HomeMy WebLinkAboutResolution - 1688 - Bond Issuance - LIDC - Savage Fiberglass Pipe Inc Project - 05_24_1984DGV:da
RESOLUTION
RESOLUTION 1688 - 5/24/84
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS,
APPROVING A RESOLUTION CONCERNING THE ISSUANCE OF BONDS PASSED BY THE
LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION; AND APPROVING A PROJECT UNDER
THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR
REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION AND
SECTION 103 OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED; AND MAKING
FINDINGS IN CONNECTION THEREWITH.
WHEREAS, the City Council of the City of Lubbock, Texas, (the "Gover-
ning Body") acting for and on behalf of the City of Lubbock, Texas (the
"Unit") has heretofore approved the creation of a public non-profit
corporation under the provisions of the Development Corporation Act of
1979, as amended, (the "Act") under the name of Lubbock Industrial Develop-
ment Corporation, (the "Corporation") which has filed its Articles of
Incorporation with the Secretary of State of the State of Texas, and has
fully organized; and
WHEREAS, the Corporation is authorized by the Act to issue bonds on
behalf of the Unit for the purpose of paying all or part of the costs of a
"project" as defined in the Act, and to lease or sell the project or to
loan the proceeds of the bonds to finance all or part of the costs of a
project;, and
WHEREAS, the definition of "project" in the Act includes the land,
buildings, equipment, facilities, and improvements (one or more) found by
the Board of Directors of the Corporation to be required or suitable for
the promotion of economic development and expansion and in furtherance of
the public purposes of the Act, all as defined in the rules of the Texas
Economic Development Commission (the "Commission"), irrespective of whether
in existence or required to be acquired or constructed thereafter;
WHEREAS, the Corporation has advised the Unit that Savage Fiberglass
Pipe, Inc., a Texas corporation organized and existing under the laws of
the State of Texas, is considering the acquisition, installation of
furniture, fixtures, equipment and related facilities and the acquisition
of trucks and tractors to be used in the manufacture, distribution and
storage of fiberglass pipe and related materials as well as necessary
business equipment and related facilities and equipment (the "Project")
described in detail in Exhibit "A" attached hereto and incorporated herein;
and
WHEREAS, the Board of Directors (the "Board") of Lubbock Industrial
Development Corporation, has, by a Resolution concerning Issuance of Bonds
to Finance a Project for Savage Fiberglass Pipe, Inc., adopted February 16,
1984, substantially in the form attached hereto as Exhibit "A" (the
f
"Resolution"), agreed and declared its intent to issue its limited obliga-
tion revenue bonds pursuant to the terms of the Development Corporation Act
of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (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; and
WHEREAS, the Governing Body of the Unit, finds and declares that the
action of the Board approving the Resolution should be approved and is in
the best interests of the inhabitants of the Unit for the reasons therein
set forth;
WHEREAS, the Resolution was adopted by the Board to finance the
Project proposed by Savage Fiberglass Pipe, Inc. on land described in
Exhibit "B" attached to and incorporated in this Resolution; and
WHEREAS, this Governing Body has been requested to review and approve
the Project and the rules and regulations of the Commission and Section 103
of the Internal Revenue Code of 1954, as amended, permit the Unit to
approve the Project after publishing and posting notice at least 14 days
prior to the date set for public hearing and holding a public hearing; and
WHEREAS, the notice of public hearing of the consideration of approval
of the Project was posted at the City of Lubbock City Hall in the City of
Lubbock, Texas on May 18, 1984 ; and
WHEREAS, notice of public hearing of the consideration of approval of
the Project was published in a newspaper of general circulation in the
City, the Avalanche-Journ eh May 9 , 1984 and May 16
1984, the first of said dates being more than 14 days prior to the public
hearing to consider approval of the Project; and
WHEREAS, a copy of the notice as posted indicating the date and time
of posting and signed by the City Secretary of the Unit and a copy of the
notice as published together with the publishers affidavit certifying to
the date of publication are attached to this Resolution as Exhibit "C" and
incorporated herein; and
WHEREAS, the notice of public hearing included a description of the
Project and the date, time, and location of the public hearing concerning
the approval of the Project; and
WHEREAS, a public hearing was held at the date, time, and location
specified in such notice, pursuant to the Rules and Regulations of the
Commission and Section 103 of the Internal Revenue Code of 1954, as
amended, for the purpose of determining whether this governing body should
approve the Project; and
f
- 2 -
WHEREAS, this Governing Body has reviewed the Project proposed by
Savage Fiberglass Pipe, Inc. and considering the same to determine whether
said Project:
A. Is consistent with the Unit's objectives for industrial develop-
ment;
B. Conforms with the limitations, if any, provided in said Resolu-
tion;
C. Will contribute significantly to the fulfillment of the overall
redevelopment objectives of the Unit;
D. Conforms to the Project Approval Standards specified in the Rules
and Regulations adopted by the Texas Economic Development
Commission and Section 103 of the Internal Revenue Code of 1954,
as amended;
E. Will increase and stabilize employment opportunities, signifi-
cantly increase or stabilize the property tax base and promote
commerce within the Unit and the State of Texas; and
F. Is in furtherance of the public purposes of the Act; and
WHEREAS, this governing body has concluded that it is in the best
interest of the unit and its inhabitants to approve the Project proposed by
Savage Fiberglass Pipe, Inc. and therefore it desires to adopt this
Resolution in compliance with the requirements of the Act, and rules and
regulations of the Commission and Section 103 of the Internal Revenue code
of 1954, as amended, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. The public hearing on the question of whether the Project
described in Exhibit "A" attached hereto proposed by Savage Fiberglass
Pipe, Inc. to be constructed on the land described on Exhibit "B" attached
hereto should be approved, is hereby closed; that persons who appeared at
such hearing to offer testimony or evidence with respect to such question
were given an opportunity to be heard and were heard; that based upon the
evidence before this governing body, both in the form of testimony and
documentary, this governing body makes the findings and determinations set
forth in the following Sections of this Resolution.
SECTION 2. The Resolution, attached hereto as Exhibit "A" and
incorporated herein as adopted by the Board, agreeing and declaring an
intent to issue limited obligations revenue bonds for the purposes and in
the amount set forth in the Resolution is hereby approved.
- 3 -
SECTION 3. The Project proposed by Savage Fiberglass Pipe, Inc.
consists of the acquisition and installation of furniture, fixtures,
equipment and related facilities and the acquisition of trucks and tractors
to be used in the manufacture, distribution and storage of fiberglass pipe
and related materials as well as necessary business equipment and related
facilities and equipment, fully described in Exhibit "A" attached hereto,
at Lubbock, Texas, on land being fully described in Exhibit "B" attached
hereto and incorporated in and made part of this Resolution.
SECTION 4. The Project is located in the corporate limits of the City
of Lubbock, the County of Lubbock, Texas.
SECTION 5. The proposed project is a "Project" within the meaning of
the Development Corporation Act, as amended, and is a project that will
contribute significantly to increase and stabilize employment within the
Unit.
SECTION 6. The Applicant for said Project, Savage Fiberglass Pipe,
Inc. has demonstrated to the satisfaction of this governing body, and this
governing body finds that:
A. Said Project is consistent with the Unit's objectives for
development of industry and commerce;
B. The Project will contribute significantly to the fulfillment of
the overall redevelopment objectives of the Unit;
C. The Project conforms to the Project Approval Standards of the
Rules and Regulations of the Texas Economic Development Commis-
sion and Section 103 of the Internal Revenue Code of 1954, as
amended;
D. The Project will increase and stabilize employment opportunities
and will significantly increase or stabilize the property tax
base and promote commerce within the Unit and the State; and
E. The Project is in furtherance of the public purposes of the Act.
SECTION 7. The Project proposed by Savage Fiberglass Pipe, Inc.
should be and is approved by this governing body.
SECTION 8. This Resolution is adopted for the purpose of satisfying
the conditions and requirements of the Act, the Rules and Regulations of
the Commission, and Section 103 of the Internal Revenue Code of 1954, as
amended, and the regulation promulgated thereunder and for the benefit of
the corporation, the Unit, the County, the Commission, Savage Fiberglass
Pipe, Inc., the residents of the County, and all other interested persons.
- 4 -
SECTION 9. The governing board has considered evidence of the giving
of notice of this meeting and officially finds, determines, recites and
declares that:
A. A sufficient written notice of the date, hour, and place of this
meeting and of the subject of this. Resolution was posted at the
bulletin board at a place convenient to the public in the City of
Lubbock City Hall for at least 72 hours preceding the scheduled
time of such meeting; such place of posting being readily
accessible to the general public at all times from such time of
posting until the scheduled time of such meeting;
B. A sufficient written notice of the date, hours, and place of the
meeting and of the subject of this Resolution was published in a
newspaper of general circulation within the limits of the City of
Lubbock on two consecutive weeks with the first publishing being
at least 14 days preceding the scheduled time of such meeting;
and
C. Such meeting was open to the public as required by law at all
times during which this Resolution and the subject matter thereof
were discussed, considered, and formally acted upon, all as
required by the Open Meetings Law, Article 6252-17, Vernon's
Annotated Texas Civil Statutes, as amended.
Passed by the City Council this 24th day of May , 1984.
ATTEST:
EvelyWGaffga, ecreta asurer
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
. Vandiver;
y Attorney
Prepared by Development Solutions, Inc.
- 5 -
A CERTIFICATE FOR RESOLUTION CONCERNING ISSUANCE
OF BONDS TO FINANCE A PROJECT FOR SAVAGE
FIBERGLASS PIPE, INC.
I, the undersigned Officer of the Lubbock Industrial Deve`1opmet*
Corporation (the "Issuer"), hereby certify as follows:
1. In accordance with the Bylaws of the Issuer, the Board of
Directors of the Issuer (the "Board") held a meeting on
FEB 16 , 1984 (the "Meeting") of the duly constituted officers
and members of the Board, at which a duly constituted quorum was
present. thereupon among other business transacted at the Meeting, a
written
RESOLUTION CONCERNING ISSUANCE OF BONDS TO FINANCE
A PROJECT FOR SAVAGE FIBERGLASS PIPE, INC.
(the "Resolution") was duly Introduced for the consideration of the
Board and read in full. It was moved and seconded that the Resolution
be adopted; and, after due discussion, said motion, carrying with it
the adoption of the Resolution, prevailed and carried.
2. A true, full, and correct copy of the Resolution adopted at
the Meeting is attached to and follows this Certificate; the
Resolution has been duly recorded in the Board's minutes of the
Meeting; each of the officers and members of the Board was duly and
sufficiently notified officially and personally, in advance, of the
time, place, and purpose of the Meeting in accordance with the Bylaws,
and that the Resolution would be introduced and considered for
adoption at the Meeting, and the meeting was held and conducted in
accordance with the Articles of Incorporation and Bylaws of the
Corporation; notice of the meeting Was given pursuant to Article
6252-17, V.A.T.S.
SIGNED AND SEALED this -10Vday of February, 1984.
�� - (Seal)
RESOLUTION CONCERTING ISSUANCE OF BONDS
TO FINANCE A PROJECT FOR
SAVAGE FIBERGLASS PIPE, INC..
WHEREAS, the governing body of the City of Lubbock, Texas (the
"Unit"), a political subdivision, governmental agency, and body
corporate and politic, has, pursuant to the Development Corporation
Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended
(the "Act"). approved and created the Lubbock Industrial Development
Corporation, a nonprofit corporation (the "Issuer");
WHEREAS. the Issuer, on behalf of the Unit is empowered to
finance the cost of projects to promote and develop industrial, and
manufacturing enterprises to promote and encourage employment and the
public welfare by the issuance of obligations of the Issuer, Which
projects will be inside the Unit's boundaries.
WHEREAS, Savage Fiberglass Pipe, Inc., (the "User"), a Texas
corporation, has filed an application and a project eligibility
questionnaire whicb is attached hereto as Exhibit "A" and made a part
hereof (the "Application"), and requested that the Issuer finance a
project described in the Application (the "Project") within the
boundaries of the Unit acid further that the Issuer adopt this
Resolution with respect to the acquisition, construction and
Installation of the Project;
VMEREAS, the User has advised the Issuer that a contributing
factor which would further induce tbe.User to proceed with providing
for the acquisition of the Project would be a commitment and agreement
by the Issuer to issue industrial development revenue bonds pursuant
to the Act (the "Bonds") to finance and pay for the Project;
WHEREAS, in view of cb,anging economic conditions, rising costs
and the necessity of compliance with administrative regulations, it is
considered essential that acquisition of the Project be completed at
the earliest practicable date, but, at the same time, the User wishes
to commence with the acquisition of the Project after satisfactory
assurances from the Issuer that the process of the sale of the Bonds,
or other obligations, of the Issuer in an amount necessary to pay the
costs of the Project will be made available to finance the Project;
L,THEREAS, the Issuer finds, intends, and declares that this
Resolution shall constitute its official binding commitment, subject
to the terms hereof, to issue Bonds, or other obligations, pursuant to
the Act in an amount prescribed by the User now contemplated to be
�$5,940,000 (but not to exceed $10,0009000 in any event) and to expend
the proceeds thereof to acquire the Project and to pay all expenses
and costs of the Issuer in connection with the issuance of the Bonds;
and
WHEREAS, the Issuer finds, considers, and declares that the
Issuance :and sale of the Bonds in the amount and for the purposes
hE7Elnobovc stt IL'LriG CCTt.'Ei_CT7t 6']t}1 the
objectives of the hci , eTtd t},st the adoptiar, of this REsolution is and
constitutes and is intended as (i) an inducement to the User to
proceed with providing for the acquisition of the Project and (ii) the
taking of affirmative official action by the Issuer, acting by and
through its Board of Directors, towards the issuance of the Bonds
within the meaning of federal income tax law with respect to interest
on the Bonds to finance certain facilities to be financed by the
issuance of exempt small issue bonds or .exempt facilities, including
Treas. Reg. 91.103-8(a)(5);
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION THAT:
Section 1. Subject to the terms hereof, the Issuer agrees that
it will:
(a) Issue the Bonds, and if the User and the Issuer agree, other
evidences of indebtedness providing temporary financing of
the (Project which will be issued after the date hereof and
be refunded by the Bonds pursuant to the Act, or any other
Texas legislation heretofore or hereafter enacted which may
provide a suitable method of financing in addition to or in
substitution for the Act.
(b) Cooperate with the User with respect to the issuance of the
Bonds, if arrangements therefor satisfactory to the User and
the Issuer can be made, the Issuer will take such action and
authorize the execution of such documents and will take such
further action as may be necessary .or advisable of the
authorization, execution, and delivery of any contracts or
agreements deemed necessary or desirable by the User or the
Issuer in connection with the issuance of the Bonds
(collectively, the "Contracts"), providing among other
things for payment of the principal of, interest on,
redemption premiums, paying agents` charges, and Trustee's
fees; if any, an the Bonds;' payment of fees and charges of
the Issuer and the Unit; acquisition, construction and
Improvement of the Project; payment of fines and penalties;
and use, operation, and maintenance of the Project (and the
execution of any appropriate and necessary guaranty
agreements), all as shall be authorized, required, or
permitted by law and as shall be mutually satisfactory to
the Issuer, the Unit, and the User. ' '
(c) If the proceeds from the sale of the Bonds are insufficient,
take such actions and execute such documents as may be
necessary to permit the issuance from time to time in the
future of additional bonds on terms which shall be set forth
therein, Whether on a parity with other series of bonds or
otherwise, for the purpose of paying the costs of completing
the acquisition, construction and installation of the
Project, as requested by the User and within then applicable
limitations.
(d) 7akE cr causE tc be t�.�.c:. �,,;.'t. rtt;er �ctian� cs msti• ��E
required to implement the aforesaid undertakings or as it
may deem appropriate in pursuance thereof.
The Bonds shall specifically provide that neither the State of
Texas, the Unit, nor any political issuer, subdivision, or agency of
the State of Texas shall be obligated to pay the same or the interest
thereon and that neither the faith and credit nor the taxing power of
the State of Texas, the Unit, or any political issuer, subdivision, or
agency thereof is pledged to the payment of the principal of, premium,
if any, or interest on the Bonds.
Section 2. It is'undetstood by the Issuer and the Unit, and the
User has represented to,.the Issuer, that in consideration of this
Resolution and by filing the Application, and subject to the terms and
conditions hereof, the User has agreed that:
(a) Prior, to or contemporaneously with the sale of the Bonds in
one or more series or issues from time to time as the Issuer
and ,the User shall hereafter agree to in writing, the User
will enter into the contracts with the Issuer under the
teems of which the User will obligate itself to pay to the
Issuer (or to a Trustee, as the case may be) sums sufficient
in the aggregate to pay the principal of, interest on,
redemption premiums, paying agents' fees, and Trustee's
fees, if any, on the Bonds, as and when the same become due
and payable, with such Contracts to,pontain the provisions
described in Section 1 hereof and such other provisions as
may be required or permitted by law and to be mutually
acceptable to the Issuer and the User.
(b) The User will (1) pay all Project costs which are not or
cannot be paid or reimbursed from the proceeds of the Bonds
and (2) at all times, indemnify and hold harmless the Issuer
and the Unit against all losses, costs, damages, expenses,
and liabilities of whatsoever nature (including but not
limited to attorneys' fees, litigation and court costs,
amounts paid in settlement, and amounts paid to discharge
judgments) directly or indirectly resulting from, arising
out of or related to the issuance, offering, sale, or
delivery of the Bonds, or the design, construction,
installation, operation, use, occupancy, maintenance, or
ownership of the Project.
Section 3. It is understood by the Issuer that all commitments
of the Issuer and the User with respect to the Project and the Bonds
are subject to the condition that the Bonds shall have been issued no
later than five years from the date of this Resolution, or such other
date as shall be mutually satisfactory to the Issuer and the User.
Section 4. It is recognize and agreed by the Issuer that the
User may exercise its rights and perform its obligations with respect
to the financing of the Project either through (i) itself in its own
name; (ii) any of its wholly -owned subsidiaries; (III) ,any "related
" _ (}, i �� ; lC.' 1 RcvEnue
pETEOTJcE E�eS1T�EG IT. SE'CT]C'L } %, iliE .'1.TtT'TiL.
Code of 1954, as an -ended; or (iv) LL-V IEgF- I successor thereto,
respectively, subject to approval of the Issuer's bond counsel and all
references to the User shall be deemed to include the User acting
directly through itself or any such approved entities.
Section 5. The adoption of this Resolution, as requested in the
Application, shall be deemed to constitute the acceptance of the
User's proposal that it be further induced to proceed with providing
the Project and the Application and this Resolution shall constitute
an agreement between the Issuer and the User effective on the date
this Resolution is adopted, and this Resolution is affirmative of
official action taken by'the 19"suer towards the issuance of the Bonds.
$,
Ll'PbU }' 1';1s1*c-. F.I1:1. MA_ CO- T . _..1 ;
APPLICATION FOR FINANCIAL PART ICIPATI0"'
OF
SAVAGE FIBERGLASS PIPE, INC., APPLICANT
The undersigned, on behalf of the entity -named above as Applicant,
hereby applies to the Lubbock Industrial Development Corporation (the
"Corporation") for Project Financing, pursuant to the Development
Corporation Act of 1979 ,and pursuant to the Regulations of the
Corporation.
We have reviewed the Corporation's Local Regulations presented to us
and in effect on the date hereof, and we agree to and accept the terms
thereof.
The following Project Financing Questionnaire has been completed to
the best of out ability, and the information contained therein and on
any attachments thereto, represent a reasonably comprehensive outline
of the Projept'and the financing requested in connection therewith.
We submit herewith the Processing Fee required by subparagraph
III(A)(1) of your Regulations, together with five copies of the
executed Inducement and Indemnity Agreement required by subparagraph
II (A) (2) of the Regulations.
Preliminary Official Action, pursuant to paragraph II(B) of the
Regulations is (is not) requested. (If such action is requested,
attach separate statement of facts related to the request.)
The undersigned warrants that he is authorized to submit this
application on behalf of the Applicant.
Presently Estimated Amount of
Project Financing Requested:
$5,940,000.00
SAVAGE FIBERGLASS PIPE, INC.
. BY
AUTHORIZED REPRESENTATIVE
b
EXHIBIT "A"
INDUST1.I1:1 UEVELOP*:1I`7 FI1;AI;CING
PP.OJECI ELIGIBILITY QUESTIONNAIRE
1. (a) Name, street address, mailing address and telephone number
of entity that will lease or purchase the project (or borrow the
bond proceeds from the bond issuer):
Savage Fiberglass Pipe, Inc.
5205A 73rd Street
Lubbock, Texas 79424
(806)794-7129
This entity is referred to as the "principal user" of the project
for the remainder of this Questionnaire.
(b) Name,. title, street address, mailing address and telephone
number of representatives designated to work on the project and
the financing for the principal user:
Deyelopment Solutions, Inc.
305 Rusk
P.O. Box 1927
Marshall, Texas 75670
ATTN: Mr. Paul Williams
(c) Name, title, street address, mailing address and telephone
number of legal counsel who will represent the principal user for
the project and the financing:
Jason R. Searcy, Esquire
ABNEY, BALDWIN & SEARCY, INC.
P.O. Box 1386
Marshall, Texas 75670
(d) Name, title, street address, mailing address and telephone
number of the accounting firm of the principal user:
To be determined - local ,firm in Lubbock
2. (a) Form of organization of principal user (check one):
X corporation _ partnership _ sole proprietorship
(b) State or other jurisdiction of incorporation or
organization:
Texas.
ccscli�tiOn of the 4T,i«tiona7 etructr,rt, ir,c1udirF
parent, subsidiaries and affiliates (state the degree of
relationship):
Texas privately owned corporation.
3. Ownership: List all stockholders or partners having 10% or more
interest in the principal user:
Ralph A. Shoberg
J. T. Braun
4. If any of the above persons own more than 50% of the principal
user, list all other organizations which are related to the
principal user by virtue of such persons having more than a 50%
interest in such organizations:
Ralph, A. Shoberg
The Layne Texas Company
P.O.t.Box 9469
Nouston, Texas 77261
-e
5. (a) Attach the principal user's Form 10-R for each of the five
preceding fiscal years, together with the principal user's most
recent Form 10-Q.
Not Applicable.
(b) If the forms listed in paragraph 5(a) have not been filed
with the Securities and Exchange Commission, furnish the
following information:
(i) a brief statement of the history and type of business
engaged in by the principal user:
New corporation.
