HomeMy WebLinkAbout1954-04-14-1000AM-Special309
April 12, 1954. F~
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Contract to begin April 12, 1954 and terminate October 1, 1954. ~x.
Signed GULF STATES ASPHALT GO., Bidder ,t#
~s By L. F. Bramble, Owner
r Box 508, South Houston, Texas. t ,
Returnable Date ;ice
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April 12, 1954.
10:00 A. M.
Mark your envelope "Sealed Proposal" and mail to
County Auditor, Brazos County, Bryan, Texas. • ,F?,~.
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It was found and declared by the Court that according to the foregoing proposals The Tomas
Company of Houston, Taxes, was the lowest and best bidder for the materials specified, but in view y;i
Aft of that company's statement that delivery would be made to the county storage tank the County Judge
was requested to write the company and ascertain whether or not the company would deliver the road '~'73ks
asphalt at proper temperature for application to the road and to the particular job under construction.
On motion duly seconded and unanimously adopted the Court voted to pay all bills which have been
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i 'properly filed and approved and for which budgeted funds are available. Whereupon the Court adjourned.
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Special Meeting, Wednesday, April 14, 1954.
A special meeting of the Commiaeioner4l Court of Brazos County, Texas, was held in the otrias ,~f~
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h? of the County Judge in the courthouse beginning at 10:00 a.m., Wednesday, April 14, 1954, with the L; h
q following members present: '
I - A. S. Ware, County Judge, presiding; '
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Raymond A. Nolan, Commissioner of Precinct No. lj spy
r Reuben F. Conrad, Commissioner of Precinct No. 21
Clyde J. Porterfield, Commissioner of Precinct No. 3y ri
Newton Burlin, Commissioner of Precinct No. 4; and
5 S.
A. B. Syptak, County Clerk.
The principal reason for this special meeting was to discuss in detail the proposition of
placing Brazos County officers and employees under the Old-Age and Survivors Insurance Program of the ;
Federal Social Security Board as it is administered through the Texas State Department of Public Welfare r
in Austin. Accordingly, Mr. James B, Atlas, Director of the Social Security Division of the State ti•
Department of Public Welfare of Austin, Texas, appeared and presented details of the program and the
nJh,
necessary procedure to be followed in the event that the county desired to participate. - 3
After extended and detailed explanations by Mr. Atlee and after full and complete discussion
by members of the Court,,i motion was made,
•~,t duly seconded and unanimously adopted by which it was voted to place Brazos County under full and complete coverage of the Old-Age and Survivors Insurance
Program of the Federal Social Security Board, effective from and after May 1, 1954, and to include
' all `elective county and precinct officers and all employees of the county. The foregoing motion also gStr
a authorised the-County Judge to prepire'the necessary agreements and certificates to accomplish the
desired result, according to the following formal orders
r , 'STATE OF TMCAS
t , COUNTY. OF BRAZOS
On the 1 , • . 1'~
( 14th day of April, 1954'came.on to be heard by the Commiesionere' Court
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John H. Winters, Executive, Director
Texas State Department of Public Welfare
Tribune-Building
Austin, Texas
September 7, 1951.
` e 4 0 Y M* M A R Y ~ .
STATE DEPARTMUT OF PUBLIC WELFARE
Austin, Texas
September 7, 1951.
This bulletin$ has bean promulgated by the State Departments of Publio Welfare under
Section 5 of H. B. 603, Acts 52nd Legislature, Regular Session. Its purpose is.to unify
and preadut authoritative, legally prescribed guides for counties and municipalities of
Texas that wish to obtain old-age and survivors insurance coverage for their employees.
Ito scope includes selected provisions of the Federal and State statutes and adminis-
trative regulations which govern agreements between the State Department of Public WaYars
and individual counties and municipalities.
This is the second bulletin in a series of three. Bulletin 1, General Informaust
was published August 21 in order to provide factual information about the program for
the use of counties and municipalities that are considering the question of whether or
not they want to apply for OASI coverage. Bulletin 3, Wage Reports and Contributieons,
will be published in the near future. It will be of interest only to these countis and
municipalities that have entered into agreements with the Department, and it will contain
regulations governing the preparation of wage reports and the submittal of contributions.
