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HomeMy WebLinkAbout1984-12-10-0900AM-Regular4 F z i tk ~g c r Y t i F t 4 t j f 1 I COMMISSIONERS' COURT MEETING DECEMBER 10, 1984 I The Commissioners Court convened at 9:00 A.M. in the meet- ing room of the County Agents Office in the Courthouse Annex, Bryan, Texas. A detailed report on the activities of the County Agents for the past year and of plans for the coming year was given. The persons present at this meeting were: R. J. Holmgreen, County Judge, presiding: Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Richard Perkins - Citizen Shawn Riley - Citizen Lynn Thomas - Citizen E. D. Davidson - Citizen Ruth McLeod - Admin.Asst.to Commissioners Court Arthur Yeager - Citizen Lawrence Lippke - Citizen Chester P. Fehlis - Citizen DeAnn Hurta - Citizen Marie Bell - Citizen Bruck Faulkner - Citizen The meeting was recessed until 10:00 A.M. The Commissioners Court meeting reconvened at 10:00 A.M. in the Commissioners Courtroom of the Brazos County Courthouse, Bryan, Texas with the following members of the Court present: R. J. Holmgreen, County Judge, presiding: Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance: Sandy Lange Treasurer's Office Jann Snell The Eagle Abe Messarra A.B.E. Systems Van Kinerd County Auditor Maria Sandberg Auditor's Office William S. Thornton LTPWK Billy Eubanks County Engineer Carol Snedeker County Judge's Secretary Buddy Winn Tax Assessor Collector Kenneth W. Knauer Citizen Louis Garcia, Jr. Constable, Precinct 4 Ruth McLeod Admin.Asst.Commissioners Court 4 ~Y J y ~ r NQL12,PAGE,ag5' ,I i ~I i I~ The Court received, approved and ordered filed as submitted the following reports for November, 1984: W. T. Sistrunk, County Extension Agent: Mike McKinney, County Extension Agent; Dale A. Fritz, County Extension Agent; Mable Walker, County Extension Agent; Kathleen McDonald, County Extension Agent. The Court received, considered and approved reports from County and Precinct officers showing revenue collected and re- mitted to the County Treasurer. The County Judge opened the meeting and complimented the County Agents on their activities for the past year and on their f activities for the past year and on their plans for the coming year. i ± The first matter to come before the Court was a two year I` contract for the collection of del.iquent taxes for Brazos County. After discussion Commissioner Beard moved to enter into contract with Gates Steen for the collection of deliquent taxes. The E I motion was seconded by Commissioner Wilcox and carried unanimously. Compensation for the services would be 15% of the taxes collected and would be paid by the tax payer. A copy of the contract is attached. Next to be considered were amendments to the 1984 Budget for various departments. On motion by Commissioner Cooley, seconded by Commissioner Beard the Court voted unanimously to approve the budget amendments as submitted. A copy of the amendments are at- tached hereto. The Court proceeded to consider a Resubdivision Plat of lots 35, 36 and 37, Block 1, Nantuckett Subdivision, Phase 1 in Pre- cinct 1. The resubdivision would remove the utility easement and lot line between lots 35 and 36 and between lots 36 and 37 result- ing in establishing 2 lots out of 3 lots. After much discussion Commissioner Cooley moved to approve the Plat as submitted, subject VOLL- PAGE219-L 7 to approval by the Planning and Zoning Commission of the City of College Station. The motion died for lack of a second. Cooley next moved to vacate the utility easements between lots 35 and 36 and between lots 36 and 37 provided the City of College r ; Station will vacate the easements. Commissioner Beard seconded the motion which carried unanimously. It was noted that this was t a variance from the Subdivision Regulations. The Court naxt considered the following bids and authoriza- tion of the payment thareof: 1. Bids 177, 178 and 179 - Annual Electronic Typewriter Contract for Brazos County. ; A. Bids 177 and 178 was for typewriter and 4 options: ; 1. Option Package 2. Spell Check Package ' 3. Printer Package 4. Addition Daisy Wheels B. Bid 179 was for typewriter and 4 options: 1. Option Package 2. Spell Check Package ' 3. Printer Package 4. Additional Daisy Wheels BID 177 1. Central Texas Word Processing: Olivetti E111 - $685.00 Options: (1) -0- (2) N/A (3) -0- (4) $29.95 2. Executive Business Machines: v ` IBM Wheelwriter 3 Model 6746/001 - $635.00 E Options: (1) $48.00 (2) $120.00 (3) $120.00 (4) $22.00 3. ABE Systems, Inc: Silver Reed EX55 - $798.00 i t Options: (1) not necessary (2) not available (3) $300.00 (4) $18.95 BID 178 1. Central Texas Word Processing: ' Olivetti ET225 - $1,383.00 g Options: (1) -0- (2) N/A (3) -0- (4) $29.95 r 2. Executive Business Machines: IBM Wheelwriter 5-Model 6747/001 - $835.00 a' Options: (1) $48.00 (2) 120.00 (3) 120.00 (4) $22.00 3. ABE Systems, Inc.: Silver Reed EX300 $795.00 ~ Options: (1) not necessary (2) not available (3) $295.00 F (4) $18.95 4. ABE Systems, Inc.: Silver Reed EX55M - $796.00 ' Options: (1) not necessary (2) not available (3) $295.00 (4) $18.95 J VGLk PAGEag1-j t f ~ r. I 5. ABE Systems, Inc.: Silver Reed EX66 - $1,036.00 Options: (1) not necessary (2) not available (3) $295.00 (4) $18.95 6. ABE Systems, Inc.: Hermes S40 - $1,295.00 Options: (1) not necessary (2) not available (3) $395.00 (4) $39.95 BID 179 1. Executive Business Machines: IBM Quietwriter 7 6750/001 - $1,035.00 Options: (1) $48.00 (2) $120.00 (3) $120.00 (4) $22.00 The Auditor's Office recommended the contract be awarded to Executive Business Machines stating that it was the only bid that met the specifications. On motion by Com- missioner Beard, seconded by Commissioner Cooley the Court voted unanimously to award the contract to Execu- tive Business Machines. 2. Bid No. 174 - New or Used Pup Trailer for the Road and Bridge Department: a. Young Brothers Equipment Co. (new) $14,260.00 b. Trucks Unlimited (used) $ 8,000.00 On motion by Commissioner Cooley, seconded by Commissioner Beard the Court voted unanimously to accept the bid of Trucks Unlimited for a used 1980 Hilbilt in the amount of $8,000.00 and authorized the payment thereof. 3. Bid No. 176 - Annual Contract for purchase of Barbed Wire for the Road and Bridge Department: 1. No Bids were received on this item. The Court next considered the Change of Status for the follow- ing employees: Mark Alan Gaither Richard O. Drake Alan Small Sean Proctor Robert W. Dick Gale Davidson Johnathan Lee Haskell Susan Lynn Zemanek Barbara Ann Hein Marti Marie Ford Joseph Andrew Cronin Brenda Sue Hugo Janis Kay Purifoy Gloria Lyvonne Collins Walter Earl Simpson Philip Duane Eberhart Judy Ann Adams Cynthia Louise Neeb Michel Earl Davis Kristi Kay Schommer f Sheriff's Office Road & Bridge, Pct. 3 County Attorney County Attorney Juvenile Services County Court At Law Sheriff's Office County Clerk's Office County Clerk's Office Juvenile Services Juvenile Services Juvenile Services Juvenile Services Juvenile Services Juvenile Services Juvenile Services Juvenile Services Juvenile Services Juvenile Services Juvenile Services On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to approve the Change of Status as submitted. '~OpGE J Y \ 11 , , ~ ~ ' e 1 1 ~ S 11 ,M Under Other Business the Court CONSIDERED A RESOLUTION APPROVING THE REORGANIZATION OF BRAZOS COUNTY HOUSING FINANCE CORPORATION; APPROVING THE ARTICLES OF INCORPORATION THEREOF AND CERTAIN ARTICLES OF AMENDMENT: APPOINTING THE DIRECTORS THEREOF; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUB- JECT. On motion by Commissioner Wilcox, seconded by Commissio- ner Beard, the Court voted unanimously to adopt the Resolution as submitted. A full copy of the Resolution is attached to and made a part of these minutes. Also under Other Business and on motion by Commissioner t Wilcox, seconded by Commissioner Beard, the Court voted un- animously to proclaim December as "Holidays Ahead Month." There being no further business the meeting was recessed until 1:30 P.M. 1:30 P.M. The meeting reconvened at 1:30 P.M. with all members of the Court present. z The following citizens were present: W. D. Burley District Clerk t Carol Snedeker County Judge's Secretary W. B. Davis Tax Office k Lynnea Cramer KAMU-TV Kathy Robinette KAMU-TV ' Jimmy Patterson WTAW Mari3ane Deen Data Processing Manager Van Kinerd County Auditor Winfred E. Pittman Constable, Precinct 7 L Jim Reynolds Arts Council Bonnie Yarbrough Arts Council Y ' Dale Bouis Court Administrator Jann Snell The Eagle Buddy Winn Tax Assessor Collector ~i Hugh W. Lindsay Justice of the Peace,Pct.7,P1.2 f~ Ruth McLeod Admin.Asst.Commissioners Court ' The County Judge announced the Public Hearing open on the r= County Budget for 1985 and asked for comments from the audience. Z, Jim Reynolds representing the Brazos Valley Arts Council re- quested that funding to the Arts Council be increased to #11,500. Mr. Reynolds sited a possible miscommunication earlier in the year 7,, regarding special funding for the Art Train. On motion by Commissio- V0LZ_pAGE!0C1q i I _ e ~Y. ..ter ner Cooley, seconded by Commissioner Turner the Court voted un- animously to increase the budget for the Arts Council to $11,500. Winfred Pittman, Constable, Precinct 7, requested funding for extra help in the amount of $500. On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to approve the request and increase the budget for Constable, Pre- cinct 7, by $500. Due to clerical error it was requested that the Welfare Bud- get be increased by $4,857. to accomodate the Temporary Emergency Relief Funds to be received from the Department of Human Resources. On motion by Commissioner Turner, seconded by Commissioner Beard, the Court voted unanimously to approve the General Fund Budget for 1985. The Road and Bridge Fund and Road and Bridge No. 2 Funds were next discussed. Receiving no comments from the Public Commissioner 1' Wilcox moved to approve the proposed budget as submitted. There being no further comments the County Judge announced the Public Hearing on the County Budget closed. The County Judge announced the Public Hearing on the Revenue Sharing Budget for 1985 open and asked for comments from the au- dience. Receiving no comments Commissioner Beard moved for the approval of the Revenue Sharing Budget as submitted. The motion was seconded by Commissioner Wilcox and carried unanimously. The County Judge announced that both budgets had been ap- proved and that they would be filed in the office of the County Clerk to be followed during the year of 1985. On motion by Commissioner Beard, seconded by Commissioner Wilcox the Court voted unanimously to set the rate of travel for all county employees at $.205 per mile for 1985. There being no further business to come before the Court the fl i meeting was adjourned. I VOL,S-PAGE 320_- i 1 j~ r 'f 1 1 The foregoing minutes have been examined and approved in open Court this the I1`&/ day of 19T.C5, , in Bryan, Brazos County, Texas, E i E t r E l ht f f , F t r r t i i E k s c i o mgree County Judge Bill ooley Commissioner, Precinct 1 1 T j. OFFICERS' REPORTS FOR NOVEMBER 1984 FRANK BORISKIE, COUNTY CLERK: Fees Count Judge's fees OtZ.Uu Count Attorne s ees 3,752.50 erx s Fees 2,664.75 Sanitary Disposal Law Library Fees Ines Criminal Justice Fees raw Enforcement Education Fund Victim of rme Fund Miscellaneous - Fees to City of College Station 50.00 TOTAL W. D. BURLEY, DISTRICT CLERK: Fees $ 8.803.65 SherIf s Fees 1.963.50 Sheritf's Jury Fees 640.00 District Attorney's Fees 569.00 ines Trial an Jury Fees 185-00 Law Library Fees Criminal Justice Fees 970-00 Law Enforcement Education Fund Victim o rime Fund Miscellaneous -n- TOTAL-tST R'1FTl' ~ZT~. i 5, i n 6jS BOBBY H. YEAGER, SHERIFF'S FEES: $ E. A. WENTRCEK, JR.,JUVENILE PROBATION OFFICER FEES: $ 340.00 DAN RICHARD BETO, ADULT-PROBATION OFFICER FEES: $ B. H. DEWEY, JUSTICE OF PEACE,PRECINCT 4, PLACE 1: Constable Fees 1.26000 Small aims Fees 105.00 Civil Fees 140.00 CC-rfminal Justice Fees E-0-E-nTorcement Education fund Misce aneous A /J - 6.00 - Interest 3.62 9.62 TOTAL CAROLYN M.HENSARLING,JUSTICE OF PEACE,PRECINCT 4,PLACE 2: Fines $ 27,810.56 Constable Fees 291.00 3 er a Fees 41.1.50 CrimInal justice Fees 2-47s-nn Law Enforcement ucat on Fund 4qr;-()fl Miscellaneous -Criminal Victims Fees ~ '7c;n_nn TOTAL MICHAEL B. CALLIHAM,JUSTICE OF PEACE,PRECINCT 7,PLACE 1: Constable Fees Pct.gK 3 - 40.00 Pct./ - 1,821.55 1,861.55 osx TAMU rres 7e-es 63.00 i Civil Fees Criminal Justice Fees Law n orcement uca Miscellaneous 3 TOTAL JUSTICE PEACE, i I I I i .UU Interest zi. HUGH LINDSAY,JUSTICE OF PEACE,PRECINCT 7,PLACE 2: TAMU Arrest Fee - 45.00 - DPS Arrest Fee - 42. UU 87.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2 VoLiLPAGE 31 voiZ~ AGE g r s ~t " ~ 1 1 ~ } MARY C. HORN, JUSTICE OF PEACE, 'PRECINCT 2: Fines $ 7,-4 -7 -4 91Constable eespct,3 - 57.0.0 Pct.7_-__$14.00 21.00 Criminal Justice Fees Law En rcement Education Fund isce aneous V s t m of C~ r'ye' - X25 00 DPS Arrest Fees - Ino 00 525 00 } i i 11 1 1 1 i I } f t s ; } I } i i TOTAL JUSTICE OF PEACE, PRECINCT 2 8,581.80 TOM LYONS, JUSTICE OF PEACE, PRECINCT 1: Fines 1,563.50 mac. DPS Arrest Fees Criminal Justice Fees Law Enforcement Education Fund isce aneous Victim of Crime 12.50 - Int. 6.05 TOTAL J-U-STICE OF 18.77 , R 1,906.05 RAY TRUELOVE, JUSTICE OF PEACE, PRECINCT 3: Fines 402.00 eax Sheri Fee 3.00 Criminal Justice Fees 35.00 Law Enforcement Education Fund Miscellaneous c/c - 7.00 Int. - 1.45 - ies Fee 1 _ ~lic tir: Crime -17. TOTAL JUSTICE OF PEACE, PRECINCT 92.50 SAM FACHORN, CONSTABLE, PRECINCT - Serving Fees $ is-i_ar, BRAZOS CENTER FEES: JEFF BROWN, COUNTY ATTORNEY: Hot Check Fees $ BILL TURNER XR4~)jj$X9XxZnM DISTRICT ATTORNEY: Hot Check Fees $ 30.00 GERALD L. WINN, TAX ASSESSOR/COLLECTOR: Ad Valorem .9283,665.37 ees Miscellaneous TOTAL TAX ASSESSOR/COLLECTOR Y 1 ' , I 1 t K I i ' 1 1 VOLEZPAGE-1-03, The Court next considered the follbwing Claims as submitted by :he County Treasurer for payment: 10 - General Fund-------------------------Claims Claims Claims Claims Claims Claims 30 - Capital Projects & Improvements: Proposition I------------------Claims '27375 thru 27379 Claims thru • Claims thru Proposition II------------------Claims thru Claims thru 42 - Revenue Sharing-----------------------Claims 77r•-AnI thru 7603 Claims thru 93 - Sesquicentennial---------------------- Claims 27441 thru 27444 Claims thru 47 - Law Library---------------------------Claims thru )7600 Claims thru 55 - Foster Care---------------------------- Claims 27650 thru 27691 90 - Community Resources Officer-----------Claims 97432 thru 27435 Claims thru Claims thru 91 - Juvenile Commission Grant-------------Claims 27436 thru 27440 Claims thru 25 - Capital Improvement Debt Service------Claims thru Claims thru 26 - Road & Bridge Debt Serivice------------ Claims thru Claims thru 31 - State Lateral Road--------------------Claims thru 54 - Health Department----------------------- Claims 27635 thru 27649 Claims _ 27420 thru 27430 32 - R-O-W Equipment & Improvement---------Claims thru Claims thru 33 - FM and Lateral Road-------------------Claims thru Claims thru 43 - Oil and Gas Fund----------------------Claims thru Claims thru 45 - Omnibus Crime Control Fund------------Claims thru Claims thru 92 - Council on Arts Grant-----------------Claims thru Claims thru 22 - Road and Bridge No. II - Pct. 1-------Claims thru Claims thru _ Pct. 2-------Claims thru • Claims thru Pct. 3-------Claims thru Claims thru P 4 C1 i h 27460 thru 27596 thru ~-73?S thru )-,-436 _ 223'Ia thru thru ct. - - - - - - - a ms t A. %A 20 - Road and Bridge - Shop----------------Claims 976gR thru 27772 Claims 2 -LAA thru 77448 Claims thru Claims thru Pct. 1--------------Claims g.~;,3,~thru ~5g4 Claims 277-23--thru~5yT74' Claims 27781 thru Claims thru Pct. 2--------------Claims 774S5 thru 27457 Claims 7777s thru 77Rn3 Claims (omit thru 27781) Claims thru Pct. 3--------------Claims 27804 thru 27837 Claims 274 sg thru Claims thru Claims thru Pct. 4--------------Claims 2745q thru Claims ,)78'48 thru 77870 Claims thru Claims thru On motion by Commissioner Beard seconded by Comm ssio r Turner the Court voted unanimously to approve the Claims as submitted. VOMP'AGE, L. + , tR L {~pp 1• i r ~I v I I l CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS § § COUNTY OF BRAZOS § THIS CONTRACT is made and entered into by and between the COUNTY OF BRAZOS acting herein by and through its governing body, hereinafter called First Party, and Gates Steen, Attorney at Law, 3001 North Lamar Boulevard, Austin, Texas 78705, here- inafter styled Second Party. 