Minutes of Board of Regents of Stephen F. Austin State University. 1971, Volume No. 8

              MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 8
OCTOBER 16, 1971
INDEX
Minutes of the Meeting of the Board of Regents
of Stephen F. Austin State University
held at Rusk, Texas, on
October 16, 1971
VOLUME NO. 8
Page
72-1 Approval of Minutes of Previous Meeting 8-2
72-2 Faculty and Staff Appointments 8-2
72-3 Acceptance of Resignations 8-4
72-4 Approval of Changes of Status 8-5
72-5 Approval of Leave of Absence 8-7
72-6 Removal of Name from Faculty and Staff List 8-7
72-7 Approval of Promotions 8-7
72-8 Approval of Curriculum Changes 8-7
72-9 Permission Granted to Petition Coordinating Board to Offer
Graduate Majors 8-10
72-10 Approval of Final Budget Adjustments for 1970-71 8-10
72-11 Approval to Appropriate Matching Funds for Federal Work Study
for 1971-72 8_H
72-12 Approval to Appropriate Matching Funds to NDEA Student Loan Fund 8-11
72-13 Approval to Appropriate Money for Developing and Improving
University Land 8-11
72-14 Approval of Change Orders Nos. 3 and 4 - Clock and Bell System 8-11
72-15 Authorization to Obtain Bids for New Sound System - Fine Arts Bldg.
Auditorium 8-11
72-16 Approval of Final Plans and Specifications for Austin Building
Renovation, Phase IV, and Authorization for Bids 8-11
72-17 Approval of Final Plans and Specifications for New Stadium and
Authorization for Bids 8-11
72-18 Approval of Final Drawings and Specifications for New Library and
Authorization for Bids 8-11
72-19 Approval for Sale and Removal of Football Stadium Bleachers,
Field Lighting, and Fencing 8-12
72-20 Approval for Disposal of Shares of Stock - Shirley Creek Corp. 8-12
72-21 Approval for Purchase of Two Automobiles for Office of
Intercollegiate Athletics 8-12
72-22 Approval to Revise Interest Rates of Certificates of Deposit 8-12
72-23 Approval of Contract to Furnish and Install Filter System for
the Swimming Pool 8-12
72-24 Authorization to Pay Annual Employees Salary Increases when
Federal Wage and Price Regulations Permit 8-2 2
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT RUSK, TEXAS
October 16, 1971
The meeting was called to order by R. E. McGee, Chairman of the
Board of Regents, at 9:30 o!clock a.m., October 16, 1971.
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. Robert C. Gray of Austin
Mrs. Lera Thomas of Houston
Douglas Bergman of Dallas
Walter Todd of Dallas
Roy Maness of Beaumont
Joe Bob Golden of Jasper
Sam Tanner of Beaumont
PRESENT:
Mr
Mr
Mr
Mr
Mr
Mr. James I. Perkins of Rusk
Mr. C. G. Haas of Nacogdoches, Secretary
Dr. R. W. Steen, President of the University
72-1
Upon motion of Regent Todd, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the minutes of the meeting of July 31,
1971, be approved.
72-2
Upon motion of Regent Todd, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the following individuals be employed
for the positions, dates and salaries indicated:
1. Department of Elementary Education
Mrs. Rosalie Newton Allison, 42, Ed.D. (University of Georgia),
Associate Professor of Elementary Education at a salary rate of
$12,750 for nine months, effective Fall Semester 1971.
2. Department of English
Miss Caro Janet Gerber, 24, M.A. (University of Oregon), Instructor
of English at a salary rate of $7,500 for nine months, effective Fall
Semester 1971.
Mrs. Kathryn Harris Hines, 34, B.S. (University of Texas-Austin),
M.A. (Stephen F. Austin State University), Graduate Interne in
English at a 50% salary rate of $1,800 for the Fall Semester only.
3. Department of Forestry
Mr. Garnet Howard Weaver, 29, M.Sc. (Purdue University),
Instructor of Forestry (part-time), at a salary rate of $5,600 for
nine months, effective Fall Semester 1971.