It is the policy of this Department that procedures established under the law shall
be minimized and simplified as much as possible. Any suggestions to this and will be re-
ceived gratefully. We look upon this as a cooperative undertaking in which the counties
and municipalities, and especially their employees, have the greater stake. Sincerely.
April 14, 1954o
of Brazos County, Teems at a Special term of such Court the question as to whether the
county should enter into agreements whereby the employees of the county would be authorized
to participate in the Old-Age and Survivors Insurance System of the Federal government.
On motion by Commissioner Harlin, seconded by Commissioner Nolan, that the County of
Brazos enter into all necessary agreements with the State Department of Public Welfare in
order that the provisions of House Bill 603, Acts 52nd,Leg., R. S. 1951 and Public Law
734, 81st Congress, ch. 809, 2d, H. R. 6000, be carried out, and such motion having been
placed to a vote and having carried unanimoualy.
It is hereby ordered, adjudged, and decreed that the County of Brazos enter into all
necessary agreements with the State Department of Public Welfare for the purpose of carry-
ing out the provisions of the above mentioned acts.
The Hon. A. S. Ware, County Judge, is hereby appointed as Agent of such county to exe-
cute all necessary agreements and instruments for and in behalf of the County.
It is further ordered that a sufficient aum of money be allocated and eat aside
from the proper fluid and to be known as the County of Brazos Social Security Fund for
the purpose of carrying out the provisions of the above mentioned acts. Such Social
Security Fund shall be set aside and maintained in the County Depository.
A. S. Ware, County Judge;
Raymond A. Nolan, Commissioner of Precinct No. 1;
Reuben F. Conrad, Commissioner of Precinct No. 2;
(Seal) Clyde J. Porterfield, Commissioner of Precinct No.
ATTEST: Newton Burlin, Commissioner of Precinct No. 4;
A. B. Syptak,
County Clerk and Zic-Officio Clerk
of Commisaioneri'Court of Brazos
County, Texas.e
The following application and agreement was also accepted by the Court and ordered recorded in
the Permanent Minutes as a part of the transaction by which the County proposes to go under the Social
Security Program:
■Bulletin 2
APPLICATION AND AGREEKUT
01d-Age and Survivors Insurance
for Employees of Municipalities and Counties
State of Texas
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April 14, 1954. .
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2100 INTRODUCTION. . . . .
2200 COVERAGE REQUIREMENTS 3
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2300 TERMS OF AGREM NT
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2400 PROCEDURE FOR JOINING
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2500 APPLICATION FORM
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2600 AGREEMENT FORK. 13
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2700 ORDINANCES AND ORDERS. .
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2100. INTRODUCTION
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2110. Purpose
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2111. The State Department of Public Welfare Shall, at the request of any
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igible county or municipality of the State of Texas, enter into an agreement for
the purpose of extending the old-age and survivors insurance system established by
' Title II of the Social Security Act to services performed by employees of the county
or municipality.
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• 2112. Each agreement shall incorporate provisions as required and authorized
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by H. B. 603, Acts of the 52nd Legislature, Regular Session, (Vernon's Texas Civil
Statutes, Art. 6958.)
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2113. Rules governing and controlling agreements are contained in this bulletin.
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These rules" consist of and are derived from
{ ' provisions of the Federal Social Security
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and
. H. 603.
2114. This bulletin shall be incorporated reference in each
by agreement.
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7115. A system of numbering is provided to be used for identification and ci-
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tation of these rules. The lot digit is the bulletin number; the 2nd digit is the
chapter number; the 3rd digit is the group of items; and the 4th digit is the item.
2120. Definitions
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The following tome were defined in Section 1 of H. B. 603,
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2121. "The term 'wages' means all remuneration for employment as defined herein,
including the cash value of all remuneration paid in any medium other than cash, except
that such term eleal.1 not include that part of such remuneration which, even if it were
for 'employment' within the meaning of the Federal Insurance Contributions Act, would
not constitute 'wages' within the meaning of that Act.
