILE MONTH OF SEPTE.NBER, 1983 AND EXTRACILD PRODUCTS I:EVE;,XE ADJUST: -NT (MIEP-RA) FOR THE XONT11 OF NOVEMBER, 1983 Line- EPR4 For September, 1983 1 Balance In Account At Beginning Of Month (EPRa21)) IA To Correct account zalance Dse To Corrected City $ 1 434 574 Gate Deliveries For January, ;,arch, ;fay, and July, 1983 178 164 Contract Revenue Frcm Ens.Expl.In Acct. 491 (I,SCR) 3 Enserch Exnlorarion Cperating Income '::EIOI) $6 005 323 $2 583 606 4 Portion Assigned To LSIG Co. For This Purpose X .4073 5 knount Of EEIOI Assigned For This Purpose b Plus Remainder Of Revenue In Acct. 491 (TOR) 2 445 958 7 Plus Incident:.l Oil 6 Gasoline Revenue In'Acct.492 (TOR) 264 459 8 Less Wirdfali Profits Taxes Related To Acct. 492 278 529 Revenue (WPT) 9 Total Excractcd Products Revenue For This Purpose 14 105 10 Monthly Allocation ;actor From Schedule F (111-V) $5 563 950 11 Credit/A_ditIon To Account (TFPRC)* K :327_0 1 819 414 12 City G-ite Sales Mcf During Month (RCSV) 13 Extracted Products Revenue Credited Durir:g %onth (MEPRA) X$4 772 454 14 Charg,_/Reduction To Account _ •3242 15 Interest [EPRa• 1 547 23!1 1 = (Linn: I + Line IA - Line 14) x .01167] 16 Ealance In Account At End Of 1-fenth (EPR1c) 765 $ 1 8S5 692 EJiPR~ For November, 19E3 17 Estimated City Cate Sales ?,'CE From Schedule A (FCSVf) I8 Extracted Products Revenue Adjustcent (MEPRt = Linc J.6 - Line 17 11, !.14 730 ) S .1G97*` *If less than zero, the credit/addition to the account shall be zero. *;',Enter on Linc 9 of ;IGC,1 Statement. Schedule D LOSE STAR GAS CO'I2.1NY - TRANSMISSION DIVISION OUT-CF-PERIOD G.1S PCRCICISEG EXPENSE ACCOUNT (OPGPF-a) FOP, Th' "ONIN OF SEP7\MBER, 195;1 AND OUT-OF-PERIOD ADJUS"I-MES' (NOPA) FOR TEE `fO:ITti OF HOVE BER, 1983 Line OFGPFI For Seotcaber, 1933 1 Balance In Acco.int At Beg,innin Of Month (OPCPE% p) $ 433 610 IA To Correct Account Balance Due To Corrected City Gate Deliveries For Jar.uar.,, ]faro., N-ay, and July, 1953 93 737 2 Out-of-Period Adjustment Expense During Month (OPGPE) $ (175 931),.'.- 3 Less 0 Of Amount Relate"' To Deliveries After 11-30-82 -9- 4 Less 5;C Of Amount Relat,_d To Deliveries 2-3-30 To 11-3C-82 7 999 5 Less 151 Of Amount Related To Deliveries 7-1-75 To 2-2-80 3 iC4 6 Less 35% Of Amount Related To Deliveries 3-1-72 To 6-30-75 7 Reduced OPGPI: For This Purpose 8 .Monthly .',lIccation Factor From Schedule F X (137 344) 9 Net Charge/Addition To Account _ •3270 (G1 261.) 10 City Gate Sales Mcf During Month (RCSV) 4 772 454 11 Out-of-Period Adjustment Charged During 'Month ('MOPA) h$ •0692 12 Credit/Reduction To S,:count 325 481 13 Interest [r)PGPF.Ai = (Line I t Linc LA - Ling 12) x .011671 _ 2 939 14 Balance In Account At End Of :Month (O?GP&ic) $ 193 544 1:OI',1 For November, 1933 15 Estimated city care sans mcf From Schedule A (RCSVf) 16 Out-of-Period .'d'ustment ? 11 l14 730 J (..O..l = Line 14 Line 15) 0 1 14'•-, *Includes $541,([8 in out-of-period gas purchased expense classified as roll-over. *,'Enter on Line 11 of XGCS. Stag -:ent it less than $.0600. If r:ore than $.0600 enter $.0600 plus 1/6 of a;:ount. in excess of $.0600. Je~]eVU13 LONE STAR GAS CO"TANY - TRANSNISSION DIVISION OUT-OF-PEBLOD ADJJST2IENTS - ALL SCURCES FOR I'li3 MONTH OF SEPTE-IBER, 1983 _ Adjustment Amount From 3-1-72 From 7-1-75 From 2-3-80 After To 6-30-75 To 2-2-80 To 11-30-82 11-30-82 Supplier - Out-of-Period Price ,i ustne;lts Aminoil USA, Inc. $ - $ - $ 4 281 $ 1 323 Arco Oil & Gas - (1 657) 11 902 (2 618) Flarren Petroleum Corp. - 29 038 21 518 - Arco Oil & Gas - - - 7 078 Warren Petroleu:.i Corp. - - 159 974 47 231 Getty Oil Co. - - - 220 165 Border Exploration - - 6 566 4 080 Enserch Exploration - - - 5 814 Enserch Exploration - - 6 615 33 652 Various Other Adjust-rents - 2 079 2 345 8 907 Total $ - $ 29 460 $ 213 201 $ 325 632 Out-of-Period Price Correction_s_ Trigg Drilling Co. $ $ - $ - $ (56 164) Getty Oil Co. - - - 81 731 Transok Pipeline Co. - - - F,6 558 Mitchell Energy Corp. - - (86 853) - W. B. Yarborough - 15 642 47 769 15 845 shell oil Co. - - - (223 921) Esperanza Trans. Co. - - - 80 213 Houston Oil & Minerals - - - 77 053 Ens,-!rch Exploration - - - (67 775) Sun Oil Co. - 2 258 89 928 15 716 Delwintex Oil & Gas - - - 50 726 Shell Oil Co. - (1 298 030) Flying Diamund Gath. System - - - (5 749) Delhi Gas Pipeline Corp. - - - 76 866 Enserch Exploration - - - (236 339) Cities Service Co. - - - 62 136 Odessa Natural Corp. - - - 52 351 MCZ, inc. - - - 227 136 Getty Oil Co. - - - (62 159) Mobil Oil Corp. - - - 85 393 Delhi Gas Pipeline Corp. - - - (65 093) 0:11as Pron. Co. - - - 56 102 Tcc) Pipeline Co. - - - 83 309 Enserch Exploration - - - (83 159) Marshall 'exploration - - - 91 810 Superior Oil Co. - - - 85 687 Esperanza Trans. Co. - - - (89 143) Transierra Pipeline Corp. - - - (73 659) Enserch Exploration - - - (62 375) Getty Cil Co. - - - (62 730) Mobil Oil Corp. - - - 86 60O Valero Trans. Co. - - - (67 394) Vario.is Other Corrections - (23 993) (105_859) 507 352 Total - S (G 093) $ (55 015) $;683 111) Total Adjustments and Corrections $ - $ 23 362 $ 158 186 $(357 479) Recovery Disallowance X .35 X IS X .05 X .60 Itecavery Amount Disallw• cd- S 3 504 S 7 90) $ -0- *E.iter on Lines 3, 4, 5, and 6 of Schedule D. Schedule F ~r Y_-' ONh a Nr n -O 9 Y f 1 1'' S A P C O N ^I .V J N N ; n n n n U 1 .a U < L L b C C p S N n n V ✓1 N •l r+ H ~ ~-JI o N G - c.:c- o» ~ S u m n n n~ n N til .r .-a r. ^J 6 J N C 7 M u L n n C N-~ ^ PP.•ri .~N Gl - O - fl ^ n u'1 P n C ^1 rl V O N " 1 N rn O D n V P n U ~ S.. rr Cn~ .J J.-i .r al~n C X J J a ~I 4' mryf v Ora N:~ nn u 471 'J rJ O v » '1 n' v7 J '.u n ^I L Z • O r h ~p N_ Q Y C~ n .-r ~ P W ? N C_ Y1 h ul Y. ~ F S O v C O n n c~ Y N O ] u P •p S n p N ..J NJ 14 ^ m m` n 1 .p n ra C ti ro 7 r-• J: V V V V ti• J J V 4 U O : C u . l._• M' D n Nom, 5 0 0 0» ~ _ ^ v N c. rC.r.~ nnm ~ ~ VONPnrl;.avm pnn Y 1"" U G^. .T n n n S n n N rl rl n f'I ry O 1 r. H J Y ! H u fL .~P»C~TrNVt`P~•PO N S O n ^ u'1 V N ul O< ..1 J m rC Ors V n N Y, m n» U .p .N-r N ' Z .-1 J n n 11 ' Y' 'l. O P O S n m G~ 'r P C O U L r v ~ i H E D o r a n ,n O x o n ~ m P c C f. ;7 P » C` O C G~ o^ rl m N n x ti V r .V .y N N .-I N .-1 .y rl n .-1 N N L w V U U ry N L w ~ < L v o m L ~ P 'L ~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 d. n= G C C C G O O O O O C ~ 0 0 N U•- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .Oi ;R V ~ ti J 'f. Y 4r L' ] O < C^~ J y N •1 r-r _f 'D O• Z P 1 J1 S U Y rl z c O n .p ra J V .y G N vf' ^ t i-• a i Ln O NPn n.f n 1n ^D V ^,N L ~ vi n P C, P rn O n D .t "r ^ +l m H v nnn .r .f nnn rl : l n :.P-I V h . Y VI y D f_ O • •w U N J 'J n V •a rl D 'S J1 Y L Y. P » L p L yr - ~ l^~ L L. J 'J TL d Y 'J ~ T L J 9 ] te r u L U f, Y q 4 L ' m r E_~ i ..r at r E Ij n] p] u ' u ~ Y y 'J T u y> -J C Y L ^ •y ,1 'J 'J 7 L U V~ J Y. ~ '1 W • ] v D •J• 1 G J i Y ~ '1 9~J Y i1 :a fl t INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THEE: PRESENTS: COUNTY OF DENTON S The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and John Truitt , hereinafter called Contractor, hereby mutually agree its follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services .;nd Contractor agrees to perform the following services: A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Seven Dollars ($7.00) for each student taught payable at the completion of each class taught. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other city employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Con- tractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from special funds derived from funds collected from persons attending the Defensive Driving Classes. 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: DEFENSIVE DRIVING COURSE CONTRACT-PAGE ONE 1. Location to teach Defensive Driving Course classes and all materials and equipment necessary to con- duct those classes. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's ccmpensat.ion insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City or Contractor r9serves the right to cancel this Agreement at any time by giving the other party thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of April, 1983, and end on the 31st day of March, 1984. EXECUTED the this 1st day of April, 1983. CITY OF DENTON, TEXAS BY: ;:4r-- R HARTU G CITY MANAGER ATTEST: C LOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: CONTRACTOR BY: 0 - That John G. Maxwell, is hereby designated as the person to administer the provision of this agreement. A9 a6l, DATE CI Y DEFENSIVE DRIVING COURSE CONTRACT-PAGE TWO INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS s§ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 9 The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City," acting herein by and through its City Manager and Priority Systems, Inc., hereinafter called "Contractor," hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Computer Programming Services B. Personal Services 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Services not to exceed $15,000. $46.00 per hour from October 1983 thru September 30, 1984. Travel Expenses will be twenty cents (.20) per mile. B. Dates of Payments: Two weeks after receipt of invoice on the 1st and 15th of each month. 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood and agreed by and between City and Contractoz that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor INDEPENDENT CONTRACTOR'S AGREEMENT-Priority Systems,Inc.-page 1 1 r- shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 9. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropri- ated by the City Council for such purposes in the Budget of the City of Denton. 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: A. None 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of October, 198, and end September 30, 1984. EXECUTED this the - 4l day of ✓ 1983. CITY O DF*TO ERAS BY: ~ CITY MANAGER ATTEST' : ff2yl6 , /)/&n CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORM C.J. TAYLOR, JR., CITY ATTO NEY BY: CONTRACTOR: BY: ` That Gary A. Collins is hereby designa ed as t person to administer the provision Of' this Agreement. ! 7 DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT-Priority Systems, Inc. - page 2 J < 'd' >l THE STATE OF TEXAS S AGREEMENT COUNTY OF DENTON $ WHEREAS, the City of Denton, Texas and the Town of Little Elm, Texas, municipal corporations with the authority and power l to contract, do hereby enter into t„is Agreement concerning the holding of impounded dogs from the Town of Little Elm at the City of Denton Animal Control Center and in consideration of the ;r mutual covenants set out herein agree as follows: A. Covenants of the City of Denton: all 1. Holdin of Impounded Dogs a > The City of Denton agrees to accept and hold dogs lawfully impounded by the Town of Little Elm or 1 its authorized agent at the City of Denton Animal Control Center. 2. Holding Period for Impounded Dorms The City of Denton agrees to hold such dogs for a period of ninety-six (96) hours from the time " they are accepted by the Animal Control Center in order to allow the owners of the impounded animal f a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period the ownership of the animal shall revert to the City of Denton and the anima.. will be held for adoption or humanely destroyed. "s 3. Holding Fees for Impounded_ Dods For the purposes of this Agreement the City of . Denton will charge a five dollar ($5.00) per day ' holding fee for each day that an animal is held at the Center. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. Nu animal will be released until all applicable fees are paid in full. I 4, Holding of Quarantined Animals The City of Denton agrees to accept and hold i rabies suspects in quarantine for the Town of Little Elm when conditions permit. of 5. Holding Fees for Quarantined Animals The holding fee for quarantined animals shall be established at six dollars r each day that the animal is hela.00) per day for ~e ' PAGE ONE I!`, ~+1~rn.1P`.+t.f!l:Ga~fle.ryt]Oww+n~'n•.a..~.->-.i..-,n- ~ s r r _7 7~ 1 r r . ,ri 11lAllr' x i. -r ti{ 6. Head Shipments ai+d Rabies Testing Upon request of the ri:wn of Little Elm, the City of Denton will provide for the removal and ship- ment of the heads of rabies suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be established at thirty five dollars ($35.00) for each head shipped. B. Covenants of the Town of Little Elm:_ 1. Financial Responsibility i in order to reimburse the City of Denton for its costs incurred under this Agreemen':, the Town of Little Elm will be responsible for the holding fees and euthanasia fees on all cogs received from the Town of Little Elm or its authorized agent if e.;. the animal(s) is not reclaimed by its owner. These fees will be assessed on the following basis: (a) Futhanized Animal i $5.00 per day holding fee for four (4) days $20.00 $6.00 Euthanasia Fee 6.00 Total Fee $215.00 (b) Adopted Animal 1 $5.00 per day holding fee for four (4) days $20.00 y (c) Head Shipments $35.00 2. Indemnification_ The Town of Little Elm agrees to protect, defend, indemnify ano save the City of Denton, its officers, directors, employees from and against all claims, demands and causes of action of every kind and k~ character, without limit and without regard to the cause or causes thereof, that may arise as the result of the performance of this contract. C. Term of Agreement: , The term of this Agreement shall be for a period of one (1) year from the date of execution hereof. Either party may terminate this Agreement, without ei cause, upon thirty (30) days written notice to the other. r EXECUTED this the 15 day 1983. A W ; l CITY OF DENTON, TEXAS Al sr. ARD STEWA , MAX R PAGE TWO 1 ~e t ,its/,1L~`~ 7( r ~JM yr 5 L,r < r',tGir ATTEST: 1 CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS : ley w; 31 'Y EXECUTED this the day of 198 TOWN OF LITTLE ELM, TEXAS rsr MAYOR ;r ATTEST: I i C AR TOWN OF LITTLE ELM, TEXAS J ~u i H 6. <il ~a f g; .d e ~f 4, A 1 i Yu it ~{M ~a PAGE THREE y r , i st r 1 u. r . i ~ - yr' ARTHUR ANDERSFN & CO. SUITE 2200 1201 ELM STREF DALLAS, TEXAS V '0 (214) 741.2261 November 9, 1983 Mr. G. Chria Hartung City Manager City of Denton 215 East McKinney Denton, Texas 76201 Dear Mr. Hartung: The purpose of this letter is to confirm the arrangements discussed with you to cssist the City of Denton in a project to define the overall scope of a new Fixed Asset System. We understand that the Fixed Asset System is a high priority project for :he City and we are very pleased to be arranging this work with you. Overall Approach As we have discussed, we recommend you begin with the first phase of a four phased approach (See Attachment.). By utilizing this approach, we are able to provide you with the necessary information to direct and monitor the overall systems effort. The phased approach provides checkpoints during the overall project which allow the flexibility to modify the objectives, priorities, approach, staffing and schedules based upon completed work and minimize the counitment and investment in any single phase. The four phases are: Phase 1 - Define the System Scope In this phase, we will define the major functions to be addressed in the new system and how you are currently addressing these functions. Phase 2 - Refine th,. Functional Requirements an( Identify Interim IGprovements In this phase, she system processing features, reporting needs, and overall level of detail for recordkeeping will be further devel- oped. An approach for converting existing records/assets to the new system should be defined. In conjunction with these activities, certain interim impzov2m,-nts in your current procedures should be defined. ARTF. uR ANDERSEN & Co, Mr. G. Chris Hartung -2- November 9, 1981 Phase 3 - Software Analysis and Selection In Phase 3, the functional requirements developed in Phase 2 should be translated into system criteria. The adequatcy of the current LGFS Fixed Asset and Job Costing moeules in meeting these criteria should be evaluated. If necessary, other software package alternatives will he evaluated and findings and recommendations presented to you. Phase 4 - Implementation In the final phase, the fixed asset software selected in Phase 3 will be installed and the initial data files for the current assets built. As you can see, this is a building block approach and has proved very successful on other similar engagements. The remainder of this letter focuses only on Phase 1. Project Objectives and Scope The objectives of this Fixed Asset - Scope Definition project will be to assess the adequacy of your existing procedures and to identify the overall functions of a new Fixed Asset System. As we have discussed, we will place primary emphasis on the utility assets, but we will address the City's general assets as well. During this project we will interview various members of the City's utility staff, review the existing records and procedures, asses: the current work order volume rnd review the current procedures for cost of service studies. Prqject Deliverables At the conclusion of this Scope Definition project, we will present to you, in Discussion Outline format, our findings and systems alternatives. In addition, we will define the approach for proceeding with Phase 2. Staffing and Fee Arrangements Based upon the objectives and scope discussed above, the Scope Definition project siiou.ld take approximately 2-3 elapsed weeks. Mr. Wilbur L. Smither will have overall partner responsibility for the project. Ms. Julie F. Nelson, an experienced consulting manager, and Mr. David E. Coburn, an i ARTHUR ANDERSF_N & CO. Mr. G. Chris Hartung -3- November 9, 1983 experienced senior staff consultant, will perform the interviews and review work. Together, this group brings to this project practical experience in government services, the utility indue-ry, fixed asset systems, and project management. As we have agreed, we will bill you $6,000 plus out-of-pocket expens_s for this Fixed Asset System - Scope Definition project. * * * * * * * * * * * * We are sincerely pleased to have this opportunity to assist the City of Denton in this important project. We look fon,7ard to working with you and other City personnel. Should you have any questions regarding these arrange- ments, please contact Wilbur Smither at 1,214) 741-2261. Very truly yours, Attachment s • m a ~ c C u y I ~ C .umi j l u ~ ~V u c u ] W 9 I R M c Y O m 4 V 9 Y C O V u Y 9 u C Y C I V V ro H 9 Y u y m 6 U C m S m O I .y m • d y ] QQC~~ C C u ,y R H T V .y m C u 1 N u~. S .i m V 9 Y c Y m R ,s V T O V N W Y V R W 7 u H b I V ro ro C H C N L W C 9 u G c 6 A u L v l H u ~ O W O u '8 W u u G E F H d l v ,.1 .ui L ..t u m u V y uI 10 V 0. u u Y I V N H H u m u N 8 U X O V V O L u d O 'O 0 u y < Y ei V V D H I u G .9-i N C Y V fi C V v 0. .i T. p U O 0 I R W M d K V m 1i 9 fi V E U v 6 W 0 L ~ 1-I N t0 C rl E m O N u u W t) u u a ] m u .U7 U T, T Y 7 U ,.y w) N T O Y C O m V C T O y O N ro w d an d O > .a ti T m V a u 9 V ~ V R V R V m a 7 C U N w C ro .L Y n .r a c, 9 „V. C Y ..1 u p u fi T 0 Y L ly h ro < LvC/ 6 w u N N u y m< H< O 7 U C rl V S m O .1 'O C )0 m u W u F„ h 4• ro T Y N N V 9 V ro d V R V W N M u e y j .a u u V C~ N C m ro C ro ICp cA C Q 0. u u m E.. > 7 s V U u~rSZ C CN V e u R O O O A y L O' 0 H V 0 O U 'a N V VI u rd u d M OFn oo6 ' N p < H 'r a W N q m u N ~ r-a x rC'j E a W y o u V 6 C ] E U H y Y L C 'i 0 ,ti Y V O C N 4 V C C a to w 13 L L t: u m L C V u U O V d u a y ro O > V C u C q y V O: na ~ V C] U R C C ..a N W 'fi u O H V fi E 1 ro Lm B TE E v u a°~ wi, a V U uZ y 6 O B °P > ~ u v K c v v m v w u .a :a a w ro n L > H t 0 q V m u L e0 9 .i q O m Y C u C u' 0 W O g n N t) ,y V U C O C V m H m .H TCw O 6 Y V T L irq.1 V .i W >.T y E y W C L U .1 V 9 E N ~ ro u 7 a 4i Z W L O y~+ C O W V 8 .i V L vVi C ra .a O W W u r-1 N O C U L r U i. mW H .-1 J r' L ro 1 O V .-i u L ..1 L t ] C O V V V 7 y] L U C C V 0 T u m C V O u d I'" 9 d> y^ u V L. C d O 9 0 O> U ] w u cm y w A W V V W V . t E V tl e N 9 T C R ro c m y tY _r w N E h L6 d ..7 G r u y I 7 u 4 a > N 'a V y 0, a 9 I I 17 I t y G I 1 1 V V C q > N V d u< d< D d w c x q •~i 6 3 4 d d Y 7 0 m b O u V v c u u m m i ro V V V u to 9 W V O J .O C trot Y ro V Y O fi O m r P. y V u d Qrv W N ; W y y SI 6 O m .-u1 6 O V V O V W m u L m .]i d u m C J ro p R JI u O .i fi ro rf L .C n C T C> C u c u 6 d V N C N V V a u m V L V V m ~ ] d Y d T O u Y Y :0 la 9 4 m 41 0 `O S W U ..1 u .,uj L4 V V U d 4 p V y H y i. O V O T u O w 9 c V d O 'r c cc u Pic w V m u y M C 1 m ° >u N u.ci o Y Nm a N G Y v O V N u y u a q tt 3 q 6 O 6 SOT7V433V 110,1i s»npoid pu3 suoTsToaQ 7uamaseupH 3y J , 1r.. - K ~ y PRO-RATA AGREEMENT DENTON COUNTY ELECTRIC COOPERATIVE, INC. THE STATE OF TEXAS $ COUNTY OF DFNTON KNOW ALL MEN BY THESE PRESENTS: § r { THAT WHEREAS, DENTON COUNTY ELECTRIC COOPERATIVE, INC., is the Developer/property owner of a piece of property on Highway k , Loop 288, and that the Developer/Property Owner is required to t~ s~ pay the cost of 1750' of 24" water line and 750' of 8" water y line with bore, totaling $129,975, and desires to extend such water line to his property under the provisions of Section 83-70 of the Code of Ordinances of the City of Denton, Texas, as s passed and approved the 5th day of July, 1983; and WHEREAS, the said Developer/Property Owner or his assigns: desires to receive reimbursement for such costs under the provisions of said Section 83-70 of the Code of Ordinances of l w. the City of Denton, Texas, and pursuant to the terms anal conditions of this Contract; no,;, therefore, 1 ;k r THIS AGREEMENT, made this the day of .AJ~1,1983, by and between DENTON COUNTY ELECTRIC COOPERATIVE, ?NC., of the County of Denton, State of Texas, hereinafter called "Developer", ' (ti^h'i and the CITY OF DENTON, TEXAS, a Municipal Corporation of the r.; County of Denton, State of Texas, hereinafter called "City", WITNESSETH:' M'7 I. That for and in consideration of the construction of a water main for the benefit of Developer, and in further' consideration of the transfer to the City of all of Developer's right, title and interest in and to thtB aforesaid main exten- sions and all appurtenances thereto, and all easements and right of way agreements secured by or for Developer for the purpose of `i. locating said mzin extensions, City Eba.ll accept said main upon final approval thereof, after inspection, and agrees to provide water service to Developer's above-described premises for such monthly service charges as are, or may be, established by the. City. r •s it Jt, PAGE ONE t L . II. That the City further agrees to reimburse Developer not to exceed the pro-rata cost of the construction of such main extension paid to the City under the provisions of Section 83-70 of the Code of Ordinances of the City of Denton, Texas, as amended on the 5th day of July, 1983, with the following limitations. (a) After the expiration of twenty (20) years from the date the water main extension is finally inspected and accepted by 1 p. the City, no further reimbursement shall be made to the zi Developer. r, (b) Said reimbursement shall not apply to service lines or xt main extensions constructed at the expense of the City of Denton, from any main constructed under the terms of this lit. Agreement. (c) Reimbursement payments shall be made to the Developer or his assigns if designated in writing, and to no other person. (d) All fees and tapping charges incurred under the provisions of Section 83-70 shall be paid directly to City, and e' reimbursement shall be payable to Developer within thirty (30) days of receipt by City. III. It is further agreed and understood that the total cost w`€ta of the facilities described above eligible for pro-rata to reimbursement to the Developer and made the subject of this contr..ct will La for 800' on Highway 288 and 630' on Karina Lane @ $21.50 per foot equals $30,745.00. Developer's share of said cost which is not reimbursed will be $99,230.00. Such {J reimbursement will be based on the current cost per front foot ($21.50) of the property extec-ling a service line to the water `a main extension as per City of Dt_iton Ordinance #83-70. IV. That for and in consideration oc the agreements to be performed by the City, as aforesaid, Developer hereby transfers to City all of its right, title and interest in and to the main *#,t t, ,r Pxtensions uescribed above, and any and all easements and right FACE TWO r r , as r of wa) agreements secured by it for the purpose of locating said main extension, and Developer further agrees to execute any and all instruments of conveyance deemed necessary by City to convey said interests to City. WIT14ESS the hands of the Parties hereto on the day and year r° first above written. DENTON COUNTY ELECTRIC 9' a, R COOPERATIVE INC. M1 BY: ryL` tiu CITY OF DENTON, TEXAS BY: ` RI ARD O STEWART, MAYOR 1fY. CITY OF DENTON, TEXAS ATTEST: ~X CHARLOTTE ALLEN, CITY SECRETARY a<' i n• Via ^i ~ APPROVED AS TO LEGAL FORM; C.J. TAYLOR, OR., CITY ATTORNEY r CITY OF DENTON, TEXAS z BY: / PAGE THREE r a A-4-if. ill y2tf PARTICIPATION AGREEMENT THE STATE OF' TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § ,i THAT WHEREAS, DENTON COUNTY ELECTRIC COOPERATIVE, INC., is the developer of certain property shown on the attached plat, ~ o which plat is incorporated herein as if set forth in full, in 1 the City of Denton, Denton County, Texas, and further described 1 as property on west side of Highway Loop 288 and north of I, F Spencer Road, and Developer desires to serve such property with 1750 feet of on and offsite water line facilities; and, ' WHEREAS, The City of Denton desires that such on and n LJ offsite water facilities be oversized and the City will y participate in the additional cost of the oversized facilities 4 pursuant to the provisions of 133-70 of the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of 1983, by and between DENTON COUNTY ELECTRIC COOPERATIVE, INC., Denton, Texas, hereinafter called "Developer", and the City of Denton, Texas, a Home Rule municipal Corporation of the State of Texas, hereinafter called "City"; "as WITNESSETH: 1. The Developers will install, by contract or otherwise, a 20" water line and appurtenances to serve the property described t ;e on the attached plat in accordance with all City of Denton a ordinances, rules, regulations, policies and procedures. The 'f said facilities shall be located as shown on the attached map " which is made a art hereof for all intents and p purposes. 0 2. The City's share of the estimated cost of said facilities is $70,225.00. Upon completion of construction and acceptance by the City of said facilities, the actual cost of the City's participation in said facilities shall be determined and 't certified to by the Director of Utilities and oi:, certificate PAGE ONE J. AW, ,i setting out the City's cost of said facilities shall be attached a 7 hereto and made a part hereof. d 3. The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable d to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 9 ' 5, The Developer shall and do hereby agree to indemnify and e .5 hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third person occasioned by any act or omission, f neglect or wrong-doing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to -4 1 the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such ~ j claims and demands. IN WITNESS WHEREOF, this instrument is executed this day of 1983. DENTON COUNTY COOPERATIVE, INC. BY: e CITY OF DENTON, TEXAS BY: IC %RD 0. STEWAR , MAYOR CIT OF D TON, TEXAS c ATTEST: CHAR OTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLORF JR., CITY ATTORNEY P CITY OF DENTON, TFXAS ~ BY: ti PAGE TWO a : y i 4' is f •,~a ',+f~ ' ~I'~`~ f' . y ~ f /fit Y~.' ~ 1~'.{' a r. ~ ~j'2 P1 a R E S O L U T I O N A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF DENTON DESIGNATING CERTAN CITY OFFFICIALS AS BEING RESPONSIBLE FUR, ACTING FOR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING 1N THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Lana and Water Conservatiuon Fund Act of 1965 (Public Law 88-578), authorizing the Secretary of the Interior to provi6p financial assistance to states, and political subdivisions thereof, for i ` outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal I i program established under said Public Law 88-578, or such other programs as are hereinafter established b the Federal Government; and 1 WHEREAS, the City of. Denton is fully eligible to receive i ' assistance under this Program; and WHEREAS, the City Council of the City of Denton is desirous of authorizing its administLative staff to represent and act for the city in dealing with Texas Parks and Wildlife Department concerning this Program; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTONF TEXAS: Section 1: Tnat the City Council of the City of Denton hereby certifies that the City of Denton is eligible to receive assistance under Public 88-578; as augmented by Article 6081r, V.A.C.S. Section 2: That the City Council hereby authorizes and directs its City Manager to represent and act for the City of ,j + Denton in dealing with the Texas Parks and Wildlife Department t for the purpose of this Program. The City Manager is hereby R x y' officially designated as the City's representative in this regard. y PAGE ONE e L F WPM III WWI, Section 3: The City Council hereby designated its Director ;I of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. Section 4: The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning the tract of land known as McKenna Park in the City of Denton. !NTRODUCED, READ AND PASSED by the affirmation vote of the City Council of the City of Denton, on this day of -1983. FI f I' r~r I R 0. STEWAR , MAYOP. y CIT OF D TON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETARY DENTON, TEXAS j ' APPROVED AS TO FORM: C. J , TR. NqY ATTORNEY ry Y ORi S t PAGE Two , ` , F 3 1 - n 1 = Y Ail !!1 ,y ✓ I COO I 4V >3 ; • R E S 0 L U T I 0 N A RESOLUTION BY THE JITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE DT,NTON COUN'T'Y HOUSING FINANCE CORPORATION; goo APPROVING THE EXERCISE OF THE POWERS OF THAT CORPORATION WITHIN w>~ THE CORPORATE LIMITS OF THE CITY OF D&:TON, TEXAS; AND PROVIDING ap AN EFFECTIVE DATE, i' WHEREAS, the Denton County Housing Finance Corporation, a y{ non-profit corporation created under and pursuant to the "Texas j Housing Finance Corporations Act," has been organized with the k approval and consent of Denton County, Texas, to provide a means ' of financing the costs of residential ownership and development I that will provide decent, safe and sanitary housing for the residents of Denton, County, Texas, at affornable prices; and s WHEREAS, the said Corporation plans to provide financial assistance with respect to the purchase, imprcvement and ',}a construction of homes located within the City of Denton, Texas, if approval thereof required by the aforesaid Act is given by ' the City Council; and F' WHEREAS, the City Council hereby finds and determines that " it would be in the best interest of the City and its inhabitants a for said Corporation to provide financial assistance with respect to homes located within the corporate limits of the City; ncw, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Z; SECTION I. t i That approval. is hereby given and granted to the Denton County Housing Finance Corporation to provide financial assistance with respect to purchasing, improving, and constructing homes located within the corporation limits of the City of Denton, Texas. ak SECTION 11. " Nothing herein shell be construed to be a waiver of any R4'i building code requirements or standards prescribed for homes located within the City it connection with the approval herein granted to said Corporation. 8ECTION III. This resolution shall be effective from and after its passage, and it is so resolved. F. PASSED AND APPROVED this tfi41CR day of ovember, 1913. r D O. S T A YO p., ATTEST: l a'n~stiE CHARLOOOOOO 1'ALLE CITY OF DENTON, TEXAS a APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY FS¢,,', CITY OF DENTON, TEXAS BY: 1x'~ 7~' 4 p ♦ + , y , i, i NO. 5 AN ORDINANCE DESIGNATING THE SOUTHEAST CORNER OF BELL AVENUE AND HICKORY STREET (THE OLD CITY OF DENTON WAREHOUSE AND MACHINE SHOP) tr IN TEE CITY OF DENTON, DEN'CON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER ORDINANCE NO. 80-30 (ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE); AND PROVIDING AW EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The below described property shall be classified as historical zoning: tK,+ The old City warehouse and machine shop property located on Lots 1 through 81 Block 3, Railroad Addition to the City of Denton. is hereby designated as a historic landmark under ordinance No. 80-3U, Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION II. The historic landmark designation shall be indicated upon the zoning map of the City of Denton by the letter "if", and the property herein described shall be subject to all the terms, provisions and requirements of Ordinance No. 80-30, Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION III. y This ordinance shall. become effective from and after its date \ of passage. PASSED AND APPROVED this the day of 1963. r RI HARD TEW T, MAYOR CI Y OF ]J•N'I'ON, TEXAS ATTEST: CHARLOTT ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS By t, '0m~ j NO. 3-0a AN ORDINA,4CE GRANTING A SPECIFIC USE PERMIT AND 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, 140. 69-1, AND AS SAID MAP APPLIES TO t APPROXIMATELY ONE ACRE IN SIZE BEING LOCATED ALONG THE NORTH SIDE OF SPENCER ROAD, APPROXIMATELY 404 FEET WEST OF LOOP 288, AS SHOWN ON THE TAX RECORDS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the following described property, to-wit: ti WHEREAS, WE, Richard B. Cushman et ux, Carolyn S. Cushman, are the owners of a 1.00 acre tract in the Nary Austin Survey, Abstract 4, City and County of Denton, Texas, being part of a certain (called) 8.00 acre tract in the M. Austin Survey as described in a deed recorded in Volume 1280, Page 650, dated June 23, 1983, Deed Records of said County and being more fully described as follows: ;x COMMENCING at a point in the North right-of-way of Spencer Road, same being the Southwest corner of a 20.130 acre tract described in a deed from W. V. Tunnicliff, Trustee, to Denton County Electric Coop., Inc., on August 15, 19730 recorded in Volume .i 682, Page 615, Deed Records of Denton County, Texas; THENCE S. 86058140" E. with the North right-of-way of Spencer Road a distance of 60.17 feet to a steel pin at the place of beginning; THENCE N. 1015110" W. a distance of 436.81 feet to a steel pin; 5 THENCE S. 85058'40"E. a distance of 100.00 feet to a steel pin; THENCE S. 1015'10" E. a distance of 436.81 feet to a steel pin in the North boundary line of Spencer Road; THENCE N. 86058140" W. with the North line of Spencer Road a distance of 100.0 feet to the place of beginning and containing in all 1.000 acre of land. which is classified as a Commercial District Classification Use under the Comprehensive Zoning Crdinance of the City of Denton,' Texas is hereby changed and a Specific Use Permit is hereby granted for the use of said property for a mobile home, subject to the following special conditions and restrictions, to-wit: ^e 1. The lot must have city plat approval. 2. Only one mobile home shall be on the lot. 3. The specific use permit shall expire in three years. in addition to all uses authorized in a Commerical District. The development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. ^he Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the same is hereby amended to show such change in 1 District Classification and Use. PAGE ONE _ SECTION II. That the City Council of the C4ty of Denton, Texas hereby finds that such change is in accocdance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reaso)able consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for t,se maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immed~.ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning F Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. `i rk PASSED AND APPROVED this the ~ day of 1983. A '.3 I D TE , MA A CIT OF D NTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY 'z? CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: y C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS' BY t1l I^ , k+ i PAGE TWO s I M NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DLNTON, ' TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO AN APPROXIMATELY 6.769 ACRE TRACT IN THE A. HILL SURVEY, ABSTRACT 623 LOCATED APPROXIMATELY 800 FEET WEST OF TEASLEY LANE ON THE SOUTH SIDE OF THE I-35E SERVICE ROAD BETWEEN TEASLEY LAND AND SAM BASS ROAD; AND DECLARING AN 'y EFFECTIVE DATE. rt' THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: a r SECTION I. The Zoning Classificatic:n and Use designation of the following described property, to-wit: Tract One: All that certain lot, tract or parcel of land situated n the A. Hill Survey, Abstract 623, City and County of Denton, Texas, being a part of a certain (called) 10.709 acre tract deeded by Florence Marie Flanagan to Gary J. Rhyne on the 13th day of January, 19780 recorded in Volume 871, Page 301, Deed Records of said County, and being mora fully described as ~r follows: BEGINNING at the Southwest corner of said 10.706 acre tract at an iron pin at a fence Corner; THENCE N. 87055130" W. a distance of 588.94 feet to an iron pin; r THENCE N. 4030152" E. a distance of 295.11 feet to an iron pin; THENCE S. 85039110" E. a distance of 2?5.1 feet to an iron pin; THENCE N. 4020150" E. a distance of 267.95 feet to an iron pin on the South right-of-way of 1-35; THENCE S. 72049130" E. with said right-of-way a distance of 26.1 feet to an iron pin; THENCE S. 78034120" E. with said right-of-way a distance of 100.53 feet to an iron pin; THENCE S. 72052' E. with said right-of-way a distance of 1.3 feet to an iron pin; THENCE S. 2034134" W. a distance of 152.3 feet to an iron pin; THENCE S. 73001130" E. a distance of 172.7 feet to an iron pin; THENCE; S. 2008' W. a distance of 331.5 feet to the Point of Beginning, and containing 4.865 acres. Tract Two: All that certain tract or parcel of land ]%lin and being situated in the A. Hill Survey, Abstract No. 6" Denton' County, Texas, and being the same (called) 1.855 ,.art tract deeded by Elen T. Bateman to Leslie A. Traweek on Jun: ? 1959, recorded in Volume 4471 Page 89, Deed Records of said County, and being more particularly described as follows: BEDGINNING at an iron pin on the south right- of way of Interstate Highway 35E also being the northeast corner of said tract; PAGE ONE ~h p ~ '.~•li+ S~ 1 i i,(?~C`~~ e ! ~ i'$ ( ! 1.. t S ef: q ~ ~w A i~ + a~l ~T . . THENCE south 267.95 feet to an iron pin; THENCE west 275.1 feet to an iron pin at a fence corner post; THENCE north 0002'12" west with a chain link fence 340.78 feet to iron pin on the south right of way of Interstate Highway 35E; THENCE south 77003' east with said right of way 10.8 feet to an iron pin at an angle in said right of way; THENCE south 71033' east with said right of way 100.5 feet to an iron pin; THENCE south 77010' east with said right of way 173.8 feet to Y y$✓ the place of beginning, containing in all 1.904 acres of land. y s:"z is hereby changed fro.. Agricultural (A) District Classification Use to Commercial (C) District Classification and Use under the 'f Comprehensive Zoning Ordinance of the City of Denton. M1,; The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to sho,, such change in District Classifica- tion and Use. s1 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 3. Denton, Texas, and with reasonable consideration, among other3 things for the character of the district and for its peculiar f suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the sY ` City of Denton, Texas, and its citizens.E SECTION III. That ;~:s ordinance shall be in full force and effect immedi- kr ately after its passage and approval, the required public hearingsr E> having heretofore been held by the Planning and Zoning Commission w3 and the City Council of the City of Denton, Texas, after giving" due notice thereof. 1 ` A PASSED AND APPROVED this the day of 1983. i a IC ARD O. STEWA , MA R CITY OFD TON, TEXAS ATTEST: CEKRL ' E LLEN, CITY 3Z`RETAR-Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: d+ C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS y" `D BY: r+ PAGE TWO ,r . 40 r W '4 "Mmr ,o ~K NO. s AN ORDINANCE ESTABLISHING CERTAIN FEES TO BE PAID TO THE CITY OF DENTON, TEXAS AND DECLARING AN EFFECTIVE DATE. a'~q THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.: SECTION I. The following fees AS SHOWN ON Exhibit "A" attached hereto are hereby established and shell be paid to the City of Denton, Texas. SECTION II. This ordinance shall become effective upon its passage and y approval. 7k... PASSED AND APPROVED this /25_ day of November, 1983. *CIOF 0. TEW , MAYO DE TON, TEXAS i f ATTEST: f c ~ ~I CITY OF DENTON,~TEX.kS ) 4pp~4 ~ '3M APPROVED AS TO FORM: C. J. TAYLOR, JR., CITY' ATTORNEY CITY OF DENTON, TEXAS t BY: r 'f!~ i r..d f"~ ~ 19 n i tj t ~ M i o~'~'"h 'a ~ "~,-fi-7 r-Fy4•• ~f ~ ,.rr. "'P r 46 xct +h'^.x cis 1 i' f ~,(j'~JryyJFy M ~r~ r t t s al \'~l~ r ~ 1 46 6 t PPP ~ 4 oil 110MOPIM."'. a fi EXHIBIT A DEPARTMENT FEES a- FIRE Ambulance Per Patient $ 70.00 r Fire Inspector Annual Charge Based On Square Feet k. 0-6000 . . . . . . . . . . . . . . . . . $ 15.00 6001-12,000 . . . . . . . . . . . . . . . 30.00 121001-24,000 . . . . . . . . . . . 60.00 1 over 24,000 . . . . . . 100.00 Automatic Exting. System Installation New Inspection (Contractor Charged) 50.00 Annual Inspection (Owner Charged) 25.00 ;r Gasoline S LPG Tank Installation Inspection (Contractor Charged) . . . . . . 50.00 n Sprinkler System Installation Inspection (Contractor Charged) . . . . . . . . . . . . 50.00 r Standpipe Syatra Installation Inspection (Contractor Charged) . . . . . . , . 50.00 ~ LIBRARY Non-Denton County Fesident . . . . . . . . . . . $ 35.00 PARKS AND RECREATION Athletic Leagues Per Team . . . . . . . . . . . . . . . . $ 30. UO Athletic Rentals Per Tournament Session (Unlighted). 5.00 per hour (Lighted). . . . . 10.00 per hour Athletic Practice Per Practice (Unlighted) . . . 5.00 per hour (Lighted) . . . . 10.00 per hour Individual Swimming Admission: Child . . . . . . . . . . . . . . . . . . 0.75 E, Adult . . . . . . . . . . . . . . . . . . 1.00 Senior Citizen Adult . . . . . . . . . . 1.00 Season Pass . . . . . . . . . . . . . . . 25.00 Family Pass . . . . . . . . . . . . . . . 60.00 Cemeteries: Non.-resident of Denton Lot . . . . . . . $300.00!x'; Resident of Denton Lot 250,00 sa Infant Lot . . . . . . . . . . . . 75.00 Concrete Work Permit . . . . . . . . . . 25.00 Interment Permit . . . . . . . 25.00 EXHIBIT A - PAGE ONE 09 e " PLANNING AND COMMUNITY DEVELOPMENT Plats Initial Plat ^S`~ Less than 3 lots or less than 5 acres Other . . . . . . . . . . . . . , $300.00 325.00 Repla t Without Notification F* Less than 3 lots or less than 5 acres $150.00 'g Other . . . . . 65C.00 Replat With Notification Less than 3 lots or less than 5 acres 150.00 A Other . . . . . . . . . . . . . 650.00 Zoning Changes Less than 3 lots or less than 5 acres $400.00 Other . . 500.00 Specific Use Permit . . 400.00 Historic Landmarks . . . . . . 25.00 Subdivision Ordinance Variance 75.00 POLICE DEPARTbLENT Warrant Service . . . . . . . $ 25.00 Funeral Escorts ' 45 Minutes or Less . . $ 12.00 Other, Up to 90 minutes . . . 24.00 Accident Offense Report ' Vehicle Impoundment 13..50 3 • 50 PUBLIC WORKS Animal Control Impound Holding Small Animals (dogs) . . . . . • . $ 4.00 Large Animals (cattle) . . Adoption ' ' . • • 6.00 Carcass Retrieval . . . . . . . . . . . . 5.00 Animal Impoundment Class A First Impoundment . . . . $ 20.00 Second Impoundment . ?'3.00 Third Impoundment . . . , , . . . ' ' ' • 45.00 i Fourth Impoundment . . . . . . . 67,00 Class B First Impoundment . . . . . . 27,00 Second Impoundment 40.00 Third Impoundment 60.00 Fourth Impoundment . ' . 90.00 Class C First Impoundment . . . . . . . , q . . 34.00 Second Impoundment . . . 50.00 Third Impoundment . . . . . , , , , Fourth Impoundment . , , . . . . . 75.00 Class D 113.00 First Impoundment . . . . . . . 34.00 Second Impoundment . . . . . . . . . 50.00 Third Impoundment . . . . . . . . . . 75.00 Fourth Impoundment . . . . 113.00 Animal Registration Unneutered, Unspayed Animals . . . . . . 5.00 Neutered, Spayed Animals . . . . . 3.00 EXFIBIT A - PAGE TWO i 1. ~ e 1+~~ ~ ~ .w ,t K.T 'r , it r~ Y ♦ v e P~IR:T.rwr.+-- hY~~~f i ~Q ♦ b r t{y~ r Fri Y.L'7 4.,~.~~'` • '',il i ~ d1. .='s.~♦i1' i_~ ;.j'~ti! _i~•r,,,~"',~. ,~1 Y~{ l'd!, 1'~"M1 y~r uli~e~!'. ~{Ca{>. si'r, f 3 s 'S! I,IC y'; ~r Mme, ~1*Zi :J w Curb Cuts . . . . . . . . . . . . . $ 51.00 ,I Sign Permits 0-50 square feet . . . . . . . . . . . . . $ 15.00 51-100 square feet . . . . . . . . . . . . . 20.00 101-200 square feet . . . . . . . . . . . . 25.00 201-300 square feet . . . . . . . . . . . . 30.00 301-400 square feet . . . . . . . . . . . . 50.00 401-500 square feet . . . . . . . . . . . . 100.00 Plus 500 square feet . . . . . . . . . . . . 150.00 Certificate of Occupancy . . . . . . . . . . . . $ 18.00 Maps Per Individual Maps . . . . . . . . . . $ 2.00 Water and Sewer Maps (Book of Maps) . . . . 350.00 Barricade Inspection (No charge for curb cut barricade inspections) . . . . . . . . . $ 16.00 Inspections Board of Adjustment Fee . . . . . . . . . . $ 50.00 Weed Cutting (Notice Notification Fee) 55.00 Junk Vehicle Removal . . . . 25.00 a Mobile Home Inspection (Annual Fees) Per Park . . . . . . . . . . . . . . 205.00 Plus Per Stand Charge . . . . . 4.10 sa EXHIBIT A - PAGE THREE 1,. j °y~K1 r~ f III a''~'' l't .Tl r: , ! 11:4 ! ~DyS a. f \ A \11,' R4 ?rrb^d y1'ei~ lYarj 1~.., . •,l-r f . ~YYi i~~t'i.~'hl M.~j; ~ ~'~I: A'`{Cld~ _ a 1 Y i 1 n } NO. 8~-l3 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTE14 WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I_ Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the lst day of January, 1984, by reason of service in the employment of the City of Denton, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" a (as that terra is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base ~eUpdated Service Credit" of the member (calculated as , -ovided in subsection (c) of Section 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or + antecedent service credit previously authorized for part of the same Gervice. ) :t (b) In accordance with the provisions of subsection (a) or. Section 63.401 of said title, the deposits required to be made " to the Texas Municipal. Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. PAGE ONE 77, 7 71.. 4^ "T'i TSfr r.r1 r, +a-7 1 p c-r .c r*tC6,77p1 ?'tT q~'-J 7C' nC,^71 ^'~4ria.1~ , ~r..~'M1 i[z 5~ 1 r !1~\ 1.. a w` t 1h4F % ~IT•~YW 'S~il ri~o~ieae~.,5~.', ..i! .1. '7 G.~C,) C•. 1 C 1 (q'~r .'.i~: a Y r 8 4 ✓ r . ~x~~SY 1 1 F - ~q rl 1 \ r w SECTION II. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 64.203 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, the City of Denton hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities ` on the effective date of retirement of the person on whose 1 service the annuities are based, multiplied by 708 of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. h (d) if a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this section j i exceeds all previously granted increases to an annuitant is an obligation of this City ana of its account in the municipality accumulation fund of the Texas Municipal Retirement System. PAGE. TWO a- I r f~'~V j ly I S 1 r•l. r t.t rr~t. 1 1 ' i21~~~1':1 r trU~~,~} o~ kl I~l 7 ! 3~Y ~G f i ~'~'1:r n ~?11 X11 }5lip r>.1vW ~f ~.yy d H~ ,yd 4 ~ 4~~ v ^ ~5}N .~~{S tY~ .1..it.~ r' a J•;' 1 6~.: 'a 1 J,7l~4 ; tQ.+r~ .~I'. .eYY~ l{ °Y. 4. ~ w . x. . x r 9 SECTION III.: Effective Date. Subject to approval by the Board of Trustees of Texas i Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1984. PASSED AND APPROVED this the /§T day of , 1983. em,- za, CH TEWAI , MAYOR ITY OF DEN N, TEXAS ATTEST: it C R TTE ALLEN, CITY SECRETAKY \ " APPROVED AS TO LEGAL FORM: ,y C. J. TAYLOR, JR, CITY ATTORNEY CITY OF DENTON, TEXAS i BY: yy 4 J •:i PAGE THREE r Y r A f r' , ~ 11 THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN TILE STATE OF TEAAS Roy Appleton, Jr. Counly of Druton being duly f sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texa+, preceding the date of the attached notice, and that the said notice was published in said paper oil the following dates: ORDINANCE NO. 83-131 restricting frorLf Su -roads of tH 35-& WR 77 Ln one way vehicular traffic ORBINANCE N0. 83-1.32 conk m ~ph°fir hevorages in motor vehicles 24 lines 523.20 ,OVEN R 23r 3 Dv 1983 - - NOVEMBER 83 Subscribed and sworn to before n Ibis _ 0 - day of Fitness illy hand and official seal Notary Public, Denton County, Texas HERE PASTE THE NOTICE BY Fil.