N0, 12618 03DEFt AUTIIOc ILIL7G THE IS:,UANCE OP $15~P,000 "'r:ERR COULdTY, TEh11S, CERTIFICATES U"r' OBLIGATION, SERIES 1976," llATED L?ARCI3 1, 1976 THE STATE OF TE::AS ) COUNTY Or' KEKR ) ON TIiIS, the 8th day of lwiarch, 1976, the Commissioners' Court of Kerr County, Texas, convened in renular session at the regular meeting place of said Court in the Courthouse at F:errville, Texas, the meeting being oven to the public and notice of such meeting having been given in advance as prescribed by Article 6252-17, Section 3A, V.A.T,C.S., with the follow- ing. members of the Court beinn present and in attendance, to wit: JULIUS R. NEUNHOFr'ER COUNTY JUDGE Presidin„ and , t+. C. SCFIS9ETIiLLPI ) r_Op~,P~iS55IONER Precinct :70. 1 CLINTUN Ll. SALLEE ) , CObibiISSIONER Precinct No. 2 ADOLPH BA3TEL ) , COLiI~lISSIONEit Precinct No. 3 kOGE~ STONE ) , COIdr1ISSIONER, Precinct No. 4 and with the following, absent: NONE constitutin~~ a quorum; and among other proceedings had :ere the following: 'Phe Presiding Officer submitted to the Court the following resolution and order: _ LEAS, the Coru:ussioners' Co~.irt of I<.err. County, Texas, has heretofore authorized and sold $860,000 "Kerr County, Texas, General Obligation Bonds, Series 1976", to provide Funds to expand and improve Courthouse facilities in the County Courthouse and Jail Building, $760,000 of such bond proceeds to be used to construct an Annex to the County Courthouse and Jail Building and $lOC,000 of such bond funds to be used for improvements to existing Court- house facilities; and WHEREAS, upon receipt of bids for the contract proposed to be let by the County for the construction of the Annex to the Courthouse and Jail Building, the County's Architect and Engineer foz the project have advised the Court that the lowest and best bid for the contract was submitted by Waco Construction, Incorporated, Waco, Texas, in the amount of $856,900; and WHEREAS, to meet the deficiency of 596,900 between the amount of bond funds available ($760,000) for the aforementioned contract and the amount of the lowest and best bid received ($656,900), and to permit the awarding of such contract, the Commissioners' Court has deter- mined that certificates of obligation should be issued and sold for cash under the provisions of Section 7(B) of The Certificate of Obligation Act of 1971, as amended; and WHEREAS, in addition to the certificates to be issued to provide funds to permit the awarding of the aforementioned construction contract, the Commissioners' Court has further determined that certificates should be issued and sold for cash to pay contracts for pro- fessional services of the Architect, Engineer, Financial Advisor and Attorneys in connection with the construction and financing of the Annex to the Courthouse and Jail Building, the amount of such certificates to be issued for such purposes being $57,100; and WHEREAS, notice of this Court's intention to issue certificates of obligation for the above described purposes in the maximum principal amount of 5250,000, has heretofore been published in the Kerrville Mountain Sun, a newspaper of general circulation in the County, on the 19th day of February, 1976, and the 26th day of February, 1976, in the form and manner prescribed by The Certificate of Obligation Act of 1971, as amended; and WHEREAS, no petition of any kind or character has been presented or filed with the County Clerk, any member of this Court or any other official of the County protesting the issuance of said certificates of obligation; and WHEREAS, this Court is now authorized and empowered to proceed with the issuance and sale of such certificates of obligation in the total principal amount of 5154,000 to provide adequate funds to permit the awarding of the aforementioned construction contract and to pay the said contracts for professional services; therefore; BE IT ORDSRED, ADJUDGED AND DECRSED BY THS COMMISSIONERS' COURT OF KERR COUNTY, TSXAS: SECTION 1: That the recitals contained in the preamble hereof are hereby found as a fact and incorporated herein and adopted as a pazt of this order as though set forth at length as a part of this Section. sECTiON 2: That to (i) permit the awarding of a contractual obligation for the construc- tion of public work (the construction of an Annex to the Kerr County Courthouse) and (ii) pay contracts for personal or professional services of Architects, Engineers, Attorneys and a Financial Advisor, there shall be and there is hereby ordered to be issued under and by virtue of the Constitution and laws of the State of Texas, partlculazly The Certificate of Obligation Act of 1971 as amended, certificates of obligation of the County of Kerr, Texas, in the total principal sum of ONS HUNDRED FIFTY-POUR THOUSAND DOLLARS (5154,000), to be known as "KERB COUNTY, TEXAS, CERTIFZCATSS OF OBLIGATION, SERIES 1976." SECTION 3: That said certificates shall be numbered consecutively from One (1) through Thirty-Four (34), shall each be in the denomination of Five Thousand Dollars (S5,000) except certificates numbered One (1) through Four (4) which shall be in the denomination of One Thousand Dollars (S1,000) each, shall be dated Mazch 1, 1976, and shall become due and payable aerially on August 1 in each of the yaaza and bear interest at per annum rates in accordance with the following eahednle: CSRTIPICATE NUMBERS (All Inclusive) MATURITY AMOUNT INTERSST 1 to 4 1978 S 4,000 4.00 % 5 1979 5,000 4.25 % 6 1980 5,000 4.35 % 7 1981 5,000 4.45 % 8 1982 5,000 4.55 % 9 1983 5 000 4.65 % 10 1984 5,000 4.75 % 11 1985 5,000 4.90 % 12 1986 5,000 5.05 % 13 1987 5,000 5.15 % 14 1988 5,000 5.25 % 15 1989 5,000 5.35 % I6 1990 5,000 5.45 % 17 1991 5,000 5.65 % 18 and 19 1992 10,000 5.85 % 20 to 22 1993 15,000 6.05 X 23 to 26 1994 20,000 6.25 % 27 to 31 1995 25,000 6.35 % 32 to 34 1996 15,000 6.45 X PROVIDED, HQWEVER, that Kerr County, Texas, reserves the right to redeem the c ertificates of this aeries maturing on Auquat 1, 1987, and subsequent, in whose or any part thereof, vn February 1, 1986, or any interest payment date thereafter, at gar ~d accraed interest to the date of redemption; PROVIDED, FURTHER, that at least thiz ~ (30) d~s_prior__to a date_any_o_f said certificates are to be redeemed, notice of redemption signed by the County Treasurer of said County (specifying the serial numbers and amount of certificates to be redeemed) shall have been filed with CHAS. SCHRETNER BANK, Kerrville, Texas (the paying agent named in each of said certificates); and if by the date so fixed for redemption the County shall have made available funds in amounts sufficient to pay the certificates to be redeemed and accrue8 inters:t thereon, any certificate or certificates not presented for redemption pursuant to such notice shall cease to bear interest from and after the date so fixed for redemption. SECTION 4: That said certificates shall bear interest from date to maturity at the per annum rates shown above; such interest to be evidenced by proper coupons attached to each of said certificates, and said interest shall be payable on February 1, 1977, and semiannually thereafter on August 1 and February 1 in each year. SECTION 5: That the principal of and interest on said certificates shall be payable in lawful money of the United Staten of America, without exchange or collection charges to the owner or holder, upon presentation and surrender of certificates or proper coupons, at the CHAS. SCHREINER SANK, Kerrville, Texas. SECTION 6: That the seal of the Coamiasioners~ Court say be impressed on each of said certificates or, in the alternative, a facsimile of such seal may be printed on said certi_ ficates. The certificates may be executed by the imprinted facsimile signature of the County Judge, countersigned by the imprinted facsimile signature of the County Clerk and registered by the County Treasurer, whose facsimile signature may be imprinted thereon, and the interest coupons attached to said certificates nay be executed by the imprinted facsimile signatures of the County Judge and County Clerk. Execution in such manner shall have the same effect as if such certificates and coupons had been signed by the County Judge, Covnty Clerk and County Treasurer in person by their manual signatures. inasmuch as such certificates are required to be registered by the Comptroller of Public Accounts of the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such certificates in connection with his registration certificate to appear thereon, as hereinafter provided; all in accordance with the provisions of Article 717j_1, V.A.T.C.S. SECTION 7: That said certificates shall be substantially in the following form: NO. UNITED STATES OF AMERICA $,000 STATE OF TEXAS COUNTY OF KERB KERR COUNTY, TEXAS, CERTIFICATE OF OBLIGATION, SERIES 1976 KNOW ALL MEN BY TRESS PRESENTS: That