HomeMy WebLinkAbout1982-11-22-1000AM-Speciali
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COMMISSIONERS' COURT , f
SPECIAL MEETING 7
NOVEMBER 22, 1982
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, November 22, 1982, 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;
Frank Boriskie, County Clerk.
' The following citizens
and officials were in attendance:
Van Kinerd
County Auditor
William S. Thornton
Attorney
M. Paul Martin
Attorney
Anne Cherrington
Reynolds, Allen, Cook
Mark Gagliardo
Allen Academy
Jose' Yglesias
Allen Academy
J. G. Garza
Allen Academy
J. R. Longoria
Allen Academy
Michael Lewis
Allen Academy
=1 Stephanie Smestien
Allen Academy
Alvin Johnson
Allen Academy
Reed Sealy
Allen Academy
i Yeo Lopez
Allen Academy
Victor Lewis
Allen Academy
Mrs. K. K. Leonard
Allen Academy
Arnold Dittfurth
Auditor's Office
! Sharon Fairchild
Auditor's Office
Mark Smith
KBTX
Jackie Mclemore
KBTX
The first matter to come before the Court were requests to
utilize County rights-of-way as follows:
1. Bryan Pi eline Company proposes to install a six
i inch (6"~ oil line in the right of way of Rabbit
Lane in Precinct 4, a distance of 46.06 lineal rods.
for C11r:
2. Ferguson Crossing proposes to install an eight
1l~. o:: c inch (8") natural gas pipeline in the right of way
of Rabbit Lane in Precinct 4, a distance of 46.06
- i lineal rods. ,
3. Advanced Specialties proposes to install a gas
gathering pipeline in the right of way of Rabbit
Lane in Precinct 4, a distance of 3,010 feet.
4. Vanguard Pipeline Corporation proposes to install
a four inch (4") gas pipeline under the right of
way of Jones Road in Precinct 4.
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On motion by Commissioner Stasny, seconded by Commissioner
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Cooley, the Court voted unanimously to approve all applications
and authorized the installation. All applications accompanied
by the proper fee. A copy of each application is attached.
xi Next to be considered were bids for the sale of surplus
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equipment, including adding machines, typewriters (items 1
n through 14) vault door (item 15) as follows:
1. Bryan Auto Salvage
t (a) items 1 through 14 (all or none) $206.00
(b) item 15 $ 45.00
3 2. R. B. Butler, Inc.
(a) item 15 $101.00
(b) item 14 only $ 25.00
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I, On motion by Commissioner Cooley, seconded by Commissioner Stasny
the Court voted unanimously to sell items 1 through 14 to Bryan
Auto Salvage for $206.00, and to sell item 15 to R. B. Butler,Inc.
for $101.00.
'
The Court, having previously received and opened bids, pro-
ceeded to the award of the contract for the modification and addi-
tion to the Brazos County Courthouse, Jack Cumpton, Architect,
advised the Court that he had reviewed all bids received and re-
commended the contract be awarded to Utley James, whose base bid
j
was $6,882,490, alternate A of $80,900, alternate B of $62,700.
+
Alternate A would provide one additional finished courtroom and
alternate B would provide for the maintenance staging of this pro-
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ject. On motion by Commissioner Beard, seconded by Commissioner
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Wilcox the Court voted unanimously to authorize the County Judge
to enter into contract with Utley James on behalf of Brazos County
for the modification and addition to the Brazos County Courthouse.
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Such contract to begin December 1, 1982 with completion of the pro-
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jest to take 475 days. Completion date set for March 20, 1984.
The Court next considered an application by Dennis Davidson
for soil conservation work to be done in the Old Bundick Road area
approximately four miles north of Edge in Precinct 2. Such work
to take approximately four hours. After discussion Commissioner
Stasny made a motion to approve the application and to authorize
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the Commissioner to do the necessary work. The motion was se-
conded by Commissioner Wilcox, with Commissioners Stasny, Wilcox,
and Beard voting "Aye": Commissioner Cooley abstained.
