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Home My WebLink About1983-03-14-1000AM-Regular (2)THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL T it • t r n 7 3 ~t 3 ' COMMISSIONERS' COURT .j REGULAR MEETING E ! MARCH 14 1983 A regular meeting of the Commissioners' Court of Brazos County Texas was held in the Lecture Rehearsal Room of the { Brazos Center 3232 Briarcrest Drive Bryan Brazos County, , v Texas beginning at 10 00 A M on Monday March 14, 1983 with the following members of the Court present 1 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 Milton Turner Commissioner of Precinct 4 Frank Boriskie County Clerk r The following citizens and officials were in attendance , Tom Lyons Justice of Peace Van Kinerd County Auditor Tom Mathley WTAW/KTAW Diane Macfarlane Intern County Judge's Office Carol Snedeker Secretary County Judge Jann Snell The Eagle B V Elkins County Treasurer Ray Truelove Citizen Arnold Dittfurth Auditor's Office Buddy Winn Tax Assessor/Collector Ross Nethery KAGC Jane Brust KAMU-TV/FM The Court received approved and ordered filed as submitted the following reports for February, 1983 W T Sistrunk, County Extension Agent Mike McKinney, County Extension Agent Dale A Fritz, County Extension Agent Mable Walker County Extension Agent Kathleen McDonald County Extension Agent The Court received considered and approved the following reports from County and Precinct Officers showing official fees tt of office collected and remitted to the County Treasurer 1. t ~'7 tt t~1~1 as f i T"f L AL, .14 k. ~t v VOL4-PAGE 1 L "I ~t sr` F 7-77-777 rte, 4 `tC . t i- t T t t r t r J' r i' i I l5 4 ~ Sr t T ' f 1 4 v I ,r t rr----••Tt,^ - -~j ^ C~ ^i` ' a kit x - L ,t• r z ~ .M'.s__-- -_=--~Y _ a 1 + + 1 i ~ ~Y IY r ' OFFICERS' REPORTS FOR FEBRUARY, 1983 1 1 1 j FRANK BORISKIE COUNTY CLERK Fees----------------------------------------------- $28,480 50 i County Judge's Fees--------------------------------- 910 00 County Attorney's Fees----------------------------- 2,302 50 1 Sheriff's Fees------------------------------------- 1,795 25 Sanitary Disposal--------------------- 335 00 > Law Library Fees----------------------------------- 884 50 ~ Fines-------------------- 9,870 00 i Criminal al Justice Fees------------------------------ 705 00 Law Enforcement Education Fund--------------------- 71 00 i Victim of Crime Fund------------------------------- 700 00 TOTAL COUNTY CLERK'S FEES------------------------------- $46,079 75 j a W D BURLEY, DISTRICT CLERK i' Fees----------------------------------------------- $ 6,358 50 Sheriff's Fees------------------------------------- 1,853 00 Sheriff's Jury Fees-------------------------------- 570 00 District Attorney's Fees--------------------- 328 00 Fines---------------------------------------------- 320 00 Trial and Jury Fees-------------------------------- 95 00 Law Library Fees----------------------------------- 855 00 Criminal Justice Fees-------- 230 00 Law Enforcement Education Fund--------------------- 12 00 ^ Victim of Crime Fund----------- 165 00 P Ir~~ TOTAL DISTRICT CLERK'S FEES----------------------------- $10,786 50 f3 ~ ff BOBBY H YEAGER, SHERIFF'S FEES------------------------ $ 2,341 50 i E A WENTRCEK,JR , JUVENILE PROBATION OFFICER FEES---- $ 190 00 ~ DAN RICHARD BETO, ADULT PROBATION OFFICER FEES--------- $ 5 00 B H DEWEY, JUSTICE OF PEACE, PRECINCT 4, PLACE 1 Sheriff's Fees------------------------------------ $ 20 00 Constable Fees------------------------------------ 663 00 r Miscellaneous---------- - 17 00 Small Claims Fees--------------------------------- 15 00 Civil Fees--------- 182 00 Criminal Justice Fees----------------------------- -o- Law Enforcement Education Fund-------------------- -0- TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1------------ $ 897 00 CAROLY14 M HENSARLING,JUSTICE OF PEACE,PRECINCT 4,PLACE 2 ~e t Fines--------------------------------------------- $19,139 00 Sheriff's Fees------------------------------------ 14 00 Criminal Justice Fees----------------------------- 2,407 50 Law Enforcement Education Fund-------------------- 483 00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2------------ $22,043 50 MICHAEL B CALLIHAM,JUSTICE OF PEACE,PRECINCT 7,PLACE 1 Fines---------------------------- $ 2,781 50 Constable Fees, Precinct 7-------- 680 00 Constable Fees, Precinct 4------------------------ 33 00 4 Small Claims Fees--------------------------------- 9 00 ' , Civil Fees---------------------------------------- 119 00 ( Miscellaneous------------------ 3 00 Criminal Justice Fees----------------------------------------- 315 00 Law Enforcement Education Fund-------------------- 63 00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 1------------ $ 4,003 00 i i t PRECINCT7PLACE2 HUGH W LINDSAY, JUSTICE OFPEACE ^ + - Fines-------------------------------------------- $ 6,501 99 ! Constable Fees - Precinct 7----------------------- 80 00 Small Claims Fees--------------------------------- 12 00 ! ' Miscellaneous------------------------------------- 1 00 Criminal Justice Fees----------------------------- 1,100 00 r 7 Law Enforcement Education Fund-------------------- 225 00 i i t y TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2------------ $ 8,919 99 ' f ; t " V0LQ- PAG E:a) x THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL . t 7 u^ YI,Lt t.lic.?..{~ aa1=~.. 1~t.~......•^._3i~ ~ l•~ ~ 1Ay Y MARY C HORN, JUSTICE OF PEACE, PRECINCT 2: Fines $ 550.00 Criminal Justice Fees------------------------------ 80.00 L Law Enforcement Education Fund--------------------- 16.00 TOTAL JUSTICE OF PEACE, PRECINCT 2----------------------$ 646.00 TOM LYONS, JUSTICE OF PEACE, PRECINCT 1. Fines 1,050.00 Criminal Justice Fees------------------------------ 190.00 Law Enforcement Education Fund--------------------- 38,00 Refund by County Treasurer------------------------- 1.00 TOTAL JUSTICE OF PEACE, PRECINCT 1----------------------$ 1,279.00 i SAM FACHORN, CONSTABLE, PRECINCT 5: Serving Fees----------------------------------- 140.00 BRAZOS CENTER FEES--------------------------------------$ 7,187.50 JEFF BROWN, COUNTY ATTORNEY: Hot Check Fees $ 2,380.00 TRAVIS B. BRYAN III, DISTRICT ATTORNEY: Hot Check Fees 230.00 GERALD L. WINN, TAX ASSESSOR/COLLECTOR: Fees--------- -----------------------r--$52,208.76 Ad Valorem------------------- _----------$1,786,425.35 ir. ^ 7 r t ` * ~ . , y. Ir z , 1 L t t f t 1tY ~.1t ~r • , ..Si +ir~ .,~7 r `:r , je,! r ` ' 'C1 ..'i t' Y `9 -c~ ti.' { 1" It a' , I,tt, 1 . °r t,x „i }~t'. .5 r.. ~ r„a 7+ i Ir-'i"~ll`~tf ry+Q+ 4 Iifii L~ ' tk 1",r ~~r~ ('It'~~,St1+:11 irr I,~G, a{r .A ~SH' S IF)'1 't r+r'tl' .r ` t ~ .1. •wt ,trll 1:",itl~4 ft rU,'. ~S• 1 tr !4 Ir "t' d . ' • ~r ~ ' , 1. 