• err. 1'E'l31.ICAT[O.Y ClJ'C FR01I P:IPER _ _ - - _ IN THE MATTER OFTHE NOM-III Aa ordinance restricting the fronfage • rosds of I.N. 23 - =:h* Northern city and V.S. 11 to onev)ay vehicular traffic, _ Prohibiting traffic front south 10 north 0n the western frontage road and f rom north to South OR Pr9 EaiFrontage Rosds Droviding a a penalty of of AFFIDAVIT OF PUBLISHER TO a +ine, not to exceee two PUBLICATION OF LEGAL, NOTICE nunArad dollars (SM 00)- providing a severabilify clauses and. declaring an effective date for the ordt• nonce of November 29, 19aj. F•ilvd thv IN effective date of. the } one way vehicular traffic shall be when the Signs are in place. l9 NO. 1113-132'r Al Ordinance relating fo the t mpfIon of akopq;c ages In lea: ng ;de- an offec(va date of mber?9.1911. R~ . Drpuly EI I i I t i i .S NO. AN ORDINANCE RESTRICTING THE FRONTAGE ROADS OF I.H. 35 BETWEEN THE NORTHERN CITY LIMIT LINE AND U.S. 77 TO ONE-WAY VEHICULAR TRAFFIC, PROHIBITING TRAFFIC FROM SOUTH TO NORTH ON THE WESTERN FRONTAGE ROAD AND FROM NORTH TO SOUTH ON EASTERN FRONTAGE ROAD; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. .f ih2 COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: l M i SECTION I. That the frontage roads of I.H. 35 between the northeri, City i limit Line and U.S. 77 are hereby restricted to one-way traffic, so that the western frontage road between the said limits be limited to j traffic from north to south and the eastern frontage road between 1 the said limits be limited to traffic from south to north. 's 1 SECTION II. That the frontage roads of I.H. 33 between U.S. 77 and U.S. 380 f will be restricted to one-way traffic upon completion of Loop 288. SECTION III. That when signs are in place giving notice thereof, an individual adjudged guilty of violating this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). { i SECTION IV.. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions L 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. ! J SECTION V. Thdt this ordinance shall become effective 'ourteen (14) days from the date of its passage, and the City Secretary is hereby } directed to cause the caption of this ordinance to be published PAGE ONE r Y is i' it twice in the Denton Record-Chronicle, the official newspaper of tha City of Denton, Texas, within ten (10) days of the date of its '1 passage. 11Tel, PASSED AND APPROVED this the ~ day of ~j2v-j,, 1983. i { AiiA:R O. TEWART, MAYOR OF DE ON, TEXAS 3 3 ATTEST: i i 7~- CHARLOITE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS f , APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY ! CITY OF DENTON, TEXAS ©Y: ' 415- i , ti :qF V S4 PAGE TWO c a~• y ; ~ . veil'' •4~►. ' 1'1 f to 4. l+z ;tip .1 .i C,i v y No. P3-13.,Z AN ORDINANCE RELATING TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES; PROVIDING PENALTIES AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEN`PON HEREBY ORDAINS: SECTIOV I. (a) It shall be unlawful for any person to knowingly and intentionally transport, carry, possess, or have an open container containing a usable quantity of an alcoholic beverage (as defined in section 1.04 (1) V.T.C.A. Alcoholic Beverage Code) in or upon or about any motor vehicle in or upon the public highways, roads, streets, alleys or sidewalks, within the City, except when such alcoholic beverage is in the original unopened container. Provided however, that this Section shall not apply to any alcoholic beverage that is locked in the trunk 'r of a motor vehicle or in some other arees of the vehicle not ?`z normally occupied by the driver or passengers if the vehicle is not equipped with a trunk, in such a manner as to be inaccessible from the interior or to any person riding in such vehicle. (b) If the actor knowingly and intentionally possesses or a has in his or her posse:;sion an open container made for the purpose of containing an alcoholic beverage and labeled as r Vi containing an alcoholic beverage, it shall be presumed that any content herein is an alcoholic beverage. (c) An offense under this secton is a Class C misdemeanor. SECTION II. Any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two ' Hundred Dollars ($200.00); anf, each day and every day that the provisions of this ordinance are violated shall constitute a r` r'+ PAGE ONE k 1 h m ~t A l it separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies available at law and equity. .r SECTION III. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to he published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of i the date of its passage. SECTION IV. PASSED AND APPROVED this 15th day of November, 1983. q: 9 5~ ~3 1 I RD 0. STE A , MAY Y CI OF D TON, TEXAS . tip. ATTEST: y 1 C['ARLOTTE ALLEN, CITY SECRETARY ' CITY OF DENTON, TEXAS t; APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY I CITY OF DENTON, TEXAS ~i y BY: 4' ' r .t r PAGE TWO A' NO. AN ORDINANCE PROVIDING FOR THE AB?YNDONMENT OF A UTILITY EASEMENT WITHIN 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 CCNVEYED 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, I~ Y and that same should be abandoned and quitclaimed to MICHAEL LEWIS and wife, LESLEE LEWIS, as hereinafter provided; and p 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 MICHAEL LEWIS and r wife, LESLEE LEWIS, for the consideration hereinafter more fully set forth; NOW, THEREFORE, r J BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: a 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 rig:lt, title and easement of the public are concerned; All ':,at certain 121.95 square feet tract of land situated in R° the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas, and being part of Lot 9 Block A of the Willowwood r Addition to the City of Denton, Texas and being more particularly d-ascribed as follows: s BEGINNING at a point East 11.5 feet and South C005" West 6.9 feet from the Northerly North West corner of Lot 9, Block A, Willowwood Addition; 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 feet; THENCE West a distance of 4.5 feet to the point of beginning SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached t:ereto PAGE ONE esew l Lv._a . n:J- e4 1 c1^ y S'L 1 \ '~r.~i+i•.~."~ I~..~ T a •y'AL.rL -..'fY111 ~oV~,m~€r ~3 DEED RECUR S WARRANTY DEED THE STATE. OF TEXAS S 132896 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That we, ROBERT E. EDWARDS and wife, ELAINE EDWARDS, of the County of Denton and State of Texas, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF DENTON, TEXAS, a Municipal Corporation, Grantee herein, ;chose mailing address is Municipal Building, 215 East McKinney Street, Denton, Texas 76201, all of the following described real property in Denton County, Texas, to-wit: Fully described in Exhibit "A" attached hereto and made a part hereof. 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 assigns forever; and we do hereby bind ourselves, our heirs, exe- cutors and administrators to WARRANT AND 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 some or any part thereof. EXECUTED this day of November, 1982. QLI! r 46~~ "-j BERT E. EDWARDS ELAINE EDWARDS WARRANTY DEED, Page One VOL 1177PAGE`/79 THE STATE OF TEXAS § S vn.1177pdcE1QO COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared ROBERT E. EDWARDS and wife, ELAINE EDWARDS, known to ene to be the persons whose names are subscribed to the foregoing instrument, and acknow- ledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAT. OF OFFICE, this day of November, 1982. F.Y P41V % o ry u tic, St a of Texas ''y'' ~'•;~~i~ M;- Commission Expires: ~j- ti~ ' ......•'~tiHARVEY r, WUEST, OpDEHt0 K PJii7C QEilIOI COUnty, TeYj3 lhilmiuar.~...` OR E B COUNTY CLERK PLEASE RETURN TO City of Denl.on 215 East McKinney Street Denton, 'texas 7£201 WARRANTY DEED, Page Two I. , M Exhibit A All that certain tract or parcel of.Itrid situates' in the Cideon Walker Survey, Abstract 1330, Denton County, T,°xas, being part of a 42.5 acre tract described in a deed firm I.F. F.dwazds, et al, to E. Edwards on the 25th day of July, 194-5, and recorded in Volume 316, Page 368, Deed Re- cords of Denton County, and beio;! more fully described as follows: BEGINNING at a corner in the middle of a oublic road on the North line of said 42.5 acre tract at a point S. 88° 00' 30" E. 697.22 feet from the Northeast ccrner of a 5.00 acre tract described in a deed £tom Robert E. Edwards to Colin E. Hiley and recorded in Volume 960, Page 281, Deed Records of Denton County, Texas; THENCE S. 88' 00' 30" R. with the North line of said 42.5 acre tract in said road 110.n feet to a corner; THENCE S. 1° 09' 20" W. 206.0 feet to a steel pin; THENCE N. 88° 00' 30" W. 110.0 feet to a steel pin; THENCE N. 1° 09' 20" E. 206.0 feet to the Place of Beginning, cottaining in all 0.5201 acre of land, This conveyance is subject to the following: easements of record, visible and apparent easements. Exhibit A `voL 1177PAGE181 Y , A 'VOL 1177PAGE182 r.} r t~ \ G' s of roes COUNTY Of DEN1UA ` COUNTY r, r ERK. Denton County Ter 6 Tlefehd certify that t his , is data and tnctrcmu,t ra, i,l,d or, the SIJ, Corded in li the me vshilurtrr ed hereon by me and was euly r* I and Doge cr the rem-d records of Denton Cooney, T:.r; as ,t, . ' ha;eon by me. NOV 22 1982 ~Yjotj uQ* COUNTY CLERK, Denton County, Taws I 531 North Locust Box 518 r Denton Texas 76201 817 387 6148 UAIFE TITLE Company of Denton November 23, 1982 City of Denton, Texas 215 E. McKinney Denton, Texas 76201 Re: .5201 ac.G.ilalkerS. A1330 Denton County GF23507-21 Gentlemen, Enclosed herewith is your Owner's Title Insurance Policy. Your warranty deed has been filed for record, and will be returned io you. We hav- & Special complete file covering your property. hvr prompt, efficient and courteous handling of future title service, please feel free to call us. Y truly yougs, Harvey E. last, Jr. Escrow Off~or N t W11FE TITLE INSURANCE Comp.anv of Dallas Owner Policy of Title Insurance OP 076511 USLIFE Title Insurance Company of Dallas, DALLAS, TEXAS, 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 goal and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable 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 own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any port thereof, adverse to the title to the estate or interest in the land as hereby gua-antr.ed, but the Company shall not bs required to defend against any clams based upon matters in any manner excepted under this poticy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditirms and Stipulations hereof. The parry 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 thr. action or proceeding and authority to defend. The Company sha1 not be liable until such adverse interest, claim, or 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 right so established shall be for less than the whole cf the estate or interest in the land, then the liability of the Company shall be only such port of the whole liability limited above as shall bear the same ratio to the whole liability that the sdN erne interest, claim, or right established may bear to the whole estate or interest in the land, s,lch ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to anv such inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be n party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. Upon sate of the estate or inter.ast 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 JpANcF•Co~ land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at tha date hereof and not excluded either by the .a L'i o exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this pnlicy. 10 ~JS~.FexS•s~.^ IN WITNESS HEREOF, the USLIFE Title Insurance Company of Dahas has caused this policy to be executed by its President Under the seal of the Company, but this policy is to be lei valid only when it bears an authorized countersignature, as of th3 date set forth in Schedule A. Pier den; ! Ch,e! [recuM a Ollti•er Arlrss S1 mw Oce President Secrerr7 and Genera! Counsel Valid Only 11 Schedule A and 8 Are Attached With Authorizeo Signature Akixed On 8. FOAM T6100TX{ner. 74012 WSIH CONDITIONS AND STIPULATIONS 1. Definitions been sustained if the insured were a purchaser for vab,e The following terms when used in this policy mean: without krowledge; or the homestead or commur.ity (a) "land": The land described, specifically or by reference, property or survivor: hip rights, if any, of any Fpouse in Schedule A, and improvements affixed thereto which of any Insured. by lav, constitute real property. (b) °public records": Those records which impart construc- 3. Defense of Actions tive notice of matters relating to the land. (a) In all cases where this policy provides for the defense (c) "knowledge": Actual knowledge, not constructive of any action or proceeding, the Insured shall secure to knowledge, or nonce which may be imputed to the the Company the right to so provide defense in such Insured by reason of any public records. action or proceeding, and all appeals therein, and permit (d) "date": The effective date, including hour if specified, it to use, at its option, the name of the Insured for such (e) "insured The Insured named in Schedule Aand, subject purpose. Whenever requested by the Company, the to any rights or defenses the Company may have had Insured shall give the Company all reasonable aid in any against the named Insured or any person or entity who such action or proceeding, in effecting settlement, succeeds to the interest of such names' Insured by secur ,g evidence, obtaining witnesses, or defending operation of law as distinguished from pJiChaSe, any such action or proceeding person or entity who succeeds to the intr r est of such (b) The Company shall have the right to select counsel of its named Insured by operation of law as vished own choice whenever it is required to defend any action or from purchase including but not limited to wing: proceeding, and such counsel shall have full control of (i) heirs, devisees, distributees, execu.urs and said defense. administrators; (c) Any action taken by the Company for the defense of the (ii) the successors in interest to a corporation resulting Insured or to establish the title as insured, or both, shalt from merger or consolidation or the distribution of not be construed as an admission of liability, and the the assets of such corporation upon partial or corn- Company shall not thereby be held to concede liability plete liquidation; or waive any provision of this policy. (iii) the partnership successors in interest to a general 4 Payment of Loss or limited partners; ip which dissolves but does (a) No claim shall arise or be maintainable under this not terminate; policy for liability voluntarily assumed by the Insured (iv) tha successors in interest to a general or limited in settling any 1=-i in or suit without written consent of partnership resulting from the distribution of the the Company. assets of such general or limited partnership upon (b) All payment; under this policy, except payments made partial or complete liquidation; for costs, attorney fees and expenses, shall reduce the (v) the successors in interest to a joint venture result- amount of the insurance pro tanto: and the amount of ing from the distritution of the assets of such joint this policy shall be reduced by any amount the Com- venture upon partial or complete liquidation; pany may pay under any policy insuring the validity or NO the successor or substitute trustee of a trustee priority of any lien excepted to herein or any instrument named in a written trust instrument, or hereafter executed by the Insured whicl, is a charge or (vii) the successors in interest to a trustee or trust re- lienontheland,Endtheamount sopaid shall bedeemed sulting from the distribution of art of the a payment to the Insured under this policy. assets of such trust to the benefit iereof. (c) The Company shall have the option to pay or settle or 2. Exclusions from the Coverage of this Policy compromise for or in the name of the Insured any claim This policy does not insure against loss or damage by reason insured against by this policy, and such payment or of the following: tender of payment, together with all costs, attorney (a) The refusal of any person to purchase, lease or lend fees and expenses which the Company is obligated money or; the land. hereunder to pay, shall terminate all liability of the Com- (b) Governmental rights of police power or eminent domain pany hereunder as to su;h claim. Further, the payment unless notice of the exercise of such rights appears in the or tender of payment of the full amount of this policy public records at the date hereof; and the consequences t y the Company shall terminate all liability of the Com- of any law, ordinance orgovernmentalregulation includ- panyunder trispolicy. ing, but not limited to, building and zoning ordinances. (d) Whenever the Company shall have settled a claim urder (c) Any titles or rights asserted by anyone including, but this policy, all right of subrogation shall vest in the not limited to, Fersons, corporations, governments or Company unaffected by any act of the Insured, and it other entities to tidefanrs, or lards comprising the shall be subrogated to and be entitled to all rights and ;.hores or beds of navigable or perennial rivers and remedies of the Insured against any person or property streams, lakes, bays, gulfs or oceans. or to any land in respect to such claim. The Ensured, if requested by the extending from the line of mean tow tide to the line of Company, shall transfer to the Company all rights and vegetation, or to lands beyond the line of the harbor or remedies against any person or property necessary in bulkhead lines as established or changed by any govern- order to perfect such right of subrogation, and shall ment, cr to filled-in lands, or artificial islands, or to permit the Company to use the name of the Insured in riparian rights, or the rights or interests of the State of any transaction cr litigation involving such rights or Texas or the public generally in the area extending from remedies. the line of mean low tide to . 'ine of vegetation or 5. Policy Entire Contract their right of access thereto, or right of easement along Any action, actions or rights of action that the Insured may and across, the same. have, or may bring, against the Company, arising out of the (d) Defects, liens, encumbrances, adverse claims against status of the title insured hereunder, must be based on the the title as insured or other matters (1) created, suffered, provisions of this policy, and all notices required to be given assumed o• agreed to by the Insured at the date of this the Company, an I any statement in writing required to be policy, or known to the Insured at the da a of ;'tis furnished the Company, shall be addressed to USLIFE Title policy uniessdisclosure thereof inwriting bythelnsureo Insurance Company of Dallas, 13," 1 Main Street, Dallas, shall have bsen made to the Company prior to the date Dallas County, Texas 75202. of this policy; or loss or damage which would not have F. This policy Is not transferable. r- i I I SCHEDULE A Amount: $52,COO. W Owner Policy No.: 01076511 GF or File No.: 23507-21 HEV Date of Policy: November 19, 1982 Name of Insured: City of Denton, Texas 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, leasehold, easement, etc. identify or describe) 2. The land referred to in this policy is described as follows: • SEE ATTACHED FOR LEGAL DESCRIPTION • USUFE Tills Insurance CompenY of Dallis / 1301 Maln St., DeRss, Tvss 15202 Valid only if Schedule 8 and Corer Page are attached FORM Tf•100T%•A(REV. 740) 4OM581H Attached to anG made a part of USLfE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No. All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 133-1, Denton Count„ Texas, being part of a 42.5 acre tract described in a deed from I.E. Edwards, at al, to E. Edwards on the 25th day of July, 1945, and recorded in Volume 316, Page 368, Deed Records of Denton County, and being more fully described as follows: BEGINNING at a corner in the middle of a public road on the Vorth line of said 42.5 acre tract at a point S.88 deg. 00' 30" E. 697.22 feet from the Northeast corner of a 5.00 acre tract described in a deed from Robert E. Edwards to Colin E. Hiley and recorded in Volume 960, Page 281, Deed Records of Denton County, Texas; THENCE S.88 deg. 00' 30" E. with the North line of said 42.5 acre tract in said road 110.0 feet to a corner; THENCE S.1 deg. 09' 20" W. 206.0 feet to a steel pin; THENCE N.88 deg. 00' 30" W. 110.0 feet to a steel pin; THENCE NO deg. 09' 20" E. 206.0 feet to the Place of Beginning, containing in all 0.5201 acre of land. MISC.I NSERT xsweex" SCHEDULE 8 ' Owner Policy No.: OP 076511 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, if any, shown in Schedule A, and to the following matters which are additional eKCeptions from the coverage of this policy: t. 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 im- provements. 3. Taxes for the year 1S3-- and subsequent years, and subsequent assessments for prior years due to change in land usage or ownershipNot yet due and payable 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5• Easement dated January 20, 1945, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 316, Page 5, Deed Records of Denton County, Texas. 6. Easement dated December 17, 1960, executed by Earl I. Edwards and wife, Ruth Edwards to the City of Denton, shown of record in Volume 464, Page 182, Deed Records of Denton County, Texas. 7. Easement dated February 6, 1964, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 508, Page 216, Deed Records of Denton County, Texas. 8. Easement dated February 7, 1970, executed by Earl Edwards and wife, Ruth M. Edwards to Texas Power and Light Company, sh..)wn of record in Volume 601, Page 245, Deed Records of Denton County, Texas. 9. Subject to all rights arising under and by virtue that certain option to purchase a 0.427 acre tract, for a term of 10 years, as shown by instrument dated March 15, 1973, executed by Earl I. Edwards and wife, Ruth Edwards to Columbia Properties, Trustee, of record in Volume 669, Page 52, of the Deed Records of Denton County, Texas; said option assigned and transferred by instrument dated June 21, 1973, executed by Columbia Properties, Trustee to Albert K. H. Tung, Trustee, of record in Volume 678, Page 92, of the Deed Records of Denton County, Texas. 10. Easement dated November 11, 1981, executed by Earl. Edwards and wife, R•ith Edwards to the City of Denton, shown of record in Volume 1111, Page 66?, Deed Records of Denton County, Texas. 11. Any portion of the property herein described which falls within the boundaries of any road or roadway. 12. Visible and apparent easements on or across the property. A thorized Signature USLIFE Pill Ineurencs Company oI oarree / toot Main St., Dells., Taxes 75202 Valid only if Schedule A and Cover Page are attached rORM TI•IOOTX-B(REV. 7-M) ISM801H y . ~ ~ ~ ~ ~ T' O ' ~ ~ ~ . \1 ! V ~ ' ~ , r WARRANTY DEED PMO RECt3RM 321901 THE STATE OF TEXAS 5 5 KNOW ALL M,:N BY THESE PRESENTS: COUNTY OF DENTON 5 That we, ROBERT E. EDWARD; and wife, ELAINE EDWARDS, and WILLIAM WARREN EDWARDS and wife, PAMELA J. EDWARDS, of the County of Denton and State of Texas, for and in consideration of the sum of TFN AND N01100 ($10.00) DOLLARS and other valuable considera- tion to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELI. AND CONVEY unto CITY OF DENTON, TEXAS, a Municipal Corporation, Grantee herein, whose mailing address is Municipal Building, 215 East McKinney Street, Denton, Texas 76201, all of the following described real property in Denton County, Texas, to-wit: Fully described in Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenan:es thereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and we do hereby bind ourselves, our heirs, exe- cutors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfuly claiming or to claim the same or any part thereof. EXECUTED this day of November, 1982. BERT E. EDW~ DS n / ELAINE EDWARDS WILLIAM WARREN D RD PAMELA J. EDW D WARRANTY DEED, Page One VCI / rC ~VV !HE STATE OF TEXAS S •r S vo + 7vn,C20 COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for ;aid County, Texas, on this day personally appeared ROBERT E. EDWARDS and wife, ELAINE EDWARDS, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknow- ledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this - f day cf N$vRgtb1982. ,moo°; '}Q Notary Pt i Stat o Texas off °FDV41 My Commis on Expirec: 'j - „0",•1111"•,• HARVEY E, WUEST, JR, THE STATE OF TEXAS § No!ary Public, Denton County, Texas 5 My wmmission expires COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared WILLIAM WARREN EDWARDS and wife, PAMELA J. EDWARDS, known to me to be the per- sons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of November, 1982. Zfr 4ota jPlic, Stat o Texas <HARVEY 1; WUES4~"-Commission Expires: 5 f~~~; Notary Public, Denton County, Texas My commission expires T CL City of Denton 215 East McKinney Street Denton, Texab 76201 WARRANTY DEED, Page Two v y ' a Exhibit A All that certain tract or parcel of land situated in the Gideon Walker Sur- vey, Abstract 1330 Denton County, Texas, being all of a certain (called) 1.926 acre tract described in a deed from Earl I. Edwards to Robert E. Edwards on the 7th day of July, 1972 and recorded in Volume 650, Page 44, Deed P.ecords of said County, and being more fully describbd as fo)lows: BEGINNING at a steel pin in the middle of a public road at the Northeast corner of a certain 42.5 acre Second Tract described in a deed from I. E. . Edwards, et al, to E. 'I, Edwards on the 25th day of July, 1945 and recorded in Volume 316, Page 368, Deed Records of Denton County, Texas; THENCE S. M 00' 30" E. in said road part of the way 337.15 feet to a. corner North of said road; THENCE S. 0° 56' 43" W. with a fence 122.75 feet to a fence corner; THENCE S. 1° 31' 41." W. with a fence a distance of 127.24 feet to a steel pin at a fence corner; 'T'HENCE N. 88° 00' 30" W. 336.77 feet to a steel pin; THENCE N. 1° 09' 20" E. with a fence part of the way 250.0 feet to the Place of Beginning, containing in all 1.9355 acre of land. This conveyance is subject to the following: easements of record, visible aid apparent easements. Exhibit A VIA 177mF261 vu 1.1'77PAGE202 *N% I I Z i-A 3j la,a ti COONTV Dr 1DEM10n OF TM43 aU11k OUIM CLERK. Denton County, Texas d hereby caries Oak hereon byrme and Iwasod a1Y M dale ate and time stamped ed of the named records Lorded in la volume and a hewon try met 01 Dcnlvn Goucty, kzds as "'a"`' I sov 22 IV 0 nrY C ~ A a 7~ ~J '~4 ca~ COLONTV CLERK, Denton County. ToW 531 North Locust Box 518 . r Denton Texas 76291 817 387 6148 lr&WE TITLE Company of Denton Novee)ber 19, 152 City of Denton, Texas 215 E. HcKinnej Denton, Texas 76201 lie: 1.9355ac.i3.WalkerS. A.1330 Denton County GF23508-21 Gentlemen, Enclosed herewith is your Cwner's Title Insurance Policy. Your warranty deed has been filed for record, and will be returned to you. Ye have a special complete file covering your property. For prompt, efficient and courteous handling of future title service, please feel free to call us. Y truly yo rs, L Harvey E. neat, Jr. Escr>v Off cer • i"FE TITLE INSURANCE Comranvof Dallas Owner Policy of Title Insurance OP 076512 USLIFE Title Insurance Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREI 4AFTER C'%LLED THE COMPANY, for value does hereby guarantee to the Insured (as herein defined) !hat as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable 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 own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, 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 tc defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule 8 hereof or excluder) by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and Stipulations hereof. 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 there n, give the Company written notice of the peidency of the action or proceering, and authority to defend. The Company shall not be IiaL1e until such adverse interest, claim, or 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 right so established shall be for less than the whole of the estate or interest in the !and, 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 advarse interest, claim, or right established may bear to the whole estate or interest in she land, such ratio to be based on respective velues determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shell not be a party to such action or proceeding, nor be served with process therein, nor have eny knowledge thereof, nor in any case, u,tless 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 frond the date hereof remain fully protectad 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 -•-,i encumbrances existing prior to or at the date hereof and not excluded either by the ?STEAL , o exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the r . amount of this policy. IN WITNESS HEREOF, the USLIFE Title Insurance Company of Dallas has caused this T' Sa policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. Presiiddeni 8 Ch offErecutiw dlfKi, Aele-C } ;440t ICZ Rnesr. Senior Yin-Presldenr. Secrewy and General Counsel Valid Only If Schedule A and 6 Are Attached With Authorized Signature Affixed On B. FORM T1-100TxtP~. vsgxsMealtr eeeeeee~~eeee~ CONDITIONS AND STIPULATIONS 1. Definitions been sustained if the Insured wera a purchaser for value The following terms when used in this policy mean: without knowledr,e; or the homestead or community (a) "land": The land described, specifically or by reference, property or surv',vorsh;p rights, if any, of any spouse in Sched0e A, and improvements affixed thereto which of any Insured. by law constitute real property. (b) "public records": Those records which impart construc- 3. Defense of Actions tive notice of matters relating to the land. (a) Irr all cases where this policy pro•,ides for the defense (c) "knowledge": Actual knowledge, not constructive of any action or proceeding, the Insured shall secure to knowledge, or notice which may be imputed to the the Company the right to so provide defense in such Insured by reason of any public records. action or proceeding, and all appeals therein, and permit (d) "date": The effective date, includingt hour if specified. it to use, at its option, the name of the Insured for such (e) "insured": The Insured named in ScheduleAand, subject purpose. Wherever requested by the Company, the to any rights or defenses the Company may have had Insured shall give the Company all reasonable aid in any against the named lnsun:d or any person or entity who such action or proceeding, in effecting settlement, succeeds to the interest of such named Insured by securing evidence, obtaining witnesses, or defending operation of taw as distinguishFd from purchase, any such action or proceeding, person or entity who su(cEeds to the interest of such (b) The Compz ny shall have the right to select counsel of its named Insured by operation of law as distinggished own choice wheneverit is required to defend any action or from purchase including but not limited to the following: preceeding. and such counsel shall have full control of li) heirs, devisees, oistribvtees, exer.utors and said defense. administrators; (c) Any action taken by the, Company for the defense of the Iii) the successors in interest to a corporation resulting Insured or to establish the title as insured, or both, shall from raerge- or consolidation or the distribut;on of not be construed as an admission of liability, and the the assets of such corporation upon partial or com- Company shall net thereby be held to concede liability plete liquid ation; or waive any provision of th;s policy. (iii) the partnership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does (a) No claim shall arise or be maintainable under this not termina'e; policy for liability voluntarily assumed by the Insured (iv) the successors in interest to a general or limited in settling any claim or suit without written consent of partnership resulting from the distribution of the the CoTipeny. assets of such general or Iiinitei partnership upon (b) All payments under this policy, except payments made partial or co nplete liquidation; for costs, attorney fees and expenses, shall reduce the (v) the successors in interest to a joint venture result- amount of the insurance pro Canto; and the amount cf ing from the distribution of the assets of such joint this policy shall be reduced by any amount the Com- vesture upo; partial or complete liquidation; pany n ay pay under any policy insuring the validity or (vi) the successor or substitute trustee of a trustee pr.ority of any lien excepted to herein or any instrument named in a written trust instrument; or hereafter executed by the !nsured which is a charge or (vii) the successors in interest to a trustee or trust re- fen on the land, and the amount so paid shall be deemed sulting from the distribution of all or part of the a payment to the Insured under this policy. assets of such trust to the beneficiaries thereof. (c) The Company shall have the option to pay or settle or 2. Exclusions from the Coverage if this Policy compromise for or in the name of the Insured any claim This polico, does not insure agairsttoss or damageLyreason insured against by this policy, and such payment or of the folloeving: tender of payment, together with all costs, attorney (a) The refusal of ary person to purchase, lease or lend fees and expenses which the Company is obligated mom>y on the larrd. hereunder to pay, shall terminate all liability of the Com- (b) Governmental riahts of police power or eminent domain pang hereunder as to such claim. Further, the payment ern!essnotice oftheexercise ofsuch rights appears inthe or tender of payment or the full amount of this policy public records at the date hereof; and the consequences by the Company shall terminate all liability of the Com- ofany law, ordinance orgovernmentalregulation in.lud- panyunder thspolicy. ing, but not Fmited to, building and zoning ordinances. (d) Whenever the Company shall have settled a claim under (c) Any titles a rights asserted by anyone including, but this policy, all right of subrogation shall vest in the not limited to, persons, corporations, governments or Company unaffected by any act of the Insured, and it other ert;ties to tidelands, or lands comprising the shall be subrogeled to and be entitled to all rights and shores co; beds of navigable or perennial rivers and remedies of the Insured age;nst any person or property streams lakes, bays, gulfs or oceans or to any land in respect to such claim. The Insured, if requested by the extending from th a line of mean low tide to the line of Company, shall transfer to tha Company all rights and vegete.tion, or to finds beyond the line of the harbor or rcmedies against any person or property necessary in bulkhead hnesas Established or changed by any govern- order to perfect such right of subrogation, and shall meat, or to filled in lands, or artificial islands, or to permit the Company to use the name of tha Insured in rip7,6an rights, or the rights or interests of the State of any transaction or litigation involving such rights or Texas or the public generally in the area extending from remedies, the line of mean low tide io the line of vegetation cr S. Policy Entire Contract their right of access thereto, or right of easement along Any action, actions or rights of action that the Insured may and across the same. have, or may bring, against the Company, arising out of the Id) Defects, liens, enc(. mbrances, adverse claims against status of the title insur od hereunder, must be based on the the title as insured or other matters (1) created, suffered, provisions of this policy, and all notices required to be given assumed or agreed to by the Insured at the date of this the Company, and any statement in writing required to be policy, or (2) known to the Insured at the date of this furnished the Company, shsll be addressed to LSLIFE Title policy unless disclosure thereof inwriting bythe Insured Insurance Company of Dallas, 1301 Main Street, Dallas, shall have been made to tha Company prior to the date Dallas County, Texas 76202. of this policy; or loss or damage which would not have 6. This policy Is rot transferable. SCHEDULE A Amount:$141 , 000.00 Owner Policy No.: O R76512 Gf or file No.: 23508-21 HEW Date of Policy. Nov ember 19, 1982 Name of Insured: City of Denton, Texas 1 1. The estate or inlerest in the land insured by this policy is: Fee simple (fee simple, leasehold, easement, etc - identify or describe) 2. The land referred to in This policy is described as follows: • ',FF Macur:il FOR f.Nx:ar, DESCRIPTION (1YIIf N IHI. 11~Okve,1'I I.I-4+4"r 0 (.4 04 I ,1 MOO III, 1.4110c 11441 I10vl VA II l"Illp 0 %1111411110 Ill A410I nl ry 1'4411 AiN oil it 11111 Il+lIM I I IW)IA AIhlY M! 1@MAlil) Atta*ed to apd made a par: of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No, All that certain tract or parcel of land sitaated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being rill of a certain (called) 1.926 acre tract described in a deed from Earl I. Edwards to Robert E. Edwards on the 7th day of July, 1972, and recorded in Volume 650, Page 44, Deed Records of said County, and being more fully described as follows: BEGINNING at a steel pin in the middle of a public road at the Northeast corner of a certain 42.5 acre Second Tract described in a deed from I.E. Edwards, et al, to E.I. Edwards on the 25th day of July, 1945, and recorded in Volume 316, Page 369, Deed Records of Denton County, Texas; THENCE S.88 deg. 00' 30" T. in said road part of the way 337.15 feet to a corner North of said road; THENCE S.0 deg. 56' 43" W. with a fence 122.75 feet to a fence corner; THENCE S.1 deg. 31' 41" W. with a fence a distance of 127.24 feet to a steel pin at a fence corner; THENCE N.88 deg. 00' ,0" W. 336.77 feet to a steel pin; THENCE, N.1 deg. 09' 20" F. with a fence part of the way 250.0 feet to the Place of Eloginning, ~,,ontnining in all 1.9355 scree of land, MII6,146IM} /1 M11111 r F V . • f SCHEDULE 8 , Owner Policy No.: 0076512 This policy is subject to the Conditions and Stipulations hereof, the terms ane conditions of the leases or easements in- sured, if any, shown in Schedule A, and to the following matters whi--h are additional exceptions from the coverrle 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 overlappin; of im- provements. 3. Taxes for the year 192 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownershipDue and payable 4. The following lien(s) and al! terms, provisljns and conditions of the instrumen'(s) creating or evidencing said lien(s): 5. Easement dated January 20, 1945, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 316, Page 5, Deed Records of Denton County, Texas. 6. Easement dated December 17, 1960, executed by Earl I. Edwards and wife, Ruth Edwards to the City of Denton, shown of record in lolume 464, Page 182, Deed Records of Denton County, Texas. 7. Easement dated February 6, 1964, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 508, Page 216, Deed Records of Denton County, Texas. 8. Easement dated February 7, 1970, executed by Earl Edwards and wife, Ruth M. Edwards to Texas Power and Light Company, shown of record in Volume 601, Page 245, Deed Records of Denton County, Texas. 9. Subject to all rights arising under and by vir+ae that certain option to purchase a 0.427 acre tract, for a term of 10 years, as shown by instrument dated March 15, 1973, executed by Earl I. Edwards and wife, Ruth Edwards to Columbia Properties, Trustee, of record in Volume 669, Page 52, of the Deed Records of Denton County, Texas; said option assigned and transferred by instrument dated June 21, 1973, executed by Columbia Properties, Trustee to Albert K. H. Tung, Trustee, of record in Volume 678, loge 92, of the Deed Records of Denton County, Texas. 10. Easement dated November 11, '1981, executed by Earl Edwards and wife, Ruth Edwards to the City of Denton, shown of record in Volume 1111, Page 663, Deed Recorda of Denton County, Texas. 11. Any portion of the property herein described which falls within the boundaries of any road or roadway. 12. Visible and apparent easements on or across the property. 4JAul xitcd Signature~~G~ USIIFE Tito Insuwaaca Gonpan7 of Dallas / 1301 Mall $t., Dallas, Taal 7saoa valid only if Schedule A and Cover Page are attached FORM TI-100TX-S(REV. 7-00135MOS'H 1q~` WARRANTY DEED 32:03 THE STATE OF TEXAS 5 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That we, WILLIAM WARREN EDWARDS and wife, PAMELA J. EDWARDS. of the County of Denton and State of Texas, 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, whose mailing address is Municipal Building, 215 Fast McKinney Street, Denton, Texas 76201, all of the following described real property in Denton County, Texas, to-wit: Fully described in Exhibit "A" attached hereto and made a part hereof. 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 assigns forever; and we do hereby bind ourselves, our heirs, exe- cutors and administrators to WARRANT AND 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 JJU~ day of November, 1982. n ILL AMWRRN EDWARDS PAMELA J. EDW D WARRANTY DEED, Page One Vet J.177PAGE207 THE STATE OF TEXAS S ypr .1,177PAGE208 S COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared WILLIAM WARREN EDWARDS and wife, PAMELA J. EDWARDS, known to me to be the per- sons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of November, 1982. „p1uD11/y, O O`~Ft "oo No ary Pt lie, Sta e o Texas My Commission Expires: ~o ; is 62":Y E, V;UESi, 1R. r. Cowry. TEX3S •••~y, ~~F DENS d` My COI Ifi *siS pn expires FOR USE B COUNTY CLERK PLEASE RETURN TO City of Denton 215 East McKinney Street Denton, Texas 76201 WARRANTY DEED, Page Two EXHIBIT "A" All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being part of a certain 4.00 acre tract described in a Mechanic's Lien Contract from E. I. Edwards and wife to Jesse A. Coffey, Trustee, dated the 6th day of February, 1964 and record-d in Volume 37, Page 580, Mechanic's Lien Records of said County, and being more fully described as follows: BEGINNING at the Northwest corner of said 1.00 acre tract in the middle of a public road; THENCE S. 88° 00' 30" E. with said road 110.0 feet to a point in the middle of sF,id road; THENCE S. 01° 09' 20" W. a distance of 200.0 feet to a steel pin for a corner; THENCE N. 88° 00' 30" W. a distance of 110.0 feet to a steel pin in a fence on the West boundary line of said 4.00 acre tract; THENCE N. 1° 09' 20" E. with a fence most of the way a distance of 200.0 feet to the Place of Beginning, containing in all 0.5050 acre of land. This conveyance is subject to easements of record and visible and apparent easements. -vol.1177PAoE2Q9 WAIL OFTuM CWNTYCF DEN1urt COUNTY CLERK. Denton Cmnt,. Taal Nrety/ certify that Ihis instrument was [Ad on Wa Me and time sfa raped harem by me and was duly f* corded in the 0!orne and Oenlr.n p,;s.e of the named rero dg ~f Covrdy. r.,,: a; i,.f n h 9'Ecn by Ire. P:r 0 V 2 2 1982 ` t r^ U COUNTX CLER L Darltoq CaUrtly, IAX# P. 1 Z 12 e nTry 7 N U YC~'14d~~ Y ~ 10~1 It+ j 531 North Locust Box 518 ' Denton Texas 76201 817 387 6148 U41M TITLE Company of Denton November 23, 19£12 City of Denton, Texas 215 E.hcKinney Denton, Texas 76201 Re: .5050ac.G.YalkerS. A.1330 Denton Co,mty GF23509-21 Gentlemen, Enclosed herowith is your Owner's Title Ineurance Policy. Your warranty deed has been filed for record, and will be returned to you. We have a special complete file cover.'ing your property. For prompt, efficient and courteous handling of future title service, please feel free to call us. z Vv Iltruly yoHarvey E. uest, Jr. Escrow Of icer leE.tIFC TITLE INSURANCE: Comoariv of Dallas Owner Policy of "Title Insurance OP 076510 USLIFF Title insurance Co•ipany of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the Insured (as herein defined) that as of the data hereof, the Insured has good and indefeasible tit'e to th,3 estate or interest in the land described or referred tc in this policy. The Company shall not be liable 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 shows in Scredule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every acticn or proceeding on any clam against, or right to the estate or interest in the land, 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 a jainst any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2. "Exclusions from Coverage or this Pc'. y," of the Conditions. and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or procerding, and in ample time for defense therein, give the Company written notice of the pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort -,o 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 Company shall be only such part of the whole liability limited above as shal! 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 rat;o to be based on respective values determinable as of the date of this policy. to the absence of notice as aforesaid, the Compam is relieved from all liability with respect to any su.h inter- est, claim or right; provided, howrewo, that failure tc notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be auuAly prejudiced bir such fai!ure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured shall fore period of twenty-five years front 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 transfrr or conveyance executed by the Insured conveying the estate or interest in the J„xrvcz Cpl land. The Company shall be liable under said warranty only by reason of defects, lien3 or s Encumbranc3s existing prior to or at the date hereof and not excluded either by the o exceptions of by the Conditions and Stipulatians hereof, such liability not to exceed The T amount of this policy. y1 ' b 'is •TExes• jet IN WITNESS HEREOF, the USLIFE Title Insurance Company of Dallas has caused this policy to be executed by its President under the seal of the Company, but this :!icy is to be valid only when it bears an authorized countersignature, as of the date set forth ;n Schedule A. P.esldenr & Chief feeruNve 0llr-e~ 194~Ylli e,Ctc~t~fl , ,e, Arlen Semv Vice rhnr,dent, Secrrtirr mod Gencrel Coun ty Valid Only If Schedu'e A and 8 Are Attached With Authorized Srgnature Affixes' On 8. FORM rt-tDOX rtev T-eel 250,1ee1H I CONDITIONS AND STIPULATIONS 1. Definitions been sustained if the Insured were a purchaser for value The following terms when used in this policy mean: without knowledge; or the homestead or community (a) "land": The land describ id, specifically or by 'eference, property or survivorship rights, if any, of any spouse in Schedule A, and improvements affixed thereto which of any Insured. by law constitute real property. (o) " pubf c records": Those records which impart construc- 3. Defense of Actions tive n:+tice of matters relating to the land, (a) In all cases where this policy provides for the defense (c) " knolvledge": AcU3al knowledge, not constructive of any action or proceeding, the Insured shall secure to knowledge, or notice which may be imputed to the the Company the right to so provide defense in such fnsun:d by reason of any public records. action or proceeding, and all appeals therein, and permit ;d) "date": -the effective date, including hour if specified. it to use, at its option, the name of the Ins-ired for such (e) "insured": The lnsurednamedinScheduleAand, subject purpose. Whenever requested by the Company, the to any rights or defen.;es the Company may have had Insured shall give the Company all reasonable aid in any against the named Insured or any person or entity who such action or procEeding, in effecting settlement, succaeds to the interest of such named Insured oy securing evinerce, obtainir:g witnesses, or defending operation of law as distinguished from purchase, any such action or proceeding, person or entity who succeeds to the interest of such (b) The Company shall have the right to select counsel of its nan,3d Insured by operation of law as distinguished own choice wheneverit is requiredto defend any action or from purchase including but not limited to the following; proceeding, and such counsel shall have full control of (i) heirs, devisees, di;tributees, executors and said defense. administrators; (c) Any action taken by the Company for the defense of the (ii) the successors in interest to a corporation resulting Insured or to establish the title as insured, or both, shall from merger or consolidation or the distribution of not be construed as an admission of liability, and the the Essets of such corporation upon partial or com- Company shall not thereby be held to conceae liability plate liquidation; or waive any p-ovisfon of this policy, (iii) the partnership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does (a) No claim shall arise or be maintainable under this not terminate; policy for liability voluntary assumed by the Insured (iv) the successors in interest to a general or limited in settling any claim or suit without written consent of partnership resulting from the distribution of the the Company. assets of a-uch general or limited partnership upon (b) All payments under this policy, except payments made partial or complete tiquid3tion; for costs, attorney fees and expenses, shall reduce the (v) the successors in interest to a joint venture result- amount of the insurance pro tanto; and the amount of ing from the distribution of tke assets of such joint this policy shall be reduced by any amount the Com- venture upon partial or compete liquidation; parry may pay under any pol'ry insuring the validity or (vi) the successor or substitute trustee of a trustee priority of any lien excepted to herein or any instrument named in a written trust instrument; or hereafter executed by the Insur=.d which is a charge or (vii) the successors in interest to a trustee or trust re- lien ontheland,andthearrount:opaid shall be deemed sulting from the distribution of all or part of the a payment to the Insured under this policy. assets of such tru;t to the beneficiaries thereof. (c) The Company shall have the option to pay or settle or 2. Exclusions from the Coverage of this Policy compromise for or in the name of,he Insured any claim This policy does not insure against loss or damage by reason insured against by this policy, and such payment or of the follon,ing: tender of payment, together with all costs, attorney (a) The refisai of any person to purchase, lease or lend fees and expenses which the Company is obligated money on the land. hereunder to pay, shall terminate all liability of the Com- (b) Governmental rights of police power orEminentdomain pang hereunder as to such claim. Further, the payment unless notice of the exercise of such right; appears in the or tender of payment of the full amount of this policy public records at the date hereof; and the consequences by the Company shall terminate all liability of the Com- ofanyfaw, ordinance orgovaromental regulation includ- panyunder this policy. ing, but not limited to, buifd;ng and zoning ordinances. (d) Whenever the Company shall havo settled a claim under (c) Any titles or rights asserted by anyone including, but this policy, all right of subrogation shall vest in the not limited to, persons, corporations, governments or Company unaffected by any act of the Insured, and it other entities to tidelands, or lands comprising the shall be subrogated to and he entitled to all rights and shores or bed!: of navigable or perennial rivers and remedies of the Insured againsi any person or property streams, lakes, bays, gulfs or oceans, or to any land in respect to such claim. The Inswed, if requested by the extending from the tine of mean low tide to the line of Company, shall transfer to the Company a!I rights and vegetation, or to lands beyond the lire of the harbor or remedies against any per on or property necessary in bulkhead lines as established orchangudbyanygovern- order to perfect such rignt of subro~atien, and shall ment, or to filled-in lands, o' artificial islands, or to permit the Company to use the name of the Insured in riparian rights, or the rights or interests of the State of any transaction or litigation involving such rights or Texas or the public generally in the area extending from remedies. the line of mean low tide to the line W vegetation or 5. Policy Entire Contract their right of access thereto, or right of casement along Any action, actions or rights of action that the Inslued n;ay and across the same, have, or may bring, against the Company, arising out of the to) Defects, I ens, encumbrances, adverse claims against status of the title insured hereunder, ncusl be based on the the title as insured or other rnaiters (1) created, suffered, provisions of this poFcy, and all notices required to be given assumed or agreed to by the Insured at, the date of this the Company, and any statement in writing required Ic be policy, or (2) known to the Insured at the date of this furnished the Company, shall be addressed to USLIFE Tltle policy unless disclosure thereof in writing by the Insured Insurance Company of Dallas, 1301 Wain Street, Dallas, shall have been made to the Company prior to the date Dallas County, Texas 75202. of this policy; or loss or damage which would not have 6, This policy Is not transferable. r , SCHIDUV A Amount: $60 r 000. 