(ii) the names and ages of executive or managing officers
and directors of the principal user and a brief account of
all the business experience of each such officer or
directory, including his principal occupations and
employment and the name and principal business of the
corporation or other organization in which such occupations
and employment were carried on:
Ralph A. Shoberg, 46 years of age;
J. T. Braun, 52 years of age;
Anton N. Pfendt, 28 years of age;
SEE ATTACHED RESUMES.
t't;( rincipal
listed by any published
listings:
None.
uSEr,S 6(^1 . F,(curiticE are rated Or
rating agency, give such ratings or
(iv) the principal user's audited financial statement for
each of the preceding five fiscal years; provided that this
information need not be furnished if:
(a) a guarantor's audited financial statement for each
of the guarantor's preceding five fiscal years; or
See attached letter from Allied Bank.
(b) a governmental agency would be deemed to be a
guarantor.
t
6. If appropriate, as to each guarantor, furnish the same
inform ion requested in paragraphs 1 through S above.
7. The location of the project is: 7802 Southeast Drive
Lubbock County
Lubbock, Texas
S. Give a brief description of the project and its intended use.
Indicate- the following: approximate square feet of
manufacturing, office and warehouse space to be constructed; type
of construction; nature of equipment to be purchased from bond
proceeds; products to be produced:
The project is a manufacturing plant to produce fiberglass
pipe for the oil, chemical and mining industries. The
equipment consists of winders, ovens, extracting, threading
and testing equipment plus accessory support equipment.
Manufacturing space required is approximately 54,000 square
feet plus warehousing of raw and finished materials.
9. Estimate the number and types of jobs to be created as a result
of the project and the estimated annual payroll of employees
working at the project; and if there is any substantial
probability that loss of existing jobs would occur if the project
was not constructed, estimate the number and types of existing
jobs which would be lost and the estimated annual payroll of
employees holding such jobs.
First year: Organization, construction, installation,
foremen, technicians and management - 27 - $452,000
'y1
Second )-cr,r: IrF't 'IEIL-1( , eperEtionF, foremen,
technicians, machine operators - 66 - $934,000
10. Project site (land)
(a) Indicate approximate size (in acres or square feet) of
project site:
Twenty-eight (28) acres.
(b) Are there buildings now on the project site?
Yes.
(c) Indicate the present use of the project site:
Vacant.
(d) Indicate present owner of project site:
•
Owens-Corning.
e
(e) Is the project site within the corporate limits of a city?
Yes.
11. If the principal user now owns the project site, indicate:
(a) date of purchase:
(b) purchase price:
(c) balance of existing mortgage:
(d) holder of mortgage:
12. If the principal user is not now the owner of the project site,
does the principal user have an option to purchase the site and
any buildings on the site? If yes, indicate:
(a) date option agreement signed with owner:
(b) purchase price under option:
(c) expiration date of option:
13. Has the principal user entered into a contract to purchase the
site? If yes, indicate:
(a) date signed: 1/23/84
(b) purchase price: $510,000.00
(c- j F t t I I C.r.F-nt. Qct E: /84
14. If the principal user is not the owner of project site, does the
principal user now lease the site or any buildings on the site?
No.
15. Is there a relationship legally or by virtue of common control or
ownership between the principal user and the seller of the
project? If yes, describe this relationship:
No.
16. Describe any liens and encumbrances relating to the project site,
together with evidence that all necessary interests in `real
estate required for the construction, installation and operation
of the pro.ject have been or can be acquired, that all necessary
access roads, utilities and drainage facilities have been or can
be proviped and that all approvals, permits, consents or
authorizations of any governmental or public agency, authority or
person .r*quired in connection with the construction, installation
and operation of the project have been or can be obtained.
No special or unusual permits are required. There are no
liens against the buildings or site to prevent utilization.
17. Does the project involve acquisition of an existing building or
other facilities? If yes, indicate number and size 'of such
buildings and facilities:
No.
16. Does the project consist of the construction of a new building or
other facilities? If yes, indicate number and size of new
buildings and facilities:
No.
19. Does the project consist of additions and/or renovations to
existing buildings or other facilities? If yes, indicate nature
of expansion and/or renovation:
Electrical and mechanical modification to allow utility
services for manufacturing equipment roof repair.
20. If any space in the project is to be leased to third parties,
indicate total square footage of the project, amount to be leased
to each tenant, and proposed use by each tenant:
None. .
21. Give the names of the architect, engineer and general contractor
for the project:
1C tE }�1G �C1 1 SCE' VL✓CJ1iLt_I J0-D (v771l ?�E local
companies).
22. (a) Give the approximate -date of commencement and completion of
the project:
Commencement - First quarter 1984
Completion - Second quarter 1986
(b) If the construction work on this project has begun complete
the following:
Not yet begun.
Date Commenced:
site clearance
yes
no X
complete
foundation.
des
no 2
complete
footings
des
no _2
complete
steel
yes
no _I
complete
masonry work
des
no X
complete
other (describe
below)
yes
no 2
complete
23. List principal items or categories of equipment to be acquired as
part of the project:
Pipe manufacturing equipment: winders, ovens, extractors,
threaders;
Testing equipment: mandrels, die molds;
Support equipment: resin mixing, hoists, conveyors, creels.
24. Has any of the above equipment been ordered or purchased? If
yes, indicate:
No.
ITEM DATE ORDERED DELIVERY DATE PRICE
25. List the face amount of all tax-exempt financing previously
arranged by or for the benefit of the principal user:
None.
26. Give a detailed showing of the estimated cost of the project
together with a list of the sources from which payment will be
made, which shall show estimated items of cost as follows:
0 ) the requisition of all ),:r.c, richt-of-way, property rights,
easements and interests acquired or to be acquired:
Tone.
(b) machinery and equipment:
$4,000,000
(c) building costs:
None.
(d) financing charges, including fees and expenses of original
purchaser, underwriter, financial advisor or placement agent,
bond counsel, other legal counsel, bond delivery and printing
expense, bond discount, the costs of preparing and processing the
application to the Texas Economic Development Commission, and any
other fees and expenses in connection with the financing of the
project: t
$w,b00.00
(e) interest prior to and during construction and for one year
after completion of construction, if applicable:
$942,000.00 estimated.
(f) any reserve funds; _
(g) engineering, including among other costs the costs of
estimates, plans, specifications and surveys:
$200,000.00 estimated.
(h) architectural fees:
gone.
(i). administrative expense of the Industrial Development
Authority:
$5,000.00
(j) any other enumerated expenses:
Organization anti Installation costs: $743,000.00
(k) contingencies:
7/. V1EI-( anti of the abnvc e?;jE'nCiLU]E: Lt. t+1 ihC ;'PT,31C2nI J)Td0]" t0
the date of the inducement resolution? If yes, indicate
particulars:
No.
28. Have any of the above expenditures been incurred but not paid by
the principal user? If yes, indicate particulars:
No.
29. Are costs of working capital, inventory, moving expenses, work in
process, or stock in trade included in the proposed uses of bond
proceeds?
No.
30. Will any Qf the funds to be borrowed through the Authority be
used to repay or refinance an existing mortgage or outstanding
loan?
Noe
(Complete questions 31 and 32 only if the proposed financing is an
industrial development financing in excess of $1 million.)
31. List "capital expenditures" paid or incurred by the principal
user or any other person with respect to this project:
None.
Past 3 years Next 3 years
Land $ $
Buildings
Equipment
Engineering
Architecture
Research and Development
Interest during construction
Other (please explain)
"Capital expenditures" means any expenditures which could, under any
-election provided in the Income Tax Regulations, be treated as a
capital expenditure rather than an ordinary expense for federal income
tax purposes. Examples of areas requiring particular attention are:
Research and development expenses with respect to a facility must
be treated as capital expenditures with respect to it. This
would include research and development with respect to equipment
to bE usLL therE. RcELFnrcl: 8T1` 6cvf-3op,lcnt cxpciLSt£ E-311)Cable to
the project to the project under the foregoing rule must be
treated as capital expenditures even if paid by the customer.