7 ~r l~l' 1 , 1 1 r °e ,`t F ~i ~ ` ~ ,4 = 1 s~. r E ^ l yam- , r v4 lr. r' ' 1~ ,1't`„q${ •+L'r! .lw 77J 1..4.'r ~ 1~ C',S f t]YiYt+ ' 111 t'f ~x)t,~ t"-Gi ''_C Cl ~~t.:l•~„r 7 9 ,r~ ~ , !')f... C' , 1~ tt'S ~trP+~~~Z{f L daiQ t'r U)1 ~a~r~r~li f;~`1, jl f r5tr; nll,. ~ L. ~iE~y Stl~ ! )L,,' .t ~ 7 , S~ , +,~r!il'.t ti t': ~`t`x"t'++4t'+! ii7{'q ~S~i't7' ~t~l'11~3° ~1; 7~?~r•tl't t l , 7 h. +j a f l S f: f7.'+ l'!~ ~'t` ~11$ l.ft~~r.t'w ai;' 3i 11 1'7 i 'a 1'j , r, • + • ' Li Y ~ ? t,+; 7, .ii t,'1 t' n f C . li t iYi 1 rli CK~1 1 4 ~ . 1i ~ r"1~ r f t i7 i p } ♦ , YOI.QLPAG I t , } q r~ k 5 f r C I~ w• , i, • b'! 5 P'r„ I° ,i''" . . • rr , . L, 1, ,.rt •,/ai.' r Y}C 'F..+ 1. -t , . ! - h'. ,1 f N r L ! 'AS 1 t 4F~ . f' r r A f• `C Jw f .F • t ~'k1 r ~ 6 V ` rs s 1 (r a ' Sr O 1 t 1h jI i ~ r K 1 6, Z 7 Ir I~ L I , _51 e, F F t i~ t i t r t r} ~ e ~o.urP 7l o ~ h ..F ("t ?t r' 5,~1 ~ U6~~ PS.j;yi4 t"FTr 3 }r t ~ f rr~ ~ , y r t , f Yr t f~ t ,i f, 4 i , Ai I ,I i~ t The first matter to come,before the,Court was the considera- t tion of appointment of Kay L Smith as Reserve Deputy Constable for Precinct 3 On motion by Commissioner Cooley, seconded by Commissioner Wilcox the Court voted unanimously to approve the Y appointment The Court next considered the application and request of Ray Truelove for appointment as Justice of Peace for Precinct 3 I On motion by Commissioner Beards seconded by Commissioner Wilcox the Court voted unanimously to appoint Ray Truelove Justice of r` the Peace Precinct 3, and to amend the Budget to fund the posi- tion if necessary On motion by Commissioner Beard, seconded by Commissioner Wilcox the Court voted unanimously to approve a Budget amendment to the Election Budget in the amount of $2,000 for the purchase of a Printer A copy of which is attached On motion by Commissioner Wilcox, seconded by Commissioner Beard the Court voted unanimously to approve the statement of Utley James of Texas, Inc in the amount of $447,117 50 for work completed on modifications and additions to the Courthouse and to authorize the payment thereof The Court next considered requests for additional funding for the Volunteer Fire Departments for Precinct's 2 and 4 The request was for $1,500 for each Precinct for trucks not previously budgeted for On motion by Commissioner Beard, seconded by Commissioner Wilcox the Court voted unanimously to amend the Budget and increase the amount budgeted for Precinct 2 and 4 by $1500 each It was also outlined that all requests for funding for the Volunteer Fire De- partments be forwarded to the Brazos County Fire Fighters Associa- tion, and then presented to the County for funding Such request would list the number of trucks in each Precinct A copy of such Budget Amendment is attached hereto r . c t s P^ r, YOtaPAGE_J- F - -^--T' ~v~~...a• ntip,-~.T----ricer-t _ r. I , l The Court next considered requests to install pipelines in, County rights-of-way as follows 1 Ferguson Crossing Pipeline Company proposed to install a 4 inch gas pipeline in the right-of-way of Dilly Shaw Tap Road a distance of 14 55 lineal feet and to cross ti the right-of-way in two separate locations On motion by Commissioner Wilcox seconded by Commissioner Turner the Court voted unanimously to approve the request and authorize the installation subject to the payment of j the fee for the two crossings } 2 Andrus Pipeline Corporation proposed to install a 4 inch pipeline in the right-of-way of Old Reliance Road in Precinct 3 On motion by Commissioner Beard, seconded by Commissioner Wilcox the Court voted unanimously to approve the request and authorize the installation A copy of both applications are attached hereto The next matter to come before the Court was a Contractual Agreement with the State Department of Highways and Public Trans- portation for right-of-way Procurement for the Highway 6 South project, from the College Station City Limits to Greens Prairie r Road and the allocation of funds for the right-of-way On motion by Commissioner Turner, seconded by Commissioner Beard the Court voted unanimously to authorize the County Judge to enter into such agreement A copy of such agreement is attached to and made a part of these minutes - f "fin E 4.t The Court next considered the Changes of Status for the follow- ing employees Earl Clay County Shop Jessie J Hernandez County Shop John Imsdahl Precinct 1 Daniel Ramirez Building and Yards Calvin Ross Building and Yards Isaac Hernandez Building and Yards on motion by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unanimously to approve the Change of Status as sub- witted On motion by Commissioner Cooley, seconded by Commissioner Beard the Court voted unanimously to approve Certificates of Can- cellation numbered 19750 through 19831, as presented by the Tax Assessor/Collector, t yl%, t , 11 + Y t t I t r ",rc d a t i t S t I t k .S r- r c M fi v~Y { { t r f i { I E t The Court next considered the following Claims as submitted by the County Treasurer for payment C General Fund Claims 1591 through 1837 General Fund y Claims 1513 through 1557 Law Library Claims 1841 through 1843 Revenue Sharing Fund Claims 1844 through 1847 Foster Care Claims 1868 and 1584 Community Resources Officer Claims 1583 Capital Projects & Improvement Fund On line claim 1 Prop I Claims 1840 Prop II Claims 1558 through 1559 Road & Bridge Debt Service Fund Claims 1838 through 1839 Road and Bridge - Shop Claims 1869 through 1899 Road and Bridge - Precinct 1 Claims 