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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
r BRAZOS COUNTY COURTHOUSE
BRIAN TEXAS 77801
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Formal notice is hereby given that Andrus Pipeline Corporation , Applicant
proposes to place a 4' Pipeline within the right-of-way of
Old Reliance Road in Brazos County, Texas as follows
R Road crossing only
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Installation paralleling the roadway a distance of feet
The location or description of the proposed installation is more fully shown
by 6 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 reserves the right to require Applicant to relocate ,
or lower any such line at no cost to BRAZOS COUNTY, should same become
necessary due to widening or lowering, or other alteration of the roadway
or right-of-way
4 That BRAZOS COUNTY is in no way responsible for any damage that may occur
to any existing utility lines in the right-of-way
S That the line will be constructed and maintained on the county right-of-
way in accordance with governing laws
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6 That the line or lines will be constructed no less than forty-eight inches
` (4811) 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
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7 That all ro ds 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 baracaded during construction period
9 That the normal charge established by the Commissioners' Court is $500 00
per crossing and/or $25 00 per rod when paralleling the roadway
Construction of this line will begin or or after the 5th day of March , 1983
APPROVED BY COMMISSIONERS, COURT Firm Andrus Pipeline Corporation
Date By
Title i
Fee Received r Address 7607 East Mark Drive
Date
Amount
vocaPacE.qQ_
Suite 250, College Station, TX 77840
5
Phone 764-9411 / 764-9234
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B RA ZOS COUNTY, TEXAS
oe S F AUSTIN LEAGUE NO 10
SAM RIZZO t Fesdei Rood //Avy 6 A- 63
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N 40044'W , C Proposed PYpe/ine '#I
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PLAN o7RO
Seale = I' a 20' ~ OLD REL /A NCE ROAD, R/W
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MINIMUM PIPE SPECIFICATIONS
O CARRIER PIPE
@ b C Q 4600'00 x0168 0T
O q p (6 641be/ff) API X-42
41 oa e a a d ,
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c \ V C W 8626'00 x0130 WT ~I
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PROFILE
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Scale: I ■ 20' H. 9V ,
Re%once Rood a Ste 1811131
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case,"° ANDRUS PIPELINE CORPORATION
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HOUSTON TEXAS
BRYAN
PROPOSED PIPELINE
KEY MAP UNDER OLD RELIANCE ROAD
• sale 1 2 MI BRAZOS COUNTY TEXAS
GULLETT ASSOCIATES INC DRAWN BY Mf DATE 12 7 82
ASSOCIATES, CMEcItro DY rhb DATE 3 I 83 I
HOUSTON,TEXAS 6CALE= NOTED zr 0 ® I
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i State Department of Highways
and Public Transportation
Page 1 of 3
SUPPLEMENTAL
c CONTRACTUAL AGREEMENT
FOR
RIGHT OF STAY PROCUREMENT
jE (COUNTY FORM)
I~
hl STATE OF TEXAS 4 COUNTY Brazos
4 PROJECT 8017-1-23
I~ COUNTY OF TRAVIS S HIGHWAY SH 6
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This supplemental contractual agreement by and between the State of Texas, acting by and
f through the. State Department of Highways and Public Transportation, hereinafter called the
ii State, and Brazos County, Texas, acting by and through its duly
It authorized official under Commissioners' Court Order dated the day of ,
19 , hereinafter called the County, shall be effective on the date of approval and exe-
cution by and on behalf of the State
WHEREAS, the State and County entered into contractual agreements and supplemental
contractual agreements for procurement of right of way on the following projects on the
dates indicated
Highway Account No Limits Date of
From Loop 507 at College Agreement
Station, South to Navasota
SH16 8017-1-25 River. 12-5-79
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and, which are made a part of this instrument by reference, and,
WHEREAS, the County has requested that they be relieved of the obligation to acquire the 1
necessary right of way and desires the State to assume the acquipition responsibility, and,
WHEREAS, it is mutually desired by the County and the State to modify said original
contracts and any supplemental Contracts implementing the terms and pfovisions of the
original contracts
1
NOW, THEREFORE, in consideration of ,the foregoing premises and the mutual benefits to be `
derived therefrom, the above described contracts are modified hereby to the extent of the
manner, mode and method of the County's obligation to acquire the necessary right of way
and receive 90% reimbursement of the cost thereof in that the State hereby assumes the
obligation to acquire the necessary right of way and the County shall accomplish its obli- ;
gation by contributing 10% of the cost of the right of way as hereinafter described
VaL PAGE
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State Department of Highways
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and Public Transportation
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Page 2 of 3
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The State is to acquire all right of
way except that the County shall continue with its
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present obligations to acquire the f
ollowing described right of way
Parcels Betveen approcimately
Station No 830 and Station No 1.474
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near Junction of SH 6
and Loop 508 at Navasota
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Utilities Betieen appro cimarcel
y Station Flo C30 a,,d Station No 1474
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near Junction of SH
6 and Loop 508 at Navasota
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Other None