00 Owner Policy No.: 076510 GF or file No.: 23509-21 HEW Date of Policy: November 19, 1992 Name of Insured: City of Denton, Texss 1. The estate or interest in the land insured by this policy s: Fee simple (fee simple, leasehold, easement, etc.--identify or describe) 2. The land referred to in this policy is described as follows * SEE ATTACHED FOR LEGAL DESCRIPTION USLIN TRte Inuunnce Company r I Della% / 1301 Main Sr., Dallas. Texas 7,202 Valid only it Schedule B and Cover Page are attached FuAM TI•ICITX t(REV. Tb0) IoMati7H ~STi AttacWd to ayd made a part of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No. All that certain tract or parcel. of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being part of a certain 4.00 acre tract described in a Mechanic's Lien Contract from E.I. Edwards and wife to Jesse A. Coffey, Trustee, dai;ed the 6th day of February, 1964, and recorded in Volume 37, Page 580, Mechanic's Lien R-:cords of said County, and being more fully described as followst BEGINNING at the Northwest corner of said 4.00 acre tract in the middle of a public road; THENCE S.88 deg. 00' 30" E. with said road 110.0 feet to a point in the middle of said road; THENCE S.01 deg. 09' 20" W. a distance of 200.0 feet to a steel pin for a corner; THENCE N.88 deg. 00' 30" W. a distance of 110.0 feet to a steel pin In a fence on the West boundary line of said 4.00 acre tract; THENCE N.1 deg. 09' 20" E. with a fence most of the tray a distance of 200.0 feet to the Place of Beginning, containing in all 0.5050 acre of land. MISG.INHOT #sma,TN SCHFDULE B Owner Policy No.: O 076510 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, if any, shown in Schedule A, and to the follovrng 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 :portages it area or boundary lines, or any encroachment, or any overlapping of im- provements. 3. Taxes for the year 1S2- and subsequent ye,%rs, and subsequent assessments for prior years due to change in land usage or ownershipDue and payable 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5• Easement dated January 20, 1945, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 316, Page 5, Deed Records of Denton County, Texas. 6. Easement dated December 17, 1960, executed by Earl I. Edwards and wife, Ruth Edwards to the City of Denton, shown of record in Volume 464, Page 182, Deed Records of Denton County, Texas. 7. Easement dated February 6, 1964, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, sho vn of record in Volume 508, Page 216, Deed Records of Denton County, Texas. 8. Easement dated February '1, 1970, executed by Farl Edwards and wife, Ruth M. Edwards to Texas Power and Light Company, show;, of record in Volume 601, Page 245, Deed Records of Denton County, Texas. 9. Subject to all rights arising tinder and by virtue that certain option to purchase a 0.427 acre tract, for a term of 10 years, as shown by instrument dated March 15, 1973, executed by Earl I. Elvards and wife, Ruth Edwards to Columbia Properties, Trustee, of record in Volume 669, Page 52, of the Deed Records of Denton County, Texas; said option assigned and transferred by instrument dated June 21, 1973, executed by Columbia Properties, Trustee to Albert K. K. Tung, Trustee, of record in Volume 678, Page 92, of the Deed Records of Denton County, Texas. 10. Easement dated November 11, 1981, executed b3 Earl Edwards and wife, Ruth Edwards to the City of Denton, shown of recorc, in Volume 1111, Page 663, Deed Records of Denton County, Texas. 11. Any portion of the property herein described which falls within the boundaries of any road or roadway. 12. Visible and apparent easements on or across the property. I Authorized Ignater- USUFE Iwo Insurance Company nt Detras / 1301 Main St., Dallas, Texas 75202 Valid only if Sched.ile A and Cover F'age are att,ched FORM T1.100TX-S(REV. 7-00) 35M881H ~J ~ • • ' . . . , . ~ O a0 ~ ~ ~ i ~ ' . ~ ~ ~ c, ~ ~ J ~ ~ . c` ~ . ~ t. . DM RECOR'Db WARRANTY DEED 32899 THE STATE OF TEXAS S i KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That we, RICHARD CLARK SHELTON and wife, MYRTLE ELIZABETH SHELTON, of the County of Atascosa and State of Texas, for and in consideration, of the sum of TEN AND N01100 ($10.00) LOLLARS 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, whose mailing address is Municipal Bi-.ilding, 215 East McKinney Street, Denton, Texas 76201, all of the following described real property in Denton County, Texas, to-wit: Fully described in Exhibit "A" attached hereto and made a part hereof. 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 assigns forever; and we do hereby bind ourselves, our heirs, exe- cutors and administrators to WARRANT AND 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 /9 day of November, 1982. Xvow, lzw"I? RICHARD CLARKS M TON g MYRTL ELIZABE SHELTON WARRANTY DEED, Page One Vci.11'77ME191 • THE STATE OF TEXAS S ,f..Di COUNTY OF ATASCOSA § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared RICHARD CLARK SHELTON and wife, M'IRTLE ELIZABETH SHELTON, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the pur- poses and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of November, 1982. ~N1N ~yPi PIIBJ •e i_`':{ Ey Notary ublic, State of Texas N~ , My Commission ExPires: rC 0f • ww~NN" FOR USE BY COUNTY CLERK PLEASE RETURN TO City of Denton 215 East McKinney Street Denton, Texas 76201 WARRANTY DEED, Page Two Exhibit A i I All that certain tract or parcel of land situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, being part of a 42.5 acre tract conveyed from I.E. Edwards, et al to E. I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, Deed Records of Denton County, Texas, and being the same tract described in a deed from Richard Clark Shelton to Gray W. Shelton on August 11, 1976 and recorded in Volume 799, Page 358, Deed Records of Denton County, and being more particularly described as follows; BEGINNING at a corner in the middle of a public road on the North line of said 42.5 acre tract at a point S. 88° 00' 30" r. 497.22 feet fmcn Northeast corner of a 5.00 acre tract described in a deed from Robert E. Edwards to Colin E. Hiley recorded in Volume 960, Page 281, Deed Records of Denton County; THENCE S. 88° 00' 30" E. with the North line of said 42.5 acre tract in said road 100.0 feet to a corner; THENCE S. 1° 09` 20" W. 206.0 feet to a steel pin; THENCE N. 88° 00' 30" W. 100.0 feet to a steel pin; THENCE N. 1° 09' 20" E. 206.0 feet to the Place of Beginning and containing in all 0.4729 of an acre of land.' This conveyance is subject to the following: easements of record, visible and apparant easements, vo! 1177PAEBO Exhibit A' , N vol_ 1177P103 E194 t1~ ~ J M 'S J \ FR U ~ fih V I •Z .d ui N , HAM OF TEXAS COUNTY OF DENTON COUNTY CEERX, pentcn County, Texts T hereby certify That this ~nstrumeol was filed on tRd date and Ume stamped hereon by me and was dufy r♦ eordcd in the voh;me and P4C of the named records 01 9u.tan Coont~, Tenc a r -to=".f hereon by ire, N OV 2 2 1982 Co. ~ COUNTY CLERK, Cd q 0 C~~xo anton County, Tirrf y TgQ D DEC 21 1982 CITY OF DENTON l.rGAL DEPT. 531 North locust Box 518 Deriton Texas 76201 817 387 6148 LJ61IFE TITLE Company of Denton November 23, 1982 City cf Denton, Texas 215 E. MoKinaey Denton, Texa,a 76201 Re: .4729 ac.G.YalkerS.A1330 Denton County GF23506-21 Gentlemen, Enclosed herewith is your Owner's Title Insurance Policy. Your warranty deed has been filed for record, and will be returned to you. Ye have a special complete file covering ;our property. For prompt, efficient and courteous handling of futu.e title service, please fool free to call its. V~Ty truly ySo a, J Harvey E. Wuest, Jr. Escrow Of icer tAIFETITLE INjURANCE.Companyof Dallas ` Owner, Policy of Title Insurance OP 076513 USLIFE Title Insurance Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the Insured tas herein defined} that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable 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 t•v own cost defend the Insured in every action or proceeding on any claim age inst, or right to tt a estate or interest it the land, or any part thereof, adverse to the titie to tho estate or interest in the land as hereby guaranteed, but the Company shad not be required to defend against any claims based upon matters in any manner excepted under this rmticy by the exceptions in Schedule B hereof or excluded by Paragraph 2, 'Exclusions from Coverage of this Policy," of the Conditions and Stipulations hereof. 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 pendent-; of the action or proceeding, and authority to defend. The Company shall not be Katie until such adverse interest, claim, or 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 right so estabtis`zd 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 liabili!y 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 policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, clairn or right; provided, however, that faikire to noiify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served wish process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such f0ure. 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 twentyfivo years from the date hereof remain fully protectf d according to the terms hereof, by reason of the payment of any toss he, they or it may sustain on account of any warranty of title contained in the transfer ar conveyance executed by the Insured conveying the estate or interest in the ~ar,%CE coy land. Tne Company shall be liable under said warranty only by reason of defects, liens or encumt,rances existing prior to or at the date hereof and not excluded either be the a excepticns or by the Conditions and Stipulations hereof, such liability not to exceed the J f aEAL 10 amount of this policy. '%~s••.'EN~S.--41 IN WITNESS HEREOF, the USLIFE Title Insurance Company of Dallas has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears ar authorized countersignature, as of the date set fort'i in Schedule A. Residenr6 CMel Frecu6rr Ihcsr %lu~/-~,fC~l, Attest Senior Yce Nss ident. Secretery and Gene,el Covisel Valid Orly If Schedule A and 8 Are Attached With Authorized Signature Affixed On B. Foatw Ti-100TXIFer z-eq 251041H CONDMCINS AND STIPULATIONS 1. Definitions been sustained if the Insured were a purchaser for value The following terms when used in this policy mean: without knowledge; or the homestead or community (a) "land": The land described, specifically or by reference, property or survivorship rights, if any, of any spouse in Schedule A, and improvements affixed thereto whi ch of ar,y Insured. by law constitute real property. (b) "public records": Those records which impart construe- 3. Defense of Actions live notice of matters relating to the land. (a) In all cases where this policy provides for the defense (c) "knowledge Actual knowledge, not construct ve of any action or proceeding, the Insured shall secure to know!edc,e, or notice which may be inputed to the the Company the right to so provide defense in such I i;ured by reason of any public records. action or proceeding, arid all appeals therein, and permit (d) "date, The effective date, including hour if specifieu, it to use, at its option, the name of the Insured for such (e) "insured": The Insured named in Schedland,subject purpose. Whenever requested by the Company, the to any -ights or defenses the Company may have had Insured shall give the Company all reasonable aid in any against life named Insured or any person or entity v ho such action or proceeding, in effecting settlement, succeeds to the interest of such named Insured by securing evidence, obtaining witnesses, or defending operation of 'aw a; distinguished from purchase, any such action or proceeding. person or entity vrho succeeds to the interest of such (b) The Company shall have the right to select counsel of its named Insured by operation of lave as distinguished own choice wheneveritis requiredtodefendanyaction or from purchase including tnotlimited tothefollowng: proceeding, and such counsel shall have full control of {il heirs, devisees, distributees, executors and said defense. cdmin strators; (c) Any action taken by the Como for the defense of the (ii) the successors in interest to a corporation resulting Insured or to establish the tit a as insured, or both, shall from merger or consolidation or the distribull of not be construed as an admission of liability, and the the assets of such corporation upon partial or om- Company shall r, A thereby be held to concede liability plete liquidation; or waive any prc vision of this policy. (iii) the partnership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does (a) No claim shall arise or be maintainable under this not terminate; po icy for liability voluntarily assumed by the Insured (iv) the successors in interest to a general or limited in settling any claim or suit without written consent of partnership resulting from the distribution of the the Company. assets of such general or limited partnershl upon (b) All payments under this policy, except payments made partial or complete liquidation; for cost;, attorney fees and expenses, shall reduce the (v) the successors in interest to 3 joint venture result- amount of the insurance pro tanio; and the amount of ing from the distribution of the assets of su;h joint 'his policy shall be reduced by any amount the Col venture upon partial or complete liquidation; pany may pay under any policy insuring the validity or (vi) the successor or substitute trustee of a trustee priority of any lien excepted to herein or any instrument named in a written trust instrument; or h=reafter executed by the Insured which is a charge or (vii) the successors in interest to a trustee or trust re- lien on the land, and the amount so paid shall be deemed sulting from the distribution of all or pail of the a payment to the Insured under this policy. assets of such trus, to the beneficiaries thereof. (c) The Company shall have the option to pay or seals or 2. Exclusions from the Coverage of this Policy compromise for or in the name of the Insured any claim This policy does net insure against Icss or damage by reason in; jred against by this policy, and such payment or of the following: tenter of payrTent, together with all costs, attorney (a) The rerusal of any person to purchase, 163s.. or lend fees and expenses which the Company is obligated money on the land. hereunder to pay, shall terminate all liability of the Col (b) Governmental rights of police power or eminent domain pany hereunder as to such claim. Further, the payment unless notice of the exercise of such rights app cars in the or tE nder of pay ment of the full amount of this policy public records at the dEle hereof; and the consequences by tl e Company shall terminate all liability of the Com- of any fa+v, nrdinance or governmental regulation includ- pany under rhi; policy. inp,. but not limited to, building and zoning c rdinances. (d) Whenever the Company shall have settled a claim under (c) Any titles or rights asserted by anyone inc'uding, but this policy, an right of subrogation shall vest in the not limited to, persons, corporations, governments or Company unaffected by any act of the Insured, and it other entities to tidelands, or lands comarising the shall he subrogated to and be entitlert to all rights and shores of beds of navigable or perennial rivers and remec'les of the Insured against any person or property streams, lakes, bays, gulfs or oceans, or tJ any land in respect io such claim. The Insured, if requested by the extending from the line of mean low tide to the line of Company, shall transfer to the Company all rights and vegetation, or to lands beyond the line of the harbor or remedies against any person or property necessary in bulkhead lines as established orchanged by any govern- order io perfect such right of subrogation, and shall ment, or to filled-in lands, or artificial islands, or to permit the Company to use the name of the Insured in riparian rights, or the r;hls or interests of the State of any transaction or litigation involving such rights or Texas or the public generally in the area extending from remedies. the line of mean low tide to the line of vegetation or 5. Policy Entire Contract their right of access thereto, or right of easement along Any action, actions or rights of action that the Insured may anJ across the sal have, or m' r bring. against the Company, arising out of the (d) Defects, liens, encumbrances, adverse claims against status of the title insured hereunder, must be based on the the title as insured or other matters (1) created, suffered, provisions oP this policy, and at: notices required to be given assumed or agreed to by the Insured at the date of this the Company, and any seatement in writing required to be policy, or (2) known to the Insured at th:i date of this furnished the Company, shall be addressed to USLIFE Title pof Icy unless disclosure thereof in writing bythe Insured Insurance Company of Dallas, 1301 Main Street, Dallas, shalt have been made to the Company pror to the dete Dallas County, Texas 75202. of this polity; or less or damage which w :)utd not have 6. This policy is not transferable. SCHEDULE A Amount:$`0PO00.00 Owner Policy No.: OR76513 GF or File No.: 23506-21 HEW Dale of Policy: November 19, 1982 Name of Insured: City of Denton, Texas 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, leasehold, easement, etc. -identify or describe) 2. The land referred to in this policy is described as follows: • SEE ATTACHED FOR LEGAL DESCRIPTION USLIFE Tills Insuranca Company of Dallas / loot Main St., Callas, Taw 3202 Valid only if Schedule 8 and Cowr Page are attached FORM 'rt•100TX•A(FEV. T40) 40MOSIH Attached to and made a part of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No. All that certain tract or parcel of land situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, being part of a 42.5 acre tract conveyed from I.E. Edwards, at al t,) E.I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, Deed Records of Denton County, Texas, and being the same tract described in a deed from Richard Clark Shelton to Gray W. Shelton on August 11, 1976 and recorded in Volume 799, Page 358, Deed Records of Denton County, and being more particularly described as follows; BEGINNING at a corner in the middle of a public road on the North line of said 42.5 acre tract at a point S.88 deg. 00' 30" E. 497.22 feet from Northeast corner of a 5.00 acre tract described in a deed from Robert E. Edwards to Colin E. Hiley recorded in Volume 960, Page 281, Deed Records of Denton County; THENCE S.88 deg. 00' 30" E. with the North line of said 42.5 acre tract in said road 100.0 feet to a corner; I THENCE S.1 deg. 09' 20" W. 206.0 feet to a steel pin; THENCE N.88 deg. 00' 30" W. 100.0 feet to a steel pin; THENCE N.1 deg. 09' 20" E. 206.0 feet to the Place of Beginning and containing in all 0.4729 of an acre of land. RISC.tNS[RT lSMSSSN SCHEDULE B Owner Policy No.: 76513 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, 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 described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- provements. 3. Taxes for the year 1633-- and subsequent years, and subsequent assessments for prior years due to change in land usage orovsnershipNot yet due and payable 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5. Easemen4- dated January 20, 1945, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 316, Page 5, Deed Records of Denton County, Texas. 6. Easement dated December 17, 1960, executed by Earl I. Edwards and wife, Ruth Edwards to the City of Denton, shown of record in Volume 464, Page 182, Deed Records of Denton County, Texas. 7. Easement dated February 6, 1964, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 508, Page 216, Deed Records of Denton County, Texas. 8. Easement dated February 7, 1970, executed by Earl Edwards and wife, Ruth M. Edwards to Texas Power and Light Company, shown of record in Volume 601, Page 245, Deed Records of Denton County, Texas. 9. Subject to all rights arising under and by virtue that certain option to purchase 's 0.427 acre tract, for a term of 10 years, as shown by instrument dated Mr.rch 15, 1973, executed by Earl I. Edwards and wife, Ruth Edwards to Columbia Properties, Trustee, of record in Volume 669, Page 52, of the Deed Recordrj of Denton County, Texas; said option assigned and transferred by instr,-ictent dated June 21, 1973, executed by Columbia Properties, Trustee to Albe•:t K. H. Tung, Trustee, of record in Volume 678, Page 92, of the Deed Records of Denton County, Texas. 10. Easement dated November 11, 1981, executed by Earl Edwards and wife. :3uth Edwr.rds to the City of Denton, shown of record in Volume 1111, F.bc 663, Deed Re.;orda of Denton County, Texas. 11. Any portion of the property herein described which falls within the boundaries of any road or roadway. 12. Visible and apparent easements on or across the property. Anthori2ed Signatur UWL E This lmdrance Compeny 01 Deno / 1301 Mefn St., Dvraa, Teen T52P2 Valid only if Schedule A and Cover Page are attached FOAM TI•soOMS(AEV. Tao) 35taaaln -44 w Ilk p Wtww All Men by a' 4fbe Frrj0rnW: ~Inlmlg of DENTO2~ That THE CITY OF DENTON, TEXAS of the Count of Y Denton and State of Texas for and in considetatioa of the sum of TEN AND NO100 ($10.00) DOLLARS to it in hand paid by JOHN R. FIELDS and BIRDA L. CHAVERS of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do es , by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said JOHN R. FIELDS and BIRDA L. CHAVERS, their ` heirs and assigns, all its right, title and interest in and'to that certain tract or 1[ parcel of land lying in the County of Denton , State of Texas, described as follows, to-wit: Being a portion of Lot 14, Block D, WILLOWWOOD WEST, an Addition to the City of Denton, Denton County, Texas, according to the Replat recorded in Cabinet B, Page 13, Plat Records of Denton County, Texas, and Being-the-North six (6) feet of the West four (4) feet of a certain-sixteen (16) foot by thirty (30) foot easement located in the Southeast corner of said Lot 14, Block D, as shown on the plat thereof; It is the intent of the grantor herein to abandon the above described portion of the said easement as the same ?.s shown on the recorded plat of the Addition. The mailing address of the Grantees herein is 1806 Highland Park, Road, Denton, Texas, 76201 b TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said JOHN R. FIELDS and BIRDIE L. CHAVERS, their } heirs and assigns forever, so that neither Grantor the said City of Denton, Texas, nor its successors, nor )Mk %h&AM= any person or persons claiming under it shall, at any time hereafter, ha,o, cla?m, or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS the egcudtion hereof as at Denton, Texas this day of tae ebea'~`~'' , A. D. 19 82. D , XAS Witness at request of Grantor: CITY OF N TON D PUTY CIT'. SECRETARY SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, rOUNTY OF BF FORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the time for the purposes and consideration therein expressed. GIVEN UNDER MY NAND AND SEAL OF OFFICE, this the day of A. D. 19 (L S.) Notary Public in and for County, Tenn SIN "LE ACKNOWLEDGMYNT THE STATE OF TEXAS, COUNTY OF 2 2FORE ME, thm undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A. D. 19 (L S.) _ Notary Public in and for County, Texas CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Richard 0. Stewart, Mayor , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged'to me that the same was the act of the said City of Denton, Texas, a municipal corpporation a corpotalion, ■nd that he executed the same as the act of s"4ch corporati2a for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAN ND SEAL OF OFFICE, this ttZe~-V 410day of t~~ •'1X/iDya' a..D. 19 8 Z . t Teas K_v Mtds 11.1915 alao Notary Pu in and for Denton County, Texas THE STATE OF TEXAS, COUNTY OF 1 HEREBY CERTIFY that the foregoing instrument of wri6T4Rv~~ h its eertifiate of authentication, was filed for record is my of5ce on the day of -1t, D. L, t o doe': M, and was daly recoi-ded by me on the day of f hereby c tilt that CLERK (lent°rr.,too ~u'A.Q6Pd9TUn late ti his lrt, k Terns In. VOL , page , of the Records of said ~opc°e~ i' the Ita,mAed der Stfu, ent was NO ° Q WITNESS MY HAND and the Seal of the County Court oDTy o atjfist thot6~ttme a n fh ndl IV" the day and year I sat above written cunt,, Tema-, is mxd h nerve d ree°rCg e DEC n, e'eoa bx 11110. VG County Clerk e County, Texas (L 5) - - - - _ - _ QOflft Aoft car Tom, _ P I° J $ b ID 46 a U a a s a a I f! In In .4 Y w 13 qA w tli,. W $ E-4 0 ° U.,.. $ i 1 1' _ a ti r24 -cc '410 d. v F~ `N. ~i .w E ° 1 0 .2 $ r r tI ee I-. 41, H 77. Z/uy DeEiT RFCURM WARRANTY DEED 32894 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That we, EARL I. EDWARDS and wife, RUTH EDWARDS, of the County of Denton and State of Texas, for and in consideration of the sum of TEN AND N01100 ($10.00) DC:,T~ARS and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby e0.nowledged, have GRANTED, SOLD AND CONVEYND, and by those presents do GRANT, SELL AND CONVEY unto CITY OF DENTON, TEXAS, Municipal Corporation, i Grantee herein, whose mailing address is Municipal Building, 215 East McKinney Street, Denton, Texas 76201, all of the following described real property in Denton County, Texas, to-wit: Fully described in Exhibit "A" aLtached hereto and made a part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and we do hereby bind ourselves, our heirs, exe- cutors and administrators to WARRANT AND FOREVER DFFEND all and singular the said premises unto the said Grantee, ;ts successors and assigns, against every person whomsoever lawfuly claiming or to claim the same or any part thereof. EXECUTED this 161$_ day of November, 1982. i ARL I. EDWARDS ~•~a, RUTFE I~ARDSYJ~ , WARRANTY DEED, Page One vol. I MPdr"471 TIE STATE OF TEXAS § COUNTY OF DENTON S Vill. •5 ~~A'~~~~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared EARL I. EDWARDS and wife, RUTH EDWARDS, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, GIVEN UNCER MY HAND AND SEAL OF OFFICE, this day of November, 1982. IZI/-Q (~Jt) 4/ij/ ~Y P •.,s Nota y Pub ic, State ff?rTexas .%My Commission Expires: s6%;. .}Q. }z'•,~~Y' ••...•r'p HARVEY F, WUE.gT, 7R. •''''•v~F,~~ ~;j,,•`'P, Notary Public, Denton Co nty, Texas My commission explres - - FOR E B -CbUi~V-CLERK PLEASE- RETURN TO City of Denton 215 East McKinney Street Denton, Texas 76201 WARRANTY DEED, Page Two • v . ~ 1 Exhibit A All that certain tract or parcel of land lying and being situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, and being part of a (called) 42.5 acre SeGond Tract as described in a deed from Ira E. Edwards to Earl I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, Deed Records of Denton County, and being more-fully described as follows; COMMENCING at a steel pin in the middle of an East-West road at the Northeast corner of said 42.5 acre tract which is the Northwest corner of a 1.926 acre tract described in a deed from E. I. Edwards to Robert E. Edwards on July 7, 1972, recorded in Volume 650, Page 44, Deed Records of Denton County; THENCE N. 88° 00' 30" W. with the North boundary line of siad 42.5 acre tract in the middle of said road a distance of 110.0 feet to a steel pin at the Northwest corner of a tract to Robert E. Edwards recorded in Volume 719, Page 268, Deed Records of Denton County, and being the Point of Beginning; THENCE S. 1° 09' 20" W. a distance of 206.0 feet to a steel pin at thb South- west corner of said Robert Edwards Tract; THENCE S. 88° 00' 30" E. with the South boundary line of said tract a distance of 110.0 feet to a steel pin; THENCE S. 1° 09' 20" W. a distance of 44.0 feet to a steel pin at the South- west corner of said 1.926acre tract; THENCE N. 88° 00' 30" W. a distance of 634.22 feet to a steel pin; THENCE N. 1° 09' 20" E. a distance of 250.0 feet to a steel pin in the middle of an East-West road on the North boundary line of said 42.5 acre tract; THENCE S. 88° 00' 30" E. with the North boundary line of said 42.5 acre tract in said road a distance of 324.22 feet to a steel pin at the Northwest corner of a tract described in a deed to Gray W, Shelton and recorded in Volume 799, Page 358, Deed Records of Denton County; THENCE S. 1° 09' 20" W. with the West boundary line of ;aid Shelton Tract a distance of 206.0 feet to steel pin; THENCE S. 88° 00' 30" E. with the South boundary line of said Shelton Tract a distance o` 100.0 feet to a steel pin; THENCE N. 1° 09' 20" E. with the fast boundary line of said Shelton Tract a distance of 206.U feet to a steel pin in the middle of an East-West road; THENCE S. 88° 00' 30" E. with the N. boundary line of said 42.5 acre tract in said road a distance of 100.0 feet to the Point of Beginning, containing 2.6465 acres of land. This conveyance is subject to the following: easements of record, visible and apparent easements. W. 1177FAA73 Exhibit A ~voi. 1,177PAGi174 Ci MAU OF Tf) M COUNTY OF DMIUN COUNTY CLERK, Uenton County, Texas I M►e6y certify that this Instument was filed oU tho dell end time stamped hereon by me and was duly tr Weed in the votume and page rn the named reci dit of Drnton County, Teals as slamii,;d hereon by rte. NOV 22 1982 ~snU ~o t X31 i2A. o q~c,"tt. County CLERK, Dialoo Cult Lm y. 531 North Locust Box 518 ` • . Oenton Texas 76201 8173878148 n IN U:UFE TITLE Company of Denton J,f ? { 1352 CITY OF DENTON LEGAL. DEPT, November 22, 1982 City of Denton, Texas 215 E. McKinney Denton, Texas 76201 Re: 2.6465 ac. in 0. Walker, A-1330 Denton County GF23505-21 Gentlemen, Enclosed herewith is your Owner's Title Insurance Policy. Your warranty deed has been filed for record, and will be returned to you. We have a special complete file covering your property. For prompt, efficient and courteous handling of futura title service, please feel free to call us. Y y truly gour~s, 6 Harvey E. nest, Jr. Escrow Off lcer UPLIFE TITLE INSURANCE Company of Dallas Owner Policy of Title Insurance OP 076506 USLIFE Title Insurance Company of Dallas, DALLAS, TEXAS, 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 indefeasible title to tho estate or interest in the land described or referred to in this policy. The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event rhall the Compary be liable for more than the amount shown in Schedule A hereo', and sht Il, 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 er interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guararteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy,' of the Conditions and Stipulations hereof. 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 the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or 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 right 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 policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, 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 be served with process therein, nor have any knowledge thereof, nor 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 fora period of twenty-five years from the date hereof remain fully protected according to the terms hereof, by reason of the payment of any lass he, they or it may sustain on account of any warranty of title contained it the transfer or conveyance executed by the insured conveying the estate or interest in the ~JapAcr coy A land. The Company shall be liable under said warranty only by reason of defects, lie:"', or tea: s encumbrances existing prior to or at the daiu hereof and not excluded either by the tBDAL 'o exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the r : amount of this policy. ' b °~f~?tx~sss^ IN WITNESS HEREOF, the USLIFE Title insurance Company of Dallas has caused this policy to be executed by its President under the seal of the Company, but this policy isto be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. president a Chief Executive onKe. attest Senior Vice-Prasldenr secretary and General Counsel Valid Only If Schedule A and 8 Are Attached With Authorized Signature Anl'ed On B. FORM T1.100Tx (Rae 7 aq 25MOlH CONDITIONS AND STIPULATIONS 1. Definitions been sustained if the Insured were a purchaser for value The following terms when used in this policy mean: without knowledge; or the homestead or community (a) "land The land described, specifically or by reference, property or survivorship rights, if any, of any spouse in Schedule A, and improvements affixed thereto which of any Insured. by law constitute real p-operty. (b) "public records": Those records whi,;h impart construe- 3. Defense of Actions five notice of matters relating to the land. (a} In all cases where this policy provides for the defensr3 (c) "knowledge": Actual knowledge, not constructive of any action or proceeding, the Insured shall secure to knowledge, or notice which may be imputed to the the Company the right to so provide defense in such Insured by reason of any public records. action or proceeding, and all appeals therein, and permit (d) "date": The effective date, inctvding hour if specifie' it to use, at its option, the name of the Insured for such (e) "insured": The insured named inS&eduteAand, subject purpose. Whenever requested by the Company, the to any rights or defenses the Company may have had Insured shall give the Company all reasonable aid in any a, 31nst the named Insured or any person or entity who such action or proceeding, in effe0ng settlement, succeeds to the interest of such nained Insured by securing evidence, obtaining witnesses, or defending operation of law as distinguished from purchase, any such action or proceeding. person or entity who succeeds to the interest of such (b) The Company shall have the right to select counsel of its named Insured by operation of law as distinguished own choice whenever it Isrequiredfodefend anyactionor from purchase including but not limited to the following: proceeding, ano such counsel shall have full control of (i) heirs, devisees, distributees, executors and said defense. administrators; (c) Any action taken by the Company for the defense of the (ii) the successors in interest to a corporation resulting Insured or to establish the title as insured, or both, shall from merger or consolidation or the distribution of not be construed as an admission of liability, and the the assets of such corporation upon partial or com- Company shall not thereby be held to concede liability plete liquidation; or waive any provision of this policy. (iii) the partnership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does (a) No claim shall arise or be maintainable under this not terminate; policy for liability volur,larily assumed by the Insured (iv) the successors in interest to a general or limited in settling any claim or suit without written consent of partnership resulting from the distribution of the the Company, assets of such general or limited partnership upon (b) All payments under this policy, except payments made partial or complete liquidation; for cost:, attorney fees and expenses, shall reduce the (v) the successors in interest to a joint venture result- arT uunt of the insurance pro tanto; and the amount of ing from the distribution of the assets of such joint this policy shall be reduced by any amount (he Com- venture upon partial or complete liquidation; pany may pay under any policy insuring the validity or (vi) the successor or substitute trustee of a trustee priority of any lien excepted to herein or any instrument named in a written trust instrument; or hereafter executed by the Insured which is a charge or (vii) the successors in interest to a trustee or trust re- lien on the land, and the amount so paid shall be deemed sulting from the distribution of all or part of the a payment to the Insured under this policy, assets of such trust to the beneficiaries thereof. (c) U.- Company shall have the option to pay or settle or 2. Exclusions from the Coverage of this Policy compromise for or in the name of the Insured any claim This policy does not insure against loss or damage by reason insured against by this policy, and such payment or of the following: tender of payment, together with all costs, attorney (a) The refusal of any person to purchase, lease or lend fees and expenses which the Company is obligated money on the land. hereunder to pay, shall terminate all liability of the Com- (b) Governmental rights of police power or eminent domain pany hereunder as to such claim. Further, the payment unless notice of the exercise of such rights appears in the or tender of payment of the full amount of this policy public records at the date hereof; and the consequences by the Company shall terminate all liability of the Com- of any law, ordinance or governmental regulation includ- panyunder this policy, ing, but not limited to. building and zoning ordinances. (d) Whenever the Company shall have settled a claim under (c) Any titles or rights asserted by anyone including, but this policy, all right of subrogation shall vest in the not limited to, persons, corporations, governments or Company unaffected by ar,v act of (he Insured, and it other entities to tidelands, or lands comprising the shall be subrogated to and be entitled to all rights and shores or beds of navigable or perennial rivers and remedies of the Insured against any person or property streams, lakes, bays, gulfs or oceans, or to any land in respect to such claim. The Insured, if requested by the extending from the line of mean low tide to the line of Company, shall transfer to the Company all rights and vegetation, or to lands beyond the line of the harbor or remedies against any person or property necessary in bulkhead lines as established or changed by any govern- order to perfect such right of subrogation, and shall ment, or to filled-in lands, or artificial islands, or to permit the Company to use the name of the Insured in riparian rights, or the rights or interests of the State of any transaction or litigation involving such rights or Texas or the public generally in the area extending from remedies. the line of mean low tide to the line of vegetation or S. Policy Entire Contract their right of access thereto, or right of easement along Any action, actions or rights of action that the Insured may and across the same. have, or may bring, against the Company, arising out of the (d) Defects, liens, encumbrances, adverse claims against status of the title insured hereunder, must be based on the the title as h.sured orotl,er matters (1) created, soffered, provisions of this policy, and all notices required to be given assumed or agreed to by the Insured at the date of this the Company, and any statement in writing required to be policy, or (2) known to the Insured at the date of this furnished the Company, shall be addressed to USLIFE Title policy unless disclosure thereof in writing by the Insured Insurance Company of Dallas, 1301 Main Street, Dallas, shall have been made to the Company prior to the date Dallas County, Texas 75202. of this policy; or loss or damage which would not have G. This policy is not transferable. r ` ! r I ' r r ' SCHEDULE A Amount:$2201000.00 Owner Policy No.: O P076506 GF or file No.: 23505-21 HEW Date of Policy: November 19, 1982 Name of Insured: City of Denton, Texas 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, leasehold, easement, etc. - identify or describe) 2. The land referred to in this policy is described as follows: * SEE ATTACHED FOR LEGAL DESCRIPTION USLIFE Title Inturanoe Company or Dallas t 13O7 Main St., Oates, Texas 75201 VaM only if Schedule 8 and Cover Page are attached FORM TI.100MA(REY. 1-0of 4GM081H Attached to and made - ^arl of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No. , All that certain tract or parcel of land lying and being situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, and being part of a (called) 42.5 acre Second Tract as described in a deed from Ira E. Edwards to Earl I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, Deed Records of Denton County, and being more fully described ss follows: COMMENCING at a steel pin in the middle of an East-West road at the Northeast corner of said 42.5 acre tract which is the Northwest corner of a 1.926 acre tract described in a deed frola E.I. Edwards to Robert E. Edwards on July 27, 1972, recorded in Volume 650, Page 44, Deed Records` of Denton County; THENCE N.88 deg. 00' 30" W. with the North boundary li.•. of said 42.5 acre tract in the middle of said road a distance of 110.0 feet to a steel pin at the Northwest corner c: a tract to Robert E. Edwards recorded in Volume 719, Page 268, Deed Records of Denton County, and being the Point of Beginning; THENCE S.1 deg. 09' 20" W. a distance of 206.0 feet to a steel pin at the Southwest corner of said Robert Edwards Tract; THENCF 5.88 deg. 00' 30" E. with the South boundary line of said tract a distance of 110.0 feet to a steel pin; THENCE 6.1 deg. 09' 20" W. a distance of 44.0 feet to a steel pin at the Southwest corner of said 1.926 acre tract; THENCE N.88 deg. 00' 30" W. a distance of 634.22 feet to a steel pin; THENCE N.1 deg. 09' 20" E. a distance of 250.0 feet to a s',Pel pin in the middle of an East.-West road on the North boundary line of said 42.5 acre tract; THENCE S.88 deg. 00' 30" E. with the North boundary line of said 42.5 acre tract in said road a distance of 324.22 feet to a steel pin at the Northwest corner of a tract described in a deed to Gray W. Shelton and recorded in Volume 799, Page 358, Deed Records of Denton County; THENCE S.1 deg. 09' 20" W. with the West boundary line of said Shelton Tract a distance of 206.0 feet to steel pin; THENCE S.88 deg. 00' 30" E. with the South boundary line of said Shelton Tract a distance of 100.0 feet to a steel pin; THENCE N.1 deg. 09' 20" E. with the East boundary line of said Shelton Tract a distance of 206.0 feet to a steel pin in the middle of an East-West road; THENCE 5.88 deg. 00' 30" E. with the North boundary line of e0 d 42.5 acre tract in said road a distance of '00.0 feet to the Point of Beginning, containing 2.6455 acres of land. MISC. INSERT ASMSSPI SCHFDULE B Owner Puhcy No.: O F6506 This policy is subject to Inc, Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, it any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy: 1. Restrictive co,enants 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 im- provements. 3. Taxes for the year 103-- and subsequent years, and subsequent assessments for prior years due to change in I and usage orownershipNot yet due and payable 4. The following fir-n(s) and all terms, provisions and conditions of the instrument(sl creating or evidencing said lien(s): 5. Easement dated January 20, 1945, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 316, Page 5, Deed Records of Denton County, Texas. 6. Easement dated December 17, 1960, executed by Earl I. Edwards and wife, Ruth Edwards to the City of Denton, shown of record in Volume 464, Page 182, Dead Records of Denton County, Texas. 7. Easement dated February 6, 1964, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 508, Page 216, Deed Records of Denton County, Texan. 8. Easement dated February 7, 1970, oxecute4 by Earl Edwards and wife, Ruth M. Edwards to Texas Power and Light Coo pany, shown of record in Volume 601, Page 245, Deed Records of Denton County, I Pxas. 9. Subject to all rights arising under and by virtue that certain option to purchase a 0.427 acre tract, for a term of 10 years, as shown by instrument dated March 15, 1973, executed by Earl I. Edwards and wife, Ruth Edwards to Columbia Properties, Trustee, of record in Volume 669, Page 529 of the Deed Records of Denton County, Texas; said option assigned and transferred by instrument dated June 2t, 1973, executes by Columbia Properties, Trustee to Albcrt K. H. Tung, Trustee, of record in Volu°e 678, Page 92, of the Deed Records of Denton County, Texas. 10. Easement dated November 11, 1981, executed by Earl Edwards and wife, Ruth Edwards to the City of Denton, ohown of record in Volume 1111, Page 663, Deed Records of Denton County, Texas. 11. Any portion of the property herein described which falls within the boundaries of any road or roadway. 12. Visible and apparent easaments on or across the property. \ uthorized Signature ' I USLIFE Title Inamancs company or Owes J 130T Mein St.. Dallas, Ta■u 75202 Valid only if Schedule A and Carer Pagr are attached FOnM T1-1DDTx2(REV. 720) 35Me51H rr Vol. r- 1177PAGE166 WARRANTY DEED THE STATE OF TEXAS S 32893 S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 That we, EARL I. EDWARDS and wife, RUTH EDWARDS, of the County of Denton and State of Texas, for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby ar'cnowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF DENTON, TEXAS, a Municipal Corporation, Grantee herein, whose mailing address is Municipal Building, 215 East McKinney Street, Denton, Texas 76201, all of the following described real. property in Denton County, Texas, to-wit: Fully described in Exhibit "A" attached hereto and made a part hereof. 