Costs of molds, etc. to be used at a facility are capital
expenditures even if paid by the customer.
Costs of equipment to be moved to a facility are capital
expenditures even if the purchase and initial use of the
equipment occurred outside the municipality.
32: List capital expenditures with respect to other facilities of the
principal user or any related person, if the facilities are
located in the same municipality.
None.
Past 3 years
Land $
Buildings
Equipment
Engineering
Architecture
Research and Development
Interest during construction
Other (please explain)
r
Next 3 years
F C EOX 337E. HOUEIOK,
TEXAS 77001
(713) 221-6611
January 23, 1984
Hr. Grey Lewis
Lurbock.Industrial Development Commission
and the Lubbock Chamber of Commerce
Dear Hr. Lewis:
Allied Bank of Texas in Houston, Texas hereby expresses an interest
to lend $6,500.000. in the form of an Industrial Revenue Bond (13 B")
to Savage Fiberglass Pipe, Inc., ("Savage") as a part of Savage's
application with the Lubbock Industrial Development Commission.
The purpose of the IA would be for the construction of a fiberglass
manufacturing facility and related machinery and equipment to be
located in Lubbock; Texas.
The IRB would be secured by a first lien an land: building, machinery,
equipment and the personal guaranty of Ralph A. Shoberg.
This letter Is not a commitment on the part of Allied, but a statement
of our interest to act as lender in the proposed $6,500,ODD. IRB.
This IRB proprosal, including all terms and conditions is subject to
approval by Allied Bank of Texas' Senior Loan Committee and the accep-
tance of all terms and conditions by Savage.
Sincerely,
ALLIED BA 4K OF TEXAS J�
Edwin E. Smith
Executive Vice President
EES:cp
_1 J. C1
Loop InCi1.stl-1E1 h66i 10n , LC) i- C y O LUL. Dcc): , Lubboc:k
County, Texas and further described as f of ]
BEGINNING at a . 3/4" rod found in the North line of a previously
dedicated alley and the Northeast right-of-way line of the Slaton
Highway and U.S. Highway 84, from whence the Southwest corner of
said Section 11, Block S. bears S. 0*14' E. a distance of 10.0
feet and-.S. 8V46' W. a distance of 402.5 feet;
THENCE N. 73047942" W., along the Northeast right-of-way line of
said Slaton Highway a distance of 370.52 feet to the point of
curvature of a curve to the right from whence a 3/4" iron pipe
found at the intersection of tangents of said curve bears N.
73047'42" W. a distance of 11.11 feet;
THENCE Northwesterly along said curve to the right having a radius
of 15.0 feet, an interior angle of 73*03142", tangents of 11.11
feet, and an arc distance of 19.13 feet to the point of tangency
--of said curve in the East right-of-way line' of Peach Avenue;
r
THENCE N. 0044' W. .along said East right-of-way line a distance
of 1261.49 feet to a 3/40 iron pipe found at the point of curvature
of a curve to the right;
THENCE Northeasterly,•albng said right-of-way line and around said
curve to the right, having a radius of 179.91 feet, interior angle
of 48 0 25'30" , and an arc distance of 152.05 feet to a point of
compound curvature of said curve, from" whence a found 3/4" iron
pipe bears N. 47.041'30" E. a distance of 15.0 feet;
THENCE Easterly, along a curve to the right, having a.radius of
15.0 feet, interior angle of 9DO0D', and an arc distance of 23.56
feet to the point of tangency of said curve, from whence said 3/4"
iron pipe bears N. 42018630" W.'a distance of 15.0 feet;
THENCE S. 42018.30" E., along the Southwest right-of-way line of
Southeast Drive and Spur No. 331 a distance of 786.65 feet to a
found bolt;
THENCE S. 390461 E., along said Southwest right-of-way line a
distance -of 968.27 feet to a found iron pipe;
,44
THENCE S. 32008*370 E., along said Southwest right of -way line
a distance of 216.42 feet to a h" iron pipe set in the North line
of a previously dedicated alley;
THENCE S. 89"46 • Tij , along said North line a distance of 961.22
feet to the Point' of Beginning..
r
10+.14111110
NOTICE OF PUBLIC HEARING TO DETERMINE WHETHER THE
CITY OF LUBBOCK, TEXAS, SHOULD APPROVE AN
INDUSTRIAL PROJECT TO BE FUNDED WITH INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR SAVAGE FIBERGLASS
PIPE, INC.
NOTICE is hereby given that the City Council of the City of
Lubbock, Texas, will convene at the City Hall, Lubbock, Texas, at
-9.30_ o'clock p.m. on the �4th day of May, 1984, to determine
whether an industrial project should be approved by the City under the
Development Corporation Act of 1979, as amended, and the rules and
regulations promulgated by the Texas Economic Development Commission,
and pursuant to Section 103 of the Internal Revenue Code of 1954, as
amended. Savage Fiberglass Pipe, Inc., a corporation organized and
existing under the laws of the State of Texas, with its principal
place of business at 7802 Southeast Drive, Lubbock, Texas, has
requested the City Council to approve a proposed industrial project
consisting of the acquisition and installation of furniture,
fixtures, equipment and related facilities to be used in the
manufacture, distribution and storage of fiberglass pipe and related
materials to be located in the City of Lubbock, Lubbock County, Texas.
Said Project has been recommended for approval by the Lubbock
Industrial Development Corporation, and is within the boundaries of
the City of Lubbock, Texas. Savage Fiberglass Pipe, Inc. is
requesting the issuance of Industrial Development Revenue Bonds in the
amount of $6,500,000 to assist in funding said project.
At the time and place herein established for the public hearing,
all interested parties may present evidence and testimony on the
question of whether the industrial project proposed by Savage
Fiberglass Pipe, Inc. should be approved by the governing body of the
City of Lubbock, Texas under the Development Corporation Act of 1979,
as amended, and the rules and regulations promulgated by the Texas
Economic Development Commission, and under Section 103 of the Internal
Revenue Code of 1954, as amended,
CITY OF LUBBOCK, TEXAS
BY:
CITY SECRETARY
POSTED:.
5-9-84
EXHIBIT C
1
THE STATE OF TEXAS
COUNTY OF ?BBO(' '
Before me > annie McKee a Notary Public in and for Lubbock County. Texas on this day
personally appeared Twi I a Aufi I 1 9 Account Manageof the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Evening and Sundav, who
being by me dull` sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this e—gaI Notice-326 wordt&0661 Per
word-$215.16 No. 895284 at Lubbock County. Texas and the attached print-
ed cops` of the No t i ee is a true copy of they original and was printed in the Lubbock
Avalanche -.Journal on the following dales: MaY 9 & 169 1984
I*OTICE OF PUBLIC HEARING
DETERMINE WHETHER.
4"t CITY OF LUBBOCK. -°
Account Manager
TEXAS, SHOULD APPROVE '�4
A INDUSTRIALPROJECT.,'!
ROJECT
DEDWITH, TOBEF'
I11BBOCK AVALANCHE -JOURNAL
#NDUSTRIALDEVELOPMENT
-
REVENUESONDSFOR
Southwestern Newspapers Corporation
AVAGE FIBERGLASSPIPE,1NC.
s MICEn14 hereby Of Pti, i �t the
T"faet, will con 0 11W it
tWiN. LobbKt. TI*as. .*I
'2•tlock
Subscribed and sworn to before me this 16 day of May
lg 84
p.tR on NIe 24th fty W
Y 19u. " Getermine -1.1w tw ..