1. First Party agrees to employ and does hereby employ Second Party to en- force by suit or otherwise the collection of all delinquent taxes, penalty and in- terest owing to the County of Brazos , which said taxes, penalty and interest are collected through the offices of First Party's tax assessor and collector. It is provided that current year taxes falling delinquent within the period of this con- tract shall become subject to its terms on the first day of July of the year in which same become delinquent by law. I~. Secon& Party is to call to the attention of the collector or other offi- cials any errors, double assessment or other discrepancies coming under his obser- vation during the progress of the work, and is to intervene on behalf of First Party in suits for taxes hereafter filed by any taxing unit on property located within the corporate limits of the County of Brazos. First Party agrees to pay to Second Party as compensation for the services required hereunder fifteen (15) percent of the amount collected of all delinquent taxes, penalty and interest of the years covered by this contract, actually col- lected and paid to the collector of taxes during the term of this contract, as and when collected. All compensation above provided for shall become the property of Second Party at the time payment of the taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. III. This contract is drawn to cover the period beginning January 1, 1985, and ending December 31, 1986, provided however that Second Party shall have an additional - ~1 V0LJLPAGE965_ 1 11 1 a six months to reduce to judgment all suits filed prior to the date last mentioned, and provided further that Second Party shall handle to conclusion all suits in which trial court judgments are obtained during the period of this contract and which are appealed by any party. This contract will continue in full force and ef- fect after the expiration date by its own terms unless First Party notifies Second Party that it does not wish to renew and continue the agreement. In consideration of the terms and compensation herein stated. Second Party hereby accepts said em- ployment and undertakes the performance of this contract as above written. This contract is executed on behalf of First Party by the presiding of- ficer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. WITNESS the signatures of all parties hereto in duplicate originals this I the day of 7 19Jo. COUNTY OF BRAZOS, First Party By / r County Jud e Gates Steen. Second Party ~.t^., (2 Gates Steen ATTEST: ~4/Le County Clerk VOL A PAGE 30o 4~ RESOUMON AND ORDER On this the 10TH _ day of DECEMBER 19 84 . at a -REGULAR meeting of the Commissioners' Court of BRAZOS County. Texas, there came on for consideration the making of a contract for the collection of delinquent taxes, and motion was made by BILLY BEARD County Commissioner of Precinct No. 3 seconded by WALTER WILCOX County Commissioner of Precinct No. 2 said Commissioners' Court in be- half of'said County do make and enter into a contract with Gates Steen a licensed attorney. for the latter to collect delinquent taxes in said County for 15 % of the amount of taxes. penalty and interest collected, said contract to end on the 31st day of December 1986 . with six months thereafter to complete pending suits. Said motion being put to vote, it carried by a vote of 5 to 0 Those voting "Aye" were: l I( i 1 COMMISSIONER BILL COOLEY COMMISSIONER WALTER WILCOX COMMISSIONER BILLY BEARD COMMISSIONER MILTON TURNER Those voting "No" were: (BONE .r ~ 1 V6-L-R.PAGE, Sul p It is therefore ordered that said contract be prepared and exe- cuted, and recorded in the minutes of this Court. ~i / County Jud ounty Commiss ner • Precinct N 1 Z County Commissioner Precinct No. 2 Co ty Commissioner 6,2-ecinct No. 3 County Commissioner, Precinct No. 4 THE STATE OF TVAAS COUNTY OF BRAZOS i 4 I. the undersigned. County Clerk of Brazos County. Texas, do hereby certify that the above and foregoing is a true and correct copy of a certain Resolution and Order, of the Commissioners' Court. ' of record in Volume . Page , of the Minutes of said Court. Witness my official hand and seal this day of o 19 84. r d County Clerk . i . I r ~N\ r Brazos County. Texas ]4 t I . F u1Q v A t ,y I~ i Yl 1 1 • f BRAZOS COUNTY, TEXAS r ~ • BUDGET AMENDMENT FOR THE 1984 BUDGET YEAR No. ' On this the 100-day of December 19_84 , at a Regular session:of COmmissioners Court the o lowing members were present: a R. J. HOLMGREEN , County Judge BILL J OOLEY , Commissioner, Precinct 1 WALTER WILCOX , Commissioner, Precinct 2 BILLY E. BEARD Commissioner, Precinct 3 MILTON TURNER , Commissioner, Precinct 4 i FRANK BORISKIE County Clerk The following proceedings were held: THAT WHEREAS, on December 10 19 84 , the Court heard and approved a budget amendment or L e 12.84-Tiudget year for ',razos County, Texas. WHEREAS, an emergency expenditure is necessary, due to grave public necessity to meet unusual and unforseen conditions which could not 83 be reasonably included in the original budget adopted the following amendment (s) to the original are hereby authc,Tze l t c I r , i I i ~A ! h Y I' SEE ATTACJED 7 PAGES THE C ISSIONERS' COURT OF BRAZOS COUNTY, TEXAS t BY „ County Judge ' I Original - County Clerk's O ffice to be attached to original budget Copy - County Auditor's Office Copy - County Treasurer 's Office Copy - Commis sioners' C ourt Minutes Copy - Budget Amendment File I I ~ a r~--., aL.h , •w r 1 ww•w...d, • ..q.•w,r . VoLf-PAGE 5V( Increase Account Department Reason (Decrease) 10-11-5122 County Clerk Increase in Group Ins.......... 30 Group Insurance 10-11-5210 30 ) Office Supplies No increase to budget 10-12-5530 V A Service Off. Increase of travel.......... 50 Travel Expense 10-12-6210 ( 50) Off. Furn/Equip No increase to budget 10-16-5122 85th Dist. Court Group Ins. 200 - 10-16-5123 Worker's Comp. 50) 10-16-5124 It Unemp. Ins. 180) 10-16-5412 of Rep/Main Equip 650 10-16-5510 " Conf./Member 870) 10-16-5514 it Visiting Judge 250 10-16-5515 to Visiting Ct. Rep. 600) 10-16-5521 of Law Library 600 , No increase to budget 10-17-5122 272nd Dist. Court Group Ins. 285 10-17-5123 of Worker's Comp ( 50) 10-17-5124 " Unemp. Ins. ( 180) 10-17-5514 " Visit Judge ( 565) 10-17-5521 " Law Library 510 No increase to budget 10-19-5122 District Clerk Group Ins. 415 10-19-5123 " Worker's Comp. 104) { 10-19-5124 ' Unemp. Ins. 480) 10-19-5210 00 ' Offiqe Supplies 231) S 10-19-5412 Rep/Main. Equip 400 M No increase-to budget **********************************#*wwww I~ VOL R~ PAGE' ~b_ ` ~ L c ,t i; Budget Amendment, Continued... ' Account Department Reason Increase (pecrease) f 10-18-5118 Court Admin. Extra Help 1,060 j 10-18-5122 to ' r Group Ins. 50 10-18-5123 ' Workers Comp ( 118) 10-18-5511 " i Print/Film ( 3,973) j 10-18-5513 " r' Juror Exp. 1,500 10-18-5618 " Ct. Appt. Atty 29000 + 10-18-5619 " I F Data Serv. 641 { 10-18-5620 " Psychiatric Eval 1,340 ! 10-18-6210 ' Furn/Equip 500) Increase to budget - $29,000 for Ct• Appt. Atty 10-22-5122 District Attorney Group Ins. 600 r ' I 10-22-5123, . Workers Comp 10-22-5530 it 257) Travel Exp. 00 5 + 10-22-5661 Autopsies 3,100) , 10-22-6210 • Off. Furn/Equip 1,943) 10-22-5210 " { Office Supplies 2,800) s + 10-22-5415 Gas,Oil,Lub 1,600) 10-22-5510 " Con£./Memb. 200 J f 10-22-5513, " Juror Exp. 300 10-22-5617 " 1 Ct. Cost/Other Ev . , 5,000 Decrease to budget - $3,#00 transferred to JP budget ; i 10-25-5118 County Treasurer I Extra Help ( 345)- 10-25-5122 to Group Ins. 345 No increase to budget i , 1 VOL9- PAGE 3rr~ J 0 Budget Amendment, Continued... Increase Account Department' (Decrease) 10-26-5115 Tax Office Sec./Clerical Help 11,581) 10-26-5118 if Extra Help 1,100 10-26-5123 " Workers Comp. 254) 10-26-5124 to Unemp. Comp 700 10-26-5210 " Office Supplies 3.000 10-26-5571 Is I Deliquent Tax Roll 6,700 10-26-5615 It Equip/Rent/Leas e 335 No increase to budget 10-27-5112 Data Processing Other Salaries 4,496 10-27-5119 " Part Time Help ( 4,496) 10-27-5122 " Group Ins. 300 10-27-5123 " Workers Comp. ( 65) 10-27-5124 " Unemp. Ins. 150) 10-27-5518 " Other Misc. 300 10-27-5530 " Travel Exp. 200 10-27-6210 " Office Furn/Equip ( 585) No incr ease to budget 10-31-5212 Sheriff's Dept.' Food Items ( 6,500) 10-31-5213 of Clothing & Unif. 2,000 10-31-5413 " Rep/Maint/Equip 3,500 10-31-5518 " k Other/Misc. 1,000 No increase to budget 10-32-5123 Juvenile Probation Woerkers' Comp ( 6,650) 10-32-5517 Juvenile Exp. 200 10-32-5530 of Travel Exp. 1.200 10-32-5615 " Equip/Rent/Lease 250 10-32-5616 " Professional Services 3,000 10-32-5623 is Foster Care 2,000 N i t b d l F i i~ o ncrease o u get ~i G (L PAGES << - - - - - - r _1 ` Budget Amendments; Continued..: 5 t t ~ i u~ r - i .3 Account Departr►ent Increase Reason (Decrease) 10-35-5122 JP, Pct. 4,P1 1 Group Insurance 150 10-35-5123 " Workers Comp 38) 10-35-5124 Unemp. Ins. 60) 10-35-5210 Office Equip, - - - ( 52) No increase to budget **********~Y+rx~k*~I?~Irdes~e~t9t~kitir~r4r~YoY*~ft~t9t~tie4cdr~M1r+tArk 10-36-5123 JP, Pct. 4, P1 Workers Comp,_ ( 43) 10-36-5124 Unemp. Ins. ( 292) 10-36-5530 " Travel Ex 7- - - 1,000) 10-36-561 Ct. Cost/Other Ev._ 6,035 10-36-5210 ' Office Supplies 1,600) Increase to budget - $3 ,100 transferred from DA $2,935 increase 10-48-5122 County Agent Group Ins.--- _ 360 10-48-5123 " Workers Comp__ 84) 10-48-5124 " Unemp. Ins. 120) 10-48-5115 " Sec/Clerical- 156) No increase to budget ********************'Y****,rt,~**eY*rr:r,t,Y*~rir*** 10-70-5122 Maintenance Group Ins, 121 10-70-5123 " Workers' Comp.__ 5,893) 10-70-5310 Rep. Mat'1 Bldg/Grounds__ 6,650 10-70-5615 " Equip/Rent/Lease. 400 10-70-5614 Contract Labor- 1,278) No increase to budget *************************4r:tftdt4rx Y4t~teY4t~Y**** 10-13-5111 Civil Defense Adm. Asst. 89) 10-13-5123 Workers' Comp_ 90 10-13-5124 Unemp. Ins..- _ - - - - - ( 60) 10-13-5610 Telephone 140 No increase to budget *~Y~1r3t~Y~ric~Y~tAreY~Yit~Y~c~Y4eitlt9k~reYdtdtit4t~Y~e~edc~rir~eirir~Y*~" ~Y~YsY 10-24-5122 Auditor Group Ins - - - - - - - - - 302 10-24-5124 Unemp. Ins.