TEXAS, INC., P. 0. Box 2510, Lufkin, Texas 75901. It is ordered by the Court that the County Treasurer and County Auditor be authorized to draw a voucher on the General Fund in the above amount, payable to W.E.S. OF TEXAS, INC. o-o-o-o-o-o-o-o-o-o N0. 15376 APPROVAL OF ADDITIONAL SOIL BORINGS IN THE LANDFILL AREA On this the 24th day of February 1984, upon motion made by Commissioner Holland, seconded by Commissioner Lich, the Court unanimously approved of additional soil borings in the Land- fill Area, as recommended by the City/County Landfill Committee at their meeting of January 19th, 1984. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED FEBRUARY 24th, 1984 at 12:05 o'clock P. M. o-o-o-o-o-o-o-o-o-o COURT CONVENED IN SPECIAL SESSION FEBRUARY 27th, 1984 at 4:20 o'clock P. M., with the following officers present: CORDON S. MORRISS FRED HOLLAND EDWARD D. HIGGINS VICTOR LICH BILLY JOE GUTHRIE, JR County Judge ConIInissioner Precinct No. 1 Commissioner Precinct No. 2 Commissioner Precinct No. 3 Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: N0. 15377 RESOLUTION APPROVING PROJECT WITH RESPECT TO KERR COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (THE BANK OF KERRVILLE PROJECT) SERIES 1984 AND APPROVING AGREEMENT BY KERR COUNTY INDUSTRIAL DEVELOPMENT CORPORATION TO ISSUE SUCH BONDS FOR THE BANK OF KERRVILLE 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"); and WHEREAS, pursuant to the Act, the Issuer, on behalf of the Unit, is empowered to issue bonds for the purpose of defraying the cost of any'~roject" defined as such by the Act; WHEREAS, the Act defines "project" to include land, buildings, equipment, facilities, and improvements that are (i) located in a federally designated economically depressed county of less than 50,000 persons according to the last federal decennial census, and (ii) found by the board of directors of the Issuer to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, or for use by commercial enterprises; WHEREAS, the Unit has been designated as a_economically distressed county by the Economic Development Administration, a federal agency; and the Unit has less than 50,000 persons according to the last decennial census; WHEREAS, The Bank of Kerrville ( the "User") has requested the Issuer to finance the cost of a project (the "Project") consisting of certain lands, buildings, equipment, facilities, and improvements within the boundaries oŁ the Unit; WHEREAS, there has been presented to the Commissioner's Court (the "Governing Body") of the Unit a description of the Project, a copy of which is attached hereto as Exhibit A; WHEREAS, the board of directors (the "Board") of the Issuer has, by a Resolution Concerning Issuance of Bonds to Finance a Project for The Bank of Kerrville adopted February 3, 1984 (the "Issuer Resolution"), agreed and declared its intent to issue its limited obligation revenue bonds pursuant to the Act and such other statutes as may provide authority therefor, to finance the costs of the project and in the amount set forth in the Resolution fc the benefit of the User; WHEREAS, the Unit finds and declares that the action of the Board approving the Issuer Resolution should be approved and is in the best interests of the inhabitants of the Unit for the reasons therein set forth; 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. Based upon the representations made to the Governing Body by the User, it appears and the Governing Body hereby finds that: A. The Project will contribute significantly to the fulfillment of the redevelopment objectives of the Unit; and B. The Project is in furtherance of the public purposes of the Act. Therefore, pursuant to Rule 103.04.01.002(b)(10)(A) (4) (B) of the Commission the Governing Body approves the Project:. in substantially the form set forth in the description of the Project attached hereto as Exhibit A. Section 2. The approval of the Project herein given is in accordance with the provisions of the Act and the rules of the Commission and is not to be construed as any under_i taking by the Unit, and such 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, -2- i and the holder of such bonds shall never be paid in whole or in part out of any funds raised ~, i 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 Resolution. i Section 3. The Issuer Resolution, as adopted by the Board, agreeing and declaring it I; an intent to issue limited obligations revenue bonds for he purposes and in the amount set forth in the Resolution is hereby approved. Section 4 The County Judge, County 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. PASSED, ADOPTED AND APPROVED this the 27th day of February, 1984. Js/ Gordon S. Morriss County Judge /t/ Gordon S. Morriss ATTEST: /s/ Patricia Dye County Clerk & Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas (SEAL) /t/ Patricia Dye 'Motion made by Commissioner Higgins, seconded by Commissioner Guthrie, with Commissioners Holland, Higgins and Guthrie and County Judge Morriss voting "AYE" and Commissioner Lich voting "AGAINST", said motion carrying by a majority vote approving the resolution. EXIiIBIT A DESCRIPTION OF THE PROJECT The Project will include the acquisition of the first three floors of an existing ... building comprising 26,167 square feet and 24 underground parking spaces to be used for - banking purposes. The complete facility includes a total of 53,674 square feet and 27 under- ground parking spaces. -3- o-o-o-o-o-o-o-o-o-o