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Home My WebLink About1983-05-23-1000AM-Specialr' r f F i ~ Y COMMISSIONERS' COURT SPECIAL MEETING MAY 23, 1983 A special 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, Texas, beginning at 10.00 A.M. on Monday, May 23, 1983, with the following members of the Court present Walter Wilcox, Commissioner of Precinct 2, presiding. Bill J. Cooley, Commissioner of Precinct 1, Billy E Beard, Commissioner of Precinct 3, Milton Turner, Commissioner of Precinct 4, The following citizens and officials were in attendance Carol Snedeker Diane Macfarlane Van Kinerd Richard Fronterhouse William S. Thornton Mike Kennedy Lisa Blackburn Mark Smith Jann Snell On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to approve the minutes of the Commissioners Court meetings held January 10, 1983, Jan- uary 24, 1983, February 14, 1983, February 28, 1983, March 14, 1983, and March 28, 1983, without change. County Judge's Secretary Intern, County Judge's Office County Auditor Constable, Precinct 4 Lawrence and Thornton KTAM/KORA Radio Fulbright and Jaworski (Houston) KBTX The Eagle The next matter to be considered by the Court was a RESOLUTION BY THE BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING t ' E I 1 s ti A FOR THE ISSUANCE OF BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (EUREKA INVESTMENT COMPANY PRO- JECT) SERIES 1983. Lisa Blackburn representing Fulbright and Jaw- orski informed the Court that this additional action was necessary ~I e I to conform to new Federal Regulations that had been passed and that the Bond closing would exceed the sixty days allowable by State Law. On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to adopt the RESOLUTION as presented. A copy of full Resolution is attached to and made a part of these minutes. I, i t. f r t i i The Court next considered a request from Richard Fronterhouse, Constable of Precinct 4 for the Court to appoint James H Welch,Jr, • as Deputy Constable for Precinct 4 On motion by Commissioner Beard, t seconded by Commissioner Cooley the Court voted ,unanimously to ap- point James H Welch, Jr as Deputy Constable for Precinct 4 Next to be considered were requests to install pipelines in j County rights-of-way as follows { 1 Ferguson Crossing Pipeline Company proposed to make the following installations (a) Gas Line in the right-of-way of Alexander Road in Precinct 2 (b) Gas Line in the right-of-way of Mensik Road in Precinct 2 (two crossings) 4 ky 2 Liquid Energy Corporation proposed to install a gas line in the right-of-way of Wallis Road in Precinct 3 3 Andrus Pipeline Corporation proposed to install an oil pipeline across the property known as the County Shop, a distance of 68 18 rods On motion by Commissioner Beard, seconded by Commissioner Turner • the Court voted unanimously to approve the requests and authorize the installations A copy of all applications are attached The Court next considered the Change of Status for the follow- ing employees Tom Laningham Oliver I Fields Elaine Marie Hanus Don Dyer Isaac Hernandez Kelly Benton Joseph D Moore LaNell D Linger Lisa Joyce Johnston Bennie Bilbo Marilyn Lenz Tommie Lee Green Ralph Frank Jones Raul Ledezma, Jr James H Welch, Jr ti Precinct 1 Sheriff's Department Tax Office Data Processing Buildings and Yards Tax Office Sheriff's Office Juvenile Services The Brazos Center The Brazos Center The Brazos Center Road and Bridge, Precinct 4 Sheriff's Office Buildings and Yards Constable, Precinct 4 On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unanimously to approve the Change of Status as submitted -yJ i a a VO&PAVE 111 t i~ The Court next considered the following Claims as submitted by the County Treasurer for payment: General Fund - Claims 3763 through 4085 Law Library - Claims 4087 through 4090 Revenue Sharing Fund - Claims 4091 Foster Care - Claims 4115 through 4135 Juvenile