On motion by Commissioner Cooley, seconded by Commissioner
Stasny the Court voted unanimously to approve the Change of Status
for the following employees:
Rosa G. Garcia Health Department
Joseph M. Adams Sheriff's Department
Carole L. Johnson County Attorney's Office
LaNell Dittfurth Linger Juvenile Services
Larry Harrison Precinct 1
William Gray Precinct 1
The Court next considered the following claims submitted:by
the County Treasurer for payment:
General Fund Claims 5245 through 5366
Revenue Sharing Claims 41
Law Library Claims 30 through 32
Road & Bridge Shop Claims 266 through 273
Precinct 1 Claims 294 through 306
Precinct 2 Claims 300 through 315
Precinct 3 Claims 321 through 333
Precinct 4 Claims 243 through 251
On motion by Commissioner Cooley, seconded by Commissioner Stasny
the Court voted unanimously to approve the claims as submitted,
The Court next considered the adoption of the following Re-
solutions:
(a) RESOLUTION APPROVING THE RESOLUTION OF THE
BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
PROVIDING FOR THE ISSUANCE OF BRAZOS COUNTY IN-
DUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DE-
VELOPMENT REVENUE BOND (THE BABCOCK & WILCOX COM-
PANY PROJECT) SERIES 1982
(b) RESOLUTION APPROVING THE RESOLUTION OF THE BRAZOS
COUNTY INDUSTRIAL DEVELOPMENT CORPORATION PROVID-
ING FOR THE ISSUANCE OF BRAZOS COUNTY INDUSTRIAL
DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT RE-
VENUE BONDS (VIKING PUMPING SERVICES CO.PROJECT)
SERIES 1982
On motion by Commissioner Beard, seconded by Commissioner Cooley
the Court voted unanimously to adopt the Resolutions. A copy of
the Resolutions are attached hereto.
There being no further business the Court adjourned.
1OLPP PAGE'1001
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Bill-JK 0o ey
Commi oner, Prec ct 1
i y Beard
Comm ioner, Precinct 3
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The foregoing minutes have been examined and approved in
open Court this the day ofT
19_L, in Bryan, Brazos County, Texas.
R. Y/ o mgreen
County Judge
La, Walter Wie 2a
lcox
Commissioner, Precinct 2
W. ,d& - ~4~1~Ae
W. A. Stasny
Commissioner, Prec ct 4
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Frank Boriskie
County Clerk
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
To the Commissioners' Court of BRAZOS County, Texas
Brazos County Courthouse
Bryan, Texas 77801
Formal notice is hereby given that Bryan Pipeline Com ann r Applicant,
proposes to place a 6" Oil Line within the ie! ght-of-way
of Rabbit Lane in Brazos County, Texas as follows
The location or description of the proposed installation is more fully
shown by three(3) copies of the drawings attached to this notice..
I understand and agree: that:
1. The Commissioner of the Precinct in which the right-ot-way lies
must be notified prior to the beginning of construction in order
that the Commissioner might bo on hand to designate the actual
location of the installation.
a. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the Conunissioner
in which the roadway or right-of-way lies. ,
3.
4.
5.
6.
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That BRAZOS COUNTY reserves the right to require Applicant to re-
locato or lower any such line at no cost to UltAWS CUUivrY, shuuld
same become necessary due to widening or lowering, or other alter-
ation of the roadway or right-of-way.
That BRAZOS COUNTY is in no way responsible for any damage that
might occur to any existing utility lines in the right-of-way.
That the line will be constructed and maintained on the county rigl
of-way in accordance with governing laws.
That the line or lines will bo constructed no less than forty-eight'
inches (48") lower than the lowest part of the drginage or bar diti;
and the drainage is to be considered at least two feet (2') below
the center of the roadway.
7. That all roads be bored to forty feet (40') on either side of the
sight-of-way or cased for such distance.
8. That all sites will be barracaded during the construction period.
Construction of this line will begin on or after the 15_ day of November
•1982
Firms BRYAN PIPELINE COMPANY
By:
Ti tles• lton Hig tower, Senior Landman
Address s 1801 Houston Club Building
Houston, Texas 77002 `
APPROVED BY COMMISSIONERS' COURT
Date: p
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Phone t 713-228-9561 f,
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PROPERTY DESCRIPTION
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Part of the Moses Balne Survey, A-3, of Brazos County, Texas, being
situated across a portion of the Rabbit Lane Right-of-Way tract;
PIPELINE EASEMENT
The Pipeline Easement across the above described property having a
Centerline description as follows;
BEGINNING at Survey Station 0 + 46.0 being the fenced Northwest line of
Willie C. Locke tract, being 113.00 feet Southeast along said Northwest
line of W. C. Locke tract, from the West corner of same, being the
BEGINNING POINT of the pipeline of Rabbit Lane Right-of-Way;
THENCE leaving said BEGINNING POINT S 89°46' W, 8.00 feet to Survey
Station 0 + 54.0 for an angle point;
THENCE N 46°541 W, 752.00 feet to Survey Station 8 + 06.0 being on the
fenced Southwest line of the Henry B. Ransom tract, for the terminal
point of this Easement of Rabbit Lane Right-of-Way, being 311.00 feet
Northeast along said Southwest line of Henry B. Ransom tract, from the
South corner of same.
