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HomeMy WebLinkAbout08-1984 i CERTIFICATE HOLDER At the request of our Insured we arL sending a Certificate of Insurance showing the coverage afforded by policies written through this office. In the event this enclosure does not satisfy your requirements, please let u; know. John L. Wortham & Son P. 0. Box 1388 Houston, Tpefx3ss 77251 CP one 52fi338"&~SON J LW 159 F E V 783 I L %A "[I D AC'DR ES7 OF AGENCY UGG A I I9 dOM IES AFFORDING COVERAGES JOHO L. WORT,4Ar4 8 SON _ P. 0. 0 O X 1 3 8 8 - - H0USTLIN: TXA 77251 L LETTER r 1`1 URA F __ilifF_j3F-P.A. - coMaoN. g LETTER N A!'E AN71.CDeE.SUF IN CIneb CUNIFANI HI TCHE LL LNERGY 8 DLYELOP III E K T CU RP. ETJEn P. U. dOX 4000 GMFA•.. THE WOODLANOSA TEXAS 77384 LEI EP CUM PA•r+ C LET'f G This is to Ceri dy that [CLCias r l Ts'~rd nG, isled belON havE been Issu?d to the Insu'ed nl „e; adr ve and an, In f J'Cr.' at Ih s lowe Nol A.ihsla..rd nn any reduiremu Term or C(rnda,on of any COnvacl crurh_I :F-rumen( wiih respecl M whuCh In CerliliCale In3y be ssu?d OI 'nay H_Ilan. the insurance aflordEd by the Policies U:'n V~hed heroin is subjert to an The 1 s ..cluslon, and comllt ors of su.h Polk e roMaA.T ( uMIT50FUABIUrYVITrroJBAN051a~1 _ TYPE GF In SU P Pot l.r Js+DCH P Ir-r ' F I PAI CA EACH 'E AGGFEI ATE OCCURRENCE GENERAL L IABILI IY BoD,L V INJURY S © COMPPErENSIVEFOPM GLA 9424094 B-01-85 PAEM,SES-CPERATTONS PROPEFTr CAVAGE E ( EXPLOSION AND l©,1 COLLAPSE NA D UNDERGROUND HAZARD Jmy~ PRODUCT Scots P,ETEO 5 00 500 LJ OPERATIONS HAUAD BOO'LY INJUPV AND ® CONTRACTCAL INSURANCE PROPERTY' DAMAGE fY~ BROAD FORM PROPERTY CO'fdINED l~ DAMAGE INDEP CONTRACTORS PERSCNAL INJURY 500 PERSONAL INJURY AUTOMOBILE LtABtLITY BODILY INJURY E BEACH PERSON! A COA'PREHENSIVE FORM GLA 94 2 4 0 9 4 ( TX) b - 01 ? 5 BODILY INJURY ® OWNED TEACH ACCIOENTI ® HInED BA 4196353 (O/S) 8-U1'85 PROPERTY DAMAGE S - NONCP/NED BODILY INJURY AND ,J PROPERTY DAMAGE S0V COMBINED EXCESS LIABILITY BODILY INJURY AND UMBRELLA FORM PROPERTY DAMAGE I-I OTHER THAN UMBRELLA 3 3 LJ FORM GOMB~NED A WORKERS' COMPENSATION WC 955 97 13 8- 01- 8 5 1 STATUTORY and EMPLOYERS' LIABILITY f 100 (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATICNSILOCATIONSNEHICLES ALL OPERATIONS ADDITIONAL hill INSUNEO: 3OUTHN6STERN GAS PIPELINE Cancellation: Should my of the a o+e described policies be P:ancelled before the eApiralion date thereof, the issuing company will endeavor to mail UU days written notlce to the below named celtillcate holder, but failure to mail such notice shah im• pose no obligation or liebility of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER _ DAiF ISSUED AUGUST I! 1 ACME BRICK COMPANY P. 0. BOX 886 DENTON. TEXAS 76202 AUTr'.ORIZED REPRESENTATIVE ATTN: HU3ERT CALOP6._J4. 051397-0001-0002 ACCRD -P IT 191 Tqjuj~yjcpc -1 tf, ?r Z + i _ 12 -k I { INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS De oi~ i! X 7~ ~ KNOW ALL MEN BY THESE PRESENTS. COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "C:ty*, acting herein by and through its City Manager, and ~ L" C , 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. ~~~~41c~CcL` ~1Cr41 f l l ~I~U C_~~5 B. J J 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows; 7 e) H. Dates of Payments: ~.Uer/,~~~~~CS Ccek~J :LJ, 1 L E s. 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 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 Cur employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 1 4. SCURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appr,.)priatEd by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT rONTRACTOR'S AGPEEMENT - PAGE ) 10 • 1 " 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or eupplies: 6. INSURANCE: Contractor shall provide :t his own cost f and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Con=ractor 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. 3. TERM OF CONTRACT: This Agreement shall commence on the Ll day of 19 8,4, and end on the --1-th day ell, of ,T- , 1981. EXECUTED the this day of 1981: I CITY OF .D,PNTONF) "ERAS f BX: r 11.4 IT R e Y ~ ATTEST: J . CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY + CONTRACTOR I ,That`, is hereby designated s the p~erson_t_o~administer throvision of this agreement. / aGER DAfi' A INDEPENDENT CONTRACTOR'S AG'IEEMENT - PAGE 2 1413 b;. 567-3; 6^ _ .::7 G= = Y. S { AI,L ME ~1 4 .1 t p h _ ra -:ce 'Ruse Cit\ 1 r -r C'•-r?.lac__ r~, ~.:EC ri_ tLl.n _ r rr'IC FrinCe -7 :n 1 c •Tj1 . c - - ":T_:rt :.~LF_'°r Cac_CI1c SEC S~L\ Cnc anu .7 t: U...- . e nce: :bi.oxs. rtucente per c:aeS = 53.65 Der hr. 5 students per c1aeS = S ,!4 :1 Der hr. i Students per Cias~ = S5. 13 per n - . F ~tucent, per Cia=s = `i.8i Der };r. - - r ~nG. ~:r'_'c~tOr .S an bn r 0i a lC Sfic- _ not G OC sTeC tC Jc c: CO nS?OeL°C an E•:7'D 0V°c c„« C) 1-j 7 e for the auraoses b. inco;n_ pax withnolc n Social secur~t\ `.c?:°c, Ca Coil On 0 Sib: O: Clt L i t': sna! _ nat ;d\'° SuO LCi Sl Or; anC , ice. , •)i _ _ a: 1C C, COJ_J~ 7C` _ .'iii ?IE i.C' LGUi+C: 5C.^, LL nc - , I`='S n one rsu - - CGr•':° i.0 :`ULn.S(l to Cc'n=rAclOr i71c- 'Ollowing Services -crJ. n'a rr c:n _cst 2.? _ _..ru: :,cE rl_ :e --,:rV c prc ect iGr 1:1 L G G.1Lr. Of &Gii3:r~ r j ~•'f ~ Cl-1_ c' this-, CTn_:cccor thrc.: ;3p) ca~'= .1 7) 7. -)^E pr cap' O' ~cc CITY 01:7- C_ 1 Y JTL 1 : RO 'Ez AS, TO LF'GAi, FOR'? = TA Y L" OR JR. CITY C F, ~3eSlGiatee ?,s tLe D°'SO'1 dz7,in.-c e: thE LIrO' :S1UC O° *`f 1- ~C: CIT, %1ANAGER Soh ~Ge-~2--G4S'y " STATE OF EXAS FNOW AL•I, fE`; BY "HESE zES`TS : COUNTY OF DE.NTON ) Th= City of Dent'~n, T~zas, a Municipal n^me Rule City situated in Denton County, Texas, hereinafter called "City", y. C_n -nG '1 ..cPcC@r, an^. -Ij j50,_ f,er-ii,c_LEr C27 _8C CC%treCtCr, °resJV ~9fLE mutually scree as follows: 1. SF RV ICES TO 3E ?FR CP-XED: City :,ere by retains Contractor to perform the hereinafter desi:nated services and 0i- inc services: =Ont'c~C`.Or =°-S tC BELForm t.A- 1r 10 i, 12 EAK DA UG+jQ Ltic-7 c. J 2. FNSA.TION TO BE PAID CONTRACTOR city ac-ee= tc : ay Contractor for the services performed hereunder as follows: A- {li.y 2it7f GEGE DS Cti' nc.t , C .nr c-PIC is ro.-.~~T l~} 1a~ Q~o•55. Tk 3! w;fl ~E 4 1ti ~',-CIFlSS S rs S}PCKr,(/r.TNSrcuCi.P Wi"//6f faid'• «pv;c;p~~s ccsr CF QJa Ss B. Dates c-i P,a•.-nients: ~;~'f1x~ 3. SliPERVISION AND CONTROL BY CITY: It is :nutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee the City of Denton, Texas for the purposes of income tax., withholding, social security t-xes, va-- ntion or sick leave benefits, or any other C;.tV en'J,icVee benefit. The City shall not have supervision and cc-:rol o_ Contractor or any c` Contractor, but it is _rrGLl t.7E S°:V1C° o° , s eN77 eES1`J iiliOF'jtOOC ti-9t h''r2' n7eC at the d:rF^t:On of iiC tG `}Se satisfact:on of the ri- ;:racer o` iii Ci`V Gf -_:,ton c. _s cesignee ~n::ie: :nis acre~ment. 4. SOURCE GF FliNDS All payments to Contractor under this a,:7 '_:i,eft are to e old Z'- City r:oin `-l,nd5 _~`DrODr.ated Cit_; Counc:_ :3 su,.., _ yes _n t: e EucgFt c: the C: e: :_cn. S C, Ices an C3/,O- S: S cam-et zcr r-y 301 ea%S ci~ - CITY S _._or. roc'? :on o: t'-i~ J Address; 316 Frv ~>229 i-nton , T, xna 76701 c - 335-_~ S+D m { rrt -Tt OF KNOW ALL JVE%v' BY THESE PP-,-SFNTS: cc":* 7Y OF DENT-ON ) t The City of Denton, Texas, a ;it;n ;';-,e Role City situated in Denton County, Texas, 1'teZel naf ter called rCit}rR, lj- in by :nd i.I ~.lah its C--Y _ r ,i_. __n_. ~ Cr,.IE•C CClntraCiOr, 'lerebV mutualiv acree as folic) S: 1. S?F;Vl,"F.S TO BF P7rSOF217D: City i;ereby retains Contractor to °rfGrm the hereinafzer dee_cn -eo services and Contractor aC reeL' to Der-forT tt,e fol1 o'ri i- Vices c. t G I;4 LIO^' :0 ~t D 1 D CO , P " - 1 - C1`t acr _ = s t - ~ to pay Co;7tractor for :he services Derfornec herellnder as follows: 5 kids = 3.66 per hr. 6 kicis = 4.40 per hr. 7 kids = 5.13 per hr. 8 kids = 5.86 per hr. B. Dates of Favments: ieek1 as per contract and time sheet. 3. SLpLi:VISTO'i rND C~';:RO~• BY CITY: It is mutually understood and a.-reed by and between City and Contractor that Contractor is an indep^r.dent Contractor and shall not be deemed to be or considered an emoloyee of the City of Denton, Texas for the purpcsss of income tax, withholding, social se^urity taxes, vacation or sick leave benefits, or any cthar Cit} emt.oyee benefit. The City shall riot have supervision and control of Contractor or any employe, of Contractor, hilt it is exoress1v 71Lderstood that Contractor shall p_rfcrm the services herr,nder at the d,.rection of m3 to the satisfaction of the Cite !'1an3ger of the Ci tv of Denton or r3Q n sicr.e_n urid_r this acres:-ent. 4. SOURCE OF FUNDS: All pa}Trents to Contractor under this 2cre°_IDent are to be paid by the City fro,- fume- appropriated by the City CDunCil for suc^ _ Ses in the o` the City of Denton. 5. S'R__%TICES AND SJ:?LIES TO rE i RVIShED BY CITY: Cit 2CL°_e5 to fULn ish to Contractor the 401IO•w'ing services and/or SuDOIies: 1. n%a 1 l. i r• I. L%7 CCf,_raCtOL ~ircvide c~ i11s C)n;n ^(-8t a.~d _e,SC- cC) en's r`ior insUranc_, 1.^.S i:rarfU°r and all ot;fer 1';FUL a;ICe ~•?~e~~3rV to C'r O:°ct Contractor in the Operaticn Ot COnLractor's }'Sir;<_•ES. 7. CANCELLAT!CN_ City reserves the rich, to cancel t'-is A gree,,ent at any t.r..e by aivinc Contractor thir`y (30) r"a}'s M'rltten no=1Ce O-° its intent or, t0 Cc„^.=1 c -c.~ P21, Or t:7e 9 th cay of Jul. 198x_. and end on the 4 th day o EXECUTED the this -,day of 19 8'J CITY OF_DiNIrT ON, TEXAS rIT- - - " NAGER ' ATTEST: CITY ,ECRETARY'- APPROVED AS TO LEGAL FORS C. J. TAYLOR, JR., CITY ATT02NEY BY. I CONT RACTUR BY _ (jIdi-k- h That Paul Leslie - Farks and Re-creation ,e?t. ;c },eLeLJ designated as the person to administer the provision of t}fi= acre e-,elt. PATE / CITY MANACER ~f w -NT THE STATE OF TEXAS COUNTY {NOW ALL MEN BY THESE PRESENTS: OF DEti.ON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, '^ereinafker called "City", acting herein by and through its City Manaaer, and T11C Vice ('enter nor io,::~;;•:sling h Co.-,=ulta[inn , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORYMD: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. To r(i^,,jr]C[. psv,-j,.JtneIlifeutic education classes for Civic Center (6) four wcek ci s,cs 1 curim_ 1934 - 1;85. B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 560,00 per hour B. Dates of Pa ym entS: At the beginning of each four week session. 3. SUIDERVISION 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 considered an employee of the City of Denton? Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services 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 appropriated by the City Council for such purposes in the Budget of ti'e City of Denton. 5. SbRTICSS AND SUPPLIES TO 3E :URNISHED BY CITY: City agrees to furi._sn to Contractor the following services End/or supplies: 1. The locit ion for scr`,ices ani 1i,7ired Xeroxili4s oC m7Lerials for classes. 5. INSURANCE: Contractor shall provide at his awn cost and expense workmen's compensation insurance, 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 lst day of septe:.:),?r_-, 198 4 , and end on the 31 th day of Au3,tst , 1985. EXECUTED the this 1.1 day of _ J,ly , 198_. CITY OF DENTONj^TEXAS MANAGER ATTEST: _ CITY SECRETARY APPROVED AS TO LEGAL FORK C. J. TAYLOR,//JR., CITY ATTORNEY BY: CONTRACTOR rtj 71CC t: Ri^_C for Cctnsalin_an3 Cons 1t_.itivn' By. That Janice Martin is hereby designated as the person to administer the provision of this agreement. 12 DATE% CITY MANAGER .i r.c .lam . `}r1 •(r1 ; ~ XF _ • 1~ -r t. .T- Si o 7 7.7 1 r-- -`X.°.Se ¢ ii i-'IC1 ~3~ ,mot^~? Ci t`.V 77 ~,•dtiiitCti ~tR-' CtG,_ - _ !_~i. ❑__C': -C _C':... ln" 4lP~GS~ --Gr nu _ - - ~ sicna:-c corgi?ces and Jr) it::cC ~C: _C_ ..i. .C;✓i CFC ~P=ii.'1"-ie❑ :~.c ~ ~ 0-4 Su4y 31 , Ate. ~s. i1il:. __S%COC c.^.C 5_'°° GC cflC ..c ~'~_cn C r ui CCn=:actor 1.. Or cr1C - ;sec tc Ce or _n- n Or tn~ DUr~C~°S C- t.1=: =cr:~ A'i i. f701G_ C soc a' s ~ e..^ur 1LV taxes, 73Cc iCL Or Sic? EdVF cane' ts~ Or 2r.V Otiler Cl`V -I C) V'.SIC''? and ..S`2Con1 Cf the _nCer th,S :e C. Count - nor eu_h :ur."CSeE in the ~udcc- of `'-e J: ientCR. tVIC£S i IES-- TO _-_FURYISH£D BY CITY: City fui Cc :act-)c the f,-)l ICwing services and/or )olie 3: 1 6. J' 53 [i .tNCFC CCltra'C`.oc r'aal~ vt dt his own cost .nd of ,.:,:se wo en's 3nce, liability incur=n 2nd all - -cessary to protect Cnnt.rac*-or in `he s business. 7. C=_NC3r,r t^e right to cancel this agre"-ent contractor thirty (30) days ritt n ^ to cancel this Agreement. ICT_ This 2~grea.,ent sha11 commence <gn 1.98 and end on the th day -.'sCUTRD the this _ -day of 17 cam, 19$_ T' CITY OF DENTON,, TEXAS CITY!ANAGER ATTEST: - CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CI'T'Y A'T'TORNEY BY: CONTRACTOR i That ---_~.v_'_ - , is hereby uec,ig^-7.-i the person cu ac;r.inistei the provision of this aoree:~ent. ~u •=r f' 'JATE CITY MANAGER >St: T. -?6:E ~r1E i'E OF J _ IXAS ?.NOW MJNTY OF DENTON .Ci LPL ,MJ✓N BY 1't1 FS E pP';SL'N'j'C: ) The City Of Denton, 7•'-1as, G .'•'"irici^al Home t Zule C1tV Si7U2ted In Denton County, ^exas, here natter called "City", aCt1nG h•~r Pln by aC!d F-lr0'7017 it° Cii_V '~'!aCer, ~.^.c red . ~crnan t,_;~•i-,af:et ca_ler' Contr~c-ol, ;~erebv rj*_ually agree as folious; n TO BE City tir - - - .:j reiaina I. JL: rac f or t6 =-r*Orm t he !,°rcinaf ter desionated ser'-'ices and _'C,riilcCiOr 6.J.'ees tc p rfoIm the follow nc services: Suic Instructor for i..srn to Swim Frogram E. 2. CO"?F.NSATION TO BE PAID C0NTFAC.OR; City agrees to pa}' Con-.ra;.tor for the services performed hereunder as follo'w's: 5 kids in class = 3.66 per hr. 6 kids in class = 4.40 per I~r. 7 kids in class = 5.13 per hr. 8 kids in class = 5.86 per hr. A. Dates of Pavments: +'ekla as pet time sheet u 3. SUpr.RVISION-AND CON'TROL' EY CI,:Y: It is mutually understood and agreed by and between City and Contractor that Contract-or 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. fhe City shall not have supervision and control of Contractor or any employee .)f Contractor, but it is ex?reesly understood that Contractor shall perform tho serv'_ces hereunder at the direction of and to the satisfaction of the City .'•'anaaer of the Cit,, of Denton or his riesjunee under this aareea~ent. 4. SO)RCF OF FUNDS: All payments to Contractor ender this aareement are to be paid by the City from fun3= appropriated by the City Council for such purposes in the Aurjys~t of the City of Denton. 5. SERVICES AND Sl]?PLIES TO BE FU v_ $rED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Ni:. 6. -':S ^E: Contractor shall provide at his own cost anc 5 ,enE_ WO rnls Cc.TD=--nsation insurance, liabilit} insjrance- , and all Other imurance necessary to protect Contractor in the operation of Contractor's rYinimms. - rr"T - ' I - ON • City reserv_., the r'. to cancel this rcre,_-_nt at any tine by giving Contractor -`Arty (30) days writt°_n notice of its intention to cancel this ar_i°_nt. _~:e~~e _ F ^,-"'.v . Oi CONTRACT: This A.r nt E:..-, . 11 cc.,r en c e on t^.5 15 Cat' of June 1984 ' and end on she __th day p? Sept. , 198 4. EXECUTED the this 2y 'day of I jLl [ 196 ' CITY0 DEN r ( ,,XAS BY: `Z-1 CITY ! ONAGER y C/ ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM - C. J. TAYLOR, JR., CITY ATTORNEY BY: CONTF-4CTOR BY: That Paul Leslie - Denton Parks and Recreation - - is hereby designated as the person to a0inister the provision of this agreement. /Z-~'hf,ate DATE CiT1 ..H.,A7i. P. (.Gtn6 ,I,p i. STATE OF T-:'YAS =W ALL %E% BY TFESE PRESENTS: Cdr; :TY OF II=\°ION } The City of :enton, Texas, a !'uniciDal Fsme Rule City SI!':3ted in Denton County, Texas, hereinafter called "City", Y ~nC .`....ro-,ch ! City Yanacer, 3n6 i hereinafter called Contractor, hereby ~u,ually agree as follows: 1. 5ERVI_^_ES TO _BE _~~RFORAtED: City heresy retains Contractor to perform. the hereinafter designated services and Cprltr@CtOC 2gf?e.°, to _GrfOrl.i the iJllcwing services: 7 "PC b. 2. CO:_ENSATIO?' TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: rfS1.L(ra,l c.C. CC 1-c~ C{f~ j l"rte JJ B. Dates of $ay-aents. . ~v.R Imo, 1~«~ 3C 3. SUPERVISION AND JCONTROL BY -CITY: it is mutually unr3er.stood and anreed by and between City and Contractor that Contractor is an ..ndependent Contractor and shall not be deemed to be or consider,?d an employee of the City of Denton, Texas for the purposes of income tax, withholdin7, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City sha2.1 not have supervision and control of Contactor or any employee of Contractor, but it c,v, ; eccly unders`.eoC that Contractor shall Derferl-,. the services hereunder at the direction of and tc the sazisfact:on of the cz. _n_ ':i`_ o_ _ _ ~cr, o his c_si,l. 1.,. _hi ao:eement. 4. SOURCE OF FUNDS: All payments to Contractor under this Cr are tC ya:C tale Cit% from °Lnd:; apgr opr is ted bV C" cc.'.:n._l f:.: SI:._.. zi.'rDC5e5 ill ~r"lP :.uCQFt Gr t.'l° {'It's' of 1 T.. , l .11 i ?°S :O sF) LC S, f / __ii l.-==_r--_I:~. L_.~ _;SFL•Cnc =^c _ t r.o cancel _ e-.} _:r,~ -_._nc CG;,.-acraL L:•iL v - (30) days 19 a C -P - tiT r;, TEXAS i :N C1 Y SEC =?T:,aY ??=:OvED AS TO LE-Al, FORM C. v. TAYLOR, vR., CITY F :UPw:Y O r [ , ' 1 , r r 5 { .I,1 ~~F~•"e 1~1 ~ f ~,r ve j r - i n-... WrrW / 4 S ~r11.II~ IM<J'r_{^+~F ri°,. 4 ? i ;7. 1 ~ ~I R E S 0 1. U T I 0 N F; I „r WHEREAS, it is necessary from time to time for the City of d: Denton to apply for a utility joint use agreement or utility 1 permit involving construction within the State Highway Department E' right-of-way in the City of Denton; and r WHEREAS, it is necessary to obtain agreements and permits from said Highway Department for said construction; and } WHEREAS, the City Manager through his office makes application for said construction; NOW, THEREFORE, 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON TEXAS: SECTION I. i; 1. That the City Council of the City of Denton hereby authorizes,..", ?r: the City Manager acting in his official capacity to execute the appropriate documents as an official representative of the City r t!k- of Denton. E 7-k PASSED AND APPROVED this the day of , 1984.;'•;' I I I A S EWAR , MA OR CIT OF DEN'ON, TEXAS i ATTEST: t CHAFLOTTE ALLEN, CITY SECRETARY r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: -JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: O. W.w...~ I. tat `~Is.rr~r~... ~ r `sS Qy ~ •it , r , ~ ~`v ~1}/ ~..i t~~~~,~ ~'1 _pl~,r ~g• ~ WATERLINE OVERSIZE PARTICIPATION AGREEMENT ,j THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF D£NTON 9 " THAT WHEREAS, JOE BELEW, RFD 5, DENTON, TEXAS, 76201 (817) 1 382-9457, is the Developer of certain property shown on the attached map, which map is incorporated herein as if set forth in full, in the City of Denton, Denton County, Texas, and E further described as property on North Locust St., and Developer desires to serve such property with 3,650 feet of on site water line facilities; and, r t WHEREAS, the City of Denton desires that such on site water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the pro- 4,r visions of the Denton Development Code, Appendix A to the Code of Ordinances of the City of Denton, Texas; T~ NOW, THEREFORE, THIS AGREEMENT, made this day of 1984, by and between JOE BELEW, hereinafter called 'Developer', and the city of Denton, Texas, A Home Rule municipal corporation of the State of Texas, hereinafter called 'City'; WITNESSETH: 1. The Developer will install, by contract or otherwise, a 12' water line and a ppurtenances to serve the property described i on the attached map in accordance with all City of Denton ; ordinances, rules, regLlltions, policies and procedures. The E; !r e. } said facilities shall be located as shown on the attached map ` which is made a part hereof and incorporated herein by reference. 2. The City's share of the estimated cost of said facilities ;r is 29,200. Upon completion of construction and acceptance by j; the City of said facilities, the actual cost of the City's ; J parti.:ipation in said facilities shall be determined and certified to by the Director of Utilities, and his certificate ,1 r setting out the City's cost of said facilities shall be attached hereto and made a part hereof. WAT-RLI14E OVERSIZE PARTICIPATION AGREEMENT/WITH JOE BELEW-PAGE 1 c^ ~ 174 v e 1 1 1 f 3. The City shall pay for its share of the facilities within 's thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are matually acceptable i to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmleas the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to i. s ^f property or t)ird person occasioned by any act or omission, neglect or wrong-doing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to .5 the performance of this contract, and Developer will, at its own i cost and expense, defend and protect against any and all such r claims and demands. Yo ji IN WITNESS WHEREOF, this instrument is executed in triplicate 7 originals this ~ day of , 1984. ' J JOE BELEW (OWNER) . i CIF FOFDENWTON, TEXAS ; BY: !r IC ARD 0. EW T, MAYOR -jV ' ATTEST: A C JLOTT AL EN, CITY SECRETARY CITY OF DENTON, TEXAS , APPROVED AS TO LEGAL FORM: si i~ RO ERT B. HUNTER °u. ASSISTANT CITY ATTORNEY ~j WATERLINE OVERSIZE PARTICIPATION AGREEMENT/WITH JOE BELEW-PAGE 2 , v ,t r ~Y i NO. AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A YMCA FACILITY; PROVIDING FOR THE REFERENCING OF SUCH USE ON THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPRCXIMATCLY 8.590 ACRES OF LAND IN THE CITY AND COUNTY OF DENTON, TEXAS; AND DLCLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: ; SECTION I. j The Zoning Classification and Use designation of the follow- ing described property, to-wit: SITUATED in the City of Denton, Denton County, Texas, and being 9 a tract of land in the N. H. Meisenheimer Survey, Abstract No. Z< 810, and being a portion of that certain tract described as 9.20 acres in 'Exhibit A" in deed recorded in Volume 885, Page 619 of the Deed Records of Denton County, Texas, and said portion being ~ more fully descrihed as follows: d; 3 BEGINNING at an iron rod set for the point of intersection of the present north line of Windsur Dirve (Old Sanger Road) with V' the present west line of Riney Road, said point of intersection being as defined by R.O.W. acquisition by the City of Denton; THENCE north 89001' west with said north line of Windsor Dirve, as defined by said R.O.W. acquisition, 144.32 feet to an iron rod set at the point of intersection of said north line with the southwesterly line of said 9.20 acres and the northeasterly line j of that certain tract conveyed to the City of Denton as Tract I in deed recorded in Volume 697, Page 207 of said Deed Records; THENCE north 34050155" west with said common line between said 9.20 acre tract and said City of Denton tract, 1038.38 feet to an iron rod in place for the northwest corner of said 9.20 acre tract and the northeast corner of said City of Denton Tract I; ^i THENCE south 88`45'30' east with a fence along the common line between said 9.20 afire tract and that certain 49.622 acre 'Tract B' in said deed -,n Volume 885, Page 619 of said Deed Records, 141.46 feet to an '.con rod in place for the northeast corner of said 9.20 acre tract in the west fence line of said Riney Road; u THENCE south 0°12120" west with said west fence line of Rineyr s Road and with the east line of said 9.20 acre tract, 809.38 feet to an iron rod set at the point of intersection of said west line with the most northerly north line of said city of Denton R.O.W. acquisition; THENCE north 89055'15' west with said most northerly north line of R.O.W. acquisition, 6.50 feet to an iron rod set for the most y northerly northwest corner of said R.U.W. acquisition; THENCE south 0004125" west with a west line of said R.O.W. acquisiton and said present west line of Riney Road, 29.20 feet wr:~ to the place of beginning and containing 8.590 acres. S-1801W. D. BYRNE/PAGE 1 ..,.41fl' i . - - ;a which is classified as Agricultural 'A' District Classification Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas is hereby granted for the use of said property a speci'i.c use permit for a YMCA Facility, subject to the follow- ing conditions and restrictions to-wit: 1. No detached signs shall be permitted other than a scoreboard; 2. A permanently maintained six (b') foot solid wood fence shall be erected along the north property, lines; 3. This specific use permit shall expire if the YMCA Facility is not completed within three (3) years from the effective date of this ordinance. ? rl 4. The development of the property shall be in substantial compliance with the site plan attached r. hereto and made a part hereof for all purposes. SECTION II. 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. h~ 69-1, shall be referenced to show the property herein described being granted a specific use permit for the use approved herein. SECTION III. a That the City Council of the City of Denton, Texas hereby Y' .NN 1r finds that such use is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the city of a i` Denton, TexaF, with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. Zhat this ordinance shall be in fall force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning 5-180/W. D. BYRNE/PAGE 2 -..-r w.q •~.ab, -icl. . ire - - - .,-t,,.___. ; -1}t I +rl I I r •'f. I c Y i TF I, Commission ana the City Council of the City of Denton, Texas, after giving due notice thereof. } PASSED AND APPROVED this the ~ day of August, 1984. r 17 I HARD O. TEWAR MAYOR is CI OF DE ION, TEXAS „a a s°{S. L' r' ATTEST: c CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS 'z 'g APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: Jly yh 1 A 5. p` L 7~k d ~l 5-180/W. D. BYRNE/PAGE 3 r r r r t i r ~ fiW ~ k . 0 •y~ r I 1 ,f e I i dl W { .J.1 ~ L7 " Lj Q C I Z o .°r 4 z O ..j O $ CL ao m f i c F! O LL uj WIND SOR DRIVE A S {1Fr (i I/ / ri1 I kt t 4} ~ 1 1:' 1 i rlr 1 ' , S, ' r a i~ ~ 4 l j\ Z F~) ' I 1 I Fr 1 } r p ,r i; y 5 '4. Y r r 1 r r • ~n~ 6 QK i,l i yt{~~b ~~t'~~ . X ; ,t',.;.~ 1 Ty.,~M , J'~,' C ^ ° ~'l YIF .,~a..?-•a h ` ,L .'`,`#,l ',`C. ~Y,^.,1 '"Z rM♦ { N0. 'r AN ORDINANCE AMENDING A PLANNED DEVELOPMENT DISTRICT TO PROVIDE FOR AN AMENDED SITE PLAN THEREFOR, PURSUANT TO THE PROVISIONS OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS AS SAID SITE PLAN APPLIES TO APPROXIMATELY 27.437 ACRES OF k LAND, MORE OR LESS, OUT OF THE ROBERT BEAUMONT SURVEY, ABSTRACT NO. t 31; AND DECLARING AN EFFECTIVE DATE. a THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: R i .q SECTION I. That the Zoning Classification and Use designation of the s' following described property, to-wit: ri %j All that certain lot, tract, or parcel of le.id lying and being situated in the City and County of Denton, State of Texas, and being a part of a 37.98 acre tract conveyeei by Trustee's Deed dated February 5, 1929, from R. M. Barnes, Trustee, to Joe S. Gambill, as x ,.c shown of record in Volume 222, Page 468 of the Deed Records of :f j Denton County, Texas, and being out of the Robert Beaumont Survey, } Abstract No. 31, and being more particularly described as follows: BEGINNING at a steel pin in the east boundary line of Hinkle Drive and directly between the north and south curbs in an east and west street designated as H°adlee Lane, said point of beginning also being south 000151 east 512 feet from the original northwest corner of the Gambill 31.98 acre tract; S THENCE north 89030' east along the centerline of Headlee Lane 901.5'I ` feet to a steel pin in the east boundary line of said 37.98 acre tract, and in the centerline point brcween the north and south curbs ir. Headlee Lane said point being south 00017131' east 515.5 feet from the original northeast corner of the Gambill 37.96 acre tract; V faJ THENCE south 000171310 east along the east boundary line of the II 37.98 acre tract passing at 17 foot the south curb in Headlee Lane# continuing on said course and along existing fence line a total J distance of 1330 feet to a steel pin for the southeast corner of the Gambill 37.98 acre tract;; THENCE north 89051'54' west along the south boundary line of the Gambill Tract same being a very old fence 902.5 feet to a fence . corner post in concrete, for the southwest corner of the Gambill a 37.98 acre tract and being 21 feat east of the centerline of Hinkle Drive, whose present width is 42 feet; THENCE north 00°15 minutes west along a very old fence and the east boundary line of Hinkle Drive passing at 2303 feet the south curb ` in Headlee Lane, and continuing on said course a total distance of. + 2320 feet to the point of beginning; 1~ having been previously designated as a Planned Development District under the provisions of ordinance No. 81-25, passed and approved on the 17th day, of March, 1981, in accordance with the provisions of Article 11, Appendix B-Zoning of the Code of ordinances of the Ci.t.y' of Denton, Texas is hereby amended to provide for a revised compre- heisive site plan of the development. Z-161b/GOOD SAMARITAN VILLAGE/PAGE 1 'l I 4011 iN r7 f} ti r.7f J.~ ' r ^ i •i,'I y 11t r Jii' "r 'a ~h rS yl. Pia ' tyAt;~ SECTION II. t The conditions and restrictions applicable to the propertyi described herein and imposed the:ein by ordinance No. 81-25, which 4i } are as follows: 1. Planned DevelopmenT "PD-21" :.or use as an elderly retirement com- plex, including Apartments, duplexes, Triplexes, a Health Center Complex and Adult Day Care Canter; f Y~ 2. Property owner to provide six (6') foot screen along eastern pro- perty line extending the full width of E. Hall Drive. ~r are expressly retained and not amended hereby.I • SECTION III.' f That the comprehensive site plan for the Planned Development Districi. a,p_c.ved and aaopted by Ordinance No. E'1-25, applicable to . the herein described property, i3 hereby amended in accordance with t. 3 the comprehensive site plan attached hereto and the use of said pro- £ perty shall be hereafter in accordance with such amended site plan. ay SECTION IV. Y~ r That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the , purpose of promoting the general welfare of the City of Denton, Y Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or ' particular uses, and with a view to ccAAserving the value of the P buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit *_rI the City of Denton, Texas, and its citizens.; SECTION V. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public iearings having heretofore been held by the Planning and zoning Ccmmission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of ,August, 1984. ~ v JAI A D 0. 'EWA-R , MAYOR CITY OF DE ON, TEXAS ^r, ATTEST: •h CHARGOTTE , AF•LEY/SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY C% CITY OF Di'.NTON, TEXAS 7 BY: f 'r Z-1676/GOOD SAMARITAN VILLAGF:/PAGE 2 • it b i I' i' ~r fr ply'` S,. iJ ie r ; l~~r + , •r7t a,, tram i + I < r ~ t, let' i } a, "7~• _ .°t~''~ !~r ~ ~ u , ,iV e,r'- 1. `t"i. ~'t ~i ' l~„ ~,4i r y~~y8 ~t~, , .1 V . ~ ~a':17F I~ ( ' by 3(~"n. f 1 r^ C30P SAMAW-API Vil._•~E BLUCx El El 11 El Lrz_i CrtJ -j-Li L r'~ ' aw eru. a+a arse. \ 10 V ~ Y S .R, I t "f ! et e: I • i it a ~ I1 ~ ~ ,r w 10 9. ~l Y ♦l'I S- 'r ,J N0. A .`i 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 81.44 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 1330, 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 IFHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and IIHEREAS, an opportunity was afforded, at a public hearing held r for that purpose on theday of 1984 in the i Council Chambers for all interested persons to state their views k and present evidence bearing upon the annexation provided by this a ordinance; and WHEREAS, thiF: ordinance has been publishecr in full at least ~ } 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, HERE- BY ORDAINS: h SECTION I. f That the hereinafter described tract of land be, and the same 1 is hereby annexed to tha 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 citizens of uaid City and shall be bound by tee i nets and ordinances of said City now in effect or which may here- after be enacted and the prop arty situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. SHILOH-PAGE ROAD/PAGE ONE ' $Tr 9'lM~~iYr ~nr li~l~ i 1i 4 R.', w~, r' cr -a r +,_m+^ S~'~ 1 "f me r-„'inr'7~i f * v 1 1'~ +l .yi !4 + y .t rd l S R ~rf S l.p r,a 'i . e s 1 1 t N!R ^i t " I ~'.r"~ ~G h.r } «.7 } •Te yr+~lli 4 A, j`,,rlC yl' A,j P Y~ a ri( Tne tract of land hereby annexed is described its follows, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the G. Walker Survey, Abstract No. 1330 and bein?, more particularly described as follows: BEGINNING at a point in the present city limits as establi.s; ,d Ordinance no. 74-44, said point lying in the east boundary line of a tract conveyed to Launa Ann Caudle Huffines by deed recorded in Volume 822, Page 167 of the Deed Records of Denton County, Texas said point also lying in a north and south road known as Swisher Road; THENCE north 86°15' west along the said present city limits, passing at 1169.84 feet the west boundary line of said Huffines tract, same being the east boundary line of a tract conveyed to GIs Oak-Scott Five, Ltd. by deed recorded in Volume 1112, Page 448 of the Deed Records of Denton County, Texas, and continuing for a total distance of 1826.17 feet to a point for a corner, said point { lying in the southerly boundary line of said tract, same being the northerly right-of-way line of the M.K.T. Railroad, said point also lying in a curve to the left with a radius of 1544.69 feet, central angle of 1055'28" and a chord of north 71044'34" west 51.88 feet; THENCE northwesterly along said curve to the lef. an arc distance of 51.88 feet to a point; 'THENCE north 72`42'18" west a distance of 215.16 feet to a point for a corner same beng the southwest corner of said Oak-Scott Five, Ltd. tract; 'THENCE north 3°56'48" west along the west boundary line of said tract a di.:•tance of 1593.86 feet to a point for a corner same being the northwest corner of said tract, said point lying in an k, east and west road known as Page Road; F". THENCE south 85°38'47" east .along the north boundary line of said tract and in said road a distance of 1079.41 feet to a point for a corner, same being the northeast corner of said Oak-Scott Five, Ltd. tract and the northwest corner o: said Huffines tract; THENCE south 87°52' east along the north boundary line of said Huffines tract and in said road a distance of 110-2.2 feet to a point for a corner same being the northeast Lorner of said Huffines tract; THENCE south 2°06' west along the east boundary line of said Huffines tract and in said Swisher Road a distance (if 1665.28 feet to the place of beginning and containing 81.44 acres of land, more or less. SECTION II. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SHILOH-PAGE ROAD/PAGE TWO s Y 6 C~l ~j. ~f F4l ~Yd r. } 4~r 1 y 1 1 1 4. r, f 1 l ~1 1 ~ r ~yV . I t. ~I,; ,Fr w.:1t. ~ e~k.~ Xe1 i:, i Y y r ~1 1 x'54' j . JJ R I ''1 iM •:I: SECTION III. This ordindc,ce shell be affective immediately upon its passage. 07/ Introduced before the City Council on the day of cR 1984. PASSED AND APPROVED by the City Council on the ' t~da i` of 1984. S1 I D 0. EW JZ , OR CI Y OF DE ON, TEXAS s`S r ATTEST: ASS; ~ CHARLOTTE ALLEN, GIT k9mCITY OF DENTON, TEXAS y; APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Y y' BY: ~r ~i a'- it s i SHILOH-PAGE ROAD/PAGE THREE t Y./~l r Jl lrir iFiJ'r }L~ 1 i ''~I~t~ r"rl i ' r .I'• .i r ':',a .K t A{r r~~, Y k ~h 7 ti~1 y~:, ,.f f 7 77 7777"! W •f~~~{'MY^~fiYly ~;'1' Y>~ d:~ ;~~"ti i~~ . 1 ~ y i~t yy1f Y.,~ ~a~ft5 f/sF'. f*'y~ :~i. ;4:,~,~,~~ ..a ry, ~Y,{~, e~ ~f~r~"'a} r 5~~~rr R'rf i•. {i~: hyll. ~>Z e t R51 '1•t A'Y! f C i~'1 1} ry t,~; dyt~Vjy.i! L •F ,k(1~;:~yn rv 1W V '',~,'yf~ {1{ v4 -A~11.1~`YIJf'.M1^.~~tMfi RY .Y ~I~WMl1*O:r%fib.,A~utinGrn~B.ri4.1G..kl4~'M YYWir~A'd."/ f PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS I 1 WHEREAS, Article 970a as amended requires that a plan of service " be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and j: WHEREAS, 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 ,J OF DENTON , TEXAS: 'i. Section 1. Pursuant to the provisions of Article 970% as amended, Texas Code Annotated, there is hereby adopted for the proposed 't annexation area the following plan of service: k I. Basic 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 F` date of annexation; (2) Traffic signals, traffic signs, street markings, ' ' and other traffic control devices will be installed dr as the need therefore is established by appropriE'.te study and traffic standards. vs B. Fire (1) Fire protection by the present personnel and equip- t ment of the fire fighting force, will be provided { on the effective date of annexation. C. Water fi{ (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 article 13.06 of appendix A of the code of the City of Denton, Texas. D. Sewer 1!. (1) Properties in the annexed areas will be connected to sewer 1`.nes in accordance with article 13.06 of appendix A of the code of the City of Dencun, Texas. -r I E. Refuse Collection . (1) The same regular refuse collection service now pro- 1 vided within the city will be extended to the annexed area within one month after the effective date of annexation. : ~s `fir • J Oq 1 y l }I J ~ fi ^ y1 ~J~ ti 1 ~{t ~ 1:f J Y p 1 f' n ~ Y Y i, 1 fl" 1 1 ~I s y + ;r ~ ~ ~ ~ti1 ~ :x~•J ~nx, '~"t ~ ~ ~f 13u:i~tuJ..~.J.1 Lt'erM1t`. .•.Yk.a,.+.lr.3w+9i>. nJaw.l...,t. ~1a: ..'J..f4. I'.t~/LL•~Jfv.~Wt /lA"Y~Y..'d ~~V 1N"}~IM I'.i6.kv.~.Vl~Y1~Cb•,'~, f`LY . Service Plan Annexed Areas Page two F. Streets ~r r Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) 3 will begin on the effective date of annexation, , F (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on r.? the effective date of annexation. ,y. (3) Reconstruction and resurfacing of streets, installa- tion 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 t policies of the city. G. Inspection Services Y; (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation areas >r' on the effective date' of annexation. H. Planning and Zoning" (1) The Planning and Zonirg jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. i I. Street Lighting` (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 t policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, rf K. Electric Distribution (1) 'he city recommends the use 3f City of Denton for electric power. ` ' ,wR 1-7 t Z 7-77 i, . f ~ ~ w~~Y~.'A p v~~ Yy'~ f ~ t s' ''.t ~ w ~r t` i~P, 1,:,, t <3• _ A y'iM, n R r 1 f E F i / ^i Y a . Y ' 7 S 'rJ 1 ~ n 'I Sh..CY TdS rt~~~ r,r.. '^~frl Yt 1 r'HM~~I Y t'.r1 T Zr Q i }Se ~j }iHh~& 4 ,O V- A 1 7 i; r tr ;i,~7 4fi~~j r 1•3 ~"e .:.aL.i.~l ti«~._ ....s..-..... ~.....-dl.}.~:...~~i rr~...%«.il'~l ' Rervice Plan ;f Annexed Areas y Page three, L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. 'Y II, Capital. Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude ' of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. ` (2) Impact on the balanced growth polic. of the city. (3) Impact on overall city economics. ,4 rx _ The annexed area will be cons.dered for CIP planning in the 4 upcoming CIP plan, which will be no longer than one year from y 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. t}' 'MM YEN .S rte. 'n 1 I rr rI,: d~A ~R ~•rlt 1 k •.Y11 v r a h i o i , r'. A( it f ~ } Z h ~1 ~ s ~ ~ r kf % t ry 1 ~ •r y14 `r>~. r+i,~; sa.~~. r~~a6q t E F +MtM1 ~ t yy,, t f Y t "J~' ' " '1 '~k `r ~w p<.y5 {p ~'iF l11 ~~e ref J~Uy~ ° ~ ~ ~ x ,4°4"k.f Ali i i }n ,ry y 7 ~kS'4,~ 7 \t~Ly fyy~~,,; I \~F .kF1- x r.,,,1± ~•'al tt i .'1'~Y [f n NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO E THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 470 ACRES OF LAND LYING AND BEING ~i SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF s` THE M. FORREST SURVEY, ABSTRACT NO. 417, DSNTON COUNTYr TEXAS; y~ CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. 'i WHEREAS, the request for annexation was introduced at a regular mer;ting of the City Council of th. 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 day of , 1984 in the council chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this R;r ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the yay of , 1984 in the Council Chambers -for all interested persons to state their views and present evidence bearing upon the annexation provided by this ;r ordinance; and W:'EREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, , rior to its eftective date and after the y p , public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: f SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is d, 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 k. privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may r f, hereafter tje enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by w the Cite. The tract of land hereby annexed is described as follows, to-wit: GRISSOM ROAD/PAGE ONE I ° ■ ~,~,r Lf ~ , , 6e 1 1 't a R)t J t1.jl\ ~ r' 9 q~ n l 'Wb 1.'L\ ~ i~~'~'. eLi F ~ 1 r yl 3 `'u+ Y` >T .}~~Q hre •'.R S ,`(r, ~1 : i ~SSTv : f n{. 1" k 1 C G 7 ! 'rnu a< 'RFr K.a, R r All that certain, tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the M. Forrest Survey, Abstract No. 417 and more particularly described as follows: BEGINNING at a point in the pre, ant city limits as established by Ordinance No. 69-40 Tract V, said point lying 350 feet south of and perpendicular to the centerline of J. S. Highway 380 and in the'. east boundary line of Lot 6, Block A of the Subdivision of said survey; y r. THENCE south along the east boundary line of said Lot 6, passing its southeast corner, same! being the northeast corner of Lot 12, and passing the southeast corner of Lot 12, and passing the north-' east corner of Lo,: 5, Block B and continuing to the southeast s i; corner of said Lot 5 to a point for a corner; -0 1: THENCE south 84°49'20" east passing the northeast corner of Lot 12, Block B, passing the northwest corner of Lot 5, Block E, and continuing for a total distance cf 1778.08 feet to a point for a k, corner; Y's THENCE south 35°33'40" east a distance of 319.94 feet to a point for a corner; K THENCE south 69°23'20" east a distance of 422.45 feet to a point for a corner; THENCE south 64°45'10" east a distance of 323.50 feet to a point for a corner; THENCE south 5055'10" east a distance of 507.60 feet to a point for a corner iu the east boundary line of Lot 5, Block F.; 5'n ~t THENCE south 4°58' west along the east boundary line of Lot 5, ff Block E a distance of 1313.82 feet to a point for a corner; THENCE north 84°49'20" west along the south boundary line of Lot 5, Block E to a point 500 feet east of the southwest corner of Lot 5, i, Block E; , IHE14CE south 3°07' west 500 feet east of and parallel to the west y boundary line of said Lot 2, Block F, a distance of 1432.42 feet to +lk a point for a corner in the north boundary line of a tract conveyed to McDonnell Enterprises by deed recorded in Volume 1195, Page 651 of the Deed Records of Denton County, Texas; yet THENCE south 37'06'42" east a distance of 369.58 feet to a point for a corner; THENCE south 40°36'52" east a distance of 551.38 feet to a point for a corner; L~ THENCE south 33°35'03" east a distance of 278.41 feet to a point' for a corner; THENCE south 25°22'26" west a distance of 151.56 feet to a point for a corner; THENCE north 38°28'10" east a distance of 258.73 feet to a point for a corner; THENCE south 0°14'09" west a distance of 459.63 feet to a point for i. a corner; THENCE south 2°37' west a distance of 949.66 feet to a point for a corner; GRISSON ROAD/PAGE TWO ~ , r~) ~~at+y F ~i ♦ ; jam} . I ~ ~~~~fi THENCE south 2039'37" west a distance of 435.28 feet to a point for a corner; THENCE south 2004127' west a distance of 898.86 feet to a point for a corner; THENCE 83°32'49" west a distance of 1023.43 feet to a point for a ? corner; THENCE north 64050147' west a distance of 407.19 feet to a point for a corner; 1 THENCE north 2013'26" east along the west boundary line of Lot 70 J same being the east boundary line of Lot 6, Block F of said subdivision, a distance of 706.64 feet to a point for a corner; a THENCE north 2°48'25" east along said lot lines a distance of 2127.77 feet to a point for a corner same being the northwest corner of said Lot 7 and the southeast corner of Lot 1; THENCE north 86026140' west along the south boundary line of Lot 11 'i passing at 1393.23 feet the southwest corner of Lot 1, same being the westerly southwest corner of said McDonnell tract and the east boundary line of a north and south county road, known as Grissom Road, and continuing for a total distance of 1423.3 feet to a point fur a corner in Grissom Road; t THENCE north 2028138' east in said Grissom Road a distance of 525.40 feet to a point for a corner; :i 'T'HENCE south 86004129' east passing at 30.0 feet the east boundary; line of said Grissom Road, same being the west boundary line of said McDonnell tract, and continuing for a total distance of 681.98 feet to a point for a corner; THENCE south 86012107' east a distance of 739,33 feet to a point for a corner in the east boundary line of Lot 1; ' THENCE north 4035120" east a distance of 587.4 feet to a point for Y,. a corner; THENCE north 300i' east a distance of 1183.65 feet to a point for a corner, same being the northwest corner of Lot 21 Block F, sair,e ~J being the northeast corner of Lot 1, Block F; ~v + THENCE north 84°49'20" west passing the southwest corner of Lot 12, Block B. same being the southeast corner of Lot 11, BLock B and continuing to a point for a corner, said point being the most i southerly southwest corner of a tract conveyed to Mary Louise Bird, et ai by deed recorded in Volume 1035, Page 743 of the Deed Records of Denton County, Texas; THENCE north 3057'40" east a distance of 646.13 feet to a point for a ccrner; THENCF north 83012'10' west a distance of 693.59 feet to a point for corner; i + THENCE north 4059140" east passing at 1612.19 feet the northwest corner of Lot 11, Bloc'( B sane being the southwest corner of Lot 5, Block B and continuing for a total distance of 4139.96 feet to a ` point for a corner same being the northwest corner of said Bird y> Tract and the northwest corner of Iot 51 Block B; t,. THENCE east along the north boundary ine of Lot 5, Block B, to a point for a corner, said point being 500 feet west of the northeast corner of said Lot 5, Block B; A, GRISSON ROAD/PAGE THREE r, I+ r . ~f 9{ ~y,~S;;~l F !'r0Y w ~Ij♦ n: r ~JJ i ♦ e!.i ,~t'• ..~+`Irlk ~.-2_ (-I'~ 1t ~ . • ~r ' + t-.,~~.`,; f ...'i ~r f .T. f 4'1 of 444, II THENCE north 500 feet west of the east boundary line of Lot 12, Block A, passing the north boundary line of said Lot 12, Block A, same being the south boundary line of Lot 6, BLuck A and continuing to a point for a corner, said point lying in the present city F limits, said point also being 350 feeL south of and perpendicular to the centerline of U. S. Highway 380; HENCE northeasterly along the present city limits 350 feet south , of and parallel to the centerline of U. S. Highway to the place of beginning and containing 470 acres of land, more or iess. SECTION II. The above described pruperty is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SECTION III. This ordinance shall be effective immediately upon its passage. d Introduced before the City Council on the pRi/o day of d, , k 1984. ~ y; PASSED AND APPROVED by the City Council on the day of , 1984. G~ IC RD 0. S EWART, AYOR A' CITY OF DEN ON, TEXAS ATTEST: Gti. 71 ha f CHARLOTTE ALLEN, CITY SECRETA.R i ? CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ,r C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS . i~. ♦4~ Ik MM'„ 9 t r4f 4 . 111 } k GRISFOM ROAD/PAGE FOUR 'F t 7.r T, ',t$,t i %,t, xr 1l f','"~v 4d'✓l sir T 'i~ ~n.i{/ •''r ~t M T r r 'r ~~i'~T I .rr r a Ylr..v 4 , s ` r r t r 'Yy)1~ i + wi ♦ `i~f,~/' Sll a .}1,' i i r ' f 1' r . 147 A7 r i } PLAN. OF SERVICE FOR ANNEXED AREA,'bITY OF DENTON, TEXAS 1 WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, `r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ' l OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as jy amended, Texas Code Annotated, there is hereby adopted for the proposed E annexation area the following plan of service: I, Basic 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; (2) Traffic signals, traffic signs, street markings, and ether traffic control devices will be installed as the need therefore is established by appropriate 3 study and traffic standards.. 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, C. Water (1) Water for do,,nesti;., commercial and industrial use r 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 wi-ch article 13.06 of appendix A of the code of the City of Denton, Texas, f ~ k 1 D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of s' a;.)pendix A of the code of the Cit} of DentIon, Texas. , ~af E. Refuse Collection (1) The same regular refuse coi.lecti.on service now pro- vided within the city will be extended to the a: annexed area within one month after the effective late of annexation. ; xxYl.' V r 1 r y ~~i.. ~ ~1~•,1 1 ~ , 'fir r. 1 Qs"tea gir ~ 4 1 [ ~1 %,r V c S t I 1 -tilt i qq. yy law S.3.~~Yi ,Vd fry ~N rlr Y ~~a r t +1 4' ~ r •x' r f i M1 1' ~ 1 ~ 1'iu~ 1 ^r 1 qq.M1 It {~;al! ~.f ;.p~ l • , i .e 1. ,c «r[ra~.f).:1~:rwl n..~.... Y`... Plr~:a. d~ "~,y ;i 1 Service Plan Annexed Areas s Page two a F. Streets -i (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation.i (2) Routine maintenance on the same basis as in the ;i present city, will begin in the annexed area on tM ' the effective date of annexation. . ,f t i (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is deter ined by the governing body, will be accomplished under the established ,s policies of the city. C G. Inspection Services g~ rr (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 A 3 (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective ,t date of annexation. City planning will thereafter' encompass the annexed area. ~d1 f,? I. Street Lighting 1 y' (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. Y J. Rec~,eation (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 nbw used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. 4. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. • S y, F~l 1 A - 1 i r} 1 ~I f. 9M y 1 ~ M1 l~ 11' w ' ~ ~~fl` ~ 9a.fi' ~f ~r~v •~~(N~.~~~i 1 ~~~'~~"~5~~ l,~,l, ~'~~L-•.; 4i1~ a~i .gip ~.1~.: Y 4 i ~ !'W 6 w TE~,.. '~'1r .t 1t! w7 ;`1,]rp t ~f ,Service Plan r. Annexed Areas- Page three L. Miscellanecus y (1) Street name signs where needed will be installed L' within approximately 6 months after the affective 3r data of annexation.' ` -i II. Capital Improvement Program (CIP) k fi~ 1 The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Deriand for services as compared to other areas based part-'.y on density of population, magnitude of problems compared to other areas, established` technical standards and professional studies, and natural or -technical restraints oi: opportunities. (2) Impact on the balanced growth lolicy of the .'*y. (3) Impact on overall city economics, 'r The annexed area will be considered for CIP plannin; the : 'ipcoming CIP plan, which will be no longer than one year fro,n the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to '.he same established criteria as all other areas of the city. ,`IFyq;L ~ 1 1 d 1• 1. it t Y L L) .'M )111~ C ~ ' I 1 tt V r °.ji I 'r4 i 1 I S N0. ~y~99 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE RENAMING OF RIDGEWAY DRIVE, UPON ITS APPROVAL AND ACCEPTANCE BY THE CITY OF DENTON AS A PUBLIC STREET, SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, TO LILLIAN MILLER PARKWAY AND DECLARING AN EFFECTIVE DATE. WHEREAS, Ridgeway Drive from the intersection of Interstate ` r 35E Service Road and Loop 288, extending 4,650 feet south to Teasley Lane (F.M. 2181) is an unopened street dedicated by plat within the corporate limits of the City of Denton, Texas; and WHEREAS, the City Council, upon the opening, approval and acceptance of Ridgeway Drive by the City of Denton, Texas wishes to rename it to Lillian Miller Parkway; and WHEREAS, the City of Denton, Texas will accept the + responsibility of keeping and maintaining said street upon its opening, approval and acceptance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i SECTION I. That upon the opening, approval and acceptance of that certain street dedicated and designated, by plat, as Ridt•eway Lrive, and which intersects the Interstate 35E service road and •i extends south 4,E 50 feet to Teasley Lane (F.M. 2181, said f, street, upon becoming a public street, shall be and hereafter be known as Lillian Miller Parkway, and it is hereby named and so designated. "af SECTION II. The Planning aaC Zoning Commission of the City of Denton, Texas, is hereby authorized and directed to let that public street herein named Lillian Miller Parkway be so designated on the official Map of the City Of Denton, Texas. SECTION III. )r. This ordinance shall become effective from and after its date of passage and approval. r,/ L PASSED AND APPROVED this the / 7 day of , 1989. IC A D 0. S 'WART, MA`fOR t CIT OF DEN N, TEXAS ATTEST: CHARLOTTE AL' LEN/ CI -EC {n CITY OF DENTON, TEXAS x` APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTIN13 CITY ATTORNEY CITY OF DENTON, TEXAS BY I NS> ~ 5 ~ ~ 7,. d q.i r r ^ } i . .j~r~ { ' Y' v ',5• 1,,, . J• J Rit o` 4,4 r / t, i t ny R A J 111; . I'L I R j it I tk r 1 NO. -~?o AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOP. MICRO- FILMING OF OFFICIAL CITY RECORDS; SPECIFYING THE TYPES OF RECORDS TO BE MICROFILMED; REQUIRING INDICES TO MICROFILM RECORDS; REQUIR- ING MICROFILM TO MEET REQUIREMENTS OF THE UNITED STATES OF AMERICA STANDARDS INSTITUTE; REQUIRING THE CITY SECRETARY TO CERTIFY THAT EACH MICROFILM RECORD IS A TRUE AND CORRECT DUPLICATION OF THE ORIGINAL PUBLIC RECORD; AND GUARANTEEING THE PUBLIC FREE ACCESS TO INFORMATION ON THE MICROFILM TO WHIZH THEY ARE EN'T'ITLED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the original copies of ordinances, resolutions, and other records maintained by the City Secretary are aging and deteriorating; and WHEREAS, the size of the City vault limits the amount of hard- copy records that can be maintained; NOW, THEREFORE, R THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: A SECTION I. f ;L. 1. Authorization to Microfilm Public Records. That the City; Secretary or other designated officer or employee is authorized to F microphotograph or microfilm the following specific public records 91 of the City kept on file with the City secretary: ordinances, r resolutions, proclamations, minutes of the City council meetings; minutes of the meetings of all boards and commissions of the City, ~I s V indexes to minutes, contracts, bids, bonds, deeds, real property records and oaths of office. 2. Index. That all microfilm records made pursuant to this i ordinance shall have an accompanying index for such records. ' 3. Qualit+_ Standards. All microfilm records made pursuant to this ordinance shall meet the requirements of the United States of America Standards Institute for archivist quality, den.,ity, reso- lutior., and definition except for microfilm records intended only for sh,art term use, as determined by the City Council. h;} 4. Certified. The City Secretary, Deputy Cit!' Secretary or ~Fa other designated officer or employee shall check and certify that each microfilm record made pursuant to this ordinance is a true 4 and correct duplication of the original public record. PAGE 1 r' fT^,.-^.'7r'*-~_ t. WWI 11161 11111 11 5. Access by Public. That ie public shall have free access to information in microphotographs or microfilms made pursuant to this ordinance, which they are entitled to under law. 6. Destruction of Original Records; Notice; Transfer to State 3 Library. (a) That original public records microfilmed in compliance i with this ordinance may be destroyed as directed by the City Council with the advice and consent of the City Attorney, unless otherwise required by federal or state law. (b) That original public records, the subject matter of " which is in litigation, may not be destroyed until such litigation is final. (c) That original public records which are not microfilmed in compliance with this ordinance or which are determined to be worthless by the City Council may be destroyed as directed by the City Council. (d) That notice of proposed destruction or disposition of original public records shall first be given to the State Librarian ,p or State Archivist, and if such records are, in his opinion, needed s" 'i for the State Library, the records shall be transferred thereto. SECTION II. That this ordinance shall become effective immediately upon b its passage and approval. !y~ PASSED AND APPROVED this the day of 1984. i C ARD 0. S ..WART, MAY R CIT OF DEN' V, TEXAS ATTEST, CHARL TTE LLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGF, 2 h ~ ~q NO. AN ORDINANCE AMENDING CHAPTER 4 ("ANIMALS') OF THE CODE OF P"+ } ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING A NEW SECTION PROVIDING FOR THE REGISTRATION OF DOGS AND CATS; ESTABLISHING 6 v FEES THEREFOR; REQUIRING IDENTIFICATION TAGS TO BE WORN BY DOGS 10! tlj AND CATS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED (.200.00) DOLLARS FOR VIOLATION THEREOF; PROVIDING FOR A a t SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: 1.! SECTION I. +t"z That Chapter 4 of the Code of Ordinances of the City of 4 Denton, Texas is hereby amended by adding a new Section 4-23 to read as follows: 'Section 4-23. Registration & Identification of Dogs & Cats 1. Re istratic,. Required: Every owner of a dog or cat kept in the City which is over four (4) months of age shall, within thirty (30) days of the time the person becomes the owner of said animal, and each year thereafter, registers said animal e,ith the animal control officer of the City. An owner within the City temporarily shall not be required ` to register a dog or cat which is not kept within the city for a period of more than sixty (60) days. Fc., k`a 2. Procedure and Fees: The owne: of a dog or cat required+ to be registered herein shall register such animal each year on forms provided by the animal control officer. Each animal to be registered must have a current rabies s vaccination certificate. The registration fee for each animal shall be five dollars ($5.00) per year. Owners r` who submit written proof, satisfactory to the animal ' control officer, that the animal to be registered is incapable of procreation shall be charged a fee of three dollars ($3.00) per year. 3. Registration certificates; Identification Tags a) Upon proper registration of the animal and payment of the proper fee the owner shall be issued a registra- tion certificate and animal identification tag which shall be valid for one year. The certificate shall contain the name and address of the owner of the animal, the effective date, a description of the animal and such ott;er information as the animal control officer deems necessary. t b) The tag shall be affixed to the collar or harness of the animal registered and the owner shall cause said a; collar or harness with affixed tag to be worn at all times by said animal., c) It shall be unlawful for any person t(, alter or obliterate any information contained on current ' identification tag. d) if such tag is lost or destroyed the owner shall obtain a duplicate upon payment of a one dollar ($1.00) fee. t 7%, IF -77 4 ~Wy p KEZ, 11! c \ R - 5 I,. POW. .r r ' SECTION II. j That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding K Two Hundred Dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to ; 1 and cumulative of, any other remedies as may be available at 1<iw and equity. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the, validity of the remaining portions of this ordinance, and the C City Council of the City of Denton, Texas, hereby declares it S+ would have enacted such remaining portions despite any such p l 6 h~~+ ' invalidity. fN SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is k hereby directed to cause the caption of this ordinance to be y5;; published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of 'r the date of its passage. 71, PASSED AND APPROVED this the day of 1484. S.t ~ 1 K CH RD 0. S' EWART MAYOR ITY OF DEN ON, TEXAS ) t I ATTEST: CHARLOTTE ALLEN, CITY SECR TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS c r"Eu BY: ~lY I' R ~x ~i ~q.~-.. w~w!^.n--F;TI}F~arrTd"s✓tTet~7Cad"q'TVFkYO.'r+7~~' _ . 5 i. r,C•2t5-EASEMENT. REAL PROPERTY RECOROS Mirt n Stationery Ca. THE STATE OF TEXAS 9 1460PAGE819 ~ I KNOW ALL \1EN BY THESE PRESENTS: COUNTY OF DENTON 424339 THAT Neham Investments, Inc, and Real Estate Services, Inc Of DENTON COUNTY, TEXAS in consideration of the sun) of One Dollar ($1.00) and no cents------------------ and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the folic wing described property, owned by it . Situated in Denton County, Texas, in the J. Brock Survey, Abstract No. 55 All that cerrain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Brock survey, Abst. No. 55 , and being part of Lot No. 6 Block 1 , of the Paisley Addition, an addition to the CityTCounty of Denton, and also being part of a tract of land as conveyed from David Mulkey to Tom Stingley Corporation by deel dated 11-17-83 _ and recorded in Volume 1294 Page 135 of the Deed Records of Denton County, and more particularly described as follows: Being the West 25 feet of the South 8 feet of said Lot 6, Block I Paisley Add'n. And it is further agreed that the said City of Denton, Texas , in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now ba found upon said property. Forthepurposeof construction, installing, repciring and perpetually maintaining public utilities in, Aong, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements en and repairs to the said public utilities or any part thereof, TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hands this the 9th day of AttguSt A.Dt•,1,9 84 Real Estate Services, Inc, Nellam Inyei_LgWnts. Inc i B B J,rry ag , P sident -Neale, President ) VOL 1460PAGE820 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON } BEFORE ME, the underrigr,ed authority, on this day personally appea M JIM. NEALE PRESIDENT OF NERAM INVESTMENTS, INC r kn6wq' to Ole t*V the person whose name subscribed to the foregoing instrument, and acknowl:edged to me that scut tthe same for the purposes and consideration therein expressed. r+sy' ',1~' N UNMR MY HAND AND SEAL 'sF OFFICE,- :s 9th _ day of August A.D. 19 sa -C sI _j 44 Not Public, inth ri r to of Texas. PennY PO$e cr Y O, My Commissi Expires 0-~ t Q * ACKNOWLEDGMENT TAO ~ ATE OF TEXAS, COUNTY OF DENTON BEFORE h[E, the undersigned authority, on this day personally appeared JERRY. CAGE PRESIDENT OF _REAL ESTATE SERVICES, INC ko,-toilA t to" perypa whose name subscribed to the foregoing instrument, and acknowledged to me that p.. ecu he ~ same for the purposes and consideratio_therein xpred.. N UUN D91l! eMY HAND ANi SEAL OF OFFICF This 9th da of •1USTilSL A.D. 19.884 _ ' AA`v ' Penn Fose C ; \ ary Publn'pn¢ror0~e f to of Texas. Y Y~ hiy Commission Explr 9 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned a • .,:qty, COUNTY-OW--- _ .1 ..._1 on this day personally' appeared - - - - known to me to be the person and officer whose name is subscribed to tie fercgoing ins.rum d and acknowledged to me that tha same was the act of the said _ _ a rnrporaN.on, and that t,e execute the same as the r:ct of arch corporation for the purposes and consideration therein expressed, and in the cacccity therein stated. GIVEN UN"FR MY H.1ND AND SEAL OF omci', This ................day of...... A.D. 19....... (L. S.) . Notary public, in and for the State ei Texas. My Commission Expirea - - _ ^-rLEP't.•3 CERT'IFICAT'E STA HE Y of TE 01' TEXASr 1, County Clerk of the County j;oarkaof yid County, do hereby certify that the foregoing instrument of witing dated on the day of 7 L.... , A. D. 19 with its Certificate of Authentication, was filed for record in my office oo hi ,4 c y. day of` _ _ A. D. 19 at o'clock M., and duly e recorded this r~ Aay 4f` _ ' A. D. 19. at _ o'clock M., in the 8B~.4 ! .•a'Records of said County, in Volume or, pages . WITNESS IKYT{r~g 2QDb` [ 0 ' iE C06NTY CO',RT of said County, at ofllce it, 4' r. n ~--~..5.-5.. , thidaY and )ear last above written. k v... - County Clerk County, Texas. (L.S}r By Deputy. ill ~ 1 I a : Z. U re ` V U E z . rn E T d{ „f E M >C " CWS w W l W t ~0.•,..~hT C13 0 17' n 0 rn r-e C~ X V i v C \Y V~ W w: 52 F xi O 9U : y vo~s ACC 0 z l A ; o ARV ;r8: G o h ~t ? i d H I y k. -N Z W t,,t o o a, ~~1 ~J!•~.! "r i Ear r~. ,aJ r ~ j, i a ~V lt~ ~ r ~C sy~ . % N VOL ~~6ZPdGE0~9 I r I ' i - a - Z. Ts, 7W e OXFORD LM _ ~ i ~fi`t{i r w f~ I L OL I O I a I r F.-"~^~L. v ~ ~ L_ I = I w NO J V .~\~is' yS s 1 ` r r =oia g , lAl 3 2 rn ACOUNTY C, EUK'S MEMO: Legibility of ~IWW7 ` Nriti,.. I ping or printing -V r l L -N ~s.4ijsFAC7oRY • _ b~ I is LLia Docurouu }dtea ewdwa ~ttt~ ~t11t OF TEtAS oOUNry of DWOt! CDumv CLERK, Denton County, Tara! 00 U4 1 hereby cotdy that 1%Instaument wnd reds du M dote and t me stamped hereon by me a corded cn the volume and page at the nomed recordf Cl DeoUn Covrty. TPIV es [trmo`d her con by me. AU G 13 1984 o 01 CDUttly CLEM Denton County.'a # .r vni. MWPb)E848 ,'~Cre2tC _E~SEtvIENi, Martin stw3nery Co., D•Oal THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON REAL PRO ERTY RECORDS THAT North Texas Savings and Loan Association ~r~t, of DENTON COUNTY, TEXAS , in consideration of the sum of One dollar ($1.00) and no cents---------- and other good and valuable consideration in band pair: by the City or Denton receipt of which is hereby acknowledged, do by these presents grant, bargain, sell an i convey unto to the City of. Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it . Situated in Denton County, Texas, in the J. Carter Survey, Abstract No. 274 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Carter survey, Abst. No. 274, and'beipg part'of the Hannah Estates Phase II Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed to North Texas Savings and Loan Association by deed dated 12-06-83 and recorded in Volume 1303, Page 703 of the Deed Records of Denton County, Texas, and more particularly described as follows: Block 2 Being the South 16 feet of Lot 2; Block 3 Being the South 30 feet of the East 16 feet of Lot 29; Beck 4 Being the North 30 feet of the East 16 feet of Lot 1; the South 30 feet of the East 16 feet of Lot 33; Block 5 --Being the North 30 feet of the East 16 feet of. Lot 1; the South 30 feet of the '.Nest 16 feet of Lot li and 20; the Fp.st 30 feet of the South 16 feet of Loc .'.2; the West 30 feet of the South 16 feet of Lot 27 and 28; the South 30 feet of the East 16 feet of Lot 31, 33, 35 and 37; Block 6 -Being the North 8 feet of Lot 2; the West 16 feet of Lot 5, 14 and 15; the North 30 feet of the East 16 feet of Lot 6 and 8;, the South 30 feet of the Fast '.6 feet of Lot 11 and 13; the South 16 feet of Lot 15; Block 7 - -5ein- the East 16 feet of Lot 1; the South 16 feet of Lot 7; the West 16 `-eet of Lot 8; Block & -$tiing the SouthhG 8 feet of Lot 1; the West 30 feet of the South 16 feetAnc~ftLQurthetagreedth:tuFles3n feet of ;he East 16 feet of Lot 4 and 6. City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. Forthepurposeof construction, installing, repairing and perpetually main- taining public utilities in, along, upon anti across said premises, with the right and privilege at all times of the grantee herein. his or its agents, em iloyces, workmen and representatives having ingress, egress, and regress in, along upon and across said tha purpose of making additions to, improvements on and repairs to the said public utilities o } ~~Y }~Srj thereof. t0 jj VE AND TO HOLD unto the said City of Denton, Texas as aforesaid for t r *Ae pt~pcse9ifbre&,id the premises above described. r .~cjiTnAj,, my hand this thl day of August A, D. 19 34 TIFST; North Texas Savings and Loan Assoc. J F O`t B41 Secr~ekazy ry BENNIE tNIDER, PRESIDENT 111101 VOL1462PAGf850 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to mz to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the sarne for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SF,AL OF OFFICE, This day of A.U. 19 (L S.) If Notary Pubhc, in and for the State of Texas, My Commission Expires...... ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he . executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A. D. 19.._ (L. S. ) Notary Public, In and for the State of Texas. My Commission Expires CORPORATION ACKNOWLEDGMENT THE STr1 TEXAS, COUNTY OFk P BEFORE h1E the undersigned authority, ' . i on this disy A(aallyte~ area '!?i118..Ct. _SILLder, Presld°11t,___ _ D)OL,t1'f1 +ScTV~s --Loan Assn. known to me to be the person and officer who/,r name lk'Atttb~ r t the'foregoEng instrument and acknowledged to me that the same was the act of the said _.t,.......N(7T,1 . S.-7nan-Association . _ _ _..._.._._~.~__r._ ■ coq+oratian; that at c the same as the act of such corpor lion for the purposes and consideration therein expr'Q ased,tenr h ca tfe ~ein stated. GIVEN $NDlER,11fY HA~fD AND SEAL OF OFFICE, T is day ol_....AuRust A.D. 19__ 4 tt i' fly-<j Karla Belcher _ in in an..........._. a _ Notary Publiq and for.. SWt.. f Texas, My Commission F.xI Tres o CLERK'S CERTIFICATE THE STATE OF TEXAS, County COUNTY OF I, Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of . _ A. D, 19 with its Certificate of Authentication, was filed for record in my office on the _ day of A. D. 19 at o'clock M., and duly recorded this day of...... A. D. 19_.._. , at o'clock M., in the ....Records of said County, in Volume_ on pages _ WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in the day and year last above written. County Clerk County, Texas. (L. S) BY Deputy. I 5 3 1ia ~t C F; a4):1:.1 e y~ Iv' f; •i~: Q I y V l1, ~ 1 C~ t pyi U n N •ti~ 0 VII at EH tot 04 W: kE o; C]i R ? ea y t17i Ni I Hf u7l W, c rO ~i~' r1-!+! n i i 3 r c L ` C rf Z y'~_,f C'I C11 R. ! i L W t rY I 0l Q 1 V ` .Gi C Q r)'-' y ' I r I tall ~gg I f zz tdS N r,~ ~,M Tk G, r J r dti Y (till w,5y w f ~ T'F" !:i 1 r' ("r N ~`~Yi 1~ 1(Y?!L r~'#1 V rs '4 ✓•aa~ G 1 S JJJ►►►////I,.., a. LLLL a' n 7T Y J ~ ~ ~j c a hf 4 .h ~f , r 'ati ~ '1~~h✓H4~,5.. t,r i. S K it~~.-. ;9' Illy ~ ~ {S W; yylsr,h{,F/,~ "Fq 4ti Ti r~`S v7p + n1 5 ~y~, ~4 `~`4Y .~'~~~pp~"~T{{~~~~p ~5,'€Y Y'?{1!b ^ ~ n I f.. r. •M t , V4 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. E9-1, AND AS SAID MAP APPLIES TO LOT 11A AND 15A, BLOCK 11 NORTHSIDE ADDITION, KNOWN AS 115 WEST COLLEGE STREET, DENTON COUNTY, TEXAS; TO PROVIDE FOR A CHANGE IN ZONING CLASSI- FICATION AND USE DESIGNATION FROM OFFICE 00" DISTRICT CLASSIFICATION s AND USE TO GENh7AL RETAIL "GR' CLASSIFICATION AND USE FOR SAID PROPERTY; r AND DECLARING AN L°FCCTIVE DATE. ' c. rr THE COUNCIL OF THE CITY OF DEN"ON, TEXAS, HEREBY ORDAINS: SECTION I. + The Zoning Classification and Use designation of the following described property, to-wit: All that certain lot, tract or par 'el of land known as Lot 11A and Lot :..a 15A, Block It Northside Addition and being located at 115 West College t?" ` Street, Denton, Texas, ¢ I t^i; is hereby changed from office '0' District Classification and Use to General Retail "GR' District Classification and Use under the Compre- :_ensive Zoning ordinance of the city of Denton, Texas. r, SECTION II. 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 show such change in District Classification and Use. SECTION III. 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 he general welfare of the City of Denton, Texas, ,i and with reasonable co,isideration, among other things for the character I of the district and for its peculiar suitability or particular uses, and with a view to conserving ti,q value of tie buildings, protecting human lives, and encouraging the moot appropriate uoes of land for the i' maximum benefit to the City oc Dento?i, Texas, and its citizens. SECTION IV. That this ordinance shall be in full force and effect immediately .i after its passage and approval, the requited public hearings having, heretofore been held by the ilanning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the asY of 1a~~ ~12..1Z_47" , 1984. 41 ,z I HARD 0. STE A T, MAYCk CIT OF D N TON, TEXAS ATTEST: ( CHARLOTTE ALLENr CITY SECRETARY 'r.,. CITY OF DENTON# TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTOR14EY CITY OF "'ENTON, TEXAS s, i.. GENERAL CERTIFICME THE STATE OF TEXAS CCa. rM OF DEN1W CITY OF DENMi We, the undersigned officers of the City of Denton, Texas (the "issuer") hereby certify as follows: 1. That this certificate is executed for and on beh-If of said issuer with referen-~ to the issuance of the proposed City of D . ton Certificates of Obligation, Series 1984-A, dated August 1, 1984, in the aggregate prin- cipal iurvunt of $1,800,000, authorized by ordinance of the City Council on August 21, 1984, initially issued and delivered as a single fully regis- tered certificate payable in installments to *he registered owner, but convertible into fully registered certificate, in any multiple of $5,000 (the "Certificates"). 2. That said Issuer is a &..y incorporated Some Rile City, having Lure than 5000 inhabitants, cf- ating and existing under the Constitution and laws of the State of Tex%, and the duly adopted Hone Rule Charter of said City, which Charter has not been changed or amended since the passage of the ordinr,nas authorizing the issuance of the Certificates of Obliga- tion, Series 1984, dated January 15, 1984. 3. That no litigation of any nature has ever been filed pertaining to, affecting, questioning, or contesting: (a) the ordinance which author- ized said Is=miner's proposed Certificates described in paragr=ph 1 of this certificate; (b) the issuance, execution, delivery, payment, security, or validity of :said proposed Certificates, '(c) the authority of the governing body and the officern of said issuer to issue, execute, and deliver said Certificates, (d) the validity of the corporate existence of said Issuer, (e) the current Tae Rolls of said Issuer, or (f) the Hone Rule Charter of said Issuer; and that no litigation is pending pertaining to, affecting, questioning, or contesting the current boundaries of said Issuer. 4. That attached to this certificate and narked "Exhibit A" is a true, full, +uxf correct schedule and statement of the aforesaid j -aposed Certificates, and of all presently outstanding tax indebtedness of said Issuer. 5. That: the currently effective ad valorem tax appraisal roll of said Issuer (the "Tax loll") is the Tax lull prepared and approved during the calendar yea: 1983, being the most recently approved Tax Roll of said Issuer; that the taxable property in cku d Issuer has been appraised, assessed, and valued as required and prcvided by the Texas constitution and Property Tax Code (collectively, "Texas law"); that the Tax Roll for said year has been submitted to the City Council of said Issuer as required by Texas law, avid has be--s approved and recorded by said City Council; and according to the Tax Roll for said year the net aggregate taxable value of taxable property in said Issuer (after deducting the &To nzt of all appli- cable exemptions requirel or authorized under Texas law), upon which the annual ad valorem tax of said Issuer has been imposed and lev.n.ed, is $1,073,71301.26. 6. That no petition has been filed protesting the issuanoe of the aforesaid certificates. 7. That the revenues and income of the Issuer derived from the charge made by the ]issuer for collecting garbage, trash, and rubbish from each individual fa:Rily unit in the Issuer, in accordance with Section 12-19(b) of the Ctde (of Ordinances of the Issuer, and any amendrrent thereof or substitute therefor, have never been pledged to the payment of any debt or obligation of the City other than the certificates. SI= ANA SEALED the day of _Z2~1~1984. ~i _77/ 4 or I __P City SEcretary yo (SEAL) 1 "EXHIBIT A° Certificates of Obligation, Series 1984••A, dated 8/1/841 bearing interest, and maturing as set forth in the Ordinance authorizing said Certificates. General Obligation Bonds, Series 1960, dated 7/15/60, now outstanding in the principal amount of $25,000, bearinj inter- est, and maturing in the amounts on July 15 of the years, as follows: 3.859: 25M-85. Streat Improvement Bonds, Series 1962, dated 3/15/62, now outstanding in the principal amount of $60,000, bearing inter- est, and maturing in the amounts on March 15 of the years, as f- llows: 3.209: 20M-85/87. General Obligation Bonds, Series 1963, dated 3/15/63, now outstanding in the principal amount of $80,000, bearing inter- est, and maturing in the amounts on March 15 of the year, as follows: 3.209: 20M-85/86; 3-1/49: 20M-87/88. General Obligation Bonds, Series 1966, dated 1/15/66, now outstanding in the principal amount of $120,0001 bearing interest, and maturing in the amounts on January 15 of the years, as follows: 3-1/29: 60M-85/86. General Obligation Bonds, Series 1967, dated 11/15/67, now outstanding in the principal amount of $150,000, bearing interest, and maturing in the amounts on May 15 of the years, as follows: 4-1/49: 30hi-85/89. General Obligation Bonds, Series 1968, dated 2/1/68, now outstanding in the principal amount of $225,000, bearing interest, and maturing in the amounts on February 1 of the years, as follows: 4.309: 5031-85/87; 75M-88. General Obligation Bonds, Series 1969, dated 4/15/69, now outstanding in the principal amount of $350,000, bearing interest, and maturing in the amounts on April 15 of the years, as follows: 5.108: 70M-85/87; 5.209: 70M-88/89. Ge::eral Obligation Bonds, Series 1970, dated 9/15/70, now outstanding in the principal amount of $350,000, bearing interest, and maturing in the amounts on Mardi 15 of the years, as follows: 5.809: 50M-85; 5.909: 50M-861 69: 5OM-87; 6.109: SOM-881 6.209: 50M-89/90; 59: 50M-91. General Obligation Street Improvement Bonds, Series 1974, dated 7/15/74, now outstanding in the principal amount of $1,000,000, bearing interest, and maturing in the amounts on July 15 of the years, as follows: 5.408: 100M-85; 5-1/28: 10OM-86; 5.608: 10OM-87/88; 5.708: loom-89/90; ; 5.808: loom-91; 5.908: loom-92; 68: 100M-93/94. General Obligation Refunding Bonds, Series 1974, dated 7/15/74, new outstanding in the principal amount of $500,000, bearing interest, and mati,.-ing in the amounts on July 15 of the years, as follows: 5.408: 5OM-85; 5-1/28: 50M-86; 5.608: 50M-87/88; 5.708: +0M-89/90; 5.808: 50M-91; 5.908: 5011-92; 68: 5OM-93/94. General Obligation Bonds, Series 19'; , dated 4/15/76, now outstanding in the principal amount of $1,625,000, bearing interest, and maturing in the amounts on July 15 of the years. as follows: 4.608: 125M-65; 4.708: 125M-86; 4.808: 125M-87; 4.908: 125M-88; 58: 125m-89/90; 5.208: 125M-91; 5.308: 150M-92; 5.401: 150M-93/95; 4-1/2B: 15OM-96. General Obligation Bonds, Series 1977, dated 6/1/77, now outstanding in the principal amount of $2,100,000, bearing interest, and maturing in the amounts on June 1 of the years, as follows: 4.708: 1SOM-85; 4.408: 15OM-86; 4.508: 150M-87; 4.608: 150M-88; 4.708: 15OM-89; 4.808: 150M-90; 4.908: 15OM-91; 5.008: 15OM-92/93; 5.208: 150M-94; 5.258: 20OM-95/96; 4.00%: 20OM-97. Certificates of Obligation, Series 1978, dated 3/1/78, now outstanding in the principal amount of $85,000, bearing irter- est, and maturing in the amounts on March 1 of the years, as follows: 5.508: 10M-8: '47; 15M-88/89; 25M-90. General obligation Bonds, Series 1979, dated 3/15/79, new outstanding in the principal amount of $3,600,000, bearing interest and maturing in the amounts on March 1 of the years, as follows: 5.208: 225M-85; 5.158: 225M-86;88; 5.208: 225M-89/92; 5.25: 225M-93; 5.308: 225M-94; 5.408: 225FS-95; 5.458: 225M-96; 5.503: 225M-97/2000. Certificates of Obligation, Series 1979, dated 10/1/79, now outstanding in the principal amount of $170,000, bearing interest, and maturing in the amounts on January 1 of the years, as follows: 6.758: 1OM-90; 20M-91/93; 25M-94/97. Certificates of Obligation, Series 1979-A, dated 12/1/79, now outstanding in the principal amount of $275,000, bearing interest, and maturing in the amounts on June 1 of the years, as follows: 7.8758: 25M-90/95; 50M-96; 75M-97. Certificates of Obligation, Series 1980, dated 4/15/80, now outstanding in the principal amount of $250,000, bearing interest, and maturing, in the amounts on April 15 of the years, as follows: 10.008: 25M-86/95. General Obligation Bonds, Series 1983, dated 3/15/83, now outstanding in the principal amount of $4,5250000, bearing interest, and maturing in the amounts on March 3.5 of the years, as follow::: 10.008: 225M-85/88; 8.908: 225M-89; 7.708: 225M-90; 8.008: 225M-91; 8.208: 225M-92; 8.408: 225M-93; 8.608: 250M-94; 8.758: 250M-95; 8.908: 250M-96; 9.008: 250M-97; 9.108: 253M-98; 9.258: 2501-99/2003. Certificates of Obligation, Series 1984, dated 1/15/84, now outstanding in the principal amount of $550,000, bearing interest, Lnd maturing in the amounts on January 15, 1989, as follows: 8.008: R-1, 27514; 8.008: R-2, 275M. Total outstanding General Obligation Indebtedness - $16,060,000 LAW OFFICES MCCALL, PARKHURST S HORTON Loner NCCALL 9C0 DIAMOND SHAMROCK TOWER LO«N D. MCCALL PAUL 0 «ORTON Volr19611 PCTCR M TART DALLAS, TEXAS 75201.6567 MILLARO PARKHURST R CMAAD C PDRTI tiwca H,ll ANGELO P PARKER aRt. COO[ Din .ab HOl CLARENCE E. CROMY O. CHARLES KODD15H UDOI+IIII , TKL1CCP,C.Rl' 1`06J0~0 1HDwa1 L POSCHAPSKT• Kf NNETH E. ILTZ JDHV W PI J1114171 A LCU:CHCL T«ONAS K. $-URGE CN August 28, 1984 LE . RI"QCOLARA. = AENNE'H A. APTIN- L C[n [[O IV NLM 10.K C' 11 Charlotte Allen City Sc^retary Municipal Building 215 E:, McKinney Street Denton, Texas 76201 Dear Charlotte: City of Denton Certificate of Obligation Series 1984-A, $1,800,000 Enclosed are pages 1, 20 3, and 20 of the Ordinance passed by the City Council on August 21, 1984, authorizing the issu- ance of the captioned Certificate to be substituted in the copy of the Ordinance retained for your files. Sincerely yours, MCCALL, PARKHURST 6 HORTON 0."" C ~ oy~ Paul R. Horton PBH:k Enc. I ORDINANCE NO. 84-103 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984-A, AND APPROVING AND AUTHOR- IZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON ; WHEREAS, Vernon's Article 2368a.1 permits the City to issue and sell for cash the Certificates of 0h'_igation hereinafter authorized; and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by Vernon's Article 2368a.1, and no petition has been filed protesting the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $1,800,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGA- TIONS TO BE INCURRED PORSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, MACHINERY, AND LAND THEREFOR, AND PAYING A1,L OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCH- ITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION. Section 2. DESIGNATION OF THE CERTIFICATES. Each cert- ificate issued pursuant to this Ordinance shall be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1984-A", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate"), but the Initial Certificate may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registereJ certificates, without interest coupons, having serial maturiti-)s, and in the denomination or denominations of $5,000 or any integral multi- ple of $5,000, all in the manner hereinafter provided. The term "Certificates" as used in this Ordinance shall mean and include collectively the Initial Certificate and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE. (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Certificate, without interest coupons, dated AUGUST 1, 1984, in the denomination and aggregate principal amount of $1,8001000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: MASTER SANFORD COON WARD HOLLAND, INC. or to the registered assignee or assignees of said Certificate or any portion 0: portions thereof (in each case, the 1 "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL CERTIFICATE set aorta in this ordinance. (b) The Initial Certificate (i) may be prepaid or redeemed prior to the respective scheduled duo dates of installnents of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Certificate shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear interest from the date of the Initial Certificate to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the installments of principal of the initial Certificate, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM O" INITIAL CERTIFICATE set forth in this ordinance. Section 5. FORM OF INITIAL CERTIFICATE. The form of the Initial Certificate, including the form of Registration Certificate of the Comptroller of Pvblic Accounts of the State of Texas to be endorsed on the Initial Certificate, shall be substantially as follows: FORM OF INITIAL CERTIFICATE NO. R-1 $1,800,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1984-A THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to MASTER SANFORD COON WARD HOLLAND, INC., or to the registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $1,800,000 (ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS) in annual installments of principal due and payable on AUGUST 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL YEAR AMOUNT YEAR AMOUNT 1980 $ 350000 1996 $ 900000 1987 35,000 1997 100,000 1988 49,000 1998 110,000 1989 45,000 1999 120,000 1990 501000 20:10 135,000 1991 550000 2001 150,000 1992 60,000 2002 165,000 1993 65,000 2003 185,000 1994 75,000 2004 2050000 1995 80.000 2 and to pay interest, from tLe date of this Certificate hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: 12._0% per annum on the above installment due in 1986 12.10% per annum on the above installment due in 1987 12.10% per annum on the above installment due in 1988 12.IC% per annum on the above installment due in 1989 12.10% per annum on the above insW _rn it due in 1990 12.10% per annum on the above install,-nt due in 1991 12.10% per annum on the above installment due in 1992 12.10% per annum on the above installment due in 1993 9.10% per annum on the above installment due in 1994 q.25% per annum on tl: -bove installment due in 1995 9.40% per annum on the above installment due in 1996 9.55% per annum on the above installment due in 1997 9.70% per annum on the above installment due in 1998 9.80% per annum on the above installment due in 1999 9.90% per .~num on the above installment due in 2000 10.00% per annum on the above installment due in 2001 10.00% per annum on the above installment due in 2002 9.125% per annum on the above installment due in 2003 9.125% per annum on the above installment due in 2004 with said interest being payable on FEBRUARY 11 1985, and semi- annuolly on each AUGUST 1 and FEBRUARY 1 thereafter while this Certificate or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of :ERAS AMERICAN BA:'VK/FORT WORTH, N.A., FORT WORTH, (AS, which is the "Paying Agent/Registrar" for this Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check or draft, dated as of such date, drawn by the laying Agent/Registrar on, and payable solely from, fund!i of the 1 Issuer required by the resolution authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, on each sucr. principal and/or interest payment date, to the registered owner hereof, at the address of the regis- tered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registra- tion Books kept by the Paying Agent/ Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Certificate that on or befc.F each principal and/or interest payment date for this Certificate it will make avail- able to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all. principal of and interest on this Certificate, when due. IF THE DATE for the payment of the principal of or inter- est on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeed-ng day which is not such a Saturday, Sunday, legal holiday, or day can which banking institutions are authorized to close; and payment on such date shall ha••e the 3 issued and delivered in conversion of and exchange or replace- ment of any Certificate, but neither shall have a.iy legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. Section 13. SALE OF INITIAL CERTIFICATE. The Initial Certificate is hereby sold and shall be delivered to Master Sanford Coon Ward Holland, Inc., for cash for the par value thereof and accrued interest thereon to date of delivecv. It is hereby officially found, determined, and declared that the Initial Certificate has been sold ac public sale to the bidder offering the '_)west interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated August 7, 1984, prepared and distributed in connection with the sale of the Initial Certificate. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supple- ment, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Certifi- cates is hereby approved. It is further officially found, determined, and declared that the statements and representa- tions cantained in said Official Notice of Sale and Official Statement are true and correct in all material respects, to the best kn)wledge and belief of the City Council and the Issuer. Section 14. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shal.l be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowl- edge, and deliver in the name and under the corporate seal and on behalf of the 'Issuer all such instruments, whether or not herein mentioned, es may be necessary or desirable in order to carry out the terms and provisions of this Certificate Ordi- nance, the Certificates, the sale of the Certificates, and thu Notice of Sale and Official Statement. In case any officer whose signature shall appear on any Certificate shall cease to be such officer bQfore the delivery of such Certificate, such signature shall neve-theleas be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 20 f I I i j~s l PLRTAINING I TO CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1984-A $1,800,006 i . i LAW OFFICES MCCALL. PARKHURST & HORTON DOO WAMONO SHAMROCK tOWE6 DALLAS. TEXAS 75201 CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1989-A $1,80p,000 TRANSCRIPT OF PROCEEDINGS WITH DELIVERY PAPERS i r CITY OF DENTON TEXAS I (Denton County, Teas) I i $1,800,000 i CERTIFICATES OF OBLIGATION, SERIES 1984-A Selling Tuesday, August 21, 1984, at 7:00 PM, CDT OFFICEAL BID FORM Honorable Mayor and City Council August 21, 1984 City of Denton Den ton, Texas Reference is made to your Official Statement and Notice of Sale and BidCmg Instruction, dated August 7, 1984, of $I,800,0'A CITY OF DENTON, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1984-A, both of which constitute a part hereof. For you legally issued Initial Certificate, as described in said Notice of Sale and Bidding Instruction and Official Statement, we will pay you par and accrued interest from date of issue to date of delivery to us, IfF plus a cash premium of $ for the installments of prindpal of the Initial Certilicate coming due, maturing an] bearing lnteiestaas of ows: Interest Interest Interest !Nat urittx Rate Maturity Rate Ataturity Rate_ 8-1-1986 _ 8-1-1992 % 8-1-1999 % 8-1-1987 % 8-1-1993 % 8-1-2000 E 8-1-1988 8-1-1994 % 8-1.2001 8-1-1989 _ 8-1-1993 % 8-1-2002 8.1-1990 % 8-1-1996 % 8-I-2003 % 8-1-1991 8-1-1997 % 8-1-1004 I 8-l-1998 % i Our calcufation (which is not a part of this bid) of the interest cost from the above is: Total Interest Cost $ Less Premium _ NET INTEREST COST $ EFFECTIVE INTEREST RATE % We are having the Certificates insured by__ _ _-m- _ ` The Initial Certificate shall be registered in the name of (syndicate manager). We will advise the Corporate Trust Division, Texas Aerican Bank/Fort Worth N.A., P. 0. Box 2030, Fort Worth, Texas 16113, the Paying Agent/Registrar. on forms to be provided by the Paying Agent/ Registrar, our registration instructions for the definitive Certificates at least live business days prior to the date set for Initial Delivery. We will not ask the Paying Agent/Registrar to accept any registration instructior after the five day period. Check of the Eiank, in the amo:n2 of X36,000.00, which represents our_Good Faith Deposit Zis attat~hereto or men made i available to you prior to the opening of this bid), and is submitted in accordance with the terms as set r forth ii, the OlfiJal Statement and Notice of Sale and Bidding Instruction. We agree to accept delivery of and make payment for the Initial Certificate in immediately available ! funds in the Corporate Trust Division, Texas American Bank/fort Worth N.A., Fort Worth, Texas, not I:.ter than 10-.00 At1, CDT, cn September 23, 1984, or thereafter on the date the Certificates are tendered fit delivery, rursuant to the terms set forth in the Notice of Sale and Bidding Instruction. Respcctf Lily submitted, By Authorized Representative ACCEPTANCE CLAUSE The above and luregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 21st day of August, 1984. ATTEST: Mayor 1+ City Secretary 1 xurrx 1 Return of Good Faith Deposit is hereby acknowledged: _ F By l OFFICIAL BID FORK Honor able.Slayor and City Council August 21, 1984 City of Denton Denton, Texas Reference is made to yon Official Statement and Notice of Sale and Bidd,- It Instructions, dated August 7, E 1994, of $1,81,000 CITY OF DENTON, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1984-A, both of which constitute apart hereof. i For your legally issued Initial Certificate, as described in said Notice of Sale and Bidding;nstructiord and Official Statement, we will pay you par"accrued interest from date of issue to date of delivery to m, plus a cash premium of $ for the installments of principal of the Initial Certificate coming due, maturing and bearing tote?-rest as jol ow s: tll interest Interest Int , Est Maturity Rate Maturity Rate Maturity Rate 8-1-1986 % 8-1-1992 % 8-1-1999 % 8-1-1987 8-1-1993 % 8-1-2000 % 8-1-1988 % 8-1-1994 % 8-1-2001 I~f y 8-1-1989 % 8-1-1993 % 8-1-2002 % 8-1-1990 % 8-1-1996 % 8-1-200) % 9-1-1991 8-1-1997 % 8-1-2004 % 8-1-1998 % Our calculation (which is not a part of this bid) of the interest coa.t from the above is: Total Interest Cost $ ' Less Premitrn ' NET INTEREST COST $ I EFFECTIVE INTEREST RATE % We are having the Certificates insured by I I The Initia! Certificate shall be registered to the name of (syndicate manager). We will advise the Corporate Trust Division, Texas American B:. Fort Worth N.A., P. 0. Box 2030, Fort Worth, Texas 76113, the Paying Agent/Registrar, on forms to be provided by the Paying Agent/Registrar, our registration instructions for the definitive Certificates at least five business days prior to the date set for Initial Delivery. We will not ask the Paying Agent/Registrar to accept any registration instructions after the five day period. Check of the Bank, , in the amount o 36,000.00, which represents our Good Fa~iF-Deposit s attache retc ar been made i available to you prior to the opo.ning of this bid), and is submitted in accordance with the terns as set forth in the Official Statement and Notice of Safe and Bidding Instructions. 4 We agree to accept delivery of and make payment for the Initial Certificate In immediately ava'.labie ff funds in the Corporate Trust Division, Texas American Bank/Fort Worth N.A., Fort Worth, Texas, not later than 10:00 AM, CDT, on September 23, 1984, or thereafter on the date the Certificates are tendered for d0sery, pursuant to the terms set forth in the Notice of We and Bidding Instructions. Respectfully submitted, I - - By Authorized Representative ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City of Denton, Texas, this the 21st day of August, 1984. ATTEST: Mayor City Secretary Return of Good Faith Deposit is hereby acknowledged: i By - I 1 i BOND YEARS Accumulated Year Amount Bond Years Bond Years Year 1986 S 35,OGO 70 70 1986 1987 35,000 105 175 1987 1988 40,000 160 335 1988 1989 45,000 225 560 1989 1990 50,000 300 860 1990 1991 55,000 385 1,245 1991 i 1992 60,000 480 1,725 1992 1993 65,000 585 2,310 1993 1994 75,000 750 3,060 1994 1995 60,000 880 3,940 1995 1996 90,000 1,080 5,020 1996 1997 100,000 1,300 6,320 1997 1998 110,000 1,540 7,860 1998 1999 120,000 1,800 9,660 1999 2000 135,000 2,160 11,820 2000 2001 150,000 2,550 14,370 2001 2002 165,000 2,970 17,340 2u0: 2003 185 000 3,515 20,855 2003 2004 205,000 4,100 24,955 2004 i Ave a e Maturity 13.854 Years i i l r NOTICE OF SALE AND BIDDING INSTRUCTIONS V ON $1,800,000 CITY OF DENTON:, TEXAS tOenton County) CERTIFICATES OF OBLIGATION, SERIES 1984-A } Selling Tuesday, August 21, 1984, at 7.00 PkI, CDT THE SALE Certificates Offered for Sale at Com titive Lading The City of Denton, in Denton County, Texas the "City" , is offering for sale its 1,800,000 Certificates of Obligation, Series 1784-A, to be issued initially as a single fully registered certificate, without interest coupons, payable in installments to the initial registered owner thereof, to be named by the successful bidder (the 'Initial Certificate"), with the In tial Certificate being exchangeable for fully registered Certificates, without interest coupons, in any integral multiple of $5,000. It is expected that immediately after delivery of the Initial Certificate at the corporate trust office of the paying/agent registrar (hereinafter described), the Initial Certificate will be converted into and exchanged by the paying agent/registrar for multiple fully registered certificates, each having a single maturity date (the "Certificates"), in accordance with the Ordinance authorizing the issuance of the initial Certificate and the Certificates (the "Ordinance") and instructions from the successful bidder, all as hereinafter provided. Addre;.; of Bids Sealed bids, plainly marked "Bid for Certificates", should be addressed to "Mayor and Cit) Concil, City of Denton, Texas", and delivered to the City Manager, City Council Chamber, City Hall, 215 E. MclKlnney Strect, Denton, Texas, prior to 7:00 PM, CDT, on the date of tl a bid opening. All bids must be submitted on the Official Bid Form, without alteration or interlineation. Place and Time of Bid Openinz The City Council will open and publicly read the bids for the purchase of the Certificates at the City Council Chamber, City Hall, 215 E. McKinney Street, Denton, Texas, at 7:00 PM, CDT, August 21, 1984. Award of the Certificates The City Council will take action to award the Initial Certificate (or reject all oils promptly after the opening of Lids, and adopt the Ordinance authorizing the Initial Certificate and the Certificates and approving the Official Statement. THE INITIAL CERTIFICATE AND THE CERTIFICATES Description The Initial Certificate will be ea.ed August 1, 1984, and interest will be due on February 1, 1985, and each August I and February ! thereafter until the er lier of maturity or prior redemption. The Certificates issued in exchange and substitutio for C:! Initial Certificate will be issued in fully registered form in an integral multiple of $5,000, e,ch having a single maturity date correspuxhding to the dux date of the installment of principal or portion thereof, and bearing interest at tht rate applicable to such installment of principr: or portion thereof, for wW&, the Substitute Certificate is being exchanged. Principal and semi-annuel interest will be paid by Texas American Bank/Fort Worth N.A., Fort Worth, Texas, the paying agent/registrar (the "Paying Agent/Registrar"). Principal of the Certificates will be payable to the registered owner at maturity or redemption upon presentation to the Paying Agent/ Registrar. Interest on the Certificates %.ill be payable by check, dated as of the interest payment date, and mailed on each interest payment date by the Paying Agent/Registrar to each registered owner as shown on the records of the Paying Agent/Registrar on the Record Date (see "Record Date" herein). The principal of the Initial Certificate will come due and mature on August I in each year, with installments u.f principal payable and maturing as follows: I Principal Principal Principal 4 Year Amount Ycar Amount Year Amount J 1986 35,000 1992 ~ 60,000 1999• 120,000 III+ E 1987 35,000 1993 65,000 200* 135,000 ff 1988 40,000 1994 73,000 2001` 150,000 1989 45,000 1995' 80,000 20020 163,000 1990 50,000 19960 90,000 20034 185,000 1991 53,000 1997• 100,000 20044 205,000 19980 110,000 1 Optional Redemptiore The City reserves the right, at its option, to redeem the Initial Certificatl and the Certificatcs maturing August 1. 1995 through August 1, 2004, both inclusive, as a whole or in part, at the option of the City on August 1, 1994, or on any interest payment date thereafter at par and accrued i interest, i V ! f ) t Successor Pav" n A ent/Re isg tray Provision is made in the Ordinance for replacement of the Paying or thereafter on the date the Irdti .lgent Registrar, I the Paying AgentlRegistrar is replaced by the City, the new Paying Agent/Registrar r for an reason the City shall accept the previous Paying Agent/Registrar's records end act in the same capacity as the previous 1984. If the y i Paying Agent/Registrar. Ar,y Paying Agent/Registrar selected by the City shall be a competent and shall immedan Y contact legally qualified bark, trust company, financial institution or other agency. Each Successor Paying additional thirty days. If the Purc Agentllkegistrar, if any, shall be determined by the City. Ns Good Faith Deposit will be re further obligation. In no event sha Source of Payment The Initial Certificate and the Certificates are direct obligations of the City of the Certificates, provided such fail Denton, Texas, payable out of the receipts from an ad valorem tax levied, within the limits prescribed by ' Deliver of Definitive Certificau law, on all taxable property located within the City, and from the revenues and income of the City deliver the Pa derived from the charge made by the City for collecting garbage, trash, and rubbish from each individual have been received by enthe fVstr, family trait in the City. registered definitive Certificates, i CONDITIONS OF THE SALE with instructions rece: 1 from th4 j shall be the duty of the Purchaser Types of Bids and interest Rates The Initial Certificate will be sold in one block on an "All or None" prior to the delivery of the Initial basis, uid at a price of not less than its par value plus accrued interest to the date of delivery of the request and obtain from, and whit Initial Certificate. Bidders are invited to name the rate(s) of interest to be borr.e by each installm.nt t.,E names in which the Certificates principal of the Injtial Certificate, provided that each rate bid must be in a multiple of 1/8 of 1% or 1/20 maturities, Interest rates and dent of 1% and the net effective interest cost must not exceed 13%. The highest rate bid may not exceed the letter shall be furnished to paying lowest rate bid by more than 3% in rate. No limitation is imposed upon bidders as to the number of rates accept registration Instructions of instructions are not received withi or changes which 'nay be used. Each installment of principal (maturity} most bear one and the same rate. No bids involving supplemental interest rates will be considered. Each bidder shall state in his bid the and delivery of registered definuti total interest cost in dollars and the net effecti a interest rate determined toereby (calculated in the received. manner prescribed by Article 717k-2, VATCS), which shall be considered informative only and not as a part of the bid. ConditiM to Deliver The obli subject to teee Pur aser-s receipt a Basis for Award For the purpose of awarding the sale of the Initial Certificate, the interest cost of Texas, Bond Consul for the City, each bid will be computed by determining, at the rate or rates specified therein, the total dollar cost of Official State ent, all as further d. all interest on all installments of principal (maturities) of the Initial Certificate from the date thereof to ~LeaalO_ r'ons The Initial Cer their respective maturities, using the table of Bond Years herein, and deducting therefrom the premium i Ipal opinion the Attorney Goner bid, if any. Subject to the City's right to reject any or all bids and to waive any irregularities except time of filing, the Initial Certificate will be awarded to the bidder or syndicate account whose name first i Legal Opinions in Official Statem appears on the Official Bid Form (the "Initial Purchaser" or "Purchaser") whose bid based on the above i Certificates. computation products the lowest net effective interest cost to the City. Certification of Official Stateme Good Faith Deposit A Gaol Faith Deposit, payable to the "City of Denton, Texas", in the amount of Certificate, the City will execute a 36,000.00, is required. 5uxh Good Faith Deposit shall be in the form of a Cashier's Check, or its ! Offici al Statement. equivalent, which is to be retained encashed by the City pending the Purchaser's compliance with the i} Change in Fax Ex em t Status... terms of his bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may accompany # Purchaser may ant draw s bid II I the Official Bid Form or it may be submitted separately. If submitted separately, it shall be mark type and character shall be declare available to the City prior to the opening of the bids, and shall be accompanied by instructions from the by ruling of the Internal Revenue bank on which drawn which authorize its use as a Good Faith Deposit by the Purchaser who shall be named taxable or be required to be taken in such instructions. The Good Faith Deposit of the Purchaser will be applied on the purchase price on the i any Federal income tax law enacted date of delivery of the Initial Certificate. No interest will be alloyed on the Good Faith Deposit. In the event the Purchaser should fail or refuse to take up and pay for the Initial Certificate in accordance with bus bid, then said check shall be cashed and accepted by the City as full and complete liquidated damages. 1 The checks accompanying bids other than the winning bid will be returned immediately after the bids are Financial Advisor s Ri 'tt to Bid . . opened, and an award of the Initial Certificate his been made. t right to bi on t eau ncates. DELIVERY OF THE INITIAL CERTIFICATE AND ACCOMPANYING DOCUMENTS Blue Sky Laws By submission of ma i CUSIP Nimbus It is anticipated that CUSIP identification numbers will appear b the Certificates states register will be the Cer but not on the Initial Certificate), but neither the failure to print or type such number on any of the the other Purchaser than will Texas ; the Certificates are offered or sold. Certificates exchanged for the Initial Certificate nor any error with respect thereto shall constitute cause written request and expense, in reg. for a failure or refusal by the Purchaser to accept delivery of and pay for the Initial Certificate in t any state where such action is noes accordance with the terms of this Notice of Sale and the tern s of the Official Bid Forth. All expenses in I relation to the printing u typing of CUSIP numbers on the Certificates shall be paid by the City; Not an Offer to Self This No: provided, however, that the CUSIP Se-vice Bureau charge for the assignment of the numbers shall be the Certificate or the Certificates, but responsibility of and shall be paid for by the Purchaser, I sell the Initial Certificate Is being Official Bid Form and the Official 5 Delivery of Initial Certificate Delivery will be ace mplished by the issuance and delivery of the Initial Official Statement to determine the Certificate, either in typed or printed form, in the aggregate principal amount cf $1,800,000, payable in stated installments to the Purchaser, signed by the Mayor and City Secretary, either manually or by j Issuance of Additional Bonds Th facsimile, approved by the Attorney General, and registered and manually signed by the Comptroller of Obligation Bonds or erL sates of c Public Accounts. Delivery will be at the principal corporate office of the Paying Agent) Registrar. Payment for the Initial Certificate must be made in immediately available fund; for unconditional credit Ratings , The outstanding General to the City, or as otherwise directed by the City. The Purchaser will be given six business days' notice of "/CIF 6y Moody s Investors Service, the time fixed for delivery of the Certificates. It is anticipated that Delivery of the Initial Certificate contract ratings on this issue have be can be made on or about September 25, 1984, and it is understood and agreed that the Purchaser will determinations will be provided as sc accept delivery and make payment for the Initial Certificate by 10:00 AM, CDT, on September 25, 1984, ii - yy~ t j t f 1 e tt r I I 'acement of the Paying Paying Agent/Registrar or thereafter on the date the Initial Certificate is tendered for del~vrry, up to and including October 9, capacity as the previous 1980. If for any reason the City is trable to make delivery on or before October 9, 1980, then the City ail be a competent and shall immediately contact the Purchaser and oiler to allow the Purchaser to extend his offer for an Each Successor Paying additional thirty days. 11 the Purchaser does not elect to extend his offer within six days thereafter, then his Good Faith Deposit will be returned, and both the City and the Purchaser shall be relieved of any further obligelion. In no event shall the City be liable for any damages by reason of its failure to deliver ,ligation of the City of the Certificates, provided such failure is due to circumstances beyond the City's reasonable control. the limits prescribed by ind income of the City Deliver of Definitive Certificates Upon payment for the Initial Certificate at the tune of its sh from each individual delivery, the Paying Agent Registrar shall cancel the Initial Certificate, provided registration instructions have been received by the Paying Agent/ Registrar, and shall register, authenticate, and deliver the registered definitive Certificates, in any integral multiple of $j,000 for any one maturity, in accordance with instructions received from the Purchaser and/or members of 0,e Purchaser's syndicate account. It shall be the duty of the Purchaser to furnish to the Paying Agent/Registrar, at least five business days ck on an "AI I or None" prior to the delivery of the Initial Certificate, written instructions on forms which the Purchaser must date of delivery of the request and obtain from, and which shall be provided by, the Paying Agent/Registrar designating the e by each installment of names in which the Certificates are to be registered, the addresses of the registered owners, the Ae o: 118 of 1% or 1/20 maturities, interest rates and denominations, if such forms are not available, written instructions by bid may not exceed the letter shall be furnished to Paying Agent/Registrar. The Paying Agent/Registrar will not be required to to the number of rates accept registration instructions after the fifth business day prior to Initial Delivery. If such written , instructions are not received withi.t the specified time period, the cancellation of the Initial Certificate r one ard the same rate. gall state in his bid the and delivery of registered definitive Certificates will be delayed until such written instructions are , rreby (calculated in the received, ative only and not as a Condition to Delivery... The obligation of the Purchaser to take up and pay for the Initial Certificate is subject to the Purchaser's receipt of (a) the legal opinion of Messrs. McCall, Parkhurst dr Horton, Dallas, rte, the interest cost of Texas, Bond roulLel for the City, (b) the no-litigation certificate, and (c) the certification as to the the total dollar cost of Official Statement, all as further described in the Official Statement. rant the date thereof to } therefrom the premium Legal Opinions The Initial Certificate is offered when, as and if issued, subject to the utqualified Ik egularities except time legal opinion of the Attorney General of the State of Texas, and Messrs. McCall, Parkhurst & Horton (see ,oust whose name first Legal Opinions in Official Statement} the opinion of Bond Counsel will be printed on the definitive bid based on the above Certificates. Certification of Official Statement At the time of payment for, and delivery of the Initial cxas" in the amount of Certificate, the City will execute and deliver to the Purchaser a certificate in the form set frth in the 'ashier's Check, or its official Sta!ement. -'s compliance with the Change in Tax Exempt Status At any time before the initial Certificate is tendered for delivery, the !e it may accompany made Purchaser may withdraw his bid if the interest received by private holders from certificates of the same y instructions fe he type and character shall be decle.red to be taxable income under present Fed. al income tax laws, either v who shall r the by ruling of the Internal Revenue Service or by a decision of any Federal court, or shall be declared ser taxable or be requires' to be taken into accotnt in computing any Federal income taxes, by the terms of purchase price on the any Federal income tax law enacted subsequent to the date of this Notice of We and Udding Instructions. d Faith Deposit. In the -ate in accordance with GENERAL cte liquidated damages. ately after the bids are Financial Advisor's Right to Bid First Southwest Company, the City's Finacial Advisor, reserves the right to bid on the Certificates. .~CUMENTS Ll a Sky Laws By submission of his bid, the Purchaser represents that the sale of the Certificates in car on the Certificates states other than Texas will be made only purses. it to exemptions from registration or, where necessary, ber on any the the Purchaser will register the Certificates in accordance with the securities law of the states in which nm y the Certificates are offered or sold. The City agrees to cooperate with the Purchaser, at the Purchase's o shall constitute cause written request and expense, in registering the Certificates or obtaining an exemption from registration in Initial Certificate in any state where such action i! necessary. I Forth. All expenses in be paid by the City; Not an Offer to Sell This Notice of Sale does not alone constitute an offer to sell the Initial ie nunbers shall be the Certificate or the Certificates, but is merely notice of the sale of the Initial Certificate. The offer to sell the Initial Certificate is being made by means of the Notice of Sale and Bidding Instructions, the Official Bid Form and the Official Statement. Prospective purchasers are urged to carefully examine the i delivery of the I e in Official Statement to determine the investment quality of the I•ltial Certificate and the Certificates. $1,800,000, payablle in E either manually or by Issuance of Additional bonds The City does not contemplate the issuance of any additional General f by the Comptroller of Obligation Bonds or Certificates of obligation in the near future. lying Agent/Registrar. or unconditional credit Ra~t,nAss The outstanding General Obligation Bonds and Certificates of Obligation of the City are rated business days' notice of 'A 1. by Moody's Investors Service, Inc. and by Standard dt Poor's Corporation. Applications for the Initial Certificate contract ratings on this issue have been made to bath Moody's and Standard d Pooes. The results of their hat the Purchaser will determinations will be provided as soon as possibic. ,c September 25, 1980, t -iii - i M nicipal Bond Insurance In the event these Certificates are qualified for municipal bond insurance, and the Purchaser dectres to purchase such insurance, the cost therefor will be paid by Purchaser. The Official Statement The City will furnish to the Purchaser, without cost, 30 copies of the Official This r .:icial Statement does not eonstittn~ Statement (and " copies of any addenda, supplement or amendment thereto), complete except as to to make such offer in such jtrisr1ction. No interest rates and other tenns relating to the reoffering of the Certificates. The Purchaser may arrange make any representation, other than those u at his own expense to have Oe Official Statement reproduced and printed if he requires more than 50 mac, such informat:ot or representation r4 copies, and may also art'nge, at his total expersse and responsibility, for completion and perfection of the to chancre without notice and neither the, ftrr: or Cover page of the Official Statement so as to reflect inter -A rates and other terms and circumstances, create any implication that t information related to the reoffering of the Certificates. The City assumes no responsibility or obligation for the distribution or delivery of any of these copies to any one other than he Purchaser. Additional Co 'es of Notice Bid Form and Statement A limited number of additioral copies of this Notice o Sate and Bidd ng Instruct ins, the O fidal Bid Form and the Official Statement, as available over and above the normal nailing, may be obtained at the offices of First Southwest Company, Investment Bankers, 800 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advisor to the City. INTEREST FP The City reserves the right to reject any and all bids and to waive irregularities, except time of fifinl;. On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Initial Certificate and the Certificates, approve the form a-` content of the Official Statement, arA any addenda, supplement or amendment thereto, and authorize its use in the reoffering of the Certificates by the Purchaser. CER. RICHARD O. STEWART Dated: August 1, 1980 Mayor City of Denton, Texas Interest on the Certificates will ti 1985. The Certificates will Nt ist ATTEST: any one maturity. Principal of t CHARLOTTE ALLEN redemption upon presentation at t City Secretary Fort Worth, Texas, the paying ag City of Denton, Texas Cates will be payable by check, Agent/Registrar to registered ov Record Date (see "Record Date for August 7, 1480 These Certificates (the "Certifica "Initial Certificate"), are direct otj an ad valorem tax levied, Within I City, and from the reveeues U4 ColleCting garbage, trash, and rubd These Certificates are authorizee and are direct obligations of the Cl Amount Maturity Rate U-S, 00G 8-)-1986 33,000 8-1-1987 00,000 8-1-1988 45,000 8-1-1989 50,000 8-1-1990 55,000 8-1-1991 60,000 8-1-1992 63,000 8-1-1993 73,000 8-1-1990 80,000 8-1-1993• The Cit; tsserves the right, at i in whole or part, on August 1, 1594 accrued interest to the date fixed the Certificates, the City shall ca and the Paying Agent/Registrar wi first class, postage prepaid, to each at the address ,f the ownei appear 05th day prior to such redemption d Pa yon en t Le alit Messrs. McCall i0 pinion pri -iv- Deliver . iclpal bond insurance, by the purchaser. 