Minutes of Board of Regents of Stephen F. Austin State University. 1970, Volume No. 4

              MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 4
OCTOBER 23, 1970
INDEX
Minutes of the Meeting of the Board of Regents of
Stephen F. Austin State University-held
in Nacogdoches, Texas
October 23, 1970
VOLUME NO. 4
Page
70-86 Faculty Appointments 4-2
70-87 Summer Faculty Appointments 4-3
70-88 Staff Appointments 44|.
70-89 Changes in Status 4-5
70-90 To Be Removed from Faculty-Staff List 4-8
70-91 Resignations 4-9
70-92 Retirement 4-9
70-93 Leave of Absence 4-10
7O-9U Returns from Leave 4-10
70-95 Approval of Curriculum Changes 4-10
70-96 Approval of Budget Appropriations 4-15
70-97 Approval of Bond Resolution 4-l£
70-98 Approval for Payment of Fees 4-32
70-99 Approval of Change Order No. 7 - Forestry, Music, 4-32
& Home Economics Buildings
70-100 Approval to Grant Right-of-Way Easements 4-32
70-101 Approval of Change Order No. 1 - Austin Plazas 4-32
70-102 Approval of Contract to Construct Biology 4-32
Greenhouse-Laboratory Building
70-103 Approval of Contract for a Central Mechanical 4-I4I
Controls System
70-10U Approval of Building Name 4-ii9
70-105 Appointment of a Special Committee 4-4|9
70-106 Decline of Offer by Fund Raising Organization 4-1+9
Minutes of the Meeting of the Board of Regents of
Stephen F. Austin State University
held in Nacogdoches, Texas
October 23, 1970
The meeting was called to order by R. E. McGee, Chairman of the Board
of Regents, at two o!clock p.m., October 23, 1970.
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. J. Harold Bates of Houston
Mrs. Lera Thomas of Houston
Mr. Douglas Bergman of Dallas
Mr. Walter Todd of Dallas
Mr. Roy Maness of Beaumont
Mr. Joe Bob Golden of Jasper
Mr. Sam Tanner of Longview
Mr. James I. Perkins of Rusk
Mr. C. G. Haas of Nacogdoches, Secretary
PRESENT: ■Dr. R. W. Steen, President of the University
Chairman McGee asked if there were any corrections to the Minutes of
the previous meeting and hearing none he declared they stood approved
as issued.
70-86
Upon motion of Regent Todd, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the following individuals be employed
for the positions, dates and salaries indicated.
1. Miss Janis Lorraine Wallbaum, 23, B. A. (Southeastern State College),
M. A. to be granted January 1971 (Oklahoma State University), Lecturer-
Instructor of Sociology at a salary rate of $7,500 for nine months,
effective Fall Semester 1970.
2. Mr. Ronald Eugene Anderson, 28, M. A. (University of Iowa) Instructor
of Music at a salary rate of $9,000 for nine months, effective Fall
Semester 1970.
3. Mr. John Michael Knight, 2li, M. A. (Stephen F. Austin State University),
Instructor of Psychology at a salary rate of $7,000 for nine months,
effective Fall Semester 1970.
Ii. Dr. Mary Hilton Appleberry, U9, Ed. D. (University of Houston),
Assistant Professor of Elementary Education at a salary rate of
$11,600 for nine months, effective Fall Semester 1970.
5. Mr. David Lee Petty, 33, M. A. (Texas Christian University), Instru
ctor of Sociology at a salary rate of $8,500 for nine months, effec
tive Fall Semester 1970.
6. Dr. Kenneth Hugh Price, 27, Ph.D. (University of Texas at Austin),
Assistant Professor of Mathematics at a salary rate of $11,000 for
nine months, effective Fall Semester 1970.
7. Mr. Ben Wayne Nicholson, 37, M.Ed. (Sam Houston State University),
Instructor of Health and Physical Education and Assistant Football
Coach at a salary rate of $10,275 for nine months, effective Fall
Semester 1970.
8. Mrs. Kathryn Dobbs Morris, 29, M.A. (University of Arkansas),
Instructor of English at a salary rate of $7,750 for nine months,
effective Fall Semester 1970.
9. Dr. Barbara Helen Barrett, 29, Ph.D. (Texas Woman's University),
Assistant Professor of Home Economics at a salary rate of $10,500
for nine months, effective Fall Semester 1970.
10. Mr. Albert Lee Moore, 26, M.S. (University of Illinois), Instructor
of Music at a salary rate of $9,000 for nine months, effective Fall
Semester 1970.
11. Mr. Algie Franklin Trussell, Jr., 30, M.S. (Texas A&M University),
Instructor in the Statistics Laboratory and Associate Director of
Data Processing Center at a salary rate of $15,000 for twelve months,
effective Fall Semester 1970.
4-2
12. Mrs* Ethelind Sigloch Gibson, 39, M.S. (Kansas State University),
Instructor of Home Economics (part-time) at a salary rate of $U,000
for nine months, effective Fall Semester 1970.
13. Mrs. Belva Jones Cooley, 23, M.B.A. (Texas Tech University), In
structor of Management at a salary rate of $8,000 for nine months,
effective Fall Semester 1970.
111. Mr. Michael P. Cone, 25, M.A. (Stephen F. Austin State University),
Instructor of Sociology at a salary rate of $7,000 for nine months,
effective Fall Semester 1970.
1J>. Mr. John W. Cooley, 23, M.B.A. (Lamar Technological College),
Instructor of Accounting at a salary rate of $8,000 for nine months,
effective Fall Semester 1970.
16. Mrs. Wynona M. Sowell, 52, M. A. (Stephen F. Austin State University),
Instructor of Sociology at a salary rate of $7,000 for nine months,
effective Fall Semester 1970.
17. Mrs. Vera Gabbert Graham, 37, M. Ed. (Northwestern State College),
Instructor of School Services at a salary rate of $8,500 for nine
months, effective January 12, 1971.
18. Mr. George Kennedy Stephenson, 63, M. F. (Yale School of Fcrestry),
Editor Forestry Publications (part-time) at a salary rate of $2,500
for nine months, effective Fall Semester 1970.
19. Dr. Krishnaswamy Kadambi, 62, Ph. D. (Munich University), Research
Technologist in Forestry at a salary rate of $10,[t00 for twelve
months, effective Fall Semester 1970.
70-87
Upon motion of Regent Bergman, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the following individuals be
employed for the positions, dates and salaries indicated.
1. Mr. Weldon Leroy Smith, 35, M.B.A. (East Texas State University),
Instructor of Business Administration at a salary rate of $1,500
for one and one-half months, effective June 1, 1970.
2. Dr. William Thomas Young, ill, Ph. D. (University of Iowa), Assistant
Professor of Music at a salary rate of $2,71*9.96 for three months,
effective June 1, 1970.
3. Mr. Robert E. Boudreaux, 29, M. Ed. (Louisiana State University),
Instructor of School Services at a salary rate of $3,000 for three
months, effective June 1, 1970.
i|. Dr. John Q. Hays, 61;, Ph. D. (University of California), Professor
of English at a salary rate of $2,1*16.67 for one and one-half months,
effective June 2i|, 1970. Dr. Hays partially filled the vacancy
created by the death of Dr. Goodson.
4-3
5. Mr. Ben Wayne Nicholson, 37, M. Ed. (Sam Houston State University),
Instructor of Health and Physical Education for Men at a salary rate
of $1,712.50 for one and one-half months, effective June 1, 1970.
Mr. Nicholson, Assistant Football Coach at a salary rate of $1,712.50
for one and one-half months, effective July 13, 1970.
6. Mr. William David Whitescarver, 29, M. A. (Sam Houston State University),
Instructor of English at a salary rate of $1,358.33 for one and one-half
months, effective June 2li, 1970. Mr. Whitescarver partially
filled the vacancy created by the death of Dr. Goodson.
7. Dr. Neal Houston, 1*2, Ph. D. (Texas Tech University), who is a
regular member of our faculty, Editor of the Self-Study Report at
a salary rate of $2,375 for one and one-half months, effective June
1, 1970.
70-88
Upon motion of Regent Maness, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the following individuals be employed
for the positions, dates and salaries indicated:
1. Mr. William Newton Jackson, 38, Supervisor of Stores in the Depart
ment of Biology, at a salary rate of $5,U00 for twelve months,
effective September 1, 1970.
2. Mrs. Mary Jo Linthicum, 1*2, B. S. (Stephen F. Austin State University),
Forestry Librarian at a salary rate of $875 for one and one-half months,
effective June 1, 1970.
3. Mr. Harold Huggins, 29, M. Ed., (Stephen F. Austin State University),
Manager of Vending Service, effective August 15, 1970, at a salary-rate
of $9,000 for twelve months.
!|. Mrs. Martha Barker Dickson, 35, B. A. (North Texas State University),
Administrative Secretary, Student Life, effective August 31, 1970, at
a salary rate of $l±,800 for twelve months.
5. Mr. Harvey L. Rayson, 22, B. S. (Stephen F. Austin State University),
Assistant Dean of Student Life, effective September 1, 1970, at a
salary rate of $5,1*00 for nine months.
6. Dr. S. D. Choi, 57, M. D. (Okayama University, Japan), Health Services
Physician, effective October 12, 1970, at a salary rate of $20,000
for twelve months.
7. Miss Alamita H. Musick, 1|7, M* Ed. (Stephen F. Austin State University),
Counselor in Guidance, effective September 1, 1970, at a salary rate
of $8,500 for twelve months.
8. Mr. Billy J. Click, 27, B. S. (Southwest Texas State University),
Systems Analyst, EDP Center, effective August 1, 1970, at a salary-rate
of $11,100 for twelve months.
4-4
70-89
Upon motion of Regent Perkins, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the following changes in status be accepted.
1. Reductions in rank and/or salary for the following individuals who
failed to complete their doctorates:
a. Mr. Ignacio M. Munoz from Associate Professor of Modern Languages
at a salary rate of $11,500 for nine months to Assistant Professor
of Modern Languages at a salary rate of $10,750 for nine months,
effective September 1, 1970.
b. Mr. James 0. Moses from Assistant Professor of Modern Languages
at a salary rate of $11,000 for nine months to a salary rate of
$10,500, effective September 1, 1970.
c. Mr. Richard C. Lower from Assistant Professor of Philosophy at
a salary rate of $10,500 to a salary rate of $9,900 for nine
months, effective September 1, 1970.
d. Mr. Carroll R. Schoenewolf, Assistant Professor of English,
from a salary rate of $10,500 to a salary rate of $9,900 for
nine months, effective September 1, 1970.
e. Mr. Allen Martin Richman, Assistant Professor of History, from
a salary rate of $11,200 to a salary rate of $10,500 for nine
months, effective September 1, 1970.
f. Mr. Jere Langdon Jackson, Assistant Professor of History, from
a salary rate of $10,500 to a salary rate of $9,500 for nine
months, effective September 1, 1970.
g. Mr. Carl L. Davis, Assistant Professor of History, from a salary-rate
of $10,900 to a salary rate of $10,000 for nine months,
effective September 1, 1970.
h. Mr. Harry Miller Solomon from Assistant Professor of English at
a salary rate of $10,500 to Instructor at a salary of $9,500 for
nine months, effective September 1, 1970.
i. Mrs. Marina M. Nickerson, Assistant Professor of Modern Languages,
from a salary rate of $10,500 to a salary rate of $9,500 for nine
months, effective September 1, 1970.
j. Mr. James Galen Dickson, Jr., Assistant Professor of Political
Science, from a salary rate of $11,000 to a salary rate of $10,000
for nine months, effective September 1, 1970.
2. Dr. Marvin B. Wade, Professor of Sociology, from full-time Faculty Research
at a salary rate of $2,U6.67 for the second summer term to full-time TSO
at a salary rate of $2,1*16.67 for the second summer term, effective July
10, 1970. Dr. Wade filled the vacancy created by Dr. Houseworth's
resignation.
4-5
3. Dr. Heinz Albert Gaylord, Assistant Professor of Psychology, from
full-time Faculty Research, at a salary rate of $1,833.33 for the
second summer term to full-time Faculty Research at a salary rate
of $1,833.33 for the first summer term, effective June 1, 1970.
