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HomeMy WebLinkAbout1988-05-31-1000AM-Special~S • tY • • •r Y ~ 1 ji'+rrJ/~~ 1988 MAY 2 7 A!! 9: 32 BRAZOS COUNZTY ° r;''~~h1 ir;U~ L ;,~i. t• BRYAN. TEXAS AGENDA FOR COMMISSIONERS' COURT MEETING - TUESDAY, MAY 31, 1988, 10:00 A.M. 1. Acknowledge and compliment Brazos Beautiful for winning the "Keep Texas Beuatiful Governor's Community Achievement Award." 2. Consideration of resolution approving the creation of the Brazos County Research and Development Authority. 3. Consider and take action on maintenance of the following 'roads that are inside the city limitf of Wixon Valley: (a) Dilly Shaw Tap (b) Andert (c) Kurten Cemetery 4. Consider and take action on the acceptance of maintenance in Rustic Oaks Subdivison in Precinct 3. S. Consideration of award of Annual Contract for Operator and Equipment for Landfill and authorize the payment thereof. 6. Consider and take action on personnel change of status. 7. Payment of claims. 8. Adjourn f VO PAGE 0 i h i - - - v• f 1 1 I~ ssk Y~ r - I 0 I f i i .f•. . V- T- 14 'r/. COMMISSIONERS' COURT SPECIAL MEETING MAY 31, 1988 i A special meeting of the commissioners' Court of Brazos I County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, May 31, 1988, with the following members of the I Court present: I I 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: Ruth McLeod Administrative Assistant Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office Rebecca Shults Purchasing Agent A. H. Winder County Engineer Travis Nelson District Clerk Sandie Walker Treasurer Cathy Bryan Engineer's Office Ginny Hamm County Attorney's Office Robert McGlohon Bryan/College Station Eagle Alice Brown KBTX-TV Kathy Young KBTX-TV Ramiro Quintero Brazos County Resident i William S. Thornton Attorney Diane Mills Brazos Beautiful Etta S. Dean Polk Co. Hist. Committee Jessica (no last name) Visitor Katy Kowerichke Visitor Henry L. Allen Visitor The Court recognized Diane Mills, Director of Brazos IlBeautiful, and congratulated her and her organization on their ~Ihard work and effort which enabled Brazos County to be awarded the "Keep Texas Beautiful Governor's Community Achievement Award. Brazos County will receive a $130,00.00 landscaping i grant to be administered by the Texas Department of Highways and Public Transportation. Mrs. Mills asked the Court for a list of Inames of individuals to serve on the Board of the site selection I committee. She informed the Court that the official presentation of the award would be in Galveston on July 8, 1988 at 12:00 noon nd invited the entire Court to attend. The Court next considered approving a resolution for the creation of the Brazos County Research and Development Authority { V ®L ■ AC-E w I ;i C ,I i k c V0 Commissioners' Court meeting May 31, 1988 I ` L II I (pursuant to Article 5190.10 of Vernon's Texas Civil Statutes, as amended. The authority would promote scientific research and development and commercialization of research in affiliation with public and private institutions of research, higher education, or health science centers. Members of the Board of Directors will include the president of Texas AiM University and , ,the remainder composed in its entirety of persons residing in +I Brazos County appointed by the Commissioners' Court of Brazos III!{County. Bill Thornton, a local attorney, indicated that the !lauthority is the same as other County Corporations with the same 1'~powers. On motion by Commissioner Beard, seconded by I; Commissioner Wilcox, the Court voted unanimously to adopt a ~RESOLUTION CREATING THE BRAZOS COUNTY RESEARCH AND DEVELOPMENT I 1AUTHORITY PURSUANT TO AUTHORITY CONFERRED BY ARTICLE 5190.10, I IVERNON'S TEXAS CIVIL STATUTES, AS AMENDED, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. A full copy of the i I Resolution is attached to and made a part of these minutes. On motion by Commissioner Wilcox, seconded by Commissioner Beard, the Court voted unanimously to continue the maintenance of I I I~roads that now lie within the municipality of Wixon Valley. Having met all the Subdivision Regulations and on motion by I (Commissioner Beard, seconded by Commissioner Wilcox, the Court voted unanimously to accept for maintenance the roads in the Rustic Oaks Subdivision. The Court next considered awarding the following bid: Bid No. 88-429 - Annual Contract for Operator and Equ ~pment Item No. Description 1. Track-type Tractor, 140 hp 2. Scraper, 13 cubic yards 3. Water Truck 4. Motor Grader, 135 hp 5. Compactor Roller, Padfoot 6. Compactor Roller, Smooth 7. Compactor Roller, Pneumatic 8. Delivery Charges All quotations are price per hour. AGE i•. • • I I 1 Commissioners' Court meeting May 31, 1988 I COOK CONST. YOUNG BRO. BOB MITCHELL TILLER CORP. INC. INC. 1. $65.00 $50.00 $55.00 $72.00 1 2. 