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The County shall contribute to the State an amount equal to ten percent (10X) of the cost
of the right of way to be acquired by the State and shall transmit to the State with the
return of this agreement, executed by the County, a warrant or check payable to the State
Department of Highways and Public Transportation in the amount of Tio Hundred and
u i
Vent Thousand o1 G and 0----------------------------------------
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which represents 10% of the estimated cost of the rig
Dollars 220,000 UI)
way, however, if it is found that this amount is insufficient to pay the County's obliga-
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ount in
then the County, upon request of the State, will forthwith supplement this a
tion
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such amount as requested by the State Upon completion of the project and in the event
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the amount as paid is more than 10% of the cost of the right of way, then any excess
amount will be returned to the County Cost of the right of way acquired by the State
shall mean the total value of compensation to owners for their property interests either
by negotiation or eminent domain
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County Texas
ATTEST
CommissOfer Precinct
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders established
policies or vork programs heretofore
approved and authorized by the State
Highvay and Public Transportation
Commission
By
Right of Way Engineer
Executed and approved for State Highvay
and Public Transportation Commission
under authority of Commission Minute No
and A 0
RECOMMENDED FOR APPROVAL
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Commissioner Precinct #2
Commission Precinct #3
e,
District Engineer
Commissioner, Precinct i4
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This supplemental contractual agreement is approved and executed on behalf of the State
this day of 19`
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NO.
THE STATE OF TEXAS 4
COUNTY OF Q Zo 4
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WHEREAS a case styled Bush v Viterna (Civil Action No, A-80-CA-411) is pending in
the United States District Court for the Western District of Texas,
WHEREAS the suit Is one against the Jail Standards Commission of Texas;
WHEREAS the federal court in Bush v Viterna has certified the class of plaintiffs to
Include "all persons now incarcerated or to be Incarcerated In county jails in
Texas",
WHEREAS the plaintiffs In the suit challenge the constitutionality of existing state
laws and regulations applicable to county jails in Texas, and seek to impose new
and more stringent standards;
WHEREAS the plaintiffs In the suit challenge the authority of the 3ail Standards
Commission to grant variances from existent requirements and challenge the
lawfulness of variances granted by the Commission In the pastl
WHEREAS the plaintiffs In the suit seek to diminish the lawful discretion now present
In the Jail Standards Commission and the County Commissioners Courts of this
State to manage this State's jails;
WHEREAS Texas cou aes in general and this County in particular and the taxpayers
of such counties will be affected by any order imposing new or more stringent
standards on the construction or operation of county falls;
WHEREAS the Interests of Texas counties and of this County can be significantly
affected by the outcome of Bush v Viterna;
WHEREAS Texas counties are not now represented In this litigation;
WHEREAS It is important In the view of this Commissioners Court that Texas counties
in general and this County In particular have a voice In determining the nature
of restrictions applicable to the construction and operation of county jails, and '
the outcome In Bush v Viterna, and
WHEREAS it is impractical for each individual Texas county to seek Intervention and
participation in Bush v Viterna;
THEREFORE IT IS ORDERED:
That this Commissioners Court on behalf of this County hereby acts pursuant to
Article 4413(32c), the lnterlocal Cooperation Act, Texas Civil Statutes, and its authority
elsewhere under state law to loin with other counties in Texas to create a fund to
support the legal representation of county interests in Bush v Viterna,
That this Court agrees that the Texas Association of Counties shall serve as
administrator for this aforementioned fund and shall (1) approve any and all erpenditures
from the fund, which shall be used only for legal fees, expert witness fees (if any),
and actual expenses incurred in regard to Bush v Viterna and (2) shall periodicall/
notify this County of the nature of all expenditures,
T1 at this Court agrees that upon comple•ion of Bush v Viterna or a determination
by the Texas Association of Counties to terminate the legal representation of the
interests of Texas counties in such litigation, all amounts remaining in the aforementioned
fund shall be returned to participating counties on a pro rata basis,
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V04-P 4GEs-..! ~I
"~-••~v~ta+,P ^R 1 't4_ _ _ _ _ _ 0 MkZ: W
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That this Court agrees that if a final award of attorneys fees is made by the
a court to attorneys for plaintiffs against the Texas Association of Counties or any other
party wtuch has intervened at the request of the Texas Association of Counties to
protect the interests of Texas counties, the aforementioned fund shall be utilized to
pay such award and this County agrees to bear on a pro rata basis its share of any
portion of such an award remaining unpaid after exhaustion of the fund;
That this Court hereby appropriates the sum of $ 1,, 000 0 0 to be sent
to the Texas Association of Counties for deposit to the fund with the understanding
that additional such appropriations may become necessary but that this County reserves
w the right to review and to approve or disapprove any such additional appropriations.