J4. Mr. Charles K. Phillips, Instructor of Management, from part-time
TSO at a salary rate of $791.6? for the second summer term to full-time
TSO at a salary rate of $1,583-33 for the first summer term,
effective June 1, 1970. Change made to accommodate teaching load
in Department.
5. Mr. Milton Dudley Stewart, Assistant Professor of Economics, from
full-time TSO at a salary rate of $1,750 for the second summer
term to full-time TSO at a salary rate of $1,750 for the first
summer term, effective June 1, 1970. Change made to accommodate
teaching load in Department.
6. Dr. Dwane Russell, Professor of School Services and Director of
Continuing Education, from part-time TSO at a salary rate of
$2,333.33 for the summer session to full-time TSO at a salary rate
of $1|,666.66 for the summer session, effective June 1, 1970.
7. Mrs. Janice Sue Pattillo, Instructor of Elementary Education from
full-time TSO at a salary rate of $1,250 for the first summer term
to full-time TSO at a salary rate of $1,250 for the second summer
term, effective July 10, 1970. Change to accommodate teaching
load in the Department.
8. Dr. Harold M. Clements from Associate Professor of Sociology at
a salary rate of $2,000 for the second summer term to Associate
Professor and Head of the Department of Sociology at a salary rate
of $2,200 for the second summer term, effective July 10, 1970. Dr.
Clements assumed duties as Head of the Department at the beginning
of the second summer term.
9. Dr. Philip Rex Kleitz, Assistant Professor of English, from full-time
TSO second summer term at a salary rate of $1,862.50 to no
teaching duties. Dr. Kleitz requested to be relieved of teaching
the second summer term.
10. Mrs. Carolyn Stokes Foster, Instructor of English, from part-time
TSO at a salary rate of $3,750 for nine months to full-time TSO
at a salary rate of $7,800 for nine months, effective September 1,
1970. Change made to accommodate the teaching load in the Department,
11. Mrs. Judith Griffin Frye, Instructor of English, from part-time
TSO at a salary rate of $3,750 for nine months to full-time TSO
at a salary rate of $7,500 for nine months, effective September 1,
1970. Change made to accommodate teaching load in the Department.
4-6
12. Dr. Bernard-thomas Hartman from Professor of School Services to
Professor of School Services and Director of the Speech and Hearing
Clinic, effective July 15, 1970. He assumed administrative and
clinical responsibilities associated with operation of the Clinic.
13. Dr. Talib Ali Alhashimi, Associate Professor of Agriculture, from
a salary rate of $10,700 for nine months to a salary rate of $10,900
for nine months, effective September 1, 1970. Dr. Alhashimi com
pleted the Ed. D. Degree after submission of the original budget.
111. Dr. Roy Dean Alston, Assistant Professor of Mathematics, from a
salary rate of $10,650 for nine months to a salary rate of $11,000
for nine months, effective September 1, 1970. Dr. Alston completed
the Ph. D. Degree after submission of the original budget.
15. Dr. Robert L. Shepard, Assistant Professor of Mathematics, from a
salary rate of $10,650 for nine months to a salary rate of $11,000
for nine months, effective September 1, 1970. Dr. Shepard completed
the Ph. D. Degree after submission of the original budget.
16. Mrs. Susanna Sheffield Duncan, Instructor of English, from part-time
TSO at a salary rate of $5,850 for nine months to full-time
TSO at a salary rate of $7,800 for nine months, effective September
1, 1970. Change made to accommodate teaching load in Department.
17. Dr. Clyde L. Iglinsky, Associate Registrar for Admissions, from a
salary rate of $lli,700 for twelve months to a salary rate of $15,200
for twelve months, effective September 1, 1970. Change to adjust
inadequacy in salary.
18. Dr. Clyde L. Iglinsky, from Associate Registrar for Admissions at a
salary rate of $15,200 for twelve months to Director of Admissions
at a salary rate of $15,500 for twelve months, effective October 1,
1970. Dr. Iglinsky was appointed Director of Admissions upon the
death of Mr. S. W, McKewen who previously held the title of Registrar
and Director of Admissions.
19. Mr. C. W. Henry from Assistant to the Registrar at a salary rate
of $9,200 for twelve months to Assistant Registrar at a salary rate
of $9,750 for twelve months, effective October 1, 1970. Change made
due to reorganization in the Registrar's Office.
20. Mr. Eugene Roy Barbin from Assistant Director of Placement and Student
Financial Aid at a salary rate of $8,500 for twelve months to Registrar
at a salary rate of $11,000 for twelve months, effective October 1,
1970. Mr. Barbin fills the vacancy of Registrar created by the death
of Mr. S. W. McKewen.
4-7
21. Mrs. Eva Dunbar Bailey, part-time Instructor of Music, from a salary
rate of $900 for four and one-half months to a salary rate of $900
for nine months, effective September 1, 1970. Change to employ a
strings instructor for both semesters.
22. Mrs. Ernie F. Cox, Secretary, Self-Study, at a salary rate of $i|200
for twelve months, to Administrative Secretary, Student Life, at a
salary rate of $h500 for twelve months, effective July 6, 1970.
Self-Study was completed and Mrs". Gox accepted full-time employment
in the Student Life Office. " ^
23. Mr. Van P. Samford, Dean of Men to Associate Dean of Student Life,
effective September 1, 1970. Title change made to consolidate and
expand functions of the offices of the associate deans in order
that students might avail themselves of services without regard to
sex, which was not possible under the previous organization.
2U. Mrs. Ernestine H. Henry, Dean of Women, to Associate Dean of Student
Life, effective September 1, 1970. Title change made to consolidate
and expand functions of the offices of the associate deans in order
that students might avail themselves of services without regard to
sex, which was not possible under the previous organization.
25. Mr. Leonard L. Smith, Assistant Dean of Men, to Assistant Dean of
Student Life, effective September 1, 1970. Title change made to
consolidate and expand functions of the offices of the associate
deans in order that students might avail themselves of services
without regard to sex, which was not possible under the previous
organization.
26. Mr. Leroy Baker Pattillo, Jr., Placement and Student Aid, re
turned from leave of absence at a salary of $9,500 for twelve months,
effective September 1, 1970. Effective November 1, 1970, Mr.
Pattillofs salary will be raised to $10,500 for twelve months. For
the past two years Mr. Pattillo has been on leave of absence working
toward his doctoratej therefore it was felt that the salary should
be raised to a more acceptable level.
70-90
Upon motion of Regent Bergman, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following names be removed from the
faculty and staff-list:
1. Dr. William Lester Goodson, Assistant Professor of English, effective
June 2li, 1970. Dr. Goodson died June 23, 1970.
2. Mr. Stanford W. McKewen, Registrar and Director of Admissions,
effective September 17, 1970. Mr. McKewen died September 16, 1970.
4-8
70-91
Upon motion of Regent Bates, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the following resignations be accepted.
1. Mr. Floyd Martin Chaney, Instructor of Management, effective July
8, 1970. Mr. Chaney is accepting employment elsewhere.
2. Mr. Curtis Ray O'Neal, Instructor of Accounting, effective
August 7, 1970. Mr. O'Neal is accepting employment elsewhere.
3. Mr. Bob J. Beames, Assistant Professor of Journalism, effective
August 31, 1970. Mr. Beames accepted employment elsewhere.
li. Dr. Kenneth D. Morgan, Assistant Professor of Health and
Physical Education for Men, effective August 31, 1970. Dr.
Morgan resigned to accept employment elsewhere.
5. Mr. Milton C. Tieman, Supervisor of Stores, Department of
Biology, effective August 31. Mr. Tieman accepted employment
elsewhere.
6. Mr. Hugo Alphonse Walter, Assistant Special Collections Librarian,
effective December 31, 1970. Mr. Walter is resigning due to health
reasons-
7. Dr. Donald E. Houseworth, Assistant Professor and Acting Head of
the Department of Sociology, effective July 8, 1970, to accept
other employment.
8. Mr. Phillip Alexander Gallo, Assistant Professor of English,
effective May 31, 1971, to accept employment elsewhere.
9. Mrs. Peggy Wells Aurich, Administrative Secretary, Student Life,
effective July 6, 1970. Employee's husband was graduated and they
moved to Jacksonville, Texas.
10. Mrs. Ernie F. Cox, Administrative Secretary, Student Life,
effective August 31, 1970. Mrs. Cox moved to Lake Jackson, Texas.
11. Miss Pamela Jean Benson, Counselor, Guidance, effective August 31,
1970. Miss Benson is getting married.
70-92
Upon motion of Regent Maness, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the following retirement be accepted:
1. Mrs. Carolyn Sturdevant Miller, Instructor of Music, effective
August 31, 1970. Mrs. Miller retired after 20 years at Stephen
F. Austin.
4-9
70-93
Upon motion of Regent Bergman, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the following leave of absence be granted:
1. Mr. Jimmy Glenn Ledbetter, Instructor of School Services, for the
academic year 1970-71, in order that he may continue work on the
doctoral degree.
70- 9h
Upon motion of Regent Perkins, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following returns from leave be
accepted.
1. Mr. Byron Van Dover, Instructor of Biology, effective January 11,
1971. Mr. Van Dover will be returning from working on the Ph. D.
at the University of Texas in Austin.
2. Mrs. Carol Sue Atkins, Administrative Secretary to the Dean of the
School of Business, effective June 1, 1970. Mrs. Atkins had been
on a three-month maternity leave.
3« Mrs. Vera Elizabeth Wallace, Assistant Cataloger, Library, effective
September 1, 1970. Mrs. Wallace took three months leave during
the summer for personal reasons.
I|. Mrs. Gloria Ann Frye, Assistant Cataloger, Library, effective
September 1, 1970. During her leave Mrs. Frye completed require
ments for the M.L.S. Degree at North Texas State University.
5. Mrs. Willie Earl Reeder Tindall, Assistant Reference and Research
Librarian, Library, effective September 1, 1970. During her year's
leave, Mrs. Tindall completed her Master of Library Science Degree
at Texas Woman1s University.
6. Mr. George Kennedy Stephenson, Editor of Forestry Publications,
effective September 1, 1970. Mr. Stephenson was on leave for six
weeks in order that he might travel.
70-95
Upon motion of Regent Bates, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following curriculum items approved
by the University undergraduate and graduate curriculum committees be
approved?
COURSES ADDED? (Curriculum Committee)
Hours
Jepartment and Number Title Credit
History 30i; History of American Science 3
^History 1*31 History of Spanish Mexico (l£21-l8lO) 3
^History hk2 The Victorian Age (1837-1910) 3
^Speech and Hearing I4.7I ^ Advanced Measurement of Hearing 3
•»
-^Submitted for Graduate Credit also
4-10
COURSES ADDED: (Curriculum Committee) (continued)
Department and Number Title
School Services
Elementary Education 101
Elementary Education 201
Elementary Education 2l|l
Elementary Education
Elementary Education 1|!|2
Elementary Education 1*7 £
-^Secondary Education
Home Economics 230
Home Economics 2l|l
Home Economics 363
Home Economics i|l|2
Agriculture 2ipL
-^-Agriculture kkl
-^■Agriculture J46I
Chemistry 330
-^Chemistry I|li2
^Chemistry 163
---Chemistry 1*70
-^Biology IiO8
*Biology i;20
Physics 33li
Geology 3$h
-^Geology 1+50
Mathematics 312
General Business 338
General Business 3f>2
General Business 35U
General Business 355
General Business 362
General Business 363
---General Business Ii38
^General Business ii56
Office Administration
Economics 311
Management 372
Management 38O
---Management 1
---Management
Internship in Social and Rehabilitation
Services II
Elementary Education I
Elementary Education II
The Infant: Development and Behavior
(cross listed with Home Economics 2lil)
Corrective Reading
Administration of Preschool Programs
(cross listed with Home Economics
Special Problems
Teacher and the Law
Clothing: A Cultural Approach
The Infant: Development and Behavior
(cross listed with Elem. Education 2Ul)
Recent Developments in Textiles
Administration of Preschool Programs
(cross listed with Elem. Education UU2)
Horse Production
Cooperative Agri-business
Identification and Control of Crop Pests
Fundamentals of Organic Chemistry
Advanced Inorganic Chemistry Lab.
Biochemistry Laboratory
Seminar in Chemistry
Pathogenic Microbiology .