0 type: of the Official This Official Statement does not constitute an offer to sell Certificates in any jurisdiction to any person to whom it is unlawful complete except as to to make such offer in such jurisdiction. No dealer, salesman, or any other person has been authorized to give any information or purchaser may arrange make any representation, other than those contained herein, in connection with the offering of these Certificates, and if given or requires more than 50 made, such information or representation must not be relied upon. The information and expressions of opinion herein are subject on and perfection of the to change without notice ar, neither the delivery of this Official Statement nor any sale made hereunder shall, under any and other terms and circumstances, create any .mplication that there has been no change in the affairs of the City since the date hereof. possibility or obligation chaser. OFFICIAL STATEMENT additional copies cf this Statement, as ava?able Dated August 7, 1984 t southwest Company, Advisor to the Cicy. INTEREST EXEMPT, IN THE OPINION OF BOND COUNSEL, FROM PRESENT FEDERAL INCOME 'FAXES ,cept time of filing. $1,800,000 e issuance of the Initial CITY OF DENTON, TEXAS -'al Statement, and any (Denton County) g of the Certificates by E CERTIFICATES OF OBLIGATION, SERIES 1984-A RT Dated: August 1, 1984 Due: August ],as shown below xas interest on the Certificates will be payable August 1 and February 1 of each year commencing February 1, 1985. The Certificates will be issued only in fully registered form in any integral multiple of $5,000 for any one maturity. Principal of the Certificates will be payable to the registered owners at maturity or redemption upon presentation at the principal corporate office of Texas American Bank/Fort Worth N.A., llil Fort Worth, Texas, the paying agent/registrar (the "Paying Agent/Registrar"). Interest on the Certifi- cates will be payable by check, dated as of the interest payment date, and mailed by the Paying Agent/Registrar to registered owners as shown on the records of the ?aying Agent/Registrar on the Record Date (see "Record Date f or Interest Payme.X These Certificates (the "Certificates" or "Certificate", which shall include for purposes of definition, the "Initial Certificate'), are direct obligations of the City of Denton, Texas, pa able out of the receipts from an ad valorem tax levied, within the lin'•- prescribed by law, on all tax35:^ property located within the City, and from the revenues and income of the City derived from the charge made by the City for collecting garbage, trash, and rubbish from each individual family unit in the City. These Certificates are authorized pursuant to Article 2368a.1, Vernon's Annotated Texas Civil Stat,rtes, and are direct obligations of the City of Denton, Texas. MATURITY SCHEDULE r.muunt Maturity Rate Yield Amount Maturity. Rate Yield $35,000 8-1-1986 90,000 8-1-1996* 35,000 8-1-1987 100,000 8-1-1997* 40,000 8-1-1988 110,000 8-1-1998• 45,000 8-1-1989 120,000 8-1-1999+ 50,000 8-1-1990 135,000 8-1-2000* 55,000 8-1-1991 150,000 8-1-2001* 60,000 8.1-1992 165,000 8-1-2002* 65,G o 8-1-1993 185,000 8-1-2003* 75,000 8-1-1994 205,000 8-1-2004* 80,000 8-1-1995" • The City reserves the right, at its option, to re3eem Certificates maturing on and after August I, 1995, in whole or part, on August 1, 1994, or any interest payment date thereafter, at the par value thereof plus accrued interest to the date fixed for redemption. Not less than 30 days prior to a redemption date for the Certificates, the City shall cause a notice of redemption to be published as required by the Ordinance, and the Paying Agent/Registrar will be obligated to send a notice of redemption by United States mail, first dass, postage prepaid, to each registered owner of a Certificate to be redeemed, in whole or in part, at the address of the owner appearing on the registration books of the Paying Agent/Registrar as of the 45th day prior to such redemption date. Payment Record: The City has never defaulted. Legality The Attorney General of Texas, and Messrs. McCall, Parkhurst & Horton, Attorneys, Dallas~T~xas_. t Opinion Printed on the Certificates; See Legal Opimoru.) Delivery: Anticipated on or about September 25, 1984. I t 1 INTRODUCTORY STATEMENT eu, mandates, among icepting those with a This Official Statement of the City of Denton, Texas, a political subdivision Incated in Denton Comty (the "City"), is provides to furnish information in cooi.ection with the sale of the Citys $1,800,000 form in any integral Certificates of Obligation, Series 1984-A (the "Certificates" or "Certificate"). ole to the registerea The Official Statement was prepared to presant for the purchaser of the Certificates information e of Texas American concerning the Certificates, the ad valorem taxes pledged, and revenue available for the payment of the the Certificates will Certificates, the description of the revenue base, factors that may affect pledged revenues, and other q Agent/Registrar to pertinent data, all as more fully described herein. See "Table of Contents". 71 Date (see "Record Source of Payment The Certificates are direct general obligations payable from a combination of the receipts from an ad valorem tax levied, within the limits prescribed by law, on a:l taxable property ement of the Paying located within the City, and from the revenues and income of the City Jeri-ed from the charge made by ar at all times while the City for collecting garbage, trash, and rubbish from each individual family unit in the City. yank, trust company, as and perform the Purpose Proceeds of the $1,800,000 Certificates will be used for solid waste disposal facilities. hange in the Paying notice thereof to be Issuance of Additional Bonds The City does not contemplate the issuance of any additional General sss, postage prepaid, Obligation Bonds or Certi icates of Obligation in the near future. Administration of the City The City operates under a Home Rule Charter which was approved by the lstered only on the electorate February 24, 1959. The Charter provides hr the Council-Manager form of government for the and transfer shall be City. Policy-making and supervisory functions are the responsibility of, and vested in, the Mayor and City .,vernmental charges Council, consisting of seven members elected at lar;e by a vote of a majority of the residents of the City Certificate may be for rotating two-year terms. The City Manager is appointed by and serves at the will of the City Council icate or Certificates to execute the laws and administer the government of the City. :erred or exchanged, rt practicable, new registered owner or e Certificates to be :ed by the registered ir. New Certificates ?f $3,000 for any one aces surrendered for shall not be required e of business on any or (ii) with respect 43 days prior to its " r t payable on any -S- c VALUATION AND DEBT INFORMATION CAPIL 1983 Market Valuation, Established by Denton County Appraisal District (1) $1,150,231,819 The City has leased W lease/purchased a varieti heavy equipment such as street sweepers, dump tr, Less Exemptions: (2) $29,161, 352 in 1983 though 1986. Annual costs of the leases ar Homestead 27,368, 710 Over 63 467,821 1983 Disabled or Deceased Veterans 19,520,610 16,318,693 1986 Agricultural Productivity $1,073,713,126 The City has no other nor>_funded debt as of Judy 1, 1983 Taxable Assessed Valuation VALUATION AND FU City Funded Debt Payable From Ad Valorem Taxes: General Obligation Bonds and Certificates of $I6, 340,000 Obligation (as of 7-1-84) 1,800,000 Taxable The Certificates 18,140,000 Fiscal Assessed Total Funded Debt Payable From Ad Valorem Taxes (3) $ Period Valuation 633 ~4-~ 112,139,726 Interest and Sinking Fund (as of 1-1-84) $ 370, 1975.76 124,327,113 1.69% 1976-77 136,340,625 i Ratio Total Funded Debt to Taxable Assessed Valuation - 1977-78 271,339,229 (1) 1980 U. S. Census Population - 48,063 1978-79 288,902,702 1979-80 304,943,680 1984 Estimated Population - 52,2000 1980-81 337,948,941 Per Capita Taxable Assessed Valuation - $20,569.22 1981-82 663,437,093(2) Per Capita Total Funded Debt - $347.51 1982-83 1,049,946,349(3) Area- 33.2 Square Miles 1983-84 1,073,713,126 • Source: North Central Texas Council of Governments. (1) Increased basis of assessment from 40% to 60'6 (2) Increased basis of assessment from 6D% to 100 (q The appraisal 01 property within the City is the responsibility of the Appraisal District for Denton Revaluation. County. The Appraisal District is required under the Property Tax Code to assess all property within the Appraisal District on the basis of 1003 of its appraised value and it prohibited from applying any TAXABLE ASSESSED VALI assessment ratios. The value placed upon property within the Appraisal Listrict is subject to review by ' the Appraisal Review Board, consisting of three members appointed by the Board of Directors of the Property Appraisal District. The Appraisal District is required to review the value of property within the Appraisal Assessment District every four years. The City rnay require annual revirm at its own expense, and is entitled to As Assessment Real Property % of challenge the determination of appraised value of property within the City by petition filed with the Fiscal Appraised %o: Appraisal Review Board. Period Value Amount T~ot~ 1973-74 400% 2,409,280 80.6a 12) Pursuant to authority p^rmitted by Section I-b, Article Vill of the State Comtitu?ion, the City has 1974-75 40% 89,883,677 80.14 granted an exemption of $16,000 of market valuation to the residential homestead of property owners 197576 40% 95,735,078 77.00 over 63 years of age and disabled propc.ty owners. Also, the Legislature, pursuant to a constitutional 1976-77 40% 98,863,846 72.41 amendment and Article 7150h, VATCS, mandated an additional property tax exemption for disabled 1977-78 60% 213,133,760 78.59 veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the 1978-79 60% 221,300,472 76.60 armed forces. The exemption from taxation applies to either real or personal property with the amount of 1979-80 60% 229,022,620 73.101 assessed valuation exempted ranging from $1,500 to $3,000, dependent upon the amount of disability or 1980-81 60% 246,215,248 72.89 whether the exemption is applicable to a surviving spouse or children. Additionally, State law provides 1981-82 ID016 430,732,239 67.94 that an eligible owner of agricultural land or timberland may apply to have such property appraised on the 1982-83 1D0% 831,397, 479 79.18 basis of productivity value or on the basis of market value, whichever is less. 1983-84 100% 829, 133,028 77.2 A 1981 constitutional amendment provides local governments the option of granting homestead ESTIMATED OVERLAPPING FUNDED DE exemptions of up to 40% of market value for the 1982 through 1984 tax years, up to 30% of market value s o for the 1983 through 1987 tax years, and up to 20% of market value thereafter. Minimum exemption is $5,000. The amendment further provides that taxes may continue to be levied against the value of the homestead exempted where ad valorem taxes have been previously pledged for the payment of debt, if cessation of the levy would impair the obligation of the contract by which the debt was created. Toxin Jurisdiction City o Denton (3) The above statement of indebtedness does n:t include $24,220,000 Utility System Revenue Bonds Denton Independent Schoa District presently outstanding, as such Bonds are payable solciyf rom and secured by a pledge of the Net Revenues of the Denton County Utility System, as defined in the Bond Ordinance authorizing the Bonds. Total Overlapping Funded Debt Ratio Overlapping Funded Debt to Taxable Assessed Per Capita O verlappi n -6- - j ) i, CAPITAL LEASES $1,150,231,819 Tt,e City has leased and lease/purchased a variety of equJpm ent ranging from reproduction machines to heavy equipment such as street sweepers, dump trucks, compactors and an ambulance. The leases expire 52 in 1985 through 1986. Arvval costs of the leases are as follows '10 c21 1985 $2e9,968 10 76,518,693 1986 80, 860 $1,073,713,126 The City has no other non-funded o-bt as of July 1, 1984. VALUATION AND FUNDED DEBT HISTORY Ratio Fundcd 500 Funded Debt Dcbt to Taxable Outstanding Taxable $ 18, 140,000 Fiscal Assessed at End Assessed Period Valuation of Year Valuation $ 370,635 1974-75 112,158,726 7,695,00 6.86% 1975-76 124,327,113 9,585,000 7.71% 1.69% 1976-77 136,540,625 12,024,000 8.81% 1977-78 271,339,229 f1) 11,533,934 4.25% 1978-79 288,902,702 15,215,101 5.27% 1979-80 304,943,680 15,364,488 5.04% 1980-81 337,948,941 13,053,000 4.45% 1981-82 663,437,088(2) 12,935,000 1.95% I 1982-83 1,049,946,549(3) 16,702,000 1.59% 1983-84 1,073,713,126 15,490,000 1.44% (1) Increased basis of assessment from 40% to 60%. s sal District for Denton (2) Increased basis of assessment from 60% to 100%. (3) _ss all property within the Revaluation. `Jbited from applying any TAXABLE ASSESSED VALUATIONS BY CATEGORY ct is subject to review by Board of Directors of the Property petty within the Appraisal Assessment xperue, and is entitled to As %o1 Real Piro rty~ Personal Property Taxable by petition filed with the Fiscal Appraised % of % of Assessed Period Value Amount Total Amount Total Valuation 1973-74 40% 82,409,280 80.62% 19,813,560 19.38% 102,222,840 Constituticn,the City has 1974-75 40% 69,883,677 80.14% 22,275,049 19.86% 112,158,726 stead of property owners 19776 40% 95,733,078 77.00% 28,592,085 23.00% 124,317,163 rsuant to a constitutional 1976-77 40% 98,863,846 72.41% 37,676,779 27.59% 136,540,625 exemption for .fisabled 1977-18 60% 213,135,760 78.55% 58,203,469 21.45% 271,339,229 hile on active duty in the 1978-79 60% 221,300,472 76.6996 67,602,230 23.40% 288,902,702 cperty with the amount of 1979-80 60% 229,022,620 75.10% 75,921,060 24.90% 304,943,680 he amount of disability or 1980-81 60% 246,205,248 72.85% 91,743,693 27.15% 337,948,94! n4y, State law provides 19;1-82 100% 450,732,259 67.94% 212,704,829 32.06% 663,437,088 property appraised on the 1982-83 100% 831,397,479 79.18'6 218,549,070 20.82% 1,049,946,549 1983-84 100% 829,133,028 77.22% 244,580,098 22.78% 1,073,713,126 of granting homestead ESTIMATED OVE4LAPPING FUNDED DEBT PAYABLE FROM AD VALOREM TAXES L? to 30% of market value Aso 7-1-84 r. Minimum exemption is against the value of the Estimated cr the payment of debt, it Total % Overlapping bt was created. Taxing Jurisdiction Funded Debt A icable Funded Debt City of Denton 18,140,000 100.00% 18,140,000 tv System Revenue Bonds Demon Independent Schooc District 22,720,000 93.76% 21,302,272 lof the Net Revenues of the Der ton County 9,835,000 29.44% 2,895,424 ` Taal Overlapping Funded Debt $42,337,696 Ratio Overlapping Funded Debt to Taxable Assessed Valuation 3,94% i Per Capita Overlapping Funded Debt - $811.07 -7 i Beres.w.'rR..............,,~.~...a:n.~, I TAX RATES OF OVERLAPPING SUBDIVISIONS Ta d n~J ui sd coon 1983 1982 1981 1980 1979 aoW ~ ttyoC' f Denton .360 0.3100 X774 X1.24 1.24 Denton Independent Scholl District 0.810 0.7300 1.220 1.25 1.68 w W n Denton Canty 0.212 0.1663 0.237 0.77 0.67 0 TAX RATE LIMITATION , All taxable property within the City is subject to the assessment, levy and collection by the City of a ° a°GGo^?a continuing, direct annual ad valorem tax sufficient to provide for the payment of principal of and interest 4n cc k n 3 Co o N on 311 types of tax obligations of the City within the limits prescribed by law. Article XI, Section 3, of = mn e. o the Texas Constitutions applicable to the City of Denton, and limits its maximum ad valorem tax rate to W N N N N N.+ . , . $7.30 per $100 Assessed V,,wluation...for all City purposes. The City operates under a Home Rule °C M Charter which adopts the Corutitutional provisions. a 022 TAX DATA oN 06no0 1, ea[ C'.'tu i.rt 1-301 a V O. N N N O °o NNpi Cy NNNNNN Distribution Tax T "x General Interest and % Current % Total Year Ra'e Fund Sinldn Fund Tax Levy Collections Collections 1973-74 71 00 ~$46b 0. 04 1,737,788 96.20% 91.oT% v, 1974-73 1.700 0.8973 0.8022 1,906,698 93.12% 97.64% g N H n o° o 1975.76 1.i% 0.8174 0.8826 2, 113,562 94.74% 97.34% OT1ff .'.A NI~.Y U'I 197677 1.780 1.0938 0.6862 2,430,423 94.74% 97.74% ai cc cc Co well oto ,n .-N M H M .y Y .6 .n 1977-73 1.200 0.7728 0.4672 3,364,606 93.04% 94.35% ~ ~ 1978-79 1.140 0.7280 0.3120 3,382,433 94.05% 96.37% = WW 197 1.240 0.7286 0.3114 3,780,389 93.67% 96.69% w w 1980-81 1.290 0.6700 0.6200 4,359,341 93.17% 93.64% Q F 1981-82 0.770 0.4650 0.3090 4,930,971 46.26% 99.04% o Q Q Q Q 1982-83 0.310 0.3375 0.1725 3,376,210 95.27% 98.04% a ~2525525080ooi. ] 983-E4 0.360 0.3499 0.2101 6,012, 794 93.23%* 98.93%* of 0 vo v o N e i * Nine months, for period ended June 30. er I W Property within the City Is assessed as of January I of each 'r y Year; taxes become due October 1 of the same year, and become delinquent after January 31 of the following year. Split payments are cl N~~ °Na $ u permitted: first half by December 31; second half by March 31. Discounts are not allowed. o m 9 es., co N e. c AP')N"p N++ cr. MUNICIPAL SALES TAX v i",o n v .0 od, N H.-.00`. M10N of ec4ve 4- -68 . . The City has adopted the provisions of Article 1066c, Vernon's Texas Civil Statutes, as amended, which grants the City the power to imFKle and levy a 1% Local Sales and Use Tax within the City, the proceeds being credited to the General Fuid. Collections and enforcements are effected through the offices of the o N o N v+n a a Comptroller of Public Accounts, State of Texas, who remits the proceeds of the tax, after deduction of a N v+O N v.. W c co OGD ai Pf~ONe~C 2%service fee, to the City monthly. Revenue tram this source has been: o M f2 ~ ^ r. Co nrN~'^ N m O o, Co 2 t, vine a r, %of EquivaJentof z° Total Ad Valorem Ad Valorem Per ea w Year Collected Tax Levy Tax Rate Capita 7913 875,564 50.38% -564 19.68 1974 926,080 33.29% 0.9059 20.81 $ $ g $ g $ g p 1973 1,000j932 32.68% 0.8924 21.39 1976 0 c fig o en u+o o c~ 1,194,335 56.66% 0.9632 23.28 a a n n 1977 1,254,432 51.33% N N o O P a P G 0.9239 26.19 N. N H M M , 1978 1,629,832 48.44% 0.6007 31.62 1979 2,065,124 37.33% 0.7134 39.83 44 1 1980 2,536,!24 67.62% 0.8723 47.96 1981 1982 3,017,806 69.22% 0.5358 57.00 °C co m a rn o°+ 3,293,302 66.82% 0.3408 64.17 1983 3,171,313 o 52.74% 0.2954 63.31 3 -l f i i;20N5 J t7724 1980 1979 a t' L 29 1.24 1.25 1.62 K n m ro° 0.237 0.77 0.67 a J h pp N MMlrf K' QI- Co N.pNOEmpPPn 00 (t~~ C4 HZ WNW+t~hh CI! 17, Win MaON M Co N Co 0, V1 M Cl Z O~ m0-+NnmP-~.OP~I~N CN C4 evy and collection by the City of o W m 4.10 M K v P M N N O h u+ ui m n h h o t0 O payment of principal of and interest o oc M a m v o m o a v m o u+ m M o p[ n x.-. R 444 M1mn n.ObV MNmmnK11(10N .O d by law. Article Xf, Section 3, of OOOQttt N 4-: N N its maximum ad valorem tax rate to o City operates under a Home Rule O O+L100+[~tnOO+t1000000KIN O+/+ Ki W C h n O OON.n .+'INh OOn 00 N M Co Co O OOM.OO :~nRlAnM NNPN N ~ P.; O.'+ N N t.1^.O M O N K NOMa M Yt.O O tJ m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Q 6U H M Ce 96 Current % Total Ce Collections Collections 96.20% 97.03% ,vi oo noov+ moo r o0000o n +ov v+ h .A N n f- o o rJ +r+ Yl tV n o M Cm l MMco C> 97.64% WM M Q OOM.o vn V h n m NONP~t+ N C 95.12% K 94.74% 97.54% V PP S hNn-y~cc ONN NOmV !i O 94.74% 97.74% LL mmcomnnw ot+a VMN..omnV O N N N LL 9'.04% 94.35% M 94.05% 96.37% = u N o 93.67% 96.69% ~ W °93.17% 93.64% ~ 96.26% 99.04% o0000000$ooooogooao o 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 O 95.27% 98.04% M o00000000000oooooc;o o = M0.+10.n 0o m 0 P 0 O 000 CoN O f' 95.23%4 98.93%• w M MV V V no %o n~e4 Ma~oN m r Q W W 5 taxes become due October 1 of the m Mowing year. Split payments are W N H h .o N, n m P P N M .o m W g g M W M w _1 O mmNY>'O Nom-. .D-~.OWV1 [DMNN-~m10 m J lilts are not allowed. m O m T M m N h O N N .p P .O .r m .Lt P U P hhMNbN-+P .f KIN Nh Nn O.-. ~ Z aiA N.L+Ma1000Nm N.Om MP•COm.O N.-.OP.).O ~A aad MN.-tPV ~~MNN N w N Civil Statutes, as amended, which ~ ~ N DO M W 'se Tax within the City, the proceeds r, O N An ONN M O P M %0 Co M e effected through the offices of the pppp N n P O N M V Do o+ o W U+a~'~ N N o Co O ODOm -r m N BONN Pl0-"4...I P Pmn hmN-. N-tP CKthh Nnn V.'. h Beds of the tax, after deduction of a m t7 MQ h O-yMn-+IA m N.D ONN W+t1M-+ -Wi en: Z OPm mh.O Ui u•+v MMNN-+.+ N ~ O W W nt of xa N W rem Per F ~ to capita 64 19.68 000ooooo$c0oooooo$(3rv o ono oo0o0 000 Q~ zo 0 59 2D.91 e; . . . 0000$ 00$00000 o C>c)o 000 000 nou+ooogotn ri ei no~o o r- rr.-. Y1b.-.-+P r.hO OhhnhN 1ff •Ir N 124 21.34 0 02 23.28 NN-.-+OOP PPOP PhadaNNN O oWc 134 26.19 )07 31.62 X34 39.83 73 47.96 oezol n Oh MV n%a Co 0,0 .NMv 158 39.00 M maOo'o' PPPPPPPPOOOOg O\ P P P P P P P P P P P P P P P 0 0 Co. !GS 64.11 a~zP .,.....,.......-,.,.......,......NIVNNN 154 63.34 -9- I TOP TEN TAXPAYERS UTf 1983 %of Total in March of 1983, the City Issued $23,21 Taxs~ la Taxable and legally defease the existing bonded debt of Assessed Assessed the City and to combine the separate systems in Nature of Property valuation Valuation Name of Tax er Tn,c 33,943,630 3.17% The Public Utillties Board Peter r t Motors ompany Diesel 33,793,891 3.15 General Telephone Company Telephone Utility i3,276,B1D 1,70 By City Charter, there has been creates victor Equipment Company welding Equipment t3,501,587 1.26 members, appointed by the City Council with Andrew Corporation Radio Antenna Manufacturers 13,425,719 1.23 serving as ex-officio members of the Board wit First State Bank Bank 10, 521, 501 0.98 of Utilities as a consulting, advisory and supervo Denton Mall Sho ppi ng C e nter 9,279,910 0.86 Moore Business Forms, Inc. Business Form Manufacturer 9,570,911 0.80 The duties of the Board are summarized a First Denton National Bank Bank Westgate Medical Center Hospital and Professional Building 8,300,676 0.77 Acne Brick Company Brick Manufacturer 7.529L399 0.70 1. Review of the annual budget and the $157,150,269 14.64% 2. Review of recommended: AUTHORIZED OUT UNISSUED GENERAL OBLIGATION BONDS - NONE a. expansion of, additions to, bete b. Incurring of debt; *4004.0* c. Issuance of bonds, and d. fixing of rates and charges. CONDENSED STATEMENT OF UTILITY SYSTEM OPERATIONS 3. Submission annually to Planning a improvements whIch, In the opii2 forthcoming five (3) year period, Fiscal Years Ending September 30y 1979 1980 1981 1982 -983 All actions of the Board are subject to fir, THE Gross Revenues: ELE Electric $18,216,763 $21,613,985 $25,945,169 $31,834,199 $33,376,24 General Water and Wastewater 3,722,497 3,949,317 4,254,318 3,532,046 3,831,07 interest Income 916,691 1,332,481 1,596,228 1,385,374 829, The City of Denton has owned and oq Other Income 19,763 135 907 48 277 202 670 149 8 27 008 690 31 343 992 38 950 284 02 203 4 approximately 79 years without Interruption. Total 22 878 715 q steady growth In customers and output, requiring Expenses: Service Area Fuel and Purchased Power $11,089,549 $14,382,913 $18,053,846 $22,587,647 $26,996, Administrative atiOperatinve g Exandpenss 4!;;Z1!;:2 The Electric System provides tem ovlda electric ser 66,019,96-7 r 7 , 030 , 566 8 142 038 8 0129 Total 15 1 20 402 880 525,084,412 30 729 683 3S 069 has covenanted In the Ordinance that it will not a It legally may, permit the acquisition, construe Net Revenue Available for facilities which would be in competition with the Debt Service and Other the City will Prohibit any such competing facifitie Lawful Purposes $ 7,008,774 $ 6,645,810 $ 6,759,%0 $ 8,224,604 $ 7,133,1 THE WATER AND Electric Customers 16,790 18,262 18,556 19,565 20,0 General Water Customers 13,094 13,292 13,551 13, 889 14, I Sewcr Custom.rs 12,630 12,883 13,021 13,331 13, The water and Wastewater System provici Note: Fiscal Year 1983 - Excludes extraordinary gain of $3,189,508 on advance refunding. located within the city limits, as well as wholsal The water distribution system consists of 325 mi 1,839,1 Average Annual Debt Service, 198412008------------------------------------------------------------ $ and 4.36 million °-allons of elevated storage. TI Coverage of Average Annual Debt Service by Federal water quality requirements. 9-30-83 Net Revenue 3.84 Tirr4 Water Supply Maximum Annual Oebt Service, 1984 $ 4,396, urces are 9-30-83 Net Revenue Y------------------------------------------------------- 1.63 Tima storage rThe lgMsal nearby municipal t r wCoverage of Maximum Annual Debt Service by ee vent Rene back- h bq 436,000 acre feet Utility System Revenue Bonds Outstanding, as of 7-1-84----------------------------------------------- $20,220, Reservoir aacre te Texas Water feet of storage, ohas the awarded tFd Utility sts and SmkingFundesas - 7-1-94-. - $ 1,081,11 Lewisville Reservoir with the right to "perfectl ,000, presently uses approximately 9 million gallons pe Reserve Fund ---g--------------------------------------••-------•------------------------------ $ 3:000.1 Emergency Funa S 250 - 10- UTUTY SYSTEM 1983 %of Total in March of 1983, the Cit Taxable y issued $25,280,000 Utility System Revenue Refunding Bonds to refund Taxable and legally defease the existing bonded debt of the Electric System and the Water and Sewer System of Assessed Assessed the City and to combine the separate systems into a single util':y system. Valuation Valuation 33,943,836 The Public Utilities Board 33,793,891 3.15 18,276,818 1.70 By City Charter, there has been treated a Public Utilities Board (the "Board") composed of five 13,501,587 1.26 members, appointed by the City Council with the City Manager and the Director of Public Utilities 13,421,719 1.25 serving as ex-officio members of the Board without voting privileges. The Board serves the Department 10,521, 537 0.98 of Utilities as a consulting, advisory and supervisory body. 9,279,910 0.86 5,570,911 0.80 The duties of the Board are summarized as follows ling 5.300,676 0.77 7 529.399 0.70 1. Review of the annual budget and the transmission thereof to the City Council. 151.150 ,268 14.64% 2. Review of recommended. 100 BONDS. NONE a. expansion of, additions to, betterment of, or extensions to the Utiit,v System; b, incurring of debt; C. issuance of bonds, and d. fixing of rates and charges. TEM OPERATIONS 3. Submission annually to Planning and Zoning Commission a list of recommended capital improvements which, in the opinion of the Board, should be constructed during the forthcoming f ive (5) year period. l ears Ending September 30, 1981 1982 I983 All actions of tht Board are subject to final approval of the City Council. THE ELECTRIC SYSTEM i $25,943069 $31,834,199 $35,376,241 4,254,318 5,532,046 5,831,07 General 1,596,228 1,385,374 829,061 The City 482.277 202 670 149 035 y of Denton has owned and operated its Electric System (the "Electric System") for 3I 843 992 38 954 289 42 205 4 approximately 79 years without interruption. During this time, the Electric System has experienced a - steady growth in customers and output, requiring periodic additions to plant and distribution facilities. $18,053,846 $22,587,647 $26,996,6 Service Area 7103015" 81142.03 8 --8107219 The Electric System provides electric service to 20,027 customers located in the City. The City 2S 084 412 30 729 685 35 069 S has covenanted in the Ordinance that it will not operate, and will not grant any franchise or, to the extent It legally may, permit the acquisition, construction, or operation of, any electric energy distribution facilities which would be in competition with the Electric System, and, to the extent that it legally may, the City will prohibit any such competing facilities. $ 6,739,580 $ 8,224,604 $ 7,135,51 THE WATER AND 1tASTEWATERSYSTEM 18,556 19,565 20,0 13,531 13,889 14,1 General 13,021 13,351 13, The Water and Wastewater System provides retail water and wastewater service to all customers ;vance refunding. located within the city limits, as well as wholesale water and wastewater service to the City of Corinth. The water distribution system consists of 325 miles of water mains, S million gallons of grand storage, $ 1,559,4 and 4.36 million gallons of elevated storage. The City believes it is in compliance with all State and F:deral water quality requirements. 3.84 Time' Water Supply $ 4,396,72 The present municipal supplies are obtained primarily from surface sources, but underground 1.63 Time' sources are available for emergency and back-up purposes. The City has previously acquired conservation storage rights in nearby Lewisville Reservoir which was constructed by the U. S. Corps of Engineers. This 524,229, Reservoir contains a total of 436,000 acre feet of conservation storage. The City holds the rights to 21,000 acre feet of storage, with the balance being held by the City of Dallas ("Dallas"). The State of Texas Water Rights Commission has awarded the City 4.6 million gallons per day in water rights from $ ,1 Lewisville Reservoir with the right to "perfect" additional 5.3 mirage gallons per day. The City presently uses approximately 9 million gallons per day, as an annual ual ual average, and purchases from Dallas 1:081230, i -ll- K i ( all amounts over 4.6 million gallons per ley. The water contract with Dallas is siinilar to the contacts for retail and/or wholesale water that Dallas supplies to eighteen (18) other North Texas municipUtles. Months of T The City is presently purchasing water from Dallas at a rate of 37.30; per 1,000 gallons. Water quality meets all Texas Department of Health and other State standards. Up to 1,000 kWh Future Water Supply Over 1,000 kWh In 1980, the City and Dallas contrasted with the Corps of Engineers for the construction and development of Ray Roberts Reservoir in Denton County, located immediately above the present Note: When usages are less than 700 kWh per Lewisville Reservoir on the Elm Fork of the Trinity River ten miles northeast of the City. In the charge is $5.30 per month and the energy char g, contracts with the Corps of Engineers, the City will pay for 26% of the construction cost, and Dallas will pay toe 741X. Water obtained from the reservoir will be pro-rated on the basis of each city's proportional F.nerAY Cos: Adjustment , When fuel , share of total construction costs. The estimated completion date is approximately 1986 with water being Energy Cost A(ijustment CA is charged. The available from the Reservoir in approximately 1990. The estimated safe yield of the Ray Roberts and Purchased power at the Citys power plan Reservoir had been calculated at 76 million gallons per day, of which the City would be entitled to receive included In the base rate. up to 19.8 million gallons per day. This amount, plus a safe yield of 4.6 million gallons per day available from the present water rights from the Lewisville Reservoir, will be sufficient to meet the City's Comme, estimated water needs through the year 2003. The City has conducted a long-range water supply study to determine water requirements and alternation after the year 2000. (1) Net Monthly Rate: Water Treatment Plant Q) L4 The City Water Treatment Plant is designed to treat an average of 16 million gadores per day Primary Service (LP) MiGDI with a hydraulic do sign overload capability of 24 rn'Mon gallons per day. The Texas State Health Secondary Service (GS) Department recognizes the maximum capability of the plant to be 16 million gallons per day. The General Service Primary (GP) historical peak day was 18.8 million gallons. The City is making improvements in the water filter me-&a of the plant which will provide treatment capability of 24 MGD based on the Texas State Health (Eri Department regulations. Primary Service (LP) Water Usage - (Gallons) Secondary Service (GS) General Service Primary (Gp) Average Maximum Average Maximum Year Day Day Year Day Day (2) Customer Facility Charge: 1973 6,636,907 12,173,000 1979 7,920,820 14,360,000 1974 6,822,000 12,620,070 1980 9,477,38( 18,867,200 Primary Service rJ.P&GP) 1973 7,216,282 13,350,000 1981 7,117,852 15,403,000 Secondary Service (GS) 1976 7,264,000 14,790,000 1952 6,937,193 14,953,000 Three Phase 1977 7,923,000 14,119,000 1983 7,355,000 17,371,000 Single Phase 1978 8,394,000 16,466,000 UTILITY RATES Energy cost adjustments are the same as those to. General G os Local goverriment - (c [t is the City's policy to review electric, water and wastewater rates on an annual basis to assure adequacy and equity. Independent consultants and City Staff generally perform this review on an Oem alternating year basis. Rate recommendations are submitted by the staff to the Utility Board for review and approval, which then makes recommendation to the City Council for final approval. To date, the City (1) Net Monthly Rater Council has approved all rate recommendations of the Utility Board. Electric Rates (Ener A!1 kWh at Electric rates were last changed effective October 30, 1983, at which time the rates were increased 7.6% and the rate structure was altered to more accurately reflect cost of service amatg (2) Customer Facility Chargos customer ciasses. Current rate structure is shown below. Single Phase i (Effective October 30, 1983) Three Phase Residential Energy cost adjustments are the same as those for Fa cil i t y C harge $ 6.50 Single Phase 11.00 Three Phase _ 12- I has is similar to the contracts r North Texas municipalities. k 10000 gallons. Water quality Months of November though April Up to 1,500 kWh $0.060 per kWh plus an energy cost adjustment Over 1,000 kWh $0.055 per kWh pus an ,ers for the construction and energy cost adjustment nedately above the present Note: When usages are less than 700 kWh per month during May though Oc.ober, the monthly facility Irtheast of the City. In the charge is $5.50 per month and the energy cha ge is 5.3t per kWh, plus an energy cost adjustment. ttruct'on cost, and Dallas will $is o1 each city's proportional Energy Cost Adjustment When fuel or purchased power costs are more than 4.50 per kWh, an natfly 1996 with water being Fnergy Cost Adjustment ECATis charged. The ECA is calculated by using the total cost per kWh of fuel fe pield of the Ray Roberts and purchased power at the City's Power Plant divided by total sales subtracting 4.% which is already y would be entitled to receive inc uded in the base rate. IGan gallons per day available 'ilfialent to meet the City's Commercial and Industrial g-range water supply study to (I) Net Monthly Rate: (Demand Charge) d 16 million gallors per day Primary Service (LP) $439 per month per kW of NJ ling deme,A day. The Texas State Health Secondary Service (GS) $5.10 per month per kW of billing demand Jlion gallons per day. The General Service Primary (GP) $4.90 per month per kW of billing derr, :r.r nts In the water filter meda on the Texas State Health (Energy Char ge) Primary Service (LP) All kWh at 0.048/kWh plus ECA Secondary Service (GS) All kWh at 0.051/kWh plus ECA General Service Primary (GP) All kWh at $0.049/kWh plus ECA Maximum Day (2) Customer Facility Charge: 14,360,000 19,867,200 Primary Service (LP&GP) $49.301month IS 407,000 Secondary Service (GS) 14,933,000 Three Phase $13.00/month 170371,000 Single Phase $10.00/month Energy cost adjustments are the tame as those for residential customers. Governmental Locel government - (City, County, School District) i on an annual basis to assure perform this review on an Q)emandCharge) the Utility hoard for review (1) Net Monthl Rate: I approval. To date, the City y $3.50/month/KW of billing demand (Energy Charge) All kWh at $0.0311kWh plus ECA which time the rates were (2) Customer Facility Charge: fleet cost of service among Single Phase $10.00/month E Three Phase $15.00/month !I Energy cost adjustments are the same as those for residential customers, i s 13- ( i GENERAL1NFORMATM REG Water Rates Water rates will increase by 10.5% effective February 24, 1984, reflecting, among other things, LOCATION increased raw water costs, increased capital improvements and Ddlation. I Denton Is the Canty Seat of Denton Canty„ (Effective February 24, 0114) industrial triangle, 1 Residences I The City covers an area of 33,2 square miles al 36 miles from Fort Worth, Billing Months Max- October Billing Months November- April ECONOMY,,, Facility Charge $4.25 Facility Charge $4.25 0 - 20,000 gal Ions I .25 gal Ions Volume Charge 1.301M gallons 1 Denton is l Above 20,000 gallons 1.60/M gallons / In the midst of a rich agricultural and livestock ill ini m urn Charge - $4.25 / The hub city of Texas' new "Land of Lakes" reg Commercial/Industrial Users abundant water for murucipal, Industrial and recrea Cmiomcr Facility Charge $7.25 plus I One of the three major university centers In Tex Volume Charge 1.25/M gallons I The home of diversified Ind,strial Interests. Minimum Charge - $9.00 / The site of the Nation's fist underground Con. Wastewat rr Rates Office of Civil tnd Defense Mobilization. Wastewater rates will increase by 54% effective February 24, 1984, reflecting, among other things, 1 One of the key cities In the economically signili increased debt service on the City's share of a major expansion on the treatment and collection system, increased capital improvements funded by current revenues, and inflation. ECONOMIC RANKING (Effective February 24, 1984) I The following data was taken from Survey of Bu 1983. Residential _ Commercial/Industrial Based on 9845 of average usage or Based on 80% o water consumption Median Age of Population December - February but not to exceed 25,000 gallons) %of population whose age is: FarilityChar ge $3.00Pius Facility Charge $6.50 plus 25- 34 Volume Charge I.50N gallons Volume Charge 1.601M gallons 33 - 49 50 - Over Note. All service outside City Limits at 150% of above rates. Households 58.1 Thousands Rau Regulation Net Effective Saying Income Within its boundaries, the City has exclusive jurisdiction over the electric, water and sewer system Medan Household EBI rates. %of Households b,E8_1 Group t , ,999 20'13 34,499 $35,000 49,949 $50,000 - Over Buying Power index - .0723 Retail Sales (000's) Food Automotive Eating and Drinking General Merchandise Furniture-Hone Furnishings-) Drug GENERAL INFORMATION REGARDING CITY AND ITS ECONOMY ing, among other things, LOCATION I Denton is the County Seat of Denton County, located at the apex of the Dallas-Fort Worth-Denton industrial triangle. / The City covers an area of 33.2 square miles and is located only 38 miles from downtown Dallas, and 36 miles from Fort Worth, a November - A nl ECONOMY... $4.25 1.301M gallons I Denton is I In the midst of a rich agricultural and Jiw cock area. I the hub city of Texas' new "t :.id of Lakes" region, which provides Denton and neighboring cities with abundant water for municipal, industrial and recreational purposes. I One of the three major university centers in Texas. I I The home of diversified industrial interests. Ij 1 The site of the Nation's first underground Control Center of the Office of Emergency Planning and f Office of Civil and Defense Mobilization. Ling, among other things, I One of the key cities in the economically significant Dallas Standard Metropolitan Area. ent and collection system, ECONOMIC RANKING The following data was taken from Survey of Buying Power, Sales and Marketing Management, July 25, 1983. meWdjtindustrial Medan Age of Population 27.9 I water consunptton % of population whose age is: 18 - 24 15.8% $6.50 plus 23 - 34 22.6% e / gallons 35 - 49 18.6% L6p M 30 -aver 15.8% Households 38.1 Thousands Net Zffective Buyinglncome $1,834,548 Median Household EBI $ 28,856 true, water and sewer system % of Households b FBI Group 10,000 - 19,999% 18.8% 20,000 34,999 30.7% $35,000 - $49,999 22.8% $50,000 - Over 13.7% Buying Power Index -.0723 Retail Sales (0001s) $578,471 Food 173,768 Automotive 115,810 Eating and Drinking 60,877 General Merchandise 69,273 Furniture-Home Furnishings-Appliances 26,194 I Drug I7,610 1 i I - i3- i I ECONOMIC AND POPULATION GAINS INDUSTRIAL FUTURE... 1 Denton has noted a consistent population increase and a steady economic growth ir, the last four { Denton Is most favorably located within 31 decades. officially, a part of the Dallas-Fort North Metrol { Historical population totals Iturn U. S. Census records are, rate three times the national average. Denton i1 1940 Census 11,1192 complex. + 1950 Census 21,372 { A plentiful supply of skilled labor Is avsiiah 26,844 Denton County as of December 1, 1923 was app 1960 Census employed and 3,433 unen oyed - for an unen 1970 Census 39,874 pl 1980 Cens us 48,063 principal industrial districts Denton Industri Park ...all of which have access to more th~ 1 The North Central Texas Council of Governments estimates the 1954 populaton of the City at 32,200. utilities. 1 The City's ascension toward a top rung on Texas' economic ladder is attributed partly to the steady Recent Development. Brik Pak Inc., a Te influences of governmental activity which includes the year-by-year expansion of the two State-supported group of Companies. The firm specializes in ase universities, and partly because of such environmental factors at its location in a rich agricultural region, fruit ju'ce to be stored, shipped and merchandis some oil and gas product on in the northwest section of Denton County, its inclusion in the Dallas-Fort 210,000 square foot warehouse at a cost of $40, Worth Metroplex, its proximity to three of Texas' largest reservoirs (Lake Texoma is only 40 miles from employment of 60, and total employment expect Denton), its excellent highway and transportation facilities, its mild climate, and the less tangible but second pha a In late 1983 or early 1986 -the sam influential aspects of social, cultural and educational advantages that have prompted professional or "*lute collar" workers to choose Denton as a place of residence. AGRICULTURE INDUSTRY AND BUSINESS { Denton County is one of the More diversified from rich 1Aack to deep sandy loam, and good 51 { In excess of 75 diversified manufacturing plants are located in the City. Some of the largest are as farming and livestock raising. follows { Principal crops are cotton, corn, wheat, oats Coco n Product cattle, sheep, hogs, chickens and turkeys contrib farmers and ranchers of the county. arms Em o un Over 300: Moore Business Forms, Inc. Business forms and systems Russell-Newman Manufacturing Company Ladies lingerie { Income from all agricu.uture and livestock prod Victor Equipment Company Gas cutting and welding equipment 1 The Texas Agricultural Experiment Station, S Firms Empoy';ng 250 to 300: Denton, is contributing to the rrosperity of not on Acne Brick Company Bricks, clay pottery Texas, through experiments in smrill grain researc Andrew Corporation, Texas Divisinn Radio irequ ancy antennas and plant disease. Jackson Concrete Ready-mix concrete UNDERGROUND CONTROL CENTER Josten't, Inc. High school and military rings Peterbuil t Motors Company Diesel trucks { Denton is the site of the first Underground C 1 the United States. This center was completed at a Firms FmploYing 100 to 230: Dendon Publishing Company Newspaper publisher { It consists of an above round "frangible" bui d Moore Business Systems Small business computer systems 8 The Morrison Milling Company Consumer and food service mixes a two-story underground fortress, 142 feet wide a Turbo Refrigeration Compury Industrial ice makersr Plate heat an infirmary, first aid station, and comminlr-atio exchangers, heat exchanger tubing miles east of Denton. Firms Em o ung 30 to 100: 1 The huge underground center serves Peglon Mobilization and is designed to resist nuclear blase Cavis Concrete Cam pony Concrete, aggregates, equipment rental and building materials Arkansas, Louisiana and New Mexico. Harley, Bag Division of Union Camp Multi-wall paper, bags { In time of emergency the center will horse th Kalmar! Seed, Inc. Seed - faun, turf, vegetables Koimar Laboratories, Inc. Cosmetics in Dallas and Fort Worth. In the event of a natio dirwin point for the activities of some 23 Lead Msling Systems Labeling and inserting of direct mail and will house 200 persons on a day-t,>-day basis, or 300 ges Orthane Division of Ohio R ubber Company packa Pollyure fh a e injection molded and 1 The control center employs 83 full-time people Signal Products Division, Amerace Corp. Custom moducts plastic components TRANSPORTATION... Transport Systems, Inc: Semi-trailers Denton is located unly 18 miles northeast of Source., Denton Chamber of Commerce. began operations In January, 1974. It Is the far ggc world, and represents an lnvestment In excess of $7 1 Denton is the focal mint in the new Interstate connects Denton with Dallas, and U. S. 35%.1V ties to j l i . . eonornic growth in the last [our INDUSTRIAL FUTURE officially, apart t f the Dallas-Fort located Worth Metrroplexs This area comprises a mketnwch t is grorth and wing atl a rate three times the national average. Denton is fast becoming an Integral part of this dynamic industrial complex. f s 0 A plentiful supply of skilled labor is available to industry in the Denton area. Total labor force in Denton County as of December 1, 1983 was approximately 86,413, with approximately 82,980 presently employed and 3,433 unemployed - for an unemployment pe, :entage of only 4.0%. There are three ~ principal industrial districts Denton Industrial Park, Rayznr Industrial Park and West Park Industrial Iy population of the city at 52,200. Par ties, all of which have access to more than adequate rail and highway facilities, and all necessary I. attributed partly to th; steady Recent Development, Brik Pak Inc„ a Texas corporation, is a member of the International Tetra Pak nsion of the two State-supported group of companies. The firm specializes in aseptic packaging which allows liquid foods such as milk and 2f0 0ju e to be stored, shipped and merchandised without refrigeration. Phase I of the plant consists of a [alunate, tagr cultuaral ll regio(~ fruit its inclusion square foot warehouse at a cost of $40,000,000. Brik Pak plans to open In April, with an initial e Texoma is only 40 males from employment of 60, and total employment expected to be 200. The company also has plans to construct a and the less tangible but second phase in late 1985 or early 1986 - the same size and value as phase 1. at have prompted professional or AGRICULTURE... Denton County is one of the more diversified agriculture countits In Texas. With soil types ranging frorr, ich black to deep sandy loam, and good soft, artesian water, it is an ideal center for diversified farming and livestock raising. City. Some of the largest are as I I Principal crops are cotton, corn, wheat, oats, hay, grain sorghums and peanuts. Dairy cattle, beef product cattle, sheep, hogs, chickens and turkeys contribute a substantial and steady income every year to the farmers and ranchers of the county, ,;ness forms and systems 1 Income from all agriculture and livestock products averages in excess of $30,000,000 annually. Les lingerie s cutting and welding equipment 1 The Texas ~ Agricultural Experiment Station, Sub-Station No. 6, located about five miles northwest of Dcntton2 contributing to the prasperity of not only the farmers in Denton County, but co farmers all over ks, clay pottery and ant rough aseexperiments in small grain research work, crop r)tation, pastures, soil building, contouring o f requency antennas !dy-mix concrete UNDERGROUND CONTROL CENTER ;5 school and military rings sel trucks I Denton is the site of the first Underground Control Center to be built by the Federal Government in the United States. This center was completed at a cost of $2,400,000. wspaper publisher 1 It consists of an above round "frangible" binding, for entrance and exit during normal operations, and all business computer systems a two- 8 Lqumer and food service mixes story underground fortress, 142 feet wide and 172 feet long. The structure has its own water wen, Istria! ice makers, plate heat an infirmary, first aid station, and communications headquarters. Site for the structure is about three x,.han ice heat exchanger tubing miles east of Denton. l I The huge underground center serves Region 5 Headquarters for the Office of Civil and Defense Mobilization and is designed to resist nuclear blast and radiation, Region 5 consists of Texas, Oklahoma, urete, aggregates, equipment Arkansas, Louisiana and New Mexico. ital and building materials an- farm, t, bags I In time of emergency the center will house the administrative personnel of 16,000 federal employees r vegetables in Dallas and For Worth. In the event of a national emergency the center would serve as the coordinating rnetics and directing point for the activities of some 235,000 civilian employees of the federal government. It ee 'ng and inserting of direct mail will house 200 persons on a day-to-day basis, or 500 on a 30-day, emergency, "buttoned-up" basis. 3 *ages a tethanue iinjection molded and 1 The control center employs 83 full-time people with an annual payroll in excess of $750,000. prods wont molded Plastic components TRANSPORTATION ii-trailers 1 Denton is located only 18 miles northeast of the Dallas-Fort Worth Regional Airport. This facility began, operations in 3anuary, 1974. It is the largest airport In the United States, sectind largest In the vorld, a.,d represents an investment in excess of 700,000,000. 1 Denton is the focal point in the new Interstate Highway System N. S. 35-E and U. 3. 33-W). U. S. 33-E connects Denton with Dallas, and U. S. 33-19' ties to Fort Worth. - 17- r J 1 The School has a staff of 1,489, with an annual( I The east and west sections of the l . S. Interstate 33 form part of a vast network that begins at the Canadian border on the north aad traverses the entire United States, to end at the Mexican through the Midwest. on the BANKING south. Month from Denton the highway connects with Oklahoma City and thence Texas and Pacific, and Missouri.Karks as- 1 There are flue banks In the City First 1 Rail transportation is furnished three railroads -Santa Fe, Bank, established 1912 l-3, S. Sank, estabilshq Texas ...bus trans%ortation by Continental Trailways Bus System motor freight by twelve truck Citizens Natiorsal Bank, established 1976. lines. Combine EDUCATION . 1 Denton is the home of North Texas State University, forded in 1890, and Texas R'oman's University, 1973 140747,770 1976 31167,,,018803,000 toundedin 1901. 1914 ,982 , 1 1 The two colleges have a combined enrollment of approximately 26,735 students, and more than 1,000 1978 198,908,,000 faculty members. 1977 175 006 073 6 As of September 1, 1983, 200234 students were enrolled in co-educational North Texas State 1 Two savings and loan assoclatiorn had combine University. This university has a larger enrollment than Southern Methodist University ai Dallas, Texas Christian University in Fort Worth, or Rice Institute at Houston. Texas Woman's University has an 11974 973 $ 666 9,202,398 310 enrollment of 8,483. 1976 84,238,471 1 North Texas State University campus comprises a land area of more than 330 acres and sixty-nine 1977 94,168,237 1978 103,901,284 buildings valued in excess of $62,000,000. The University embraces seven acodemic units of cc lieges and schools, and offers Bachelor's degrees in 66 fields and Master's degrees in 113 areas. Doctoral programs RECREATfON are in 43 erecs. 1 Texas Woman's University, a State-supported institution of higher learning, has completed an extensive 1 Nearby Lake Lewisville, one of North Texas' building program, emphasized by three high-rise structures. These are a 14-story office and classroom areas. Lake Lewisville has a shore line rd 183 mil portion of the Ccdiege of Education (opened in 1968), a 21-story dormitory designed to house 640 students I Lake Lewisville attracts over '!,000,000 visit (completed in 1967), and a 24-story dormitory designed to house 707 students (completed in the fall, 1969). Academic components are embodied in eight schools. Science research programs are conducted in areonlyabout3mileseastofthe Denton City Li• chemistry, biology, physics, nutrition, textiles, bone n.icroradiology and other related fields. f Grapevine Reservoir, another large body of 0 Over 400 Denton citizens hold earned Doctoral degrees. located In Denton and Tarrant Counties. The dam 1 Denton has an outstanding Public School System, accredited by the Southern Association of Colleges 1 Parks and recreational areas abound on the s and Secondary Schools and Accreditation Division of the Texas Education Agency. Approximately 69% of Boating, fishing, hunting, swimming and all wat the graduates of Denton High School go on to colieGe. The Denton school system offers accelerated reservoirs, Nls.ch,because of this areas favorable programs in such courses as S.M.S.G. Math and P.S.S.C. Physics. A few of the vocational training courses Grow availaNe in public schools are agriculture, homemaking, distributive education, industrial education, mechanical drawing, woodwork, etc, 6796 of the faculty hold Masters degrees. Calendar Building Teachers and Professional Staff 516 Enrollment in school for exceptional Year Permits AdmirustrativvStaff 30 children 1,307 1972 23,330, 63 Para-Professional Staff 95 Pupil to teacher ratio. 1973 24,037,860 Number of elementary os 8 elementary 24:1 1974 12,498,321 Number of junior or high schools 2 high school 1913 18,306,334 8,677 1975 12,142,334 Number of senior high schools 1 1983 Fall Enrollment 20;1 Average students per classroom 25 1977 244, 22 600 ,274 graduates 1978 32,324,073 Average number of high school 1979 11,536,446' $1(,000,000 Denton State 1981 #0,337,746 1 $11,000,000 Denton State School... Construction began in 1958 on the 1980 35,454,304 School, with the first phase of the construction being completed in July, 1960, at which time the first 1982 38,061,425 group 0 students was admitted. The second phase was completed in 1963. It is one of America's mcst 1983 b1, 181,947 modern and progressive educational institutions. • Includes construction of Golden Triangle Mall 1 This State-supported educational institution for mentally retarded Texas residents is located on a 200- acre site paid for by Denton citizens. 1 Present facilities irxdude 47 (including outreach dorms) dormitories which accommodate more than 1,188 students, S buildings for Physically handicapped children with a capacity of 600, and a 52-bed acute hospital with supporting facilities such as X-ray, laboratory, dental, and pharmaceutical. In addition to these buildings, there is a modern administration building, an academic building, a large laundry, a maintenance shop and a warehouse. +f 1 1 1 F i : i 0 st network that begins at the 1 The School has a staff of 1,489, with an annual payroll In excess of $18,000,000. at the Mexican the Mldweatt the nce through BANKING Pacilic, and Missouri-Kansas- 1 There are five banks in the City First Denton National Bank, established 1892 First State otor freight by twelve truck Ben!c, established 1922 U. S. Bank, established 1963 Western State Bank, established 1963 Citizens National Bank, established 1976. Combined Bank Deposits rid Texas Woman's University, 1974 $131,018,000 1979 $101,083,011 1913 140,747,770 1980 228,813,123 1976 167,905,982 1981 234,367,391 students, and more than 1,000 1977 173,006,073 1982 1978 198,908,000 1983 383,519,291 ucational North Texas State 1 Two savings and loan associations had combined year-end deposits as follows: I University at Dallas, Texas s Woman's University has an 1974 $ 66,202,423 1979 1973 69,310,598 $127,299,490 19)6 1980 139,533,122 than 330 acres and s xty-nine 84,238,471 1981 160,674,680 1977 94,168,257 1982 157,932,082 academic units of colleges and 1978 105,901,2i4 113 ar!:s. Doctoral programs 1983 214,607,933 RECREATION -8, has completed an extensive 1 Nearby Lake Lewisville, ote of North Texas' largest lakes, is one of Texas' most popular recreation 14_story office and classroom areas. Lake Lewisville has a shore line of 183 miles located entirely In Denton County. designed to house 640 students S (completed In the fall, 1969). 4 Lake Lewisville attracts ove, 3,000,000 visitors to Its shores annually. The upper reaches of V& Lake n programs are conducted in are only about 3 miles east of the Denton City Limits, while the dam is 13 miles from downtown Denton. r related fields. Grapevine Reservoir, another large body of water created by the U. S. Army Corps of Engineers, is located in Denton and Tarrant Counties. The dam is 23 miles from Denton. othern Association of Colleges 1 Parks and recreational areas ato nd on the shores of both Lake Lewisville and Grapevine reservoirs. gency. Approximately 69% of Boating, fishing, hunting, swimming end all water sports are the favorite recreational pastimes at both of system offers accelerated reservoirs, which, because of this area's favorable climate, are in use the year round. ,he vocational training courses :cation, industrial education, Growth Indices a. Calendar Building Gas Water Electric exceptional Year Permits Meters Meters Meters 1,307 1972 25,550,863 10,959 11,033 11,837 1973 24,037,860 11,174 11,231 12,227 24:1 1974 12,498,521 11,416 11,592 12,673 20:1 1973 18,306,334 11,755 11,755 13,061 8,677 1976 11,142,334 11,745 12,077 14,117 1977 22,244,073 12,294 12,490 13,650 1978 32,324,274 12,661 12,803 16,404 1979 71,556,4464 13,224 13,094 17,150 1980 33,454,504 13,566 13,291 18,123 t x $11,000,000 Denton State 1981 40,337,746 13,680 13,506 18,543 11960, at which time the first 1982 38,061,425 13,550 13,889 19,565 It is one of America's most 1983 61,181,947 14,260 14,198 20,027 Includes construction of Golden Triangle Mall and Petertilt truck factory. rs residents is located on a 200- a'lich accommodate more than aty of 600, and a 52-bed acute pharmaceutical. In addition to t building, a large laundry, a 1 -19- t RATINGS Applications for contract ratings on this Issue have been made to Moody's Irnestors Service, Inc. and AUTHENTICIT7OF FINANCI Standard eft Pool's Corporation, An explanation of the significance of such ratings may be obtained from The financial data and other Information oonts the company furnishing the rating. The ratings reflect only the respective views of such organizations and audited financial statements :he City makes no representation as to the appropriateness of the ratings. There is no assurance that such and other sources that any of the assumptions a estimates costa ratings will continue for any given period of time or that they will not be revisal downward or withdrawn statutes, documents and resolutions contained i entirely by either or both of such rating companies, if in the judgment of either or both companies, provisions of such statutes, documents and contained circumstances so warrant. Any such downward revision or withdrawnl of such ratings, or either of them, statements of such provisions and referenreso ce may have an adverse effect on the market price of the Certificates. Reference is made to original documents In all rt TAX EXEMPTION FINAN The delivery of the Initial Certificate is subject to an opinion of Messrs. McCall, Parkhurst k Horton, First Southwest Company is employed as Fistanci Bond Counsel to the City ('Bond Counsel"), to the effect that interest on the Initial Certificate and the the Certificates. The Financial Advisor's fee Certificates is exempt from all present Federal Income taxes under Uie applicible statutes, published Certificates Is contingent upon the Issuance anQ rulings, regulations and court decisions existing on the date of such cpinion. The laws, regulations, court may submit a bid for the Certificates, either in decisions and administrative regulations and published rulings upon which the conclusion stated in Bond submit a bld for the Certificates. Counsel's opinion is based are subject to change by the Congress, the treasury Department and later judicial and administrative decisions. CERTIFICATION OF REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE At the time of payment for and delivery of th Certificate, executed by proper officers, acting in The safe of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, their knowledge ar,d beliefs (a) the descriptions i In reliance upon the exemption provided thereunder by Section 3(a) (2), and the Certificates have not been its Official Statement, and any addenda, supplern qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor Statement, on the date of sale of the Initial Cert have the Certificates been qualified under the securities acts of any jurisdiction. The City assumes no on the date of the delivery, were and are true and responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which and Its affairs, InciLV''ng its financial affairs, are the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer contain an untrue statement of a material fact n of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as therein or necessary to make the statements the- an interpretation of any kind with regard to the availability of any exemption from securities registration were made, not misleadingl (c) Insofar as the dese provisions, pertaining to entities, other than the City, and tF concerned, such statements and data have been, LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS reliable and that the City has no reason to bellevi there has been no material adverse change In the fl Section 9 of the Bond Procedures Act of 1931 states: "All bonds issued by an issuer shall constitute audited financial statements of the City. negotiable instruments, and are investment securities governed by Chapter 8, Texas Uniform Commercial Code, notwithstanding any provisions of law or court decision to the contrary, and are legal and The Ordinance authorizing the issuance of the Ira authorized investments for banks, savings banks, trust companies, building and loan associations, savings the form and content of this Official Statement, vi and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking fund of cities, authorize its further use In the reoffering of the cc towns, villages, school districts, and other political subdivisions or public agencies of the State of Texas", { ® The Act further provides that the bonds are eligible to secure deposits of any public funds of the state, its r~'r agencies and political subdivisions; and are legal security for those deposits to the extent of their market value. No review by the C,ty has been made of the laws in other states to determine whether the Certificates are legal investments for various institutions in those states, ATTEST: LEGAL OPINIONS AND NO-LITIGATION CERTIFICATE CHARLOTTE ALLEN l The City will furnish a complete transcript of proceedings had incident to the authorization and issuance City Secretary ~ of the Certificates, including the unqualified approving legal opinion of the Attorney General of the State of Texas, to the effect that the Initial Certificate (for which the Certificates wdl be exchanged and substituted) is a valid and legally binding obligation of the City, and based upon examination of such transcript of proceedings, the unqualified approving legal opinion of Bond Counsel to the effect that the Initial Certificate, and all Certificates duly registered, authenticated, and delivered in accordance with the Ordinance, are valid and legally binding obligations of the City, and to the effect that the interest on the Initial Certificate and such Certificates is exempt from federal income taxation under existing statutes, regulations, published rulings and court decisions. The customary dosing pipers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Initial Certificate, or which would affect the provision made for its payment or security, or in any manner questioning the validity of said Initial Certificate will also be furnished, t Bond Counsel was not requested to participate, and did not take part, in the preparation of the Notice of Sale and Bidding Instructions, the Official Bid Form and the Official Statement, and such firm has not assumed any responsibility with respect thereto or undertaken Independently to verify any of the information contained therein, except that, in its capacity as Bond Counsel, such firm has reviewed the information describing the Initial Certificate and the Certificates in the Official Statement to verify that such description conforms to the provisions of the bond Ordinance, The Legal fee to be paid Bond Counsel for services rendered In connection with the Issuance of the Certif+ te, is contingent on the sale and delivery of the Certificates. The legal opinion will be printed on the :rtificates. 