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Home My WebLink About1981-05-11-1000AM-RegularI VOLZPAGE COMMISSIONERS' COURT REGULAR MEETING MAY 11, 1981 A regular 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, May 11, 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 attendances .f a ti f~ I~ I r f' I Dan Colunga Sheri Toumbs Mary Nichols Arnold Dittfurth Art Cory Linda Spears Robert McConkie J. H. Badger Janet Lou Sisggin Van Kinerd Jim Thompson Jim Beamer Davis McGill Bill Davie Pete Petersburge Richard Fronterhouse Katherine Fronterhouse Louis Garcia, Jr. Colunga & Associates Treasurer's office County Auditor County Auditor's office Honeywell Honeywell Arizola Corp. Sperry Univac NCR Auditor's office KBTX-TV Sheriff's office A. G. Edwards & Sons KAMU-TV KAMU-TV Constable Pct. 4 Citizen Citizen The Court received, approved and ordered filed as sub- mitted the following reports for April, 1981: W. T. Sistrunk, County Extension Agent; Mike McKinney, County Extension Agent; C. Jack Hunter, County Extension Agent; Mable Walker, County Extension Agent; Wanda L. Pope, County Extension Agent. The Court received, considered and approved the following reports from County and Precinct Officers showing official fees of office collected and remitted to the County Treasurer ..according to duplicate copies of the Treasurer's Official receipts attached thereto: w; SVZ r i I 1'' I r nor" P - i 1-q 11 r REPORTS FOR APRIL - MEETING OF MAY FRANK BORISKIE, COUNTY CLERK: ` i Fees $24,313.05 County Judge's Fees-------------------------------------- 1,091.50 County Attorney's Fees----------------------------------- 2,264.00 Sheriff's Fees------------------------------------------- 1,881.25 Sanitary Disposal---------------------------------------- 1,120.00 Law Library Fees----------------------------------------- 506.50 Fines---------------------------------------------------- 10,250.00 Criminal Justice Fees--(59)------------------------------ 295.00 Law Enforcement Education Fund--------------------------- 59.00 I Victims of Crime Fund------------------------------------ 560.00 TOTAL COUNTY CLERK'S FEES $42,340.30 W. D. BURLEY, DISTRICT CLERK: Fees-----------------------------------------------------$ 69544.90 Sheriff's Fees------------------------------------------- 1,661.00 Sheriff's Jury Fees-------------------------------------- 620.00 District Attorney's Fees--------------------------------- 356.00 Fines---------------------------------------------------- 10120.00 Trial and Jury Fees-------------------------------------- 90.00 Law Library Fees-------------------------------------- 930.00 Criminal Justice Fees--(9) 90.00 Law Enforcement Education Fund--------------------------- 9.00 Victims of Crime Fund------------------------------------ 75.00 TOTAL DISTRICT CLERK'S FEES-----------------------------------$11,495.90 ^R JEFFREY K. BROWN, COUNTY ATTORNEY FEES $ 2,755.00 TRAVIS B. BRYAN, DISTRICT ATTORNEY FEES-----------------------$ 230.00 E. A. WENTRCEK, JR., CHIEF JUVENILE PROBATION OFFICER FEES $ 1,275.00 DAN RICHARD BETO, CHIEF ADULT PROBATION OFFICER FEES----------$12,428.85 I BOBBY H. YEAGER, SHERIFF FEES $ 4,782.50 B. H. DEWEY, JR., JUSTICE OF PEACE, PRECINCT 4, PLACE 1: Fines $ 110.00 Sheriff's Fees------------------------------------------- 3.50 Constable's Fees----------------------------------------- 195.00 Small Claim & Civil Fees--------------------------------- 164.00 Criminal Justice Fees--(4) 10.00 Law Enforcement Education Fund--------------------------- 4.00 Miscellaneous------------ 19.00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1 FEES--------------$ 505.50 p CAROLYN M. HENSARLING, JUSTICE OF PEACE, PRECINCT 4, PLACE 2: Fines $16,276.85 Sheriff's Fees------------------------------------------- 140.00 Criminal Justice Fees--(549) 1,372.50 Law Enforcement Education Fund--------------------------- 549.00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2 FEES $18,338.35 MICHAEL B. CALLIHAM, JUSTICE OF PEACE, PRECINCT 7, PLACE 1: Fines $ 1,312.50 Constable's Fees----------------------------------------- 520.40 Small Claims & Civil Fees-------------------------------- 182.00 ; Miscellaneous-------------------------------------------- 6.00 Criminal Justice Fees------------------------------------ 115.00 Law Enforcement Education Fund--------------------------- 46.