Minutes of Board of Regents of Stephen F. Austin State University. 1977, Volume No. 38

              MINUTES OF
Board of Regent:
of
Stephen F. Austin State University
VOLUME NO. 38
November 4, 1977
Nacogdoches, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
November 4, 1977
VOLUME NO. 38
Page
78- 1 Resolution Honoring Robert Gray 38_ 2
78- 2 Approval of Minutes 3g~ 3
78- 3 Summer Budget Adjustments . . . . 38- 3
78- 4 Faculty and Staff Appointments . . . . [ . m [ " [ [ ] ] [ 38Z 4
78- 5 Resignations og_ g
78- 6 Changes in Status .......... 38- 9
78- 7 Requests for Leave ........... 38- 12
78- 8 Promotions 3g_ ^3
78- 9 Retirements . * oo_ i?
78-10 Policy Governing Emeritus Status ........ 38- 13
78-11 Interim Policy on Faculty Workloads ............ 38- 14
78-12 Interim Policy on Underenrolled Classes .......... 38- 16
78-13 Underenrolled Classes, Fall, 1977 ............ [ 38- 16
78-14 Faculty Workload Adjustments. ............... 38- 17
78-15 Curriculum ] * 33. 23
78-16 Approval of FY1977 Budget Positions . . . . ] [ . . . . [ ] 38-30
78-17 Authorization to Transfer Funds ........ 38-30
78-18 Authorization to Transfer Student Property Deposits ] ] [ [ 38-30
78-19 Approval of Budget Adjustments " ' 38-30
78-20 Approval of Bond Resolution, $650,000 General Fee Bonds/
Series 1977 38-30
78-21 Approval of Application for Eligibility to'obtain Federal
Surplus Property 38-51
78-22 Authorization to Negotiate with Contractor for Construction
of Student Health Services Facility 38-51
78-23 Approval of Contract for Renovation of Birdwell and Ag
Shop Buildings and Fine Arts Building Attic Walkway-- .
B. § B. Developers, Temple, Texas 38-51
78-24 Approval of Contract - Love, Friberg § Associates -
Design Fire Alarm-Detection System for Dormitory 17
and Garner Apartment Buildings 38-71
78-25 Approval of Contract - J. K. Electronics'-'Installation
of Fire Alarm-Detection System 38-78
78-26 Approval of Amendment to Architectural Contract (Renovation
of Birdwell $ Ag Shop Buildings) - Kent-Marsellos-Scott. 38-92
78-27 Authorization to Allocate Funds for Renovation of Physical
Plant's Departmental Offices 38-92
78-28 Authorization to Issue Order to Eagleton Engineering*
Company 38-92
78-29 Approval of Contract - Jim Eagle Turf Industries'-
Renovation of Stadium Fields
I N D E X
Page
78-30 Approval of Contract - HcKinney and Moore -
Reroute Sanitary Sewer Main . . . 38-107
78-31 Authorization to Obtain Names of Architects to
Plan Additions to University Center , . . . . 38-121
78-32 Authorization to Obtain Names of Architects to
Plan Housing Facilities 38-121
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
November 4, 1977
The meeting was called to order by James I. Perkins, Chairman of the Board
of Regents, at 1:30 p.m. November 4, 1977.
PRESENT:
Members: James I. Perkins of:Rusk
Walter C. Todd of Dallas
Peggy Wedgeworth Wright of Nacogdoches
Mrs. George Cullum, Jr. of Dallas
Glenn Justice of Dallas
Ernest Powers of Carthage
Homer Bryce of Henderson
Joe Bob 'Golden of Jasper
(One Vacancy)
PRESENT: C. G. Haas, Secretary to the Board
Dr. William R. Johnson, President of the University
Dr. Billy Joe Franklin, V. P. for Academic Affairs, SFASU
Dr. Gordon Beasley, V. P. for Student Affairs, SFASU
Mr. Robert Provan, Legal Counsel, SFASU
PRESENT:
Visitors: Bob Francis, Student Government President
(Students) David Crisp, Pine Log Reporter
Clay Henderson, Committee Chairman, Senate Academic Affairs
Christi Harlan, Pine Log Editor
Melody Chatelle, President, University Center
Mike Wasson, Vice President, RHA
Melanie Smith, President, RHA
Mark Hobson, President, Interfraternity Council
Susan Cook, Secretary, University Center
Don Davis, Committee Chairman, Senate Student Affairs
Victor Gomez, Student Senator
Gayle Thompson, Committee Chairman, Senate Internal Affairs
Mark Burroughs, Vice President of Student Government
Bill Dunn, Speaker of the Student Senate
78-1
Upon motion of Regent Justice, seconded by Regent Todd, with all members
voting aye, it was ordered that the Resolution honoring the services of
Regent Gray be approved as follows:
RESOLUTION
WHEREAS, the Honorable Robert Gray has served Stephen F. Austin
State University as a member of its Board of Regents with distinction
since April, 1971; and
WHEREAS, Mr. Gray has contributed of his time and effort as Vice
Chairman and Chairman of the Building Committee of the Board of
Regents; and
WHEREAS, Mr. Gray has now found it necessary to resign his
position as a Regent; now, therefore, be it
RESOLVED, that the Board of Regents of Stephen F. Austin State
University express its deep appreciation to Mr. Robert Gray for his
many contributions to the University.
Be it further resolved that this resolution be spread upon the Minutes
of the Board of Regents of Stephen F, Austin State University and that a
copy be furnished to Mr. Gray.
/s/ James I. Perkins
James I. Perkins
Chairman, Board of Regents
Stephen F. Austin State University
38-2
78-2
Upon motion of Regent Wright, seconded by Regent Powers, with all members
voting aye, it was ordered that the minutes of the meeting of July 30,
1977 be approved.
78-3
Upon motion of Regent Cullum, seconded by Regent Justice, with all members
voting aye, it was ordered that the following adjustments to the summer budget
be approved:
1. Department of English
Dr. Leonard Cheever, Associate Professor of English, from 50% to
100% time for Summer II, 1977, at a salary rate of $3,125 for the
second summer term.
2. Department of Secondary Education
Ms. Hilda M. Harris, Instructor in Secondary Education, from 50% to
100% time for Summer II, 1977, at a salary rate of $1,958.34 for the
second summer term.
3. Division of Applied Arts and Sciences
Mr. Ronnie Barra, Associate Professor HPE, at a salary rate of $746
for 100% time for Summer I, 1977.
Dr. William H. Box, Professor of Communication, at a salary rate of
$190 for 100% time from July 12 through August 19, 1977.
Ms. Lucy Kirby Davis, Instructor in Continuing Education, at a
salary rate of $200 for 100% time from August 15 through August 19,
1977.
Dr. William E. Morrison, Assistant Professor of School Services, at
a salary rate of $339 for 100% time from July 11 through August 9,
1977.
Dr. George Thompson, Professor of Secondary Education, at a salary
rate of $600 for 100% time from July 13 through August 19, 1977.
Dr. M. B. Wade, Professor Sociology, at a salary rate of'-$2,327.83
for 100% time from July 11 through July 25, 1977.
Dr. H. Lawrence Zillmer, Associate Professor of Theatre, at a salary
rate of $665 for 100% time from July 18, 1977 through August 5, 1977.
38-3
78-4
Upon motion of Regent Wright, seconded by Regent Powers, with all members
voting aye, it was ordered that the following individuals be employed for
the positions, dates, and salaries indicated:
1. Department of Accounting
Mr. Danny R. Mora, 29, M.B.A. (Stephen F. Austin State University),
Instructor (25% time) in Accounting at a salary rate of $1,438 for the
Fall Semester, 1977, only.
2. Department of Administrative Services
Ms. Mary Alice Crowe 11, 44, M.B.Ed. (Stephen F. Austin State Uni
versity), Graduate Intern (50% time) in Administrative Services at
a salary rate of $2,250 for the Fall Semester, 1977, only.
Dr. Kurt B. Stanberry, 27, J.D. (University of Houston), Assistant
Professor of Administrative Services at a salary rate of $13,500 for
nine months, effective Fall Semester, 1977.
3. Department of Agriculture
Dr. Roy Michael Watkins, 35, Ph.D. (Mississippi State University),
Assistant Professor in Agriculture at a salary rate of $15,750 for
nine months, effective October 1, 1977.
4. Department of Computer Science
Dr. John W. Anderson, 33, Ph.D. (North Texas State University),
Assistant Professor of Computer Science at a salary rate of $16,750
for nine months, effective Fall Semester, 1977.
5. Department of Elementary Education
Dr. Henrietta Grooms, 42, Ed.D. (University of Georgia), Visiting
Instructor (25% time) in Elementary Education at a salary rate of
$1,200 for the Fall Semester, 1977, only.
Ms. Nell Stevenson, 52, M.Ed. (Stephen F. Austin State University)
Visiting Instructor at a salary rate of $11,000 for nine months.
The duration of Ms. Stevenson's appointment is indefinite. She is a
temporary substitute for Dr. Janice Pattillo who is on maternity
leave.
6. Department of English
Mr. Cydney Warren Adams, 28, M.A. (Stephen F. Austin State University),
Graduate Intern (50% time) in English at a salary rate of $4,500 for
nine months, effective Fall Semester, 1977.
38-4
Ms. Cecelia Elizabeth Hawkins, 29, M.A. (Stephen F. Austin State
University) Graduate Intern (50% time) in English at a salary rate
of $2,250 for the Fall Semester, 1977, only.
Ms. Molly A. Travis, 26, M.A. (Stephen F. Austin State University),
Instructor (50% time) in English at a salary rate of $2,750 for the
Fall Semester, 1977, only.
7. School of Forestry
Mr. Christopher C. Kirk, 26, M.S.F. (Stephen F. Austin State Uni
versity) Graduate Intern in Forestry at a salary rate of $9,000 for
nine months, effective Fall Semester, 1977.
Mr. Gary Lee Taylor, 29, M.S.F. (Stephen F. Austin State University),
Graduate Intern in Forestry at a salary rate of $9,000 for nine
months, effective Fall Semester, 1977.
8. Department of Health and Physical Education
Ms. Charlotte L. Guynes, 27, M.Ed. (Stephen F. Austin State Uni
versity), Instructor in Health and Physical Education at a salary
rate of $12,000 for nine months, effective Fall Semester, 1977.
Ms. Sue Tinsley, 40, M.Ed. (Stephen F. Austin State University),
Visiting Instructor in Health and Physical Education at a salary rate
of $12,000 for nine months, effective Fall Semester, 1977.
9. Department of Home Economics
Ms. Virginia Ann Tanner, 26, M.A. (Texas Woman's University), In
structor in Home Economics at a salary rate of $11,750 for nine months,
effective Fall Semester, 1977.
Ms. Carol Voigtel, 42, M.Ed. (Stephen F. Austin State University)
Visiting Instructor in Home Economics (50% time) at a salary rate of
$2,750 for the Fall Semester, 1977, only.
10. Department of Management and Marketing
Dr. Robert H. Solomon, 45, Ph.D. (University of Arkansas), Associate
Professor of Management at a salary rate of $19,000 for nine months,
effective Fall Semester, 1977.
Mr. Joel K. Worley, 40, M.B.A. (Stephen F. Austin State University),
Instructor in Management at a salary rate of $11,500 for nine months,
effective Fall Semester, 1977.
38-5
11. Department of Mathematics and Statistics
Mr. Joseph fi. McWilliams, 31, M.S. (Stephen F. Austin State Uni
versity), Graduate Intern in Mathematics at a salary rate of $9,000
for nine months, effective Fall Semester, 1977.
Ms. Jamie Sue Weeks, 23, M.S. (Stephen F. Austin State University),
Graduate Intern in Mathematics at a salary rate of $9,000 for nine
months, effective Fall Semester, 1977.
12. Department of Music
Mr. Charles B. Foley, 24, M.M. (University of Michigan), Instructor
in Woodwinds at a salary rate of $11,750 for nine months, effective
Fall Semester, 1977.
Ms. Shirley Watterston, 38, M.S. (University of Wisconsin), In
structor (75% time) of Music at a salary rate of $7,500 for nine
months, effective Fall Semester, 1977.
13. Division of Nursing
Dr. Beverlyanne Robinson, 45, Ph.D. (University of Texas-Austin),
Associate Professor of Nursing and Director of Division at a salary
rate of $30,000 for twelve months, effective Fall Semester, 1977.
14. Department of School Services
Mr. Michael Charles Veal, 27, M.S. (University of Southern Mississippi),
Instructor in School Services at a salary rate of $12,500 for nine months,
effective Fall Semester, 1977.