Covering 46.06 Lineal Rods
EXHIBIT 10A"
November 12, 1982
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1171BZ-FCOZb
RABBIT LANE RIGHT-OF-WAY
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111 NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
R To the Commissioners' Court of BRAZOS County, Texas
i Brazos County Courthouse
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Bryan. Texas 77801 1
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COMPANY
Formal notice is hereby given that FERGUSON CROSSING PIPE LINE Applicant,
proposes to place a 8" Natural Gaa j.pP1 inP within the right-of-way
~ of Rabbit Lane in Brazos County, Texas as follows:
' I
I I The location or description of the proposed instillation is more fully
d' shown by three (3) copies of the drawings attached to this notice..
I understand and agree that:
r 1. The Commissioner of the Precinct in which the right-of-way lies
must be notified prior to the beginning of construction in order
that the Commissioner might be on hand to designate the actual
location of the installation.
j 2. That all damage to the roadways and rights-of-way will be repaired
r" to their original condition to the satisfaction of the Conunlssioner
in which the roadway or right-of-way lies.
h
1. That BRAZOS COUNTY reserves the right to require Applicant to re-
locate or lower any such line at no cost to liltAZOS COU14'1'Y, :,hould
same become necessary due to widening or lowering, or other altar-
ation of the roadway or right-of-way,
4, That BRAZOS COUNTY is in no way responsible for any damage that
might occur to any existing utility lines in the right-of-way.
5. That the line will be constructed and maintained on the county right);
of-way in accordance with governing laws.
6. That the line or lines will be constructed no less than forty-eight +
inches (48") lower than the lowest part of the drainage or bar dxtcl
and the drainage is to be considered at least two feet (2') below
the center of the roadway.
7. That all roads be bored to forty feet (40') on either side of the
right-of-way or cased for such distance. ,i
8. That all sites will be barracaded during the construction period.
Construction of this line will begin on or after the a15 day of Novembpr
fit
' Firm: FERGUSON CROSSING PIPE LINE COMPANY
By
Title: Belton Hi ower, Senior Landman
Address: P.O. Box 1166
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Brenham Texas 72RIA I
Phone: 713-836-6685
APPROVED BY COMMISSIONERS' COURT
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Date:
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1171BZ-FC026
RABBIT LANE RIGHT-OF-WAY
PROPERTY DESCRIPTION
Part of the Moses Baine Survey, A-3, of Brazos County, Texas, being
situated across a portion of the Rabbit Lane Right-of-Way tract;
PIPELINE EASEMENT
The Pipeline Easement across the above described property having a
Centerline description as follows;
BEGINNING at Survey Station 0 + 46.0 being the fenced Northwest line of
Willie C. Locke tract, being 113.00 feet Southeast along said Northwest
line of W. C. Locke tract, from the West corner of same, being the
BEGINNING POINT of the pipeline of Rabbit Lane Right-of-Way;
THENCE leaving said BEGINNING POINT S 89°46' W, 8.00 feet to Survey
Station 0 + 54.0 for an angle point;
THENCE N 46°54° W, 752.00 feet to Survey Station 8 + 06.0 being on the
fenced Southwest line of the Henry B. Ransom tract, for the terminal
point of this Easement of Rabbit Lane Right-of-Way, being 311.00 feet
Northeast along said Southwest line of Henry B. Ransom tract, from the
South corner of same.
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Covering 46.06 Lineal Rods ;t
EXHIBIT "A"
November 12, 1982 r
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4.1.82
NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
Bryan, Texas 77801
Formal notice is hereby given that ADVANCED SPECIALTIES , Applicant,
proposes to place a gas gathering pipeline within the right-of-way
of Rabbit e in Brazos County, Texas as follows: r,
Q Road crossing only.
3010
Fj] Installation parlleling the roadway a distance of 4450 feet.
The location or description of the proposed installation is more fully
shown by two copies of the drawings attached to this notice.
I understand and agree that:
1. The Commissioner of the Precinct in which the right-of-way lies must
be notified prior to the beginning of construction in order that
the Commissioner might be on hand to designate the actual location
of the installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the Commissioner
in which the roadway or right-of-way lies.
3. That BRAZOS COUNTY restrves the right to require Applicant to re-
locate or lower any sugh line at no cost to BRAZOS COUNTY, should
same become necessary clue to widening or lowering, or other alter-
ation of the roadway or right-of-way.
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4. That BRAZOS COUNTY is in no way responsible for any damage that might
occur to any existing utility lines in the right-of-way.
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5. That the line will be constructed and maintained on the county right
of-way in accordance with governing laws.
6. That the line or lines will be constructed no less than forty-eight °
inches (48") lower than the lowest part of the drainage or bar ditch
and the drainage is to be considered at least two feet (21) below
the center of the roadway.