Virology
Modern Physics II
Elementary Field Geology-
Environmental Geology
Introduction to Algebraic Systems
Property and Estate Law
Advertising Principles
Retail and Wholesale Marketing
Consumer Purchasing and Motivation
Fundamentals of Life Insurance
Fundamentals of Property and Casualty
Insurance
Business Associations
Sales Management
Business Ed. in the Public Schools
Managerial Economics
Systems Theory-
Scientific Decision Making
Problems in Industrial Management
Problems in Personnel Management
Hours
Credit
1
2
3
3
3
3
3
3
3
3
3
3
3
3
h
1
1
1
3
3
3
2
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
-^Submitted for Graduate Credit also
4-11
COURSES ADDED.- . (Curriculum Committee) (continued)
Department and Number Title
Art 238
Art 300
Art 301
Art 302
*Art U01
*Art U39
*Art
*Art U
*Art U66
---Theatre
-^Theatre 1|28
^Theatre 1*35
^Theatre l|6l
Technical Illustration
Pictoral Composition
Three Dimensional Design
Advertising Design
Advanced Sculpture Studio
Oriental Art
Advanced Water Painting
Advanced Painting Studio
Seriography
Creative Dramatics
Advanced Directing
Stage Lighting, Theory and Techniques
Theatre History II
Hours
Credit
3
3
3
3
3
3
3
3
3
3
3
3
3
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
Office Admini
stration 561
Speech and
Hearing 231
-^Speech and
Hearing 1*30
^-Speech and
Hearing Ii32
-^Speech and
Hearing 1*38
Geology 220
Geology 3l*l
Geology 23U
ttGeology 231
^Geology 36O
Physics 233
General
Business 335
Office Admini
stration 239
Agriculture 133
Agriculture 3l*5
Title and Credit
Office Management 3
Voice and Diction 3
New
No.
Diagnostic Process in 330
Speech Pathology
Advanced Speech 1*31
Pathology
Advanced Clinical
Internship 1-3
Introduction to Miner
alogy and Crystallography J4
Petrology 3 21*2
Geomorphology 3 330
Introduction to l*6l
Paleontology 3
Marine Geology 3 i|80
Introduction to Modern 333
Physics 1*
Business Law 3
Advanced Shorthand
Field Crops
Soil Conservation 3
New Title and Credit
i*6l Office Management 3
230 Principles of Speech
Correction: Voice 3
Diagnostic Process in
Speech Pathology 3
Advanced Speech
Pathology 3
Advanced Clinical
Internship 1-3
Mineralogy and
Crystallography 3
Petrology 3
Geomorphology 3
Invertebrate
Paleontology 3
Marine Geology 3
Modern Physics I 1*
335 Introduction to Bus
iness Law 3
239 Advanced Shorthand and
Office Procedures 3
133 Agronomic Principles U
3U5 Agricultural Resource
Conservation 3
-^Submitted for Graduate Credit also
4-12
COURSES TO BE REVISED: (Curriculum Committee) (continued)
Elementary Reading and
Education 339 Language Arts 3
-^-Submitted for Graduate work also
COURSES TO BE DELETED: (Curriculum Committee)
New
No, New Title and Credit
22U Stage Scenery and
Lighting 3
225 Stage Costume and
Make-up 3
325 Advanced Advertising
Design
350 Primitive Art 3
LOO Sculpture Studio 3
ii57 Illustration
Techniques 3
U73 Advanced Illustration
Techniques 3
339 Language Arts in the
Elementary School 3
Department and Number
Speech and Hearing k39
Geology 1*60
Physics 108
Mathematics Itll
Management 261
Management J483 *
General Business 353
General Business 336
Office Administration 2ltl
Art 1|65
Art 151
Art 237
Art 253
Chemistry i;01
Chemistry l|02
Hours
Title and Credit Credit
Special Problems in Speech Pathology 3
Human Paleontology 3
Physics Problems 3
Introduction to Modern Algebra I 3
Human Relations in Business 3
Business and Industrial Psychology 3
Principles of Salesmanship 3
Business Law 3
Advanced Shorthand and Office Procedures 3
Fashion Illustration 3
Design and Color 3
Art in the Home 3
Advanced Design and Color 3
Current Chemical Literature 1
Current Chemical Literature 1
COURSES ADDED: (Graduate Council)
Department and Number
Forestry U6U
Forestry 689
Forestry 690
General Business
Geography 5
Title
Contemporary Problems in Forestry
Dissertation Research
Dissertation Writing
Marketing Management
Advanced Graduate Studies
Hours
Credit
variable
variable
3
3
4-13
COURSES ADDED: (Graduate Council) (continued)
Department and Number Title
Geology 575
HPE 562
HPE 575
Management 570
Secondary
Secondary-
Secondary
Secondary
Secondary
Secondary
Education 510
Education 51*0
Education 560
Education 563
Education 567
Education 573
Secondary Education
Theatre U30
Theatre U70
Forestry 587
Advanced Graduate Studies
Motor Learning
Advanced Graduate Studies
Management Problems in Industrial
Relations
Intellectual Conflicts in American Ed.
Secondary School Curriculum Theory
Visual Literacy
Analyzing Teacher Behavior
Student Activities in the Secondary School
Current Instructional Innovations in
Specific Secondary Subjects
Individualization of Instruction
History of Costume
History of the Movies
Seminar
Hours
Credit
3
3
3
3
3
3
3
3
3
3
3
3
3
1
.COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Forestry 1|53
Forestry U63
Geology 370
HPE 560
HPE 585
Office Admini
stration 561
Speech and
Hearing 533
Sociology 361
Sociology 3Ul
Theatre ii23
Theatre ii22
Speech and
Hearing 531
Title and Credit
Natural Woodland Com
munities I 3
Special Problems 1
Vertebrate
Paleontology h
Scientific Bases of Move
ment Education 3
Tests and Measurements in
New
No.
U53
U63
570
560
585
Health and Physical Education 3
Office Management 3 U6l
Research Seminar in Stutter- 537
ing and Related Functional
Speech Disorders 2
Industrial Sociology 3 U6l
Sociology of Religion 3 U62
Applied Play Production U23
to Theatre Projects 1-3
Theatre History 3 U60
Special Problems in Speech 536
Pathology
New Title and Credit
Environment and Natural
Resources I 3
Special Problems 1-3
Vertebrate
Paleontology k
Scientific Bases of
Movement 3
Tests and Measurements
in Physical Education 3
Office Management 3
Research Seminar in
Stuttering and Related
Functional Speech Dis
orders 2
Industrial Sociology 3
Sociology of Religion 3
Theatre Projects 1
Theatre History: Early 3
Speech and Hearing 536
Special Problems in
Speech Pathology
4-14
COURSES TO BE DELETED; (Graduate Council)
Department and
Number Title and Credit
Art 520 Art of the Twentieth Century 3
Forestry k^h Natural Woodland Communities II 3
70-96
Upon motion of Regent Bates, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following appropriations for 1970-71
budget adjustments be made:
Purpose Source
Fire Alarm Systems-Dormitories 17 and 19 Pledged Property
Surplus
Grounds Improvements Educational and
General Surplus
General Furniture and Equipment Fund Educational and
General Surplus
Engineering Services, Base Mapping Pledged Property
for Master Planning Surplus
Purchase of Additional Vending Machines Pledged Property
Surplus
The addition to the budget are to provide improvements which were not included
In the original budget. Funds for these purposes are available because balances
Drought forward from the previous fiscal year were larger than originally esti-nated,
thereby providing additional resources for these and other projects.
?O-97
Ipon motion of Regent Bergman, seconded by Regent Perkins, with all Regents
roting aye, it was ordered that the Bond Resolution for refunding the 1959
lousing System Bonds with the issuance of $1,500,000 of 1970 Series Building
Jse Fee Bonds be approved and that the Chairman of the Board be authorized
:o sign the resolution as follows:
CERTIFICATE FOR RESOLUTION AUTHORIZING THE
ISSUANCE OF BONDS
'HE STATE OF TEXAS jj
10UNTY OF NACOGDOCHES 5
We, the undersigned officers of the Board of Regents of Stephen F.
ustin State University, hereby certify as follows:
1. The Board of Regents of Stephen F. Austin State University
onvened in REGULAR MEETING ON THE 23RD DAY OF OCTOBER, 1970, at the regular
4-15
designated meeting place, and the roll was called of the duly constituted
officers and members of said Board, to-wit:
R. E. McGee, Chairman James I. Perkins
Joe Bob Golden, Vice Chairman Sam Tanner
J. Harold Bates Mrs. Lera Thomas
Douglas Bergman Walter C. Todd
Roy Maness C. G. Haas, Secretary
and all of said persons were present, except the following absentees: None ,
thus constituting a quorum. Whereupon, among other business, the following was
transacted at said Meeting: a written
RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS
was duly introduced for the consideration of said Board and read in full. It
was then duly moved and seconded that said Resolution be adopted; and, after
due discussion, said motion, carrying with it the adoption of said Resolution,
prevailed and carried by the following vote:
AYES: All members of said Board shown present
above voted MAye.M
NOES: None.
2. That a true, full and correct copy of the aforesaid Resolution
adopted at the Meeting described in the above and foregoing paragraph is attached
to and follows this Certificate; that said Resolution has been duly recorded in
said Board1s minutes of said Meeting; that the above and foregoing paragraph
is a true, full and correct excerpt from said Board's minutes of said Meeting
pertaining to the adoption of said Resolution; that the persons named in the
above and foregoing paragraph are the duly chosen, qualified, and acting officers
and members of said Board as indicated therein; that each of the officers and
members of said Board was duly and sufficiently notified, officially and per
sonally, in advance, of the time, place and purpose of the aforesaid Meeting;
and that said Resolution would be introduced and considered for adoption at
said Meeting; and that said Meeting was open to the public, as required by law;
and that public notice of the time, place, and purpose of said meeting was given
as required by Chapter 227, Acts of the 6lst Legislature, Regular Session, 1969o
SIGNED AND SEALED this the 23 day of Oct., 1970.
/s/ C. G. Haas /s/ R. E. McGee
Secretary Chairman
(SEAL)
A RESOLUTION
BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN
STATE UNIVERSITY AUTHORIZING THE ISSUANCE OF
BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE
UNIVERSITY BUILDING REFUNDING REVENUE BONDS
OF 1970, IN THE AGGREGATE PRINCIPAL AMOUNT
4-16
OF $1,500,000, BEARING INTEREST AT THE
RATES HEREINAFTER SET FORTH TO PROVIDE
FUNDS TO REFUND A LIKE AMOUNT OF BOARD OF
REGENTS OF THE STATE TEACHERS1 COLLEGES,
. STEPHEN F. AUSTIN STATE COLLEGE BUILDING
REVENUE BONDS, SERIES 1959; PROVIDING THAT
THE BONDS SHALL BE ON A PARITY WITH BOARD
OF REGENTS, STATE SENIOR COLLEGES, STEPHEN
F. AUSTIN STATE COLLEGE BUILDING USE FEE RE
VENUE BONDS OF 1968, AND THAT THE BONDS
HEREIN AUTHORIZED TOGETHER WITH SAID OUT
STANDING BONDS WILL BE SECURED BY A FIRST
LIEN ON AND PLEDGE OF THE BUILDING USE FEE
AS HEREIN DESCRIBED, PRESCRIBING THE FORM
OF BONDS, PROVIDING FOR THE EXECUTION AND
EXCHANGE OF SAID BONDS FOR THE UNDERLYING
BONDS, PRESCRIBING THE DUTIES OF THE OFFI
CERS OF SAID BOARD AND OF THE UNIVERSITY
IN REFERENCE TO SAID BONDS, AND STIPULATING
THAT THE BONDS SHALL BE SPECIAL OBLIGATIONS
OF THE BOARD PAYABLE ONLY FROM THE PLEDGED
REVENUES, AND PRESCRIBING OTHER MATTERS RE
LATING THERETO.
WHEREAS, pursuant to applicable laws, the Board of Regents, State
Senior Colleges, (former governing board of Stephen F. Austin State College,
the former name of "Stephen F. Austin State University") authorizing the
issuance and sold its Board of Regents, State Senior Colleges, Stephen F. Austin
State College Building Use Fee Revenue Bonds of 1968, in the aggregate principal
amount of $1,000,000, for the purpose of paying a portion of the cost of con
structing and equipping a Liberal Arts Classroom Building on the campus of
Stephen F. Austin State College, Nacogdoches, Texas, all in accordance with a
resolution authorizing said bonds adopted by the Board of Regents, State Senior
Colleges on May 10, 1968 (herein defined as the "Outstanding Bonds"); and
WHEREAS, also pursuant to applicable laws the Board of Regents,
State Teachers Colleges heretofore authorized and issued on behalf of Stephen
F. Austin State College revenue bonds in the aggregate principal amount of
$1,955,000, entitled Board of Regents, State Teachers Colleges, Stephen F.