1900 through 1915 Road and Bridge - Precinct 2 Claims 1916 through 1945 Road and Bridge - Precinct 3 Claims 1946 through 1978 Road and Bridge - Precinct 4 Claims 1979 through 2003 On motion by Commissioner Cooley seconded by Commissioner Turner r the Court voted unanimously to approve the Claims as submitted The Court next considered a request by Louis Hecox that the electrical service at the Pavillion be upgraded It was estimated that the cost would be approximately $4000 After discussion and on motion by Commissioner Beard seconded by Commissioner Turner the Court voted unanimously to refer the matter to Mr Dobbins and that the system be upgraded as soon as possible h r ~ J 3 4 s 4 On motion by Commissioner Beard seconded by Commissioner Cooley the Court voted unanimously to forward $1 000 to the Texas Association of Counties to assist in the defense of a law suit Bush vs Viterno Such suit being in connection with the County Jail Standards Toth Lyons, Justice of the Peace of Precinct 1 addressed the Court and requested an increase in the salary for that position and to pay straight line telephone service at a cost of $54 00 per month and reinbursement for telephone calls previously made in connection with his office After discussion it was the consensus of the Court that the matter would take further study and would act on the matter at a later date There being no further business the Court recessed until Tuesday March 15 1983 at 11 30 A M VOL~PAGE~.. { rV 1a f : A I F I V r+-" I 1 I 9 1 The Court reconvened at 11 30 A M on March 15, 1983, at the Brazos Center with all members of the Court present The Court considered a Resolution approving RESOLUTION BY THE BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUST- RIAL DEVELOPMENT REVENUE BONDS (EUREKA INVESTMENT COMPANY PROTECT SERIES 1983) On motion by Commissioner Cooley, seconded by Comm- issioner Beard the Court voted unanimously to adopt the Resolution A copy of such Resolution is attached to and made'a part of these minutes _ t! , ti ri >f t t t' t{ f I~ , s s V04PAG~ ' 'j II + F t" c ( I I 1 tl ! I) J ` 1 I 1 1 c' I ~ 1 t a p f 4 ' i4 U r art ' Jt M 1 tl , ' F t 1~ y -r- vt 'r5 J. r ~M1 ty w ~G w , 1 The foregoing minutes have been examined and approved in open Court this the 151341 - day of 1963, in Bryan, Brazos County, Texas r~ r' c t s tI , t ~ ' 1 at t 1 ~ ~ 1 S 1 ~~i Cj~ l 1r f ~rtlf y 7 ~l $i C 1 ~ ~k tf x~9 r ~ PY 1 )LL~S~ o mgr en County Judge Walter Wilcox Commissioner, Precinct 2 Milton Tutndr Commissioner, Precinct 4 t 0 y i i j ft t 1~ ~ l A% rc3-, Bill JZ:;Tooley Commi sioner, Precinct B ily Bear Comm oner, Precinct 3 Frank Boriskte County Clerk r i , VOt C-PACt c 1 I I~ T f f c s r J ~ ~ 5 v T BRAZOS COUNTY, TEXAS BUDGET AMENDMENT FOR THE 1ggl BUDGET YEAR No 3 • On this the t day of , 191LI, at a ~g,Pgular session of Commissioners Court the o owing members wer sent: - It. J. Holmgreen 9 County Judge i Bill J. Cooley Commissioner, Precinct 1 Walter Wilcox , Commissioner, Precinct 2 Billy E Beard , Commissioner, Precinct 3 11 0 W Q Q 1 O Milton Turner , Commissioner, Precinct 4 ghe following proceedings were held THAT WHEREAS, on March 14 , 1983 the Court heard and approved a budget amendment or the 1983 Budget 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 November 30, 1933 the following amendement(s) to the original are hereby au or ze . Increase \ Account No DepaYtment Reason Amount (Decrease), urc ase ot il 10-23-6222 Elections Printer 2.000 d x 5 i THE COMMISSI ° COURT OF BRAZOS COUNTY, TEXAS BY , COUNTY JUDGE [1i r -r •r.n rr~--- i t f r ~ f 1 ~ t _ y> L 941'°w-1 --,-R"y.-.~....y,~`.. F ~ r r i t ~ I i 1 ~y S ~t X 1 ' 7 J 4 }t 1 .r k ~x J ,0 4 r a m a F i .Jr. .n M r-.. x u t ~ it 1 d ti r° F 4 1 , i J r< y t r I 1~ r tt F r i f \ I ~z I S 11 I r t ~ i f r r• BRAZOS COUNTY,. TEXAS BUDGET AMENDMENT FOR THE lt' " BUDGET YEAR i ~y 1 ~ 3 000n this the 14th day of March , 19 83, at a Pegular session of Co ssioners Court the o owing members were presents R J Aolmgreen , County Judge Bill J Cooley , Commissioner, Precinct 1 Walter Wilcox , Commissioner, Precinct 2 l Billy E Beard , Commissioner, Precinct 3 II Hilton Turner , Commissioner, Precinct d ,The following proceedings were helda THAT WHEREAS, on March , 19$LI_ the Court heard and approved a budget amendment or the 1983_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 Nev o j the following amendement(s) to the original ars hereby authorized* 1 Increase 1 Account No. Department Reason Amount (Decrease) Fire Protection Additional Funding 10-29-5423 Preginct_2 for Fire Truek 1.50n_ Fire Protection 10-29-5425 Precinct 4 " 1.500 ; E 1 7 a I 5 1 THE C ISSIONERS' COURT OF BRAZOS COUNTY, TEXAS , COUNTY JUDGE VO ~Ar.E , By AL~. % 1 r , , Irk r r `1 ^ r ~ l r I ~ 1 1 r r. S . % , r- 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 FERGUSON CROSSING PIPE LINE COMPANY , ! i f I r r It II II Applicant, proposes to place a 411 Gas Line within the right- of-way of Dilly Shaw Tap Road 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-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 relo- cate 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. 6. That the line or lines will be constructed no less that 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 (2') below the center of the roadway. 