20- n f i , AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION to Moody's IMestors Service, nc. a of such ratings may be obtained from The financial data and other information contained herein have been obtained from the Cityb records, ~ctiye views of such organizations and audited financial statements and other sources which are believed to be reliable. There is no guarantee stings. There is no assurance that such that any of the assumptions or estimates contained herein will be realized. All of the summaries of the not be revised downward a withdrawn statutes, documents and resolutions contained In this Official Statement are made subject to all of the Agttent of either or both companies, provisions of such statutes documents and resolutions. These summaries do not purport to complete ,wal of such ratings, or either of them, statements of such provisions and reference is made to such documents for further Information. Reference is made to original documents in all respects, FINANCIAL ADVISOR Mme ' McCall, Parkhurst & Horton, First Southwest Company Is employed as Financial Advisor to the City In connection with the Issuance of I nest on the Initial Certificate and the the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the der applicable statutes, published Certificates is contingent upon the issuance and delivery of the Certificates. First Southwest Company h opinion The taws, regulations, court ra the apps may submit a bid for tie Certificates, either independently or as a member of a syndicate organized to >n which the conclusion stated in Bond submit a bid for the Certificates. s, the Treasury Department and later CERTIFICATION OF THE OFFICIAL STATEMENT IIFICATES FOR SALE At the time of payment for and delivery of the Initial Certificate, the Purchaser will be f~irnfshed a certificate, executed by Proper officers, acting In their official capacity, to the effect that to the best of oral Securities Act of 1933, as amended, their knowledge and belief: (a) the descriptions and statements of or pertaining to the City contained in (2)< and the Certificates have not been its Official Statement, and any addenda, supplement or amendment thereto, on the date of such Official sous exemptions contained therein; nor Statement, on the date of sale of the Initial Certificate and the acceptance of the best bid therefor, and arty jurisdiction. The City assumes co on the date of the delivery, were and are true and correct in all material respectsl (b) insofar as the City cities laws of any jurisdiction in which and its affairs, including Its financial affairs, a e concerned, such Official Statement c:d not and does not ottierwLse transferred. Th s disclaimer ccntain an untrue statement of a material fact or omit to state a material fact required to be stated x Certifiatr shall not tot construed as therein or necessary to make the statements therein, In the light of the circumstances trader which they exemption from securities registration were made, not misleading; (c) insofar as the descriptions and statements, including financial data, of or pertaining to entities, other than the City, and their activities contained in such Official Statement are concerned, such statements and data have been obtained from sources which the City believes to be PUBLIC FUNDSUNDS IN TEXAS reliable and that the City has no reason to believe that they are untrue in any material respect; and (d) there has been no material adverse change In the financial condition of the City since the date of the last ds issued by an issuer shall constitute audited financial statements of the City. Chapter g, Texas Uniform Commercial The Ordinance authorizing the Issuance of the Initial Certificate and the Certificates will also approve n to the contrary, and are legal and the form and content of this Official Statement, and any addenda, supplement building and loan associations, savings authorize its further use in the reoffering of the Certificates by the Purchaser,o amendment thereto, and ees, and for the sinking fund of cities, public agencies of the State of Texas". nits of any public funds of the state, its May RICHARD May STEWART deposits to the extent of their market or )then states to determine whether the ATTESTt states. CHARLOTTE ALLEN CERTIFICATE City Secretary ident to the authorization and issuance )n of the Attorney General of the State the Certificates will be exchanged and and based upon examination of such of Bond Cassel to the effect that the ated, and delivered in accordance with y, and to the effect that the Interest on ederal income taxation under existing > customary closing papers, including a filed or is then pending to restrain the feet the provision made for its payment itial Certificate will also be furnished. tart, in the preparation of the Notice Of ialal Statement, and such firm has not n independently to verify any of the nd Counsel, such firm has reviewed the in the O Icial Statement to Yerify that The legal fee to be paid Bond Counsel rtifiates !s contingent on the sale and he Certificates. . 21 _ AP The Information contained In tNs4 (THIS PAGE INTENTIONALLY LEFT BLANK) City of Denton, Texas Comprthei Fiscal Year Ended September 30, sent$ only a part of such Report statement of the City's financial complete Annual Financial Report f. The City's auditors have not examin City's records and accounts since th. i i i 1 h i APPENDIX The Information contained in this Appendix has been reproduced from the LEFT BLANK) City of Denton, Texas Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1933. The information presented repre- sents only a part of such Report and does not purport to be a complete statement of the City's financial condition. Reference Is made to the complete Annual Financial Report for further information. The City's auditors have not examined this Official Statement nor any of the City's records and accounts since the date of the report herein. I I t 1 p AR~~I u i To the Honorable Mayor, City Council and City Manager, City of Denton, Texas: We have examined the comb] (THIS PAGE INTENTIONALLY LEFT BLANK) of Denton, Texas, as of and for the in the Table of Contents. Our exami generally accepted auditing standard of the accounting records and such o necessary in the circumstances. In our opinion, the combin above present fairly the financia3 p, September 30, 1983, and the results financial position of its proprietary for the year then ended, in conformi; principles applied on a basis consist Our examination vas made fc combined financial statements taken a fund financial statements listed in purposes of additional analysis and a financial statements of the City of D subjected to the auditing procedures financial statements and, in our opin respects in relation to the combined The information included in has been summarized from the City's ri audit procedures that were applied in statements. Accordingly, we express r i Dallas, Texas, D.cember 9, 1983. t r i ARTHUR ANDERSEN & CO. DALLAS.TEXAS CC 1 Io the Honorable Mayor, City Council and City Manager, City of Denton, Texas: We have examined the combined financial statements of the City of Denton, Texas, as of and for the year ended September 30, 1983, as listed iK1 in the Table of Contents. Our examination was made in accordance with generally accepted auditing standards and, accordingly, included the accounting records and such other auditing such testa necessary in the circumstances. procedures as we considered In our opinion, the combined financial statements referred to above present fairly the financial position of the City of Denton, Texas, at September 30, 1983, and the results of its operations and the changes in financial position of its proprietary fund types and nonexpendable trust funds I for the year then ended, in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Our examination was made for the purpose of forming an opinion on the combined financial statements taken as a whole, The combining and individual fund financial statements listed in the table of contents are presented for purposes of additional analysis and are not a required part of the combined financial statements of the City of Denton, Texas. The information has been I subjected to the auditing procedures applied in the examination of the combined financial statements and, in our opinion, is fairly stated in all material respects in relation to the combined financial statements taken as a whole. The information included in the statistical section of this report has been summarized from the City's records and was not subjected to the audit procedures that were applied in the examination of the basic financial statements. Accordingly, we express no opinion on such information. 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Ems:, tV~~ N Y.iB C ~ Y . VE p ip y1 YS~, 1< ~ N ~ ~ •L ~ ~ ~ I. Y ~ M NY.{1 r • ~ • ° C Y • h 'J ■ ° Y Y M ~ K y S ii ~ O Or6► VI YT Y°iYH~.a FCY~y ~yY • ► 1~ a Y . Y V Y. C• Y! • N• • L Y i u' Y O I~. O( ; E Y:> :L m ~Y~~OY( Y ~Qj s~ N ~ a Y. H r Y r k wNs I CIiT OF DENTON, TEXAS COM21W) STATEMENT OF ALVEttCTS, EXPE74DZTVUS AND C "ACES IN FUND SALA14CES - BUDGET AND ` ACTUAL - OENEAAL, SPECIAL RLV'ENL'L, DEBT SERVICE AND CAPITAL PROJECTS FUND TIPES (NOTE IC) 9 n YEAR ENDED SEPTEMBER 3G~ 196 yi ~ X N Special Revenue Gne nl Fu nd (Federal Revenue arJ Recreation Funds) . h Varlantt- !r )rats` M 1 O j Favora6le Favorable I e 6udaet Attusl• (Unfavorable) 6udjet_ Actual (Unfavorable) yyn A p N f RLV'LNL'ES: 410,775 S - S S - e n Taxes S 6,670,474 S 1,060,749 S 68,240 Licenses and persits 145,250 713,490 Utilic franchise fees )91,000 367,))1 (2),06)) F )52,500 56',214 208,714 1 Fits and forfeitures - + e Feu for services 275,900 180,159 (45,741) 106,500 25,166 (10,734) intergovernmental 550,000 282,635 (267,165) $50,000 611,510 121,510 120,000 105,207 (14,79)) 1,710 1,710 ]nctreat revenue 696,167 477,056 (27),706) - 2,569 2,569 Miscellaneous e 656, Total Revenues 9,153,886 9,218,447 64,561 --.......0 ...701,555 _..4.,055 w 1 $ EXPLND1 Tl'R£S7 sA N current- General government 4,375,888 4,159,406 217,462 - - - Public safety 5,023,886 a,973,416 100,470 - Public vorta 2,266,335 2,144,333 I 2,002 y _ ! ^ o Parse and recreation (,136,022 1,175,365 (71,346) 86,500 6-2,756 4,142 Other capital outlay 241,542 476,929 (735,361) 20,000 10,544 9,451 Y ~ ry N ,e Debt service- _ 7 N Principal retirement Interest and fiscal charges - I - Total E■penditures 13,066,673 17,6 9,452 --_187_72) •__:06,500 -.--92,907 -_.11,593 EXCESS CF REVENUES OVER (UNDER) EXPENDITALS (3,912,161) (,661,005) 251,782 550,000 608,646 58,646 OTHER FINANCIN. SOURCES (USES): Operating transfers in ),632 3)9 5,019.563 1,167,244 - - N + Operating tnnsfe a out - ...(09,266) (1.9,266) (550,000) (597,219) (42,219) Total Other Financing sources (Uses) ),8)2,319 4,910,297 1 071 978 (550,000) (592,219) (42,219) H EXCESS OF RLVENL'Et AND OTNLR s. ~ SOURCES OVER (U'.IDEA) o '0 1 EXPENDITURES An OTNEA USES (60,466) 1,249,297 1,329,760 - 16,479 16.429 FUND RALANCES, October 1 346,650 346,650 - 717.179 2)7,1)91 I N FUND 9ALANCES, September 30 $ 266,382 S 1,596,142 $1,379,760 F 217,179 $ 733,606 f 16,429 C < N ~t ~a~as•~~• t i' e •n....u..• u.o.as..• ie N ^ ~ y C 0 statements are an integral part of this statement. ) j Y The see oe ponying notes ro financial Y m n m~ r : • u '7. o a 0001 1 YeY~ 1 U ~ u U at I ( I r ff~ f 1 - I j e1 p~ .ni n10~ ~ ,~pOwO 1 O i APD 1 R Sa a H O On,nJ I C. 11(POTL10) 1 p a n«N,g, n ,f n 1n. !!f I O N y ~ I Y 1 H ffetlel Mveee " i psdnue erd lecreetlon Funds) • I VA rtent e- t 1 fi = r 0 04 favorable i n n n o« P H r P« i a: i 1 n ~o m n .'N ".~P ~enn v n i =m i n i --Actusi (Unfavorable) J 00 it 1 P ' - 1 N J N r r n~; Ny ; t - f// uyy r 11 H . I{1{ = - I N ~ I 6,500 15,766 (60,734) 501000 671,$10 1]1,510 1,710 1,710 0 2,569 21 h P N O 1 ' 569 u O . N 1 J• . ;6,500 701,555 4S=055 1 l a l H I I s J i . N y H . 4,142 s. r m,~v+fa onrlc. u■ n a J 0 0 ~ N rP P, N. 16,500 62,356 q r a a fa m i w aN m --P~^ a or-.o l 0. J N N p n l0 J O N; h± 20,000 101549 9,451 N J N r n a I H . H 106,500 --_.92,907 •_-13,597 550,OG0 606,645 56=641 I w Y u y (597,719) (42,2191 g (550,000) c r ~ N O ~ Y (42, o a u (550,0.. (597,21 9) 2 19) Y V O O Y 16,429 16,429 Y o a C • 217,119 217,179 ' YN n 06 16,419 • o • r L US,6 ^ • f • ] 17 ,119 S~ ' " r V `Y •u Y•u.. y u v • C O [ O w y y0 O w Y • ."i Y P ■ Y aft of tole statement. n w C a Vi e r e r • Y Y O u Y 6•• H 111 p ~ C r N O y M V Y C i Y ~ i u o u t ~ C Y O V• w v r y ~y ~ Y w■ I ~ V K ~ T d OYI V I 1 it 1 7. N h 0 n 1 0 1 n l n l r i 1 ER ar n ~ sf. ypnllnl p ~ N o P l b l N b J N I P I A; p I L 8 n ~O n 1 I 1 1 Y w ~ n 1 N I p 1 a^ n 1 P I m 1 ~ r: ~ ID 1'~ 1 ~ Y ' y fl •I I _J On1OI1 m; IN' li K ar I 1 Y J n l n l ~ r' I J I N Y I 1 r + 1 I + 1.. •.•.~Nn llnl nq,. r~I 1 i • N•~a l n l :OO J ■ 1 1~ E n a n O 1 ..+i ! + P P ■ I 1 L I /1 O n N 1 11 T ii 1 I~ n_ I I ' w O i P O. O W I n l i 1 1 1 1 ne F I A N 4 O n 0 n 0 0 0 n l n i p I 1 Y QQr■YY~ N P N n N Ofl N Oi J O r N I I 0 4) YS N~ O'N I NN O•,rrH ~ n ~ N~ J~ I O I N 1 1 Iii 1 ~1 r J J J 1 a0 1 N i • ' i r' 1 1 N i e 1: 1 r~ 1 P' USRalnl 4 Y" I IR n f~o~IRi gf~'^~ 1 1 r; r. ~ ^ n^ T 1 i 1 a N t I 1 H N ry_ (e. I I N ^ N J 1 1 i I~ p, i n l . I~ 1 J ~ i 1 ~0 I l^ 1 1 a I I 1 o i 1 1 1~ i 1'1 i i i ~i N N f'1 ry n 1 10 1 v I v II i +q N ~ ~ 1 1 N1 ~ 0~1=I 1. u~1 y 1 1 I^ E i .OI ~ I I 1 1~ -1 Q{ P~ r nOYh00 N i n i J vPt i N i O 1 r 1 h 1 r C n h ~ Y G N N h o J 0, I 1 I n l W i Y nlin a~,N~ i i i ri $v l a l o f 1 = N I n~ r I N I O M r. _ 1 N I r n J r I N I n i •1 r N f1 i^ 1 ti J J N 1 J 1 I O N 11 1 1 N n w Ct awn s N ~ . n~ I y! n 1 ♦ n P n j D H F ;r: I I n a ^ t I ~ H ja1 N 1 ~ ~ I yN u 1 • uZtQ I J ' ] OO N Y C N " r wm: y ~ y] 1 Yy~1 ^1' ~ 1Cr Y O C D ~1 W ~ G r rC ] ■ W ; Y O • Y O C O i ^ •1 Y Y ^ Y C ~ ~ r vv 13 14 1 V ► V r 'i r it Y •rl '.1 {3 : M }~.1~ < a p ~ i'r Y Y v 5u F' ~1~ •t• S uL Y~'. Y{ 1V v t ] . s. p j v o W ~ 5 •H• ' i 'i r Y • y{I r Y~ Z ► •.f ~ L Y Y Y• Y Q ■ Y M C V 0 ~ >t~ Y•I < ~ Y V Y • Y~ ~ 7i YI •t YVIr1~y. •••11 y Y yY1f N n i pCY i IVI11 Y ■ Y 6 C Y i C w "A h YI ~ M we H 0 p•■ Y Y•]] 6 •J O C C. V J D ► i Y 1 Y v P a r a■ r L r a w e • o L y W Y S• G r K i r Y L r C Y• V V C O ; O ■ ~ Y Y } N L L Y Y u ID < p•e ■ M Y e• r e .i S Y Y L ■ yy V Y w ■ y Y • u f 1f^ V Y r[ Y y§ M` Y Y• Y[ n l N L~ Y A•i 8 i~9 Y •`i Y'S r v • M> Y r 1°+ 4~ri V :u)IY 6YI ;2`lr7 f~i p W • r y V >.V Y C] ] O O O 0 0 A ! V F• n C C O ] Y Y alp Cy Y• O O 4 w p N U] ] M p .?1206 y C b L ■ I ~~1II YY. yy O Z~ M y Y r• V r r~ < i V w > W C V N u K 7 ? ~ o~ aY~sx>~~a aax =s ~ {V f - - - - - - - - - - - - - i O I '1 1 P 1 l i l A I 0 i N 1 n 1 1 1 II 1I O' n~ l i ~ c I ~ H I ~ 1 p~ ~ n i^ i n n n a v w n I n I I i a N°~ a l I n e~ n u~ i o i n8 n~ i n i ~ g i 4 r rQ I .I. y ,1 ~ i w 1 n 1 n 1 i I~ O r O n~ 1 i n P .P"• O N^ O O 1 N i P i 'w i 1 P i n n 1 n P 1 N I 1 i 4 N n M1 ~ I^ 1 a P n I , I n 1 ~ 1+ 1 • ± , n n I a. i J l 1 I v i° .M1 1 0 ~ n; I r i Ik • 1 1 N I 1 1 I I u i , N 1 • I I n M1~' NI Y"IIPI .nPP jj 1 I r i R l r n~~ i o i o r n r a~ r". 1 ' .'t i b n J i o i " o ~ i n n 1 8 j o nl al s i i ~ w np L•/~ ~ I y" P• 6p ^ ' • I 1 n 1 r 1 1 1 I r n n 9^" I S 1 T a~ T I~ " O n 1~, O 1 ° P h 1 n 1 P ° I P ° 1^~ 1 91. I. n N~ 1 1 N i 1.1 ' ~ I 1 . 1 ^ • • 1 r1 1 j I i t ~ I a j M1 ~ N^ I n 1 a 1 v V 1~ I J V n 1 n J I r~ j 1 I r 1 1 1 I 1 I " I N I r n 1 1 1 1 N ° I 1 1 1 1 1 ~pppp 1 -~1 V; N; r 4 0 .a. i n n n IaY .li. i P l '1 i ; ^ 0 I n p I 1 J .1 p 1 1 .1 1 y 1 1 1A b; j I 1 I 1 r• o ^"O, N^~ a I lOa l 1 1 n i n i + ~ 1 ~ Jt 1 a , a I.+ 1 ~ 1 1V 1 y 1 , n 1 1 1 1 / v 1 v I V Y a 1 N 1 O 1 M r ' I 1 I 1 I I I j r ~ ° r 1 N 1 ~ ~ . 1 w i N 1 1 ~ r a 1 a I N • N 1 N I 1 _ 1 1 1 •1 +I ° 1 a ^ /1 1 n 1 O O N n; .I P ° 1 a 1 i 1 .a1^^ a+ 1 ♦n n 8 8 P I ~ H 1 Z M~ O I n i O .1. n°" I, P M I a I a 1 O n r' i t i i II I !1 !1 u ^wn P7 1 aI 1 i n~a la lnl na.•n^^I"y 1~In1 M"..I8 1 ~ P1N 1Y ° ` 9 7« h n NGG + ~ n 1 PI a Ili n P D C; I d l I^ 1 n . i I S P I'( I ~ ~ ~ tal " I^I M ~ Y ` i I r r ~I r I F I • + r y r r ~ ' y Y C ~ C N V~ Y ~ ~ IT C ~ u ~ i r w! 1 1 ~ j 4 O C • Y O Y V O Y D ~ 1~ y L Sg"■ s ~ ~ J •l ~u r • I r : • e i .1. ° ~ ~ o Y ~ ~ 2 rry r i °s : Y~Y r 5 j Ii y n' a I ~ ~ ~ ~Y ~ : TYF' d V Y °i we d : a Yr IE a Y : ' ~ V <r !c+ Y. ~ ~ Y ° W y O t M Y r b r r L y r Y ~ y 9 4 ` Y u u • o `o ~ o ~ i ~ rr i P ^ M Y • I w r 41 r CITY DP DtNTON, TEXAS COMBININO STATEMENT Of REVENVIS, EXPENSES AND CHANCES IN RETAINED EARNINGS - I BUDGET AND AC: 'L . ALL ENTERPRISE FUNDS I FOR THI FISCAL YEAR ENDED SEPTEMBER 30, 1.963 I i Utility System Sanitation + Variance - ►avoraDle Variance - ludiet Actual (Unfavorable) Budget Actual _ (UnFavorable favorable) 6u OP[RATI NG RE YE NV CS' Electric service 142,614,665 $35,376,245 6(7,231,420) Water service 3,657,213 3,717,306 130,023 1 1 S - 142,614,6 Sever service 2,693,993 2,063,769 (630,224) 3,657,2 Charles for services - 1,411,190 1,334,059 - 2,693,9 Sundry 800,000 149,038 (650,964) (14,1)1) 1,411,1 - - 75,000 106,OR6 31,011 175 Total Operating Revenues 49,765,941 41,376,356 (6,319,585) 1,493,190 1,440,147 (53,743) 51,259,1 OPERATING EXPENSES: Vrchese power 25,056,041 22,514,080 2,543,961 Fuel 8,581,400 4,412,520 4,105,860 25,058,04 Purchase of water 261,680 549,552 (267,672) 1,518,4 Salaries and wales 4,244,670 3,333,871 910,793 630,060 634 711 211,68 Materials and supplies 571,624 395,242 176,382 (4,651) 4,174,73 Maintenance and repairs 1,291,693 930,134 361,559 234,510 195,380 39,130 406,13 Depreciation 1,787,320 2,082,996 (300,678) 222,208 )02,526 (60,316) 1,513,9D Miscellaneous 1,235,106 1,031,264 20),842 2,726 (2,126) 1,717,32 370,)7) 325.149 14,716) 1,5$3,47 Total Operating Expenses 4),05),534 55,719,667 7,733,667 1,460,492 (53,341) 44 460 61 6,712,407 6 OS6 689 (655,116) Operating Ineume 16,139 (20,345) (107,084) 6,799,14 Interest REVENUES (EXPENSES): Interest revenue 1,400,000 629,064 (570,936) Interest expense and fiscal charges 0 ,00,106) (1,912,761) 167,)4$ _ t,400,OG Contibutions of vehicles to motor pool - (217,147) (217,147) (23,761) (2,100,00 (2),768) - Total Nonopesating Revenues (Expenses) (700,106) (1,)00,144) {600,736) (73,768) (23,768) 4700,106 - Income Wore Operating Transfers and Extraordinary Item 6,012,301 4,755,545 (1,256,456) 86,739 (44 ll3) (130;8..52. ) --6-;--099-;040 OP[MTIN: TRANSFERS out (5,921.126) (3,852,853) 1,970,973 (118,510) (116,310) (5,9.2,37b LXTMORDINARY ITCH - Gain on Refunding - 3,189,508 3,189,508 - _ _ . Net Income 186,473 4,092,500 3,904,025 (31,771) (162,623) (130,8521 156,704 RETAINED EARNINGS - October 1 24,848,429 24,848,429 - (201,458) (201 498) 24,846,931 - RETAINED EARNINGS - September 30 125,036,904 $29,940,979 1 . )904:023 ....(.2..31. ,269) _ •...•_•-(364-,-1•2-1- ) 1 ---(---•130,-•-- 152) 1 _._24,.._.803...6.. r v.u..•. )5 The accompanying notes to financial at stementa are An integral part of this statement. 1 f t1 `E f Ittllit) SJlte/ Varianc e Sanitation - Favorable Variance - Total favora6ie h~Nt Actual (t?nfIvor able) bud 15,000 It Actual (Unfavorable) Budaet Actual Variance ).:614,N5 05,316,245 $(1,7)6,420) 1 - $ - $ - $42,614,665 $33,316,245 $17,2)6,420) ),.65'.:1! 3,761,706 130,023 - - ) - - 3,651,21) ),7B),30e 170,02) , 693 . 99) 2,067,169 (630,224) 2,697,993 2,067,7b9 (630,224) IN ,076 (650,964) 1 .18,890 1,334,059 (64,631) 1,416,690 1,334,059 (60,6311 rtix.~ 106,068 31,086 875,000 255,124 (619,676) .9,765,9+1 4!,)76,)56 (6,389,585) 1,49),690 1,440,147 (5),743) 51259,B)l i2 616,503 (9,443.328) - :5 ,951,041 22,514,010 2,54),961 25,058,041 22,514,060 2,543,961 1,586.400 4,487, 520 4,105,860 - 1,588,400 4,462,520 4,105,880 261,130 $41,552 (267,872) - 261,680 549,552 (267,812) 4,.4,670 ),))),617 910,793 b30,060 634,711 (4,651) 4,874,730 ),966,558 906,142 571,6:4 315,242 176,382 234,510 195,380 )9,1)0 806,134 590,622 215,!12 1,291,193 9)0,134 )61,559 222,208 302,526 (60,318) I,S13,901 1,232,660 281,241 4,717,320 2,062996 ,264 ( 203,643 ) - 2,726 (2,726) 1,782,320 210651`24 (703,404) 2,213,106 1,031 320,373 725,149 (4,776) 1,5!5,419 1,756,417 199,066 .3,00,57+ )5,)19,667 7,73),867 1,407,151 1,460,492 (53,141) 44,460.685 36,760,159 7,680,526 ) 6,112,431 6,056,b89 (655,716) 66,139 (20,345) (107,(84) 6,799,146 6,036,344 (762,802) 1,400,000 621',064 (570,936) 1,400,000 $29,060 (570,936) 4,100,106) (1,912,760 187,345 - - (2,100,OC6) (1,912,761) 157,345 (217,147) (217,147) (2),748) (23,768) - (240,913) (240,915) (700,106) (1,)001844) (600,7)8) (23,768) (23,765) (700,106) (1,324,612) (624,506) 6,012,)O1 4,755,845 (1,:56,456) 86,739 (44,113) (130,652) 6,099,040 4,711,112 (1,787,308) {3,12),126) (3,652,85)) 1,970,97) (118,510) (118,510) - (5,942,376) (3,971,363) 1,970,973 3,169,506 3,169,508 - - - 3,189,506 3,189,508 188,475 4,092,500 ),904,025 (31,771) (162,627) (170,652) 156,704 ),929,677 3,773,173 24,848,429 24,848,429 (201,498) (201,498) - 24,646,93, 24,646,9)1 - $25,036,904 11.940,929 $'),9040:; (2)3,269) 1 (364,121) S (130,852) $24,803,635 $19,576,808 5 3,773,173 ` ar. integral part of this atatesent. I k R '"nTr°i...t'~P!w,t,t.v-7.'aiw cKr<+^5hyn.16, f.knw r~.v;.` I CITY 1 NOTES TO i City or DI no". TEXAS SEP] CCWIINI NG STA7L NENt of CMAN 011 IX 7I MNR AL P071014 - ALL UTZIP1111 FUNDS 101 7X1 YIICAL YEAR ENDED 1PTENSER 30, 1911 (l) SUMMARY OF SIGNIFICANT ACCOUNT Tot.1a Year Ended The City of Denton Utility S7stn eanitatsnn Septem.b )041917 Se tlm.ber 76 1866. The City operates as a SCAM Or wORXINC wITAL• form of government and provide operation.- its Charter: public , safety { P list incoato (1001) i 4,097,500 1 ( 167,677) 1 7,975177 S 2,424,071 It,,, not requiring aotkly capital- recreation, electric, water and Depraclitlon 7,012,991 7,776 71015,774 11106,011. administrative services. ' 41110rCiestlon of fond d(acount and espense 16,161 )1,111 17,041 working Gr: at havi/rQ by Operations 1,1911171 !119,1971 1,011,117 4, k4,1" The financial statem( which the City exercises oversi arocaNs frn sail of Fevesao lends 74,650,340 - 74,650,x0 sD0,0ta" bility includes the aecountabil [a Federal iens• ' Federal danales 110101 ,159 - 316e1,759 interdependency. Other The following Olhe1 connd. n 10 add of ton,tru,tlon 571,711 - 536,217 (1 09 Or are otherwise related CO the gale of 6401poent - - 6,11 inclusion: Not change im restricted settle and liabilities r payable Isom. restricted olots 7,155,01) - 7,955,011 (4,301,111) - Firemen's Relief and Ret Total Sources of working capital u, 116,a01 (159,997) 43,026,911 $1717,111 -Denton Independent Sehoo - Denton County VIES OF VOIXINC CA7ITAL: - Flow Memorial Hospital Acquisition of property, plant and •quipm.ent 1,114,771 400,691 1,534,9:4 Reduction of long-ten debt !,447,111 -Texas Municipal Power AS, 77,711,197 .73,711,191 510,091 Total [am. of Working c.pual . ••1....... ..1.0:7:..1 These entities are not included Net Increase (Decrease) in working capital 1 ),141,78$ 1 (560,590) S 1,290,'95 1 119,261 are Separate legal entities witF • • • • • •1)N [LERENTS Or XET INCRIASE (OECUAS[) 10 4DUINC CAPITAL: The accounting poiiclf Increase (decrease) in 0arranc asseta- Cash and kn'lotesnts 1 $11,704 1 - i 658,70e If7 accepted accounting principles a Accounts receivable 1,715,201 77,937 1 .169 ,1/7,151 ]IQ a summary 1 Inventory (144) . 143 1,177,431 OE the more blgnlf. Other current assets $94,291 (67,308) use) (11, 54.,900 111,01 M I,S31,176 7x,679 2,564,505 21$,71i A. Fund Accounting (In<rrnr) decrease In current liabilities- Deficit politics in pooled , Bob (41 (49,745) Accounts payable and other liabilities _ ,245) 5117.1K 211,141 1,811 sister dspoaiu 791,705 17III The accounts of the C•1 C' a.e to other funds (17,141) - (67,$41) (43,x1groups of accounts, each of whicl current portion of song-ten dabs (7,117,799) (767,997) (7,600,29b) (5$,771 - 2.741.7)5 (779,001) 961,167 (21,11 entity, The operations of each I set of self-balancing accounts wi (611,F f1) Ise P. 119) U ,ip ,710) (76,5 get Increase (Decrease) In working Capitol fund equity, revenae~ii expenses 1 1 1,041,]$7 i .5.0,7901 s ..71..795 s ....7/e groups of accounts are used by t ••.I•••N I The accoopsnying notes to finenclal atateeents are an integral part of this statement. i t 1 I 1 i I I I CITY OF DENTON, TEXAS - i NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1983 (1) SUMMARY OF SIGNIFICAN: ACCOUNTING POLICIES Totals Year7.t,de6 The City of Denton ("the City") was incorporated September 26, 1866. The City operates es a Home Rule City, under a Council-Manager f 91711-t~io^ 6i°"~6e ~o '965 ce t..6rr>a form of government and proviOes the following services as authorized by its Charter: public safety (police and fire), public works, parks and 621424252 63,930,677 12,426,071 recreation, electric, water and sewer utilities, sanitation, and general 1,003,124 3,906,01 administrative services, ~ 2,726 16,701 11,01 The financial statements of the City include all activities for (7s+,6+n 6.071,+02 4,344,In which the City exercises oversight responsibility. Oversight responsi- 24,650,740 4.100,0" bility includes the accountability for fiscal matters and financial interdependency. The following entities which have operations in the City 7,e67, 7s+ S249ii or are otherwise related to the City's operations, were considered for 3:0,211 911,40k inclusion: 6,4)1 1,vs3,013 (4,701,276 - Firemen's Relief and Retirement Fund 11~i,1971 63,016,111 8,211,112 - Denton Independent School District - Denton County - Flow Memorial Hospital 400,69) +,874,1:4 1,447,64 - Texas Municipal Power Agency _ 32 ,:11 ,w2 800,007 •41,146,.16 11....141 These entities are not included in these financial statements because they 427, are separate legal entities with separate s3verning bodies. ...:e9:2111 1 (510,590) 6 1,200.795 1 . The accounting policies of the City conform to generally accepted accounting principles as applicable to governments. The following 6 6 6$1.106 422,421,459 is a summary of the more significant policies: 17.977 .359, 143 2.M.451 17741 ( 16,041 (41,706) $46.906 111,061 26,171 2,364,305 261.* A. Fund Accounting a9,u15 (49.245) oal,u4 The accounts of the City are maintained on the basis of funds or 9,871 2+7.105 (63,,11w01 (67,1442 (55 groups of accounts, each of which is considered a separate accounting 4242,6977 0,400,29e) (IS,ar entity. '.fie operations of each fund are summarized ba providing a separate 961,967 (20,0731 u19,eon net of self-balancing accounts which comprise its assets, liabilities, IsIX$) u,2e3,no7 In,sn fund equity, revenues, expenses and expenditures. The following funds and groups of accounts are used by the City: 1.360,195 $ 114,141 i»x,590) 8 . meat. I i 1 R , f Governmental Fund 7'ypes- Internal Service Funds- 1 General Fund- The Internal Service Funs The General Fund is the principal fund of the City. All general and services provided by one depart tax revenues and other receipts that are not allocated by law or contractual of the City on a cost-reimbursement agreement to some other fund are accounted for in this fund. From the working capital fund (vehicle mains fund are paid the general operating expenses, the fixed charges and the and the motor pool operation. capital improvement costs that are not paid through other funds. Fiduciary Fund Type- Special Revenue Funds- Trust and Agency Funds- The Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than special assessments, expendable Trust and Agency Funds ar trusts, or major capital projects) that are legally restricted to expendi- the City in a trustee capacity or a tures for specified purposes. These funds include the federal revenue organisations, other governments, aj sharing funds, grants from the Department of Housing and Urban Development Expendable Trust (Employee Insurancy (Community Development Block Grant) and from the Texas Criminal Justice Arts Council), and Agency Fuuda (Pa' Division, the recreation fund and miscellaneous other revenues. are accounted for in essentially chi since capital maintenance is critic4 Debt Service Fund- accounted for in essentially the sau Agency Funds are custodial in nature The Debt Service Fund accounts for the payment of principal involve measurement of results of of and interest on general long-term debt paid primarily by taxes levied by General Fixed Assets Group of Accq the City. Capital Projects Funds- of the fixed assets of the City, oth The Capital Projects Funds account for the acquisition of Funds. Capital outlays in funds oth capital facilities being financed from bond proceeds, contributed capital, as expenditures of those funds at th, or transfers from other funds, other than those recorded in the Special recorded for control purposes in the P,ssessment Funds, the Proprietary Funds, the Internal Service Funds and the Trust Funds. General Long-Term Liabilities Grou, Special Assessment Fund- The General Long-Term Liabi summary of the long-term liabilitiesi The Special Assessment Fund is used to account for the financing levied by the City. This account gr~ of public improvements or services deemed to benefit the properties for in the Enterprise Fund, against which special assessments are levied. B. Basis of Accounting Proprietary Fund Types- !he _accrual basis--The mea Funds, Internal Service Funds and Nor Enterprise Funds- determination and cost of service, r The Enterprise Funds are used to account for operations that are basis, whereby revenues and expenses period in which they are earned and i financed and operated in a manner similar to private business enterprises is utilised for these funds. where the intent of the governing body is that the coats (expenses, including depreciation) of providing goods or services to the general Modified accrual basis--The public on a continuing basis be financed or recovered primarily through ell other funds. Modifications - he user charges. These funds include the Electric, Water and Sewer Utility include the following; in th Systems (Utility System) and the sanitation operations. r i 'I 3 _ r S~ { i { 1 t(1 L Internal Service Funds- E i The Internal Service Funds account for the financing of materials 'ity• All general and services provided by one department of the City to other departments contractual of the City on a cost-reimbursement basis. These funds include the ,y law or working capital fund (vehicle maintenance, warehouse and machine shop) fund. From the and the and the motor pool operation. charges 1 !r funds. Fiduciary Fund Type- Trust and Agency Funds- for the proceeds i expendable Trust and Agency Funds are used to account for assets held by ,nts, exp endi- the City in a trustee capacity or as an agent for individuals, private ;ricted to exp organizations, other governments, and/o- other funds. These include federal revenue Expendable Trust (Employee Insurance Fund), Nonexpendable Trust (Denton I Urban Development ;riminai justice Arts Council), and Agency Funds (Payroll Fund). Nonexpendable Trust Funds are accounted for in essentially the same manner as proprietary funds -venues. since capital maintenance is critical. Expendable Trust Funds are i accounted for in essentially the same manner as governmental funds. Agency Funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations, of principal taxes levied by General Fixed Assets Group of Accounts- TF-! General Fixed Assets Group of Accounts represents a summary of the fixed assets of the City, other than assets of the Proprietary Funds. Capital outlays in funds other than Proprietary Funds are recorded iisition of as expenditures of those funds at the time of purchase and subsequently ,ntributed capital, recorded for control purposes in the General Fixed Assets :soup of Accounts. i in the Special ervice Funds and General Long-Term Liabilities Group of Accounts- f The General Long-Term Liabilities Group of Accounts represents a I summary of the long-term liabilities of the City paid principally by taxes levied by the City. Thi~o account group does not include debt accounted t for the financing for in the Enterprise Fund. e properties { B. i45is of Accounting T E The accrual basis--The measurement focuses for the Enterprise Funds, Internal Service Funds and Nonexpendable Trust Fund are income determination and cost of service, respectively. Accordingly, the accrual basis, whereby revenues and expenses are identified in the accounting operations that are period in which they are earned and incurred and net income is determined, siness enterprises is utilized for these funds. s (expenses, to the general Modified accrual basia_--The modified accrual basis is used for rimarily through all other funds. Modifications in the accrual basis for these funds and Sewer Utility include the following: t ~y I. Revenues are recognized when they become both measurable F. Inventories 1 and available for use during the year. Those revenues Inventories are valued treated as being susceptible to accrual incline taxes, Rev.+nie Cost is determined using a moving interest and intergovernmental revenues, sources from licenses, fines and forfeitures, service charges and other miscellaneous revenues are recogA zed G. Fixed Assets as the cash is received. 2. Expenditures ate recognized when the related fund liability The City has retained t1 lion or acquisition of fixed asses is ir.~urred, except for inter:at and principal on general have not been maintained. In the long-term debt, which are recorded when due or otherwitr additions and retirements have bet payable. Enterprise and Internal Service 3. Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure Fixed assets are records of monies are recorded in order to reserve that portion the construction period. Concords of the applicable appropriation, is employed as an value at the date contribution. extei:s'.on of formal budgetary integration. Encumbrances value of the date of property u outstanding a, yearend are rep3rted as reservations of estimated depeciable useful lives of the asae fund balances since they do not constitute expenditures or liabilities. Estimated useful liven a C. Budgets and Budgetary Accounting The City Council adopts an annual budget which covers the General Fixed Asset Fund, the Special Revenue Funds (Federal Revenue Sharing and Recreation Enterprise Funds- Funds unly), the Debt Service Fune, the Capital Projects Fund (General Projects Fund only), the Enterprise Funds, and the Internal Service Fund Electric System (Working Capital Fund only). All appropriations lapse at fiscal yearend General assets - Struck except those of the General Projects Fund. The budgets for the General, Special Revenue, Debt Service and Capital Projects Funds are prepared on - Equips the modified accrual basis of accounting, and budgets for the Enterprise Distribution assets a and Internal Service Funds are prepared on the accrual basis of accounting. Transmission assets - E The City Manager is authorized to transfer budgeted amounts within Internal combustion ass'. departments; however, any revisions that alter total expenditures of a - Structures department must oe approved by the City Council. - Equipment Steam power assets - Stl D. Investments In order to facilitate cash management, the operating cash of _ E q Water and Sever System, certain funds are pooled into a common bank account for the purpose of Structures increasing income hrough combined investment activities. Investments Water and :nd ewer mains (certificates of deposit, U.S. Treasury Notes and U.S. Government and Equipment Agency securities) are carried at cost (which approximates market value). Furniture fixtures Interest earned on investments is recorded in the funds in which the investments are recorded. Sanitation F. Unbilled Receivables Vehicles and equipment Tne City accrues amounts for utility services provided in Internal Service Funda- September, but not billed at September 50. Vehicles and equipment Renewals nd betterments whereas normal repairs and maintena I h measurable F. Inventories ose revenues Inventories are valued at cost or the lower of cost or market. clude taxes, Cost is determined using a moving average method. Revenue tes, service fare recognized G. Fixed Assets The City has retained the cost records supporting the construc- a fund liability tion or acquisition of fixed assets; however, detailed fixed asset ledgers ipal on ,general have not been maintained. In the opinion of City management, all significant 'ue or otherwise additions and retirements have been recorded. Enterprise and Internal Service Funds- `e orders, ,expenditure Fixed assets are recorded at cost, including interest during 'e that portion the construction period. Contributed property is recorded at fair market yea as an value at the date of contribution. Depreciation is recorded on each Encumbrances class of depreciable property utilizing the straight-line method over the jservations of estimated useful lives of the assets. expenditures Estimated useful lives are vs follows; I Useful Life Fixed Asset (Years) a',ich covers the General ring and Recreation Enterprise Funds- ,ects Fund (General internal Service Fund Electric System pse at fiscal yearend General assets - Structures 50 ;eta for the General, - Equipment 5 - 20 vnda are prepared on Distribution assets - Structures 50 is for the Enterprise - Equipment 20 - 33 jai basis of accounting. Transmission assets - Equipment 20 - 33 amounts within Internal combustion assets 1 expenditures of a - Structures 50 - Equipment 13 - 20 Steam power assets Structures 50 - Equipment 20 - 35 1 to operating cash of Water and Sewer System for the purpose of Structures 50 ities. Investments Water and sewer mains 20 - 33 .S. Government and Equipment 10 - 20 ximates market value). Furniture and fixtures 10 unds in which the Sanitation , i Vehicles and equipment 10 :eternal Service Fund'i- ices provided in Vehicles and equip~eent 4 - 10 I ` Renewals and betterments of property and equipment are capitalized, whereas normal repairs and maintenance are charged to expense as incurred. k j I changes in financial positie General Fixed Assets- accounting principles, Nor General fixed assets are recorded as expenditures in the General, Interfund eliminations have Special Revenue or Capital Projects Funds when acqucironeds.trucSutchionapessets data. in capitalized at cost, including interest during the General Fixed Assets Group of Accounts. Significant gifts or contri- butions of assets are recorded in the General Fixed Assets Group of (2) Accounts at the fair market value at the date of acquisition. Public domain (infrastructure) general fixed assets consisting of streets, curbs, General Fixed Assets- sidewalks, gutters and drainage systems, are capitalized along with otter General fixed sees general fixed assets. No depreciation is provided on general fixed ass ended September l 1983, se 3o, or assets, • N. Property Tax Revenue Property taxes attach as an enforceable lien on property as of tdtnas January 1, Taxes are levied on October 1 and are due and payable at that Land time. All unpaid taxes levied October l become delinquent February I of llvildoerr and equipment the following year. and other improvements Construrucction in The City records revenue from current property taxes in the ts year in which bills are rendered and become due, A reserve is provided rout for delinquent taxes not expected to be collected in the future. At September 30, 1983, the City had a tax margin of $1.99 per Investment in central rice AnUS- $100 valuation ?used upon a maximum ad valorem tax of $2.50 per $100 Pro. Bond iseves valuation imposed by Texas Constitutional law. Additional revenues up to romcurrent revenue $20,894,000 could be raised per year based on the current year's assessed value of $1,049,946,000 before the limit is reached. eontrlbutiona From s I. Compensated Absences- Total The City allows employees to accumulate unused vacation up to . forty days. Upon termination, any accumulated vacation time will be Additions consist 4 paid to the employees. Generally, sick leave is not paid upon termination Funds {$2,136,122), the Genet except for fire and policemen. Fire and policemen accumulate unused sick ($36,449), Conetruetitn in Pi leave r) to a maximum of 90 days. All other employees are paid only upon capita.ized interest ($(5,32 illness while in the employ of the City. Construction in pr( As of September 30, 1983, the liability for accrued vacation leave is approximately $549,895 and the liability for accrued sick leave is approximately $638,580. The amounts rpplicable to the Enterprise Funds ($205,705) and internal Service Funds ($11946) have been recorded in those funds, and the amount applicable to other funds ($974,824) has been Gn pall cePron otect recorded in the General Long-Te rm Liabilities Account Group. The amount Paisley-avlsey drainate ex acted to be aid from cw-rent resources is not significant. Cents Wl- traal l cor sli s. onada sstation . dr aln.ee P P k11-t. eft drainage Ponder drainye J. Comparative Data io'aiaaes~dranag.:e i Certai amounts in the 1982 financial statements have been restated or reclassifed to conform to the 1983 presentation. Total columns on the combined statements are captioned as memorandum oily to indicate that they are presented only to facilitate analysis. Data in these columns do not present financial position, results of operations or ; I changes in financial position in conformity with generally accepted accounting principles. Nor is such data comparable to a consolidation. ditures in the Ceneral, Interfund eliminations have not been made in the aggregation of this iced. Such assets are data. onstruction period, in ,cant gifts or contri- Assets Group of (2) FIXED ASSETS quisition. Public ting of streets, curbs, General Fixed Assets- lized along with other on general fixed General fixed assets balances and transactions for the year ended September 30, 1983, are summarized below: Be lance "aIar( e Stptenber 30, September 30, 1962 Additions Deductions 1983 ien on property as of Land ue and payable at that suildinge s 3,619,562 6 12,921 6 (3)1752) 6 3,796,711 5,696,665 140,7!4 5,677,599 I inquest February I of Streets 19,752,016 1,723,060 23,475,096 Machinery and equipment I and other iaprcveckents 3,226,680 471,507 - 3,696,187 Conetrvction In operty taxes in the prosress 245,797 1-767,567 (871,613) 1.141,731 reserve it provided Total $ 32,539,100 $ 4,715,789 $ (905,365) $35,749,524 in the future. Investment in central x margin of $1.99 per Fired Assets- of $2.50 per $ 100 rrm bond issues 3 22,927,719 6 2,661,053 $ (671,611) 626,973,759 itional revenues up to Frock current revenue ---3,196:679 370,421 - 3,567,300 current years assessed 26,120,598 7,251,474 (871,613) 28,500,459 d' From contributions 6,418,502 864,315 (3),152) 7,249,063 Total 6 32,539,100 6 4,115,789 6 (905,765) $35,749,524 unused vacation up to Additions consist of expenditures from the Capital Projects ation time will be Funds (S2,736,122), the General Fund ($476,929), the Special Revenue Funds of paid upon termination ($36,449), Construction in Progress reclassification ($871,613) and net accumulate unused sick capitalized interest ($(5,324)). gees are paid only upon Construction in progress is composed of the following: + for accrued vocation for accrued sick leave e to the Enterprise Project Lapanded to Approprl at ion lept ea6u 30a 1917 Co.wittsd ~ 46) have been recorded in central police station unds ($9141824) has been Cityvide sidewalk project 11'700,000 $1'6,1]7 6 Si,l67 cunt Group. The amount Paisley-Mulkey drainage 122,000 17.597 104,407 bell-Laronsdo drainage 260,156 11,270 263,111 significant. 1411-tagle drainage 110,000 116 109,144 Ponder drainage 206,000 6,52) 201,417 Panhandla drainage 669,000 1,206 667.2m loop 218 1-D-W project 250,000 16,164 211,176 $2.921,358 11.141.731 11 166.627 'tatements have been • esentation. Total f 39 memorandum only to ke analysis. Data in results of operations or , Enterprise and Internal Service Funds- Fixed assets of these funds are as follows: (3) LONG-TERN DEBT t September 30 General Obligation and Certif _ of Obligation Bonds- j 1463 1982 The general obligation Utility System- bonds collateralized by the full' from property, taxes. The bonds Land and lard rights $ 1,697,550 $ 870,116 20039 and interest is payable a~ Water rights 250,064 250,064 Electric plant and ee ipment 53,447,163 44,738,571 Bond transactions for Water plant and equipment 31,215,594 15,398,405 summarized as follows: Sewer plant and equipment 12,113,079 8,440,045 Sonde outstanding, October 98,773,455 74,697,201 Issues Less- Allowance for depreciation (38_474_043) (36,107,888) Issues 60,294,412 36,589,313 Bonds outstandingr Septembell construction in progress 982,499 16,257,410 " General long-term debt $ 61,281,911 $ 54,846,723 the following issues: saaaasrausas sssasaaaasaa Sanitation- Land and land rights $ 370,908 $ - Vehicles and equipment 42,150 12,366 hrtaot Leas- Allowance for depreciation (5,768) (3,043) anara0bllgatlon lntetttt `-Otbt metal $ 407t290 S 9, 323 street improvement 3.30 to 1.13 Street hproeese nt 2.75 to 3.10 ssaaaaasuu saesmemaamsa Central oblisatiot 7.00 to 3.23 Central obligation 3.>0 to 1.00 natal aAlisu lee 4,15 Internal Service- central oblisaliem 4.00 to 5.00 Vehicles and equipment $ 5069,087 $ 4,751,453 aoaral ebllsatioo 4.0 to 1.1lo Leas- Allowance for depreciation (2,714,100) 6,322,048) street limobliattoo 5.70 to 1. rrovement 3.35 l0 1.15 - - - - - - - - - - - - central obligation 5.21 to 1.23 $ 2,454,9$1 Central oblisat2oe 4.50 to 6.30 $ 2, 429, 405 antral obligation 4.00 to 1.00 t ' Goerd oblisulon 3.13 b. 7.00 a saaamms ur• uusaoaams■ artificatta or obligation 5.30 Carttfitates of ebllsation 1.17 certlritate, of obllsatioe 1.113 Certifltite of obligation 1.10 to 10.00 Iblee pyabta l0 Central obligation 1.10 to 10.00 a'✓~rV Y.F i (3) LONG-TERM DEBT I' owe: General Obligation and Certificate September-30---- of Obligation Bonds- 1982 The general obligation and street improvement bonds are serial 1983 _ bonds collateralized by the full faith and credit of the City, and payable from property taxes. The bonds mature annually in varying amounts through ,697,550 $ 870,116 2003, and interest is payable semiannually. 250,064 250,064 491,163 49,738,571 Bond transactions for the year ended September 30, 1983, are ,215,599 15,398,405 summarized as follows: ,113,079 8,440,015 Bonds outstanding, October 1, 1982 $13,123,250 8,773,455 74,697,201 Issues 40742,000 8,474,043) (36,107,888) Maturities --1,0470150 +1 299,412 38,589,313 bonds outstanding, September 30, 1983 $16,817,500 aaaaamaaaaa 962,499 --16,257,410 General long-term debt at September 30, 1983, is comprised of 81,911 $ 54,846,723 the following issues: 11,2 .aau usa rra=sam=ara= ` Amount 370,908 $ Percent Or It ins I atotaadlag at 420150 12,366 Central Obligation - Interest Issue 2inal !mount September 30, (5,168) (31043) Debt later Date maturity of Ittoe M3 street Improvement 3.50 to 3.13 1960 1915 s 600,000 { $0,000 290 $ 9, 323 street improvement 2.73 to 3.20 1967 1917 300,000 60,000 407,290 central obligation 7.00 to 3.15 1963 1911 500,000 100,000 e: •mam mama eau saamaaa=a Go ner al ob l IS at Ion 310 to 5.00 1966 1911 1,00,5.000 110,000 liner al o'alIgo[ ion 6.25 1961 1919 600,000 1110,000 Central obligotloo 1.00 to 5.00 1961 1968 1,000,000 21S,000 11 General obligation 6.60 to 6.50 1969 1919 1,285,000 620,000 15,169,081 $ 4, 751,453 Central obligation 5.70 to 7.00 1970 1991 I,CJ],000 600,000 Streit tmprovome nt 3.25 to 7.75 1916 1996 1,100,000 7,100,000 (2,714,100) (2,322,048) Central obligation 3.25 to 7.23 1976 7196 965,000 550,000 Central obligation 6.30 to 6.50 1976 1996 2,500,000 1,750,000 General obligation 6.00 to 6.n0 1911 1997 3,000,000 2,2:'1,000 2,429,405 Central obligation 5.15 to 7.00 1919 2000 6,500,000 ),s25,000 12,454,981 $ Gortirit•tes of eruaamrma msrma==amass obligation 5.50 1971 2997 175,000 93.D00 Certificates of obligation 6.15 1979 7997 110,000 170,000 Cartiritatu of obligation 7.171 1979 1997 215,000 275,000 Certllltatea of obligation 9.90 to 10.00 1910 1995 2301000 150,000 lrottr payable 10 1910 1913 300,000 125,500 Central oblisatioa 7.70 to 10.00 1963 2003 6,742.000 6.762,000 $25,152,000 $16.117,SDO k aa9!vaaw7S9q 6?►.Wi9 1sT: : ~?rr✓'?,bty .wzr `7 Aggregate maturities of the general obligation bonds (principal Year and interest) for the years subsequent to September 30, 1983, are as follows: 1984 $ Total 1985 Year Principl_ Int` st Tot 1985 1987 1984 $ 1,264,750 $1,274,268 $ 2,539,018 1988 1985 1,272,750 980,156 2,252,906 Thereafter 1986 1,210,000 904,025 2,114,025 . 1987 1,150,000 833,858 1,983,858 $ 1988 1,160,000 763,905 1,923,905 Thereafter 10,769,000 4,522,302 -15,281,302 In addition, the City $16,817,500 $9,278,514 $26,096,014 portion of the bonds prior to mats i The revenue bonds are ~ Proceeds of general obligation bonds are recorded in the Capital utility system and the various sp1 Projects Funds and are restricted to the uses for which they were approved ordinance. The ordinance providei in the bond elections. The City Charter expressly prohibits the use of be used first to pay operating an~ bond proceeds to fund operating expenses. second to establish and maintain revenues may then be used for any Revenue Bonds- contains provisions which, among i additional revenue bonds unless th The City issued revenue bonds of $25,280,000 in 1983 to refund required amounts and certain fine the existing debt of the Saver System and Utility System (Wattr and compliance with 411 significant r Electric System Revenue bonds). The existing debt was legally defeased as various restricted asset accounts a result of this refunding transaction, and the City recognised an extra- September 30, 1983: ordinary gain of $3,189,508. The revenue bonds are serial obligations payable annually in varying amounts through 2007. Interest rates range Interest and Sinking Fund from 4.J5X to 9.63X. Reserve Fund Emergency Fund Revenue bond transactions for the year ended September 30, 1983, Extension and Improvement are summarised as follows: Bonds outstanding, October 1, 1982 $ 32,210,000 Maturities and refunded debt (32,210,000) Issuance of refunding bonds 25,280,000 Assets in these accounts securities. Related liabilities a 25,280,000 Less- Unamortited bond discount and Payable from restricted as axpense 613,279 Accrued interest Revenue bonds payable, c Net bonds outstanding, September 30, 1983 $ 24,666,721 Retained earnings reserved bond retirement Aggregate maturities, including mandatory redemption requirements, of the revenue bonds (principal and interest) for the years subsequent to September 30, 1963, are as follows: Bonds Authorized and Unissued- As of September 30, 1983, revenue bonds which were authorized bligation bonds (principal Year Principal Interest Total - f tuber 30, 1983, are as - - 1984 $ 2,060,000 $ 1,431,375 $ 3,4910375 1985 1,735,000 1,810,650 3,545,650 ter_ +c Total 1986 1,595,000 1,719,562 3,314,562 j 1987 10570,000 11627,850 3,197,850 0274)268 $ 2,539,018 1988 1,665,000 1,529,725 30194,725 980 156 2,252,406 Thereafter 16,655,000 110051,932 27j706 932 404,,025 2,114,025 833,858 1,983,858 $25,280,000 $19,171,094 $44,451,094 1,923,905 .__.===.a =mammas 763,405 522,302 15.282,302 In addition the Cit has the o tion to retire at - Y P per all or a ,278,514 $26,046,014 portion of the bonds prior to maturity on or after December 1, 1993. a.. r.•=. .=.=u =•..a the revenue bonds are collateral-zed by the revenue of the are recorded in the Capital utility system and the various special funds established by the bond for which they were approved ordinance. The ordinance provides that the revenue of the system is to 931y prohibits the use of be used first to pay operating and maintenance expenses of the system and second to establish and maintain the revenue bond funds. Any remaining revenues may then be used for any lawful purpose. The ordinance also contains provisions which, among other items, restrict the issuance of additional revenue bonds unless the special funds noted above contain the ,280,000 in 1983 to refund required amounts and certain financial ratios are met. The City is in Pity system (water and compliance with all significant requirements. Below is a summary of the debt was legally defeased as various restricted asset accounts required by the bond ordinance as of e City recognized an extra- September 30, 1983: s are serial obligations Interest and Sinking Fund $2,618 07. Interest rates range ,531 Reserve Fund 3,000,000 Emergency Fund 250,000 II `ear ended September 30, 19830 Extension and Improvement Fund 1,150,380 I $7,018,911 i' $ 32,210,000 4 (32,210,000) Assets in these accounts consisted of cash and U.S. government 25,280-000 securities. Related liabilities and retained earnings are as follows: --25,280,000 Payable from restricted assets- 613,274 Accrued interest $1,073,531 Revenue bonds payable, currtnt 1,545,000 Retained earnings reserved for 63 $ 24,666,721 bond retirement 4,400,380 ndatory redemption requirements, for the years subsequent to Bonds Authorized and Unissued- As of September 30, 1983, there were no general obligation or revenue bonds which were authorized but unissued. As of August 31, 1~ plan benefits was as followa~ (4) LEASES PAYABLE; Vested Leases payable represent the remaining amounts payable under Nonvested lease purchase agreements for the acquisition of vehicles ($398,091), Xerox equipment ($42,083), computer hardware ($35,992), and word processing equipment ($65,141). These leases are recorded as capital leases. The vehicles and Xerox equipment are recorded in the Internal Service Funds, The value of plan assets as o, and the computer hardware and word processing equipment are recorded in the General Fixed Assets and General Long-Term Liabilities Account Groups. pension erpenae for Remaining requirements, including interest, under these leases are as as follows: follows: General TMRS Internal Long-Term Firemen's Plan Year Service Liabilities 1984 $273,645 $102,350 1 1485 205,640 64,328 1986 73.389 7,471 (6) COMMITMENTS AND CONTINGENCIES $5:•20674 $174,149 Agreement with TMPA- ivacae WSUMMOSE (5) PENSION PLANS In 1976, the City, a and Garland, Texas (the "Cities The City participates in a pension plan sponsored by the Texas with the Texas Municipal Power Municipal Retirement System MRS), an agency operated by the State of concurrent ordinances of the C Di°:ctors consisting of eight Texas. The plan is a defined contribution plan covering all full-time Jy of each city. Under the t employees except firemen. The plan is funded b contributions based on n ercenta a of com ensation aid to employees. Employees are currently construct or acquire electric E p g P power to the Cities for a peril contributing an amount equal l to SX of gross pay with the City contributing in turn agreed to purchase alll 4.11% of gross pay. in excess of the amounts genera The City's policy is to fund pension costs accrued which intended to cover operating Cos that revenues are insufficient include amortization of prior service costs over 20 years. outstanding debt, each of the As of Januar 1, 1983, the actuarial resent value of accrued unpaid debt best,, generally, ui y P delivered to consumers in the d plan benefits was as follows 01 : Vested $5,946,421 As of September 30, 1 Nonvested 590,206 approximately $1,336,655,000, a approximately 19.852. In the o material payment under this gua $6,536,627 operating profits and assets ex ECii6ltCi! Presently, WA opera The valve of plan assets as of January 1, 1983 was $4,884,423. plant and has an interest in a construction. Should TMPA be d Firemen are covered by the Firemen's Relief and Retirement Plan, undivided interest in the grope a defined contribution plan. The City's policy is to fund pension costs accrued which include amortization of prior service costs over 30 years. As of August 31, 1982, the actuarial present value of accrued plan benefits was as follows: Vested $1,218,812 ng amounts payable under Nonvested )5,751 of vehicles ($398,091), ($35 992), and word processing $1,294,563 d as capital leases. The ` the internal Service Funds, The value of plan assets as of January 1, 1983 was $1,872,651. equipment are recorded in Liabilities Account Groups. Pension expense for the year ended September 30, 1983, was nder these leases are as as follows: General TMRS $ 417,240 Firemen's Plan 74 471 Long-Term , iabi_- 1i cie8 $ 491,711 •aaaa .lase $102,350 64,328 7,471 (6) COMMITMENTS AND CONTINGENCIES $174,149 Agreement with TMPA- In 1976, the City, along with the cities of Bryan, Greenville and Garland, Texas (the "Cities") entered into a Power Sales Contract with the Texas Municipal Power Agency (TMPA). TMPA was created through if tan sponsored by the Texas concurrent ordinances of the Cities and is g. enned by a Board of operated by the state of Directors consisting of eight members, two appointed by the governing ! tan covering all full-time body of each city. Under the terms of the agreement, TMPA agreed to by contributions based on a construct or acquire electric generating plants to supply energy and Employees are currently power to the Cities for a period of not less than 35 years. The Cities Fay with the City contributing in turn agreed to purchase all future power and energy requirements in excess of the amounts generated by their systems from TMPA at prices intended to cover operating costs and retirement of debt. In the event n costs accrued which that revenues are insufficient to cover all costs and retire the ver 20 years. outstanding debt, each of the Cities has guaranteed a portion of the unpaid debt based, generally, upon its pro rata share of the energy at present value of e.ccrued delivered to consumers in the prior operating year. As of September 30, 1983, total TMPA debt outstanding was ,946,421 approximately $1,336,655,000, and the City's guaranteed percentage is 590,206 approximately 19.85%. In the opinion of management, the possibility of a material payment under this guarantee is remote in that TMPA is generating ,536,627 operating profits and assets exceed liabilities. ~aesasa. Presently, TMPA operates a 390 megawatt lignite-fueled generating iuary 1, 1983 was $49884,423. plant and has an interest in a nuclear-fueled generating plant under construction. Should TMPA be dissolved, each City would be entitled to an ti's Relief and Retirement Plan, undivided interest in the property. licy is to fund pension costs service costs over 30 years. Sl~J.'