- ( 240) 10-24-5510 Conf. /Memberships- 305) 10-24-5530 of Travel Exp. 240 10-24-5611 Ins/Bonds 3 No increase to budget *******************eY***~r*4r**,k~t*~YiroYx~tefteYiY~1r~Y f i ' 11 ^ • J ^ • ~ 1 ~ a VC)L_P_-PAGE r • ~ vi Budget Amendments, Continued..... Increase Account Department Reason (Decrease) 10-28-5118 Brazos Center Extra Help. ( 7,750) 10-28-5122 " Group Ins. 750 10-28-5612 " Utilities 7,000 No increase to budget 20-37-5122 JP Pct 7, P1 1 Group Ins. 150 20-37-6210 Office Furn/Equip ( 150) ***,~***,ti* No increase to budget ,ktlr,~r,k,1n~F,4,k,~e,~r~kh,k,tvk~IF,~c,t,~c,t,ti,lrxk,4~,,'e,Y~M,1r,ru,Y,Y,t,k4n~MiAr1~r 10-38-5118 JP Pct. 7, P1 2 , Extra Help _ _ ( 200) 10-38-5122 " _ _ Group Ins. 150 10-38-5123 " Workers Comp_ ( 38) 10-38-5124 - Unemp. Ins. 60) 10-38-5210 Office Supplies 148 10-38-5510 Conf/Memberships ( 400) 10-38-5611 Ins/Bonds 19 10-38-6210 Off. Furn/Equip 381 No increase to budget 10-39-5122 JP, Pct. 1 Group Ins. 80 10-39-5530 Travel Exp. 400 10-39-6210 Off. Furn/Equip 480) No increase to budget ` 10-55-5123 Constable, Pct. 4 Worker's Comp_ 200) 10-55-5615 Equip/rent/leasQ 200 No increase to budget 4,tt,~r,1r,4,1r,4,U,~r,Y,IkiI~t,Ik,Ve 10-57-5122 Constable, Pct. 1 Group Ins 61 10-57-5123 Workers Comp - 23 " 10-57-5611 Ins /Bonds 22 ' 10-57-6210 + Off. Furn/Equip_,_ 106) ' *****+ti** No increase to budget 10-83-5122 JP, Pct. 3 ~ Group Ins.- 58 " 10-83-5510 i Conf/Memberships 58) ******,x* No increase to budget -PAGE3A 1 1 , , s; / Budget Amendments, Continued.:... a. Increase Account Department 4! , (Decrease) r 10-84-5123 Constable Pct. 2 Workers' Comp.."- y ~ 23 w ~ 20-54-6210 Office Furn/Equip- 23) No increase to budget r *'k'Y*'k'h***fl**'Y'Y'Y'k'M1r+4'Y~Ir+YdIr+Y~Y~Y~inkoY+'•~Y~Y~Y~Y~F+F~Y~lr ` 10-85-5122 Constable, Pct. 3 Group Ins.-- _ 70 10-85-5123 Workers' Comp_ 23 10-85-5411 Rep. /Maint / Equip_-_ 9 10-85-5412 Rep./Manit/Off, Equip ` " 50) 1 t r i E I , 10-85-5510 Conf/Memberships- 100) 10-85-5518 " Other/Misc _ _ _ 176 10-85-5529 " Out Co. Travel- - 63) - ' 10-85-5531 Firearms Readiness„ 5 Increase to budget $70 for Group Insurance *****dr'Yek,YeY***'Y''r'Y'Y****oY 10-86-5122 Constable, Pct. 5 Group Insurance.- 60 10-86-5123 Workers Comp_ 23 10-86-5411 Rep/Main/Equip 90 10-86-5412 Rep/Main/Off. Equip-. 50) 10-86-5529 Out of County Travel- 63) Increase to budget $60 for Group Insurance ~Y'Y*'Y*x'Yu'Y~Y'Y'Y'Y~'rx~Y~9r~Y~YeYeY 10-10-5124 County Judge Unemp. Comp 1,000) 10-10-5510 " Conf. Memberships 1,000 ***'Y****'~* No increase to budget 10-23-5123 Elections Workers Comp.. 123 10-23-5519 Voter Registration List- 2,000) '10-23-5520 Election Supplies and Workers__ 34,945 Increase to budget $34,715 ****'Y'ti**'Y~Y~YeYe'rsfr~Y~YeY~(t~Y~Y~Y~Y~'r~Yx~Y~Y~Y~Y~1r~'r~reY~Y~Ir 10-34-5117 Land Fill Labor 3,000 ' 10-34-5119 Part time labor.- ( 3,000) 10-34-5641 " Contractural Services 4,000 Increase to budget $4,000 ****''h**h******'Y*'h*''r'Y*~BrsYe4eY*~Y~Y~Y***eY*~ht i I , l 1 y 1 , ` y 1 7 V®L..PAGE 3is t Budget Amendments, Continued..... J Increase Account Department (Decrease) + 10-5b-5122 Constable, Pct. 7 Group Insurance 440 10-56-5123 " r Workers Comp 424) 10-56-5210 Office Supplies 400 10-56-5510 " Conf /Memberships 199 10-56-5529 Out Co. Travel 200) 10-56-5615 Equip/rent/lease, 65 10-56-6210 Off. Furn/Equip 40) Increase to budget $440 for Group Insurance **********~Y********* Total amount of increase to General Fund budget $71,220 *,Y******oY***********************it,Y************~Pr~ti+c~lr~t~Et~r~r4tdt~rllr~Ir~t~1n44r~Ar~Irit~lr4e~c~r~e~rvk~lr~rtf+t~k 26-61-7115 Road and Bridge Debt Service Agent Fees 100 26-61-5537 Interest 11.41 Increase to Road & Bridge Debt Serive $111.41 25-60-5537 Permanent Improvement Debt Service Interest 94.39 Increase to Permanent Improvement Fund $94.39 30-62-5537 Capital Projects & Improvements Interest- 246.46 ****~Y***** Increase to Capital Projects & Improvements $246.46 ***~Y******* 31-63-6230 State Lateral Road Fund Rd & Bridge Materials-- 14.67 31-63-5537 Interes t _ 124.27 Increase to State Lateral Road Fund $128.94 *►Y~4*~YtY~r4t~M~Y~YiM~Y~Y*~rrlrtM~Arrlr 93-89-5518 Sesquicentennial Commission Miscellaneous._ 1,000) 93-89-5530 Travel - 1,000 No increase to budget ****************************1keY************* VOER PAGE Me, i { - T •------~-~.i _ - a F ! G I r f ~ u k S ` ~y s i a 1 i RESOLUTION APPROVING THE REORGANIZATION OF BRAZOS COUNTY HOUSING FINANCE CORPORATION; APPROVING THE ARTICLES OF INCORPORATION THEREOF AND CERTAIN ARTICLES OF AMENDMENT; APPOINTING THE DIRECTORS THEREOF; AND 1 CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT 1 WHEREAS, the Texas Housing Finance Corporations Act, Article 12691-7, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), authorizes the creation and organiza- tion of public non-profit housing finance corporations to act as duly constituted authorities of counties to provide a means of financing the costs of residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income at prices they can afford; and WHEREAS, the Act authorizes such public non-profit housing finance corporations to issue revenue obligations and to utilize the proceeds from the sale of such obliga- tions to make or acquire mortgage loans on homes owned and occupied by persons of low and moderate income, and to provide financing for residential developments intended to be occupied substantially (at least 90 percent) by persons of low and moderate income, and WHEREAS, the Act further authorizes counties to create and utilize such public non-profit housing finance corpora- tions to accomplish such public purposes; and WHEREAS, the Brazos County Housing Finance Corporation (the "Corporation") has been created heretofore pursuant to the Act to carry out housing finance activities authorized by the Act within the territorial limits of Brazos County, Texas (the "County"), and WHEREAS, three (3) persons, each of whom is at least eighteen (18) years of age, a citizen of the State of Texas and a resident of the County, have filed with the governing body (the "Governing Body") of the County a written application pursuant to the Act (the "Application") requesting that the Governing Body of the County approve the reorganization of the Corporation to permit it to carry out housing finance activities authorized by the Act within the territorial limits of the County and all other local governmental units within the Brazos Valley state planning region the governing bodies of which grant such approval, that the Governing Body of the County approve the Articles -3- 3 i i I , e _ o f of Incorporation of the Corporation and certain proposed Articles of Amendment, and that the Governing Body of the County appoint certain persons as members of the Board of Directors of the Corporation, and WHEREAS, in order to promote and carry out the public purposes set forth in the Act, the Governing Body of the County has determined to grant the requests contained in the Application by approving the reorganization of the Corpora- tion and by taking certain related actions set forth more fully hereinafter; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF BRAZOS COUNTY, TEXAS. Section 1. That the Governing Body of the County hereby finds, determines, recites and declares that it is wise, expedient, necessary and advisable that the Corpo- ration be reorganized, that the reorganization of the Corporation under the Act as a duly constituted authority of the County and all other local governmental units in the Brazos Valley state planning region the governing bodies of which grant such approval is hereby approved and that the Corporation is hereby authorized to act on behalf of the County and such other local governmental units for the limited and purely public purposes of financing the costs of residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income in the County and such other local governmental units at prices they can afford. Section 2. That the Governing Body of the County hereby approves the Articles of Incorporation of the Corpo- ration in the form attached hereto as Exhibit "A" and the proposed Articles of Amendment in substantially the form attached hereto as Exhibit "B" and authorizes the execution and filing of such Articles of Amendment with the Secretary of State of the State of Texas in the manner provided in the Act. Section 3. That the Governing Body of the County hereby appoints Richard J. Holmgreen, Walter Wilcox and Milton Turner (each of whom is at least eighteen (18) years of age, a citizen of the State of Texas and a resident of one of the sponsoring local governmental units referred to in the Articles of Amendment to the Articles of i ~I ' -4- VOLR PAGE _ -.,....s~.t Yi~R"~sic `•-C _ V - . _ "'.,_y.~~3P,ar..-r.+'.i -++~:~-~^---•-F7tiw,,•3'i~-C Jam.. a~✓ i 1 ' n q. r r~... rl • i , - r +,...q•n~r-.+-+r..