Loading...
HomeMy WebLinkAbout1981-04-27-1000AM-SpecialI i COMMISSIONERS' COURT SPECIAL MEETING APRIL 27, 1981 A special meeting of the Commissioners' Court of Brazos County, Texas, was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 A.M. on Monday, April 27, 1981, with the following members of the Court present: R. J. Holmgreen, County Judge, presiding: Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; W. A. Stasny, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance; Rhonda Yeager Richard Fronterhouse Arnold Dittfurth Mary Nichols Jim Thompson Jerry Mays Pete Ray Tom Jones, Jr. Tammy L. Pardi Pat Edmondson KTAM/KORA Constable, Precinct 4 Auditor's office Auditor KBTX-TV KAMU-TV KAMU-TV TAMU Student KAGC News WTAW The Court first considered a Resolution for the March of Dimes National Foundation declaring the week of April 26th through May 2nd as "Walk America" week. On motion by Com- missioner Stasny, seconded by Commissioner Beard, the Court voted unanimously to pass the resolution. The Court next considered a Resolution Authorizing Execu- tion of Contract with Texas Department of Community Affairs, On motion by Commissioner Beard, seconded by Commissioner Stasny, the Court voted unanimously to pass the resolution. On motion by Commissioner Stasny, seconded by Commissioner Wilcox, the Court voted unanimously to appoint Mary Stone to the Brazos County Child Welfare Board to replace Reverend Hubert Beck. VoL PAGE COMMISSIONERS' COURT MEETING - APRIL 27, 1981 CONTINUED V®L.P.PAGE -2-8 i On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously voted to approve the Public 0 Weighers Bond of Marsha Lynne Holiday in the amount of $2,500 1 with Western Surety Company as surety. The Court next considered a request by Richard Fronterhouse to appoint James M. Lynch as Deputy Constable for Precinct 4, r Roy C. Veracruz and Charles A. Lambrecht as Reserve Deputy r Constables. The Court being furnished with proper Peace Officer Certificates, Commissioner Beard moved to appoint James M. c i~ i Lynch, Deputy Constable, Roy C. Veracruz and Charles A. Lambrecht. Reserve Deputy Constables for Precinct 4, Motion ~r was seconded by Commissioner Wilcox and carried unanimously, ,c The Court next considered fire calls for the month of March, 1981 from the City of College Station in the amount of $217.32. On motion by Commissioner ReArd_ aarnnAaA hu Commissioner Cooley, the Court unanimously voted to pay the City of College Station in the amount of $217.32, The Court next considered a request by the County Clerk's office to purchase binders in the amount of $2,576.10. The Court being informed that this was the best price, Commissioner Stasny moved to authorize the purchase of the binders in the amount of $2,576.10. Motion was seconded by Commissioner Beard and carried unanimously. On motion by Commissioner Stasny, seconded by Commissioner Cooley, the Court unanimously approved Requests For Change In Status of Employees as follows: Paul Toliver Robert P. Barker Earl Clay Mical E. Hill • Cynthia D. Long John McCain Bonnie Fred Reed Jessie Saragosa Barbra Johnson Debbie Ann Ploski Russ Robinette Jeanne Louise Nigh Steven Kent Radney Gary Smith Melissa Ann Holt Brazos Center County Shop County Shop County Shop Extension office Janitorial Janitorial Janitorial Juvenile Probation (Bridge House) Juvenile Probation Bridge House Juvenile Probation Bridge Hous Sheriff's office Sheriff's office Sheriff's office Sheriff's office } i l 1 'I PY. , t , • 'y: 'y 'Fr'et t ~ / _ • a• ) tf• 1►~♦.a .IG •Jat},t. a1 ~i~.' •i :~~~.~.'►i .fig '~..•y~1, .a 1 COMMISSIONERS' COURT MEETING - APRIL 27, 1981 CONTINUED , The Court proceeded to consider the following Claims submitted by the County Auditor for payment: General Fund Claims 1261 through 1371 Capital Improvements Proposition II Claims 22 through 24 TYC Claims 13 County Shop Claims 90 through 91 Precinct 1 Claims 94 through 95 Precinct 2 Claims 91 through 94 • Precinct 3 Claims 79 through 86 Precinct 4 Claims 63 On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously approved the Claims as submitted. The Court recessed at 10:10 to reconvene at 11:00 A.M. 11:00 A.M. The Court reconvened at 11:00 A.M. at which time the Court received the following bids for $9,000,000 Brazos County. Texas Permanent Improvement Bonds, Series 1981: 1. First National Bank of Dallas & Associates at an effective interest rate of 9.995%. 