7. That all roads be bored to forty feet (401) on either side of the
centerline of the right-of-way or cased for such distance.
8. That all sites will be barracaded during construction period.
9. That the normal charge established by the Commissioners' Court is !
$500 per crossing and/or $35 per rod when paralleling the roadway.
Construction of this line will begin on or after the 2~L_day of 1
November , 1982
APPROVED BY COMMISSIONERS' COURT Y" Firm:
Date:
44;41:4
Fee Received:
Date
Amount:
s Y01.10 PAC!-:_-_-72(0
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By:
Title: PRESIDENT
Address: 4343 Carter Creek Pkwy., Suite 201
Bryan, Tx 77801
Phone: 17131 846 - 4793
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ADVANCED %5RCC1,q4 TIES 0/,&
CORPORA T/ON
BRYAN, TEXAS
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4.1.82
NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
Bryan, Texas 77801
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Formal notice is hereby given that Vanguard Pipeline co orat Applicant,
proposes to place a 4 inch Qas pinalina within the right-of-way
F of Jones Egad in Brazos County, Texas as follows:
Road crossing only.
_ Installation parlleling the roadway a distance of feet.
{ The location or description of the proposed installation is more fully
shown by four copies of the drawings attached to this notice.
I understand and agree that:
1. The Commissioner of the Precinct in which the right-of-way lies must
be notified prior to the beginning of construction in order that
the Commissioner might be on hand to designate the actual location
of the installation.
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2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the Commissioner
in which the roadway or right-of-way lies.
3. That BRAZOS COUNTY reserves the right to require Applicant to re-
locate or lower any such line at no cost to BRAZOS COUNTY, should
same become necessary due to widening or lowering, or other alter-
ation of the roadway or right-of-way.
4. That BRAZOS COUNTY is in no way responsible for any damage that might
occur to any existing utility lines in the right-of-way.
5. That the line will be constructed and maintained on the county right-
of-way in accordance with governing laws.
b'._ That the line or lines will be constructed no less than forty-eight
inches (48") lower than the lowest part of the drainage or bar ditch
and the drainage is to be considered at least two feet (21) below
the center of the roadway.
7. That all roads be bored to forty feet (401) on either side of the
centerline of the right-of-way or cased for such distance.
8. That all sites will be barracaded during construction period.
9. That the normal charge established by the Commissioners' Court is
$500 per crossing and/or $25 per rod when paralleling the roadway.
Construction of this line will begin on or after the _fLrst day of
December F 1982 •
APPROVED BY COMMISSIONERS' COURT
Date: 11
Fee Received:
Date
Amount: 'S'AD . DO
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VOLP-PAGEZN
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Firma Vanouard Plpelina Q=nratinn
By:
Title:
president
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Address: _1111 North Loon west
Houston. Texas 77018
Phone: (713) 880-8750
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BRAZOS COUNTY, TEXAS
THOMAS J. WOOTON SURVEY
A-59
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DONALD S. FOSTER
60°07' e M
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Proposed 4"
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Scale 1"=40' COUNT Y ROAD, R/W
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MINIMUM PIPE SPECIFICATIONS
COQ, tD Q CARRIER PIPE,
C\l e q K b j q 4 500-0 0 s 0 166' w T 1 a 64 The /ft) X-42
01 b % b Min Test Pressure ,
ti ` b 01 N Oe Man Operating Pressure r
m a a >a a s Min Yield Strength,
lb lb t~
4! tN ~ W W C Lu CASINO PIPE r
IN 4t 1~ 0 625' 0 D a 0 230' MILT 122 36 1st /ft ) Or '0'
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Assumed Elev. /00.00'
PROFILE
SCO16 1 40'H 9 v NOY 12 90.32
e~ COLLEGE I F B 2031 P go 2 4 11 I
STATION Pipe/ins
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Cross,ng ` iJ) , VANGUARD PIPELINE INC.
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<<~ / GODWIN WELL NO.1 TO OLD OCEAN PIPELINE
KEY MAP UNDER COUNTY ROAD
` scale I BRAZOS COUNTY, TEXAS
DRAWN JV
HECK INC. CHECKED DYE aT, /?o rhb vi D DATATEE, . 11 11 12 12 82 82 oLi ..PAGE
GULLETT 3 ASSOCIATES, C
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Dates November 19. 1982
~ Brazos County Commissioners' Court
Brazos County Courthouse
Bryan, Texas 77801
Gentlemen:
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Request for aid in Soil Conservation.
Name Dennis Davidson
Address Rt. 1, Box 220, Bryan, Texas
Phone 589-2179
Precinct where damaged land located 2
Geological location of damaged land:
Old Bundick Road area, approximately 4 miles north of Edge
'w Description of damage:
.r. This will be preventive work to control erosion of property
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water is flowing across the hay field and causing erosion. Construction }
of diversion to control the flow of water. This will require maintainer
work.