Austin State College Building Revenue Bonds, Series 1959;" and
WHEREAS, pursuant to applicable laws, including Article 29O9c-3
of Vernon's Edition of the 1925 Revised Civil Statutes of Texas, as amended,
and said resolution authorizing the Outstanding Bonds, the Board is authorized
to issue refunding bonds on a parity with the Outstanding Bonds; and
WHEREAS, it is deemed by the Board to be desirable, appropriate,
necessary and for the good of Stephen F. Austin State University to issue
negotiable revenue bonds on a parity with the Outstanding Bonds for the
purpose of providing funds to refund all the said Series 1959 Bonds remaining
outstanding; and
WHEREAS, prior to the refunding of the said Series 1959 Bonds, the
3oard proposes to pay certain of said Series 1959 Bonds aggregating in principal
4-17
amount $8b,000, to-wit: $22,000 bearing interest at 3j% per annum, and $61^,000
bearing interest at % per annum, with the result that there will remain out
standing at the time of such refunding, Series 1959 Bonds in the aggregate
principal amount of $1,£00,000.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F
AUSTIN STATE UNIVERSITY:
1. That for the purpose of refunding a like amount of Board of
Regents of the State Teachers' Colleges, Stephen F. Austin State College
Building Revenue Bonds, Series 1959, there shall be issued the negotiable
bonds of the Board of Regents of Stephen F. Austin State University (formerly
named Stephen F. Austin State College) in the aggregate principal amount of
$1,500,000, which shall be entitled "Board of Regents of Stephen F. Austin
State University Building Refunding Revenue Bonds of 1970," and said bonds
shall be and are hereby issued for the same purpose, secured and payable in
the same manner, and are of like tenor and effect except as to serial number,
interest rate and maturity.
2. That said bonds shall be dated July 1, 1970, shall be numbered
consecutively from One (l) through Three Hundred (300), in the denomination
of $5,000 each, and shall mature serially on June 1 of each of the years
and in the amounts, respectively, as follows:
3. That said Board of Regents reserves the right and option to re
deem such bonds prior to their scheduled maturities, in whole or in part, on
any interest payment date at par and accrued interest to date of redemption,
plus a premium for each bond of 1%. Notice of redemption is to be published
in a financial publication published in the English language in the City of
New York, New York, or in the City of Austin, Texas, at least once, not less
than thirty (30) days before the date fixed for such payment, and thirty (30)
daysf notice in writing is to be given to the Places of Payment before the
date so fixed for such redemption. Prior to the date fixed for redemption,
funds shall be placed in the Places of Payment sufficient to pay the bonds
called, the accrued interest and the premium thereon. Upon the happening of
the above conditions said bonds thus called shall not thereafter bear interest.
i|. That the said bonds scheduled to mature during the years,
respectively, set forth below shall bear interest from their date, until
maturity or redemption, at the following rates per annum, to-wit1
all bonds scheduled to mature during
the years 1971 through 197k — 3.^0$ per annum;
all bonds scheduled to mature during
the years 1975.through 1982 £.00$ per annumj
4-18
with said interest to be evidenced by interest coupons payable on the 1st day
of December, 1970, and semi-annually thereafter on each June 1 and December 1.
5. That the principal of and interest on said bonds shall be
payable in any lawful money of the United States of America, without exchange
or collection charges to the bearer, upon presentation and surrender of proper
bond or coupon at The Stone Fort National Bank of Nacogdoches, Nacogdoches,
Texas, or, at the option of the holder at the Chemical Bank, New York, New
York (herein collectively called the "Places of Payment"), which places shall
be the paying agents for said bonds*
6. That no one of said bonds shall be entitled to priority over
any other bond of this issue in the application of the revenues hereinafter
pledged to the payment of principal of and interest on the bonds, except as
to maturity and interest rate, as provided in this resolution, regardless of
the fact that some of the bonds may be delivered prior to the delivery of
other bonds of the issue, it being the intent of this resolution that all
bonds of this issue shall rank equally.
7. That each of said bonds and interest coupons shall be signed
by the imprinted or lithographed facsimile signature of the Chairman of
the Board of Regents and countersigned by the imprinted or lithographed
facsimile signature of the Secretary of the Board of Regents, and the of
ficial seal of said Board shall be impressed, or printed, or lithographed
oil each of said bonds.
8. That the form of said bonds, including the form of Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to
be printed and endorsed on each bond, and the form of the interest coupons
to be attached to said bonds, shall be, respectively, substantially as
follows s
N0- $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE
UNIVERSITY BUILDING REFUNDING REVENUE BOND OF 1970
The Board of Regents of Stephen F. Austin State University (herein
called the "Board") for value received, hereby promises to pay to bearer,
on the 1st day of June 19 , but solely from the revenues hereinafter
specified, the principal sum of
FIVE THOUSAND DOLLARS
and to pay interest thereon from the date hereof at the rate of per
cent ( %) Per annum, payable December 1, 1970, and semi-annually there-after
on June 1 and December 1 in each year, until the principal sum shall
be paid or duly provided for, but until maturity hereof only upon presentation
and surrender of the interest coupons hereto appertaining as they severally
become due. Both the principal of and interest on this bond shall be payable
4-19
in lawful money of the United States of America at The Stone Fort National
Bank of Nacogdoches, Nacogdoches, Texas, or at the option of the holder, at
the Chemical Bank, New York, New York (herein collectively called the MPlaces
of Payment"), without exchange or collection charges to the owner or holder
hereof.
This bond is one of a duly authorized series of bonds of like
tenor and effect except as to serial number, rate of interest, and maturity,
numbered One (l) through Three Hundred (300), in the denomination of Five
Thousand Dollars ($5,000), issued pursuant to a resolution adopted by the
Board of Regents of Stephen F. Austin State University for the purpose of
refunding a like amount of Board of Regents of the State Teachers ' Colleges,
Stephen F. Austin College Building Revenue Bonds, Series 1959.
The date of this bond, in accordance with the resolution is
July 1, 1970.
The bonds of this series are issued under the laws of the State
of Texas, and together with Board of Regents, State Senior Colleges, Stephen
F. Austin State College Building Use Fee Revenue Bonds of 1968, are equally
and ratably secured by and are payable both as to principal and interest
from a first lien on and pledge of the gross proceeds of the Building Use
Fee levied and collected from all students in regular attendance at Stephen
F. Austin State University (formerly Stephen F. Austin State College) for
the use and availability of the Liberal Arts Classroom Building, as pro
vided in the resolutions authorizing the issuance of said 1968 Bonds and
the series of Bonds of which this is one. This bond and the issue of which
it is a part, and the interest thereon constitute special obligations of
the Board and are payable solely from such revenues and do not constitute an
indebtedness of the State of Texas, the Board or Stephen F. Austin State
University. The holder hereof and of the coupons attached hereto shall never
have the right to demand payment of this bond or of such coupons out of any
funds raised or to be raised by taxation.
The Board shall have the option of calling said bonds for re
demption prior to maturity, in whole or in part, on any interest payment
date at par and accrued interest to date of redemption, plus a premium for
each bond of 1%. Notice of redemption is to be published in a financial
publication published in the English language in the City of New York,
New York, or in the City of Austin, Texas, at least once, not less than
thirty (30) days before the date fixed for such payment, and thirty (30)
daysr notice in writing is to be given to the Places of Payment before the
date so fixed for such redemption. Prior to the date fixed for redemption,
funds shall be placed in the Places of Payment sufficient to pay the bonds
called, the accrued interest and the premium thereon. Upon the happening
of the above conditions said bonds thus called shall not thereafter bear
interest.
This bond and the interest coupons attached hereto are and shall
be negotiable instruments in accordance with the laws of the State of Texas,
and shall be transferable by delivery.
4-20
The Board reserves the right to issue additional parity revenue
bonds under the terms and conditions stated in the resolution, and said
additional bonds may be made payable from the same source, secured in
the same manner, and placed on a parity with the bonds herein authorized.
It is hereby certified and recited that all acts, conditions and
things required to be done precedent to and in the issuance of this
bond, and the series of which it is a part, have been properly done, have
happened and have been performed in regular and due time, form and manner
as required by the Constitution and laws of the State of Texas and the
proceedings hereinabove mentioned; and that this bond does not exceed any
Constitutional or statutory provision; and that provision has been made
for the payment of principal and interest on this bond, and the series of
which it is a part, by an irrevocable pledge of the revenues specified
herein.
IN TESTIMONY WHEREOF, the Board of Regents of Stephen F. Austin
State University has caused the corporate seal of said Board to be
impressed, printed or lithographed hereon and has caused this bond and
the interest coupons attached hereto to be executed by the imprinted
facsimile signatures of the Chairman of the Board and the Secretary of
the Board.
BOARD OF REGENTS OF STEPHEN
F. AUSTIN STATE UNIVERSITY
By
Chairman
ATTEST:
Secretary
NO. $
On the first day of __^ > 19 , upon surrender of
this coupon, unless the bond to which this coupon is attached shall have
been previously called for redemption and payment duly provided therefor,
the Board of Regents of Stephen F. Austin State University will pay to
bearer at The Stone Fort National Bank of Nacogdoches, Nacogdoches,
Texas, or, at the option of the holder at the Chemical Bank, New York,
New York, but solely from the revenues specified in the bond to which
this coupon is attached, the sum of
Dollars ($ ), in lawful money of the United States of America,
without exchange or collection charges to the owner or holder hereof,
being six months1 interest then due on its Board of Regents of Stephen
F. Austin State University Building Refunding Revenue Bonds of 1970, dated
July 1, 1970, numbered .
BOARD OF REGENTS OF STEPHEN
F. AUSTIN STATE UNIVERSITY
Secretary Chairman
4-21
OFFICE OF COMPTROLLER :
REGISTER NO.
STATE OF TEXAS r
I HEREBY CERTIFY that there is on file and of record in my office
a certificate of the Attorney General of the State of Texas to the effect
that this bond has been examined by him as required by law, and that he
finds that it has been issued in conformity with the Constitution and laws
of the State of Texas, and that it is a valid and binding special obligation
of said Board of Regents cf Stephen F. Austin State University, payable
from the revenues pledged to its payment by and in the resolution author
izing same, and said bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas,
Comptroller of Public Accounts of
the State of Texas
(SEAL)
9. That in addition to the definitions of terms set out in
Section 9 of the 1968 Resolution, throughout this resolution the follow
ing terms shall have the meanings set forth below, unless the text
hereof specifically indicates otherwise, to-wit:
(a) The term "Board" and/or "Board of Regents" in the follow
ing Sections of this resolution shall mean the Board of Regents of
Stephen F. Austin State University.
(b) The term "Interest and Redemption Fund" shall mean the
Building Use Fee Revenue Bonds Interest and Redemption Fund established
by the 1968 Resolution.
(c) The term "Liberal Arts Classroom Building" shall mean the
existing building known by such name on the campus of the University.
(d) The term "Outstanding Bonds" shall mean the outstanding
bonds of that issue of Board of Regents of State Senior Colleges, Stephen
F. Austin State College Building Use Fee Revenue Bonds of 1968; authorized
by the 1968 Resolution. j
(e) The term "1968 Resolution" shall mean the resolution
adopted on May 10, 1968, by the Board of Regents, State Teachers
Colleges, which authorized the issuance and sale of the Outstanding
Bonds.
(f) The term "University" shall mean Stephen F. Austin State
University (formerly Stephen F. Austin State College), Nacogdoches, Texas.
10. That the Board of Regents of Stephen F. Austin State University
Building Refunding Revenue Bonds of 1970 (the "1970 Bonds") authorized
hereby are parity "Additional Bonds" as the term is defined and as permitted
to be issued in the 1968 Resolution, and Sections 9 through 2\\ of the 1968
Resolution are hereby adopted by reference, are hereby attached hereto as
4-22
Exhibit A, and shall be applicable to the 1970 Bonds for all purposes, except
to the extent herein specifically modified and supplemented. Both the Out
standing Bonds and the 1970 Bonds shall be on a parity and of equal dignity
in all respects.