50.00 94.00 70.00 63.00 I 3. 35.00 28.00 35.00 35.00 4. 55.00 40.00 45.00 58.00 r 5. 35.00 43.00 65.00 54.00 6. 45.00 43.00 45.00 40.00 i 7. 35.00 32.00 45.00 36.00 8. 2.50 1.00 0.00 3.00 Rebecca Shults, Purchasing Agent, recommended acceptance of the bid submitted by Cook Construction on items 2 and 5 and acceptance of the bid submitted by Young Brothers on items 1,3,4,7 and 6 Commissioner Cooley, preferring not to pick and choose items, moved that the bid be awarded to the second lowest bidder, Young Brothers and to name Bob Mitchell as an alternate on the bid. The motion was seconded by Commissioner Beard and carried unanimously. The Court proceeded to consider the change of status of the ' following employees. NAME DEPARTMENT REASON Graham, Gayla Co. Ct. at Law II Resignation Holste, Cathleen County Attorney Resignation Sweat, Judith Sheriff Office New Employee Kurtz, Jeff Brazos Center New Emp P/T Price, Chester Landfill New Emp P/T Svrcek, Cindy Tax Office New Employee Williamsen, W. Const. Pct 7' Step Increase Gray, Angela County Attorney Transfer !!On motion by Commissioner Turner, seconded by Commissioner 'Beard, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: E 10 General Fund----------------Claims 20 Road & Bridge---------------Claims 21 Boonville Cemetery----------Claims 22 Road & Bridge II------------Claims 24 C.O. Debt Service Fund------Claims 45 Omnibus Crime Control-------Claims 54 Health Department-----------Claims 60 Payroll---------------------Claims 61 Health & Life Ins-----------Claims 62 Flex Plan-------------------Claims 70 Indigent Health Care--------Claims 90 Community Services Off------Claims 94 Victim Assistance Prog------ Claims 95 Comm. Crime Prevention------Claims 96 Family Violence-------------Claims 97 Narc. Traf. Task Force------Claims On line checks - 41018 106907 thru 107221 107331 thru 107435 107222 thru 107229 107230 thru 107231 thru 107235 107236 thru 107262 thru 107269 107270 thru 107283 107284 thru 107288 107289 thru 107290 thru 107311 107312 thru 107316 107318 thru 107319 thru 107320 107321 thru 107322 thru 107330 VO L PAG E-f Z3-3- 1 Commissioners' Court meeting May 31, 1988 - , i On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to approve the Claims as submitted. There being no further business to come before the Court, the meeting was adjourned. i f f f t t i t r E t VO PAG - - - - v v ~ - u rata I~ ~ Y e t E . AML. • • • The foregoing minutes have been examined and approved in open Court this the day of 19in Bryan, Brazos County, Texas. 1 f I i i j y o reen Bill J oo ey Coun Judge Commi sioner, Precin t 1 Walter Wilcox , Commissioner, Precinct 2 Milton Turnkrr Commissioner, Precinct 4 sp,6ner, Precinct 3 'FVank Bor s e County Clerk VOL__/4--PAGE 572 ~ I .Y L. J RESOLUTION A RESOLUTION BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, CREATING THE BRAZOS COUNTY RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO AUTHORITY CONFERRED BY ARTICLE 5190.10, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. THE STATE OF TEXAS COUNTY OF BRAZOS WHEREAS, under the provisions of Article 5190.10, Vernon's Texas Civil Statutes, as amended (the "Act"), the Commissioners Court of a county is authorized and empowered to create a research and development authority to promote scientific research and development and commercialization of research in affiliation with public and private institutions of research, higher education, or health science centers; and WHEREAS, the Commissioners Court of Brazos County, Texas (the "County") has received a commitment by Texas ABM University (an eligible institution under the Act) to participate in the activities of a research and development authority to be created by the County, a copy of such commitment being attached to this Resolution as Exhibit A and made a part hereof for all purposes; and WHEREAS, the Commissioners Court of the County has caused an investigation to be made and hereby finds and determines that it is in the best interest of the County and its inhabitants to create a research and development authority and that there is a need for such an authority to be created; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: SECTION 1. A research and development authority comprised only of the territory included within the boundaries of Brazos County, Texas shall be and is hereby created and established as an instrumentality of Brazos County, and such research and development authority shall be