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" '•acr+, r 2122. "The term 'employment' means any service performed
y by an employee in the
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employ of a county or municipality of the State other than services performed in con-
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nection with a proprietary !unction of said county or municipality, except (1) service
which in the absence of an agreement entered into under thi
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ecurity Act may not be included in an agreement between the State and the Federal
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Security Administrator entered into under this Act.
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2123. "The term 'employee' includes an officer of a county or municipality of
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the State.
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r i 2124. "The term 'State Agency' means the State Department of Public Welfare.
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2125. "The term 'Federal Security Administrator' includes any individual to whom
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the Federal Security Administrator has delegated any of his functions under the Social
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dcurity Act with respect to coverage under ouch Act of employees of States and their
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2126. "The term 'municipality' means incorporated cities, towns, and villages.
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2127' "The term 'Social Security Act' means the Act'of Congress approved August 14,
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1935, Chapter 531, 49 St-t- 620, officially cited as the 'Social Security Act,' (including
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requirements,issued pursuant,thersto), as such Act his been and may from
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me,to time be amended.
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April 14, 1954
2200. COM AGE BEQUIROMS
2210. Services Which Must be Covered
AU employees of any given county or municipality shall be covered if any of the
employees of the group are to be covered, except an provided below.
2220. Optional Services Which Mav be Covered
2221. Any service of an emergency nature.
2222. All services in any class or classes of elective positions, part-time
positions, or positions the compensation br which is on a fee basis.
2230. Services Which Cannot be Covered
2231. Any service performed by employees as members of any coverage group in
positions covered by a retirement system on the date the coverage is
made applicable to the coverage group.
2232. Services performed in connection with a proprietary function of the
county or municipality.
2233• Service performed by an individual who is employed to relieve him from
unemployment.
2234. Service performed in a hospital, home or other institution by a patient
or inmate thereof.
2235. Transportation service already covered, as determined under Section
210 (1) of Title II of the Social Security Act.
2300. TEAS OF AGREEMF2TT
2310. Nature of Agreement
2311. Coverage of employees of counties and municipalities under the Federal
Social Security Act is voluntary, the initiative resting with the counties and mu-
nicipalities.
2312. A,seriea of agreements is necessary to make coverage effective; one be-
tween the State Department of Public Welfare and each county and municipality electing
to participate and one between the State Department of Public Welfare and the Federal
Security Administrator.
2313, In entering into a coverage agreement, the county or municipality will be
assuming certain responsibilities set forth in H. B. 603.
2320. Coverage
2321. The county or municipality shall comply with the legal coverage requiremeats.
2322. The agreement shall specify the county or municipality's election with
respect to the optional services.
2330. Effectlva Gate of Aoraement
2331• Any agreement or modification of an agreement under H. S. 603 shall be
effective with respect to am-vices performed bl covered employees after an effective
date specified in the agreement or modification.
2332. This effective date shall be determined by the county or municipality.
2333• Agreements completed during calendar years 1951 and 1952 and 1953 may be
set retroactive to January 1, 1951.
2334. Agreements completed after 1953 may be set retroactive to the first day of
the calendar year in which completed.
2335. Retroactive agreements cover only those individuals employed at the time the
agreement is wtual.ly sipped, and cover only that portion of the retroactive period during
which the individual was employed.
2340. Contributions and Reports
2341. The county or municipality shall pay contributions to the State Department
of Public Welfare for the purposes and in the amounts and rates provided by law.
2342. The county or municipality shall comply with such regulations concerning
contributions and reports as may be issued by the State Department of Public Welfare.
2343. The official title and address of the person who will be charged with the
duty to make asseeamenta, collections and reports shall be specified in the application.
2344. If more or leas than the correct amounty of any contribution in paid,
adjustments or refunds shall be made in the manner and at the time prescribed bythe
- State Department of Public Welfare.
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April 14, 1954.
2345, the county or municipality shall pay legal interest, at the rate of 6 per
eentum per annum from the date due until paid, on delinquent contributions.