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 1 FEES--------------$ 2,181.90 A. P. BOYETT, JR., JUSTICE OF PEACE, PRECINCT 7, PLACE 2: Fines 3,766.00 Criminal Justice Fees--(161) 402.50 Law Enforcement Education Fund--------------------------- 161.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2 FEES--------------$ 4,329.50 THE BRAZOS CENTER $ 7,849.46 E VOL. L PAGE +1 , COMMISSIONERS' COURT MEETING - MAY 11, 1981 CONTINUED I • VOLe-PAGE t The Court first considered the following bids received for the purchase of a computer system for the county: 1. Sperry Univac: System 80 - $178,383.00 2. Arizola Corp.: Data General Eclipse System, S-140 $121,725.00 3. NCR: Primary Bid - R-2350 - $63,975.71 Alternate Bid - NCR-I 8251 - $62,275.71 4. Honeywell: Level 6 System - $135,843.00 The bids were referred to Dr. Dan Colunga to return with an evaluation and recommendation to the Court. The Court next considered a request by Richard Fronter- house to appoint Louis Garcia, Jr, and Eddie Lohse as Reserve Deputy Constables for Precinct 4. The Court having been furnished with proper Peace Officer certification, Commissioner Cooley moved to appoint Louis Garcia, Jr. and Eddie Lohse as Reserve Deputy Constables for Precinct 4. Motion was seconded by Commissioner Beard and carried unanimously. The Court next considered payment of the statement of R. B. Butler, Inc. for work completed on the modifications to the Brazos County Courthouse Annex and Tax office in the amount of $78,104.30. On motion by Commissioner Beard, a seconded by Commissioner Cooley, the Court unanimously voted to pay the statement of R. B. Butler, Inc. in the amount of i $78,104.30, 1 The next matter to come before the Court was the state- ment of Jack Cumpton, Architect, for architectural services on the modifications to the Brazos County Courthouse Annex I and Tax office in the amount of $1,249.67. On motion by I Commissioner Cooley, seconded by Commissioner Stasny, the .Court unanimously voted to pay the statement of Jack Cumpton in the amount of $1,249.67. t On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously voted to amend the Road and Bridge 1981 Budget, a copy of which is attached to and made a part of these minutes. i - 1 I, I~ i ,III' 1 t _1W J. `I COMMISSIONERS' COURT MEETING"-;,MAY 11, 1981 CONTINUED On motion by Commissioner Wilcox, seconded by Commissioner Cooley, the Court unanimously voted to amend the Brazos Center 1981 Budget, a copy of which is attached to and made a part of these minutes. On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to advertise for bids for three (3) mobile radios and antennas. On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to advertise for bids for the purchase of one (1) tractor trailer truck and trailer and one (1) dump truck. On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously voted to advertise for bids for the purchase of 700 Object markers and 215 One Lane Bridge signs. The Court next considered the following bids received for the purchase of four (4) police shotguns and one (1) bolt action rifle: 1. Williams Gunsite Company - Shotguns - $181.64 ea. Rifle - $213.30. On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously approved the bid from Williams Gunsite Company and authorized the purchase of the guns. The Court next considered bids received for the pur- chase of a used truck tractor for Precinct 2. 1. Jessie Stanfield AAA Auto Sales: 1965 White freightliner - $10,000.00. 