15. Department of Sociology
Mr. Robert J. Provan, 33, B.A. (Slippery Rock State College), In
structor (50% time) of Sociology and Resident Legal Counsel (50% time),
at a salary rate of $23,500 for twelve months, effective Fall Semester,
1977.
16. Division of Applied Arts and Sciences
The following faculty members are employed for the Fall'Semester,
1977, at the centers and the salaries indicated:
Dr. Mary Appleberry Jasper $1,246
Dr. John C. Austin Jasper 1,246
Dr. Arthur Benoy New Caney 1^318
Dr. Bobby Bizzell Longview 432
Dr. B. Duke Brannen Longview 1,232
Dr. Robert Brooks Longview 732
Dr. Charles Brown Longview 432
38-6
Dr. Bennett Cooksey
Dr. Ralph Eddins
Dr. Don Fare
Dr. Tommy Franklin
Dr. Dan Gregory
Dr. David Grigsby
Dr. William Heeney
Dr. Harold Hill
Dr. Harold Hill
(Director of Center-1977-78)
Dr. Neal Houston
Mr. Johnny Long
Dr. Mary Ella Lowe
Dr. Jerry Irons
Mr. Neill Hays
Dr. Jere Jackson
Dr. Langston Kerr
Dr. James Magruder
Dr. Morgan Moses
Dr. David Petty
Dr. Rebecca Raburn
Dr. Kay Rayborn
Dr. Elvia Rodriguez
Dr. Stephen Smith
Dr. Connie Spreadbury
Dr. Wendall Spreadbury
Dr. George Thompson
Dr. M. B. Wade
Dr. T. P. White
17. Student Affairs Division
Garland
Longview
Longview
Lufkin
Cof field
Longview
Duncanville
Longview
Longview
Longview
Cof.fi eld
Dayton
Longview
Center
Longview
Longview
Cof fie Id
Dayton
Coffield
Longview
Dayton
Longview
Coffield
Longview
Longview
Longview
Center
Dayton
Dr. James W. Ehrlich, 54, M.D. (Southwestern Medical School at Dallas),
University Physician for Student Health Services at a salary rate of
$30,000 for 10.5 months, effective August 15, 1977.
Mr. James E. Hanshaw, 24, B.A. (Stephen F. Austin State University),
Patrolman for the University Police Department at a salary rate of
$8,272 for twelve months, effective August 15, 1977.
Mr. Duane L. Hufstedler, 24, Patrolman for the University Policy
Department at a salary rate of $8,000 for twelve months, effective
October 3, 1977.
Dr. Corrine Jones, 59, M.D. (University of Texas-Galveston), Uni
versity Physician for Student Health Services. Dr. Jones is employed
on a part-time-as-needed basis at a salary rate of $120 per day,
effective September 1, 1977.
38-7
Mr. Willie Jones, Jr., 42, Patrolman for the University Police
Department at a salary rate of $8,000 for twelve months, effective
October 17, 1977.
Mr. George E. Marshall, 31, Maintenance Supervisor for the Uni
versity Center at a salary rate of $10,400 for twelve months,
effective July 5, 1977. Mr. Marshall transferred from an hourly
position in the Physical Plant to replace Charles Spies who retired.
Dr. Richard A. Sargent, 30, M.D. (University of Missouri at
Columbia), University Physician for Student Health Services at a
salary rate of $29,000 for 10.5 months, effective September 1, 1977.
18. University Computer Center
Mr. Donald Harrell, 22, B.S. (Stephen F. Austin State University),
Computer Operator at a salary rate of $9,284 for twelve months,
effective August 15, 1977.
Mr. Morris Lang, 25, B.S. (Stephen F. Austin State University),
Data Base Administrator at a salary rate of $14,023 for twelve
months, effective August 17, 1977. (Received the required 3.4%
salary increase on September 1, 1977 = $14,500)
Ms. Elizabeth Ann Mathis, 27, B.S. (Stephen F. Austin State Uni
versity), Programmer at a salary rate of $10,133 for twelve months,
effective September 6, 1977.
78-5
Upon motion of Regent Todd, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of Administrative Services
Dr. Boyd K. Herndon, Instructor .in Administrative Services, ef-fection
July 12, 1977. Dr. Herndon resigned for personal reasons.
2. Department of Home Economics
Ms. Helen Frances Nuessle, Instructor in Home Economics, effective
August 31, 1977. Ms. Nuessle has .accepted employment elsewhere.
3. Office of Admissions
Mr. Patrick R. Bray, Admissions Counselor, effective August 31, 1977,
This was a temporary position for the summer, 1977, only.
38-8
4. Department of Agriculture
Dr. David H. Miller, Assistant Professor of Agriculture, effective
September 30, 1977. Dr. Miller has accepted employment elsewhere.
5. Student Affairs Division
Mr. Billy Joe Baird, Sergeant for the University Police Department,
effective July 15, 1977. Mr. Baird is resigning to accept employment
elsewhere.
Mr. Russell L. Hayter, Patrolman for the University Police Department,
effective September 9, 1977. Mr. Hayter is resigning to take employ
ment with the city police department.
Mr. Randall A. Prejean, Patrolman for the University Police Depart
ment, effective August 22, 1977. Mr. Prejean is resigning to take
employment with the city police department.
6. University Computer" Center
Mr. Scott Baker, Computer Operator, effective August 19, 1977. Mr.
Baker has accepted employment elsewhere.
Ms. Debbie Finane, Data Base Administrator, effective August 18,
1977. Ms. Finane has accepted employment elsewhere.
Mr. William Krueger, Systems Programmer, effective September 2,
1977. Mr. Krueger has accepted employment elsewhere.
78-6
Upon motion of Regent Todd, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following changes in status be approved:
1. Department of Accounting
Mr. Jesse D. Mixon, Assistant Professor (25% time) of Accounting,
from $4,000 to $3,938 for the 1977-78 academic year. This is to
correct a budget error.
2. Department of Computer Science
Mr. Fred H. Fisher, from 100% time Manager, User Services, Computer
Center, to 50% time Computer Center and 50% time Instructor of Com
puter Science, effective Fall Semester, 1977, at a salary rate of
$19,129 for twelve months.
38-9
10
3. Department of Elementary Education
Dr. John T. Thornton, Professor of Elementary Education, from
100% time at a salary rate of $23,250 for nine months to 55% time
at a salary rate of $12,787.50 for nine months, effective Fall
Semester, 1977. Dr. Thornton will be employed for the remaining
45% time as part-time principal in the Nacogdoches Independent
School District.
4. Department of English
Dr. Leslie Thompson, Professor of English, from 100% time to 50%
time in English and 50% time Director of Career Education Project at
a salary rate of $22,250 for nine months, effective Fall Semester,
1977. Dr. Thompson will also receive $1,000 as an administrative
supplement as Project Director for nine months, and will be employed
100% time during the Summer, 1978 as Project Director at a salary
rate of $7,666.67 for the summer.
Dr. Warren True, Visiting Lecturer in English, from 75% time for
the Fall Semester, 1977 and 50% for Spring at a- salary rate of
$7,812.50 to 100% time for Fall, 1977 and 50% time for Spring, 1978
at a salary rate of $9,375 for nine months. This increase in time
was necessitated by adding a section of English 222.
5. Department of Health and Physical Education
Mr. Joe Richardson, Instructor of HPE, from a salary rate of
$14,812 to salary rate of $15,000 for 75% teaching and 25% Swimming
Pool Supervisor for nine months, effective Fall Semester, 1977. This
is to correct a budget error.
6. Department of Management and Marketing
Dr. Janelle Ashley, from Professor of Management to Professor and
Acting Head of Department at a salary rate of $21,750 for nine months,
effective Fall Semester, 1977.
7. Department of Physics
Dr. James E. Nicholson, Associate Professor of Physics, from salary
rate of $17,250 to $17,500 for nine months, effective Fall Semester,
1977. This is to correct budget error.
8. Department of Psychology
Dr. Bruce Bailey, Assistant Professor of Psychology, from 100% time
in Psychology at a salary rate of $16,500 for nine months, to 75%
time in Psychology at $12,375 and 25% time as Co-Project Director for
University Year for Action grant at $4,125 for nine months, effective
Fall Semester, 1977.
38-10
11
Ms. Verna Barron, Assistant Professor of Psychology, from a salary
rate of $13,000 for nine months to $12,500 for nine months. Ms.
Barron failed to complete all requirements for the Ph.D. degree.
9. Department of Secondary Education
Ms. Charlene Crocker, Instructor of Secondary Education, at a
salary rate of $13,750 for nine months to $13,500 for nine months.
This is to correct budget error.
Ms. Hilda Harris, Instructor of Secondary Education, at a salary
rate of $12,750 for nine months to $13,000 for nine months. This is
to correct budget error.
Ms. Paulette Wright, Instructor of Secondary Education at a salary
rate of $13,750 for nine months to $13,500 for nine months. This is
to correct budget error.
10. Department of Sociology
Dr. Ben Dickerson, Associate Professor of Sociology, at a 100%
time salary rate of $20,750 to 75% time in Sociology at $15,562.50
and 25% time as Co-Project Director for University Year for Action
grant at $5,187.50, effective Fall Semester, 1977. Dr. Dickerson
will also receive $1,000 administrative supplement as Co-Director
of the UYA grant for nine months.
Mr. Michael D. Wiatrowski, from Assistant Professor of Sociology
at a salary rate of $15,000 for nine months, to Instructor of Sociology
at a salary rate of $13,000 for nine months, effective Fall Semester,
1977. Mr. Wiatrowski has not completed the Ph.D. degree.
11. Student Affairs Division
Mr. Gary Rushing, from hourly to full-time budgeted employment as
Assistant Food Production Supervisor for the University Center
Cafeteria at a salary rate of $8,400 for twelve months, effective
September 20, 1977.
Ms. Carolyn June Smith, from Information Desk Supervisor to Director
of Special Services for the University Center with a rate increase
from $6,070 to $7,800 for twelve months, effective September 1, 1977.
Ms. Smith is replacing Opal Gartman.
Mr. 0. D. Sterns, from Patrolman to Sergeant for the University
Police Department with a rate increase from $9,239 to $10,627
for twelve months, effective July 25, 1977. Mr. Sterns is replacing
Billy Baird.
38-11
12
12. Physical Plant
Mr. Carroll J. Bonnette, Electrical Foreman, at a salary rate of
$12,757 for twelve months, to Preventive Maintenance Supervisor at
a salary rate of $13,000 for twelve months, effective September 1
1977.
Mr. James B. Burns, Electrical Systems Specialist, at a salary
rate of $15,510 for twelve months, to Electrical Trades Supervisor
at $15,750 for twelve months, effective September 1, 1977.
Mr. Edmund M. Cutting, Controls Systems Specialist, to Acting
Manager Engineering and Work Control, effective September 1, 1977.
Mr. Thomas L. Holliman, HVAC Mechanic at $6.00 an hour for twelve
months, to Mechanical Trades Supervisor at $13,750 for twelve months,
effective September 1, 1977.
Mr. Harmond McCool, Mechanical Trades Supervisor, to Scheduler,
effective September 1, 1977.
Mr. Bill E. Newman, Electrician, at $5.17 an hour for twelve months
to an Electrical Foreman at $12,100 for twelve months, effective
September 1, 1977.
13. University Computer Center
Mr. John Cox from Programmer Analyst at a salary rate of $12,000
for twelve months to Programming Supervisor at a salary rate of
$12,500 for twelve months, effective July 1, 1977.
Mr. Morris Lang, from Data Base Administrator at a salary rate of
$14,500 to Data Base Administrator and Systems Programmer at a salary
rate of $16,000 for twelve months, effective September 6, 1977.
78-7
Upon motion of Regent Justice, seconded by Regent Wright, with all members
voting aye, it was ordered that the following request for leave be granted:
1. Department of Management and Marketing
Dr. Ed D. Roach, Professor of Management and Head of the Department
of Management and Marketing, for the 1977-78 academic year. Dr. Roach
will teach in a European Master of Science in Management program.
38-12
13
78-8
Upon motion of Regent Bryce, seconded by Regent.Todd, with all members
voting aye, it was ordered that the following promotions be approved.:
1. Department of Health and Physical Education
Ms. MargeAnn McMillan, from Instructor to Assistant Professor of
Health and Physical Education, effective September 1, 1977. Ms.
McMillan has completed requirements for promotion and has been
recommended by her department head and dean.
2. Department of Modern Languages
Dr. Bonnie C. Todd, from Instructor to Assistant Professor of
Modern Languages, effective January 1, 1978. Dr. Todd has completed
the requirements for the Ph.D. degree at Rice University (to be
awarded at the May, 1978 commencement) and has been recommended by
her department head and dean for this promotion.