�Oit;CtKtrNyrulect.ha,,aeea!-'.
.
tva
one povernino bodv of"city of
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ment Corporafion Act of H79-as
!mended, pod the risks end -repu-
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EfrotgmltDevebpmenf Commis-
. end ender Se[lron 103 e1 The
M B-roded. Revenue Code of 19Ss. as
ITTYa01; LUBBOCII TEXAS
Y' CITY RETARY
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DATEITIME ° I * Fedmi Fxlleae Itee
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EEC-S-0750 0/D/NI
4'
REVISION DATE
2183 S
T
PRIMED U.S.A:
4r4�eel
,r i a
7.I,;,la
CHANGE ORDER NO, 2
City of Lubbock, Texas
Water Treatment Plant
Ammoniation System
May 21, 1%84
To: West Texas Mechanical
5847 50th Street
Lubbock, Texas 79414
General description of work incluede in original contract.
Construction of improvements to the City of Lubbock Municipal Water
Treatment Plant, including construction of one 40,000 gallon anhydrous
ammonia storage tank, installation -of two 1,000 pound per day ammoniators,
one loading tower, one metal panel sun shield, and related piping,
valves, and appurtenances.
Original Amount of Contract ...................... $ 135,800,00
Change Order No. 1 ..........................(ADDZ 180,00
Change Order No. 2... .... , ...... 9..(.ADD). 1,189.00
Adjusted Contract Amount .................... $ 137,169,00
Adjustment in Construction Time ............. None
WHEREAS, it is desirable to make changes in the work to be constructed
under this project:
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage
gained, the Owner and the Contractor agree to the changes indicated below,
and further agree that the amount of the contract shall be adjusted by the
amount shown above.
1. Installation of a 1/2.-inch, 250 PS1 pressure relief valve on the
ammonia liquid line.
2. Installation of a 3/4-inch pressure regulator on the ammonia
supply line.
3. Installation of two (2) pressure gages on the ammonia supply line,
4. Installation of a 2-inch globe valve on the ammonia liquid line.
5. Installation of a 1 1/2-inch globe valve on the ammonia vapor line.
6. Miscellaneous fittings, appurtenances, and painting.
IN WITNESS THEREOF the Owner and t !nM
ractor have hereto set their
hands this the 1A day of , 1984,
--r..----,..-....,—.--—.-----------.�..�...��r.��s,��e..-.«T.�.�
CHANGE ORDER NO, 2
Page 1 of 2
V � y
RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers
Project
By , Engineer 3 2 1984
APPROVED: WEST TEXAS MECHANICAL, Contractor
B , President-0 5,122 1984
Calvin Worle
APPROVED:
ATTEST:
CITY OF LUBBOCK, TEXAS, Owner
By
6-6— , 1984
CHANGE ORDER NO. 2
Page 2 of 2
RESOLUT,J.ON 1652 - 4/12/84
•yj\Q, nr+u 'Zr,; FF'TA1'-TRt-=1S1F R
INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS §
§ EMERGENCY MEDICAL SERVICES
COUNTY OF LUBBOCK §
THIS AGREEMENT is made and entered into this 12th day of
April , 1984, by and between the City o Lubbock,
a home rule municipal corporation of Lubbock County, Texas
("City"), and the Lubbock County Hospital District, a political
subdivision of the State of Texas ("Hospital").
WHEREAS, the City of Lubbock as a home rule municipal
corporation has certain privileges and duties placed upon it by
the Laws and Constitution of the State of Texas, including, but
not limited to, the protection of the health, safety and welfare
of its citizens; and
WHEREAS, the Lubbock County Hospital District, as a politi-
cal subdivision of the State of Texas, created pursuant to
Article IX, Section 9 of the Texas Constitution and pursuant to
Vernon's Ann.Civ.St., art. 4494q, and House Bill No. 678, 60th
Legislature --Regular Session, page 1095, Ch. 484, Session Laws,
under and by virtue of which it is authorized to furnish hospital
and medical care to the residents of Lubbock County, including
those within the City of Lubbock pursuant to which the Hospital
has established an Emergency Medical Services Division ("EMS").
WHEREAS, Hospital has established and is operating emergency
medical stations in various locations within the City of Lubbock
at the present time; and
WHEREAS, there presently exists a need for skilled emergency
medical services within the City of Lubbock at all times of the
day to respond to requests by the City's Police and Fire Depart-
ments for emergency medical assistance in connection with
automobile accidents, fires and other types of emergency situa-
tions with personal injuries reported to the City's Police and
Fire Departments; and
WHEREAS, the Hospital, through its EMS Division, has such
skilled emergency medical services available within the City of
Lubbock; and
WHEREAS, Vernon's Ann.Civ.St., art. 4413(32c), provides for
interlocal cooperation agreements between cities and political
subdivisions of the State of Texas in order to promote efficiency
and effectiveness in local government operations; and
u
WHEREAS, the City Council of the City of Lubbock and the
Board of Managers of Lubbock County Hospital District deem it to
be in the best interest of their respective citizens to enter
into an interlocal cooperation agreement pertaining to emergency
medical services; NOW, THEREFORE:
W I T N E S S E T H:
1. PURPOSE. The purpose of this agreement is to obtain
for the citizens of the City prompt emergency medical services
which comply with the "Emergency Medical Services Act", Senate
Bill No. 385, 68th Legislature --Regular Session, page 2987, Ch.
516, Session Laws, at all times upon request for such services
being made by the City Police and Fire Departments and to provide
the fullest possible utilization of equipment and manpower of the
Hospital's EMS Division so as to enable both governmental
entities to more efficiently and effectively carry out its
governmental duties in the interest of the health, safety and
welfare of their respective citizens.
2. TERM. This agreement shall be for a term of one year,
beginning and ending ; and
it shall be automatically extended for successive one-year
periods unless either party shall at least thirty (30) days prior
to the expiration of any one-year period, give notice of termina-
tion to the other party; and upon such notice being given, the
agreement shall terminate at the end of that current one-year
period. Any payments made by either party hereunder shall be
made from current revenues.
3. DUTIES OF HOSPITAL. The Hospital agrees to provide
emergency medical services within the City of Lubbock at the
request of the City Police and Fire Department at all times of
day, which emergency medical services shall comply with all
standards and rules promulgated under the "Emergency Medical
Services Act" of the State of Texas now existing or hereinafter
adopted and to maintain sufficient equipment and staffing to meet
the requirements of this agreement at all times.
4. DUTIES OF CITY. The City agrees to the following:
(a) To request the Hospital EMS Division to respond in
all instances in which the City, its Police or Fire Department is
notified that emergency medical units are needed at all times of
the day or night.
(b) Encourage periodic cross -training between the Fire
Department, Police Department and the Hospital with regard to
communications, radio, dispatch and emergency communications.
(c) Maintain all communication systems in place and
operating upon the date of execution of this agreement.
- 2 -
5. MISCELLANEOUS PROVISIONS.
(a) Nothing herein shall be construed as limiting the
City from obtaining emergency medical assistance from other
sources in the event that all available Hospital EMS Units are in
use: City is informed by hospital that it has no EMS units
available to meet City requests or in the event of dire emergency
or public calamity.
6. ENTIRE AGREEMENT. It is agreed and understood by the
parties hereto that this contract embodies the entire agreement
of the parties hereto and this contract may not be enlarged,
modified or altered except by written instrument signed and
endorsed by the parties hereto.
APPROVED this 12th day of
' Wr�
ATTEST:
ecretar
ATTEST:
Lubbock County Clerk
APpro vek :
Apri 1 , 1984.
