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HomeMy WebLinkAboutResolution - 899 - Memo Of Agreement - LIDC - Ingersoll-Rand Company Project - 09/10/1981t *. RESOLUTION 899 - 9/10/81 CITY SECRETARY -TREASURER j A RESOLUTION by the City Council of the City of Lubbock, Texas, ratifying, confirming and approving a "Memorandum of Agreement" pertaining to the financing of an industrial development project between the Lubbock Industrial Development Corporation and Ingersoll-Rand Company. WHEREAS, the Lubbbck Industrial Development Corporation (the "Issuer") has submitted to this City Council for approval a "Memorandum of Agreement" between the Issuer and Ingersoll-Rand Company (the "Company") pertaining to the financing of an industrial development project for the Company and/or its sub- sidiary Ingersoll-Rand Oilfield Products, Inc., , such agreement being attached hereto as Exhibit A and.made a part of this resolution for all purposes; and WHEREAS, this City Council has reviewed the foregoing agreement and determined that such project will promote and encourage employment within the City of Lubbock, Texas, and benefit the public welfare and the same should be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That the "Memorandum of Agreement" attached hereto as Exhibit A, by and between the Issuer and the Company is hereby in all respects ratified, confirmed and approved and the parties thereto may proceed with the project described therein and the making of arrangements for the financing thereof. SECTION 2: That any bonds, or other obligations, issued as a result of the Memorandum-of,Agreement herein approved shall not constitute a debt of the State of Texas, the City of Lubbock, Texas or any other political corporation, subdivision or agency of the State of Texas or a pledge of the faith and credit of any of them, but any.such bonds or obligations shall be payable solely from those funds derived .and resulting from, any and all agreements by and between the Issuer and the Company, and all such bonds or obligations issued shall contain.on their face a statement to the effect that neither the State, the City nor any political corporation, subdivision or agency of the State 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, the City, or any political corporation, subdivision or agency thereof is pledged t0_ --the payment of the principal of or interest on such bonds. PASSEI[� AND APPROVED-, this the ay of e e er 1981. ATTEST: - City Secret ry i y of Lubbock, Texas (City Seal) '! � �_) ;24�/ J 4 d", A - Mayor, City of Lubbock, Texas Approved as to form: John C. Ross, Jr., city Attorney ' . EXHIBIT A MEMORANDUM OF AGREEMENT THIS AGREEMENT is entered into by and between Lubbock Industrial Development Corporation (the "Issuer") and Ingersoll- Rand Company together with its subsidiary, Ingersoll-Rand Oilfield Products, Inc. (hereinafter collectively referred to as the "Company"), for the purpose of securing the agreement of the Corporation to issue its revenue bonds (the "Bonds") for the purpose of financing certain industrial, manufacturing or commercial facilities (the "Facilities") for the use of the Company, such Facilities to be located wholly or partly within the boundaries of the City of Lubbock, Texas (the "Unit"). (a) The obligations of the parties hereunder are contingent upon obtaining prior to the issuance of the Bonds, a ruling from the. Internal Revenue Service to the effect that interest on the Bonds will be exempt from federal income tax under Section 103(b) (6) of the Internal Revenue Code of 1954, as amended, if in the opinion of Bond Counsel such a ruling is required, and upon obtaining such other rulings, approvals, consents, certificates, opinions of counsel and other instruments and proceedings as may be deemed necessary by the Company or Bond Counsel with respect to the Facilities, the Bonds or any instrument relating . thereto, from such governmental agencies and entities as may possess, or may have asserted authority or jurisdiction over or interest in matters pertaining to the Facilities, all of which shall be in full force and effect at the time of the issuance of the Bonds. (b) Substantially all of the proceeds of the Bonds shall be used solely to finance the acquisition, construction . and improvement of the Facilities or a portion thereof, as generally described in. Schedule A attached hereto and hereby made a part hereof. (c) The -Bonds shall be in an aggregate principal amount of not to