HomeMy WebLinkAbout2001-11-13-0900AM-Regular•
RESOLUTION
Support of US 190/SH 21 Realignment
WHEREAS, the Texas Department of Transportation is developing a transportation project to
construct a four-lane divided highway on State Highway 21 (US 190) from the entrance to Coulter
• Field in the City of Bryan to Democrat Road east of the City of Kurten; and
WHEREAS, this project will construct a realignment to the south of the City of Kurten; and
WHEREAS, Brazos County is in support of this project and the realignment around the City of
Kurten; and
WHEREAS, it is necessary that a business route be designated through the City of Kurten; and
WHEREAS, a minute order must be prepared and adopted by the Texas Transportation Commission
to designate this business route through the City of Kurten so it may remain on the state highway
system.
THEREFORE, BE IT RESOLVED that Brazos County is in support of this request for a minute
order from the Texas Transportation Commission and supports the designation of a Business State
Highway 21 along the route of existing SH 21 through the City of Kurten.
Passed, Approved and Adopted by the Commissioners Court of Brazos County on this the
• 13t° day of November., 2001.
Alvin W -Jones
County Judge, Brazos County
Attest:
c
Karen McQueen, Coun Clerk
Brazos County
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IA61V tion
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The Commiggionerg Court
of
38rapo Countp, Texag
39bereo, Brazos County and The Software Group have entered into a long-term agreement
providing for a new integrated justice computer system; and
Wbereag, the Commissioners Court desires to provide the affected county departments, the
information technology department and The Software Group a forum for communication, discussion, and
management of the integrated justice system;
created.
JNe It Z!G'ljerefore Mealbeb, that the Brazos County Steering Committee for Justice Systems is
Pe 3t Further Xpoclbeb, that the Charter of the Brazos County Steering Committe for Justice
Systems attached to this resolution shall provide the direction necessary for the efficient operation of the
committee.
APPROVED in Regular Session of the Commissioners Court of Brazos County, Texas, on this 13t°
day of November, 2001.
C4. -
ALVIN . JONES 41
County Judge
TO JONE m. S. T H_ O N
Commissioner, ecinct 1 Commissioner, Precinct 2 D r, 'A A - - ( J, -
RANDY S CMEY- CA Y, W.- i
Com ' sioner, Precinct 3 Commission ,Precinct 4
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Charter of the Brazos County
Steering Committee for Justice Systems
•
Name: The name of this organization shall be the "Brazos County Steering
Committee for Justice Systems"
Purpose: It shall be the purpose of this steering committee to:
a. serve as the functional proponent for the Justice Systems
supporting all judicial and law enforcement processes of Brazos
County;
b. serve as a representative voice to provide a means for unified
action and a forum for discussion of common problems and their
solutions, goals and interests of the member departments;
C. review and authorize modifications to the integrated justice
system that do not require additional funding; and
d. review and recommend to the Commissioners Court any
modifications to the integrated justice system that require
additional funding;
Membership: The voting membership of the committee shall consist of.
One County Commissioner chosen by the Commissioners Court
County Clerk
District Clerk
County Attorney
District Attorney
Local Administrative Judge or designee (representing the County Courts
at Law and District Courts)
Sheriff
Community Supervision
One Justice of the Peace (chosen by the elected Justices of the Peace
in the county and representing all Justices of the Peace Courts)
Tax Assessor-Collector
County Treasurer
Each voting member may appear and be represented by their designee,
provided such designation is made in writing and delivered to the
committee chair at or prior to any meeting of the committee
The Department of Information Technology (IT) will provide technical
direction and support, but shall not be a voting member of the committee.
Officers: The officers of the committee shall be chosen from the voting
membership of the committee and shall consist of a chair, a secretary
and as many vice chairs and other officers as the committee may from
time to time appoint. The voting members will elect the chair for a term
of one year.
Voting: A quorum shall consist of not less than six (6) voting members. A vote
can only be held If a quorum is present at a meeting. A vote will be
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determined by a majority of the quorum, unless otherwise provided by
this charter or the bylaws of the committee. Voting may be by written
proxy or by designee delivered to the committee chair in writing at or
prior to any meeting.
Duties of Officers: The duties of the chairman shall be to call meetings, set the agendas,
and perform such other duties as the committee may determine. The
agenda may be set by requests from member departments and/or IT.
The secretary will record and distribute minutes and any reports on the
status of actions.
Meetings: Meetings shall be held at the discretion of the chairman. Requests for
meetings may come from any member(s) and/or IT. At least one
meeting per quarter shall be held. The secretary will be responsible for
notifying members and will maintain a list of the committee members.
Meeting shall be conducted in accordance with the most current version
of Robert's Rules of Order, unless provided otherwise by the committee
by-laws.
Amendments: This charter may be amended at any meeting of the committee by a two-
thirds vote of a quorum and the approval of the Commissioner's Court.
•
Original Interlocal Agreement
for
Information Resources and Technologies
This Original Interiocal Agreement, hereinafter, "Agreement," is entered into and between the
parties (hereinafter "Members") through their respective governing bodies, pursuant to and under
the authority of Chapter 791, Texas Government Code, and Subchapter F, Chapter 271, Texas
Local Government Code.
FINDINGS
• WHEREAS, modem technologies and telecommunication systems offer tremendous
opportunities to improve the efficiency and effectiveness of government in Texas; and
WHEREAS, most local governments do not have the resources or the local expertise to efficiently
and effectively acquire, implement and maintain technology and telecommunication systems; and
WHEREAS, there are many State, Federal and National initiatives related to enhancing
government technology and telecommunication capabilities, there is little, if any, coordination
between those efforts, especially with regard to Texas counties and other local governments; and
WHEREAS, there is no existing central, coordinated State agency or program to assist or
facilitate the acquisition and use of technology and telecommunication systems by local
governments; and
WHEREAS, more effective, efficient and reliable public services will result from all Texas counties
and other local governments working with one another, the State and the private sector to build
and maintain such systems; and
WHEREAS, there is an immediate and significant need for a central, coordinated technology and
telecommunications program to assist counties and other local governments with their information
resource and technologies needs; and
WHEREAS, Texas counties and other local governments of the State have individual authority to
• study, develop, purchase, deploy and use modem technologies and telecommunication systems
in support of their operations; and
WHEREAS, the use of technology and communication systems are a routine and essential
function of counties and other local governments of the State and are an integral part of all
government functions and services; and
WHEREAS, the governing bodies of the Members, individually and together, do hereby adopt and
find the foregoing premises as findings of said governing bodies.
NOW, THEREFORE, PREMISES CONSIDERED, and in consideration of and conditioned upon
the mutual covenants and agreements herein contained, the parties hereto do mutually agree as
follows:
C 8 al
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ORIGINAL INTERLOCAL AGREEMENT
AGREEMENT
1.01. Purpose and Scope.
This Agreement is for the purpose of providing central, cooperative and coordinated assistance
and services to Members in all matters relating to information resources and technologies in order
to increase efficiencies and improve the quality, reliability and interoperability of their Information
resources, technologies and services.
2.01. Definitions. For the purpose of this Agreement and all other agreements, contracts and
documents executed, adopted, or approved pursuant to this Agreement, the following terms shall
have the meaning prescribed to them within this section unless the context of their use dictates
otherwise:
a. "Data processing" means information technology equipment and related services designed for
the automated storage, manipulation and retrieval of data by electronic or mechanical means.