{ 11 yy~~+ VAC 'v~1 Agreement with Lone Star Gas Company- } i During 1983, tt City entered into a natural gas sales contract (8) INDIVIDUAL FUND DISCLOSURES: with Lone Star Gas Company which provides for natural gas through 1988 + to be used as fuel for the City's electric generating facilities. The Individual fund discloai contract re.;~)ires that the City estimate its future use and provides September 30, 1983, are as follows penalties if 4ctual usage is less than 40% of the estimate. No penalties were incurred during fiscal 1983, and management does not anticipate any during fiscal 1984. Interfd Litigation- Fund -_-ter Reeeivab Various claims and lawsuits are peiding against the City. In the General Fund $ 4,671 opinion of City management and legal counsel, the potential losses, after insurance coverage, on all claims will not have a material effect on the Special Revenue Funds: City's financial position as of September 3U, 1983. Criminal Justice Emily Fowler Library Other grants (7) SEGMENT INFORMATION FOR ENTERPRISE FUNDS - Debt Service 14 Segment information for the year ended September 30, 1983, was ~ as follows: Capital Prajects: Street improvements 675, Utility Sanitation Construction projects System Fund ^ Total - Special Assessment l J4 1 OPERATING REVENUES $41,376,356 "$3,440,t47 $42,816,503 Enterprise Fund: Utility System 865 DEPRECIATION 2,082,998 2,726 2,085,724 Sanitation 5,1 OPERATING INCOME (LOSS) 6,056,689 (20,345) 60036,344 Internal Service: Working capital y; 2 OPERATING TRANSFERS OUT 3,852,853 118,510 3,911,363 ' Trust and Agency: NET INCOME (LOSS) 4,092,500 (162,623) 3,929,877 Employee Insurance Fund Payroll Fund 5 438 3 CURRENT CAPITAL CONTRIBUTIONS: Federal agencies 3,861,359 - 3,861,359 Total $11,695,` In aid of construction 528,217 - 528,217 PCOPERTY, PLANT AND EQUIPMENT: Additions 9,134,231 400,693 9,534,914 Deletions - - NET WORKING CAPITAL (DEFICIT) 6,706,958 (771,411) 5,935,547 BONDS PAYABLE 25,280,000 - 25,280,000 TOTAL EQUITY (DEFICIT) 49,2670528 (364,121) 48,903,407 ,tural gas sales contract (8) 1NDI"IDUAL FUND DISCLOSURES: atural gas through 1988 ,,tint facilities. The In+ividual fund disclosures as cf and for the year ended lure use and provides Septembe 10, 1983, are as follows: he estimate. No penalties t does r)t anticipate any Deficit Fund Expenditures Interfund Interfund Balances Over Budget Fund Receivables Payables (if any) (if any) g against N e City. In the General Fund $ 4,671,241 $ 3,411,650 $ - $ - he potentia: losses, after a material .ffect on the Special Revenue Funds: 983. Criminal Justice - 23,933 10,104 - Emily Fowler Library - - 864 - Other grants - - - - Debt Service 14,636 45,795 - 1,001 ed September 30, 1983, was Capital Projects: Street improvements 675,550 217,044 - - Sanitation Construction projects - 15,043 - - Fund Total - Special Assessment 1,435 676,481 - - $10440,147 $42,81' 503 Enterprise Fund: Utility System 865,810 2,504,487 - - 2,726 2,085,724 Sanitation 5,179 267,997 364,121 53$41 (20,345) 6,036,344 Internal Service: - Working capital 23,279 146,486 51,373 i 118$10 31971,363 Trust and Agency: (162,623) 3,929,877 Employee Insurance Fund 18 2,367 30,581 - Payroll Fund 5,438,373 4,384,238 - - _ 3,861,359 Total $11,695,521 $11,695,521 - 528,217 400,693 9,534,924 (171,411) 5,935,547 i _ 251280,000 ! (364,121) 48,903,407 {l f RESOLUTION AI7T130RIZIIJG CIUMFICATB FOR PUBLICATION OF NOTICE OF I17PENFICN 1'O ISSUE CERTIFICATES OF OBLIGATICN OF THE CITY OF Dwml, TEXAS, _ FOR SOLID SIASTE DISPOSAL FACILITIES 11fE STATE OF TEXAS COUN'T'Y OF DE 11M CITY OF DENTON We, the undersigned officers of said City, hereby wrtify as follows: 1. The City Council of said C:Ly convened in REx LUT N" STING CN THE 17,V DAY OF JULY, 1934, 1 at the Municipal Building (City tall), and the roll w,s called of the duly flE constituted officers and members of said City Council, to-wit: Clkarlotte Allen, City Secretary Richard O. Stewart, Mayor Mark Cbew Linnie McAdams Charles Hopkins Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and all of said persons were present, except the following absentees: I , thus constituti.tg a quorum. G Whereupon, among other business, the following was transacted at said Meeting: i a written RESOLUPICN AUINORIZING PUBLICATION OF NO'T'ICE OF INTEVTICN TO ISSUE CERTIFICATES OF OBLICATICN OF 7HE CITY OF DUSrC)N, TEXAS, FOR SOLID WAS77E DISPOSAL FACILI'T'IES was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Resolution be adopted, and, after due discussion, said ration, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shun present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution t adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt fran said City Council's minutes of said Meeting pertaining the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said CiLy Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Arun. Tex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said P.-solution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 17th day of July, 1 84. City Secretary yor (SEAL) RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR SOLID WASTE DISPOSAL FACILITIES THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided. THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR SOLID WASTE DISPOSAL FACILITIES", the form and substance of which are hereby adopted and approved. I Section 2, That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two consecutive weeks in a newspaper of general circulation in the City, the date of the first publication to be at least fourteen (19) days prior to the date tentatively set for the passage of the Ordinance authorizing i the issuance of such-Certificates _of-Obligation I i i r i i i E i THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR SOLID WASTE DISPOSAL FACILITIES THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION in the maximum principal amount of ;1,800,000, for the purpose of paying all or a portion of the City's con- tractual obligations to be incurred pursuant to contracts for the construction of a solid waste disposal facility (landfill project) for the City, and the purchase of equipment, ma- chinery, and land therefor, and paying all or a portion of the contractual obligations for professional services of engineer- ing, architects, attorneys, and financial advisors in connec- tion with such solid waste disposal facilities and Certificates 1 of obligation. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection Of i ad valorem taxes in the City as provided by law, and from the t revenues and income of the City derived from the charge made by (l the City for collecting garbage, trash, and rubbish from each individual family unit in the City, in accordance with Section 12-19(b) of the Code of Ordinances, and any amendment thereof or substitute therefor. The City Council of tht) City tenta- tively proposes to authcrize the issuance of such Certificates of Obligation at 7:00 p.m, on the 21st day of August, 1984, in the City Council room at the Municipal Building. Denton, Texas. 1 CITY OF DENTON, TEXAS By Charlotte Allen City Secretary i i AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENT014 BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly swTrn, says upon oath that he or she is a duly authorized officer or employee of the "Denton Record-Chronicle", which is a newspaper of general circulation published in the above named City; and that a true and correct copy of the NOTICE OF INTENTION TO ISSUE CERTIFI- CATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR SOLID WASTE DISPOSAL FACILITIES, a clipping of which is attached to this Affidavit, was published in said newspaper on the follow- 11~ I! my dates: I h July 27, 198 August 3 1 , i _ Autnorized D i e r m oyee SUBSCRIBED AND SWORN TO BEFORE ME o 1984. Notary Public My commission expires-5- ZS~ I (NOTARY PUBLIC SEAL) oa-q $ s$$PS~~c•~gh2u€u mu $?'co r~ ~SPERi'~~'cc $ g•5 _ E ~ 38 W WNt 0M.-Ow- ~Zp~•• 4 a$$ L 9 = Z or yE--•Y xg 1y'~E~at a Eg3 E m 2 F. NW~-•p>QCV V _4°~ Ci:~C 0 c }iiNOUOCOU`oQ `]Fr&VIR ` S vS~a i€ >t_g`v??o # ~oy .:wV7WdJdLL 0(H y S e~-~Q rub py-^a `W da~~~"uUE.s iE'~a•;v=E'~So °~n°Pua~ $G~<SA^• I > roc- o..z~ k Y'do~ ~ _.u y 's'sY E>' w • ►2._3 ` ~1pN vt~ um re~j: C Z),% 0v gl2w i I t i J { { T- I AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON BEFORE ME, a notjrv public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the "Denton Record-Chronic7.e", which is a newspaper of general circulation published in the above named City; and that a true and correct copy of the NOTICE OF INTENTION TO ISSUE CERTIFI- CATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR SOLID I WASTE DISPOSAL FACILITIES, a clipping of which is attached to I i this Affidavit, was published in said newspaper on the follow- ing dates; July _ 27, 198 , August 3 lQ Aut orized O l e r m yee SUBSCRIBED AND SWCRN TO BEFORE ME o 1984. t - Notary Public My commission expires C (NOTARY PUBLIC SEAL) bo N CEId'IFICATE FOR ORDDWJC£ AUTHORIZING THE ISSUANCE OF CITY OF DENTON CD,'T- IFICATES OF OBLIGATION, SERIES 1984-A, AND APPRNIDG AND AUTHORIZING INSTRLZEM S AND PROCEDURES RELATING THERETO THE SPATE OF TEXAS COUM'Y OF DWION CITY OF DF11MN We, the undersigned officers of the City of Denton, Texas, hereby certify as follows: i 1. The City Council of said City convened in RDGULAR MEETING LW THE 21ST DAY OF AUGUST, 1584, at the Municipal Building (City TTall), and the roll was called of the duly constituted officers and menbers of said City Council, to-wit: j Charlotte Allen, City Secretary Richard 0. Steuart, Mayor Mark Chew T,j nn a e McMarrs Charles Tlopkins Dr. A. Ray Stephens J:Ln Riddlesperger Joe Alford and ll of said persons were present, except the following absentees: thus constituting a quorun. I Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON CEKP- IFICATFS OF OBLIGATION, SERIES 1984-A, AND APPFUM4G AND AUTHORIZING INSTIRL1iRM AND PROCEDURES RELATING THERETO was duly introduced for the consideration of said City Council and duly read. it was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said rmtion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: f i AYES: All members of said City Cck=il shown present above voted "Aye". { 111 l y NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordiranaan has been duly recorded in ~ said City Council's minutes of said meting; that the above and foregoing paragraph is a true, full, aad correct excerpt from said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and riembers of said City Council was duly and sufficiently notified officially a'id personally, in advance, of the time, place, and purpose of the aforesaid :fleeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex, Civ. St. Article 6252-17. 3. That the Mayor of said Ci.ty has approved, ar.d hereby approves, the f aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. GI(dm AND SEALED the 21st day of August, 64 City Secretary (SEAL) We, the undersigned, being the City Attorney and Bond ikttj:)rneys or the City of L)enton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid, cb- City At ornE Bond'At rneys ORDINANCE NC, 84-103 r ORDINANCE ' AUTHORIZING THE ISSUANCE OF CITY OF DENTON CERTIFICATES OF OBLIGATICN, SERIES 1964-A, AND APPROVING AND AUTHOR- IZING I11STRUMENTS AND PROCEDURES RELATING THERETO I THE STATE. OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, Vernon's Article 2368a.1 permits the City to issue and sell foc cash the Certificates of obligation hereinafter authorized; and ` WHEREAS, the City has duly caused notice of its intention ` to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by Vernon's Article 2368a.1, and no petition I.as been filed protesting the issuance thereof. TPEREFORE, THE COUNCIL OF HE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $1,800,0000 FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGA- TIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, MACHINERY, AND LAND THEREFOR, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCH- 4 ITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION VITH f SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION. Section 2. DESIGNATION OF THE CERTIFICATES. Each cert- ificate issued pursuant to this Ordinance shell be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1984-A", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Cer`ificate"), but the Initial Certificate may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of .`.ully registered certificates, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multi- ple of $5,000, all in the manner hereinafter provided. The term "Certificates" as used in this Ordinance shall mean and j include collectively the Initial Certificate and all substitute ! certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of r the Certificates. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE, (a) The Initial Certificate is hereby authorized to be issued, sold, z.nd delivered hereunder as a single fully registered Certificate, without interest coupons, dated AUGUST 11 1984, in the denomination and aggregate principal amount of $1,800,000, num.)ered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: MASTER SANFORD COON WARD HOLLAND, INC. or to the registered assignee or assignees of said Certificate or any portion or portions thereof (in each case, the I I ) "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORbI OF INITIAL CERTIFICATE set forth in this ordinance. (b) The Initial Certificate (i) may be prepaid or redeemed prior to the respective scheduled due dates of installnents of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Certificate shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. E Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear interest from the date of the Initial Certificate to the respective scheduled due dates, or I to the respective dates of prepayment or redemption, of the installments of principal of the Initial Certificate, and said interest shall be payable, all in the manner provided and at ' the rates and on the dates sleeted in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Se. > 5. FORM OF INITIAL CERTIFICATE. The form of the Initial .:ificate, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Certificate, shall be substantially as follows: FORM OF INITIAL CERTIFICATE NO. R-1 $1,800,000 UNITED STATES OF AMERICA STATE OF TI;BVS C0:`Nmi OF DENTGN CITY OF DENTON CERTIFICATE OF OBLIGATI(,. SERIES 1984-A I THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, I hereby promises to pay to MASTER SANFORD COON WARD HOLLAND, INC., or to registered assignee or assignees of this Certificate ! or and -)rtion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $1,800,000 (ONE MILLION EIGHT HUNDRED THOUSAND COLLARS) in annual installments of principal due and payable on AUGUST 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: 4 PRINCIPAL PRINCIPAL E YEAR AMOUNT YEAR AMOUNT 1986 $ 35,000 1996 $ 90,000 1987 35,000 1997 100,000 1988 40,000 1998 110,000 1989 45,000 1999 120,000 1990 50,000 2000 135,000 1991 55,000 2001 150,000 1992 60,000 2002 165,000 1993 65,000 2003 185,000 t 1994 75,000 2004 205,000 1995 80,000 i I 2 t i and to pay interest, from the date of this Certificate hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: 12.108 per annum on the above installment due in 1986 12.10% per annum on the above installment due ir. 1987 12.108 per annum on the above installment due in 1988 12.10% per annum on the above installment due in 1989 12.108 per annum on the above installment due in 1990 12.10% per annum on the above installment due in 1991 12.10% per annum on the above installment due in 1992 12.10% per annum on the above installment due in 1993 9.10% per annum on the above installment due in 1994 9.25% per annum on the above installment due in 1995 9.40% per annum on the above installment due in 1996 9.55% per annum on the above installment due in 1997 9.70% per annum on the above installment due in 1998 9.80% per annum on the above installment due in 1999 9.90% per annum on the above installment due in 2000 10.00% per annum on the above installment Sue in 2001 10.00% per annum on the above installment due in 2002 9.125% per annum on the above installment due in 2003 9.125% per annum on the above installment due in 2004 with said interest being payable on FEBRUARY It 1985, and semi- annually on each AUGUST 1 and FEBRUARY 1 thereafter while this Certificate or any portion hereof is outstanding and unpaid. I THE INSTALL14ENTS OF PRINCIPAL OF P.ND THE INTEREST ON this Certificate are payable in lawful money of the United States of Amer; 'car without exchange or collection charges. The install- ments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the resolution authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the regis- tered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on tNe Registra- tion Books kept by the Paying Agent/ Registrar, as hereinafter described. The Issuer covenants with the registered owner of this certificate that on or before each principal and/or interest payment date for this Certificate it will make avail- able to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on thie Certificate, when due. IF THE DATE for the payment of the principal of or inter- est on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the t 3 same force and effect as if made on the original date payment was due. THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE. OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED PURSUANT TO CONTRACT: FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, -AACHINEPY, AND LAND THEREFOR, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINA14CIAL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSA;~ FACILITIES AND CERTIFICATES OF OBLIGATION. ON AUGUST 1, 1994, or on any interest payment date there- after, the unpaid installments of principal of this Certificate may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any j available source, as a whole, or in part, and, if in part, the j particular portion of this Certificate to be prepaid or f redeemed shall be selected and designated by the Issuer (provided that a portion of this Certificate may be redeemed only in an integral mu'+.inle of $5,000), at the prepayment or rea mption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof, by the date fixed for any such prepayment or redemption due provision shall be made by the ) Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Certificate or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the i Registration rooks all such prepayments or redemptions of principal of this Certificate or any portion hereof. THIS CERTIFICATE, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeeme9 portion hereof in any integral multiple of $5,000, may ba assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirer„ents for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/ Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Certificate a 4 or any such poition or portions hereof is or are to be trans- ferred and registered. Any instrument or instruments of assignment satisfaztory to the Paying Agent/Registrar may be ` used to evidence the assignment of this Certificate or any such ff portion or portions hereof by the initial registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then will be the new registered f owner or owners of such new Certificate or Certificates) or to ! the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, shall he delivered by the Paying t Agent/Registrar in conversion of and exchange for this 3 Certificate or any portion or portions hereof, but solely in J the form and manner as provided in the next paragraph hereof ` for the conversion and exchange of this Certificate or r-, ? II portion hereof. The registered owner of this Certificate Shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payr,cnt, and the Issuer and j the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this E!` Certificate, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee E or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned ' and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of s $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date) upon surrender of this Certificate to the Paying Agent/Registrar for can,-Ilation, all in accordance with the form and procedures set forih in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single Ptated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such certificates, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding instalment of principal of this Certificate or portion hereof for which they are being exchanged. No such certificate shall be payable in installments, but shall have only ine stated principal maturity date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one 1 or more assignees, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be k assigned and transferred, and converted, sub3equently, as provided in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, .onversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following f I S i principal or interest payment date, or, (ii) wi'h respect to any Certificate or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly :-.11 appoint a competent and legally qualified substitute thereior, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Is:iuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due ar.d such principal matures, have been levied f and ordered to be levied against all taxable property iz t.ie Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that this Certificate E is additionally secured by and payable from the revenues and income of the Issuer derived from the charge made by the Issuer for collecting garbage, trash, and rubbish from each individual family unit in the issuer, in accordance with Section 12-19(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substitute therefor. THE ISSUER has reserved the right to issue other and ' additional oblic:ations payable from taxes and/or the revenues and income described in the paragraph immediately above. i BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to ?)e bound by such terms and provisions, acknowledges that the Certificate ordinance is duly recorded and available for inspection in the official minutes and record, of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered c:wrner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the issuer, has caused the official seal of trio: Issuer to be duly impressed on this Certificate, and has caused this Certificate to be dated AUIUST 1198 . 17 City Secretary, Ma or, City of Denton, Texas C ty of X Texas (CITY SEAL) { I 4 f p 6 , FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attcrney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Publi- Accounts of the State of '.'exas (CCAPTROLLER'S SEAL) Section G. ADDITIONAL CHARACTERISTICS OF THE CER.CIFI- CATES. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of TEXAS AMERICAN BANK/FORT WORTH, N.;,., FORT WORTH, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books") and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to :keep sut,;, hooks or records j and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and 1 such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confiuential and, unless otherwise required by law, shall not permit their inspectior by any other entity. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Certificate, or any portion it thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of svch assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and I transferred by the initial registered owner thereof once only, lE and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated principal maturity date), shall be in the form 7 R I prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Certificate or any portio,. thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and r each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal ` maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being ex- changed. If only a portion of the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner subs- titute Certificates in exchange for the unassigned balance of the Initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate is ( assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Cert- ificate, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any certificates or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein de4cribed, payable to such assignee or assignees (which then will be tl:e registered owner r or owners of such new Certificate or Certi-icates), or to the previous registered owner in case only a ortion of a Cert- ificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Certificates by any regis- tered owner of a Certificate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Cer-,,ificates, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying A -nt/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof (i) during thi period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (1j) Ownership of Certificates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate shall be made only to such x.9gistered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums 3o paid. 8 f r (c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. (d) Conversion and Exchange or Replacement- Authenti- cation. Each Certificate issued and delivered pursuant to this ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request there- for duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the regis- tered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the Initial M Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such 4 Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or porticr, thereof for which it is being exchanged. ' If a portion of any Certificate (other than the Initial Certificate) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in the denominatio: or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Certificate or portion thereof (other than the Initial Certificate) is assigned and transferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. The Paying Agent/kegistrar shall convert and exchange or replace Certificates as provided herein, and each f fully registered certificate delivered in conversion of and f exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any l Certificate authenticated in conversion of and exchange for or I( 9 f I y replacement of another Certificate on or prior to the first scheduled Record Date for the Initial Certificate shall bear interest from the date of the Initial Certificate, but each ` substitute Certificate so authenticated after such first I scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitut^ Certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required i to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for or replacement of any Cert- ificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTI. ICATION CERTIFICATE It is hereby certified that .is Certificate has been issued under the provisions r ' the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was } approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS Paying Agent/Registrar Dated By Authorized Representative' I An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificat:, date and manually sign the above Certificate, and no such Certificate shall be deemed to be issued or outstanding unless, such Certificate is so executed. The Paying Agent/Registrar I promptly shall cancel all Certificates surrendered for conver- sion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the govern- ing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute certificates in the manner prescribed herein, and said Certificates shall be of type 4 composition printed on paper with lithographed or steel k engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the f converted and exchanged or replaced Certificate shall be valid, r incontestable, and enforceable in the same manne_ and with the same effect as the Initial Certificate which originally was issued pursuant. to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar'o standard or 10 i customary fees and charges for transferring, converting, and exchangiia any Certificate or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any suc:. conversion and exchange or replacement of Certificates or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturi- ties, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed and :sealed, and (vii) the principal of and interest on the Certificates shall be pay- able, all as provided, anCl in the manner required or indicated, in the FORM OF SUESTITUYE CERTIFICATE set forth in this Ordinance. (f) Payment of Fee;; and Charges. The Issuer hereby coverants with the registe red owners of the Certificates that it will (i) pay the standard or customary feeE and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conver- sion and exchange of Certificates solely to the extent above provided in this Ordinance. (g) Substitute Paying Agent/Re strar. The Issuer covenants with the registered owners of the Certificates that at all ti,.nf,s while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and f perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the. right to, and may, at its option, change the Paying Agent/iegistrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than b0 days prior to the next principal or interest payment date after ( such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, j acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will ! appoint a competent and legally qualified bank, trust company, !F financial institution, or other agency to act as Paying ! Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon tiny change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paging Agent/Registrar to each registered owner of the Certificates, by United States Mail, first-class postage I 1 f 1, . prepaid, which notice also shall give the .address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed j to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Certificates, and the Form of Assign: Ant to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE CERTIFICATE NO. UNITED STRTES nF A24ERICA PRINCIPAL AMOUNT STATE OF TEX.;.S $ COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1984-A INTEREST RATE MATURITY DATE CUSIP NO. B ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof either teinq ereinafter called the "registered owner") the principal amount of and to pay interest thereon from AUGUST 1, 1989, to the maturity date specified above, or the date of redemption prior to maturity, aL the interest rate per annum specified abovaj with interest being payable on FEBRUARY 1, 1985, and semiannually on each AUGUST 1 and FEBRUARY 1 thereafter, except that if the date of authentication of this Certificate is later than JANUARY 15, 1985, such principal amount shall bear interest from the interest payment date next preceding the date I of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date, THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United Stat.s of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the issuer required by the resolution authorizing the issuance of the Ca" tificates (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose 12 i as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, ` first-class postage prepaid, on each such interest payment date, to the registered owr:er hereof, at the address of the egistered owner, as it appeared on the 15th of the month next p preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent /Registrar, as ` hereinafter described. Aaiy accrued interest due upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created try the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on thq Certificates, when due. I IF THE DATE for the payment of the principal of or inter- est on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are ' authorized to close; and payme.,t on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially dated AUGUST 1, 1984, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $1,800,000, FOR 'THE PURPOSE OF PAYING ALL OR A PORTION OF' THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, MACHINERY, AND LAND THEREFOR, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION. i ON AUGUST 1, 1994, or on any interest payment date there- after, the Certificates of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and desig- nated by the Issuer (provided that a portion of a Certificate ( may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus F accrued interest to the date fixed for redemption. t AT LEAST 30 days prior to the date fixed for any redemp- tion of Certificates or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation amo;,g securities dealers in The City of New York, New York (including, but not limited to, The Certificate Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Certificate Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage 13 i prepaid, not less than 30 days prior to the date fixed for any such redemption, tc the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or re,:eive such notice, or any defect therein or in the sending or nailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, ani it is hereby specifically provided that the publication of such notice as required above shall be the only notice actualli required in connection with or as a prere- quisite to the redemption of any Certificates or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Cert- ificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds pro- vided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the sane maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance. THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for if the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper i instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans- ferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the regis- tered owner or its duly authorized attorney or represents- tive,to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or 7ertificates), or to the previous registered owner in the ca, ,e of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees hnd charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thoreto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof (i) during the period i 14 1 - commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment :;ate, or, (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 day3 prior to its redemption date. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. P,LL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be con- verted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting such transfer, conver- Sion and exchange shall pay any taxes or governmental charges III required to be paid with respect thereto as a condition prece- dent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this ` Certificate has been duly and validly authorized, issued, and A delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, ate within tie limit prescribed by law; a that e from this Certific revenues and is additionally secured by and payabl income of the Issuer derived from the charge made by the Issuer for collecting garbage, trash, and rubbish from each individual 15 I I 4 1 l family unit in the Issuer, in accordance with Section 12-19(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substitute therefor. THE ISSUER has reserved the r-ght to issue other and additional obligatic,ns payable from taxes and/or tha revenues an.i income described in the paragraph immediately above. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the facsimile signature of the Mayor of the Issuer and countersigned with the facsimile signature of the city Secretary of the Issuer, and has caused the official seal 4 of the Issuer to be duly impressed, or placed +_n facsimile, on this certificate. (facsimile signature)__ (facsimile signature) City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) I FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE i ffff ' I1, is hereby certified that this Certificate has been issued under the provision:; of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS AMERICAN BANR/FORT WORTH, N.A., FORT WORTH, TEXAS Paying Agent/Registrar II Dated By Authorized Representative i FORM OF ASSIGNMENT: ASSIGNMENT For value received, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to (print or type the name and address of th° assign?e and any other relevLnt information) 16 i i and authorizes the Paying Agent/Registrar to transfer the registration of this Certificate in the Registration Books. Dated Registered Owner The signature above is hereby verified as true and genuine. Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinki:ig Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as :ollected, to the credit of the interest and Sinking Fund. During each year while "ny of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the 1 interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking {I Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 9. PLEDGE OF ADDITIONAL REVENUES. The Certificates additionally shall be payable from and secured by } the revenues and income of the Issuer derived from the charge made by the Issuer for collecting garbage, trash, and rubbish from each individual family unit in the Issuer, in accordance with Section 12-19(b) of the Code of Ordinances of the Issuer, and any a -?ndment thereof or substitute therefor. The Issuer shall dept, t to the credit of the Interest and Sinking Fund from the afc asaid revenues and income and the ad valorem taxes collected pursuant to Section 8 of this Ordinance, the amounts that will be sufficient to pay the principal of and interest on ` the Certificates when due. To the extent that said revenues and income actually are on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any, year, then the amount of such taxes which ( otherwise would have been required to be levied pursuant to i Section 8 may be reduced to the extent and by the amount of the revenues and income then on deposit in the Interest and Sinking Fund. The Issuer reserves the right to issue other and additional obligations payable from taxes and/or the aforesaid revenues and income. i 17 J Section 10. DE17EASANCL OF CERTIFICATES. (a) Any Certif- icate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal Of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (inc- luding the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this I Section shall mean direct obligations of the United States of f America, including obligations the principal of and interest on which are unconditionally guaranteed b- the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required 1)y this Ordinance. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DE- STROYED CERTIFICATES. (a) Rem placement Certificates. In the event any outstanding Certificate is amage , muti ated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) AA l~ication for Re lacement Certifirat_ess. Application -fir replacement o ama mu t to -al Ostf stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the r, 18 S - -y- Pt 1 k1 registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent /Registrar for cancellation the Certificate so damaged or m»tilated. (c) No Default Occurred. Notwithstanding the foregoing 9 i provisions of this Section, in the event of any such certificate shall have matured, and no default has occurred j which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. Id) Charge for Issuing Replacement Certificates. Prior to the issuance of any :ep acement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of ti-,is ordinance shall constitute authority for the issuance of any such replacement certificate i without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent /Reg:strar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; CERTIFICATE COUNSEL'S OPINION, AND CUSIP NUMBERS. l ' The Mayor of the Issuer is hereby authorized to have control of F the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the Initial Certificate pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said Comptrollei of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Certificate, and the seal of sai,1 Comptroller shall be iMr essed, or placed in facsimile, on the Initial Certificate. Th,! approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any Certificates 19 issued and delivered in conversion of and exchange or replace- ment of any Certificate, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. Section 13. SALE OF INITIAL CERTIFICATE. The Initial Certificate is hereby sold and shall be delivered to Master Sanford Coon Ward Holland, Inc., for cash for the par value thereof and accrued interest thereon to date of delivery. It is hereby officially found, determined, and declared that the Initial Certificate has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding ` instructions and official Statement dated August 7, 19841 11 prepared and distributed in connection with the sale of the Initial Certificate. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supple- ment, or amendment thereto have been and are hereby approved by the issuer, and their use in the offer and sale of the Certifi- cates is hereby approved. It is further officially found, determined, and declared that the statements and representa- tions contained in said Official Notice of Sale and official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer. Section 14. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary Secretary of the Issuer, and all other E officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time. to time and at any time to do and perform all such acts and things and to execute, acknowl- edge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Certificate Ordi- nance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statement. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for a:Ll purposes the same as if such officer had remained in office until such delivery. I i k ~I 20 j GENERAL CERTIFICATE THE STATE OF TEXAS Cpt;rM OF LERICN CITY OF D1111W i4e, the undersigntnd officers of the City of Denton, Texas (the "Issuer") hereby certify as follows: 1. That this certificate is executed for and on behalf of said Issuer with reference to the issuance of the proposed City of Denton Certificates of Obligation, Series 1984-A. dated August 1, 19841 i-a the aggregate prin- cipal ameunt of $1,800,000, .Luhorized by ordinance cf the City Council on August 21, 1984, initially issued and delivered as -i single fully regis- tered certificate payable u; installments to the registered owner, tut convertible into fully registered certificates in any multiple of $5000 (the "Certificates") . 2. That said Issuer is a duly incorporated Sore Rule laity, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adapted Some Rule Charter of said City, which Charter has riot been changed or amended since the passage of the ordinances'. authorizing the issuance of the Certificates of fbliga- tion, Series 19d4, dated January 15, 1984. 3. That no litigation of any nature has ever been filed g.rtaining to, affecting, questioning, or contesting: (a) the ordinance which author- ized said Issuer's proposed Certificates described in paragraph 1 of this ortificate; (b) the issuance, execution, delivery, payment, security, or validity of said proposed Certificates, Ac) the authority of the goverling body and the officers of said issuer to issue, execute, and deliver said Certificates, (d) the validity of the corporate existence of said issuer, ( (e) the current Tax Palls of said Issuer, or (f) the Horne Rile Charter of said Issuer; and that no litigation is pending pertaining to, affecting, i questioning, or contesting the current boundaries of eaid Issuer. 4. That attached to this certificate and marked "Exhibit A" is a true, full, and correct schedule and statement of the aforesaid proposed Certificates, and of all presently outstanding tax indebtedness of said Issuer. 5. That the currently effective ad valoresn tax appraisal roll of said Issuer (the "Tax Roll") is the Tax Roll prepared and approved during the calendar year 1983, being the most recently approved Tao Roll of said Issuer; that the taxable prcroerty in said Issuer 11as bee.-% appraised, assessed, and valued as required and provided by the Texas Constitution and ?roperty Tax Code (collectively, "Texas law"); that the Tax 11011 for said year has been submitted to the City Council of said Issuer as required by E Texas law, and has been approved and recorded by said City council; and fl according to the Tax Roll for said year the net aggregate taxable value of taxable property in said Issuer (after deducting the amount of all appli- cable exemptions required or authorized under Texas law), upon which the annual ad valorem tax of said Issuer has lien imposed and levied, is $1,073,713,126. f 6. That no petition has been filed protesting the issuance of the aforesaid Certificates. 1 7. That the revenues and income of the issuer derived frcum the charge made by the Issuer for collecting garbage, trash, and rubbish from each individual family unit in the Issuer, in accordance with section 12-29 (b) of the Code of Ordinances of the lssuer, and any anenatent thereof or substitute therefor, have never been pledged to the payment of any debt or obligation of the city other than the Certificates. SiGNTD A\,'D SEALED theme/ day of , 1984. yor City Secretary (SEAL) "EXHIBIT A" Certificates of Obligation, Series 1984-A, dated 8/1/84, bearing interest, and maturing as set forth in the Ordinance authorizing said Certificates. General Obligation Bonds, Series 1.960, dated 7/15/601 now outstanding in the principal amount of $25,0000 bearing inter- est, and maturing in the amounts on July 15 of the years, as follows: 3.858: 25M-65. street Improvement Bonds, Series 1962, dated 3/15/62, now outstanding in the principal amount of $60,000, bearing inter- est, and maturing in the amounts on March 15 of the years, as follows: 3.208: 20M-85/87. General Obligation Bonds, Series 1963, dated 3/15/63, now outstanding in the principal amount of $80,0000 bearing inter- est, and maturing in the amounts on March 15 of the year, as follows: 3.208: 20M-85/86; 3-1/48: 20M-87/88. General Obligation Bonds, Series 1966, dated 1/15166, now outstanding in the principal amount of $120,000, bearing interest, and maturing in the amounts on January 15 of the years, as follows: 3-1/28: 601-85/86. General Obligation Bonds, Series 1967, dated 11/15/67, now outstanding in the principal amount of $150,000, bearing interest, and maturing in the amounts on May 15 of the years, as follows: i 4-1/48: 30M-85/89. { General Obligation Bonds, Series 1968, dated 2/1/68, now outstanding in the principal amount of $225,000, bearing interest, and maturing in the amounts on February 1 of the years, as follows: Ik 4.308: 50M-85/87; 75M-88. General Obligation Bonds, Series 1969, dated 4/15/69, now outstanding in the prin,-'ipal amount of $350,0008 bearing interest, and maturing in the amounts on April 15 of the years, as follows: 5.108: 70M-85/87; ~c 5.208: 70M-88/89. General Obligation Bonds, Series 1970, dated 9/15/70, now outstanding in the principal amount of $350,G00, bearing interest, and maturing in the amounts on March 15 of the years, as follows: 5.808: 50M-85; 5.908: 50m-86; 68: 5014-87; 6.108: 50M-88; 6.208; 50M-89/90; 58: 50M-91. i r r General Obligation Street Improvement Bonds, Series 1974, dated 7/15/74, now outstanding in the principal amount of $1,000,000, bearing interest, and maturing in the amounts on July 15 of the years, as follows: 5.408: 100M-85; 5--1/28: 100M-86; 5.608: 100M-87/88; 5.708: 10014-89/90; 5.808: 10014-91; 5.908: 10OM-92; 68: 100M-93/94. General Obligation Refunding Bonds, Series 1974, dated 7/15/74, now outstanding in the principal amount of $500,000, bearing interest, and maturing in the amounts on July 15 of the years, as follows: 5.408: 50M-85; 5-1/28: 50M-86; 5.608: 5014-87/88; 5.708: SOM-89/90; 5.808: 50M-91; 5.908: 50M--92; 68: 50M-93/94. General Obligation Bonds, Series 19'75, dated 4/15/76, now outstanding in the principal amount of $1,625,000, bearing interest, and maturing in the amounts on July 15 of the years, as follows: 4.608: 125M-85; 4.70%: 125M-86; 4.808: 125M-87; 4.908: 125M-EB; 58: 125M•-89/90; 5.208: 125M-91; 5.30%: 15041-92; 5.408: 15OM-93/95; 4-1/28: 1501-96. General Obligation Bonds, series 1977, dated 6/1/77, now outstanding in the principal amount of $2,100,000, bearing interest, and maturing in the amounts on June 1 of the years, as follows: 4.708: 150M-85; 4.408: 1501-86; 4.508: 150M-87; ` 4.608: 150M-88; 4.708: 1.50M-89; 4.808: 150M-90; 4.908: 1591-91; 5.008: 15DM-92/93; 5.208: 150M-94; 5.258: 200M-95/96; 4.008: 200M-97. Certificates of Obligation, Series 1978, dated 3/1/781 now outstanding in the principal amount of $85,0000 bearing inter- est, and maturing in the amounts on March 1 of the years, as follows: 5.508: 10M-85/87; 1514-88/89; 25M-90. General Obligation Bonds, Series 1979, dated 3/15/79, now outstanding in the principal amount of $3,600,000, bearing interest and maturing in the amounts on March I of the years, as follows: i 5.208: 225M-85; 5.158: 225M-86/88; 5.208: 225M-89/92; 5.258: 225M-93; 5.308: 225M-94; 5.408: 225M-95; 5.458: 2251,1-96; 5.508: 225M-97/2000. Certificates of Obligation, Series 1379, dated 10/1/79, now outstanding in the principal amount of $170,000, bearing interest, and maturing in the amount:: on January 1 of the years, as follows: L.7S8: 30r[-90; 20M-91/93; 25M-94/97. Certificates of Obligation, Series 1979-A, dated 12/1/79, now outstanding in the principal amount of $275,000, bearing interest, and maturing in the amounts on June 1 of the years, as follows: 7.8758: 25F1-90/95; 50M-96; 75M-97. Certificates of Obligation, Series 1980, dated 4/15/80, now outstanding in the principal amount of $250,000, bearing interest, and maturing in the amounts on April 15 of the years, as follows: 10.008: 25M-86/95. General Obligation Bonds, Series 1983, dated 3/15/83, now outstanding in the principal amount of $4,525,000, bearing interest, and maturing in the amounts on March 15 of the years, as follows: 10.008: 225M-85/88; 8.908: 225M-89; 7.708: 225M-90; 8.008: 225M-91; 8.208: 225M-92; 8.408: 225:4-93; 8.608: 250M-•94; 8.758: 250M-95; 8.908: 250M-96; 9.008: 2501-1-97; 9.108: 250M-98; 9.258: 250M-9912003. Certificates of Obligation, Series 1984, dated 1/15/84, now outstanding in the principal amount of $550,000, bearing interest, and maturing in the amounts on January 15, 1989, as follows: 8.008: R-1, 275M; 8.008: R-2, 275M. Total outstanding General Obligation Indebtedness; - $16,040,000 i II 1" x TT•~~5 The Attorney General of Texas September 10, 1984 ~~;~'fTOX ,rrna POX rai THIS IS TO CERTIFY that the City of Denton, 7 Texas (the Issuer), has submitted tome City of Denton Certificate OF Obligation, Series 1984-A ;;.2R,;GoutBolioing the Certificate in the aggregate principal o~Ac,12548 amount of $108009000 for approval. The ,•si'~,rp.2e711.2548 Certificate is dated August 1, 1984, numbered 250, R-1 and was authorized by an Ordinance of the issuer passed on August 21, 1984. 1 have examined the law and such certified proceedings and other pepers as I deem necessary to render this opinion. As to questions of fact material to my opinion, I have relied upon representations of the Issuer contained in the certified proceedings and other certifications of public offi- cials furnished to me without undertaking to verify the same by independent investigation. e 1 express no opinion relating to the Official Statement or other offering material relating to the Certificate. Based on my examination, I am of the opinion, as of the date hereof and under existing law, as follows: (1) The Certificate has been issued in accordance with law and is a valid and binding obligation of the Issuer; (2) Annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificate, as inch interest comes due and such principal matures, have been evied and ordered to be levied against all taxable property in the issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and chat the Certificate is additionally secured by anJ payable fro+n the revenues and income of the Issuer derived frem the charge made by -the Issuer for collecting garbage, trash, and rubbish from each individual family unit in the Issuer, in accordance with Section 12-19(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substitute therefor. THERtFORC, the Certificate is approved. Att ~Ilney General of the State of Texas No. 19716 Book No. 76 ss OFFICE OF COMPTROLLER I OF THE STATE OF TEXAS E I, Bob Bul;ock, Comptroller of Public Accounts of the State of Texas, do hereby certify that the attachment is a true and correct copy of the opinion of the Attorney General approving the City of Denton Certificate of Obligation, Series 1984-A i numbered oo=Ral s¢tyxkx" f3'1 xbo of the denom;nation of S 1,800,000 _ Xectk dated August 1 19 84 ,due See foregoing interesr Various _ percent, under and by authority of which said bonds were registered in this office, on the 10th day of SeptArn M 19 84 , 3s the same appears of record or page 552 Bond Register of the Comptroller's Office, Vol.. 85 h Register Number 48072 Given under my hand and seal of office, at Austin, Texas, the 10th day of September 19 84 h ' M f~ BOB BULLOCK Comptroller of Public Accounts State of Texas ~s, 7 1.316 Q (6 931 OFFICE OF COMPTROLLER I OF 7HE STATE OF TEXAS I Betty Melber _ ❑ Bond Clerk Gil Assistant Bond Clerk in the office of the Comptroller of the State of Texas, do hereby certify that, acting under the direction and authority of said Comptroller on the 10th day of September 19 84 1 signed the name of said Comptroller to the certificate of registration indorsed upon eac utttkthe City of Centon Certificate of Obligation, Series 1984-A numbered fcap)'.x R-1 Ra i>a1eWM dated August 1, 1984 and that in signing said certificate of,registration I used tpe following si&nature: IN WITNESS WHEREOF I have executed this zertificate this 10th day of September .19 84 I, Bo', Bullock, Comptroller of Public Accounts of the State of Texas, do hereby certify that the person who has signed the above certificates was duly designated and appointed by me as Bond Clerk in the office of the Comptroller of Public Accounts of the State of Texas under authority vested in me by Tex. Rev. Civ. Stat. Ann, art. 4362 (1969), with authority to sign my name to all certificates of registration, and/or cancellation of bond's required by law to be registered and/or cancelled by me, and was acting as such on the date first mentioned in said certificate, and that the bonds described io said certificate have been duly registered in the office of said Comptroller, as appears of record on page _55? of volume 85 under Registration ~c Number 48072 in the Bone Register kept in the office of the said Comp-.roller. ~ GIVEN under my hand and seal of 3ffice at Austin, Texas, this 10th day of September 79 84 f~ BOB BULLOCK Comptroller of Public Accounts of the State of Texas s .Mood NO-ARBITRAGE CERTIFICATE THE STATE OF TEXAS , COUNTY OF DENTON CITY OF DENTON The undersiqned, being the duly chosen and qualified Mayor and City Manager, respectively, of the City of Denton (the "Issuer"), hereby certify with respect to City of Denton Certificates of Obligation, Series 1984-A, dated August 1, 1984, in the principal amount of $10800,000, authorized by an ordinance passed by the City Council of the Issuer on August 21, 1984, initially issued and delivered as a single fully registered certificate payable in installments to the registered owner, but convertible into fully registered certificates in any multiple of $5,000 (the "Certificates"), as follows: 1. that we, along with other officers, are charged with the responsibility of issuing the Certificates and ex- pending the proceeds of the Certificates. 2. that this certificate and covenant are made pur- suant to Sections 1.103-13, 1.103-14, and 1.103-15 of the Income Tax Regulations (the "Regulations") of the Internal Revenue Service with respect to arbitrage bonds as described in Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code"), and the words and phrases used herein have the same meanings as ` defined and used in the Regulations. 3, that this certificate is based on frets, estimates, and circumstances in existence on the date. this certi- ficate, which is the date of issue of the Certificates, and on such basis it is reasonably expected that the following will occur with respect to t-he Certificates, and, to the best knowledge and belief of the undersigned, such expecta- tions are reasonable: (a) that the Certificates are issued, sold, and de- livered in the total aggregate principal amount of $1,800,000, for the purpose of paying all or a portion of the City's contractual obligations to be incurred pursuant to contracts for the construction of a solid waste dis- posal facility (landfill project) for the City, and the purchase of equipment, machinery, and land therefor, and paying all or a portion of the contractual obligations for professional services of enginearing, architects, attor- neys, and financial advisors in connection with such solid waste disposal facilities and Certificates of Obligation. (b) that the City will incur, within six months after the date of issue of the Certificates, binding obligations to commence the project to be financed by the Certificates either by entering into contracts fcr the construction of such project to be financed by the Certi- ficates, or by entering into contracts for architectural or engineering services for such project, or contracts for land acquisition, site development, purchase of construc- tion materials, or purchase of equip;:^nt, for such pro- ject, or in case of services, will commit itself to make an equivalent F-xpenditure for similar services by employ- ees of the City, with the amount to be paid under each such contract .>-d commitment with respect to such prcject to be in excess of two and one-half percent of the portion of the amounts received from the sale of the Certificates (with the aggregate amounts to be paid under all of such contracts to be in excess of two and one-half percent of all of the amounts received from the sale of the Certifi- cates; i i F (c) that after entering into said contracts or making such commitments, work on such project will proceed promptly and with due diligence to completion; (d) that all of the amounts received from the sale of the Certificates and all investment income derived therefrom will be expended for the purposes of the Certi- ficates by the end of the three-year period beginning on the date of issue of the ,Certificates; (e) that none of tk,e amounts received from the sale of the Certificates will be placed in a reserve or replacement fund, and, except as provided in (f) and (g), below, none of the amounts received from the sale of the Certificates and none of the proceeds of the Certificates of any kind will either (i) be placed in a reserve or replacement fund, or (ii) be used directly or indirectly to replace funds which were used directly or in directly to acquire any securities or obligations of I any kind; (f) that a separate and special "Interest and Sinking Fund" has been created and established solely to pay the principal of and interest on the Certificates, with a portion of such fund constituting a bona fide debt service fund for the Certificates, and money de- posited into the "Interest and Sinking Fund" for the { Certificates will not be invested except during the thirteen month period beginning on the date of each such deposit of money, and the amounts received from the ' investment of money in the "Interest and Sinking Fund" will not be invested except during the one year period beginning on the date of receipt of such amounts; pro- vided, however, and except that, if any money so de- posited, and any amounts received from the investment i thereof, are accumulated in the "Interest and Sinking Fund" and remain on hand in the "Interest and Sinking Fund" after thirteen months from the date of deposit of any such money or one year after the receipt of any such amounts from the investment thereof, such money and amounts, to the extent of an aggregate not exceeding 15% of the original face amount of the Certificates (with the Certificates having been sold at face value or par), shall constitute a reasonably required debt service reserve find for the Certificates, and may be invested, and will not be subject to investment yield restrictions, and shall constitute a separate portion of the "Interest and Sinking Fund"); (g) that it is expected that a portion of the "Interest and Sinking Fund" will be uoed primarily to achieve a proper matching of tax revenues collected for the Certificates and debt service on the Certificates l within each Certificate year, and it is expected that such portion of the "Interest and Sinking Fund" will be de- pleted once a year on a first in - first out basis, except for a possible carryover amount which will not exceed the greater of one year's earnings on such fund or 1/12 of annual debt service payable from such fund, but any money and amounts which may be accumulated in the "Interest and Sinking Fund" to constitute a debt service reserve fund for the Certificates as described in (f), above, shall constitute a separate portion of the "Interest and Sinking Fund", and will not be depleted annually, and will not be subject to yield restrictions; provided that in no event will such debt service re- serve fund Fortion of the "Interest and Sinking Fund" ever exceed 158 of the original face amount of the certificates; (h) that except as provided in (f) and (g), above, no money or amounts will be held or accumulated in or invested from any sinking fund, debt service fund, re- demption fund, reserve fund, replacement mind, or simi- lar fund which is reasonably expected to be used to pay principal or interest on the Certificates; (i) that the amounts receivad from the sale of the Certificates will not exceed the amounts necessary for the governmental purposes the Certificates; (j) that the Issuer has not been notified of any listing of it by the Internal Revenue Service as an issuer that may not certify its Certificates. 4. that it is not expected that the proceeds of the Certificates will be used in any manner that would cause such obligations to be arbitrage bonds under Section 103(c) of the Code and the Regulations prescribed under that Section, and it is further specifically covenanted that the proceeds of the Certificates will not be used directly or indirectly so as to cause all or any part of the Certifi- cates to be or become arbitrage bonds within the meaning of that Section or the Regulations prescribed by that Section. 5. that to our best knowledge and belief there are no other facts, e;itimates, or circumstances that would ma- terially change the foregoing conclusions or statements. EXECUTED this. SEP 2 J 1984 r a or, Ci of nton Tex s City Manager, city of Den on, Texas iSEAL) OPINION OF BOND COUNSEL Based on our examination of law and review of the above certification and the covenants with respect to arbitrage contained in the Ordinance authorizing the Certificates described in such certification, it is our opinion, as Attorneys at Law and Bond Counsel to the City that the facts, estimates, and circumstances are sufficiently set forth in the certification to satisfy the criteria which are necessary, under Section 103(c) of the Internal Revenue Service with respect to arbitrage bonds, to support the conclusion that the obligations of the Certificates described in the above certifi- cation will not be arbitrage bonds within the meaning of said Code and Regulations. Further, it is our opinion that the Certificates described in th.e above certification are not arbitrage bonds within the meaning of said Code and Regula- tions. 4iRci;rL'__LPARKHuRST 6 HORfO ATTORNEYS AT LAW 900 DIAMCND SHAMROCK TOWER DALLAS, TEXAS 75201 i i _ SIGNATURE IDENTIFICATION AND NO-LITIGATICSI CERTIFICATE Tt[E STATE OF M%AS COUNTY OF DENWN CITY OF DUMq ;;e, the undersigned officers of the City of Denton, Texas (the "Issuer"), hereby certify as follows: (a) That this certificate is executed and delivered with reference to City of Denton Certificate of Obligation, Series 1984-A, dated August 1, 1984, in the principal amount of $1,800,000, authorized by an Ordinance passed by the City Council on August 21, 1984, being a single fully registered Certificate payable in installments to the registered owner thereof (the "Initial Certificate") and the Certificates (the "Definitive Certificates") initially made available by the Issuer for completion and exchange for the Initial Certificate. (b) That each of us manually signed the Initial certificate. (c) That each of us signed the Definitive Certificates by causing facsimiles of our manual signatures to be printed or lithographed on each of the Definitive Certificates, and we hereby adapt said facsimile signatures as our own, respectively, and declare that said facsimile signatures constitute our signatures the same as if we had manually signed each of the Definitive Gertificates. (d) That the Initial certificate is, and the Definitive Certificates are, substantially in the form, and each of then has been duly executed and !I signed in the manner, pre:s.,ribed in the ordinance authorizing the issuance thereof. (e) That at the time we so executed and signed the initial Certificate and the Definitive Certificates (collectively the "Certificates") we were, and I at the time of executing this certificate we are, the duly chosen, qualified, and acting officers indicated therein, and authorized to execute and sign the Sarre. (f) That no litigation of any nature has been filed or is now pending to restrain or enjoin the issuanoe or delivery of any of the Certificates, or which would affect the provision made for their pa}ment or security, or in any renner questioning the proot'edin9o or authority cuncerrdng the issuance of the Certificates, and that so far as wre know and believe no such litigation is trxeatened. (g) That neither the corporate existence nor boundaries of the Issuer being oontested, that no litigation has beer, filed or is now pending which would affect the authority of the officers of the Issuer to issues execute, sign, and deliver any of the Certificates, and that no authority or proceed," ings for the issuance of any of the Gprtif;.cates have been rePealed, revoked' or rescinded. (h) That we have caused the official seal of the Issuer to be impressed, or printed, or lithographed on each of the Certificates; and said seal on each of the Certificates has been duly adopted as, and is hereby declared to be, the official seal of the issuer. m=1-D end delivered this SEP ; 1384 MANUAL SI TURES CUICIAL TITLES m - Mayer t_- City Secretary The signatures of the officers subscribed abave are hereby certified to be true and genuine' t'irst State Bank of Denton Bank By_ (BEM SEAL) Chairman ozt a Board TREASURER'S RECEIPT THE STATE OF TEXAS ; COUNTY OF DENTON , CITY OF DENTON , The undersigned hereby certifies as follows: (a) That this certificate is executed and delivered with reference to City of Denton Certificate of Obligation, Series 1984-A, dated August 1, 1984, in the denomination ai,a principal amount of $1,8x0,000, authorized by an ordinance passed by the City Council on August 21, 1984, being a single fully registered Certificate payable in installments to the registered owner thereof (the "Initial Certi- ficate"). i (b) That the undersigned is the duly chosen, qualified, and acting Treasurer of the issuer of said Certificate. i (c) That said Certificate has been duly delivered to the purchaser thereof, namely: 1 1 MASTER SANFORD COON YARD HOLLAND, INC. ` (d) That said Certificate has been paid for in full by said purchaser concurrently with the delivery of this certifi- cate, and the issuer of said Certificate has received, and hereby acknowledges receipt of., the agreed purchase price for said Certificate, being the par or principal amount thereof and accrued interest to the date of delivery. I - EXECUTED and delivered this $EP 1984 Trea.~urer k I CLOSING CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON Ve, the undersigned officers of the City of Denton, Texas (the "Issuer"), hereby certify as follows: 1. That this certificate is executed for and on behalf of said issuer with reference to the issuance )f City of Denton Certificates of Obligation, Series 1984-A, dated August 1, 1984, in the aggregate principal amount of $1,800,000, authorized by ordinance of the City Council on August 21, 1984, initially issued and delivered as a single fully registered certificate payable '.n installments to the registered owner, but convertible into fully registered certificates in any multiple of $5,000 (the "Certificates"). 2. That, to our best knowledge and belief: (a) the descriptions and statements of or per- taining to the Issuer contained in its Official Statement relating to the Certificates, dated August 7, 19841, &.:ii any adden6a, supplement, or amendment thereto, on the date of such Official Statement, on the date of sale of thin Initial Certificate and the acceptance of the best bid therefor, and on the date of delivery, were and are true and correct in all material respects; (b) insofar as the Issuer and its affairs, including its financial affairs, are concerned, such official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (c) insofar as the descriptions and statements, including financial data contained in such official Statement, of or pertaining to entities other than the Issuer and their activities are concerned, such statements and data have been obtained from sources which the Issuer believes to be reliable and that the Issuer has no reason to believe th4* they -ire untrue in any material respect; (d) t`rere Las been no material adverse change in the financial condition of the Issues since the date of the last audited financial statements of the Issuer; and (e) the ordinance authorizing the issuance, sale, and delivery of said Certificates, which was duly passed by the city Council on August 21, 1984, has not been amendod, rescinded, or changed in any way, and is currently in fully force and effElct. SIGUED AND SEALED this SEP 2 5 1984 Ci-'-tYS ecretaiY, M'ity -?~Don a r, C' y of nton (CITY SEAL) C Vr~ A. ~FLR ~g T S .P'~is a ,s I •W~k' 1~ ~4 ~'byr py{q~pV_ltiL~~~~~1' 1yf I4 ~6 N ',IP'~• ,A >`i~4- I 1 ~ *±`~p.YM~'kN "f^`"M1;~14' -I.~pµ` O5 AWUA~ ~ • 4 ~I w ~~yy~//,'.{{.yyjjv~ l" ~b ,i.~1~.. My ~+~}dF.. ♦i da. r ~ H r •F 1z W LW .ems ~ ~o.~ . ~ .3 ~ T 4q sf oam ~:~3~= Iem 3>~ I, I" ~i'„b' 27 .0 Ini ' , $o ~j3t2'-g$Z Ge~~yI e0 a t R oAD 03,Yt- ■ s-{ is i 1 °i4a$g'' a9 ~Si~ aie~i ~ 3~• q I I I I I G' m0 ~i t v O~5• ~ 9 Oz F f 1;g f 'I. a xm' ~4 spa°R Nr SSG "II ~j m a n ~=43a~ ~ 3~~ ~ ~S~'a ~3 mg ~Y'$$€o I II I 'I I ' I I I~. tF~ •Dn d v° i 32 s ° ~i '!e a_ < p rz 333 no ee I II I'I c a q •j n 4 5C 3 z noz ,so 'III I n-~ ,n ~-C I m ci i sgg~l Fe my icy III,' n k s.,. r ins :~a' st, m5 s III (7 N s rv a• - m Z !f n q4.. fy ~~2m ozp p. o roooe$~ B N: m'' N n x 4 i m y a]j iv 6 o E 3 3 o s i' m O ~yz OFF [m d' ° S?v• n n'a C r'Y" 9 v A€» 660 p $ = o; a.4. C~ rnn •S rF..,..~ IR m ,iY4i4 n 3~Ij 4 ~i $1 h~N ti} Q'l ~/1 Q m S ' i y Y' •~i ~i;i ~'4Q•~°<'7 SI D~ j 1I - ,11 rI ~J 71 O j a j°ac S k w ~ ~ ~ ~ ,...n...r, r.,,,,,,,, 3 R • ~ ° ~ - m 3 ~ C p= Om s g~g •p g I C ~ C ~n .•••~o •.C/,~~, 9 s ~ mNm g ; F2 s c a_° C~.. „i I D ~B O iO: via ? _a8?j3 of g""@= "':1 5 J O Z pO ~ $~.t s,R .~nU: ~_o ~~o ° GF"F~.i a$ mo m Yoga I ~ m pz ~ r'. .;,t1, S~ aiz m Xn;op 0~~~4' 2 iy, 'e m a e o 3 t oy ~ I < ~~o e».. ~ s~~amo 3~ m0 y~~ I I I I I ~ m ~a S, o O I 0 3 n~esSi z xb.? I I e' p0 ! q3n~ ow m o ' )i , o r m m a 9 r l(~\ g so rt "~~~nF 83 m y~g y° Ik'~ - ~ `s1 n qm~o f ~ m•m g a n • m c o^ 4 i z 4 m.' v i fl , c c°oo °v O 1! a 3 C N 5 le co co c R 4 o g 3 a L a D z t• I~ a I,I 5L 0 r 4 a ,ufi]R ~ m~el Q I p, 1! wig °"m ~ a I h m'm' eF5•~ "m o II t. 5 -31 >lwli lF~tl ~ °A t~!aI!EZ..~'~iJa'~.e: ort {1+IJ u'.n ur pu...dra t'Ie .rot .1111. AI L....F .mearl p." If surd Awl t'NRmn THE OFINCIPAL OF AND INT[RE55 GN 'mI Cen¢aU Fos pl.Ina in 11,'11 ur A! d 1 Ir loch w.nah 111,11 OF 'efamprlor '.F DuOUlhrd am I to. LIn1H 51IIM of Amen,. IF or r¢M... IF :-IKnon [n 11. Id' 11,11 [al l Or OI IAA 10 'nI cv turd Itp 1'Pr • GdalolM Or ",l w of. Unit p,0 ma IF110 H p her MAIM I Pi I'-Wr1V. On "1 WFor du Of Ina O'U'u.nn or to 1 A \ 1 1 litY NI IC p'OHd rW AD01 M DdNmld Pool St Harr AFI or Ma 0.11 N I'S OM1Ud Ip ryrmp'.4m. two 1IICN C.o n Tali w upon IM TGASled'OrVV\9~NR FJnl pWJ N 'H Age, al OAT 11f:So lm Ar'`'ea.Ili ,Mier,Fnnl Mnfr\I•M! IM ~IM SON SIX p: ACV, IorwnM lull forg 10 • Id RAM Gt ldra Tna P,ri of Mey it ndf ;A ",aided n Ln rip owllarvLnp 'Pi 4r 1'Y rpnl OF Ml eeglnuld ovm.A I I wo,tK TEXAS "MAN . IN. Poring AgenER.9'I Paying gML'Ratialrar Ow d MI mbNO or the GAamaU Nall N mod, I Me p y'rg Ai1nLRIp'Nnr IO u. res. WHA o•re n;F fe lye ¢Io for pwLIF FAYmIm ,IL a Nihon aOfany oCrlcNa ld rM A, rU 1Mred a rob tbri wilC pn,,:D "Wear "Worew data by I A or do" OI'H as 01 Arita IAN r ! C mAnI deY ColA J to d fen JKtlo r.aving b. eam.I ma4r'1Y dal, Ielnnp Ili Y Ms eama'14, A dog", or d.r Pay Ig &PAI Apelvr On. any Payable role, from hind, 01 ,M1, Nfue rHU1w1 dM m any Integral ono AM Of 65 .1 N is AHN,, by dN OroMnca \uMoru"s the S.L.ACI of MN Cej,.,,a (tta "C r N, 0 d'•anul In Mu mY dnn "Pill Corm and mon alepg•gors ~'OY if r P"ICIN 1 I then, 1RUM 10 In, unrHeamrd Y A LR. r 11nU fd wen rear IOM n•'a'r i i'enOn,1. a"tl Ibrn 1 e rip: r the ilann hWgd hef NfCNI.11l m N Or•orR ,IN M paying " to PHip ,pat 11 Vn'tH 5fatrl Mar[ Lnnc1, 1I Meed. II b' mu ad lu m• • atAH crooner Y Cyr, or dl lrl NJII N "It to tIy i ^^I t ' IM a Ine t of M 'LUpr. all aF D'ov'Jr•Q In Ins Cin'M1Ut Oldrdlnanca O^ rIC• eJCh ~lI1 111 paY'M dr ID M l I. Orion' Oriel Anew,, 1'. 1M W Aql p'•pard l' ' OP yr na tltr o pr me n vIl p'K' ..I" THIS CLPTiFICAtE F 11 AKJ We NOV R ANY PORTICN Al OR PORTIONS HEREOF IN ANY INIEGAl r,d Cann app.uH on i FAdrers d Md feg'Na at dory, IF we en IMI "FASCIAS Dati'1 On d' f.9MaI'on 1.oh1 Feel be M•a Pmpng Agentneg .lr. a MULTIFI IPj .E OF maM Mupnad And MO FMp M 1alfenlUr H only Irv IM Rpiafep" lAXn Il nee IF SeM drat rlMn Any acetate mM1+nl QIw uI n I!D rlEam Jfun OI Ref Can., C111 111 le OI IM hwr MgVI to IM Py'nq Aglet R'Al WIN M MAP eapK'tY d r gy w Ip 1, GgaICIVI 91 Jn IM Sign, and c,not oll w tOM AN dN Ca IIIIITA Drtllnal Mona Ire, mr lone rI DmfNed Mom are, b. 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IOLN 1unpF , d NI p1 rK•pN aNnd mUAwt on MI Der111•I AN' 0., endonrd on ill. Car WCAb Man N OH-d0- 1 by Ire rp.FNrsS or her or M duly .u FIE DAIS for Ml Pill"' III pl Mr Sri1HN Or l ratIn' C On Ma1M. CA IT IKN. 'hot M \ ,'tenon, For n,i, Parr III IS IO a„de" IM OI1 pod'. It A. np l A Mr CA l p Co,"ot~ IF T anld 0' li 5aorda,. IJTK'IY. I kill nd,tlay, a t day on an Co. NnFing Rfe,d,11IM In Ine C•1, Ann's IF. lay aO'e In wI M ,af•7nel w aV,pnMl rn,[n loan roll, bat r'TIr hb rp4UM OmIM SIX OYNM Pl. my Agn'hgprNnr is Id'aled rr aumor¢'q DY III m octave, Order U dou then IT- Of Iucn new r;.ea fiCUe or Cmdrl l. or to Me prw.u t nprNe.d pwr K In fey uls OF M doe hl wen PnY ranl anal, to IM Vi wccrwrrp 11, ."Ina 001 alch a SaIJrCq Si ..ferment a' d Ltr Ner ^I oaly a M)FIon o1 ISa CIAI LC.'r mtY be dell ,red to d4 IarJll Ml c+ uIy On Ali NFU IMP IAN' ulronl Irl ILM.Or9H 'o IMe. 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FOR ME PURPOSE RAYING ALL OR A PORTION OF THE CII THE QO4TRAOTIJIL OBU ST BE INCURRED ZILITV PCLRSUANT UDF CO NTRAOrS FOR THE during its p'l'od cm Ime nn^p wen the AS Dil r,grat on any rod err and Bryn ciow CANSTAVC❑pl Oi A A Std10 10 WASTE OISP05AL MINTY INpRLL PAOJf CT7 FOR THE Ina roaring It On SIT MN IpFI Ap rr1141 er InbNIt 1f paY^ NM We cor 'H pl e'1, CITY, AND THE PURONASE OF EQUIPMENT, MACHINERY, AND LAND THEPEFOR AND retpatl m 11 , S".Jon NS Or pomm~ InSA me lOr 111141 her rld,m000n pea to m1NrnIY eTN F PAyII10 ALL OR A POAI'ON CF ME fANiPACTI)AL OBLIGATIONS FOR PROFFSSIONAL U data P"n to 'N '0 lemdmn dab TY •tysteH Anne, cl MU wrrri "I M Ant eta' SERVICES OF ENGMEERINO ARCHRLCTS ATTORNEYS AND FINANCIAL ADVrsORS IN ono 'deairl I', the H,. of and the FIX ,g A1.11. 7`12 SFr a 101 \DAC161a 0.r nr" by AS CONNECTION Will SVC" SOLID WASTE DISPOSAL FACILITIFS AND CERTIFICATES OF purpom .n''LjCj 1 1.11 2 a lnd F'M P~ .Whi tow, Oil GmnnU to Ml abnTd won OB'.IGATION. pay hen g AC,. nne"o, 1YI1 Mr pe mM1e to Iny Mllq AS ON AUGUST 1, 1"1. AT On any infer Mt po l dell innpne, ter Gm'Kael d To Me cannery Sam m1Y AN, MdnrMd once Ip tSW Sol IH InAI'"re. al IM IF, On 0 IM IANP. w:M M'ld 4 rLNGM1 , Tale, dues nom any NYMlable end 'add Iou,V, u , rn04 . f, m pan. And, II in PACT, IM AL L C EAT 1FICAtI4 OF THIS < EF'ES Are All tone I ea lullI '1g'a "'-,air Gnlryoi 0 pdrtl-1• Ma'Ag IN N fHMm:ad Are, N .rKed and 1M'Plaited OF Moo Ihe. NT c9upAl on 1M den0'•'r N'x 01 r I Integral moto IS 15000 AA Yor,ad or dN raun (p o,Qed MII t W. In d 1 GI,r'In1N m y b redeemed onto m an Illegal mulnp4 me Carl,hpy. Ord 11111 M'S OFF cr awry un redeanned p'yl'on hnM, only, Y the 7115 I00). N m1 me 10"", PI C• or we ego Cr wiri mmoenr tMM plus acc.xed IAN get n.I.N a1 I . re,ayrH ii or IN au,pnn AT aupnwa Mrwl, W w,wMS AXIS kq b rid AR. Dar'd NO, mdrmdl , .,CMnoed 1 n • la, pg^told DrmclpN ,mean of luny feQ1111d lero We, a1dp1A 1I,W AT LUST 2D uS;I MC• W MI II'. NoC UA any Ne WON of Cam LO.1 e1 or pwt on. coapanl pI POP N IF, it propr is regn'eH Fare, IsAgree. p afaBlem ea W . ray ANf pvld to T r11Y . "Ill., nOrt, d wen PATIFI9n Fell N pubinnrd OrKd in A N, harng PN 'Al malurl or del,. Ind b,ti Imo Ml aI IM dam, 'AN, In My een.^A11iNhT r,a¢Nl cuD1u!IOn Ioum.1, M mortar d Poll orCWrnOn •MMOC O.Fil dealara in Tire or drnom.rlaon, rn MY m:y,i mump4 CI 15(RIC n e Lfti d IT rnllnq By PAX \ppppd\b Co., d f Pi YaA. pay, "AL hnpupng. Cut rid :mdH 10. TM Bond B'Y., Ind IM All, SIr MI Ng'olnH F.M4 ne'Saw Lr uagvr.. M !M Co. toy N, upon rands, Of AS, C"',g JOUn111. by IN it. Out 01 TILII (rnc,udmq to rid introit 10. The Teas Bohd Aap99II'r 10 the Ply, g AgAIL Rep T'\' Air NnCN1MOn, all in ICCOrdI!Ce Fdn IM from f pgC m Such AOIK, S. AM N eanl a Me ear mg AdetL Al It'll IF VC ISO Slate. All 1"fnt,all eat IFwM in he C 01,fV00 Of inn c. INo 119 At 1rall MY rr Ply IN ApenLRegL d1 off," pit'i Proof" rid ICI, Me, 20 Jaye p,•d IF no Nr. !,Ad for •,1 fuck Hrc.go 4 IF Ina Or tuNOma Y lee, and crop AS IOr IrlMfl'rrng. 1"Herrnp, aM n•Mnpirp MY 1;.,NP4 AT vol IoM' OF eI'll Coi N• 10 N Mogen or to add roll ae It Iporlred on R• AiM any pC L, I M, t~r Me Cr ,get IVrfn ireCilay, 411K,l 00' W, on, day rd IC IS r.damplml PAN. provdH No Nom, Met Me Ih'Iwa 1o send m.AX. o, "'41,4 .1, 9O g' glpaC IKn ndrCl. pr ry dt'K1 MA an Or M We NId,i or Mahon, I111w1. 11,141 no, Wl Me p'KHrnl I. In, ,Tar C40 Of MCN pAq,Cld Io De Paid a'tN a 01 ""'IM Intl a.chm^ge TM Plling A" ,lot, or MKlnanoF dr Pre I,OCSFUNP. Ion tta HO.mpndn Of Thy C.n'bo'... and A ,I Rp.1•m OINI nor M ImolH 0 I.N. any I,, cprrerlmn and ocra,p PI door" Any pe,•vpe ne,F am Vg,y pirri 610 Ire pAtAC, On 4 fJ h Cauca n redanld .bd1 Noll N Ine comrM nu"p AN to Me clpea o1 Dua' A on 11y flyal DIU Ohio eMmo .Ith M, peon of •Ly ndKe 1r11llly erF UnH N COnnK'Wn .,In 01 L a p'IrAayl'le rO Me nde+•p90n Of Any Ldllnen 75 I" NN IIIICANIN Dflr.:CSA M o l "Final Cool, or, (C) Sign rear M Ir, C,YdCIIn Or NO.11 "S".1 II " data Fred ICI Fly wen HNAr ibC7 doe orerm On NNI Gn11K111 or pon,OI enrepl OI K fu' rK:pmpt•OA pea 10 M1tunIl, ,neon 15 do, pep b AS b 110, In If, paying Aym[ Rego:r by IM "'I'll Of IM Fi ldl'H gdempr9n pow I., rH.npr'v. data peon l7, D.hmov. C.Ii inul'y mHe 21,04bU by IM lPA", Id ""And, Ilea McCALL. PARKHURST E NORTON as M^p1 ,w Me ln.t.1 Cen JICIN e¢M•+cv0 rlw%tl.ft• RATED CAI NA1D EeAALF'NON , IT IS OUR iPlfllON Ira, tIN ly,fie CSHIhNAA tta MM no on Cori tea Marl been dab I.tnpf IM AM IN NIbY CMMctl1 No bud duty Meal F•'uL1 revs rfN,I•R and 4011.1114 am m KCCrd.xl AIM ,arr. and Mat ,ref M may N Vmllae by 41N ANA:Ing Y UI'V OF OEN•CN CERTIFICATE OF OBLIGATION, Nr,r-PK r. rurgannmm~. aAd li fIndar marre1 smorl ald'IOM Mghta, the corneal SaWLS 19µA, DATED AOOUST T INA. IN THE and 62 ing on the CartrUtafe O'domi con'll Los vN'd Ind binding pblitiviee 'A IM _ PNINCnAL AMOUNT OF 11eDDDDD Iswe, II'd IF1 Ind.ar C.nl'cets C111010M an! GIn RIge GmrlkalM aid Corlial card Ord AS III Cori Tor Me COX OI Dertoa m CO'!In Count 71 M. Ill. 1fe v,C'l. w1 41.11, rvi o04gaLorl Of ML 11H,91 , at Ch, '09.1a AiM Ma InUraft trig IAA IK by and CrylNe Hom 111 e.nual ad YI ohm U.M. rdnm tea Ill" PSI.,tH by k.. Po ea hlw IYmnM IOW MO 1'. ry led I ,l, o1 rip raw OT Culdnitw OF OpegA,.un '"Ier, n1 lu •d, faODe•dy Atl,,, in. hover, " Ie lh1 Are,UCa and meoml d IN I Om ,Y'M,CH by 1N CMdicall drwr.LK 10., Itb "I ri G'11IKNI1'I. ,Arco inner GeNbcAM horn n» creya mane to Md ryaJn for COIIfrl pnbi VNnl and 'abbe Bim SQ% 11,..11, nn No, arose Any, "Ri red n I enp4 'IAXV'niswtd nrLhwN. yi mlerl: end Intl MI Jollity u,,, m IM lafae. Koprdance A M SKtion 12 IsItt of AM Codm at coo pule AIM Nr pr1'K'prr lmourX Need pryaYSi on rat NaumenY Cut On AUGUST 1 rat e¢n pre nJru1 d the bat n. and any tmen'manl Mewed auNbfuN lNrNd.,M OF Matson ION tnrpu9M 2fCa, and w11h Me uh01id Dllance or mg, IMIa'Inenl Or patrK,pal, T 15 FUR TH EA OUR OA:N'ON TIN 1,N nbrMt cat !M III pFmlA(AI1 am hbnMN I ralpfYlory . bil mleeN from Me data of DN 11-14 Gnln01. to We O,ya, d euA CAP I Ol HTr'I, Fr go mil Oat d C'w.Ymr,( CA N de.mpt'Oe, Of &h Ir141l1r1 of prmtrPl. it IM Gn,MCalo . elmnpl tin' 1He11 .n Ome IaaIN INA.' INS spOll War", INI10ro1\ I`I fti N NTH pat 1 .hum Td each p41o lY, 'MVSCtrny W b' Insd rulinga Ord IbaQ Ow e,0n1 pI:ILrq on LY NIP of Mi, odnlOn. malurl Y INS 1; IDS m lur'IY 14-M A FHE ISvUER tta raer.w rN him to I.., IMInlonal ob'ploorM my" boon WO ..our ly 19,2, 121db malurdr in, 0 r5N and I Inr .,Noel Fond IT,., described 1Mye m.Iwlry 19II. 12'A mrur'Iy im 9Cm AS HAIE ACTED AS BOND COUT•5EL for tta I91a•1 III ir. All pl:ryoea d reallil ld ma'Ii I, Ipap. it loc, mourn, ,999 911^ an uOml Cn vCM 'epK1 l0 Ma leplMY and yN'd'ry of fIN CAI N:,M1 d'KnD ib Po aN y.r Cly Iwo 12111• m11u^ty 2170. 1 BCN Co, iduMCn and 111 d tats Stn, Or Ton, and AIM 1ltacl 10 MS 1.0Mpbd1 IF M NIIrYI malun'Y ygo'. 171Cne mnanfy 2%, '1 DAN on !.ace :emM1U'.f ,ram 40ea. Income Nigel and 1W rd FMK 1aAedin W D,flpI" IN K" marJm, too; 121sT, rti ONO Ia DL'♦ III bMn Cei 10 In+AI'rp rid dr rriy, and nn1 not I,O,n Aled or M'dy kry Ilt.I f. A Wvt'i twJ 1210% malurl,, M3 9'25\ dole. Or other '.'.Fill feeling 10 Ill tan."C AI COMdon At uCaD IBM d eN IMIM. YEN meaner 1191, 1lo halo, 7004 g 2t♦ ad wcY of nn e"uM and Income C1 Inr lower, and May, end uwmae afM IMpOrN'bl,ry eta murunh IY15, 125% eel Wt IM'I'o A11..I .4•d 104.1, on cr 1"a IM rarn'11N5 by rI wa al wow b N rAn 111.1•0 flwble an FEBRVAAV 1, INS. And Mm.11u111Y on .,+r AI.DU5T 1 rid ur.nl oarnrd"gyp 'nC.Oedneaa M, And IIea13H Fa A.lICn d 110ble POP" MINT, aft IEBRLARy 1 IMAC AP , a,d .,In Me Men o0r,rdmg Inl'lllCrtl 01 pnn(Ipal d Il n1h1 I,,or CAll DI.^g w]pd 0 p'rP VCI o"ardar h M 1 AnON or m pr. P"OI IL FCr.edued pMPe'ri mNw'y. N ha opt on d Ire ra,&,, M Aug all I, INS 0, w1 any inner.,, 01,1.11 del. YICALL, AAde HUPST E IfCJP IOM Me'W"I re ICtddlMa Ago Ins IS"..nd Cond'Lonl I!.-ad 0n M? Ir. pf p. wtIl Control, TN Inrlal CartlfilLe may, e'. M, CROLM N 14 IF ld ow^e,. be tr........ 1 and CJ I'lead rep, and, A:Mngod Id, 111,, r•p•Ileed Nnd•C I'M, ,'MOW In.rgl Cd,o,011 Me ernorh.ranoh OF 1S.Maa Or at, m1p'N muMlp is OI ESade no .1" Car A~a!M pen may GERT FICATE Me "C"I" SO Ind OF a1011H, all elder, to MN candid Ura 11I11 and h MI 11111. I. THE UNOFFISIGNED City Sec N'.ry For IM OIY N Dfirlde T..$$, nr.D1' caMry too rOaCWI I,. M Odfna Ke LtVnr"g 14 In,.nce of tta Irmo, Crd.ca'. Itrr Grmuly "'a III I'd ,,.gang IS a Vas, f'. no co, eat ;HP, 110 the oplrvOn d All PAhnurY E Co,,,.. 1. Air IN Mr wen 11,101.11 ran:Cat na tort a ul iFN.m C,!pd and 1.11 ,n 'Wn:r, A1111111 Ir to r'In I'llod to MA Initial GM2rln I'd D.nn11w GrAyoges KID 16nrrdn Me Cand'c.U )IIi bring N'ee.n•r Clued D.'In.,nr Colo Ii' .r ,:tad r.A,n Ahn.N ""'Cat rat 4NH Ind Oeh,nH sOnCUn,nMl' YM VA. nii MN W'E HA':E GAM NED t. lplllu.. And pan :Ito p F 1 p , Of the C,, ,t 1 t n mO iL.f It IS d Ili 11 Clog W. N 11 Sr. Ir inudn •rnmr ed IO a e al y 1'. o.C rtrd N%••dhg. /J ~,.y-•• Of wr and c, • tne'11 ❑ Mega Iu.nl ed t y '.n q a tin. LP .1 f~0/AiGU~. .06 . C Of 11. Ine In 'IC 't,' .I1r and Ca r e Gen.1 .:.L ,I I,. '11...1 .l I d CnF OI H^ .Fcmn^ Ol 71 F. CAI Swn'Aq ma Inn a1 Ce souls ,n 'rdnp Iv e,ecdM; M,u.l Ca^.IC+'e rd • '-Y, .e ASSIGNIVI Fo1 I'aIUS received. LMe under s'gne'B reg15te,ed Owner of Ih 1 f_.er tAflc ate. I;r jury aLlnor'2Hid red resentif"r.r Or aH Fney' Iher, M. Eef oy ass'IVIX lhl5 Ce A,(ale to ' (pr,nl OF lyre [he name and address of tree 5s,gnl and any' other ,nlevar'.t Inlonrat'0 T) IMC dalhor12B5 tie Paying Agt it, Pil lStrof 10 transfer the Iegi54ra! On DI 1115 CertlbCglC Tin the 0eg151ra:1on BOOLAS Jated Registered Owner The 5~911a11,fe above I% htrE2y verified 89 true and genuine 1 I 1 LAW OFFICES ?41CCALL, PARKHURST b HORTON qqr H rn:.ALL 900 DIAMOND SHAMROCK TOWER JOHN D. MCCAI.L [It L E R ATON 169& 19681 PETLA M. TART DALLAS, TEXAS 75201.6587 WILLARD PARKHURST P CH, ,O C PORTCR 11006 1\40 ♦.1.GELO P PARxER M1[A COC[ !4 ]u~9601 G. CHARLES PDBD Sr CL AR[NCC CROW[ Tn ~MASL 115CHARSAY' T[LtCOP,cm iV 160 1010 1160T19\tl rErh LTH C ILTZ ,E .N A, PGEDITOM SEP 2 5 19,84 ,,,PREY A. LC1.'SCHE.L TR: MIS K. SPURGEON L.C BR1ZZVLAAA. M n E1,LTH P. ART. N' ` VClnt[p ,w [w Pn ON,' r CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1984-A, DATED AUGUST It 1984E IN THE ` PRINCIPAL AMOUNT OF $1,8001000 I!` AS BOND COUNSEL for the City of Denton, in Denton County, Texas (the "Issuer"), we have examined into the legality and validity of the issue of Certificates of obligation initially evidenced by the certificate described above (the "Initial certificate"), which Initial Certificate originally has been issued and delivered as a single fully registered certificate, without interest coupons, with the principal amount thereof ( payable in installments due on AUGUST 1 in each of the years 1986 through 2004, and with the unpaid balance of each install- ment of principal, respectively, bearing interest from the date of the Initial Certificate to the scheduled due date ("matur- ity"), or to the date of prepayment or redemption, of each installment of principal, at the following rates per annum for eaci maturity, respectively: maturity 1986, 12.108 maturity 1996, 9.408 maturity 19870 12.108 maturity 1997, 9.558 maturity 1988, 12.108 maturity 1998, 9.708 maturity 1989, 12.108 maturity 1999, 9.808 maturity 1990, 12.108 maturity 2000, 9.908 1 maturity 1991, 12[108 maturity 2001, 10.008 maturity 1992, 12.108 maturity 2002, 10.008 maturity 1993, 12.108 maturity 2C03, 9.1258 maturity 1994, 9.108 maturity 2004, 9.1258 maturity 1995, 9.258 with interest payable on FEBRUARY 1, 1985, and semiannually on each AUGUST 1 and FEBRUARY 1 thereafter, and with the then outstanding installments of principal of the Initial Certifi- cate being subject to prepayment or redemption, as a whole, or in part, prior to scheduled maturity, at the option of the Issuer, on August 1, 1994, or on any interest payment date thereafter, in accordance with the terris and conditions stated on the face of the Initial Certificate. The Initial Certifi- cate may, at the request of the registered owner, be trans- ferred and converted into, and/or exchanged for, fully regis- tered certificates, without interest coupons, in the denomina- tion of $5,000 or any integral multiple of $5,000, and such 1 certificates again may be transferred and/or exchanged, all subject to the conditions stated and in the manner provided in k the Ordinance authorizing the issuance of the Initial Certifi- cate (the "Certificate Ordinance"), with any such certificates which are registered, authenticated, and delivered in accor- dance with the Certificate Ordinance being hereinafter called "Definitive Certificates". WE HAVE EXAMINED the applicable and pertinent provisions of the constitution and laws of the State of Texas, and have examined and relied upon a transcript of certified proceedings of the Issuer and other pertinent instruments furnished by the Issuer relating to the authorization of the Initial Certificate and Definitive Certificates and the issuance and delivery of the Initial Certificate, including the executed Initial Cert'.fi- cate and a printed specimen of the form for Definitive 14 Certificates initially made available by the Issuer for comple- tion and exchange for the Initial Certificate. BASED ON SAID EXAMINATION, IT IS OUR OPINION that the Initial Certificate and Definitive Certificates have been duly authorized and the Initial Certificate has been duly issued and delivered, all in accordance with law, and that, except as may be limited by laws relating to bankruptcy, reorganization, and other similar matters affecting creditors' rights, the cove- nants and agreements in the Certificate Ordinance constitute valid and binding obligations of ~!,e Issuer, and the Initial Certificate constitutes and Definitive Certificates will constitute valid and legally binding obligations of the Issuer, which, together with the interest thereon, are secured by and payable from (i) annual ad valorem taxes, within the limit prescribed by law, levied on all taxable property within the issuer, and (ii) the revenues and income of the Issuer derived from the charge made by the Issuer for collecting garbage, trash, and rubbish from each individual family unit in the issuer, in accordance with Section 12-19(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substi- tute therefor, and P IT IS FURTHER OUR OPINION that the interest on the Initial Certificate and Definitive Certificates is exempt from federal income taxes under the applicable statutes, regulations, published rulings, and court decisions existing on the date of this opinion. THE ISSUER has reserved the right to issue additional ` obligations payable from taxes and/or the revenues and income described above. I WE HAVE ACTED AS BOND COUNSEL for the issuer for the sole purpose of rendering an opinion with respect to the legality and validity of the certificates described above under the Constitution and laws of the State of Texas, and with respect to the exemption of the interest on such certificates from federal income taxes, and for no other reason or purpose. We ( have net been requested to investigate or verify, and have not investigated or verified, any records, data, or other material relating to the financial condition or capabilities of the Issuer, or the adequacy of revenues and income of the :Issuer, and have not assumed any responsibility with respect thereto. We have relied solely on certificates furnished by the Issuer with respect to the current outstanding indebtedness of, and assessed valuation of taxable property within, the issuer. Respectfully, k 2 M r CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON CERT- IFICATES OF OBLIGATION, SERIFS 1984-A, AND APPROMr, AND AUTHORIZING INSTRIJNFIZJ AND PROCEDURES RELATING T11REIU THE STK7E OF TEXAS 07LA+7I'Y OF DENT ON CITY OF DENI'ON , We, the undersigned offio~rs of the City of Denton, Texas, hereby certify as follows: 1. The City Council of said City convened in REGULAR AEETING ON THE 21ST DAY OF AUGUST, 1984, at iher Municipal Building (City Hall), wad the roll was called of the duly cons;.ituted officers and members of said City Council, to-wit: Charlotte Allen, City Secretary Richard 0. Stewart, Mayor Mark Chew 7.iruiie McAdams Charles Hopkins Dr. A. Ray Stephens Jim Riddle.-perger Joe Alford and all of said persons were present, except the following absentees: .x zft u 2k:Ap Cl , thus constituting a quorum. Fkiereupon, among other business, the following was transacted at said Meeting- a written ORDINANCE: AL"IHORIZING THE ISSUANCE OF CITY OF DINTON CERT- IFICATES OF OBLIGATICN, SERIES 1984-A, AND APPRO✓ING AND AUTHORIZING INSTRUMENTS KND PROCEDURES RELATING THERETO was duly introduced for the consideration of said City Council and duly read. It was then duly moved and sec m'ed that said Ordinancee be passed; and, after due discussion, said motion, carving with it the passage of said Ordinanoe, prevailed and carried by the following vote; AYES: All members of said City Council shown present above voted "Aye". NOES: Nore. 2. That a true, full, and correct copy of the aforesaid ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that eaid Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meetirg pertaining the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and menwrs of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would Le introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hk.reby approves, the aforesaid ordinance; that the Mayor and the City Secretary of said City have duly signed said ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance :or all purposes. S GEE AND SEALED the 21st day of August, 984. 'en ? , City Secretary r (SEAL,) we, the undersigned, being the City Attorney and Bond Attorneys of the City of Denton, Texas, hereby certify that We prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid. J LfVV City Attorne c a rneys ORDINANCE NO. 84- ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1984-A, AND APPROVING AND AUTHOR- IZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, Vernon's Article 2368a.1 permits the City to issue p-? sell for cash the Certificates of Obligatiea hereinafter authorized; and WHERLAS, the City has duly caused notice of its intention to issue the Certificates of obligation hereinafter authorized to be published at the times and in the manner required by Vez:,on's Article 2368a.1, and no petition has been filed protesting the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $1,800,0001 FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGA- TIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (LANDFILL PROJECTI FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, MACHINERY, NND LAND THEREFOR, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCH- ITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION. Section 2. DESIGNATION OF THE CERTIFICATES. Each cert- ificate issued pursuant to this Ordinance shall be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1984-A", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate"), but the Initial Certificate may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multi- ple of $5,000, all in the manner hereinafter provided. The term "Certificates" as used in this Ordinance shall mean and .nclude collectively the Initial Certificate and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE. (a1 The Initial Certificate is hereby authorized io be issued, sold, and delivered hereunder as a single fully f registered Certificate, without interest coupons, dated AUGUST 1, 1984, in the denomination and aggregate principal amount of $1,800,000, numbered R-1, payable in annual installments principal to the initial registered owner thereof, to-wit: or to the registers assignee or assigneesio said Certifies. or any portion or portions thereof (in each case, the E 1 "registered owner"), with the annual installments of principal of the Init:.al Certificate to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. (b) The Initial Certificate (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Certificate shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear interest from the date of the Initial Certificate to the r apective scheduled due dates, or to the respective dates of prepayment or redemption, of the installments of principal of the Initial Certificate, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section 5. FORM OF INITIAL CERTIFICATE. The form of the Initial Certificate, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Certificate, shall be substantially as follows: FORM OF INITIAL CERTIFICATE NO. R-1 $1,800,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1984-A THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to 'he registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $1,800,000 (ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS) in annual installments of principal due and payable on AUGUST 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL YEAR -AMOUNT, YEAR AMOUNT- 1986 $ 35,000 1996 $ 90,000 1987 35,000 1997 100,000 1988 40,000 1998 110,000 1989 45,000 1949 120,000 1990 50,000 2000 135,000 1991 55,000 2001 150,000 1992 60,000 2002 165,000 f 1993 65,000 2003 135,000 1994 75,000 2004 205,000 1995 80,000 ,r r i I 2 a-d to pay interest, from the date of this Certificate hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows.. per annum on the above installment due in 1986; per annum on the above installment due in 1987 per annum on the above installment due in 1988 per annum on the above installment due in 1989 per annum on the above installment due in 1990 per annum on the above installment due in 1991 per annum on the above installment due in 1992 per annum on the above installment due in 1993 per annum on the above installment due in 1994 per annum on the above installment due in 1995 per annum on the above installment due in 1996 per annum on the above installment due in 1997 per annum on the above installment due in 1998 per annum on the above installment due in 1999 per annum on the above installment due in 2000 per annum on the above installment due in 2001 per annum on the above installment due in 2002 per annum cn the above installment due in 2003 per annum on the above installment due in 2004 with said interest being payable on FEBRUARY 1, 1985, and semi- annually on each AUGUST 1 and FEBRUARY 1 thereafter while this Certificate or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and,/or interest payment date by check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the resolution authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the regis- tered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registra- tion Books kept by the Paying Agent/ Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Certificate that on or before each principal and/or interest payment date for this Certificate it will make avail- able to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Certificate, when due. IF THE DATE for the payment of the principal of or inter- est on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the 3 same force and effect as if made on the original date payment was due. THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OFt A SOLID WAST'1; DISPOSAL FACILITY (LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE OF EQUIPMENT, MACHINERY, AND LAND THEREFOL, AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION. ON AUGUST 1, 1994, or on any interest payment date there- after, the unpaid installments of principal of this Certificate may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Certificate to be prepaid or redeemed shall be selectef. and designated by the Issuer (provided that a portion of this Certificate may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a writte.i notice of such prepayment or redemption shall be roiled by ncc Paying Agent/Registrar to the registered caner hereof. By tt:= bate fixed for any such preply+aent or rt:derrn,.ior. d~ia provision shall be made by the Issuer with the Paying :%cent/Registrar for the payment of the requir;:d prepayment or re_4t^~tion price for this Certificate or th- portion here-f which is to be ~o prepaid or redeemed, plus accrued interest thereon to the ?aye fixed for prepayment or redarop:ion. If such written not- _e of prepayment or redemption is giv(sn, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatical'f shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the f;4nds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof. THIS CERTIFICATE, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial ::egistered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate C-rdinance. Among other requirements for such transfer, this Certificate must ae presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/ Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Certificate 4 or any such portion or portions hereof is or are to be trans- ferred and registered. Any instrument or 4.nstrum,ents of assignment satisfactory to the Paying Agent/Regir;t=ar may be used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial registered owner hereof". A new certificate or certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner 1_areof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to Any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitv,a certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), u;on surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal maturit- date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such certificates, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Certificate or portion hereof for which they are being exchanged.. No such certificate shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE CEF.rIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED ANr TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Crdinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) dur.ng tae period commencing with the close of business on ny Record Date and ending with the opening of business on the next following I 5 principal or interest payment date, or, (ii) with respect to any Certificate or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issvRd, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that this Certificate is additionally secured by and payable from the revenues and income of the Issuer derived from the charge made by the Issuer for collecting garbage, trash, and rubbish from each individual family unit in the Issuer, in accordance with Section 12-19(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substitute therefor. 7HE ISSUF;. has reserved the right to issue other and additional obligations payable from taxes and/or the revenues and income described in the paragraph immediately above. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual signature of the Mayor of the Issuer and ^ountersigned with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Certiticat , and hay caused this C rtificate to be dated AUGUST 1 1984. 416 City secretary, yon, City of Denton, Texas Y ity o Denton, Texas (CITY SEAL) 6 FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITI014AL CHARACTERISTICS OF THE CERTIFI- CATES. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of TEXAS AMERICAN SANK/FORT WORTH, N.A., FORT WORTH, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be m?iled, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Regif,cidt:Jn of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such Cert' i 'ficate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantF.e of signatures satisfactory to the Paying Agen•c/Registrar, (i) evidencing the assignment of the Certificate, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the rl.ght of such assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and. transfer of any Certificate or any portion thereof, a new substitite Certificate or Certificates shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each subs`itute Certificate shall have a single stated principal maturity date), shall be in the form 7 prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued ire exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments! and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being ex- changed. If only a portion cf the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner subs- titute Certificates in exchange for the unassigned balance of the Initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Cert- ificate, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Cert- ificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Certificates by any regis- tered owner of a Certificate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall pay arty tares or other gov,rnmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) ownership of Certificates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the a.~solute owner thereof for all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, :.f any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. 8 (c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this Ordinance. The Paying Agent/Pegistrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. (d) Conversion and Exchange or Replacement; Authenti- cation. Each Certificate issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request there- for duly executed by the registered owner or the assignee or assignees thereof, or its or th it duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the regis- tered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates, without interest coupons, in the foam prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shal' have a principal maturity date corresponding to the due date if the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each r;uch Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion -Ciereof for which it is being exchanged. If a portion of any Certificate (other than the Initial Certificate) shall be redeemed prior to its sch,duled maturity as provided herein, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Certificate or portic: thereof (other than the Initial Certificate) is assigned and transferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and baar interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. The Paying Agent/P.egistrar shall convert and exchange or replace Certificates as provided herein, and each fully registered certificate delivered in conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinai,.ce, and may again be converted and exchanged or replaced. It is specifically provided that any Certificate authenticated iii conversion of and exchange for or 9 replacement of another Certificate on or prior to the first scheduled Record Date for the Initial Certificate shall bear interest from the date of the Initial Certificate, but each substitute Certificate so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitu.e Certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, howev.r, that if at the time of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full. THE :1IITIAL CERTIFICATE issued and delivered pursuant to this Ordir-.,Pce is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for r replacement of any Cert- ificate or Certificates issued der this Ordinance there shall be printed a certificate, in tr.form substantially as follows: "PAYING AGENT,/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS Paying Agent/Registrar Dated By Authorized Representative An authorized representative of the Paring Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign the above Certificate, and no such Certificate shall be deemed to 1,e issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates surrendered for conver- sion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the govern- ing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or 10 customary fees and charges for transferring, converting, and exchanging any Certificate or any portion there.-)f, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or govern,aental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchanga. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any p,irtion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of bti.siness on the next following principal or interest payment date, or, (ii) with respect to any Certificate or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (P` In General. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturi- ties, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates shall be pay- able, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Certificates that it will (i) pay the standard or customary fees and changes of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conver- sion and exchange of Certificates solely to the extent above provided in this Ordinance. (g) Substitute Paging Agent/Registrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, :r other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, Lnd that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any ch-.nge in the Paying Arent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States Mail, first-class postage 11 prepaid, which notica also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and r. certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Certificates, and the Form of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriace variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE CERTIFICATE NO. UN'TED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFJCATE OF OBLIGATION SERIES 1984-P INTEREST RATE MATURITY DATE CUSIP NO. 8 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "issuer"), being a a political subdivision of the State of Texas, hereby promise., to pay to or to the registered assignee hereof either be ng-- ereina-ter called the "registered owner") the principal amount -f and to pay interest thereon from AUGUST 1, 1984, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being payable on FEBRUARY 1, 1985, and semiannually on each AUGUST 1 and FEBRUARY 1 thereafter, except that if the date of authentication of this Certificate ie later than JANUARY 15, 1985, such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity or upon the date fixed foi its redemption prior to maturity, at the principal corporate trust office of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner ' -reof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the resolution authorizing the issuance ,if the Certificates (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose 12 as hereinafter provided; and such check or draft shall be rent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or inter- est on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially dated AUGUST If 1984, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $1,800,J00, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF A SOLID WASTE DISPOSAL FACILITY (.LANDFILL PROJECT) FOR THE CITY, AND THE PURCHASE Or EQUIPMENT, MACHINERY, AND LAND THEeEFOR, AND PAYING ALL OR A PORTION CF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH SOLID WASTE DISPOSAL FACILITIES AND CERTIFICATES OF OBLIGATION. ON AUGUST 1, 1994, or on any interest payment date there- after, the Certificates of this series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular ertificates, or portions thereof, to be redeemed shall be se'.,~cted and desig- nated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemp- tion of Certificates or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, ur reporter of general circulation among securities sealers in The City if New York, New York (including, but not limited to, The Certificate Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Certificate Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage I 13 prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the send' or mailing thereof, shall not affect the validity Gr effecti,,eness of the proceedings for the redemption of any Certificate, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prere- quisite to the redemption of any Certificates or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed, plus accrued interest ther-on to the dat~• fixed for redemption. If such written notice of redemption is pul-lished and if due provision for such payment is made, all as 1-ovided above, the Cert- ificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds pro- vided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance. THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may ba assigned and shall be trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with prcper instruments of assignment, in form and with cuarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans- ferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the regis- tered owner or its duly :_uthorized attorney or representa- tive,to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof (i) during the period 14 commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at the request of the registered owner or the &ssignee or assignees hereof, be con- verted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. The Issuer shall pay the Paying Agert/Registrar's standard or customary fees and charges for transferring, converting, anc3 exchanging any Certificate or any portion thereof, but the one requesting such transfer, conver- si,-,n, and exchange shall pay any taxes or governmental charges required to he paid with respect thereto as a condition prece- dent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange M during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted tha,: this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by laws and that this Certificate is additionally secured by and payable from the revenues and income of the Issuer derived from the charge made by the issuer for collecting garbage, trash, and rubbish from each individual 15 family unit in the issuer, in accordance with Section 12-19(b) of the Code of Ordinances of the Issuer, and any amendment thereof or substitute therefor. THE ISSUER has reserved the right to issue other and additional obligations payable from taxes and/or the revenues and income described in the paragraph immediately above. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the facsimile signature of the Mayor of the Issuer and countersigned with the facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. (facsimile signature) facsimile sinature) City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) FORM OF PAYING ACENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the ftce of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS AMERICAN SANK/FORT WORTH, N.A., FORT WORTH, TEXAS Paying Aoc,nt/Registrar Dated BY Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT For value received, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to (print or type the name and address of the assignee and any other relevant information) 16 i and authorizes the Paying agent/Registrar to transfer the registration of this Certificate in the Regstration Looks. Dated Registered Owner The signature above is hereby verified as true and genuine. t Section B. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of t.a --ertificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate ani apart from all other funds and accounts of the Issuer, and shall be used only for payinc `he interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During -each year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Iss>>er shall compote and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest becomes 0,,.e, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but never less than 2/0; of the original principal amount of the Certificates as a sinking fund each year); and said tax shall be based cn the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount ad valorem tax is hereby levied, and is hereby ordered to ue levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesa~` Interest and Sinking Fund. Said ad valorem taxes sufficie.. to provide f.r the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribLI by law. Section 9. PLEDGE OF ADDITIONAL REVENUES. The Certificates additionally shall be payable from and secured by the revenues and income of the Issuer derived from the charge made by the Issuer for collecting garbag:, trash, and rubbish from each individual family unit in the Issuer, in accordance with Section 12-19(b) of the Code of Ovdinances of the Issuer, and any amendment thereof or substitute therefor. The Issuer shall. deposit to the credit of the Interest and Sinking Fund from the aforesaid revenues and income and the ad valorem taxes collected pursuant to Section 8 of this Ordinance, tht amounts that will be sufficient to pay the principal of and interest on the Certificates when due. To the extent that said revenues and income actually are on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of such taxes which o~Lherwise would have been required to be levied pursuant to Section 8 may be reduced to the extent and by the amount of the revenues and income then on deposit in the Interest and Sinking Fund. The Issuer reserves the right to issue other and additional obligations payable from taxes and/or the aforesaid revenues and income. 