Commission Grant - Claims 4136 through Health Department - Claims 4112 through 4113 County Attorney Check Collection Fund - Claims 4103 District Attorney - Claims 4104 through 4111 Road and Bridge - Shop - Claims 4137 through 4163 Road and Bridge - Precinct 1 - Claims 4164 through 4213 Road and Bridge - Precinct 2 - Claims 4214 through 4276 Road and Bridge - Precinct 3 - Claims 4277 through 4293 Road and Bridge - Precinct 4 - Claims 4294 through 4313 On motion by Commissioner Cooley seconded by Commis sioner Beard the Court voted unanimously to approve the Claims a s submitted, Under other business Commissioner Cooley requested and moved authorization to reallocate funds in his budget to accomodate the payment of a note to the First National Bank in the amount of $32,457.22, Such budget amendment would require transferring $10,500.00 from 1 line item to the payment of notes. The motion was seconded by Commissioner Wilcox and carried unanimously. A copy of such Budget Amendment is attached. Commissioner Beard requested authorization to issue two Time Warrants to the First City National Bank to allow for the transfer of two Time Warrants held by the First National Bank of Bryan. One Warrant in the amount of $15,000 plus interest and one Warrant in the amount of $19,797.05 plus interest. Both Warrants were author- ized by the Commissioners' Court on January 10, 1983. After dis- cussion and on motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to authorize the issuance of the Time Warrant to the First City National Bank, with monies to be paid out of the Road and Bridge Precinct 3 Budget. It was the consensus of the Court that the next agenda carry an item for amending the Precinct Budgets. There being no further business the Court adjourned. a 0 i r ,i 'l t~ is r iE , M t}~ i i k .,4 C. It ~ I , 1 +t s I i t c The foregoing minutes have been examined and approved in open Court this the 13V, day of 19f3 , in Bryan, Brazos County. Texas R J1 o mgr en County Judge fr r~ f } r a i Mid o Turner Commissioner, Precinct 4 t 1 J + a ter Wilcox Commissioner, Precinct 2 4 i I~ I i _ casrna • ` Irn I A- ':ZZ '-f 'P B J Cooley Commissioner, P ecinct 1 11 Billy Fil-I ear Commissioner, Precinct 3 Franc Bor s c e County Clerk rN C 9 VOLJ,Pkr.E -7970 R - -7" r t' t l , CERTIFICATE FOR 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 I, the undersigned, County Clerk of Brazos County, Texas (the "Unit"), do hereby certify as follows: 1. The Commissioner's Court '(the "Governing Body") of the Unit convened in special session at the Brazos Center, Bryan, Texas, on May 23, 1983 (the "Meeting"), and the roll was called of the duly constituted members of the Governing Body, to-wit: R. J. Holmgreen, County Judge Bill J. Cooley, Commissioner, Precinct 1 Walter Wilcox, Commissioner, Precinct 2 Billy E. Beard, Commissioner, Precinct 3 Milton Turner, Commissioner, Precinct 4 All of such persons were present, except the following absentees: R. J. Holmareen, County judger , thus constituting a quorum. Whereupon a written: RESOLUTION APPROVING RESOLUTION BY THE BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (EUREKA INVESTMENT COMPANY PROJECT) SERIES 1983 (the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried' by the following votes: AYES: 4 NOES: 2. A true, full and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons f' i ~t + L f f e{ f f w i ~ f t t L1 J~ F named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body, each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose, and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended r SIGNED AND SEALED this May 25, 1983 r r • Cd y Clerk ✓ (SEAL) -2- ` t f ! I i + 1 i a '5~ -r 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) r SERIES 1983 WHEREAS, the Brazos County Industrial Development Corporation (the "Issuer") was created by the Commissioner's i, 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 .i Unit certified minute entries containing the proceedings f from such hearing, a copy of which proceedings are attached hereto as Exhibit A; a WHEREAS, in order to satisfy the requirements of f Section 103(k) of the Code, it is necessary for the Unit to approve the Bonds after the public hearing has been held; k' WHEREAS, Section 25(f) of the Act requires that the governing body of the Unit approve the resolutions of a the Issuer providing for the issuance of the Bonds no mor e than 60 days prior to the delivery of the Bonds; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; o THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S i ; 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 4 March 15, 1983 (the "Resolution"), a copy of which is l- attached hereto as Exhibit "B" and made a part hereof for ti all purposes, is hereby specifically approved, i E + a P. 4 L l r ~I r 4 r~ P n d • y b J t - 1 I Section 2 The issue of bonds styled "Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (Eureka Investment Company Pro)ect) Series 1983" in the principal amount of $1,500,000, which bonds will be issued to fund the construction of a 28,000 square foot building to be located on a 15 acre tract on State Highway 21, 3 7 miles west of the city limits of Bryan, Texas, and certain equipment to be used by Eureka Investment Company for the servicing, remanufacturing and support of Caterpillar construction machinery, engines material handling equipment, and related components, is hereby approved pursuant to Section 103(k) of the Code Section 3 The approval herein given is in accor- dance 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 reve- nues 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 autho- rized 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 I, PASSED AND APPROVED this May 23, 1983 Cou y Judge 1, t „ J 1 ATTEST f , s County Jerk (SEAL) -2- I .--I - f t i 1 I i ,I } EXCERPT FROM MINUTES OF MEETING OF MARCH 15, 1983 t The Vice-President opened a public hearing for the purpose of hearing from interested members of the public concerning the proposed issuance of bonds styled "Brazos County Industrial Development Corporation Industrial Development Revenue Bonds (Eureka Investment Company Project) Series 1983" (the "Bonds"). The following persons were present at such 1 hearing: Name organization ` 1. Bill Cooley Vice President of Brazos County Industrial Development Corpora- tion (the "Issuer") 2, Billy E. Beard Secretary of the Issuer- 3. William S. Thornton Attorney for the Issuer i t 4. A. L. Chalker Representative of Eureka Invest- ment Company `j , 5. Charles Patterson Bond Counsel for the Issuer ' 6. Ruth McLeod Administrative Assistant to the ; Commissioner's Court of Brazos County-Courthouse. The Vice-President requested all persons who a' desire to speak either for or against the issuance of the Bonds or the project proposed to be financed with the pro- ceeds of the Bonds to so indicate by raising their hands. No persons present at the meeting so indicated.' There being no persons identifying themselves as desiring to speak, the Vice-President then announced that • the hearing was closed. r R 1 4 r' 4 h r f°~ 3il 1 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 Act of 1979, Article 5190 6, Vernon's Texas Civil Statute, as amended (the "Act"), the Brazos County Industrial Development Corporation (the "Issuer"), on behalf of the ,Brazos County (the "Unit"), i5 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) r 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 E and the issuance of the Bonds were considered, and WHEREAS, there have been presented to the Issuer proposed forms of each of the following 1 Exhibit B, Page 1 Y0LZ7PAQE O_7 ~ _ lrmwo raa ~ .e ~ y`_+ M4o~T ~ ~ ~.~-..r a-w_ '.~--'„_s3~w.