Mr. Richard Larry Willett, 25, M.F. (Stephen F. Austin State
University), Instructor of Forestry (part-time), at a salary rate
of $5,600 for nine months, effective Fall Semester 1971.
4. Department of Home Economics
Miss Mary Ruth McKinney, 23, M.S. (Texas Woman's University)
Instructor of Home Economics at a salary rate of $8,750 for nine
months, effective Fall Semester 1971.
Miss Lydia Lou Roper, 33, M.S. (Oklahoma State University),
Instructor of Home Economics at a salary rate of $9,000 for nine
months, effective Fall Semester 1971.
8-2-
5. Department of Mathematics
Mr. John Louis Toups, 23, M.S. (University of Houston), Instructor
of Mathematics at a salary rate of $8,000 for nine months, effective
Fall Semester 1971.
6. Department of Music
Mr. Joel Wilson Duskin, 33, M.Mus. Ed. (North Texas State
University), Instructor of Music at a salary rate of $10,000 for
nine months, effective Fall Semester 1971.
Mr. Max Lynn Morley, 30, M. Mus. Ed. (North Texas State
University), Instructor of Music at a salary rate of $10,000 for
nine months, effective Fall Semester 1971.
7. Department of School Services
Mrs. L. Ann Ahrens, 36, M. A. (Ohio State University), Instructor
of School Services at a salary rate of $9,000 for nine months,
effective Fall Semester 1971.
8. Department of Sociology
Mr. Daryl F. McCloskey, 25, M.S. (Oklahoma State University),
Instructor of Sociology at a salary rate of $9,200 for nine months,
effective Fall Semester 1971.
9. Project Philemon
Mr. Albert Mitchell, Jr., 37, M.A. (Eastern Michigan University),
Special Project Worker, Project Philemon at a salary rate of
$15,813 for twelve months, effective June 15, 1971.
10. Library
Mr. Wayne Sullenger, 33, M.L.S. (University of Texas-Austin),
Associate Library Director for Public Services at a salary rate
of $13,500 for twelve months, effective November 1, 1971.
11. Student Life Division
Mr. Clyde Jackson Adams, 28, Vending Route Man, University
Center Administration, at a salary rate of $6,400 for twelve
months, effective August 1, 1971.
Mr. Ralph R. Busby, 27, B.A. (Dallas Bible College), Counselor,
University Guidance, at a salary rate of $8,000 for twelve months,
effective September 1, 1971.
8-3-
Mr. Charles Wayne Huber, 23, B.A. (University of Texas-
Arlington), Program Consultant, University Center, at a salary
rate of $7,200 for twelve months (rate of $7,000 during freeze),
effective August 23, 1971.
Mr. Joy Singleton Jenkins, 41, Assistant Manager, University
Center Bookstore, at a salary rate of $6,800 for twelve months,
effective August 16, 1971.
Mr. Joel C. Morris, 70, M.D. (University of Tennessee), Physician,
Health Services, at a salary rate of $21,000 for twelve months,
effective September 17, 1971.
Mr. John Robert Spikerman, 25, B.S. (Stephen F. Austin State
University), Craft Shop Manager, University Center, at a salary
rate of $5,600 for twelve months, effective August 23, 1971.
Mr. Ben Frank Wright, 38, Patrolman, Traffic and Security, at
a salary rate of $6,000 for twelve months (rate of $5,500 during
freeze), effective September 16, 1971.
12. University Computer Center
Mr. James 0. Reider, 29, Computer Operator, University Computer
Center, at a salary rate of $6,000 for twelve months, effective
September 13, 1971.
Mrs. Bonnie Scarbough Moore, 22, Junior Programmer, University
Computer Center, at a salary rate of $5,100 for twelve months,
effective August 25, 1971.
13, Maintenance
Mr. Haymond T. McCool, 46, Air Conditioning Engineer, Maintenance
Department, at a salary rate of $10,000 for twelve months, effective
August 19, 1971.
72-3
Upon motion of Regent Bergman, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the following resignations be accepted.
1. Department of Home Economics
Mrs. Donna Abshier Houston, Instructor of Home Economics,
effective August 31, 1971. Mrs. Houston resigned for personal
reasons.
2. Department of Music
Mr. Albert Lee Moore, Instructor of Music, effective August 31,
1971. Mr. Moore resigned to accept employment elsewhere.
8 -4-
3. Department of School Services
Mr. Robert E. Boudreaux, Instructor of School Services, effective
August 31, 1971. Mra Boudreaux resigned to accept employment
elsewhere.
Dr. Earl Schuman, Associate Professor of School Services, effective
August 31, 1971. Dr. Schuman resigned to accept employment else
where.
4. Library
Mr. Wilbur D. Blackmon, Associate Library Director of Public
Services, effective August 31, 1971. Mr. Blackmon resigned to
accept employment elsewhere.
5. Student Life Division
Mrs. Linda Gail Holt, Program Consultant, University Center,
effective August 24, 1971. Mrs. Holt's husband will be going to
school in another city.
Mr. Bert Franklin Kunkle, Assistant Manager, University Center
Bookstore, effective August 19, 1971. Mr. Kunkle resigned to
accept employment elsewhere.
6. University Computer Center
Mr. Jerry Franklin Davis, Systems Analyst, effective August 31,
1971. Mr. Davis resigned to accept employment elsewhere.
72-4
Upon motion of Regent Golden, seconded by Regent Thomas, with all Regents
voting aye, it was ordered that the following changes in status be
accepted:
1. Department of Biology
Dr. Elray S. Nixon, Associate Professor of Biology, from a salary
rate of $14,700 to $14,500 for nine months, effective September 1,
1971. A typographical error reflected an incorrect salary rate
in the budget.
2. Department of English
Mr. James Edward Magruder, Instructor of Philosophy, from a
salary rate of $10,500 to $9,500 for nine months, effective September
1, 1971. The rank is also changed from Assistant Professor to
Instructor. Mr. Magruder failed to complete the requirements for
the Ph.D. degree, which is required for the higher rank and salary.
fr-5-
3. Department of Geography
Dr. Dean R. Hodson, Assistant Professor of Geography, from a
salary rate of $11,000 to $11,500 for nine months, effective September
1, 1971, A typographical error reflected an incorrect salary rate
in the budget.
4. Department of Geology
Mr. Volker W. Gobel, Assistant Professor of Geology, from a
salary rate of $10,700 to $10,200 for nine months, effective September
1, 1971. Mr. Gobel failed to complete the requirements for the Ph.D.
degree.
5. Department of Home Economics
Mrs. Ethelind S. Gibson, Department of Home Economics, from a
salary rate of $4,250 (half-time) to $6,375 (three-fourths time) for
nine months, effective Spring Semester only. Mrs. Gibson will assume
the responsibility of an additional class.
Mrs. Patsy J. Spurrier, Instructor of Home Economics, from a
salary rate of $8,750 to $9,500 for nine months, effective at the
end of the presidential freeze on salaries. The increase reflects
completion of 30 hours above the Master's degree in her area of
competency.
6. Department of History
Dr. Carl L. Davis, Assistant Professor of History, from a salary
rate of $10,600 to $11,300 for nine months, effective at the end of
the presidential freeze on salaries. The increased salary reflects
the completion of the Ph.D. degree.
7. Library
Mrs. Willie Earl Tindall, Assistant Reference and Research
Librarian, from a salary rate of $8,200 to $8,480 for nine months,
effective at the end of the presidential freeze on salaries and
wages. The increase is intended to bring Mrs. Tindall in line with
other professional librarians.
8. University Computer Center
Mrs. Alice Davis Dickerson, Programmer, at a salary rate of
$3,600 (50%) for twelve months, to Director of Institutional Research,
at a salary rate of $4,250 (50%) for twelve months, effective
September 1, 1971. This is a newly created position.
a"6"
Mr. Douglas Owen Hughes, Programmer, at a salary rate of
$8,400 for twelve months, to Systems Analyst, at a salary rate of
$9,600 for twelve months, effective September 1, 1971. Mr. Hughes
fills the vacancy created by the resignation of Mr. Jerry Davis.
72-5
Upon motion of Regent Bergman, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the following leave of absence be
granted:
Department of Mathematics
Mr. Ennis Donice McCune, Assistant Professor of Mathematics,
for the academic year, 1971-72, in order that he may continue work
toward the doctoral degree.
72-6
Upon motion of Regent Gray, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the following name be removed from the
faculty and staff list:
Dr. Joel C. Morris, Physician, Health Services, effective
September 27, 1971. Dr. Morris died September 26, 1971.
72-7
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following promotion be approved:
Department of Accounting
Mr. James L. Smith from Instructor to Assistant Professor of
Accounting, effective September 1, 1971. Salary rate will be
$10,500 for nine months until the end of the presidential freeze
on salaries, then the salary rate will be $12,000 for nine months.
Mr. Smith completed CPA in May, 1971, and 30 hours beyond the
Master's Degree in August, 1971. He has been admitted to a Ph.D.
program in accounting and is judged to be an excellent instructor
by his department head and the Dean of his school.
72-8
Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following curriculum items approved
by the University undergraduate and graduate curriculum committees be
approved:
COURSES ADDED: (Curriculum Committee)
8-7-
Department and Number
Music 104
*Accounting 443
*Accounting 463
*Accounting 473
General Business 356
Economics 339
School Services SPH 336
School Services SPH 337
*School Services SSV 460
School Services SSV 461
School Services SPH 472
English 233
Sociology 349
Sociology 353
*Mathematics 417
Geology 332
Geology 464
Psychology 475
Hours
Title Credit
Class Piano 2
Taxation of Business Entities 3
Accounting Theory 3
Profit Planning and Cost Control 3
Marketing Research 3
Applied Statistical Analysis 3
Intermediate Clinical Practicum: 1
Speech and Hearing
Advanced Clinical Practicum: 1
Speech and Hearing
Children and Behavioral Disorders 3
Practicum in Special Education 3
Aural Rehabilitation 3
Topics in Literature 3
Peasant Societies 3
Juvenile Delinquency 3
Linear Algebra 3
Geology of North America 3
Field Geology 6
Special Problems: Seminar in 3
Research Techniques
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
Forestry 337
Accounting 343
Accounting 433
General Business 457
General Business 471
General Business 474
School Services 232
School Services
SPH 335
*School Services
SSV 437
*School Services
SSV 438
School Services
SPH 491
Title and Credit
Forest Fire Control and
Management 2
Income Tax Accounting 3
Cost Accounting 3
Investments 3
Commercial Banking 3
Financial Planning and
Policy 3
Introduction to Speech
Therapy 3
Basic Clinical Internship I
The Minimally Brain-Injured
Child 3
Methods and Techniques of
Instructing Minimally
Brain-Injured Children 3
Special Problems 3
New
No. New Title and Credit
337 Forest Fire Control and
Use in Management 2
343 Income Taxation of In
dividuals 3
333 Cost Accounting 3
357 Investments 3
371 Commercial Banking 3
374 Financial Planning and
Policy 3
130 Introduction to Speech
Pathology 3
335 Beginning Clinical Practi
cum: Speech and Hearing
437 Children with Learning
Disabilities 3
438 Teaching Children with
Learning and Behavioral
Disorders 3
475 Special Problems 3
^Submitted for Graduate Credit
8-8-
Department and
Number Title and Credit
New
No. New Title and Credit
Greenhouse, Floral and
Nursery Crop Production
and Management 3
Farm Power and Machinery 3
Chemical Control of Weeds,
Plant Insects and Diseases 3
History of the United
States (1000-1865) 3
Political Theory and Phil
osophy: Modern 3
Composition: Rhetoric and
Argument 3
Contemporary Prose: Fiction
and Non-Fiction Since 1950 :
Criminology 3
Technical Physics I 4
Technical Physics II 4
Title and Credit
^Accounting 442
*Accounting 471
Economics 349
School Services SPH 330
.*School Services SPH 435
*School Services SPH 471
H.P.E. (Men) 104
H.P.E. (Men) 214
H.P.E. (Men) 216
H.P.E. (Women) 261
*H.P.E. (Women) 459
Mathematics 334
COURSES ADDED: (Graduate Council)
Department and Number
Advanced Accounting 3
Accounting Systems 3
Statistics 4
Diagnostic Process in Speech Pathology 3
Advanced Clinical Internship 1 to 3
Advanced Measurement of Hearing 3
Health 1
Tennis 1
Bowling 1
Golf 1
Theory and Philosophy of Rhythmic Movement 3
Vector Analysis 3
Title
Music 541 Elementary Music Techniques and Literature
Music 542 Elementary Music Supervision
Music 543 Measurement and Evaluation in Music
Elementary Education 577 Professional Development
Secondary Education 577 Professional Development
Hours
Credit
3
3
3
3
3
*Submitted for Graduate Credit
8-9-
Department and Number
School Services SSV 502
School Services SSV 567
School Services SSV 568
Agriculture 504
English 575
General Business 554
Management 577
Management 580
Secondary Education 585
Forestry 529
H.P.E. 583
Title
Hours
Credit
Task Analysis and Prescriptive Teaching 3
Trends in Educating Exceptional Children 3
Seminar in Special Education 3
Animal Science: Animal Breeding and Physiology 3
of Reproduction in Beef Cattle and Swine
Advanced Graduate Studies 3
Seminar in Investment Management 3
Advanced Organization 3
Business Dynamics 3
Intercultural Education 3
Advanced Forest Entomology 3
Innovations in Driver and Traffic Safety 3
Education
COURSES TO BE REVISED: (Graduate Council)
Title and Credit
Department and
Number
New
No. New Title and Credit
Management 561
Physics 532
Management Problems 3
Electromagnetic Waves 3
561 Administrative Policy 3
532 Classical Electrodynamics 3
COURSES TO BE DELETED: (Graduate Council)
Title and Credit
Advanced Nutrition 3
Cost Accounting 3
Business Policy 3
Small Business Management 3
Investments 3
Commercial Banking 3
Financial Planning and Policy 3
Special Problems 3
Department and Number
Agriculture 503
Accounting 433
Management 463
Management 481
General Business 457
General Business 471
General Business 474
School Services SPH 491
72-9
Upon motion of Regent Bergman, seconded by Regent Maness, with all Regents
voting aye, it was ordered that permission be granted to petition the
Coordinating Board to offer a graduate major in Agriculture and a B.B.A.
with a major in Marketing.
72-10
Upon motion of Regent Gray, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the final budget adjustments for 1970-71
be approved as detailed in the August 31, 1971, monthly financial report.
8-10-
72-11
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that $23,061 be appropriated as matching funds
for the Federal Work-Study Program for 1971-72.
72-12
Upon motion of Regent Tanner, seconded by Regent Gray, with all Regents
voting aye, it was ordered that $14,415.54 be appropriated for matching
funds to the National Defense Education Act student loan fund.
72-13
Upon motion of Regent Bergman, seconded by Regent Todd, with all Regents
voting aye, it was ordered that $12,000 be appropriated for developing
and improving University land on the west of La Nana Creek between Starr
Avenue and East College Street to provide intramural playing fields to
replace those fields that will be discontinued due to the construction
of the new stadium.
72-14
Upon motion of Regent Todd, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that change order Nos. 3 and 4 for a total
value of $2,420.78 to be added to the Wilson Henderson, Inc., contract
for the Clock and Bell System be approved and the chairman of the board
be authorized to sign the change order.
72-15
Upon motion of Regent Gray, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the University be authorized to obtain
bids to purchase a new sound system for the Fine Arts Building Auditorium
to be submitted for approval at a subsequent meeting.
72-16
Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the final plans and specifications for
the Austin Building Renovation Phase IV be approved and that.the
University be authorized to obtain bids to be submitted at a subsequent
meeting.
72-17
Upon motion of Regent Todd, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the final plans and specifications for
the construction of a new stadium be approved and that the University
be authorized to obtain bids to be submitted at a subsequent meeting.
72-18
Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the final drawings and specifications
for a new library be approved and that the University be authorized
to obtain bids to be submitted at a subsequent meeting.
8-11-
72-19
Upon motion of Regent Gray, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the existing football stadium bleachers,
field lighting, and fencing be sold to the Nacogdoches Independent
School District for $10,000 and the .removal thereof, as recommended by
the Stadium Committee.
72-20
Upon motion of Regent Perkins, seconded by Regent Maness, with all
Regents voting aye, it was ordered that the 21,500 shares of stock in
Shirley Creek Corporation given the University by M. L. Stripling be
disposed of in keeping with the recommendation made by Mr. Stripling
on August 31, 1971.
72-21
Upon motion of Regent Perkins, seconded by Regent Golden, with all
Regents voting aye, it was ordered that two automobiles be purchased
(by competitive bidding) for use by the Office of Intercollegiate
Athletics. The source of funds will be Auxiliary Enterprise Surplus.
72-22
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the interest rates on certificates of
deposit in the depository agreements with Lufkin National Bank,
Commercial National Bank, Stone Fort National Bank, and Fredonia State
Bank be revised and that the University be instructed to place the
certificates of deposit at the highest rate available.
72-23
Upon motion of Regent Maness, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the contract for $18,330 with Henry T.
Smith Company for the furnishing and installation of a swimming pool
filter system be approved and the chairman of the board be authorized
to sign the contract, as follows:
8-12-
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made and entered into this 16 day of October
A-D- 1971 . ty and between the Board of Regents, Stephen F. Austin State
University of the City of Nacogdoches, County of Nacogdoches, and State
of Texas, acting herein through its President, Party of the First Part,
termed in the Contract Documents as the OWNER, and Henry T. Smith of
the City of Lufkin , County of Angelina , and
the State of Texas , Party of the Second Part, termed
in the Contract Documents as the CONTRACTOR,
WITNESSETH: (l) That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by the
Owner, and under the conditions expressed in the Bonds bearing even date
herewith, the Contractor hereby agrees with the Owner to commence and
complete the construction of certain improvements described as follows-
Renovation of Swimming Pool Water System" described in the Plans
Specifications, Addendum No. 1 '
, and all work in connection therewith, and at his (or their)
own proper cost and expense to furnish all the material, supplies
machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the said construction
in accordance with the conditions and prices stated in the Proposal, and
in compliance with the Performance Bond and the Payment Bond and the
Contract Documents hereto attached, and with the Plans-, all of which are
made a part hereof and collectively evidence and constitute the Contract.
(2) Contractor agrees to commence work under this Contract within
thirty (30) days from the date thereof and to complete said work readv
for use by March 15, 1972. "
In defaulting thereof, the Contractor shall be liable for liquidated
damages as provided in the Contract Documents.
(3) The Owner agrees to pay the Contractor in current funds for
the performance of the Contract in accordance with the Proposal sub
mitted therefore, the sum of Eighteen thousand, three hundred and thirty
and Np/]00 , Dollars ($18.330.00 K sub.iect to ad.flit.inng *na a-a^+
as provided in the General Conditions of the Contract Documents, and
to make payments on account thereof as provided.
8-13-
C-l
(k) To insure prompt, faithful, sufficient, and complete performance
of this Contract on his part, the Contractor has attached hereto and here
by makes a part hereof, Insurance Policies or Certificates of Insurance,
a Performance Bond and a Payment Bond to be satisfactory in all respects
to the Owner. Said Bonds, in the full amount of the Contract price, are
to insure the faithful performance of the Contract under all' conditions
laid down by it and the Contract Documents covering equipment furnished
labor employed, workmanship, material, time of completion and delivery.
Said Bonds and Policies shall hold and keep the Owner harmless and free
from all liens, claims, patent infringements, liability, demands, and
expenses of every kind and nature for any accident or injury to any
person or persons or property, occasioned by or resulting from the
prosecution of the work pursuant to the terms of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in five (5) 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
BY
Witness President
Henry T. Smith
Contractor
P. 0. Box 864
Lufkin, Texas 75901
Address
SEAL
8-14-
C-2
READ AND EXAMINED
Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS <^^:i^-? Jf
Assistant
C-3
8-15-
PERFORMANCE BOND
THE STATE OF Texas
COUNTY OF Nacogdoches
KNOW ALL MEN BY THESE PRESENTS: That we Henry T. Smith Of
Lufkin> Texas hereinafter called Principal and
Fidelity and Deposit Company Of Maryland, Baltimore, state
of Maryland 5 hereinafter called the Surety,
are held and firmly bound unto Stephen F. Austin State University
hereinafter called Owner, in the penal sum of Eighteen thousand t.hr^
hundred and thirty and No /100 Dollars ($18.330.00), in law"ful~
money of the United States, to be paid in Nacogdoches County, Texas,
for payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators and successors, jointly and sever
ally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas , the Principal
entered into a certain Contract with Stephen F. Austin State University
the Owner, dated the 16th day of October A.D. , 1971 , a copy
of which is attached hereto and made a part hereof for the construction of-
Renovation of Swimming Pool Water System", herein called the "Work".
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety
and, if he shall satisfy all claims and demands incurred under such Contract
and shall fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and shall
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 fur
nished by, or workmanship of the Principal in performing the work covered
by said Contract, occurring within a period of twelve (12) months from
the date of the Contract Completion Certificate, then this obligation
shall be null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon
this bond venue shall lie in Nacogdoches County, State of Texas and
that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms
of the Contract or to the work to be performed thereunder or the
Specifications accompanying the same shall in any wise affect its
obligation of this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of
the Contract or to the work or to the Specifications.
8-16-
PB-1
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 of this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied
at length.
IN WITNESS WHEREOF, this instrument is executed in five counter-parts,
each one of which shall be deemed an original, this the
16th day of October A.D. , 1971
ATTEST: Henry T. Smith
Principal
BY
(Principal) Secretary 7/
SEAL
Witness as to Principal
(Address)
ATTEST: Fidelity & Deposit Company of Maryland
Surety
BY:
(Surety) Secretary Attorne'y-in-Fact
APPROVED AS TO FORM:
Witness as to Surety ATTORNEY GENERAL OF TEXAS
BY:
Address ^Assistant Attorney General
8-17-
PB-2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME 0FFIC6 BALTIMORE, MD.
: Presents: That the Fidelity and Deposit Company of Maryland, a corpora-d.
by WM. H.C. GRIFFITH , Vice-President, and M. A. KELLY
bority granted by Article VI, Section 2, of the By-Laws of said Corn-so
to do by the Board ^^^^l^2SS^&^^^aaaSt^ Vice,Presidents speciaily authorized
retary or any one of the Assistant Secretaries? to appoint Residem V^pl h.ave power by and with the concurrence of the Sec-in-
Fact as the business of the Company may require C? to authorize Ivn^T ' Res'dent Assistant Secretaries and Attorneys-bonds,
undertakings, recognizances, stipulations policfes contracts lereemeZ H?3f "* ^° T CUte onAheh*l( of th« Company any
decrees, mortgages and instruments in the nature of mortgages and aKMh«'1' and releases and assignments of judgments,
the Company may require, and to affix the seal of th™ Comply thereto." instruments »nd documents which the business of
does hereby nominate, constitute and appoint E. L. Bartlett, Sr E L Bartlett
Ele Baggett and H. J. Shands, Jr., all of Lufkin; Texa Bartlett,
<■ deliver- for> a«d on its behalf
not to exceed the sum
bonds on behalf of Independent Executors
and bonds on behalf of Community '
!i^ »
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force. 7
In Witness Whereof, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said Fidelity and Deposit Company of Maryland, this
2-3xd day of Sgp.temb.er f A.D. 19..5.7....
Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Signed)
•;--—- -N—A KELLX . By WL...HL.£....GJRIEEHH...