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UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE
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Owner Den11,4 Dal,-ISO, Plan No. - Date //-z2-sz
Operator s1 - Scale M : I e Acres
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RESOLUTION APPROVING THE RESOLUTION OF THE BRAZOS COUNTY
INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE
OF BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
INDUSTRIAL DEVELOPMENT REVENUE BONDS (VIKING PUMPING SERVICES
CO, PROJECT) SERIES 1982
WHEREAS, the Brazos County Industrial Development
Corporation (the "Issuer") was created under the auspices of
Brazos County (the "Unit°); and
WHEREAS, it is deemed necessary and advisable that this
Resolution be adopted;
THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
COMMISSIONERS COURT OF BRAZOS COUNTY THAT:
Section 1, The "Resolution Authorizing Brazos County
Industrial Development Corporation Industrial Development
Revenue Bonds (Viking Pumping Services Co. Project) Series
1982; a Loan Agreement; an Indenture of Trust; a Guaranty
Agreement; A Deed of Trust and Security Agreement; Acceptance
of an Inducement Letter; Approval of an Application to the
Texas Industrial Commission; and Other Matters in Connection
Therewith," attached hereto as Exhibit "A" and made a part
hereof for all purposes providing for the issuance of "Brazos
County Industrial Development Corporation Industrial
Development Revenue Bonds (Viking Pumping Services Co.
Project) Series 1982," in the original aggregate principal
amount of $7,500,000, 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 the Bonds
shall never constitute an indebtedness or pledge of the Unit,
or the S tate of Texas, within the meaning of any
constitutional or statutory provision, and the holders of the
Bonds shall never be paid in whole or in part out of any
funds raised or to be raised by taxation or any other
revenues of the Issuer, the Unit, or the State of Texas
except those revenues assigned and pledged by the Resolution.
Section 3. The programs and expenditures authorized and
contemplated by the aforesaid documents are hereby in all
respects approved.
Section 4, The President, Vice President, Secretary,
and Assistant Secretary of the Issuer and the other officers
of the Issuer are hereby authorized, jointly and severally to
execute and deliver such endorsements, instruments,
certificates, documents, or papers necessary and advisable to
carry out the intent and purposes of this Resolution.
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RESOLUTION AUTHORIZING BRAZOS COUNTY INDUSTRIAL
DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT
REVENUE BONDS (VIKING PUMPING SERVICES CO. PROJECT)
SERIES 1982; A LOAN AGREEMENT; AN INDENTURE OF
TRUST; A GUARANTY AGREEMENT; A DEED OF TRUST AND
SECURITY AGREEMENT; APPROVAL OF AN APPLICATION TO
THE TEXAS INDUSTRIAL COMMISSION; ACCEPTANCE OF AN
INDUCEMENT LETTER AND OFFERS TO PURCHASE AND OTHER
MATTERS IN CONNECTION THEREWITH
.1i
WHEREAS, the Brazos County Industrial Development
Corporation (the "Issuer"), on behalf of Brazos County (the
"Unit"), is empowered to finance the cost of projects to
promote and develop industrial and manufacturing 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, including Bryan, Texas;
WHEREAS, Viking Pumping Services Co., a Delaware
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 November 24, 1981, the Issuer adopted a
"Resolution With Respect to the Issuance of Bonds to Finance
a Manufacturing Facility for GEO International Corporation,"
the parent corporation of User (the "Initial Resolution");
WHEREAS, in order to finance the Project, the Issuer
proposes to issue bonds styled, "Brazos County Industrial
Development Corporation Industrial Development Revenue Bonds
(Viking Pumping Services Co. Project) Series 1982" (the
"Bonds") ; and
WHEREAS, there has been presented to the Issuer proposed
forms of each of the following:
1. Loan Agreement, dated as of December 1, 1982,
(the "Agreement"), between the Issuer and the User;
2. Indenture of Trust dated as of December 1,
1982, (the "Indenture"), between the Issuer and The
Connecticut National Bank (the "Trustee");
3. Guaranty Agreement, dated as of December 1,
1982 (the "Guaranty Agreement"), between GEO International
Corporation, a Delaware corporation (the "Guarantor") and the
Trustee;
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4. Heed of Trust and Security Agreement,
dated December 1, 1982 (the "Security Agreement"), between
the User, and John M. Lawrence, III, as Deed of Trust Trustee
(the "Deed of Trust Trustee");
5. Inducement Letter, dated. November , 1982
(the "Inducement Letter") to the Issuer and the Original
Purchasers (as defined below) from the User and the Guarantor;
6. Offers to Purchase the Bonds from the Original
Purchasers shown on Exhibit "A" attached thereto; and
7. An Application to the Texas Industrial
Commission relating to the Bonds.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION THAT:
Section 1. Based upon the representations made to the
Board of Directors (the "Board") and to the Texas Industrial
Commission by the User and Guarantor, the Board hereby finds
that:
I
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A. The Project is required or suitable for the
promotion of manufacturing development and
expansion and the industrial development and
expansion of industrial facilities and related
facilities, irrespective of whether in existence or
required to be acquired or constructed after the
making of these findings by the Board; and
B. The Project constitutes and will constitute a
"project" within the meaning of the Act, suitable
for the promotion of manufacturing development and
expansion, the promotion of employment and for use
by a manufacturing or industrial enterprise.