~' nw..rti f~ i~ i i a I I r 4 r r' , Y t 1. Loan Agreement, dated as o•f 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, Hou-,ton, 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, 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 BRAZOS COUNTY INDUSTRIAL DEVELOPMENT CORPORATION THAT: Section 1. Based solely upon the representations made to th6 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 e 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 Exhibit B, Page 2 l r 't r I , II I + ,i i IC , r I~~ a - ~ ` - - wn - ~ sr.w..e ,.~~r ~ - - _~.'--.sue ' I ~ • r • I • - lj I I 711'1 r a 1 E i Ih ~ ~ • t directed for and on behalf of the Issuer to attest the { Agreement, and such officers are hereby authorized to deliver the Agreement Upon execution by the parties thereto and delivery thereof, the Agreement shall be binding upon the Issuer in accordance with the terms and provisions thereof Section 3 The Bonds in the aggregate principal ti amount of $1,500,000 are authorized tQ 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 Tne 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 i hereby authorized to deliver the Collateral Assignment d Exhibit B, Page 3 b f t~ AV. Section 7. The President and Secretary are hereby .t 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 ti 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 a National Bank of Houston, Houston, Texas, at a price of 100% of the principal amount of the Bonds is hereby authorized and approved. t 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 ifi connection with the- o issuance of the Bonds. ' Section 13. The officers executing the documents r 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. ; Section 14. 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. Exhibit B, Page 4 v : r~ •-•+r~'^ - rte.--.r•:e - - i` •-757``!~~~.ti'._` i s~.'~•`•'.,',;,~aa.a w.~+- w._~ ~..'~..r.•'~~_-- =lam =-S~ ~ E t, L r I 1~ L r 1 t L S I ~Q L M1 it J S ! L 5t Y r Y} E } r. i f V Section 1S If any section, paragraph, clause, provision of the Resolution shall be held to be invalid or I unenforceable, the invalidity or unenforceability of such section, paragraph, clause, provision shall not affect any r 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 f PASSED AND APPROVED May 23, 1983 1 ~ 1 ~ • r 1 P'r'e'-sfil' dc' ent ATTES CS C r _ Secr ary r 4 i1 • stArL) ~ en I ~ •r . S t \ 1 t 1 Exhibit B, Page 5 1-1 4 r NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY 0 r J 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 , Applicant, proposes to place a Gas Line within the right- of-way of Alexander 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 (40') 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 16th day of May 83 APPROVED BY COMMISSIONERS' COURT Date: d- firm: FERGUSON CROSSING PIPE LINE COMPANY By : Title:' Belton llightower, Senior Landman Address: P.O. Box 1166 Brenham, Texas 77833, Phone:- 409/836-6685 ~ ~®15m~~1177{C,~~Q , f a i' ~i t i- t- 1 ; ' i 1 ' f~ jr r ~^'r`~..r^^ ~'~.N7'"*9..~~ s~'"~~1..' t ~v~7t NZt-7'V~'-,7~ry-r+r...[w~.n~r+^t~"' ytaa s ~~.e -t-~ ~..r•-,. 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V41 { pry "gig'' , ~ t ~ : f a • i 4 t+ r+y`r rah t~a e yce G .t• jz. ? c r } ~rtUP it ~ c~a ~ ~~rr , [ q 11" Y ~ 7O s ~ 1 09 7 V It I 10 1 L s ✓ , ~ d ~o G'=•`tR: a X31 is + ►a'.rrr d GPre`~g,~ a 1 E t+ ,K ~ ~ ~ ~ G e +eA~ _ ~ to N• • r y~t ! ~~vA1~~q% c( Y4'~ ~~ry4~~ + +ttc `a 1+1- t ~ugS 11 ` 1 t Ott to , 16 3 a+t s z r} G \ J-9 At ~~AS N Iv \ ~a{ ~ a , ~ ~E ~ , , r n 1 ~ ~•+.q ~~tMa ~1 KO„nv ~~A 1 woo p0~ 1 0 D ~ • '~yM!l'n j~k d~ftyrA 016 1f',,t b } s ` b' et ear \ 1 ,K°a 011i • ~t 6 ~ sae., ~ , s , ea} of Yr5$°s ~ E ~14 ' t y 1 i O• KO"LAt ro w ~ 1k r s r 4a pW'- 270 to c; i~•+ It 7l jar 0 C6 r Z vm* ~ t fit' S f~f a e+~a 1~• tl t + S ~i i t~ ° , Jf~~ rL ~ 1 1 j r R v A N~ ~ t`L~ ~ } ~ t 1!\ + iI ~\.rtO; 7 a Gr d Of 1 ~ ` ~J~+' ~ i ' ' oO~ L `'`Add t1 Jay d r r , _ " Pete" c• s . 