BOARD OF MANAGERS
CITY OF L,,0BQCK:
f
COMMISSIONERS COURT APPROVAL
odrick L.Shaw, Judge
- 3 -
r: RESOLUTION 1584 84
♦�V
A G R E E M E N T
TRAFFIC SIGNAL INSTALLATION
INTERSECTION OF U.S. 82 (BROWNFIELD HWY.)
WITH F.M. 2255 (4TH STREET) IN
LUBBOCK, LUBBOCK COUNTY
STATE OF TEXAS
COUNTY OF TRAVIS
This AGREEMENT, dated this 23rd day of February , 19 84 , by and
between the State of Texas, hereinafter called the "State," Party of the First Part;
and the City of Lubbock, Lubbock County, Texas, acting by and through its duly
No. 1584
authorized officers under an OVOIAMiLye/Resolution, passed the 23rd day of
February , 19 84 , hereinafter called the "City," Party of the
Second Part, is made to become effective when fully executed by both parties.
W I T N E S S E T H
WHEREAS, the City has authorized the installation of highway traffic signal(s)
No. 1584
by 0K'AA i@/Resolution, passed on the 23rd day of February 19 84 ,
at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof:
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
i
agreements of the parties hereto to be by them respectively kept and performed, as
hereinafter set forth, it is agreed as follows:
1. The State will furnish the necessary funds for the actual construction, and
installation of said signal(s), and supervision of construction.
2. The City hereby consents to the construction of the highway traffic signal(s)
shown on EXHIBIT 1 by the approval of the location and the manner of construction as
shown on the plans, prepared by the City, and described in the specifications.
3. The City will operate and maintain the highway traffic signal(s) at City's
expense upon completion and acceptance of the roadway construction by the State.
4. The City will pay all power costs for operating the signal(s).
AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA) MODIFIED 8-83 Dist. 5
5. The City will obtain written approval of the State Department of Highways
and Public Transportation before making any changes in the design of operation and
timing of the signal(s) or before removing any part of the installation(s).
6. The City will return any and all parts of said highway traffic signal
installation(s) to the State should it (they) be removed by the City for any reason
other than for installation on a State or Federal numbered highway route at a location
approved by the State.
7. The City will be responsible for the police enforcement required for
securing obedience to the highway traffic signal(s).
8. In the event the signal(s) installed in accordance with this Agreement
become unnecessary or are removed for any reason this Agreement shall terminate.
9. Indemnification
The City agrees to indemnify the State against any and all damages and
claims for damages to adjoining, abutting or other property for which the State is
or may be liable arising out of, incident to or in any way connected with the
installation, the construction, the existence, the,use of such project and does
hereby agree to indemnify the State against any and all court costs, attorneys'
fees and all expenses in connection with suits for such damage and shall, if
requested to do so in writing, assist or relieve the State from defending any such
suits brought against it.
Nothing in this agreement shall be construed to place any liability on
the City for personal injury arising out of the construction of such project.
Furthermore, it is not the intent of this agreement to impose upon the City the
liability for injury to person or property arising out of the construction of the
project by the State's contractor unless the State itself would be liable for
such injury or damage.
AGREEMENT (TRAFFIC SIGNAL - TYPE E-1A) MODIFIED 8-83 Dist. 5.
2-4
Nothing herein contained shall be construed to place upon the State any
manner of liability for injury to or death of persons or for damage to or loss of
property arising out of or in any manner connected with the use of the project,
and the City will save the State harmless from any damages arising from said main-
tenance and/or use of said project.
It is further understood and agreed between the parties hereto that the
improvement of the project by the State is for the sole purpose of providing the
travelling public a more adequate travel facility snd shall never be the basis of
any claim for State assumption, or participation in the payment, of any of the
obligations of the City incurred in the improvement, past or present, of any
street project.
10. The department will not incur any financial obligation to the City as a
result of this agreement.
AGREEMENT (TRRAFFIC SIGNAL - TYPE E-lA)
3-4
8-83 Dist.5
' r
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the dates shown hereinbelow.
Executed on behalf of the City, this
23rd day of February 19 84
ATTEST:
By:
cretar for City
EVELYN GAFFGA
APPROVED AS TO CONTENT: STATE OF TEXAS
Certified as being executed for the purpose
4VU�Ky�t /11;?���
and effect of activating and/or carrying out
the orders, established policies, or work
programs heretofore approved and authorized
Larry Hof, Tr f cd Transportation
Director by the State Highway and Public•Transportation
Commission:
APPROVED:
By:
4y of `y �, / 19
—'Chief ;ngineer of Safety
and Maintenance Operations
Executed and approved for the State Highway
and Public Transportation Commission under
Authority of Commission Minute 78501 and
Administrative Order No. 29-81
RECOMMENDED FOR EXECUTION:
District Enq' er
AGREEMENT (TRAFFIC SIGNAL - TYPE E-lA)
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T~ ' EXHIBIT 1
tit I Iy
STATE OF TEXAS
COUNTY OF LUBBOCK
I, EVELYN GAFFGA , the duly
appointed, qualified and acting city secretary of the City of
Lubbock , Texas, hereby certify that the foregoing
pages constitute a true and correct copy of an p�MO�M/resolution
No' 1584 mFebruary passed by the City Council at a meeting held on Y 23,
1984
A.D.,xAa at 9:30 o'clock A. M.
To certify which „witness my hand and seal of the
City of Lubbock , Texas, this 23rd day of
1984
February . 2Z&Ax at Lubbock ,
Texas.
C
City Secretary of ,t City of
Lubbock, Texas
jss
COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER -DIRECTOR
ROBERT C. LANIER, CHAIRMAN AND PUBLIC TRANSPORTATION MARK G. GOODE
ROBERT H. DEDMAN P . 0. Box 771
JOHN R. BUTLER, JR. Lubbock,. Texas 79408-0771
June 5, 1984
IN REPLY REFER TO
FILE NO.
Control 380-1-45, U.S. 82, (Brownfield Highway)
Intersection with F.M. 2255, (4th Street) 123456
Lubbock, Lubbock County
v�
Mr. Larry J . Cunningham
City Manager
P. 0. Box 2000
Lubbock, Texas 79457
Dear Larry:
Enclosed for your files and records is one fully executed copy
of the Traffic Signal Installation Agreement for the intersection
of U.S. 82, (Brownfield Highway.) with F.M. 2255, (4th Street) in
Lubbock.
If you should have any questions or if this office can be of
further assistance to you, please advise.
WCP:}ss
Encl.
Yours truly,
Ben Alley
District Engine
`0'
By: �
W. C. Powell
Supervising. Traffic Engineer
District Five
1886 ,U%019XX 1986
• RESOLUTION 1687 - 5/10/84
&CP 7f>-_3
STATE OF TEXAS
COUNTY OF LUBBOCK
CONTRACT
This. agreement, made and entered into this loth day of May
A.O. _1,984; by and between the City of Lubbock, County of Lubbock,State o Texas,
acting by and through Alan HenryMayor, thereunto
authorized to do so, hereinafter referred to as OWNER, and
Holland Gardens, Co. 4315 50th St.
of the City of Lubbock County of Lubbock
and State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of
certain improvements described as follows:
Landscaping and irrigation for the Quirt Avenue medians at a cost of
$16,427.40.
and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or their) own proper cost and expense to furnish
all materials, supplies, machinery, equipment, tools, superintendence, labor,
incurance and other accessories and services necessary to complete the said
construction in accordance with the contract documents as defined in the
General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the perfor-
mance of the contract in accordance with the proposal submitted therefor,
subject to additions and deductions, as provided in the contract documents and
to make payment on account thereof as provided therein.