7. That all roads be bored to forty feet (401) on either side of the right-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 23rd day of March _ 83 - Firm:FERGUSON CROSSING PIPE LINE COMPANY By: Title: Belton Hightower, Senior Landman Address: P 0 Box 1166 Brenham. Texas 77833 } r Phone:_ 713/836-6685 ? t APPROVED BY COMMISSIONERS' COURT Date: 7 0 f ( } { t 1~ N `D ° f t t t t t~ t{ t 3 t ~ a I a ti VOL4PAGEQY. } r~ t T 147 v t k ivy W wh +r t~ \Y 1 i ' a 7 / #a"~ ~ r1A } i t t~ t *F ! Y { ,y F l 1 ! A r a ~ r 6 J t 1 ~ ' J ' - t ~ I A t F 1 4 ~ r l ~ / a r IF ~ r , fi t t } vy r ~ « I I /v. L ~ ~ 1 l l J n ~ a t 4 F C P L ; f ` AFE-1304-BZ-P-GO293 i ' x ,k DILLY SHAW TAP ROAD R 0 W + COUNTY ROAD PRECINCT 2 ~ PROPERTY DESCRIPTION I Part of the Francis Henderson Survey, A-20 of Brazos County. Texas. being situated across aiportion of the Dilly Shaw Tap Road R 0 W 1 located in Brazos County, Texas PIPELINE EASEMENT t f The Pipeline Easement across the above described property having a Centerline description as follows BEGINNING at Survey Station 48 + 83, being on the fenced Northwest line of the M E Moore tract, called Rem of 103 26 Acres, being ~ 180 00 feet Southwest along said Northwest line of said M E Moore te i tract, from the North corner of same, also being the Southeast R 0 W 1 r of Dilly Shaw Tap Road, THENCE leaving said BEGINNING POINT N 47°17' W. 62 00 feet to Survey l b j Station 49 + 45 for an angle point, 11 't F • t t~r" 78 00 feet to Survey Station 51 + 23 to a point THENCE N 42°30' E , being 8 00 feet to a property corner, also being the R 0 W of FM 2776. it ? z Covering 14 55 Lineal Rods jj >r} March 8, 1983 IL 1 EXHIBIT "A" IL t F } t 1 t i d C t 1 ~ I 1 1 t 1 1 F , 1 Y 1 ` 1 ~ r } at + f t q ~ L . { FF , ` { F > r ~ 1 ' PAGE 52 s VOLQ . L y r ` Honizontol 20 - { $ R ~*...r-Kw?-~ .,-t.-,~ , y'pr' ''R""~'~"'---•-„--• „E..,~ ..r _ _~y , .-y_s~^rJ. ~}C ,Piv,cf~ - E I ~ K F f 3 I r &020S County, TeWS FRANCIS HENDER,50A SURVEY A - 20 ` 7 r i ~~n O L PLAN d~~ = 20° y r ~ r! I i t I I 00 I 4 I 90 a PAO Os ~I 50460 50+40 50+20 50+00 49+90 r, r 5-9 Fr CA SING PROFILE Vertical / I/.= 201 4 Honzontal 20 u precInclArl? VE CO POLE 63 RIGHT SIDE OF PROPOSED PIPEL IiVE QO ! rle) I I OJ ASSUMED ELEVATION -100 c EC ED 8 0A E CARLOMAGNO Surveying, Ina iy I t I , i t 4 ~ r _ r v i I ~ f r 1 .i r I I ~ II i ;S i r t ~r f 4 M S1 ' J~ ~t ,t 1 d a PROPERTY DESCRIPTION g t y r F C P L AFE-1304-B2-P-GO293 DILLY SHAW TAP ROAD R 0 W COUNTY ROAD PRECINCT 2 Part of the Francis Henderson Survey, A-20 of Brazos County. Texas, being situated across a portion of the Dilly Shaw Tap Road located in Brazos County, Texas PIPELINE EASEMENT The Pipeline Easement across the above described property having a centerline description as follows BEGINNING at Survey Station 52 + 34, being 5 00 feet to a property corner, also being the R 0 W of FM 2776, being on the Northwest R 0 W of Dilly Shaw Tap Road, THENCE leaving said BEGINNING POINT N 42°30' E, 8 00 feet to Survey Station 52 + 42 for an angle point, THENCE N 53°37' E, 8 00 feet to Survey Station 52 + 50 for an angle point, THENCE N 41°45' E, 901 00 feet to Survey Station 61 + 51 for an angle point, being parallel and perpendicular to the Northwest R 0 W of Dilly Shaw Tap Road for a distance of 8 00 feet. THENCE N 33°39' E, 36 00 feet to Survey Station 61 + 87 for an angle point, being parallel and perpendicular to the Northwest R 0 W of Dilly Shaw Tap Road for a distance of 8 00 feet, THENCE N 45°38' E, 447 00 feet to Survey Station 66 + 34 for an angle point, being parallel and perpendicular to the Northwest R 0 W of Dilly Shaw Tap Road for a distance of 8 00 feet. THENCE N 43°55' E, 687 00 feet to Survey Station 73 + 21 for an angle point, being parallel and perpendicular to the Northwest R 0 W of Dilly Shaw Tap Road for a distance of 8 00 feet. THENCE N 43°39' E, 684 00 feet to Survey Station 80 + 05 for an angle point, being parallel and perpendicular to the Northwest R 0 W of Dilly Shaw Tap Road for a distance of 8 00 feet. .11 1 G e r THENCE S 46°21' E. 72 00 feet to Survey Station 80 + 77 being on the fenced Northwest line of the George H Leighman tract, for the terminal i point of this easement, being 15 00 feet Northeast along said Northwest = line of George H Leighman tract from the West corner of same ' Covering 172 30 Lineal Rods - 1 March 8, 1983 r Exhibit "A" VOLQ-PA(`„I 73i7LS.LDlJfil 7-,C{F.+1, k ^G rte," to ~sS ^'~i `r_~.rt _ e f r t 4 1 4 d e 1 C 0 t t 3 n Ik l i A &72es County, Texas S FRANCIS HENDERSON SURIEY A-~ 0 Q Q t ~ I 1 U t r s i r~ s ~I I I t I t n i 80+00 8D+20 80+40 80+60 80+80 72 FT CAS/NG PROFILE Verfi a/ / 4eu/ Horizontal / _ X Precn~d-.Of? T s M. - 60 0 NAIL IN 1411 POWER m FERGUSON CROSSING PIPELINE CO POLE 57 RIGHT SIDE OF LINE -(STA 80 +89) PROPOSED P/PEL/NE Z CROSSING DILLY SHAW TAP ROAD Q MODRE /LATERAL (Re-roule) N w Brazos County, Texos IT ASSUMED ELEVATION -100' cpFC c er a w E r F E - SHEET OF 1 J ' I r Vo PAGE o CARLOMAGNO Surveying, Inc, T~ I{ I S L l PLAN 111 = 20° THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL 1 4 P , ~ P { ~ .rL _ y} 4•}'~' ro ~ ~"n Po ~Ig d s i7 ~y''y~ ~ 4 a~' + d 3 , `'i: ~ 4 f ° ~,~i,~ 1 ~ I ~f'._,~,..~i.s_..~ -+TC~ > 'S`',,5, ~•.yfy 3 ~ .-r Yea ~~•.~..~i~..St~. r a ,~>3a °.i~, s:~..>e-: 6, v~,_ ~,r ~ 'I - _ _ r ..M . ~ Y ~ ~V _ , ~ _ _ ^r~---.-ter..,,,. ~,.-x ._^az-k°~' 7 ~ ~,}'cn*~v,•-rZ m[hs'i'°i~.r~'^ I1 ~ ~ 1 FM 2776 i A? z 4. SO ISE L + I B ! -SA 6 bZ~IC !°J9 r~I _ S 6I III 6 1 D ~1 Tn 66-5A of o.L T y` PId Gt2°I,~[L ~9j°39r< 2loav i , ~.021 1 y I - _ TI 10 1 Y 453°37,t ° 9 to Cu erl 9 fo Cumerl F , - 1.5 1~j6YY'E I ~r77/OCR ~.ene - -S ? E ly Shaw Tap Road 15 1 I i „ r d A,// 4b a y f +I $47°X'£ i Y I 4 f . 4c FRANCIS HEI'DERSOW - - g ARV EY Q-20 a c~ I M, ~I r 5 I+ r~ I 4. Jj, = yoo- 4 t 5 l j f \ f r 's a f b 41 a a a t a 4 ' S f r S~ [LETTERHEAD OF COUNSEL TO ISSUER] II Re. Brazos County , Industrial Development Corporation Industrial Development Revenue Bonds (Eureka Investment Company Project) Series 1983 Texas Industrial Commission 410 East Fifth Street Austin, Texas 78711 Brazos County Industrial Development Corporation Brazos County Courthouse Bryan, Texas 77801 First City National Bank b of Houston E 1300 First City East Building 1111 Fannin t i Houston, Texas 77002 l Gentlemen we are general counsel for the Brazos County Industrial Development Corporation (the "Issuer") and have E acted as such in connection with the purchase by First City 1 National Bank of Houston, Houston, Texas (the "Purchaser") on this date of that issue of "Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (Eureka Investment Corporation Project) Series 1983," in the aggregate principal amount of $1,500,000 (the "Bonds"), .ssued pursuant to an Indenture of Trust (the "Indenture") l Dy and between the Issuer and First City National Bank of Houston, as trustee (the "Trustee"), dated as of March 1, 1983 In that capacity, we have examined the following i i i VOLaPAGEtO-7 =75 P X- 4N~ J J W 1 1, l } ~ - ~•n "i.