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2346. The county or municipality shall cooperate in such administrative methods
as are found necessary by the State Department of Public Welfare.
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2347. The county or municipality shall make reports in such form and containing
such information as the State Department of Public Welfare may require and shall agree
to comply with any provisions the State Department of Public Welfare may find necessary
in order to assure the receipt, correctness, and verification of these reports.
2350. Financial Responsibility
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2351. The county or municipality shall guarantee that it will be financially
responsible for its share in this program on a current basis
.
2352. A special fund, separate and apart from all other
public monies
shall be
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established by the county or municipality to be known as the "Social Security Fund"
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and to be administered by the county or municipality exclusively for the purposes of
the agreement.
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2353. The Social Security Fund shall be the source of all regular contributions
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tax ~i- ~Jr,
and payments by the county or municipality to the State Departmeht of Public Welfare
for purposes of discharging all of its obli
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he agreement.
2354. The county or municipality shall appropriate and deposit in its "Social
Security Fund once each year a sufficient amount to meet its estimates obligations for
the succeeding 12 months.
2355. The county or municipality each
year shall make a priority dedication of
revenues for purposes of the annual "Social Security Fund" deposit.
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2356. In estimating the amount of the annual deposit, the minimum requirement
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shall be predicted by (a) multiplying the total contribution for the last quarter by
four; (b) adding an amount to cover the pro-rata State administrative assessment (see
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2370, below); and (c) adding an adequate margin to allow for any possible fluctuations
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e year ahead. A special procedure is necessary the first year, see 2450 group
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below.
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2357. The agreement shall specify a date by which time the deposit will have
been made each year.
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2358. The official designated to make reports (see 2343, above) shall submit a
-certified statement once annually showing the unencumbered balance in the "Social
Security Fund" at the and of business of the due date for the annual deposit.
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2360. Termination of Agreement
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2361. The State Department of Public Welfare may an agreement in its
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entirety if it finds the county or municipality has failed or is legally unable to
_ • _ comply with any provision contained in the agreement.
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2362. Reasonable notice and opportunity for hearing shall be given before any
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agreement is terminated by the State Department of Public Welfare
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2363• The county or municipality may terminate an agreement in its entirety
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after it has been in effect for five years and after the State has been given sufficient
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notice to enable the State to give the Federal Security Administrator two years advance
fr:,r notice.
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2370• Administrative Cost
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2371. The county or municipality
shall defray
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share o
proportionate of the ad-
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minietrative expanses at the state level for carrying on the affairs of the
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2372. The proportionate share for each participating county and municipality
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shall be assessed annually by the State Department of Public Welfare on an egyitable
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asis, and shall be expressed as a uniform fee per employee covered.
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t 2373. The State Department of Public Welfare shall publish for the information
of participating counties and municipalities an annual report of its operations and
r 'z, costs, and shall give an accounting for all amounts contributed b
the c
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2400• PROCEDURE FOR JOINING
2410• Step 1
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Reach a decision to volunteer to participate in the OASI System.
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2420. St_ 9D 2
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Pass ordinance or court order. No official act should be taken under H. B.
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September,7, 1951, the effective date of the act.
, 2430. Step 9
Determine individual employees to be covered
subject to general rules 2220
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and ?230 and subject to such counsel of the county a or munici
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April 14; 1954.•
2440. Stop A
Decide effective date desired.
2441. Explain to employees the advantages pf.the retroactive prigilege.
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2442. Explain to employees their responsibility, for making a contribution
based on earnings during the retroactive period, which will -be matched in the
regular way by the county or municipality.
2450. to
Appropriate and deposit in "Social Security Fund" amounts sufficient to cover
all current obligations, including the coming year.
2451. For covered employees, determine annual salary for the group, counting
no more than $3,600 for any employee for the year. Four per cent of this total for
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2452. Determine the county or municipality's share of State administrative cost
for the coming year, by multiplying the number of covered employees at $1.00 each.
This is the second part of the initial deposit.