exceed Ten Million Dollars ($10,000,000), and shall be issued in one or more series, but only pursuant to a resolution or resolutions of the Issuer's Board of Directors which will be approved as to form by Bond Counsel. Subject to the terms hereof, the Issuer agrees as follows: (1) To issue the Bonds and, if the Company and the Issuer agree, other evidences of indebtedness providing temporary financing of the Facilities which will be issued after the date hereof and be refunded by the Bonds pursuant to legislation heretofore or hereafter enacted which may provide a suitable method of tax exempt bond financing. The Bonds shall be issued in an aggregate principal amount not to exceed the then estimated cost of the Facilities, including the costs of issuance. (2) To cooperate with the Company with respect to the issuance and sale of the Bonds, and, if arrangements therefor satisfactory to the Company and the Issuer can be made, the Issuer will authorize the execution of such documents and will take such further action as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the completion of the Facilities. (3)' To take such actions and execute such documents as may be necessary and as may be agreed upon between the Company and the Issuer to permit the issuance from time to time in the future of additional Bonds on terms which shall be set forth therein, whether pari passu with other series of Bonds or otherwise, for the purpose of defraying the costs of completions, enlargements, improvements and expansions of the Facilities, or any segment thereof, as requested by the Company, and within the limitations of Section 103(b)(6) of the Internal Revenue Code of 1954, as amended. (d) The Company and the Issuer will enter into a contract under the terms of which the Company will unconditionally obligate itself to pay to the Issuer (or a trustee, as the case may be) sums sufficient in the aggregate to pay the principal of, interest on and redemption premiums, if any, together with trustee --'s fees and fees of paying agents, with respect to the Bonds, as and when the same become due and payable. (e) Provisions shall be made in each resolution of the Issuer's Board of Directors providing for issuance of the Bonds for payment to the Issuer from proceeds of the Bonds of an amount equal to all costs incurred by it (including legal fees) in connection with the issuance and sale of the Bonds. (f) Should no Bonds have been issued pursuant hereto on or before five years from the date hereof, the Issuer's obligation to issue Bonds shall cease, and the Company shall pay to the Issuer an amount equal to all costs, direct and indirect, incurred by the Issuer in negotiating contracts hereunder, in acquiring and constructing facilities and in preparing for issuance of Bonds which are not actually issued; and the Issuer shall transfer to the Company good title to all real or personal property theretofore transferred by the Company to the Issuer and all other real or personal property acquired by the Issuer with any funds advanced to the Issuer by the Company hereunder. (g) Upon completion of the acquisition, construction and improvement of the Facilities, they shall be operated and maintained by the Company without cost or expense to the Issuer. (h) The Company hereby irrevocably agrees that it will (1) pay all project costs which are not or cannot be paid or reimbursed from the proceeds of the Bonds issued by you, and (2) at all times indemnify and hold harmless the Issuer and the members and officers of its Board of Directors and the Unit and the members and officers of its governing body against all losses, costs, damages, expenses and liabilities of whatsoever nature or kind (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 relating to this Agreement or the issuance, offering, sale or delivery of any Bonds, or the design, construction, installation, operation, use, occupancy, maintenance or ownership of the Facilities. It is further understood and agreed that the indemnity provisions hereof shall be continuing and shall survive and continue to be effective after any approval or .disapproval of this Agreement and the issuance or failure to issue any such Bonds and the construction and operation of the Facilities (i) In addition to the payments provided for above, the Company shall pay to the Issuer, from the proceeds of. the Bonds or otherwise as agreed upon, all costs and expenses incurred by the Issuer in issuing the Bonds, and all costs and