78-9
Upon motion of Regent Wright, seconded by Regent Powers, with all members
voting aye, it was ordered that the following retirements be accepted:
1. Department of Management and Marketing
Mr. Charles K. Phillips, Instructor of Management, effective
August 31, 1977.
2. Student Affairs Division
Ms. Opal Gartman, Director of Special Services for the University
Cente.r, effective August 31, 1977.
78-10 \
Upon motion of Regent Bryce, seconded by Regent Todd, with all members voting
aye, it was ordered that the following policy governing emeritus status at
Stephen F. Austin State University be approved:
The title emeritus is an academic honor bestowed on retired members of the
professoriate in recognition of long and distinguished service to Stephen
F. Austin State University. It is not automatic upon retirement. Recom
mendations for emeritus status will be made along with other recom
mendations for rank and tenure annually and will follow normal channels.
Included with the nomination will be a brief summary of the individuals
accomplishments and worthiness of this honor. Ordinarily, the nominee
shall have served the University for a minimum of ten years, but this limit
may be waived by the President on evidence of extraordinary merit. Final
approval of emeritus status rests with the Board of Regents of Stephen F.
Austin State University.
38-13
14
Privileges and Responsibilities:
Persons of emeritus rank shall:
1. Be listed separately in the General Bulletin,
2. Be eligible for office space and laboratory facilities provided
space is available.
3. Be invited to academic and University functions.
4. Be invited to attend faculty meetings and extended the privileges
of the floor, but have no vote. The freedom of the floor is ex
tended at the discretion of the presiding officer.
5. Be granted the use of University services and facilities at rates
usual for regular faculty.
In addition, emeritus members of the faculty are expected to assist
the University in the areas of their competence when requested to do so,
particularly in an advisory fashion.
78-11
Upon motion of Regent Wright, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following Interim Policy on Faculty
Workloads be approved:
The standard teaching load at Stephen F. Austin State University is twelve
semester credit hours of instruction in organized undergraduate classes
each long term semester" The minimum load for each faculty member paid
full-time from the appropriations item ''Faculty Salaries ,'f excluding
teaching assistants who are pursuing degrees, is nine semester credit hours
of instruction in organized undergraduate classes each long term semester,
with adjustments only as follows:
1. One semester credit hour of organized graduate instruction
is equal to one and one-half semester credit hours of
organized undergraduate instruction;
2. One semester credit hour of teaching a large class (above 100)
is equal to one and one-half semester credit hours of
organized undergraduate instruction;
3. Where classes commonly meet more hours per week than the
semester credit hours granted (e.g., physical education,
laboratory classes, and clinical classes) classroom hours
shall aggregate to a minimum of 18 for a full-time load;
38-14
15
4. Teaching credit for the direction only of Master's theses and
doctoral dissertations shall be granted on the basis of
three semester hours of organized undergraduate instruction
for each three dissertations directed to completion and
three semester hours of organized undergraduate instruction
for each five Master's theses directed to completion;
50 Studio art and studio music instruction shall aggregate to a
minimum of 18 contact hours per week for a full-time load;
6. Practice or student teaching supervision, clinical super
vision, and intern supervision shall aggregate to a minimum of
of 24 contact hours per week for a full-time load.
Where a faculty member teaches in more than one of the adjustment cate
gories noted above, the teaching load shall be proportioned among the
categories, but the faculty member's teaching load must be equal to
at least nine semester credit hours of instruction in organized under
graduate classes. Where full-time faculty are paid partially from a
source of funds other than "Faculty Salaries,'1 the minimum teaching
workload shall be directly proportioned to the percentage of salary paid
from the appropriations item "Faculty Salaries."
All adjustments shall be approved by the Board of Regents of Stephen F.
Austin State University, and reported to the Coordinating Board, Texas
College and University System, the Governor's Planning and Budget
Office, and the Legislative Budget Board within 45 days after the close
of registration for each long term semester.
Exceptions to the foregoing limitations may be made as follows:
1. A reduced teaching load may be granted for a faculty
member who is head of a department or head of a
Comparable administrative unit.
2. A reduced teaching load may be granted for extraordinary
formal academic advising or significant administrative
responsibilities (temporary) relating to the institution
as a whole. The total of such reductions shall not exceed
one three-hour undergraduate organized course or its equiva
lent for every 3,000 credit hours generated by the insti
tution during the previous fiscal year.
3. No exception shall be made for coaching activities of
teachers who are also athletic coaches.
38-15
16
The aforementioned exceptions may be granted only upon approval of the
Board of Regents of Stephen F. Austin State University. Copies of the
approval shall be filed with the Coordinating Board, Texas College and
University System, the Comptroller of Public Accounts, the Governor's
Planning and Budget Office, and the Legislative Budget Board within 45
days after the close of registration for each long term semester.
78-12
Upon motion of Regent Golden, seconded by Regent Todd, with all members
voting aye, it was ordered that the following Interim Policy on Under-enrolled
Classes be approved:
The minimum enrollment permitted for the retention of an organized under
graduate class is 10; the minimum enrollment for the retention of an
organized graduate class is 5.
Exceptions to the foregoing limitations may be made as follows:
1, When enrollees' include students for whom the underenrolled
class is required for graduation/certification and
(a) the class will not be offered again prior to the
students1 planned graduation date, or
(b) no reasonable substitution can be made for this
degree requirement, or
(c) when a class drops below the minimum enrollment
after the date at which students may enroll for al
ternative courses,
the underenrolled course may be retained.
2. When the underenrolled course is part of the core require
ments for a newly initiated major program, it may be re
tained as an underenrolled class for a maximum of two
consecutive offerings, but not in consecutive terms. .
The aforementioned*exceptions may be granted only upon approval of the
Board of Regents of Stephen F. Austin State University. Copies of the
approval shall be filed with the Coordinating Board, Texas College and
University System,'within 60 days after the close of registration for each
long term semester and summer session.
An underenrolled class of the same course may not be offered in consecutive
semesters or summer sessions. . .
No underenrolled classes shall be offered in any subject if another class
section of the same course is being offered.
78-13
Upon motion of Regent Cullum, seconded by Regent Todd, with all members
voting aye, it was ordered that the underenrolled classes listed on the
following pages be approved for retention. (See pages 21 and 22)
38-16
17
78-14
Upon motion of Regent Justice, seconded by Regent Wright, with all members
voting aye, it was ordered that the following adjustments to faculty
workloads be approved:
Dr. David Lenhart - 4 semester credit hours - 100% Faculty Salaries.
[6 hours credit for Assistant Dean/Department
Head assignment] 10 semester hour equivalent
Dr. George Thompson - 6 semester credit hours - 100% Faculty
Salaries. [6 hours credit for program head,
Certificate Officer] 12 semester hour equivalent
Dr. J. H. Burr - 8 semester credit hours - 100% Faculty Salaries.
[2 hours credit for large class] 10 semester hour
equivalent
Dr. Victor Hoff - 7 semester credit hours - 100% Faculty Salaries.
[2 hours credit for large class; 1-1/2 hours credit
for additional contact hours] 10-1/2 semester hour
equivalent
Dr. Walter V. Robertson - 7 semester credit hours - 100% Faculty
Salaries. [2 hours credit for large class;
1-1/2 hours credit for graduate class]
10-1/2 semester hour equivalent
Dr. Homer Russell - 8 semester credit hours - 100% Faculty Salaries.
[2 hours credit for large class; 2 hours
credit for graduate class] 12 semester hour
equivalent
Dr. Byron Van Dover - 7 semester credit hours - 100% Faculty Salaries.
[2 hours credit for large class] 9 semester
hour equivalent
Dr. Leslie Thompson - 3 semester credit hours - 50% Faculty Salaries.
[3 hours credit for Graduate Coordinator] 12
semester hour equivalent
Dr. Leonard Burkhart - 6 semester credit hours - 75% Faculty Salaries.
[3 hours credit for thesis direction] 12 semes
ter hour equivalent
38-17
18
Dr. Ronald Anderson - 7 semester credit hours - 100% Faculty Salaries.
[4-1/2 hours credit for studio music instruc
tion] 11-1/2 semester hour equivalent
Dr. Dan Beaty - 6 semester credit hours - 100% Faculty Salaries. [6-1/2
hours credit for studio music instruction]
12-1/2 semester hour equivalent
Dr. Joel Duskin - 3 semester credit hours - 100% Faculty Salaries.
[9-1/2 hours credit for studio music instruc
tion] 12-1/2 semester hour equivalent
Mr. Brad Foley - 4 semester credit hours - 100% Faculty Salaries.
[9-1/2 hours credit for studio music instruc
tion] 13-1/2 semester hour equivalent
Dr. Cody A. Garner - 2 semester credit hours - 100% Faculty Salaries.
[7 hours credit for studio music instruction]
9 semester hour equivalent
Dr. Tyrone Greive - 5 semester credit hours - 100% Faculty Salaries.
[6 hours credit for studio music instruction]
11 semester hour equivalent
Dr. Darrell Holt - 6 semester credit hours - 100% Faculty Salaries.
[1-1/2 hours credit for studio music instruc
tion; 4-1/2 hours credit for additional contact
hours] 12 semester hour equivalent
Ms. Eva D. Bailey - 0 semester credit hours - 20% Faculty Salaries.
[2 hours credit for studio music instruction] 10
semester hour equivalent
Dr. Thomas M. Houston - 1 semester credit hour - 100% Faculty Salaries.
[12-3/4 hours credit for studio music instruction]
13-3/4 semester hour equivalent
Dr. David W. Jones - 2 semester credit hours - 100% Faculty Salaries.
[9-3/4 hours credit for studio music instruction]
11-3/4 semester hour equivalent
Mr. Thomas E. Mayhew - 6 semester credit hours - 100% Faculty Salaries.
[5-1/2 hours credit for studio music instruction]
11-1/2 semester hour equivalent
38-18
19
Mr. Melvin Montgomery - 5 semester credit hours - 100% Faculty Salaries.
[3-1/4 hours credit for studio music instruction; 3
hours credit for additional contact hours; 1/2 hour
credit for large class] 11-3/4 semester hour equiv
alent
Mr. Max L. Morley - 1 semester credit hour - 100% Faculty Salaries.
[11-1/4 hours credit for studio music instruction]
12-1/4 semester hour equivalent
Ms. Deborah Thomas - 0 semester credit hours - 100% Faculty Salaries.
[11-1/4 hours credit for studio music instruction]
11-1/4 semester hour equivalent
*Mr. Clifford Smith - 6 semester credit hours - 100% Faculty Salaries.
[3 hours credit as costume and make-up designer
for two major productions] 9 semester hour equiva
lent
Teaching load reductions of 3 - 6 semester credit hours are granted to the
following faculty who serve as Department Heads. Each Department Head
has a 12-semester-hour equivalent load.
*Dr. John D. Whitt - 100% Faculty Salaries.
*Dr. Ralph White - 100% Faculty Salaries.
*Dr. T. J. Stanly - 100% Faculty Salaries.
-Dr. Russell C. Faulkner - 100% Faculty Salaries.
*Mr. Jon D. Wink - 100% Faculty Salaries.
*Dr. Jacob A. Seaton - 100% Faculty Salaries.
*Dr. Robert T. Ramsey - 100% Faculty Salaries.
#Dr. Jarrell C. Grout - 100% Faculty Salaries.
*Dr. Charles W. Brown - 100% Faculty Salaries.
*Dr. Thomas D. Franks - 100% Faculty Salaries.
*Dr. Roy E. Cain - 100% Faculty Salaries.
38-19
20
*Dr. Leon C. Hallman - 100% Faculty Salaries.
#Dr. Raymond Steinhoff - 100% Faculty Salaries.
*Dr. Carl R. Right - 100% Faculty Salaries.
*D-r. June Irwin - 100% Faculty Salaries.
*Dr. William J. Brophy - 100% Faculty Salaries.
*Dr. Gloria E. Durr - 100% Faculty Salaries.
*Dr. Janelle C. Ashley - 100% Faculty Salaries.
*Dr. W.I. Layton - 100% Faculty Salaries.
*Dr. Carl Keul - 100% Faculty Salaries.
*Dr. Robert L. Blocker - 100% Faculty Salaries.
*Dr. John P. Decker - 100% Faculty Salaries.
*Dr. Joe E. Ericson - 100% Faculty Salaries.
*Dr. Heinz Gaylord - 100% Faculty Salaries.
*Dr. Bill W. Hamrick - 100% Faculty Salaries.
*Dr. Morgan C. Moses - 100% Faculty Salaries.
*Dr. Joy B. Reeves - 100% Faculty Salaries.
*Dr. Thomas K. Heino - 100% Faculty Salaries.
*These items constitute "exceptions" under the Policy on Faculty Workloads.