17 Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certif- icate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, exc=pt to the extent provided in subsection (d) of this Sectior, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the `erme thereof (inc- luding the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations whicl mature as to principal and interest in such amounts and it such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar sor the payment of its services until all Defeased CertificateF shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereor, shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and tz.mes as hereinbefore set forth, and all income from such Govern*ent Obligations received by the Paying Agent/Registrar. which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited; shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c, The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be Unit7.d States Treasury obligations such as its State and Local Guvernment Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DE- STROYED CERTIFICATES. (a) Re lacQ event Certificates. In the event any outstanding Certificate is amage , mute ated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Ap l~fcation for Re lacement Certificates. Application or replacement o amage , muti ate ~~ost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/ Registrar. In every case of loss, theft, or destruction of a Certificate, the 18 registered owner applying for a replacement certificate shall furnish t:+ the Issuer and to the Paying Agent/Registrar such security cir indernity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the Isr.uer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security cur indemnity is furnished as above provided in this Section. (d) Charge for Issu~ng_Replacement Certificates. Prior to the issuance o: any replacement certi icate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therEwith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of Lhe fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether o: not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authorit for Issuing Re lacement Certificates. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent /Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; CERTIFICATE COUNSEL'S OPINION, AND CUSIP NUMBERS. The Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary recc,rds and proceedings pertaining to the Initial Certificate pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Reaistration Certificate on the Initial Certificate, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Certificate. The approving legal opinion of the Issuer's Bond counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Cert'ficate or on any Certificates 19 issued and delivered in conversion of and exchange or replace- ment of any Certificate, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. section 13. SALE OF INITIAL CERTIFICATE. The Initial Certificate is hereby sold and shall be delivered to , for cash for the par value thereof an accrued interest thereon to date of delivery plus a premium of $ . It is hereby officially found, determined, and declared that the Initial Certificate has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated August 7, 184, prepared and distributed in connection with the sale of the Initial Certificate. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Certificates is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer. Section 14. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all sucl, acts and things and to execute, acknowl- edge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Certificate Ordinance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statement. In case any officer whose signature shall appear my Certificate shall cease to be such officer before the d -.ry of such Certificate, such signature shall nevertheless ,alid and sufficient for all purposes the same as if such utficer had remained in office until such delivery. 20 OFFICIAL BID FORM Ho,, rabic'.! r:or i-~d City Car Aug•at 21. 1935 Tres Pefere:"ce is rnade to i.~ Ot1i^al 5°.ateren: a-d Nome of c.ie a-d P,d erg [rs:roc t,. c, dated 4ug.at 7, 1°36, of $I,S i9,SG: CITY OF DEVTJV, TE.\4S CER.ISF1,--1TES OF O?LIG4TKIN, SERIES 19^,6-q, ;k;h ~f .h.ch ccrat,tite a part icreo,. For y or legally iss-,ed Ir.t>al Certif.-ate, as described in ssd Vence of Save and B,-S lnstructier, and Olliaal e +.ll pay you l ar and accrued interes: f,on dare of ss :e to da:t of delnery to p,:s a cash preri.,n of $ =a _ fcr t`e i^sta:l-eats cf principal of the IrL%,d Certificate co-ni-g c,-e, ~oat,r,-g ar,d beaarg ~n.to re st as I;Ic+s: - l ntcre~: Interest Interest Yat~rity Rate Mat jr, tv Ra:r 1l it urity Rate 5-1-1956 12.10 % ..I-1:92 12.10 Z. 5-1-1993 9.v) 12-.10-- 12-. If-- 9 79ff- S-1-19S7 - o' s-1-1993 _ % 8-1-2L C0 % 9-1-1958 12.10 s-!-1994 9.10_% 5-1-2091 10.90 s-1.1939 12.10 fi 8-1-1995 9.25 3- 1-2j02 1 no lb 5-1-199) 12-_10_~ a-1.1996 9.40 o- 3 9.125 ~t 9-1-199: 12_1")-,b 3-1.1997 9.55 a_1.2o0~ 9.125 !-1-1996 °•70 u-% Our eaiculvion (rhich is not a part of this bid) of the interest cest from the abose is: Total Interest Cost $2, M, 315.75 Less Premium NET INTEREST COST 52,441,319.75 EFFECTII-E INTEREST RATE 9.742880 q %e are haw.-g the Certificates insured by The ir,tial Cert'f;caie shall be registered in the rame of a5C r4H. I IC. (synd'cate ranager). le %ill advise the Corporate Trust Division, Texas Arr,erican Bac:;Fort R orth N.A., P.O. Box 2ri50, Fort %orth, Texas 76113, the Payin., Agen:/Registrar, on forms to be provided by the Paying AgeotlReg,strar, our registration irntructiors for the def,Ntise Certificates at least hvt business days prior to the date set for Initial Delirery. Re .ill not a kk the Paying Agent(Registrar to accept any registrationirstructions alter The frse day period. Cashiers Check of the First City_ Bank, Austin , in the amount of )60)069, which represents our GoM Fa1th Deposit--6a~tX,L1GfCs7r.Y is been made available to you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official StateTent and Notice of Sate and Bidding Instructions. xe agree to accept erlivrry of and make payment for the Initial Cert!fmate in immediately available funds in the Corporate Trust Division, Texas Ai erican Bank/Fort ttorth N.4., Fort aort't, Texas, not later than AY, CDT, on September 25, 192, or treree'ter on re date the Cerritica:es are tendered for deLiery, pursuant to the terprs set forth in the Notice of Sale and Bid.!^ ng Instructions. Respectfully submitted, OfLSt Hn n3, Inc.F.rst City t.ational Bank t - Capital Bank, N A /--F ?,)tan Mosle FinSer Investment Cc By - AuFi-e' dRrpres caiiv! 5,CCEPTANCE CL/L'SE The abose and foregoing bid is hereby in all tF.rgs accepted by he City of De on, Texas, this the 71st day of iugust, 1934. ATTEST: 6layor City'~evetary Return of Good Faith Dcyait is hereby acknowledged: BY FIRST j Cnl1 PA\".' INVESIMENT BANKERS MERCANTILE DALLAS 9UILDING DALLAS, TEXAS 73201 VRA%K J VC:ANic„ August 21, 1984 1:14 74 2.4441 u. o+. ct •.n all Honorable Mayor and City Council City of Denton Denton, Texas Gentlemen: A rule of the Municipal Securities Rulemafung Board, under which we operate, requires that we advise you in writing of our intention to bid for our own account or with others for your Certificates and that we have your written consent to do so. Our Financial Advisory Agreement, the Notice of Sale and the Official Statement to be mailed to prospective bidders and purchasers of your Certificates shall state: "First Southwest Company is employed as Financial P,dvisor to the City in connection with the issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. First Southwest Company may submit a bid for the Certificates, either inde- pendently or as a member of a syndicate organized to submit a bid for the Certificates;' It would be appreciated if you would indicate your approval by signing this letter in the space provided below: Very truly yours, FIRST SOUTHWEST COMPANY By Fran} Medanich The above is understood and agreed to, and we hereby give our consent. CITY OF DENTON, TEXAS jl~ 17 ATTEST: By 1ayo A4,1,~V,44,~6 4 , City Secretary CERTIFICATE FOR ' 0!tDIMKE DIRECTING THE PUBLICATION OF NOTICE OF IN=WrION TO ISSUE CITY OF DWION UTILITY SYSTEMS RE.VENri BQZS, SERIFS 1983-A, IN THE MAML1M PRINCIPAL MICL,-M' OF $20,000,000, AND DIRECTING TEO; ISSUANCE AND PUBLICATION OF NOTICE 0 SALE OF SAID BONDS THE STP.TE OF I KAS COUNTY OF DENgCN CITY OF DUAW We, the undersigned officers of said City, iereby certify as follows: 1. The City Council of said City convened in REGULAR =1276 ON THE 21ST DAY OF ALUW, 1984, at the municipal Building (City Hall), and the roll was called of the duly constituted officers and maTbers of said City Council, to-wit: Charlotte Allen, City Secretary Richard 0. Stewart, Mayor Mark Chew Linnie McAdams Charles Hopkins Dr. A. Ray Stephens Jim Riddlesperger Joe Alford and 11 of said persons were present, except the followi.n)g absentees: , thus constituting a quorum. Whereupon, among other business, ollowing was transacted at said Meeting: a written OFOINANCE DIRE 12T 3 THE PUBLICATION OF NOTICE OF .QaENPICN To ISSUE CITY OF DWICN UTIISTY SYSM! REVE2 9 BONDS, SERIES 1984-A, IN THE !•AXIhLIM PRINCIPAL A!1-MW OF $20,000,000, AND DIFtFC TING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE Off' SAID BONDS was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: hYFS: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct coo .y of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from, said City Council's minutes of said Meeting pertaining the passage of said Ordinance; that the persons na..7ed in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the ;,foresaid Meeting, and that said Ordinaxr_ rwld be introduced and considered for passage at said Meeting; and that said meeting was open to the public, and public notice of the time place, and purpose of said meeting was given, all as required by Vernon's Ann. Ttx. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City Y.--ve duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. STGNED AND SEALED the 21st day of August, 1984. City Secretary r (SEAL) - Ste, the undersigned, being respectively tee City Attorney and the Boni Attorneys of the City of Denton, Texas, hereby certify that via prepared and P,?proved as to legality the attached and following Ordinance prior to its passage as ,aforesaid. o. re-4 me City-Atto Bcnd ~ w ttorr*,ys ORDINANCE NO. 84 - ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS SERIES 198A-A, 1N THE MAXIMUM PRINCIPAL AMOUNT OF $20,0000006, AND DIRECTING THE ISSUANCE A14D PUBLICATION OF NOTICE OF SALE OF SAID BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, Texas, deems it necessary and advisable that the bonds hereinafter described be authorized, issued, sold, and delivered. THE COUNCIL OF THE CITY OF DENTON ORDAINS: Section 1. That the City Secretary is directed to cause the following notice to be published in the "Denton Record- Chronicle", which is a newspaper published in, and having general circulation in, the City of Denton, on the same day of each of two consecutive weeks, r:th the date of the first publication to be at least two weeks prior to the date upon which the City Council intends to pass the Ordinance described in the following notice: "NOTICE OF JNTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1984-A, IN THE MAXIMUM PRINCIPAL AMOUNT OF $20,000,000 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on September 25, 1984, at the Municipal Building (City Hall), an Ordinance authorizing the issuance, sale, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable in installments, but convertible into definitive bonds in multiples of $5,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 1984-A, in the maximum principal amount of $20,000,000, to be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Nee Revenues" of the "System", with said "System" initially consisting of the City's entire existing combined waterworks, sanitary sewer, and electric light and power system, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially in installments within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinance. Said bonds will be authorized, issued, sold and delivered pursuant to Articles llllb, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the afore- said "System". CITY OF DENTON, TEXAS" Section 2. That the City Secretary is directed to issue a Notice of Sale of Bonds in substan'.ially the following form: OFFICIAL NO'iICE OF SALE CITY GF DENTON, TEXAS $20,000,000 UTILITY SYSTEM REVENUE BONDS, SERIES 1984-A The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building (City Hall), 215 E. McKinney Street, in the City of Denton until: 7:00 p.m., Tuesday, September 25, 1984 for the purchase of: $20,000,000 Utility Syste Revenue Bonds, Series 1984-A, to be dated October 1, 1984, anu to mature serially DeceiTber 1 each year 1985 through 2009. Sealed bids, plainly marked "Did for bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of salt. All sealed bids will be publicly opened and tabu- lated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to ?rospective bidders on or about September 15, 1984, and will be furnished to any prospective bidder upon request, by First Southwest Company, 800 Mercantile Dallas Building, .Dallas, Texas 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. CHARLOTTE ALLEN City Secretary City of Denton, Texas. Said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the officiil newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for receiving bids. tro. ~~_/L}~ AN ORDINANCE AMENDING CHAPTER 21 ARTICLE 11 OF THE CODE OF ORDI- NANCES OF THE CITY OF DENTON, TEXAS BY ENACTING A NEW SECTION 2-18 PROVIDING FOR THE APPROVAL OF CITY POLICIES BY RESOLUTION, AUTH- ORIZING THE CITY MANAGER OR HIS DESIGNEE TO ISSUE ADMINISTRATIVE PROCEDURES AND DIRECTIVES IMPLEMENTING APPROVED POLICIES; REPEALING ORDINANCE NO. 62-40 IN ITS ENTIRETY AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Chapter 2, Article II of the Code of Ordinances of the City of Denton, Texas, is hereby amended by enacting a new Section 2-18, heretofore reserved, to hereafter read as follows: ; "Section 2-18. Policies, Procedures and Directives (a) The term "policy' as used herein is a statement of overall philosophy and direction, describing goals to be accomplished and programs to be established. The term `administrative procedure" as used herein is a specific and detailed statement of the means and methods by which management implements a policy. The E term "administrative directive' as used herein is a written statement from the City Manager to City employees establishing rules and regulations concern- F ing internal operational matters of the City. s {b) Policies and any amendments thereto shall be reviewed by the City Attorney for legal compliance and approved by Resolution of the city council. r ff~ (c) The City Manager or his designee is hereby authorized E to issue such administrative procedures and directives as he deems necessary to implement approved policies . relating to personnel and internal operational matters. Such procedures and directives shall be contained in a manual available for inspection by City employees." SECTION II. That Ordinance No. 62-40, heretofore effective, is hereby repealed. SECTION III. r That this ordinance shall become effective from and after its date of passage and approval. PASSED AND APPROVED this the C~ ay of , 1984. f I ARU 0 STEW T, MAYOR CIT OF NTON, TEXAS ATTEST: . C ARLOTTE ALLEN, CITY SEC ARY ) } CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: '111' JOE D. MORRIS, ACTING CITY ATTORNEY f CITY OF DENTON, TEXAS BY: sA {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 9.013 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING 'r PART OF A 152.542 ACRE TRACT CONVEYED TO RASSEY AND WILSON BY DEED } OF RECORD, IN VOLUME 772, PAGE 903, IN THE DEED RECORDS OF DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request Tor 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 7A, for that purpose on the -.5_ day of 1984 in the Council Chambers for all interested pe sonCate their views ` and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of , 1984 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ;i ordinance; and i; t. WHEREAS, this ordinance has been published in full at least 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, HEREBY ORDAINS: SECTION I.? • t: That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same it J, made hereby a part of said City and the land and the present and 3-future inhabitants thereof shall be entitled to all the rights and lam, privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situat_d therein shall be subject to and shall bear its prorate part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wit: +t H A-4/PAGE ONE 3fi5 z.~ 1i1 t ;d i All of that certain 9.015 acres of land, a part of the Samuel McCracken Survey, Abstract No. 817, iu Denton County, Texas, and being a part of the 152.542 acres conveyed to Massey and Nilson by deed of record in Volume 772, Page 903, in the Deed Records of said County, and this tract being described by metes and bounds as €:f"X follows: i BEGINNING on the east line of said 152.542 acre tract at the south- east corner of 11.0 acres conveyed to Pruett by deed of record in Folume 645, Page 598, in the Deed Records of said County, for the northeast corner of this; 1 THF;NCE south 02°51'06" west 839.4 feet with the east line of said 152.542 acres to a northeast city limit line of the City of Denton, Texas, which runs parallel to and 600 feet northeasterly of the cen- { terline of proposed Loop No. 288 for the southeast corner of this; I THENCE north 57011'25" 803.0 feet with said northeast city limit line to an internal corner of said city limit line which is 500 feet southeasterly of at right angles to the centerline of Sherman Drive or F.M. Highway No. 7+28 (this line running parallel to and 'J1 600 feet at right angle from the centerline of the proposed Highway Loop No. 288); to the southwest corner of this; THENCE north 29°37'08" east 475.0 feet running parallel to and 500 feet at right angle from the centerline of F.M. Highway No. 428, to the north lice of the remainder of the 152.542 acres mentioned above and the south line of the Pruett 11.0 acres mentioned above for the northwest corner of this; THENCE south 88°50'32" east 482.0 feet to the place of beginning. SECTION II. x' The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of . the City of Denton, Texas, which map is hereby amended accordingly. ' SECTION III. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of 1984. PASSED AND APPROVED by the C=.ty Council on the ~ay of M 1984. C ~yytC ' Xry4 CIT OF NTON, TE)US ~G7 WWW L1 ATTEST: r. ~ a EL~E'I AIRY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM:` C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ' BY: jj V, 1~j 7-1 A-4/PAGE TWO ' ~o c T'.:51'.w~l _ :t.x . , G'.sr►, .t.c.~ r t r.. rt -G.'> 1:..t'G.'+- _ f. , au . ,r..•..r... r v.. ~1dlRr! ea PLAN OF'SERVIC£ FOR ANNEXED AREA, CITY OF DENTON, TEXAS t WHEREAS, Article 970a as amended requires th2t a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing n area; and WHEREAS, the City of Denton.is contemplating annexation cf 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: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed ' annexation area the following plan of service: 1. P9sic 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 efective date of annexation; a (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be =nstalled as the need therefore is established by appropriate study and traffic stancards.. B. Fire (1) Fire protection by the present personnel and equip- went of the fire fighting force, will be provided on the effective date of annexation. C. Water f4 k (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 article 13.06 of appendix A of the code of the City of Denton, Texas. D. Sewer I 7 (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of DenLun,- Texas. E. Refuse Collection (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. \r ip • ~ i rY i `r t { Service Plan ' Annexed Areas Page two i F. Streets (1) Emergency ma~.ntenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) j will begin on the effective date of annexation. t. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on j the effective date of annexation. i E (3) Reconstruction and resurfacing of streets, installa- tion 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. Inspection Services t (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 (1) The Planning and Zoning jurisdiction of the city 1 will extend to the annexed area on the effective date of annexation. City planniLZ will thereafter encompass the annexed area. k h I. Street Lighting k ,3.. (1) Street lighting will be installed it the substan- tially developed areas in accordance with the established policies of the city. 'r 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 n6w 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 city recommends the use of City of Denton for electric power. K 10 "1 !!X P Ilk 1, , ! • t Service Plan,- Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed i' within approximately 6 months after the effective date of annexation. .4 II. Capital Improvement Program (CIP) s The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude ti of problems compared to other areas, established technical standards and professional studies, 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 area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from 3 the date of annexation. In this new-CIP planning year they' annexation area will be judged accordingly to the same established criteria as all other areas of the city. ti f. .1 C .7 ti a .4 f { ej~ r J /)a;/ s e NO. AN ORDINANCE AMENDING CEAPTER 13 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE USE OF LOTS WITH LESS THAN THE MINIMUM AREA, WIDTH OR DEPTH REQUIREMENTS WHEN SUCH LOTS ARE APPROVED THROUGH THE SUBDIVISION PROCESS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That Article 13 of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas is hereby amended, in part, to here- after read as follows: "Article 13. Area Regulations Except as hereinafter provided, no building ;r structure ' or part thereof shall be erected, altered or converted for any use permitted in the district in which it is E located, unless such building or structure and the lot or tract on which it is, or is to be located is in conformity with all the minimum regulations herein specified for lot area, lot width, dwelling unit area, lot coverage and front, side and rear yards, and dwelling area; provided, however, that any lot which is part of a platted subdivision approved by the Planning ' and Zoning Commission may be used for any use permitted in the district in which it is located, not withstanding ' that such lot does not meet the minimum lot area, width or depth specified herein." SECTION II. That the repeal of any ordinance or an portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceed- ings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or pert thereof so repealed had remained in force. SFCTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1984. ;f ,r h3 *CIYIOF NTON, TEXAS ATTEST: UMAKLMIX $ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORK: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: n _ C/I f r , ` ^ 41 C'Y 1 i tJO. ~L AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENZON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DECO CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE j CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE.# WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee Herein, deems it advisable to abar.:on and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Dave Krause ' Pontiac-Toyota, Inc., as hereinafter provided; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Dave Krause y Pontiac-Toyota, Inc., for the consideration hereinafter more fully set forth; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: yw r~ SECTION I. { That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closod insofar as the right, title and easement of the public are concerned: To that certain tract or parcel of land situated in the Robert Beaumont Survey, Abstract No. 31, City and County of Denton, 7 Texas; the said tract being a part of the tract described in the ' deed from George W. Hinkle et ux to J. Newton Rayzor recorded in f Volume 399, Page 551 of the Deed Records of Denton County, Texas, the said tract being more particularly described as follcws: Commencing at an iron rod found at the southeast corner of Lot 1, block VIII of North University Place Addition as shown by the plat thereof recorded in Volume 3, Page 13 of the Plat Records of Denton County, Texas; 'l i.! i THENCE south 01043100' west with the west line of Cornell Street; a distance of 135.58 feet to the point of beginning; Vin} A .r THENCE south 01043100" west with the west line of Cornell Street a distance of 16.UO feet to a point for corner at an iron rod at the northeast corner of the tract described in the deed to Dave Krause Pontiac, Inc. recorded in Volume 807, Page 162 of the Deed Records of Denton County, Texas; THENCE north 88019116' west along the north line of said Dave Krause Pontiac, Inc. tract a distance of 250.41 feet to an iron rod set for corner at the northeast corner of a tract described in deed to Southwest Employee's Incentive Plan recorded in Volume 488, Page 518 of the Deed Records of Denton County, Texas; 5 THENCE north 01040'44" east a distance of 16.00 feet to a point A; for corner; F* THENCE south 88°19'16' east a distance of 250.42 feet to 'he f' point of beginning and enclosing in all 4,006.64 square feet or ski 0.092 acres. F4 ?te t I , • xi V$ t!z t SECTION II. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement described therein to Dave Krause Pontiac-Toyota, Inc. k` j SECTION III. Tnat portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. r, 1 SECTION IV. i This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. 1 PASSED AND APPROVFA by the City Council of the City of Denton, Texas, this the a7~L day of , 1954. r C D 0. STE WJV' T, MA 4i CIT OF NTON, TEXAS ; ATTEST: l` CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: O • trti~ N3.. t~ ti ~C Y3 F v) x h I" f Y 1•~ CrtO/-QUTT CLAIM DEED WARD?/ st+tl*am G0.. naaY THE STATE OF TEW, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON M That The City of Denton, Texas, a Municipal Corporation i' Y of the County of Denton and State of Texas , for and in con s id eratf on of the sum of ------TEN AND NO/100 (S10.00)--------------- DOLLARS, and other good and valuable consideration to it in hand paid by Dave Krause Pontiac-Toyota, Inc. ..r of the County of Denton and State of Texas , the receipt of which is l.ereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLADI unto the said Dave Krause Pontiac-Toyota, Inc. its successors and assigns, all its right title and interest in and to that co- ain tract or par• t r,h r: cel of land lying in the County of Dentca and State of Texas, described as foilows, r + to-wit: To that certain tract or parcel of land situated in the Robert Beaumont Survey, AAstract No. 31, City and County of Denton, Texas; the said tract being a part of the tract described in the deed from George W. ,j Hinkle et ux to J. Newton Rayzor recorded in Volume 399, Page 551 of the Deed Records of Denton County, Texas, the said tract being more 'f j particularly described as follows: Commencing at an iron rod found at the southeast corner of Lot 11 Block i VIII of North University Place Addition as shown by the plat thereof = recorded in Volume 3, Page 13 of the Plat Records of Denton County, Texas; ' 9 9 THENCE south 01043100" west with the west line of Cornell Street a distance of 135.58 feet to the point of beginning; i THENCE, south 01043100' west with the west-line of Cornell street a distance of 16.00 feet to a point for corner at an iron rod at the northeast corner ~y of the tract described in the deed to Dave Krause Pontiac, Inc, recorded in Volume 807, Page 162 of the Deed Records of Denton County, Texas; THENCE north 88°19'16" west along the north line of said Dave Krause j Pontiac, Inc. tract a distance of 250.41 feet to an iron rod set for corner at the northeast corner of a tract described in deed to Southwest d; Employee's Incentive Plan recorded in Volume 488, Page 518 of the Deed t Records of Denton County, Texas; THENCE north 01040144' east a distance of 16.00 feet to a point for corner; ; THENCE south W19'160 east a distance of 250.42 feet to the point of beginning and enclosing in all 4,006.64 square feet or 0.092 acres. 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 Dave Krause Pontiac- ' Toyota, Inc., is successors W,r x i Mmand assigns, forever, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors nor koiMnmxw person or persons claiming under i t shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, ur any part there- of. WITNESS our hand at Denton, Texas this *f, t 4, `fr. day of A. D. 19 84 Witnesses at e~yest of grantor: CITY OF ENTON TEXAS, If ATTEST: IC ARD 0. STE ART, bill CHARLOTTE ALLEN, CITY SECRETARY y l" '.i 1 S1%(;LE ACKINO 'LFDGMENT THE STATE OF MAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared. known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that 5 he exe- -d the sane for the purposes and consideration therein expressed. ' GIVEN U' DER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 . t Notary Public,. County, Texas My Commission Expires June 1, 19 SINGLE ACI:NONLEDGMENT THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, cn this day personally appeared known to me to b the person whose name subscribed to the foregoing instrument, and acknowledged to me that s,? SEAL OF consideraton This stein expressed. day of A.D. 19... +;~o heGIVEexecuted the rant for the N UNDER MY HAND AND purposes Notary Public, County, Texas My Commission Expires June 1, 19 t,^17 CORPORATION ACKNOWLEDGMENT ~ TILE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority, ~ COUNTY OF. DENTON _ f in and for said County, Texas. on this day personally appeared __Richard 0. Stewart,. jlt( _Or-Of the Cit}'--Of,-Denton.,.--.TexaS.,__ to me to be the person and officer whose name is subscribed to the foregoing irstrument and acknowledged to me that the same was the act of the said City.-C.ouxica. --of_.the._C~.ty-.a.f..._Dentor....-_ Jas- - - a corporation, and that he executed the same as the act o` such corporation for the purposes and consideration therein expressed, and 'z the capacity therein stated. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.._-.__-__day A.D. 19-84 (LS.) - j Notary Public DENTON County, Texas My Commission Expires June 1, 19- CLERK'S CERTIFICATE THE STATE OF TEXAS, I, County COUNTI' OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of _ A. D. 19 with its Certificate of Authentication, was filed for j record in my office on the day of , A. D. 19 , at o'clock M., and duly E recorded this day of A. D. 19 , at o'clock M., in the R Records of said County, in Volume on pages t. 'WITNESS MY HA\D AND SEAL OF THE COUNTY COURT of said Courty, at office in - ` the day and ycar last nbo% a written. County Clerk County, Texas, C"1 B Deputy. .S' X11 I3 1i N ZZO j 0 C 0i q v G O 0z C-4 >.i to W ~ o a = a z E. E~ w r c4 w 0 °p p j u I I A p E" 0.z z. L W ,d W W ° _ W' X a , = C) z a W J qJ sa t <s U c Y - lr CONCURRENT RESOLUTION WHEREAS, a final plat known as the Pecan Acres Addition to the City of Argyle, Texas has been approved by the Planning and zoning commission of the City of Argyle, Texas; and WHEREAS, the northern ten (10) feet of the proposed addition ¢Y. k' abutting Hickory Hill Road is inside the corporate limits of '-he v, City of Denton with the remainder of the addition being situated i within the corporate limits of the City of Argyle; and WHEREAS, after careful consideration, the Planning and t3' zoning Commission and the City Council of the City of Denton;. desire to relinquish all platting jurisdiction and zoning ~4' control over that portion of the Pecan Acres Addition situated; .,i within the corporate limits of the City of De:,ton; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING is COMMISSION AND THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. h2µ That platting jurisdiction and zoning control over the q following described portion of the Pecan Acres Addition to the ,.j City of Argyle is hereby relinquished to the City of Argyle: , A ten (101) foot strip of land situated inside the corporate limits of the City of Denton, Texas, immediately to the south of - Hickory Hill Road which is more particularly described as k 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 being part of the F. Ramsey Survey, Abstract No. 1102 and the J. Smith Survey, Abstract No. 1180 and more particularly described as follows: COMMENCING at the northeast corner of the N. George Survey, Abstract No. 477, said point lying in the south boundary line of the F. Ramsey Survey, Abstract No. 1102 ari the east boundary line of the proposed Pecan Acres Addition to the City of Argyle, Texas; THENCE north 4050' east along the east boundary of the said Pecan Acres Addition a distance of 1118 feet to the POINT OF BEGINNING said point lying on the corporate limits line of the City of Denton, Texas, and 10 feet south of the south right of, way line of Hickory Hill Road; THENCE south 88050' west 10 feet south of the south right of way line of Hickory Hill P.oad and along the Denton city lim_.s line CONCURRENT RESOLUTION/PAGE 1 doom. y r I a distance of 1518.7 feet to a point for a corner in the west boundary line of the said Pecan Acres Addition; THENCE north 1°04` east along the west boundary line of said t Pecan Acres, a distance of 10 feet to a point for a corner, said point being the south right of way line of Hickory Hill Road and located 10 feet inside the corporate limits line of the city of Denton, Texas; THENCE north 88050' east along the north boundary line of the j Pecan Acres Addition, same being the south right of way line of Hickory Hill Roal and within the corporate limits of the City of ! Denton, Texas a distance of 1518.7 feet to a point for a corner; THENCE south 4050' west a distance of 10 feet to the place of beginning. SECTION II. Y 1 That a copy of this Resolution be attached to the final plat of the Pecan Acres Addition to the City of Argyle and be s recorded therewith. The above and foregoing Concurrent Resolution was duly PASSED and APPROVED at a meeting of the Planning and Zoning , ~ 5F1 c4z R , 1984. 5 Commission for the City of Denton on 00 ROBERT LAFORTE, CHAIRMAN PLANNING 6 ZONING COMMISSION CITY OF DENTON, TEXAS The above and foregoing Concurrent Resolution was duly i PASSED and APPROVED at a meeting of the City Council of the City of Denton on , 1984. - IC ARD O. STEWAR , MAYO CITY OF D TON, TEXAS ATTEST: r i; CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: e JOE D. MORRIS, ACTING CITY ATTORNE.' r' CITY OF DENTON, TEXAS BY: CONCURRENT RESOLUTION/PAGE 2 V ~ ~ ' ff .l! * d. L . R E S O L U T I O N ,j WHEREAS, Kay Watkins has requested that Windsor Drive from old orchard Trail to Dunes Street and Old Orchard Trail from Windsor Drive to Broken Arrow Street, public streets within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 6:00 p.m. to 10:00 p.m. on August 24, 1984, for the purpose of havirg a neighborhood block party; and WHEREAS, Kay Watkins has assured the City Council that all resijents in such block have agreed to the temporary closing of that portion of Windsor Drive and old orchard Trail; and WHEREAS, Kay Watkins has further assured the City Council' that no alcoholic beverages will be served at the above-mentioned block party; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D£NTON TEXAS: 4 SECTION I. r That Windsor Drive and Old Orchard Trail, public streets in the corporate limits of the City of Denton, Texas, be temporarily ` closed to vehicular traffic from the hours of 6:00 p.m. to 10:00 p.m. on August 240 1984, for the purpose of having a neighorhood block party. SECTION II. That the city manager shall direct the appropriate City Depart:.ient to erect barricades at both ends of Windsor Drive from old orchard Trail to Dunes Street and Old Orchard Trail from Windsor to Broken Arrow Street at 6:00 p.m. on August 24, ,a 1984, and to have the same removed at 10:00 p.m. on said date. h; PASSED AND APPROVED this day of August, 1984. rI I HARD O STEW T, MAY CI OF ENTON, TEXAS F ATTEST: . CHAR TT ALLEN, C TTY SEC"oETARY CITY OF DENTON, TEXAS a APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS w BY: 'c f tJ ' r~) f}Std ` a w R E S O L U T I O N WHEREAS, the Direcrl~r of the Personnel/Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules r,nd regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employlr~ent with the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The following policies, attached hereto and made a part hereof, are hereby adopted as official policies of the City of Denton, Texas: Medical Examinations (Reference No. 102.10) In-House Advancement (Reference No. 104.04) Overtime (Reference No. 106.04) Compensatory ".me (Reference No. ")6.05) Holidays (Reference No. .07.02 Vacation Bonus Time (Reference No. 107.03) Absenteeism/Tardiness (Reference No. 110.01) Jury Duty (Reference No. 111.02) '1p Death in the Family (Reference No. 111.06) i SECTION II. 'G The foregoing policies are attached hereto and made a part i~ hereof and shall be filed in the official records with the City Secretary. d SECTION III. j S4~ The Employee Rules and Regulations of 1976 ,adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent they conflict with the foregoing policies and any administra- tive procedures and directives issued under the authority of the city manager implementing the policies hereby adopted. y~ SECTION IV. This Resolution shall be effective from and after its date of s passage and approval. r PASSED AND APPROVED this the day of , 1984. 3 d D O. TEWAR ,r MAYOR JF DE TON, TEXAS x A ATTEST:G J i CHARLOTTE ALLEti, CITY SECRETARY CITY OF DENTON, TEXAS fi r~ APPROVED AS TO LEGAL FORM:" JOE D. MORRIS, ACTING CITY ATTORNEY CItY OF DENTON, TEXAS' Yl P ~ BY: A .,.T ''~i' ..<i'.}."iq.•~'y,`. y y.,r*± ~~r . r , J L ttK".. ~ R r~ 2 r ♦ 1 3 z V\ h, k~ t1 i i .'r~fjA 1 A•~`1n77ti; CITY. OF -DEN TON PAGE F-2- POLICY /ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION. NUMBER: PERSONNEL/EMPLOYEE RELATIONS 102,10 EFFECTIVE DATE' SU6IECT: EMPLOYEE APPOINTMENT TiTLE-. REPLACES MEDICAL EXAMINATIONS 2,2 POLICY STATEMENT: It is the policy of the City of Denton to require certain employees as determined by the job specification to be examined by a physician under certain circumstances described below. No one who is given a medical examination shall be employed unless the examining physician certifies that the person meets the minimum standards of physical fitness requirej for the position. Medical examinations may be used to ensure that employees remain in good physical condition in order to perform the demands of the fob. A; a condition of employment, and based upon job requirements, all prospective or transferrinS, employees may be required to pass a physical examination administered by a physician designated by the City of Denton. Employees may be required to have a physical examination on other occasions, such as promotion, or whenever the employee's supervisor determines Lhat a potential health problem may prevent an employee from performing his/her job duties. 1. Conditions of Employment A. Physical examinations required by the City of Denton for promoted, transferred, or current employees shall be paid for by the City of Denton. Time spent by an employee in wai.+ng for and receiving a physical examination shall be considered ho,•rs worked for pay purposes. B. Supervisors are responsible for notifying the Personnel/Employee Relations Department of any positions which place physical or environmental demands on the employee. Such positions will be t-s reviewed by the Personnel/Employee Relations Department in order to evaluate and determine the type and extent of medical examinations required prior to Job performance. II. Payment of Medical Examinations A. Medical examinations paid for by the City of Denton are the property of the City of Denton and shall be confidential. A copy of the x: medical examination report shall be available to th• employee upon written request. i 1 7X, 14 1 , w ' ,S1+q nr a, . `1t14 i.= LI. ~~_^L$rt,~4'~ 3 PAGE_.2_OF_2 POLICY/ADMINISTRATIVE PROCEDURY./ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE TITLE' UMBER: MEOICAL EXAMINATIONS 71; 02,10 B. When the City of Denton requires a physical examination or physician's report concerning an illness or injury suffered by an employee, the examination shall be at the expense of the City of Denton and performed by a physician selected by the City of Denton. C. Such examinations may be authorized by the Director of Personnel ; only. Employees who are not satisfied with the physician's determination may submit a report from a physician of their own choosing and at their own expense. In the event of conflicting opinions, the City of Denton may employ a third physician 0 examine the employee. The City of Denton will pay for this third physical examination. D. The reports of the ph•vsicians involved, along with the de;-;ands of the fob and the employee's ability to perform the job duties, will be the basis for a decision. III. Civil Service In the case of rejection of a Civil Service applicant for appointment, or for promotion, Civil Service proceedings shall apply if the applicant wishes to challenge the rejection. Vernon's Civil Statutes, Article 1269p, is available for review at the City of Denton Public Library and the departments of Fire, Police, and Personnel/Employee Relations. ,x f, a l 02489 j r a { ~ ~ r 1 ti" ~oe ~T+q r ..4;,*l: } 11'~^i N~.~~. 4i1~r.N• .a+1 f"k}{.~ ~1ri'S.'v rl ~fY a rr ti CITY- OF •DENTON PAGE~OF~ POLICY /ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION. NUMBER: i PERSONNEL/EMPLOYEE RELATIONS 104.04 EFFECTIVE DATE. SL'SJECT: EMPLOYEE DEVELOPMENT REPLACES TITLE 1976 Rules and IN-HOUSE ADVANCEMENT Regulations f POLICY STATEMENT: The City of Denton's in-house advancement policy is to make every effort to fill job vacancies by in-house advancement of qualified employees to positions within the City. The authority to submit an empl,)yee requisition to fill a vacancy is delegated to supervisory staff by department directors. Requesting supervisors will specify, in the requisition, when a vacancy is an in-house advancement, opportunity for employees within the City. For any posted vacancy, all employees shall have an equal opportunity to apply as long as they meet the minimum qualifications. An in-house advancement is defined as a move to a classification having a greater base rate of pay than the classification the employee is leaving. In most cases, the employee being considered will start at the base step of the new classification, or receive a five (5%) percent increase in salary, whichever is higher. Requests for exceptions to this practice must be submitted by the :iepartment director to the Personnel Director for approval. The decision for an in-house advancement will be based on the quality of each applicant's prior performance on the job as per the class specifications and job description. Other areas to be considered are attendance records, education, records of progression, completion of training or developmental assignments; awards, letters of commendation, and details of leadership experiences where aporopriate. r~`r t. r 4 t` r f 3 025lg r i s it r i C~ ti v . rl ~ (irk y ~ tq7'~. ~<'lrf fit, 1 4. '•R9 f r,;, . 1 r ~ 'i a ~ v r'~ ` f a ~ f~1~.^ ' j✓~w t fi$:~~1,~~1.~o}~f~W ' re '.e W CITY.OF-DENTON a PAGE 1 OF 1 POLICY/ADMINISTEATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION: NUMBER: PERSONNEL/EMPLOYEE RELATIONS 106.04 EFFECTIVE PATE. SUBJECT. WAGE AND SALARY PLAN REPLACES: TITLE OVERTIME 3.7 POLICY STATEMENT: i The City of Denton requires employees to work overtime when necessary and as requested by the supervisor. Overtime is defined as authorized time worked by employees which exceeds their officially scheduled time and/or approved paid leave during an eighty (80) hour pay period. Overtime on any job shall be allocated as evenly as possible among all employees qualified to do the fob. The Personnel Director is responsible for maintaining the exempt/non-exempt status of all City positions.' t Supervisors shall make every effort to schedule overtime as far in advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary. ExemPt Nou-.-x mPt Status A. Non-exempt employees are classified under the following job families: service/maintenance, office/clerical, and technical/para-professional. B. Exempt employees are classified under the following job families: management/supervision, professional, and executive. ' C. Employees in job family M/1-3 will convert to non-exempt status for emergency overtime situations only. 'Afi Overtime Pay 1k~ A. Non-exempt employees will be paid at the rate of one and one-half times their regular rate of pay for authorized overtime. Overtime will be paid for all additional time worked to the nearest quarter hour. 8. Regular part-time employees will not rece woe overtime pay until the number of hours actually worked exceeds an eighty (80) hour pay period. C. Seasonal and temporary employees are not eligible for overtime pay. ' 0258g ~t siy ~ r r r'r •.I iC P ~r-5.1~ 1. G a LY I a y! Y{, _ 4 ~ '.Y '!,J f w lR sej {t,Y~ ,~1Fyl f ,1 r.'(f, '~y! 1 rtr ~~i Ai 'yyYYYr ' ~~V L ill7~,yi rC L .~ti Uli; N>~' CITY•OF-DENTON PAGE 1 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION: NUMBER: PERSONNEL/EMPLOYEE RELATIONS 106.05 EFFECTIVE 'DATE. SUBJECT. WACE AND SALARY PLAN REPLACES: TITLE COMPENSATORY TIME 3,7 i r POLICY STATEMENT: t The City of Denton provides compensatory time at the discretion of the supervisor in lieu of paid overtime. Compensatory time is defined as time off { taken as compensation for approved hours worked beyond an eighty (80) hour pay period. The overtime policy 106.04 requires all employees to work overtime when necessary and as directed by the supervisor. At the discretion of the supervisor, compensatory time off at the rate of one and one-half times the hours worked may be granted in lieu of paid overtime. A maximum of eighty (80) hours compensatory time may be accrued. All time accrued beyond that limit will be converted to overtime pay at the current pay rate. G i x1 s 026lg r Y 1d ~fn ~i 1 . xc r y i~ ~ ' 2 li. 7, ' 1, r ~ i'~, ! . t f{I u 1 y"7 P P k, ! • ' /IVl % ~ .f,71~~' f ~ '~G ' l ` " F; u b k]I LYy 4 :rfJr ie,y X.'N4l I~±.i-,rd {'S:i4~~~ y stitr a i J ' 1. r J y~~Y ,v a~~e{Y/"^~ ~a j~, ty T a S ' YC A. . R YiY;4\ tK fF, Pl 1 K •Y~ thlxYL ~•Y r: CITY-OF•DENTCN PAGE LOF 1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SEMOrr NUMBER: PERSONNEL EMPLOYEE RELATIONS 107.02 EFFECTIVE OATE. SUBJECT. EMPLOYEE BENEFITS AND SERVICES REPLACES TITLE HOLIDAYS 4.3 i' a 1 V POLICY STATEMENT The following holidays are declared official holidays for regular full time and regular part time employees: r New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Friday After Thanksgiving Christmas Eve Christmas Day A holiday shall be defined as a period of eight (8) hours at straight rates. Holidays occurring on Saturday will be observed on the preceeding Friday and holidays occurring on Sunday will be observed on the following Monday. a All regular employees are eligible after completion of one day of work. Regular part-time (includes one-half and three-quarter time) employees who work twenty (20) hours per week or more shall be entitled to holiday pay at a rate equivalent to the budgeted pay classification of either one-half (112) or three-quarter (3/4) time. Seasonal and temporary employees will be paid their regular rates on a holiday only if required to work. r :i r r 0274a y yr' } ' ~ a l 77 ~ . I M ,jL 11 rw~' f,M " riF .1 F CITY•OF-OENTON PAGE _ 1OF 2 Du POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION' 40 NUMBER: ' PERSONNEL/EMPLOYEE RELATIONS 107.03 EFFECTIVE GATE, suaJECT WAGE AND SALARY PLAN j REPLACES. { TITLE VACATION BONUS TIME 4.4 POLICY STATEMENT: It is the policy of the City of Denton to provide vacation pay and hours F 3 all regular employees who have completed six full months of employment. Vacation hours for eligible employees are accrued on a monthly basis. Pay in lieu of taking vacation is not permitted except upon termination. The City of Denton also awards bonus time to employees who have given five years of full-time service to the City. The amount of bonus time is not related to an employee's shift or hours per week. Bonus time is given in addition to regular vacation. Upon completion of five years of continuous service, each regular employee shall accrue four hours of bonus time for each + year of continuous service beginning on the anniversary date of completion of ' the fifth year of service and continuing until regular full-time service with the City has ended. Pay in lieu of taking bonus time is not permitted except upon termination. An employee is not eligible to receive or use vacation hours until he or she has completed six full months of regular employment. Vacation hours may not be used in advance of the hours being accrued. Vacation for non-Civil Service employees is accrued at the rate of eight hours for each month of continuous service, ' Accrual rates for Civil Service employees are covered in Article 1264, V.A.T.S. Maximum Carry-Over The maximum allowed carry-over of vacation and bonus time is three hundred and twenty (320) hours per calendar year (January through December) for all s non-Civil Service employees and Police Civil Service employees. Fire Civil y' Service employees shall be allowed 480 hours per calendar year. An employee R may accrue as many hours of vacation as possible throughout the year, however, 4 it is the employee's responsibility to ensure that the maximum allowable hours do not extend beyond a calendar year. I Regular Part-Time Employees (Includes 112 and 3/4 time workers) 1! Employees who work 20 hours per week or more shall be entitled to vacation at a rate equivalent to the budgeted pay classification of either 1/2 or 3/4 time. These employees will not accrue bonus time. 6,+i ~ / y a,e °t ~~:1 'Y f. A 3 k ~i - y ~ J' : i~'r. „fie. * 1 « ' ' Tyr , r +r ~ r - v^'• ` 1 ~ F . +c ' 1 f.,a1. t Y# t T I 1 j 4i ) ~a •Y~rr n. ~ ~ ~ + yi. Fs- • PAGE? OF 2- POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Costlatiod) a: REFEAENCE TITLE: NUMBEA: VACATION/BONUS TIME 107.03 a` i Employees holding more than one part-time position may not accrue more vacation hours per month than a full-time employee. (See Part-Time Policy #106.08). l Seasonal and Temporary Employees Temporary and seasonal employees shall not earn or accrue vacation/bonus time or be entitled to vacation/bonus time pay upon separation. _ U 1 i rir' C a 4 i ti 02639 w r i 9 yy ),f ^ y} }y Z % 71^ f F Y r~ t^u r . i l~ 4 M1f ' h ' y +•d + ! C 1 r F r {.l 14 A.~ ^..A'1 + r°r r..'I .i "+1~ f Rys Id ti t{R <l ;rti , W~'ry r~ IR. 4NV, lip I.V b lull y Nt .'lif yy ! Y S•~ L r 1-(~} rIJ II C1T I -oF-DENTION PAGE 1 OF._- ; a POLICY/ADMINI^TRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE SECTION NUMBER: x T PFRSONNFI /FMPI OYFF RFI ATIOW1 110.01 EFFECTIVE OATE. SUBJECT. ATTENDANCE i REPLACES TITLE ABSENTEEISM/TARDINESS 4.10 a POLICY STATEMENT: Employees shall be required to be at their places of wcrk in accordance with these policies and procedures. All departments shall maintain attendance records of employees. Absenteeism and tardiness on the part of employees increases the work load of fellow employees, interferes with productivity, and reduces the quality of service. The absence from work of any employee usually involves the rearrangement of work schedules and the temporary reassignment of other employees. To r accomplish these tasks, sufficient advance notice of absence is necessary. Unauthorized absence, failure to return a't the expiration of a leave of absence, or being absent without leave for a period of at least one working ~i day or shift of duty shall be deemed an automatic resignation. Such a resignation may be rescinded by the department director if the employee presents satisfactory reasons for failure to report the absence within three working days of the effective date of the automatic resignation. I ~Y tta,r, t Yn A' Y r 1 Y~ ,C 02739 t Y • t , r , rn . 2 X.d I V. of i 1 1~+ I ~ . f. ~ ~ ! y/f,{~,. 4 L:..41 yy <r/ t•4r . •i \5 Sf, y + Ir t % f„A~.= • I X Ci1~n 1a,•'V4K T1 tp rii!' i~. 7 tiF!• ' };i 'vt t , e ~'~+•`SiC ~i. ~6~'A. .l 4: r hY'Ti,^'4'k f`L i A' Y., P !ti ,j.: fn'.t'k.f,:. `P:f~ ~h ;~~n~~ j i 1 f ~•F7.{ ` y elf 1 + ; "".t CIT PAGE Y OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION: y PERSONNEL/EMPLOYEE RELATIONS 111.02 EFFECTIVE OATE, 1 SUBJECT: APPROVED LEAVE { REPLACES. TITLE. 4.11 JURY DUTY POLICY STATEMENT: Leave with pay will be granted to all regular City employees when called to appear for jury duty, as a witness or other official participant in court, except where an employee is the plaintiff or defendant of a proceeding which arises out of an off-duty activity not related to City employment. Employees are not required to reimburse the City for any payments made to them by other k governmental agencies for jury or subpoenaed witness duty. ,e{ 7 1 i RA 02529 V4: e e i 'V, r Y _'l },I "y } y f~f`+, `{'ls~C'~"•11ii~x CITY^OF•DENTON PAGE 1 OF 1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE j SECTION NUMBER: . PERSONNEL EMPLOYEE RELATIONS 111.06 EFFECTIVE OATE. i SUBJECT. APPROVED LEAVE REPLACES: TITLE DEATH IN THE FAMILY LEAVE 4.6 i 1 POLICY STATEMENT: + It is the policy of the City of Denton to grant a maximum of three days leave to employees in cases of death of family members. Uses of this leave may include making funeral arrangements and attending funeral services including trivel time. The following family members are considered family members: } Immediate Family Other Family EFL, 1'- Husband Father-in-law Uncle Wife Mother-in-law Aunt' Son Bruther-in-law Nephew Daughter Sister-in-law Niece Mother Son-in-law Grandfather-in-law' Father Daughter-in-law Grandmother-in-law Brothers Grandparents Sisters Grand Children j Step and Foster Children 1' W Y, { $ 0256g r , t,4~ w , ty' Yk YV , r ' d[ r FINANCIAL ADVISORY AGREEMENT August 21, 1984 Honorable Mayor and City Council City of Denton Denton, Texas Mayor and Members of the City Council: 1. We understand that you propose to authorize and issue certain General Obligation Debt and Utility System Zevenua Bonds and that in connection with the issuance, sale and delivery of sa?d Bonds, as well as additional bonds and other evidences of indebtedness that may be authorized and issued from time to time during the tern of this Agreement, we are pleased to submit this proposal to assist you in the issuance of such obligations and to advise on alternative financing methods as appropriate. 2. By this proposal we offer our professional services and our facilities as Financial Advisor and agree to direct and coordinate the entire program of financing when contemplated, and to assume and pay the expenses hereinafter enumerated, It is understood and agreed, however, that this obligation on our part shall not cover the cost of any litigation. 3. We agree to perform the fo'lowing duties normally performed by such advisors, and to perform such other duties as, in our judgment, may be n^cessary or advisable: a. In conjunction crograms involving the issuance of general obligation bonds and other evide^,c. of indebtedness, we will conduct a survey of the financial resources of the City to determine the extent of its borrowing capacity. These surveys will include an, analysis of the existing debt structure as compared with existing and projected sources of income which may be pledged to secure payment of debt service and, where appropriate, will include a study of the trend of the assessed valuation of the City, the City's taxing power and the present and estimated future taxing requirements. In conjunction with programs involving the issuance of Revenue Bonds and revenues of a system or facility are to be pledged to repayment of the securities, we will conduct a survey which will take into account any outstanding obligations which are payable from the net revenues of the system or facility, additional net revenues to arise from any proposed rate increase, and the additional net revenues as projected by your consulting engineers and/or staff as a result of the improve- ments to be financed by the bonds. We will also take into account your future financing needs and operations as projected by your staff and/or your consulting engineers and other exp^rts. b. On the basis of the information developed by the surveys described in the above and foregoing paragraphs, and on the basis of other information dnd experience available to us, we will submit our written recommendations on each financing under consideration. Our plan will include recommendations as to the date of issue, interest payment dates, schedule of principal maturities, options of prior payment, and any other necessary additional security provisions designed to make the issue attractive to investors. All recommendations will be based on our best professional judgment, with the goal of designing bonds N,hich can be sold under terms most advantageous to the City, and at the lowmt interest cost consistent with all other considerations. c. We will advise you of current bond ma, ket conditions, forthco,-r ing bond issues, and other general information and economic data which might no orally be expected to influence the interest rates or bidding conditions, so that the date for the sale of the bonds can be set at a time, which, in our opinion, will he favorable. d. We understand you have retained, or will retain, a firm of municipal bond attorneys ('Bond Counsel'), whose fee will be paid by you. We wilt assist in coordinating the assembly and transmittal to Bond Counsel of such data as riay be required for the preparation of the necessary petitions, orders, resolutions, notices and certificates in connection with any financing that is contemplated. P We will develop and prepare the Notice of Sale, the Official Statement, and such other market documents which may be required. We will also supervise preparation of the Uniform Bid Form, containing provisions recognized by the municipal securities industr/ as being consistent with the bonds offered for sale. We will submit to you draft copies of all such offering documents, including the Official Statement, fur your proper examination, approval and certification. After such examination, approval and certification, we will arrange for printing of the documents and furnish you with a supply thereof, and will mail a set of the same to a list of prospective biddt. rs, including banks, life, fire and casualty insurance companies, investment c- unselors and other prospective purchasers of the bonds. We will also supply su:ficient copies of the Official Statement to the purchaser of the bonds in accordance with the terms of the Notice of Sale. TF.e cost of preparing, printing and distributing these documents will be paid by you. We will advise on, and with your permission, will arrange for such reports and opinions of recognized independent consultants which we and you deem necessary, desirable or required in the successful marketing of the bonds. The fees and charges for such services will be paid by you. We will organize s tr.h information meetings as in our judgment may be necessary, and, with your permission, will arrange for these meetings at your expense. f. We will advise financial publications of the forthcoming sale of your bonds and furnish each with the pertinent information. g. We will make recommendations to the City on the matter of a credit rating or ratings fr,r the proposed issue and when directed by you will coordinatte the preparati and dissemination of such information as in our opinit ) is req],ired for submission to the principal bond rating agencies, Any fees incurred in obtaining a rating or ratings will be paid by you. in those cases where t,ie advisability of personal presentation of information to the rating agency or agencies may be indicated, a representative(s) of First Southwest Company experienced in such matters will be available to accompany those representing the City. The travel expense for such presentation will be paid by you, except for travel incurred by First Southwest Company. h. We will assist you at the sale in coordinating tt ~ceipt of bids, the furnishing of good faith checks where indicated, the tabulat„ and comparison of bids, advise you as to the highest and best bid received, and will provide our recomrnendatio.. as to acceptance or rejection of such bid. i. As soon as a bid for the bonds shaiI be accepted by you, we will proceed to coordinate the efforts of all concerned to the end that the bonds may be delivered and paid for as expeditiously as possible. We will assist you in the preparation or verification of final dosing figures, and when requested, will provide suggestions on a program of temporary investment of proceeds, in consultatiu, with the City's staff, architect or consulting engineer, consistent with the construction timetable for the project. j. We will act as your agent in arranging for the printing of the bonds, the cost of which will be paid by us. We will attend to the delivery of the bonds, it being understood that title to and cxnership of the printed bonds will reside with the City until they are delivered to the purchaser. k. We will maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale, issuance and delivery of the bonds. Bond Counsel will furnish an unqualified approving legal opinion on the bonds at the time of delivery, 1. After closing we will deliver to , u d register of annual debt service requirements on the obligations being deli ed to the purchaser. We will furnish to the paying agent or paying agents a copes )f the authorizing ordinance. m. We will attend any and all meetings of your governing body, or any representatives thereof, as desired by you, whenever we may be of assistance and the subject of financing is to be discussed, n. If so directed by the City, we will advise and assist you and your other consultants in the preparation and submission of any application for funding made to a State or Federal Agency. Further, if so requested, a representative of this firm shall accompany and assist you and your other consultants in any meetings or hearings before the appropriate Agency. The expenses in connection therewith shall be borne by you. o. When requested by the City, we will assist in the evaluation of proposals for, and the selection of, a Paying Agent/Registrar for the bonds. 