HomeMy WebLinkAbout1982-10-25-1000AM-SpecialCOMKISSIONERS' COURT
SPECIAL MEETING
OCTOBER 25, 198X,,
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 October 25, 1982, with the following members of the
Court present:
R. J. Holmgreen, County Judge, presiding:
Bill J. Cooley, Commissioner of Precinct 1;
Billy E. Beard, Commissioner of Precinct 3;
Frank Boriskie, County Clerk.
The following citizens
and officials
were in attendance:
Tammy Pardi
WTAW
Dann Friedman
Texas ABM Student
Jann Snell
The Eagle
Mark Smith
KBTX
Jackie Mclemore
KBTX
Ray Robertson
Citizen
Ramiro Galindo
Chamber of
Commerce
Steve Arden
Chamber of
Commerce
Debbie Warren
KAMU
Richard C. Moore
KAGC
John Leverette
Candidate
- County Treasurer
Arnold Dittfurth
Auditor's
Office
Betty Miller
Candidate
- Commissioner, Pct. 4
B. V. Elkins
County Tre
asurer
The Court heard a presentation from Steve Arden, Ramiro
Galindo, and Ray Robertson representing the Youth Livestock
Association who requested the use of the Pavillion and Arena
for meetings and showing their animals at no cost and the possi-
bility of leaving the facilities open for free use by youth
groups. After considerable discussion it was recommended that
the group meet with the Advisory Committee for the Brazos Center
and discuss the problem.
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The Court next considered for awarding the following bids
for fencing at the Boonville Cemetery:
1.
Ace Fence Company -
$5,120.15 -
4
days
completion
2.
Franklin Fence Company -
6,500.85 -
14
days
completion
3.
Billy Gordon -
7,071.10 -
10
days
completion
4.
Barbin Fence, Inc. -
8,550.00 -
30
days
completion
5.
Sears Roebuck -
6,821.19 -
10
days
completion
6.
Geno Services
6,843.00 -
14
days
completion
7.
Associated Fence -
7,572.92 -
10
days
completion
8.
American Fence Company -
6,500.85 -
14
days
completion
9.
Hurricane Fence Company -
6,895.00 -
17
days
completion
10.
A. Orozco Fencing
6,272.75 -
30
days
completion
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Company in the amount of $5,120.15 and to award the contract
to such Company, with construction to start in five days, and
to amend the budget appropriately. The motion was seconded
by Commissioner Cooley and carried unanimously. A copy of such
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Commissioner Beard moved to accept the low bid of Ace Fence
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budget amendment is attached hereto.
On motion by Commissioner Cooley, seconded by"Commissioner
Beard the Court voted unanimously to approve the following bud-
get amendments:
1. Health Department
2, Non Departmental
3. Brazos Center
4. Landfill
5. Various Departments for payment of health insurance
for county employees.
Copies of such amendments are attached to and made a part of
these minutes.
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Next to be considered was a "RESOLUTION APPROVING RESOLU-
TION BY THE BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
PROVIDING FOR THE ISSUANCE OF BRAZOS COUNTY INDUSTRIAL DEVELOP-
MENT CORPORATION FLOATING RATE MONTHLY DEMAND INDUSTRIAL DEV-
ELOPMENT REVENUE REFUNDING BONDS (NORTON COMPANY PROJECT)."
On motion by Commissioner Beard, seconded by Commissioner Cooley
the Court voted unanimously to adopt the Resolution, a copy of
which is attached to and made a part of these minutes.
On motion by Commissioner Cooley, seconded by Commissioner
Beard the Court voted unanimously to approve the Change of Status
for the following employees:
Peggy Sue Eickenhorst
James Joe Vavra
Evelyn Jean Jordan
Lisa Rosser
Gregory H. Parsons
Fredrick Rapczyk
David Wayne Stallings
Health Department
Road & Bridge - Pct. 3
Tax Office
Brazos Center
Health Department
Road & Bridge - Pct. 3
Road & Bridge - Pct. 3
The Court next considered the following claims submitted by
the County Treasurer for payment:
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General Fund
- Claims
4950
through
5065
Law Library
, -.Claims
26
through
29 Y r.
Revenue Sharing
- Claims
37
through
38
Juvenile Commission Grant
-,Claims
8
through
11
'4` Road & Bridge Shop
- Claims
242
through
251
Road & Bridge Precinct
1
- Claims
261
through
269
• Road & Bridge Precinct
2
- Claims
269
through
281
Road & Bridge Precinct
3
- Claims
285
through
295
Road 6 Bridge Precinct
4
- Claims
225
through
230
On motion by Commissioner Beard, seconded by
Commissi
oner Cooley
the Court voted unanimously
to
approve the cl
aims as
submitted.
