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2004-012S:\Our Documents\Ordin ances\03Wintage Parkway Nonqlrilling Agreement.dec NO. d Pd'- /A AN ORDINANCE ALLOWING THE CITY MANAGER TO EXECUTE AN OIL AND GAS NON- DRILL SITE/POOLING AGREEMENT FOR A NON-DRILL SITE/POOLING AGREEMENT OIL AND GAS LEASE AGREEMENT FOR THE 10.475 ACRES OF VINTAGE PARKWAY RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DATE· WHEREAS, the City Council of the City of Denton has heretofore determined that it is advisable to lease for oil and gas purposes certain real property, 50% of the mineral interests of the 10.475 acres, located east of 1-35W Vintage Parkway right-of-way, Denton, Texas; and WHEREAS, in compliance with Chapter 71 of the Texas Natural Resources Code (the "Code") the City published notice of its intention to lease such real property for oil and gas purposes once a week for three consecutive weeks in a newspaper with general cimulation and pubhshed in Denton County, Texas; and WHEREAS, in compliance with the Code, the City Council of the City of Denton held a public hearing pursuant to Chapter 71 of the Texas Natural Resources Code; and WHEREAS, the City desires to authorize the City Manager to execute the lease with Lynx Oil Company, Inc. for a non-drill site/pooling agreement pursuant to the bid specification submitted by Lynx Oil Company, Inc.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2. The City Manager or his designee is hereby authorized to execute a Non-drill site/pooling oil and gas lease agreement between the City of Denton and Lynx Oil Company, Inc. in accordance with the bid specifications and in return for the payment(s) as outlined in Attachment A for the approximately 50% of the mineral interests of the 10.475 acres, located east of I-35W Vintage Parkway right-of-way, Denton, Texas. SECTION 3. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY