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HomeMy WebLinkAbout1999-12-07-0900AM-Regular• l L FILED FOR RECORD o GATE 1.2 - a 9 9 AT L'4S 0CLOCK-f NJ MARY ANN WARD BRAZOS COUNTt CLERK By ac l~ a 9a NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, DECEMBER 7,1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26Ta STREET, SUITE 115, BRYAN, TEXAS. BR.AZOS COUNTY BRYAN. TEXAS 1. Invocation - Commissioner Sims. 2. Pledge of Allegiance - Commissioner Sims. r Consider and take action on agenda items 3 -16: 3. Budget Amendment 99/00-7. 4. Personnel Changes of Status. 5. Approval of Recurring Payment Request for the Brazos Valley Council of Governments. 6. Payment of Claims. 7. Rescinding the Order Prohibiting Outdoor Bunning. 8. Letter of Engagement with Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., for legal services required for redistricting the county after the 2000 census. 9. Approval of Article III of the Bylaws for the Bryan-College Station Economic Development Corporation. 10. Usage Agreement with The Sovereign Grace Church for courtroom space for the Justice of the Peace, Precinct 2. 11. Recommendations for Retiree Monthly Medical/Dental Insurance Premiums. 12. Order reducing the number of years of service required for Military Service Credit with the County Retirement System. 13. Cancellation of the Commissioners Court meeting scheduled for December 28, 1999. 14. Requisition from Certificate of Obligation - Courthouse Improvement Funds for computer networking equipment. woL..s! 8....PAtI - . Commissioners Court Mating Agenda December 7,1999 Page Two 15. Requisitions for the Road & Bridge Department for the following items let on bids: a. Bid #2000-007 Equipment Lubricants b. Bid #2000-008 Oversized Limestone Aggregate c. Bid #2000-009 Heavy Machinery Rental d. Bid #2000-010 Road Signs and Sign Posts 16. The Final Plat of High Country Subdivision Phase Three, 26.29 acre tract, G.H. Coleman Survey. Site is located in Precinct 2. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (409) 361-4102. i i F • e s 19 DAQP • • r t COMMISSIONERS' COURT REGULAR MEETING DECEMBER 7, 1999 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 7, 1999, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1, Absent; Wm.S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance: Commissioner Sims gave the invocation and led the pledge of allegiance. The County Judge displayed a certificate of appreciation from the Retired Senior Volunteer Program. The Court next considered Budget Amendment #99/00-7.1 which would reallocate funds for Justice of the Peace, Precinct 2. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the changes as submitted. The Court next considered authorizing the Auditor's office to process a recurring payment request for the following: a) Brazos Valley Council of Government, for indigent health care for $60,000 .awcAww CT-OWN If {i t i~ r i I ,i Commissioners Court meeting December 7, 1999 2 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the Auditor's office to process the previously noted recurring payment. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20001875 through 20002096 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration by the Court was rescinding the Order banning out door burning. As of Sunday, the drought index was at 612. The Acting Emergency Management Coordinator dould not recommend rescinding the order. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to table rescinding the outdoor burning ban. The Court next considered approval of a Letter of Engagement with Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., for legal services required for redistricting the County after the 2000 census. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Letter of Engagement. A copy of the Letter is attached. The next matter'before the Court was approval of Article III of the Bylaws for the Bryan-College Station Economic Development Corporation. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to approve Article III. A copy is attached. The Court next considered a Usage Agreement with The Sovereign Grace Church for courtroom space for the Justice of the peace, Precinct 2. The charge for use of space is $25.00 per session. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously 00,.PAQ. R - 5,5 ~ - A i b • P i Commissioners Court meeting December 7, 1999 3 to approve the Usage Agreement with The Sovereign Grace Church. A copy of the Agreement is attached. The Court next considered the recommendations made by the Benefits and Insurance Committee payment of monthly Medical/Dental Insurance Premiums for retirees. The Committee recommended that the County pay the monthly medical/dental insurance premium for retirees, and require the retiree to continue paying the dependent premium, effective with the January 1, 2000 plan year. Currently there are fifteen retirees on the County insurance and the cost to the County will be $39,744.00 per year. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the recommendations made by the Benefits and Insurance Committee and to pay the monthly medical/dental insurance premiums for retirees. The Court next considered adopting an Order reducing the number of years of service required for military service credit with the County retirement system. This would reduce the number of years from ten to eight years. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt an Order reducing the number of years of service required for military service credit. A copy of the Order is attached. The next matter for consideration was the cancellation of the Commissioners Court meeting scheduled for December 28, 1999. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to cancel the meeting. The Court next considered approval of a requisition from the Certificate of Obligation - Courthouse Improvement Funds for the following purchase: a) Computer Networking equipment for Risk Management, Court Master and Purchasing Departments, $2,974.96. VOL,2. 0AQK'.A55 r I Commissioners Court meeting December 7, 1999 The County Auditor recommended that the equipment not be capitalized and that it be purchased as minor equipment. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisitions to be paid from Certificate of Obligation - Courthouse Improvement Funds. The Court next considered the following requisitions for purchases through sealed competitive bids for the Road and Bridge Department: i Amount 1) No. 2000-07 - Equipment Lubricants $20,000.00 Primary - Timmons Oil Secondary - Brenco Marketing 2) No. 2000-08 - Oversized Limestone Aggregate $56,880.00 Primary - Austin Crushed Stone 3) No. 2000-09 - Equipment Rental $25,000.00 Primary - Mustang Tractor Secondary - Elite Rentals Alternate - R. B. Everett No. 2000-10 - Road Signs $35,000.00 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the above listed requisitions for the Road and Bridge Department The Court next considered approval of the Final Plat of High Country Subdivision Phase Three located in Precinct 2. ' The County Engineer, stated that he had reviewed the plat and recommended acceptance as submitted. On motion by ' Commissioner Thornton, seconded by Commissioner Sims, the i Court voted unanimously to approved the final plat of High I Country Subdivision Phase Three. Under announcement of interest items and possible ' future agenda topics the County Judge made the following ' comments: a) He received a map of the census tracts and areas that will receive special attention for the count for 2000. ' Commissioner Cauley stated that he thought there would be a concerted effort for a door to door count. t ~ t r• J ~ f.'nM1 nRl I 4 C i i'~ I Commissioners Court meeting December 7, 1999 5 b) The County Court at Law #2 Judge has announced his intentions to run for the 272nd District Judge's position. This creates a vacancy in the court. He has • received applications and resum6s for the position. He will make an announcement about it. Interested persons should present something to the Judge outlining their interest. Commissioner Sims would like to wait until after December 4`n to make the appointment. He also has some concern about Judge Davis recusing himself from hearing cases due to possible appeals of those cases. c) He attended a CUC meeting with a representative from the Texas Juvenile Commission. There will be other meetings held prior to the next legislative session. A representative from the Juvenile Commissioner will meet after the fist of the year with the local Juvenile Board. d) He received a letter from Kay Hamilton, County Treasurer to place Bail Bond Board appointments on the agenda for Commissioners Court. e) He received a draft copy of the Vehicle • Use Policy from the Road & Bridge Department. The Sheriff was designated as chair of the Vehicle Use Committee and reported on the December 6, 1999 meeting. He outlined guidelines for policy. There was considerable discussion on usage and policy for use of county vehicles and equipment. Commissioner Sims made the following comment: a) He suggested meeting with Lynn Elliott about the 35 water wells being drilled in Burleson county and piped to Georgetown. The County Judge continued with his comments: f) He read an article in County Progress Magazine on pages 12-13 entitled "The Bug Stops Here". He will visit with various departments to see if they are all ready for the year 2000. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. r The foregoing minutes of the Commissioners Court meeting held December 7, 1999 have been examined and are approved in open Court this the e2^A day of 202Q, in Bryan, Brazos County, Texas. Alvin W. Jones County Judge Jl ~ Tony ones Commissioner, Precinct 1 Z-.4' Randy 65Ms Cc sinner, Precinct 3 Wm. ?7 Thor n ton Commissioner, Precinct 2 arey C u ey, Jr. Commis Toner, Pre n t 4 Mary n Ward County Clerk i i h r~~ BRAZOS COUNTY COMMISSIONERS' MEETING ON TUESDAY. DECEMBER 7. 1999 AT 9;OOA.M. 'i f~ i f- , V 0 0 -9,- a-AM~- COT, f t 6 Gl ~t lyd w- Pei II\\ c 1 ear I S lJ~ ~ z4~ Lag . 711kro V"L BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR NO. 99/00 07.1 On this the 7~'' day of December 1999 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on December 7, 1999 the Court heard and approved a budget amendment for the 1999-2000 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 9, 1999 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 7"' day of December 1999. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes • 'I VOL ~f !1 t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00-7.1 12/7/1999 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 242001 617400 DR Telephone 600.00 01 242001 614500 DR Miscellaneous Ex enditure s 60.00 01 242001 613240 DR Equipment-Minor 100.00 01 242001 711190 CR Janitorial Services 760.00 ePa~ r ti :t~a'`WL ~ APProYg Bv., 01,-4 t ~ te•=f.{;~~ 1 S J PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: December 7, 1999 DEPARTMENT: PERSONNEL PURPOSE: APPROVE PERSONNEL CHANGE OF STATUS lfft►lffflif►f!1•}►f}lfAf~i~lfii}t►fl•!! lifff►lflfffifi}AfffftflAtif!liiffff}}AAi!!!!}tiff►►fii}ti►►}►►►►ff►fi DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED fffflffifff►lt►fAi}!►fiifitfttfifif►iii► ►}AAAftffif}►►ift►ff►AAA!►tAAtRlA}AA►}iii!►►►►fiifl►f►f f!•f•ff}fffiit! COUNTY COURT AT LAW lit HAY, KARA S RESIGNATION DISTRICT CLERK CARTER, TREVA A NEW HIRE-TEMPORARY FILING OPEN POSITION MICHAEL, MARY F CORRECTION OF PERSONNEL ACTION FORM APPROVED IN 11/23/1999 COMM. CRT. MEETING MPO HOWARD, ANDREW C - RESIGNATION SHERIFF OFFICE - JAIL DIVISION YOUNG, SHANE C - TERMINATION I BRISCOE, BRAD A RESIGNATION TAX OFFICE BASS, SUNNER RESIGNATION Approved in Commissioners' Court: December 7,19" County Judge or Commissioners Signature: , 494 1~ • Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. IM rnd B@AL Pim 818 C40VM k W AuAK Tum 78M-3443 (5111972401 ru (M)UHW wow lkbanuffAm October 26, 1999 Brazos County Commissioners Court County Courthouse 300 East 26th Street Bryan, TX 77803 Re: Legal Services 01 Dear Judge and Commissioners: Thank you for selecting our law firm to represent you. We appreciate your confidence in us and will do our best to continue to merit it. The purpose of this letter, together with the enclosed "Standard Terms of Engagement," is to set out our understanding with respect to the specific terms of our relationship. Please review the Standard Terms of Engagement carefully and contact us promptly if you have any questions regarding our relationship. This letter, together with the Standard Terms of Engagement, constitutes our agreement with you (this "Agreement") under which our services will be provided. Identity of Client We will be representing the interests of Brazos County, Texas. Nature and Scope of Representation We understand that while in the future we may from time to time be employed on other matters, our present relationship is limited to representing Brazos County as follows: preparation of a redistricting plan for Brazos County based upon the 2000 Census, including redrawing of Commissioner precincts, Justice and Constable precincts and election precincts. Supervision and Delegation Bob Heath and Greg Hudson will be the partners who will coordinate and supervise the services we perform on your behalf. We routinely delegate selected responsibilities to other persons in our Firm when, because of special expertise, time availability or other reasons, they are in a better position to carry them out. In addition, we will try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you. - r. v. V r VOL,Z!,~AQR 4&a ~t x i Financial Arrangements The enclosed Standard Terms of Engagement, together with this letter, outlines the financial terms of our engagement. If anything in this letter or the Standard Terms of Engagement is unclear or presents a problem to you, please advise me promptly so we may discuss it and reach a full understanding. Acceptance of Terms If this arrangement is acceptable to you, please sign the enclosed duplicate original of this letter and return it to us at your earliest convenience. We truly appreciate the opportunity to be of service to you and look forward to working with you in a mutually beneficial relationship. ,1 I AGREED TO AND ACCEPTED BRAZOS COUNTY, TEXAS By: Name: Alvin W. Jones Title: County Judge Date: December 7, 1999 cc: Billing Department -f i/ Yl r • STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. 1. The Scope of Our Work You should have a clear understanding of the legal services we will provide. Any questions that you have should be dealt with promptly. We will provide services related only to matters as to which we have been specifically engaged. We will at all times act on your behalf to the best of our ability. Any expressions on oui part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. 2. )fees For Legal Legal Services • Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill requested to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and paralegals who perform the services. These rates vary depending on the expertise and experience of the individual. We adjust these rates from time to time, increasing them as the individuals gain experience and expertise and to reflect current economic conditions. We will notify you in writing if this fee structure is modified. At the present time the standard billing rates for partners in this firm are between $175.00 and $250.00 per hour; the billing rates for associates are between $90.00 and $175.00 per hour; the billing rates for paralegals are $65.00 per hour, the billing rate for briefing clerks is $50.00 per hour, and the billing rate for our redistricting specialist is $90.00 per hour (all fees quoted are in U.S. Dollars). 3. Other Charges All out-of-pocket expenses (such as long distance telephone charges, copying charges, travel expenses, messenger expenses and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your monthly statement. We have enclosed a schedule which indicates the rate at which most.of these items will be charged. f t i ~y r f i 4. Hilling_Procedures and Terms of Payer t Our billing period begins on the 16* of the month and ends on the 151 of the following month. We will render periodic statements to you for legal services and expenses. We usually mail these periodic statements toward the end of the month following the latest date covered in the statement. Each statement is payable within 30 days of its stated date and must be paid in U.S. Dollars. If any statement is not paid within 30 days after its stated date, interest at the rate of 1 Y2 percent per month (18 percent per annum) will accrue on the balance due. However, if at any time 18 percent per annum exceeds the highest interest rate permitted by applicable law, then the interest rate that will be applied to any overdue amounts will be reduced to the maximum rate permitted under applicable law. If you have any question or disagreement about any statement that we submit to you for payment, please contact me at your earliest convenience so that we can resolve any problems without delay. Typically, such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. 5. Termination of Services You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attomey-client relationship with you at any time that payment of your account becomes delinquent. Additionally, in the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the then status of your matter. No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination. 6. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we cannot be held responsible in any way for failure to do so, and we hereby expressly disclaim any such responsibility or liability. You must ultimately retain all originals and copies you desire among your own files for future reference. 7. Fee Estimates We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and r ,r R~ i . 01 •e understanding that such estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is frequently more or less than the amount estimated. 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Travis County, Texas, United States of America. 9. estio If you have any questions from time to time about any aspect of our arrangements, please feel ' entirely free to raise those questions. We want to proceed in our work for you with a clear and satisfactory understanding about every aspect ofour billing and payment policies; and we encourage an open and frank discussion of any or all of the matters mentioned in this memorandum. If Y I. I~ r 1 • - ' N Client Costs Advanced Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. The firm incurs expenses on behalf of clients only when required by the legal needs of the clients. Some cases or matters require extensive use of copy facilities, and other cases may not be so paper intensive. Standard services such as secretarial and word processing time, file setup, and file storage , are not charged; however, other expenses such as long distance fees, copies, delivery fees, and fax charges are billed to the client needing those services. An explanation of the billing structure is as follows: Delivery Services Outside delivery services are used for pick-up and delivery of documents to the client as well as to courts, agencies, and opposing parties. Outside delivery fees are charged to the client at the rate charged to the firm. Overnight delivery services are also charged at the rate charged to the firm. Firm Office Services Department personnel may provide delivery service in urgent situations and charges for such in-house service will not exceed the charge that would be made by an outside service in a similar situation. Telephone Our long distance charges are based on the exact number of minutes per call as provided by our carriers. The rate applied to the call is $.20 per minute. Cell phone charges will be charged at invoice rate if the call is long distance; otherwise, local cell phone charges will not be charged to the client. Postage Our postal equipment calculates exact US postage for all sizes and weights of posted material. The rate charged for postage is the same as the amount affixed to the material that i is mailed. We will not charge clients for postage on routine correspondence: however, the cost of large-volume mail, certified mail, or other additional mail services will be charged to the client. ie Our standard rate for copies made by firm personnel is $.15 per copy. This charge covers paper, equipment costs, and other supplies. If savings can be realized within the required time frame by sending copy jobs to subcontractors, the firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the firm. Computerized Research If a case requires the use of computerized legal research, trained and skilled legal researchers are used to minimize on-line data charges. The fine charges $4.00 per minute of on-line connect time. Fax Fax copies will be charged at the rate of $.25 per page. 1COL'.2.YAG s~ $ _ l Tra el Attorney and paralegal time spent traveling on behalf of a client is billed to the client. Hotel, • meal, local transportation, and similar expenses are charged based on receipts and travel expense forms submitted by the attorney. Documentation is available to the client if requested. Other Expenses Expenses incurred to outside providers in connection with the client's legal services should be paid by the client directly to the outside provider unless specifically arranged in advance. If the firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the firm. Examples of such charges include: court reporter fees, filing fees, newspaper charges for publication notices, PUC download fees, expert witness fees, consultants, and other similar expenses. Such expenses will not be incurred withoutapproval from the client. I[] VV f _ric mlr~ Eli:.ooeeiWM. Y 92/,26/1994 06:37 4992695252 EDO BYLAWS OF BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION PAGE 92 ARTICLE I. PURPOSE The purpose of the Bryan-College Station Economic Development Corporation (F•DC) is to promote and facilitate activities that enhance the economic base throughout Brazos County without regard to municipal boundary, with daily operational emphasis on the recruitment of new non-retail businesses. Improved employment opportunities throughout the County which either directly or indirectly benefit the low and moderate sectors of the workforce is a primary objective. ARTICLE IL DIRECTORS AND OFFICERS This Corporation shall have the following voting Directors and Officers: twelve (12) Directors, plus two (2) ex-officio members and one (1) non-voting member as described below in Article III, provided that the number may be increased or decreased from time to time by an amendment to these Bylaws, but no decrease shall have the effect of shortening the term of any incumbent director, not shall the total number ofDirectors be less than three (3) at any time. The Directors shall elect from their members a Chairman, Chairman-elect and a Treasurer. The Chairman shall appoint the office of Secretary. All other Officers shall be required to be voting Directors of the Corporation. ARTICLE III. APPOINTMENT AND QUALIFICATIONS OF DIRECTORS The Directors shall be appointed in the following manner: three (3) shall be appointed by the City Council of Bryan, three (3) shall be appointed by the City Council of College Station, three (d) shall be appointed by the Brazos County Commissioners' Comm. and two (2) shall be appointed by the Brazos County Industrial Foundation, and one (1) r r, U ' 1 • • r r i 1 C i I 82/.26/1994 06:37 4092605252 EDC PAGE 03 shall beappointed b , , , , , , Lr .tz,, • . f . e Bryan-College Station Chamber of Commerce. The Directors appointed by the Brazos County Industrial Foundation need not be residents of either Bryan or College Station, but must reside within Brazos County, Texas. One ofthe three appointees representing the City of Bryan, City of College Station and Brazos County to the EDC Board shall be an elected member of City Council or Commissioners' Court. In addition to duties of the EDCBoard members outlined herein, it shall be the duty of these elected officials to serve a liaison junction between the EDC and thegoverning body ofthegovernmental entityfrom which they were appointed Such liaison role may include providing perlodic reports on the activities and plans of the EDC to the governmental body and communication of the priorities of the governing body to the EDCBoard The remaining non-elected representatives of the cities and county shall meet whatever qualifications the entity may establish which shall include residency within theirJurlsdietion. At such time that the appointed elected representative should cease to bean elected official, helshe will be required to resign the EDCBoard position and the governmental entity affected will appoint a new representative from the entity to fill the vacant position. The Bryan City Manager, and the College Station City Manager shall serve as ex- officio members of the Board of Dlrectors, without vote. 'mere shall also be one (1) non- voting Director who shall be appointed by the President of Texas AAM University. T~m . _ The Chamber representative will be appolated for a one-year tern fs'W "'be far an irhtW le -Y twatm imetTh nine Iv'- V _ 1~ a ti . • 4.\ !rte • 1 , i 02126/1994 06:37 4092605252 EDC PAGE 04 (Moved from 0Hglnal Article IN.• No voting Director may serve more than one unexpired term, plus two (2) consecutive three (3) year term as Director of the Corporation except as noted below regarding ImmedlatePast Chaimmn. Any Directorof the Corporation who is ineligible for immediate reappointment under the preceding" sentence is ineligible for reappointment for a period of one (1) year following the expiration of his term.) Notwithstanding the Ineligibility of the Immediate Past Chairman, pursuant to the preceding paragraph, to continue to serve on the Board, the Immediate Past Chairman shall continue to service as a voting renumber of the Board and a voting member of the Executive Committee until the end of the term of the then serving Chairman. of AW VP) SM! b! A! P MOM* f6i wt - - -h-00W.-St -g! -in'tiM telm OHM= 11poyy~lirr. ` . ARTICLE IV. ELECTION OF OFFICERS The Nominating Committee will be made up of the Chairman, Chairman-elect, Immediate Past Chairman and a representative of the City of Bryan, the City of College Station and Brazos County. The Officers, other than the Directors, shall be elected at the annual meeting of the Board of Directors provided for herein, and the Directors shall elect said Officers as provided for herein from among their number. Each Director shall be entitled to one vote and it shall require a majority vote to elect any Officer. The Officers shall hold office at the pleasure of the Board of Directors. t - '11j~' ~ y}'' 1 .~1/1 + -.~l'uj ) jj, in • 1 Ill i • • 02/,26/1994 06:37 4092605252 EDC PAGE 05 L Y W r ARTICLE V. TERM OF OFFICE FOR THE OFFICERS The Officers of the Corporation shall be elected annually in the manner provided for above. The term of the office shall run from June 1 of each year through May 31 of the following year. Each Director and Officer shall serve from the date of his election and qualification until his successor is elected and duly qualified. Nomination as Chairman requires one year's experience on the EDC Board of Directors. Each officer is elected to serve for twelve months unless requested otherwise by the majority of the EDC Board of Directors. ARTICLE VI. EXECUTIVE CONDUTTEE The Executive Committee shall consist of the Chairman, Chairman-elect, Treasurer, Immediate Past Chairman, Secretary and President/CEO. Meetings of the Executive Committee may be called by the Chairman, or the Chairman-elect in the absence of the Chairman. The duties of the Executive Committee shall be to review prospect proposals and existing business proposals prior to presentation to the Board of Directors and other duties as may be assigned by the Board of Directors. The Executive Committee will meet monthly, two weeks before, and no less than one week prior to the regular monthly Board Meeting. Board members will receive a notice and