38-20
Underenrolled Classes Fall 1977
Course Credit
Hours
Number
Students
Instructor Reason
00
ADS 401 Executive Shorthand
AGR 481 Program Building
MUS 139 Improvisation
MUS 204 Strings Class I
THR 343 Oral Interpretation
Price Required with senior students
45 8-36-1339 enrolled.
Green Required with senior students
460-60-9551 enrolled.
Holt
453-62-4761
Grieve
480-60-1211
Heino
333-32-8416
Dropped below minimum after
10 class days .
Required course in a sequence
for strings students.
Required with senior students
enrolled.
THR 435 Stage Lighting Theory & Techniques Matthys Required with senior students
460-62-6855 enrolled.
THR 521 Makers of Modern Theatre
FOR 345 Timber Mechanics
Waters
510-22-3991
Cutter
030-34-1261
Seminar work is required of
graduate majors. Only seminar
offered this term.
Required with senior students
enrolled.
FOR 455 Forestry Tree Improvement
ENG 411 English as Foreign Language
Rink
128-32-2943
Quinn
553-32-1221
Dropped below minimum after
10 class days .
Required course in new bilingual
program.
-21-
HIS 547 USA 1865-1898
FRE 303 Advanced Grammar & Composition
SOC 212 Police Community Relations
MTH 439 Advanced Calculus I
Dugas
462-68-2620
Moses
449-48-6481
Wiatrowski
252-74-0551
Clark
447-32-0254
Dropped below minimum after
10 class days .
Dropped below minimum after
10 class days .
Dropped below minimum after
10 class days .
Required with senior students
enrolled.
ART 381 Primitive Art Ford Required with senior students
439-54-4906 enrolled.
00
ro
-22-
23
78-15
Upon motion of Regent Justice, seconded by Regent Todd, with all members voting
aye, it was ordered that the following curriculum items, approved by the Uni
versity Undergraduate and Graduate Curriculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number
Accounting 101
Accounting 433
Accounting 449
Art 497
Computer Science 202
Computer Science 244
Computer Science 326
Economics & Finance 368
Elementary Education 111 AB
Elementary Education 300
Elementary Education 351ABCDEF
Elementary Education 371ABCDEF
Title Hours Credit
Elementary Education 492
English & Philosophy 375
HPE 234
History 302
History 312
History 313
History 490
Home Economics 323
Home Economics 332
Home Economics 372
Music 170
Nursing 310
Nursing 311
Nursing 312
Nursing 313
Nursing 322
Nursing 323
Nursing 410
Nursing 411
Nursing 420
Nursing 421
Political Science 305
Psychology 399
Psychology 498
School Services 488
Small Business Accounting 3
Advanced Cost Accounting 3
C.P.A. Problems 3
Art Topics 3
Computer Programming Principles 3
Computer Architecture Basics 3
Data Base and File Oriented Systems 3
Real Estate Appraisal 3
Increasing Reading Proficiency 2
TYC Admission Seminar 3
Competencies in Teaching Young Children 4
Topics in Early Childhood Content Areas
(to be designated) 1
Introduction to Outdoor Education 3
Independent Study 1
Innovative Team Sports 2
Global Diplomacy 3
Topics in European Social, Cultural
and Intellectual History 3
Topics in World History 3
Undergraduate Seminar 3
Clothing for Human Growth and Develop
ment 3
Demonstration Techniques 1
Occupational Programs in Home Economics 1
Diction for Singers 1-3
Theoretical Concepts and the Nursing
Process 3
Clinical Application of Nursing
Concepts and Process 5
Pathophysiology I 3
Pathophysiology II 3
Community Health 3
Research in Nursing 3
Nursing in Unpredictable Crisis
Periods 5
Leadership and Management in Health
Care 3
Independent Study 4-7
Topics in Current Nursing Practice < 3
Topics in American Politics 3
Practicum in Mental Health Services 3
Current Topics in Psychology 3
Childrens Protection Services 3
38-23
24
COURSES ADDED:
Department and Number
Secondary Education 428
Sociology 310
Sociology 391
Sociology 413
Sociology 430
Sociology 477
Sociology 489
Sociology 490
Title Hours Credit
Problems and Procedures for Teaching
Reading in Secondary Schools
Fish and Game Law Enforcement
Juvenile Justice Administration
Supervision for Criminal Justice
Personnel
Problems of the Elderly in Nursing Homes
Topics in Sociology
Interviewing and interrogation
Criminal Justice Planning
3
3
3
3
3
3
3
3
COURSES TO BE REVISED: (Curriculum Committee)
Home Economics 331
ianism (1920-1945)(3)
Experimental and Demon
stration Cookery(4)
331
New Title and Credit
Applied Operations Research(3)
Organization of Programming
Languages(3)
English Literature: The
Renaissance(3)
Marksmanship(2)
The History of...(1)
American Diplomatic History(3)
Topics in American Political
& Economic History(3)
Topics in American Society(3)
Topics in European Political
and Economic History(3)
History of England(3)
History of Russia(3)
History of Texas(3)
The American South(3)
Nazi Germany(3)
Experimental Cookery(3)
38-24
COURSES TO BE REVISED: (Continued)
Department and
Number
Home Economics 419
Home Economics 420
Music 270
Music 350
Physics 470AB
Political Sci« 311
Psychology 475
Psychology 495
Sociology 111
Title and Credit
New
No.
Merchandising Proce- 419
dures in Fashion(3)
Practicum in Fashion(6) 420
Hymnology (3) 349
Afro-American Music(3) 350
Seminar in Physics(1) 470AB
Politics of American 311
Ethnic Minorities(3)
Special Problems, 475
Seminar in Research
Techniques(3)
Developmental Psycho- 495
pathology(3)
Police Role in Crime 111
and Delinquency
25
New Title and Credit
Merchandising Procedures(3)
Practicum(6)
Hymnology(3)
Popular Music in Air.erica(3)
Individual Instruction in
Technical Presentations(1)
Politics of American
Minorities(3)
Special Problems(3)
Child Clinical(3)
The Role of the Criminal Justice
System and Delinquency
Problem(3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Administrative Services 475
Computer Science 411
Economics & Finance 360
English & Philosophy 400
English & Philosophy 401H
English & Philosophy 402H
History 303
History 342
History 352
History 423
History 428
Music 271
Music 370
Music 470
Music 471
Music 472
Nursing 300
Nursing 302
Nursing 400
Nursing 401
Nursing 402
Title and Credit
Special Problems (3)
Computer Center Management (3)
Comparative Economic Systems (3)
English Literature: The Sixteenth Century (3)
Liberal Arts Colloquium VII (1)
Liberal Arts Honors Projects (1)
Diplomatic History of the United States
II (1877-present) (3)
History of England II (1500-present) (3)
History of Russia II (1900-pre.sent) (3)
History of Texas II (1865-present) (3)
The New South (3)
Service Playing (2)
Music and Worshop (Liturgies) (3)
Church Music Seminar (3)
Organ Pedagogy (2)
Vocal Pedagogy (2)
Study of Individuals and Their Families
During Crises Situations (3)
Study of Unpredictable Life Cycle Crises
(Part I) (8)
The Study of. Unpredictable Life Cycle
Crises (Part II) (8)
Nursing Elective (3)
Advanced Functions of the Primary Nurse
Practitioner (8)
38-25
COURSES TO-BE DELETED: (Continued)
Department and Number
Political Science 309
Title and Credit
Women in American Politics (3)
26
COURSES ADDED: (Graduate Council)
Department and Number
Agriculture 516
Art 560
Elementary Education 492G
Elementary Education 591
Elementary Education 592
Elementary Education 593
Home Economics 548
Music 509
Music 513
Music 525
Music 533
Secondary Education 580
Title
History of Philosophy of Vocational
Education(3)
Art Topics
Introduction to Outdoor Education
The Middle School: History, Philosophy,
and Organization
The Middle School: The Emerging Adoles
cent and His Teacher
The Middle-School Curriculum
Technical/Occupational Careers in
Vocational Education
Advanced Marching Band Techniques
Instrumental Pedagogy
Literature for Solo Voice
Applied Music
Classroom Testing, Grading, Reporting
Hours Credit
3
3
3
3
3
3
1
3
3
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Admin. Services 521
English 410G
Physics 570AB
Psychology 495G
Title and Credit
Business Education
Workshop(1)
English Literature:
The Seventeenth
Century(3)
Seminar in Physics(1)
Developmental Psycho-pathology(
3)
New
No.
521
410G
570AB
495G
New Title and Credit
Business Education- Workshop
(1-3)
English Literature: The
Renaissance(3)
Individual Instruction in
Technical Presentation(l)
Child Clinical(3)
38-26
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
27
Administrative Services 515
English 400G
Music 581
Music 574
Seminar in Distributive Education (3)
English Literature: The Sixteenth Century (3)
Problems in Teaching College Music Intern
ship (3)
Special Studies in Music (1-9)
The following courses are being deleted due to the fact that they have not been
offered in the past two years:
Department and Number
Agriculture 454
Art 233
Art 273
Art 274
Art 301
Art 337
Art 341
Art 345
Art 357
Art 445
Art 461
Art 466
Biology 300B
Biology 476
Chemistry 489
Communication 506
Communication 520
Elementary Education 100
Elementary Education 200
Elementary Education 300
Elementary Education 400
Elementary Education 491
Elementary Education 491G
English & Philosophy 134
English & Philosophy 135
English &.Philosophy 202H
English & Philosophy 415
English & Philosophy 415G
English & Philosophy 456
English & Philosophy 456G
English & Philosophy 551
Title and Credit
Ag Co-op (3)
Art Appreciation (3)
Art History Survey I (3)
Art History Survey II (3)
Sculpture I (3)
Modern Art (3)
Painting III (3)
Printmaking I (3)
Sculpture II (3)
Printmaking II (3)
Painting IV (3)
Printmaking III (3)
Contemporary Biology (3)
Special Problems (3)
Special Problems (3)
Writing for Special Publications (3)
Seminar in Persuasion (3)
CD.A. Competency Based Early Childhood
Training I & II (6)
CD.A. Competency Based Early Childhood
Training in & iv (G)
CD.A. Competency Based Early Childhood
Training V & VI (6)
CD.A. Competency Based Early Childhood
Training VII & VIII (6)
Electronic Media in Education (3)
Electronic Media in Education (3)
Composition and Rhetoric: Literature (3)
English Composition for Music Students (3)
Liberal Arts Colloquium IV (1)
American Literature: Colonial and
Revolutionary Periods (3)
American Literature: Colonial and
Revolutionary Periods (3)
American Philosophy (3)
American Philosophy (3)
Special Studies in Literature (3)
38-27
Deletions (Continued)
Department and Number
Forestry 420
Forestry 420L
• Forestry-420G
Forestry 420GL
Forestry 485
Forestry 509
Forestry 577
Forestry 629
Forestry 629L
Geology 476
HPE 477
HPE 583
HPE 584
History 548
Mathemetics & Statistics 505
Mathematics & Statistics 506
Mathematics & Statistics 509
Mathematics & Statistics 510
Modern Languages 111
Modern Languages 112
Modern Languages 501
Modern Languages 502
Modern Languages 503
Modern Languages 504
Modern Languages 505
Modern Languages 508
Modern Languages 509
Modern Languages 510
Modern Languages 512
Modern Languages 515
Modern Languages 535
Modern Languages 550
Modern Languages 589
Modern Languages 590
Music 209 .
Music 210
Music 219
Music 220
Music 409
Music 419
Music 398H
Music 4.22 AB
Music 498H
Physics 241
Physics 312
Psychology 280
Psychology 530
28
Title and Credit
Wood Microstructure (2)
Wood Microstructure (1)
Wood Microstructure (3)
Wood Microstructure (1)
(1-3)
Hydrologic Analysis (3)
Doctoral Problems (3).