The term includes:
(1) central processing units, front-end processing units, miniprocessors, microprocessors
and related peripheral equipment such as data storage devices, document scanners,
data entry equipment, terminal controllers, data terminal equipment, computer-based
word processing systems other than memory typewriters and equipment and systems for
computer networks;
(2) all related services, including feasibility studies, systems design, software
development and time-sharing services, provided by member employees or others; and
(3) the programs and routines used to employ and control the capabilities of data
processing hardware, including operating systems, compilers, assemblers, utilities, library
routines, maintenance routines, applications and computer networking programs.'
b. "Information resources" means the procedures, equipment and software that are designed,
built, operated and maintained to collect, record, process, store, retrieve, display and transmit
Information and associated personnel including consultants and contractors.
c. 'Internet" means collectively the myriad of computer and telecommunications facilities,
including equipment and operating software, which comprise the interconnected world-wide
network of networks that employ the Transmission Control Protocol] Internet Protocol, or any
predecessor or successor protocols to such protocol, to communicate information of all kinds by
wire or radio.
d. "Information resources technologies' means data processing and telecommunications
hardware, software, services, supplies, personnel, facility resources, maintenance and training 4
e. 'Local government" has that meaning assigned to it by Government Code, § 791.003(4) and
includes any `political subdivision' of this state as authorized and defined in Government Code, §
791.003(5). For purposes of a cooperative purchasing program administered under this
Agreement pursuant to Local Government Code § 271.101, at seq., 'local government" has that
meaning assigned to it by Local Government Code, § 271.101(2) which definition includes
= Source: Information Resources Management Ad, Texas Government Code, Sec. 2054.003 (Vemon 2000).
id.
a Source. Children's Online Privacy Protection Act of 1998.15 U S.C. sec. 6501
' Source: Infon ne on Resources Management Act, Texas Government Code, Sec. 2054.003 (Vernon 2000)
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ORIGINAL INTERLOCAL AGREEMENT
counties, municipalities, junior college district, regional planning commissions and other political
subdivisions of the state.
f. 'Member' means a local government entity that is a party to this Agreement or has executed
an Interiocal Participatory Agreement as provided for herein.
g. 'elecommunications' means any transmission, emission, or reception of signs, signals,
writings, images, or sounds of intelligence of any nature by wire, radio, optical, or other
electromagnetic systems. The term includes all facilities and equipment performing those
functions that are owned, leased, or used by member entities.b
3.01. Powers and Duties.
1. Members agree to use their best efforts to cooperate and work together, whenever
possible and feasible, In all matters relating to information resources and technologies, and shall
develop, purchase and maintain such services as may be deemed necessary, feasible, and
appropriate, including but not limited to:
a. sharing of information, experiences and best practices;
b. planning and feasibility studies;
c. acquiring and assisting in the acquisition of bandwidth and in particular, direct full-time
connections to the Internet through high-speed, high-bandwidth connections;
d. establishing software, hardware and data standards;
e. technical assistance, training and education;
f. seeking grants and other funding sources for Members' information resources and
technologies;
g. creation and maintenance of a statewide virtual private network, internal Member networks
and services related to those networks;
h. cooperative or joint procurement of products, goods and services;
I. coordinating with the efforts of State and Federal agencies;
j. purchasing or creating shared applications;
k. geographic information systems and data;
1. data processing services; and
m. creation of online information, reporting, and other services either directly, through private
contractors, or through partnerships with state agencies.
2. Members shall create and maintain an information resource and technologies information
repository and web page for exchange of data and information in support of the purposes of this
Agreement.
3. Members shall do a review and assessment of their information resources, technological
capabilities and needs and shall, within twelve months from the date of this Agreement, prepare a
joint plan to address those needs, which shall include an itemized list of services to be provided.
4. Members shall provide such information and/or data as may be necessary to cant' out
the purposes of this Agreement, including surveys and questionnaires.
5. Members shall, where possible and practicable, comply with the recommendations and
standards developed under this Agreement.
6. Each Member shall appoint an official or employee from the Member entity to serve as
the Information Resource Manager for the Member who shall be the official representative of the
Member.
Id.
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ORIGINAL INTERLOCAL AGREEMENT
7. Members shall form a Task Force made up of county officials, state agency personnel,
and others to study information resource and technologies issues and make recommendations.
The members of this Task Force are not required to be from Member entities.
8. This Agreement does not require a Member to use any particular service nor does this
Agreement require the provision of any particular service. Members shall determine, in
accordance with the provisions of this Agreement, the services to be offered or eliminated. It is
understood and agreed that the services contemplated under this Agreement will be phased in as
deemed necessary, feasible and practicable.
9. Other than membership fees, financial obligations of Members under this Agreement
shall arise only under the terms and provisions of a separate contract, agreement, or instrument
that has been formally and specifically approved by the governing body of the Member. No
Member shall ever be liable to pay or be responsible for payment of any sum of money to or to
any other Member or to any other person or parry solely by reason of Its execution of this
Agreement and shall not be entitled to a refund of any membership fees.
4.01. Membership.
Membership shall be available to any local government, as defined herein. A local government
may become a party to this Agreement by the execution of an Intertocal Participation Agreement
adopting this Agreement. Any Member may, upon a valid order of its governing body and upon
30 days notice, cancel its membership. Any Member who cancels its membership gives up any
and all rights and privileges that it might otherwise have under this Agreement.
5.01. Membership Dues.
The Members agree that membership dues may be collected, increased, or decreased.
6.01. Funding.
Activities engaged in pursuant to this Agreement may be funded by membership fees,
contributions, donations, grants, services rendered, goods provided, contracts with state or
federal agencies, royalties, margins, administrative fees, or other sources.
7.01. Current Revenue.
The Member hereby warrants that all payments, contributions, fees and disbursements, if any,
required of it hereunder shall be made from current revenues. No debt is created by this
Agreement
8.01. Term.
The term of this Agreement shall be one (1) year from the date hereof and shall automatically be
renewed on each anniversary of the commencement date. Any member may elect to withdraw
from the Agreement at any time upon an order of the commissioners court with notice as provided
for below.
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ORIGINAL INTERLOCAL AGREEMENT
9.01. Applicable Law.
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Agreement. Venue for any action based in whole or part on this agreement is
in Travis County, Texas.
10.01. Severability.
If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or
future laws, the legality, validity and enforceability of the remaining provisions of this Agreement
shall not be affected thereby and this Agreement shall be liberally construed so as to cant' out the
intent of the parties to it.
• 11.01. Governance.
a. The County Information Resources Agency (CIRA) is hereby created to supervise the
performance of this Agreement. The Agency shall be governed and managed by a Board of
Directors in accordance with this Agreement and the Bylaws of the Agency attached hereto. Said
Bylaws are made a part hereof by reference as if fully set forth herein.
b. It is the intention of the Members that the Agency have the shall have any and all powers,
rights, privileges, and immunites granted under this Agreement and the laws of this State as now
exist or which, in the future may be enacted.
C. The Board shall have the authority to amend the Bylaws at any time as may be
necessary, in the discretion of the Board, to carry out the purposes of this Agreement
d. All monies paid by Members to the Agency under this Agreement, including membership
fees, are for services rendered and administrative costs. Members have no equity rights in any of
the assets or property of the Agency nor are any Members liable for any of the debts of the
Agency. Assets in the hands of the Agency remain the assets of the Agency until such time as
this Agreement may terminate as provided for herein.
12.01. Dissoulution. This Agreement shall terminate when there are less than two Members or
upon recommendation of the Board of Directors and approval of all Members. No Member shall
have any right of partition or similar right or ability to dissolve the Agency or terminate this
• Agreement or to make a claim against, acquire, or levy against any of the property or assets of
the Agency. Upon dissolution, the current Members shall be entitled to receive any net assets of
the Agency in a formula agreed upon by the Board of Directors of the Agency.
13.01. Amendment. This Agreement shall not be amended or modified other than in a written
agreement signed by the parties, or as otherwise provided under this Agreement
14.01. Exclusive Right to Enforce. The Agency created herein and the Members have the
exclusive right to bring suit to enforce this Agreement and no other person may bring suit, as a
third party beneficiary or otherwise, to enforce this Agreement.
15.01. Notices. All notices and communications under this Agreement shall be sent via the
United States Postal Service with proper postage by certified mail, return receipt requested, or
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ORIGINAL INTERLOCAL AGREEMENT
delivered, to the Agency at the following addresses or to such other address as the Board of
Directors of the Agency may later designate by amendment to the Bylaws of the Agency:
The E-County Information Resources Agency
% The Texas Association of Counties
1204 San Antonio
Austin, Texas 78701
IN WITNESS WHEREOF, the governing bodies of the Members have approved and adopted this
Agreement and have caused this Agreement to be executed and it shall become effective upon
the date that two parties have signed this Agreement. This Agreement is being executed by the
Members as separate individual agreements and at separate times, each of which shall be
considered separately and collectively as an original complete copy of the Agreement, as if each
Member had executed the same copy.
AGREED to and ADOPTED by the order of the commissioners court of
Brazos Countyon the 13th day of November 2001.
EXECUTED BY THE AUTH/O$F D~IEMBER OF THE COMMISSIONERS COURT:
Name: Alvin W. Jones
Title: County Judcre
ATTESTED to by.