agenda in advance of the meeting. Board members can request the opportunity to attend any Executive Committee meeting for the purpose of addressing any specific agenda item. The President/CEO and Secretary will be present, but will have no vote. ARTICLE VII. MEETING OF THE BOARD OF DIRECTORS The Board of Directors shall have one annual meeting at which meeting the Board of Directors shall, by majority vote, elect the Officers of the Corporation. No Officer shall be appointed for a term exceeding three (3) years. In addition, the Board of Directors shall meet upon the call of the Chairman or Chairman-elect, as the case may be, and it shall meet at such time and place as directed by the officer calling the meeting. Such calls shall be made by personal notification. A majority of the voting Board of Directors will constitute ® 4 S-4f f is 1 02/26/1994 06:37 4092605252 EDC PAGE eG a quorum, and if a quorum be present, then any manner of business may be attended to and the Corporation be bound. The place and time of all Board of Directors meetings shall be set by the Chairman or by the Chairman-elect in the absence of the Chairman. ARTICLE VIII. FILLING OF VACANCIES ON THE BOARD AND OFFICERS In the case of the death or resignation of any Officer or Director, or the refusal or inability of an Officer or Director to perform the duties of his office, the Board of Directors shall have the privilege to declare a vacancy on the Board or in the office, and such vacancy shall be filled for such unexpired term in the same manner as provided for regular appointments. Any Directorship to be filled by reason of an increase in the number of Directors shall be filled by appointment by the entity whom the new Director represents. Such newly created Directorship shall be for an initial tern of one (1) year, or if more than one Directorship is created, for staggered terms not to exceed two (2) years, thereafter each such Director shall serve for a period of three (3) years. ARTICLE DL CONFLICTS OF INTEREST I Policy Statement No person who has a conflict of interest may vote on, or otherwise participate in the evaluation, authorization or approval of the affected transaction, except to be counted in determining the presence of a quorum at any meeting of the Board of Directors at which the affected transaction is approved. Definitions A. Conflict of interest shall mean: i. The direct solicitation of or receipt of anything of value by any business or business entity in which a person has a substantial interest, and where such direct solicitation or receipt of anything of value is toward or from a business prospect which is actively involved in a transaction with the Corporation. For purposes of this definition, "the direct solicitation or receipt of anything of I - t s - ~twf y • . r Ve V. - 02/.26/1994 06:37 4092605252 R Enc • • 0 .S • ~P value", as previously referenced will only create a conflict of interest if such solicitation or receipt arises directly as a result of such person's position with the Corporation; and ii. Any situation in which a person has an interest in a matter before the Corporation which is inconsistent and incompatible with the interest of the Corporation. B. Person shall mean any officer, director, agent or employee of the Corporation. C. Transaction shall mean any occasion when a business prospect is requesting,. negotiating, or attempting to obtain economic incentives or benefits from or r through the Corporation. D. Substantial interest shall mean: i. A person owns or possesses ten percent (10%) or more of the interests in a business entity (whether in the form of stock, partnership interests or otherwise), or ii. A person owns or possesses an interest (with a fair market value equal to or greater than Seven Thousand Five Hundred and No/100 Dollars (S7,S00.00) in a business entity; and iii. A person received more than ten percent (10%) of such person's gross income in the prior year from a business entity. Procedure for Disclosing and Resolving a Conflict of Interest A. Any person who has a conflict of interest shall disclose such conflict of interest to the Executive Committee immediately upon obtaining knowledge of such conflict of interest. Upon making the report of a conflict of interest, the person making the report shall not participate in the evaluation, authorization, or approval of the affected transaction unless and until the Executive Committee advises such person that the subject of the report is not a conflict of interest. B. The Executive Committee shall evaluate the reported conflict of interest and shall determine whether or not the reported conflict is, in fact, a conflict of interest as defined herein. In making its decision, if a member of the Executive Committee 82/26/1994 86:37 4892685252 EDC PAGE Be has reported a conflict of interest, the Executive Committee shall refer the report to the full Board of Directors for a final determination. C. The Executive Committee shall inform the person staking the report of the Committee's or the Board's final decision. D. In the event that it is finally determined that a person has a conflict of interest, such person shall not continue to participate in the evaluation, authorization, or approval of the affected transaction, except to be counted in determining the presence of a quorum at any meeting of the Board of Directors at which the affected transaction is approved. Transaction Not Void or Voidable A. A transaction involving a conflict of interest, as herein defined, which was evaluated, authorized, consummated or approved by the Corporation, is not void or voidable solely for that reason, solely because the person with the conflict of interest was present at or participated in the meeting of the Board, or solely because the vote of the person with the conflict of interest was counted for that person, if: i. The material facts as to the conflict of interest and as to the transaction are disclosed or are known to the Board, and the Board in good faith and with ordinary care authorizes the transaction by the affirmative vote of a majority of the disinterested Directors, even though the disinterested Directors are less than a quorum; or I the transaction is fair to the corporation when it is authorized, approved, or ratified by the Board. ARTICLE X. DUTIES OF DIRECTORS Directors shall exercise ordinary business judgement in managing the affairs of the Corporation. Directors shall owe a duty of loyalty and care with respect to the interests of the citizens of Brazos County. In acting in their official capacity as Directors of this Corporation, Directors shall act In good faith and take actions they reasonably believe to Y[ r _ - I _ ' 1 ,~r - - - - - - - - - - - - - - - - - - - - - - - - - • 02/26/1994 86:37 4092685252 EDC i Y i PAGE 09 be in the best interest of the Corporation and that are not unlawful. In all other instances, the Board of Directors shall not take any action they should reasonably believe would be opposed to the Corporations best interests or would be unlawful. Directors