~ !"•':r^^.n'l•'i'i:"M ,^t, .r..r ,p;.. r h.. r~-+.1,t.' ~,h ~ ~ ....~r...y.-. -e n. ~ - . ' ".v' "'C~. _ t 1 i . 1 f 1 (i) All proceedings and documents in connection with the organization of the Issuer. (ii) The proceedings of the Board of Directors of the Issuer authorizing, among other things, the following: (a) execution and delivery of a Loan Agreement (the "Agreement"), dated as of March 1, 1983, between the Issuer and Eureka Investment Company (the "User"), including a note from the User to the Issuer in the principal amount of the Bonds (the "Note"); (b) execution and delivery of the Indenture; (c) issuance of the Bonds pursuant to the Indenture; (d) acceptance of a Guarantee Agreement (the "Guarantee") dated as of March 1, 1983, from Mustang Tractor & Equipment Company to the Issuer and the Trustee; (e) acceptance of the Deed of Trust and Security Agreement (the "Deed of Trust") dated as of March 1, 1983, from the User to Alexander C. Baker, +Os mortgage trustee, for the benefit of the Issuer; and (f) execution and delivery of the Collateral Assignment and Security Agreement (the "Collateral Assignment") from the Issuer to the Trustee. (iii) A signed copy of the Indenture. (iv) A signed copy of the Agreement. (v) A signed copy of the Guarantee. (vi) A signed copy of the Deed of Trust. (vii) A signed copy of the Collateral ' Assignment. (viii) The Articles of Incorporation and ' Bylaws of the Issuer, together with such corporate records of the Issuer as we have deemed necessary or advisable for the purpose of this opinion. (ix) A signed copy of the Purchasers' Securities Letter of-Representation; dated as of r even date herewith. VOLqPAGE1OY r i ' ~ f~ ` ~ I r ` 1 r 4 z t, i t. I I I r n I - I r~ I y 4 t I~ li I, I I I r 1 4 (x) A signed copy of the User's Securities Letter of Representation, dated as of even date herewith (xi) Appropriate and applicable provisions of the Constitution and laws of the State of Texas, including the Development Corporation Act of 1979, Article 5190 6, Vernon's Texas Civil Statutes, as amended (the "Act"), as we have deemed relevant and necessary as a basis for the opinion set forth herein In our examination, we have assumed the authen- ticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies, the authenticity of the originals of such latter documents, and the accuracy of the statements contained in such certificates Based upon the foregoing, and upon such other information and documents furnished to us and the investigation of ¢uch other matters of law as we believe necessary to enable us to render this opinion, and subject to the qualifications described below, we are of the opinion that 1 The Issuer has been duly created and is a non-profit corporation duly organized and existing under the Constitution and laws of the State of Texas, particularly the Act 2 The Issuer has full legal right, power, and authority to adopt, enter into, carry out, and consummate all transactions contemplated by the Indenture, the Agreement, and the Note, including, without limitation, the power and authority to (a) issue and sell the Bonds, (b) lend the proceeds of the Bonds to the User in accordance with the Agreement, (c) execute, deliver, and perform its obligations under the Indenture and the Agreement, and (d) assign its rights under the Agreement to the Trustee pursuant to the Indenture 3 The Issuer has complied with the provisions of the Constitution and laws of the State of Texas, includ- ing the Act, required or necessary for the issuance and sale of the Bonds, provided, however, that we are expressing no opinion herein concerning federal or state securities laws c ~T -3- 1 P s t VOLgPAGE,~~ _ u~ - ---T -M - _T% V -mot 1 d ' tl r } + 1 ti I'■ ! F -a s 1 l 1 1 i 1 4. The Issuer has taken all action necessary to authorize the execution, delivery, acceptance, or per- i~ formance as the case may be, of the Bonds, the Indenture, the Agreement, the Note, the Guarantee, the Deed of Trust, E and the Collateral Assignment, and any and all such other agreements and documents that may be required to be 6 executed, delivered, or received by the Issuer in order to 1 carry out, give effect to, and consummate the transactions contemplated by the Bonds, the Indenture, the Agreement, ;l the Note, the Guarantee, the Deed of Trust, and the Collateral Assignment, and such action remains in full force and effect. S. The Bonds, the Indenture, the Agreement, and the Collateral Assignment, have each been duly executed and r delivered by the Issuer and each are in full force and effect, and each such instrument (assuming the due autho- rization, execution, and delivery thereof by the other parties thereto) constitutes a valid, binding, and enforceable obligation of the Issuer in accordance with its + terms. The opinions expressed in this paragraph are expressed only insofar as the laws of the State of Texas may ~ be applicable and are qualified to the extent that (a) the enforceability of the Bonds, the Indenture, the Agreement, and the Collateral Assignment may be limited by bankruptcy, insolvency, reorganization, moratorium, or other similar laws of general application affecting the enforcement of creditors' rights, (b) certain equitable remedies, including specific performance, may be unavailable, and (c) any indemnification provisions contained therein may be limited by applicable securities laws and public policy. We have ' made no examination of and express no opinioft with respect a to title to any of the properties described in the Deed of Y Trust or the Collateral Assignment, or the existence of any liens, charges or encumbrances thereon, or the perfection or priority of any liens, security interests, or assignments , granted or collateral assignments made under the Indenture, t the Deed of Trust, or the Collateral Assignment. Further, in rendering the opinion expressed above, we express no opinion as to the (i) enforceability of any non-judicial