2. Republic National Bank of Dallas at an effective interest rate of 9.975%. On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously voted to accept the low bid of Republic National Bank of Dallas and to adopt an Order Authorizing The Issuance of $9,000,000 Brazos County, Texas, Permanent Improvement Bonds, Series 1981. A copy of such Order is attached to and made a part of these minutes. There being no further business to come before the Court, the meeting was adjourned. VOLf .PAGE -29 VOU-PAGE., ORDER AUTHORIZING THE ISSUANCE OF $9,000,000 BRAZOS COUNTY, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1981 i THE STATE OF TEXAS 5 COUNTY OF BRAZOS 5 WHEREAS, the bonds hereinafter authorized were duly and i favorably voted at an election held in and throughout Brazos I County, Texas, on the 26th day of January, 19801 and t i WHEREAS, the Commissioners Court of Brazos County, Texas, deems it advisable to issue, sell, and deliver $9,000,000 bonds as the second and final installment of the $10,000,000 bonds ! voted at said election, $1,000,000 bonds of said voted autho- rization having been heretofore issued, sold, and delivered; THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. The negotiable, serial bonds of Brazos County, Texas (the "County"), to be designated BRAZOS COUNTY, TEXAS, i PERMANENT IMPROVEMENT BONDS, SERIES 1981 (hereinafter called the "Bonds"), are hereby authorized to be issued and delivered i in the principal amount of $9,000,000 for the purpose of pro- viding $8,480,000 for CONSTRUCTING ADDIT" AND IMPROVEMENTS TO THE EXISTING COURTHOUSE AND JAIL BUILDING, and $520,000 for I ' PURCHASING, CONSTRUCTING, RECONSTRUCTING, REMODELING, IMPROVING I~ AND EQUIPPING AN OFFICE BUILDING OR BUILDINGS, OR COURTS BUILDING I OR BUILDINGS, OR JAIL BUILDING OR BUILDINGS (IN ADDITION TO THE EXISTING COURTHOUSE AND/OR JAIL), INCLUDING THE PURCHASING AND IMPROVING OF THE SITE OR SITES FOR ANY OF SUCH BUILDINGS. Section 2. The Bonds shall be dated May 1, 1981, shall be -numbered consecutively from 1 through 1800, shall be in the de- nomination of $5,000 each, and shall mature serially on May 1 of each of the years, and in the amounts, respectively, as set forth in the following schedule: I - • i I I ~ ' I . y I i r YEAR AMOUNT YEAR AMOUNT 1985 $ 50,000 1994 $ 600,000 1986 100,000 1995 600,000 1987 100,000 1996 650,000 1988 300,000 1997 800,000 1989 400,000 1998 800,000 1990 500,000 1999 800,000 1991 500,000 2000 800,000 1992 500,000 2001 1,000,000 1993 500,000 The Bonds may be redeemed prior to their scheduled maturities, at the option of the County, on the dates stated and in the manner provided in the FORM OF BOND set forth in this order. Section 3. The Bonds shall bear interest per annum at the following rates, respectively, to-w+t: Bonds maturing 1985 through 1995, JD o $ Bonds maturing 193~2 4hxz g ' _3,80% Bonds maturing 199A 4 O $ Bonds maturing 1993 through 1999, Jo.o % Bonds maturing 19_ through 19_, % Bonds maturing 19_ through 19_, % Bonds maturing 19_ through 19_, % Bonds maturing 19_ through 19_, % Bonds maturing a= through a00 , Jr), 0% evidenced by interest coupons which shall appertain to the Bonds and which shall be payable on the dates indicated in the FORM OF BOND set forth in this order. i Section 4. The Bonds, and the interest coupons apper- taining thereto, shall be payable, shall have the character- istics, and shall be signed and executed (and the Bonds shall be sealed), all as provided and in the manner indicated in . the FORM OF BOND set forth in this order. Section S. The form of the Bonds, including the form of registration certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of -2- -01, P PAGE,3J . + v _ _.._.~_r ...a • i•~....I.. LL._. _w....~t W.w...,-r+r~4r~.JJ• _•'i~. - _ 1 • VOL-LPAGE 30- the Bonds, and the form of the aforesaid interest coupons i. which shall appertain and be attached initially to each of i the Bonds, shall be, respectively, substantially as followss FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS i COUNTY OF BRAZOS BRAZOS COUNTY, TEXAS PERMANENT IMPROVEMENT BOND SERIES 1981 i ON MAY 1, , BRAZOS COUNTY, TEXAS (the "County"), promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of S per annum, evidenced by interest coupons payable November 1, 1981, and semiannually thereafter on each May 1 and ~November 1 while this Bond is outstanding. The principal of i this Bond and the interest coupons appertaining hereto shall ii be payable to bearer, in lawful money of the United States of i America, without exchange or collection charges to the bearer, a upon presentation and surrender of this Bond or proper interest ~i coupon at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, i which shall be the paying agent for this series of Bonds. THIS BOND is one of a series