' There being no further
business;the
Court- adjourned.
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The foregoing minutes have been examined and approved in
open Court this the day of ✓
19_, in Bryan, Brazos County, Texas.
R. t J o mgree
Cou ty Judge
a ter cox
Commissioner, Precinct 2
~G6
W. tasny
Commissioner, Prec ct 4
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-Bill qoo~dy
Commissi r, Precinct 1
7
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Comm' ioner, Precinct 3
Frank Borisk
County Clerk
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/ BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT FOR THE 1982 BUDGET YEAR
On this the 25th day of October , 19 82, at a Special
session of Comma s oners Court e o owing members were present:
R _T HQT.MG FF_N , County Judge
-BILL J. COOLEY , Commissioner, Precinct 1
Commissioner, Precinct 2
BILLY E BEARD , ,Commissioner, Precinct 3
W. A STASNY , Commissioner, Precinct 4
yThe following proceedings were held:
THAT WHEREAS, onOctober 25, , 19 82 the Court heard and approved
a budget amendment or the' Bu get year for Brazos County, Texas.
WHEREAS, an emergency expenditure is necessary, due to grave public
necessity to meet unusual and unforseen conditions which could Mlbe
reasonably included in the original budget adopted December ,
the following amendement(s) to the original are hereby author-11-07-
Increase
Account No. Department Reason Amount (Decrease)
Fencing o 300MITO
42-68-6371 Revenue Sharing Cemetery $5,125
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THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BY: , COUNTY JUDGE
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BRAZOS COUNTY, TEXAS3 O
/
BUDGET AMENDMENT FOR THE 1982 BUDGET YEAR
r'
On this the 25th day of Oc - , 19_B2 , at a
session of Commissioners- Court the o owing members wer present:
R. J. Holmgreen , County Judge
Bill J. Cooley , Commissioner, Precinct 1
Walter Wilcox Commissioner, Precinct 2
Billy E. Beard , Commissioner, Precinct 3
W. A. Stasny , Commissioner, Precinct d
The following proceedings were held:
THAT WHEREAS, on , 19 the Court heard and approved
a budget amendment for the Bu get ar for Brazos County, Texas.
WHEREAS, an emergency expenditure is necessary, due to grave public
necessity to meet unusual and unforseen conditions which could not be
reasonably included in the original budget adopted December 6, 19go,
the following amendement(s) to the original are hereby authorized:
Increase
Account No. Department Reason Amount (Decrease)-
10-14-5615 Non Departmental ontract or
Copiers 4-000
d replaceme t of
10-28-6214 Brazos Center P.-A, Sy em 750
10-28-5310 11 go (750)
10-34-5624 sand Fill Contract Labor 2,500
A
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FRANK R(1RICKIF
rpunlT CM14 Bna unq. Ones. Tangs
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THE CO lISSIONERS' OURT OF BRAZOS COUNTY, TEXAS
BY: , COUNTY JUDGE
Original s County Clerk's Office to be attached to original budget
Copy v County Auditor's Office
Copy - Commissioners' Court minutes
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BRAZOS COUNTY,
TEXAS
29
BUDGET AMENDMENT FOR THE
19-'2/ BUDGET YEAR
Y
On this
the 25th day of October
19 82, at a Sp
ecial
session
of Comm sioners Court a fo
lowing members were present:
t
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R. J.
Holmgreen
County Judge
r;
Bill
J. Cooley
Commissioner,
Precinct 1
;
Commissioner,
Precinct 2
Billy
E. Beard
Commissioner,
Precinct 3
i
W. A. Stasny , Commissioner, Precinct 4
The following proceedings were held:
THAT WHEREAS, on October 25, 19 82 the Court heard and approved
a budget amendment or the Bu get year for Brazos County, Texas.