expenses incurred by the Issuer in administering the Bonds subsequent to issuance through final maturity and payment and such other payments as shall be agreed upon in writing between the parties. (j) The terms of the Bonds (maturity schedules, interest rates, denominations, redemption provisions, etc.) shall be as authorized by the Development Corporation Act of 1979, and as may be mutually satisfactory to the Company and the Issuer. (k) If the Bonds shall not be issued for any reason, the Company shall have no obligation under this Agreement, except with respect to paragraphs (f) and (h) hereof. (1) It is contemplated that the form and contents of all resolutions, contracts, trust indentures and other documents contemplated hereunder will be mutually acceptable to the Company and the Issuer. (m) The Company agrees that any official statement, prospectus or other offering memoranda, through the use of which the proposed obligations are to be offered, sold or placed with any lender, purchaser or investor, shall contain the disclosures required by the Regulations adopted by the Issuer. (n) The Company agrees to pay the fees and expenses of the Financial Advisor, Bond Counsel and General Counsel of. the Issuer incurred on this Project after the execution of this Agreement and its approval by the Unit, it being understood that a part of such fees and expenses may required to be paid as their work progresses. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their respective officers, thereunto duly authorized as of the day of 31 1981. LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION By: President, Board of Directors (Corporate Seal) ATTEST: Secretary, Board of Directors INGERSOLL-RAND COMPANY By Its (Corporate Seal) ATTEST: INDUSTRIAL DEVELOPMENT FINANCING PROJECT 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): Ingersoll-Rand Oilfield Products Subsidiary of Ingersoll-Rand Co. Phone: (201) 573-0123 .200 Chestnut Ridge Road Woodcliff Lake, N.J. 07675 This entity is referred to as the "principal user"- of the project for Re remainder fthis-euestlonnaire. (b) Name, title, street address, ber of representativet designated nancing for the principal user: David W. Lowrance Manager - Domestic Finance Ingersoll-Rand Company mailing address and telephone'num- to work on the project and the fi- 200 Chestnut Ridge Road Woodcliff Lake, N.J. 07675 (201) 573-3173 (c) Name, title, street address, mailing address and telephone num- ber of legal counsel who will represent the principal user for the project and the financing: J. A. Fogarty 200 Chestnut Ridge Road Company Counsel Woodcliff Lake, N.J. 07675 Ingersoll-Rand Co. (201) 573-3383 (d) Name, title, ttreet address, mailing address and telephone num- ber of the accounting firm of the principal user: Price Waterhouse & Co. (201) 646-1550 Hackensack, N.J.- 2. (a) Form of organization of principal user (check one): x corporation partnership sole proprietorship. (b) State or other jurisdiction of incorporation or organization: Ingersoll-Rand Oilfield Products Co, - Delaware Ingersoll-Rand Co. - New -Jersey (c) Brief description of the organizational structure, including parent, subsidiaries and affiliates (state the degree of relation- ship): Ingersoll-Rand Oilfield Products Co. is a wholly-owned subsidiary of Ingersoll-Rar"'Co. Co.,. 3. Ownership: List all stockholders or partners having 10% or more int- erest in the principal user: Ingersoll-Rand Co. is a publicly held corporation traded on the New York Stock Exchange. No stockholder owns 10% or more of the company's shares. Ingersoll-Rand Co. owns 100$ of the capital stock of Ingersoll-Rand Oilfield Products Co.. -1 4. If any of the above persons own more than 50% of the principal user, list all other organizations which are thana50Xinterest insuch related principal user havin by virtue of such persons g more organizations: None 5. (a) Attach the principal user's Form 10-K for each of the five pre- ceding fiscal years, together with the principal user's most recent form 10-Q. See attached 12/31/80 form 10-K and form 10-Q for 3/31/81. (b) If the forms listed in paragraph 5(a) have not been filed with the Securities and Exchange Commission, furnish the following infor- mation: (i) a brief statement of the -history and type of business en- gaged in by the principal user: (ii) the names and ages of exeuctive or managing officers and directors of the principal user and a brief account of all the business experience of each such officer or director, including his principal occupations and employment and the name and prin- cipal business of the corporation or other organization in which such occupations and employment were carried on; Name and Position Acme Business Experience See form 10--K ae of 12/31/80 (iii) if the principal user's debt securities are rated or listed by.any published rating agency, give such ratings or, listings: Ingersoll-Rand co.'