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 assigns forever; and we do hereby bind ourselves, our heirs, exe- cutors and administrators to WARRANT AND 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 day of November, 1982. E L I. EDWARDS MITH ED RD WARRANTY DEED, Page One I THE STATE OF TEXAS § S COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared EARL I. EDWARDS and wife, RUTH EDWARDS, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this r8~ day of November, 1932. VOI~ s; Notary u State Texas My Commission Expires: 0 YQ. 's~G,~ yrfh`` : HARVEY E, VluEST, 1R. ~y'•••.....• Publ",% L sun Ccunty, Texas OF DENS a•`a AO.erY ter My commission expites FOR CL RETURN 'City of Denton 215 East McKinney Street Denton, Texas 76201 WARRANTY DEED, Page Two SVQI. IMPdGE.LU7 Cl and incorporated herein conveying said utility easement described therein to MICHAEL LEWIS and wife, LESLEE LEWIS t I SECTION III. That portion of the public utility easement herein described being vacated, abandoned, and cl,ls--d is made subject to all existing zoning regulations and deed re3trictions, if any, and 9 subject to all exi! -.j .g easement right.v of others, if any, a whether apparent or not. SECTION IV. This ordinance shall take effect and be in full orce and effect from and after the date of its passage, and i is so ordained. PASSED AND APPROVED by the City Council of the city of Denton, Texas, this the _ day of J2,0 t,", 1983. ,r L r AA RD 0.f _:EWA MAYOR OF DEfiTON, TEXAS J ATTEST: ti- CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY s r a qr r„ i' a. 4 PAGE TWO ~s 4a~.nFd P t.:_ z Fr.~R1~4 r ~a ~R~R i/ 11 ~ R C-206--Ql;IT CLAIM DEED lfARTTN 9utimer,- Co„MIW THE • STATE OF TEXAS, ILNOW ALL 31EN BY THESE PRESENTS: COUNTY OF DENTON } g That The City of Denton, Texas, a Municipal Corporation of the County of Denton and State of Texas , for and inconsideration of ---------------------------TEN s N01100 ($10.00)-------------- DOLLARS, *ta. and other good and valuable consideration ' to it in hand paid by Michael Lewis and wife, Leslee Lewis J r? of the County of Denton and State of Texas , the receipt of whieb ; is hereby acknowledged do, by these presents, BARGALY, SELL, RELEASE, AND FOREVER QUIT CLAL11 unto the said Michael Lewis and wife, Leslee Lewis, their ,x heirs and assigns, all its right title and interest in and to that certain tract or par- eel of lanL1 lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain 121.95 square feet tract of land situated in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas, and being part of Lot 9 Block A of the Willowwood Addition to the City of Denton, Texas and being more particularly described as follows: BEGINNING at a point East 11.5 feet and South 0005" West 6.9 feet from s the Northerly North West corner of Lot 91 Block A, Willowwood Addition THENCE South 0005" West a distance of 27.1 feet; THENCE East a distance of 4.5 feet; r+ THENCE North 0005" East a distance of 27.1 feet; a k THENCE West a distance of 4.5 feet to the point of beginning. :f k s 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 Michael Lewis and wife, Leslee Lewis, their s heirs and assigns, forever, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors Mr. hgbcK nor any person or persons claiming under shall, at any time hereafter, t 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 15th day of November A. D. 19 83 4 Witnesses at JR~Elvest of Grantor: CITY OF DE TON , , TEKA ; ATTEST- / L1r B t R H1RD " MAYO CHARLOTTE ALLEN, C T r SINGLE'' ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF -EFORF. CIE, the undersigned authority. • ir, and for said Ccurty. Texas or this day -,erscrally appeared known to me to be the person whose name subscribed to the foretoing instrument, and acknowledged to me that he executed the sane for the purposes and consideration therein expressed. GIVEN UNDEI-: MY HAND AND SEAL OF OFFICE, This day of A .D. 1P.. (L.S.) `otn~y Pub'.ic, County. Texas 1D;y Corsmimor Expires June 1, 19 _ SINGLE ACKNOWLEDGMENT v~4 THE, STATE OF TEXAS, l COUNTY OF ( BEFORE ME, the undersigned authority, in and for said County, Texas, cr. ti.is day personally appeared ;t i 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 pu!peses and c, nsideratien therein expressed. -J GIVEN L'NfiEF. ?1T HAND AND SEAL OF OFFICE, This day of , A.D. 19 ,t F j Notary- Public, County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT , THE STATE OF TEXAS, 1 COUNTY OFDEN T ON f BEFORE ME, the undersigned authority, OF. in and for said County. Texas, on this day personally appeared Richard 0. Stewart, NlayOr of - the Cat}' of Denton, T2XdS known to me to be the person and officer o y whose name is subscribed to the foregoing instrument and acknowledged to me that the same Ras the act of the said ._..Cityof.Der.ton,_Texas. - ~ . a corporation, and that he executed t?ie same as the act of such corporation fcr the purposes and consideration therein F ' expressed, and in the capacity therein stated. f GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_lSth-_.__.day of_..NOVBIIlber_~. A.D. 19_8_3 ( L.S. ) t., f.. Notary Public, _.Deatn~ .County, Texas :v _ illy Commission Expires June 1, 19.- rc CLERK'S CERTIFICATE r." THE STATE OF TEXAS, County COUNTY OF. J Cleric 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 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 31., in the Records of said County, in Volume. on pages _ WITNESS DIY HAND AND SEAL OF THE COI NTY COURT of said County, at cfl3ce in the day and year last abme written. County Clerk - County, Texas. (L. S.) By Deputy. GI' *t~ X o' C Oz W G ' q W O to iy, yJs W Z''. C U U ~1 a ,4 W W Q{ 1-4 O E,( _ G O rfa~ Gl 3 Is. . ~ . f' v z o o s a 00 N x a F K c ; W F Q C F 3 O O C9 H z . c' O H W TRk it V o Y >I _ _ IAN M O Y ` rn rte, w e „ _ z k , f1 O C I ~ W U tx H v f x• _ Jf - ~ >1 E-4 I Y III , m I y VG , ~ s. w I NO.~ AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 150.5 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 6th day of September, 1983 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by Y this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 20th day of September, 1983 in the r Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has published in full at least i. one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: t` SECTION I. That the hereinafter described tract of land be, and the P. ~1. same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all +i ` the rights and privileges of other citizens of said City and Shall be bound by the acts and ordinances of said City now in :A effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorataa c- Z-1590-PAGE ONE `'~k. tit • . - . t0 ° ;Y h part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the M. Forrest Survey, Abstract No. 417 and being more particularly described as follows: BEGINNING at a point in the present city limits as established by Ordinance No. 65-45, Tract I, said point lying in west boundary line of the M. Forrest Survey, Abstract No. 417 and 250 feet north of and perpendiculer to the center line of F. M. 426 (McKinney Street); THENCE easterly 250 feet north of and parallel to the centerline of F. M. 426 (McKinney Street) the following courses and' distances, (1) south 77°24' east 496.72 feet to the beginning of a curve to the right, (2) easterly 865.29 feet along said curve to tt,e right with a radius 11711.16 feet, central angle 4'1' and a chord of south 75°10' east 501.56 feet, (3) south 70'37' east 418.0 feet (4) south 67°29' east 368.66 feet (5) south 63'54" east 367.95 feet to a point for a corner in the west boundary; t line of a tract of land as described in Volume 1200, Page 462, Exhibit "B" of the Deed Records of Denton County, Texas; Lj THENCE north 0012' west along the west boundary line of said tract a distance of 2579.08 feet to to northwest corner of said tract, said point lying in the south boundary line of a county road; r i ~t. ' THENCE north 89°17' east along the north boundary line of said ' tract same being the south boundary line of said county road, a distance of 1444.17 feet to a point for a corner; THENCE south 0'05' west a distance of 2255.94 feet to a point for a corner; THENCE west a distance of 15 feet to a point for a corner; Y ' THENCE south 0'05' west a distance of 1724.77 feet to a point p' for a corner said point lying 250 feet south of and perpen- dicular to the centerline of F. M. 426 (McKinney Street); j ' THENCE westerly 250 feet south of and parallel to the centerline of F. M. 426 (McKinney Street) the following courses and distances; (1) north 53°43' west 444.06 feet to the beginning of a curve to the left; (2) westerly 343.78 feet, central angle of + 9°39' and a chord of north 58°32'30' west 407.02 feet; (3) north r` f 67'29' west 339.34 feet; (4) north 70°37' west 393.20 feet; (5) north 73'10' west 490.44 feet to the beginning of a curve to the left; (6) westerly 828.34 feet along said curve to the left with a radius of 11211.16 feet, central angle of 4'14' and a chord of north 75017' west 828.15 feet (7) north 77'24' west 402.86 feet to a point for a corner in the west boundary line of the said M. .r Forrest Survey; THENCE north along the west boundary line of said survey 509.10 feet to the place of beginning and containing 150.5 acres of land, more or leas. tt=SECTION II.; ~W_ The above described property is hereby classified as Agricultural "A" District and shall so appear on the official 1°. 2-1590-PAGE TWO '.Ft y 21 1 ' zoning map of the City of Denton, Texas, which m.cn1 is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the 11th day of October, 1983. / ` PASSED AND APPROVED by the City Council on the 5 day of , 1983. RI HARD O STEWART, MAYOR CI 1Y OF NTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS i ,I APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY : 'r ;r .y M S 1 l: `rs ~q Z-1590-PAGE THREE T l x To x PLAN OF SERVICE FOR AN.-EXED AREA, CITY OF D'c:NTON TFXAS WHERE:S, article 970a as amended requires that a plan o_ service be adopted by the governing body of a cit.: prior to passage of an ordinance annexing an area: and i-HEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS : i j Section 1. Pursuant to the prctis_ons of Arti _cle 970a as ! amended, Texas Code Annotated, there is ;.__aoy adopted for the proposed annexation area the followirg plan of service. 1. Basle Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; S s (2) Traffic signals, traffic signs, street markings, and ether traffic control devices will be installed as the need therefore is established by appropriate study and traffic standc.rds. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. x C. eater (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with articl= 13.06 of appendix A of the code of the City- of Denton, Texas. x D. Sewer ~j (1) Properties in the annexed areas 'ill be connected til to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection y (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, 1 .p y,< 1 J+ I L/ • ~~~f NUJ Y' •.r L~ M. ° .'~Y4` . Lei .L CJC~ri lr ,a. , % . Service Plan as Annexed areas w Page t«•c F. Streets tt (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) F14 will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city-, will begin in the annexed area on the effective date of annexation. (3) Reconstructicn and resurfacing of streets, installa- cion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, ' as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. , G. Inspectior_ Services (1) any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning 41, (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting 3 (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The ci`v reco=ends the use of City of Denton for +t electric powsr. [r ( .]r .t h )d;#. r +~bt~--..4C AN,.l 4 Pf / - I+ Y • i Service Plan Annexed Areas Page three La a L. Miscellaneous y (1) Street name signs wh^re needed will be installed j within approximately 6 months after the effective date of annexation. It A N II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is *"p- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas ;i based partly on density of population, magnitude of problems compared to other areas, established l technical standards and professional studias, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed ar=.a will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from 4 the date of annexation. In this new CIP planning year the annexation area will be judged accordingly.to the same established criteria as all other areas of the city. CF, 7 ; s~ 'i s ~ Ilk. - 7F • P330 WEST 17TH STAffT POST OFFICE BOX 30 TELEPHONE !9131 899-3671 I&Br COMM GOOOUINO, KANSAS x7735 0030 A G R E E M E N T (RENEi.:AL OF OPTION TO PURCHASE PERSONAL PROPERVY) ACREES(r'NT, wade and entered into this 15r day of 1983, by and between the CITY OF DENTON, TEXAS, hereinafter referred to as the "City" and P AND B CONTRACTORS , INC., a Kansas corporation, here- inafter referred to as the "Contractor", witnesseth: WRE RFAS, the City and the Contractor have entered into an agreement dated march 1, 1983 providing for an option to purchase certain personal property; and an agreement dated September 20, 1983 to renew said option to purchase: Five dual fuel engine-generators as described in the agreement dated 11-larch 1, 1983. Whereas, the term of the original agreement and renewal agreement is due to expire, and the Contractor wishes to extand the agreement, now therefore: In consideration of the sum of Ten Thousand and 00/100 Dollars ($10,000.00) cash in hand paid, receipt of which is hereby acknowledged, I/we hereby bargain, sell, grant and give unto P AND B CONTRACTORS, INC. of Goodland, Kansas, all heirs, assigns, or representatives, the EXCLUSIVE: option and right to purchase, for an additional period extending through December 31, 1983, upon the terms and conditions as set forth in the original agreement dated March 1, 1983, as modified herein and in the renewal option dated September 20, 1983. WITNESSF.TH, that the Contractor under the terms of the agreement dated September 20, 1983 does relinquish all right and privilege to exercise his right of first refusal to meet and match any option or purchase ag*eement offered to any other party or parties for a period of six (b) months past the expiration date, and; That if a purchase agreement for any or all of the engine- generator units, as described, is entered into under the terms of this agreement; then the amount of monies extended under the agreement dated `larch 1, 1983 shall be applied toward the purchase price of the units as set forth in that agreement; the monies extended under the renewal agreement dated September 20, 1983 shall be applied as speci- fied iu that agreement; and the monies extended under this renewal agreement, dated this j51'-,day of 1983 shall not be pro-rated a:,ong the units, but shall be applied against the purchase price of any or all of said units, individually or collectively. ENGINE SALES AND INSTALLATION POWER PLANT EQUIPMENT LFE= FIELD SERWE TECHNICIANS I&B P330 WEST 17TH STREET POST OFFICE BOX 30 TELEPHW 19131 W-3671 1 GOOOLANO, KANSAS 677350030 . page 2 of 2-- This agreement shall inure to and be binding upon the parties hereto, their respective heirs, executors, administrators, successors, and assigns. f~WITNESS the hands and seals of the City and the Contractor this , /57-*. day of ? oyewi >l2_L , 1983. P AND B CONTRACTORS, INC. CITY OF DENTON, TE-.,S Bob D.'Pi kham~ I Attest: (Title r osition o: signer) _ Attest: (SEAL) 1&V4, (SEAL) ENGINE SALES AND INSTAPAATION POWER PLANT EQUIPMENT FIELD SERVICE TECHNICIANE CITY of DENTON, TEXAS MUNI(fPAL BU~LD,'NG DENTON, TEXAS 75101 i TELEPHONE (biz) 566.8104 November 16, 1983 Mr. Bob D. Pinkham P&B Contractors Inc. 330 West 17th Street Q PO Box 30 Goodland, Kansas 67735-0030 Dear Mr. Pinkham: We are enclosing the executed "Renewal of Option to Purchase Personal Property Agreement", which was approved by the Public Utilities Board on November 14, 1983, and the Denton City Council on November 15, 1983. As specified in the Agreement, the $10,000 has been credited to the appropriate City account, and this Agreement extends the original agreement dated March 1, 1983, as modified September 20, 1983, to December 31, 1983. Regards, , R. E. Nelson, P.E. Director of Utilities gcr cc: City 0'ecretary t,z E. B. Tu"~.los, Asst. Dir. of Utilities, Elec. John Marshall, Purchasing Agent file 2621U/34 IP&B 330 WEST 17TH STREET POST OFFICE BOX 30 TELEPHONE (913) 899.3671 GOODLAND, KANSAS 67735-0030 COWINC A G.°. E E E `v i (RE:::+'AL OF OPIION TO PURCHASE PERSONAL PROPERTY) ?.G REE`ENT, Lade and entered into this _4 d y of 1983, by and between the CITY OF DENTON, TEXAS, hereinafter referred to as the "City" ar:d P AND B CONTRACTORS, INC., a Kansas corporation, here- inafter referred to as the "Contractor", witnesseth: WHEREAS, the City and the. Contractor have entered into an agreement dated march 1, 1983 providing for an option to purchase certain personal pr,)party; and an agreement dated September 20, 1983 to renew said option to purchase: Five dual fuel engine-generators as described in the agreement dated `:arch 1, 1983. Vnereas, the term of the original agreement and renewal agreet:tnt is due to expire, and the Contractor wishes to extend the agreement, now therefore: In consideration of t,ie sum of Ten Thousand and 00/100 Dollars ($10,000.00) cash in hand paid, receipt of which is hereby acknowledged, I/tie hereby bargain, sell, grant and give unto P AND B CONTRACTORS, INC. of Goodland, Kansas, all heirs, assigns, or representatives, the EXCLUSIVE option and right to purchase, for an additional period extending through December 31, 1983, upon the terms and conditions as set forth in the original agreement dated March 1, 1983, as modified herein and in the renewal option dated September 20, 1983. WITN'ESSET}i, that the Contractor under the terms of the agreement dated September 20, 1983 does relinquish all right and privilege to exercise his right of first refusal to meet and match any option or purchase agreement offered to any other party or parties for a period of six (6) months past the expiration date, and; That if a purchase agreement for any or all of the engine- generator units, as described, is entered into :ader the terns of this agreement; then the arount of monies extended under the agreement dated March 1, 1983 shall be' applied toward the purchase price of the units as set forth in that agreement; the monies exteric!ed >>nder the renewal agreement dated September 20, 1983 shall be applied as speci- fied in that agreement; and the monies extended under this renewal hZZyja4A_ 4.,1983 shall not agreement, dated this !day c: be pro-rated among the snits, but shall be applied against the purchase price of any or all of said units, individually or collectively. C=am ENGINE SALES AND INSTALLAT{ON POWER PLANT EQUIPMENT FIELD SERVICE TECHNICIANS ' P&B 330 WEST 17TH STREET POST OFFICE SOX 30 TELEPHONE 1913} 899.3671 COItTRACTORS ~~o. KANSAS MA-00.30 INC. Page 2 of 2-- This agreement shall inure to and be binding upon the parties hereto, their respective heirs, executors, administrators, successors, and assigns. WITNESS the hands and s ais of the City and the Contractor this 15''t-, daq of , 1983. P A:.*D B CONTIkCTOF:S, INC. CITY OF DENTON, TEXAS Bob D. 'Piri than Attest: (Titl position of signer) ~c Attest (SEAL) - (SEAL) ENGINE SALES AND INSTALLATION POWER PLANT EQUIPMENT FIELD SERVICE TECHNICIANS CHANGE OR EXTRA WORK ORDER PROJECT: Vlastewater Treatment Plant Expansion CONTRACT: C-48-1188-03 OWNER: City of Denton, Texas CONTRACTOR: Gracon Construction Company CHANGE ORDER NO. 15 DATE: November 17, 1983 CHANGE OR EXTRA WORK TO BE PERFORMED 1. Credit for conversion of Limitorque 14odutronic 30 to a Limitorque hiodutronic 40 at the Denton I-JNTP. Conversion was required to bring motor operator for the 20" main plant plug valve into compliance with project specifications. Deduct $1,260.00 2. Add 90 calendar days to allow for time for completion of change order. Previous contract amount eb 7,871,390.OD Not(increase)(decrease)in contract amount 1,260.00 Revised contract amount 7,870,130.00 Not(increase)(decrease)in contract time of completion 90 calendar days Revised contract time of completion 1,227 C.D. December 1, 1983 Recommended by Approved by OWNER FREESE AND NICHOLS By o..lrSburien: Approved by CONTRACTOR I-Owmar I - Cen l ra Oo r I - F. 8 N. Writa I-Ras. Eng. r PURCHASE REQUEST P.O. NO. ' 624 DATE FUND wpst~ Water Division, Utilities_ 8266 008 ~/Raoul llloned by A)q PI rt a Eat. TERMS AGENCY G sy.~ DEL. DATE ORGAN12ATiON 0450 Division Approtae ( ppaAmanl Approval ` To DeZurik BID NO. OBJECT 9101 c/o Newrr.an Engineering Equip.Inc' 9959 P.O. Box 20616 A/C Dallas, TX 75220 to: CITY OF DENTON ATTN: Joseph L. Rainier ITEM STOCK NUM9ER DESCRIPTION OVAN/VNIT PRtCE AMOUNT 1 One (1) Linitorque Conversion Unit to convert 1 $1260. Modutronic 30 to a Modutronic 40 in the field, to include installation and travel expenses. Reference De Zurik wo4734793 and 9112618. AS APPROVED BY DENTON CITY COUNCIL NOVEMBER 15, 1983 DELIVERY DATE TOTALS, TAX EXEMPT. Eatinuted I* Lacs Grtificstion of Fund Bid only Order today Lost Purchased From Balance Ouotationsonly Rua1 Data City Manager Approval Purchasing Agent's Approval Emergency PYKh. Quota gulch. Confirmation Bid purchase O N DeZURIK, DIVISION OF GENERAL S:GNAL MFG. CORP., A UNIT OF GENERAL SIGNAL OeZURIK, SARTELL, MINNESOTA 56377 U.S.A. PHON9 (9121 3259.2000 TELEX 29.0505 CAGLE ADORESSt D"ZURIK TO: Freese & Nichols, Inc. DATE: October 14, 1983 811 Lamar St Ft. Worth, Texas 76102 QUOTE NO.: Q-10143-JLR ATTN: Coy Veach PAGE: 1 Of 1 REF. City of Denton, Texas Gracor. Construction Company MAKE ORDER TO: QeZ URIK c/O: Newman Engineered Eqpt. I F.O.B. FFA P. 0. Box 20616 TERM S Net 30 Days Dallas, Texas 75220 BY: DELIVERY 4_6 Weaks Joseph L. Rainier ANY PURCHASE ORDER ISSUED AS A RESULT OF THIS QUOTATION IS SUBJECT TO ALL OF THE MANUFACTURERS CONDITION "cT FORTH ON THE REVERSE SIDE HEREOF AND FINAL ACCEPTANCE BY DeZURIK AT SARTELL, MINNESOTA. We are pleased to offer the following equipment for your consideration. l_ One {1} Limitorque Conversion Unit to Convert Modutronic 30 to a Modutronic 40 in the field. $ 1,260.00 net each. NOTE: Above price includes a new drawing submittal. Reference DeZurik's W.O. 734793 & 9112618 when placing order. 6' a osep Ra nier 1~ . JL sh cc: Jim Kerns/Gracon Roger Whittaker/DeZurik ~l „ REAL PROPERTY RECORDS 49016 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: yy; COUNTY OF DENTON S i i That the undersigned, Intracoastal Towing and Transportation Corporation and Barworth Corporation, a joint venture d/b/a ~J Westpark (hereinafter called Grantor, whether one or more) for and in consideration of the sum of Ten and No/100 ($10.00) Dollars in hand paid by the City of Denton, Texas, a municipal corporation (hereinafter called Grantee), the receipt of which is hereby aknowledged, has granted, sold and conveyed and does s✓. hereby grant, sell and corray unto said Grantee, its successors and assigns, a righ,-of-way and easement for the purpose of erecting, constructing, reconstructing, replacing, removing, maintaining and using utility poles with all necessary wires and cables for the transmission of electrical energy, and for communication purposes, and all necessary and proper foundations, footings, crossarms and other appliances and fixtures for use in connection with such poles, wires and s<~ j'. cables, on, along and across the lands of Grantor, as shown in ; Exhibit "A" attached hereto and incorporated herein for all purposes, described as follows: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and 'Y• being part of the J. Perry Survey, Abst. No. 1040 and the T. Toby Survey, Abst. No. 1285 and also being part of a tract of land as conveyed by Jess Newton Rayzor, etal to Intracoastal Towing and Transportation Corp., and Barworth Corporation, as a Y joint venture d/b/a Westpark by deed recorded in volume 1271 page 759 of the Deed Records of Denton County, Texas, and more particularly described as follows: { Beginning at a point in the nortiti right-of-way line of F.M. 1515, said point lying at the southwest corner of Lot 1 Block 1 of the Westpark Addition; Thence south 890 22' 40" west along the north right-of-way line of F.M. 1515 a distance of 16.0 feet to a point for a corner; Thence north 00 08' 55" west, 16 feet west of and parallel with the west boundary line of Lot 1 Block 1, Westpark Addition, a distance of 2083.38 feet to a point for a corner; Thence south 890 49' 35" west a distance of 30 feet to a point ~r for a corner; PAGE ONE r a . r I V I s rw Thence north 00 10' 25" west a distance of 16 feet to a point for a corner; mac, .1 Thence north 890 49' 35" east a distance of 118.0 feet to a point for a corner in the east boundary of a 34 foot wide railroad right-of-way; :y Thence north 00 07' 16" west along said east boundary line of the railroad right-of-way a distance of 4202.73 feet to a point E for a corner in the south right-of-way line of Jim Christal Road; Thence north 880 09' 13" east along the south boundary line of said road, a distance of 16.01 feet to a point for a corner; Thence south 00 07' 16" east, 16 feet east of and parallel with said east boundary line of the railroad right-of-way, a s distance of 4202.92 feet to a point for a corner; Thence north 890 49' 35' east, a distance of 30 feet to a point for a corners Thence south 00 10' 25" east, a distance of 16 feet to a point r' for a corner, in the north boundary line of said Lot 1; i Thence south 890 49' 35" west along the north boundary line of said Lot 1, a distance of 118 feet to a point for a corner; same being the northwest corner of said Lot 1; a Thence south 00 08' 55" east along the west boundary line of said Lot 11 a distance of 2083.54 feet to the place of beginning H and containing 2.369 acres of land more or less. Grantee shall have the right from time to time to trim and IR' cut down and clear away any and all trees and brush now or hereafter on the strip and shall have the further right from 1 time to time to trim and cut down and clear away any trees on ~i either side of the easement and right-of-way which now or c_ hereafter, in the opinion of Grantee, may be a hazard to its x§'; poles, wires or cables. Grantee shall have the right to use gates in all fences x afi; which now cross or shall hereafter cross the easement and 40 right-of-way so as to have convenient access to said easement a and right-of-way. Grantor shall have the right to use the easement and Y # right-of-way for any purpose not inconsistent with Grantee's a full enjoymPns, of the rights herein granted, except as otherwise t specified herein, provided that Grantor shall not erect or 4 construct any building or other structure, or drill or operate' any well, within the easement and right-of-way. PAGE TWOS' 77 a ,r i4 Ci , i 1 T Grantee shall, at its own cost and expense, relocate its poles, wires and cables, located within that part of the ease- ment and right-of-way granted herein east of the existing railroad right:-cf-way and north of Lot, block 1 of west Park Addition, to the extent such relocation is feasible within the easement, so as may be necessary to accommodate future storm drainage systems or railway siding or spur construction installed by Grantor, its grantees, successors, or assigns within the easement and right-of-way. Witness our hands this the 31.22 day of 1983. e INTRACOASTAL TOWING b BARWORPH CORPORATION r, TRANSPORTATION CORPORATION d/b/a VESTPARK d/b/a WESTPARK +t BY: BY: CHILLER WILLIAM LAMAR DOYLE E. ~ j PRESIDENT PRESIDENT THE STATE OF TE,:AS S COUNTY OF /?#Pt " S ar. T~~,, instrument was acknowledged before me on the A~ day ` of V , 1983 by William Lamar Doyle, President of ' 11rr~S a owing & Transportation Corporation, on behalf of ai'd c8i ott'~on, d/b/a Westpark, a joint venture. ^ +J'' l r NOTARY PUBLIC STATE OF TEXAS r My'ed►iii ssion expires: y. y THE STATE OF TEXAS ti; ff Y COUNTY OF #/)2P,J.S S i~ instrument was acknowledged before me on the ? day 1983 by E. J. Schiller, President of , x1~ h of •Barworth-'C.orporation, , on behalf of said corporation, d/b/a r idest~~rk';.'.a ;joint venture. NOTAR57 LIC ys S. , STATE OF TEXAS Mx~~thtmission expires: / PAGE THREE 'Y ~`~,~'1 YvItNJ~iiV~ ~ ~ • "EX}tIBIT, A" y A}` 1 I 7{{I ' I 111(1 ti 3 O a c ~ t Eltcc.< Buc. 3 i ` 1 4 W I T ~i I 1 i ~ -t \sR~ r ;i Bteee 3 i n"n? *-A, oh EL°CK Z LOT BLOCK 1 Y:Z West Port Addn tc F. M.1515(AtRPoRt RD) y R~ .atEl 1 t" v i yn' t~l'~°nod K. f ~ V Q\J~ ~ l~ON ~g4 Gadu~a~s so uFal 'puno) uolu'+4 p 1" 14 ~to p glad pug owrKA 441 ui ~+O wg " A1 voon4 W W Nn pu iy orp sew yp pap} sgu 1uNUr<n-ul s14i K'4144Ja' +G4o+g!l 1 so " $aa1 114U.VJ 11 Kifsl) l !G) UO mum ja 91 w r-r :r V cn 7 C1 M 0 'a N -S Q~-. C O A h i ~ v C.o w 3 ^ 0 7T »n - 1 I Speed Letter 4a-9o2 NCR Grn Line SNAP-AWAY.- FORM Speed Letter, Tn CHARL= AJISN, CITY sFcFzL7ARY Gay R., Utility Ar n. LONF. STAR CM MnRACr Si,b;,,tI MESSAGE Nov. 23, 1983: Please file attached executed Lone Star Gas Contract with the official records of the City. - REPLY - - WdsonJones es: RECIPIENT-RETAIN WHITE COPY, RETURN PINK COPY A GAS SALES tl;D EXCHANGE CONTRACT THIS AGREEMENT, made and entered into by and between LONE STAR GAS COMPANY, hereinafter referred to as "Seller," and the CITY OF DENTON, TEXAS, a municipal corporation, hereinafter referred to as "Buyer," W I T N E S S E T H: WHEREAS, Buyer owns and operates electric generating stations known and designated as its Mulberry Diesel Plant and Spencer Generating Station both located in Denton County, Texas, which electric generating stations and all enlargements or additions thereto, during the term hereof, are hereinafter sometimes collectively referred to as "Buyer's 'Plants"' and WHEREAS, Buyer desires to be assured of an adequate supply of natural gas to meet the natural gas fuel requirements for the operation of said Plants, and Seller desires to sell such gas to Buyer; NOW, THEREFORE, in consideration of the premises and the sum of T=n dollars ($10.00) cash in hand paid to each party by the other party hereto, the receipt and sufficiency of which is acknowledged, and of the mutual covenants and agreements herein contained, Seller and Buyer do t_reby contract and agree with each other as follows: ARTICLE I SUbJECT MATTER: Subject to the terms and provisions hereinafter set out and to the extent of and in accordance with the terms, conditions and limitations hereinafter stipulated, Seller agrees to sell. and/or deliver to Buyer and Buyer agrees to purchase and/or receive from Seller, at the points of delivery herein provided for, natural gas for the natural gas fuel requirements of Buyer's Plants during the term hereof other than the fuel requirements of Buyer's Plants to be satisfied with fuel that Buyer has the l i. right to purchase in accordance with the provisions of Article XII hereof, hereinafter called "Buyer's Fuel Requirements", up to but not in excess of the Maximum Hourly, Maximum Peak Day and Maximum Annual Fuel Requirements provided for in Article II hereof. ARTICLE II QUANTITY: (1) The quantity of gas, computed on the basis of a heating value of one thousand (1,000) British Thermal Units per cubic foot, which Seller is obligated to sell and/or deliver to Buyer and which Buyer 13 obligated to purchase and/or receive from Seller hereunder, but subject to that certain Transfer of Gas Agreement between the parties executed as of the date of this Gas Sales and Exchange Contract !herein referred to as Gas Transfer Agreement) during each Calendar Year (in the case of 1983, Calendar Year means in this agreement that portion of the Calendar Year subsequent to the effective date of the agreement) of the term hereof, shall be a volume of gas equal to chat amount of Buyer's Fuel Requirements specified by this agre=went for its Plants, up to but not in excess of Buyer's Maximum Hourly Fuel Requirements, Maximum Peak Day Fuel Requirements and Maximum Annual Fuel Requirements for each of said years, as set forth in the following Exhibit "A". 2 r EXHIBIT Maximum Hourly Maximum Peak Day Maximum Annual Calendar Fuel Requirements Fuel Requirements Fuel Requirements Year (Million Cubic Feet) (Million Cubic Feet) (Million Cubic Feet) 1983 2.5 50 1,000 1964 and each 2.5 50 6,000 year thereafter * * * * * * * (2) Without limiting the obligation hereunder of Buyer to purchase and/or receive Buyer's Fuel Requirements for its Plants, up to but not in excess of the Maximum Annual Fuel Requirements set forth in Exhibit "A" during each Calendar Year of the term hereof beginning with the Calendar Year 1983, Buyer agrees to take and pay for, or pay for whether taken or not, during each Calendar Year of the term hereof, a Minimum Volume of gas which is equal to forty percent (40X) of the amount of Buyer's Estimated Annual Fuel Requirements for such Calendar Year as set forth in the following Exhibit "B" and determined in accordance with the provisions of said Exhibit { "B", all to be computed on the basis of a heating value of one thousand, (1,000) British Thermal Units per cubic foot: EXHIBIT "B" Estimated Annual Fuel Requirements Calendar Year (Million Cubic Feet) 1983 586 1984 through 1986 2,400 (a) Buyer shall submit to Seller at least twelve (12) months prior written notice setting forth the Estimated Annual Fuel Requirements for the Calendar Year beginning January 1, 1987 and each Calendar Year thereafter. The Estimated Annual Fuel Requirements for 1987 and each 3 Calendar Year thereafter shall not differ from the Estimated Annual Fuel Requirements in effect for the immediately preceding Calendar Year by plus or minus twenty-five percent (25X). Buyer may, once and only once during the term hereof, establish the Estimated Annual Fuel Requirements as provided in the first sentence of this paragraph for any Calendar Year which differs from the immediately preceding calendar Year's Estimated Annual Fuel Requirements by plus or minus fifty percent (50X) if a new electric generation unit which is wholly or partially owned by Buyer is scheduled to begin commercial operation. In no event, however, will Buyer establish an Estimated Annual Fuel Requirement for any Calendar Year of the term hereof which is less than six hundred forty (640) Million Cubic feet. (b) If, for any Calendar YL3r, Buyer fails to submit Estimated Annual Fuel Requirements as provided for herein, then the immediately preceding Calendar Year's Fstimated Annual Fuel Requirements shall apply. (3) in no Calendar Year shall the Estimated Arknual Fuel Requirements of Buyer as provided for in Exhibit "B" of Paragraph (2) of this Article exceed the Maximum Annual Fuel Requirements for such Calendar ':ear as set forth in Exhibit "A" of Paragraph (1) of this Article. Sel.'er's obligation to deliver gas hereunder shall not, in any Calendar Year, exceed Buyer's Estimated Annual Fuel Requirements set forth or determined a:z provided for in said Exhibit "B". Seller agrees, however, to make available for delivery to Buyer hereunder during each Calendar Year volumes in excess of Buyer's Estimated Annual Fuel Requirements for such Calendar Year without j exceeding the maximum hourly and daily volumes otherwise in effect hereunder if Seller determines it can do so without interfering with the conduct of its utility business. In the event that Buyer, by written notice to Seller as provided for in said Exhibit "B", establishes its Estimated Annual Fuel i Requirements for any Calendar Year at a volume which is greater or less than the Estimated Annual Fuel Requirements for the immediately preceding Calendar Year, then the Maximum Hourly Fuel Requirements and the Maximum Peak Day Fuel 4 Requirements for such Calendar Year shall be increased (subject to the maximum hourly and daily volumes set forth in said Exhibit "A") or reduced in the same proportion that the Estimated Annual Fuel Requirements so established for such Calendar Year bears to the immediately preceding Calendar Year's Estimated Annual Fuel Requirements. (4) Buyer agrees that all of the gas purchased and exchanged hereunder will be used or consumed in and for the operation of Buyer's Plants, and that no part of such gas will be resold or used for any other purposes, except as otherwise provided in that certain Transfer of Gas Agreement, executed as of the same date as this agreement, between Seller and certain members of the Texas Municipal Power Agency of which Buyer is a E member. Nothing contained in this agreement shall be construed as obligating Buyer not to purchase fuel for use in Buyer's Plants from any other person, f firm or corporation whatsoever when such fuel is in excess of Buyer's Fuel Requirements as defined in Article I. Nothing contained in this agreement L shall prevent Seller from selling and/or delivering and Buyer from buying and/or receiving hereunder any additional quantities of gas in excess of Buyer's Fuel Requirements which Seller desires to sell and/or deliver and which Buyer desires to purchase and/or receive on such terms and conditions as may then be mutually agreed upon. I (5) If, during any Calendar Year of the term hereof, Buyer should fail to purchase the Minimum Volume of gas required by this agreement to be purchased during such year, Buyer shall pay Seller for the amount of the deficiency as follows: (a) That portion of the deficiency up to but not in excess of ten percent (101) of Buyer's Estimated Annual Fuel Requirements for the Calendar Year during which such 5 deficiency occurred shall be considered as the first volumes delivered, excluding any exchange deliveries, during the next succeeding Calendar Year and shall be paid for at the total price otherwise in effect under this agreement for the periods during which such deficient volumes are delivered. All such deficient volumes so delivered to Buyer during any Calendar Year shall not be deemed deliveries of gas in such Calendar Year for the purpose of computing Buyer's Minimum Volume obligations. The delivery of deficient volumes as provided shall not increase Seller's maximum hourly, daily, and annual delivery obligations as set forth in i this agreement unless otherwise agreed to by Seller. (b) Any deficient volumes for any Calendar Year in excess of ten percent (10X) of the Estimated Annual Fuel Requirements for such Calendar Year or any deficient volumes not taken as provided in subparagraph (a) of this paragraph (5) shall be paid for by Buyer at a price computed by using a price equal to twenty percent (20X) of the weighted average of the monthly prices paid by Buyer to Seller for gas purchased and delivered under this agreement during such Calendar Year that said deficient volume occurred. The amount of such payment due shall be computed by multiplying said price by the deficient volume. Such payments shall be made to Seller as liquidated damages for Buyer's failure to take such Minimum Volume of gas, such being agreed upon as 6 reasonable under the circumstances as a part of this .agreement, and not as a penalty. In the event Buyer fails to purchase any volumes hereunder during any Calendar Year, the price used in computing any deficient amount due hereunder for each Calendar Year shall be twenty percent (20%) of the total price for December of such year as calculated in accordance with paragraph (1) of Article VI of this agreement. During each Billing Month of the next succeeding Calendar Year, commencing with the Billing Month ending on January 31 thereof, Seller's bills to Buyer, for gas delivered during such months, shall be increased by adding to such bills an amount equal to one-twelfth (1/12) of the total amount due Seller by reason of Buyer's failure to purchase, during the preceding Calendar Year, the Minimum Volume of gas required to be purchased hereunder. (c) Any deficient volumes incurred during the last i Calendar Year of the term hereunder or any deficient volumes not taken as provided in subparagraph (a) of this i paragraph (5) during such last Calendar Year, shall be paid for by Buyer in accordance with subparagraph (b) of this paragraph (5), except that Seller's bill to Buyer for gas delivered during the last billing month of the term hereunder, shall be increased by the total amount due Seller by reason of Buyer's failure to purchase, during such last Calendar Year, the minimum volume of gas required to be purchased hereunder. i 7 ARTICLE III LUALITY: Seller shall deliver to Buyer gas which is of merchantable quality and reasonably free from water and other objectionable fluids and from sand and other objectionable solids and which contains not more than twenty (20) grains of total sulphur, nor more than one (1) grain of hydrogen sulphide, per one hundred (100) cubic feet of gas, and which has a heat content of not less than nine hundred (900) British Thermal Units (BTU) per cubic foot under the conditions of measurement set forth in Article V. Seller will notify Buyer as soon as possible in advance of any change in the source of gas supply which would effect a substantial change in the BTU content of the gas delivered to Buyer. ARTICLE IV DELIVERY AND CONNECTION FACILITIES: (1) The points of delivery of gas to be sold and delivered by ii Seller to Buyer hereunder shall be at the outlet side of Seller's regulating and metering stations on the sites of Buyer's Plants. Seller Pgrees that it will construct, operate and maintain such regulating and metering stations, as well as the necessary tap or lateral lines from its main pipeline system to said regulating and metering stations. Buyer agrees that it will furnish to Seller without charge suitable space at Buyer's Plant sites for Seller's tap and lateral pipelines, regulating and metering stations and appurtenant I equipment, and that it will install and maintain the necessary service lines J i to connect with Seller's lines at the outlet side of Seller's regulating and metering stations. Buyer shall authorize no person other than an agent of Seller, or a person otherwise lawfully authorized, to tamper with, inspect or E I remove same, and Seller shall have free ingress to and egress from Buyer's i 8 premises for the construction, maintenance, repair and replacement of its property located thereon, or for any purpose connected with the supplying of gas hereunder. (2) Gas is deliverable by Seller to Buyer hereunder at the outlet side of Seller's regulating and metering stations where Buyer's service line connects with Seller's supply line. Seller shall maintain at each of said delivery points, such reasonably steady pressure as may be designated by Buyer at each point of delivery but not in excess of a maximum of seventy-five (75) pounds per square inch gauge pressure. (3) The delivery and acceptance of gas hereunder shall begin as herein set out, and the title to and ownership of the gas delivered hereunder shall pass to and absolutely vest in Buyer at the points of delivery herein provided for. (4) Each of the parties hereto agrees to promptly notify the other party of expected changes ir. operating conditions which will affect the delivery and receipt of gas hereunder, and the reasons for such expected changes. ARTICLE. V MEASUREMENT: (1) For the purpose of this agreement the unit of measurement of ,,as shall be one thousand (1,000) cubic feet at a pressure base of fourteen and sixty-five one hundredths (14.65) pounds per square inch absolute and at a temperature base of sixty degrees (60°) Fahrenheit. Meter measurements i shall be computed by Seller into such units in accordance with the ideal gas laws corrected for deviation from the pressure and temperature conditions set forth in the preceding sentence and in the case of orifice meter volume computation, it shall be in accordance with the latest applicable measurement r 9 standard of the A.G.A Gas Measurement Committee Report No. 3, a publication of the American Gas Association, 1969 revision, as amended. In such computations, Seller shall correct the volume measured based on the actual flowing temperature of the gas. (2) The gas delivered hereunder shall be measured by means of meters of standard type, which shall be installed, operated and maintained by Seller and placed at the aforementioned points of delivery or in as close proximity thereto as practicable. bleters, and other measurement instruments and equipment, shall be inspected and adjusted for accuracy monthly by Seller at Seller's expense. (3) Buyer shall have access to said metering equipment at all times, but the reading, calibration and adjustment thereof and the changing of charts shall be done only by the employees or -igents of Seller. Charts and records from such metering equipment shall remain the property of Seller and shall be kept on file by Seller for a period of not less than four (4) years. However, upon request of Buyer, Seller shall submit to Buyer charts and records from its metering equipment, together with calculations therefrom, for Buyer's inspection and verification, subject to return '.y Buyer within ten (10) days after receipt thereof. (4) Buyer may, at its option and expense, install and operate ureters, instruments and equipment to check Seller's meters, instruments and equipment, but the measurement of gas for the purpose of this agreement shall be by Seller's meters only, except as hereinafter specifically provided. The meters, instruments and equipment installed by Buyer shall be subject at all reasonable times to inspection or examination of Seller, but the reading, calibration and adjustment thereof shall be done only by Buyer. 10 (5) Each party shall give to the other party notice of the time of all tests of meters sufficiently in advance of such tests so that the other party may conveniently have its representatives present, provided, however, that if either party has given such notice to the other party and such other party is not present at the time specified, then the party giving the notice may proceed with the test as though the other party were present. Upon written request from either party, the party making the test will furnish the other party a copy of any test report requested. (6) Meter measurements computed by Seller shall be deemed to be correct except where the meter is found to be inaccurate by as much as one percent (1%), fast or slow, or to have failed to register, in either of which cases Seller shall repair or replace the meter. The quantity of gas delivered while the meter was inaccurate or failed to register shall be determined by the readings of Buyer's check meter, if installed and in good operating condition, or by correcting the error if the percentage of error is ascertainable by calibration or mathematical calculation. If nov so ascertainable, then it shall be determined by estimating the quantity on a basis of deliveries under similar conditions when the meter was registering accurately. Such adjustment or correction shall be made for the period during which the inaccuracy or failure exist; provided, Vowa%ar, if such period cannot be reasonably determined the adjustment or correction shall be made for the latter half of the period elapsed since the last previous meter test. (7) The daily average heating value of the gas delivered hereunder, expressed in British Thermal Units per cubic foot and computed on the basis of a pressure of fourteen and sixty-five one-hundredths (14.65) pounds per square inch absolute aad a temperature of sixty degrees (60°) Fahrenheit, 11 shall be determined at Seller's expense by the use of recording calorimeters of standard type, which shall be Installed and operated by Seller. Each calorimeter shall be tested for accuracy by Seller at regular monthly intervals and should any test show it to be inoperative or recording in error as much as five (5) British Thermal Units, plus or minus, proper correction of recorded values shall be made for the period during which the recorder was inoperative or recording in error, and if this period cannot be ascertained, correction shall be made to the values recorded during the latter half of the period elapsed since the last previous test. In determining the heating value of the gas delivered hereunder the degree of saturation by water vapor of the gas to be delivered hereunder shall be assumed to be seven (7) pounds per one million cubic feet of gas. (8) Upon written request from Buyer, Seller will furnish Buyer a detailed report within ten (10) days of any test conducted or computation made by Seller pursuant to this Article. ARTICLE VI PRICE/EXCHANGE FEE (1) The price payable by Buyer for the gas to be purchased from Seller hereunder shall be determined for each Billing Month, as that term is defined in Article IX hereof, by increasing the Base Price in effect during such month, as set forth in Paragraph (2) of this Article, by an amount equal to the Weighted Average Price, as defined in Paragraph (3) of this Article, for such billing mouth, provided, however, that all of the prices payable by Buyer for the gas to be delivered by Seller to Buyer hereunder are subject to adjustment for variations in the British Thermal Unit heat content of the gas in the manner and to the extent set out in Article VII hereof. 