2. Twin City International: 1970 Mac - $8,150.00 1973 White freightliner - $9,500.00. Commissioner Cooley moved to authorize the Commissioner of Precinct 2 to accept the best bid and purchase the equipment. Motion was seconded by Commissioner Beard and carried unani- mously. , mm~~AGE~ 15 i 'I s 1 i i f V , COMMISSIONERS' COURT MEETING - MAY 11, 1981 CONTINUED On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously approved Requests For Change In Status Of Employees as follows: Donny Joe White County Shop James M. Lynch Constable, Precinct 4 Karin Ording County Auditor's office Glenda Strickland County Clerk's office Cheryl Davis County Clerk's office Sue Yanowski County Clerk's office Sue A. Vito County Judge's office Joyce Spagnuolo County Treasurer's office Sharon R. Eastman District Attorney's office Aurelio G. Ochoa Janitorial Aurelio G. Ochoa Janitorial Jesus Maria Cavazos Janitorial Raul Ledezma, Jr. Janitorial Raul Ledezma, Jr. Janitorial Kenneth Marrero Janitorial Tony L. Hernandez Janitorial Cetta Lucas Bridge House Ron Huddleston Bridge House Santos Cabbarrello Bridge House Connie Buttrill Bridge House Terry John Maes Precinct 1 Michael Andrew Paulus Sheriff's office Iris Garza Tax office Kelly D. Nowlin Tajo office Leeann Schwen Tax office The Court proceeded to consider the following Claims submitted by the County Auditor for payment: General Fund Claims 1373 through 1619 Capital Improvements Proposition II Claims 25 through 30 TYC Claims 14 through 22 Law Library Claims 11 Revenue Sharing Claims 14 through 16 County Shop Claims 92 through 100 Precinct 1 Claims 96 through 110 Precinct 2 Claims 95 through 111 Precinct 3 Claims 87 through 101 Precinct 4 Claims 64 through 78 On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously approved payment of the Claims as submitted. All members being present, the Court proceeded to consider f an order amending the Order Authorizing the Issuance of i $9,000,000 Brazos County, Texas, Permanent Improvement Bonds, Series 1981. This Order would amend the date of issuance, the method of numbering, denomination of bonds and the Form of Bond. After having the amendments explained by Davis McGill, Commissioner Cooley moved to adopt the Order for amendment. The motion was seconded by Commissioner Beard and 1 i r s COMMISSIONERS' COURT MELTING' MAY 11, 1981 CONTINUED a t i 1 carried unanimously. A copy of the original Order and the Amended Order are attached to and made a part of these min- utes. y There being no further business to come before the Court, r the meeting was adjourned. ~ I I PAGE 4`50 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL ' . AMENDING THE BUDGET FOR BRAZOS COUNTY FOR YEAR 1981 ' V®L-e-PAGIC 4-o ' on this the 11.- day of May 19_81 at a RPA311 orsession of Commissioners Court the follovEnR were present: , ' R. J. Holms;reen County JudRe Bill J. Cooley Com issioner Prect. Al ! ~ Walter Wilcox Commissioner Prect. 02 Billy E. Beard Commissioner Prect. +03 W. A_Stasny_ Co-mibsioner Prect. i- 1 _-Frank_Boriskie County Cirrk :'ho `-)l l.•trinr proveedir.rs were had: I i T:!;,; w?•i Ma ►~11 19$, the court heard and opprovvii audc. t n-.-`n'^.~nt ° r the year 1981 :or Brazos County. n;7Tt• ,tt. r- ex: en•. S ttJre is nt_'f v-sarv. due to r.nive F`al`l is nu o-r! • , • i-I -in:tre-.en conditions which could not he rt':1Vt+nahly is f.,r -19131 ndonted N9vemb_9 5 980, , or•:^ini: nre hereby aittltrrfrer!. .,n Ac- I In Road _b Bridge Gen,__(ShoR)__ Fence on 15$ 44 4-. -.increase. Precinct. _3 Fencing_ on 158 increase i Tt•'F- C( OF BFA7.O COUNTY 31 D(;E 1 nR THE CO..ISSIONFRS COURT Original to - County Clerk's office to be attached to the adopted budget Cripv to - County Attdi tors nf f ire . - . ~ • _ r-~ r •,--~.w.. - _r,...• .•~[,1"'•"-. . `►•_.•r~•: r~-.may-. -e.. _ , i - • •s F- F K• i ~J}1 i I e' i f- I AMMENDING THE BUDGET FOR BRAZOS COUNTY FOR YEAR 19 ✓ ' On this the 11 day of MA N , 1981. at a Regular session of Commissioners Court the followi ng members were present: R. J. Holmj Zreen County Judge Bill J. Cooley Commissioner Prect. O1 Walter Wilc ox Commissioner Prect. 42 Billy E. Be ard Commissioner Prect. 03 W. A. Stasn y Commissioner Prect. 94 Frank Boris kie County Clerk The following, proceedings were had: THAT 1WEREAS, on Mav 11 , 19 81 the court heard and approved a budget amendment for the year 1981 for Brazos County. WHEREAS, an emergency expenditure is necessary, due to grave public necessity to meet unusual ind unforseen conditions which could not he reasonably included in the original budget for 1981 adopted November 5. 