7 , ~ 1 ` r \ 17 n , r (f~ , P~ + t D°,a+~A 9 ~ y ) 9 r , ' r j 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 , Applicant, proposes to place a Gas Line within the right- of-way of 8~e~ch-&o2A MrWsik '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 COUNTX 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 16th day of May• 83 Firm: FERGUSON CROSSING PIPE N -(;OkTANX By Title;--Belton Hightower, Senior Landman Address: P.O. Box 1166 APPROVED BY COMMISSIONERS' COURT Date' K211v- Iq 97r 4 S W. =.4 4 0 2,4" 01 'I I r 1 hl 1. a i v I~ t i 1 4 ~ tf > I ' r, Y r} r• f Brenham, Texas 77833 Phone: 409/836-6685 1 c 1) 1 I v ; 1 I 1~ l • h ~ f ' I ' t THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL 7 Tot 10 1 ti I lip. 26 AIL as ,L a • r ` - v~ t.6ti ~~Y~ 4 t J tier r~ r 7 f 1 r K + r c I 1 t ~ ! t +1 • ny A r~ r r i,. L I~ • l • V° tr .IM! t r _ ~ 1 .tom ~ Ir~1 1 ~ 4 7 ~ 7+ K K T 1 h rr '1 y v UOM~rpl • • ~3 - yr 1 ' I f. ~ f q.~ -w n~Fr 11r 1 1 ~1~~ c- ♦r~ ~rCU•a ~tiM 4o R yarn { r- % ♦ 1 ~ • T i .r.A~ r ~ o'. AC 5 7/2 61,00' r t n 0 1 f 11P , my A. 53 43 • •'i 1 ~ r r~ ~ I w Ji air ~ Fyn r 1• r ~ ~ ~~~n Glr~,fya ~i L4 r43 3133,8 37336 0 3 ~O ! ~v t• 1 : r v^I " y y It ° e,/ y 9e ~C ~ ~ . s ih L .1J ' a r lb b 1 Y 1 1~ T __r_ { . ` r' • l fal ` , VOMAr ~ r h 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 T•TQurn ENERGY CORPORATTON o Applicant, proposes to place a rag Line within the right- of-way of Wallis 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. S. 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 (21) 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. 8. That all sites will be barracaded during the -onstruction period. Construction of this line will begin on or after the 24th day of May 1983 Firm: LIQUID EP1ER .X CORPORATION By: Title: ,Belton Hi,Qhtower. Senior -Landman Address-.p.0, Box 4000 ; I, f11 I Phone : n 3 /363-5500 APPROVED BY COMMISSIONERS' COURT Date: 6?1A_ al , ~1.0 r ere~a.~r~~~~Jo. 011 t, ' I .I 71 ' , r l' • 4 i i , J n, r , Y r r t s 1 r r y F r E K t Y F~ < ~ t F e , f ~~1 ,n f r ~ r 1. May 16, 1983 r yr r S i f ~ ~ y r s b i a r PROPERTY DESCRIPTION F C P L WALLIS ROAD R 0 W COUNTY ROAD PCT 3 Part of the S F Austin Survey, A-63, of Brazos County, Texas, being situated across a portion of the Wallis Road ROW tract PIPELINE EASEMENT The Pipeline Easement across the above described property having a Centerline description as follows BEGINNING at Survey Station 26 + 89, being on the fenced Southwest line of the Wallis Road ROW, being 49 00 feet Southeast along said Southwest line of said Wallis Road ROW from the North corner of L A Ford, Jr 6 72 Acre tract, THENCE leaving said BEGINNING POINT N 36°48' E. 99 00 feet to Survey Station 27 + 88, being on the fenced Northeast line of the said Wallis Road ROW tract, for the terminal point of this easement, being 177900 feet Northwest along said Northeast line of Wallis Road ROW from the" South corner of Coulter Rield (The City of Bryan) 247 75 Acre tract Covering 6 00 Lineal Rods EXHIBIT "A" 1 t II II I - - - - - - _T-- Brazos County, Texas i~ S TEPHEN F AUSTIN SURVEY A-6.3 1 J ft tg prom d /V.w O10 1~kz pA` V I 135 CASING PROFILE ~Ierlicol l 20 Honzon>ol x' I I T B M- 6 0 NAIL SET IN (L OF co FERGUSON CROSS/lVG P/PEL/NECO WALLI S RD -{STA 27 t3~ PROPOSED PIPELINE Z CRO55ING WALL IS ROAD I ELEVATION 100 0` s R-odix/ Ljrv to agpXro/ Bryan ~I Brozos County, rezos DRAWN 8Y YIN OATE - CHEC,cED BY DATE A i E SHEET 0 CARLOMAGNO Surd o eying9 (P1G ti E i ti I[~ f~ 1 t t 1 1 t )A t~ 1< P~ t 15 Z u 1 6 S , { w 2 "I i n n...hnr~C An 1 /X 1 e 1F` I dr SPPO 4~1V 7- or" 51, 6w Pvw," A e The City of Bryan (Coulter Feld) 247 75 Ac Vol 96 )cb9c 283 e Vol 97 Page 207 94 Page 463 " L A Ford, Jr 'i 6 72 Ac '/of 549 Page 766 ~ P 1 F~ IIZ i f l~l I a " i i " " I tl l W b t t A FOB V - ..l.ud ji 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 ANDRUS PIPELINE CORPORATION , Applicant, proposes to place a oil pipeline across the property 4D6. called Brazos County ops in Brazos County,, .Texas as follo*s s - Road crossing only. XX Installation across county owned property a distance of 1,125 feet _ Installation parlleling the roadway a distance of feet. 