ORDER NO. 27794 CLRRIFICRTION OF LETTER OF CREDIT FORM LETTER On this the 15th day of October, 2@02, upon motion made by Commissioner Letz, seconded by Commissioner- Baldwin, the Court unanimously approved by a vote of 3-0-0, the revised Appendix D as presented to the I:er•r• Co~_tnty Subdivision Rules and Regi_~lat ions. COMMISSIONERS' COURT AGENDA REQUEST _._ PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston P.E. OFFICE: Road & Bridge MEETING DATE: October 15 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider clazification to Letter of Credit Form Letter "Appendix D", of Kerr County Subdivision Rules EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. Franklin Johnston, P.E. County Engineer Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Telephone:830-257-2993 Leonard Odom, Jr. Road Administrator Truby {{ardin, Coordinazor Iva Gass, Secretary TO: COMMISSIONERS COURT FROM: FRANKLIN JOHNSTON, P.E. DATE: October 7, 2002 RE: Clarification to Letter of Credit Form Letter -Appendix "D" Modify heading to Appendix "D" as follows: Letter of Credit No. (Construction) or (Maintenance) of Roads, Streets, and Alleyways (Strike ow one category above) m Name of Subdivision or Location FAX: 830-896-8481 Email: kcroads(a)ktc.oom This will Clarify the two categories of Letter of Credit and minimize errors from Banks when issuing Letter of Credit. Set a Public Hearing if needed. (~t()D\~1f~0 APPENDIX D 1 LETTER OF CREDIT NO. _ ~Omtrv~' ",/1 G r ('161aintenanc~ of Roads, Streets, and Alleyways (Name of Subdivision or [.ocaNon) A DEPOSIT ON BEHALF OF This is an irrevocable letter of credit issued to the County of Ken, Texas, at the request of in accordance with Chapter 5, V.T.C.A., Texas Business and Commerce Code. This Bank promises to pay to the order of Ken County, Texas, upon presentation of a sight draft, any amount not excedding the cumulative total of ($) on or aRer This is not a notiation credit, and Ken County, Beneficiary, shall be entitled to payment without the presentation of documents. [n accordance with Section 5, 106 of the Texas Business and Commerce Code, this letter of credit may be modidied by the reductuion of the total outstanding and unused amount of this credit, upon the execution and delivery to issuer of a sworn statement malting demand by the County Engineer of Ken County, or by anyone purporting to be his duly authorized agent, and presenting a document to that effect on Ken County letterhead. This letter of credit shall expire on IN WITHNESS WHEREOF, the Issuer has caused this letter to be signed and attested by its duly authorized officer(s) who has attached proof of this authorization to sign, and sealed with the Issuer, this the day of , 200 ISSUER: BY: (Type/Print Name) Signature: Kert Canty Subdivision Rules & Regulazia>s - June 10, 2002, Revision Court Order q 27597 Appendix -Page 9 -~`F ~ 5Ti N C, APPENDIX D LETTER OF CREDIT NO. _ (161aintenance of Roads, Streets, and Alleyways in ) (Name of Subdivision or Location) A DEPOSIT ON BEHALF OF This is an irrevocable letter of credit issued to the County of Kerr, Texas, at the request of in accordance with Chapter 5, V.T.C.A., Texas Business and Conunercc Code. This Bank promises to pay to the order of Kerr County, Texas, upon presentation of a sight drab, any amount not excedding the cumulative total of ($) on or after This is not a notiation credit, and Kerr County, Beneficiary, shall be entitled to payment without the presentation of documents. In accordance with Section 5, 106 of the Texas Business and Commerce Code, this letter of credit tnay be modidied by the reductuion of the total outstanding and unused amount of this credit, upon the execution and delivery to issuer of a sworn statement making demand by the County Engineer of Kerr ,.... County, or by anyone purporting to be his duly authorized agent, and presenting a document to that effect on Kerr County letterhead. This letter of credit shall expire on IN WITHNESS WI~REOF, the Issuer has caused this letter to be signed and attested by its duly authorized officer(s) who has attached proof of this authorization to sign, and sealed with the Issuer, this the day of , 200 ISSUER: BY: (7~pd1'rint Name) Signature: Kerr County Subdivision Rules & Regulations - Jame l0, 2002, Revision Coat Order q 27597 APPendix -Page 9