1930 the following amendment(s) to the original are hereby authorized; Increase Department Reason Amount (Decrease) epair The Brazos Center - 12-086-635 - Maintenance ($10,000.00)(decrease) The Brazos Center - 12-086-635 1 - Improvements $ 4,000.00 increase Repair Equipment The Brazos Center - 12-086-635.2 - & Facilities $ 5,000 00 increases The Brazos Center - 12-086-716 - Equipment $ 1,000-00 increase THE COUNTY OF BRA70S I / BY COU TY JUDGE FOR THE COMMISSIONERS COURT Original to - County Clerk's office to be attached to the adopted budget Copy to - County Auditors Office a dOL-LF'AGE4-7. . `i'", • ^ ~i L r . r s r r i~ ~I 4 i I' I % t voL.LPAGE 48 ORDER AUTHORIZING THE ISSUANCE OF $9,000,000 BRAZOS COUNTY, TEXAS, PERMANENT IMPROVEMENT REFUNDING BONDS, SERIES 1981 THE STATE OF TEXAS 5 COUNTY OF BRAZOS 5 WHEREAS, the Commissioners Court of Brazos County, Texas (the "Commissioners Court"), has heretofore authorized issuance of the County's $9,000,000 Permanent Improvement Bonds, Series 1981, dated May 1, 1981; and WHEREAS, the Commissioners Court deems it advisable to re- fund the said bond issue as hereinafter provided; THEREFORE, FEE 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, PERMANENT IMPROVEMENT REFUNDING BONDS, SERIES 1981 (hereinafter called the "Bonds"), are hereby authorized to be issued and de- livered in the principal amount of $9,000,000 for the purpose of refunding all of the County's outstanding Permanent Improve- ment Bonds, Series 1981, dated May 1, 1981. 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: YEAR AMOUNT YEAR AMOUNT 1985 S 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 11000,000 • 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 I~ I~ I t i I , r., I s• , F ` _ ,yam 1 4 ~ ~i_ - _ ti i• - .y .r. ....rw+e"wrrr-... ~.~•w.• .w r s ~ - -ter ~...r~.... ►4 i ' r Section 3. The Bonds shall bear interest per annum at manner provided in the FORM OF BOND set forth in this order. the following rates, respectively, to-wit: Bonds maturing 1985 through 1995, 10.00% Bonds maturing 1996, 9.80% Bonds maturing 1997, 9.90% Bonds maturing 1998 through 2001, 10.00% 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. 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 the Bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of the Bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZOS L BRAZOS COUNTY, TEXAS PERMANENT IMPROVEMENT REFUNDING BOND SERIES 1981 I ON MAY 1, , BRAZOS COUNTY, TEXAS (the "County"), I promises to pay to bearer the principal amount of I FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate -2- VOLYPAGE I . 4 5 1 Y®L6LPAGQt O of % 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 this Bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper interest coupon at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, 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 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 717k-3, V.T.C.S., and pursuant to an order duly adopted by the Commissioners Court of the County for the purpose of refunding all of the County's outstanding Permanent Improvement Bonds, Series 1981, dated May 1, 1981. ON MAY 1, 1996, 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 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 -3- l • • . : • • gyp.. - . •rv..w~~ . • . . • ti • } _ 1 21, E, dry I • 1 F~ COUNTERSIGNED: xxxxxxxxxxxxxx County Judge, Brazos County, Texas xxxxxxxxxxxxxxxxxx County Clerk, Brazos County, Texas (SEAL) A are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturitiest 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 been pledged for such payment within the limits prescribed by law. THE BEARER of this Bond is and shall be subrogated to all the rights and privileges belonging to the bearers of the bonds which have been refunded by the issuance of this Bond and the series of Bonds of which this Bond is a part except as specifi- cally modified by the order authorizing this Bond. 