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. t ~ 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. 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 f the center of the roadway. i 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 minimum per rod when paralleling the ;t roadway. Construction of this line will begin on or after the 23rd day of May , 1983 APPROVED BY COMMISSIONERS' COURT Date: Fee Received: Date May 19, 1983 Amount: $2,386.30 r Firma ANDRUS PIPELINE CORPORATION ~I By: l ✓ ~ l1 b i, Title Y / • • 5 I^ 1 Address a 7607 EastMark Dr., Suite 250 College Station, Texas 77840 Rhone: _764-9411 or 764-9234 ; I aJ , fY ~ s+ e Date May 4, 1983 F EXHIBIT "A" i TRACT NO, 121 68.18 TOTAL RODS r FIELD NOTES MADE FOR BRA20S COUNTY 1 ti. ) 7 t t I 9 r BEING a part of the S F Austin League No 10, Abstract 63, Brazos County, Texas, and a part of the remainder of 25 99 acres tract of land as recorded in Volume 35, Page 260, Deed Records, Brazos County, Texas BEGINNING at a point on the Northwest property line of the asforementioned remainder of a 25 89 acres tract of land, said point being Southwesterly along said property line, 142 feet from an iron pin marking the North corner of the asforementioned remainder of a 25 89 acres tract of land, THENCE South 44° 44' East, 38 feet to a point, THENCE South 45° 16' West, 49 feet to a point, THENCE South 09° 40' East, 307 feet to a point, (HENCE South 49° 49' East, 157 feet to a point, THENCE South o3° 53' East, 301 feet to a point, THENCE South 61° 55' East, 270 feet to a point, THENCE South 26° 16' East, 3 feet to a point on the Southeast property line of the asforementioned remainder of a 25 89 acres tract of land, same being the Northwest right-of-way line of Old Reliance Road, said point being Southwesterly along said Southeast property line and right-of-way line, 21 feet from the East corner of the asfcitmentioned remainder of a 25 89 acres tract of land l .p 3 r n of V® AQT ~-~r~+-arr~~n+rc-r-~r rss--~~-~'^'~_' ~ .~~+~~.+y ~ r"- . r<•- ~ _ - C S' e , B RAZOS COUNTY, TEXAS S F AUSTIN LEAGUE NO 10 A_C3 . BRAZOS COUj r X Proposed Central 6 South Sect/on 6" Pipol 9 \J~ S 6 \Q S s /2 / R D OLD RELIANCE ROAD, R/W [t t EXHIBIT "B" t S k F 8 2086 P a 23-26 Total Rods, 6818 ANDRUS PIPELINE CORPORATION HOUSTON TEXAS PROPOSED 6If PIPELINE ACROSS BRAZOS COUNTY No DATE R¢vIalow ar BRAZOS COUNTY TEXAS DRAWN BY PCm DATE 5 9 83 a GULL~YY ASSOCIATES . INC CNCCKa0 By rhb DATE 5 11 83 CB -'PP ° 121 HOUBTON,T1IEXAS SCALE 1 200 v 0 Y t IF r d b Igo r EX/E WHITE ESTATE 2' Iron Pin (Found) 0° 44' E- 38' a/6'W-49' S090 40 S 650 53'! THOMAS PA RK r; 4J f ri 7 .F ~ t { E i 1 t BRAZOS COUNTY, TEXAS 6 BUDGET AKEMD1101T FOR WE BUDOT YEAR r #6 On this the 23rd day of N'aj , 1983 , at a Regular session of°Commis`sioners Court t e o owing members were present , County Judge Bill J Cooley Commissioner, Precinct 1 a fWalter Wilcnx, Presiding , Commissioner, Precinct 2 Billy Beard Commissioner, Precinct 3 Milton Turner , Commissioner, Precinct 4 ,The following proceedings were held: THAT WHEREAS, or May 23 + 19jqj- the Court heard and approved a budget amendment for 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 Nnv_ in 1989 . { the following amendement(s) to the original are hereby authorized 1 Increase t Account No Department Reason Amount (Decrease) Y'} 20-41-7120 R & B to pay off note at FI Pct, 1 lst National Bank $11,795 14 20-41-7121 to 1,132 99) 20-41-6220 " it (10,457 22) THE C MMISSIO RS' COURT OF BRA2OS COUNTY, TEXAS BY tiq~,7 G~~~~ , COUNTY JUDGE PA a~Z S' VoLJ 2 - , - I ( `J i 0 I 1. 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