Advance Forest Entomology (2)
Advance Forest Entomology (1)
Special Problems (1-4)
Advanced Methods and Techniques in
Athletic Coaching (3)
Innovations in Driver and Traffic Safety
Education (3)
Administration and Supervision of Multiphase
Driver Education (3)
Latin American Studies (3)
General Topology '(3)
General Topology (3)
Introduction of Higher Geometry (3)
Introduction of Higher Geometry (3)
Reading Spanish (3)
Reading Spanish (3)
French Novel (3)
French Novel (3)
16th Century French Literature (3)
18th Century French Literature (3)
. 20th Century French Drama (3)
French Syntax (3)
French Poetry (3)
Old French Language Literature (3)
Applied French Linguistics (3)
French Cultural Institutions (3)
Special Studies in French Language and
Literature (3)
Research in Modern Languages "(German) (3)
Thesis Research (French) (3)
Thesis Writing (French) (3)
Applied Strings (1-3)
Applied Band Instruments (1-3)
Applied Strings (1-3)
Applied Band Instruments (1-3)
Applied Strings (1-3)
Applied Strings (1-3)
Honors Reading and Research (3)
Instrumental Workshop (3)
Honors Reading and Research (3)
Technical Physics I (4)
Radiation in Nature (4)
Comparative Psychology (3)
Curriculum Development for Secondary Teachers
of Psychology: Scientific Topics (3)
38-28
Deletions (Continued)
Department and Number
Psychology 531
School Services 436
School Servides 437
Secondary Education 231
Secondary Education 403
Secondary Education 404
Secondary Education 420
Secondary Education 450
Secondary Education 586
Sociology 241
Sociology 446
Sociology 581
29
JlnsL
Curriculum Development for Secondary
Teachers of Psychology: CJinicnl Topics (3)
Field Studies in Special Education (3)
Children with Learning Disabilities (3)
An Introduction to Education (3)
Career Education and the World of Work (3)
Curriculum Construction in Career
Education (3)
Teacher and the Law (3)
Secondary School Curriculum
Seminar in Career Education
American Minorities (3)
Environmental Sociology (3)
Teaching of Sociology (3)
(3)
(3)
38-29
30
78-16
Upon motion of Regent Justice, seconded by Regent Golden, with all members
voting aye, it was ordered that the final FY1977 budget positions, as
detailed in the August 31, 1977 Monthly Report of Operations, be 'approved;
and that the University be authorized to transfer $81,837.72 from Pledged
Property Surplus Funds to the Auxiliary Enterprise Funds to cover the
deficit balance therein as of August 31, 1977.
78-17
Upon motion of Regent Powers, seconded by Regent Wright, with all members
voting aye, it was ordered that the University be authorized to transfer
$42,654.00 from Pledged Property Surplus to Student Work Study Funds.
78-18
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that the University be authorized to transfer
$45,247.77 of forfeited student property deposits to supply the resources
for the Student Union activity program for the FY1977.
78-19
Upon motion of Regent Golden, seconded by Regent Todd, with all members
voting aye, it was ordered that the following budget adjustments for FY1978
be approved:
1. Add $3,000 to Account 1802-9300--Office of Legal Counsel
from: Education and General Surplus
2. Add $2,250 to Account 5170-9300--Music Activities Operation $ Maintenance
from: Pledged Property Surplus
78-20
Upon motion of Regent Justice, seconded by Regent Cullum, with all members
voting aye, it was ordered that the Bond Resolution for the issuance of
$650,000 of General Fee Bonds, Series 1977, be approved and the Chairman of
the Board be authorized to sign the necessary various legal documents as
prepared by McCall, Parkhurst, and Horton, as follows:
38-30
31
CERTIFICATE FOR
RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY GENERAL FEE REVENUE BONDS
SERIES 1977, $650,000 '
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
We, the undersigned officers of the Board of Regents of said University,
hereby certify as follows:
1. The.Board of Regents of said University convened in REGULAR MEETING
ON THE 4TH DAY OF NOVEMBER, 1977, at the regular designated meeting place,
and the roll was called of the duly constituted officers and members of said
Board, to-wit:
James I. Perkins, Chairman • Ernest Powers
Glenn Justice, Vice Chairman Walter C. Todd
Homer Bryce Mrs. Tom Wright
Mrs. George Cullum, Jr.
Joe Bob Golden (one vacancy)
Charles 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 GENERAL FEE REVENUE 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 flAyelf.
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 Board's minutes of said Meeting; that the above and fore
going 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
38-31
32
chosen, qualified, and acting officers and members of said Board as indi
cated therein; that each of the officers and members of said Board was
duly and sufficiently notified officially and personally, 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 each
or said officers and members consented, in advance, to the holding of said
Meeting for such purpose; and that said Meeting was open to the public
and public notice of the time, place, and purpose of said meeting was given
all as required by Vernon's Ann. Civ. St. Article 6252-17.
SIGNED AND SEALED the 4th day of November, 1977.
/s/ C. G. Haas
Secretary, Board of Regents
SEAL
/s/ James
Chairman,
I. Perkins
Board of Regents
RESOLUTION
AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY GENERAL FEE
REVENUE BONDS, SERIES 1977, $650,000
WHEREAS, the Board of Regents of Stephen F. Austin State University is
Code°rand ^ ^^ ^^ *" aCCOrdance with chaPter 55 of the Texas Education
WHEREAS, it is hereby officially found and determined: that a case of
emergency or urgent public necessity exists which requires the holding of the
meeting at which this Resolution is adopted, such emergency or urgent public
necessity being that the proceeds from the sale of the proposed bonds are
required as soon as possible and without delay for necessary and urgently
needed public improvements; and that said meeting was open to the public
and public notice of the time, place, and purpose of said meeting was given,
all as required by Vernon's Ann. Civ. St. Article 6252-17.
" RES°LVED BY ™E B0ARD 0F REGENTS 0F STEPHEN F. AUSTIN
Section 1 That said Board's negotiable, serial, coupon bonds, to be
designated as BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY GENERAL
FEE REVENUE BONDS, SERIES 1977, hereinafter sometimes called -.Series 1977
Bonds or "Bonds", are hereby authorized to be issued and delivered in'the
principal amount of $650,000, for the purpose of providing funds to purchase
land, improve existing facilities, and construct and equip buildings struc
tures and facilities, for and on behalf of the University on its campus at
Nacogdoches, Texas, to-wit:
University health service facility.
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Section 2. That the Bonds shall be dated December 1, 1977, shall be
numbered consecutively from 1 through 130, shall be in the denomination
of $5,000 each, and shall become due and payable serially on August 1 in
each of the years, and in the amounts, respectively, as set forth in the fol
lowing schedule:
YEARS
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
AMOUNTS
20,000
20,000
20,000
20,000
25,000
25,000
25,000
25,000
30,000
30,000
YEARS
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
AMOUNTS
30,000
35,000
35,000
35,000
40,000
40,000
45,000
50,000
50,000
50,000
Section 3. That the Bonds scheduled to mature during the years re
spectively, set forth below shall bear interest at the following rates per
annum: r
maturities 1979 through 1987, 6.00%
maturities 1988,
maturities 1989,
maturities 1990,
4.
4.
4.
75%
80%
90%
maturities 1991 through 1998, 5.00%
Said interest shall be evidenced by interest coupons which shall appertain to
said bonds, and which shall be payable in the manner provided and on the dates
stated in the FORM OF BOND set forth in this Resolution.
Section 4. That said Bonds and interest coupons shall be issued, shall
be payable, may be redeemed prior to their scheduled maturities,-shall have
the characteristics, and shall be signed and executed' (and said bonds shall
be sealed), all as provided, and in the manner indicated, in the FORM OF BOND
set forth in this RESOLUTION.
Section 5. That the form of said Bonds, including the form of Regis
tration Certificate of the Comptroller of Public Accounts of the State of
Texas to be imprinted and endorsed on each of said bonds, and the form of the
aforesaid interest coupons which shall appertain and be attached initially
to each of said bonds, shall be, respectively, substantially as follows:
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FORM OF BOND
N0< $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
STEPHEN F. AUSTIN STATE UNIVERSITY
GENERAL FEE REVENUE BOND
SERIES 1977
ON AUGUST 1, 19 , THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE
UNIVERSITY, for and on behalf of Stephen F. Austin State University,
promises to pay to bearer hereof the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from date hereof, at the rate of % per
annum, evidenced by interest coupons payable August 1, 1978, and semi-annually
thereafter while this bond is outstanding.
THE PRINCIPAL of this bond and the interest coupons appertaining hereto
shall be payable to bearer, in lawful money of the United States of America
without exchange or collection charges to the bearer, upon presentation and"
surrender of this bond or proper interest coupon, at the following, which
shall constitute and be defined as the "Paying Agent" for this Series of
Bonds:
COMMERCIAL NATIONAL BANK, NACOGDOCHES, TEXAS
OR AT THE OPTION OF THE HOLDER, AT THE CHASE
MANHATTAN BANK, N. A., NEW YORK, NEW YORK
THIS BOND is one of a Series of negotiable, serial, coupon bonds dated
December 1, 1977, issued in the principal amount of $650,000, for the purpose
of providing funds to purchase land, improve existing facilities-and con
struct and equip buildings, structures and facilities, for and on behalf of
the University on its campus at Nacogdoches, Texas, to-wit: University
Health Service Facility.
ON AUGUST 1, 1988, or on any interest payment date thereafter any
outstanding bonds of this Series may be redeemed prior to their scheduled
maturities, at the option of said Board, in whole or in part, for the principal
amount thereof and accrued interest thereon to the date fixed for redemption
At least thirty days prior to the date fixed for any such redemption said
Board shall cause a written notice of such redemption to be published at
least once in a financial publication published in the City of New York NY or
in the City of Austin, Texas. By the date fixed for any such redemption ' "
due provision shall be made with the "Paying Agent" for the payment of the
principal amount of the bonds which are to be so redeemed and accrued interest
thereon to the date fixed for redemption. If such written notice of re-
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demption is published and if due provision for such payment is made, all as
provided above, the bonds which are to be so redeemed thereby automatically
shall be redeemed prior to their scheduled maturities, and they shall not
bear interest after the date fixed for redemption, and they shall not be
regarded as being outstanding except for the right of the bearer to receive
the redemption price from the "Paying Agent" out of the funds provided for
such payment.
IT IS HEREBY certified, recited, and covenanted that this bond has been
duly^and validly issued and delivered; that all acts, conditions, and things
required or proper to be performed, exist, and be done precedent to or in
the issuance and delivery of this bond have been performed, existed, and been
done in accordance with law; and that the interest on and principal of this
bond and the Series of which it is a part, together with other outstanding
revenue bonds, are secured by and payable from an irrevocable first lien
on and pledge of the General Fees, annual interest grants received from the
United States Department of Health, Education and Welfare, in connection
with the bonds, and other revenues, collectively defined as "Pledged
Revenues" and specifically described in the Resolution authorizing this
Series of bonds.
SAID BOARD has reserved the right, subject to the restrictions stated
in the Resolution authorizing this series of bonds, to issue additional
parity revenue bonds which also may be made payable from, and secured by a
first lien on and pledge of, the aforesaid Pledged Revenues.
THE HOLDER HEREOF shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation.
IN WITNESS WHEREOF, this bond and the interest coupons appertaining
hereto have been signed with the facsimile signature of the Chairman of
said Board and countersigned with the facsimile signature of the Secretary
of said Board, and the official seal of said Board has been duly impressed,
or placed in facsimile, on this bond.
xxxxx xxxxx
Secretary, Board of Regents Chairman, Board of Regents
FORM OF REGISTRATION CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this bond has been examined, certified as to
validity, and approved by the Attorney General of the State of Texas, and
that this bond has been registered by the Comptroller of Public Accounts of
the State of Texas.
Witness my signature and seal this
xxxxx
Comptroller of Public Accounts
oo orof the State of Texas
jo-jj
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FORM OF INTEREST COUPON:
NO.
ON , ,
THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, for and on be
half of Stephen F. Austin State University, promises to pay to bearer the
amount shown on this interest coupon, in lawful money of the United States
of America, without exchange or collection charges to the bearer, unless
due provision has been made for the redemption prior to scheduled maturity
of the bond to which this interest coupon appertains, upon presentation
and surrender of this interest coupon, at the COMMERCIAL NATIONAL BANK,
NACOGDOCHES, TEXAS, OR AT THE OPTION OF THE HOLDER, AT THE CHASE MANHATTAN
BANK, N.A., NEW YORK, NEW YORK, said amount being interest coming due that
day on the bond, bearing the number hereinafter designated, of that issue
of the BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY GENERAL FEE
REVENUE BONDS, SERIES 1977, dated December 1, 1977. The holder hereof
shall never have the right to demand payment of this obligation out of any
funds raised or to be raised by taxation. Bond No.
xxxxx xxxxx
Secretary, Board of Regents Chairman, Board of Regents
Section 6. That throughout this Resolution, the following terms as
used herein shall have the meanings set forth below, unless the text hereof
specifically indicates otherwise;
The term "Additional Bonds" shall mean the additional parity revenue
bonds permitted to be authorized in this Resolution.
The term "Board" shall mean the Board of Regents of Stephen F. Austin
State University. ' .