Printed Name: _ Karen McQueen /~(GQ
Title: County Clerk
Signature: 0
AGENCY COORDINATOR DESIGNATION
The Member hereby assigns and designates the following individual as the Agency Coordinator
as required by this Agreement and Bylaws:
Printed Name:
Titi%-
1~ iZAZOS Coc-e-wpr w~ O~-V~-~p~/ a ,E}s-r ELNw~oq
Address:
ZoZ ,E 2.7 S e-7
¢yre.~,T s -77 gD3
Phone No.:_g7c( 3(ol - Al31 a
E-Mail: e(arra Ga. r4 -2ol.7,c cis
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BYLAWS
OF THE
COUNTY INFORMATION RESOURCES
AGENCY
WHEREAS, an Original Interlocal Agreement for Information Resources and Technologies has
been entered into between several local governments pursuant to Chapter 791 of the Texas
Government Code and Subchapter F of Chapter 271 of the Texas Government Code; and
WHEREAS, that Agreement creates the County Information Resources Agency, an interlocal
agency with the duty and authority to supervise the performance of the Agreement; and
•
WHEREAS, the Texas Association of Counties has agreed to sponsor, provide staff and
administrative services to the Agency, including the use of the name of the Texas Association of
Counties without royalties paid and at no cost to the Agency or Members, until such time as the
agency is self-sustaining; and
WHEREAS, the Texas Association of Counties is a non profit statewide association of counties
which exists for the betterment of county government and the benefit of all county officials and is
authorized and operated pursuant to Section 81.026 of the Texas Local Government Code; and
WHEREAS, the Texas Association of Counties has special knowledge, experience and skill in the
coordinating, sponsoring and managing county and county-related programs - including
communication, education and training - and has a unique relationship with Texas county and
state government not possessed by any other entity or person. The services of the Texas
Association of Counties anticipated under these Bylaws are therefore both personal and
professional.
NOW, THEREFORE, the Members of the Original Interlocal Agreement for Information
Resources and Technologies to hereby create and establish the Bylaws of the County Information
Resources Agency as follows,
ARTICLE I
Definitions
As used in these Bylaws, the definitions contained in the Original Interlocal Agreement for
Information Resources and Technologies shall govern. In addition, the following terms shall have
the meaning hereinafter set out:
1. 'Agency- The County Information Resources.
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2. 'Agency Manager" - Texas Association of Counties or its duly authorized designee.
3. 'Agreement" - The Original Interlocal Agreement for Information Resources and Technology.
4. 'Board" - Board of Directors of the Agency.
5. 'Director" -A member of the Board of Directors of the Agency.
6. 'Member' - A local government which enters into the Agreement.
ARTICLE Il
The County Information Resources Agencv
The purpose of the County Information Resources Agency is to supervise, administer, and cant'
out the purposes, expressed and implied, of the Original Interlocal Agreement for Information
Resources and Technology and shall have any and all powers necessary to carry out the
purposes of that Agreement. The County Information Resources Agency exists for the betterment
of county government and the benefit of all county officlals.
ARTICLE III
Powers and Duties of the Agencv
The Agency shall have any and all of the powers permitted it by the laws governing the Agency,
the Agreement, the Interlocal Participation Agreements with Members, these Bylaws,
amendments to the Bylaws laws, and/or any and all contracts or similar legal documents. Such
powers include but are not limited to:
1. To sue and be sued;
2. To establish the fees (including Membership fees), charges for services and make such other
financial arrangements as deemed necessary by the Board to cover the expenses and
operations of the Agency;
3. To purchase and lease real property, equipment, machinery, and personal property;
4. To enter into contracts and to participate In other interlocal or intergovernmental agreements;
5. To adopt the form and substance of any interlocal participation agreements or other contracts
with the Agency;
6. Retention of agents and independent contractors necessary to administer and achieve the
purposes of the Agency, Including, but not limited to, managers, attorneys, accountants,
financial advisors, consultants, and others;
7. To contract with the Texas Association of Counties or its duly authorized and approved
designee for general administrative services;
8. To charge for services and to collect delinquencies, penalties and interest;
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9. To reimburse Directors for reasonable and approved expenses. Expenses incurred in
attending Board meetings shall be reimbursed in accordance with the Texas Association of
Counties' travel policies in effect at the time the expense is incurred;
10. The Agency is not required to exercise the full range of services within its powers, only those
deemed feasible and proper by the Board;
11. To purchase insurance and fidelity bonds and may provide indemnity for the Board and its
Directors, officers and employees, as well as the Directors, officers and employees of the
Texas Association of Counties for their activities in connection with the provision of any
services for the Agency.
12. To make investments. The principal and income of all monies and property received and
accepted by the Agency may be held and invested for the Agency in such manner as the
Board shall determine. The Board may make payments or distributions from income or
principal, or both, to or for the use or benefit of the Agency or Members in such manner as the
Board shall determine to be proper under the Agreement and these Bylaws.
• ARTICLE IV
Particloation
Participation in the Agreement is open to any local government, as defined in the Agreement,
who agrees to abide by the standards for membership adopted by the Board and these Bylaws
and who agrees to execute and follow the terms and conditions of the Interlocal Participation
Agreement
ARTICLE V
Obligations of Members
The obligations of the Members are:
1. To pay promptly all fees or other payments to the Agency at such times and in such amounts
as shall be established pursuant to these Bylaws. Any delinquent payments shall be paid
with interest which shall be equivalent to the prime interest rate quoted in the Wall Street
Joumal on the date of the commencement of the delinquency or any lower rate determined
by the Agency, and in no case greater than the amount of interest allowed by law;
• 2. To designate in writing an Agency Coordinator to serve as Member's representative in
contacts with the Agency. The Coordinator must be an employee or officer of the Member,
and may be changed from time to time by written notice to the Agency;
3. To allow the Agency and its Agency Manager, agents, contractors, and officers reasonable
access to all facilities and records of the Member as may be required for the accomplishment
of the purposes of the Agreement and the administration of the Agency;
4. To cooperate fully with the Agency's directors and personnel and any other representative,
agent, contractor or officer of the Agency or Agency Manager in activities relating to the
purposes and powers of the Agency.
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ARTICLE VI
Membership Fees
The Board shall have the power to set, increase, decrease, or eliminate a fee for membership
the Interlocal Agreement as it, in its sole discretion, deems necessary or appropriate.
ARTICLE VII
Board of Directors and Officers
The Board of Directors shall be composed of five (5) persons appointed by the President of
the Texas Association of Counties with the approval of the Texas Association of Counties
Board of Directors. The President of the Texas Association of Counties or his respective
designee shall serve as an ex Officio, non-voting Director. Each member of the original
Board must be either an employee or an elected official of a Member entity. The withdrawal
of a Member entity shall vacate the membership on the Board of Directors of any employee
or elected or appointed official from the withdrawing county. Any Board member that ceases
to be an employee or elected official of a Member entity shall Immediately cease to be a
member of the Board of Directors. However, such Board member shall serve until a
successor takes office pursuant to these Bylaws, at the discretion of the Board.
2. The President of the Texas Association of Counties shall appoint an initial regular Board of
Directors within 30 days after the creation of the Agency. The five (5) member initial regular
Board shall take office and serve until December 31, 2001.
3. The President of the Texas Association of Counties, with the approval of the Texas
Association of Counties Board of Directors, shall then appoint a Board whose term shall
begin on January 1, 2002 with initial terms of appointment being as follows: three (3) persons
for a two (2) year term (January 1, 2002 through December 31, 2003), two (2) persons for a
three (3) year term (January 1, 2002 through December 31, 2004). Each term after these
initial terms appointment shall be for a three (3) year term. No person shall serve more than
two (3) consecutive three (3) year terms. Any Board member who fails to attend three (3) or
more consecutive meetings without having been excused by the Chairman shall be deemed
to have resigned, and the vacancy thereby created shall be filled by appointment by the
President of the Texas Association of Counties for the unexpired term in the same manner
that the original member was appointed.
4. The officers of the Board shall consist of a Chairman and a Vice Chairman who shall be
designated annually by the President of the Texas Association of Counties. The Board shall
designate a Secretary to keep the minutes and records of the Board, who may or may not be
a member of the Board Itself. A majority of members of the Board shall constitute a quorum.
Concurrence of a majority of those present and voting shall be necessary for any official
action taken by the Board, except as otherwise provided herein. Any vacancy on the Board
due to death, resignation, disqualification, or inability to act shall be filled for the unexpired
term by appointment of another member in the same manner that the original member was
appointed.
5. The duty elected, qualified and acting members of the Board shall serve without
compensation, but shall be entitled to reimbursement of actual expenses incurred in the
performance of their official duties upon the approval of such expenses by the Board.
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ARTICLE VIII
Powers and Duties of the Board of Directors
1. The Board, in addition to other powers and duties herein conferred and imposed or
authorized by law, shall have the following powers and duties:
a.
