M ~I .. _._...... i II~L, !' THE STATE OF TEXAS X j '. COUNTY OF KERR ~ BE IT REMEMBERED that there was begun and holden on the 13th day ''. of June 1983, at 10:00 o'clock A. M., in the City of Kerrville, Texas, a Regular Term of the ' i Commissioners' Court, with the following officers present: ;, GORDON S. MORRISS County Judge FRED HOLLAND Commissioner Precinct No. 1 EDWARD D. HIGGINS Commissioner Precinct No. 2 VICTOR LICH Commissioner Precinct No. 3 BILLY JOE GUTHRIE, JR Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: The taking and receiving of bids for a new Tractor with Mower was declared closed at this time. 4__bids were received and opened and read aloud by the County Judge, Gordon S. Morriss, and the following order was passed: N0. 15063 BIDS FOR ONE NEW TRACTOR WITH MOWER FOR USE BY THE COMMISSIONER OF KERR COUNTY PRECINCT N0. FOUR REFERRED TO COUNTY AUDITOR FOR STUDY AND RECOMMENDATION On this the 13th day of June 1983, upon motion made by Commissioner Guthrie, seconded by Commissioner Lich, the Court unanimously approved that the bids for one new tractor with mower for use by the Commissioner of Kerr County Precinct No. Four be referred to the County ,'I Auditor for study and recommendation. ', o-o-o-o-o-o-o-o-o-o N0. 15064 RESOLUTION APPROVING RESOLUTION BY THE KERR COUNTY INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF KERR COUNTY INDUSTRIAL DEVELOPMENT REVENUE BONDS (H. E. BUTT STORE PROPERTY COMPANY N0. ONE PROJECT) SERIES 1983 WHEREAS, the Kerr County Industrial Development Corporation (the "Issuer") was created ' by Kerr 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 i, to the Unit certified minute entries containing the proceedings from such hearing which pro- ',,; ceedings are attached hereto as Exhibit A; WHEREAS, in order to satisfy the requirements of Section 103 (k) of the Code, it is ~. necessary for the Unit to approve the Bonds after the public hearing has been held; WHEREAS, Section 25 (f) of the Act requires that the governing body of the unit approve i I the resolutions of the Issuer providing for the issuance of the Bonds no more than 60 days i ~i prior to the delivery of the Bonds; and , WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT OF KERR COUNTY, TEXAS THAT: Section 1. The Resolution Authorizing Kerr County Industrial Development Corporation Industrial Development Revenue Bonds (H. E. Butt Store ProprtY Company No. One Project) Series 1983; a Loan Agreement; an Indenture of Trust; a Guarantee Agreement; Acceptance of a Deed of Trust; a Collateral Assignment.;. and Other i4atters in Connection Therewith, adopted '„ by the Issuer on June 10, 1983 (the "Issuer Resolution"), a copy of which is attached hereto as Exhibit B and made a part hereof for all purposes, is hereby specifically approved. Section 2. The Bonds, which are issued: A. In the maximum aggregate face amount of $4,200,000, and "' B. To finance the acquisition, construction, improvement, and expansion, as the case may be, of an approximately 151,000 square foot grocery store (the "Project"), which will be located at the Southeast intersection of Main and Rodriguez Streets in Kerrville, Texas ~=~~~ ~,.._..~._~,...~... . ._....._.y_..,,. ..- .......... ....._..._. __..._. and will be initially owned by the User, who in turn will lease the Project to H. E. Butt Grocery Company, Section 3. The approvals herein given are in accordance with the provisions of Section I 25 (f) of the Act and Section 103(k) of the Code, and are not to be construed as any under- taking by the Unit, and the Bonds shall never contitute an indebtedness or pledge of the Unit ~, i. or the State of Texas, within the meaning of any constitutional or statutory provision, and i the holder of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the Unit, or the State of Texas ~' except those revenues assigned and pledged by the Issuer Resolution. '! Section 4. The programs and expenditures authorized and contemplated by the Issuer Resolution are hereby in all respects approved. I Section 5. The County Judge, the Commissioners, and the 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, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. ~ are hereby approved pursuant to Section 103(k) of the Code. PASSED AND APPROVED this 13th day of June 1983. /s/ Gordon S. Morriss County Judge /t/ GORDON S MORRISS -2- ATTEST: /s/ Patricia Dye County Clerk & Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas /t/ PATRICIA DYE (SEAL) (Exhibits on file but not recorded) ** Motion made by Commissioner Lich, seconded by Commissioner Higgins and unanimously approved by the Court. o-o-o-o-o-o-o-o-o-o N0. 15065 ORDER ESTABLISHING POLICY FOR GRANTING REQUESTS FOR BURIAL IN NICHOLS MEMORIAL CEMETERY On this the 13th day of June, 1983, came on to be considered before the Court the matter of establishing a policy to be followed by concerned parties relative to burial in Nichols I~, Memorial Cemetery; and it appearing to the Court that it would be in the best interest of Kerr County and its residents to establish such a policy, it is ordered on motion by Commis- sinner Guthrie, seconded by Commissioner Holland and unanimously approved by the Court that effective immediately all requests for burial in the Nichols Memorial Cemetery be referred to Billy Joe Guthrie, Jr., Pat Patterson, and/or T. J. Moore, and that they be designated as representatives of the Kerr County Commissioners' Court to make proper determinations concern- ing such requests. It is further ordered by the Court that the Clerk of the Court furnish certified copies of this order to the representatives designated herein, and to local funeral homes €or their information and compliance. o-o-o-o-o-o-o-o-o-o