the COUNTY OF KERB, a body corporate and politic of the State of Texas, FOR VALUE RECEIVED, acknowledges itself indebted to and hereby promises to pay to bearer, the sum of THOUSAND DOLLARS (5 ,000), in lawful money of the United States of America, on the lat day of August, 19~, with interest thereon from the date hezeog to matuzitp aT the-ra te of PER CENTUM ( %) per annum, payable on February 1, 1977, and semiannually thereafter on August 1 and February 1 in each year, and interest falling due on or prior to maturity hereof is payable only upon presentation and surrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL OF and interest on this certificate are hereby made payable at the CHAS. SCHREINER BANK, Kerrville, Texas, without exchange or collection charges to the owner or holder, upon presentation and surrender of this certificate and the coupons hereto attach- ed, as they respectively mature, and for the prompt payment of this certificate and the inter- _. est coupons hereto attached the full faith, credit and resources of KERR COUNTY, TEXAS, are hereby irrevocably pledged. THIS CERTIFICATE OF OBLIGATION is one of a series of Thirty-four certificates numbered consecutively from One (1) through Thirty-Four (34), each 1n denomination of Five Thousand Dollars (55,000) except certificates numbered One (1) through Four (4) which are in the denomination of One Thousand Dollars (51,000) each, aggregating in principal amount ONE HUNDRED FIFTY-FOUR THOUSAND DOLLARS (5154,000) issued to provide funds to (i) permit the awarding of a contractual obligation for the construction of public work (the construction of an Annex to the Kerr County Courthouse) and (ii) pay contracts for personal or professional services of Architects, Engineers, Attorneys and a Financial Advisor in accordance with authority conferred by the Constitution and laws of the State of Texas, particularly Article 2368a.1, V.A.T.C.S., and pursuant to an order passed by the Commissioners Court of Kerr County, Texas, which order is of record in the Minutes of said Court. AS SPECIFIED in the order hereinabove mentioned, the Covnty reserves the right to redeem the certificates of this series maturing on August 1, 1987, and subsequent, in whole or any part thereof, on February 1, 1986, or any interest payment date thereafter, at par and accrued interest to the date of redemption; PROVIDED, HOWEVER, that at least thirty (30) days prior to a date any of said certificates are to be redeemed, notice of redemption signed by the Covnty Treasurer of said County (specifying the serial numbers and amount of certificates to be redeemed) shall have been filed with the CHAS, SCHREINER BANK, Kerrville, Texas, and if by the date so fixed for redemption the County shall have made available funds in amounts sufficient to pay the certificates to be redeemed and accrued interest thereon, any certifi- cate or certificates not presented for redemption pursuant to such notice shall cease to bear interest from and after the date 8o fixed for redemption. AND IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this certificate, and the series of which it is a part, is duly authorized by law; that all acts , conditions and things required to be done precedent to and in the issuance of this aeries of Certificates, and of this certificate, have been properly done and performed and have happened in regular and due time, form and manner as required by law; that a direct annual ad valorem tax has been levied upon all taxable property in said County sufficient to pay the interest on this certifs.. cate and the principal hereof at maturity; and that the total indebtedness of said County, including this certificate and the series of which it is a part, does not exceed any consti- tutional or statutory limitation. IDT TESTIMONY WHEREOF, the Commissioners Court of Kerr County, Texas, in accordance with the provisions of Article 717j-1, V.A.T.C,S., has caused the seal of said Court to be impress- ed or a facsimile thereof to be printed hereon, and this certificate to be executed by imprinting the facsimile signature of the County Judge, countersigned by imprinting the facsimile signature of the County Clerk, and registered by the County Treasurer, whose facsimile signature is imprinted hereon, and the interest coupons hereto attached to be executed by the imprinted facsimile signatures of the County Judge and County Clerk; the