12 (2) The Base Price of gas to be purchased by Buyer from Seller hereunder shall be as follows: (a) Beginning with the effective date hereunder and ending December 31, 1983 the Base Price per one thousand (1,000) cubic feet of gas shall be thirty-seven cents (37C)• (b) During each month throughout the period beginning January 1, 1984, and ending December 31, 1984, the Base Price per one thousand (1,000) cubic feet of gas shall be the greater of (i) a price determined by multiplying the Base Price in effect during December, 1983, by the percentage change in the Base Price Adjustment Calculation, as defined in subparagraph (2)(g) of this Article and herein referred to as the "BPAC", for 1983 over the BPAC for 1982, and adding the result thereof to the Base Price in effect during December, 1983, provided, however, such determined Base Price shall not exceed the Base Price in effect during December, 1983 by more than five cents (50 or (ii) thirty-nine cents (39c). (c) During each month throughout the period beginning January 1, 1985, and ending December 31, 1985, the Base Price per one thousand (1,000) cubic feet of gas shall. be the greater of (i) a price determined by multiplying the Base Price in effect during December, 19840 by the percentage change in the BPAC for 1984 over the BPAC for 1983, and adding the result thereof to the Base Price in effect during December, 1984, provided, however, such 13 dete mined Base Price shall not exceed the Base Price in effect during December, 1984 by more than five cents (5C) or (ii) forty-one cents (41.5). (d) During each month throughout the period beginning January 1, 1986, and ending December 31, 1986, the Base Price per one thousand (1,000) cubic feet of gas shall be the greater of (1) a price determined by multiplying the Base Price in effect during December, 1985, by the percentage change in the BPAC for 1985 over the BPAC for 1984, ana adding the result thereof to the Base :rice in effect during December, 1985, provided, however, such determined Base Price shall not exceed she Base Price in effect during December, 1985 by more than five cents (5C) or (ii) forty-three cents (43C). (e) During each month throughout the period beginning January 1, 1987, and ending December 31, 1987, the Base Price per one thousand (1,000) cubic feet of gas shall be the greater of (i) a price determined by multiplying the Base Price in effect during December, 1986, by the percentage change in the BPAC for 1986 over the BPAC for 1585, and adding the result thereof to the Base Price in effect during December, 1986, provided, however, such determineu Base Price shall not exceed the Base Price in effect during December, 1986 by more than five cents (5C) or (ii) forty-five cents (450. (f) During each month throughout the period beginning January 1, 1988 and ending December 31, 1988, Base 14 Price per one thousand (1,000) cubic feet of gas shall be the greater of (i) a price determined by multiplying the Base Price in effect during December, 1987, by the percentage change in the BPAC for 1987 over the BPAC for 1986, and adding the result thereof to the Base Price in effect during December, 1987, provided, however, such determined Base Price shall not exceed the Base Price in effect during December, 1987 by nore than five cents (5C) or (ii) forty-seven cents (470. (g) The formula for determining the BPAC is as follows: BPAC=A - B - ^+D The amounts applicable to the above formula are as reported to the Railroad Commission of Texas (or any corresponding reports to any subsequent or replacement Regulatory Authority) and are more fully described as follows: A - The "Total Operation and Maintenance Expenses" for Total Operations of both Lone Star Gas Company and Lone Star Gas Company of Texas, Inc. (for reference only, these amounts for 1982 are shown on line 43 of the pages titled "Gas Operating Revenues and Expenses" of Lone Star Gas Company's and Lone Star Gas Company of Texas, Inc.'s General Annual Reports for 1982 to the Railroad Commission of Texas which are hereby attached as Exhibits I and II). B = The "Purchased Gas Expenses" for Total Operations for Lone Star Gas Company (for reference only this amount for 1982 is shown on line 34 of the attached Exhibit I). C The "Revenues from Transportation of Gas of Others" for Total operations for Lone Star Gas Company of Texas, Inc. (for reference only this amount for 1932 is shown on line 20 of the attached Exhibit II). D = The "Total Net Utility Plant" for Lone Star Gas Company and Lone Star Gas Company of Texas, Inc. (for reference only these amounts for 1982 are shown on line 20 on the pages titled "Ealance Sheet" of Lone Star Gas Company's and Lone Star Cas Company of Texas, Inc.'s. 15 General Annual Reports for 1482 to the Railroad Commission of Texas which such pages are hereby attached as Exhibits III and 1V). (h) Seller, to encourage Buyer to purchase additional quantities of gas hereunder may, at its sole option, reduce the Base Price as otherwise established herein for gas to be delivered to Buyer during any month of any Calendar Year of the term hereof by giving notice to Buyer of such Base Price reduction on or before the fifth (5th) working day prior to the beginning of such month. The Base Price reduction will only apply to gas purchased hereunder at Buyer's Plants, exclusive of gas transpotted under that said Gas Transfer Agreement during such month. in excess of a Base Volume for any such month as such Base Volume is established in writing by Seller. Seller's establishment of a Base Volumc shall be at Seller's sole discretion and shall accompany such aforementioned notice of a Base Price reduction. (i) If Seller gives Buyer notice that it elects to reduce the Base Price for any month as provided in the preceding subparagraph (h), then the Base Price as established by Seller shall be an amount lower than the Base Price as otherwise provided her?in in effect for such month, but not less than twenty-five cents (25c) per one thousand (1,000) cubic feet. If for any month Eeller does not give notice to Buyer that it has reduced the Base Price as provided in the preceding subparagraph (h), then all volumes purchased during such months shall be 16 paid for at the price as otherwise provided in this agreement as though such Base Price reduction had never occurred. Nothing herein, however, shall prevent Seller and Buyer from mutually agreeing in writing to reduce the Base Price as provided herein for such gas in excess of the Base Volumes at any time subsequent to the fifth (5th) working day prior to the beginning of any .month for gas that is to be delivered to Buyer during said month. (j) Notwithstanding anything to tha contrary contained herein, any reduced Base Price as determined in subparagraphs (h) and (i) of this paragraph (2) shall not apply to the determination of the Base Price as set forth in subparagraphs (a) through (f) of this paragraph (2) and the Base Price that would otherwise be in effect in lieu of the aforementioned reduced Base Price shall be utilized in the determination of the. Base Price as sat forth in subparagraphs (a) through (f) of this paragraph (2). (3) For the purpose of this agreement, the terse "Weighted Average Price" of gas purchased by Seller shall mean the weighted average price per one thousand (1,000) cubic feet of all gas purchased by Seller during any month, computed to the nearest one-hundredth of one cent, and shall be determined by dividing the total dollar amount paid or accrued on Seller's books for all gas purchased by Seller during such month by the total number of thousands of cubic feet of gas purchased by Seller during such month, adjusted to the same pressure base as gas sold hereunder, and shall in,lude, in addition to the cost of the gas itself, all Class A Taxes, as hereinafter defined in Article 17 VIII hereof; provided, that if any portion of the cost of gas accrued on Seller's books during any month is not paid by Seller to the party or parties entitled thereto because of the fact that such accrual is canceled, or if any portion of the cost of gas or of any Class A Tax which has been paid by Seller is refunded to Seller, or if Seller is required by the terms of any gas purchase contract, or of any agreed settlement of a disputed claim, or by a determination or judgment of a regulatory body or court having or asserting jurisdiction, to make retroactive payments with respect to gas previously purchased by Seller, then appropriate adjustments to compensate therefore shall be made in the price payablr, for sales gas delivered by Seller to Buyer hereunder as soon as practicable after the time of such cancellation, refund or retroactive payment, provided, that the period during which such adjustments are to be made shall to determined by Seller subject only to the condition that the same shall be made within a reasonable period of time taking into consideration r;ie total amount of any such cancellation, refund or retroactive payment, but no adjustments as provided for herein shall be made after this agreement has terminated except with respect to items canceled, refunded or paid prior to the date of such termination. It is recognized that some of the gas delivered by Seller to Buyer hereunder during any month may be gas owned in place and produced by Seller or may be gas previously purchased or produced by Seller which is taken from one of its underground storage reservoirs, but such gas shall not be considered in determining the Weighted Average Price of gas purchased by Seller during such month; provided, however, that gas placed in storage by Seller for later delivery to Buyer or other customers of Seller shall be accounted for as gas purchased during the month in which it was actually purchased. 18 (4) Buyer shall pay Seller for the exchange services hereunder each Billing Month an amount per one thousand (1,000) cubic feet of exchange gas delivered to Buyer hereunder as follows: (a) From the effective date hereof through December 31, 1983 an amount equal to thirty cents (30c)• (b) During each month throughout the period beginning January 1, 1984 and ending December 31, 1984, the exchange fee shall be determined by multiplying the exchange fee in effect during December, 1983 by the ratio of the Base Price as determined in Paragraph , subparagraph (b) of this Article to the Base Price as determined in Paragraph (2), subparagraph (a) of this I Article. (c) During each month throughout the period beginning January 1, 1985 and ending December 31, 1985, the exchange fee shall be determined by multiplying the exchange fee in effect during December, 1984 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (c) of this Article to the Base Price as determined in Paragraph (2), subparagraph (b) of this Article. (d) During each month throughout the period beginning January 1, 1986 and ending December 31, 1986, the exchange fee shall be determined by multiplying the exchange fee in effect during December, 1985 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (d) of this Article to the Base Price as 19 determined in Paragraph (2), subparagraph (c) of this Artic', a. (e) During each month throughout the period beginning January 1, 1987 and ending December 319 1987, the exchange fee shall be determined by multiplying the exchange fee in effect during December, 1986 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (e) of this Article to the Base Pric- as determined in Paragraph (2), subparagraph (d) of this Article. (f) During each month throughout the period beginning January 1, 1988 and ending December 31, 1988, the exchange fee shall be determined by multiplying the exchange fee in effect during December, 1987 by the ratio of the Base Price as determined in Paragraph (2), subparagraph (f) of this Article to the Base Price as determined in Paragraph (2), subparagraph (e) of this Article. ARTICLE VII ADJUSTMENT FOR HEATING VALUE: If the weighted average heating value of the gas delivered by Seller to Buyer during any month is less than one thousand (L,000) British Thermal Units per cubic foot, the exchange fee and the price payable by Buyer per one thousand (1,000) cubic feet of gas computed as provided in Article VI hereof shall be decreased one-tenth of one percent (0.1%) for each British Thermal Unit below one thousand (1,000) British Thermal Units per cubic foot; and if the weighted average heating value of the gas so delivered during any 20 month is more than one thousand (1,000) British Thermal Units per cubic foot, the exchange fee and the price payable by Buyer per one thousand (1,000) cubic feet of gas computed as provided in Article VI hereof shall be increased one-tenth of one percent (0.1X) for each British Thermal Unit above one thousand (1,000) British Thermal Units per cubic foot for such gas so delivered during such month. ARTICLE VIII REIMBURSEMLST FOR TAXES AND RENTALS: (1) The term "tax" or "taxes," as used in this agreement, shall wear, any kind or character of tax (other than ad valorem, capital stock, general property, income or excess profits taxes), license, fee, rental or charge, including specifically, without limitation by enumeration, any production, severance, gathering, exchenge, transportation, processing, compression, dedication, use, sales, delivery or gross receipts tax, now or hereafter lawfully levied, assessed or made by any governmental authority on the gas itself or on the act, right or privilege of production, severance, gathering, exchange, transportation, processing, compression, dedication, use, sale or delivery of gas which is measured by gross receipts or by the volume, value or sales price to Seller or Buyer of the gas in question, but shall not include any value attributable to the liquid hydrocarbons in said gas; provided, however, that the term "tax" or "taxes" shall not be deemed to include any general franchise tax imposed on corporations on account of their corporate existence or on their right to do business within the state as a foreign corporation. (2) The terns "Class A Taxes", "Class R Taxes", and "Class C Taxes", as used in this agreement, shall have the following meanings, to wit: (a) The term "Class A Taxes" shall be construed to mean 21 all taxes, as li~rcin defined, which Seller pays for the account of or by way of reimbursement to its gas suppliers with respect to all gas purchased by Seller. (b) The term "Class B Taxes" shall be construed to mean all taxes, as herein defined, which are or may be levied upon and/or paid by Seller with respect to the gas sold or exchanged by Seller to Buyer hereunder, exclusive of any Class A Taxes or Class C Taxes. (c) The term "Class C Taxes" shall be construed to mean any license, fee, rental or charge which is or may be levied or imposed on Seller by any governmental authority for the use of its public streets, alleys and thoroughfares in the conduct of Seller's business, with respect to the gas sold or exchanged by Seller to Buyer hereunder and/or the gross receipts received by Seller from the sale or exchange of gas to Buyer hereunder, or any sales or delivery tax which is or may be levied or imposed on and/or paid by Seller, with respect to the gas sold or exchanged by Seller to Buyer hereunder and/or the gloss receipts received by Seller from the sale or exchange of gas to Buyer hereunder. (3) All Class A Taxes shall be included, in addition to the cost of the gas itself, in computing the Weighted Average Price of all gas purchased by Seller, in accordance with the provisions of Article VI hereof. Buyer agrees to reimburse Seller, with respect to Class B Taxes and Class C Taxes as herein defined, for the full amount of Class B Taxes and Class C Taxes which are or may be levied upon and/or paid by Seller, with respect to 22 the gas sold or exchanged by Seller to Buyer hereunder incliding any billirg for deficient volumes as set forth in Article II hereunder. (4) It is understood and agreed that the amount of reimbursement for any existing, new, or additional Class B Taxes and/or Class C Taxes, or any increase in Class B Taxes and/or Class C taxes, shall be determined by applying the rate, or the increase in the rate, of any such tax measured by gross receipts, units of volume, value or sales price to Seller's gross receipts hereunder or to the volume, value or sales price, respectively, of the gas delivered hereunder; provided, that in the event such increase cannot be directly related to the gas delivered hereunder or the gross receipts received by Seller, as hereinabove provided, the amount of reimbursement to Seller shall be the same propor;'on to the volume of gas Bold hereunder as the total amount of such increase is to the total volume of gas sold by Seller. (5) It is understood and agreed that in the event any tax, charge or rental for which Seller has been reimbursed or paid by Buyer hereunder is subsequently declared unlawful, Seller, upon recovery of the amount of such unlawful tax, charge or rental, shall refund to Buyer the entire amount of such reimbttirsement or payment made by Buyer to Seller which is so recovered by Seller; provided, however, that Seller shall not be required to make a refund to Buyer with respect to any amount so recovered two years after this agreement has terminated. (6) Any amounts due from Buyer to Seder as reimbursement for taxes, charges o• rentals, in accordance with the provisions of this Article, shall be paid by Buyer to Seller at the tire and in the manner that bills for gas delivered hereunder are payable, as provided in Article IX hereof. 23 I ARTICLE IX PAYMENT: (1) For the purpose of billing and accounting for gas delivered and exchanged hereunder, Lhe day shall begin at twelve o'clock (12:00) midnight and extend to the next twelve o'clock (12:00) midnight, and the month (herein sometimes called the "Billing Month") shall begin at twelve o'clock (12:00) midnight on the last day of the calendar month and extend to twelve o'clock (12:00) midnight on the last day of the following calendar month; provided, however, that in Seller's determination of the Weighted Average Price for the Billing Month, or for any month, Seller will use its normal fiscal month calculations, and nothing herein shall be construed so as to require Seller to change such procedure. (2) Each party shall read all meters daily at eight o'clock (8:00) a.m. as nearly as practicable, and Seiler shall report to Buyer the results of such meter readings. (3) On or before the tenth (10th) day of each calendar month, Seller shall render to Buyer at its office in Denton, Texas, statements of the amount of gas delivered hereunder by Seller to Buyer at each point of delivery during the preceding Billing Month, and shall also render a bill for the gas so delivered. In computing such bill for gas sold hereunder Seller shall, in the event that Seller has not completed thn determination of the Weighted Average Price of gas purchased by Seller for such Billing Month, compute such bill using its best estimate of the "Weighted Average Price"; provided, however, that the bill for the Billing Month next following the Billing Month for which such estimate is employed shall be adjusted upward or downward by an amount which, if adde6 or subtracted, as appropriate, to or from the amount of the bill for the Billing Month for which such estimate was 24 employed, would yield and equal the amount that would have been billed Buyer had the actual Weighted Average Price been used in computing such bill. On or before the twentieth (20th) day of each calendar month Buyer shall make payment to Seller at Seller's office in Denton, Texas, for all gas delivered hereunder to Buyer during the preceding Billing Month. (4) If for any Calendar Year the actual emounts necessary to determine the BPAC used in any Calendar Year's Base Price calculations hereunder are not available prior to the preparation of Buyer's billing for the January and/or February billing months for such Calendar Year, Seller shall estimate such amounts, use such estimates in determining the BPAC, and use the resulting estimated Base Price and Exchange fee in such billings. Once the actual amounts necessary to determine the BPAC used in any Calendar Year's Base Price calculations hereunder are available, the next subsequent billing for sales and exchange hereunder shall be adjusted upward or downward by an amount which, if added or subtracted, as appropriate, to or from the bill(s) for such billing month(s) for which an estimated Base Price and Exchange fee was used, would yield the billing amount(s) that would have been billed Buyer had the actual amounts applicable to the BPAC been used. (5) If Buyer shoull fail to pay any amount owing to Seller when the same is due, interest thereon shall accrue at the rate of eighteen per cent (187) per annuca from the date when such amount is due until same is paid. If such failure to pay continues for sixty (60) days, Seller may, in the absence of any bona fide dispute as to the amount or the time when same was due, suspend deliveries if gas hereunder, and the exercise of such right shall be in addition to any and all other remedies available to Seller. 25 (6) Each party shall have, during the term of this agreement and the two (2) year period immediately following its termination, toe right at reasonable hours to examine the books, records and charts of the other party to the extent necessary to verify the accuracy of any statement, payment, calculation or determination made pursuant to the provisions of any Article hereof. If any such examination shall reveal, or if either party shall discover any error or inaccuracy in its own or the other party's statements, payments, calculations or determinations, then proper adjustments and correction shall be mide as promftly as practicable thereafter; provided, however, that no adjustment or correction shall be made with respect to any error or inaccuracy which occurred more than two (2) years prior to the i discovery thereof. ARTICLE X TERM: (1) Subject to the other terms and provisions hereof, this agreement shall be effective from twelve o'one (12:01) a.m. central standard time on the first day of the calendar month immediately following the execution of this agreement and shall thereafter continue and remain in full force and effect for a period and term extending to twelve o'clock (12:00) midnight on December 31, 1988. (2) Prior to October 1, 1987, Buyer shall submit to Seller a description of the gas supply services, if any, Buyer may desire for the five (5) year period beginning January 1, 1989, through December 31, 1993. Upon receipt of such description, Seller will proceed to evaluate the nature and extent of services, and Seller shall submit a proposal including price provisions to Buyer of such services prior to December 31, 1987. Prior to March 31, 1988, the parties will proceed to formalize the terms and 26 conditions under which such services, if any, will be provided. Upon written acceptance of Seller's proposal to Buyer or written mutual agreement to different provisions, this agreement will continue for the five (5) year period beginning January 1, 1989 through December 31, 1993. If the parties cannot agree in writing on the proposed or amended terms and conditions of such services by March 31, 1988, then this agreement shall terminate on December 31, 1988. ARTICLE xI FORCE MAJ£URE: (1) In the event of either party hereto being rendered unable wholly or in part by force majeure to carry out its obligations under this agreement, other than to make payments due hereunder, it is agreed that on such party giving notice and full particulars -)f such force majeure in writing to the other party as soon as possible after the occurrence of the cause relied on, then the obligations of the party giving such notice, so for as they are affected by such force majeure, shall be suspended from the inception and during the continuance of any inability so caused but for no longer period, and such cause shall be as far as possible remedied with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of the governments and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, the necessity for making repairs to or alterations of machinery, equipment or lines of pipe, breakage of transmission lines, failure of electric equipment due to sleet, ice or other unavoidable causes, accidents to or failures of electric substations, 27 transformers or switching devices, shortage of water, freezing of gas wells or lines of pipe, partial or entire failure of wells and/or sources of gas supply and any other causes, whether of the kind herein enumerated or otherwise not within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. (2) It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE XII CURTAILMENT OF DELIVERIES: (I) Seller does not guarantee a continuous, uninterrupted supply of gas to Buyer hereunder, and Seller reserves the right, subject to the limitations hereinafter set forth in Paragraph (2) of this Article, to curtail or discontinue the supply of gas hereunder, if in the judgment of Seller a continuance of the supply of gas to Buyer under this agreement would jeopardize or threaten adequate service to Seller's domestic, commercial or industrial customers who are accorded by Seller a higher priority of service; provided, howe%er, such judgment shall not be arbitrarily or capriciously exercised. (2) Buyer and Seller recognize the fact that each is engaged in rendering a service which is essential to the public health and safety and both consider the continuity of Buyer's fuel supply essential to the public welfare; that each serves domestic, commercial and industrial customers and 28 that in many cases, use of gas by Seller's domestic, commercial and industrial customers is dependent on Buyer's ability to render continuous electric service; therefore, Buyer agrees that it will provide s reasonable quantity of standby fuel and equipment to meet its fuel requirements during periods when the gas supply hereunder may be curtailed or interrupted, and Seller agrees to exercise due diligence in making reasonable advance preparations to enable it to provide reasonably continuous service to Buyer. As soon as reasonably possible after Seller has knowledge of a pending curtailment of service to Buyer, Seller will notify Buyer of such curtailment. (3) If during any Calendar Year or Years of the term hereof Seller curtails or discontinu-1, for any reason, the supply of gas to Buyer hereunder to the extant that Seller does not supply ninety percent (90X) or mete of the Buyer's Z',iel Requirements hereunder during any such Calendar Year, up to but not in excess of Buyer's Estimated Annual Fuel Requirements for any such Calendar Year due to such curtailments or discontinuances, then Buyer may elect to cancel this agreement by giving notice of intention to :ancel as hereinafter provided in this paragraph. In the event Buyer should have and exercise the right to cancel this agreement, written notice of such election to cancel shall be given to Seller by Buyer within six (6) months after the end of the Calendar Year during which such curtailment occurred, and such cancellation shall become effective at the end of two (2) years from and after the date of such notice. (4) Before the second billing period subsequent to any curtailment of gas deliveries by Seller, Buyer shall notify Seller in writing regarding the amount of gas which was actually curtailed for any reason, including force majeure, and the details of th. computation of such amount, provided 29 that all notices for curtailments of gas occurring in any Calendar Year must be sent within five (5) days after the end of such Calendar Year. Buyer's determination of the amount of such curtailment shall become final and binding on both parties unless protested in writing by Seller within twenty (20) days after receipt by Seller of such notification. Should Seller so protest Buyer's determination, Buyer shall submit to Seller sufficient information as requested by Seller to substantiate such a determination. (5) In case of interruption or curtailment of service, as provided for in this Article, including curtailment by reason of force maj~ure as defined irk Article XI hereof, the amount by which Buyer's Fuel Requirements, up to but not in excess of its Estimated Annual Fuel Requirements, are curtailed during any Calendar Year, shall, for the purpose of determining whether Buyer has complied with its Minimum Volume obligation pursuant to Article IT hereof, be added to the amount of sales gas actually purchased and received by Buyer during such Calendar Year; provided, however, interruption or discontinuance of any exchange deliveries hereunder shall not be included in the aforesaid determination of any credit applicable to Buyer's Minimum Volume obligation hereunder. (6) Buyer and Seller recognize the fact that Buyer requires six hundred thousand (600,000) cubic feet of gas each day for plant protection gas, and Buyer and Seller agree that during periods of curtailment Buyer shall be allowed to take six hundred thousand (600,000) cubic feet per day for plant protection gas; provided, however, that Buyer shall not be allowed to take such gas during periods of time in which it is necessary for Seller to curtail the supply of gas to other industrial customers of Seller in the same curtailment zone in which Buyer's Plants are located who are accorded by Seller a priority of service equal to that provided in Railroad Commission of 30 Texas Gas Utilities Docket No. 496 for service to "(2). Large commercial (100 MCF or more on a peak day) and industrial requirements for pilot lights and plant protection gas" under category "B. Industrial Rate 1." ARTICLE XIII EXCHANGE: (1) It is recognized that from time to time Buyer may desire for Seller, by way of a simultaneous daily exchange, to receive and redeliver volumes of gas purchased by Buyer from another party or parties to cover a portion of Buyer's Fuel Requirements and Seller agrees to receive and redeliver volumes of exchange gas in accordance with all of the terms and provisions hereof. (2) Seller agrees to exchange, during any Calendar Year of the term hereof, a volume of gas not to exceed thirty percent (30X) of Buyer's Estimated Annual Fuel Requirements as provided in Article II herein for such Calendar Year. Seller's obligation to deliver exchange gas hereunder to Buyer shall in no event increase Seller's total delivery obligation to Buyer on an annual, daily or hourly basis as provided io Article 11 of this agreement. (3) Notwithstanding anything to the contrary contained herein, Seller's obligation to exchange gas hereunder is subject to Seller's existing or future pipeline capacity, system transmissibility and operating capabilities; and Seller may refuse to exchange gas hereunder if in the reasonable opinion of Seller to do so would adversely affect Seller's service to its customers or the conduct of its utility business. (4) It is recognized that a day-to-day balance of exchange gas received by Seller and delivered to Buyer may not be possible due to the inability of the parties to control precisely such receipts or deliveries. 31 However, Seller, to the extent practicable, will deliver to Buyer each dey a quantity of exchange gas equivalent (in terms of Millions of British Thermal Units) to the quantity received from Buyer (or its designee) that day. Imbalances shall be corrected insofar as practicable during the month following the month in which they occur; provided, however, either party may restrict its delivery of gas to the other Fatty on a daily basis to match the quantities of gas delivered by the other party on such day. (5) Gas to be delivered to Seller by or for the account of Buyer shall be delivered at point(s) of receipt which shall be mutually agreed to in writing by the parties. Seller's obligation to exchange gas hereunder is subject to the parties' aforesaid written mutual agree,,-. t to the points of receipt including the volumes, rates of delivery and allocation of volumes among other parties' gas (if necessary) relating thereto. (6) If eny points of receipt are mutually agreed upon, Buyer shall commence, or cause to be commenced, procedure for the construction of the necessary pipeline taps and related pipeline facilities required for it to make delivery of gas hereunder to Seller at the agreed upon point(s) of receipt and to complete, or cause to be completed, such facilities with due diligence, and Seller shall commence, or caused to be coauaenced, procedure for the construction of the necessary pipeline, measurement and related facilities required for it to receive gas hereunder from Buyer or its agent at such point(s) c.f receipt and to complete, or cause to be completed, such facilities with due diligence. Upon the completion of the pipeline and measurement facilities required herein, the respective facilities of each party will be connected with the facilities of the other and the delivery and reception of gas shall commence as provided herein. Title to and ownership of the gas delivered shall pass to and absolutely vest in the party receiving 32 such gas. Buyer agrees to reimburse Seller, within twenty (20) days of invoicing by Seller for the cost of installing or having installed, the necessary taps, measurement and related facilities required hereunder at mutually agreed upon point(s) of receipt; provided, however, the title to such facilities shall vest in Seller. Seller shall operate and maintain said measurement and receipt facilities at the points of receipt. (7) It is recognized that the facilities for delivery of exchange ga3 by Seller to Buyer are in existence at Buyer's plants covered hereunder. (8) The measurement of gas exchanged hereunder at the points of receipt and delivery shall be in accordance with the terms of Article V of this agreement. (9) The exchange of gas hereunder is based on the British Thermal Unit heat content of one thousand (10000) British Thermal Units per cubic foot of gas. Therefore, if the weighted average heating value of any gas delivered by one party to the other during any month should be more or less than one thousand (1,000) British Thermal Units per cubic foot of gas, then the volume so delivered shall be adjusted by calculation to a base of one thousand (1,000) British Thermal Units per cubic foot of gas. (10) Each party warrants to the other that its or its agent's facilities utilized for the delivery and acceptance of gas hereunder are wholly intrastate facilities and are not subject to the Natural Gas Act of 1938, as heretofore amended. As a material representation, without which both parties would not have been willing to execute this agreement, each party warrants to the other party that it will take no action or commit an act of omission which will subject its facilities, this transaction, or the other party's facilities, to the jurisdiction of the Federal Energy Regulatory Ccmmission or its successor g.ivernmental agency under the terms of 33 the Natural Gas Act of 1938, as amended. The gas delivered and accepted hereunder shall not have been nor shall be sold, transported or otherwise utilized in interstate commerce in a manner which will subject either party to the terms of the Natural Gar r.ct of 1938, as amended. In addition to and without excluding any remedy thu aggrieved party may have at law or in equity, the party who breaches the abure warranties and representations shall be liable to the aggrieved party for all damages, injury and reasonable expense the aggrieved party may sustain by reason of any breach hereof. (11) The gas delivered to Seller hereunder at any point(s) of receipt shall meet those quality specifications set forth in Article III of this agreement. Natural gas delivered to Seller by Buyer or Buyer's agent shall have an interchangeability range within plus or minus five parcent (5z) of the interchangeability of the gas then being transported in facilities at the point(s) of receipt applicable hereunder. Interchangeability, as defined for the purpose of this agreement, shall br. determined by the daily average heating value content of one thousand (1,000) cubic feet of gas expressed in British Thermal Units divided by the square root of the daily average specific gravity of the gas. If at any time the gas fails to meet the quality specifications enumerated herein, Seller shall notify Buyer and Buyer shall immediately correct such failure. (12) Euyer, or its agent, shall deliver gas to Seller at the point(s) of receipt at pressures sufficient to enter Sellers facilities at such point(s). (13) The points of delivery to Buyer for exchange gds hereunder shall be at Buyer's Plants covered hereunder which are outside corporate limits and served directly from Seller's Transmission Division facilities. 34 The parties may, from time to time, mutually agree to establish other points of delivery to Buyer for the exchange of gas hereunder. (14) For the purpose of determining the quantity of gas exchanged and sold hereunder during any Billing Month, it is agreed that the accumulated daily volumes of gas received by Seller from Buyer or its agent at the receipt points will be considered to be the volumes of gas redelivered to Buyer hereunder as exchange gas and such quantity shall be subtracted from the total quantity of gas delivered by Seller to Buyer's Plants hereunder during such Billing Month in determining the quantity of gas sold under this contract. (15) The exchange volumes delivered to Buyer hereunder shall not apply towa.d Buyer's minimum purchase obligation as set forth in Article II of this contract. ARTICLE XIV REGULATORY BODIES: (1) This agreement and all operations hereunder are subject to the applicable federal and state laws and the applicable ordinances, orders, rules and regulations of any local, state or federal governmental authority having or asserting jurisdiction; but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction in the premises. (2) In the event either Buyer or Seller shall be requ'red by a judgement or order of any governmental authority having asserting jurisdiction to either pay or charge prices for gas sold or exchanged by Seller to Buyer hereunder which are higher or lower than the prices stipulated or provided for herein with respect to gas sold or exchanged by 35 Seller to Buyer hereunder, the party adversely affected shall have the option of cancelling this agreement by giving the other party written notice of its intention to do so within six (6) nonths after the date of such judgement or order, which cancellation shall become effective at the end of one (1) year from and after the date of such notice. ARTICLE XV TEMINATION PRIVILEGES: (1) If either party hereto shall fail to perform any of the covenants or obligations imposed upon it under and by virtue of this agreement (except where such failure shall be excused vader any of the provisions of this agreement), then in such event the other party may, at its option, terminate this agreement by proceeding as follows: The party not in default shall cause a written notice to be served on the party in default, stating specifically the cause for terminating this agreement and declaring it to be the intention of the party giving the notice to terminate the same; whereupon the party in default shall have thirty (30) days after the service of the aforesaid notice in which to remedy or remove the cause or causes of default stated in the notice of termination, and if within said period of thirty (30) days the party in default does so remedy and remove said cause or causes, then such notice shall be nullified and this agreement shall continue in full force and effect. In case the party in default does not so remedy and remove the cause or causes of default within said period of thirty (30) days, then this agreement shall terminate (become null and void) upon the expiration of said period. (2) If the average price per one thousand (1,000) cubic feet of gas paid by Buyer under this agreement for gas over each month of six (5) consecutive months exceeds by more than tiventy percent (20X), the average of 36 the monthly price on a Million British Thermal Units basis of No. 6 fuel oil, 0.71 sulphur, Estimated U.S. Gulf Coast spot, as determined from Platt's Oil;ram, over the same period of six (6) months, then Buyer may, within thirty (30) days following such six (6) consecutive month period at its sole discretion, elect to terminate this agreement by giving Seller six (6) mouths' written notice of the termination. (3) Neither Buyer nor Seller shall have any right to any damages against the other for termination of this agreement or termination of gas service under any provisions contained herein, and should Buyer obtain from any court, administrative or regulatory authority, an order directing Seller to continue gas service after Seller's termination of this agreement or Seller's termination of gas service, under any provision contained herein, such service shall be at a price mutually agreeable between Buyer and Seller. (4) Any termination or cancellation of this contract under any provisions contained herein shall be without prejudice to the right of the party not in default to collect any amounts due it and without waiver of any other penalty to which the party not ir default may be entitled for violation of this agreement. ARTICLE XVI GENERAL: (1) Warranty: Each party hereto warrants the title to the gas delivered hereunder, its right to sell same, and that same is free from all liens and adverse cJaims. (2) Right-of-Way: Buyer hereby grants to Seller the right to lay and maintain pipelines and install metering stations and other necessary equipment on Buyer's Plant sites, as provided for in Article IV hereof, only for the purpose of supplying gas hereunder, and such lines and other 37 Exhibit A 'VDf. 1177Pb,E1L'8 TRACT ONE FIELD NOTES TO 114.9165 ACRES IN G. WALKER SURVEY, AB. 1330, DENTON COUNTY, TEXAS. Ail that certain tract or parcel of land situated in the G. Walker Survey, Ab. 1,130, Denton County, Texas, being part of that certain 82.62 acre First Tract and part of that certain 42.5 Second Tract in a deed from I. E. Edwards et ux to E.I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, plus part of a 15 acre tract deeded by A.R. Durham et ux to W.A. Edwards on April 11, 1890, recorded in Volume 45, Page 38, Deed Records of said County, and being more fully described as follows; BEGINNING at a fence corner at the Southeast corner of said 82.62 acre tract on the East line of the 219 acre Lot 6 of John R. Henry Subdivision of said G. Walker Survey at a point 1594.4 feet North of the Southeast corner of said Lot 6; THENCE N. 87° ll' 36" W. with a fence 2405.17 feet t, an axle; THENCE N. 1° 41' 08" E. along and nL:r a fence 541.96 feet to a fence corner; THENCE N. 87° 37' 54" W. with a fence and a crossing the West line of said 219 acre tract at the Southeast corner of said 15 acre tract 831.02 feet to the South- west corner of 15 acres and the Southeast corner of said 42.5 acre tract; THENCE If. 88° 15' 45" W. with a fence 792.29 feet to a fence corner at the Southeast corner of a 4.001 acre tract; THENCE N. 1° 09' 20" E. with a fence 1058.77 feet to a steel pin; THENCE S. 88° 00' 30" E. 110.0 feet to a steel pin; THENCE N. 1° 09' 20" E. 250.0 feet to a corner in the middle of a public road; . THENCE S. 88° 00' 30" E. with the middle of said road 63.0 feet to a corner; THENCE S. 1° 09' 20" W. 250.0 feet to a steel pin; THENCE S. 88° 00' 30" E. with a fence part of the way 970.99 feet to a fence corner; THENCE N. 1° 31' 41" E. with a fence 127.24 feet to a fence corner; THENCE S. 74° 05' 01" E. with a fence and crossing the East line of said 15 acre tract which is the West line of a 219 acre tract 2482.94 feet to a corner in Pecan Creek; THENCE down the middle of Pecan Creek with its meanders the following 9 courses and distances: (1) S. 86° 01' 24" E. 413.93 ft. (2) N. 74° 58' 49" E. 80.29 ft. (3) S. 68° 45' 03" L. 41.4E ft. (4) S. 9° 48' 50" W. 82.92 ft (5) S. 10° 02' 01" W. 74.50 ft. (6) S. 24° 19' 55" W. 55.15 ft. (7) S. 4° 10' 32" W. 62.13 ft. (8) S. 7° 15' 34" E. 130.39 ft. (9) S. 37° 29' 15" E. 26.28 ft. to a corner in said creek; THENCE S. 4° 11' 22" W. with a fence and the East boundary line of said 82.62 acre tract a distance of 744.55 feet to the Point of Beginning, containing 114.9165 acres of land. Exhibit A - page one Exhibit A 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) 42.5 acre Second Tract described in a deed from Ira E. Edwards to Earl I. Edwards on the 25th day of July, 1945, and recorded in Volume 316, Page 368, Deed Records of said County, and being more fully described as follows: BEGINNING at the Southeast corner of a (called) 0,501 acre tract described in a deed from F.arl I. Edwards, et ux, to W_" liam Warren Edwards, et ux, on the 24th day of Nbvember, 1971, and recorded in Volume 634, Page 169, Deed Records of Denton County, Texas; THENCE S. 1° 09' 20" W. a distance of 50.0 feet to a steel pin; THENCE N. 88° 00 30" W. a distance of 110.0 feet to a steel pin; THENCE N. 1° 09' 20" E. a distance of 50.0 feet to the Southwest corner of sa'd 0.501 acre tract; THENCE S. 88° 00' 10" E. with the South boundary line of said 0.501 acre tract a distance of 110.0 feet to the place of beginning, containing in all 0.126 acre of land. This conveyance is subject to the following: easements of record, visible and apparent easements. 'vm.1.17~~acE169 Exhibit A - page two 1177phGE170 F: I, P'2•10 V f~ C7 rA f..7 W MAlkof FWS COUNTY Of DEnluw COUNTY CLERK, Denton County, Tenas I hereby certify that this irrstrumer,t was filed on the Oate end time stamped hereon by me and was duty M Dorded In the volume and page of tha nam,d records of Denton County, Teras es stamp, d hereon by me. NOV22 198? A ~ ~o a COUNTY CM9. Denton Camp. Teen • a 531 North Locust Box 518 Denton Texas 76201 817 387 6148 n~f lb"~IFE TITLE Companyot Denton E(CV L~D ll ~2 9 1982 QTY Of DENTON LEGAL DEPT. November 23, 1982 City of Denton, Texas 215 E.HcKinney Denton, Texas 76201 Re: 114.916&.126ac.GYalker5 A1330 Denton County GF23504-21 Gentlemen, Enclosed herewith is your Owner's Title Insurance Policy. Your darranty deed has been file.i )r record, and will be returned to you. is have a special complete file :overing your property. For prompt, effici3nt and courteous handling of future title service, please feel free to call us. Ye truly your , '9 Harvey E. X est, Jr. Escrow Officer : Y LMIFE TITLE INSURANCE Ccxnoany of Dallas ' Owner Policy of Title Insurance OP 0 7 0 5 0 8 USLIFE Title Insurance Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE CO~rPANY, for value does hereby guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable in a grater 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 own cost defend the insured in every action or proceeding on any claim against, or right to the =state or interest in the land, 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 matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and Stipulations hereof. 