of negotiable, serial, cou- pon Bonds, dated May 1, 1981, numbered consecutively from 1 i through 1800, in the denomination of $5,000 each, issued in the aggregate principal amount of $9,000,000 in accordance with the Constitution and laws of the State of Texas, including particularly Article 2370b, V.T.C.S., and pursuant to an order duly adopted by the Commissioners Court of the County for the purpose of providing $8,480,000 for CONSTRUCTING ADDITIONS AND I IMPROVEMENTS TO THE EXISTING COURTHOUSE AND JAIL BUILDING, and $520,000 for PURCHASING, CONSTRUCTING, RECONSTRUCTING, REMODELING, • f-• IMPROVING AND EQUIPPING AN OFFICE BUILDING OR BUILDINGS, OR -3- ems. lip ' r • a R ~f: - , , t •r. r/. • o IN Y • f i T"A COURTS BUILDING OR BUILDINGS, OR JAIL BUILDING OR BUILDINGS (IN ADDITION TO THE EXISTING COURTHOUSE AND/OR JAIL), INCLUDING THE PURCHASING AND IMPROVING OF THE SITE OR SITES FOR ANY OF SUCH BUILDINGS. ON MAY 1, 1991, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, the outstanding Bonds of this series may be redeemed prior to ' their scheduled maturities, at the option of the County, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the principal amount thereof and accrued interest thereon to the date fixed for any such redemption. At least thirty days prior to the date fixed for any such redemption, the County shall cause a i written notice of such redemption to be mailed to the bank at which the Bonds are payable and published at least once in a financial publication published in the City of New York, New York, or in the City of Austin, Texas. By the date fixed for any such redemption, due provision shall be made with the paying agent for the payment of the required redemption price. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities; and they shall not be re- garded as being outstanding except for the purpose of being paid by the paying agent with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, 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 issuance and delivery of this Bond, have been performed, existed, and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the County and have i -4- VOLL.PAGE .33 VOL.LPAGE...Y- been pledged for such payment within the limits prescribed by law. I r i I• r ~ I IN WITNESS WHEREOF, the Commissioners Court of the County has caused the official seal of said Commissioners Court to be impressed, or placed in facsimile hereon, this Bond to be signed by the County Judge, countersigned by the County Clerk, and registered by the County Treasurer, by their facsimile signatures, and the interest coupons hereto attached to be signed by the facsimile signatures of the County Judge and County Clerk. xxxxxxxxxxxxxx County Judge, Brazos County, Texas COUNTERSIGNED: xxxxxxxxxxxxxxxxxx County Clerk, Brazos County, Texas REGISTERED: (SEAL) xxxxxxxxxxxxxx County Treasurer, Brazos County, Texas FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I HEREBY CERTIFY that this bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal this . xxxxxxxxxxxxxxx Comptro ler o Public Accounts (SEAL) of the State of Texas FORM OF INTEREST COUPON: No. $ ON 1, , BRAZOS COUNTY, in the State of Texas, hereby PROMISES TO PAY TO BEARER, without exchange or collection charges, the amount i I 11` ' shown on this interest coupon, in lawful money of the United l States of America, unless due provision has been made for the ~I redemption prior to maturity of the Bond to which this coupon li i r a Ij q. l 4 J ^j ,r r a , 1 i . I i • 1 Lµ,•4. i(j,`~.. I appertains, upon presentation and surrender of this interest coupon, at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, said amount being interest due that day on the Bond bearing the number hereinafter designated of that issue of BRAZOS COUNTY, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1981, dated May 1, 1981. Bond No. xxxxxxxxxx xxxxxxxxxx County Clerk County Judge r Section 6. The approving opinion of Vinson & Elkins, ! Houston, Texas, and Cusip Numbers may be printed on the backs of the Bonds, but errors in or omission of such printed opinion, or errors in or omissions of such numbers, shall have no effect 0° whatever on the validity of the Bonds. Section 7. A special fund or account, to be designated the "Brazos County, Texas, Permanent Improvement Bonds, Series 1981, Interest and Sinking Fund" (hereinafter called the "Inter- est and Sinking Fund"), is hereby created and shall be estab- lished and maintained by the County at an official depository bank of the County. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the County and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and col- lected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest coupons appertaining thereto are outstanding and unpaid, the Commis- sioners Court of the County shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of the Bonds as I such principal matures, but never less than 2% of the original principal amount of the Bonds as a sinking fund each year; and -6- n VOL, P PAGE 35 r i i I i , { ,i { I I, 14; 1 i i -1 -7- . F t 4 A -~'1►~ -47 T1fr.~~ l Y®U._PAGE..,?_6 said tax shall be based on the latest approved tax rolls of the County, with full allowance being made for tax delinquen- cies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the County for each year while any of the Bonds or interest coupons appertaining thereto are outstanding and unpaidt and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment within the limits prescribed by law. Section 8. Immediately following delivery of the Bonds to the purchaser thereof, the accrued interest and premium, if any, shall be deposited in the Interest and Sinking Fund. Section 9. The Commissioners Court certifies that based upon all facts and estimates now known or reasonably expected to be in existence on the date the Bonds are delivered and paid for, the Commissioners Court reasonably expects that the pro- ceeds of the Bonds will not be used in a manner that would cause the Bonds or any portion of the Bonds to be an "arbitrage bond" under Section 103(c)(2) of the internal Revenue Code of 1954, as amended, and the regulations prescribed thereunder. Further- more, all officers, employees and agents of the County are au- thorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Commissioners Court as of the date the Bonds are delivered and paid for. In particular, all or any officers of the Count are authorized to certify for the County the facts and circum- stances and reasonable expectations of the County on the date the Bonds are delivered and paid for regarding the amount and use of the proceeds of the Bonds. Moreover, the Commissioners f s ~ F t , Court covenants that it shall make such use of the proceeds of the Bonds, regulate investments of proceeds of the Bonds and take such other and further actions as may be required so that the Bonds shall not be "arbitrage bonds" under Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, and the regu- lations prescribed from time to time thereunder. Section 10. The County Judge of the County is hereby au- thorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Bond; and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of the Bonds. Section 11. The Bonds are hereby sold and shall be de- livered to for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ , sub- ject to the unqualified approving opinions, as to the legality of the Bonds, of the Attorney General of the State of Texas J and of Vinson & Elkins, Houston, Texas, market attorneys. Section 12. The County Judge, County Clerk, County Trea- surer and other appropriate officials of the County are hereby authorized and directed to do any and all things necessary or i convenient to carry out the provisions of this order. Section 13. The Official Notice of Sale, Official Statement and Official Bid Form submitted to this Commissioners Court are hereby approved for use in connection with the solicitation of bids for and sale and distribution of the Bonds. -8- V®L.P....PAGE 37 6 iI VOLLYAGIE -3S Section 14. It is hereby officially found and determined that the need of the County for such financing creates an emer- gency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the Commissioners Court at which this order is adopted and for the adoption of this order; and the NOTICE OF MEETING relating to said meeting and hereto- fore posted by the County Clerk, and the posting thereof, is hereby authorized, approved and ratified. PASSED AND APPROVED this 27th day of April, 1981. ,i ;I { J,., i ~S 1 .I i t 1 Zo ~C- A_Ae~ oun Judge C ftrmt issi r, recinct o• Commissioner, Precinct No. 2 Comm ssr ATTEST: ommissioner, Preci ct No. 4 County Clerk and Ex-Officio Clerk of the Commissioners Court of Brazos County, Texas (COMM.CT.SEAL) -9- 177, i 7• .~h t. N *_1 . a The foregoing minutes have been examined and approved in open Court this the -PA' day of (1, 198, in Bryan, Brazos County, Texas. 4, PeLv~~j - o mgreen County Judge OC4,,e~ sill J ey Commis; her, Precinct Walter Wilcox Bi y E Bear Commissioner, Precinct 2 Commis 'over, Precinct 3 A. tasny ran Boris ie Commissioner, P cinct 4 County Clerk t1 r ~I 4 t JI i' ii J~ _I •y ••I r% - V®L.P.P'AGE~2.9