will keep confidential all matters discussed in Executive Session. Each Director has a responsibility to stay abreast of all EDC business through regular attendance of all board meetings. Any member of the Board of Directors may be removed from office upon notification of appointing entity if such member fails to attend at least two thirds of the meetings of the Board for any six-month period during which the appointee is a member of the Board. Excused absences will be granted by the Chairman of the EDC for reasons of personal or professional emergencies or health. Board meeting attendance will be taken fifteen minutes after the commencement of each meeting. The Secretary will track attendance and report to the Chairman on a quarterly basis. ARTICLE XL DUTIES OF THE CHAIRMAN The Chairman shall preside at all meetings of the Board of Directors. He shall have all the general powers and duties which are usually vested in the office of Chairman of a tnon- profit corporation. The Chairman shall have the power to sign checks, warrants, and vouchers whereby the funds of the Corporation will be disbursed; however, such checks must be, in all cases, countersigned by another Officer. In the absence of the PresidentICEO, the Chairman will perform the duties of the President/CEO. The Chairman shall perform such other duties as shall properly relate to his office, and such other duties as may be required of the position from time to time by the Board of Directors. ARTICLE X11. DUTIES OF THE CHAIRMAN-ELECT The Chairman-elect shall act for and assume the power of the Chairman in the absence of the Chairman or upon refusal or inability of the Charrrnan to act. The Chairman-elect shall have the power to sign checks, warrants, and vouchers whereby the funds of the Corporation will be disbursed; however, such checks must be. in all cases, countersigned by another Officer. The Chairman-elect "perform such other duties as shall properly relate t i l~ I~ f 4 } c y 1 02/26/1994 06:37 4092605252 EDC PAGE 10 to his office and such other duties as may be required of the position from time to time by the Board of Directors. ARTICLE XIM DUTIES OF THE SECRETARY . a 'i s ~ I E 1 ~ t. t. I 4 l t I 'c The President/CEO shall recommend a staff person to the Chairman to serve as Secretary. The Secretary shall keep a correct set of typed minutes of all meetings of the Board of Directors in a loose-leaf book provided especially for that purpose. The said minutes shall be open at any time to the inspection of any Director of this Corporation or any appointed or elected official ofany entity which appoints Directors to this Corporation at any time. The Secretary shall also have possession of and be responsible for keeping the Seal of the Corporation and shall attest and affix the Corporate Seal to every contract in writing executed by the Corporation. The Secretary shall have charge of such books and papers as the Board of Directors may direct; and shall, in general, perform all the duties incident to the office of the Secretary, and such other duties as may be required of the position from time to time by the Board of Directors. ARTICLE XIV. DUTIES OF THE TREASURER The Treasurer of the Corporation shall maintain a copy of the records reflecting the financial condition of the Corporation at all times. Such records shall be open at any time to inspection by any Director of the Corporation and any appointed or elected official of any entity which appoints Directors to this Corporation. In addition, it shall be the duty of the Treasurer to monitor the expenditure of the funds of the Corporation. The Treasurer shall have the power to sign checks. warrants, and vouchers whereby the funds of the Corporation will be disbursed; however, such checks must be, in all cases, countersigned by another Officer. The Treasurer shall perform all other duties assigned to the Treasurer by the Board of Directors. including that the Treasurer shall countersign the checks issued by the Corporation whenever possible. The Treasurer shall hold the position and perform the duties of Secretary in the Secretary's absence. Wo ~~hup 67, 0 91 02/26/1994 06:37 4092605252 EDC PAGE 11 ARTICLE XV. REAL ESTATE TRANSACTIONS All sales or conveyances or mortgages of real estate owned or held by the Corporation shall be in writing, signed and acknowledged by the Chairman, or Chairman. elect in case of the absence, refusal, or inability of the Chairman to act, and the Secretary shall attest such conveyance under the official seal of the Corporation. No real estate shall be purchased, sold, mortgaged, or otherwise disposed of unless the transaction shall first have been ordered by resolution passed by the Board of Directors. These same requirements shall apply to leases made upon the property of the Corporation, including loans, pledging of assets, multi-year contracts subject to S 10,000 not previously budgeted. ARTICLE XVI. MANAGEMENT AND DUTIES OF THE PRESIDENT/CEO The Corporation shall select, employ and monitor the performance of a competent President/CEO, qualified by education and experience, who shall be responsible for the management of the Corporation. The authority and duties of the President/CEO shall be the following: a. to carry out all policies established by the Board of Directors and the Corporation through the current Chairman; b. to prepare an annual budget showing the expected receipts and expenditures of the Corporation; c. develop and maintain personnel polices and practices for the Corporation as approved by the Board of Directors. Select, employ, supervise and discharge employees; d. to supervise the business affairs of the Corporation; e. to present to the Board of Directors and any entity which appoints Directors to this Corporation, periodic reports reflecting the services and financial activities of the Corporation and prepare and submit any special report as may be required by the above-mentioned Board and entities; f. to attend all meetings of the Board of Directors and any meetings of the City Councils of Bryan and College Station, Brazos County i r t .t t ;I EDC PAGE 12 02426/1994 06:37 4092605252 Commissioner's Court, the Brazos County Industrial Foundation and the Bryan-College Station Chamber of Commerce as may be required; and g. to perform any and all other duties that may be necessary in the best interest of the Corporation. h. The CEO has an obligation to inform the Board of concerns that the Chairman is giving perceived direction contrary to the Board of Directors. The Board of Directors shall assume supervision over the affairs of the Corporation with the exception that the President/CEO shall have such authority and powers as necessary to carry on the general everyday business of the Corporation. The President/CEO shall keep an accurate set of records reflecting the financial condition of the Corporation at all times. Such records shall be open at any time to inspection by any Director of the Corporation or any appointed or elected official of any entity which appoints Directors