BE IT 50 ORDERED.
Adopted on thi; GTl~ day of t 983.
Z I)e
s County Judge
06-mmission Precinct A
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Commissioner, Precinct a
Commissioner, Precinct
_QW,yo: ZZ-4-2-- 7
Jr #,I 'Commissioner, Precinct
Approved
Texas Association of Counties
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A
RESOLUTION APPROVING RESOLUTION BY THE
BRAZOS COUNTY INDUSTRIAL DEVELOPMENT
CORPORATION PROVIDING FOR THE
ISSUANCE OF BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(EUREKA INVESTMENT COMPANY PROJECT)
SERIES 1983
WHEREAS, the Brazos County Industrial Development
Corporation (the "Issuer") was created by the Commissioner's
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"),
WHEREAS, pursuant to Section 103(k) of the
Internal Revenue Code of 1954, as amended (the "Code"), the
Issuer has conducted a public hearing following reasonable
public notice with respect to the captioned bonds (the
"Bonds") and the captioned project and has submitted to the
Unit certified minute entries containing the proceedings
from such hearing which proceedings are attached hereto as
Exhibit A,
WHEREAS, in order to satisfy the requirements of
Section 103(k) of the Code, it is necessary for the Unit to
approve the Bonds after the public hearing has been held,
WHEREAS, Section 25(f) of the Act requires that
the governing body of the Unit approve the resolutions of
the Issuer providing for the issuance of the Bonds no more
than 60 days prior to the delivery of the Bonds, 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 THAT
Section 1 The Resolution Authorizing Brazos
County Industrial Development Corporation Industrial
Development Revenue Bonds (Eureka Investment Project)
Series 1983, a Loan Agreement, an Indenture of Trust, a
Guarantee Agreement, a Bond Purchase Agreement, Acceptance
of a Deed of Trust, A Collateral Assignment, and Other
Matters in Connection Therewith, adopted by the Issuer on
March 15, 1983 (the "Resolution"), a copy of which is
attached hereto as Exhibit "B" and made a part hereof for
all purposes, is hereby specifically approved,
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Section 2 The issue of bonds styled "Brazos
County Industrial Development Corporation Industrial
Development Revenue Bonds (Eureka Investment Company
Pr03ect) Series 1983" in the principal amount of $1,500,000,
is hereby approved pursuant to Section 103(k) of the Code
Section 3 The approval herein given is in
accordance with the provisions of Section 25(f) of the Act
(and Section 103(k) of the Code) and for no other purpose
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 State of Texas, within the
meaning of any constitutional or statutory provision, and
the holder 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 4 The programs and expenditures
authorized and contemplated by the aforesaid documents are
hereby in all respects approved
Section 5 The County Judge, Commissioners, and
County Clerk of the Unit and the other officers of the Unit
are hereby authorized, jointly and severally to execute and
deliver such endorsements, instruments, certificates, docu-
ments, or papers necessary and advisable to carry out the
intent and purposes of this Resolution
PASSED AND APPROVED this March 15, 1983°
o
Coun Judge
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EXHIBIT "A"
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CERTIFICATE
s
I, the undersigned, officer of the Brazos County
Industrial Development Corporation (the "Issuer"), do hereby
certify as follows
1 In accordance with the Bylaws of the Issuer
the Board of Directors of the Issuer (the "Board") held a
meeting on April 15, 1983 (the "Meeting") of the duly con-
stituted officers and members of the Board, at which a duly
constituted quorum was present Whereupon, among other
business transacted at the Meeting, a public hearing
concerning issuance of bonds styled as follows
BRAZOS COUNTY INDUSTRIAL. DEVELOPMENT CORPORATION
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(EUREKA INVESTMENT COMPANY PROJECT)
SERIES 1983
(the "Hearing") was duly conducted for the consideration of
the Board
2 A true, full, and correct copy of excerpts
from the official minutes of the Board pertaining to the
Hearing at the Meeting is attached to and follows this
Certificate, such excerpts have been duly recorded in the
Board's minutes of the Meeting, each of the officers and
members of the Board was duly and sufficiently notified