foreclosure and self-help remedies, (ii) enforceability of provisions which purport to restrict access to legal or equitable remedies or waive any rights to notices, or which purport to establish evidentiary standards, or (iii) enforceability of provisions relating to subrogation rights, suretyship, delay or omission of enforcement of rights or remedies, waivers or ratifications of future acts, VOI,4PACE 110 -4- ' ~P i „ ~ ~ v ~ - n" ~ i "w-i~rvtwr~• ice- .tee w~ .w~..r. ~ s ,gyp. + v - . - + A + F N a u 1 1 S j 11 1 i i N /f i~ 1 M1~ K r r 4 T 2" 1 t t t 7 d 40 j! , lj 8 To the best of our knowledge, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, or before or by any court, public board, or public body, pending against or, to our knowledge, threatened against or affecting the Issuer (nor to the best of our knowledge is there any basis therefor), wherein an unfavorable decision, ruling, or finding would, in any way, adversely affect the validity or enforceability of, or the transactions contemplated by, the Bonds, the Indenture, the Agreement, the Note, the Deed of Trust, or the Collateral Assignment, the existence or powers of the Issuer, or the exemption of interest on the Bonds from federal income taxation Respectfully, °5- 1 t VOLaPAGE LL - r' r _ ` _ _ - ' the rights of third parties, prohibitions against the trans- fer, alienation or hypothecation of property, indemnity, consent judgments, marshalling of assets, transferability of assets which by their nature are nontransferable, or sales in inverse order of alienation Enforceability of obliga- tions under the Indenture may also be limited by constxtu- tsonal limitations of notice and due process requirements and redemption rights of the United States under the Federal Tax Lien Act of 1966, as amended 6 All authorizations, consents, anti approvals of governmental bodies, or agencies required in connection with the execution and delivery of the Bonds, the Indenture, the Agreement, or the carrying out'by the Issuer of its obligations thereunder, have been obtained, including, without 1,1mitation, the approval of the Agreement by the S Texas Industrial Commission We express no opinion herein with respect to any consent, approval, authorization, or order of any governmental agency or body which may be required under the state securities law of any jurisdiction 7 The authorization, execution, delivery, acceptance, or performance, as the case may be, by the Issuer of the Bonds, the Indenture, the Agreement, the Note, the Guarantee, the Deed of Trust, and the Collateral Assignment under the circumstances contemplated thereby will not violate any provisions of Texas law or any applicable judgment, order, or regulation of any court, or any public or governmental agency or authority, of the State of Texas, and will not conflict with, result in any breach of any provisions of, or constitute a default under any commitment, agreement, or instrument to which the Issuer is a party or by which it is bound r` M~ * ~l n j _ R ! rl e , r t 1 c (LETTERHEAD OF COUNSEL TO USER AND GUARANTOR) e • } r Re: Brazos County Industrial Development ' corporation Industrial Development Revenue Bonds (Eureka Investment Company Project), Series 1983 1---- s 1 , c Texas Industrial Commission y 410 East Fifth Street Austin, Texas 78711 715 1 i 1 Brazos County Industrial Development Corporation Brazos County Courthouse Bryan, Texas 77001 First City Bank of Houston 1300 First City East Building 1111 Fannin Houston, Texas 77002 To the Addressees: We have acted as counsel to Mustang Tractor & Equipment Co. (the "Guarantor"), and to Eureka Investment Company, a wholly owned subsidiary thereof, (the "User") in connection with the issuance by the Brazos County Industrial Development Corporation (the "Issuer") of the captioned bonds (the "Bonds"). In such capacity, we are familiar with the Articles of Incorporation[, as amended,] of the User and the Guarantor, and the Bylaws[, as amended,] of the User and the Guarantor. - , _a t i d - VA PAGE ; l 4Y , ~ + ~ , r 1^ t r k! - L M1 r , r ~ Y,,.r y + r ` i o ~ r .r r r_ + f' r r .-,a !fr +3 1 >v a} r _ r~ r, fL L t '~I z ~ Y . I J We have examined originals or copies certified or otherwise identified to our satisfaction of such documents, corporate records and other instruments as we have deemed necessary for the purposes of this opinion, including particularly the following (i) The Loan Agreement between the issuer and the User, dated as of March 1, 1983 (the "Agreement") (ii) The note from the User to the Issuer, dated as of March 1, 1983 (the "Note") in the principal amount of the Bonds iY r, x~ ~r I t r r (iii) The Indenture of Trust between the Issuer and First City National Bank of Houston, as Trustee (the "Trustee"), dated as of March 1, 1983, pursuant to which the Bonds are issued (the "Indenture") (iv) The Approval of the Indenture, executed as of , 1983, by an authorized officer of the User (the "Approval"). (v) The Guarantee Agreement among the Guarantor, the Issuer, and the Trustee, dated as of March 1, 1983 (the "Guarantee") (vi) The Deed of Trust and Security Agree- ment from the User in favor of the Issuer dated as of March 1, 1983 (the "Mortgage") (vii) The Tax Letter of Representation, dated the date hereof (the "Letter of Represen- tation") from the User and the Guarantor to the Issuer and Bond Counsel On the basis of that examination and with due regard to those matters of law we consider to be relevant, we are of the opinion that 1 The User is a corporation duly organized and validly existing under the laws of the State of Texas, with full corporate power to conduct the business now being f -2_ 'y VGLQ PAGE_ A A= 0 r i Y r Gu.~~ulywr•j4 t p1 1 'R r ' 1` > , I 1 1 r a A 1 1 A conducted by it, and to carry out and perform its obli- gations under the Agreement, the Note, and the Indenture as [ evidenced by the Approval and the Mortgage. 2. The Guarantor is a corporation duly organized and validly existing under the laws of the Texas , with full corporate power to conduct the business now being conducted by it, and to carry out and perform its obligations under the Guarantee. 