to this Corporation. In addition, it shall be the duty of the PresidentICEO to supervise the expenditure of the funds of the Corporation and may sign checks, warrants, and vouchers whereby the funds of the Corporation will be disbursed; ' however, such checks must be, in all cases, countersigned by another Officer. ARTICLE XVIL AMENDMENTS AND BYLAWS The Bylaws, except Article III hereof which requires the approval of the Cities of Bryan and College Station, Brazos County and The Brazos County Industrial Foundation, may be altered, changed, or wncnded by the majority vote of all the Directors of the Corporation at any Directors meeting specially called for that purpose by the Chairman. Upon written application of a majority of the Board of Directors, the Chairman shall be required to call such a Directors meeting. ARTICLE XVI U. SALARIES The salaries of the President/CEO and any other full or part-time employees of the Corporation shall be set by the Board of Directors annually during the budget process. Employee salary increases, with the exception of the President/CEO. resulting from annual performance evaluations shall be determined by the President/CEO at the time of the ^ tl s V 1 Y \I _ r i - •i 01 *e f ' PAGE 13 02/26/1994 06:37 4092605252 EDC evaluation to the extent that the increases fall within the budget approved by the Board of 4 Directors. ARTICLE XIX. ' NON PROFIT CORPORATION i This Corporation is not organized for profit. No member of the Board of Directors or person from whom the Corporation may receive any property- or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the Corporation be paid as a salary.or as compensation to, or distributed to or inure to the benefit of any member of the Board of Directors; provided, however, always (1) upon -prior authorization of the Board that reasonable compensation may be paid to any member while acting as any agent or employee of the Corporation for services rendered in effecting one or more of the purposes of the Corporation, and (2) that any member of the Board of Directors may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Corporation. ARTICLE XX. REGISTERED AGENT AND PRINCIPAL OFFICE The Corporation's registered office must be maintained in Texas at the address of the registered agent. The Corporation's registered office need not be a place of business of the Corporation. The Directors may change the registered office, registered agent or both by making the appropriate filing with the Texas Secretary of State. The Corporation's principal office will be at the place the Director's designate and need not be in Texas. Corporation records will be maintained at the Corporation's principal office. ARTICLE XXL CORPORATE SEAL The Directors shall provide a Corporate Seal which shall be circular in form and shall have inscribed thereon the name of the Corporation. EsaC PAGE 14 0212611994 06:37 4092605252 ARTICLE 3QCII. MEETING GOVERNANCE It will be the intent of all officials meetings of the EDC to generally follow the intent ofthe latest revision of Robert's Rules of Order. This Article will be applicable to the Board of Directors meetings, Executive Committee meetings, and all other committees, standing and ad hoc. ARTICLE XXIIL ! SPECIAL MEETINGS Special meetings of the Board of Directors may be held at any time upon the call of the Chairman or any two Directors. If a special meeting is called, the parties calling the meeting shall notify the President/CEO of the agenda items. The Secretary of the ! Corporation shall thereafter notify all of the Directors of the meeting and of the items on the agenda ARTICLE XXIV. QUORUM A simple majority of the voting Directors fixed by these Bylaws shall constitute a quorum for the transaction of business at any meeting of the Board of Directors, and a majority vote of those present shall be required for the approval of any action. ARTICLE XXV. BUDGETS AND FINANCING The Corporation shalt submit its financing request to the Cities of Bryan and College Station and Brazos County, as requested, and at the same time shall also submit its financing request to the Brazos County Industrial Foundation. The Corporation's fiscal year shall be i from October 1 through September 30, so as to coincide with the fiscal years of the Cities i of Bryan and College Station and Brazos County. r ~ .t , Y A 02/26/1994 06:37 i t f woL._...~..9 ~ X83 0 4092605252 EDC PAGE 15 ARTICLE XXVI. LIABILITY AND INDEMNIFICATION (a) The Corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, or suit or proceeding, whether civil, criminal, administrative or investigative and any appeal of such suit, action or proceeding by reason of the fact that he is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture;, trust, employee benefit plan, or other enterprise against judgments, penalties, fines, settlements and expenses (including attorney's fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he is found, pursuant to the requirements and procedure set forth in paragraph (d) below, to have mct the standard of conduct necessary for indemnification hereunder. If a person defined above is found liable to the Corporation or is found liable on the basis of a personal benefit was improperly received by that person, the indemnification by the Corporation shall be limited to reasonable expenses actually incurred. No indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for willful or intentional misconduct in the performance of his duty to the Corporation. (b) The termination of any action, suitor proceeding by judgment order, settlement, conviction, or upon a plea of polo contendere or its equivalent, shall not, or itself, create a presumption that the person did not meet the requirements set forth below at section (d). A person shall be deemed to have been found liable in respect of any claim, issue or matter only after the person shall have been so adjudged by a court of competent jurisdiction after exhaustion of all appeals therefrom. (c) Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Corporation in advance of the final disposition of such action, suit or proceeding, and prior to the determination required by paragraph (d) hereof. upon receipt of (i) an unlimited general obligation or undertaking by or on behalf of the director, officer. employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Corporation as authorized in this section, and (ii) a written 02/26/1994 06:37 i 1 i i 1 . 