11. That the principal of and the interest on the 1970 Bonds and
the Outstanding Bonds are and shall be secured by and payable from a first
lien on and pledge of the gross proceeds of the Building Use Fee levied
and collected from all students in regular attendance at Stephen F. Austin
State University for the use and availability of the Liberal Arts Classroom
Building. Such revenues are hereby irrevocably pledged to the payment of
the OutstandingBonds, the 1970 Bonds, and any Additional Bonds hereafter
issued in accordance with the terms of the 1968 Resolution, until all of the
Outstanding Bonds, the 1970 Bonds and said Additional Bonds are retired.
12. (a) That on or before the date of exchange of the 1970 Bonds
for the bonds being refunded thereby, the Board shall cause to be deposited
from lawfully available funds, (l) into the Student Fee Bond $76,800, and
(2) into the Interest and Redemption Fund, an amount equal to the accrued
interest on the 1970 Bonds to the date of exchange.
(b) That so long as any of the 1970 Bonds remains out
standing and unpaid, in addition to all other amounts required by the 1968
'Resolution to be deposited in the Interest and Redemption Fund, the Board
shall transfer or cause to be transferred from the Building Use Fee Fund
established in the 1968 Resolution, the following:
(1) On or before the 30th day of November, 1970, into the Interest
and Redemption Fund an amount which when added to the balance therein will
equal the installment of interest due on the 1970 Bonds on December 1, 1970;
(2) On or before the 31st day of May, 1971, and on or before the
30th day of each November and the 31st day of each May thereafter into the
Interest and Redemption Fund an amount equal to the principal and/or
interest payments coming due on the 1970 Bonds on each succeeding interest
payment date;
(3) On or before the 31st day of May, 1971, and on ar before the
31st day of each May thereafter into the Reserve Fund created by the 1968
Resolution for the benefit of said Outstanding Bonds and all Additional
Bonds, not less than $i;0,000 until there shall be accumulated in the Reserve
Fund the total amount of $160,000. No deposits shall be required to be made
into the Reserve Fund so long as it contains said total amount, but if on
any occasion said total amount should be reduced or depleted for any reason,
then the annual deposits required by the 1968 Resolution, and this resolution,
shall be resumed until the funds in the Reserve Fund shall have been restored
to said total amount.
13o That the Board of Regents will continuously maintain the
Building Use Fee at a rate sufficient to permit the payment of the amounts
required in the 1968 Resolution for insuring the Liberal Arts Classroom
Building, the payment of the principal of and interest on the Outstanding
4-23
Bonds and the 1970 Bonds herein authorized as such principal and interest
mature and to establish $nd maintain the debt service reserve as specified
in the 1968 Resolution and this resolution, and said Fee shall be revised
from time to time in order that the proceeds thereof will be sufficient to
furnish funds for said purposes. Until changed as required or permitted by
the terms of this Section, the Building Use Fee is hereby re-established
and shall be maintained at the following rates beginning with the Spring
Semester of 1971, to-wit:
$13.00 per student for each Fall and Spring Semester;
and
$ 6.50 per student for each six weeks summer term.
111. That the holder or holders of the 1970 Bonds herein authorized
shall never have the right to demand payment of said obligations out of
any funds raised or to be raised by taxation.
15• That after said bonds shall have been executed, it shall be
the duty of the Chairman of the Board or some officer of the Board acting
under authority from him to deliver said bonds to the Attorney General of
Texas, for examination and approval by the Attorney General. After said
bonds shall have been approved by the Attorney General, they shall be
delivered to the Comptroller of Public Accounts of the State of Texas for
registration. Upon registration of the bonds, the Comptroller of Public
Accounts (or a deputy designated in writing to act for the Comptroller)
shall manually sign the Comptroller's certificate or registration prescribed
herein to be printed on the back of each bond, and the seal of said Comp
troller shall be affixed to each of said bonds.
16. The 1970 Bonds are and shall be issued for the purpose of
refunding certain bonds in the denomination of $1,000 each (aggregating
$1,500,000 in principal amount) of that issue of Board of Regents of the
State Teachers1 Colleges, Stephen F. Austin State College Building Revenue
Bonds, Series 1959, dated January 1, 1959. The Comptroller of Public
Accounts shall deliver the 1970 Bonds in exchange for, and upon surrender
and cancellation of, the aforesaid bonds being refunded thereby. Said
delivery shall be made in one installment upon surrender and cancellation
of the aforesaid bonds being refunded thereby. In addition to all other
rights, the holder or holders of the 1970 Bonds shall be subrogated to all
of the rights of the holder or holders of said bonds being refunded thereby.
Exhibit A
Section 9. Definition of Terms. That throughout this Resolution
the following terms as used herein shall have the meanings set forth below,
unless the text hereof specifically indicates otherwise:
(a) The term flBoardl!and/or "Board of Regents'1 shall mean the
Board of Regents, State Senior Colleges.
(b) The term "College" shall mean Stephen F. Austin State
College at Nacogdoches, Texas.
4-24
(c) The term "Bonds" shall mean the $1,000,003Board of Regents,
State Senior Colleges, Stephen F. Austin State College Building Use Fee
Revenue Bonds of 1968, issued hereunder.
(d) The term "Project11 shall mean the Liberal Arts Classroom
Building to be constructed and equipped on the campus of the College
partially with the proceeds of the Bonds.
(e) The term "Building Use Fee" shall mean the fee to be
charged each student enrolled in the College, as hereinafter provided,
for the use and availability of the Liberal Arts Classroom Building.
(f) The term "Additional Bonds" shall mean the additional
parity revenue bonds which the Board has the right to issue under the
terms and conditions stated in this Resolution.
(g) The term "revenues" shall mean the gross proceeds of the
Building Use Fee.
Section 10. That there is hereby created and established the Build
ing Use Fee Fund, which Fund shall be held in the custody of the Board,
separate and apart from all other funds, and shall be maintained so long
as any of the Bonds or additional bonds are outstanding, in a depository
bank which is a member of the Federal Deposit Insurance Corporation. The
Board covenants and agrees that it will so long as any of the Bonds, or
any part of the principal of or interest thereon, remain outstanding and
unpaid, levy, charge and collect from each student in regular attendance
at the College a Building Use Fee for the use and availability of the
Liberal Arts Classroom Building in amounts as shall be fully sufficient
at all times to pay the principal and interest on the Bonds as same be
comes due, to establish a reserve therefor, and to pay for the cost of
properly insuring the Liberal Arts Building, as authorized by Article 2909c,
Vernonfs Revised Civil Statutes of Texas, 1925, as amended. That there is
hereby levied against and there shall be collected from each and every
student in regular attendance at Stephen F. Austin State College, Nacog-doches,
Texas, beginning with the Summer Session, 1968, a Building Use
Fee of Five Dollars ($5.00) per semester of the regular session, and Two
Dollars and Fifty Cents ($2.50) per term of the summer session; and for
each succeeding year thereafter while any part of the principal of or
interest on the Bonds remain outstanding and unpaid, said Building Use
Fee of Five Dollars ($5.00) per semester of the regular session and Two
Dollars and Fifty Cents ($2.3>O) per term of the summer session, or so
much thereof, or so much in addition thereto, as shall be necessary to
pay the current principal and interest requirements on the Bonds, to
provide a reserve for such purpose, and to pay the cost of properly in
suring the Liberal Arts Classroom Building, shall be charged and collected
and deposited in the Building Use Fee Fund.
That such Building Use Fee is hereby found to be reasonable
and adequate, taking into consideration the cost of providing facilities
and services afforded by the Liberal Arts Classroom Building, the use
to be made of them, and the advantages to be derived therefrom by the
4-25
users thereof and by the College; and such Building Use Fee shall take
effect as herein provided and remain in force and effect until and unless
changed by order of the Board, which reserves the right land covenants to
alter said Building Use Fee as and when considered by it necessary in order
to pay the cost of insuring the Liberal Arts Classroom Building and to pay
the current principal and interest requirements on the Bonds and provide
a reserve for such purpose. The Board further covenants and agrees that
it will at all times exert its best efforts to enforce the prompt collec
tion and proper application of said Building Use Fee.
Section 11. That there is hereby created and established the
Building Use Fee Revenue Bonds of 1968 Interest and Redemption Fund
(herein sometimes referred to as the "Interest and Redemption Fund"),
which Fund shall be held in the custody of the Board, separate and apart
from all other funds of the College, and shall be maintained so long as
any of the Bonds or additional bonds are outstanding, in a depository
bank which is a member of the Federal Deposit Insurance Corporation. Con
currently with the delivery of the Bonds to the purchasers, the Board shall
deposit to the credit of the Interest and Redemption Fund so much of the
proceeds of the sale of the Bonds as represents accrued interest and any
premium received therefrom. Thereafter, the Board shall transfer from the
Building Use Fee Fund to the credit of the Interest and Redemption Fund
the following amounts:
1. On or before November 30, 1968, an amount of money which
when added to the balance then in the Interest and Re
demption Fund shall be at least equal to the interest
payment due on December 1, 1968;
2. On or before each May 31 and November 30 thereafter to
and including November 30, 1972, an amount of money at
least equal to the interest payments due on each succeed
ing June 1 and December Ij
3. On or before each May 31 and November 30 thereafter while
any of the Bonds, or parity bonds, remain outstanding, an
amount of money at least equal to the principal and/or
interest payments due on each succeeding June 1 and
December lj
li. On or before May 31, 1969 and each May 31 thereafter,
not less than $19,000 until there shall be accumulated
on or before May 31, 1972, not less than $76,000, which
sum shall be maintained as a debt service reserve in
the Interest and Redemption Fund in excess of current
principal and interest requirements.
Section 12. It shall be the duty of the Business Manager of the
College to make available at the Places of Payment, but solely from the
Interest and Redemption Fund, money sufficient to pay the interest on and
principal of the Bonds, as will accrue or mature on June 1 or December 1.
4-26
Monies on deposit in the Interest and Redemption Fund may, at the
option of the Board, be invested in direct obligations of the United States
Government, or obligations unconditionally guaranteed by the United States
Government. Such obligations shall be held subject to the same lien as the
monies with which they were purchased. All interest accruing on any such
investments shall be placed as received into the Interest and Redemption
Fund. Such investments may be sold from time to time but in all events
shall be sold when necessary to prevent a default in connection with the
Bonds.
Section 13. That the principal of and the interest on the Bonds
shall be secured by and payable from a first lien on and pledge of the gross
proceeds of the Building Use Fee, and said first lien on and pledge of said
revenues are hereby irrevocably created and made according to the terms of
this Resolution, and said Board, its officers and employees, shall execute,
perform and carry out the terms thereof in strict conformity with the pro
visions of this Resolution.
Section Ik. That the Bonds and the interest thereon shall con
stitute special obligations of the Board, payable solely from the gross
proceeds of the Building Use Fee, and shall not constitute an indebtedness
of the State of Texas or Stephen F. Austin State College.
Section 1$. That so long as any Bonds are outstanding, the money
in the Interest and Redemption Fund shall be used solely for the purpose
of paying principal of and interest on such Bonds as such principal and
interest matures and accrues, and all money required to be paid into the
debt service reserve of the Interest and Redemption Fund shall be held in
said Fund as a reserve for contingencies and shall be used solely for the
payment of principal of and interest on the Bonds due at any time as to which
there would otherwise be a default,- provided, however, that when there is
in the Interest and Redemption Fund, including the reserve, a total amount
fully^sufficient'to pay all interest on and principal of the Bonds, and
additional bonds, due and to become due thereafter, no further sums need
be paid into said Fund.
Section 16. The money in the Interest and Redemption Fund shall
be secured by the pledge of direct obligations of, or obligations uncon
ditionally guaranteed by, the United States Government, in a principal amount
at all times not less than the amount of money credited to such Fund.
Section 17. That the Board reserves and shall have the right to
issue one or more series of Additional Bonds to finance the construction
or acquisition of additional facilities, or to refund indebtedness previously
incurred to finance the construction ot acquisition of such additional
facilities, to be secured by and payable from liens on all the revenues
pledged to the payment of the Bonds in the same manner and to the same
extent as the Bonds, and the Additional Bonds, when issued, shall be payable
from the gross revenues of the Building Use Fee and shall be in all respects
of equal dignity and on a parity with the Bonds, provided in each instance.
that.0
4-27
1- The Board shall not at the time be in default as to any
covenant, condition or obligation prescribed in the Bond
Resolution.