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. REGISTERED: xxxxxxxxxxxxxx County Treasurer, Brazos County, Texas -4- .V®L2.PAGE 51 V®LLPAC E 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 Comptroller 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 shown on this interest coupon, in lawful money of the United States of America, unless due provision has been made for the redemption prior to maturity of the Bond to which this coupon 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 REFUNDING BONDS, SERIES 1981, dated May 1, 1981. Bond No. • xxxxxxxxxx xxxxxxxxxx County Clerk County Judge 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 whatever on the validity of the Bonds. Section 7. A special fund or account, to be designated the "Brazos County, Texas, Permanent Improvement Refunding Bonds, -5- I 1 I i } 7 r r I: _ r 1 I E 7 .f rl 1 I ' i 1 t Series 1981, Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund"), is hereby created and shall be established 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 such principal matures, but never less than 2% of the original principal amount of the Bonds as a sinking fund each year; and 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 unpaid; 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. The proceeds of all taxes collected for or on account of the bonds which are being refunded by issu- ance of the Bonds are hereby transferred to said Interest and -6- it V®L2~_r i GE_n I Sinking Fund, and the proceeds of all such taxes hereafter col- lected shall upon receipt thereof be transferred to said Fund, ~ i. and all moneys now on deposit, or hereafter deposited, in the interest and sinking fund heretofore created for the benefit of I ts the bonds which are being refunded by issuance of the Bonds shall be immediately transferred to the Interest and Sinking Fund. Section 8. 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 being refunded (the "Under- lying Bonds") are delivered and paid for, the Commissioners Court a reasonably expects that the proceeds of the Underlying Bonds will l not be used in a manner that would cause the Underlying Bonds, ~f if the Bonds, or any portion of either of such issues of 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. Furthermore, all officers, employees and agents of the County are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expec- tations of the Commissioners Court as of the date the Underlying Bonds are delivered and paid for. In particular, all or any officers of the County are authorized to certify for the County the facts and circumstances and reasonable expectations of the County on the date the Underlying Bonds are delivered and paid for regarding the amount and use of the proceeds of the Underlying Bonds. Moreover, the Commissioners Court covenants that it shall make such use of the proceeds of the Underlying Bonds, regulate • investments of proceeds of the Underlying Bonds and take such other and further actions as may be required so that neither the Underlying Bonds nor the Bonds shall be "arbitrage bonds" under Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, and the regulations prescribed from time to time thereunder. • Section 9. The County Judge of the County is hereby au- thorized to have control of the Bonds and all necessary records -7- . , • r e i ~ o• ti • I , J t . k f 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. None of the Bonds hereby authorized shall be so registered until all of the bonds being refunded by issuance of the Bonds have been surrendered to and cancelled by the said Comptroller. 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 bf the Bonds and the Bonds, following such registration, shall be delivered to the bearer who surrendered the Underlying Bonds for such exchange and cancellation, subject to the unqualified approving opinions, as to the legality of the Bonds, of the Attorney General of the State of Texas and of Vinson & Elkins, Houston, Texas, market attorneys. Section 10. 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 convenient to carry out the provisions of this order. Section 11. The approving opinion of Vinson & Elkins, Houston, Texas, and Cusip Numbers may be printed on the back of each of the Bonds, but errors or omissions in, or omission of, such opinion or errors in or omissions of such numbers shall have no effect on the validity of the Bonds. Section 12. 