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 the action or proceeding, and authority to defend, The Company shall not be liable until such adverse interest, claim, or 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 right 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 policy. To the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, 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 be served with process therein, nor have any knowledge thereof, nor 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 accr:nt of any warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the cl aT,acE.co,r land. The Company shall be liable under said warranty only by reason of defects, liens or r: ,4 encumbrances existing prior to or at the data hereof and not excluded either by the REAL a o exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the r amount of this c nlicy. ~f~!tE~S•sl^' IN WITNESS HEREOF, the USLIFE Title Insurance Company of Dallas has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. Prestdem 6 Chief rxfcvfive_o-fban An+a Senior Vice-P.a,denr. Sesnlery and Genael CoumW Valid Only If Schedule A. and 8 Are Attached With Authorized Signature Affixed On B. FORM Tt-100Tx (Pe Taq 25M4atM CONDITIONS AND STIPULATIONS 1. Definitions been sustained if the Insured were a purchaser for value The following terms when used in this policy mean: without knowledge; or the t omestead or community (a) "land": The land described, specifically or by reference, property or survivorship rights, if any, of any spouse in Schedule A, and improvements affixed thereto which of any Insured. by law constitute real property. (b) "public records": 1 hose records which impart construe- 3. Defense of Actions tive notice of matters relating to the land. (a) In all cases where this policy provides for the defense (c) "knowledge": Actual knowledge, not constructive of any action or proceeding, the Insured shall secure to knowledge, or notice which inay be imputed to the the Company the right to so provide defense in such Insured by rea: on of any public records. action or proceeding, and all appeals therein, and permit (d) "date": The effective date, including hour if specified. it to use, at its option, the name of the Insured for such (e) "insured": The Insured named inScheduleAand, subject purpose. Whenever requested by the Company, the to any rights 3r defenses the Company may have had Insured shall give the Company all reasonable aid in any against the named Insured or any person or entity who such action or proceeding, in effecting settlement, succeeds to the interest of such named Insured by securing evidence, obtaining witstesses, or defending operation of law as distinguished from purchase, any such action or proceeding. person or entity who succeeds to the interest of such (b) The Company shall have the right to select counsel of its named Insured by operation of law as distinguished own choice whenever it is required to defend any action or from purchase including but not limited to the following: proceeding, and such counsel shall have full control of (i) heirs, devisees, distributees, executors and said defense. administrators; (c) Any action taken by the Company for the defense of the (ii) the successors in interest to a corporation resulting Insured or to establish the title as insured, or both, shall from merger or consolidation or the distribution of not be construed as an admission of liability, and the the assets of such corporation upon partial or com- Company shall not thereby be held to concede liability plete liquidation; or waive any provision of this policy. {iii) the partnership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does (a) No claim shall arise or be maintainable under this not terminate; policy for liability voluntarily assumed by the Insured (iv) the successors in interest to a general or limited in settling any claim or suit without written consent of partnership resulting from the distribution of the the Company, assets of such general or limited partnership upon (b) All payments under thi, policy, except payments made partial or complete liquidation; for costs, attorney fees and expenses, shall reduce the (v) the successors in interest to a joint venture result- amount of the insurance pro tanto; and the amount of ing from the distribution of the assets of such joint this policy shall be reduced by any amount the Com- venture upon partial or complete liquidation; parry may pay under any policy insuring the validity or (vi) the successor or substitute trustee of a trustee priority of any lien excepted to herein or any instrument named in a written trust instrument; or hereafter executed by the Insured which is a charge or (vii) the successors in interest to a tnistee or trust re- lien on the land, andth:~ amountsopaidshall be deemed suiting from the distribution of all or part of the a payment to the Insured under this policy. assets of such trust to the ben:ficiaries thereof. (c) The Company shall have the option to pay or settle or 2. Exclusions from the Coverage of this Policy compromise for or in the name of the Insured any claim This policy does not insure against loss or damage by reason insured against by this policy, and such payment or of the following: tender of payment, together with all costs, attorney (a) The refusal of any person to purchase, lease or lend fees and expenses which the Company is obligated money on the land. hereunder to pay, shall terminate all liability of the Com- (b) Governmental rights of police power oreminent domain pany hereunder as to such claim. Further, the payment unless notice of the exercise of such rights appears in the or tender of payment of the full amount of this policy public records at the date hereof; and the consequences by the Company shall terminate all liability of the Com- ofanylaw, ordinanceorgovernmental regulation includ- pany under this policy. ing, but not limited to, building and zoning ordinances. (d) Whenever the Company shall have settled a claim under (c) Any titles or rights asserted by anyone including, but this policy, all right of subrogation shall vest in the not limited to, persons, corporations, governments or Company unaffected by any act of the Insured, and it other entities to tidelands, or lands comprising the shall be subrogated to and be entitled to all rights and shores or beds of navigable or perennial rivers and remedies of the Insured against any person or property streams, lakes, bays, gulfs or oceans, or to any land in respect to such claim. The Insured, if requested by the extending from the line of mean low tide to the line of Company, shall transfer to the Company all rights and vegetation, or to !ands beyond the line of the harbor or remedies against any person or property r- ;essary in bulkhead lines as established orchanged by anygovern- order to perfect such right of subrogation, and shall ment, or to filled-in lands, or artificial islands, or to permit the Company to use the name of the Insured in riparian rights, or the rights or interests of the State of any transaction or litigation involving such rights or Texas or the public generally in the area extending from remedies. the line of mean low tide to the line of vegetation or 5. Policy Entire Contract their right of access thereto, or right of easement along Any action, actions or rights of action that the Insured may and across the same, have, or may bring, against the Company, arising out r'the (d) Defects, liens, encumbrances, adverse cl~.ims against status of the title insured hereunder, must be based o- ne the title as insured or other matters (1) created, suffered, provisions of this policy, and all notices required to be given assumed or agreed to by the Insured at the date of this the Company, and any statement in writing required to be policy, or (2) known to the Insured at the date of this furnished the Company, shall be ad-Iressed to USLIFE Title policy unless disclosure thereof in writing by the Insured Insurance Company of Dallas, `301 Main Street, Dallas, shall have been made to the Company prior to the date Dallas County, Texas 75202. of this policy; or loss or damage which would not have 6. This policy Is not transferable. i 03 % SCHEDU' A Amount:$187,000.00 Owner Poticy No.: 0f~ ["76508 GF or File No.: 23504°21 HEFT Date of Policy: November 19, 1982 Name of Insured: City of Denton, Texas 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, leasehold, easement, etc. - identify or describe) 2. The land referred to in this policy is described as follows: * SEE ATTACHED FOR LEGAL DESCRIPTION USLIFE Tdt. Insurance company of Dallas / I301 Main si, Dallas. Taxes 75202 Valid only if Schedule B and Cover Page are attached FORM T7.100MAIREV. 7-00140WMiH Attaa-ed to end made a part of USLIFE TITLE INSURANCE Company of Dallas Policy. Binder or Commitment No. TRACT ONE: FIELD NOTES TO 114.9165 ACRES IN G. WALKER SURVEY, ABSTRACT 1330, DENTON COUnT Y, TEXAS. All that certain tract or parcel of land situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, Lein part of that certa:.n 82.62 acre First Tract and part of that certain 42.5 Second Tract in a deed from I.E. Edwards et ux to E.I. Edwards on July 25, 1945, recorded in Volume 316, Page 368, plus part of a 15 acre tract deeded by A.R. Durham et ux to W.A. Edwards on April 11, 1890, recorded in Volume 45, Page 38, Deed Records of said Co"ty, and being more fully described as follows: BEGINNING at a fence corner at the Southeast corner of said 82.62 acre tract on the East line of the 219 acre Lot 6 of John R. Henry Subdivision of said G. Walker Survey at a point 1594.4 feet North of the Southeast corner of said Lot 6; THENCE N.87 deg. It' 36" W. with a fence 2405.17 feet to an axle; THENCE N.1 deg. 41' 08" E. along and near a fence 541.96 feet to a fence corner; THENCE N.87 deg. 37' 54" W. with a fence and a crossing the West line of said 219 acre tract at the Southeast corner of said 15 acre tract 831.02 feet to the Southwest corner of 15 acres and the Southeast corner of said 42.5 acre tract; THENCE N.88 deg. 15' 45" W. with a fence 792.29 feet to a fence corner at the Southeast corner of a 4.001 acre tract; THENCE N.1 deg. 09' 20" E. with a fence 1058.77 feet to a steel pin; THENCE S.88 deg. 00' 30" E. 110.0 feet to a steel pin; THENCE N.1 deg. 09' 20" E. 250.0 feet to a corner in the middle of a public road; THENCE S.88 deg. 00' 30" E. with the middle of said road 63.0 meet to a corz:~; THENCE S.1 deg. 09' 20" W. 250.0 feet to a steel pin; THENCE S.88 deg. 00' 30" E. with a fence part of the way 970.99 feet to a fence corner; THENCE N.1 deg. 31' 41" E. with a fence 127.24 feet to a fence corner; THENCE S.74 deg. 05' 01" E. with a fence and crossing the East line of said 15 acre tract which is the West line of a 219 acre tract 2482.94 feet to a corner in Pecan Creek; THENCE dom the middle of Pecan Creek with its meanders the following 9 courses and distances: (1) S.86 deg. 01' 24" E. 413.93 feet. (2) N.74 deg. 58' 49" E. 80.29 feet (3) S.68 deg. 45' 03" E. 41.40 feeh (4) S.9 deg. 48' MI SC.S"S[11T lSMi31" AttacW to §nd made a part of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No 50" W. 82.92 feet 5 S.10 deg. 02' 01" W. 74.50 feet (6) S.24 deg. 19' 55" W. 55.15 feet 7 S.4 del. 10' 32" W. 62.13 feet (8) S.7 deg. 15' 34" E. 130.39 feet (9) S.37 deg. 29 15" E. 26.28 feet to a corner in said creek; THENCE S.4 deg. 11' 22" W. with a fence and the East boundary line of said 82.62 acre tract a distance of ;44.55 feet to the Point of Beginning, containing 114.9165 acres of land. TRACT TWO: All that certain tract or parcel of land situated in the Gieon Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 42.5 acre Second Tract described in a deed from Ira E. Edwards to Earl I. Edwards oa the 25th day of July, 1945, and recorded in Volume 316, Page 368, Deed Records of said Count;, and being more fully described as fo'lows: BEGINNING at the Southeast corner of a (called) 0.501 acre tract described in a deed from Earl I. Edwards, et uz, to William Warren Edwards, et ux, on the 24th day of November, 1971, and recorded in Volume 634, Page 169, Deed Records of Denton County, Texas; THENCE 3.1 deg. 09' 2C" W. a distance of 50.0 feet to a steel pin; THENCE N.88 deg. 00' 30" W. a distance of 110.0 feet to a steel pin; THENCE N.1 deg. 09' 20" E. a distance of 50.0 feet to the Southwest corner of said 0.501 acre tract; TY.ENCE S.88 deg. 00' 30" E. with the South boundary line of said 0.501 acre tract a distance of 110.0 feet to the place of beginning, containing in all 0.126 acre of land. M13C.SNSf RT es■u:" SCHEDULE B Owner Policy No.: 096508 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- %ured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this pollcy: 1. Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or bu.lndary fines, or any encroachments, or any overlapping of im- provements. 3. faxes for the year 1153 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownershipNot yet due and payable 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5• Easement dated January 20, 1945, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 316, Page 5, Deed Records of Denton County, Texas. 6. Easement dated December 17, 1,060, executed by Earl I. Edwards and wife, Ruth Edwards to the City of Denton, shown of record in Volume 464, Page 182, Deed Records of Denton County, Texas. 7. Easement dated February 6, 1964, executed by Earl Edwards and wife, Ruth Edwards to Texas Power and Light Company, shown of record in Volume 508, Page 216, Deed Records of Denton County, Texas. 8. Easement dated February 7, 1970, oxecute4 by Earl Edwards and wife, Ruth M. Edwards to Texas Power and Light Company, shown of record in Volume 601, Page 245, Deed Records of Denton County, Texas. 9. Sub ect to all rights arising under ane, by virtue that certain option to purchase a 0.427 acre tract, for a term of 10 years, as shown by instrument dated March 15, 1973, executed by Earl I. Edwards and wife, Ruth Edwards to Columbia Properties, Trustee, of record in Volume 669, Page 52, of the Deed Records of Denton County, Texas; said option assigned and transferred by instrument dated June 21, 1973, executed by Columbia Properties, Trustee to Albert K. H. Tung, Trustee, of record in Volume 678, Page 92, of the Deed Records of Denton County, Texas. 10. Easement dated November 11, 1981, executed by Earl Edwards and wife, Ruth Edwards to the City of Denton, shown of record in Volume 1111, Page 663, Deed Records of Denton County, Texas. 11. Any portion of the property herein described which falls within the boundaries of any road or roadway. 12. Visible and apparent easements on or across the property. Authorized Signatur USLIFE Titre Insurance company or Oatlas / 13o1 Arun St., Ulu. Taaaa ISM Valid only if Schedule A and Cover Page are attached FO°14 71-100TX-SIREV. 720) 35M611H ` s ~ ~ ~ a4 ~ ' ~ ~ U ~ ` ~ 9 ~ ` r.._ _.4 L3... ~•.rf2 ..c~:: i. a.~~aC1 "_.L': ia_`1 _,,.:ac.-211,1-_i`i4i. THE STATE OF TEXAS, I Iiu~01~ ALL 11E\ BY THESE PRF,SENT'~. COUNTY OF DENTON PFrnQDS 4 384 That 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 Ten and No/100 ($10.00)------------------- DOLLARS, to it in hand paid by Betty Ruth Davis Jackson and Joyce Davis Bishop 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 Betty Ruth Davis Jackson and Joyce Davis Bishop their heirs and assigns, all its right title and interest in and to that certain tract or par- r I cel of land lying in the County of Denton and State of Texas, described as follows, Ii to-Wit: All that certain lot, tract or parcel of land lying and being situated ii in the City and County of Denton, State of Texas, and being part of the ~I B.B.B. & C.R.R. Co. survey, Abst. No. 186, and also being part of a tract of land as conveyed by Davis Triangle Addition to the City of Denton by plat, recorded in Volume 4, Page 24 of the Plat Records of Denton County, Texas, and more particularly described as follows: i' ii Beginning at the Southwest corner of the Davis Triangle Addition, said point lying in t'..e East boundary line of a tract conveyed to Agnes L. Dean by deed recorded in Volume 734, page 716 of the deed records of Denton County, Texas, said point also being the Northwest corner of a tract dedicated to the City of Denton for Sanger Road right-of-way by Davis Triangle Addition plat; I Thence South 880 23' 48" East along the South boundary line of saidI j Davis Triangle same being the North right-of-way line of Sanger Road a +r distance of 131.51 feet to a point for a corner; ~j Thence Southwesterly along a curve a distance of 132.78 feet whose radius is 510.83 feet and chord of South 840 37' 20" West 132.35 fee-,:,- Thence North 10 480 05" East a distance of 16.11 feet to the place li of beginning and containing 0.034 acres of land more or less. ,i i j r f 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 Betty Ruth Davis and Joyce Davis Bishop { their heirs and assigns, forever, so that neither the said ij City of Denton, Texas, a Municipal Corporation, its successors or assigns j nor )bjdrj;=xany person or persons claiming under it shall, at any time hereafter, i have, claim or demand any right or title to the aforesaid premises or appurtenances, or any kart there- `i of. WITNESS my hand at Denton, Texas this g j day of November A. D. 10 82 f 'Wi nesses C quest of Grantor: CITY OF EN ON, c XAS I HARD O -ST J MA k { f,~ .y JEpL~TSF CFT=', SuCRETAR _ _ ~ • G~:z '~'ks•~,,,w,' ;ICI%.-':'.Lw}. Vltn > :0. ~.x„s~- ..w-:.;Qt..~o... r: ,.•+dG.. `..1-sa.. r'L s..~'.`.., ~ SINGLE ACKNOWLEDGMENT uo~119' 11.4 COUNTY OF DEN T ON BEFORE BIE, the undersigned authority, in and for said County, Texas, on this day personally arp,artd Richard 0. Stewart, Mayor of the City of Denton, Texas, a Municipal Corporation & officer Lnow-n to me to be the person /uhnse r,aa.e is subscribed to the foregoing instrument, and ac". nowt d,, -t: to me that he . executed the same for the purnoses and ccrsideration t' erei ez res". GIVEN UN ~t,• ° HAND AND FF..4I. OF OFFICE, This day of . NO.V 2.r D. 1982_... JEANETTE SCOrr (L.S.) K4.17h5cSUrctTnrr Et(i~~ (^1 ut c ~lhcmaim aEykalla A12.19!5 Notary Public, enton.. County, Texas My Comrnissio Expires June 1, 19.._. JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, i I BEFORE 111 F,, the undersigned authority, COUNTY OF in and for said County, Texas, on this day pcrronally Lppeared and _ his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowiedged to me that they each executwi the same for the purposes and crnsider:dion therein expressed, and the said. rife of the said having been examined by me privily and apart from her h ~f} j nd having *he same fully explained to her, she, the said acknowledged sarh instrument to be her act and deed and she declared that sLe had 3 yUj, signed t e same fo 'Iht )uIV ses and consideration therein expressed, and that she did not wish to retract it. " r t ~ ~e GIVEN UNDER 31Y HANp .a~Iy~CE n F ` ~O .is day oL.... A.D 19 6L dYr^a3uNolA c5 Public, County, Texas sa`•c"r~, atiliti 9af'Ve9rrdasion Expires June 1, . r. • t a 19...... Ry1Vfi ~~o iiWLEDG ~IENT THE STATE OF 1S` `r, V.0 1 ""utslvileva ~+'t;noa COUNTY OF ~r fir F* S ,k ti7J TdI uaG'~~]95~1 ItYtS BEFORE TIE, the undersigned authority, 4.0 W~tv +.t and for said County, Texas dk1k3> g rso alY appeared.... -o , wife of . knomr to me to be, the persoq a- ame is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . _ - acknowledged such instrument to be her act and dcea, and she declared that ahe had willingly signed the same for the purposc3 and consideration therein expressed, And that sl-e 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 lily 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 foregoing instrument of writing dated un the ...day of.......................................... A. D. 19 . , with its Certificate of Authentication, was filed for record in my office on the.... day oi__._..... . , A. D. 19__..... , at---- o'clock...... - I1I., and duly recorded this day of, A. D. 19........., at....... ,.......o'clock Al., in the .._.I............... ....Recr,rds of said County, in Volume.................. , on pages....,................ WITNESS MY HAND AND SEAL Or THE COUNTY COURT cf said County, at efRce in _ the day and year last above rcritten. County Clerk County, Texas. (L. S.) By. . Deputy. E z€ A A Q J w a c I A F4: Wi h`. Ar U. p E HE O; 7.N - ti W' rL .,y a 3 ;d i t t!T ~r, , t ; b ~ a V'n O O t 1 Qr N 2' OE A i. : +}~t31J 1lllf Qri 0 ' a t d ~ o U 21 o W Of Ui Wi U 3 ej a E+: : r~ i 1.J w 3 s t7 i ( d y W g o~ 113 t731I~ 1 a U~ rl1 `i i : $ E~~, MMZACT AcRErmd 9 0 5 3.--- B;D N0. , .,......f THIS CONTRACT AGREEMENT, made and entered into this_29 day of Nov. , by an nicen the CITY OF DEWON, TEXAS, party of the First Part an3 hereinafter called the "Owner'", and Clark Corporation, C.S. Alexander, President P.O. Box 517, Helena, AL. 35080 of the Second Part and hereinafter called the "Contractor'", ' irRTTVESSE'iH• THAT INEREAS, the Owner has caused to be prepared, in accordance -+ith law, specifications, plans and other contract documents for the work as herein specified, and MIEREAS, the said Contractor has submitted to the Owner a Proposal in 'actor ce with the terns of this Contract Agreement; and I*MRFA.S, the Owner, in the manner prescribed by lw4, has determined and ae Iared the aforesaid Contractor to be the lowest end best bidder for the said urork and has duly awarded to the said Contractor a contract therefor for the sum or sums named in the Contractor's Proposal, a copy thereof being attached to and made a part of this Contract Agreement; WI IBEREFORE, in consideration of the compensation to be aid to the Contractor and the mutual agreements herein contained, the parties to tthese presents have agreed and hereby agree, the Owner for itself and its E-successors, and the Contractor for itself, himself, or themselves, or its, f.his'or their successors and assigns, 'or its, his or their executors and administrators, as follows. ARTICLE I That the Contractor shall furnish fob, Denton, Texas, substations associated components complete as specified and required in accordance t with the provisicis of the contract. documents which are attached and made a 'part hereof, and shall execute and corrrlace all work included in and covered by the Owner's official award of i'nis Contract Agreement to the said Contractor. 'ARTICLE II. That the Owr.-r shall pay to the Contractor .for the work and EZ-teri s embraced iii this Contract Agreement, and the Contractor idill accept as full compensation therefor, the sum of one hundred sixty eight thousand five hundred seventy four dollars for all work covered by and included in the contract award, designated in the foregoing Article I; payment to be made in cash or its equivalent -in the manner provided in the specifications attached hereto. CA-1 . ARTICLE III. That time of completion is of the essence of the Contract Agreement, and that the Contractor shall proceed with the specified work and shall conform to the following schedule: (Guaranteed delivery date as shown in proposal data) IN WITNESS WHEREOF, the pirties hereto have executed this Contract Agreement as of the day and ye'ar first above written. CITY DE , TEXAS (SEAL) B C. Chr, a }~artung, City Ma er ATTEST (SEAL) BY C.S. A der, P pidqZff ATTEST * # dlr * * * ~t vF ,t * * it ~F * tF it it it ~r * !r .4 k * # The foregoing Contract Agreement is in correct form according to law and is hereby approved. Attorney for r CA-2 PERPOINWWINCE rmn . #400GE61I2• }~T'O[f ALL bQaI BY Illt'~Ir PI' -'E fS that we, Clark Corporation, P. 0. Box 577, Helena, Alabama 35080 hereinafter reforred to as "Contractor", and The St. Paul Fire & Marine Insurance Company a corporation organized under the laws of the State of Minnesota and authorized to tlwisact business iii the State of Texas, is "Surety". and held and firmly bound unto the MY OF Dl:MWO\', TUNS hereinafter referred to. as I'Mer", in the penal sum of one Hundred Sixty Eight Thousand Five Hundred Seventy-Four and no/100-------=------'--- - for the payment of WAch sum, well and truly to be made- to -the'Omier, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, by these presents: hITIREAS, on the 29 day of November 19 82 the Contractor entered into a rtritten contract with tic mer or urnis ZTing materials, supplies, and equipr.*ent not furnished by the Ot,rner, constriction tools, - equipmcn*-, and plant, and the perfonnance of all necessary labor, for and :in connection with the construction of certain improvements described in the attached contract docurrnts; and WHEREAS, it.was a condition of the contract miard by the acier that these presents by executed by the Contractor and Surety; .-INW; •9NrREME, if the'Contractor'shall, in -all particulars, well, duly, and. faithfully observe, perform, and abide by eadi and every covenant, condition, az,d part of the said contract, and the conditions, specific-tions; drawings, and other contract'doauvnts thereto attached'or, by reference made a part thereof, according to the true intent and ncanvtg in each case; then this obligation shall be null avid void; otheniise it shall remain in. full force acid effect. PROVIND FURIIIER, that if the Contractor shall fail to pay all just claims ' and•demands by, or in behalf of, any employee or other person, or any firm, association, or corporation, for labor performed or materials, supplies, or equipment furnished, used, or consumed by the. Contractor or his sub- contractors in the performance of the work-, then the Surety will pay the full value of all such claims or demands in any total amotult not exceeding the aunount, of this obligation, together with interest as provided by law. P8-1 THE•ii`DERSIGMU) SIAW. 1•, for value mccived, hereby agrees that no cxtcasiat of time, vi;uisc in, addition'tu, or othe :aoditicatiun or the tceaan of the contr^ct or work to be ivi-fon.1cd theretutder, or of the slxcifications or other contract erucutncrit, shall in nny tatty arfcct its obligation on this bond, and the Surety door, hereby waive notice of any such entension of',tine, change, addition, or modification. IN •i -FrIjkMT kllRREOF, the Contractor has hereunto set his hand and the Surety' has caused these pn'esents to he executed in its rnamc and its corporate seal to be affixed by its attorney-in-fact at Birmingham, Alabama on this the9th day of November ' , 19 82 C4ark Corporate on (SEAL) C~u~t~ersi~/ned = tate'of Texasm The se. Paul Fire & Marine-Insurance Comppriy Allen K. Iacy, Red dent"Agent . - J.. pawl s McKicu►eY . SY (SEAL) ttorney-in- t BY.~~. ~i (State Representative) (Accompany this bond with attorney-infact's authority front the Surety - • : Coirpany certified to include the c'3i.e of the bond.) . Pia-2 ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF • 38S Washington Street, St. Patti, Minnesota 55102 AUTHORITY NO. GENERAL POV.111 OF ATTORNEY - CERTIFIED COPY 461G64 (Original on File at Home Office of Company, See Certification.) KNOW ALL MEN BY THESE PRESENTS. That SL Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, and having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: Jaa:es D. Weisser, David W. Hamilton, Ardis T. Weems, Richard E. Simmons, Jr., F. Thomas Craig, J. Rawlins McKinney, Richard Pardue, individually, Birmingham, Alabama its true and lawful attorney(s)-in-fact to txecule, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizinces, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, reyaaed or permitted by law, statute, rule, regulation, contract o: ,,(herwise, NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION 059000,000) EACH and the execution of of such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified t, and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by the Board of Directors of ST. PAUL F IRE AND MARINE INSURANCE CONIPAk N at a meeting called and held on the 13rd day of January, 1970, of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Seuetary or Resident Secretary shall have power and authority (1) To appoint Atiorneys4n-fact, and to authorize theist to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys4ri-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company, and (3) To remove, at any time, any such At torney4efact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursua t to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of may, 1959, of which the following is a t; ue exerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certi icate bearing such facsimile signatures o facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future v; ith respect to any boi S or undertaking to which it isattached." amW J~ FIRE 6 IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate r seal to be affixed by its authorized officer, this 2nd day of January, A.D. 1980. 4 t•<.~ yam. N m ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF MINNESOTA iy G0, County of Ramsey 'Pt"eraiN- Vice President On this 27th day of September 19 82, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/sae is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument Is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sal, at the city of St. Paul, Minnesota, the day 1Ai See/ and year rust above written. aal~ ,t tt' V.C. INNES, Notary Public, Ramsey County, MN ~t)tlt(tt My Commission Expires April 27,1983 CERTIFICATION 1, the undersigned offio-.r of St. Paul Fitt and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Compiny as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not rxen revoked and is now in full force and effect. ts" s IN TESTIMONY WHEREOF, I have hereunto set my hand this ~j <44.,ftr a + q~,e , day of 19 O '~a4ycs x Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right comer is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. For verification of the authenticity of this Power of Attorney, you may telephone toll free 800.328.9821 and ask for the Power of Attorney Clerk. Please refer to the above Certificate of Authority No. and the above named individual(s). 29550 Ed. 8-60 Printed in U.S.A. Moro RANI ANl' kol ONS OF A';Isi Y COMPANIES AFFORDING COVERAGES HAMILTON & SHAG FORD, INC. P. 0. BOX 30068 COWAN' Q FEDERAL INSURANCE COMPANY BIRMINCHA-M, ALABAMA 35222 1ETIER - L E I HER Y IE SAFETY MUTUAL INSURANCE NAMC AND AI (RF i5 to 1"` lA'( I~ CLARK CORPORATION VOR CLARK SUBSTATION t[Tt(P"Y C ERECTION COMPANY Er'MFanY P. 0. BOX 577 (ITTER HELENA, ALABAMA 35080 COMPANY LETTER E This is to certify that po!kies of insurance listed belcA have been Issued !o the Insured named abcve Find are in force at this bme. Notw;ih standingg any requirement, term or condition o! any contract nr other ducu-crit A.th resprrt t) nhch ti-I. cerbhca!e may the issued Of may perta n the insurance a'fo•ded by the policies des.ribed herein is subject to all the terms. e.clusions and condd-oris of sxh policies. coMRaN+ 1,IIt I~Y Limits olLubillt InThousan s( lfIIER Trf'E(FI "PIN'S 4(q u'r Ni"It EP UHRATIOh DaiF EACH AGGREGATE OCIURRF.NCE GENERAL UABILITI ~~l BIDILr INJURY s s A XICOMPPEHENSW FORM MP 3522 37 29 9/1/83 1 91 PREMISES -OPERATIONS PROPERTY DAMAGE f EAFLOSION AND COILAPSE I F] s I fAZA.RD U UNDERGROUND HAZARD © PROOUC I S'CO MPL ETt D OPERATIONS HAZARD BOOILYINJURYAND ©C041PACTUAL 4N5URANCE PROPERTY DAMAGE S 500 s 500 91 BROAD FORM PRoPt RrY COMBINED DAMAGE © INDEPENDENT CONTRACTORS ® PERSONAL INJURY PCR50NAC INJURY s 500 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) A s QccMPR1,ItNsIYE FORM (83) 7302-60-15 9/1/83 BOOttY INJURY S TEACH ACCIDENT) DY-NIo OWED PROPEi TV DA.MASE s Ljl NON UNNEO BODRYiN1URVAGE s 500 PR'OPERT Y CAM+ - COMBINED EXCESS LIABILITY BODILY INJURY AND B [}UMBRELLA FDPM UM3426AL 9/1/83 PRIX ERTYDAMAGE $ 2,000 s 29000 OTHFRTHA.NUMWILtA COMBINED FORM WORKERS' COMPENSA110N STATUTORY A and r (83) 7008-46-75 EMPLOYERS'LIABILITY s 100 F%H kL1*%•I OTHER IESCRIPTION Of OPERATIONS/LOCATIONSNEF'CLk'S JOB: BID NO. 9053 DENTON, TEXAS SUBSTATIONS Cancellatkn: Should any of the above desir&d policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but tail-re to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERT IF ICAT F HOI DIR. DECEMBER 15, 1982 CITY OF DEN TON oarE Iss DENTON, TEXAS 767.01 _ a~ AUTHOF'IIED RCPRE SC NTA YE HAMILTON G SHACKELFORD, INC. CORD 2 5 1 79) ~ v ~ ~ s~ o ~ ~ ~ ~ l_ ~ l V h - ~ Y1 i ~ I _ i I , ~~l I` I equipment placed by Seller on said plant site shall remain the personal property of Seller and, subject to the terms of this agreement, may be removed by Seller at any time. (3) Indemnity: As between the parties hereto, each party shall be in control and in possession of the gas deliverable by it hereunder and responsible for any damages or injuries caused thereby until the same shall have been delivered to the other party at the points of delivery or points of receipt, except injuries and damages which shall be occasioned solely and proximately by the negligence of the party receiving such gas. After such delivery of gas, receiving party shall be deemed to be in exclusive control and possession thereof and responsible for any injuries or damages caused thereby, except injuries and damages which shall be occasioned solely and proximately by the negligence of the party delivering such gas. (4) Waiver of Breach: The waiver by either party of any breach of any of the provisions of this agreement shall not constitute a continuing JJ waiver of other breaches of the same or other provisions of this agreement. 1 (5) Notices: All notices provided for herein shall be in writing and shall be deemed to be delivered to Seller when addressed to Lone Star Gas Company, Attention: Industrial Gas Sales Department, 301 South Harwood Street, Dallas, Texas 75201, and deposited in the United States mail, postage prepaid, and shall be deemed to be delivered to Buyer when addressed to City Manager, City of Denton, Denton, Texas 76201 and deposited in the United States mail, postage prepaid, provided that either party may, by notice to the other, change its address used for the purpose of receiving notices. (6) Captions or Headings: The captions or headings preceding the various parts of this agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing 38 this agreement or any part of this agreement, or in connection with the intent, duties, obligations or liabilities of the respective parties hereto. (7) Assignment: This agreement shall be binding upon the parties hereto and their respective successors and assigns. All or any part of the rights or obligations of either party hereto may be at any time assigned, but any such assignment, unless accepted in writing by the other party hereto, shall not relieve the assignor of its ob'igations hereunder, in the event the assignee shall fail to perform the same in accordance with the terms hereof. ARTICLE XVII REPLACEMENT OF FRIOR CONTRACT: This agreement, effective as provided herein, shall replace and supersede that certain Gas Sales Contract between Seiler and Buyer, dated November 7, 1977, relating to Buyer's Plants, together with any amendments or supplements to said contract except that any retroactive adjustments to the weighted average price determination as provided in paragraph (3) of Article VI of such Gas Sales Contract shall continue for a period of two (2) years following such termination of said Gas Saies Contract. i 39 IN WITNESS WHEREOF, this agreement has been executed in duplicate originals by the parties hereto on this the 2!T-V/-day of , 1453, effective as of twelve o'one (12:01) a.m. central standard time on the. first day of the month immediately following such execution date. A"TEST: LONE STAR GAS COMPANY B Y Vice Pre ~ dJ ~t "Seller" ATTEST: CITY OF DENTON, TEXAS V ~J6? V A f y r 1V F "Buyer" 40 (EX'tiIBIT I) GAS OPERATING fiE~T::LFS AND EXPEI:SES Rev;seJ 903 01 If solely engaged in intrastate operations cc,mplete column (c) only. 02 _ 03 Particulars astate Total 05 Topne exas 04 ation s Operations 06 (a) (b) (c} 07 OPERATING RES'ENLES - 08 Sales of Gas (450) Residential Sales 00 (481) Sm. Commercial and Industrial Sales 422 fi2_ 3 $ 43_ 1 10 (481) Lg. Commercial and Industrial Sales -354 3Z? 2~2_ G jtj_,Rg 11 . (432) Other Sales to Public Authorities 1171 Gn_%fi5 -1 179-9iQ~ 12 {4S3} Sales for Resale 2~ 055_ 2-Lp53-13_9 13 (494) Interdepartmental Sales 270 Qll _92 57 14 TOTAL SALES OF GAS (Lns. 10 thru 15 15 S2 07F• 235 742 101 77C) 12 I6 Other Operating Revenues 17 (497) Forfeited viscounts {468) Pliscellaneous Service Revenues $~fz4_ ~ [1~]~gy 15 r;:~S 7 118 (4S9) Revenues from Transportation of Gas of Others ~2~➢~ 574 20 (4,0) Sales of Products Extracted from Natural Gas 21 (491) Revenues from Natural Gas Processed by Others - (492) Incidental Gasoline and Oil Sales fi`gZa-S3~- - 27~-~-450 22 5LZ3 _4-i 4Z_ 73L~ 23 (493) Rent from Gas Properly --Z°B_363 X63 24 (,94) Interdepartmental Rents 25 (495) Other Gas Revenues +r 44 0~ 5;5 172 i 26 TOTAL. OTHER OPEPATING RE T.NLT:S (Lns. V thru 26) S 4 ?6 ~rA S 49 An -in I 27 TOTAL OPERATING REVENUES (Ln. 16 plis 27) 5~ lr5 n~t-~ 157. 151-374, 41, 28 OPERATING EXPENSES 29 Operation and Maintenance Expenses 30 (700-742) ManufPctured Gas Production Expenses 5 $ 31 (750-791) Natural Gas Production Expenses 13 664_360 13 8~9 S<7_I 32 (795-79E) Exploration and Development Expenses 33 (800-805) Purchased Gas Expenses 1 782 245 2_?7_ 1 844 685 237 34 (E06-813) Other Gas Supply Expenses 4 8 q(: E33~ _ 4 25 04 35 (814-837) Underground Storage Expenses 3 361 ~_S 0 i 36 (84U-848.3) Other Storage Expenses 4`3-35 (850-867) Transmission Expenses 06 61_$x4 37 39 (570-694) Distribution Expenses - -5L-1 0.70 39 L (901-905) Customer Accounts Expenses 11-U 6_ ? 5 32 430 63 4 ~ 24_668 2:;2 25 553 862 40 (909-918) Customer Service & Sales Promotion Expense 41 (920-932) Administrative and General. E;:peasc's ~--5_9Q3_-13.9- 6__Q2l__7! TOTAL OFERATION A.',D iLAINTENA.';CE EXPENSES $1 3 Ol S 195 47850 lSG 15 '$I 0( 67 hg 42 r 067 0- 34(, 43 (Lns. 31 thru 42) 44 Other O rerating Expenses 45 (403) Depreciation Expenses (404-007.2) Combined Amortization Ex.pr.nses -10-029 10 S 2Q Q3q-Q=5_ 46 (408.1 ) Taxes Other Than Income Taxes --1-011 51$_ l~-LLS_1$_ 47 (409.1) Income Taxes --b5_9~6--_'3~ ~S {410.1) Provision:; for Deferred Income Tares - _2LS_-~--0`Q -2.~1??~4 49 (411.1) Income Taxes Deferred in Prior Years - Credit ~3 t~ --1~ bl3 ?6g 50 (412.1-4!2.2) Investment Fax Crciits - C1 32E -4S 2) L72L4S2~ 51 TOTAL OTHER OPERATING EXPENSES (Lns. 46 thru 52) $ 42 fir, 4 oc, ,rn 52 1 111 1 00? 5:;? +5 1!? 375 I 53 TOTAL OPERATING ESPE`;SES (],n. 43 plus 53) S7 012 5G2 FO;; Sv f17o 97 0;, 54 NET GAS OPERATING ]SCONE (Line 28 minus line 54 S I12 g_SR °.rp 5 71 01 nor, 55 ( EXHIBIT II ) GAS OPERA TI!G REVENUES AN"D EXPENSES 01 If solely engaged in intrastate operations complete column (c) only. 02 03 Texas 04 Particulars Intrastate Total 05 Operations Operations 06 (a) (b) (c) 07 OPERATING REVENUES Sales of Gas 08 (480) Residential Sales 09 .(481) Sm. Commercial and Industrial Sales 10 (481) Lg. Commercial and Industrial Sales 11 (432) Other Sales LO Public Authorities - 12 (483) Sales for Resale 13 (484) Interdepartmental Salts 14 TOTAL SALES OF GAS (I.ns. 10 thru 15) 15 16 Other Ooeratrn,g Revenues (487) Forfeited Discounts 17 (488) Miscellaneous Service Revenues 8 - '.8 (489)- Revenees from Transportation of Gas of Others 19 (490) Sales of Products Extracted from Natural Gas 17 835 108 20 (491) Revenues from Natural Gas Processed by Others 21 (492) Incidental Gasoline and Oil Sales 22 (493) Rent from Gas Property 23 (494) Interdepartmental Rents 24 (495) Other Gas Revenues 25 TOTAL OTHER OPERATING REVENUES (Lns. 18 thru 26) $ i 26 TOTAL OPERATING REVENUES (Ln. 16 plu_ 27) S - iS !5 l17 7 635 109 27 B35 109 28 OPERATING MENSES Operation and Maintenance Expenses 29 (700-742) 5aq~ifacLured Gas Production Expenses 30 (750-79I) Natural Gas Production Expenses $ - $ 31 (795-798) Exploration and Development Expenses 43L 32 (800-803) Purchased Gas Expenses 33 (806-813) Other Gas Supply Expenses 34 (814-837) Underground Storage Expenses - 35 (840-848.3) Other Storage Expenses 36 (850-867) Transmission Expenses - 37 (870-894) Distribution Expenses _ I03 951 38 (901-905) Customer Accounts Expenses 39 (909-918) Customer "ervice & Sales Promotion Expense 40 (920-932) Administrative and General Expenses - 41 565 587 42 TOTAL OPERATION AliD HAINTENAIiCE EXPEN'S'ES (Lns. 31 thru 42) I5 15 100 899 43 44 Other Operating Expenses (403) Depreciation Expenses 45 (40-'-407.2) Combined Anorti7ation Expenses 2 648 324 46 (408.1) Taxes Other Than Income Taxes - 47 (469.1) Income Taxes - 194 668 48 (410.1) Provisions foe Deferred Income loxes 194_511 49 `(411.1) Income Taxes Deferred in Prior Years - Credit 786 140 50 (412.1-412.2) Investment Tax Credits _ 51 ( 432) $ _ 66 52 I TOTAL OTH R OPERATING EXPENSES (Lns. 46 thru 52) 6 217 161 53 TOTAL OPERATING EXPEI.5ES (Ln. 43 plus 53 S ) S S !L 718 050 54 NET GAS OPERATING INCOME (Line 28 minis line 54 1 ) $ ~ 6 517 049 55 ( EXHIBIT III ) • 01 BALANCE SHEET 02 03 Assets and Other Jebits Cross Balance at 04 Reference December 31 OS Dr. (Cr.) 0 (a) (b) (c) 07 UTILITY PLANT 08 (lO)) Utility Plant in Service p. 16, Ln. 44('e) $ 640 120 003 09 (102) Utility Plant Purchased or Sold 10 (103) Util. Plant in Procass of Reclassification 11 (104) Utility Plant Leased to Others 12 (105-105.1) Properties Held for Future Use 13 (106) Completed Ccnstruction Not Classified 372 14 (107) Construction Work in Progress 4 15 (108-113.2) Acrumulated Prov. for Depr. & A.nort. ( 4 16 (114) Utility Plant Acquisition Adjustments 17 (115) Ac. Prov, for A.mort. of Util. Plant Acq. Adi. 414 12 0 0 ] (116) Other Utility Plant Adjustments 19 (117) Gas Stored Underground - Non-current 5S 71 309 055 20 TOTAL NET UTILITY PLANT {Lines 8 thru ]9) - r$~: 91 349 0 21 OTHER PROPERTY A_YD INVEST)IE`~TS 22 (121) Nonutility Property 53 5 634 23 (122) Accun. Prov, for Deprec. and Amort, 18 596 24 (123) Investment in Associzted Companies 25 (124) Other Investments 26 (125) Sinking Funds 82 518 I58 27 (126) Depreciation Fund 28 (128) Gther Special Funds 131 29 TOTAL NET OTHER PROPERTY & INVFSTI1F_NTS 83 0775 5 331 30 (Lines 22 thru 23) 31 CURF;ENT1 AND ACCRUED ASSETS 32 (131) Cash S 3 500 83! 33 (132-134) Special Deposits 34 (135) Working Funds 35 (136) Temporary Cash Investments 284 835 36 (141) )lctes Receivable p. 13, Ln. 17(e) 3 166 37 (142) Customer Accounts Receivable 194' 446 831 38 (143) Other Accounts Receivable 6 814 2 39 (144) Accura. Prov, for Uncollect. Accts.-Cr. (5 005 481 40 (145) Notes Receivable from Assoc. Companies p. 13, Ln. 34(b) 41 (146) Accounts Receivable from Assoc. Companies p. 13, Ln. 34(c) 42 (151) Fuel Stock 43 (152) Fuel Stock Expenses 44 (153) Residuals and Extracted Products 25 347 45 (1S4) plan[ Material: and Operating Supplies - - 46 (155) Merchandise 11 730 263 47 (156) Other Materials and Supplies ___L_() 50 OOS 48 (163) Stores Expense 49 (164) Gags Stored Underground - Current 132 410 441 ..50 (165) Liquefied Natural Gas Stored '51 (166) Prepayments 52 (167-165) Fdvance Payments 1 435 852 53 (171) Interest and Dividends Receivable t 783 4S0 54 (172) Rents Rcceivable 5S (173) Accrued Utility Revenues 6 946 56 (174) Miscellaneous Current and Accrued Assets 57 TOTAL CURRENT AND ACCRUED ASSETS 8 687 783 58 (Lines 3" •hru 56) S 357 179 856 r EXHIBIT IV ) ' 01 VALANCE SHEET 02 03 Assets and Other Debits Cross Balacce at 04 Reference Decer,ber 31 05 Dr. (Cr.) 06 (a) _ (b) (c) 07 UTILIT"f PLA'r•T 08 (101) Utility Plant in Service p. 16, Ln. 44(e) $ 95424693 09 (102) Utility Plant Purchased or Sold 10 (103) Util. Plant in Process of Reclassification 11 (104) Utility Plant Leased to Others ]2 (105-105.1) Properties Held for Future Use 134160 13 (105) Completed Construction Not Classified _ 325307 14 (107) Construction Work in I,rol;ress 2737.994 15 (]OS-113.2) Accumulated Prov. for Depr. & Amort. 2152745S} 16 (]]4) Utility Plant Acquisition Adjustments 17 (115) Ac. Prov. for Amort. of Util. Plant Acq. Adj. 18 (116) Other Utility Plant Adjustments 19 (117) Gas Stored Underground - Noncurrent 20 TOTAL 1ET UTILITY PLANT (Lines 8 thru 19) $ 780SE593 21 OTn R PROPERTY AND INVESTMENTS 22 (121) Nonutility Property 23 (122) Accu.-i. Prov, for Deprec. and Anort. 24 (123) Investment in Associated Companies 25 (124) Other Investments 26 (125) Sinking Funds 27 (126) Depreciation Fund t: 28 (128) Other Special Funds 29 TOTAL NET OTHER PROPERTY & 11;~rESTX~ENTS 30 (i,ines 22 thru 28) 31 CCRY.ENT V,-D ACCRUED ASSETS 32 (131) Cash $ 1403 33 (12-134) Special Deposits 34 (135) Working Funds 35 (136) Te©porary Cash Investments 36 (141) 'Totes Receivable: p. 13, La. 17(e) 37 (142) Customer Accounts Receivable 38 (143) Other Accounts Recei++able 131672 39 (144)'Accum. Prov. for Uncollect. Accts.-Cr. 40 (145) Notes Receivable from Assoc. Companies p. 13, Ln. 34(b) 41 (146) Accounts Receivable from Assoc. Companies p. 13, Ln. 34(e) ___7235117-V 42 (151) Fuel Stock 43 (152) Fuel Stotk Expenses 44 (153) Residuals and Extracted Products _ 45 (I54) Plant Materials and Operating Supplies 193314 _ 46 (155) Merchandise _ 47 (156) Cther Materials and Supplies 48 (163) Stores Expense 49 (164) Gas Stored Underground - Current 50 (165) Liquefied Natural Gas Stortd 51 (166) Prepayments 7310 , 52 (167-168) Advance Payments 53 (171) Interest and Dividends Receivable 54 (172) Rents Receivable 55 (173) Accrued Utility Revenues 56 (174) Miscellaneous Current and Accrued Assets 57 TOTAL CURRENT AND ACCRUED ASSETS $ ]568816 58 (Lines 32 tbru 56) TRANSFER OF GAS AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF BRYAN, the CITY OF DENTON, the CITY OF GARLAND, and the CITY OF GREENVILLE, each of which is a municipal corporation, hereinafter collectively referred to as "Cities," and LONE STAR GAS COIPANY, hereinafter referred to as "Lone Star," W I T N E S S E T H: WHEREAS, Lone Star Gas Company and the Cities of Bryan, Denton, Garland, and Greenville made and entered into the following "Gas Sales and Exchange Contracts." P) Under date of y~ S 1983, for the sale, purchase and exchange of natural gas for use as fuel for the City of Bryan's electric generation purposes, and b) Under date of`11 1983, for the sale, purchase and exchange of natural gas for use as fuel for the City of Denton's electric generation purposes, and c) Under date of SL' 1983, for the sale, purchase and exchange of natural gas for use as fuel for the City of Garland's electric generation purposes, and d) Under date of (1 '1S, 1983, for the sale, purchase and exchange of natural gas for use as fuel for the City of Greenville`s electric generation purposes, and 1 f WHEREIS, Lone Star and Cities desire to enter into a "Transfer of Gas Agreement" as hereinafter provided; NOW, THEREFORE, in consideration of the premises and the sum of Teri Dollars ($10.00) cash in hand paid to each party by the other party hr:reto, the receipt and sufficiency of which is hereby acknowledged, and of the mutual convenants and agreements herein contained, Cities and Lone Star do hereby contract and agree with each other as follows: ARTICLE I SUBJECT MATT--R It is agreed that from time to time one or more individual Cities may elect to take and receive a quantity of gas. that is less than the daily or annual maximum quantities provided in the respective "Gas Sales and Exchange Contract" or "Contracts" or is less than the quantity that may be allocated under Lone Star's curtailment program, or may elect ins!ead to receive an equal quantity of gas at any other one or more individual Cities' plants, which shall be hereinafter referred to ~I as "transfer of gas" subject to the following conditions: a. Cities shall notify Lone Star by telephone through normal dispatching procedures a reasonable amount of t1we in advance of its desire to make such a transfer of gas and shall designate the quantity of ga:. by sales and exchange category and the City or Cities transferred from and to, and the period of time during which such transfer shall take place, and b. Lone Star shall agreo to such a transfer of gas except when Lone Star determines that to do so would interfere .dish Lone 2 Star's curtailment program or with Lone Star's ability to provide adequate service to customers accorded an equal ar higher priority than Cities by Lone Star, and C. Any individual City shall never, by virtue of this agreement have the right to take and receive in excess of the daily or hourly maximum quantities provided for any City by the Gas Sales and Exchange Contract in effect for such plant, and d. All quantities of gas, transferred from any individual Cities' plants as provided herein, shall apply toward maximum and minimum quantities of the Gas Sales and Exchange Contract in effect for the plant from which such transfer of gas was made; provided, however, exchange quantities transferred do itot apply to any of the Cities' minimum volume obligations, and e. Cities may terminate such a transfer of gas at any time by giving reasonable advance notice to Lone Star of its desire to do so and Lone Star may likewise terminate a transfer of gas by giving Cities reasonable advance notice if Lone Star has determined that to continue a transfer would interfere with Lone Star's curtailment program or with Lone Star's ability to provide service to customers accorded an equal or higher priority than Cities by Lone Star. ARTICLE II TERM Subject to the other terms and provisions hereof, this agreement shall be effective from 12:01 a.m. on the ~ day of, 1983 and shall thereafter continue and remain in full force 3 and effect for a period and term extending until the L4~rminatioa of any three of the aforesaid Gas Sales and Exchange Contracts. ARTICLE III PAYMENT All quantities of gas transferred from a City, as provided for herein, shall be deemed to have been purchased or exchanged by the City to which such transfer of gas was made except that the quantities transferred shall not apply toward the maximum and minimum quantities of the Gas Sales and Exchange Contract for the City to which the transfer is made. Price of gas, rendering of statements and bills, and payments shall be according to the terms and conditions of the Gas Sales and Exchange Contract in effect for the City to which such transfer of gas was made. ARTICLE IV NOTICES 1. The parties hereto recognize that in order to determine sales volumes delivered each billing month under the aforesaid contracts, it is necessary for Lone Star to deduct the exchange volumes delivered under such contracts at each plant during each billing month from total deliveries at each plant. Therefore, the Cities agree to furnish to Lone Star at its office in Dallas, Texas, a written report of all exchange gas transferred hereunder during any billing month within four (4) working days .'ollowing the end of such billing month. Only volumes so reported each month sliall be considered as exchange volumes transferred hereunder. The Cities will notify Lone Star in writing of the sales volumes transferred hereunder each billing month within thirty (30) days following the end of such billing mcnth; provided, however, to 4 facilitate Lone Star's determination of each of the Cities compliance with their respective minimum volume obligations, the Cities will notify Lone Star of the sales volumes transferred during each December by the fourth (4th) working day of the following January. An individual City's transfer volumes for any calendar year shall apply to such 1ity's contract maximum and Minimum volume determination under such City's Gas Sales and Exchange Contract only if such transfer volumes are reported in writing to Lone Star by the fourth (4th) working day following the end of such Calendar Year. 2. If, during any billing month, Lone Star elects to reduce the Base Price to an individual City, as provided in Article VI, paragraph (2), subparagraph (h) and (i) of each City's Css Sales and Exchange Contracts, then such City agrees to furnish to Lone Star, at its office in Dallas, Texas, a written report of the sales and exchange volumes transferred hereunder during each billing month within four (4) working days following the end of such billing month. Only volumes so reported shall be considered as sales and exchange volumes transferred hereunder during such billing month. ARTICLE V AGENT FOR CITIES Cities hereby appoint Texas Municipal Power Agency as their agent for the purpose of receiving and giving notices, statements, and carrying on normal operating and dispatching communication hereunder. Lone Star is hereby authorized by C.