-n.. r~-.fTF~L_.. ~v\ ~ 1 1 , 1 1 1 A L r r M t i 1 ! l r h, 4 i' t t rI J j I , I - r \ f Incorporation of the Corporation) to serve as the members of the Board of Directors of the Corporation. Section 4. That the Governing Body of the County hereby finds, determines, recites and declares that the creation and organization of the Corporation will serve a valid public purpose by assisting persons of low and moderate income in the County to obtain decent, safe and sanitary housing, thereby helping to eliminate slums and blighted areas, to relieve unemployment and depressed economic conditions in the residential construction industry, to expand the tax base of the State of Texas, the County and other political subdivisions, and to reduce public expenditures for crime prevention and control, public health, welfare and safety and for other public purposes. Section 5. That the Governing Body of the County hereby finds, determines, recites and declares that, not- withstanding that the Corporation shall be a duly constituted authority of the County and other local governmental units, it is not intended to be nor shall it ever be deemed to be a political subdivision or municipal or political corporation of the State of Texas within the meaning of any Constitutional or statutory provision, including without limitation, Article III, Section 52 and Article XI, Section 3 of the Texas Constitution. Section 6. That the Governing Body of the County hereby finds, determines, recites and declares that the obligations of the Corporation shall not be deemed an indebtedness, liability, general, special or moral obliga- tion or pledge or loan of the faith or credit or taxing power of the State of Texas, the County or any other politi- cal subdivision or governmental unit, nor shall such obliga- tions constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, or an agreement, obligation or indebtedness of the County or the State of Texas within the meaning of any constitutional or statutory provision whatsoever. Section 7. That the Governing Body of the County hereby finds, determines, recites and declares that it is the purpose, intent and desire of the County in approving the creation of the Corporation and its Articles of Incorpo- ration, that such actions comply with the requirements of the Internal Revenue Code of 1954, as amended, and the Treasury Regulations and Internal Revenue Service rulings -5- VOL P-PAGE I~~ 0 t promulgated thereunder, including, without limitation, Section 1.103-1 of the Treasury Regulations and the Regu- lations issued pursuant thereto, to the end that the Corpo- ration shall be deemed to be a constituted authority acting on behalf of the County and the other sponsoring local governmental units pursuant to the Act and that any bonds or notes issued by the Corporation shall be considered issued on behalf of the County and such other local governmental units by a duly constituted authority of the County and such other local governmental units empowered to issue such bonds or notes. Section 8 That, as required by the Act, the County shall not permit the existence of more than one housing finance corporation acting on the County's behalf that has the power to make or acquire home mortgages, or to make loans to lending institutions, the proceeds of which will be used to make home mortgages or to make loans on residential development. Section 9. That the Governing Body of the County has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, place, and hour of this meeting and of the subject of this resolution was- - posted for at least seventy-two (72) hours before this meeting was convened; that such notice was posted on a bulletin board located at a place convenient to the general public in the County Courthouse of the County; that such place was readily accessible to the general public at all times from the time of each such posting until this meeting was convened; and that this meeting has been open to the public at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon; all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. The Governing Body of the County further ratifies, approves and confirms such written notice and the contents and posting thereof. r i I 4 VFr®{pAGIE0 -6- ~I It ~ ' l 1 G Y a ~~;rr r 7 S J ~ f PASSED AND APPROVED THIS 10th day of December, 1984. ounty Judge ATTEST: r~ County Clerk r (SEAL) { r f f ~ } a ~ .rt r 1 e a t ~F f 1 . 1 t f tl C f~ ~I i { ~t t i E f t VOL-LPAGE 21 „f , i n 1 r THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL . r 5 ' . I ' t x' ~ r t / t r \ r1~. ` rti •h • ' ~ , 1 ~ r r r F . i • r EXHIBIT A the %talc of texas ~ cccctarn of ~ tntc C ERTIC TC ATF Oc T•Il`noP ORATION i ne 3RA171 C01I4TY 4MIOT14r, ClNANrE cvROnRATICN CNAoTFo 4114RCO 512126 i 4 1 THE tfVnc.oSTGNEfi• %S SCCQETAov nc STATE nF THE STATE OF TEWASP t HECEBY CfoTIFTcS THAT ARTICLES Oc TNCORPOPATTON FOR THE AROVF ✓ i CORPORATIMP WILY 1I64E1 Ayn Vr.RTFTFf) HAVE PEEN RECEIVED IN THTS P)FF ICE AND ARE FnU40 TO "OVFOPM Tf) 1 AW. r ACCnPOWLY THE UNDFOSTRNFlP Alt 111CH SFCRETAPY OF STATE# ANq IT ' VIRTUE 09 THE 41IT4no1TY VFSTFr1 IV NTM RV LAYP HFoEBY ISSUES TMIS CERTIFICATE 1F T4CnoonRATTn4 ANA ATTACHES HERETn A COPY OF THE t ARTICLES rf: I4:029e13RATT340 r , DATED "AR. 159 1010 ~ a t "'w• Secretary of State 1 ' OEM VoLe.. PACE s, r~ 41 t \ I 1 C' r f p1 C~ r ~ e v a `t } y J K 1 1•L h { r, AIL i, r t' t Yf 111 11 rt tll ~ nl • lie ARTICLES OF INCORPORATION 1+1 1 or BRAZOS COUNTY HOUSING FINANCE CORPORA J Y t r „r f .r . s 1 1 THE STATE OF TEXAS ) COUNTY OF BRAZOS ) WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of Brazos County, Texas, acting as incorporators of a public instrumentality and nonprofit housing finance corporation (the "Corporation") under the "Texas Housing Finance Corporations Act of 1979", Article 1269(1-7), Vernon's Texas Civil Statutes, with the approval of the governing body of Brazos County, Texas, as evidenced by the Resolution attached hereto and made a part hereof for all purposes. do hereby adopt the following Articles of Incorpora- tion for the Corporation. ARTICLE ONE The name of the Corporation is Brazos County Housing Finance Corporation. ARTICLE TWO The Corporation is a nonprofit corporation, and is a housing finance corporation under the Texas Housing Finance Corporations Act of 1979. ARTICLE THREE The period of duration of the Corporation is perpetual. ARTICLE FOUR I I The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of and to act on behalf of, Brazos County, Texas, and the specific purposes for which the Corporation is organized - and may issue bonds on behalf of Brazos County, Texas, for the promotion and development of decent, safe and sanitary housing for residents of Brazos County and to promote and encourage employment and the public welfare, pursuant to the Texas Housing Finance Corporations Act of 1979. The Corporation is a constituted authority and a public instru- mentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to the applicable section of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of Brazos County, Texas, as provided in these Articles of Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texab within the meaning of its constitution and laws, including without limitation Article III, Section S2, of said constitution, and no agreements. bonds. debts, or obligations of the Corporation are or shall ever be deened , to be the agreements, bonds, debts. or obligations, or the lending of credit, or a grant of public money or thing of value, of or by Brazos County, Texas, or nny other political corporation, subdivision, or agency of the State of Texas. or a pledge of the faith anti credit of any of them. f ' l OCLPAG E 3a~ } \ ~ yr-i~'--~l~vy, Y „ `w v; T~..~ _ _ •w w rr Cu . ~ ~•~+n . 1 _ . _y = ~ v . _ ,4 , , ( l ..1• ~ I 1~1~V Vt~~wr. wr•rC ~,7 vh , l •1 f• t,'. ` 1 + 31 1 1 . d; VOLT PACE. S ARTICLE FIVE o The Corporation has no members and is a nonstock corporation. M d 5 1 ARTICLE SIX MM These articles of incorporation may at any tine and from time to time be amended as provided in the Texas Housing Finance Corporations Act of 1979 so as to make any changes therein and add any provisions thereto which night have been included in the Articles of Incorporation in the first instance. Any such amendment shall be effected in either of the follow- ing manners, (i) the members of the board of directors of the Corporation shall file with the governing body of Brazos County, Texas, a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made, such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is advisable that the proposed amendments be made and shall approve the forn of the proposed amendments, then the board of directors of the Corporation nay amend the Articles of Incorporation by adopting such amendments at a meeting of the board of directors and delivering articles of amendment to the Secretary of State, or (ii) the governing body of Brazos County, Texas, may, at its sole discretion, and at any time, amend these Articles of Incorporation, and alter or change the structure, organization, prograns, or activities of the Corporation or terminate or dissolve the Corporation (subject to the provisions of the Texas Housing Finance Corporations Act of 1979, and subject to any limita- tion provided by the constitution and la%s of the State of Texas and the United States of America on the impairment of contracts entered into by the Corporation) by written resolution adopting the amendment to the Articles of Incor- poration of the Corporation or articles of dissolution at a meeting of the governing body of Brazos County, Texas. and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Texas Housing Finance Corporations Act of 1979. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Texas Housing Finance Corporations Act of 1979. ARTICLE SEVEN The street address of the initial registered office of the Corporation is Brazos County Courthouse, 26th Street, Bryan, Texas 77801, and the name of its initial registered agent at such address is Richard J. Holmgreen. ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of Brazos County, Texas. The number of directors constituting the initial board of directors is three (3) but said governing body shall have authority to appoint an additional four (4) directors. The names and street addresses of the persona who arc to serve as the initial directors, and the dates of expiration of their initial terms as directors, are as follows: 0 .2. kp~ } + i t e k h d 1ti ,d S 14 a Fr S(j r LJ f. JJ~ {y t , i r i 1Y , y ~ r i , z , E II f p r • , j ,i r Lr , 7; s . , ~r , t ,y a D,\Tr c EXPIR.\TION OF NAMES ADDR~ tSSES Tf T,%9 Richard J. Holmgreen 717 East 31st Street March 1, 119S2 Bryan, Texas 77801 W. A. Stasny 1102 West 26th Street March 1, 1982 Bryan, Texas 77801 Walter Wilcox Route 2, Box 198 March 1, 1982 Bryan, Texas 77801 Each of the initial directors resides within Brazos County, Texas. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the governing body of Brazos County, Texas, for cause or at will, and must not be appointed for a term in excess of six years. The directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors throuch death, resignation, or otherwise, shall be filled by appointment by the governing body of Brazos County, Texas, to hold office until the expiration of the tern for which the vacating. director had been appointed, ARTICLE NINE The name and street address of each incorporator is: NAME ADDRESSES William S. Thornton 3115 Camelot, Bryan, Texas 77801 John M. Lawrence III S00 Crescent, Bryan, Texas 77801 Jay Don Watson 609 Bob White, Bryan, Texas 77801 ARTICLE TEN The Commissioners Court of Brazos County, Texas, has specifically authorized the Corporation by Resolution to act on behalf of Brazos County, Texas, to further the public pur- poses stated in said Resolution and these Articles of Incorporation, and the Commissioners Court of Brazos County, Texas, has by said Resolution approved these Articles of Incorporation. The Corporation's internal affairs shall be regulated by a set of Bylaws, not inconsistent with the laws of the State of Texas, which also have been approved by said Resolution. ARTICLE ELEVEN No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corporation, or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to Brazos County, Texas, No part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation. and it shall no• participate in, or intervene in (including • the publishing r distributing of statements), any political w campaign on be *If of or in opposition to any candidate for public office. ° • -se Vol a PAGE mss" 1i f~ rt i r~ I ARTICLE TWELVE If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or prop- erty of any kind, real, per%onal, or nixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to Brazos County, Texas, after satisfaction or provision for , satisfaction of debts and claims. IN WITNESS WHEREOF, we have hereunto set our hands. this _17th_ day of March. 1980.' XI S. ITTORNTON THE STATE OF TEXAS ) COUNTY OF BRAZOS ) I, the undersigned, a Notary Public in and for the above County, do hereby certify that on this 17th day of March, 1980, personally appeared before me WILLII S. THORNTON, JOHN M. LAWRENCE III, and JAY DON WATSON. who, 1 each being by me first duly sworn, severally declared that i they are the persons who signed the foregoing document as incorporators, and that the statements therein contained are true. IN WITNESS UMEREOF.•I have hereunto set my hand and i seal the day and year above written. I ; otary u is an or 1 ' Brazos County. exas I My Commission Expires: .i . October 4, 1981 c i 0 i l .4. Y 4 a E, f ii tl C EXHIBIT "B" 0. , r; i r I ARTICLE OF AMENDMENT TO ARTICLES OF INCORPORATION OF BRAZOS COUNTY HOUSING FINANCE CORPORATION We, the undersigned, the County Judge and County Clerk of Brazos County, Texas, in accordance with the provisions of the Texas Housing Finance Corporations Act, Article 12691-7, Vernon's Texas Civil Statutes, as amended, do hereby adopt the following Articles of Amendment to the Articles of Incorporation of the Brazos County Housing Finance Corporation. AMENDMENT ARTICLE I The name of the corporation is Brazos County Housing Finance Corporation. AMENDMENT ARTICLE II A. Article Four of the Articles of Incorporation is hereby amended to read as follows: The Corporation is organized exclusively for the purposes of benefiting and accomplishing public pur- poses of and to act on behalf of each of the local governmental units named in Article III of these Articles of Amendment (the "Local Governmental Units"), and the specific purposes for which the Corporation is organized and may issue bonds on behalf of the Local Governmental Units, are the promotion and development of decent, safe and sanitary housing for residents of the Local Governmental Units and to promote and encourage employment and the public welfare, pursuant to the Texas Housing Finance Corporations Act. The Corporation is intended to be a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to the applicable i Vc)L 0A_ h section of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of the Local Governmental Units as provided in these Articles of Incorporation. However, the Corpora- tion is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52, of said constitution, and no agreements, bonds, debts, or obligations of the Corpo- ration are or shall ever be deemed to be the agree- ments, bonds, debts or obligations, or the lending of credit, or a grant of public money or thing of value, of or by any of the Local Governmental Units or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of the faith and credit of any of them. B. Article Six of the Articles of Incorporation is hereby amended to read as follows: These Articles of Incorporation may be amended at any time and from time to time by the board of direc- tors of the Corporation with the approval of the governing bodies of each of the Local Governmental Units or by written resolution of the governing bodies of each of the Local Governmental Units in their sole discretion, subject, however, to limitations on the impairment of contracts entered into by the Corpora- tion, all under and in accordance with the Texas Housing Finance Corporations Act. C. Article Eleven of the Articles of Incorporation is hereby amended to read as follows: No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors of officers or any individual, firm, corporation, or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the Local Govern- mental Units in such ratio as the board of directors may determine or, absent such a determination, in the ratio that each such Local Governmental Unit's VOLt .PAGE S -2- ti i 0 I i I r ti r [FC 1 e' yl r } r i I I population (based on the most recent decennial census) bears to the aggregate population of the Local Govern- mental Units. No part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. D. Article Twelve of the Articles of Incorporation is hereby amended to read as follows: If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be trans- ferred and delivered to the Local Governmental Units in such ratio as the board of directors may determine or, absent such a determination, in the ratio that each such Local Governmental Unit's population (based on the most recent decennial census) bears to the aggregate population of the Local Governmental Units, after satisfaction or provision for satisfaction of debts and claims. AMENDMENT ARTICLE III On December 10, 1984, the governing bodies of each of the following counties duly adopted a resolution approving the form of the Articles of Incorporation and of these Articles of Amendment and approving the reorganization of the Corporation in accordance with these Articles of Amend- ment: Burleson County, Brazos County, Grimes County, Leon County, Madison County, Robertson County and Washington County. }j t! I 1 .I I I I ( ~ sga r } 1 ' r 4 V t~L.