C. Additionally:
(i) the Project will have an impact on the
employment within the Unit in that jobs will
be saved and new jobs will be created thereby
stablizing and increasing employment
opportunity.
(ii) the Project sought to be financed pursuant to
the Agreement is in furtherance of the public
purpose of the Development Corporation Act of
1979 (Article 5190.6, Vernon Texas Civil
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Statutes, as amended), including the promotion
and development of industrial and
manufacturing enterprises to promote and
encourage employment and the public welfare.
(iii) the Project is desirable and will further the
public purposes of the Act, in that it will
advance and improve the economic prosperity
and the general welfare of Brazos County and
the State and its people, and improve
opportunities for gainful employment by
creating approximately 61 new full time jobs,
with an annual payroll in excess of
approximately $1,500,000, for the Issuer to
issue and sell the Bonds for the purpose of
providing funds to pay all or part of the cost
of the Project.
(iv) the Project, consists of acquisition of
r approximately 19.13 acres of land and
buildings, and construction and equipping and
installation of an office building,
maintenance shop and facility and sand plant,
- fuel island and waste disposal system for
provision of stimulation services to oil and
gas operators active within an approximately
150 mile radius of Bryan, Texas. The Project
is in the public interest and serves a public
purpose in promoting the welfare of the
citizens of the State economically by securing
private industrial and manufacturing
enterprises and resulting maintenance of a
higher level of employment, economic activity
and stability.
Section 2. The Board hereby approves the Agreement in
the form and substance presented to the Board or in any form
and substance substantially similar thereto, and the
President or any Vice President is hereby authorized and
directed, for and on behalf of the Issuer, to date, sign, and
otherwise execute the Agreement, and the Secretary or any
Assistant Secretary of the Board 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.
MY PAGE -1 16(.0
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Section 3. The Bonds in the aggregate principal amount
of $7,500,000 are authorized to be issued for the purpose of
paying the cost of acquiring, constructing, reconstructing,
improving, or expanding, as the case may be, the Project.
The Board hereby approves the Indenture in the form and
substance presented to the Board or in any form and substance
substantially similar thereto, and the President or any 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 Assistan 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 Guaranty
Agreement in the form and substance presented to the Board or
in any form and substance substantially similar thereto, and
the President or any Vice President is authorized and
directed, for and on behalf of the Issuer, to date, sign, or
otherwise execute the Guaranty Agreement and the Secretary or
any Assistant Secretary of the Board is hereby authorized to
attest the Guaranty Agreement on behalf of the Issuer, and
such officers are hereby authorized to deliver the Guaranty
Agreement.
Section 5. The Board hereby approves the Security
Agreement between the Deed of Trust Trustee and the User, in
the form and substance presented to the Board, or
substantially similar thereto.
Section b. The Board hereby accepts the Inducement
Letter from the User and the Guarantor, in the form and
substance presented to the Board or any form substantially
similar thereto, and the President or any Vice President is
authorized and directed for and on behalf of the Board to
date, sign, or otherwise execute the Inducement Letter on
behalf of the Issuer and such officers are hereby authorized
to deliver the Inducement Letter as accepted by the Board.
Section 7. The offers to Purchase submitted to the
Board by the Original Purchaser shown on Exhibit "A" attached
hereto are hereby accepted and the President or any Vice
President is authorized and directed for and on behalf of the
Board to date, sign or otherwise execute the Offers to
Purchase on behalf of the Issuer and said officers are hereby
authorized and directed to deliver the Offer to Purchases as
accepted by the Board.
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VOL P PAGE -1$
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Section 8. The Application to the Texas Industrial
Commission in the form presented to the Board on this date or
substantially similar thereto is hereby approved. Delivery
to the Texas Industrial Commission of the Application, based
upon representations received from the User and the
Guarantor, is hereby authorized and directed.