1 i f. i r P 4092605252 EDC PAGE 16 affirmation by the director. officer, employee or agent of his good faith belief he has met the standard of conduct necessary for indemnification hereunder. (d) The indemnification hereunder shall be made only upon a determination in the specific case that indemnification is proper in accordance with the following standards: the person (i) conducted himself in good faith; (ii) reasonably believed (a) in the case of conduct taken in his official capacity, his conduct was in the Corporation's best interest, and (b) in all other cases, his conduct was not at least opposed to the Corporation's best interest; and (iii) in criminal cases had no reasonable cause to believe his conduct was unlawful. Such determination shall be made (1) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (2) if a quorum cannot be obtained, by a majority vote of a committee of the board of directors designated to act in this matter by a majority vote of all directors, consisting solely of two (2) or more directors, not named defendants or respondents, or (3) by the written opinion of special legal counsel selected by the Board of Directors or a committee of the Board by vote as set forth in (1) and (2) above or, if such a quorum cannot be obtained and such a committee cannot be established, by a majority vote of all Directors. (e) The Corporation shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another Corporation, partnership, joint venture, trust, employee benefit plan or other enterprise against any liability asserted against him and incurred by him in any such capacity or arising out of his status as such, whether or not the Corporation would have the power to indemnify him against such liability under the provision of this section. (f) Any indemnification or advance of expenses in accordance with this article shall be reported to the members in writing with or before the (i) notice or waiver of notice of the next meeting, or (ii) consent to action without meeting, but in any case no later than twelve (12) months from the date of indemnification or advance. 1 1 V • r1 nw nor 1 i i ' t 1 Charles H. Ellis, Jr. Justice of the Peace Precinct 2 Brazos County P.O. Box 114 Wellborn, Texas 77881 (409) 690-0136 E-mail Judge2®txcyber.com November 22,1999 Usage Agreement for use of The Sovereign Grace Church as a Courtroom Based upon an agreement reached Sunday November 21,1999 between the two undersigned, the sanctuary of the Sovereign Grace Church, 14821 FM 2154, Wellborn, TX 77881, has been made available for use by the Justice of the Peace, Precinct 2, as a courtroom based upon the following stipulations. 1. Usage Fees: S 25.00 per session. 2. The court agrees to return the arrangement of the room to its original condition upon completion of any trials held In the sanctuary. 3. It was further agreed that should the utility bills for the Sovereign Grace Church Increase by an amount greater than the usage fee after the above indicated date, that the usage fee would be revisited after a review of the before and after utility charges. -a-'4Zk 1-i' d' !9! a - - Charles H. Ellis, Jr. Rev. Andrew Daily, Jr. Justice of the Peace, Preci 2 Minister Sovereign Grace Church A vin . J nes County Judge, Brazos County ! 8...PAU~ sus Cj ~L 1 11004 11/22/99 09:51 0512 328 8708 TORS PART TWO. FORM OF ORDER TO BE ADOPTED AND INCLUDED IN MINUTES EXHIBIT ONE. ORDER REDUCING THE NUMBER OF YEARS OF CREDITED SERVICE REQUIRED TO BE PERFORMED AS AN EMPLOYEE FOR ELIGIBILITY TO ESTABLISH CREDITED SERVICE FOR QUALIFIED MILITARY SERVICE FROM TEN YEARS TO EIGHT YEARS (SECTION 843.601(g)J WHEREAS, the County Is a participating subdivision in the Texas County and District Retirement System CSysteml; and WHEREAS, the County has previously authorized the establishment of credited service In the System in accordance with Section 843.601, Texas Government Code, for qualified military service performed by a County employee who Is a member of the System, who performs as an employee at least 10 years of service that Is credited in the System, and who is not eligible to receive federal retirement payments based on 20 years or more of active federal military duty or its equivalent and WHEREAS, the County has previously adopted the provisions of Section 844.210, Texas Govemment Code, under which a County employee who is a member of the System with at least 8 years of Section 844.210 credited service is a vested member and eligible to retire at the earlier of (1) age 60*. or. (1) when the number of years of the member's Section 844.210 credited service added to the years of the member's attained age equals or exceeds the number 80,, and WHEREAS, it Is determined that it would be a public benefit, as well as a benefit to County employees (Including former employees) who are members of the System, for these employees tD be perfnitted to establish credited service for qualified military service in aeoordartce with Section 843.601 after performing 8 years of credited service as an employee rather than 10 years; and WHEREAS, pursuant to Section 843.601(g), the County may authorize a reduction In the minimum credited service requirement for eligibility to establish credit under Section 843.601 from 10 to 8 years; it Is RESOLVED: 1. That, pursuant to Section 843.601(8), Texas Govemment Code, the County hereby authorizes a reduction In the minimum credited service requirement for eligibility to establish credit for qualified military service in accordance with Section 843.601 from 10 years to 8 years. 2. That this resolution shall become effective January 1. 2000. ~~P'Aa V-- 5 Rp 1 IA i i' r~ 4 • • s9 09:52 [512 328 8708 TCDRS PART THREE: CLERK'S CERTIFICATION. 1, MARY ANN WARD , Clerk of BRARO. County and ex-officio Clerk of the Commissioners Court, do hereby certify that the foregoing is a full, true and correct copy of Commissioners Court Order Reducing the Number of Years of Credited Service Required to be Performed as an Employee for Eligibility to Establish Credited Service for Quallfled Mllitamy Service From Ten Years to Eight Yaws [843.601(g)], and of the official minutes pertaining to Its adoption, as the same appear of record In Volume . Pages . of the official minutes of the Commissioners Court of BRA70S County, Texas. Given under my hand and seal of office this day of Azwjeann~ 1999. SEAL County Clerk and Clerk of the Commissioners Court 10005 .1 1 T • 1 K ~ Fi ,F 09:51 0312 828 8708 TCDRS • DISTRICT RETIREMENT SYSTEM Form TCDRS-Md- m 10 to 8 (County) 1999 A COUNTY PARTICIPATING UNDER SECTION 844.210 (8 YEAR VESTING) THAT HAS AUTHORIZED CREDIT FOR MILITARY SERVICE MUST USE THIS FORM TO ADOPT AN ORDER REDUCING THE NUMBER OF YEARS OF CREDITED SERVICE REQUIRED TO BE PERFORMED AS AN EMPLOYEE FOR ELIGIBILITY TO ESTABLISH CREDITED SERVICE FOR QUALIFIED MILITARY SERVICE FROM TEN YEARS TO EIGHT YEARS [843.801(g)] PART ONE. FORM OF MINUTES FOR ADOPTION OF ORDER THE STATE OF TEXAS COUNTY OF BRAZOS On this the 7th day of December 1999, the Commissioners Court of BRAZOS County, Texas ('the County') was convened In REGULAR session with the following members present ALVIN W. JONES County Judge i Commissioner. Precinct 01 I r i WM. S. THORNTON Commissioner, Precinct #2 I I RANDY SIMS CornmLssloner. Precinct #3 CAREY CAULEY, ' JR • Commissioner, Prednd dr4 i i 1 Mn/Ms. Al Jones moved that the order which is Exhibit One of these minutes, be adopted by the County. The motion was seoonded by MrA4e. Carey Cauley, Jr. and was adopted with the following members voting AYE: Alvin W. Jones Wm. S. Thornton Randy Sims and Carey Cauley, Jr. ; and the following members voting NO: n/a and n/a I 14003