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HomeMy WebLinkAbout1985-12-18-0730AM-Speciali - IIj! r ~ ~ .1 1 BR.AZOS COUNTY BRYAN. TEXAS AGENDA FOR SPECIAL EMERGENCY COMMISSIONERS' COURT MEETING WEDNESDAY, DECEMBER 18, 1985 - 7:30 A.M. i ' I t ~ I r I ~ I I I I I I I 1. CONSIDERATION OF ORDER AUTHORIZING THE ISSUANCE OF $9,425,000 BRAZOS COUNTY, TEXAS,GENERAL OBLIGATION REFUNDING BONDS, SERIES 1985; A BOND PURCHASE AGREEMENT, AND OTHER MATTERS RELATING TO THIS ISSUE. 1 I VO -PAGE i t t' a f h ' COMMISSIONERS' COURT SPECIAL MEETING DECEMBER 18,1985 The Commissioners' Court of Brazos County, Texas, met in Special Emergency meeting on Wednesday, December 18, 1985 at 7:30 A.M. in the Commissioners Courtroom of the Brazos County Courthouse, Bryan, Brazos County, Texas with the following members of the Court present: R. J. Holmgreen, County Judge, presiding: Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2 - Absent Billy E. Beard, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4. Other citizens present were: Sharon Fairchild Auditor Allison Blank Auditor's Daughter Davis McGill A.G. Edwards 6 Sons The Court considered an ORDER AMENDING THE ORDER AUTHORIZ- ING THE ISSUANCE OF $9,450,000 BRAZOS COUNTY, TEXAS GENERAL OBLIGATION REFUND BONDS SERIES 1985; REFUNDING OF CERTAIN OUT- STANDING BONDS: ENTERING INTO AN ESCROW DEPOSIT AGREEMENT; A BOND PURCHASE AGREEMENT; A PAYING AGENCY/REGISTRAR AGREEMENT; AND OTHER MATTERS RELATING THERETO. Davis McGill, with A. G. Edwards and Sons, Inc., explained that an error had been made in the original Order adopted by the Commissioners' Court on November 26, 1985, with respect to the Supplemental Interest Certificates and advised the Court that the order should be amended to allow for the issuance of the County's $9,450,000 General Obligation Refunding Bonds. On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unani- mously to adopt an order amending the original Order adopted November 26, 1985. Such action being subject to the approval of W. R. Vance, legal council for Brazos County. A full copy of the Order is attached hereto and made a part of these minutes. There being no further business, the meeting was adjourned. VOL PAGE 199 yyI I r m ~ i ' r t . r+ ti-n n r ~ . f The foregoing minutes have been examined and approved in open Court this the day of , 19in Bryan, Brazos County, Texas. A'q/ A'A'614inq o mgreen County Judge B Cooley Commissioner, Pre nct 1 Walter Wilcox Commissioner, Precinct 2 B y ear Commis ner, Precinct 3 e r-, e2i Milton Turner Fran Bork e Commissioner, Precinct 4 County Clerk i 1 r Z PAG , a I, I z Y r' tj E f r S I, e 4 1 COUNTY OF BRAZOS We, the undersigned officers of Brazos County, Texas (the "County"), hereby certify as follows: 1. The Commissioners Court (the "Court") convened in special session on the 18th day of December, 1985, at its regular meeting place thereof, within the County, and the roll was called of the duly constituted officers and members of the Court, to-wits R. J. Holmgreen County Judge Bill Cooley Commissioner, Precinct 1 Walter Wilcox Commissioner, Precinct 2 Billy Beard Commissioner, Precinct 3 Milton Turner Commissioner, Precinct 4 and all of said persons were present, except the following absentees: &)hL7GAe (~)1L (7~ el thus constituting a quorum. Whereupon, among other business, the following was transacted at said meetings a written ORDER AMENDING THE ORDER AUTHORIZING THE ISSUANCE OF $9,450,000 BRAZOS, COUNTY, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1985; REFUNDING OF CERTAIN OUTSTANDING BONDS; ENTERING INTO AN ESCROW DEPOSIT AGREEMENT; A BOND PURCHASE AGREEMENT; A PAYING AGENCY/REGISTRAR AGREEMENT; AND OTHER MATTERS RELATED THERETO (the "Order") was duly Introduced for the consideration of the Court and read in full. It was then duly moved and seconded that the Order be adopted; and, after due discussion, said motion, carrying with It the adoption of the Order, prevailed and carried by the following votes AYES: NOES: 2. A true, full, and correct copy of the Order adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; the Order has been duly recorded In the Court's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Court's minutes of said meeting pertaining to the adoption of the Order; the persons named In the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Court as indicated therein; each of the officers and members of the Court was duly and sufficiently notified officially and personally, In advance, of the date, hour, place, and subject of the aforesaid meeting, and that the Order would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of such meeting for such purpose; said meeting was open to the public as required by law; and public notice of the date, hour, place, and subject of said meeting was given as required by Article 8252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this 18th day of December, 1985. (COM.M.CT.SEAL) VOL. ' L \.~.a.