3. The User has full legal right, power, and ' authority to execute and deliver the Agreement, the Note, the Approval, the Mortgage, and the Letter of Representation and each of such documents have been duly authorized, executed, and delivered by and on behalf of the User and, assuming proper authorization and execution of such docu- ments by the appropriate parties, each is a legal, valid, and binding obligation of the User enforceable in accordance with its terms. 1 4. The Guarantor has full corporate power and authority to execute and deliver the Guarantee and the Letter of Representation and each such document has been duly authorized, executed, and delivered by and on behalf of the Guarantor and each is a valid, legal, and binding + obligation of the Guarantor, enforceable in accordance with its terms. 1 4 5. As evidenced by the Approval, the Indenture has been duly approved by an authorized officer of the User, as required by the Agreement, for and on behalf of the User, and the Approval constitutes the agreement and acknowl- edgment of the User that the Bonds have been issued in accordance and compliance with the Agreement, and that the User is unconditionally obligated to pay each of the Loan Payments with respect to the Bonds as defined and provided M in the Agreement, the Indenture, the Note, and the Approval. 6. The execution and delivery of the Agreement, the Note, the Approval, the Mortgage, and the Letter of % Representation and the performance by the User of its obli- gations thereunder do not and will not violate or constitute a default under the Articles of Incorporation or By-Laws of the User or, to the best of our knowledge, any court order or any material agreement, indenture, mortgage, lease,,,note, , r r D -3- ar MaPAGE 14 4 ^ - ++._r IrrbTlTti ~ ....."..tom •r.7.. _I . v ~F~..6 1 r O I w r y s 5 ~ l f , y f 1 ~ + J} r 4ry ^r i~ r 'h !f Y~ , + 1 ~1 ' ti or other obligation or instrument to which the User is a party or by the terms of which the User may be bound and no approval or other action by any governmental authority or agency is required in connection with the User's obligations thereunder. 7. The execution and delivery of the Guarantee and the Letter of Representation and the performance by the Guarantor of its obligations thereunder do not and,will not violate or constitute a default under the Articles of Incorporation or Bylaws of the Guarantor or, to the best of our knowledge, any court order or any material agreement, indenture, mortgage, lease, note or other obligation or instrument to which the Guarantor is a party or by the terms of which the Guarantor may be bound and approval or other action by any governmental authority or agency is required in connection with the Guarantor's obligations threunder. 8 To the best of our knowledge, after making a reaVonable investigation, there is no action, suit, proceed- ing, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or threatened against the User or the Guarantor wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated hereby or which would, in any material respect, adversely affect the validity or enforceability of the Bonds, the Agreement, the Note, the Approval, the Guarantee, the Mortgage, the Letter of Repre- sentation, or any material agreement or instrument to which the User or the Guarantor is a party and which is used or contemplated for use in connection with the transactions contemplated hereby 9 The representations and other information contained in the Letter of Representation have been reviewed by us and are correct and complete insofar as they constitute matters of law or 1-gal conclusions The opinions expressed in paragraph 3 and 4 above are qualified to the extent that the enforceability of the rights and remedies set forth in the Indenture, the Agreement, the Note, the Guarantee, the Mortgage, and the Bonds may be limited by bankruptcy, reorganization, or other similar laws of general application relating to or affecting the enforcement of creditors' rights We express no opinion h + -4- t ti 1 i i 1 1 ( f' ~ 5 ~ 1 r 1 ~ rt - - - f - j f f that any court, governmental 1 as to the specific remedy grant, impose, or I , authority, or board of arbitration may render in connection with the above-described instruments. L Very truly Yours, 1 4 A 4 ' t y t e 1 u n F ' f cr ~ t r f e y L - 7 '~Y _ ^T1~~-Ti•e-~ tas^-xt r,,.ru-'.. _ _ I • . 1 ~ i Ji1 1 i r F' b 4 L F? 1 f A I 3 [Letterhead of Bond Counsel) Re Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (Eureka Irvestment Company) Project) Series 1983, in the original principal amount of $1,500,000 Brazos County Industrial Development Corporation Brazos County Courthouse Bryan, Texas 77801 First City National Bank of Houston e 1300 First City East Building 1111 Fannin Houston, Texas 77002 Gentlemen We have acted as counsel for Brazos County Industrial Development Corporation (the "Issuer") for the purpose of rendering the opinion contained herein We have examined a No-Arbitrage Certificate of the Issuer, dated as of the date hereof, with respect to the captioned bonds (the "Bonds") Based on our examination of law and review of such certification and the covenants with respect to arbitrage contained in the Indenture of Trust, dated as of March 1, 1983, between the Issuer and First City National Bank of Houston, Houston, Texas, as trustee, it is our opinion that the Bonds are not arbitrage bonds within the meaning of section 103(c) of the Internal Revenue Code of 1954, as amended, and Treasury Regulations Sec- tions 1 103-13, 1 103-14, and 1 103-15 No matters have r 1; OLaPAGE t 1 if - ~F t 4-..ft-.SA~...o,- y ~'rs r- r+s'S r.,,~, _ r`~ r a -fir F ~r~ n «ry .ru-~r~,`,..+..