The Board shall have the general power to make and enter into all contracts, leases,
and agreements necessary or convenient to carry out any of the powers granted
under these Bylaws or by any other law. All such contracts, leases, and other
agreements shall be approved by resolution. However, the Board's designee shall
have the power to execute interlocal participation agreements in accordance with
policy or practice of the Board without necessity of express Board action on each
such agreement. Additionally, the Board shall have the power to delegate all the
above mentioned functions as permitted under these Bylaws or other law. In the
absence of a specific designation or delegation, all such agreements shall be
executed by the Chairman or Vice Chairman or the Executive Director of the Agency
or the Executive Director of the Texas Association of Counties and attested by the
•
Secretary of the Board. Such contracts may include contracts for such professional
services as it may deem necessary and shall fix the time, manner, and payment
therefor;
b.
To contract with any qualified organization or entity as it may deem appropriate or
expedient to perform any of the functions necessary for the carving out
administrative services, and any and all other services that the Board shall deem
expedient for the proper servicing of those Members who use the services of the
Agency,
c.
To carry out all of the duties necessary for the proper operation and administration of
the Agency on behalf of the Members and to that end shall have all of the powers
necessary and desirable for the effective administration of the affairs of the Agency;
d.
To adopt rules to cant' out the requirements of and implement the Bylaws:
e.
To establish and set the fees and cost of services to be paid by the Members;
f.
To establish the types and levels of services to be provided;
g.
To adopt and provide the interlocal participation agreement forms to be entered into
by a local government to become a Member of the Agency;
h.
To approve administration services and other services providers necessary for the
•
administration of the upon recommendation of the Agency Manager, or its agents or
contractors;
I.
To set a budget and any necessary revisions to the budget;
j.
To develop or establish any policies and procedures it deems to be appropriate, to
establish conditions to be met prior to the provision of a service and to deny provision
of a service if the conditions are not met;
k.
To establish Investment policies arrange for the investing of the monies of the Agency
so as to keep the same Invested according to law and, consistent with security and
other policies and interests of the Agency. It shall provide for the banking of the
WOL-
Page 5 of 10
0
monies of the to the extent required by any adopted investment policy, and the proper
security of any and all investments;
1. To have an audit of the financial affairs of the Agency made by a certified public
accountant at the end of each fiscal year,
m. To form committees and to provide other services as needed by the Agency;
n. To do all acts necessary and proper for the operation of the and implementation of
these Bylaws not in conflict with these Bylaws;
2. The Chairman of the Board shall appoint an Executive Committee or designee of the
Board to handle the affairs of the Board between the regular Board meetings or any of the
called Board meetings. The Board shall review the actions of the Executive Committee at
each Board meeting to ratify any actions taken. In addition, subcommittees may be
appointed with specifically granted tasks and authority.
3. The Board shall contract with the Texas Association of Counties or its designee for
general administrative services. The entity performing the administrative services shall
be known as "the Agency Manager." The contract shall include a reasonable fee to cover
the cost of administrative services being provided. Services to be provided by or through
the Agency Manager may include, but not necessarily be limited to, bookkeeping services;
financial statements; recording and depositing of payments; providing information to
potential Members; reviewing and making recommendations on all contracts; acting as a
liaison with state and federal agencies and responding to their inquiries; computing and
providing Membership billings; filing required forms and reports with state and other
governmental agencies; maintaining appropriate files; assisting the Agency's auditor and
actuary as necessary; reviewing the performance of all contract service providers;
coordinating banking functions, and handling deposits and reconciliations; implementing
investment policies established by the Board; providing the necessary notices of Member
meetings; supplying resource material for Member and Board meetings; attending
Member and Board meetings and other meetings necessary to the administration of the
Agency; keeping detailed minutes of Member and Board meetings; and administering
committees established by the Board. The Agency Manager may execute all contrails on
behalf of the Agency which are necessary to provide the general administrative services
described herein ff any monies to be expended under the contract are included In the
Agency's approved budget or any approved revision thereto.
ARTICLE IX
Meetings of the Board of Directors
1. Meetings may be called by the Chairman or by a majority of the Directors by mailing
written notice at least ten (10) days in advance to all Directors or by unanimously
executed waiver of notice.
2. Three (3) Directors shall constitute a quorum to do business. All ads of the Board of
Directors shall require a majority vote of the Directors present, except as otherwise
specifically provided in these Bylaws.
3. Any meeting of the Board of Directors may be held by telephone conference call in which
all or certain of the Directors are not physically present at the place of the meeting, but all
who participate In the meeting, participate in the conduct thereof by telephone. For the
Page 6 of 10
O
FILED
o" 106! N6V - 9 A la 31
~AiEN MrQUCEN.COUNTY CLERK
BRAZOS COLTN'1' YBRAIOS COUNTY. BRYAN TEXAS
BRYAN, TEXAS PUTY
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NOVEMBER 13, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
• 1. Invocation and Pledge of Allegiance - Commissioner Jones.
2. Call for citizen input and/or concerns.
Consider and take action on agenda items 3 - 20:
3. Budget Amendment 01/02-5.
4. Personnel Changes of Status.
5. Payment of Claims.
6 Extension of Agreement between Brazos County and the Bryan-College Station
Economic Development Corporation.
7. Resolution supporting the rerouting of SH 21 along a new realignment and the re-
designating of the existing location of SH 21 as a business route.
8. Charter for the Justice Committee.
9. Request by the County Auditor for reclassification of the "Administrative Assistant"
position to be an "Assistant County Auditor - Accounting Assistant, Level I, position.
• 10. Rescinding and re-conveying a thirty (30) foot strip of land to Mrs. Inez Johnson
Schehin.
11. Request for funding for the 2002 Texas Police Games.
12. Request by the Sheriffs Office for out-of-state travel for an Investigator to attend an
Advanced Practical Homicide Investigation School in Kenner, Louisiana, January 14-18,
2002.
13. Request by the Sheriffs Office forout-of-state travel for the Jail Administrator to attend
the American Jail Association Conference in Milwaukee, Wisconsin, April 28-May 2,
2002.
14. Authorizing the appraisal of two pieces of property.
0
Commissioners Court Meeting Agenda
November 13, 2001
Page Two
15. Request by the Sheriff's Office for waiver of the usage fee for the Brazos Center.
16. Interlocal Agreement for Information Resources and Technologies.
17. Requisition from the Information Technology Department for an Enterprise Agreement
covering the Microsoft Word Software required for the TSG project.
18. Authorizing the issuance of a Hobby Lobby charge card for the Brazos Center.
19. Blanket Purchase Order of $3,000.00 to AES Staffing Solutions for the District Clerk.
20. The Final Plat of Vicksburg Subdivision, T. J. Wooten League, 8.034 acres. Site is
located in Precinct 4.
21 Acknowledge receipt of the County Treasurer's Quarter Ending 09/28/01 Investment
Report
22. Announcement of interest items and possible future agenda topics.
23. Call for citizen input and/or concerns.
24. 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 (979) 361-4102
•
COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 13, 2001
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, November 13, 2001, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm.S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
• Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Jones gave the invocation and led the pledge
of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #01/02-5.1
through 5.2, which would transfer funds to the Animal Shelter
from Road & Bridge and transfer funds from Contingency to the
Central Appraisal District. On motion by Commissioner Cauley,
seconded by Commissioner Sims, 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 Thornton, the Court voted unanimously to delay
action on this item until after item 9 on the agenda is
considered.
The Court then considered item 9, a request by the County
Auditor for reclassification of the "Administrative Assistant"
position to be an "Assistant County Auditor" - Accounting
Assistant, Level I, position. On motion by Commissioner
Vol Page 3
40
Commissioners' Court meeting November 13, 2001
2
Cauley, seconded by Commissioner Thornton, the Court voted
unanimously to approve the request by the County Auditor.
The Court returned to item 4 to consider the change of
status of employees as submitted on the attached Personnel
Action Requests. On motion by Commissioner Cauley, seconded
by Commissioner Thornton, the Court voted unanimously to
approve the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20024766 through 20025023
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered an Extension of Agreement
between Brazos County and the Bryan-College Station Economic
Development Corporation (EDC). This is necessitated due to
the inability of the two parties to complete negotiations
prior to the expiration of the contract term. On motion by
Commissioner Thornton, seconded by Commissioner Cauley, the
Court voted unanimously to extend the contract for a two month
period ending November 30, 2001 and to pay to the EDC the sum
of $41,158.55 for services rendered for the month of October
and November, 2001. A copy is attached.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to adopt a resolution in
support of the rerouting of SH 21 along a new realignment and
the re-designating of the existing location SH 21 as a
business route.