WHEREAS, an emergency expenditure is necessary, due to grave public
necessity to meet unusual and unforseen conditions which could not be '
reasonably included in the original budget adopted December 8. 1 81_.
the following amendement(s) to the original are hereby authorized:
Increase
Account No. Department Reason Amount (Decrease)
10-47-8110 Welfare Dept. To transfer fund
d _ Health Dept. to health Dent Flinn 1.8-,.0.40
This is money that was appropriated in the Health nppt, RitAg~et for 1982
and is being tranferred from the General Fund to the Health neat., Fund
EILED'
At,Ll_0'cl0Cic_-"
OCT 2 7 1982
FRANK BORISKIE
THE CO ISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BY. , COUNTY JUDGE
Original - County Clerk's Office to be attached to original budget
Copy - County Auditor's Office
Copy - Commissioners' Court minutes
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BRAZOS COUNTY,
'TEXAS
82
$
BUDGET
AMENDMENT FOR THE,
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On this the 25thday of October 19 82, at a Special
session of•Co ssioners Court t e fo owing members were present:
R. J. Holmgreen
, County Judge
Bill J. Cooley s Commissioner, Precinct 1
WHtkRxx&Iataex , Commissioner, Precinct 2
Billy E. Bard , Commissioner, Precinct 3
W. A. Stasny o Commissioner, Precinct 4
,The following proceedings were held:
THAT WHEREAS, on October 25, 1982 , 19 the Court heard and approved
a budget amendment or the 1982 Bu get year for Brazos County, Texas.
WHEREAS, an emergency expenditure is necessary, due to grave public
necessity to meet unusual and unforseen conditions which could not be
reasonably included in the original budget adopted December 8, 1981,
the following amendement(s) to the original are hereby authorized:
Increase
Account No. Department Reason Amount (Decrease)
See attached list of accounts and amounts.
Ptn u2nRc2ffHp h Emp. I
t1L ED
6,1161 Wuptr. Bryon. Texas
1 1 / , - .
THE C ISSIONERSL COURT OF BRAZOS COUNTY, TEXAS
BY: , COUNTY JUDGE Vo PAGE 3107
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ACCOUNT NO.
INCREASE '
DEPARTMENT NAME
FD DP #
DECREASE
K
Commissioners Court 10
10 5122
300
County Clerk !
11
1700
Non-Departmental a
14 ,500
County Court At Law = x
15
300
85th.District Court
16
700
272nd. District Court
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17
400
Court Administrator
18
100
• - . ;
District Clerk
, ~ ~ ' : + - •t
19
's . •
1100
'
Justices of Peace
20
41200>
County Attorney
21
1300
4 w
District Attorney
22
2100
County Auditor ~
24 h
1100
County Treasurer r y L ?
25 , ; • ,
1100
Tax Assessor Collector
26
1600
I "e,
Data Processing
27
r 100
Brazos Center
28 =
900
;r
Constables
30
<240)
Sheriff -
' 31
10200
.
Juvenile Probation
32
2200
Sanitary Land Fill
34
600
4-1
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35
1000
.
.
4-2 "t
P
36
1000
.
J. P. 7-1
37
600
J. P. 7-2 10
38 5122
1000
J. P. 1-3 & 5
39 -
600
Conservation & Agriculture
48
1500
Constable Pct. 4
55
500
Constable Pct. 7
56
400
Constable Pct. 1.3,5
57
" 300
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Building & Yards'
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70
;~.';l,kt. 500
D. A. Prosecutor Grant
.
73
200
R & B General 20
40 5122
1500
R & B Pct. 1
41
600
F,
R & B Pct. 2
-
42
,
l:.•: ~
1300
t,r:•s,,,nc+4
R & B Pct
: 3
- -
43
: •
2300
.
R & B Pct. 4 44 1000
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RESOLUTION APPROVING RESOLUTION BY THE
° BRAZOS COUNTY INDUSTRIAL
DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE-
OF BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
FLOATING RATE MONTHLY DEMAND INDUSTRIAL
DEVELOPMENT REVENUE REFUNDING BONDS
(NORTON COMPANY PROJECT)
WHEREAS, the Brazos County Industrial Development
Corporation (the "Issuer") was created by Court of Brazos
County, Texas (the "Unit") pursuant to the provisions of the
'
Development
Corporation Act of 1979, Article 5190.6,
Vernon's Texas Civil Statutes, as amended (the "Act"); and
WHEREAS, it is deemed necessary and advisable that
this Resolution be adopted;
THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S
COURT OF BRAZOS COUNTY, TEXAS THAT:
Section 1. The Resolution Authorizing Brazos
k
- County Industrial Development Corporation Floating Rate
Monthly Demand Industrial Development Revenue Refunding
Bonds (Norton Company Project); a Loan Agreement; an
Indenture of Trust; Approval of a Letter of Credit; a Bond
Purchase Agreement; Approval of a Composite Official
~
Statement; and Other Matters in Connection Therewith,
adopted by the Issuer on October 25, 1982 (the
"Resolution"), a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is
hereby specifically approved,
Section 2. The approval herein given is in
accordance with the provisions of Section 25(f) of the Act
and is not to be construed as any undertaking by the Unit,
and such bonds shall never contitute an indebtedness or
pledge of the Unit, or the State of Texas, within the ;
meaning of any constitutional or statutory provision, and i
the holder of such bonds shall never be paid in whole or in
part out of any funds raised or to be raised by taxation or a
any other revenues of the Issuer, the Unit, or the State of
Texas except those revenues assigned and pledged by the
p
Resolution.