-.may-vv , _ ~•T~4.',~ _ - I I • / ,y / ~ Y ` 1 ' C• ' 1~ ' , • I v v i , . Ir ..1i ?r y~ ~ J i. J I - - - - - - - - - I I - i t >f J ORDER AMENDING THE ORDER AUTHORIZING THE ISSUANCE OF $9,450,000 BRAZOS COUNTY, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1985; REFUNDING OF CERTAIN OUTSTANDING BONDS; ENTERING INTO AN ESCROW DEPOSIT AGREEMENT; A BOND PURCHASE AGREEMENT; A PAYING AGENCY/REGISTRAR AGREEMENT; AND OTHER MATTERS RELATED THERETO THE STATE OF TEXAS § COUNTY OF BRAZOS § WHEREAS, the Commissioners Court of Brazos County, Texas (the "Commissioners Court") has heretofore authorized the issuance of the County's "$9,450,000 Brazos County, Texas General Obligation Refunding Bonds, Series 1985" dated December 15, 1985 by an Order adopted on November 26, 1985 (the "Order"); and WHEREAS, the Commissioners Court deems it advisable to amend the Order with respect to Supplemental Interest Certificates only as hereinafter provided; THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT THE ORDER SHALL BE AMENDED AS FOLLOWS: 1. Section 3B of the Order is hereby amended to read as follows: i i 1 it i i i i ' I w. Section 3B. Supplemental Interest Certificates. In addition to the Bonds, 18 supplemental interest certificates ("SICs"), numbered SIC 1 through SIC 18, dated the date of delivery in the aggregate amount of $845,777.78 are hereby authorized. All the supplemental interest is calculated on the basis of a 360-day year, of twelve-30 day months, from the date thereof and shall be payable on the date and in the amount set forth in the table below. Supplemental interest shall be evidenced by SICs in the form set forth in Section 4B and shall be in addition to interest on the Bonds as described in Section 3A. The SICs shall be issued and shall become due and payable on the supplemental interest payment due date set forth below: is /s v~ . ♦ ~JL.I,.L~ .'~.u. u..t~ - _ _ - L'u-. .E} vi...•.'S,~wNi 't ~ R'^+'- w~,•I•a`--~6[.. -a: COY • .n ~ l K, t Supplemental Supplemental SIC Interest Interest Number Payment Date Amount 1 March 1, 1986 $ 52,888.89 2 March 1, 1986 52,888.69 3 September 1, 1986 45,000.00 4 September 1, 1986 45,000.00 5 March 1, 1987 45,000.00 6 March 1, 1987 4$,000.00 7 September 1, 1987 45,000.00 8 September 1, 1987 45,000.00 9 March 1, 1988 45,000.00 10 March 1, 1988 45,000.00 11 September 1, 1988 47,500.00 12 September 1, 1988 47,500.00 13 March 1, 1989 47,500.00 14 March 1, 1989 47,500.00 15 September 1, 1989 47,500.00 16 September 1, 1989 47,500.00 17 March 1, 1990 47,500.00 18 March 1, 1990 47,500.00 i, 2. The first paragraph following the Form of the Bonds on page 4 of the Order is hereby amended as follows: "BRAZOS COUNTY, TEXAS (the "County"), a political subdivision of the State of Texas, promises to pay to the registered owner (the "Registered Owner") identified above, or registered assigns, on the date specified above, upon presentation and surrender of this bond at the principal corporate trust office of MBank Dallas, N.A., Dallas, Texas, or its successor (the "Paying Agent/Registrar"), the principal amount identified above, in lawful money of the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360-day year of twelve 30-day months, from the later of December 15, 1985, or the most recent interest payment date (defined below) to which interest has been paid or duly provided for plus supplemental interest evidenced by Supplemental Interest Certificates 1 through 18, dated as of December 15, 1985, and delivered concurrently with the Special Bond (defined in the Bond Order as Bond No. R-5 or any bond bearing Supplemental Interest issued in exchange or replacement for Bond No. R-5) in the aggregate amount of $845,777.78. Interest on this bond is payable by check or draft payable on March 1, 1986, and each September 1 and March 1 thereafter (the "Interest - 2 - V ' , VOL PAGE .r r• . - i.. .-.-r.- Vq -r-- t--^T• -..-r-~ i t--•..~ r•~...++..-._~« t I Ct I t r rI Payment Date"), mailed to the Registered Owner of record as shown on the books of registration kept by the Paying Agent/Registrar (the "Register"), as of the date which is the 15th calendar day of the month next preceding each Interest Payment Date (the "Record Date"), or in such other manner as may be acceptable to the Paying Agent/Registrar. 3. The first paragraph of the Form of Bonds in Section 4A of the Order on page 5 for Bond No. R-5 is hereby amended as follows: "THIS BOND is one of a series of Bonds (the "Bonds") dated as of December 15, 1985, of like designation, date, and tenor, except as to number, interest rate, denomination, and maturity issued pursuant to the Order adopted by the Commissioners Court of the County (the "Court") on November 26, 1985 (the "Order") which was amended with respect to the Supplemental Interest Certificates only by an Order of the Commissioners Court on December 18, 1985 (collectively, the "Bond Order"), in the original aggregate principal amount of $9,450,000 for the purpose of refunding bonds originally issued, of which collectively $9,450,000 remained outstanding on the date of the Bond Order (the "Refunded Bonds"), are comprised of two separate issues, to wit: "Brazos County, Texas Limited Tax Courthouse and Building Bonds, Series 1980-A," originally issued in the aggregate principal amount of $1,000,000, of which $500,000 remained outstanding on the date of the Bond Order; and "Brazos County, Texas Permanent Improvement Refunding Bonds, Series 1981," originally issued in the aggregate principal amount of $9,000,000, of which $8,950,000 remained outstanding on the date of the Bond Order." 4. Section 4B of the Order is hereby amended as follows: "B. The SICs. The SICs shall be issued, shall be payable at the stated Supplemental Interest Payment Due Dates, in the Supplemental Interest amounts, and shall be signed and executed, all as provided in the manner set forth below. The form of the SICs, the form of the Authentication Certificate, and the Form of Assignment, which shall be, respectively, substantially as follows, with necessary and appropriate variations, omissions, and insertions as permitted or required by this order, and the definitions contained within each such form shall apply solely to such form. - 3 I ~ -e i I