The Court next considered adopting a charter for the
Justice Committee. This is necessary in order to provide the
affected county departments, the Information Technology
Department and The Software Group a forum for communication,
discussion and management of the integrated justice system.
Vol o~- Page
u
Commissioners' Court meeting November 13, 2001
3
On motion by Commissioner Cauley, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Charter
and designate the following as members of the voting
committee:
One County Commissioner
County Clerk
District Clerk
County Attorney
District Attorney
Local Administrative Judge or designee
Sheriff
Community Supervision
One Justice of the Peace
Tax Assessor-Collector
County Treasurer
A copy of the Charter of the Brazos County Steering Committee
for Justice Systems is attached.
The Court next considered rescinding and re-conveying a
thirty (30) foot strip of land to Mrs. Inez Johnson Schehin.
The property was conveyed to the County to construct and
maintain a road for the benefit of the citizens of Brazos
County. The road was never constructed. On motion by
Commissioner Jones, seconded by Commissioner Sims, the Court
voted unanimously to table the item.
The next matter for consideration was a request for
funding for the 2002 Texas Police Games. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to authorize the use of the Brazos Center
for the opening dinner and the K-9 event and a budget
•
amendment to fund $10,000.00 for the 25" Annual Texas Police
Games.
The next matter for consideration by the Court was a
request submitted by the Chief Deputy in the Sheriff's
department seeking approval for out of state travel for
Investigator Kenny Elliott. Mr. Elliott would be traveling to
Kenner, Louisana to attend an Advanced Practical Homicide
Investigation School January 14-18, 2002. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
Vol oL a' Page s
rI
Commissioners' Court meeting November 13, 2001
4
voted unanimously to grant the request from the Chief Deputy
and approved payment of out of state travel expense for Mr.
Kenny Elliott.
The next matter for consideration by the Court was a
request submitted by the Jail Administrator seeking approval
for out of state travel for himself. Wayne Dicky would be
traveling to Milwaukee, Wisconsin to attend American jail
Association Conference seminar April 28-May 2, 2002. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to grant the request from the Jail
Administrator and approved payment of out of state travel
expense for Wayne Dicky.
The Court next considered authorizing the appraisal of
two pieces of property. Both properties are owned by the
Varisco Estate and are currently being used by Juvenile
Services Boot Camp and Community Supervision. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to authorize the appraisal. Commissioner
Thornton asked that the executor be notified of the appraisal.
The next matter before the Court was a request by the
Sheriff's Office for waiver of usage fee for the Brazos
Center. The Sheriff's office is planning to hold it's seventh
annual employee appreciation event at the Brazos Center and
requests to use it free of charge. Commissioner Cauley moved
to approve the request. Commissioner Sims seconded the
motion. Commissioners Jones, Sims and Cauley voted "Aye".
Commissioner Thornton and the County Judge voted "No". The
County Judge stated that he believed the policy needed to be
changed. Commissioner Jones indicated that he felt the policy
was ok and that funds needed to be budgeted for it with the
next budget year. He continued saying that he had voted in
favor because the Judge failed to mention it in this year's
budget.
Vol S/ Page
•
Commissioners' Court meeting November 13, 2001
5
The next matter before the court was approval of an
Interlocal Agreement for Information Resources and
Technologies. On motion by Commissioner Cauley, seconded by
Commissioner Jones, the Court voted unanimously to approve an
Interlocal Agreement for Information Resources and
Technologies with the County Information Resource Agency
(CIRA) supported by the Texas Association of Counties. A copy
is attached.
The Court next considered approval of a requisition from
the Information Technology Department for an Enterprise
Agreement covering the Microsoft Work Software required for
the TSG project. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to approve
the requisition in the amount of $111,790.00 with the addendum
that it be a true cost and not to include the current 550
desktops.
The next matter for consideration was authorizing the
issuance of a Hobby Lobby charge card for the Brazos Center.
on motion by Commissioner Thornton, seconded by Commissioner
Sims, the Court voted unanimously to authorize the issuance of
a Hobby Lobby charge card for the Brazos Center.
The Court proceeded to consider the following blanket
Purchase Order:
AES Staffing Sol. District Clerk $3,000
•
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The Court next considered approval of the Final Plat of
Vicksburg Subdivision, T. J. Wooten League, 8.034 acres in
Precinct 4. Richard Vance, County Engineer, stated that he
had reviewed the plat and all appeared to be in order. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
Vol aka- Page
is
Commissioners' Court meeting November 13, 2001
6
the Court voted unanimously to approve the final plat of the
Vicksburg Subdivision as submitted.
The Court acknowledged receipt of the Treasurer's Quarter
Ending Report for September 28, 2001. A copy of which is
attached to and made a part of these minutes.
Under announcement of interest items and possible future
agenda topics the County Judge made the following comments:
a) The Courthouse will be closed
Thanksgiving Day and the following day.
The agenda deadline will be at 10:00 a.m.
on Wednesday before Thanksgiving.
b) There will be a Public Hearing today at
10:00 a.m. in reference to setting speed
limits on Jones Road.
c) There will be the Thanksgiving lunch for
county employees at the Road & Bridge
Department today. The food is being
provided by the Commissioners.
There was no citizen input and/or concerns.
There being no further business to come before the Court,
the meeting was adjourned.
Vol a 81 Page
•
The foregoing minutes of the Commissioners Court meeting
held November 13, 2001 have been examined and are approved in
open Court this the 19YJL day of 200, in
Bryan,, Brazos County, Texas.
Alvin W . i-ones J e
County Judge Commissioner, Precinct 1
Wm. S. T ornton
Commissioner, Precinct 2
Carey Ca ley, Jr.
Commiss• ner, Prec• c 4
•
. ~i
&61L -
Charles V. Jones
Commissi ner, Precinct 3
G
R ren McQueen
County Clerk
n S?
Vol d-' Page
/ °t L
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON /!~y 13 2001 AT -5P: o o A-K
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON /t/o-y. 13 244 L AT
•
•
0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR
NO. 01/02 05.1 - 05.2
On this the 13th day of November 2001 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, Jr., Commissioner, Precinct 4;
Karen McQueen, County Clerk.
The following proceedings were held:
THAT WHEREAS, on November 13, 2001 the Court heard and approved a
budget amendment for the 2001-2002 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 4, 2001 the following
amendment(s) to the original are hereby authorized, as described on the
attached page(s).
ADOPTED AND APPROVED this the 13th day of November 2001.
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
O ag
•
l~
u
•
BRAZOS COUNTY, TEXAS
- - BUDGET AMENDMENTS - - - - -
- - - - - -
No.01/02-5.1
11/13/01
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01'
110020
731200
Dr.
Brazos Animal Shelter
54,584.00
01
560010
516100
Cr.
Hour] Sala
23 604.00
01
560010
531000
Cr.
Social Security
1,810.00
01
560010
532000
Cr.
Retirement
2,510.00
01
560010
533000
Cr.
Health Insurance
4,200.00
01
560010
538000
Cr.
Worker's Coro msation
790.00
01
560010
656800
Cr.
Projects
21670.00
Community Support
Road and Bridge
To reallocate budget to allow the cost of services to the coup from the Brazos Animal S
helter.
54 584.00
54,584.00
;e
I
~
- - -
4 Me. -
- - - - -
3
0
BRAZOS COUNTY, TEXAS
- - - BUDGET AMENDMENTS
- - - - - - - - - - - - - - - - - - - - -
No. 01/02-5.2 _
- - - - - - -
11/13/01
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
110020
733200
Dr.
Cemtral Appraisal District
8,405.00
01
110015
611300
Cr.
Contingency
8-,40--5.0-0-
Communit
y Support
To reallocat
e budget to allow for the added all
otment under the adopted 20
02 Appraisal District budget.
8,405.00
8,405.00
09 0-
ash
•
PERSONNEL CHANGE OF STATUS
page 1 of 1
COURT DATE: November 13, 2001
DEPARTMENT: Personnel
PURPOSE: Approve Personnel Change of Status
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
COUNTY AUDITOR
RODRIQUEZ, MARIA
NEW HIRE-FULL TIME
ROAD & BRIDGE
EVANS, BRYCE
RESIGNATION
BELL, DOUG
RESIGNATION
SHERIFF OFFICE - JAIL DIVISION
WILDER, JASON E .