2. The pledged revenues for the fiscal year or twelve-month
period next preceding the issuance of the Additional
Bonds are certified by the State Auditor, or by a Cer
tified Public Accountant employed by the College, to have
been equal to at least 1.25> times the average annual
requirements of principal and interest on all parity
bonds then outstanding and payable from the revenues of
the Building Use Fee.
3- That the estimated pledged revenues for future years
shall be equal to at least 1,25 times the average annual
debt service requirements for principal and interest on
all parity bonds then outstanding and on the additional
parity bonds to be issued, such estimate to be made by
the Senior Financial Officer of the College and approved
by the President of the College and by the Board of
Regents.
Section 18, The Board covenants and agrees that in the event
Additional Bonds are issued on a parity with the Bonds, the Bond Re
solution or Resolutions authorizing the issuance of such Additional
Bonds shall provide (i) for an identical FLOW OF FUNDS as prescribed in
the Resolution authorizing the issuance of the Bonds; (ii) for payments
of principal of such Additional Bonds on June 1st of the appropriate year
or years and for payments of interest on such bonds on December 1st and
June 1st of each year; (iii) that all revenues deposited in the special
funds and accounts established for the Bonds shall be commingled; (iiii)
for appropriate additional or larger payments into the Interest and Re
demption Fund sufficient to pay principal and interest when due and to
establish a reserve in not less than four years after the issuance of such
additional parity bonds equal to not less than the average annual principal
and interest requirements on the combined outstanding parity bonds.
Section 19» The Board further covenants and agrees?
(a) That it will faithfully perform at all times any and all
covenants, undertakings, stipulations and provisions contained in this
Resolution and in each and every Bond issued and delivered hereunder;
that it will promptly pay or cause to be paid from the gross revenues
herein pledged the principal of and interest on every Bond issued hereunder
on the dates and at the places and in the manner prescribed in such Bonds
and in this Resolution; and that it will prior to the maturity of each
such Bond at the times and in the manner prescribed herein, deposit or
cause to be deposited from the gross revenues pledged, the amount of money
specified herein.
(b) That it is duly authorized under the laws of the State of
Texas to create and issue the Bonds, that all action on its part for ih e
4-28
creation and issuance of the Bonds has been duly and effectively taken;
that the Bonds in the hands of the holders and owners thereof are and will
be valid and enforceable special obligations in accordance with their terms.
(c) That the College owns and is lawfully possessed of the
lands upon which the Project is to be constructed and has a good and in
defeasible estate in such lands in fee simple; that the Project will be
constructed and completed in accordance with the plans heretofore approved
and adopted; that it warrants that it will defend the title to the Project
and the lands pertaining thereto, and every part thereof, and the improve
ments thereon, for the benefit of the holders and owners of the Bonds
against the claims and demands of all persons whomsoever; and that it is
lawfully qualified to pledge the gross revenues of the Building Use Fee,
provided for in this Resolution, to the payment of the principal of and
interest on the Bonds in the manner prescribed herein and has lawfully
exercised said right.
(d) That it will from time to time before the same become de
linquent cause to be paid and discharged all taxes, assessments and govern
mental charges, if any, which shall be lawfully imposed upon it, the
College, or upon the Liberal Arts Classroom Building; that it will cause
to be paid all lawful claims for rents, royalties, labor, materials and
* supplies, which if unpaid might by law become a charge or lien upon said
building, or any part of it, the lien of which would interfere with the
lien hereof, so that the priority of the lien created hereunder shall be
fully preserved in the manner herein provided; and that it will not
create or suffer to be created any mechanicfs, laborer's, materialman1 s,
or other lien or charge whatsoever which might or could be prior to the
lien hereof, or do or suffer any matter or thing whereby the lien hereof
might or could be impaired; provided, however, that no such tax, assessment
or charge, and that no such claim which might be used as the basis of a
mechanic's, laborer's, materialman1s or other lien or charge, shall be re
quired to be paid so long as the validity of the same shall be contested by
the Board in good faith.
(e) That it will not do or suffer any act or thing whereby the
Liberal Arts Classroom Building, or any part thereof, might or could be
impaired, and that it will at all times maintain, preserve and keep the
real and tangible property of said facilities and every part thereof in
good condition, repair and working order and maintain, preserve and keep
all structures and equipment pertaining thereto and every part and parcel
thereof in good condition, repair and working order.
(f) That it will continuously and efficiently operate and maintain
in good condition and at a reasonable cost the Liberal Arts Classroom Building
and the facilities and services afforded by same and that it will enforce such
rules as will be necessary to insure maximum use of the Liberal Arts Class
room Building.
(g) That it will establish and continuously maintain the Building
Use Fee at a rate sufficient to permit the payment of the amounts required
herein for insuring the Liberal Arts Classroom Building, the payment of the
4-29
principal of and interest on the Bonds as the same shall become due and
mature, and establish and maintain the Debt Service Reserve as herein
required.
Section 20, The Board shall procure fire and extended coverage
insurance on the Liberal Arts Classroom Building and the contents thereof.
The foregoing insurance shall be maintained so long as any of the Bonds
are outstanding and in amounts at least sufficient to provide for full
recovery on the structure and the contents thereof whenever a loss from
perils insured against does not exceed eighty per cent (80$) of the full
insurance value thereof. Upon the happening of any loss or damage covered
by any such policies from one or more of the causes to which reference is
made in this Section, the Board shall make due proof of loss and shall do
all things necessary or desirable to cause the insuring companies to make
payment in full directly to the Board. The proceeds of insurance, covering
such property, shall be used forthwith by the Board for the purpose of re
pairing the property damaged or replacing the property destroyed, and any
insurance proceeds remaining upon the completion of such repair and replace
ment shall be deposited in the Interest and Redemption Fund. If the funds
received from said insurance policies on account of any loss shall be insuf
ficient to make the building or things insured, suffering such loss, tenant-able
or useful, then the Board shall hold said funds for the benefit of the
holders of the Bonds and coupons outstanding against the Liberal Arts Class
room Building.
The Board shall procure and maintain use and occupancy insurance
on the Liberal Arts Classroom Building in an amount sufficient to enable
the Board to deposit in the Interest and Redemption Fund, out of the
proceeds of such insurance, an amount equal to at least one yearfs average
annual principal and interest requirements on the Bonds, as a result of loss
of use or occupancy caused by the perils covered by fire and extended
coverage insurance.
Section 21. That the Bonds shall not constitute an indebtedness
of the State of Texas, the Board or of the College, such as is prohibited
under the statutes authorizing their issuancej but shall be secured by an
irrevocable pledge of the revenues as provided in this Resolution.
Section 22. The Board further covenants and agrees that while the
principal of or interest on the Bonds, or any part thereof, is outstanding
and unpaid, it will not dispose of or encumber its title or leasehold or
other interest in the Liberal Arts Classroom Building, including any facility
necessary to the operation and use thereof, the lands and interests in lands
comprising its site, and its interest in any property necessary for the
access to and the use thereof5 provided, however, that nothing herein shall
prevent the Board from disposing of obsolete, worn out or useless properties
of the Liberal Arts Classroom Building when it has made arrangements to
replace the same or provide substitute facilities therefor.
Section 23» It is hereby certified, recited and agreed by the
Board that all charges made by the Paying Agents for the payment of principal
and interest on the Bonds will be paid by the Board and will not be required
to be paid by the holders of ,the Bonds and/or coupons.
4-30
Section 2li« The Board further covenants and agrees that accurate
financial records and proper books will be kept in which full, true and
correct entries will be made of all dealings and transactions relating to the
Building Use Fee; and that all books, documents, records and vouchers re
lating to said Building Use Fee shall, at all reasonable times, be made
available for the inspection of the Bondholders and their agents or re
presentatives*
The Board further covenants and agrees that it will furnish
to the original purchaser, and to any holder of the Bonds who shall
request same in writing, not later than one hundred and fifty (l5>0)
days after the close of each fiscal year, copies of audit reports
certified by auditors employed by the State of Texas for the auditing
of the accounts'of State institutions or by an independent certified
public accountant employed by the Board of Regents, reflecting in
reasonable detail the financial condition and record of the Building
Use Fee, including particularly the occupancy or degree of use and the
insurance on the Liberal Arts Classroom Building, and the status of the
several accounts and funds required to be established by this Resolution.
Nothing in this agreement shall be construed as requiring the Board to
expend any funds for such audits which may be derived from any source
other than the revenues of the Building Use Fee but nothing herein
shall be construed as preventing the Board from doing so.
4-31
70-98
Upon motion of Regent Bergman, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the University be authorized to pay the fees
of the bond counsel, Mr. Hobby H. McCall, and the fiscal agent, Mr. Sam
Maelin, on the 1970 Series Building Use Fee Bonds in accordance with the
appropriate previous agreements for such fees*
70-99
Upon motion of Regent Bates, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the final Change Order (Mo. 7) for
adding $5,ll|l to the H. A. Lott, Inc., contract for the construction of
the Forestry, Home Economics and Music Buildings be approved and the
Chairman of the Board be authorized to sign the Change Order. This
Final Change Order provides for additional landscaping of $l,£05 at the Music
Building and $3,6O£ at the Forestry Building, plus $31 for general con
tractor's bond expenses connected therewith,
70-100
Upon motion of Regent Bates, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the City of Nacogdoches be granted right-of-
way easements to widen Starr Avenue eleven feet from Mound Street to
Raguet Street and that the President of the University be authorized to
sign the easements• This easement is a part of the project in which the
Highway Department will widen Starr Avenue from Mound Street to University
Drive. In a previous meeting -the" <Boa£d granted similar right-of-way
easements for the widening of Starr Avenue from Raguet Street to University
Drive, This action is to extend the project an additional block from Raguet
Street to Mound Street.
70-101
Upon motion of Regent Maness, seconded by Regent Bates, with all Regents
voting aye, it was ordered that Change Order No. 1 to add $3,12l| for land
scaping to the contract of L. Richardson & Sons for the construction of the
Austin Plazas be approved and the Chairman of the Board be authorized to
sign the Change Order. This landscaping was not included in the original
contract.
70-10 2
Upon motion of Regent Maness, seconded by Regent Thomas, with all Regents
voting aye, it was ordered that the contract with To G, Evans Company of
Nacogdoches for $99,99li to construct the Biology Greenhouse-Laboratory
Building be approved and the Chairman of the Board be authorized to sign
the contract as followss
CONTRACT
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES jj KNOW ALL MEN BY THESE PRESENTS?
THIS AGREEMENT, made this the 23rd day of October, 1970, by and
between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
4 .-32.-
TEXAS, acting herein through its President, hereinafter called MOwnerff and
T. G. EVANS COMPANY, NACOGDOCHES, TEXAS 75961, hereinafter called "Contractor."
WITNESSETH, that the Contractor and the Owner for the considera
tions hereinafter named agree as followsi
1, The Contractor agrees to provide all of the materials, furnish the labor,
and do all things necessary to complete fully all of the work shown on
the Drawings and described in the Specifications entitled GREENHOUSE,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, prepared by Kent,
Marsellps & Scott, Architects - Engineers, Lufkin, Texas, acting as and
in these Contract Documents entitled the Architect} and shall do everything
required by this Agreement, the "General Conditions" of this Contract, the
Drawings and the Specifications•
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this agreement, form
the Contract, and they are as fully a part of the Contract as if hereto
attached or herein repeated. The following is an enumeration of the
Specifications and Drawings:
Drawings and Specifications entitled "GREENHOUSE", STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, sheet and section numbers as listed
in Paragraph 1.1 of "Supplementary Conditions" and the followingt
Addendum No. 1, dated September 30, 1970, page 1 and
Addendum No. 2, dated October 2, 1970, page 1.
1. This Contract is to cover the General Contract Work, Plumbing, and
Electric Work, complete. The said Drawings, and each and all said
Specifications and "General Conditions" are made a part of this
Agreement for all intents and purposes; provided that if anything
in the said "General Conditions" of the Contract is in conflict with
this Agreement, this Agreement shall control and govern.