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: -8- VO AGE. i i VoL.LPAGEz and the NOTICE OF MEETING relating to said meeting and hereto- fore posted by the County Clerk, and the posting thereof, is i I hereby authorized, approved and ratified. ' PASSED AND APPROVED this 11th day of May, 1981. ze~ 4L~f_1,14_11 Count u ge Commiss er, recinct Commissioner, Precinct No. 4 I~ f~. ATTEST: ounty Clerk and Ex-Officio Clerk of the Commissioners Court of Brazos County, Texas (CO.NM. CT . SEAL) I y 1 . ii 1 r =s` -9- _ r :--r + •-r- -r`----• ~`,r- -+~r+~- t - -ter I • , r - i F ORDER AMENDING AN ORDER AUTHORIZING THE ISSUANCE OF $9,000,000 BRAZOS COUNTY, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1981 r i tl I THE STATE OF TEXAS COUNTY OF BRAZOS § WHEREAS, the Commissioners Court of BRAZOS COUNTY, TEXAS (the "County"), on April 27, 1981, adopted an order autho- rizing issuance of bonds and now desires to amend said order; THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF THE COUNTY OF BRAZOS, TEXAS: Section 1. An order entitled ORDER AUTHORIZING THE ISSUANCE OF $9,000,000 BRAZOS COUNTY, TEXAS, PERMANENT IMPROVE- MENT BONDS, SERIES 1981, heretofore adopted by the Commissioners Court of the County on April 27, 1981, is hereby amended by amending Sections 2 and 5 thereof, respectively, each of which sections shall be and read as follows: "Section 2. The Bonds shall be dated May 1, 1981, shall be numbered consecutively from 1 through 17, shall be in the various denominations shown, and shall mature on May 1 of each of the years, and in the amounts, respectively, as set forth in the following schedule: BOND NOS. YEAR AMOUNT BOND NOS. YEAR AMOUNT 1 1985 $ 50,000 10 199T $ 00,000 2 1986 100,000 11 1995 600,000 3 1987 100,000 12 1996 650,000 4 1988 300,000 13 1997 800,000 5 1989 400,000 14 1998 800,000 6 1990 500,000 15 1999 800,000 7 1991 500,000 16 2000 800,000 8 1992 500,000 17 2001 1,000,000 9 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 i I YOL.LPAGE_,f_"7_ f A • • Vo lu.LPAGEA21- manner provided 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 the Bonds, and the form of the certificate of registration on each of the Bonds, shall be, respectively, substantially as follows: FORM OF BOND NO. $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY, TEXAS PERMANENT IMPROVEMENT BOND SERIES 1981 ON MAY 1, , BRAZOS COUNTY, TEXAS, (the "County"), promises to pay to bearer, or if this Bond is registered, to the registered owner hereof, the principal amount of THOUSAND DOLLARS and to pay interest thereon, from the date hereof to bearer or, if this Bond is registered, to the registered owner here- of, at the rate of % per annum, interest payable No- vember 1, 1981, and semiannually thereafter on each May 1 and November 1 while this Bond is outstanding. The principal of and interest on this Bond shall be payable to bearer or, if this Bond is registered, to the registered owner hereof, in lawful money of the United States of America, without exchange or collection charges to such bearer or registered owner, upon presentation and, in the case of the principal when due, surrender of this Bond at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, which shall be the paying agent for this series of Bonds. -2- f i l 1~ C), i t I THIS BOND is one of a series of negotiable, serial bonds, dated may 1, 1981, numbered consecutively from 1 through 17, issued in the aggregate principal amount of $9,000400 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 pro- viding $8,480,000 for CONSTRUCTING ADDITIONS AND IMPROVEMENTS j TO THE EXISTING COURTHOUSE AND JAIL BUILDING, and $520,000 for PURCHASING, CONSTRUCTING, RECONSTRUCTING, REMODELING, IMPROVING AND EQUIPPING AN OFFICE BUILDING OR BUILDINGS, OR COURTS BUILDING OR BUILDINGS, OR JAIL BUILDING OR BUILDINGS (IN ADDITION TO THE EXISTING COURTHOUSE AND/OR JAIL), IN- CLUDING THE PURCHASING AND IMPROVING OF THE SITE OR SITES FOR ANY OF SUCH BUILDINGS. ON MAY 1, 1991, OR ON ANY INTEREST PAYMENT DATE THERE- AFTER, 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 written notice of such redemption to be mailed to the bank at which the Bonds are payable and either (1) mailed to the registered owners thereof, or (2) 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 given