2453. If the agreement is to be made retroactive, determine the earnings of the
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covered employees during the retroactive period, counting no more than $3,600 for
any employee. Three per cent of the group's earnings for the past period provides
an estimate of the third part of the initial deposit. (Special instructions will be
issued covering exact procedure for preparing retroactive wage reports and actually
submitting retroactive contributions.)
2460. Step 6
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Yaks appropriate entries in application form and sign.
2470. stop ?
Make appropriate entries in agreement form (in duplicate) and sign.
2480. Step 8
Forward one copy of application, one copy of ordinance or court order, and
two copies of agreement to the Texas State Department of Public Welfare.
2490. Ste,
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Refer any questions or suggestions or requests for additional copies of forms
directly to the Executive Director, Texas State Department of Public Welfare, Austin,
Texas.
2500. APPLICATION PORK
2510. Purpose
Since participation in the OASI system is voluntary the initiative for ob-
f
taining coverage rests with the county or municipality.
he purpose of the appli-
cation form is to signify the intent of the county or municipality and to provide
the State Department with basic information needed for completing the agreement.
2520. Explanation of Form
See rule 2480 for list of materials required in item 1.
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Enter "General law" or "home rule" in item 2, whidhever is applicable.
The next blank is in item 3. This entry is the total number of persons, em-
ployed at the present time, to be included,in the coverage group. See rule 2430.
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• The next blank is in item 4. Enter the total annual salary of the employees
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to be covered. In accumulating this total mount, it should be remembered that no
more than $3,60D should be included for any one employee for the year.
The next blank is in item 5. See rules 2450, 2451, 2452 and 2453 for procedure
ih completing this item.
For item 6, the law designates the County Treasurer for counties and the person
holding a comparable position for municipalities.
SUBJECTw Application for OASI Coverage
FHOHx Namo of County or Kunicipalityt Brpsoe County, Texas.
TOr John H. Winters, Executive Director
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Texas State Department of Public Welfare
Austin, Texas
1. The information shown below, together with the attached materials, comprise
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our application for coverage under the Federal system of old-age and survivors
insurance.
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April 14, 1954.
2. (For Municipalities Only) basis of incorporation:
3. The number of pereans now employed in services to be included in the coverage
group is eighty (80).
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All services which must be covered under rule 2210 are included and all
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services which cannot be covered under rule 2230 are excluded. The types of optimal
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services included are indicated in the attached agreement.
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4. At the current pay rate, the total of the annual salaries subject to con-
tribution for the covered group is $1820209.00.
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5. The unencumbered balance in the Social Security Fund is $4
918.90 on (date)
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April 15, 1954. This balance is made up as follows: (Deposit slip attached).
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a. Deposit for year beginning (date) 5-1-54 to 1-1-55. $4,858.90
b. Deposit for share of State adm
cost
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. . • . . . . . 60.00
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6. The official title and address of the person charged with the duty to make
assessments, collections and reports is County Clerk A. B. Syptak, Brazos County
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Texas, Bryan, Texas.
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Signed: A. S. Ware
Title: County Judge of Brazos County, Texas. Dates April 14
1954
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2600. AGREEMENT FORM
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2610. Purpose
The agreement is the initial instrument by which the Federal and State law is
made effective for individual counties and municipalities. Bulletin 2 has been in-
corporated by reference into the agreement in order to simplify the agreement form.
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2620. Explanation of Agreement Form
The name of the county or municipality should be entered in item 1.
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Under item 4 the county or municipality should list the services which it has
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elected to exclude from coverage. If none, enter "None". See rules 2221 and 2222.
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A date is to be entered in item 5 indicating the time by which the annual deposit
is to be made in the "Social Security Fund" for the county or municipality. See the
rules in the 2350 group.
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The effective date of the agreement is to be entered in item 6. See the rules
in the 2330 group for guidance.