2. The work called for and included in this agreement is to be done
under the direction of the Architect above named and his determina
tion of the true meaning and proper construction of the Specifications
shall be considered as final.
3. The work to be performed under this Contract shall be commenced on
or before a date to be specified in a written "Work Order", and shall
be fully completed, within 120 consecutive calendar days thereafter.
The Contractor further agrees to pay as liquidated damages the sum of
$100.00 per day for each consecutive calendar day the work remains
unfinished as specified in Paragraph 1.U8 of "Supplementary Conditions"
and in Proposal.
ii. The Owner shall pay the Contractor for the performance of the Contract,
subject to additions and deductions provided herein, NINETY NINE THOUSAND
NINE HUNDRED NINETY FOUR AND NO/100 DOLLARS ($99,99U-OO) out of Funds
4-33-
available to the Owner for expenditure for the use and benefit of
Stephen F. Austin State University from a Grant from the Federal
Government and Constitutional Tax Building Funds available to Stephen
F. Austin State University. The basis of the above Contract Price
is as follows:
Base Bid - $99,99U.OO
The Owner shall make payments on account of the Contract as provided
therein as follows: On or about the fifteenth of each month ninety
percent (90$) of the value, based on the Contract Price of labor and
materials incorporated in the work and of materials suitably stored at
the site thereof up to the first day of that month, as estimated by the
Architect, less the aggregate of previous paymentsj and upon substantial
completion of the entire work, a sum sufficient to increase the total
payments to ninety percent (90$) of the Contract Price provided satis
factory evidence is furnished that all payrolls, material bills and
other indebtedness connected with the -work have been paid* The Owner
at any time after $0% of the work has been completed, if it finds that
satisfactory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days after
substantial completion of the work provided the work be then fully com
pleted and the Contract fully performed. Upon receipt of written notice
that the work is ready for final inspection and acceptance, the Architect
shall promptly make such inspection, and when he finds the work acceptable
under the Contract and the Contract fully performed he shall promptly
issue a Final Certificate, over his own signature, stating that the work
provided for in this Contract has been completed and is acceptable to him
under the terms and conditions thereof, and that the entire balance found
to be due the Contractor, and noted in the Final Certificate is due and
payable. Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material bills
and other indebtedness connected with the work have been paid.
The Contractor shall pay premium for and furnish Performance Bond and
Payment Bond in amount of 100$ of Contract Pricej on form to be furnished
by Architect, with sureties acceptable to the owner, conditioned:
1. That Contractor shall faithfully perform his Contract and fully
indemnify and save Owner harmless from all costs and damages which
may be suffered by reason of failure to do so, and fully reimburse
and repay Owner all outlay and expense which Owner may incur in
making good any default.
2. That Contractor shall pay all persons who have contracts directly
with Contractor for labor and materials save which persons shall
have a direct action against Contractor and the surety on his bond,
subject to Ownerfs priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority
from the Secretary of the Treasury under the Act of Congress
4 -3U-r
Approved July 30, 1957, as Acceptable Sureties on Federal Bonds"
and within the Underwriting Limitations listed therein for any-single
risk.
Bond shall comply with requirements of all state laws? including
those of Article 5l6O Revised Civil Statutes of Texas, 1925, as
amended by House Bill 3hh9 Acts 56th Legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the life of
this Contract insurance acceptable to the Owner, conforming to the
following schedules
a) Compensation and Employer's Liability Insurances As required by
the laws of the State of Texas$ Employer's Liability Insurance,
$500,000.00o
b) Public Liability Insurances In an amount not less than $300,000„00
for injuries, including accidental death to any one person, and
subject to the same limit for each personj and in an amount not
less than $500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $100,000.00, each occurrence
$300,000.00 aggregate.
c) Automotive Public Liability and Property Damage Insurances
Covering all automobiles and motor vehicles used in Contractorr s
operations on the campus of the University in an amount not less
than $300,000.00 for injuries including death to any one person
and subject to the same limit for each person? and in an amount
not less than $500,000.00 on account of one occurrence; Property
Damage Insurance in an amount not less than $300,000.00 each
occurrence a
d) Include Broad Form Property Damage Insurances Remove nXCV!f
Exclusions (Explosion, collapse, underground property damage).
Include damage to underground wiring, conduits, piping.
e) Contractual Liability Insurances As applicable to the Contrac
tor's obligations under Paragraph I|.l8 of "General Conditions".
The Contractor shall obtain at his expense Owner's Protective
Liability Insurance Policy naming the Owner and the Architect/
Engineer as insured with the following limitss
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$100,000 (each occurrence)
$300,000 (aggregate)
4-35-
f) Completed Operations; Continue coverage in force for one year
after completion of work,
g) Indemnify, protect and hold harmless the Owner and Architect and
their agents and employees from any and all claims, demands, acts
of destruction, loss or damage to property, injury to or death of
Contractor's employees, Owner's employees, and any and all persons
whomsoever growing out of, or in any way connected with Contractor's
operations upon the campus of the above described University. Be
fore commencement of operations hereunder, Contractor shall furnish
to the Architect, photostatic copies of the above mentioned insurance
policies, together with a certificate from the insurance carrier
that the insurance will not be cancelled or permitted to lapse until
fifteen (l£) days written notice of said impending cancellation has
been given to the Owner•
7* Builder's Risk Insurance: The Contractor shall provide Builder's Risk
Insurance as specified in Paragraph 1.6 of Specifications on a 100$
completed value basis in the names of the Contractor, Owner and
Architect*
8. The Contractor shall complete the several portions and the whole of
the work called for under this Agreement and shall deliver said im
provements and premises, upon completion, to the Owner, free and clear
of all liens and claims for labor furnished or materials used and other
indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax, the
following is a division between labor and materials:
Labor $27,37^.00
Materials 72,619.00
Total $99,99l|.OO
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in four (U) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By /s/ R.E, McGee
SEAL
Witness Chairman
T. G. EVANS COMPANY
NACOGDOCHES, TEXAS
Address
/s/ Margaret Baldwin By /s/ T. G. Evans
Witness "" :
4-36-
READ AND EXAMINED;
/s/ Co G. Haas Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM;
ATTORNEY GENERAL OF TEXAS /s/ John Reeves
Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should attest*
If Contractor is corporation. Secretary should attest* Give proper
title of each person executing Contract•
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of the Regular
Session of the !>6ihLegislature of Texas)
THE STATE OF TEXAS 5
COUNTY OF NACOGDOCHES jj
KNOW ALL MEN BY THESE PRESENTS: That we (l) T. G. EVANS COMPANY an
(2) Individual of Nacogdoches, Texas 75961 hereinafter called Principal and
(3) ARGONAUT INSURANCE COMPANY of Menlo Park, State of California hereinafter
called the Surety, are held and firmly bound unto (k) the BOARD OF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY, Nacogdoches, Texas hereinafter called
Owner, unto all persons, firms and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred
to in the penal sum of Ninety Nine Thousand Nine Hundred Ninety Four and No/100
DOLLARS ($99,991;.00) in lawful money of the United States, to be paid in (£)
Nacogdoches County, Texas, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) the Board of Regents, Stephen F. Austin
State University, Nacogdoches, Texas, the Owner, dated the 23rd day of October,
A, D>, 1970, a copy of which is hereto attached and made a part hereof for the
construction of; a Greenhouse Building at Stephen F. Austin State University,
Nacogdoches, Texas in accordance with plans and specifications prepared by Kent,
Marsellos & Scott, Architects & Engineers,,
NOW, THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all claimants as defined in Article
5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 3I4I4,
Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, supplying
labor and materials in the prosecution of the work provided for in said Contract,
then this obligation shall be null and voidj otherwise, it shall remain in full
force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work pro
vided for in said Contract, and all such claimants shall have a direct right
of action under the bond as provided in Article 5l6O, Revised Civil Statutes,
1925, as amended by House Bill 3Uu, Acts 56th Legislature, Regular Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas, and that the said Surety,
for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any
wise affect its obligation on this bond, and it does hereby waive notice of
any change, extension of time, alteration or addition to the terms of the
Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and
the Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied*
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the 23rd day of October,
A. D., 1970.
ATTEST s T. G. EVANS COMPANY
BY
Principal
/s/ T. G. Evans
(Principal;Secretary
SEAL
/s/ Margaret Baldwin
Witness as to Principal
T. G. Evans, Owner
Box 5715 Tyler, Texas
(AddressJ
75701
ATTEST 1 ARGONAUT INSURANCE COMPANY
BY;
(buretyj Secretary
Surety
/s/ Be C. Floyd
Attorney-m-Fact
4-38-
's/ Margaret Baldwin
fitness as to Surety
fox $71, Tyler, Texas 75701
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BY: /s/ John Reeves
iddress
Assistant Attorney General
TOTE: Date of Bond must not be prior to date of Contract
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case may be
(3) Correct name of Surety
(k) Correct name of Owner
(£) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should execute bond.
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of the
Regular Session of the $6thLegislature of Texas)
'HE STATE OF TEXAS
WUNTY OF NACOGDOCHES KNOW ALL MEN BY THESE PRESENTS: That
re (1) T. G. EVANS COMPANY of (2) Nacogdoches, Texas 75961, an individual
lereinafter called Principal and (3) ARGONAUT INSURANCE COMPANY of Menlo
>ark State of California, hereinafter called the Surety, are held and firmly
iound unto (k) Board of Regents, Stephen Fo Austin State University,
facogdoches, Texas hereinafter called Owner, in the penal sum of Ninety
fine Thousand Nine Hundred Ninety Four and No/lOO DOLLARS ($99,99lu 00), in
.awful money of the United States, to be paid in (5) Nacogdoches County,
'exas, for the payment of which sum well and truly to be made, we bind
>urselves, our heirs, executors, administrators and successors, jointly
.nd severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
'rincipal entered into a certain Contract with (6) the Board of Regents,
•tephen F. Austin State University, Nacogdoches, Texas the Owner, dated the
'3rd day of October, A. D., 1970, a copy of which is attached hereto and made
. part hereof for the construction of:
a Greenhouse Building at Stephen F* Austin State University,
Nacogdoches, Texas in accordance with plans and specifications
prepared by Kent, Marsellos & Scott, Architects & Engineers.
(Herein called the "Work").
NOW, THEREFORE, if the principal shall well, truly and faithfully
•erform the work in accordance with the Plans, Specifications and Contract
ocuments during the original term thereof, and any extensions thereof
hich may be granted by the Owner, with or without notice to the Surety,
nd, if he shall satisfy all claims and demands incurred under such Con-
4-39-
tract, and shall fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason of failure to do so, and shall re
imburse and repay the Owner all outlay and expense which the Owner may incur
in making good any default, then this obligation shall be void; otherwise
to remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all defects
in said work occasioned by and resulting from defects in materials furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of Texas and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and it does
hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract or to the work or to the Specifi
cations.
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5l6O of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this
the 23rd day of October, A. D«, 1970.
ATTEST: T. G. EVANS COMPANY
{Principal; Secretary
SEAL
/s/ Margaret Baldwin
Witness as to Principal
Box 571, Tyler, Texas 75701
(Address)
Principal
By /s/ T. G. Evans
r. Cj. Evans, Owner
ATTEST:
(Surety; Secretary
ARGONAUT INSURANCE COMPANY
Surety
BY; /s/ B. C. Floyd
Attorney-in-Fact
4-1*0-
/a/ Margaret Baldwin
Witness as to Surety
Box £71, Tyler, Texas 75701
(Address)
APPROVED AS TO FORM;
ATTORNEY GENERAL OF TEXAS
BY: /a/ John Reeves
Assistant Attorney General
NOTEs Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) . A Corporation, A Partnership or an individual, as case may be
(3) Correct name of Surety
(U) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should execute bond*
70-103
Upon motion of Regent Bergman, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the contract with Honeywell Company for
$196,1+33 to supply and install a Central Mechanical Controls System be
approved and the Chairman of the Board be authorized to sign the contract,
as followss
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
CONTRACT
KNOW ALL MEN BY THESE PRESENTS :
THIS AGREEMENT, made and entered into this. 23rd day of October,
A. Do 1970, by and between the Board of Regents, Stephen F. Austin State
University of the City of Nacogdoches, County of Nacogdoches, and State
of Texas, acting herein through its President, Party of the First Part,
termed in the Contract Documents as the OWNER, and Honeywell, Inc. of
the City of Minneapolis, County of Hennepin, and the State of Minnesota,
Party of the Second Part, termed in the Contract Documents as the
CONTRACTOR,
WITNESSETH; (l) 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.Bonds bearing even date
herewith, the Contractor hereby agrees with the Owner to commence and
complete the construction of certain improvements described as follows:
A Central Heating and Air Conditioning Control System described in the
Plans, Specifications, Addendum No. 1, Addendum No. 2, and Addendum No.