Section 9. The President and Secretary/Treasurer are
hereby each authorized and directed to execute the Bonds, or
have their facsimile signatures placed upon the Bonds, and
each 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 10. The Connecticut National Bank, Hartford,
Connecticut is hereby appointed as Trustee under the
Indenture thereby serving as Registrar and Paying Agent under
the terms of the Indenture, subject however, to receipt of an
opinion of counsel that the Trustee is so authorized to act
and has complied with the requirements of Section 105A(b) of
the Probate and Administration Code of Texas.
Section 11. The President, any Vice President, or the
Secretary or any Assistant Secretary of the Board is hereby
authorized to execute and deliver to the Trustee the written
order of the Issuer for the authentication and delivery of
the Bonds by the Trustee in accordance with the Indenture.
Section 12. 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 approved, and confirmed.
Section 13. 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 confirmity 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, the
Agreement, the Indenture, the Guaranty Agreement, The
Security Agreement, the Inducement Letter, and the
Application, including without limitation, the execution and
delivery of a certificate of election under Section
103(b)(6)(D) of the Internal Revenue Code, and any closing
documents in connection with the issuance of the Bonds.
Section 14. After any of the Bonds are issued, this
Resolution shall be and remain irrepealable until the Bonds,
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r interest thereon shall have been fully paid or provisions
or payment made pursuant to the Indenture.
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Section 15, If any section, paragraph, clause, or
rovisions of the Resolution shall be held to be invalid or
p
nforceable the invalidity of unenforceability of such
e
he remaining provisions of this Resolution. In case any
bligation of the Issuer authorized or established by this
esolution or the Bonds or interest coupons appertaining
hereto is held to be in violation of law as applied to any
erson or in any circumstance, such obligation shall be
deemed to be the obligation of the Issuer to the fullest
x tent permitted by law.
Section 16. Execution by the President or Vice
,resident and the Secretary or Assistant Secretary of the
Board of any document related to or contemplated hereby shall
)e conclusive evidence of the approval of the Board of the
substance and form thereof,
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RESOLUTION APPROVING THE RESOLUTION OF THE
BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
PROVIDING FOR THE ISSUANCE OF BRAZOS COUNTY INDUSTRIAL
DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE
BOND (THE BABCOCK & WILCOX COMPANY PROJECT) SERIES 1982
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If
WHEREAS, the Brazos County Industrial Development '
Corporation (the "Issuer") was created under the auspices of
Commissioners Court of Brazos County, Texas (the "Unit"); and
WHEREAS, it is deemed necessary and advisable that this
Resolution be adopted;
THEREFORE, BE IT RESOLVED BY COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS THAT:
Section 1. The Resolution Authorizing Brazos County
Industrial Development Corporation Industrial Development Revenue
Bond (The Babcock & Wilcox Company Project) Series 1982; a Loan
Agreement; an Indenture of Trust; a Guarantee Agreement; a Bond
Purchase Agreement; Acceptance of an Indemnity Letter; and Other
Matters in Connection Therewith, adopted by the Issuer on
November 22, 1982; a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes providing for
the issuance of "Brazos County Industrial Development Corporation
Industrial Development Revenue Bond (The Babcock & Wilcox Company
Project) Series 1982," in the original principal amount of
$1,000,000, 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 the Bond shall never
constitute an indebtedness or pledge of the Unit, or the State of
Texas, within the meaning of any constitutional or statutory
provision, and the holder of the Bond shall never be paid in whole
or in part out of any funds raised or to be raised by taxation or
any other revenues of the Issuer, the Unit, or the State of Texas
except those revenues assigned and pledged by the Resolution.
Section 3. The programs and expenditures authorized and
contemplated by the aforesaid documents are hereby in all respects
.approved.
Section 4. The County Judge, County Clerk and other
officers of the Unit are hereby authorized, jointly and severally
to execute and deliver such endorsements, instruments,
certificates, documents, or papers necessary and advisable to
carry out the intent and purposes of this Resolution.