Section 3. The programs and expenditures
authorized and contemplated by the aforesaid documents are
hereby in all respects approved.
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RESOLUTION AUTHORIZING v
BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
FLOATING RATE MONTHLY DEMAND
INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS
(NORTON COMPANY PROJECT);
A LOAN AGREEMENT; AN INDENTURE OF TRUST;
APPROVAL OF A LETTER OF CREDIT; A BOND PURCHASE
AGREEMENT; APPROVAL OF A COMPOSITE OFFICIAL STATEMENT;
y
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, pursuant to the Development Corporation
Act of 1979, Article 5190.6, Vernon's Texas Civil Statute,
as amended (the "Act"), the Brazos County Industrial
Development Corporation (the "Issuer"), on behalf of Brazos
County, Texas (the "Unit"), is empowered to finance the cost
of projects to promote and develop industrial and manu-
facturing enterprises to promote and encourage employment
and the public welfare by the issuance of obligations of the
Issuer which projects will be inside the Unit's boundaries.
WHEREAS, Norton Company, a Massachusetts c.
corporation (the "User"), has requested the Issuer to ,
finance the cost of acquiring, constructing, reconstructing,
improving, or expanding, as the case may be, an industrial
project (the "Project");
WHEREAS, on August 20, 1980, the Issuer adopted a
"Resolution Concerning Issuance of Bonds to Finance a
Project for Norton Company" (the "Initial Resolution");
WHEREAS, in order to provide interim financing for
the cost of the acquisition and construction of the Project,
the Issuer has authorized, sold, and delivered its bonds
styled, "Brazos County Industrial Development Corporation
Industrial Development Revenue Bonds (Norton Company
Project) Series 1981" (the "Refunded Bonds");
wHEREAS, in furtherance of the purposes of the
Act, and as part of the Issuer's plan of permanent financing
for the Project, the Issuer proposes to issue bonds styled,
"Brazos County Industrial Development Corporation Floating
Rate Monthly Demand Industrial Development Revenue Refunding
f' Bonds (Norton Company Project)"; and
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WHEREAS, there have been presented to the Issuer
r*~=-- ro osed forms of a h f th f 11
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1. Loan Agreement, dated as of November 1, 1982,
(the "Agreement"), between the Issuer and the User,
including a promissory note from the User to the Issuer in
the principal amount of the Bonds (the "Note");
2. Indenture of Trust, dated as of November 1,
1982,, (the "-Indenture"), between the Issuer and Texas
Commerce Bank National Association, Houston, Texas (the'
"Trustee");
3. Bond Purchase Agreement, dated as of October
25, 1982 (the "Bond Purchase Agreement"), among the Issuer
and E. F. Hutton & Company, Inc. (the "Underwriter"); and
4. A Preliminary Composite Official Statement
relating to the Bonds (the "Preliminary Composite Official
Statement").
THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE BRAZOS COUNTY INDUSTRIAL DEVELOPMENT
CORPORATION THAT:
Section 1. Based solely upon the representations
made to the Board of Directors (the- "Board") and to the
Texas Industrial Commission by the User, it appears and the
Board hereby finds that:
A. The Project is suitable for the promotion
of manufacturing or industrial development
and expansion; and
B. Additionally:
(i) The Project will have an impact of
increasing employment within the
Unit's boundaries; and
(ii) the Project is in furtherance of the
public purposes of the Act. -
Section 2. The Board hereby approves the Agree-
ment in substantially the form and substance presented to
the Board and the President or Vice President is hereby
authorized and directed, for and on behalf of the Issuer, to
date, sign, and otherwise execute the Agreement, and the
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Secretary or any Assistant Secretary is authorized and
directed for and on behalf of the Issuer to attest the
Agreement, and such officers are hereby authorized to
deliver the Agreement. Upon execution by the parties
thereto and delivery thereof, the Agreement shall be binding
upon the Issuer in accordance with the terms and provisions
thereof.