officially and personally, in advance, of the time, place,
and purpose of the Meeting in accordance with the Bylaws,
and that the Hearing would be conducted at the Meeting, and
the meeting was held and conducted in accordance with the
Articles of Incorporation and Bylaws of the Corporation
SIGNED AND SEALED this March 15, 1983
(SEAL)
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RESOLUTION AUTHORIZING
BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(EUREKA INVESTMENT COMPANY PROJECT) SERIES 1983,
A LOAN AGREEMENT, AN INDENTURE OF TRUST; A GUARANTEE
AGREEMENT, ACCEPTANCE OF A DEED OF TRUST,. A COLLATERAL
ASSIGNMENT, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, pursuant to the Development Corporation
Ac+t 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 the
Brazos County (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, Eureka Investment Corporation, a Texas
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 May 24, 1982, the Issuer adopted a
"Resolution Concerning Issuance of Bonds to Finance a
Project for Eureka Investment 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 (Eureka Investment Corporation Project)
Series 1983" (the "Bonds"),
WHEREAS, pursuant to Section 103(k) of the
Internal Revenue Code of 1954, as amended (the "Code"), a
public hearing, following published notice thereof, was held
by the Issuer on March 15, 1983 at which time the Project
and the issuance of the Bonds were considered, and
WHEREAS, there have been presented to the Issuer
proposed forms of each of the following:
s VOLQPAGE _LQD-
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1. Loan Agreement, dated as of March 1, 1983,
(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 March 1, 1983
(the "Indenture"), between the Issuer -and First City
National Bank of Houston, Houston, Texas (the "Trustee"),
3 Guarantee Agreement, dated as of March 1,
1983 (the "Guarantee Agreement"), among Mustang Tractor &
Equipment Company, a Texas corporation (the "Guarantor"),
the Trustee, and the Issuer,)
4 Deed of Trust and Security Agreement, dated
as of March 1, 1983 (the "Deed of Trust") from the User to
the Issuer,
5. Collateral Assignment and Security Agreement, J
dated as of March 1, 1983 (the "Collateral Assignment") from
the Issuer to the Trustee,
THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE BRA20S 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 secretary or any Assistant Secretary is authorized and
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directed for and on behalf of the issuer to attest the
Agreement, and such officer- 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 4ith the terms and provisions
thereof
Section 3 The Bonds in the aggregate principal
amount of $1,500,000 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
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
Guarantee Agreement 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 Guarantee Agreement
and the Secretary or any Assistant Secretary 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 Deed of
Trust 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 accept
delivery of the Deed of Trust
Section 6 The Board hereby approves the
Collateral Assignment in substantially the form and sub-
stance 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
Collateral Assignment and the Secretary or any Assistant
Secretary is hereby authorized to attest the Collateral
Assignment on behalf of the Issuer, and such officers are
hereby authorized to deliver the Collateral Assignment.
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Section 15 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
PASSED AND APPROVED ~y
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o Section 7. The President and Secretary 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 8. 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 9. The sale of the Bonds to First City
National Bank of Houston, Houston, Texas, 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 con-
templated 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 13. The officers executing the documents
approved by this Resolution are authorized to approve such
changes to said documents as are necessary and appropriate
and not contrary'to the general tenor thereof.
j, Section 14. After any of the Bonds are issued,
a 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.
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