VOLLPAGE7QO
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RESOLUTION AUTHORIZING BRAZOS COUNTY INDUSTRIAL
DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS
(THE BABCOCK & WILCOX COMPANY PROJECT) SERIES 1982; A LOAN
AGREEMENT; AN INDENTURE OF TRUST; A GUARANTEE AGREEMENT;
A BOND PURCHASE AGREEMENT; ACCEPTANCE OF AN INDEMNITY
LETTER; AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the Brazos County Industrial Development
Corporation (the "Issuer"), on behalf of the Commissioners Court
of Brazos County, Texas (the "Unit"), is empowered to finance the
cost of projects to promote and develop industrial and
manufacturing 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, The Babcock & Wilcox Company, a Delaware
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 March 23, 1982, the Issuer adopted a
"Resolution Concerning Issuance of Bonds to Finance a Project for
The Babcock & Wilcox Company" (the "Initial Resolution");
WHEREAS, in order to finance the Project, the Issuer
proposes to issue bonds styled, "Brazos County Industrial
Development Corporation Industrial Development Revenue Bonds (The
Babcock & Wilcox Company Project) Series 1982" (the "Bonds"); and
WHEREAS, there has been presented to the Issuer proposed
forms of each of the following %
1. Loan Agreement, dated as of November 1, 1982, (the
"Agreement"), between the Issuer and the User;
2. Indenture of Trust dated as of November 1, 1982, (the
"Indenture"), between the Issuer and First City National Bank of
Houston, Houston, Texas (the "Trustee");
3.- Guarantee Agreement, dated as of November 1, 1982
(the "Guarantee Agreement"), among McDermott Incorporation, a
Delaware corporation (the "Guarantor"), the Trustee and the
Issuer;
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4. Bond Purchase Agreement, dated November 22, 1982 (the
"Bond Purchase Agreement"), among the Issuer, the User, and First
National Bank of Commerce, New Orleans, Louisiana (the
"Purchaser");
5. Indemnity Letter, dated November 22, 1982 (the
"Indemnity Letter") to the Issuer and the Purchaser from the User
and the Guarantor;
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 required or suitable for the
promotion of manufacturing development and expansion
and the industrial development and expansion of
industrial facilities and related facilities,
irrespective of whether in existence or required to
be acquired or constructed after the making of these
findings by the Board; and
IB. Additionally:
(i) the Project will have an impact on the
employment within the Unit in that jobs will be
saved and new fobs will be created thereby
stabilizing and increasing employment
opportunity.
(ii) the Project sought to be financed pursuant to
the Agreement is in furtherance of the public
purpose of the Development Corporation Act of
1979 (Article 5190.6. Vernon Texas Civil
Statutes, as amended), including the promotion
and development of industrial and manufacturing
enterprises to promote and encourage employment
and the public welfare.
Section 2. The Board hereby, approves the Agreement in
substantially the form and substance presented to the Board and
the President or any Vice President, is hereby authorized and
directed, for and on behalf of the r Issuer, r to date,, sign,,, and
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otherwise execute the Agreement, and the Secretary or
any
Assistant Secretary of the Board 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. U
pon
t~
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 $1,000,000 are authorized to be issued for the purpose
of
h !
paying the cost of acquiring, constructing, reconstructing,
'
improving, or expanding, as the case may be, the Project.
The
Board hereby approves the Indenture in substantially the form
and
substance presented to the Board and the President or any 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 Guarantee
Agreement in substantially the form and substance presented to the
Board and the President or any Vice President is authorized and
directed, for and on behalf of the Issuer, to date, sign, or
otherwise execute the Guarantee Agreement and the Secretary or any
Assistant Secretary of the Board is hereby authorized to attest
the Guarantee Agreement on behalf of the Issuer, and such officers
are hereby authorized to deliver the Guarantee Agreement.
Section 5. The Board hereby approves the Bond Purchase
Agreement among the Issuer, the Purchaser, and the User, in
substantially the form and substance presented to the Board and
s(
the President or any Vice President of the Board is authorized and
i
directed for and on behalf of the Board, to date, sign, or
'
otherwise execute the Bond Purchase Agreement and the Secretary or
any Assistant Secretary of the Board is hereby authorized to
attest the Bond Purchase Agreement on behalf of the Issuer and
1
such officers are hereby authorized to deliver the Bond Purchase
Agreement.
Section 6. The Board hereby accepts the Indemnity Letter
from the User and the Guarantor, in substantially the form and
substance presented to the Board and the President or any Vice
President is authorized and directed for and on behalf of the
Board to date, sign, or otherwise execute the Indemnity Letter on
behalf of the Issuer and such officers are hereby authorized to
deliver the Indemnity Letter.
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Section 6. The President and Secretary/Treasurer are
hereby each authorized and directed to execute the Bonds, or have
their facsimile signatures placed upon the Bonds, and each 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 7. First City National Bank of Houston, Houston,
Texas is hereby appointed as Trustee under the Indenture thereby
serving as Registrar and Paying Agent under the terms of the
Indenture.
Section 8. The President, any Vice President, or the
Secretary or any Assistant Secretary of the Board 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 9. 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 10. 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, the Agreement, the Indenture,
the Guarantee Agreement, the Bond Purchase Agreement, and the
Indemnity Letter, including without limitation, the execution and
delivery of any closing documents in connection with the issuance
of the Bonds.
Section 11. After 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 12. If any section, paragraph, clause, or
provisions of the Resolution shall be held to be invalid or
enforceable 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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