IN I1"NEaS WHER0F, the parties to these presents have executed Chia con
in six (6) counterparts, each of which shall be deemed an original, in the
year and day first above mentioned.
CITY OF LUBBOCK, T
May
ATTEST:
City Seceecar—Treatgueero
APPROVED AS TO CONTENT:
APPROVED AS TO FORH:
CONTRACTOR
BY:
TITLE:
ATT£ST:
Secretary.., COMPLETE ADDRESS: L61A bAeDekm
DGV:da
CERTIFICATE
6►Id
A CERTIFICATE FOR RESOLUTION OF THE GOVERNING BODY OF THE CITY OF
LUBBOCK, TEXAS, APPROVING A RESOLUTION CONCERNING ISSUANCE OF BONDS PASSED
BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION; AND APPROVING A PROJECT
UNDER THE DEVELOPMENT CORPORATION ACT OF 19799 AS AMENDED, AND THE RULES OR
REGULATIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION AND
SECTION 103 OF THE INTERNAL REVENUE CODE OF 19549 AS AMENDED; AND MAKING
FINDINGS IN CONNECTION THEREWITH.
I, the undersigned City Secretary of the City of Lubbock, Texas (the
"Unit"), do hereby certify as follows:
1. The City Council (the "Governing Body") of the Unit corivened in
regular session at 9:30 a .m., central standard time, on May 24
1984, (the "Meeting' , at the designated meeting place, and the roll was
called of the duly constituted members of the Governing Body, to wit:
Alan Henry
George Carpenter
Joan Baker
E. Jack Brown
M.J. Aderton
Maggie Trejo
T.J. Patterson
Mayor
Mayor Pro Tem
Councilwoman
Councilman
Councilman
Councilwoman
Councilman
All of such persons were present, except the following absentees:
None absent , thus
constituting a quorum. Whereupon among other business, a written:
RESOLUTION 1688
RESOLUTION OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, APPRV-
ING A RESOLUTION CONCERNING ISSUANCE OF BONDS PASSED BY THE LUBBOCK
INDUSTRIAL DEVELOPMENT CORPORATION; AND APPROVING A PROJECT UNDER THE
DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULA-
TIONS ADOPTED BY THE TEXAS ECONOMIC DEVELOPMENT COMMISSION AND SECTION 103
OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED; AND MAKING FINDINGS IN
CONNECTION THEREWITH.
(the "Resolution") was duly introduced for the consideration of the
Governing Body and read in full. Thereupon, the Presiding Officer instruc-
ted the Governing Body that, if any member has any legal or equitable
interest in, or has received any money from, Savage Fiberglass Pipe, Inc.
or any other business entity that would receive an economic benefit as a
result of the Board of Directors' vote on the Resolution, or if any member
knows of any of his or her relatives, by blood or marriage, who have an
ownership interest in, or who have received money from such business
entities, that member must (1) abstain from participating in the discussion
eT .
and in the vote on the Resolution and, (2) before such vote is taken, file
an affidavit with the Secretary stating the nature of such ownership
interest or such receipt of money. A copy of each such affidavit that was
so filed is attached to these Minutes as an exhibit. It was moved and
seconded that the Resolution be adopted; and, after due discussion, said
motion, carrying with it the adoption of the Resolution, prevailed and
carried. It was moved and seconded that the Resolution be adopted; and,
after due discussion, said motion, carrying with it the adoption of the
Resolution, prevailed and carried by the following votes:
FOR: b
AGAINST: 0
ABSTAINED: Carpenter
2. A true, full and correct copy of the Resolution is attached to
and follows this Certificate; the Resolution has been duly recorded in the
minutes of the Meeting; the above and foregoing paragraph is a true, full
and correct excerpt from the minutes of the Meeting pertaining to the
adoption of the Resolution; the persons named in the above and foregoing
paragraph are duly elected, qualified, and acting members of the Governing
Body; each of such members was duly and sufficiently notified officially
and personally, in advance, of the time, place and purpose of the Meeting,
and that the Resolution would be introduced and considered for adoption at
the Meeting, and each of such members consented, in advance, to the holding
of the Meeting for such purpose; and the Meeting was open to public, and
the public notice of the time, place and purpose of the Meeting was given,
all as required by Article 6252-17, Vernon's Texas Civil Statutes, as
amended.
SIGNED AND SEALED this 24th day of May , 1984.
(CITY SEAL)
Prepared by Development Solutions, Inc.
CITY SECRETARY
MM
CERTIFICATE FOR RESOLUTION approving the
Resolution of the Lubbock Industrial Development
Corporation Providing For the Issuance of Lubbock
Industrial Development Corporation Industrial
Development Revenue Bonds (Savage Fiberglass Pipe,
Inc. Project) Series 1984.
I, the undersigned City Secretary of the City of Lubbock, Texas
(the "Unit"), do hereby certify as follows:
1. The City Council (the "Governing Body") of the Unit convened in
session at Lubbock, Texas on June --IA,— 984 (the "Meeting"), at the 7 /Z -0
designated meeting place, and the roll was called of the duly
constituted members of the Governing Body, to wit:
Alan Henry
Mayor
George Carpenter
Mayor Pro Tem
Joan Baker
Councilwoman
Jack Brown
Councilman
T. J. Patterson
Councilman
Bob Nash
Councilman
Maggie Trejo
Councilwoman
All of such persons were present, except the following absentees:
, thus
constituting a quorum. Whereupon among other business, a written:
RESOLUTION approving the Resolution of the Lubbock
Industrial Development Corporation Providing For
the Issuance of Lubbock Industrial Development
Corporation Industrial Development Revenue Bonds
(Savage Fiberglass Pipe, Inc. Project) Series 1984
(the "Resolution") was duly introduced for the consideration of the
Governing Body. Thereupon, the Presiding Officer instructed the ,
Governing Body that, if any member has any legal or equitable interest
in, or has received any money from, Savage Fiberglass Pipe, Inc. or any
other business entity that would receive an economic benefit as a result
of the Governing Body's vote on the Resolution, or if any member knows
of any of his or her relatives, by- blood or mhrriage, who have an _
ownership interest in, or who have received money from, such business
entities, that member must (1) abstain from participating in the
discussion and in the vote on the Resolution and, (2) before such vote
is taken, file an affidavit with the City Secretary stating the nature A.
of such ownership interest or such receipt of money. A copy of each
such affidavit that was so filed is attached to these Minutes as an
exhibit. It was moved and seconded that the Resolution be adopted; and,
after due discussion, said motion, carrying with it the adoption of the
Resolution, prevailed and carried. It was moved and seconded and, after
due discussion, said motion, carrying with it the adoption of the
Resolution, prevailed and carried by the following votes:
AYES:
NOES: ABSTAIN:
1
2. A true, full and correct copy of the Resolution is attached to
and follows this Certificate; the Resolution has been duly recorded in
the minutes of the Meeting; the above and foregoing paragraph is a true,
full and correct excerpt from the minutes of the Meeting pertaining to
the adoption of the Resolution; the persons named in the above and
foregoing paragraph are duly elected, qualified, and acting members of
the Governing Body; each of such members was duly and sufficiently
notified officially and personally, in advance, of the time, place and
purpose of the Meeting, and that the Resolution would be introduced and
considered for adoption at the Meeting, and each of such members
consent, in advance, to the holding of the Meeting for such purpose; and
the Meeting was open to the public, and the public notice of the time,
place, and purpose of the Meeting was given, all as required by Article
6252-17, Vernon's Texas Civil Statutes, as amended.
SIGNED AND SEALED this day of , 1984.
(SEAL)
CITY SECRETARY,
THE CITY OF LUBBOCK, TEXAS
PAI