-lies to so dea' with such agent with the same reliance as if it were dealing with Cities and Cities shall be 5 bound by all the acts of its agent; pt-)vided that Cities, collectively, may by written notice actually deliverel to Lone Star designate a different agent; provided, however, such different agent is acceptable to Lone Star. The parties hereto agree that this Agreement may be executed in one or more copies, or counterparts, each of which, when executed by Lone Star and any of the parties listed below, as Cities, ~n311 constitute and be an original effective agreement between such Lone Star and Cities; provided that all four (4) of the Cities executes same. 6 IN WITNESS WHEREOF, this agreement has been executed in duplicate originals by Lone Star and Cities on the .)5W-day of aJA- L~ , 1983. ATTEST: / LONE STAR GAS CMPA14T By: Assistant Corporate Secretary "LONE STAR" ATTEST: CITY OF BRYAN By: City Secretary ATTEST: CITY OF DENTON ~.t cs-!ter(.~I l,' 1 By : ' City Secretary l ATTEST: CITY OF GARLAND By.-- City Secretary ATTEST: CITY OF GREENVILLE By: City Secretary "CITIES" 7 s ' GAS EXCHANGE AGREEMENT 7/, 7f THIS AGREEMENT, made and entered into on this the /j6L day of 19 by and between LON£ STAR GAS COMPANY, a Division of ENSERCH CORPORATION, a Texas corporation, hereinafter referred to as "Lone Star" and the CITY OF BRYAN, TEXAS; CITY OF GARLAND, TEXAS; CITY OF GREENVILLE, TEXAS; and CITY OF DENTON. TEXAS, each of which is a municipal corporation, hereinafter collectively referred to as "Cities"; W I T N E S S E T H: WHEREAS, Cities own or control certain quantities of natural gas and desire that Lone Star receive such gas from Cities (or its designee) at the pints of receipt as hereinafter set forth and deliver equivalent quantities of gas to the points of delivery as hereinafter set forth, and WHEREAS, Lone Star owns and operatei a pipeline system and is willing to exchange gas for Cities as hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, Lone Star and Cities hereby agree and covenant as follows: ARTICLE I. QUANTITY 1.1 Cities represents that from time to time it may desire for Lone Star to receive and deliver gas at the points of receipt and delivery as set forth hereunder in quantities as agreed to by the parties. It is agreed that the I volume of gas to be exchanged under this contract will not exceed a daily volume r of twenty thousand (20,000) Mcf. Both parties, recognize that gas delivered at the points of delivery as set forth hereunder nay be commingled with gas delivered under other Lone Star agreements with Cities; therefore, Lone Star and Cities agree that exchange deliveries to Cities hereunder shall be considered, subject to the terms and conditions set forth herein, as the first gas delivered during any month at the Olinger point of delivery a;, hereinafter defined and if, 1 during any month, the accumulated daily quantities of exchange gas received hereunder by Lone Star from Cities or its designee exceed the total quantity of all gas delivered by Lone Star to such Olinger point, such excess amount of exchange gas hereunder shall be considered the first volumes delivered at the Dansby point -)f delivery as hereinafter defined. The exchange of gas hereunder to each of the Cities shall not serve to increase Lone Star's annual, daily or hourly delivery obligations as set forth in the existing Gas Sales Contracts or the successor Gas Sales and Exchange Contracts. 1.2 Lone Star's receipt and delivery of such gas exchange volumes will be done on a best efforts basis subject to Lone Star's existing or future pipeline capacity, system transmissibility and operating capabii' °es; and Lone Star may refuse to exchange gas hereunder if in the reasonable .pinion of Lone Star to do so would adversely affect Lone Star's service to its customers or the conduct of its utility business. 1.3 It is recognized that a day-to-day balance of gas received by Lone Star and delivered to Cities (or for its account) may not be possible due to the inability of the parties to control precisely such receipts or deliveries. However, Lone Star, to the extent practicable, will deliver to Cities (or for its account) each day a quantity of gas equivalent (in terms of MMBtu) to the quantity received from Cities (or its designee) that day. Imbalances shall be corrected insofar as practicable during the month following the month in which they occur; provided, however, either party may restrict its delivery of gas to the other party on a daily basis to match the quantities of gas delivered by the other party on such day. 1.4 Lona Star and Cities recognize and agree that 54.6% of each individual City's prorated portion of exchange gas delivered hereunder during each month, as determined in Section 6, paragraph (a) of the General Terms and 2 Conditions of this Contract, shall be credited toward such City's applicable minimum annual volume requirements pursuant to Article II, paragraph (2) of the Gas Sales Contracts between each of the Cities and Lone Star dated November 7, 1477, or any successor Gas Sales and Exchange Contracts. Both parties also agree that each City's prorated portion of exchange gas hereunder shall reduce Lone Rtar's obligation to exchange gas under the successor Gas Sales and Exchange Contracts, as set forth in such Contracts' Article XIII, paragraph (2), by an equivalent amount. ARTICLE II. I LOCATION OF POINT OF RECEIPT AND DELIVERY 2.1 Points of Receipt: Gas delivered by Cities (or its designee) to I Lone Star hereunder shall be delivered at the inlet flange of Lone Star's existing meters located at various mutually agreeable supply sources within the State of Texas from a mutually agreeable third party. 2.2 Points of Delivery: Gas exchanged by Lone Star hereunder shall be delivered to Cities at Bryan's Roland. C. Daasby Power Plant, located in Brazos County, Texas (herein "Dansby" plant"); and City of Garland's Ray Olinger (on Lavon Lake) Power Plant, located in Collin County, Texas (herein "Olinger" Point). 2.3 Additional Points: Nothing shall prevent Cities and Lone Star from establishing other receipt and delivery points hereunder by mutual agreement. ARTICLE III. PRESSURES AT POINTS OF RECEIPT AYD DELIVERY 3.1 Cities, or its designee, shall deliver gas to Lone Star at the Receipt Points at pressures sufficient to enter Lone Star's pipeline eystem at such points. 3 3.2 Lone Star shall deliver gas hereunder to Cities at the po'nts of delivery at such reasonably steady pressures as may be designed by Cities; provided, however, Lone Star shall not be required to deliver gas at a pressure in excess of fifty (50) psig at the Dansby point of delivery and seventy-five (75) psig at the Olinger point of delivery. ARTICLE IV. RATES 4.1 Cities shall pay Lone Star for services rendered hereunder at the rates set forth below commencing with initial deliveries of exchange gas hereunder. (a) Prorated in accorc:ance with Sectioa 6 of the General Terms and Conditions hereunder, Cities shay. pay Lone Star for exchange services rendered hereunder each month, an amount equal to the following: (i) Beginning with the effective date hereunder and ending December 31, 1983, the amount due Lone Star for each MMBtu of exchange gas delivered to Cities shall be 37C• (ii) For any exchange deliveries hereunder subsequent to December 31, 1983, the amount due Lone Star for each PfllBtu of gas delivered hereunder shall be an amount equal to the Base ?rice in effect during such month, as sick price is determined in Article VI, paragraph (2), subparagraphs (b) through (g) and Article IX, paragraph (4) of the successor Gas Sales and Exchange Contracts between each of the Cities and Lone Star which supercede tLuse certain Gas Sales Contracts between each of the Cities and Lone Star dated November 7, 1977. 4 (iii) Notwithstanding anything to the contrary, if all such successor Gas Sales and Exchange Contracts are not executed prior to November 25, 1983, then the amount due Lone Star for each MlBtu of gas delivered hereunder after January 1, 1984 shall be an amount equal to 39C, provided that Lone Star has not yet terminated this agreement, as provided in Article V herein. (b) It is understood and agreed by the parties hereto that the rates provided for herein have been reached through arms length negotiations and that neither party had an unfair advantage during the negotiations thereof. However, should the appropriate regulatory agency find such rates to he unreasonable for any reason or in any way in violation of any provision of law, and determine a rate lower than that provided !or herein, Lone Star may terminate this agreement by giving Cities sixty (60) days notice. Should the agency determine a rate higher than that provided for herein, CLties may terminate this agreement by giving Lone Star sixty (60) days notice. (c) Cities agree to reimburse Lone Star for any taxes as defined in Section 5 of the GENERAL TEKIS AND CONDITIONS attached hereto as APPENDIX "Ae'. ARTICLE V. TERM 5., This Agreement is effective as of the date of execution or the date gas is first delivered hereunder, whichever occurs first, and shall remain in full force and effect for a primary term continuing until November 1, 1984 and from month to month tYereafter until cancelled by either party giving the other party thirty (30) days prior written notice of its intention to do so. In the event any gas purchase or sales agreement, which is necessary for the performance of this agreement by either party hereto, is terminated by either party or a 5 third party, then upon such occurrence, either party may elect to terminate this agreement prospectively upon ten (10) days prior written notice. Notwithstanding the above, if an imbalance in deliveries exists on the date of termination hereof between the quantities theretofore delivered at the Receipt Points and Delivery Points, the term shall be extended for a period sufficient to allow the party whose deliveries are in arrears to eliminate promptly any deficit. i 5.2 Both parties recognize t'nat the delivery and receipt of exchange gas hereunder is contingent upon each of the Cities thereto and Lone Star executing successor contracts for the existing Gas Sales Contracts between each of the Cities and Lone Star dated November 7, 1977. Such successor contracts (herein called "Gas Sales and Exchange Contracts") will provide for the sale and exchange of gas at each of the delivery points provided for in the November 7, 1977 Gas Sales Contracts. If all of the successor Gas Sales and Exchange Contracts are not executed prior to November 25, 1983, Lone Star shall have the option thereafter to cancel this agreement with thirty (30) days prior written notice to Cities. ARTICLE VI. LAWS AND REGULATIONS 6.1 This agreement shall be subject to all applicable State and Federal laws, snd orders, directives, rules and regulations of any Governmental body, official or agency having jurisdiction. 6.2 Each party warrants to the other that its or its agent's facilities u.tilized for the delivery and acceptance of gas hereunder are wholly intrastate facilities and are not subject to the Natural Gas Act of 1938, as heretofore amended. As a material representation, without which both parties would not, have been willing to execute this agreement, each party warrants to the other party that it will take no action or Commit an act of omission which will subject: its facilities, this cransaction, or the other party's facilities, to 6 jurisdiction of the Federal Energy Regulatory Commission or its successor governmental aZency under the terms of the Natural Gas Act of 1938, as amended. The gas delivered and accepted hereunder shall not have been nor shall be sold, transported or otherwise utilized in interstate commerce in a manner which will subject either party to the terms of the Natural Gas Act of 1938, as amended. In addition to end without excluding any remedy the aggrieved party may have at law or in equity, the party who breaches the above warranties and representations shall be liable to the aggrieved party for all damages, injury and reasonable expense the aggrieved party may sustain by reason of any breach hereof. Further, should either party perform any act, or cause any act to be performed, at any time, that results in any gas covered hereunder being regulated by or subject to the jurisdictional consequences of the FERC or successor governmental authority contrary to this contract, this contract, without negating reservation of rights under this paragraph, shall be. deemed of its own terms to terminate on the day prior to the date of such cccurrence. ARTICLE VII. GENERAL TERMS AND CONDITIONS 7.1 The GENERAL TERMS AND CONDITIONS L-ttached hereto as APPENDIX "A" are incorporated herein by this reference. ARTICLE VIII. MISCELLAI7EOUS 8.1 No waiver by either lone Star or Cities of any default of the other under this Agreement shall operate as a waiver of any future default, whether of like or different character or nature. 8.2 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that this Agreement shall not be transferred or assigned by any party 7 without the prior written consent of all other parties herein, and any purported transfer or assignment without such consent shall be null and void and shall not operate to release the transferer(s) or assignor(s) from its obligations hereunder. 8.3 Any notice, request, demand, statement or payment provided for in this Agreement may be given in writing, directed to the party to whom given, and mailed or delivered at such party's address or addresses as follows: Cities: City Manager City Manager City of Bryan City of Garland Bryan, Texas 77801 Garland, Texas 75040 City Mauager City Manager City of Greenville City of Denton Greenville, Texas 75401 Denton, Texas 76201 Lone Star: Notices: Payments: Lone Star Gas Company Lone Star Gas Company 301 South Harwood St. 301 South Harwood St, Dallas, Texas 75201 Dallas, Texas 75201 Attn. Industrial Gas Attn: Utility Related Sales Department Credit Group or at such address as each party may give to the other. Such mailed notices shall be deemed to have been given when forwarded by first class mail, postage prepaid, or in the case of hand delivery, when accepted by a representative of either party fr:.:n a representative of the other party. 8 8.4 This Agreement constitutes the entire agreement between the parties covering the subject matter hereof, and there are no agreements, modifications, conditions or understandings, written or oral, expressed or implied, pertaining to the subject matter hereof which are not contained herein. 8.5 Modifications of this Agreement shall be or become effective only upon the due and mutual execution of appropriate supplemental agreements or amendments hereto by duly authorized representatives of the respective parties. 8.6 The parties hereto agree that this Agreement may be executed in one or more copies, or counterparts, each of which, when executed by Lone Star and any of the parties listed below, as Cities, shall constitute and be an original effective agreement between such Lone Star and Cities; provided that all four (4) of the Cities executes same. I 1 9 ACCEPTED AN'j AGREED to this the ~s V day of 1983. LONE STAR GAS COMPANY, a Division CITY OF BRYAN, TEXAS of EN•SEERRCH CORPORATION BY r1.c r By - Title ya r /it~,~,,< t~ Title _ Attest: Attest: "LONE STAR" CITY OF GARLAND, TEXAS By Title Attest: i CITY OF GREENVILLE, TEXAS By - Title - Attest: CITY OF DENTON, EXAS 7 By L77 Title q i Attest:r c- "CITIES" l0 SHEET NO. 1 AP.2FNDIX "All GAS EXCHANGE AGREEMENT GENERAL TERMS AND CONDITIONS 1. Definitions (a) "Gas" shall mean natural gas produced from gas wells, vaporized natural gas liquids, gas produced in association with oil (casinghead gas) and/or the residue gas resulting from processing casinghead gas and/or gas well gas. (b) "Day" shall mean the 24-hour period beginning at 12:00 midnight, central standard time, on one calendar day and ending at 12:00 midnight, central standard time, on the following calendar day. (c) "Month" shall mean the period beginning at 12:00 midnight, central standard time, on the first day of a calendar month and ending at 12:CO midnight, central standard time, on the first day of the succeeding calendar month. (d) "Year" shall mean a period of twelve (12) consecutive months beginning at 12:00 midnight, central standard time, on the first day of a calendar month and ending at 12:00 midnight, central standard time, on the same date of each succeeding year during the term hereof. (e) "Mcf" shall mean one thousand (1,000) cubic feet. (f) The term "Btu" as used herein, shall mean British Thermal Unit and, where appropriate, the plural thereof. The tern "MMBtu" shall mean one million (1,000,000) Stu. (g) "Heating Value" or "Heat Content" shall mean the total heating value expressed in Btu per cubic foot (gross heating value) of the gas delivered hereunder, and shall be determined at a teruperature of sixty (60) degrees Fahrenheit, saturated with water vapor and under a pressure equivalent to SHEET NO. 2 that of thirty (30) inches of mercury at thirty--two (32) degrees Fahrenheit converted to base conditions of sixty (60) degrees Fahrenheit and an absolute pressure of fourteen and sixty-five one hundredths (14.65) pounds per square inch and adjusted to a dry basis. (h) "Psia" shall mean pounds per square inch absolute. (i)) "Psig" shall mean pounds per square inch gauge. (j) "Points of Receipt" or "Receipt Points" shall mean the points where Lone Star receives gas delivered to it by Cities or by others for Cities' account. (k) "Points of Delivery" or "Delivery Points" shall dean the points where Lone Star delivers gas to Cities. 2. Measuring Equipment and Testing (a) Gas delivered hereunder to Lone Star at the Receipt Toints or gas delivered hereunder to Cities at the Delivery Points shall be measured by means of existing meters of standard type which shall be operated and maintained by Lone Star (or its designee) unless both parties mutually agree in writing to allow another party to measure gas delivered or received herein. Nothing contained herein shall require Lone Star to install any metering facilities at the Receipt or Delivery Points herein unless Lone Star, at its sole discretion, agrees to install such additional facilities. The meter and other measurement instruments and equipment shall be tested and adjusted for accuracy on a monthly basis by Lone Star. (b) Cities or its designee shall have access to Lone Star's metering equipment at all times, but the calibration and adjustment thereof shall be done only by the employees or agents of Lone Star. Charts and records from such metering equipment shall remain the property of Lone Star and shall be kept on file by said party for a period of not less Chan four (4) years. However, upon SHEET NO. 3 request of Cities, Lone Star shall submit to the Cities charts and records from its metering equipment, together with calCILlation, therefrom, for inspection and verification, subject to return by Cities to Lone Star within ten (10) days after receipt thereof. (c) Cities or its designee may, at its option and expense, install and operate meters, instruments and equipment to check Lone Star's meters, instruments and equipment, if applicable, but the measurement of gas for the purpose of this agreement shall be by Lone Star's meters oily, except as hereinafter specifically provided. The check meters, instruments, and equipment installed by Cities or its designee shall be subject at all reasonable times to inspection or examination by Lone Star, but the calibration and adjustment thereof shall be done only by the party owning such facilities. (d) Each party shall give to the other party notice of the time of all. tests of meters sufficiently in advance of such tests so that the oth,ir party may conveniently have its representatives present; provided, however, that if either party has given such notice to the other party and such other party is not present I at the time specified, then the party giving the notice ma,- proceed with the test as though the other party were present. (e) Meter measurements computed by the metering party shall be deemed to be correct except where the meter is found to be inaccurate by at least one percent (1%), fast or slow, or failed to register, in either of which cases Lone Star shall repair or replace the meter. The quantity of gas delivered while the meter was inaccurate or failed to register shall be determined by the readings of the Cities' or its designee's check meter, if installed and in good operating condition, or by correcting the error if the percentage of error is ascertainable by calibration or mathematical calculation. If not so ascertainable, then it shall be determined by estimating the quantity on a basis of deliveries under CHEST NO. 4 similar conditions when the meter was registering accurately. Such adjustments or corrections shall be made only for the latter half of the period whi^h has elapsed since the last previous test. 3. Measurements (a) The orifice meters for measurement of volumes at the Receipt Points and Delivery Po nts hereunder shall be installed and operated, and computations shall be made, as prescribed in Gas Measurement Committee Report No. 3 of the American Gas Association, 1969 Revision, as last amended. The unit of measurement of gas shall be one thousand (1,000) cubic feet at a pressure of fourteen and sixty-five one hundredths (14.65) pounds Fer square inch absolute and at a temperature base of sixty (60) degrees Fahrenheit. Meter measurements shall be computed by the measuring party into such units in accordance with the Ideal Gas Laws, corrected for volume variations due to metered pressure and corrected for deviation, using daily averages of recorded specific gravity and flowing temperature. (b) The daily average heating value of the gas delivered hereunder, expressed in British Thermal Units per cubic foot and computed on the basis of a pressure of 14.65 psia and sixty (60) degrees Fahrenheit, by either party, shall be determined by the use of recording calorimeters or gas chromatographs of standard type, which shall be installed and operated by the operating party at the metering point, or at such other point or points as is mutually agreeable to both parties; provided, however, if there is no calorimeter or gas chromatograph at aay particular point specified herein or agreed upon hereunder, then the heating value of the gas can be determined by any other mutually agreeable method which is of standard industry practice. Said calorimeters and gas chromatographs shall be tested for accuracy at regular monthly intervals during periods of delivery and should any test show it to be inoperative or recording in error as much as five (5) British Thermal Units, plus or minus, proper correction of SHEET NO. 5 recorded values shall be made for the period during which the recorder was inoperative or recording in error, and if this period cannot be ascertained, correction shall be made only to the values recorded during the latter half of the period which has elapsed since the last previous test. In determining the heating value of the gas deli.v.red hereunder, the decree of saturation ':)y water vapor of the gas to be delivered hereunder shall be assumed to be seven (7) pounds per million cubic feet of gas. (c) Only the time period during which such gas is actually flowing shall be used in determining daily averagas of metered pressure, specific gravity, flowing temperature and heating value. (d) The exchange of gas hereunder is based on the British Thermal Unit content of one thousand (1,000) British lherma.l Units per cubic foot of gas. Therefore, if the weighted average heating value of any gas delivered by one party to the other party during any vionth should be mere or less than one thousand (1,000) British Thermal Units per cubic foot, then the volu^-e so delivered shall be adjusted by calculation to a base of one thousand (1,000) British Thermal Unite per cubic foot of gas. 4. uality (a) Each party shell deliver to the other party hereto natural gas which is of merchantable quality and reasonably ftee from water and other objectionable fluids and from -,aid and other objectionable solids and which ccnt.vins no oxygen and not pore than five (5) grains of total sulphur nor more than one quarter (4) grain of hydrogen sulphide per one hundred (100) cubic feet of gas, not more than three perceit (3%) by volume carbon dioxide and nitrogen, and not more than seven pounds (7#) of water vapor per one mill:.oa (1,000,000) cubic fret of gas, shall be at temperatures not in excess of one hundred twenty (120) 4egrees Fahrenheit, and which ha.- a heat content of not less than nine hundred fi.£ty (950) British SHEET NO. 6 Thermal Units per cubic foot under the ;onditions of measurement contained herein. Lone Star shall not be obligated to accept any gas delivered by Cities (or its designee) hereunder if the gas has an interchangeability range in excess of plus or minis five percent (5%) of the interchan eability of gas then being transported in Lone Star's facilities at the Points of Receipt herein. Interchangeability as defined for the purposes of this agreement, shall be determined by the daily average heating value content of one thousand (1,000) cubic feet of gas expressed in British Thermal Units divided by the square root of the daily average specific gravity of tha gas. (b) If at any time the gas fails to meet the quality specifications enumerated herein, the party receiving such gas shall notify the party delivering such gas, and the delivering party shall i=ediately correct such failure. If the delivering party is unable or unwilling to deliver gas according to such specifications, the party receiving such gas may refuse to accept delivery of gas hereunder for so long as such condition exists. 5. Taxes (a) Cities agree to pay Lone Star, by way of reimbursement, all of any tax, lawfully levied and imposed upon Lone Star with respect to the exchange of gas and associated facilities related thereto. (b) The term "Taxes" as used herein, shall mean all taxes (other than ad valorem, capital stock, income or excess profit t;-es, general franchise Taxes imposed on corporations on account of their corporate existence or on their right to do business within the state as a foreign corporation and similar taxes), including, but not limited to, gross receipts tax, licenses, fees and other charges levied, assessed or made by any governmental authority on the act, right or privilege of transporting, exchanging, handling it delivering gas which is SHEET NO. 7 measured by the volume, heat content, value or sales price of the gas, or exchange or transportation fee levied upon :and/or paid by Lone Star with respect to the gas delivered hereunder. 6. Billing, Accountir and Reports (a) Cities and Lone Star recognize thy,: Lone Star delivers gas to Cities under other agreements. Cities and Lone Star also recognize that the parties currently transfer such gas among their power plants, (herein collectively referred to as "Cities Plants") as such power plants are defined as "Buyer's Plants" in the "WHEREAS" provisions of (i) the Gas Sales Contracts dated November 7, 1977 between each of the Cities and Lone Star, or (ii) any replacement Ga. Sales and Exchange Contracts between the parties hereto, which supercede such November 7, 1977 Contracts. Notwithstanding that physical deliveries are only made at the points of delivery as set forth in Article II of this agreement, it is agreed that in determining the prorated portion of the total volumes of exchange gas to be billed each of the Cities hereunder, during any month, the ratio of exchange gas hereunder to be billed during such month to each City to the total volume of gas exchanged hereunder during such month, shall be deemed to be the same as the ratio of the total volume of a?l gas physically delivered t,y Lone Star under all agreements between Cities and Lone Star at such City's individual Plants during such month to the total volume of gas physically delivered by Lone Star under all such agreements at all of Cities' Plants during such month. Nothing in this agreement shall prevent Cities and Lone Star from mutually agreeing to other methods of allocation. (b) On approximately tiie tenth (10th) day of each month, Lone Star shall render to each of the Cities statements for the preceding month showing the total SHFEI NO. g Mcf and MMBtu physically delivered at the Receipt Points and Delivery Points, the prorated volume as determined in this Article for each such City, the amount of compensation due to Lone Star from each such City, including tax reimbursement; and other information sufficient to explain and support same and any adjustments made by Lone Star in determining the amount billed. (c) Cities shall pay Lone Star, on or before the twentieth (20th) day of each month, for gas exchanged hereunder during the preceding month or as to payment which is otherwise due hereunder, according to the measurements, computations, and rates herein provided. If the invoiced amount of any payment due is not paid when due, interest on all unpaid amounts shall accrue at the rate of one and one half percent (V'%) per month; provided, however, no interest shall accrue on unpaid amcun.s when failure to make payment is the result of a bona fide dispute between the parties hereto regarding such payment. (d) Each party hereto shall have the right at all reasonable times to examine the measurement records and charts of the other party to the extent necessary to verify the accuracy of any statement, charge, computation, or demand made under or 3ursuant to any of the provisicns in this Agreement. If any such examinations rereal any inaccuracy in such billing theretofore made, the necessary adjustments in sucli billing and payment shall be made; provided, that no adjustments for any billing or payment shall be made for any inaccuracy claimed after the lapse of tvo (2) years from the rendition of the invoice relating thereto. 7. Respcnsibility Cities (or its designee) shall be deemed to be in control and possession of the gas until such gas shall have been delivered to Lone Star at the Receipt Points and after such gas shall have been delivered at the Delivery Points. Lone Star shall be deemed to be in control and possession of the gas after receipt of SHEET NO. 9 the gas at the Receipt Points and until such gas shall have been delivered to Cities at the Delivery Points. Each party shall have responsibility for gas handled hereunder, or for anything which may be done, happen or arise with respect to such gas, only when such gas is in his controi and possession as aforesaid. Each party shall bu responsible for any damage or injuries caused thereby until the same shall have been delivered to the other party at the Receipt Points or Deliver;: Pointe, except injuries and damages which shall be occasioned solely and proxir.:ately by the negligence of the receiving party. 8. Warranty Each party warrants to the ot;ier that at the time of delivery of gas hereunder it will have good title or the good right to deliver such gas and that such gas shall be free anA clear of all liens and adverse claims; and each party agrees, with respect to the gas delivered by it, to indennify the other against all suits, actions, debts, accounts, damages, costs (including attorneys' fees), losses and expenses arising from or out of any adverse claims of any and all persono to or against said gas. Title to and ownership of the gas delivered hereunder shall pass to and vest in the party receiving the gas. 9. Force Ma eure (a) In the event either party is rendered unable, wholly or in part, by force majeure to carry ont its obligations under this Agreement, it is agreed that, on such party's giving notice and reasonably full particulars of such force majeure, in writ:rg or by telegraph, to the other party within a reasonable time after the occurrence of the cause relied on, the obligations of the party giving such notice, so far as they are affected by such force majeure, shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause shall, so far as possible, be remedied with all reasonable dispatch. ~ viva, SHEET NO. 10 (b) The term "force majeure", as employed herein, shall mean acts of God; strikes, lock outs or other industrial disturbances; acts of the public enemy, wars, blockades, insurrections, civil disturbances and riots, and epidemics; landslides, lightning, earthquakes, fires, storms, floods and washouts; arrests, orders, directives, restraints and requirements of the government and governmental agencies, either federal or state, civil and military, and application of governmental conservation rules and regulations; explosions, breakage or accident to machinery or lines of pipe; outages (shutdowns) of power plant equipment or lines of pipe for inspection, maintenance or repair; freezing of wells or lines of pipe; and any other causes, whether of the kind enumerated or otherwise, not reasonably within the control of the party claiming suspension. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, and that the above reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demand of the opposing party when suca course is, or i, deemed to be, inadvisable or inappropriate in the discretion of the party having the difficulty. 10. Waiver of Breach The waiver of eithe: of any of the provisions of this agreement shall not constitute a continuing waiver of any other breaches of the same or other provisions of this agreement. 11. Remedy f,)r Breach Except as otherwise specifically provided herein, if either party shall fail to perform any of the covenants or obligations imposed upon it in this Agreement (except where such failure shall be excused under the provisions of Section 9 hereof), then, and in that event, the other party may, at its option (without waiving any other remedy for breach hereof), by notice in writing specifying ' SHEET NO. 11 wherein the default has occurred, indicate such party's election to terminate the Agreement by reason thereof, provided, however, that Cities' failure to pay Lone Star within a period of tee (10) days following Cities' receipt of written notice from Lone Star advising of such failure to make payment within the time specified in Section b hereof, shall be a default which shall give Lone Star the right to terminate immediately this Agreement, unless such failure to make payment is the result of a bona fide dispute between the parties hereto regarding such payment hereunder. With respect to any other matters, the party in default shall have thirty (30) days from receipt of such notice to remedy such uefault and to pay or indemnify the other party for all loss or damage incurred as a result thereof, and upon failure to do so, this Agreement shall terminate from and after the expiration of such thirty (30) day period. Any such termination shall be an additional remedy and shall not prejudice the right of the party- not in default to collect any amounts due it hereunder for any damage or loss suffered by it and shall not waive any other remedy to which the party not in default may be entitled for breach of this Agreement. For purposes of terminating this agreement, a breach of this agreement by any of the Cities shall be deemed to be a breach of all such Cities. AFFIDAVIT AND STATEMENT OF CONSENT TO CONTRACT RATE THE STATE OF TEXAS X COUNTY OF BEFORE `E, the undersigned authority on this day personally appeared !f ~ rMayor, City of Denton, Texas, and after being sworn stated as follows: City of Denton, Texas (Denton) states that it has voluntarily agreed to the rate for gas service set out in the Gas Sales and Exchange Contract with Lone Star Gas Company, dated %I!j ,i%^7c`jJY ! Denton stipulates that the rates in its contract with Lone Star are just and reasonable because at least one of the following conditions was met: (1} neither Lone Star nor Denton had an unfair advantage during contract nego Jations; or (2) the rates in the contract are substantially tte same as rates contained in contracts between Lone Star and two or more customers contracting under the same or similar conditions of service; or (3) competition exists either with another gas utility, another supplier of natural gas or a supplier of an alternate form of energy in regard to similar service provided in the agreement. CITY OF DENTON, TEXAS By iayor SWORE, AND SUBSCRIBED BEFORE ME this rl day oS. , 19~, to certify which witness my hand and seal of office. PHYLLIS MORR!5 \ v `NoUry PoOfie, stdi of imt as Pu lic i and for hh Ca nnm on Evim Ora 3, jW4 i~~~_ County, Tayas AFFIDAVIT AND STATEMENT OF CONSENT TO CONTRACT RATE THE STATE OF TEXAS X COUNTY OF °EFORE ME, the undersigned asthority on this day personally appeared o Mayor, City of Denton, Texas, and after being sworn stated as follows: City of Denton, TexaE (Denton) states that it has voluntarily agreed to the rate for gas service set out in the Gas Exchange Agreement^ with Lone Star Gas Company, dated Denton stipulates that the rates in its contract with Lone Star are just and reasonable because at least one of the following conditions was met: (1) neither Lone Star nor Denton had an unfair advantage during contract negotiations; or (2) the rates in the contract are substantially the same as rates contained in contracts between Lone Star and two or more customers contracting under :he same or similar conditions of service; or (3) competition exists either with another gas utility, another supplier of natural gas or a supplier of an alternate form of energy in regard to similar service provided in the ;agreement. CITY OF DENTON, TEXAS By ayor SWORN AND SUBSCRIBED BEFORE ME this DA day of 19q-~), to certify which witnesa my hand and seal of office. PKVItiS MORRtS a Pu is in- d for TTO { 1 R-'•q A-Vic. Still 91 IM ~.:;::et,~,,a►,in17.:+91 ,vv County, Texas i RAILROAD CO,124ISSION OF TEXAS GAS UTILITIES DIVISION IN RE: PETITION OF LONE STAR I GAS COMPANY FOR APPROVAL OF I GAS UTILITIES DOCKET NO. 14AIVER TO THE HONORABLE RAILROAD CO%DIISSION OF TEXAS: City of Denton, Texas hereby gives notice the corporation will not make an appearance in the subject docket and hereby waives its right to any hearing or proposal for decision in this proceeding as it relates to the original tariffs attached to and made a part of the Gas Sales and Exchange Contract dated ,~~5 1983 between City cf Denton, Texas and Lone Star Gas Company, a Division of ENSERCH CORPORATION. Respectfully submitted, CITY OF DENTON, TEXAS r BY Yyor RAILROAD COMMISSION OF TEXAS GAS UTILITIES DIVISION IN RE: PETITION OF LONE STAR X GAS COMPANY FOR APPROVAL OF X GAS UTILITIES DOCKET NO. WAIVER TO THE HONORABLE RAILROAD COMMISSION OF TEXAS: City of Denton, Texas hereby gives notice the corporation will not make an appearance in the subject docket and hereby wai-ies its right to any hearing or proposal for decision in this proceeding as it relates to the original tariffs attached to and made a part of the Gas Exchange Agreement dated 1983 ',etween City of Denton. Texas and Lone Star Gas Company, a Divisio.-I of ENSERCH CORPORATION. Respectfully submitted, CITY OF DENTON, TEXAS By M or VOL 1298PIJE9133 CC 2t6-EASEMENT. Marlin Stationery Co„ Dallas THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton RE,4L PR!)PER1Y ,CORDS 52462 THAT Bob F. Tripp and David E. Tripp, Trustees for the Bob E. Tripp Trust No. 2 of Denton County, Texas in consideration of the sum of one dollar ($1.00) and no cents - - - and other good and valuable consider3tion 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 B.B.B. & C.R.R. Co. Survey, Abstract No. 186 All that certain lot, tract or parcel of land lyint, and being situated in the City and County of Denton, State of Texas, and being part of the B.B.B. & C.R.R. Co. Survey, Abst. No. 186 and also being part of a tract of land as conveyed to the Bob E. Tripp and David E. Tripp, Trust-.ees for the Bob E.Tripp Trust No. 2 by deed recorded in V_olume 996, Page 379 of the Deed Records of Denton County, Texas, and more particularly des- cribed as follows; Beginning at a point in the east boundary line of said Tripp tract, said point lying south 00 59, 41" west 1814.08 feet from the northeast corner- of said Tripp tract, said point lying in the west right-of-way line of F.M. 2164 (North Locust Street); Thence south 00 59, 41." west along said line, a distance of 10.34 feet to a point for a corner; Thence north 740 10' 02" west, a distance of 512.10 feet to a point for a corner; Thence south 780 30' 41" west, a distance of 505,41 feet to a point for a corner; Thence north 890 06, 11" west, a distance of 533.78 feet to a point for a corner in the west boundary line of said tract; Thence north 10 15' 49" east along the west boundary line of said tract, a distance of 10.0 feet to a point for a corner; Thence south 890 06, 11" east, a distance of 531.78 feet to a point for a corner; Thence north 780 30' 41" east, a distance of 507.22, feet to a point for a corner Thence south 740 10, 02" east, a distance of 512.29 feet to the place of beginning and containing 0.3582 acres of land more or less. And it is further agreed that the said City of Denton in consideration of the benafits above set out, will remove Win the oropcrty above described, such fences, buildings and other obstn ciions as may now be round upon said property. For the purpose of construction, instilling, repairing and perpetually maintaining drainage facilities in, along, upon and across said premises, with the right and privilege at all times of the grantee- herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of ma king additions to, improvements on and repairs to the said drainage facilities or any part thereof. TO IIAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above describ,d. Witness our hand is this the 28th day of November A.U. 19 83 Bob Tripp Trust'Nb. 2 *4 - 0~ - By: _4E% Bob E Trip ru pttef - By: Davi Tripp, True e o x?98Pd~E98 ACKNOWLFDGMENT THE STATE OF TEXAS, COUNTY OF f)enteFi.- P)N lk BEFORE ME, the undersigned authority, on this day personally appeared DAd tO -ip l F t known to me to be the person whose name tS aubscrit ed to the foregoing instrument, and acknowledged to me that he. executed the carne for the purposes and consideration therein expressed. GIVEN, UNDER MY HAND AND SEAL OF OFFICS, This da of VI:M r BEie , A.D. 19 1~ 3 ti ......r►t ~S_et~.... Notary FUJGc, in and far the State of ecav PIy Commission Expires ........,.to."...Cl -..g ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF `Elen~' bACLAS BEFORE ME, the undersigned authority, on this day personally appeared PO8" -ra(PP.__. known to me to be the person whose name iS subscribed to the foregoing instrument, and acknowledged to me that he.. executed the some for the purposes and considerati n therein ex ressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, TFlie z da of ~,r~ (~...tl y A.D.I9R~. . Notary Fubl:c, In and for the State of Texas. Ply Comr fission Expires q ..45 _ CORPORATION ACliNOWLEDGNIENT THE STATE OF TEXAS, COUNTY OF. BEFORE ME, the undersigned authority, on thfs day personally rppeared known to me to be the person and officer whose name is subscribed t• the foregoing instrument ar.d acknowledg!d to me that the same was the act of the said _ _ - - - _ _ a corporation, and that he executed the same as the act of ouch cor ration for the Po purposes and consideration therein expressed, end in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of...... A.D. 19 (LS.) Notary Pisblic, In and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE 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 . M., and duly recorded this day of. A. D. 19, , at_ _ o'clock M., in the __Rccords of said County, in Vclume_.,.... , on Pagel., WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, cut office In _ , the day and year last above written. County Clerk . County, Texas. (1,.S.) BY Deputy. g T I! ' Or a 0. ~1 O I v J I to r0i A U A ~ r A Xi a ni E{i 4 Q c e„ J Z "moo. ~.E tU t7i ; Wf~ A ~v 'd cS ^I O M R, aj FYcllldsl). ~'a 67 y ~.c u~ W w w; a `T" so r c f 01 1 ~~i i~9~3Pb~~984 G WE 3M C::'1:K'S MEMa. Usibiiity of 1)0i 18 or pciati" L'ti:;ATISFACMRX = is tits Douumem wbm norm ar t 4 V. IA 2 ' O 1 N 114 I 1 O C~ i S 1? Vie S 1 1 1 _ ~ ` r1 O G- ~ 1Y nol as}N Q.~ 10 ~ Jc ' ~ N c Gl ~X ` C n 4*1 • Lj 1 b~ 1 ti , 1 N z ; 1 +ATF n~ T1x F nFN , 7, •nn TO lY, leby R `l D r cn Cr,,,~ c 2r'd Dann by m° a 0as OTwad Cn fl1Y 1 Nov a5 QeT d hc,pon by c re n. 2$1983 a J9 1 A • COUNTyCfERx O^nlonQV*.Iq~~ • - ~1 M+`r r Purolator Armored Inc. 1655 Vdb Puirolator Dallas, , T Tex, ix Road as 75208 arrmored 214/742.4473 DEC November 28, 1983 1r~. SFr Ms. Chris Hartung 1a7e City of Denton- 215 East McKinney Denton, TX 76201 Dear Ms. Hartung: Enclosed please find your copy of the fully executed contractual agreement between your business and Purolator Armored Inc. We at Purolator sincerely appreciate you letting us provide you armored ca: needs. Should you have any questions or need assistance, please do not hesitate to contact me. Sin :rely, 4 /wl Kenne h J. Gre.ernfd Regio Vice President KG/cw Enclosure 0 Purolator AC-2 armored ' 1111S A(;RI:FAIENT. made this 1st day of November 19 83 . betweell Purok for Armored Inc.. SOUTHERN Division, f ORT WORTH TEXAS (JIS) I+tatei . Ihcreinafter culled "PUROLATOR") and CITY OF DENTON (cu.to!ncr) 215 EAST MCKINNEY DENTON TEXAS 16201 (s;reetaddre%s) Icigl Rtah'1 Uipl (hcrcinaftercallcd the "C'USTONIFR"), WITNESSETEL• Forand in consideration of the mutual covenants and agreements and of the paynaenls hereinafter mentioned, the parties hereto agree as follows: 1. PUROLATOR agrees to call for and to receive from CUSTOMER, or its designated agent, and to re- ceipt therefor, scaled or locked shipments containing currency, coin, checks, securities, and other valuables except cash letters (hereinafter called "Property"), and to transport and deliver same in like condition, to the consignee designated by CUSTONIFR, between points in, and in accordance with, the following service and compensation Schedule, the charges in which are based on the liability assumed by PUROLATOR, pur- suant to Paragrap:t 7 hereof: The CUSTOMER and PUROLATOR agree thnt all service performed for the r"UST011ER by PUROLATOR in addition to service specified in this agreement and its exhibits, unless such service is per- formed pursuant to a separate written agreement between CUSTOMER and PUROLATOR, shall be per- formed pursuant to the provisions, terms and conditions of this agreement and that the provisions, terns and conditions of this agreement shall determine the rights and obligations of the parties with respect to any such additional service in the same manner and to the same extent as if such service ll:.d been specified in this agreement. SCHEDULE FREQUENCY OF SERVICE I-L-MLITY SERVICE (DAYS OF WEEK) PER SIRPMENT CHARGES Cell A,: 215 East McKinney Monday Set..P.dragraRh. 7 $193.00 Denton, Texas through Nlaxi.mum Per Month Deliver To Friday : Designated Bank s'"°'"°a"" Averge Cell Al: S Maximum Deliver To: $ Average %t,ached hereto arc properly executed amendment(s) to this contract is Exhihit(s) the terms and conditions of which are incorporated herein as if fully set Out. Insofar as special provisions contained in said amendment(s) hereto conflict with any of the provisions herein, such special provisions shall control. The above schedule shall be performed on PUROLATOR's regular roules unless otherwise stipulated in Exhibit A attached hereto. HOLIDAY SERVICE If a day designated in the above schcclUlc or any schedule amendments fall on a Sunday, k legal or other holiday, the charges for such holiday service shall be as specified in Exhibit 3. Tne`C•USTONIER a.-rocs it will caltse :II Property delivered into the care of PUROLATOR to be securely sealed or locked and clearly lalocled with the consignor's and consignee's name and address, and that it will not conceal or,nisreprescnt any mabzrial fact or circ,trnstanccs concerning the Property delivered to PUROLATOR pursuant to this acreCnent. 4. The CUS'FONIER agrees to pay PUROLATOR within fifteen (15) days of presentation of periodic invoices, the cflorgcs stated in the abPVC schedule for Cite ServicC stipulated therein and federal, state and local tuxes, where applicable, shall be added to said charges. 