- ) ~ ~ t +t a....y ~ d ` A+ \ r R 1 jff ~ F r i l h come to our attention which make unreasonable or incorrect representations made in such certification very truly yours, t l ~ L S f \ \ t l 1 r \ l 1 t ~ r 1 y r ~ i 1~' C e r r 1 1 r r ~ y t t r y ` ~ s t rs E 3~ r \ i ~ I f ~ I voL-qpace 11 g -Z- r i~ ~ r \ i 1 ' rl 1~ ~ troy ~ ~ I 1 ~ i G i i i .a I 1 t "3 Y I 1y 1 1` j'Tk f )i t 1 S 1 r'1 I~ 1 t r I T" 1 ~ n i 1 ti ti I1 { j i i ~Y 1 4 x ! ) 1 i 1 I V ' [Letterhead of Bond Counsel] WE HAVE ACTED AS BOND COUNSEL for Brazos County Industrial Development Corporation (the "Issuer") for the purpose of rendering our opinion as to the authorization, execution, authentication, delivery, validity, and enforce- ability of the bonds described below (the "Bonds") under Texas law and the status of interest on the Bonds under federal income tax law We express no opinion and make no comment with respect to the sufficiency of the security for or the marketability of the Bonds The Bonds are described as follows BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (EUREKA INVESTMENT COMPANY PROJECT) SERIES 1983, initially being issued in fully registered form, dated the date hereof, and aggregating $1,500,000 in principal amount, bearing interest from their date to the earlier of maturity or redemption at the fluctuating rate stated on the face of the Bonds Principal on the Bonds shall be payable (subject to the provisions for pre- pafinent or redemption set forth on the face of the Bonds) In annual installments of $150,000 on March 1 in each year, commencng March 1, 1984 to and including March 1, 1993 The principal of, premium, if any, and interest on the Bonds are payable by the Issuer solely from certain Loan Payments (the "Loan Payments") to be made by Eureka Investment Company (the "User"), pursuant to and as defined in a Loan Agreement, dated as of March 1, 1983, between the Issuer and the User (the "Agreement") in the amounts and by the times required to pay the principal of, premium, if any, and interest on the Bonds when due Pursuant to an Indenture of , J i~ i i j t~ f 1 y 11®Lq-)PAGIELff 1 u pg~ f ~ FMr ' ' Lf t a A t tiro t P t ~1 , tt f t ` i t ! r ~ t 1 t i / 4 CA t I4 1. The Bonds have been duly authorized, executed, authenticated, and delivered and are valid and legally binding limited obligations of the Issuer payable from the sources, and enforceable in accordance with the terms and conditions, described herein and therein. s Trust (the "Indenture"), dated as of March 1, 1983, between the Issuer and First City National Bank of Houston, Houston, Texas, as trustee (the "Trustee"), whereunder the Bonds are issued and secured, the Issuer has pledged to the Trustee as security for the Bonds the Loan Payments to be made by the User pursuant to the Agreement. The Issuer has reserved the right to issue additional parity bonds under and to amend the Indenture for the purposes, and subject to the restrictions, described therein. WE HAVE EXAMINED executed Bond Number R-1. We have also examined and relied upon original or certified copies of the proceedings of the Board of Directors of the Issuer authorizing issuance of the Bonds; certificates of the Issuer relating to the expected use of proceeds of the Bonds and certain other funds of the Issuer and to other material facts within the sole knowledge of the Issuer; certificates, resolutions, and representations of the User, including a Tax Letter of Representation, dated the date hereof, and certain other certificates and representations with respect to certain material facts within the sole knowledge of the User; certain certificates and resolutions of the Trustee; an opinion of Lawrence, Thornton, Payne & Watson, counsel for the Issuer, of even date herewith, as to the due authorization, execution, and delivery of the Bonds, the Indenture, and the Agreement by the Issuer; an opinion of Childs, Fortenbach, Beck & Guyton, counsel for the User, of even date herewith, as to the due authorization, execu- tion, and delivery of the Agreement by the User; and such other material and such matters of law as we deem relevant to the matters discussed below. In such examination, we have assumed the authenticity of all documents submitted to us as originals, the conformity to original copies of all documents submitted to us as certified copies, and the accuracy of the statements contained in such certificates. WE ARE OF THE OPINION, based upon such examina- tion, that, under Texas law in force and effect on the date hereof: -2- , VOL aPAG E _ t _ f _ _ f J Y , w ~ ~ LriJ.°e•.ic t~ .c t.,tt. \n ~ ~ • ~ , r i ~t 1 t t t r ji i 1 1 k + 1 ~t y l 11 ~ i1 I v I ~ t' 1I ~ fl ~ I ~r r ~ I I I T It ~I rl r t +f 8 ~ \7 r +i r x t >r > 1 I \ r t LI t~ r ' 2 ' The Indenture has been duly autho- rized, executed, and delivered by the Issuer, is a valid and legally binding obligation of the Issuer enforceable in accordance with its terms, and validly assigns to the Trustee all rights of the Issuer in and to the Loan Payments to be made by the User pursuant to the Agreement The above opinions are subject to the qualification that the enforceability of the Bonds, the Agreement, and the Indenture may be affected by bankruptcy, insolvency, reorganization, or moratorium or other similar laws affecting creditors' rights or the exercise of judicial discretion in accordance with general principles of equity. WE ARE ALSO OF THE OPINION, based upon such examination, that, pursuant to Section 103 of the Internal Revenue Code of 1954, as amended and currently in effect (the "Code"), and existing regulations, rulings, and court decisions thereunder, the interest on the Bonds is not includable in the gross income, as defined in section 61 of the Code, of the owners thereof (except with respect to any Bond for any pei iod of time during which such Bond is held by a "substantial user" of any of the facilities financed with proceeds of the Bonds within the meaning of Sec- tion 103(b)(13) of the Code, or by a "related person" as defined in Section 103(b)(6)(C) of the Code) We call to your attention the fact that the User or another person, by taking action within three years after the date hereof which causes the $10,000,000 limitation contained in Sec- tion 103(b)(6)(D) of the Code to be exceeded, may cause the intere$t on the Bonds to be includable in the gross income of the owners thereof r -3- V WP_ Y , 6 r~ 01 i f 1 + I~