$: public debt is rated °',n b.X Moodys Inc. and Standard &'j?oor1',s. - 2 - (iv) The principal user's audited financial statement for each of the preceding five fiscal years; provided that this informa- tion .need not be furnished if: (A) a guarantor's audited finhnciai ttatements for each of the guarantor's preceding.five fiscal years, or (8) a governmental agency would be deemed to be a guarantor. 6. If appropriate, as to each guarantor, furnish the same information re- quested in paragraphs 1 through 5 above. N/A 7. Location of the project: Street Address City County State Route 289 and Lubbock Lubbock. Texas Plainview 9 8. 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: Purchase of buildings w.. th. 254, QQQ civat e 'feet,' Puxchgise of machine tools and other equipment to manufacture oilfield products. 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 ex- isting jobs would occur if the project was not constructed, estimate the number and types of existing jobs which would be lost and the es- timated annual payroll of employees holding such jobs. 200 manufacturing ! 10 administrative.' 10. Project site (land) (a) Indicate approximate size (in acres. or square feet) of project site. ils gLcxeg, (b) Are there buildings now on the project site? x- yes _ no (c) Indicate the present use of the project site. 'vacant and unoccupied, -3- (d) Indicate present owner of project site. Clark Equipment Co. Buchanan, Michigan (e) Is the project site within the corporate limits of a city? X yes no 11. If the principal user now owns the project site, indicate: Not now owned by A principal user. (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 .Auqust 13. 1981 (b) purchase price s8.5 million (c) settlement date September 15: 1981 14. If the principal user is not the owner of project site, does the princi- pal 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 owner- ship 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, to- gether with evidence that.all necessary interests in real estate re- -4- •• quired for the construction installation and operation of the project have been or can be acquired, that all necessary access roads, utili- ties and drainage facilities have been or can be provided and that all approvals, permits, consents or authorizations of any governmental or public agency, authority or person required in connection with the construction, installation and operation of the project have been or can be obtained. , No known liens.. The company believes all permits necessary to conduct business operations can be obtained. 17. Does the project involve acquisition of an existing building or other facilities? If yes, indicate number and size of such buildings and facilities: Yes. Five buildings with 2541,000 square feet. 18. 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: Renovation of production lines and additional equipment to produce oilfield products. 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 ten- ant, and proposed use by each tenant. N/A 21. Give the names of the architect, engineer and general contractor for the project. Not required. 22. (a) Give the approximate date of commencement and completion of the project. Estimated to begin 9/15/81 and be completed by 1/1/821 - 5 - 24. Has any of the above equipment been ordered or purchased? If yes, indi- cate: 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. Name Original Current of face outstanding Issue Date amount amount Location See attached'schedule of Ingersoll-Rand Co. tax exempt debt outstanding, 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: (a) the acquisition of all land, right of way, property rights, ease- ments and interests acquired or to be acquired; Land..t. S60LOf000 - 6 - (b) Is the construction work on this project begun? Complete the following: (a site clearance no % completed ate commenced (b, foundation ___-yes no complete date commerced (c) footings _yes no complete date commenced (d) steel __yes des no % complete date commenced (e) masonry work no % complete = ate commenced (f) other (describe __yes _yes no complete T_date commenced below) All construction work. completed by, prion owner of but.1d#.g. 23. List principal items or categories of equipment to be acquired as part of the project. Ma.chime tools. and welding egaipment. 