5. SURJI:CT~~TS~O THEitTERNIS AND CONDITIONS ((e' 'e P~) ON THE g~VERSE SIDE HERE s OF, service rider I` .C.~roci font shall commence A lt the e I...~.......""'' 19........., and Shall COMILE' for period expiration the time set forth in the preceding sen- tence, the agreement sluali be automatically extendcd from month to month until either terminated by .eitlier party on thirty (30) days' written notice or until a new agreement is signed. 6. No waiver by PUROLATOR of any breach of any provision herein shall constitute a Wa..Cr any other breach or of such provision. All prior agreements between the parties or their predecessors ping to the services specified in the schedule on page ) hereof are superseded by this agreenlcnt. IN WITNESS WIffREOF, the parties hereto have executed this contract as of the day, and year first above written. "UST ITY OF DENT Vi PUROLATOI~RED 1NC By.... L.~sa......... lG; E3y..,..... Cic Mana......&.e .eg Vic resident Title ..........,Y......K Title........... CTK ?/81 (Continued) 7. PUROLATOR agrees to assume Ianbility, as hereinafter limited, for any loss, d ttnage or destruction of Propcrty (liercinafter called "loss") from the' tinge it is received by PUROLATOR until such time as it is de- livered to the consignee designated by the CUSTOMER to receive same, or, in 1110 event of non-delivery, until its recur, to the CUSTOMER, but PUROLATOR does not assume liability for Property while in safe(s) on the CUS f01IFR'S premises. The sole liability of PUROLATOR in the event of loss front whatever cause ex- eCpl as hereinafter furtherlimited, shall be payment to the CUSTOMER of' the following in the amount indi- cated, which stint shall not exceed the niaxiin um amount set forth, in the schedule on Page I of this contract for the designated shipment. (t) C'IIECKS CUS OGi~Ruriderslands that the rna.rimu;n face value of checks tendered to PURO- LA LOR will not exceed S 0] boo. 00 but that PUROLATOR'S sole liability for the loss of checks is limited to A) S 20 000, 00 ~n the aggregate for: a) Reasonable costs necessary to reconstruct the checks plus where the checks are reconstructed, any necessary costs because of stop-payment procedures. Payment for wages shall only be made for wages paid extra ertlploy"s or overtime wages paid to regular employees required to reconstruct the checks. b) The face value of the checks which cannot be reconslmded. The CUSTOMER agrees with PUROLATOR that in the event of loss, it will cooperate to the fullest ex- tent to which it is capable in reconstructing checks constituting a part of said loss. (2) CASH, COIN, SECURITIES AND OTI b6LbIABLES - PUROLATOR'S sole liability in the event of loss of said items will be limited to B) S 0 PUROLATOR'S TOTAL LIABILITY IN CASE OF LOSS IS LIMITED TO 5120,000.0 4A+B above). It is understood and agreed by the parties to th ~greenlent that the words "reconstruct", "reconstruct- ed", anti "reconstruction" shall mean to identify the checks only to the extent of determining the face amcunt of the said checks and the identity of the maker or the endorser of each. It is further understood and agreed that the word "shipment" wherever used in this agreement shall meals a single consignment of one or more items of property from one shipper at one time at one address to one consignee at one destination address. 8. The CUST0:1tEiR agrees to notify PUROLATOR in writing of any claim for loss within twenty-four (24) hours after loss is discovered or should have been discovered in the exercise of due care, arid, in any event, within forty-five (45) clays after delivery to PUROLATOR of the Property in connection with which the claim is asserted, and unless such notice shall have been given, such claim shall !le deemed waived. The CUS- TOMER further agrees to furnish proof of loss in a form satisfactory to PUROLATOR or its insurer and promptly assist PUROLATOR or its insurer in all ways pertaining to recovery of said loss. Upon payment of loss hereunder, PUROLATOR or its insurance company shall be subrogated to all the CUSTOAIER'S rights and remedies of recovery therefore. 9. > UROLATOR agrees to cover with insurance the liability assumed in Paragraph 7 and a certificate of such insurance will be furni:,:ied to the CUSTOMER upon written request. For the protection of CUSTOMER in view of the liability' assumed in Paragraph 7, CUSTOMER or PUROLATOR may cancel and terminate this agreement upon one (1) day written notice in the event PUROLATOR'S cargo insurance shall be either cancelled or substantially altered or PUROLATOR'S insurance underwriter shall notify PUROLATOR of its intention to cancel or substantially alter PUROLATOR'S cargo insurance. 10. Notwithstanding any other provisions of this agreement, it is agreed PUROLATOR shall not be liable for any loss caused by or resulting from: (a) (1) Hostile or war-like action in time of peace or war, including action in hindering, combating, or defending against an actual, impending or expected attack, (a) by any Government or sover- eign power (de jure or de facto), or by any authority maintaining or using military, naval or air force, or (b) by Military, Naval and Air Forces; or (c) by any agent of any such Government, power, authori:~ or forces. (2) Any weapon of war employing an atomic fission or radioactive force whether in lime of peace or war. (3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, conlbalingordefending against such an occurrence, seizure ordestruc- tion under quarantine orcustonts regulations, or confiscation by order of any Government or public authority; or risks of contraband or illegal transportation or trade. (4) Nuclear reaction or nuclear radiation ,-,r radioactive contamination: all whether controlled or uncontrolled, and w}tetler such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) for which lial ility is assumed by 1 UROLATOR; however, subject to the foregoint and to all other provisions of :his con- tract, PUROLATOR shall be liable for direct loss by `,re resulting from nuclear reaction or nucfcar radiation or radioactive contanlin,ition. I b) Shortages Ci iinled in the contents of tl-e sealed or locked shipments. (c) Non-performance or(' lays; but PUROLATOR agrees to be liable for the safety of any Property re- ceived into its posses.,.on at any time not to exceed the waxinium emount staled in the schedule oil page I hereof. (d) PUROLATOR shall not be liable to customer for failure to furnish any vehicle or render any ser- vice if prevented by wars, tires, strikes, or other labor troubles, acts of God, or where during the existence of any strike or labor disturbance PUROLATOR determines that in its judgment the sane may endanger the safety of CUST0IIF.R'S cargo or PUROLATOR'S vehicles or employees. (e) Breakage of statuary, marble, glassware, bric-a-brac, porcelains and similar fragile articles. IN WITNESS WHEREOF, PUROLATOR and CUSTOMER have Caused this contract to be signed by their duly authorized representatives on the reverse side hereof. f~OY 1 G Jy;~,? r Purolator Ar Rev-10-17-83 AMENDMENT rtCONs~ Inc. Amendnxnlto comrismdated November 1, 1983 between Purolator Armored Inc., and CITY OF DENTON Customer 215 EAST MCKINNEY DENTON, TEXAS 76201 ntmurvalconseal,effecliveonFad after December 1, 1983 pan,culars, to wit: said entttrwl Is amended In The loUorlnS _ _ HOLIDAY SERVICE: PUROLATOR ARMORED agrees to provide the service outlined in this agreement vith the following Holiday Exceptions; New Year's Day Labor Day Washington's Birthday Thanksgiving Day Memorial Day *Christmas Day Independence Day *(,No Service Available) And future designated Holidays as granted to Purolator Armored's employees. A CHARGE of $25.00 per pickup will be added for service on the above days- Holiday Service is not performed unless specifically requested. WAI1ING TIME: A Maximum of 5 minutes is allowed per stop. In the event a customer CONSISTENTLY REQUIRES additional time, charges will be made on a reported basis at the following rates: 1 through 5 minutes/base service. 6 through 15 minutes ...$1.00 Per Minute. If waiting time is over 15 minutes the Guard will leave the customer and pickup at a later time, and customer will be charged $35.00 for a Special Pickup. Purolator agrees to deliver $6,000.00 from Customer's Bank to Customer one time eyery other week at same time as deposit pick up. Charge for this service is included in monthly rate of $193.00 Also included is our pick up and delivery of check (approximate value of $2,000,00) to Customer's Bank. However, we assume no further liability for this service. twn% u amended above, the rxittnal apeement between the mks hereto remaitu urnhangtd ud all terms, conditions and hmitatioeu remain in the full force and etTecl. As herein amended said contract Is Paeby ratified and oonlI med. IN WITNESS WHEREC,F the parties hereto have executed this rider the J St day of November 19 83 Purolator A~ re an BY ~ CITY OF E TON a re /r - R Iona Ice President BY: TITLE c ~c.rt TITLE City Manager EXHIBIT A MGCA Statement LONE STAR GAS COMPANY - TRANSMISSION DIVISION STATEMENT OF GAS COST ADJUSTMENT AND CITY GATE RATE* EFFECTIVE DECEMBER, 1963 IN ACCORDANCE WITH ORDER OF TEXAS RAILROAD COMMISSION UNDER DOCKET NO. GUD-3543 Line Mcf Amount Amt./Mcf 1 Estimated Gas Purchases 41 604 000 $155 009 000 $ 3.7258 2 Plus Estimated Withdrawal From Sto7&,je 1 904 000 6 175 000 3.2432 3 Less Estimated Injection Into Storage 736 000 2 800 000 3.SO43 4 Estimated Net Gas Received Into System 42 772 000 $158 384 000 3.7030 5 Ratio Volume Sold To Volume Received - •9754 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) 3.7964 7 Plus Gas Cost Correction Factor (MGCCF) Based On October, 1983 .0077 8 Less Base Cost Of Gas Included In Base Rate 3.51j7 9 Less Extracted Products Revenue Adjustment (MEPRA) Based On October, 1983 .0944 10 Plus Base Extracted Products Revenue Per Mcf .0890 11 Pius Out-of-Period Adjustment Per Mcf (NOP:+) ''ased On October, 1983 .0143 12 Subtotal .2935 1J State Utility Tax Recovery Factor X 1.0025 14 Cas Cost Adjustment NGCA) 2942 15 Plus Base City Gate Rate 4.0200 16 Regular City Gate kate 4.3142 17 Less Credit Pursu?nt to FERC Incremental Pricir; Surcharge .0000 18 City Gcte Ra a $ 3 *Intracompany charge to the Company's distribution divisions for sale to residential anel commercial customers and for distribution company-used and unaccounted-for gas. IN I'llL NIATTER OF CITY OF DENTON CHARLOTTE ALLEN 1'm: srATE OF TEXAS Roy Appleton, Jr. County of i)vnton being duly sworn, says he is the General Manager of me Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dales: -1612 Annexing approx. 367 acres 208 lines $83.20 NOVE14BER 259 1983 ~ - day of ` NOVEMBER fjq--~ 83 Subscribed and sworn to before me this 28 W itness my hand anti official seal"Notary ~ _ Public, Denton County, Texas PUBLIC NOTICES 2.1617 )TICS B III'.1 NG AR TRACT Of LAN11 Ial'I{I CONTIGUOUS AND AM PAPER 1ACEN► TO THE CITY OALL T O H A T LOT,4TRACT ON T I IIE NATTER OF TIIE SISTING OF LAPPROXfMATELY 367 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND - BEING PART OF THE O BREWSrER SURVEY, ABSTRACT NO. $6, A. THOMPKINS SURVEY, ABSTRACT NO. 1746, A. HICKMAN SURVEY, ABSTRACT NO. 321 AND AFFIDAYITOF MI]LISHER TO THE J. EDM ON OSON SURVEY, ABSTRACT NO, PUBLICATION OF LEGAL NOTICE 400. DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICUL TURAL "A" DISTRICT PROPERTY; AND DE. H14•41 tht• Ilnc CLARING AN EFFECTIVE DATE, WHEREAS, the request for annexation was Introduced at .19 a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texas; and - WHEREAS, an opportunifywas afforded, at a public hearing held for that purpose On the lath day' of OcfoWr, Well, in line Courrcil Chamber for all inlerested s ersons to state their views and present evidence bearing upon the annexation provided by this Ordinance; and WHEREAS, an npporfuniiy Depuq was afforded, at a public nea• ing Held fnr that purpose On the 1st day of November, 1983 In the Council Chambers for all interested persons to state their views and Present evidence bearing upon the annexation provided by this Ordinance; and WHEREAS, this 4Kdinance has been published in'dI at least one time in the olficial newspaper of the City of Denton, Texas, prior to its effective dote, and after the public hearing!; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1, That the hereinafter de scribed tract of land be, and the same is hereby annexed to the City C11 Denton, Texas, and the same is made hereby a Part rd said City and the land and the Present and future inhabitants thereof shall be entitled to all the rights and Privileges of other Cir,, ens 0.1 said City and shall be bound by the acts and Orcinances of said City hew in effect or which may hereafter be enacted and the Property situated therein shall be sublecl to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as follows, 10 WW All that certain tract or parcel of land lying end being situated in the County Of Denton, State of Texas, and being-part of the 0, no. 56, A. Thompkins Survey, Abstract No. 1216, A. Hickman Survey, Abstract No. 521 and The J. Edmonton Surve;~. Abstract No. 400 and being more particularlV de scribnd as follows: 8EGI4NING at a point in line present city limits as eslabrshr d by Ordinance N0. 60 40, saia point lying in the intertecl,o-l of the west right of way line of the G.C. h S.F. Railroad with the south boundary line of the A. Hickman Survey, Abstract N0. 521; THENCE west along the south boundary line of said Hickman Survey, a distance of 1730 feel, more rd less, too ,70inf Iw a rnr,wr ,.irrr being Tne southwest EOrner the said Hickman Survey; THENCE north along the west boundary line of the said Hickman Survey, a dis, tance of 2170 feet, more or less, to a point for a corner lying in an east and west county road (Roselawn); THENCE west along the center of said county road a distance of 1880 feet, more 0• less, to a point for a tonne, it the watt boundary line of the J Edmonson Survey, Abstract no. 400 and the east boundary line of the W. Saivis Survey, Abstract No. 1174; THENCE north along the CIO boundary line of the tiV. Saivis Survey, a distance c' 1100 feet, more or less, t0 a point for a corner, •dme being flue northeast cor,rer of the W. Saivis Survey, said point also lying ir. an east and west count y ro i d; 1HENCE west along the oath boundary line of the W. Saivis Survey, same being in Ine said county road a dis lance of 1500 feet, more w less, to a point for a corner in Ine present city limits as established by Ordinance No. 69-A1 Tract i I, sdid point also lying Soo feet east of and perpendicular !0 the cM ferline of I.H. 35W; THENCE north 26 degrees 51' 40" eaO along ;aid pres- ent city limits 1241.% feet, more Of less, to a point; THENCE north 20 del.rees 50' 12" east along said pies enl city limits a distance of 3327, 79 feet, more or less, to 8 point for a corner in the west right of way line of the G.C. 6 S. F. Railroad; tHENCE soutneasterly along the present City limas es established by Ordinance No. 60 40 same being the west right of way line of the 0 C. 6 S.F. Railroad a dis Lance of 9973.85 feet, more or less, to the place of beginning and cordaining 167 acres of Iand, more or less. SECTION It The above described pro- perty is hereby classified as Agrlcultura! "A" District and shall so appear on the. official coning map cl the City of Denton, Texas, which map is hereby ameneded accordingly. SECTION III This ordinance shall be e1 fective immediately upon its passage. Introduced brfore the City Council on the 22nd day of November, 1983. PASSED AND APPROVED by the City Council on the • MMMMMJ day of • , 1913 IN TIIE mArrmft of CITY OF DENTON CHARLOTTE ALLEN _ TIIESTATE OFTE;CAS [toy Appleton, Jr. Cuurtt) of l)enlon being duly sworn, says he is the General Manager of the Denton Record -Chronicle, a newspaper eif general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: Z-1621 Annexation vroceedinPs 139 Sines $55.60 NOVEMBER 259 1983 _ day of - NOVEMBER _-83 Subscribed and sworn to before nun this 28 Witness, my hand and official seal' ~Yl~e Notary Public, Denton County, Texas SOUl11 COCUSr; Vern.na r6101 and 377 Minneso}a I '•treet, Satnt Paul, Min y~}e,Nref e,v~t~r. ~t tO Z-1621 NOTICE Of PUBLIC HEARINGON CONTEMPLATEO l NOTICE: 13) HII. N?i,._. y ANNEXATION 1 NOTICE it HEREBY FROM PAPER GIVEN TO ALL INTER ESTEDPERSONSTHATi IN THE MAT'1 E,R OF Till" The City of Denton, Texas, proposes to institute annexe t ion proceedings 10 alter I" boundary limits of said City to add the following de scribed territory to the cor porate limits of the City of Denton, 10 wit; All Ihal certain lot, tract or parcel M land lying and being situated in the County of Denton, State of Texas, and being part of I" W. Dobbs Survey, Abst. No. 326' and the J. West Survey, Abst. AFF IDAVIT OF PUBLI SIIE,R TO No. 1371 and being more particularly described as PUBLICATION OF LEGAL NOTICE. par follows, BEGINNING at a point in the present city limits. S3iJ city Ilmlts being established Filed file day by Ordinance Na. 7436 Tr. 11, said point yfng 350 feet north of and perperldicWar to Me centerline 01 U.S. Mfghway . 14 380 and in the east boundary line of the W. Debts Survey, Abst. NO. 328, same being the west boundary line of the J. Williamson Survey, Abst. No. 1418; THENCE north a" said survey lines passing the - northeast corner of said Dabbs survey, same being the southeast corner of the said West survey and conti- nuing north passing the northwest corner of the said Williamson Survey, same Rs. . Drpul)' being the southwest corner of the A. Calvin Survey. Abst. - - - - No. 306 and C0111inuin9 north to a point for a corner, said point lying 10,560 feet north of and perpendicular to the said present city limits; 1 HENCE westerly 10,S60feet north of and parallel with the said present city limits 10 a cpoint for a corner In the east boundary line of a tract of land conveyed to Ray Lynch by deed and recorded in volume 671; Page 121, of the +)eed Records of Denton County, Texas; THENCE south along the east boundary line of said Lynch tract to a point for a cornet, said pofn; Iving 10,060 feet north of aid perperdhu far to the said present city limits; THENCE aaslerty 10,060 feet north of and parallel with said present city limits to a I - point for a corner, said point lying SM feet west 01 the east boundary line of said West Survey, same being 1M west boundary tine of said Calvin Survey; THENCE south 5M feet west of and parallel with said survey line to a point for a corner in said present city limits, said point tying 350 feet north of and perpendicu- lar to the centerline of U.S. H I ghw ay 380;, THENCE easterly along said present city limits and 350 Peet north of and parallel with the centerline of U.S. Highway 380 to the place of beginning and containing 115 acres of land more or less. 363 a: dot, east-tomdary v ^4 line of the w. Dabbs Sorvey- Absl. N0. 378, same beirp the west boundary line of The J. 1Yiliiamson Survey, Abst. No. 1419; THENCE north along said survey lines passing the - --northeast corner of said Dabbs survey, same being the southeast corner Of the said Nest survey and conloF nuing north passing the northwest corner of the said williamson Survey, same Bs Deputy being the southwest corner Of the A. Calvin Survey, Abst. No. 306 and continuing north to a point for a corner, said point lying 10,3a0 feet north of and perpendicular 10 the said present city limits: THENCE s. esterly 10,560 feet north of and parallel with the said present city limits la a point for corner in the east boundary line of a Tract of rand conveyed to Ray Lynch by deed and recorded in Volume 871, Page 471, of the Deed Records of Denton County, Texas; THENCE' vfulh along the east b,wndiry line of 6aid Lynch tract to a ojin1 for a corner, said point lying 10,DW feet north of and perpen~icu lar to the said present city limits; THENCE easterly 10,060 feet north of and parallel with said present City limits to a point for s corner, said point lying 300 feet west of The east boundary line of said West survey, same being The west boundary line of said Calvin Survey; TH ENCE south 500 feet west of and parallel with said 1 survey line to a point for a corner in said present city iimils, said Dint IYin9 350 feel north of and perpendicu lar to the centerline Of U.S. Highway 380: THENCE easte'lq along said present city limits and 350 feet north 04 and parallel with the centerline of U.S. Highway 380 10 Ire place of beginning and containing ITS acres of Iand more Of less. A Public Hearingwill be held by and before the City Council of the City Of Denton, Texas, on the 6th day of December, 1983, at 7,00 o'clock, in the City Cached Chamber of the Municipal Building, for all persons in lerested in the above Pre posM annexation. At said time and place all such persons shall have The right to appear and be heard, Of all said matters and things, all Fersons Interested in The things and matters herein mentioned, will take notice. A Public Hearil,g will be held by vol abefore the City Council of the City of Denton, Texas. on the 701h day of December, 1983 at 7:00 2'clock p.m. In the City Council Chamber of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such p?rsorls shall have the right to appear and be heard. Dt art said matters and Ihings, all persons interested in the things and matter: herein mentioned, will take notice. Richard O. Stewart Mayor Cityof Denton, Texas Attest: Charlotte Allen City Secretary NOVEMBER 25. 1W2 IN TIII• MATTER OF CITY OF DENTON CHARLOTTE ALLEN TIIE SI'ATF OF TEXAS Roy Appleton, Jr. Count+ of l)rnton heing duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Donlon,'I'exns, preceding the date of the attached notice, and that the said notice was published in said paper on the following dates: Z-1611 Annexin¢ aoprgx. 43.4 arras 165 lines $66.00 NOVEMBER 25,19$3- 1 - , Subscribed and sworn to be:'ure men lhilbi_s~_ 28 day of NOVEMBER 19 83 _ Witness my hand and official seal. Notary Public, Denton County, Texas AN ORDINANCE ANNEX, iNG A TRACT OF AND CONTIGUOUS ANDL AD OTICE 111 F 11r' ~O• - 1ACENT TO THE CITY OF •.NTON, TEXAS: BEING (ONI PAPER PARCEL TOFO LANDC:ON IN' HE MATTF.IZ OF THE SISTING OF A?PROXI MATELY 439 ACRES OF LAND LYING Ah'O BEING _ SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE 0. BREWStER SURVEY, ABSTRACT NO. 56, DEN' TON COUNTY, TEXAS; CLASSIFYJNG THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EIFECTIVEOAIE AI•FIDAVITOFPLMASII1'.RTO . WHEREAS, 1111 reQVesf rot annexation was introduce for PUBLICATION OF LEGAL \OTICF. a regular meeting of 14 City Council Of the City of Demon, Texas, on IN Pennon of the City Of Denton, Texas: and ins . W'HLREAS, an opw,rfunily hlr•rl the f was afforded, at 6 public hearing held for that purpose On the 16th day of October, • ~9_ 1963, in the council Cham bers for all inleresled persons 10 state their views 111i, and present evidence bearing It upon the annexation pro. a vided by this ordinance; and WHEREAS, an opportunity w. was afforded, at a public hearing held for that purpose On the to day of November, , 1983 in the Council Chamber ,for all Interested persons to - state their views and present " evidence beating upon IN annexation provided by this Deputy ordinance; and Y. - WHEREnS, this ordinance has been puhfished in full at + least one titre In the official e newspaper of the City Of 6Denton, Texas, prier to its effective date, and after the s.. pub',e hearings; NOW, THEREFCTE. THE COVNCIL. OF THI CITY OF I DENTON, TEXAS, r' HEREBY ORDAIN.: SECTION 1. That the herII de scribed tract of land be, and , y the same Is hereby annexed 10 the City of Denton, Texas. and the same is made hereby a part of said City and the land and the present and Future inhabilan,s thereof Mall be ent,}led M all the rI^,1ix and priviley is of other citizens Of said City, and %hall be bound by the Kts and ordinances of sale City now ,N In Htacl or Phlch rnaY hereafter be ena,:fed and the property situeled therein M6I1 be SVbjelel to and shat' bear Its prore'a part of the taxes levied, oy the City. The '•r Tract of Janu hereby annexed ` is described as fellows, to- wit: All that certain tract or ` parcel of land lying and being situated In she County , of Denton, Stale of Texas, Y• and being part of the O. - Brewster Survey, Abstract No. 56 and being more particularly described as fol lo*v BEGINNING at a point in tno oresent city limits said point lying at Ine Intersection 01 Me well boundary line of the tract described in Ordl nanC1 No. 6940 with the C C N T JN, 1 C' X.i S, HE RE BY ORDAIN S: SECTICN 1. I Thal the hereinafter de xribed tract 01 land be, and Ina Same is hereby annexed 10 the City of Demon, Texas, and the same is macie hereby a part of said Crty and the lard and the presem and luture inhabitants thereof anali be enfilled to a9 the ' rights and pr-ivilege% 00 Other cil4ens of said City and shall 4q be bound ky the arts and w ordinances of said oily row In effect or which may - hereafter be enacted and Me r n properly situated therein shall be subject to and shat' bear its prorate part of the t ti,t taxes IevlLd by the Ci'y. The Tract of land hereby annexed is described as follows, to. wit All that certain erect or parcel of land lying and being situated in the County of Denton, Slate of Texas, , and being port of (tie 0. Brewster Survey, Abstract ; No, 56 and being more particularly described as follows BEGINNING at a point in the pretieol city irrnits said point lying at the in lersechon of trio west boundary line of the tracl described in Ordi nonce No. 69 x0 with the southeast corner of the tracl described in Ordinance Nu. 60 $6, said point also lying $09 feet west of and perpendicu lar 10 the centerline of I.H, 7sw; THENCE south 22 degrees ' 01' 02" west along said pres ent city limits As esldblrshed by Ordinance 69x0 and SOu feet west of and parallel wrr,. line centerline of I.H. 35W, a distance of 1427.56 feet to a point for a corner in the South boundary of a (Tact described in Volume 725, Page 765 of the Deed Records of Der for County, 1 exas: THENCE north 69 degrees 38 30" west along the south , boundary line of said Tract a - distance of 120x.77 legit to a Point Wr a corner, same,'' being Ine southwest corner of saldlracl: y; THENCE north 2 degrees 43' east 8109 the west boundary 1W line of said tract a distance of 1322 74 feet to a point for a '4: corner In the present city a. limits as established by Dr• w dinence N0. 90 67i THENCE south 09 degrees w' east along the present city limits a distance of 1681.22 feet to trio place of boginning and containing 43,9 acres of PAM, more or ess. SECTION II , The above described pro MTN It hereby classified as. Agricultural "A" District and shall 10 appear on the official wing map of the City of Denton, Texas, which' map fa hereby amens led acCOrdrngty, , SECTION 117 This ordinance shall be of fective immediately upon its passage. Introduced before . the City Council on the 22n4 dayof November, 1983, PASSED AND APPROVEO by the City Council Ws the dayof 1983 Richard 0. 'fewart Mayor, ATTEST y, Charlotte Allen ■v City Secretary rt+ City of Denton. Texas r^ approved as to legal form CJJarlor,Jr I City Attorney City of Demon, Texas NOVE NIBER 25, 1981 IAN TIIE MAT FER OF CITY OF DENTON CHARLOTTE ALLEN TlIE STATE OF TEXAS Roy Appleton, Jr. Count) of 1)vnlon being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not Iess than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following dotes: 2-1610 Annexing approx. 1014.4 acres 246 lines *98.40 NOVEMBER 251 1983 10 Subscribed and sworn to before me this.- 28 duy of _ NOVEMBER ~ ,IQ 83 -_.V. Witness my hand and official seal. Notary Public, Denton County, Texas - 1.1610 HER AN ORDINANCE ANNEX iCE ItI I'l:Bi.l ING A TRACT OF LAND CONTIGUOUS AND AD1PAPER JACENT TO THE CITY OF DENTON, TEXAS; BEING IN THE MATTER OF THE !LL THAT LOT, TRACTOR I•nRCEL OF LAND CON MATLgt OF APPROXI _ a qCRES OF LANG LYING ANU •c 1rra SITUATED IN'THE COUNTY OF OENTCN, STATE OF TEXAS AIN BEING PART OF THE B B U IS C,R.R CO. SUR VEY, ABSTRACT NO. 193,1 - - W. BRYAN SURVEY,' ABSTRACT NO. 148, J. PERRY SURVEY, ABSTRACT NO 1W0, A. AFFIDAVIT OF1111HASHERTO COBERLY SURVEY, ABSTRACT NO 1541 AND PUBLICATION OF LEGAL NOTICE THE J. SCOTT SURVT:Y, ABSTRACT NO. 1297, DEN TON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" fi ~rl~ 161• DISTRICT PROPERTY; AND, DECLARING AN EFFECCTIVEDATE. WHEREAS, The request for annexaton was introduced at a regular meeting of the C Ity Council of the City of Denton, ! Texas, on the petition of the l C'tyOf Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on Tne 181h day of October, 1983. in The Council Cham berg for ail interesie7 persons to state their views, and present "fdence bearing VY~IIIDV upon Ine 'annexation pro 8s vlded by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 15t day of November, 1983 in The Council Chamber for 0'1 Interested persons to state the r views and present evldencr exering upon the annexation provided by this Ordinance! aMt WHEREAS, this ordinance has been published in full at least one time In the official ne Wspaper of the City of DMfon, Texas, prior to q% ellcclive date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF ID ENT0IN , TEXAS, HEREBY ORDAINS: SECTION I. Thal the hereinafter de scribed tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future Inhabitants thereof shall be entitled to all the rights and privileges of other c;Ntens Of sold City and shall b 4t bound by the acts and ordinances of said City now Ifin effect or which may hereafter be enacted and the property situated therein shall be subwl to and shall bear its prorate part of The taxes levied by the City, The tract of land hereby annexed is described as fJitows, to Will. .Ali Thal cerfain tract or parcel of land lying and being situated in the County of Dental, State of Texas. M.n ci1 . w. NO. 192, W. Bryan Survey, Abstract NO. 148. J, Perry Surrey, Abstract No. 1040, A. Coberty Survey, Abstract NJ. 1542 and the J. $colt Survey. Abstract No. 1222 and being more particularty described as follows! BEGINNING at a point in the present city limits as established by Ordinance No 19 26, said point bei,ig the intersection of the north right of way line of Jim Christal Road with the west right of way fine of the G C Is S.F. Railroad: THENCE south 89 degrees 36' 10" west along The north right of way I,ne of said Jmi Christal Road, same being sold present city limits, a distance of 648.3 feel to a point for a corner; THENCE north 21 degrees 51' west alone said present city limits a distance of tars f eet f o a point I or a corner; THENCE north 6a degrees 09' east along said presets city limits a distance of 600 feet to a point for a cor oer in the west right of way line of said G.C.6 S.F. Railroad; THENCE north 21 degrees S1' west along The present City limits as established by Ordinance No. 6% 43, same being the west right M way of said G.C. 6 S.F. Railroad a distance of 2928,15 feel to a point for a Corner, said point lying 300 feet south of 1ne ce Merlin of U.S. Highway 380; THENCE north 88 degrees So' west along the present city limits as established by Ordinance No. 69 40, 300 feet south Of and parallel w ilh the centerline of U.S. Highway 380, a distance of approxl mately 2941.11 feel 10 a point for a corner; THENCE south 0 degrees 01' 14" east along the present city limits as established by Ordinance NO. 7983, a dis lance of 218,08 feet to a point for a corner; THENCE north 88 degrees 45' SS" west along said pre% ent city limits a distance of 300 feet to a point for a corner; THENCE rrorth along said present city limits a distance of 220.67 feet to a point for a COi ner; THENCE north 68 degrees SO' west along the present city limits as established by Ordinance No. 69 40, 300 feet south of and parallel with the centerline Of U.S. Highway 300, a distance of approxi enately 1567.11 feet to a point for a Corner; THENCE south along the present city limits, as established by Ordinance No. 8251, 1250 feet east of and parallel with the cenlcriine of Underwood Road a I lance of approximal+' ,100 feet to a point for a corner said point tying In the cen ter tin! of J i m C hr ista f Road; THOICE--westerly along said present city limits some . being the centerline of Jim Christal Road a distance of approidmalely 115 feet to a point for a corner; THENCE south along the present city limit as established by Ordinance .0 6V$3 ddistanceOf3911ftA10 a point for a corner; . THENCE east along said eresent elty limits a distance mately 2941 T1 feet to a point for a caner; THENCE soutl. 0 degrees 01' 14" east along the present city limits as eslabhshed by Ordinance NO. 79 83, a 06 lance of 718 06 feet to a point for r corner; THENCE north 60 degrees AS' 55" west along said pres ant city limits a distance of 307 feet to a point for a corner; THENCE north along said present city limits a distance of 721 67 feet to a point for a corner; THENCE north 88 degre:s 50' we•t along the present city limits as established by Ordinance No. 69 40, 300 feet south of and parallel with the centerline of U.S. Highway 380, a distance of approxf malely 1567.11 feet to a point for a corner; THENCE south etong the present city limits, as established by Ordinance No. 87 32, 1250 feet east of and parallel with the centerline of Underwood Road a dis Lance of approximalefy 3700 feet to a point for a corner said point lyinc in the cen ferlineof Jimt is IRoad; THENCE AL',,e(ly along said present c,tj limits Same being the centerline of Jim Christal Road a distance of approximately 12' fee! to a r )int fora corner; 1'THENCE south along the present city limits a', established by Ordinance No, 69 40 a distance Or 3971 feet to a point for a corner; THENCE east along said present city limns a distance of 6099 feet to a point for a corner; THENCE north along said present city limits a distance of 3972.06 feet to a point for a corner; THENCE north B9 degrees 3610" Cast along said pre$ ent city limits a distance of 30S feet to a point for a corner; THENCF north 21 degrees 51 west along the present city limits as eslabbshed by to Jill No 65 Q a dis lance of 37 S feet to the place of beginning and containing 1014 4 acres of land, more or less, SECTION it The above descr,bed pro pli is herrbr clas%+ed as', Agricultural "A" D.sfnct, and ShaTI-66 appear on th2 official 7cning map of the City of Denton, Texas, which map Is hereby amended accordingly. SECTION :II This Ordinance shall ba el fective immediately upon its passage. Introduced before the City Council on the 22nd day of November, 1983. PASSED AND APPROVED by the City Council on the dayof 1983 Richard O. Stewart Mayor ATTEST: Charlotte Allen City Secretary City of Denton, Texas Approved as to legal Corm C.J. Tayfor, Jr. City Attorney City of Denton, Texas NOVEM6ER 2S, 1983 IN THE imrri ;It m., CITY OF DENTON CHARLOTTE ALLEN TI I E STATE OF TEXAS Ito), Appletou, Jr. Cuurtty of Denton t !,eiug (luly ss+'orn says he is iln~ General ]Manager of the Denton Record-Chronicle, a rrwspaper of general circulation which has been continuously, and refnrlarly, published for a period of not less than one year . n the County of Denton, Texns, preceding the date of the attached notice, and that the said notice %%as published in said paper on the following dates: Z-2613 Annexing approx. 1125 acres 383 lines $153.20 NOVEMBER 259 1983 Subscrih(A and sworn to before me this 28 (lay of _ NOVEMBER 83 Witness my hand and official seal. Not ry Public, Denton County, Texas 21611 AN ORDINANCE ANNEX ING A TRACT OF LAND NOTICE lit Is CONTIGUOUS AND AD ; I;OBI P~11'F:li JACENT TO THE CITY OF ALLt THAT LOT, TR CTICR IN TIIE MATI 11 OF THE PARCEL OF LAND CON SISTING OF APPROXI MATELY 112S ACRES OF LAND LYING AND BEING u _ i H E STATE OF TEXAS AND BEING PART OF THE J. TAFT SURVEY, ABSTRACT NO. 1156, J. WHITE SUR VEY, ABSTRACT NO. t433, D. HOUGH SURVEY, _ ABSTRACT NO. 646, LAMBERT SURVEY, ABSTRACT NO. 794, M E D. P. AFFIDAVITOFIyUBLISHER'TO P P. R. R . . 9S0 950 AND SURVEY, A ABSTRACT HO. AN PUBLICATION OF LEGAL NOTICE THE G. ryALKER SURVEY, ABSTRACT NO. T330, DEN TON COUNTY, TEXAS; CLASSIFYING THE SAME _-f17 s AS AGRICULTURAL "A„ filrl{IFI r• DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHFREAS, Cie request for annexation was Introduced at a regular meettng Of the City COunci, of the city Of Denton, Texas, on the petition rf the City of Demon, Texas; -,nd WHEREAS, Ar ;porrunity "s affn~,;ed, at a public hearing hetd la that purpose on tiie 111th day or October, 1987, in the Council Cham- bers for all interested per»ns 10 state their views andpresenl evidence bearing upon the annexation pro Rx 131ynd~ v ided by this ordinance; and - WHEREAS, an Opporfunity was afforded, at a public hearing held for that purpose on the 1st day Of November, 1963 in the Council Chamber for all interester, persons to slate their views and present evidence bearing Upon the annexation provided by this Ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City 01 Demon, Texas, prior to its elfective date, and after the public hearings; NOW, THEREFORE, THE 1 COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBYORDAiNS: SECTION I. That the hereinafter de scribed tract Of land be, and the same is hereby annexed 10 the Coy of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabilanrs thereof shalt be entitled t0 all the rights and Privileges of other cititcns of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter Ix enacted and 1he property situated therein shall be subject to and shall bear its prorata part of the taxes levied by The City. The tract Of land hereby annexed is described as follows, to wit: All that certain tract or parcel of land lying and being situated in the Cbunty of Denton. Slate of Texas, mow being part of the J. Tall Absfract No. 9SO and the G Walker Svrvty. Abstract No 1330 and more pancculcrly desc abed as f ol, Jws: BEGINNING; at a punt n the present <4V hmi!s as eslablish-d by Ordnance F.D. 65 43 Tract 11, said point also tying at the intersection of the east right of way line of Mryhitl Rcad with apOnt 750 feet northeast of and perpen dcular to the centerline of I H. 35E; THENCE ncrihweslerly alonq said present city limits, 750 feet rDriheaslerty of and parallel with the centerline of I.H. 35E an approximate nistance of 5817.6 feet to a point for a corner to fire present city limits: THENCE north 1 degrees 42' east along the present city limits as established by Or- dinance No. 1031 a distance of 917.4 feel to a corner said point lying 600 feet southeasterly of and perpen dicular to the southeast right Of way line of LODp26L THENCE northeasterly along the present city limits as established by Ordnance No. 6543 Tract f, 60l feet southeasterly of and parallel with the east right of way line Of Loop 288 to the east boundary line Of the J. Taff Survey, Abstract No, 1756 same being the west bound ary fine of She J. Cheek Survey, Abstract No. 174; THENCE south 0 degrees 54' 07" west along the present city limits as established by Ordinance No, 7756 a dis lance of 939.60 feet to a point for a corner, same being the southwest corner of the said J. Cheek Survey; THENCE south 89 degrees 11' 35" cast along said pres ent city limits, same being the south boundary line of the said J. Cheek Survey, a distance of 601.7 feet to a point for aeorner; THENCE north 89 degrees 16' 20" east along said lines a distance of 559,41 feet to a point for a corner; THENCE east along the present city Ilnllis as established by Ordifance No. 8194 a distance of 208D. 56 feet, more or less, to a point for a corner in the Mayhiil Road same being the west boundary line of the G. Walker Survey, Abstract No. 1330; THENCE north along said present city limits and the west boundary line of said Walker Survey, a distance of 1728.71 fee' to a point for a corner; THENCE east along said present city limits a distance of 1811.06 feel to a point for a corner; T HENCE south 1 degrees 09' 20" west along the present city limits as established by Ordinance No. 63-t1 a dis- tance of 1308.77 feel to a point for a corner; THENCE south I16 degrees 15' 45" east along said pres ent city limits a distance of 797.29 feet to a point; THENCE south 61 degrees 37' S4" east 6" said ores ant city limits a distance of 831.02 feet to a point for a corner; THENCE south 1 degrees 41' 01" west along Said present ® 1t1,. irmlet . dl1ttnr0 fill 20" west aiOng the present city limits as established by Ordinance No. 93 11 a dis lance of 1361.77 feet lo a point for a car ner; THENCE south U degrees li' 45" east along said pies ent city limits a distance Of 797 29 f ee i to a i o; nt. THENCE sourh 17 degrees 37' 54' eas' along yid pres enl city limits is disfdnce of 131 D7 lee; to s point for a corner; THENCE south 1 degrees 41' Ce" west 'long said present city limits a distance of S41.96 feet to a point for a torncr; THENCE south 87 degrees 11' 36" east along said ores ent city limits a d:stance of 2435.17 feet io a point for a corner; THENCE south along the east ITne of a Iract conveyed to Bonnie E. Coonrod by deed recorded in Volume 432, Page 194 of the Deed Records Of Denton County, Texas, a distance Of 16M feet, more or less, to a point for a corner, same being the soutnea;l cornerof said Coonrod tract; THENCE west dlong e south boundary fine of said Coctrod tract a distance of 380 feet, more or less, to a port for a corner in the we>t boundary time of a north and south county road, known as Swisher Road; ' THENCE south along the west boundary line of said Swisher Road a distance of 4116 feet, more or less, to a point for a corner, said point being The intersection of the west boundary line of said Swisher Road with the north boundary line of an east and west county road known as Pockrus Road; THENCE west along the north boundary line of said Pockrus Road, a distance w 4500 feet, more or less, to a point for a corner in the present city limits, as established by Ordinance No. j 7138, Tract 11; THENCE north 37 degrees 4e'o4" west along said pres ent city limits a distance of 382.6 feet to a point for a corner; THENCE north 4 degrees 06' 31" east alonst said present city lirr.its a distance of 395.07 feet to a point for a corner; THENCE south 61 degrees 09141" east along said pres ent city limits a distance of 597.01 feet to a point for a Corn,.r; THENCE north 4 degrees 02' 26" cast along said present city limits a distance of 12033 feet to a point for a corner; THENCE north 4 degrees OS' W" east along said prescnf city limits a distance of 731.19 feet to a point for a corner; THENCE north 4 degrees 34' 37" east along the present city limits as established by Ordinance No. 1315, a dis lance of 735.64 feet to a point for a corner; THENCE south 17 degrees S7' 30" east along said Ares ent city limits a distance of 21 94 feet to a point for a corner; THENCE Will 2 degrees 7e' east along said present city limits a dislancq of 11.54 .4 feet Ida point for # cOrnerI_ 'Nl! , cv o Yv cornea T HENCE north t degrees 0S' Po' east alcrg ss,d preScnl city limits a d'stance of 73619 feel to a po.nl for a r Drner; THENCE north 4 degrees 34' SP' east along jr, pr"nt city I,mds as establisnr0 by Ordinance No. 8116, a des torte of 735 64 feet to a point for a corr.Ert THENCE south 17 degrees 57' 30" east along said Present city limits a distance of 21S4 feet to a point for a Corny; THENCE north 2 degrees 06' east along said present city limas a distance W IIS4.4 feat 10 a point f,>r 0 COrntr; 1HENCE rorlh U degrees 29' west ill said, present city limits a distance of 14891 feet to a pO,nt for a corner; THENCE south 2 degr.,es 25' 30' west along sa,d present Ic,ty hrrifs a d-s'.I1ce Of 11408 feet 10 a pomt for a corner: THENCE south 4 degrees 13' 44' west along sold present city limits a distance of 719.12 feet to a point for a corner; THENCE ;oath 10 degrees 51' 09" west along the pros ent city limits as established by Ordinance no. 76 38 a distance of 46.68 tat to a polntfor a corner; THENCE south 31 degrees 41' west along said present city limits a distance of 66 fat to a point for a corner; THENCE south 54 degrees 31' SO" west along said pre$ lint city limits a distance of 81 feet to a point for a corner; THENCE south 76 degrees 41' 20" west along said Ares elf city (mils a distance of 100 feet to a point for a corner; THENCE south SO degrees 47' 50' west along said prey ent city limits a distance of 199 49 feet to a point for a corner; THENCE south 36 degrees 39'30" west along said pres- ent city limits a distance OI 339.64 feet to a point for a corner; THENCE south 22 degrees 34' 40" weed along said pres ent city limits a distance of 151.74 feet to a point for a corner; THENCE South t6 &9rees 40' west along said present city limits a distance of 615 feet to The place of begl and containing 1125 acres of land, more or less. SECTION II The above described pro perly is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denlon, Texas, which map is hereby ameneded accordingly. SECTION III This ordinance shall be of feclive immediately upon its passage. Introduced before the City Council on the 22nd dayof November, 1983. PASSED AND APPROVED by the City Council cn file - doy of 1963 Richard O. Stewart Mayor ATTEST: CharlotteAlten City Secretary 1\ TIIE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE E STATE OF TEXAS Ito), Appleton, Jr. Count) of Drnlon being duly, sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation etihich has been continuously and regularly publish °d for a period of not less than one year in the County of Denton. Texas, preceding the date of t',e attached notice, and that the said notice was published in said palter on the following dates: NOTICE OF PUBLIC HEARING: Proposed establishment of the Eligible Blighted Area 38 lines $30.40 NOVEMBER 23, 30r 1983 30 NOVEMBER - 83 Subscribed and sworn to before me Ibis _ day of . r Witness my hand and official seal. ~'~1~,`YtLY1^C Notary Public, Denton County, 'Texas II Ell E I"ASTETHE NOTICE [IN PI'BLICATIO\ CL'T FROM PAPER I\ THE: )IATTER OF THE. NOl ICE OF - F UBLICHEARING Notice is hereby given to all interested members Of the public that the City COuncil of the City of Denton, Texas, i inter ds to hWd a public hearing at 7:0J p.m. On _ December 6. 1983, in line Council Chambers. 115 E. akKinney, in the City of Denton, Texas, On the Pro- AFFIDAVITOF PUBLISHER TO posed establishment, pursuant to the Deveiopment PUBLICATION OF LEGAL NOTICE Corporation Act of 1979. V.A.C.S-, as amended, end the Texas Economic M"I opment Commifs , Rules for issuing industrial ROW Filed the r~~F rue Bonds promulgated thereunder, of an Eligible Blighted Area baing de- scribedasfollows; bounded on the west side by Kendolph Street bounded on the south side by Wilshire Street bounded on t.4 east side by AV~ C bounded on UM north side by Eagle Drive All Interested O&WO are invittd 10 attend and expresf any comments lhfp have _ regarding the prolosed eslablishmeM of the Eligible Blighted Area. • ut)' NOVEMBER 13, 70,19!3 Hy P • •r ~,I~T II e IN THE HATTER of CITY OF DENTON CHARLOTTE ALLEN Tf I E STATE OF TEXAS Roy Appleton, Jr. County of Drrtlon being duly, sworn, says he is the General M Hager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than on(- year in the County of Denton, Texas, preceding the date of the attached notice, and that the said i,otice was published in said paper on the following dates: NOTICE OF PUBLIC HEARING: proposed establishment of the Eligit z Blighted Area 38 lines $30.40 NOVEMBER 231 301 1983 OM52Z 30 NOVEMBER \83 Subscribed and sworn to before Ric this _ day of , 19 Witness my hand and official seal Notary Public, Denton County, Texas HEli E. PASTE: THF; NOTICE B1 I ill. N,,. I'VIIIACATIO\ CLT FROM PAPER - IN THF. MATTER OF THE NOTICE OF PUBLICHEARING Notice is hereby oiven to all interested members of the public that the City Council of Ine City of Dentor,, Texas. - intends to hold a public hearing at 1:oo p.m. on December a, 19al, in the Council Chambers, 21S E. AFFIDAVIT OF PUBLISHER TO McKinney, the hilt of Denton, Texas, on the pro- PI:BLICAT[O\ OF LEGAL NOTICE Posed establishment, pursuant to the Deveh;pment Corporation Act of 1979, V.A.CS.,. a$ amendkd, and the Texas Economn Devel. F'ilyd Ihl. _ das opmenf Commission Rules for Issuing Industrial Reve nue Bonds promulgated l9 thereunder, of an Eligible - Blighted Area being de seabed as follows: bounded on the west side by Kendolph Street bounded On the south side by Wilshire street bounder' on the east side by A venue C bourxled On the north side by Eag'e Drive All interested persons are Invited ti a?tend and expres! any comments they have regarding the proposed Bc , Depuh establishment of the Eligible l - E BflgHtedMea. I - I NOVEMBER 77, "1,1988 c I' CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the microphotographs appearing on this Film-File farting wltfi NOVEMBER 1983 and tnding with NOVEMBER 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, h Is further cerliRed that the mlcrophclog raphic processes were accomplished in a manner and on Alm which meets with requirements of the Natlonuo (bureau of Standards ht permanent mlcrophotogrop;ric copy. Dw% producod-Ularo 80CO ds COmptfyY ILMM1 TECHNOLOGY AT(WIPK C.....Op so PI.AC1:i ijq_SrQU)park agw State Arlington, Texas 76010