(bEAL) Assistant Secretary Vice-President
State of Maryland \
City of Baltimore / ss:
On this 23rd day of September , A.D. 19 57 , before the subscriber, a Notary Public of the State of
Maryland, m and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
Secretary of the Fidelity and Deposit Company of Maryland, to me personally known to be the individuals and officers described
m and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn
severally and each for himsel deposeth and saith that they are the said officers of the Company aforesaid, and that the sea* affixed
to the preceding instrument is the Corporate Sea of said Company, and that the said Corporate Seal and their signatures as suS
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
first Ibovfwrftte^ WhERE0F> l have hereunt0 set mV hand and affixed my Official Seal, at the City of Baltimore, the day and year
(SlGNED)
(Seal) Notary Public Commission Expires^?. A.
CERTIFICATE
I, the undersigned, Assistant Secretary of the Fidelity and Deposit Company of Maryland, do hereby certify that the original
fTAWe ore?rg \a f uU- true,anud cor.rect copy •is in f u11 force and effect °n the ^^w^m^SlTi t who executed the said Power of Attorney was one of the additional Vice-presidents specially
^SSS: "' Att°r^in-FaCt as Provided in Article VI, Section 2 of the By-Laws'of fi
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
Fidelity and Deposit Company of Maryland at a meeting duly called and held on the 16th day of July, 1969.
m*A?u ?f £ )? facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter wherever appearing upon a certified copy of any power of attorney issued by the Company shall be
valid and binding upon the Company with the same force and effect as though manually affixed.'' company, snail be
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the sajd Company, this
16th day of October (1971
L1419-—Ctf ■"*• — — ~ — — — — — — — — — — — — — — — -. / — — — — _i... — _«
Assistant Secretary
8-19
PAYMENT BOND
THE STATE OF Texas
COUNTY OF Nacogdoches
KNOW ALL MEN BY THESE PRESENTS: That xet I, Henry T. Smith a
sale.proprietorship
8oaqa«Raftx«R of Lufkin, Texas hereinafter called Principal and
Fidelity and Deposit Company of Maryland. Baltimore . State
of dryland hereinafter called the Surety, are held
and firmly bound unto Stephen F. Austin State University hereinafter called
Owner, unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred
to in the penal sum of Eighteen thousand, three hundred thirty and
No/10° Dollars ($18,330.00) in lawful money of the United States, to b<
paid in Nacogdoches County, Texas, for. the payment of which' sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain contract with Stephen F. Austin State
University, the Owner, dated the 16th day of Qctoher , A.D., 1971 a
copy of which is hereto attached and made a part hereof for construction
of: "Renovation of Swimming Pool Water System".
NOW THEREFORE, the condition of this obligation is such that,
if the Principal shall promptly make payment to all claimants as defined
in Article 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 pro
vided 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 protection
of all claimants supplying labor and materials in the prosecution of the
work provided for in said Contract, and all such claimants shall have
a direct right of action under the bond as provided in Article 5160,
Revised Civil Statutes, 1925, as amended by House Bill 3kk, Acts 56th
Legislature, Regular Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Nacogdoches County, State of Texas,
and that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition
to terms of the Contract or to the work to be performed thereunder
or the Specifications accompanying the same shall in any wise affect
its obligation on this bond, and it does hereby waive notice of any
change, extension of time, alteration or addition to the terms of
the Contract or to the work or to the Specifications.
8-20-
PAB-1
PROVIDED FURTHER, that no final settlement between the
Owner and the Contractor shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in five encounter-parts,
each one of which shall be deemed an original, this the
16th day of October A.D. ,197] .
ATTEST: Henry T. Smith
Principal
(Principal) Secretary
SEAL
BY
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Fidelity & De-posit Company of Maryland
Surety
Attorney-in-Fact
Witness as to Surety
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
Address
BY:
.y Assistant Attorney General
8-21-
PAB-2
72-24
Upon motion of Regent Maness, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the University be authorized to pay those
annual salaried employees (9 or 12 months) the salaries which were con
tracted and approved in the July 31, 1971, meeting for the year 1971-72,
when the Federal Wage and Price Regulations permit.
Regents Bergman and Todd extended an invitation to the Board members to
meet in Dallas, Texas, for the next meeting.
Greg Raney, University Student Congress President, attended the meeting
as a special guest.
There being no further business, the meeting adjourned at 12:00 noon.
C. G. Haas
Secretary
8-22