date -- of this certificate, in conformity with the order above referred to, being the 1st day of March, 1976. ounty Judge, Kesr County. Texas COUNTERSIGNED: County C erk, Kerr County, Texas REGISTERED: ounty Treasurer, Kerr County, Texas SECTION 8: That the form of interest coupons attached to each of said certificates shall be substantially as follows: Np, ON THE 1ST DAY OF S 19~, *(unleas the certificate to which this coupon pertains has been properly called for redemption is accordance with its terms), the COUNTY OF KERR, a body corporate and politic of the State of Texas, hereby promises to pay to bearer in lawful money of the United States of America, without exchange or collection charges to the owner or holder hereof, at the CHAS. SCHREINER BANK, Kerrville, Texas, the sum of DOLLARS (S said sum being montha~ interest due that day on "KERB COUNTY, TEXAS, CERTIFICATE OF OBLIGATION, SERIES 1476,° dated March 1, 1976. Certificate No. County Clerk County Judge SECTION 9: That the following certificate shall be printed on the back of each certificate: OFFICE OF COMPTROLLER 1 REGISTER NO. STATE OF TEXAS I I HEREBY CERTIFY that triers is on file and of record in my office a csrtificate of the Attorney General of the State of Texas to the effect that this certificate has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon Kerr County, Texas, and that said certificate has this day been registered by me. NITNESS MY HAND ADID SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas SECTION 10: That to provide £or the payment of the debt service requirements on the said certificates, being (i) the interest on said certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 29L (whichever amount shall be greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said *NOTE TO PRINTER: The expression in pazentheaes to be included only in coupons maturing August 1, 1966, and subsequent, pertaining to optional certificates maturing in the years 1987 through 1998. certificates or interest thereon shall remain outstanding and unpaid, a sufficient tax on each one hundred dollars` valuation of taxable property in said County, adequate to pay such debt service requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the said debt service requirements and the same shall not be diverted to any other purpose. The taxes so levied shall be paid into a fund known as "SPECIAL KERB COUNTY, TEXAS, CERTIFICATE OF OBLIGATION FUND, SERIES 1976," which is hereby established for the payment of the obligations herein authorized. The Commissioners' Court hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient for such certificates, it having been determined that the existing and available taxing authority of the County for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. SECTION 11: That the County hereby covenants that the proceeds from the sale of said certificates will be used as soon ae practicable for the purgose for which said certificates are issued; that anch proceeds will not be invested in any securities or obligations except for the temporary period pending such use; and that such proceeds will not be used directly or indirectly so as to cause all or any part of said certificates to be or become "arbitrage" obligations within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings prescribed or made pursuant thereto. SECTION 12: That the sale of the certificates of obligation herein authorized to CHAS. SCHREINER BANK, Kerrville, Texas, at the price of par and accrued interest to date of delivery, is hereby confirmed. Delivery of said certificates shall be made to said purchasers as soon as may be after the adoption of this order, upon payment therefor in accordance with the terms of sale. SECTION 13: That the proceeds to be realized from the sale of the certificates herein authorized shall be expended and the same are hereby budgeted and appropriated for the pur- pose of paying contractual obligations incurred by the County in connection with the construc- tion and financing of improvements and an addition to the Kerr County Courthouse and Jail Building, such contractual obligations being more fully identified as follows: Contract Attorneys Financial Advisor Engineering b Azchitectual Construction of an Annex to the County Courthouse Contractor Dumas, Huguenin, Boothman and Morsow, Dallas, Texas M. E. Allison 6 Co., Inc. San Antonio, Texas Lester B. Whitton