~PAGE&43 } s 0 ~I i { Ij~l WITNESS REOF, we have hereunto set our hands this day of 198, b 9A , ~_v I L. e~ Ri hard . Holmgreen County Judge, Brazos County, Texas ATTEST: County Clerk Brazos County, Texas (SEAL) THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on this day personally appeared Richard J. Holmgreen, County Judge of Brazos County, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act of said corporation, and verified to me that the assertions therein are true and correct to the best of his knowledge and belief. ,,IVEN UNDER MY HAND AND SEAL OFFICE this ~I> day of , 1984. ~-1 Ae j?prrary Public inter e State of Texas . My Commission Expires: (SEAL) I 1 -4- l _I`_I ti r r i y, h u r E)K f, t 1 ~ t .i ;r I C s 6 i APPLICATION FOR APPROVAL OF THE•REORGANIZATION OF BRAZOS COUNTY HOUSING FINANCE CORPORATION THE STATE OF TEXAS § COUNTY OF BRAZOS § ■ TO THE GOVERNING BODY OF BRAZOS COUNTY, TEXAS : The undersigned (herein, the "Applicants"), acting pursuant to the provisions of Section 4 of the Texas Housing Finance Corporations Act, Article 12691-7, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), do hereby respectfully request the governing body (the "Governing Body") of Brazos County, Texas (the "County"), to approve and authorize the reorganization of Brazos County Housing Finance Corporation (the "Corporation"). In support of such request, the Applicants do hereby declare and represent as follows: (1) That each of the Applicants is at least eighteen (18) years of age, a citizen of the State of Texas and a resident of the County; (2) That the Corporation will be organized and operated solely for the public purpose of providing financing for residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income; (3) That the Corporation shall have and possess all powers conferred by the laws of the State of Texas on public non-profit corporations created under the Act; and (4) That the Corporation shall be authorized to exercise its powers within the territorial limits of the County and all other local governmental units within the Brazos Valley state planning region the governing bodies of which grant such approval. The Applicants hereby further request the Governing Body of the County to approve the articles of incorporation of the Corporation in the form attached hereto as Exhibit "A" (the "Articles of Incorporation") and the proposed articles of amendment to the Articles of Incorporation in 3~1-- 5 s 0 i 1 s it I; substantially the form attached hereto as Exhibit "B" (the "Articles of Amendment"). The Applicants hereby further request the Governing Body of the County to appoint Richard J. Holmgreen, Walter Wilcox and Milton Turner as tae members of the Board of Directors of the Corporation. WHEREFORE, the Applicants pray that this Application be properly filed with the Governing Body of the County; that the Governing Body of the County, by appropriate resolution duly adopted, find and determine that it is wise, expedient, necessary and advisable that the Corporation be reorganized; that the Governing Body of the County approve the Articles of Incorporation and the Articles of Amendment; and that the Governing Body of the County appoint the above-named persons as the members of the Board of Directors of the Corporation; all under and in accordance with the provisions of the Act. IN WITNESS WHEREOF, we have executed this Application on the 10th day of December, 2984. M , i 1 I ~ PAG7 -2- k,fpv~ O t THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL .t I f` w1•~`" ,y ti ~ wr I`• ate.=-~ ~ • _ i, Il i aCr ' ! !1 / s 7 T k I • r - ' Qe 5 1• r .1 t L~ r SSS\~ ~ ^M T fi 1 ~ r ! ~Y ! r t, ~ • r jirl EXHIBIT A l P 1 r . Y, ! c'~hc ~ trltr of ~cxtln a F , ccrctarr nf a tatr n t e 1 I s i Y :EQTtIt VP At C QC I%IPnv*CID A?ION r ' 'wl } s;; 3RATIt C0114Tr 4ntttl4G eTNANI-F CraenRATICN C4AeTEQ Nt9ygte 512126 ~ t e 1 7 y• ~ r ' T4F 114"ToSTG4!1%9 %S SeCOETAOe ne STATE nF THE STATE OF TSYAS, ;i 4EQEDr CEoTIFtet T4AT AR•ICLES Oe QIICOQPOeATTON FOR THE APOVR ' CORe0aAYlrVo 0I1V 11INF5 A41% VCRTsTFF) HAVE PEEN RECEIVED 14 TOTS nFF ICE 44D ARE FnU40 T7 AT41100a T7 F Av, i fr ACCnoD14'%lr T4C 1JyDteST~ve'1~ At tPC4 SRCRETAer OF STATE# A4) BY VIRTUE "e Tut; 401T4noITV VeSTe^ I4 11Tm nr LAW* HFQEDY ISSUES TWIS CERTIoItAtE '1R TyCnoe~oATTO~~ PII A•TACNFS HERF,TM A CCPT OF THE ARTICLES rR 14:nee^oATI'3%I, r DATED "AR• 159 1190 r ,r 1 l' ~A f ql y criterv o tat! ~'r 6 Y otv Sr `1~ II d y"I 40 w st r r r! 1 1 r a 1i , r . 1 VOL~LpAcr • 373, t r~ ' ~'f , 'I ; 'T~'~~" r l4•--^-~--^"s~,~r.~y--+... ~t . _ ~ . , ~!r-~ 1 ?'+---y~+~w~'""Tr.'.'.: Iti _ , r-rla- t- «_....r _ _ _ -r._ _ 1 Q 0 4 r r~ I I f r~) f ttli! . 'i Cf >1 f;y h~. ARTICLES or INCORPORATION 0 or BRA20S COUNTY FIC'JSI':G r1:;A.tiCE CORFORA , THE STATE OF TEXAS ) COUNTY OF BRAZOS ) WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of Brazos County, Texas, acting as incorporators of a public instrumentality and nonprofit housing finance corporation (the "Corporation") under the "Texas Housing Finance Corporations ,let of 1979", Article 1269(1-7). Vernon's Texas Civil Statutes, with the approval of the governing body of Brazos County, Texas, as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Articles of Incorpora- tion for the Corporation: ARTICLE ONE The name of the Corporation is Brazos County Housing i Finance Corporatinn. ARTICLE TWO The Corporation is a nonprofit corporation, and is a housing finance corporation under the Texas Housing Finance Corporations Act of 1979. ARTICLE THREE The period of duration of the Corporation is perpetual. ARTICLE FOUR The Corporation is organized exclusively for the purposes of benefiting and acconplishing public purposes of and to act on behalf of, Brazos County, Texas, and the specific purposes for which the Corporation is organized and may issue bonds on behalf of Brazos County, Texas, for the promotion and development of decent, safe and sanitary housing for residents of Brazos County and to promote and 3 encourage employment and the public welfare, pursuant to the Texas Housing Finance Corporations Act of 1979. The Corporation is a constituted authority and a public instru- mentality within the meaning of the regulations of the United States Treasury Department and the rulings of the s Internal Revenue Service prescribed and promulgated pursuant to the applicable section of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of Brazos County, Texas, as provided in these Articles of Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article 111, Section $2, of said constitution, and no agreements, bonds, debts. or ! obligations of the Corporation are Wr shall ever be deemed o to be the agreements, bonds, debts, or obligations, or the lending of credit, or a grant of public money or thing of value, of or by Brazos County, Texas, or any other political corporation, subdivision, or agency of the State of Texas* or a pledge of the faith and credit of any of them. D t Vro AGE 1 w ~r i .~r 5 r ♦ ti k' k r, h r 5 { i t . y ~t i s E L t { f i I ~ , 's r r r al ARTICLE FIFE The Corporation has no members and is a nonstock corroration. ARTICLE SIX These articles of incorporation may at any time and from time to time be amended as provided in the Texas Housing Finance Corporations Act of 1979 so as to make anv changes therein and add any r o~•isions thereto which miCht have been included in the Articles of Incorporation in the first instance. Any such amendment shall be effected in either of the follow- ing manners; (i) the members of the board of directors of the Corporation shall file with the governing body of Brazos County, Texas, a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments pronosed to be made, such governing body shall consider such application and, if it shall by appropriate resolution dulv find and determine that it is advisable that the proposed amendments be made and shall approve the form of the proposea amendments, then the board of directors of the Corporation may amend the Articles of Incorporation by adoptlnc such amendments at a neetznz of the board of directors and delivering articles of amendment to the Secretary of State, or (ii) the governing hody of Brazos County, Texas, nay, at its sole discretion, and at any time, amend these Articles of Incorporation, and alter or change the structure, organization, programs, or activities of the Corporation or terminate or aissolve the Corporation (subject to the provisions of the Texas Housinr Finance Corporations Act of 1979, and sub3cct to any linita- tion provided by the constitution and la%.s of the State of Texas and the United States of America on the inpairnent of contracts entered into by the Corporation) by urittcn resolution adopting the amendnent to the Articles of Incor- poration of the Corporation or articles of dissolution at a meeting of the governing body of Brazos County, Texas. and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Texas Housing Finance Corporations Act of 1979. Restated Articles of Incorporation nay be filed with the Secretary of State as provided in the Texas Housing Finance Corporations Act of 1979. ARTICLE SEVEN The street address of the initial registered office of the Corporation is Brazos County Courthouse, 26th Street, Bryan, Texas 77801, and the name of its initial registered agent at such address is Richard J. Hoingreen. ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of person- appointed by the governing body of Brazos County, Texas. The number of directors constituting the initial board of directors is three (3) but said governing body shall have authority to appoint an additional four (4) directors. The names and street addresses of the persons who are to serve as the initial directors, and the dates of expiration of their -initial terms as directors, are as follows: VOL...__PAGEL... t !Z7i.... ~w=_'~t~ rI NAMES Richard J. Holmgreen ADDRESSES 717 East 31st Street Bryan, Texas 77801 1102 West 26th Street Bryan. Texas 77801 VI... EXPIRATION OF T r Rv1 March 1. 1*952 Walter Wilcox Route 2. Box 198 March 1, 1982 Bryan, Texas 77801 Each of the initial directors resides within Brazos County, Texas. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the governing body of Brazos County, Texas, for cause or at will, and must not be appointed for a term in excess of six years. The directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors throueh death, resignation, or otherwise. shall be filled by appointment by the governing body of Brazos County, Texas, to hold office until the expiration of the tern for which the vacating director had been appointed. ARTICLE NINE The name and street address of each incorporator is: NAME ADDRESSES William S. Thornton 3115 Camelot, Bryan, Texas 77801 John M. Lawrence III S00 Crescent. Bryan, Texas 77E01 Jay Don Watson 609 Bob White, Bryan, Texas 77801 ARTICLE TEN The Commissioners Court of Brazos County, Texas, has specifically authorized the Corporation by Resolution to act on behalf of Brazos County, Texas, to further the public pur• poses stated in said Resolution and these Articles of Incorporation, and the Commissioners Court of Brazos County, Texas, has by said Resolution approved these Articles of Incorporation. The Corporation's internal affairs shall be regulated by a set of Bylaws, not inconsistent with the laws of the State of Texas, which also have been approved by said Resolution. ARTICLE ELEVEN No dividends shall ever be paid'by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual. firm, corporation, or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to Brazos County, Texas. No part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall ne• participate in. or intervene in (including 4 r S the publishing r distributing of statements), any political campaign on be alf of or in opposition to any candidate for public office. ' V6PAGF 3.~3. o 6, , r •3- `^M1na ~ +I . Oy i 1 1 ` f C , i {{{yCCC I I e~ ti ~ a ! 1 • f .ARTICLE TWELVE If the Corporaticn ever should be dissolved when it- has, or is entitled to, anv interest in any funds or prop- • :Y erty of any kind, real, personal. or rixed , such funds or 1 property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to Brazos County, Texas, after satisfaction or provision for satisfaction of debts and claims. IN WITNESS wmrREor. we have hereunto set our hands. F this 17th day of March 1980. , LL1,%1l nOn,"IT0 1 I % 1 /S G:. 3, LA_-- E. I II I INCORPORATORS THE STATE OF TEXAS ) COUNTY OF BRAZOS ) l ' I, the undersigned, a Notary Public in and for the above County, do hereby certify that on this 17th day of i' March, 1980, personally appeared before me M -IT.1 S. t THORNTON, JOIIN M. LAWRENCE III, and JAY DON WATSON, who, q each being by me first duly sworn, severally declared that ~i they are the persons who signed the foregoing document as incorporators, and that the statements therein contained ' are true. s` IN WITNESS WHEREOF,•I have hereunto set my hand and seal the day and year above written, = Notary Public an or Brazos County, eras ' My Commission Expires: = October d, 1981 4 y ~ J . C • 1 p1 ' , • r~ • O 046 b' 5 Cs . u 11/ 1 A~PAGE-3 , , r • f e O 0g 4 I~ , y !t Y E~ t~ ,r EXHIBIT "B" ARTICLE OF AMENDMENT f TO ARTICLES OF INCORPORATION OF BRAZOS COUNTY HOUSING FINANCE CORPORATION We, the undersigned, the County Judge and County Clerk of Brazos County, Texas, in accordance with the provisions of the Texas Housing Finance Corporations Act, Article 2691-7, Vernon's Texas Civil Statutes, as amended, do hereby adopt the following Articles of Amendment to the Articles of Incorporation of the Brazos 'County Housing Finance Corporation: ' AMENDMENT ARTICLE I The name of the corporation is Brazos County Housing Finance Corporation. AMENDMENT ARTICLE II A. Article Four of the Articles of Incorporation is hereby amended to read as follows: The Corporation is organized exclusively for the purposes of benefiting and accomplishing public pur- poses of and to act on behalf of each of the local governmental units named in Article III of these Articles of Amendment (the "Local Governmental Units"), and the specific purposes for which the Corporation is organized and may issue bonds on behalf of the Local Governmental Units, are the promotion and development of decent, safe and sanitary housing for residents of the Local Governmental Units and to promote and encourage employment and the public welfare, pursuant to the Texas Housing Finance Corporations Act. The Corporation is intended to be a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to the applicable n+ 0 Mb-CE-PAGE, 33 14 Ilk— j._ 1 FS ~r t ~ F S f L 1 . l TO 6 i i c~ i l section of the Internal Revenue Code of 1954, as amended, and the Corporation is authorized to act on behalf of the Local Governmental Units as provided in these Articles of Incorporation. However, the Corpora- tion is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52, of said constitution, and no agreements, bonds, debts, or obligations of the Corpo- ration are or shall ever be deemed to be the agree- ments, bonds, debts or obligations, or the lending of credit, or a grant of public money or thing of value, of or by any of the Local Governmental Units or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of the faith and credit of any of them. 8. Article Six of the Articles of Incorporation is hereby amended to read as follows: These Articles of Incorporation may be amended at any time and from time to time by the board of direc- tors of the Corporation with the approval of the governing bodies of each of the Local Governmental Units or by written resolution of the governing bodies of each of the Local Governmental Units in their sole discretion, subject, however, to limitations on the impairment of contracts entered into by the Corpora- tion, all under and in accordance with the Texas Housing Finance Corporations Act. C. Article Eleven of the Articles of Incorporation is hereby amended to read as follows: No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors of officers or any individual, firm, corporation, or association, except that in the event the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the Local Govern- mental Units in such ratio as the board of directors may determine or, absent such a determination, in the ratio that each such Local Governmental Unit's Y~ r -2- o~PAr i ~ ' J ~ _ o I ~ I ~ I y / population (based on the most recent decennial census) bears to the aggregate population of the Local Govern- mental Units. No part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. D. Article Twelve of the Articles of Incorporation is hereby amended to read as follows: If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be trans- ferred and delivered to the Local Governmental Units in such ratio as the board of directors may determine or, absent such a determination, in the ratio that each such Local Governmental Unit's population (based on the most recent decennial census) bears to the aggregate population of the Local Governmental Units, after satisfaction or provision for satisfaction of debts and claims. AMENDMENT ARTICLE III On December 10, 1984, the governing bodies of each of the following counties duly adopted a resolution approving the form of the Articles of Incorporation and of these Articles of Amendment and approving the reorganization of the Corporation in accordance with these Articles of Amend- ment: Burleson County, Brazos County, Grimes County, Leon County, Madison County, Robertson County and Washington County. -3- V0T%_PAGF_ '40 - - f i ~ eJ AI ~ r• cr r' , !I r ' ,7 , r~ ~ I , 4 V ti G t t I I I `7 I I I J ~ i , IN WITNESS REOF, we have hereunto set our hands this day of , 1981,". . Richard . Ho mgreen County Judge, Brazos County, Texas ATTEST: 6_~: _P N , County Clerk Bra-os County, Texas (SEAL) THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on this day personally appeared Richard J. Holmgreen, County Judge of Brazos County, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act of said corporation, and verified to me that the assertions therein are true and • correct to the best of his knowledge and belief VEN UNDER MY HAND AND SEAL OF OFFICE this 4 day of ~~a~~~~. 1984. No ry Public in and-or T State of Texas My Commission Expires: - (SEAL) -4- VO L PAGE I