TRANSFER WITHIN DEPT
TOLLIVER,
MACK
PROMOTION
•
~-r
HERNA
D
HERNANDEZ, SALOMON
- r
PROMOTION
•
Approved in Commissioners' Court: November 13 2001
County Judge's or Commissioner's Signature:
ca.L
('Iles copy to be attached to minutes)
'0OZ 15
0
EXTENSION OF AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION
FOR FISCAL YEAR OCTOBER 1, 2000 - SEPTEMBER 30, 2001
WHEREAS, Brazos County, Texas (herein "COUNTY') and the Bryan-College Station
Economic Development Corporation (herein "EDC') entered into an Agreement covering fiscal
year October 1, 20W to September 30, 2001 for the funding of Operating Expenses of the EDC
in connection with the Administration of the COUNTY's Economic Development Program
(herein the "Contract"); and
WHEREAS, the COUNTY and the EDC are in the process of re-negotiating their
contract with one another, but for a variety of reasons were unable to complete these negotiations
prior to the expiration of the Contract term; and
WHEREAS, the parties are certain of a resolution to their re-negotiations; and
WHEREAS, the parties wish to fund the first two month's Administration Fees to the
EDC for services rendered.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in mutual
consideration herein expressed, the parties agree as follows:
1. The Contract is hereby extended for a two month period ending November 30, 2001.
2. Pursuant to such extension, the COUNTY will pay to the EDC the sum of $41,158.55 for
services rendered for the month of October and to be rendered in November, 2001.
3. In all other respects, the Contract terms remain unaltered.
BRAZOS COUNTY, TEXAS BRYAN-COLLEGE STATION
ECONOMIC DEVELOPMENT
CORPORATION
By:
Alvin ~vnes, County J Age
By: 004
Jo HQrlen, Chairman of the Board
01-3061 fvemion ojAgrcemenr
purpose of determining the presence of a quorum and for all voting purposes at such
meeting, all participating Directors shall be considered present and acting.
4. In lieu of a formal meeting, the Board of Directors may transact its business by mail,
telephone, or any Intemet-based medium, including e-mail, provided that, in the event of a
vote by mail, the vote must be a unanimous vote by the full Board in order to be valid and
effective, and if not unanimous, shall be considered a nullity.
ARTICLE X
Liability of Board of Directors, Officers, and Employees
1. In the event of any proceeding or threat of proceeding against any member of the Board
of Directors of the or any officer or employee of the brought in connection with services
performed by any such person for the Agency, the Agency shall provide to such person
indemnification for all damages and expenses incurred as a result of such proceeding or
• threatened proceeding and in the defense thereof. The Agency or the Agency Manager
may purchase errors and omissions insurance providing coverage for the Directors and
officers and employees of the Agency. Amounts of damages and expenses not payable
under the terms and conditions of any such errors and omissions insurance policy
purchased in favor of the Agency's Directors, officers, and employees are nevertheless
included under the indemnity provision of this Article. However, indemnification for any
damages or expenses of any Director, officer or employee by way of this Article shall only
apply to such amounts as are not paid and payable by the terms and conditions of any
errors and omissions insurance policy purchased in favor of the Agency, its Directors,
officers, and employees. Nothing herein shall be deemed to prevent compromises of any
such litigation where the compromise Is deemed advisable in order to prevent greater
expense or cost in the defense or prosecutions of such litigation.
2. The term 'proceeding" under this Article does not include the termination of any officer or
employee from his or her employment, nor any pre-termination or post-termination
hearing, nor any adverse employment action towards an officer or employee, nor any
procedure for the removal of an officer, or Director of the Agency. However, this
indemnity shall apply to proceedings or threats of proceedings, against the Directors,
officers, and employees of the brought by any other Directors, officers, and employees of
the in connection with procedures for or the actual termination or removal of such other
persons who are the subject of such potential or actual termination or removal.
3. The Agency may obtain a bond or other security to guarantee the faithful performance of
the duties of each Director.
• ARTICLE XI
Bond Required
Each Director of the Board and each employee who has any authority over money in the Agency
or money collected or invested by the may be required by the Board to execute a bond in an
amount determined by the Board, conditioned on faithful performance of his duties. The cost of
the bond shall be paid by the Agency.
Page 7 of 10
0
ARTICLE )al
Withdrawal from Membership
1. Any Member may withdraw from the Agency by giving at least thirty (30) days notice in
writing to the Board and the Agency Manager of its desire to withdraw or by failure to
maintain a contractual relationship with the Agency.
2. The withdrawn Member shall not be entitled to any reimbursement of membership fees or
other monetary contributions that are not a part of a separate service contract, that are to
be paid or that shall become payable in the future, and shall continue to be obligated to
make payment for an obligation which arose prior to withdrawal. Withdrawl of a Member
does not relieve that Member of any obligations that it may have with respect to any
service agreement or other contract with the Agency and the Agency may continue to
service that agreement or contract until completed in accordance with its terms.
3. Withdrawn Members shall not be entitled to any share of the assets, equity, or other
property of the Agency and forever disclaim, waive, and contribute to the Agency same.
ARTICLE XIII
Expulsion of Members
In addition to and as an alternative to any right to terminate an Interlocal Participation
Agreement as provided therein or pursuant to these Bylaws, any Member may be
expelled by a majority vote of all Directors and any existing Interlocal Participation
Agreement shall terminate at that time. Such an alternative may be exercised at the sole
option of the Board. The expulsion termination under this Article may be carried out for
one or more of the following reasons:
a. Failure to make any payments due to the Agency;
b. Failure to allow the reasonable access to all facilities and records of the Member
necessary for proper administration of the Agency;
c. Failure to fully cooperate with the Agencys Agency Manager or other agent,
contractor, or any officer of the Agency,
d. Failure to carry out any obligation of a Member which impairs the ability of the Agency
to carry out its purposes or powers; or
e. Failure to comply with the obligations of Members as set forth in these Bylaws.
2. The vote of a Director who is from the county proposed to be expelled shall not be
counted in determining the number of votes required nor shall such Director be entitled to
vote on the expulsion of his or her own county.
3. Under this Article no Member may be expelled except after notice from the Board of
Directors of the alleged failure along with a reasonable opportunity to cure the alleged
failure. The Member may request a hearing before the Board before any final decision,
which shall be held within fifteen (15) days after expiration for the time to cure has
passed. A decision by the Board to expel a Member after notice and hearing and failure
Page 8 of 10
u
to cure the alleged defect shall be final and take effect sixty (60) days after the decision to
expel is rendered by the Board.
4. An expelled Member shall not be entitled to any reimbursement of membership fees or
other monetary contributions that are not a part of a separate service contract, that are to
be paid or that shall become payable in the future, and shall continue to be obligated to
make payment for an obligation which arose prior to withdrawal. Expulsion of a Member
does not relieve that Member of any obligations that it may have with respect to any
service agreement or other contract with the Agency and the Agency may continue to
service that agreement or contract until completed in accordance with its terms.
5. The expulsion provision of this Article shall not be construed to diminish or prevail over
any right of the to terminate an interocal participation agreement in accordance with the
provisions of the interlocal participation agreement.
6. Withdrawn Members shall not be entitled to any share of the assets, equity, or other
property of the Agency and forever disclaim, waive, and contribute to the Agency same.
• ARTICLE XIIV
Dissolution
The Agency may be dissolved by a unanimous vote of its Members through their respective
governing bodies or by a majority of said Members upon recommendation of the Board of
Directors of the Agency or by Agency Membership of less than two Members. Upon the
dissolution of the Agency, the Board of Directors shall, after paying or making provisions for the
payment of all of the liabilities of the Agency, distribute all the assets of the to its Members at the
time of dissolution in a fonnula to be determined by the Board, in its sole discretion. A local
government that is not a Member at the time of dissolution shall not be entitled to any share of the
assets, equity, or other property of the Agency and forever disclaim, waive, and contribute to the
Agency same.
ARTICLE XV
Severability
In the event that any article, provision, clause or other part of these Bylaws is held invalid or
unenforceable by a court of competent jurisdiction, such a holding of invalidity or unenforceability
shall not affect the validity or enforceability with respect to other articles, provisions, clauses,
• applications or occurrences, and these Bylaws are expressly declared to be severable.
ARTICLE XVI
Special Provisions
Contractual Obligations
The contracting parties Intend In the creation of the to establish an organization to operate only
within the scope herein set out and have not herein created as between Member and Member any
relationship of surety, indemnification or responsibility for the debt of or claims against any other
Member.
Page 9 of 10
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Non-Waiver of Governmental or Other Immunity or Monetary Limits
i. It is the Intent of the Members that, by entering into interlocal participation agreements to
become Members of the Original Interlocal Agreement for Information Resources and
Technolgies, they do not waive and are not waiving any immunity provided to the
Members or their employees by any law, nor do they waive any monetary limits on the
liability of the Members or their employees provided by any law.