a public body corporate and politic, exercising public and essential governmental functions having all of the powers necessary or convenient to carry out and effectuate the purpose and provisions of the Act, and known as the "Brazos County Research and Development Authority", which is hereby designated to be its official name (the "Authority"). VO PAGE !9-7 I f • • (COMMISSIONERS COURT SEAL) eM ~ SECTION 2. The Authority shall be governed by the Board of Directors consisting of three (3) members. The members of the initial Board of Directors of the Authority and their initial terms of office are as follows: NAME EXPIRATION OF TERM TO BE NAMED one year from the date of adoption of this Resolution TO BE NAMED two years from the date of adoption of this Resolution TO BE NAMED until his successor as president of Texas A&M University is appointed SECTION 3. The Authority shall possess such powers and perform such duties as may be authorized by applicable law, including, but not limited to, the provisions of Article 5190.10, Vernons' Texas Civil Statutes, as amended. SECTION 4. Notice of the initial meeting of the Board of Directors of the Authority shall be given in the manner prescribed by the Act by the first person named as a Director in section 2 hereof. SECTION 5. All of the recitals and findings contained in the preamble of this Resolution are adopted as findings by this Commissioners Court and made a part hereof for all purposes. PASSED AND ADOPTED this theYZ,±.day of 1988. 'OR'- Cou u ge, Br ~osCounty, Texas ATTEST: County Cle of Brazos County, Texas VO L PAO E 5"3 7 H. !I ~ i EXHIBIT A CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM We, the undersigned officers of the Board of Regents of The Texas A&M University System, hereby certify as follows: 1. The Board of Regents of The Texas A&M University System convened in regular meeting on the 16th day of November, 1987, at the designated meeting place, and the roll was called of the duly constituted officers and members of said Board, to-wit: John B. Coleman, M.D. David G. Eller, Chairman L. Lowry Mays Joe H. Reynolds, Vice Chairman William A. McKenzie Royce E. Wisenbaker John Mobleyy Wayne Showers Douglas R. DeCluitt Bill C. Presnal, Executive Secretary and all of said persons were present, except the following absentees: Joe H. Reynolds, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written BOARD OF REGENTS' MINUTE ORDER COMMITTING TEXAS A&M UNIVERSITY TO PARTICIPATE IN THE CREATION OF THE PROPOSED BRAZOS COUNTY RESEARCH AND DEVELOPMENT AUTHORITY was duly introduced for the consideration of said Board and duly read. It was then duly moved and seconded that said Minute Order be adopted; and, after due discussion, said motion, carrying with it the adoption of said Minute Order prevailed and carried by the following vote: AYES: All members of said Board shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Minute Order adopted at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Minute Order has been duly recorded in said Board's minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Board's minutes of said meeting pertaining to the adoption of said Minute Order; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Board as indicated therein; and that each of the officers and members of said Board was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Minute Order VO L _PAGE__ 61V - 1 • 1~ 1 h 1" _ 1 •,l-ir.,. ..1-_...',.. ~-F-•~.., 71- r ~ •r r _ A► ~ j would _ --+r~ _ _ ter.. __r~_ - i be introduced and considered for adoption at said meeting; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. ' SIGNED AND SEALED the day of _14 1988. ' rman ExO-cutive Secretary (SEAL) • VO L PAG E .rte - J - - _ A~~. • f 318-87 APPROVAL FOR TEXAS ABM UNIVERSITY TO PARTICIPATE IN THE CREATION OF THE BRAZOS COUNTY RESEARCH AND DEVEIDPMENT AUTHORITY THE TEXAS A&M UNIVERSITY SYSTRI On motion of Mr. McKenzie, seconded by Mr. Mobley and by a unanimous vote the following minute order was adopted: The Board of Regents of The Texas A&M University System hereby approves the participation of Texas A&M University in the creation of a Research and Development Authority with Brazos County, Texas, as permitted by Article 5190, Section 5190.10 of the Texas Revised Civil Statutes. i - - - - - - - - CERTIFICATE I, VICKIE E. BURT, hereby certify that the foregoing is an exact copy of Minute Order 318-87 adopted by the Board of Regents at its regular meeting in College Station, Texas, on November 16, 1987, and that the foregoing is in full force and effect as of the date of my signature. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal of the said institution this 15th day of April, 1988. Vickie E. Burt Assistant Executive Secretary of the Board of Regents The Texas A&M University System r. VOL PAGE ~ i I • • BRAZOS COUNTY RESEARCH AND DEVELOPMENT AUTHORITY BYLAWS ARTICLE I OFFICES SECTION 1.01. The principal office of Brazos County Research and Development Authority (the "Authority") shall be located within Brazos County, Texas. ARTICLE II DIRECTORS SECTION 2.01. The affairs of the Authority shall be managed by a board of directors (the "Board") one of which shall be the President of Texas A&M University and the remainder composed in its entirety of persons appointed by, and whose terms of office shall be fixed by, the governing body of Brazos County, Texas (the "County"). SECTION 2.02. Vacancies in the Board other than the President of Texas A&M University, including vacancies to be filled by reason of an increase in the number of directors, shall be filled for the unexpired term by the appointment of successor directors by the governing body of the County. SECTION 2.03. The property and business of the Authority shall be managed by the Board which may exercise all powers of the Authority and do all lawful acts. SECTION 2.04. The annual meeting of the Board shall be held at the principal office of the Authority on the 1st Monday of December of each year, if not a legal holiday, and if a legal holiday, then at the next secular day following, at 1:30 o'clock, p.m., or at such time and place as shall be fixed by the consent in writing of all of the directors. All other meetings may be held at the place selected by the Board within the boundaries of the State of Texas. SECTION 2.05. Regular meetings, other than the annual meeting, may be held without notice at such time as shall from time to time be determined,by resolution of the Board. SECTION 2.06. Special meetings of the Board may be called by the President on three days' notice to each director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two directors. VOL PAGE + t i M .t 1 SECTION 2.07. At all meetings of the Board the presence of a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board, except as may be otherwise specifically provided by these Bylaws. If a quorum shall not be present at any meeting of the directors, the directors present thereat may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. SECTION 2.08. A meeting of the Board can be held at any time without notice upon the execution by all directors of a written waiver of notice, and likewise may be held without notice when all of the directors are present at the meeting. SECTION 2.09. Any action required by the provisions of Article 5190.10, Vernon's Texas Civil Statutes, as amended (the "Act"), to be taken at a meeting of the Board or any action which may be taken at a meeting of the Board may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed by all of the directors. Such consent shall have the same force and effect as a unanimous vote and may be stated as such in any articles or document filed with the Secretary of State under the Act. COMMITTEES OF DIRECTORS SECTION 2.11. The Board may, by resolution or resolu- tions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of one or more of the directors of the Authority. Such committee or committees shall have such name or names, and such powers, as may be determined from time to time by resolution adopted by the Board. SECTION 2.12. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. SECTION 2.13. Directors, as such, shall receive no compensation for services rendered as directors, but shall be reimbursed for all reasonable expenses incurred in per- forming their duties as directors. VOL PAGE !2 YD7' 2 • C~ • l M L ARTICLE III NOTICES SECTION 3.01. Whenever under the provisions of the statutes or these Bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such director at such address as appears on the books of the Authority, and such notice shall be deemed to be given at the time when the same shall be thus mailed. SECTION 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these Bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE IV OFFICERS SECTION 4.01. The officers of the Authority shall be chosen by the Board. The Board shall choose from its members a President and a Vice President. The Board shall also choose a Secretary and a Treasurer who may or may not be members of the Board. Any two or more offices may be held by the same person, except the offices of President and Secretary. SECTION 4.02. The Board shall choose such officers at its first meeting and at each annual meeting thereafter in even number years. SECTION 4.03. The officers of the Authority chosen pursuant to Section 4.02 shall serve until the second annual meeting of the Board thereafter or until their successors are chosen and qualify in their stead. SECTION 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from • time to time by the Board. SECTION 4.05. Any officer elected or appointed by the Board may be removed at any time by the affirmative vote of a majority of the whole Board. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board. 3 VOL A -PAGE ~'r a• , 'rr `7. The President SECTION 4.06. The President shall preside at all meet- ings of the directors. SECTION 4.07. The President shall be exofficio a mem- ber of all standing committees, shall have general super- vision of the management of the business of the Authority, and shall see that all orders and resolutions of the Board are carried into effect. SECTION 4.08. The President shall execute bonds, mort- gages and other contracts requiring a seal, under the seal of the Authority, except where required or permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board to some other officer or agent of the Authority. Vice President SECTION 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and ex- ercise the powers of the President, and shall perform such other duties as the Board shall prescribe. The Secretary SECTION 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board and shall perform such other duties as may be prescribed by the Board or the President, under whose supervision he shall be. He shall keep in safe custody the seal of the Authority and, when authorized by the Board, affix the same to any instrument requiring it, and, when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course of ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer SECTION 4.11. To the extent not otherwise provided by the Board, by rules or regulations, in resolutions relating to the issuance of bonds, or in any financing documents re- lating to such issuance, the Treasurer shall have the custody of the corporate funds and securities and shall keep full and accurate accounts of receipts and disbursements in ;books belonging to the Authority and shall deposit all moneys and other valuable effects in the name and to the V® PAGE 4 I wr. r. ti, r 1 credit of the Authority in a depository as shall be designated by the Board. He shall disburse the funds of the Authority as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Authority. SECTION 4.12. The Board may require the President, Vice President, the Secretary, and the Treasurer to give the Authority bonds in such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the Authority, in case of his death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of what- ever kind in his possession or under his control belonging to the Authority. SECTION 4.13. The provisions of the Texas Uniform Fac- simile Signature of Public Officials Act shall be applicable to the Authority, which is a duly constituted instrumen- tality of the Brazos County, Texas, a political subdivision of the State of Texas. ARTICLE V FISCAL PROVISIONS • SECTION 5.01. No dividends shall ever be paid by the Authority 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 Authority, then any net earnings of the Authority thereafter accruing shall be paid to the County. No part of the Authority'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. SECTION 5.02. The Board shall have prepared for each annual meeting a full and clear statement of the business and condition of the Authority. 5 V®L PAGE 5 y~ 1 i Checks SECTION 5.03. All checks or demands for money and notes of the Authority shall be signed by such officer or officers or such other person or persons as the Board may from time to time designate, provided that in no event shall a check be negotiable until it is signed by at least one officer. Fiscal Year SECTION 5.04. The fiscal year shall be determined by resolution of the Board. ARTICLE VI SEAL SECTION 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle "Brazos County Research and Development Authority" and shall have inscribed in the inner circle the letters "T-E-X-A-S" and a five pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII AMENDMENTS SECTION 7.01. These Bylaws 'nay be altered, changed, or amended at any meeting of the Board at which a quorum is present, provided notice of the proposed alteration, change, or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the directors at such meeting and present thereat. u ADOPTED AND APPROVED this the day of , of g 1988. !i Ifs President VO PAGE 6 1 1