4. In consideration for the services rendered by us, it is u.1derstood and agreed that our fee for each issue of General Obligation Bonds will be as follows: Base Fee- An Issue $ 51000 Plus $7.50 per $1,000 up to $ 5001000 Plus 5.00 per $1,000 next 500,000 Plus 3.00 per $1,000 next 1$00,000 Plus 2.50 per $11000 next 2,500,000 Plus 1.75 per $19000 next 510000000 Plu. 1.00 pp; $11000 next 1090000000 Plus 0.75 per $11000 next 10,0000000 Plus 0.5(' per $1,000 next 200000,000 Plus 0.40 per $11000 over 5,,000,000 Fees for revenue issues shall be the amount shown above, plus 2096. A multiple installment shall be computed as a single issue. In the case of an adtiance refunding or standard refunding of outstanding debt obligations, the fee schedule se' out herein shall not be applicable. Our fee for any refunding issue shall be negotiated with the City Council and agreed to on a mutually acceptable basis. Our fee and reimbursable expenses shall become due and payable simultaneously with the delivery of the bonds to the purchaser. 5. In the event any bond election is necessary, if such election shall fail, no fee will be due us; however, should the same or similar propositions again be submitted to election held within twelve months from the date hereof, then at our option the agreement covered by this proposal shall apply to any such bonds. 6. It is further understood and agreed that we will reserve the right to submit a bid for securities when offered by competitive sale. 7. This agreement shall remain in effect for a period of five years from the date hereof; provided, however, it may be terminated by you upon thirty (30) days' written notice to us. In the event of termination, it is understood and agreed that only the amount due us for services or expenses to date of termination would be due and payable, and that no penalty for cancellation of the contract would be allc wed. It is the intent of this provision that our services be satisfactory to you at all times. This proposal is submitted in duplicate originals. When accepted by you, it will constitute the entire agreement between t',e City and the undersigned for the purposes and considerations herein specified. Your acceptance will be indicated by the signatunt of your authorized officials or representatives on both copies, and the returning of one executed copy to us. Respectfully submitted, FIRST SOUTHWEST COMPANY By Frank J. a anich Authorize P,e resentative ACCEPTANCE Acce/ted by the City Council of Denton, Texas, convened in Regular session on the 21st day of August, 1984. KLiayor ity f Denton, Texas ATTEST: City Secretary (SEAL) COMMISSION STATE DEPARTMENT OF 111GII1YAYS ENGINEER 01RECTOR AND PUBLIC 1 RANSPORTATION MARK a eoooe ROBERT N. DEDMAN, CHAIRMAN A. SAM WALCROP P. 0. BOX 2023 JOHN R. BOILER, JR. Denton, Texas 76201 August 16, 1984 M REPLY REFER TO FILE NO. Control: 918-46-9 Project: BRO 18( )X Highway: Masch Branch Road Denton County Mr. Chris Hartung City Manager City of Denton 215 East McKinney Denton, TX 76201 Dear Mr. Hartung: :cached are the Bridge Replacement Agreements for the reconstrvetion of the structures on Masch Branch Road at the Dry Fork of dickory Creek (Main Channel) and (Relief Channel). Yours very truly, Dwight S. Bird Supv. Resident Engineer DSB:lkw Attachment: County ben Contro! Project ' Highway rnr-~ CONSTRUCTIOA AND HAINTENVi:E AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, mace this 27,5? day of c.414C , 19 da , by and between the State Department of Highrays and Pub M Transportation, Party of the First Part, hereinafter called the "Department% and cit` o. Denton a local government, or govern- mentaTagency or entity, Party o the Second Part, hereinafter called the "Governmental Agency" a::ting by and through its and by virtue of the au'.hority Shown on Exhibit A attached hereto ana mace a part hereof. WITHE5SEIH WHEREAS, the Governmental Agency is owner of a bride located on a public road or street within its jurisdiction at Masch Branch cad at Dry Rork of Hjcknrv Creel: ("fain C:iannel) ; and WHEREAS, unde, Title 23, United States Code as amended by the Surface Transportation Assistance Act of 1978 and subsequent Federal legislation, a program entitled 1983-84 Federal-Aid Bridge Replacement and Rehabl cation Program has been approve y the State Highway and Public Transportation Commission and said bridge is included in this program; and WHEREAS, it is incbmbent upon the Department to assure accomplishment of this work. AGREEMENT NOW, THEREFORE, in consideration of the premises and of mutual cove- nants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. 1ne Governmental Agency hereby authorizes the Department or its contracted consultant and Department's contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspection, construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to loca- tion and type of installation In accordance with requirements of the Department. -1- D-5 5.83 The Government Agency agrees to provide 20% of the actual construction cost of the bridge replacement or rehabilitetior prcject including preliminary engineering and construction encineerin;, or treat portion not reimbursable by the Federal Hionway Aaminfstration, and agrees to acquire, at its expense, any additional right of way, if required. Forty-five days prior to the date scheduled for the contract letting the Governmenta! Agency agrees to pay to the State of Texas, by check made payable to State Treasurer Account of Trust Fund No. 927, an escrow amount equdl to 20: of the estimated cost of the project including preliminary engineering. If, after receipt of bids, it is found that this amount is insufficient to pay the Governmental Agency's obligation, then the Governmental Agency, upon request of the Department, will forthwith supplement this amount in such amount as requested by the Department. After the project is comoleted, the actual core will be determined by the Department, based on its standard accounting procedures, and 20% of the actual cost, or that portion not reimbursable by the Federal Highway Aoministratior„ will be the amount due by the Governmental Ao ro cy. Any excess over this amount previously paid will be reimbursed the Governmental Agency, and any difference due the Department will be paid Dy the Governmental Agency within 30 days upon receipt of a certified statement. 4. If prior to receipt of the escrow payment, the Governmental Agency elects to terminate the project, the Governmental Agency shall reimburse the State for those eligible expenses incurred which are attributable to the project. 5. The Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others, It.is mutually agreed that as the pro- ject is developed to the construction stage, both parties shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 6. In the event the terms of this agreement are in conflict with the provisions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements end/cr contracts. 7. Upon completion of the project, the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public without charge. 8. The Governmental Agency agrees to indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attrii.uted to the project. .2. D-5 5.a3 IN'TESTIMONY wmEREOF, the parties hereto have Paused these presents to be executed in duplicate on the day above stated. PARTY OF THE SECOND PART PARTY Of THE FIRST PART Certified as being executed for the purpose and effect of activating City of Denton and/or carrying out the orders, W-aw o overnmenta Agency establiShed policies, or work programs heretofore approved and authorized by the State Highway and Public .~f sportation Commission: Sy: 8 y. 4A4 or -lCn er• rector May e o Executing Official Executed and proved for State Highway and Public Transportation Commission under authority of Commission Minute Order no. 78501, ATTEST. dated May 20, 1981 RECOWEN0E0 FOR APPROVAL: City Secretary District g veer ' Tr Me h e nq newer s, Highway es gn &g $r dq ng neer~2 -3- 0-5 5-83 r CE?TIFICr".TE OF CITE" SECP.E'^,~r'.1' THE STATE OF TEXAS COUNTY OF DENTot, :T C: TOiti 'he undersigned, City Secretary of the City of Denton, Texas he :y";, DC gE MBY CERTIFY that accoraing to the records c= which _ am custodian., that: the ` a==ached n true and accurate cop' of the ~:_.^_tes the _t Der,to:. Cit%- Council meetinc Of 7anuary 171 1984. I`er. c the Mn utes approves an acreemen` be`weer. the City of Denton a:.~ the .eras Dewartrient cf H;-chv.ars and Public Transportation. TO CERTIFY 'efHICH, witness my official signature and the seal of said City, this the 24th day of May 198 4 City Secretary City of Denton, Texas (City Seal) 0469C ,o, / of 2 aeet:n~ J: :anuary aKe n ~tL'n]. c uJ.:: .u c.. r ,.d VC Detn ❑tlc dccaI'caoce wncnLn], :ne A.: Ctyu.r 2. dr. a7p..Cat:On and a'p :JrOpridee Jr .rcncFun:., or. L XL]v+.~LL .n:. .;J~...:1.. VE :n-- ]L..:1J.• Ind: Cn0 Jenton. .exas, du:nor:ted :ne :landdlr .c SiS n an] Su7m:t :ne Je7artment of nous:ng dnd•~•rJan UeveLODmen: a drdnt dDplicdtlon anc a r :ooriate assurancxe for entitlement :arias once: tae nous:n~ anc .arsu i:v JevnlcDmen: A:t a: :y74, as amenae:. y ctat tnF tV ~JUnC of the Denton, exds, A.zncr:CC> :.le )!reCtor J. ."ldnn:n. d'.l: aeVE.O7mant .idil:lE sll ::sca. dn: adm:na:rdt:'7e satcers re.acec to :ne ar.::cat:on, the nousine Assistance P:al', anc the assurdnces. ~.~::Jn :.tat ...a n2sJlu::7. and l: tdKe a:zest atcer .cs passaic. :ndt the ;icy ]ecratarv is nereov autnorizec to :urnlsn copies at tnis Aesolwtion to di. interescea pdre:es. i'ASiLU A.:L Aer'AJ'vcU TnIi 17tn may o: Jdnudry, 170., A1JnAnU J. ]+Lw Anl, 7L13Jtl ~nrat.✓1-i't u.L:.V, ~11Y ]LI.Ac'IAAY nPPAJVAJ A] iV ucuAL FAA: c. J. rAYLUR, JR., JIIY' ALTUMEY CITY Jr DLiiTVJ, riAAS by. Stepnens motion, Cnew second tnat toe resolution De ?assed. Vn roll call vale dopKins 11 aye It Scepnens IIaye", Al:ord "aye Alddlesperger .1 aye", knew °dy aand hdyor Scewart ~aye~~. A,0 t100 carried F3 unanimously. Tne Co:nc11 considered approval do a construction and aidtenance e agreement for oridge replacement on eidscn srancn Road with toe Texas Uapdrtment oz nignwayS and ?uolic transportation. Assistant City nanader Sverlia reported coat the City nad peen notl:ied cr,at tunas would oe ava Llaole icr cne ridding oz orldge design. Tne ulty would pay Cur 1u: of the uridges co oe designed and ouilt oy cne ]tdte nignwdy Department. :+opKins motion, 'lew second to dpprcve toe agreement. ricc:on carried unanimously. 7. Tne Ucuncll neid d aiscussLon or the amity nealcn insurance pro$:dr. Katnryn usrey, personnel ..cministrater, reported Gnat cne City nad nad a sell-insured program for 5 years. Gates ndC teen raised only u :Imes curing t.lose o years. maces na: recently nad to oe raised cue to large increases :n the rwmoer anc d:nount of claims. TIcecings nad oeen ueic wltu lty _spioyees regirdin5 the rate increases anc tnz reaction 6tad Jeer. tndt cne pay ine tease cdc Deea caasused 7e cne Insurance rdLes. LX1-1 1131'1- A ,o. eo/, z #L> 1' l ' ° CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM lot D. -4 OMU, Assistant City Attorney 1 Robert 8. Hunter; Assistmu City Attorney DATE: September 28, 1984 TO: Charlotte Allen, City Secretary OCT 1 FROM: Jeanette Scott, Legal Secretary SUBJECT: Easement from Georga Schneider, et ux to City of Denton Attached is the original of the above reference easement for filing in the official records of the City. I have forwarded a copy of same to Roger Wilkinson. JT T ,j s v xc: Roger Wilkinson I VOL 147insE527 REAL PROPERTY RECORDS .71 EASEMENT. 45564 THE STATE OF TEXAS § KNOW ALL MEN BY'THESE PRESENTS COUNTY OF DENTON § That, We, George Schneider and wife, Ardetta Schneider of the County of Denton, Texas, for and in consideration of the sum of One Dollar ($1.00) cash to us in,hand paid by The City of Denton, Texas, the receipt of. which is hereby acknowledged, and other good and valuable consideration including the benefits' that will accrue to our property, do hereby give, grant and extend to the said City of Denton, Texas, its successors and assigns, the right to construct and reconstruct drainage facilities and perpetually maintain a drainage easement in, upon and across land described as follows: All that certain 20 foot strip or tract of land situated in the R. B. Longbottom Survey, Abstract 775, City and County of Denton, Texas; the said tract being a. part. of the tract described in the deed from Billy W. Claytor, et ux to George Schneider recorded in Volume 858, Pap 999 of the Deed Records of Denton County, Texas; the said tract being more particularly described as follows: BEGINNING for the southwest corner of the tract being described herein, at a cross tie fence post for the apparent southwest corner of the said Gassaway tract; • THENCE north 01°52'20" east with the west line of the said tract and along a fence a distance of 42.0 feet to a point for corner in the middle of an existing creek; THENCE south 75°42'35" west with the said creek a distance of 20.47 feet to a point for corner; THENCE south O1°52'20" west, 20 feet east of, and parallel to, the west line of the s,-.id Schneider Tract, a distance of 38.0 feet to a point for corner in the south line of the said tract; THENCE north 86°58'20" east with the south line of the said tract and along a fence a distance of 20.0 feet, to the place of beginning and enclosing 0.02 of an acre of land. In addition to the above-described permanent easement, there shall also be a 16 foot wide temporary construction easement adjacent and parallel to the east line of said permanent eacement for initial construction only, all as shown on the attached drawing incorporated herein by reference. The City of Denton, Texas, shall have the right and privilege to remove and dispose of, off the site, trees, brush, debris, excess excavated material, etc., in the easements, that would interfere with access to the construction site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Denton, Texa,ki, its successors and assigns / O VOL 71FACE528 z forever, (together with the•lriglit and privilege, at any and all tie S S to enter said premises, or any part thereof, for the purpose i#4 t S7 constructing, reconstructing and perpetually . maintaining saicP facilities* together with necessary appurtenances inside said perpetual easements; all upon the condition that the City of Denton, Texas, will at all times, after doing arty work in. connection with the construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the condition in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas, will not create a'nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant, except as herein provided. ~j WITNESS our hand, this the 2,~ day of 1984. • AR, h(IA S H E i THE STATE OF TEXAS § COUNTY OF DENTON § T is ins rument was acknowledged before me on theme D `d2y- of 1984, by George Schneider. DENTON-ICOUNTY, TEY~S THE STATE OF TEXAS l +•r COUNTY OF DENTCN This instryment was acknowledged before me or the,-~~4: of i 1984, by 1::detta Schneider. NOTARY BLIC N. jr DENTON OUNTY, TEXAS a :V", ~ 3f ~ ~ ,r 1 VOL 147.?AGE529 .tii: hrn~a~ 7tr1 ark F 17.7 In C13 12 ony"Pi CD w o~ 00 r ~ ` CITY OF' DE1 TON, rEx.aS OFFICE OF THE CITY ATTORNEY MEMORANDUM Joe D..tlorrts, Asexant City Attorney Robert B. Hunter, Assistant City Attorney DATE: September 28, 1984 TO: Charlotte Allen, City Secretary FROM: Jeanette Scott, Legal Secretary SUBJECT: Easement from George Schneider, et ux to City of Denton Attached is the original of the above reference easement for filing in the official records of the City. I have forwarded a copy of same to Roger Wilkinson. (jv t t T TSCOTT js xc: Roger Wilkinson voc 1471PAGE527 REAL PROPERTY RECORDS EASEMENT THE STATE OF TEXAS § 45564 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS g That, We, George Schneider and wife, Ardetta Schneider of the County of Denton, Texas, for and in consideration of the sum of One Dollar ($1.00) cash to us in hand paid by The City of Denton, Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby give, grant and extend to the said City of Denton, Texas, its successors and assigns, the right to construct and reconstruct drainage facilities and perpetually maintain a drainage easement in, upon and across land described as followb: All that certain 20 foot strip or tract of land situated in the R. B. Longbottom Survey, Abstract 775, City and County of Denton, Texas; the said tract being a part of the tract described in the deed from Billy W. Claytor, et ux to George Schneider recorded in Volume 858, Page 999 of the Deed Records of Denton County, Texas; the said tract being more particularly descried as follows: BEGINNING fur the southwest corner of the tract being describes herein, at a cross tie fence post for the apparent southwest corner of, the said Gassaway tract; THENCE north O1°52'20" east with the west line of the said tract and along a fence a distance of 42.0 feet to a point for corner in the middle of an existing creek; THENCF south 75°42'35" west with the said creek a distance of 20.47 feet to a point for corner; THENCE south 01°52' 20" west, 20 feet east of, and parallel to, the west line of the said Schneider Tract, a distance of 38.0 feet to a point for corner in the south line of the said tract; LHENCE north 86°58'20" east with the south line of r_ne said tract and along a fence a distance of 20.0 feet, to the place of beginning and enclosing 0.02 of an acre of land. In addition to the above-described permanent easement, there shall also be a 16 foot wide temporary construction easement adjacent and parallel to the east line of said permanent easement for initial construction only, all as shown on the attached drawing incorporated herein by reference. The City of Denton, Texas, shall have the right and privilege to remove and dispose of, off the si.e, trees, brush, debris, excess excavated material, etc., in the easements, that would interfere with access to the construction site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Den,-,)n, Texas, its successors and assigns ti'Ol14%' IracF528 00 Ts' Ifill forever, together with the right and privilege, at any and all tirges) ► i:0y to enter said premises or any part thereof, for the purpose constructing, reconstructing and perpetually maintaining saidri facilities together with necessary appurtenances inside said perpetual easements; all upon the condition that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the condition in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant, except as herein provided. WIT14ESS our hand, this the Ajday of 1984. z UW 1 ARDEITA SCHNEIDER THE STATE OF TEXAS § COUNTY OF DENTON T is ins rument was acknowledged before me on the, of 1984, by George Schneider. AKY/VUBLIG DENTON COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF DENTON This instr went was acknowledged before me on th y~~!1i',11 of , 1984, by Ardetta Schneider. NOTARY 13LIC DENTON COUNTY, TEXAS A f-a t2i t4 tri y $ 8 AGG Z? A!O 18 0 0 CA cl, )may fI t~ -6EP9Ir hi y ti 6z~~~vaT~~,~,o, Ire v- 72,27 THE STATE OF AS COt;tiTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: ) The City of Denton, Texas, a Municipal Rome Rule City sit,:ated in Denton County, Texas, hereinafter called "City", ty and throuch its City Xanac,'2r, And called Contractor, hereby -utaally acree as follows: 1. SERVICES TO BE _PERFORMFO: City hereby retains Contractor to perform the hereinafter designated services and Ccntractor agrees to perform the follcwinc services: a.2.~~rc~6e i^5-~rdGtO~ 2. CCYPENSATION TO BE 'AID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: x, f r B. Dates of Payments: QO OT- i'], 40g • J I 3. SUPERVISION_ AND CONTROL BY CITY: It is mut,jally understood and agreed by and between City and Contractor 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 Contactor, but it is ey:)ressly understood that Contractor shall per_for,-,, the services hereunder at the direction of and to the satisfaction of the - c: the of men cr or his desier.ee r,Li er this aari a.i 4. SOURCE 0: FUNDS: Ail payments to Contractor under this acreem,ent are tc be paid ry `he City frcT. `_,_`-r3s approoriate,, b.: .:.e C1_ Council fDZ °:Cr+ p'1r pCSeS in t he citCGet Of tae C1tV Of De nton. 7 C) , - - ~ _ _ - my Cat}' L ' on 1e `oi :ci'1:10 •i ~r~_ces end/or YNNC-, it =:cCt0r In the of cc o CGnL:3ctGr'S beSiae~s. reserves t'- J ~G jQ ll~ ~iC~. 60 CL":ED the t'r. i s I day oir r i o E C_•ry Ot D_~TGh Tc 4-o AS TO LEGAL, FORM C. C. T=vLC)?.r J- r Ci'iti' :iT'TG?iJEY >S c t: ori - r ucr~~L:,7a COti~t.yCl'GP.'S THE STATE OF TEXAS COUNT! OF DE4TON KNOW ALL YEN BY THESE PRESENTS: ) The City of Denton, Texas, a Municipal Rome Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through itS City ~'.anaCer, and -PQI r--r- . hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE _PER:-ORD'.ED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. gp/ao 5p/, f I v S7-24c C T61 Nt1 s $%`jj o~,CCt.tu~ B. Dates of Payments: 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 considered an employee of the Citv of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perfora, the _ervicas hereunder at the di,:ection of and to the satisfaction of the C. of the h. i tv of li--i7tGn or '-is "esicnee `hi- . acreerent. 4. SOURCE OF FUNDS: All payments to Contractor uncer this acr~.Tent a.'e to be paid by the City frcT funds Eppropriated by tale --ItV CClinCi-I for S:]C:, pL'r;OSeS in tl:e '000et of the City Of .b~Q • -_.S TC 51°__° t0 ~i!I.::S11 t0 COrjtrac`.OC the rcilo'w;nC Serv.' ices c70/0: :0. lr. =ii•3 c on O_ Con @C `Or' S IL'Sine Es IC cPr,.cel ar.. _='n_:cc:or tP(300 Ccs _ c- 1 3%:I7 02t• of ~zt~ 19E CITY OF MENTO:, TEXAS GT. CITY SE~_.._"_-•_ „')v-D AS TO LEG" : ORu C. ,7. TAYLOR, JR. , CITY AiTORN=Y .ec aS _ co e~; 7 _ .e_ .he provision C, J' a. - dxt4 062 r1 + S INLEPENDENT CON'_'RACTOR'S AGREEMENT THE STATE OF TEXAS { 7~ % ,K U KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texac, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and r~C s*;+! 4'i,1~I_i; , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter desinnated services and Contractor agrees to perform the following services: A. 1 <<>c.~~.i } G jrn i\` Loki C r. S I !1I f i_cttS B. ri Q4il.. lrr l~yl VC 4. 10 12 144 1: 4, ky 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: B. Da ees of Payments:, q~,5us+ to ~~y 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 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 supe.•ision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the Cit.: of Denton or his designee unraer this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 40 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of actorIs business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days w-itten notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on th-: day of _ -7i,~ , 198, and end on the I(, th day of c , 198 EXECUTED the this day of \ ~,_C , 198q. CITY OF -DENTONEXAS BY: / 4. f~cs- CITY ER ATTEST: CITY SECRETARY P-PPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: ~j CONTRACTOR BY: That is hereby designated as the person to administer the provision of this =creement. -ATE / CITY :1A /GS"RF 1 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) z 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 Denton Commcnity Theatre , 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 perfo:m the following services: A. Tenc'i theatre cle9ses ageeed upon and advertised by Denton Parks and Recreation Departrrknt B. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. 60% of the revenue brought in fr-m the clans fee B. Dates of Payments: Halfway through the ckiss and at the end of the class 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 of considered an employee of the City of Denton, Texas for the purposes of income tar., withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services 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 funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE, 1 ' r 1 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the followirg services and/or supplies: 1. Registration, rosters, fee ;candling, facility s0weduling and facility 6. INSURANCE: Contractor shall provide at his uwn cost and expense workmen's compensation insurance, liability insurance, and all other i:isurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any ttmelby giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 7_ day of At,; L , 198_n, and end on the ? th day of august , 198 8~ EXECUTED the this _7 day of t,ugust , 198 8N CITY OF DENTON, TEXAS i BY: ! - i C17Y MANAGER ATTEST:1 ~J a i CITY SECRETARY J ~1 APPROVED AS TO LEGAL FORM C. J. ThYLOR, JR., CITY ATTORNEY BY CONTRACTOR Tax No, That - , is hereby designated as the person to a rginister the provision of this agreement. DA k CITY MANAGER r L, INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 1 1934 O A T H O F O F F I C E CITY OF DENTON BO?RD AND COMMISSION 1, CONNIE WELLS do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Community Development Block of Grant Committee the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribe d and sworn to before me the undersigned on this the ~ day of , A.D. 19 84 To cert yy wTiirch witness my an an se ~0 0 ice. CITY MRETARY CITY OF DENTON, TEXAS 0264C 1964 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, JO LUKER , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the CoigRunity Development Block of Grant Committee the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. L~Jq Subscribgd and sworn to before me the undersigned on this the day of may- tea / A.D. 19 64 To certi y which witnes-s my hand and se o' office, 4&Y MY OF DENTON, TEXAS 0264C AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON BEFORE ME, a rotary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the "Denton Record-Chronicle", which is a newspaper of general circulation published is: the above named City; and that a true and correct copy of the i=ICE OF INTENTION TO ISSUE CITY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1984-A, IN THE MAXIMUM PRINCIPAL AMOUNT OF $20,000,000 a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates: _Au&ust 24 ; 1984 ~st .31 1984 Ajjp,i Authorized Ofticer or Employee' SUBSCRIBED AND SWORN TO BEFORE ME one , Q 1964. Notary Public My Commission expires f r (NOTARY PUBLIC SEAL) all _*;WJ cry« M' oo c_oTqq# E Y9 oo`GiQS - r- COo 4C ns itq±. o n a«V g gg row > c E g$ c i~«'a$i €l L _~Pc ~CO .y 5 E+: + ~9[ !«w w_ 0i rS$c~~ c ! >-rLY r-r'- B i V Il ► O~«-j -fA O: P~ Es t r. p W >~E r o~ u erg! a v ~ F E E~io:« g f w~-x per 8.fi b e=g E o > ~E• "a _>o 0 20 S > W „ GG °p=,. ac f°$S ra erg i Eae«ke E e $ ° Yi F~W >~x ra t£ k ! g y [jilt i ~-p dEt~ a_ ►°ratYrERgS`.~ 7_a'Sv !b r~r~. hoc:: "rTiSo ?30.'7-C-- NO. CO\T?.ACT NO. T'?E STATE OF TEXAS S CONTRAC7 COUNTY OF 0 \TON § kH'EREAS, a developer of real property located in the corporate limits or the extraterritorial :_risdiction of the City of Demon, Texas must develoo such property in compi;.ance with the applicable ordinances, reculations and specifications of t'ne City of Denton pertain`inc to the construction any' _r.sts_lati:n of streets, alleys, curbs, c.ittersI drainage fac'-itie::, water mains and liner, sanitary and storm sewers and other .mprnve.^ents and utilities in such ne. development or subdivision; and 'aLC..FAS, said developer, .a\ T\n-:51r rr- nai-tip. . .L- hereinafter referred to as "Owner", elects tc ma'~e such im^rov~-- rents hereinafter set forth by contracting with another party, AIUA-VATIC _TRRIGAT_TC\ hereinafter referred to as "contractor', and WHEREAS, Owner and Contractor recoo-Ize ane ac'Snewledce t.^.a: the City of Denton, herei-after referred to =s "city", gas an interest in insuring thy. te i"7c-ovements sub-=ct to th'-s contract, which will, '_nor. a^T-oval and ac^-e-tan-e 7y the c4 'V' beceme the property of the City, are constr_ctec and installed in accordance w'_th the minimum spec:`ice.iers and ste.acards rea'__rei .hy.,sai6 City; PAGE ' WI NESS. As to the improvements, as specified in Exhibit A, attached hereto and ,corpora*_ed herein by reference for all purposes, hereinafter referred to as ":moroveeients`, to be installed and constructed a t _Denton, 'exas _ the Cwner, Contractor and Citv, in cons '_derit ion of their riutual promises and covenants contained herein, acree as fol_ows: Contractor agrees as follows: a. To constrict and install said =mprovements n accordance with the city's "Paving, Drainace, Water and Se•.:ace Specifica•- ticns", the "Denton Develo^ment Code", and any other ordinances, reculatien$ and specifications applicable thereto and to perforr,, all. necessary repairs or reconstruction of said Improvements as recuired to meet the City's specifications, o-dinances or reaula- tions for final approval and acceptance of the :mprovements by the city. b. -o cooperate wit!; and abide by any orders of the City Enairc.er, city inspectors an,3 other City F'7n!,v-s as to the times manner or method of construction or installation of anv of the I^provements. I c. 7ha.,_ prior to becinnina anv construction or installation of the .morovements. to furnish a maintenance bone, in form and Wi't'}bstance acceptable to the City, in tine amount of 12% of the PAGE TWO contract amount for such :^.provemerts, insuring the maintenance and repair of the *_mprovemen*_s, for a period of one year from the date of acceptance of the Improve.-,ents by the City. The bo^.d shall be in favor of the City and shall be executed by an approvee surety authorized to do business in the state of Texas. d. got to begin any construction or installation of the :mprovea.ents specified herein until Contractor receives a written ''etter of Authorization to Troceed" by' tie City Engineer, cer.tifyir.c that all ?reconstruction regwirements of the City have been met. To hire and retain acecuate supervisory personae: to insure t:,at the construction and installation of said :mprovements are done in accordance with the terms of this agreement. 2. Owner agrees as follows; a. Thet prior to the teginnine of the construction and insta'_lation of the _:mpr.cvenents, to furnish a perfcrnance bone , in form anc substance ac.eotable to the City, in tie amount of 1001 of tie contract amount for such Inprovenerts, cuara`.teeing the comple*-icn of the construct,-on and installation of sand :mproveserts. The bond sha_1 ae in favor of the City and shall be executed by an approved surety com'.)%ny a'-_hor'.%?d to do bulsiness I in the State of Texas. b. That prior to the beginning of the construction end installation of the ;-7rO71o7ent.s specifiet he:oin, to furnis5 ?AGE THIEE payment bond, in form and substance acceptab:e Ie the City, in the amount of !')D% of the contract am ou'l: fo' such improvoments, cuaranteeinc the payment of persons °-,r._g~'_nc ^a'_e::als or :abo: for sa7e. The bond spa-'! to <o•Jnr Of ^E City ancf be axec,_ted by aaoo:eye_ suety co-7,a ay a'_= zec d^ businesF in the state of Texas. c. To do a'ne,!nssa-y to Ccnt_ac:c: ^000Prd`_?S and a ir' 'Ln_`'. _ O ?:s or _-.e _ _Y 1 _nsDectcrs and other c:.ty OyPnc, tr' ` _-'u, 72n-e! and zir '^?t.7cd C_° the ^-Cftc`_:_Ct`.C^. ',n^t 3,. :l :.O^. _rP _.^->r~•gp..,Pr+,.<,. C ^hat nc ~1^..?s or _OL^.en`_ 'A.n.?:e sa;.d _ .^yn-.u1`.~ are to to ?CE' s^:c.._ be ty ony nu:c,^aser, :PCFenr lle n'iner or Othe-, pE?r :rl, -,nti: _."17:0'r'PaentF. S7eCi°iPd herein ,CPe.. ,l^•J-n•,+P~ an; `_•Ie C=_o =nsure th° _°C-.oco-n.C, t,'i? cwnve 9-rP°S, `_~oCiLnlnC or the CCRg`:'ir.t:.O•: 8rlr' Pc`p.__a`_~_O.^. Carr _ nyP- -ents `C C°Dcs4- with tti'P <<n rn C .'_C `_O b,° fr_r° :O :."1? r'. _,'J 2.3 a'', 7n.'12_ is f',q C"T2 Cn^r ^n^-_- -ny rte.; ~'F1d L. n••'G~ o~ .~L.CC ~P !1nn•_-~-_Pr n.. r: eCC°- _',^:ro Of s2:C .."D:0'r'°".°RtS n•. ~C:-r - "'G _ _ S'.... sha'_'_ not `Crude thn Ci t: °rcm, ta$:• _ .,..E '.oca_ actic^ re^ec:;a-y to ^rnven Cr City ac:ees as _°^'.1^'•n: a. 70 1SS1n a resette Of nut^Cni"a::Cn t0 ,I-CCeC'c _ Contractor when all prer:onstruL tics rec'.:irPTn^ts of adreerent anc the City's soec'_f=cations, ordinances a.^.c recu_at_ons have been ~ _fillec. t. Tat upon pro, n coT,pletion o° the _-?rovenents in accer,4 nce W'.th the !'i`•✓~ eDecifiC?::oncr crc.nInce^ dnr arcrove d..^,C aC^_eo- th° 5?.'.C _"ICr n`•n-cn!g. 4, ~ • s further u.nce_rs anf ?C. PPra *~etwcen ~P Owner and Cont ,,c`.or that t'te n.f nPr ShR'_- re`9i -n•• -P-ce^t ^F -~P `_Cta'. co-,'--act a-ni!nt °nr the c c n 91_Jct_:On d.^.C o9 O° ` P '71-rove'-'ents .:nt-1 Fa -4d ~-:ave 7"en a"nr C)v'eC n.nc acre^tec ov th-? City. tprnlntnnr' Y C(nn `Pt.~PP^ `tiP .D ,irt pc '.~p.ptn tLl;It aTT-Ova, R^c acre^t nt'n^. _ the r'i `_V, Sa.°.C rn•✓P^nntp c'^p'. ~nCO?!n =~~n t: n alp":*r har ne ,i Y.~^e_t.r" Cc t~^.e rztV °rnE' an C, 1r Or a a."!v?'.nC . ~'.'7 :.5 rC^.tr lCt ^.R~'. 5:7C1 ^3^ °^r t'I e:.J° he'. <r succ- ar --c^r ,Anf nrEn~7r .`•GS Fnr -~'n `.l. 'snt C .e..- O.` t.'Ie ter i, tIer np° --?*,r -r'-l- C -1^ _~~n-1ti.;1 TJm R^Q DP(lCrPTi'=!'\r. n^. •n'^*r 1 i P3G:EC. S0. .EXHIP A 0WNER: 'XPROVE"!S -S :.OCA^_ _D A. ?AC=E S~'JEti ■ PROJECT NO. CONTRACT NO. DEVELOPER'S/OWNER'S PERFORMANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That City of Denton,Texas of Denton County, Texas, hereinafter called Principal and Roffino-Waiters Properties, Inc. a Corporation organized under the laws of the State of Texas and authorized to do business in the State of Texas, hereinafter called 'Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in -.enton County, Texas, hereinafter called 'City"in the penal sum of Ten-Thousand-Two-Hundred Dollars 10, 200.00 ) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successo.s, jointly and severally, and firmly by these presents: THE Conaitio:, of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated the 27th. day of August , A. D•, 19_L4 , in the proper performance of which the City o± Denton, Texas, tis an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Water line replacement NOW, THEREFORE, if the Principal shall well, truly, and faith- fully causee to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in DEVELOPER'S/OWNER'S PERFORMANCE BOND-PAGE ONE accordance with the Plans, Specifications, and Contract Documents dt:ring the original term thereof, and any extension thereof which +r.ay be granted, with or without notice to the surety, and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and condition's and agreements of any and all authorized modifications of said Contract that m.y hereafter be rude, notice of which modifications to the surety being hereby waived; then this coligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Flans, Specification:,, Drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such cnange, extension of time, alteration or addition to the terms of the Contract, or to the work to oe performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of wnich shall ne deemed an original, this the 27th day of August A.D., 19 84 PRINCIPAL SURETY Roffino-!dalters Properties, inc. Underwriters @ Lloyds, London BY: BY ATTORNEY-I -F T~ ATTEST: r SECR TARY DEVELOPER'S/OWNER'S PERFORMANCE BOND-PAGE TWO Page No. 1 of 1 Pages AQUA•MATIC IRRIGATION 221 Joe Write Street ROCKWALL, TEXAS 75087 (214) 722.6757 PROPOSAL SUBMITTED TO PHONE ~j/ y ~ CAtE Roffino-WaltArs _ 722-`10 August 22, 1984 STR 3 Joe NAME Ridge Rd_ Roffino-Walters Addition CITY, STATE AND ZIP CODE JOB LOCATION Rockwall, Texas 75067 Denton, TEXdS - ARCHITECT DATE Of PLANS JOB PHONE Fields, Edwards & Assoc. 6/25/84 n/a we hereby submd specifications and estimates Or 430 L.F. 6" PVC @ 13.33 5,731.90 6" Wet Tap 1,060.00 Replace Payment 1,800.00 Bond 420.00 20 L.F. Ductile Iron & Concrete Encasement @ 20.10 402.00 2n Blow Off 485.00 2' Service 290.00 TOTAL 10,188.90 Of VrVV05F hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Ten thatinand ons hundred eighty=eight and 90/100__-doltarslb 10,188_90 Payment to be made as foflows! All material 4 quvanteed to DA as spine Air wore to be completno it, a worAmanide / manna Y.cxdrrs to stani practices. Any alteration or d"Abon from above speubu. A'Jthonted lions icvabm( pin costs wle be pee Wld only I written ordi and will become an Signature III cyarRe evtl and Abova the estimate. All aerrrneaN conLrii upon stns accidents KeeM1yfo brIvel oor control. Owner to carry fI tvn.,do and only nece.s, y insurance. Note. This proposal may be w6 is re fatly covered by Workmen's Con bensli Im,wance withdrawn by us it not accepted within t h , rty 1 101-days. -Thealt)iprices.spfc,hcahons saGSlactory and are hereby accepted. You are , uthon:ed Signaure U ecdiedPa me will be made outlined aboveS. naur~ 6 - LafAccexpt"axt. rOaY via Coarwowr rap-He GOUno NVM{a Navrct. MC, roeillel" ss ell" PROJECT NO. • CONTRACT NO. DEVELOPER'S/OWNER'S PAYMENT.BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS 5 COUNTY OF DENTON 5 THAT City of Denton Texas of Denton County, Texas,. hereinafter called principal and Roffino-Walters ?roperties, Inc. a corporation organized under the laws of tS4a State of Texas and authorized to do business in the State of Texas, hereinafter called "Surety', are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called 'City', and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of Ten-'thousand-Two-Hundred Dollars 10.200.00 ? Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, cur heirs, executors, administrators, and successors, jointly and severa]'.y. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated the 27th day of August_ , A. D. , 19 84 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Water Line Replacement DEVELOPER'S/OWNER'S PAY%ENT BOND-PAGE ONE NOW, THEREFORE, if the principal shall well, truly, and faith- fully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, subcontractors, corpo- rations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value receive:: hereby stipulates and agrees that no change, extension of time, G. ration or addition to the terms of the Contract, or to the work .Formed thereunder, or the Plans, Specifications, Drawings, etc. accompanying the same shall in anywise affect its obligation "n - extension ndofit times hereby waive notice of any such change, alteration or addition to the terms of the Cc.-,tract, or to the work to be performed thereunaer. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 27th day of Auqust A. D. , 19 84 PRINCIPAL SURETY Roffino-Walters Properties, Inc. Underwriters at Lloyds, London BY: r BY: AT NEY- N- AC t]l ATTEST: i-CRETARY NOTE: (DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.) DEVELOPER'S/OWNER'S PAYMENT 3OND-PAGE TWO AUG 241984 PROJECT NO. CONTRACT. N0. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S PRESENTS: KNOW ALL MEt+ 5Y 7'-:ESE COUNTY OF DENTON S That City of Denton,Texas of Denton_ County, Texas, hereinafter called principal and Aqua-!fa[ic Irrigation a Corporation organized under the laws of the State of Texas and authorized to co busiress in the State of Texas, hereinafter callec "Surety", aria held and firmly bound unto t Y herei Texas, nafter a Municipal Corporation, in Denton County, Texas called 'City''in the penal sum of Ten-Thousand-Two-Hundred Dollars ( 10,200.00 ? Dollars, la•rful money of the United States, the said sum being ten percent (1C8) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Con3ition of this Cbligation is such that: WHEREAS, the Princi al entered into a certain contract wiin August , Contractor, dated the At h day of A. D. , 19 84 ' the proper performance of which the city of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Water Line Nfdntenance - DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE ONE I i NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same,,# including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known ur unknown, at any time during the period of this bond; which th^ city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials cr labor; then this obligation shall be void, otherwise to remain in full force and effect. in case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said worK and supply such r.•,aterials as necessary and :.large the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against tyre Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to aintain said work shall continue throughout said maintenance aerior„ and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in tri?li.cate, each one of which shall be deemed an original, this the Z h, day of August , R.D., 19 84 PRINCIPAL SURETY Aqua-Matic Irrigation Und rwriters a to s, London BY: BY: R. Sumrow ATTOONEY-IN-F CT ATTEST. ct4 ETARY DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE TWO EALIG MGCA Statement 2 9 IG?,1 ` f ci , + CITY M?`,':' I LANE SPAR GAS COMPANY - TRANSMISSION DIVISION STATEMENT OF GAS COST ADJUSTMENT AND CITY GATE RATE'S EFFECT11.7. SEPTEMPER, 1984 IN A:CORDANCE WITH CRDER CF TEXAS RAILROAD COMMISSION UNDER DOCKET NO. GUD-3543 Line Mcf Amount Amt./Mcf 1 Estimated Gas Purchases 28 628 000 $103 685 000 $ 3.6218 2 Plus Estimated Withdrawal. From Storage 500 000 1 682 000 3.3640 3 Less Estimated Injection Into Storage 1 472 000 5 399 000 3.6678 4 Estimated Net Gas Received Into System 27 656 000 $ 99 968 000 3.6147 5 Ratio Volume Sold To Volume Received - .9754 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) 3.7059 7 Plus Gas Cost Correction Factor (MGCCF) Based On July, 1984 (.0962) 8 Less Base Cost Cf Gas Included In Base Rate 3.5195 9 Less Extracted Products Revenue Adjustment (MEPRA) Based On July, 1984 .3267 10 Plus 3ase Extracted Products Revenue Per Mcf .0890 11 Plus Out-of-Period Adjustment Per Mcf (MOPA) Bases On July, 1984 .1412 12 Subtotal (.0063) 13 State Utility Tax Recovery Factor X 1.0025 14 Gas Cost Adjustment (MGCA) (.0063) 15 Plus Base City Gate Fate 4.0200 16 Regular City Gate Rate 4.0137 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge .0000 18 City Gate Rate 4.0137 •Intracompany charge to the Coapany's distribution divisions for sale to residential and commercial cuskcmers and for distribution company.-used and unaccounted-for gas. I;N TUE MA'IUR OF City of renton THE STATE, OF TEXAS 114)y Appleton, Jr. County Uf Denton being duly, sNOrn., says he is the General 11.vtagtr of the Denton Record-Chro»iele, a newspaper of general circulation which has been contimrously and regularly published for a period of not less than one year in the C mnty of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the following (fates: Public Notice, proposal for the Fiscal Year 1984-85 Display Legal August 20, 1984 - SAiscrihlYl and sworn to before me this L day of Witness my hand and official seal. A Notary Public, Denton County, Texas r: HERE PA STF."JIE NOTICE 13) 1 ilk. 1'i 131.IC 1'1'10\ CI.T FRO)I P 11'F;R - IN mE. )I kl-i'ER OF THE PUBLIC NOTICE A budget hearing will be held on September 4, 1984 for all interested citizens of the City of Dentin, Texas. The DAVITOF PUBLISHER TO following budget is pfoposed for Fiscal Year 1984.85. IC MON OF LEGAL NOTICE ATE ORY Tofal R vc~_ ~ Sharl~a~fund Public Safety (Polk*) 529,121 Public Safety Fire) 3,135,304 0 Public works 2,649,316 00 General Administration -J UL120 TOTAL $11A45.632 29,121 19 The meeting will be held of Council Chambers for the purpose of discussion of the proposed budget, Including Federal Revenue Shoring Funds, at 1:00 p.m. The pro• posed budget may be examined on weekdays at City Secretary's Office botvreen 8:00 a.m. to 5:00 p.m. All Interested citizens will have the opportunity to give written and oral comments. Senior citizens are on. couraged to attend and comment. City Secretary Charlotte Allen - 472 _TIAI.+l! - -Ytlt'rtN 9tad°cr~7.Oe _D¢!Lp - I= REkt- PROPERTYRECORDS # = THE STATE OF TEXAS, KNOW ALL DiEK BY THESE PRESENTS: !I COUNTY OF DENTON That The City of Denton, Texas, a Municipal Corporation 4 ~"~~`JG I l 'I of the County of Denton and State of Texas for and in consideration of I the sum of _ -`----------------------TEN AND NO1100 (S10.00) DOLLARS, and other good and valuable consideration to it in hand paid by Dave Krause Pontiac-Toyota, Inc. J' of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Dave Krause Pontiac-Toyota, Inc. , its successors l xbM and assigns, all its right title and interest in and to that certain tract or par. ' cel of land lying in the County of Denton and State cf Texas, described as follows, ~II fto-wit: To that certain tract or parcel of land situated in the Robert{ i8eaumont Survey, Abstract No. 31, City and County of Dent-.Ono Texas; the j!said tract being a part of the tract described in the deed from George W. Hinkle et ux to J. Newton Rayzor recorded in Volumo 399, Page 551 of the Deed Records of Penton County, Texas, the said tract being more 'particularly described as follows: (Commencing at an iron rod found at the southeast corner of Lot 1, Block 'VIII of North University Place Addition as shown by the plat thereof [recorded in Volume 3, Page 13 of the plat Records of Denton County, Texas; THENCE south 01043'00" west with the west line cf Cornell Street a distance jf ~l!of 135.58 feet to the poin' of beginning; 1~THENCE south 01043100" west with the west line of Cornell Street a distance j of 16.00 feet to a point for corner at an iron rod at the northeast corner 1 othe tract described in the deed to Dave Krause Pontiac, Inc. recorded in Volume 807, Page 162 of the Deed Records of Denton County, Texas; I THENCE north 88019116" west along the north line of said Dave Krause j~ POntiac, Inc. tract a distance of 250.41 feet to an iron rod set for corner at the northeast corner of a tract described in deed to Southwest 11,Employee's incentive plan recorded in Volume 488, Page 518 of the Deed Records of Denton Cointy, Texas; HENCE north 01040144' east a distance of 16.00 feet to a point for corner; HENCE south W 1911b' east a distance of 250.42 feet to the point of ~eginning and enclosing in all 4,006.64 square feet or 0.092 acre:,,. +I TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- I leges and appurtenances thereto in any manner belonging unto the said Dave Krause Pontiac- I f Toyota, Inc., its successors katrsnnd assigns, forever, so that neither the said l City of Denton, Texas, a Municipal Corporation, its successors nor japjyXm= V person or persons claiming under it shall, at any time hereafter, j ' btie, clhim or demand any right or title to the aforesaid premises or appurtenances, or any part there- r Oro r t ~E'NES} our and at Denton, Texas this t 0 f r` day of A. J. 19 84 I 'r~~91?;tn es~es gt eat of rancor: U CITY OF ENTON TEXAS IC ARD O. °TE ART, MA i~ =~HARL(Y~#'~-ALLIsN, pi-TV~fsCEtFsTARY (IIIII THE STATE OF TEXAS, SINGLE ACKNOWLEDGMENT VOL1412rAsE629 COUNTY OF BEFORE ME, the undersigned authority, in are I for said County. Texas, on this day pet-,7a14' appeared known to me to be the person whr e name subscribed to the foregoing instrument, and acknowledged to me that he executed the sanie for the purp,)ses and consideration therein expressed. GIVEN UNDER MY ILAND AND SEAL OF OFFICE, This day of A.D. 19 . ) Notary Public, County, Texas My Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledgod to me that he executed the same for the parpases and consideration thereir, expressed. GIVEN UNDER 51Y HAND AND SEAL OF OFFICE, This day of A.D. 19 . Notary Public, County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, t j BEFORE ME, the undersigned authority, COUNTY OF. DENT in and for said County, Texas, on this day personalty appeared .__Richard_0. Stewart,. Mayor of the City of Denton, Texas known to me to be the persan and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City Council o.f..the...City. O.f DCZIt-on,. Texas.. a corporation, and that he executed the same as the act of such corporation for the purposed and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This I ---,day of..... A.D. 19.84 JEAAiETFESCOR---- • armak IsY it tan Notary P b e, ._-.DENTON _Covnty, Texas ~t►adow900"It.to My Commission Exviree June 1, 29._.- CLERK'S CERTIFICATE THE STATE OF TEXAS, 1, County COUNTY OF Clerk of the C,,unty Court of said County, do hereby rartify 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 GtIk1J1 , .4. D. I9 , at o'clock M., and duly recorded this day of Ott OF ta b% tt,! _ A. D. 19 at o'clock M., in the S . a' B Al. >O'n ecords of said County, in Volume_ on pag-s Cp f.,••~r• Gs WITNESS 51Y HAtjP AI D; W,~,Uf ~ Z+.F,,VNTY COURT of said County, at office in .G eY vt cc•.. td~t`~}`he day and yc;u last abocr watt^n, e%.,N4 `tf ,vj c (L• Ms a`~e „1a, gCount)' Clerk County, Texas. 1a~ F' top N)G ~ IV BY a Deputy. d j -VV• • Aqvzzx Air A M a o >i 3 >1 ' CE O! A c ~3~V C] r: L s 3 ZZO OZ Cq j W L n < z to n x ~a ~ F S z l a r `XWO C4 W El 0:: c. ~k , A' a Eo w s~ c yea^,,v, far [s♦ W c 1 18 G. C_o fn o I. Z C.Y. N A ! V\1 El 0 l -j N J~ I • 'J Cy t l WE. ri c Speed Letter. To Charlotte Allen From Jeanette Scott Subject City of Denton v. R. E. Jennings NO 9a 13 FOLD heF5 1-111 E Attached is a copy of the above referenced condemnation case that was filed of record in the deed records. Please file in the official records. Thanks. Date _ S Sned REPLY No /Oi9 Aa IO F010 Date Signed WNaon Jones Ccmp sny a~.'"-111$ RECIF'ENI RE7Ai.N 1JHiiE COP'T', RE iUF~I plh'N. COPY al] Y ;L 14G2'Pa-E22O RIAI PROPary PicanDS lY~l 7 m ii 519 NO. 7953 Till'. CITY 01' DENTON, THAS [ 1 vs. PROCLEUINGS IN ENIINLNT DOMAIN z R. E. JE.NNINGS, ET AL X 4 iOI's JUDGMENT On August '--lll , 1934, the Award of the Commissioners filed with the County Judge and County Court of Denton County, Texas on January 14, 1975 was considered. The Award is attached hereto as Exhibit "A" and is by reference made a par* ?tiereof. Thereafter and on January 14, 1975, the City of Denton, Texas filed Objections to said Award which were filed within the length of time required by the law and has now filed an application to withdraw said objections and leave should be granted to the City of Denton, Texas to withdraw its objections. IT IS 'T'HEREFORE ORDERED, ADJUDGED AND DHCREED by the Court that the City of Denton be and it is.hereby authorized to withdraw its objections to the Award heretofore filed herein and said Award is adopted as the Judgment of this Court. IT IS :URTHER ORDERED that the Award of the Commissioners be recorded with this Judgment in the minutes of this Court. The sum of $7,400.00 was doposited by plaintiff in the Registry of the Court, subject to the Order of the Defendants on January 14, 1975. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the City of Denton, Texas recover from the Defendants R. E. Jennings, Emma Laverne Jennings and Domingo Herrea the fee simple title in and to that certain property situated in the City of Denton, Denton County, Texas, described in the Incorporated Award of Commissioners and the same is vested in the City cf Denton, Texas. 148?Pao;221 VUl 7 ew 520 IT FURTHER APPEARING TO THE COURT the amount of the Award has been heretofore withdrawn by the Defendants and no orde.s with reference thereto are necessary. IT IS FURTHER ORDERED that all costs are taxed against the City of Denton, Texas which may have its Writ of Possession. SIGNED and ENTERED on August, 11184. 4nty W APPROVED: IiVv„ ! City j torney Page Two i 4°?mf222 EXHIBIT P. LVU 7 521 NO. t THE CITY OF DENTON, TEXAS vs. ¢ PROCEEDINGS IN EMINENT DOMAIN R. E. JENNINGS, ET UX Q AWARD OF SPECIAL COMMISSIONERS On the 9th day of January 1975 in the City of Denton, Denton County, Texas, the above styled ' Proceedings in Eminent Domain came on to be heard before toe undersigned, three disinterested freeholders of Denton County, Texas, heretofore appointed as Special Commissioners by the Judge of the County Court at Law of Denton County, Texas, to assess the damages caused by these Proceedings, and came the Plaintiff, t:~- City of Denton, Texas, a municipal corporation, acting herein by and through the City Council of the City of Denton, Texas, and came also the Defendant(s), and all parties having announced ready, the Commissioners proceeded to hear evidence and arguments of the parties, and made the following findings: I. That on the 19th day of December 1974 th.• City of Oenton, Texas, a municipal corporation, acting herein by an7 through the City Council of said City, as Plaintiff, filed a written statement with the Judge of the County Court at Law of Denton County, Texas, wherein upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Denton, Texas, a municipal corporation, fee simple title in and to the following described real.pr,perty situated in the City and County of Denton, State of Texas, and being fully described in Exhibit A hareto attached and made a part hereof. v~L 7 rncE 522 II. ' That upon consideration of said written statement so filed by Plaintiff, the Judge of the County Court at Law of Denton County, Texas, did on the 19th day of December , 1974_, appoint R. L. McNabb, C. H. Enlow and D. B. Boyd, three disinterested freeholders of Denton County, Texas, as Special Commissioners to assess the damages caused by the taking of said property. III. That thereafter said Special Commissioners duly qualified as such, each taking the oath prescribed by law, which oaths are on file with the papers in this cause. IV. That after having so qualified, said Special Commissioners on the -19thday of __D_Q her 191 , by written order bearing said date, designated and appointed the 9th day of January 1915 , at _9_30 -o'clock a., m., at the County Court at Law Courtroom in the County Courthouse in the City of Denton, Texas, as the date and place for hearing said statement and parties, said date being the earliest practicable time and such place being the county seat of the county in which the property is situated. V. That on the 19th day of December , 19 74 , said Special Commissioners issued written notice of such date and place of hearing, and the Defendant(s), _R. E. JENNINGS. £i4MA LaVERNE JFLUNfl$_._owners.and 00,4INGO HERUA, tenant - were duly served with notice and notified in the manner provided by ia:q of such hearing and the time and place thereof. r J ~~r,~ 1~C1?PaGE22`~ 523 Tha t on the 9th day of January 19 75 , said Special Commissioners did convene and the following named parties appeared in person or by their attorneys; R. E. JENIINGS, EMMA LaVERNE JENNINGS, owners, and their attorney, JACK W. GRAY _ I and announced ready for such hearing, and said Special Commissioners proceeded to hear evidence as to the market value of the land being taken and the damages which will be sustained by the owner or owners by reason of the taking of said land, and after hearing and considering such -vidence, said Special Commissioners did find and determine and accordingly asuess damages to be paid by the City of Uenton, Texas, a municipal corporation, according to the rules of damages set forth in Article 3265, Revised Civil Statutes of Texas, in the total amount of SEVEN THOUSAND FOUR '.'UNDRED AND 1101100------------------------------------ Uollars ($7,400.00 It is the further order of the Commissioners that before taking possession of said land that said City of Denton, Texas, a municipal corporation, deposit with the County Clerk of Denton County, Texas, a sum equa, to the total amount hereinbefore set out subject to the order of said Defendant s), and any and all taxing units or lien holders, if any, as their respective interests may appear. The costs of this proceeding are adjudged against the City of Denton, Texas, a winicipal.corporation. -....~.l1t+wT+7w,+s'S,~rn-..-1..~. ,,~~~.w.--~...T._ ~ .,i w...w-.....-.~:.~..-.-.=--'--~•r---- YC1 14g?Pd0r?25 l low"4 Nib vet 7 PACE 524 The costs which have accrued to date are as follows: 1) Fees due Special Commissioners: a 90.00 to R. 1. McNabb $ 90.00 to C. H. Enlow $ 90.00 to 0. B. Boyd 2) Fees due for serving notices are as follows: ' $ to 5 to s - _ to g to to Rendered this 13tn day of January 1975 . 7 / R. t cNa~ab C. H. En o~ aoy The foregoing Award of Special Commissioners was filed with me this 41 day of - January _ lk,"5 u e ~o a ounty Court atTaw / Denton County, Texas 1 'Ir. 10 F. ~ 14c -26 v~6 EXHIBIT A All that certain lot, tract or parcel of land situated In the City and County of Denton, State of Texas, being a part of Lot Thirteen (13) of Faught's Subdivision, an Addition out of Block No. Twe!ity-Two (22) of the Original Town of Denton, Texas, as subdivided by C. J. Shepard, Surveyor, ` and dezcribed as follows: 1 BEGINIII14G at the southeast corner of the tract conveyed by Emily Mercer and husband to S. J. Owens by deed dated August 25, 1919, recorded in Volume 157, Page 213, Deed Records of Denton County, Texas; THENCE West 50 feet to the southwest corner of 4 said o t ; THEPICE North witn its west boundary line 30 feet for corner; THENCE East 50 feet to tl:e west boundary 'line of Blount Street; THENCE South therewith 80 feet to the place of beginning, and being the same property owned by Defendants. ' r I ~l I , P~1r ~lnr s"~hibi 1 4 ~,r . A TRUE w copmr CC7C ICY Calf th - All ni ~Elr~ l C,625sLqoA _&D.1962 - VGL 1p `ip9. PdGF227 MARY JO HIL7M COUNTY CLERK s DENTON MUJ A GeD~h _ ..1. f •f ~ ,VS11 TEW ~(y4 M ~/r{~ Y CERTIFICATE OF AUTHENTICITY THIS 15 TO CEFTIFY Shat the mlcrophatographs appearing an this Film•flle S1 Mr4 Nrj~ AUGUST 1984 _ -and Ending wlfh AUGUST 1984 _ are - accuruh and complete reprodicilons of the records of (Company and Dept.) CITY OF DEN ON CITY SECRETARY -_as delivered In the regular course of badness for photographing. It Is further corliRed that the microphelographic processes were accomplished in a manner and on flfm which meets with requirements of the National bureau of Standards fcr permanent microphatograp;iic copy. Dale produced. fAird~34ScQCris Com 0 A_a.c ) ILvMv) TMIHOLOCY AT(9kgPK Ce0sr OPOMW PLACBt 4 yMt•Pgrk &V State Arlinglon, Texas 76010