3 as Base Bid ffCn, and all work in connection therewith, and at his (or
their) own proper cost and expense to furnish all the material, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the said construction, in
accordance with the conditions and prices stated in the Proposal, and in
compliance with the Performance Bond and the Payment Bond and the Contract
Documents hereto attached, and with the Plans, all of which are made a
part hereof and collectively evidence and constitute the Contract.
(2) Contractor agrees to commence work under this Contract within
thirty (30) days from the date thereof and to complete said work ready
for use within 300 consecutive calendar days.
In defaulting thereof, the Contractor shall be liable for liqui
dated damages as provided in the Contract Documents.
(3) The Owner agrees to pay the Contractor in current funds for the
performance of the Contract in accordance with the Proposal submitted
therefor, the sum of One Hundred Ninety Six Thousand, Four Hundred
Thirty-three Dollars ($196,I|33) subject to additions and deductions, as
provided in the General Conditions of the Contract Documents, and to
make payments on account thereof as provided.
(U) To insure prompt, faithful, sufficient, and complete performance
of this Contract on his part, the Contractor has attached hereto and
hereby makes a part hereof, Insurance Policies or Certificates of In
surance, a Performance Bond and a Payment Bond to be satisfactory in all
respects to the Owner. Said Bonds, in the full amount of the Contract
price, are to insure the faithful performance of the Contract under all
conditions laid down by it and the Contract Documents covering equipment
furnished labor employed, workmanship, material, time of completion and
delivery. Said Bonds and Policies shall hold and keep the Owner harmless
and free from all liens, claims, patent infringements, liability, demands,
and expenses of every kind and nature for any accident or injury to any
person or persons or property, occasioned by or resulting from the prosecu
tion of the work pursuant to the terms of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in five (<) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
BOARD OF REGENTS
SEAL STEPHEN F. AUSTIN STATE UNIVERSITY
By /s/ R. E. McGee
By /s/ C. G. Haas Chairman
Witness
4-U2-
Honeywell Inc.
Contractor
2701 Fourth Avenue South
Minneapolis, Minnesota
SEAL
READ AND EXAMINED:
/s/ Ca G. Haas
By /s/ W, Pa Dicks on
¥. ?• Dickson
Branch Manager
Commercial Division
Secretary
Board of Regents, Stephen F, Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS John Reeves
Assistant
RESOLUTIONS OF BOARD OF DIRECTORS
I, Mary F, Riley, do hereby certify that I am a duly elected and
qualified Assistant Secretary of Honeywell Inc, a corporation organized
and existing under and by virtue of the laws of the State of Delaware,,
and that the following is a true and correct copy of certain resolutions
duly adopted at a meeting of the Board of Directors thereof, convened and
held in accordance with the law and the by-laws of said corporation at
the offices of the Company, 2701 Fourth Avenue South, Minneapolis, Minnesota,
on the 19th day of August, 1969, and that such resolutions are now in full
force and effects
IX• Commercial Division
RESOLVED, That the Vice President and General Manager of
the Company's Commercial Division is authorized to sign on behalf of the
Company any instrument relating to the business of such Division except
(l) a guaranty of the obligation of a third party, (2) a lease of a branch
sales office, (3) any other lease of real property involving a total
commitment in excess of $23>,OOO, and (U) a deed, mortgage, contract, or
other instrument for the conveyance, or purchase, of any interest in
real property^
4-143-
RESOLVED, That each individual serving in any position of
the Companyfs Commercial Division listed below is authorized to sign on
behalf of the Company any instrument relating to, issued or required in
connection with, the sale or lease of products and services of such Division
except (l) a guaranty of the obligation of a third party, (2) a lease of a
branch sales office, (3) any other lease of real property involving a total
commitment in excess of $2^,000, and (1;) a deed, mortgage, contract, or
other instrument for the conveyance, or purchase, of any interest in real
property?
RESOLVED, That each individual serving in any position
of the Company1s Commercial Division listed below is authorized to sign
on behalf of the Company any instrument relating to, issued or required
in connection with, the sale or lease of products and services of such
Division except (l) a guaranty of the obligation of a third party, (2)
any lease of real property, (3) a deed, mortgage, contract or other in
strument for the conveyance, or purchase, of any interest in real property,
and (10 releases or lien waivers:
Vice President, Sales and Marketing,
Field Manager,
Regional Manager,
Branch Manager,
Branch Supervisor,
Director of Administrator,
Controller,
Credit Managerj
RESOLVED, That each Customer Service Manager of the Company's
Commercial Division is authorized to sign on behalf of the Company acknow
ledgments or acceptances of Commercial Division customer orders for material
sold on a delivered basis 5
RESOLVED, That each individual serving in any position of
the Company?s Commercial Division listed below is authorized to sign purchase
orders on behalf of such Divisions
Vice President, Sales and Marketing,
Field Manager,
Regional Manager,
Branch Manager,
Director of Administration,
Controller,
Credit Manager,
Manager of Operations,
Purchasing Manager,
Purchasing Agent5
RESOLVED, That each individual serving in any position of
the Company's Commercial Division listed below is authorized to sign on
behalf of the Company releases, lien waivers and performance bonds re
lating to the business of such Divisions
Director of Administration,
Credit Manager*,
Controller5
RESOLVED, That each Branch Manager and each Construction
Manager of the Company's Commercial Division is authorized to sign on
behalf of the Company Purchase Order Agreements and Subcontract Agreements?
IN WITNESS WHEREOF, I have affixed my name as Assistant
Secretary and have caused the corporate seal of this corporation to be
hereunto affixed this 30th day of October, 1969.
/s/ Mary F. Riley
Assistant Secretary
PERFORMANCE BOND
THE STATE OF MINNESOTA J
COUNTY OF HENNEPIN j
KNOW ALL MEN BY THESE PRESENTS; That we, Honeywell, Inc. of
Delaware hereinafter called Principal and FEDERAL INSURANCE COMPANY of
New York State of New York, hereinafter called the Surety, are held and
firmly bound unto Stephen F, Austin State University hereinafter called
Owner, in the penal sum of One Hundred Ninety-Six Thousand, Four Hundred
Thirty-Three Dollars ($196,U33), in lawful money of the United States, to
be paid in Nacogdoches County, Texas, for payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents-
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a. certain Contract with Stephen Fo Austin State University5 the
Owner, dated the 23rd day of October, Ao D,, 1970, a copy of which is attached
hereto and made a part hereof for the construction ofs "A Central Heating
and Air Conditioning Control System", herein called the "Work".
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract-
Documents during the original term thereof, and any extensions thereof which
may be granted by the Owner, with or without notice to the Surety, and,
if he shall satisfy all claims and demands incurred under such Contract,
and shall fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and shall re
imburse and repay the Owner all outlay and expense which the Owner may incur
in making good any default, then this obligation shall be voids otherwise
to remain in full force and effect.
■\
NOW, THEREFORE, if the Principal shall repair any and all defects
in said work occasioned by and resulting from defects in materials fur
nished by, or workmanship of the Principal in performing the work covered
by said contract, occurring within a period of twelve (12) months from the
date of the Contract Completion Certificate, then this obligation shall be
null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond venue shall lie in Nacogdoches County, State of Texas and that the
said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the
Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation of this
bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contract or to the work
or to the Specifications.,
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article £l60 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length,
IN WITNESS WHEREOF, this instrument is executed in five counter
parts, each one of which shall be deemed an original, this the Twenty
third day of October A, Do, 1970.
ATTEST: HONEYWELL INC.
/s/ Mary F. Riley
(Principal) Secretary
Mary F. Riley - Asst. Secretary
SEAL
/s/
M, Helmbolt
Witness as to Principal
Mpls,, Minn,
(Address)
ATTEST;
/s/ W, J. Long
(Surety) Secretary
/s/ Co Burkhalt .
Witness as to Surety
Mpls.j Minn.
Address ~ " ——=
Countersigned for State of Texas
/s/ Mo K» Mahoney
Resident Agent
Principal
BY /s/ E. Co Vorlander
E. Co Vorland,er - Vice President
FEDERAL INSURANCE COMPANY
Surety
By /s/ Co Ko Brubaker
" Attorney-in-Fact
(SEAL)
APPROVED AS TO FORMs
ATTORNEY GENERAL OF TEXAS
BYs /s/ John Reeves
Assistant Attorney General
PAYMENT BOND
THE STATE OF MINNESOTA J
COUNTY OF HENNEPIN j
KNOW ALL MEN BY THESE PRESENTS: That we Honeywell, Inc. a Corpora
tion of Delaware hereinafter called Principal and FEDERAL INSURANCE COMPANY
of New York5 State of New York hereinafter called the Surety, are held and
firmly bound unto Stephen F, Austin State University hereinafter called
Owner, unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred
to in the penal sum of One Hundred Ninety Six Thousand, Four Hundred Thirty-
Three Dollars ($196,U33) in lawful money of the United States, to be paid in
Nacogdoches County, Texas, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents•
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain contract with Stephen F. Austin State
University, the Owner, dated the 23rd day of October A. D», 1970, a
copy of which is hereto attached and made a part hereof for the construc
tion of: "A Central Heating and Air Conditioning Control System"*
NOW THEREFORE, the condition of this obligation is such that,
if the Principal shall promptly make payment to all claimants as defined
in Article 5l6O Revised Civil Statutes of Texas, 1925> as amended by House
Bill 3Ui* Acts 56th Legislature, Regular Session, 1959, effective April 27,
1959, supplying labor and materials in the prosecution of the work provided
for in said Contract, then this obligation shall be null and voidj otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the protection, of
all claimants supplying labor and materials in the prosecution of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5l6O, Revised Civil
Statutes, 1925, as amended by House Bill 3kh$ Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue -shall lie in Nacogdoches County, State of Texas, and that the said
Surety, for value received hereby stipulates and agrees that no change, exten
sion of time, alteration or addition to the terms of the Contract or to the
work to be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does hereby
waive notice of any change, extension of time, alteration or addition to
the terms of the Contract or to the work or to the Specifications,
PROVIDED FURTHER, that no final settlement between the Owner and
the Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied,,
4-U7-
IN WITNESS WHEREOF, this instrument is executed in five counter
parts 3 each one of which shall be deemed an original, this the Twenty-third
day of October A. D., 1970.
ATTEST; HONEYWELL INC.
Principal
/s/ Mary F. Riley
(Principal; Secretary
Mary F. Riley - Asst. Secretary
SEAL
BY /s/ E. Co Vorlander
E. C. Vorlander - Vice President
s/ M. Helmbolt
ltness as to Principal
Mpls,, Minn.
(Address)
ATTESTi FEDERAL INSURANCE COMPANY
Surety
/s/ W« J. Long
(Surety) Secretary W# J. Long
/s/ C. Burkhalt .
Witness as to Surety
Mpls«5 Minn. __,
Address
By; Q K. Brubaker C, K, Brub^ker
Attorney-in-Fact
APPROVED AS TO FORM;
ATTORNEY GENERAL OF TEXAS
BY; /s/ John Reeves
(SEAL)
Assistant Attorney General
Countersigned for State of Texas
By /s/ Ma K. Mahoney
Resident Agent
4-U8-
Upon motion of Regent Perkins, seconded by Regent Bates, with all Regents
voting aye, it was ordered that the name of Ralph Todd be moved from Dormitory
h to Dormitory 7.
Upon motion of Regent Perkins, seconded by Regent Bates, with all Regents
voting aye, it was ordered that a special committee be appointed by the
Chairman to prepare guidelines for naming buildings.
Special Committee
Regent Perkins, Chairman
Regents Bergman* Golden, and Todd, members
70-106
Upon motion of Regent Todd, seconded by Regent Maness, with all Regents
voting aye* it wa§ moved that no fund raising organization be hired at
this time for the University.
There being no further business, the meeting adjourned at three ofclock
p.m.
C. G. Haas
Secretary