sad A. B. Swank Association Waco Conatructioq, Incor- porated, Waco, Texas Contract Amount S 3,000 12,000 42,718 $56,900 SECTION 14: CUSIP numbers may be printed on the certificates herein authorized. It is expressly provided, however, that the presence or absence of CUSIP numbers on the certifi- cates shall be of no significance or effect as regards the legality thereof and neither the County nor attorneys approving said certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed on the certificates. SECTION 15: That the County Judge of Kerr County, Texas, shall be and he is hereby authooized to take and have charge of all necessary records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the certificates herein authorized pending Lheir approval by the Attorney General and their registration by the Comptroller of Public Accounts of the State of Texas. * * • r • * w The above order having been read in full, it was moved by Commissioner Bartel and second- ed by Commissioner Sallee that the same be passed and adopted. Thereupon, the question being called for, the County Judge put the motion to a vote of the members of the Commissioners' Court, and the notion carried by the following vote: County Judge Neunhoffer and Commissioners Schwethels, saliee, Bartel sad stone voted "AYE" sad none voted "NO". The County Judge declazed the motion carried and the order passed and the Clerk was instruct-! ed to record same in the proper minutes of the Court. PASSED AND APPROVED, this the 8th day of March, 1976. /s/ Julius R, Neunhoffer County Judge, Kerr County, Texas ATT85T: /s/ Emmie M. Muenker County Clerk, Kerr County, Texas (Comm. Crt. seal) O-O-O-O-O-O-O-O-O-O ORDER NO. 12619 ORDER ESTABLISHING FUNDS FOR THE DEPOSIT OF PROCEEDS OF SALES OF COURTHOUSE AND JAIL Il4PROVEMENT BONDS AND CERTIFICATES OF OBLIGATION On this the 8th day of March, 1976 Came on to be heazd and considered by the Court the matter establishing and designating certain funds into which the County Treasurer of Kerr Connty shall deposit the receipts of the sale of Courthouse and Jail Improvement Bonds, Series of 1976; and after due consideration by the Court as to the several purposes and categories of expenditures which will be hereafter incurred for the construction of a Courthouse and Jail addition to the present courthouse and for contemplated renovations of the present structure, it is ordered on motion by Commissioner Stone, seconded by Commissioner Sallee, and unanimously approved by the Court that the County Treasurer of Kerr County be authorized and directed to proceed, upon receipt of the proceeds of the sale of said bonds and certifi- Cates of obligation, to deposit said funds in the following manner and to establish the necessary separate funds for this purpose in the County Depository Bank: 1. From bond sale proceeds deposit the sum of $760,000.00 in Kerr County Courthouse and Jail Construction Fund No. 1. 2. From bond sale proceeds deposit the remaining sum of $100,000.00 in Kezr County Courthouse Renovation Fund. rK 3. Deposit the proceeds of the sale of all certificates of obligation in Kerr County Courthouse and Jail Construction Fund No. 2. o-o-o-o-o-o-o-o-o-o NO. 12620 ORDER ESTABLISHING SIDTKING FUNDS FOR PAYMENT OF PRINCIPAL AND INTEREST RSQUIRS- MENTS OF COURTHOUSE AND JAIL BONDS AND CERTIFICATES OF OBLIGATION, SERIES OF 1976 On this the 8th day of March, 1976 came on to be heazd and considered by the Court the necessity for the establishment of sinking funds required to make payment of principal and interest payment requirements for Courthouse and Jail Improvement Bonds, Series of 1976, and for Kerr County Certificates of Obligation, Series 1976; and after due consideration by the Court is is ordered on motion by Commissioner Baztel, seconded by Commissioner Schwethelm and unanimously approved by the Court that the County Treasurer of Kerr County is hereby authoriz- ed and directed to establish the two following Sinking Funds to be each carried as sepazate accounts in the County Depository Bank: 1. Courthouse and Jail improvement Bonds, Series of 1976 Sinking Fund; 2. Kerr County Certificates of Obligation, Series of 1976 Sinking Fund; and it is further ordered that the County Treasurer be directed to deposit any accrued interest received at the time of sale of said Bonds and Certificates of Obligation into the respective Sinking Funds hereby created. o-o-o-o-o-o-o-o-o-o