24. Has any of the above equipment been ordered or purchased? If yes, indi- cate: 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. Name Original Current of face outstanding Issue Date amount amount Location See attached'schedule of Ingersoll-Rand Co. tax exempt debt outstanding, 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: (a) the acquisition of all land, right of way, property rights, ease- ments and interests acquired or to be acquired; Land..t. S60LOf000 - 6 - (b)..machinery and equipment; (c) building costs; $1.3 Million $6,600,000 (d) financing charges, including fees and 'expenses of original purch- aser, 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 In- dustrial Commission, and any other fees and expenses in connection with the financing of the project; $75,000 (e) interest prior to and during construction and for one year after completion of construction, if applicable (f) any reserve funds; None None (g) engineering, including among other costs the costs of estimates, plans, specifications and surveys; None (h) architectural fees; None (i) administrative expense of the Industrial Development Authority; $1;000 (j) any other enumerated expenses; (k) contingencies. None None -7- 27. Were any of the above expenditures made'by the applicant prior to 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: �7 29. Are costs of working capital, inventory, moving.expenses, work in pro- cess, or stock in trade included in the proposed uses of bond proceeds? No 30. Will any of the funds to be borrowed through the Authority be used to repay or refinance an existing mortgage or outstanding loan? LIC -1 (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: Past 3 years Next 3 years Land $ $ Buildings 'Equipment 1.000, 000 Engineering Architecture Research and development Interest during construction Other (please explain) $ npne $ 1,0001000. "Capital expenditures" means -any expenditures which could, under any election provided in the Incomr ''ax Regulations, be treated as a capi- tal expenditure rather than an ..`dinary 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 - 8 - used there. Research and development expenses allocable to the project under the foregoing rule must be treated as capital ex- penditures with respect to it even though the research and de- velopment work takes place in a different municipality or state. Costs of molds,. etc. to be used at a facility are capital expend- itures even if paid by the customer. Costs of equipment to be moved to a facility are capital expend- itures even if the purchase and initial use of the equipment oc- curred outside the municipality. 32. List capital expenditures with respect to other facilities of the prin- cipal user or any related person, if the facilities are located in the same municipality. Past 3 years_ Next 3 years Land $ $ Buildings Equipment Engineering Architecture Research and development Interest during construction Other (please explain) _ $ none_ $ none SCHEDULE OF TAX EXEMPT DEBT INGERSOLL-RAND COMPANY Amount Outstanding Rate $(000) - Industrial Revenue Bond Financings Shippensburg Ind. Dev. Authority (1986) 1,209 Lackawanna Ind. Dev. Authority (1993) 153 Pennsylvania Ind. Dev. Authority (1989) 442 Lackawanna Ind*. Dev. Authority - Moosic (1984-94) 892 Tioga I.nd. Dev. Authority - Waverly (1985-95) 1,155 Ind. Dev. Auth. of Pima County -Tucson (1996) 1,840 Ind. Dev. Auth. of New Hampshire -Nashua (1996) 1,000 Millers Falls Inc. Dev. Authority (1997-01) 1,000 Lackawanna Ind. Dev. Auth.-Scranton (1985-95) 11000 New Hampshire Ind. Dev. Authority -(1995) 3,000 Orrville Ind. Dev. Authority (1982) 41500 Shippensburg Ind. Dev. Authority (1982) 5,000 Torrington Company (a wholly-owned subsidiary) Screven County, Ga. IDA (1985-95) 3,500 Lumpkin County, Ga. IDA (1986-96) 1,000 Union County, S.C. IDA (1982) 1,000 S & S Corporation (a wholly-owned subsidiary) IDA of Tazewell County, Va. (1988) 865 IDA of Tazewell County, Va. (1985) 71 Washington County IDA (1985-95) 2,600 Lee -Norse Company (a wholly-owned subsidiary) Taylorville IDA (2001) 11000 Schlage Lock Company (a wholly-owned subsidiary) Colorado Springs IDA (1992) 1,000 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q Quarterly Report