2. Similarly, the Members do not intend any waiver of sovereign immunity, good faith
immunity, or other governmental immunity with respect to the County Information
Resources Agency and same is hereby preserved. The Members shall have no authority,
either through act or omission, to waive same and nothing in the Original Interlocal
Agreement, these Bylaws, and the Interlocal Participation Agreements may be construed
as such a waiver.
No Right of Partition
The remedies of the Members are limited to those set forth in the Agreement and these Bylaws.
Specifically, Members have no right in and to the assets of the Agency or to any right of partition
or similar proceeding. Members specifically disclaim, waive, and compromise any such rights.
Shall Seek Cooperation
In recognition of the role of the Agency as one of the governmental programs of the Texas
Association of Counties, the Agency shall seek cooperative arrangements concerning
administration, investments, joint programs, and other matters of mutual concern in order to
achieve economies and to effectuate objectives shared by the said Association and any other
sponsored programs.
ARTICLE XVII
Amendment of Bylaws
These Bylaws may be altered, amended or repealed by a majority of the Directors present at any
regular meeting or at any special meeting of the Board if at least two days written notice is given
of an Intention to alter, amend or repeal these Bylaws or to adopt new Bylaws at such meeting.
This power shall include the power to create a new name for the Agency.
Page 10 of 10
Q"- 3
• us -
KAY HAMILTON
County Treasurcr
13r.v- COL1111% Courthuuw 300 E 26th, Sulin 313 Bryan. Tlxae 7780.1 (u7e) IM-4140
DATE: November 8. 2001
TO: Hon. Alvin Jones, County Judge
Hon. Tony Jones, Commissioner
Hon. William Thornton, Commissioner
Hon. Randy Sims, Commissioner
Hon. Carey Cauley, Commissioner
Ruth McLeod, Administrative Assistant
FROM: Kay Hamilton, County Treasurer
RE: Quarter Ending 09/28/01 Investment Report
• This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment
Act, which requires quarterly reporting of investment transactions to the Commissioners' Court
The Brazos County Investment portfolio earned a weighted average yield of 3.859% for the
quarter ending 09/28/01. Total interest deposited during the quarter was $338,655.36. The
weighted average maturity of the invested funds was 107.82 days for the total portfolio. This
average included the one-day to two-day availability of the funds that were invested with TexPool.
(Note: In July and August Brazos County purchased callable coupon notes with maturity dates in
the year 2003 Although, the Federal Reserve may call the notes earlier, for the purpose of this
report, all calculations of weighted average maturity and yield are based on the actual maturity
dates in 2003.)
Brazos County had an investment cost of $25,912,310.40 that carried a book value of
$26,033,590 85. Merrill Lynch of Houston and the October 2001 TexPool Newsletter provided
the 09/28/2001 total market value of $26,103,708.87. The Brazos County Investment portfolio
surpassed the benchmark of the 3-month Treasury constant maturities for September 2001 of
2.69% by a little over 1% stating an unrealized gain of $70,118.02 as of quarter end.
PORTFOLIO SUMMARY REPORT
• Fund Group I Fund Group 2 Total
Beginning Book Value (06/29/01) $28,124,796.88 $ 2,036,164.15 $30,160,961.03
Beginning Market Value (06/29/01)
$28,155,318.59
$2,037,448.97
$30,192,767.56
WAM at Beginning Date 37.62
Days
Change to Market Value
($3,408,944.93)
680,113.76)
4,089,058.69)
Ending Book Value (09/28/01)
$24,678,024.65
$ 1,355,566.20
$26,033,590.85
Ending Market Value (09/28/01)
$24,746,373.66
$ 1,357,335.21
$26,103,708.87
Unrealized Gain/[Loss]
68,349.01
1,769.01
70,118.02
WAM at Ending Date 107.82 Days
0
Book Value of funds unrested per security type as of 09/28/2001.
Texpool $18,795,658.40
72.547%
Agency Coupon Notes $ 6,082,407.78
23.149'%
Agency Discount Notes $ 1155,524,67
4.329'%
TOTAL $26,033,590.85
100.00 %
Agency CIN
Investment interest deposited:
Agency DIN
TexPool
NITexPool
WAgency C/N
OAgency DIN
October 2000
$204,114.48
January 2001
$161,651.97
November 2000
$200,799.36
February 2001
$ 93,696.40
December 2000
$107,890.94
March 2001
$120.818.05
WE 12/31100
$512,804.78
Q/E 03/30/01
$376,166.42
April 2001
$166,657.13
July 2001
$139,157.13
May 2001
$116,832.26
August 2001
$136,678.37
June 2001
$ 79707.18
September 2001
$ 62,819.86
Q/E 06/29/01
$363,196.57
Q/E 09/28/01
$338,655.36
Attached are ti
1)
2)
3)
4)
5)
le following reports:
Investments by Fund and Strategy Type
Inventory Holdings Report
Weighted Average Maturity and Yield Report
Quarterly Investment Activity Report
Deposited Interest Summary per Fund
To the best of our knowledge the investment portfolio in this report conforms in all respects to
the Investment Policy of Brazos County and is being managed under the investment strategy of
said policy as approved by the Commissioner's Court of Brazos County.
ley Ham ton, County Treasurer Date
Terri White, Chief Deputy T rer Date
u
Fund
th Endowment Fund
Vehicle Inventory Tax Interest
• Voter Registration
Health & Life Insurance
State Lateral Road
Courthouse Security
Community Supervision
TexPool
FFCB Coupon Notes (10/01/2001)
FHLMC Callable Note (08/2112003)
FNMA Callable Note (07/16/2003)
TexPool
FFCB Coupon Notes (10/01/2001)
TexPool
TexPool
TexPool
TexPool
TexPool
TexPool
Obligation Debt Svc. TexPool
FNMA Disc.Note (11128/2001)
Perm. Improvement TexPool
•
Series 1998
TexPool 001
$ 13,148,207.61
$ 1,029,666.67
$ 2,009,310.00
$ 2,013,944.44
$ 18,201,128.72
$ 1,286,515.19
$ 1.029.486.67
$ 267,125.63
$ 372,201.20
$ 793,719.22
$ 1,155,524.67
$ 1,949,243.89
$ 700,583.13
$ 1,355,566.20
BOOK VALUE OF ALL INVESTED FUNDS FOR SEPTEMBER 2001 $ 26,033,590.85
BRAZOS COUNTY INVESTMENT FUND
INVENTORY
HOLDINGS REPORT
PERIOD ENDING 09/28/2001
FUND
TYPE OF
SETTLE CUSIP
ACCRUED
BEGINNING
BEGINNING
ENDING
ENDING
UNREALIZED
REMAIN.
TYPE
ASSET
DATE NUMBER
MATURITY
COST
PAR •
YIELD
INTEREST
BOOK
MARKET
BOOK
MARKET
GAIN/LOSS
D-T-M
06/29/01
06/29/01
M8/01
09/28/01
AGENCIES
1
FNMA D/N
02/07/01 3135893X2
08/02/01
2,502,927.00
2,565,000.00
S.143
2,552,655.94
2,556,157.88
-
Matured
1
FNMA DIN
02107/01 313589PV9
11/28/01
1,119,332.00
1,165,000.00
5.017
36,192.67
1,141,389.33
1,147,783.89
1,155,524.67
1,160,657.14
5,132.47
61
1
FNMA D/N
07/16/01 3136FORT1
07/16103
1,997,500.00
2,000,000.00
4.12
16,444.44
Did not own
Did not own
2,013,944.44
2,039,800.00
25,85SS6
656
1
FFCB CJN
10/05/99 31331MG3S
10/01/01
1,000,000.00
1,000,000.00
6
29,666.67
1,014,833.33
1,018,415.67
1,029,666.67
1,029,81250
145.83
3
1
FFCB C/N
10105/99 31331HG35
10101/01
999,820.00
1,000,000.00
6
29,666.67
1,029,653 33
1,037,233.33
1,029,486.67
1,029,812.50
325.83
3
1
FHLB UN
07/10/00 3133MBQ34
07/10/03
1,700,000 00
1,700,000.00
7.1
58,003 06
1,758,003.06
1,758,255.69
-
Called 7/10/01
1
FHLMC C/N
08/21101 313924BKO
08/21/03
2,000,000.00
2,000,000.00
4.41
9,310.00
Did not own
Did not own
2,009,310.00
2,023,440.00
14,130.00
692
Sector
Totals
7,496,534.99
7,S17,846.46
7,237,932.45
7,283,522.14
45 589.69
COMMERCIA
L PAPER
Sector
Totals
-
-
CONSTANT
DOLLAR POOL
1
Tex13001
3.4668
20,643,261.89
20,56S,287.79
17,440,092.20
17,462,851.52
22,759.32
1
2
TecPool001
3.4668
2,211,018 59
2,212,243.49
1,355,566.20
1,357,335.21
1,769.01
1
Sector
Totals
22 854 280.48
22 777 531.28
18 795 658.40
18,820,1
.73
24 528.33
•Iw
3f:Y: h~„+T).r
`~t^ i(w
!