AGREEMENT
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1. This agreement is entered into by the State Department of Public Welfgrs and
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razos
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exas, hereafter referred to as the Political Subdivision
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order to make Old-A a and Survly I
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. ? +•r g ors surance coverage effective for employees of the
Political Subdivision. ,u
2. Both parties agree to undertake the respective liabilities and responsibili-
ties authorized and provided by H. B. 603, Acts 52nd Legislature, Regular Session
and by the Federal Social Security Act (as they now are and may from time to time,
be amended), and that they are a part of this agreement. ;r
- 3. The Political Subdivision agrees that the provisions of Bulletin 2, Appli-
cation and Agreement, (as it now is and may from time to time be amended) promulgated eV;
by the State Department of Public Welfare, are a part of this agreement.
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1 4. The Political Subdivision agrees to cover all employees of the Political
Subdivision, except those performing services specifically excluded by law and those Y
performing services listed below. No exceptions. a'R~r
5. The Political Subdivision will deposit in the Social Security Fund" on or
z' before (date) January 15 each year the amount of priority dedicated revenues sufficient
,y rr ~ , ~ to most its estimated obligations under the terms of this agreement.
i 6. The effective data of this agreement is (date) May 1, 1954.
d y ''r LL 7. This agreement is agreed to, 'Ir'I
r by the Political Subdivision (date) April 14, 1954`
r: BRAZOS COUNTf, TEXAS:
Bys A.' S. Ware 'f d
t State County Judge of Brazos County, Texas. Y,
by the; State Public Welfare (date). j'
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316
April 14, 1954. '
•y.
! 2700. ORDINANCES AND ORDERS
•sy ~
~ 2710. Purpose
Before a county or municipality may enter into an agreement, there must be
Y` specific enabling legislation by the governing body of the county or municipality.
c~ 2720. Forme
Yodel ordinances and commissioners court order are shown on the following
j. pages.
Note that the ordinance form suggested is applicable only for "general law" T
'f cities. "Home rule" `cities must refer to their particular charters for proper form y
of the ordinance. Except for special charter requirements, however, the content of
the suggested ordinance ton: should be adapted for use by "home rule" cities.
A certified copy of the charter will be attached to the ordinance of "home
rule" cities."
oawwwwwwwwwwwwwIs .
The Court received and approved as submitted the monthly tabulation of the Brasov County Health
Unit for the month of Earth, 1954.
The County Judge laid before the Court the following written proposal for the mending, binding
and preservation of the original Brazos County land survey plat books in the office of the County Clark
consisting of two volumes of original drawings on drafting cloths
t
"John Waldron Dolly
5216 Maple Springs Blvd.,
Dallas 19, 1Taxes.
April 13,
net Record dl _
o
42 - Vinyl envelopes at $4.90 each. . . . . . . .$205.80
1 plat record binder. . . . . . . . . 32.50
Total complete. . . . . . . . . . . 23 3
Plat Record #2
' 42 - Vinyl envelopes at $4.90 each. . . . . . 205.80
1 plat record binder. . . . . . . . . . . . 32.50
Total complete. . . . . . . . . . . . 238.30
This price includes installation and repair of damaged plats.•
on motion duly seconded and unanimously adopted the Court voted to accept the foregoing proposal
;sl and to authorise Fir. Dolly to furnish the necessary vinyl envelopes and binders and to install them and
otherwise aomplato the two volumes of plat records at Brazos County land surveys for permanent file in
the office of the County Clerk, at a total price of $476.60 to be paid from the Permanent Improvements
Whereupon the Court adjourned.
;';fwwwIs
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yy99~~ Special Meeting, April 24, 1954.
A special meeting of the Commissioners' Court of Brazos County, Texas, was held in the office of .
the County Judge in the courthouse beginning at 8:30 a.m., Saturday, April 24, 1954, with the following
members present:
f A. S. Ware, County Judge, presiding,
Clyde J. Porterfield, Co®issioner of Precinct No. 31 cad b
Newton Burlin, Commissioner of Precinct No. 4.
On motion of Commissioner Porterfield, duly seconded and unanimously adopted, the Court voted to
sell to Charles N. Payne of Edge, Texas, on his bid of $200.00 cash, which was the highest and beet pro-
posal available, one old, badly used pull-type Caterpillas road grader heretofore assigned to and formerly
+I used by Precinct No. 3.
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