Under Section 13 or 15(d) of the Securities Exchange Act of 1934 For Quarter Ended June 30, 1981 Commission File Number 1-98 INGERSOLL-RAND COMPANY (Incorporated in New Jersey) I.R.S. Employer Identification No. 13-5156640 Woodcliff Lake, New Jersey 07675 Telephone - (201) 573-0123 Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 34 during the preceding 12 months (or for such shorter period ti; -c the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes . X No . . . As of August 10, 1981, there were 19,251,684 shares of $2 par value Common Stock outstanding. INGERSOLL-RAND COMPANY AND CONSOLIDATED SUBSIDIARIES FORM 10-Q INDEX PART I. FINANCIAL INFORMATION Page No. Condensed Balance Sheets at June 30, 1981 and December 31, 1980 2 Income Statements for the three months and six months ended June 30, 1981 and 1980 3 Condensed Statements of Changes in Financial Position for the six months ended June 30, 1981 and 1980 4 Notes to Financial Statements S Management's Discussion and Analysis of Financial Condition and Results of Operations 6 Exhibit "A" - Computations of Primary and Fully -Diluted Earnings Per Share 7 PART II. OTHER INFORMATION Legal Proceedings and Submission of Matters to a Vote of Security Holders 8 Signatures 9 M . r-1 0o e7' r-1 cam• %0 to .-i r--1 O co O C) N co qel M O O r-1 et C�- %C r-1 O %0 M M o Oct n o 0o N .c .-a r♦ M t\ C) N9 %D ac O w to w ri N w e-1 w !� �O w !� N w N M w CD w O M !n M b4 rel 4 6 b 01 &A o et N O Ln .-t w ri C r- M O N ri r-{ OLn N l� r•1 r♦ N N rO-i 9-4 0 N M M ftr 41 o � 07 c c o a c a o ►� m -4 . M n n v M Ln ao n .- - o x n M OO 4e 00 Ln M 4e M N .-i O O N Cp O cn .0 O r•� N I\ •Ct oo to P- c� O N Co r4 01 00 .rq ri O w t+ w C) C w O w eC C� 'w LA w C� w O M N w C� M ER} M .6t r4 Vf, .� O co .d• O N �D M Ln r- N 0; r♦ �D O r{ 64 rd An r♦ w N r-1 O �..� 0o r -I N t- M M M "-I OD . *S.4f!• btt n %O Ln M co w t- M qol cm r1 O cm Ln M M M 91- Ln r♦ M t\ N N9 %D CO w w O w ri w e -i r•1 Q1 OLn N l� r•1 r♦ N N rO-i 9-4 0 N M 41 o c c o a m O n M M M .-I Ch N O ry to C1 M cn .0 O r•� M Il) N M %C 00 M co �D o d co N O 01 00 OO [� O) w w w w w � w 117 .� ri M N �D .-•� 6n O N 0; r♦ �D O r{ 64 i$ Eg N O M 0o r -I N t- M M M OD N a) x to u O 'C O u rn 4J x •� O C u > O c i-. CC O 4J O E to E O h O H E c 'c rn O A v) u co .� O u w s. a� O E c >� h o •o o h a e ea a� cc a) �-4 c 4-) w = o 0o rn c 4J x Iz V c o cn sn u c U) O O 4J a .° O o0 .. C K E E w C .-4 In O O w ..4 to O ec a c b C O v F -° u .� ti O u d •u r-1 W N to c0 L. o k O "G Gl u C w O i+ Z 0 ._ w to > to o u cc c O 6 O w w Vto r, c. Z v "d ••4 C C O Cs. W O to W 0) v) 6) Oo Q a C O •.. ..r E K ( W U) W t)o @ •,ci bo W tJ� m Oo I.C. C i30 u O .a H 0) O a •t7 c ..ti i.. .2 i+ CY .r+ c c cc •C � 10 to C •c •rci tom1 OBD ,O LY. C 4.+ I~ � C [l1 O.Pq -4 41 O O V) Q 41tc cO Co to tC i .•� C . c Czo to •.r W u Qi lS! +J 6.4 ..� •� +J > O H a -p I.. a W U< O 41 Q .O > z O— - w a. z A Z Q 2 INGERSOLL-RAND COMPANY AND CONSOLIDATED SUBSIDIARIES CONDENSED STATEMENTS OF CHANGES IN FINANCIAL POSITION in ,thousan s Six Months Ended June 30 1981 1980 FINANCIAL RESOURCES WERE PROVIDED BY: Net earnings $ 760013 Depreciation and amortization 45,072 Other 5,665 Total funds provided 126,750 FINANCIAL RESOURCES WERE USED FOR: Dividends 35,715 Expenditures for property, plant and equipment 65,766 Increase in investments 159,624 Other 6,109 Total funds utilized 123,214 INCREASE (DECREASE) IN WORKING.CAPITAL 3,536 Working capital beginning of period 1,055,880 Working capital end of period $1,0591416 See accompanying notes to financial statements.' -4- INGERSOLL-RAND COMPANY.AND CONSOLIDATED SUBSIDIARIES NOTES TO FINANCIAL STATEMENTS Note 1 - The accompanying financial statements, in the opinion of management contain all adjustments (consisting only of normal recurring accruals) necessary to presept fairly the consolidated unaudited results of operations for the three months and six months ended June 30, 1981 and 1980. Note 2 - Inventories of appropriate domestic standard products are valued on the last -in, first.out (LIFO) method, and all other inventories are valued using the first -in, first -out (FIFO) method. The compositiol of inventories at June 30, 1981 and December 31, 1980, respectively, was as follows (in thousands): Raw materials and supplies $217,410 $208,848 Work in process 395,292 381,697 Finished goods 375,527 351,649 Total Inventory $988,229 $942,194 Mork in process inventories are after deducting customer progress payments of $103,374,000 at June 30, 1981 and $72,679,000 at December 31, 1980. Note 3 - The income of Ingersoll-Rand Financial Corporation, a wholly owned finance subsidy, is inlcuded in other income in the Comparative Income Statements and is summarized as follows (in thousands): Income from operations Interest expense Operating expenses Income before taxes on income Provision , r -income taxes Net incc.:- -5- Six Months Ended June 30 1981 1980 $ 2r,-ST9 $ 1T,-9-56 (13,856) (9,988) (4,725) (2,954) 6,928 4,994 2,800 2,120 $ $4 INGERSOLL-RAND COMPANY AND CONSOLIDATED SUBSIDIARIES MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS Second quarter sales were 18% higher than the same period of 1980. Sales of equipment for the oil and gas industries and international markets, particularly for construction machinery, in Latin America, Africa, and the Far East were strong while construction markets in the United States and Europe were weak. Inclusion of the Company's new Oilfield Products Group, acquired in the third quarter of 1980, accounted for approximately one-third of the total gain. Operating income increased by 17% as reported, but year-to-year ratio comparisons were unfavorably impacted by the effect of currency changes. "Other Income", as reported, was. also impacted by currency effects. A loss of $10.3 million in 1980 compares to a gain of $11.8 million in 1981, or an improvement of $22.1 million. The principal cause of this variance was the strengthening of.the dollar against foreign currencies and the related exchange transactions. Interest expense increased by 33%, the primary reason (for both the quarter and six months) being higher borrowing levels reflecting cash acquisitions and increasing operating requirements in 1980, although higher average interest rates were also a factor. For the six months to June 30, sales were up 17%, and operating income increased by 100. As in the second quarter, operating margins were unfavorably impacted by currency fluctuations. Net earnings as reported increased 50% second quarter to second quarter, reflecting in part the impact of a 270 per share special charge to net earnings for a divestiture in 1980. For the six months, reported earnings increased 22% to $76.0 million or $3.81 per share. The. Company's financial condition did not change materially during the first six months of 1981, as the current ratio and amount of net working capital were virtually unchanged at June 30 from December 31. .-� r•I O t0 r --I O coo t- M CO r -t .-i* •2 n � r-4 .-•� �D to N •C7 Oet •�t O O I O 1` t`w n n - C w E to w fOO w 'D 4s. co c oOr-1 1.11 0 fi4 Lm co e• -I r♦ !� r -i N N 4& Fbp1 _ Or M tJ f CO to O O 1` co r-i !S •-i O !� N O .-•� N UM O tX1 %C14cOn N JICOIO3, ti N o� •d n n - C w E to w u w 'D rn 4.2, co L r•i 1.11 0 fi4 Lm co e• -I r♦ !� r-1 N N i{} "1 *1%- m 1i m r♦ CO to O O 1` co of M CO �D !� N �J! �D N r.- 11.0O M N ill N !� ti N o� •d n n - C w E to w u w 'D rn 4.2, co L r•i 1.11 0 fi4 Lm co e• -I O 4f} ••i N N •-m { N "q N 46 "1 e51 t!1 Of %0 1,- N t!1 I.- too O M M CO �D r -I �D Q1 OD �D N O 01 co N LA !� e--1 • N ri �p CD W 1'4 O C O E to O u O r -I 'D rn 4.2, co as �•-+ O 64 M M .� M ••i N w d9' IviI 1019- V) w o •-+ w co it 4 ,f= to to a) V5 cc•c C O O tz' •.4 a R - 'C O ec •r+ e� y i to r -r 41 >. C z O r -I o a O r -I —4 ¢ o 4J w W 4a m O •••� A t~ a w fr, O u F .n cc a E b U �--� O (1) fA C +J v 0 O cc .a cc•r-+= a tc b to O s~ cc w it > 1n 4) ¢ cc 0. A& 4) u .sc O u U +J (!� O In r -I C 41 V) c W 1'4 O C O E to O u E a) 7 C' C O {+ N a) v cc V 1.4 .� C o 4) O 1n w •rr 1.+ •r4 rn H a) r+ a. a e �F z a) O co O ►-� .�0uu •••+ z 41 ..4 C to r -I w ¢ t•+ -C O. O W u .0 C 4x 4) cc w -o o co C N -r•I N C Q to > Mo E •. { � C •"4 c ^ •J ►-I •rr •fl. •r. C C C cC CO O. 1•+ w w (L) N E cc 41 cc co 1n wu oto 41 a w o .O O C O d C c� a) o > u z= z¢ 4.1 W V) w o •-+ w co it 4 ,f= to to a) V5 cc•c C O O tz' •.4 a R - 'C O ec •r+ e� y i to r -r 41 >. C z O r -I o a O r -I —4 ¢ o 4J w W 4a m O •••� A t~ a w fr, O u F .n cc a E b U �--� O (1) fA C +J v 0 O cc .a cc•r-+= a tc b to O s~ cc w it > 1n 4) ¢ cc 0. 4) 0 u O 00 (!� r -q C r -I C 1'4 co �o co •v O a a) 7 C' ,C to 4a N ttl h cn O N4-) •rr 1.+ •r4 rn O E 4) 4a 4) O •••+ E it O i-. :-� O cc CO w O u .0 C = O O. N I, H w 0 O O C ,. C N .c O o —4 41 s, E m E u O E> E w N it •r .O O C O d C O N E too u O u x O 4.1 W 7 C u 4) •.•i f. •rr 44 W 4J LO) to b O . tso O to od v, ao m " 1. •, N $-d •.