The term "Bonds" shall mean collectively the Board of Regents of
Stephen F. Austin State University General Fee Revenue Bonds, Series 1972,
authorized by Resolution of the Board on March 7, 1972, "Series 1972 Bonds",
and the Board of Regents of Stephen F. Austin State University General Fee /
Revenue Bonds, Series 1973, authorized by Resolution of the Board on March 27,
1973, "Series 1973 Bonds", and the Board of Regents of Stephen F. Austin
State University General Fee Revenue Bonds, Series 1977, authorized by this
Resolution (the "Series 1977 Bonds").
The term "General Fee" shall mean the gross collections of the general
fee fixed, charged, and collected from all students (excepting any category
of students now exempt from paying fees by Chapter 54 of the Education Code)
regularly enrolled in the University, commencing and effective with the
regular 1977 fall semester, for the use and availability of the University,
in the manner and to the extent provided in this Resolution, and as authorized
by Chapter 55 of the Texas Education Code.
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The term "Outstanding11, when used with reference to Bonds or Ad
ditional Bonds, and as of a particular date, or time, shall mean all Bonds
and Additional Bonds theretofore issued and not cancelled except Bonds or
Additional Bonds for the payment or redemption of which cash or federal
securities (direct obligations of the United States government) equivalent
to cash, equal to the principal amount thereof or redemption price thereof,
or with interest to date of maturity or redemption date, shall be held by
the Paying Agent therefor, provided that if such Bonds or Additional Bonds
are to be redeemed prior to date of maturity, notice of redemption shall
have been given as provided in the resolution or resolutions authorizing
such Bonds or Additional Bonds.
The term "Pledged Revenues" shall mean collectively, the General Fee
and annual interest grants received from the United States, Department of
Health, Education and Welfare, in connection with the bonds, together with
any additional revenues, income, receipts, or other resources, including,
without limitation, any grants, donations, or income received or to be
received from the United States government, or any other public or private
source, whether pursuant to an agreement or otherwise, which hereafter may
be pledged to the payment of the Bonds or the Additional Bonds.
The term "University" shall mean the Stephen F. Austin State University.
Section 7. (a) That the Board of Regents of Stephen F. Austin State
University General Fee Revenue Bonds, Series 1977, authorized by this
Resolution are "Additional Bonds" as permitted by Sections 22, 23 and 24 of
the Resolution that authorized the issuance of the Series 1972 Bonds, and it
is hereby determined, declared and resolved that all of the Bonds are and
shall be secured and payable equally and ratably on a parity, and that
Sections 8 through 25 of this Resolution are supplemental cumulative of
Sections 8 through 25 of the Resolution that authorized the Series 1972
Bonds, with said sections being equally applicable to all of the bonds, ex
cept as modified hereby.
(b) That the Bonds and any Additional Bonds, and the interest thereon,
are and shall be secured by and payable from an irrevocable first lien on
and pledge of the Pledged Revenues.
Section 8. That the Bonds and any Additional Bonds and interest
coupons appertaining thereto shall constitute special obligations of the
Board, payable solely from the Pledged Revenues, and such obligations shall
not constitute a prohibited indebtedness of the University, the "Board, or
the State of Texas, and the holders of the Bonds and Additional Bonds and
the coupons attached thereto shall never have the right to demand payment
out of funds raised or to be raised by taxation.
Section 9. (a) That the Board covenants and agrees to fix, levy,
charge, and collect the General Fee from all students (excepting any
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category of students now exempt from paying fees by Chapter 54 of the Edu
cation Code) enrolled in the University at each regular fall and spring
semester and at each term of each summer session, for the general use and
availability of the University, in such amounts, without any limitation
whatsoever, as will be at least sufficient at all times to provide, to
gether with other Pledged Revenues, the money for making all deposits
required to be made to the credit of the Interest and Sinking Fund and
Reserve Fund in connection with the Bonds and any Additional Bonds.
(b) That it is hereby resolved, declared, and confirmed that, com
mencing and effective with the regular 1977 fall semester of the University,
the General Fee has been and is hereby fixed and levied, and was and shall
be charged and collected at the rates as follows:
Per Summer Session Term
(c) That the General Fee shall be increased if and when required by
this Section, and may be decreased, so long as all Pledged Revenues are
sufficient to provide the money for making all deposits required to be. made
to the credit of the Interest and Sinking Fund and Reserve Fund in connection
with the Bonds and any Additional Bonds. All such changes in the General
Fee shall be made by resolution of the Board, but such procedure shall not
constitute.or.be regarded as an amendment of this Resolution, but merely
the carrying out of the provisions hereof.
(d) That it is specifically found and determined by the Board that the
Series 1977 Bonds are issued pursuant to Section 55.17 of the Education Code,
to be secured by a pledge of an unlimited use fee (the General Fee), and that
(1) the estimated maximum amount per semester hour of the pledged General
Fee (based on current enrollment and conditions) during any future semester
to provide for the payment of the principal of and interest on the Series 1977
•Bonds when due, together with (2) the aggregate amount of all use fees which
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were levied on a semester hour basis for the now current fall semester of
1977 to pay the principal of and interest on all previously issued bonds,
do not exceed $6.00 per semester hour; and it is hereby further found and
determined that the aggregate of all use fees levied on a semester hour basis
for the now current fall semester was not more than $6.00 per semester hours,
which amount includes the aforesaid pledged General Fee in the amount of
not more than $4.74 per semester hour, which is more than sufficient (based
on current enrollment and conditions) to provide, for the current semester
and each future semester, for the payment of the principal of and interest
on all of the Bonds, including the Series 1977 Bonds.
Section 10. That there is hereby created and shall be established on
the books of the University a separate account to be entitled the "Revenue
Fund11, hereinafter called "Revenue Fund". All collections of the General
Fee and annual interest grants received from the United States, Department
of Health, Education and Welfare, in connection with the Bonds, and any
other Pledged Revenues shall be credited to the Revenue Fund.
Section 11. That to pay the principal of and interest on all out
standing Bonds and any Additional Bonds, as the same comes due, there is
hereby created and shall be established at an official depository of the
University, which must be a member of the Federal Deposit Insurance Corpo
ration, a separate Fund to be entitled "General Fee Revenue Bond Interest
and Sinking Fund", hereinafter sometimes called "Interest and Sinking Fund".
Section 12. That there is hereby created and shall be established at
an official depository of the University (which must be a member of the
Federal Deposit Insurance Corporation) a separate fund to be entitled
"General Fee Revenue Bond Reserve Fund", hereinafter sometimes called
"Reserve Fund", which shall be used finally in retiring the last of its
Outstanding Bonds and any Additional Bonds, or for payment of the principal
of and interest on any Outstanding Bonds and Additional Bonds, when and "to
the extent the amount in the. Interest and Sinking Fund is otherwise insuf
ficient for such purpose.
Section 13. Money in any Fund maintained pursuant to this Resolution
may, at the option of the Board, be placed in time deposits or invested in
direct obligations of, or obligations, the principal of and interest on
which are guaranteed by, the United States of America, and evidences of
indebtedness of the Federal Land Banks, Federal Intermediate Credit Banks,
Banks for Cooperatives, Federal Home Loan Banks, or Federal. National
Mortgage Association; provided that all such deposits and investments shall
be made in such manner that the money required to be expended from any
Fund will be available at the proper time or times. Such investments shall
be valued in terms of current market value as of the last day of February
and August of each year. Interest and income derived from such deposits and
investments shall be credited to the Fund from which the deposit or invest
ment was made. Such investments shall be sold promptly when necessary to
prevent any default in connection with the Bonds or Additional Bonds.
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Section 14. That all money in all Funds created by this Resolution,
to the extent not invested, shall be secured in the manner prescribed by
law for securing funds of the University, in principal amounts at all
times not less than the amounts of money credited to such Funds, respectively.
Section 15. That all accrued interest and any premium from the sale
of the Series 1977 Bonds shall be deposited into the Interest and Sinking
Fund, and that the Board shall transfer from the Pledged Revenues in the
Revenue Fund and deposit to the credit of the Interest and Sinking Fund the
amounts, at the times, as follows:
(1) On or before July 25, 1978, and semi-annually on or
before each January 25 and July 25 thereafter, an amount which
will be sufficient, together with other monies, if any, then on
hand therein and available for such purpose, to pay the interest
scheduled to accrue and come due on the Bonds on the next suc
ceeding interest payment date; and
(2) On or before January 25*, 1978, and semi-annually on
or before each July 2.5 and January 25 thereafter, an amount
equal to one-half of the principal scheduled to mature and
come due on the bonds on the next succeeding principal maturity
date.
Section 16. That on or before January 25, 1978, and semi-annually
on or before each July 25th and January 25th thereafter, the Board
shall transfer from the Revenue Fund and deposit to the credit of the Reserve
Fund, an amount equal to 1/1Oth of the average annual principal and interest
requirements of the Bonds; provided, however, that when the money and invest
ments in the Reserve Fund are at least equal in market value to the amount
of the average annual principal and interest requirements of the Bonds, then
such deposits may be discontinued, unless and until the Reserve Fund should be
depleted to less than said amount in market value, in which case said deposits
shall be resumed and continued until the Reserve Fund is restored to said
amount; and so long as the Reserve Fund contains said amount, any surplus in
the Reserve Fund over said amount may be used to retire any Bonds or Additional
Bonds by purchase on the open market, at such price as shall be determined by
the Board, or by call for redemption prior to maturity (provided that if any
Bond or Additional Bond is subject to; call for redemption prior to maturity
on the next succeeding interest payment date, its purchase price shall not
exceed the redemption price that would be applicable on such date), or such
surplus may be used for any other lawful purpose, at the option of the Board.
Section 17. (a) That if on any occasion there shall not be sufficient
Pledged Revenues to make the required deposits into the Interest and Sinking
Fund and the Reserve Fund, then such deficiency shall be made up as soon as
possible from the next available Pledged Revenues, or from any other sources
available for such purpose.
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(b) That immediately following each required semi-annual deposit
from the Revenue Fund to the credit of the Interest and Sinking Fund and
the Reserve Fund, as required by this Resolution, or any resolution authorizing
the issuance of Additional Bonds, all remaining surplus Pledged Revenues then
on deposit to the credit of the Revenue Fund may be used by the Board for
any lawful purpose. It is specifically convenanted and agreed, however,
that none of the Pledged Revenues in the Revenue Fund will be released
from the control of the Board, or otherwise expended or disposed of, until
after each such required semi-annual deposit from the Revenue Fund has been
made to the credit of the Interest and Sinking Fund and the Reserve Fund.
Section 18. On or before the last day of January, 1978, and semi-annually
on or before the last day of each July and of each January there
after while any of the Bonds or Additional Bonds are outstanding and unpaid,
the Board shall make available to the paying agents therefor, out of the
Interest and Sinking Fund, and/or the Reserve Fund, if necessary, money suf
ficient to pay such interest on and such principal of the Bonds and Ad
ditional Bonds as will accrue or mature on the August 1st or February 1st
immediately following. The paying agents shall totally destroy all paid Bonds
and Additional Bonds, and the coupons appertaining thereto, and shall furnish
the Board with an appropriate certificate of destruction.
Section 19. That at such times as the aggregate amount of money and
investments in the Interest and Sinking Fund and the Reserve Fund are at least
equal in market value to (1) the aggregate principal amount of all unpaid
(unmatured and matured) outstanding Bonds and Additional Bonds, plus (2)
the aggregate amount of all unpaid (unmatured and matured) outstanding interest
coupons appertaining to such Bonds and Additional Bonds, no further deposits
need be made into the Interest and Sinking Fund or Reserve Fund. In determining
the amount of such Bonds and Additional Bonds, any interest coupons appertaining
thereto, outstanding at any time, there shall be subtracted and excluded the
amount of any such Bonds and Additional Bonds, and interest coupons apper
taining thereto, which shall have been duly called for redemption and for
which funds shall have been deposited with the paying agents therefor suf
ficient, including any required redemption premium, for such redemption.
Section 20. That the Board shall have the right and power at any time
and from time to time, and in one or more Series or issues, to authorize,
issue, .and deliver additional parity revenue bonds (herein called "Additional
Bonds"), in any amounts, for any lawful purpose, and to refund any Bonds,
Additional Bonds, or any existing indebtedness of the University. Such Ad
ditional Bonds, if and when authorized, issued, and delivered in accordance
with this Resolution, shall be secured and payable equally and ratably on
a parity with the Bonds, and all other outstanding Additional Bonds, by an
irrevocable first lien on and pledge of the Pledged Revenues.
Section 21. (a) The Interest and Sinking Fund and the Reserve Fund
established by this Resolution shall secure and be used to pay all Additional
Bonds as well as the Bonds. However, each resolution under which Additional
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Bonds are issued shall provide and require that, in addition to the amounts
required by the provisions of this Resolution and the provisions of any other
resolution or resolutions authorizing Additional Bonds to be deposited to
the credit of the Interest and Sinking Fund, the Board shall transfer from the
Pledged Revenues and deposit to the credit of the Interest and Sinking Fund
at least such amounts as are required for the payment of all principal of and
interest on said Additional Bonds then being issued, as the same comes due, and
that the Board shall transfer from said Pledged Revenues and deposit to the
credit of the Reserve Fund at least such amounts, in approximately equal semi
annual installments, as will, together with any other amounts already required
to be deposited in the Reserve Fund in connection with the Bonds and any other
outstanding Additional Bonds, be sufficient to cause the Reserve Fund to
accumulate and contain within a period of not to exceed sixty months after the
date of said Additional Bonds then being issued, a total amount of money and
investments at least equal in market value to the average annual principal
and interest requirements of all Bonds and Additional Bonds to be outstanding
after theissuance of the then proposed Additional Bonds.
(b) The principal of all Additional Bonds must be scheduled to be paid
or mature on August 1 of the years in which such principal is scheduled to
be paid or mature; and all interest thereon must be payable on February 1
and Augus t 1,
Section 22. Additional Bonds shall be issued only in accordance with
this Resolution, but notwithstanding any provisions of this Resolution to
the contrary, no installment, Series, or issue of Additional Bonds shall
be issued or delivered unless:
(a) The senior financial officer of the University signs a written
certificate to the effect that the Board is not in default as to any covenant,
condition, or obligation in connection with all outstanding Bonds and Ad
ditional Bonds, and the resolutions authorizing same, and that the Interest
and Sinking Fund and the Reserve Fund each contains the amount then required
to be therein.
(b) The State Auditor of the State of Texas, or a certified public
accountant, signs a written certificate to the effect that, during either the
next preceding fiscal year, or any twelve consecutive calendar month period
ending not more than ninety days prior to the adoption of the resolution
authorizing the issuance of the then proposed Additional Bonds, the Pledged
Revenues were at least equal to 1.25 times the average annual principal and
interest requirements of all Outstanding Bonds and Additional Bonds.
^ (c) The senior financial officer of the University signs a written
certificate to the effect that during each University fiscal year, while
any Bonds or Additional Bonds are scheduled to be outstanding, beginning
with the fiscal year next following the date of the proposed Additional
Bonds, the Pledged Revenues estimated to be received during each of said
fiscal years, respectively, will be at least 1.25 times the principal and
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interest requirements on all then outstanding Bonds and Additional Bonds,
and the then proposed Additional Bonds, during each of said fiscal years,
respectively.
Section 23. The Board further covenants and agrees that:
(a) It will fix, impose, charge, and collect all Pledged Revenues;
and will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Resolution and each resolution
authorizing the issuance of Additional Bonds, and in each and every Bond and
Additional Bond; that it will promptly pay or cause to be paid from the Pledged
Revenues the principal of and interest on every Bond and Additional Bond, on
the dates and in the places and manner prescribed in such resolutions and Bonds
or Additional Bonds; and that it will, at the times and in the manner pre
scribed, deposit or cause to be deposited from the Pledged Revenues the amounts
required to be deposited into the Interest and Sinking Fund and the Reserve
Fund; and any holder of the Bonds or Additional Bonds may require the Board,
its officials or employees, and any appropriate official of the State of Texas,
to carry out, respect, or enforce the covenants and obligations of this
Resolution or any resolution authorizing the issuance of Additional Bonds,
by all legal and equitable means, including specifically, but without
limitation, the use and filing of mandamus proceedings, in any court of
competent jurisdiction, against the Board, its officials and employees, or any
appropriate official of the State of Texas.
(b) 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 the creation and issuance
of the Bonds has been duly and effectively taken, and that the Bonds in the
hands of the holders and owners thereof are and will be valid and enforceable
special obligations of the Board in accordance with their terms.
(c) It lawfully owns and is lawfully possessed of the lands, buildings,
and facilities constituting the University"and its campus and has a good and
indefeasible estate in such lands, buildings, and facilities in fee simple,
that it warrants that it has, and will defend, the title to all the aforesaid
lands, buildings, and facilities, and every part thereof, for the benefit of
the holders and owners.of the Bonds and Additional Bonds against the claims
and demands of all persons whomsoever, that it is lawfully qualified to pledge
the Pledged Revenues to the payment of the Bonds and Additional Bonds in the
manner prescribed herein, and has lawfully exercised such rights.
(d) It will from time to time and before the same become delinquent pay
and discharge all taxes, assessments, and governmental charges, if any,
which shall be lawfully imposed upon it, or the campuses, buildings, and
facilities of the University, that it will pay all lawful claims for rents,
royalties, labor, materials, and supplies which if unpaid might by law become
a lien or charge thereon, the lien of which would be prior to or interfere
with the liens hereof, so that the priority of the liens granted hereunder
shall be fully preserved in the manner provided herein,.and that it will not
create or suffer to be created any mechanics, laborer's, materialman's or
other lien or charge which might or could be prior to the liens hereof, or
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do or suffer any matter or thing whereby the liens hereof might or could be
impaired; provided, however, that no such tax, assessment, or charge, and that
no such claims which might be used as the basis of a mechanic's, laborer's,
materialman1s or other lien or charge, shall be required to be paid so long
as the validity of the same shall be contested in good faith by the Board.
(e) That it will continuously and efficiently operate and maintain in
good condition, and at a reasonable cost, the University and the facilities
and services thereof, so long as any Bonds or Additional Bonds are out
standing.
(f) That while the Bonds or any Additional Bonds are outstanding and
unpaid, the Board shall not additionally encumber the Pledged Revenues in
any manner, except as permitted in this Resolution in connection with Ad
ditional Bonds, unless said encumbrance is made junior and subordinate in
all respects to the liens, pledges, covenants, and agreements of this Reso
lution.
(g) Proper books of record and account will be kept in which full, true,
and correct entries will be made of all dealings, activities, and transactions
relating to the Pledged Revenues, and all books, documents, and vouchers
relating thereto shall at all reasonable times be made available for in
spection upon request of any bondholder.
(h) That each year while any of the Bonds or Additional Bonds are out
standing, an audit will be made of its books and accounts relating to the
Pledged Revenues by the State Auditor of the State of Texas, or any certified
public accountant, such audit to be based on the fiscal year of the Uni
versity. As soon as practicable after the close of each such fiscal year,
and when said audit has been completed and made available to the Board, a
copy of such audit for the preceding fiscal year shall be mailed to all
bondholders who shall so request in writing. Such annual audit reports
shall be open to the inspection of the bondholders and their agents and
representatives at all reasonable times.
(i) That the Board covenants that it will not permit to be deposited
to the credit of any of the Funds created by this Resolution, or applied
to the payment of the principal of or interest on the Bonds or any Additional
Bonds, any proceeds from any grant, subsidy, donation, or income received
from the United States Government, whether pursuant to agreement or other
wise, if such deposit or application would result in interest payable on
the Bonds or Additional Bonds being includable in whole or in part in gross
income for Federal income tax purposes.
(j) That the Board covenants that it will comply with all of the terms
and conditions of any and all grant or subsidy agreements applicable to
the Bonds or Additional Bonds entered into between the Board and any
governmental agency in connection with any grant or debt service subsidy;
and the Board will take all action necessary to enforce said terms and con
ditions.
38-44
45
Section 24. That either the Chairman or the Vice-Chairman of the
Board of Regents is hereby authorized to have control of said Bonds and all
necessary records and proceedings pertaining to said Bonds pending their
delivery and their investigation, examination, and approval by the Attorney
General of the State of Texas, and their registration by the Comptroller
of Public Accounts of the State of Texas. Upon registration of said bonds,
said Comptroller of Public Accounts (or a deputy designated in writing to
act for said Comptroller) shall manually sign the Comptroller's Registration
Certificate printed and endorsed on each of said Bonds, and the seal of said
Comptroller shall be impressed, or placed in facsimile, on each of said
bonds.
Section 25. That the Board covenants to and with the purchasers of
the Bonds that it will make no use of the proceeds of the Bonds at any
time throughout the term of this issue of bonds which, if such use had been
reasonably expected on the date of delivery of the bonds to and payment for
the bonds by the purchasers, would have caused the bonds to be arbitrage bonds
within the meaning of Section 103(c) of the Internal Revenue Code of 1954,
as amended, or any regulations or rulings pertaining thereto; and by this
covenant the Board is obligated to comply with the requirements of the
aforesaid Section 103(c) and all applicable and pertinent Department of the
Treasury regulations relating to arbitrage bonds. The Board further
covenants that the proceeds of the bonds will not otherwise be used directly
or indirectly so as to cause all or any part of the bonds to be or become
arbitrage bonds within the meaning of the aforesaid Section 103(c), or any
regulations or rulings pertaining thereto.
Section 26. That it is hereby officially found and determined: that
a case of emergency or urgent public necessity exists which requires the
holding of the meeting at which this Resolution is adopted, such emergency
or urgent public necessity being that the proceeds from the sale of said Bonds
are required as soon as possible and without delay for necessary and urgently
needed public improvements; and that said meeting was open to the public,
and public notice of the time, place, and purpose of said meeting was given,
all as required by Vernon's Ann. Civ. St. art. 6252-17, as amended.
Section 27. That said Bonds are hereby sold and shall be delivered to
Underwood, Neuhaus and Company, Incorporated, for cash for the par value
thereof and accrued interest thereon to date of delivery, plus a premium of
$ . It is hereby officially found, determined, and declared that said
purchaser is the highest bidder for said Bonds as a result of invitations
for competitive bids, and that said Bonds have been sold at public sale to
the bidder offering the lowest interest cost, after receiving sealed bids
pursuant to an Official Notice of Sale and Official Statement, dated
October 10, 1977, prepared and distributed in connection with the sale of
said bonds. Said Official Notice of Sale and Official Statement have been
and are hereby approved by the Board of Regents. It is further officially
38-45
46
found, determined and declared that the statements and representations con
tained in said Official Notice of Sale and Official Statement are true and
correct in all material respects, to the best knowledge and belief of the
Board of Regents.
38-46
47
RESOLUTION
AUTHORIZING ABANDONMENT OF NORTH ONE-HALF OF
DORMITORY 1 AND DORMITORY_2
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
STEPHEN F. AUSTIN STATE UNIVERSITY
WHEREAS, the Board, pursuant to a bond resolution adopted on June 8, -
1963, authorized the issuance of Board of Regents of the State Teacher's
College Stephen F. Austin State College Housing System Revenue Bonds of
1962, Series A, Series B, Series C and Series D, dated October 1, 1962,
hereinafter called lfSeries A, B, C and i") Bonds of 1962", Board of Regents
of the State Teacher's College Stephen F. Austin State College Housing
System Revenue Bonds of 1963, Series A, dated October 1, 1963, hereinafter
called, "Series 1963 Bonds", Board of Regents of the State Teacher's College
Stephen F. Austin State College Housing System Revenue Bonds, Series 1964,
dated October 1, 1964, hereinafter called "Series 1964 Bonds", and Board
of Regents of the State* Teacher1 s College Stephen F,. Austin State College
Building Revenue Bonds of 1965, Series A and Series B, dated October 1, 1965,
hereinafter called "Series A and B Bonds 1965", Board of Regents, State
Service College Stephen F. Austin State College Student Housing System
Revenue Bonds of 1967, dated April 1, 1967, hereinafter called "Series
1967 Bonds", and Board of Regents of State Service College Stephen F. Austin
State College Student Housing System Revenue Bonds of 1968, dated June 1, 1968,
hereinafter called "Series 1968 Bonds"; and
WHEREAS, pursuant to Section 19 of the bond resolution that authorized
the Series A, B, C and D 1962, Section 26 or the bond resolution that
authorized the Series 1963 Bonds, Section 24 of the bond resolution that autho
rized the Series 1964 Bonds, Section 28 of the bond resolution that authorized
the Series A and B Bonds 1965, Section 19 of the bond resolution that
authorized the Series 1967 Bonds, and Section 19 of the bond resolution that
authorized the Series 1968 Bonds, the Board may dispose of the north half of
Dormitory 1 and Dormitory 2.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F.
AUSTIN STATE UNIVERSITY:
1. That the Board does hereby authorize the permanent abandonment of
the north one-half of Dormitory 1 and Dormitory 2.
2. That the Board is in full compliance with all covenants and under
taking in connection with all of its bonds outstanding and payable from the
revenues of Dormitory 1 and Dormitory 2.
3. That the north one-half of Dormitory 1 and Dormitory 2 is no
longer economically feasible of providing net revenues.