L. .aN~.yY..rM...,w. ••>t - ••`s' ."S.n'~•b.,°'-•,F ,a4`.wi'~.:, ,:.i~cry~'°4i'•S.,S,
~Ya. _ _ a:.3d Y.n.. < f'.`•...A ,
PORTFOLIO TOTALS
30,350,815.47
30 295 377.74
26,033,590.85
26,103,708.87
70,118.02
last day of the month fell on Sunday, the last business day of the month was Friday, September 28th All interest & remaining days to maturity are based on the 28th of the month
•
QUARTER ENDING 09-30.2001 INVESTED FUNDS ACTIVITY REPORT
FUND
FWD 1 • POOLED FUND GROUP 2
CeRof 0611g
FY 2001 DEPOSITED INTEREST SUMMARY BY FUND
FUND 1 • POOLED FUND GROUP PG I
ROD T
195.
L H OW
;sir • Tr
'SEC
Y. , N
i
10/02/00
Coupon Payments
30 000 00
3D.000 00
60 000 00
10/02/00
Matured
Commercial W
33 239.55
33 39 55
10/31/00
October TexPOOt Interest
Interest
64 900 69
6 796 79
33 15
2,11762
1,41125
183.30
33801
5.81166
4 035 53
7,31563
17,93129
110,87493
10/31/00
TexPool Interest Transfer
4,03553
L4,035 53
Wig
11/01/00
Commercial Paper Matured
26 31600
26 31600
11/15/00
U 5 -TNote Cou n P nt
28125 00
28 125.00
11/30/00
FNMA D/N Matured
38 552 15
38 552 15
11/30/00
November TexPool Interest
63.201 46
6 616 56
32 28
2 061 46
1 373 83
178.44
32905
5 528 95
3.90679
7.12 1!64
17 455 79
107.806.W
11/30/00
TexPool Interest Transfer
3.90679
3 906.79
B
~
12/29/00
December TexPool Interest
65,026 37
6 805 36
33 20
2,12028
1 413 03
183 53
338.44
3,846.30
3 996 75
6,97068
17,15701
107 90 94
12/29/00
TexPcol Interest Transfer
3.996.75
3 996 75
D 8
01/10/01
FHLB Callable - Coupon nt.
fi0 50 00
60 35000
01/31/01
Janus TexPod Interest
61 510.69
6 427 62
31 35
2 002 60
1 334 60
172 78
31965
3,632.81
3,75423
6 366 84
15 74880
101.30197
01/31/01
TexPool Interest Transfer
1
3754.23
375423
k
domwepm
S
02/21/01
Commercial Paper Matured
5,647.54
5 647 54
02/28/01
February TexPool Interest
54 642 52
5,427.21
26 47
3,529.23
1,12688
131 15
269.90
3,067.39
3,049.57
4,53368
12 244.86
88 048.86
02/28/01
TexPcd Interest Transfer
3.04957
(3,04957)
03/01/01
Commercial Paper Matured
17 1308
17,21308
03/31/01
March TexPool Interest
71,308 96
5 731 26
27 96
2,9x2 26
1,19001
138.50
285.02
3 457 58
2,424.11
4 604 67
11 45464
103 604.97
03/31/01
TexPcol Interest Transfer
2.424.11
(2,42411
0
Br
t
04/02/01
FFCB Coupon Pyrnnts
30 00000
30,00000
60 000 00
04/18/01
GMAC Comm Paper Matured
14 554 85
14 554.85
04/30/01
April TexPool Interest
64 333 67
5.12942
25.02
2,884,84
1 065 05
12395
25509
3.16461
2,03808
4,090.60
9 001 96
92 102 28
04/30/01
TexPool Interest Transfer
2,03808
(2,038081
K
5
fl
05/15/01
USTN Matured
30,937 50
30937.50
05/31/01
May TexPcol Interest
60 005.41
4.78370
2333
2,690.40
99326
11560
237.90
2,951.32
2 295 70
3.402.89
6 395 25
85 894 76
05/31/01
TexPool Interest Transfer
2 295 70
2295 70
0
06/30/01
Am Udlod Interest
55 723.46
4,441 70
21 67
2
922 25
107 33
220.89
2,740.32
2 450 66
2,832.48
7 748 35
79 707 18
06/30/01
TexPool Interest Transfer
2.450.66
2 450 66
NC
07/10/0)
FHLB Callable Was Called In
60 35000
E
60 350.00
07/31/01
J TQPool Interest
55.556.17
4.42769
21 60
2
490.18
91934
10700
220.19
2,731.68
2 434 41
2.82355
7 075 32
78 807 13
07/31/01
TexPool InterestTrsfnfer
2,434.41
,434A1
08/02/01
FNMA D/N Matured
62.07300
62.073-GO
08/31/01
A sl TOPoo1 Interest
52 936 33
4.21826
2058
1.898.29
875.86
101 93
209 78
2 602 47
2,31123
2 689 99
6,7 40 65
74 605.37
08/31/01
TexPod Interest Transfer
2311.23
,311.23
28
/28/01
se tember Texlbd Interest
44 785.81
3,655.37
17 83
1,18143
75898
88 33
"19
2,255 19
1 996 23
2,31282
5 586 O8
62 819.86
/28/01
TexPool Interest Transfer
1.99623
1,996 23
Ht7
C
r rue repus reueas use aroma nn xmm aepoenea ror mvesOhents maarnng oureg are mono and the TexPool Interest earned at month end
It does not reflect the amount Of Interest accrued to the premus fiscal year for investments that were Invested before 101012000.
p~s
0 0
BRAZOS COUNTY INVESTMENT FUND
WEIGHTED AVERAGE MATURITY AND YIEL
D REPORT
PERIOD ENDING 09/28/2001
SECURITY
SETTLE
MATURITY
END BOOK
MARKET
UNREALIZED
D-T-M
WEIGHTED
TYPE
DATE
DATE
COST
PAR
YIELD
VALUE
VALUE
GAIN/LOSS
W.A.M.
AVG.YLD
09128/01
09128/01
AGENCIES
FNMA D/N
02/07101
08/02/01
2,502,927.00
2,565,000.00
5.143
-
-
-
Matured
FNMA DIN
02/07/01
11/28/01
1,119,332.00
1,165,000.00
5.017
1,155,524.67
1,160,657.14
5,132.47
61
FNMA D/N
07/16/01
07/16/03
1,997,500.00
2,000,000.00
4.12
2,013,944.44
2,039,800.00
25,855.56
656
FFCB UN
10/05/99
10/01/01
1,000,000.00
1,000,000.00
6
1,029,666.67
1,029,812.50
145.83
3
FFCB C/N
10/05/99
10/01/01
999,820.00
1,000,000.00
6
1,029,486.67
1,029,812.50
325.83
3
FNLB C/N
07/10/00
07/10/02
1,700,000.00
1,700,000.00
7.1
-
-
-
0
called 7/10/01
Ffil-MC C/N
08/21/01
08/21/03
2,000,000.00
2,000,000.00
4.41
2,009,310.00
2,023,440.00
14,130.00
692
Sector
Totals
7,237,932.45
7,283,522.14
45,589.69
385.23
4.879
COMMERCIAL PA
PER
Sector
Totals
-
-
-
0.00
0.000
CONSTANT DOLL
AR POOL
exPool
3.4668
17,440,092.20
17,462,851.52
22,759.32
1
expool 001
3.4668
1,355,566.20
1,357,335.21
1,769.01
1
Sector
Totals
18,795,658.40
18,820,186.73
24,528.33
1
3.4668
PORTFOLIO TOTALS
26,033,590.85
26,103,708.87
70,118.02
107.82
3.859
NOTE- The last day of the month fell on Sunday, the last business day of the month was Friday, September 28,2001.
All interest calculations and remaining days to maturity are based on the 28th day of the month.
1
W
L