-i •� cc +J a) E 4) a) E x C•O wtop O44.0>u E. 0 W > to¢0 ZL MNZ M 0 .J •� 4) •0 z¢ V) w o •-+ w co it 4 ,f= to to a) V5 cc•c C O O tz' •.4 a R - 'C O ec •r+ e� y i to r -r 41 >. C z O r -I o a O r -I —4 ¢ o 4J w W 4a m O •••� A t~ a w fr, O u F .n cc a E b U �--� O (1) fA C +J v 0 O cc .a cc•r-+= a tc b to O s~ cc w it > 1n 4) ¢ cc 0. INGERSOLL-RAND COMPANY AND CONSOLIDATED SUBSIDIARIES PART II OTHER INFORMATION ITEM 1. LEGAL PROCEEDINGS The Company is not a party to any litigation which would have a material adverse affect on its operations or financial condition. In addition to the statements set forth in the Company's Annual Report on Form 10-k for the year ended December 31, 1980 and the Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 1981, the Company and certain of its subsidiaries are presently subject to additional notices or orders of state or local authorities with respect to two plants- in two states pursuant to existing regulations regarding correction to alleged violation of water, air, health, or other environmental standards. In each instance, the Company or its appropriate subsidiaries believe they have taken corrective action or have submitted specified proposals with respect to the subject matters, no penalties or fines have been finally assessed by the authorities involved (except for two in the aggregate amount of $1,200.), and the Company presently regards itself as being in compliance with applicable environmental standards. Management estimates that the total cost of compliance, past and future, with respect to such notices or orders, will not exceed $712,000. The foregoing proceedings are not considered by the Company to be material to its business or financial condition and are reported herein because of the requirement of the Securities and Exchange Commission that any environmentally -related administrative or judicial proceedings by governmental authority shall be deemed material and be described herein. ITEM 7. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS At the Annual Meeting of Shareholders of the Company held on April 23, 1981, the shareholders voted on a shareholder proposal submitted to the Company.from the floor by the General Board of Pensions of the United Methodist Church. This resolution requested the Company's Board of Directors to agree to adopt or cause to be adopted the Sullivan Principles as corporate policy relative to Ingersoll-Rand South Africa. This resolution was not approved by the-'areholders. The total vote was 11,484 votes in favor of the resolution and 17,325,923 votes against, with more than a majority of the outstanding shares voting in the negative. -8 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the under -signed thereunto duly authorized. INGERSOLL-RAND COMPANY. Registrant Date August 13, 1981 Date August 13, 1981 ME C.H.o ey, Senior Vice rest ent & Chief Financial Officer T.F.c ri e, Vice President Comptroller 11 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY as follows: 1. That on the 10th day of September , 1981, the City Council of the City of Lubbock Texas, convened in$Liar session at its regular meeting place in the City Hall of said City; the duly constituted members of the Council being as follows: BILL McALISTER MAYOR ALAN HENRY ) M. J. ADERTON ) E. JACK BROWN ) COUNCILMEMBERS JOAN BAKER ) and all of said persons were present at said meeting, except the following: l;eAmong other business considered at said meeting, the attached resolution entitled: "A RESOLUTION Ng "he City Council of the City of Lubbock, Texas, ratifying, confirming and approving a 'Memorandum of Agreement' pertaining to the financing of an industrial development project between the Lubbock Industrial Development. Corporation and -Ingersoll-Rand Company." was introduced and submitted to the Council for passage and adoption.. After presentation and due consideration of the resolution, a motion was made byrn!1nniJM2Mthat the resolution be finally passed and adopted. -'"M motion was seconded by Mayor Pro Tem Alan BPnr3 and carried by the following vote: 5 voted "For" o_ voted "Against" n abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the Council was given actual notice of the time, place and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written -notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with. the provisions of Article 6252-17, Section 3A, V.A.T.C.S.. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 1.0th day . o f zeZt e��ses 1981. c (City Seals . LP City Secretary, C't Lubbock, Texas