38-47
48
4. That the Board certifies that the estimated net revenues of the
Housing System 1962, as established by the Resolution that authorized the
Series A, B, C and D Bonds of 1967, and the Student Housing System,, as
established by the Resolution that authorized the Series A and B Bonds
1965, for the succeeding fiscal year satisfies the earnings test for the
issuance of Additional Bonds.
5. That this resolution does hereby comply with the provisions of
the bond resolutions for the aforementioned series of bonds for the
abandonment of Dormitory 1 and Dormitory 2.
3.8-48
49
CERTIFICATE FOR
RESOLUTION AUTHORIZING ABANDONMENT OF NORTH ONE-HALF
OF DORMITORY 1 AND DORMITORY 2
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
WE, the undersigned officers of the Board of Regents of said University,
hereby certify as follows:
1. The Board of Regents of said University covened in REGULAR MEETING
ON THE 4TH DAY OF NOVEMBER, 1977, at the regular designated meeting place,
and the roll was called of the duly constituted officers and members of
said Board, to-wit:
James I. Perkins, Chairman Ernest Powers
Glenn Justice, Vice Chairman • Walter C. Todd
Homer Bryce ' Mrs. Tom Wright
Mrs. George Cullum, Jr.
Joe Bob Golden (one vacancy)
Charles 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 ABANDONMENT OF DORMITORIES 1 AND 2
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 "Aye".
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 Board's minutes of said Meeting; that the above and foregoing para
graph 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
38-49
50
of the officers and members of said Board was duly and sufficiently notified
officially and personally, in advance, of the time, place, and purpose of the
aforesaid Meeting, and that said Resolution would be introduced and con
sidered for adoption at said Meeting, and each of said officers and members
consented, in advance, to the holding of said Meeting for such purpose; and
that said meeting was open to the public, and public notice of the time,
place, and purpose of said meeting was given, all as required by Vernon's
Ann. Civ. St. Article 6252-17.
SIGNED AND SEALED the 4th day of November, 1977.
/s/ C. G. Haas
Secretary, Board of Regents
I si James I. Perkins
Chairman, Board of Regents
SEAL
38-50
51
78-21
Upon motion of Regent Todd, seconded by Regent Powers, with all members
voting aye, it was ordered that the Application for Eligibility to obtain
federal surplus property for Stephen F. Austin State University be
approved and the Chairman of the Board be authorized to sign the required
forms.
78-22
Upon motion of Regent Bryce, seconded by Regent Powers, with all members
voting aye, it was ordered that (a) the University be authorized to negotiate
with the Pigg Construction Company of Center, Texas, to reduce the cost of
the low bid of $719,495 submitted November 1, 1977 for constructing the
Student Health Services Facility and to submit the revised proposal to the
Board of Regents' Building Committee for approval; (b) that upon such ap
proval the President of the University be authorized to sign and enter
into a construction contract with Pigg Construction Company; (c) that the
University supplement the 1977 General Fee Bond proceeds with Pledged
Property Surplus funds as required; and (d) that full details be submitted
for ratification at the" next regular meeting of the Board.
78-23
Upon motion of Regent Bryce, seconded by Regent Powers, with all members
voting aye, it was ordered that the contract with B. § B. Developers of
Temple, Texas, for $411,331.00 for the:
Renovation of the Birdwell Building ($279,777);
Renovation of the Ag Shop Building ($119,777); and the
Fine Arts Building Attic Walkway ($ 11,777),
be approved and the Chairman of the Board be authorized to sign the contract,
and that the University be authorized to transfer Plant Fund Surplus for
the balance of funds required in excess of the appropriations of $240,000
(65th Legislature).
38-51
52
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the Fourth day of November, 1977
by and between the BOARD OF_ REGENTS, STEPHEN F\_ AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its
President, hereinafter called "Owner11 and B. and B. DEVELOPERS,
P.O. BOX 5068, TEMPLE, TEXAS 76501 hereinafter called "Contractor11.
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
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
BIRD WELL BUILDING RENOVATION, STEPHEN F . AUSTIN STATE
UNIVERSITY, NACOGDOCHES, TEXAS
prepared by Kent-Marsellos-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 the 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,
38-52
53
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated, The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled "BIRDWELL BUILDING RENOVATION,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS"
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1, dated September 27, 1977
Addendum No. 2, dated September 30, 1977
Addendum No. 3, dated October 5, 1977
1. This Contract is to cover the General Contract Work,
Plumbing, Heating and Air Conditioning and Electric Work, com
plete. The said Drawings, and each and all of 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-
38-53
54
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination 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 by August 1, 1978. The Contractor further
agrees to pay as liquidated damages the sum of $100.00 per day for
each consecutive calendar day thereafter the work remains unfinished as specified
in Supplementary Conditions and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
TWO HUNDRED SEVENTY NINE THOUSAND SEVEN HUNDRED SEVENTY
SEVEN AND NO/100 DOLLARS ($279,777.00)
from appropriated funds of 65th Legislature, Regular Session, for
Major Improvements and Repairs for Stephen F. Austin State
University and other funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
The basis of the above contract price is as follows:
Base Bid - $279,777.00
-3-
38.-54
55
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the last day 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
payments; 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 satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory 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 completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, 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
-4-
38-55
56
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 Price;
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 re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts 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
Owner's priority.
-5-
38-56
57
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 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 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, 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 schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Auto^
mobile Liability Insurance: In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
~6~ 38-57
58
to any one 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.
c) Include Broad Form Property Damage Insurance. Remove
flXCU!l Exclusions (Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions11 . 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 limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
-7-
38-58
59
f) Before commencement of operations hereunder, Con
tractor 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
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear. Eliminate the words "All Risk"
from Paragraph 11.3.1.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
-8-
38-59
60
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements 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.
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor $ 111,911.00
Materials 167,866.00
Total $ 279,777.00
-9-
38-60
61
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
/
L
B . and B . Developers
P.O. Box 5068, Temple, Texas 76501
Address
SEAL
READ AND EXAMINED:
By ;y///A
piJ1
Secretary
Board of Regents, Stephen F. Austin State University
(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.
38-61
62
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
B & B Developers
°f, ^2) ... Temple, Texas __hereinafter called
Principal and (3) Safeco Insurance Company of America of
Seattle State of Washington
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS", STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of Two Hundred
Seventy Nine Thousand Seven Hundred Seventy-Seven Dollars
DOLLARS ($279,777.00 ), in lawful money of the United
States, to be paid in (5) 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):,
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY.
the Owner, dated the 4th day of November , A. D
19_ZI' a copy of which is attached hereto and made apart hereof
for the construction of:: Birdwell Building Renovation
38-62
63
(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 ex
tensions 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 reimburse 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 two
(2) years 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 addi
tion 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 5160 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.
38-63
64
IN WITNESS WHEREOF, this instrument is executed in
four counterparts, each one of which shall be deemed an original
this the 25th day of_ October } A<Dt 197
ATTEST:
B & B DEVELOPERS
w .<■■? /
(Principal) Secretary
tihc
°y /V/.*/
v
SEAL
Address
V^tness vaj><.ta' Principal
ATTEST:
(Surety) Secretary
By
Witness as^'to Surety
P. 0. Box 586
Richardson, Texas 75080
Address
SAFECO INSURANCE COMPANY OF AMERICA
Surety
Attorney-in-Fact
Don H. Cast
NOTE: 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
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners
should execute bond.
38-64
POWER OF ATTORNEY
SAFECO
SAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
65
No..
4747
KNOW ALL MEN BY THESE PRESENTS:
That Safeco Insurance Company of America, a Washington corporation, does hereby appoint
DON H. CAST; JUDY CAST, Temple, Texas --■
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents
this. 20 th .day of. January
.,■19. 75
CERTIFICATE
Extract from the By-Laws of Safeco Insurance Company of America:
-Article VI, Section 12.-FIDELITY AND SURETY BONDS . . . the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business .... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking.'1
Extract from a Resolution of the Board of Directors of
Safeco Insurance Company of America adopted July 28, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 12 of the Bylaws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of
the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant
thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and
effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
25th j.....r October this. day .J9.
77
38-65
S-13OO Rl 7/77
PRINTED IN U.S.A.
PAYMENT BOND
DO
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCHES
KNOW ALL MEN 3Y THESE FRESENTS: That we
(1) B & B Developers
a (2) Partnership
o£ Temple, Texas hereinafter called Principal and
(3$afeco Insurance Co. of America of Seattle
Stafce of Washington hereinafter called the Surety,
are held and firmly bound unto (4) . Z.CARD CF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Two Hundred Seventy Nine Thousand Seven Hundred Seventy-Seven
.DOLLARS ($279,777.00 }
in lawful money of the United States, to be paid in (5)
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>s such
that v/hereas, the Principal entered into a certain contract with
(6) BOAx3.D OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY _, the Owner, ■ ~^~
38-66
67
dated the____4th____day of November f a. D. , 19 77
a copy of which is hereto attached and made a part hereof for the
construction of: Birdwell Building Renovation
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 344, 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 void; otherwise
it shall remain in full force and effect. '
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro-secution
of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as "
provide in Article 5160, Revised Civil Statutes, 1925, as
T? \lTSe Bm 344 ^^ 56th Lilt
PROVIDED FURTHER, that if any legal action be
*" Tt b°nd' V6nUe Sha11 lle ln -Jlaco&doches- 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 per
formed thereunder or the Specifications accompanying the same
shall m 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 ri«*ht
of any beneficiary hereunder, whose claim may be unsatisfied
38-67
68
IN WITNESS KHJ2RE0F, this instrument is executed in
four counterparts, each 01^ of which shall be deemed an original,
thls the 25th. day of October , A.P., 1977^
ATTEST:
B 6c B DEVELOPERS
(Principal) Secretary
By /he
SEAL
••Witnesses to Prinzei-pa-1-
Address
ATTEST :
(Surety) Secretary
Witness as^to Surety
P. 0. Box 586
Richardson, Texas 75080
Address
By
SAFECQ INSURANCE COMPANY OF AMERICA
Surety
Attorney-in-Fact
Don H. Cast
NOTE: 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
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners
should execute bond.
38-68
KJU'lH Uh A I i UlAiNihY SAiL,'.'h^^n^;^EC0k::, . ..•> A;\.cRICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185 ,n
SAFECO 69
No
KNOW ALL MEN BY THESE PRESENTS:
That Safeco Insurance Company of America, a Washington corporation, does hereby appoint
— DON H. CAST; JUDY CAST, Temple, Texas
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents
this. 2Oth day of January l9 75
CERTIFICATE
Extract from the By-Laws of Safeco Insurance Company of America:
"Article VI, Section 12.-F1DEL1TY AND SURETY BONDS . . . the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business . ... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
Safeco Insurance Company of America adopted July 28, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 12'of the Bylaws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of
the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant
thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and
effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 25th Haynf October . 19 77
38-69
S'1300R17/77 PRINTED.NU.S.A.
CERTIFICATE OF
INSURANCE
AIA DOCUMENT C705
70
This certifies lo the Addressee shown below that the following described policies, subject to (heir terms, conditions and
exclusions, have been issued to:
NAME & ADDRESS OF INSUREHGrant' Brooks v JL _J_._Ric ks_, Bobby Ricks, D3A ' 3 & B Developer s
C£!K A University ~
Addressee:
(Owner)
(show project name Stephen F. Austin
™ AND LOCATION) „. , r_,., . ,'
Birdwall Building
r
Fine Arts Building Attic Walkway
Shop Renovation and
Board of Regents, Stephen F. Austih
State University 6c Kent-Marsellos-Scott
Architects
Nacogdoches, Texas 75961 Date"
—' * Covered for one year
5> 1977
KIND OF INSURANCE
1. (a) Workmen's Comp.
(b) Employers' Liability
POLICY NUMBER
WC134636
Inception/Expiration Dato LIMITS OF LIABILITY
3-1-77/78
tutory Workmen's Compensation
$500,000 Qnc Accident and Ai^re^te Disease
2. Comprehensive
General Liability
(a) Bodily Injury
CG553996 3-1-77/78 $500,000 Each Occurrence—Premises and Operations
$500,000
$500,000
Each Occurrence—Independent Contractors
Each Occurrence- COMPLETED OPERATIONS
AND PRODUCTS
$500,000 Each Occurrence—Contractual
$500,000 ,rotnlo COMPLETED OPERATIONS
j regale--- and products
(b). Personal Injury
GG553996 3-1-77/78
$500, 000 Each Person Aggregate
$500,000 General Aggregate
(c) Property Damage
CG553996 3-1-77/78
$300,000 Each Occurrence—Premises—Operations
$300 , 000 Each Occurrence-4NnDN^NrDTEnNpT
1300 , 000 Each Occurrence^S^PpiREoT^cOTP5ERAT'ONS
$300,000 Each