and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby -3- I VOL PAGE 59 , , r f V®LP•PAGEW. automatically shall be redeemed prior to their scheduled j maturities; and they shall not be regarded as being outstand- ing 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 i ad valorem taxes sufficient to provide for the payment of the ( interest on and principal of this Bond, as such interest comes r due and such principal matures, have been levied and ordered to be levied against all taxable property in the County and have been pledged for such payment within the limits pre- scribed by law. THIS BOND shall be transferable by delivery unless regis- tered as to principal in the owner's name upon books of the County to be kept for that purpose at the office of the County f Treasurer, the registrar, such registration to be noted hereon. r After such registration, no transfer of this Bond shall be valid unless made on said books at the request of the regis- ; tered owner hereof, or his duly authorized agent, and simi- larly noted hereon; but this Bond may be discharged from r registration by being in like manner transferred to bearer, whereupon transferability by delivery shall be restored; and t , this Bond may again and from time to time be registered or F made payable to bearer as before. IN WITNESS WHEREOF, this Bond has been signed by the )r County Judge, countersigned by the County Clerk, and regis- t 1 tered by the County Treasurer, and the official seal of the -4- f t . f i ~ I ` i • . K t ' I i V i I ~r ° . I Commissioners Court of the County has been duly impressed, or placed in facsimile, on this Bond. xxxxxxxxxx County Judge, Brazos County, Texas COUNTERSIGNED: xxxxxxxxxx county Clerk, Brazos County, Texas REGISTERED: xxxxxxxxxx County Treasurer, Brazos County, Texas (SEAL) I 4 FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certi- fied 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 xxxxxxxxxx Comptroller of Public Accounts o (SEAL) the State of Texas CERTIFICATE OF REGISTRATION: IT IS HEREBY CERTIFIED that, at the request of the holder of the within Bond, I have this day registered it as to prin- cipal in the name of such holder as indicated in the registra- tion blank below, on the books kept by me for such purpose. The principal of and interest on this Bond shall be payable only to the registered holder named in the below registration blanks. If the last transfer recorded on the books of the Registrar and in the below registration blank shall be to bearer, the principal and interest of this Bond shall be payable to bearer, and such Bond shall be in all respects negotiable. -5- r I ~ i I V®B,JLPAGE12•- Signature o Name of Date of County Treasurer Registered Holder Registration (Registrar) Section 2. The aforesaid order entitled ORDER AUTHORIZING THE ISSUANCE OF $9,000,000 BRAZOS COUNTY, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1981, consisting of a preamble and Sections 1 through 14, heretofore adopted on April 27, 1981, by the Commissioners Court, as hereinabove amended, is hereby approved, ratified, and readopted in full. Section 3. It is hereby officially found and determined that the need of the County for such financing creates an emergency 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 heretofore posted by the County Clerk of Brazos County, and the posting thereof, are hereby authorized, approved, adopted and ratified. PASSED AND APPROVED this 11th day of May, 1981. f i a , I+ 1 ~ I . + AL-Zaw~ le 4,11 Count Judge i Commission , recinct o. -6- 14 f' i I t, f • _ _ _ - .....t'... _-mil - _ _ _ - _ _ _ r ~ 1 Commissioner, Precinct No. 2 5 ATTEST: ounty Cler and Ex-Officio Clerk of the Commissioners Court of Brazos County, Texas I (COMM•CT.SEAL) VOL PAGES -7- 1 i r mmxss er, Pr inct No. wo, - Commissioner, Prec ct No. 4 The foregoing minutes have been examined and approved in open Court this the day of nip- M , IQ. 19&_, in Bryan, Brazos County, Texas. t ] I I, IAARVV"n~~ R. J. H(VIfngrden County Judge Bill i ey Commis er, Precinc 1 f~ a ter Wilcox 411 %11 ear Commissioner, Precinct 2 C is over, Pr cinct 3 tasny ran ores e Commissioner, Precinct 4 County Clerk , I I ~ c I r i i I ~r I I r• I IR- S r