Section 3. The Bonds in the aggregate principal
amount of $2,000,000 or such lesser amount as shall be
approved by any officer of the Issuer at or prior to
delivery of the Bonds, are authorized to be issued for the
purpose of refunding the Refunded Bonds. The Board hereby
approves the Indenture in substantially the- form and
substance presented to the Board and the President or Vice
President is authorized and directed for and on behalf of
the Issuer to date, sign, and otherwise execute the
Indenture and the Secretary or any Assistant Secretary is
hereby authorized to attest the Indenture and such officers
are hereby authorized to deliver the Indenture. The details
of the Bonds shall be as set forth in the Indenture.
Section 4. The Board hereby approves the Bond
Purchase Agreement among the Issuer, the Underwriter, and
the User, in substantially the form and substance presented
to the Board and the President or Vice President is
authorized and directed for and on behalf of the Issuer, to
date, sign, or otherwise execute the Bond Purchase Agreement
and the Secretary or any Assistant Secretary is hereby
'authorized to attest the Bond Purchase Agreement on behalf
of the Issuer and such officers are hereby authorized to
deliver the Bond Purchase Agreement.
Section 5. The Board hereby approves a letter of
credit to be issued by Banker Trust Company in favor of the
Trustee in connection with the Bonds. Any officer of the
t Board is hereby authorized and directed for and on behalf of
the Issuer to date, sign, and otherwise execute, and 'to
accept delivery of, any documents required or contemplated
; by such letter of credit.
Section 6. The Preliminary Composite Official
r Statement proposed to be distributed in connection with the
sale of the Bonds in substantially the form and substance
presented to the Board is hereby approved. Distribution of
the Preliminary Composite Official Statement and preparation
and distribution of a final Composite Official Statement in
connection with the Bonds,is hereby authorized.
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/ Section 7. The President and Secretary are hereby
each authorized and directed to execute the Bonds, or have
thiir facsimile signatures placed upon the Bonds, and each
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is hereby authorized and directed to deliver the Bonds, and
the seal of the Issuer is hereby authorized and directed to
be affixed or placed in facsimile on the Bonds.
Section 8. Texas Commerce Bank National
Association, Houston, Texas is hereby appointed as Trustee
under-the indenture.
Section 9. The sale of the Bonds to the
Underwriter at a price of 100% of the principal amount of
the Bonds is hereby authorized and approved.
Section 10, The President, the Vice President, or
the Secretary is hereby authorized to execute and deliver to
the Trustee the written order of the Issuer of the
authentication and delivery of the Bonds by the Trustee in
accordance with the Indenture.
Section 11. All action (not inconsistent with
provisions of this Resolution) heretofore taken by the Board
and officers of the Issuer directed toward the financing of
the Project and the issuance of the Bonds be and the same
hereby is ratified, approved, and confirmed.
Section 12. The officers of the Issuer shall take
all action in conformity with the Act, if necessary, or
reasonably required to effectuate the issuance of the Bonds
and take all action necessary or desirable in conformity
with the Act to finance the Project and for carrying out,
giving effect to, and consummating the transactions
contemplated by the Bonds, the Initial Resolution, this
Resolution, including without limitation, the execution and
delivery of any closing documents in connection with the
issuance of the Bonds.
Section 14. The officers executing the documents
approved by this Resolution are authorized to approve the
lists of bond issues contained in Exhibit E and Exhibit G to
the Indenture, the fixed rate of interest on the Bonds for
the first Interest Period (as defined in the Indenture), and
such changes to the documents approved by this Resolution as
are necessary and appropriate and not contrary to the
general tenor thereof.
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THE POOR QUALITY
OF ORIGINAL
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Section 15. Aftei any of the Bonds are issued,
this Resolution shall be and remain irrepealable until the
•Bonds or interest thereon shall have been fully paid or
provisions for payment made pursuant to the Indenture.
Section 16. If any section, paragraph, clause,
provision of the Resolution shall be held to be invalid or
unenforceable, the invalidity or unenforceability of such
section, paragraph, clause, provision shall not affect any
of the remaining provisions of this Resolution. In case any
obligation of the Issuer authorized or established by this
Resolution or the Bonds or interest coupons appertaining
thereto is held to be in violation of law as applied to any
person or in any circumstance, such obligation shall be
deemed to be the obligation of the Issuer to the fullest
extent permitted by law. ,
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