Loading...
HomeMy WebLinkAbout19850808RESOLUTION NO. 08-08-85-9.B A RESOLUTION BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS RELATING TO THE CONTINUED OPERATION OF THE SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY, INC., AND APPROVING CERTAIN AGREEMENTS IN CONNECTION THEREWITH. WHEREAS, the City of College Station, Texas, (the "City") has heretofore requested that the Southeast Texas Higher Education Authority, Inc. (the "Authority") organize and operate pursuant to Section 53.47(e), Texas Education Code, V.A.T.C.S., as amended (the "Act") for the purpose of fur- thering educational opportunities of students by providing funds to purchase or to make student or parent loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; and, WHEREAS, the Authority has duly exercised such powers in accordance with the Act, in a dilligent and forthright manner, in accordance with the purposes for which it was created by its two sponsoring cities; and, WHEREAS, such operating powers include the formulation of a Plan of Doing Business, a set of By-laws and Articles of Incorporation and the amending thereof from time to time in accordance with the Act; and, WHEREAS, the Authority has determined it is in the best interest of the purpose for which it was formed to expand its authorized service area to include an additional thirty- six (36) counties in East Texas, as specified in its Res- olution adopted the 25th day of July, 1985, attached hereto as Exhibit "A"; and, WHEREAS, the expanded service area of the Authority justifies an expansion of the membership of the Board of Directors (the "Board") of the Authority to assure a fair representation of the interests of the citizens in such area who are the intended beneficiaries of the Act and to provide a desirable representation of the geographic diversity in the expanded service area; and, WHEREAS, the Authority has amended its By-laws to pro- vide for a Board composed of ten (10) Directors to be nominated for appointment as provided in its Resolution passed the 25th day of July, 1985, attached hereto as Exhibit "B"; now therefore, Resolution No. 08-08-85-9.B Page 2 BE IT RESOLVED BY THE CITY OF COLLEGE STATION: Section 1. That all of the recitals contained in the preamble hereof are found to be true and are adopted as the findings of this City Council. Section 2. That the actions taken by the Authority or to be taken in connection herewith amending its By-laws, Articles of Incorporation and Plan of Doing Business are acknowledged and approved by this City Council as fur- thering the purposes for which the Authority was formed. Section 3. That this resolution shall be effective from and after its adoption. PASSED and APPROVED on this the August , 1985. ATTEST: Q lan Jones~ty Secretary 8th day of APPROV G~r~'~er ~ ~ay0r EXHIBIT "A" A RESOLUTION by the Board of Directors of the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY, INC. Relating to the Expansion of the Authorized Service Area of the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY. WHEREAS, it has been mutually agreed between the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY, INC. and the EAST TEXAS HIGHER EDUCATION AUTHORITY, INC. that an expansion of the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY into the author[zed service area of the EAST TEXAS HIGHER EDUCATION AUTHORITY would be of significant benefit to students, lenders and educational institutions of both Authorities; and, WIIEREAS, the E~ST TEXAS IIlGIIER EDUCATION AUTIIORITY has expressed its desire and given its approval that the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY expand its authorized service area to include those Texas counties which also comprise the authorized service area of the EAST TE.~AS HIGHER EDUCATION AUTHORITY; now therefore, BE IT RESOLYED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST TEXAS HIGH.ER EDUCATION AUTHORITY that the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY expand its authorized service area to include, and agrees to exercise its powers within, the Texas counties of: Angelina Franklin Lamar San Augustine Bowie Grayson Morris Shelby Camp Gregg Nocogdoches Smi th Cas s Ha r ri so n Nava r ro Ti tu s Che roke e He nd e rso n Pa nola Tr i ni ty Co l lin Hop ki ns Ra ins Upshur Cooke Hunt Red River Van Zandt De lta Johnson Ro c kwal 1 Wal ker FanniL~ Kaufman Sabine Wood PASSED AND APPROVED this the 25th day of July, 1985. President, Southeast Texas Higher Education Authority, Inc. Att,,st: Secretary, Southeast Texas Higher Education Authority, Inc. EXHIBIT "B" RESOLUTION NO. A RESOLUTION by the Board of Directors of the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY, INC. Relating to the amendment of Article 2.02 of By-laws of the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY THAT Articles 2.02 of the By-Laws of the SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY be amended as follows: From and after December 1, 1985, the number of Directors of the Authority shall be ten (10). Directors' terms of office shall expire on December 1 with Directors in places 1 through 5 expiring in odd numbered years and Directors in places 6 through 10 expiring in even numbered years. From and after December 1, 1985, the governing body of the City of Bryan shall elect the Directors in places 1, 3, 5, 7 and 9. The governing body may select any resident of the State of Texas for places 1, 3 and 5, but shall for places 7 and 9 select a resident of those counties located in the State of Texas identified on the attached Addendum "I" attached hereto and incorporated herein for all purposes. From and after December 1, 1985, the governing body of the City of College Station shall elect the Directors in places 2, 4, 6, 8 and 10. The governing body may select any resident of the State of Texas for places 2, 4 and 6, but shall for places 8 and 10 select a resident of those counties located in the State of Texas identified on the attached Exhibit "A" attached hereto and incorporated herein for all purposes. Vacancies shall be filled by the governing bodies of the City filling such position. PASSED AND APPROVED this the day of , 1985. PRESIDENT, Southeast Texas Higher Education Authority, Inc. Attest: ' "'5176 ADDENDUM "I" Angelina Bowie Camp Cass Cherokee Collin Cooke Delta Fannin Franklin Grayson Gregg Harrison Henderson Hopkins Hunt Johnson Kaufman Lamar Morris Nacogdoches Navarro Panola Rains Red River Rockwall Sabine San Augustine Shelby Smith Titus Trinity Upshur Van Zandt Walker Wood P:~, ] 77 RESOLUTION NO. 08-08-85-11 WHEREAS, on the 23rd day of April, 1981, the City Council of the City of College Station adopted Ordinance 1287 re- zoning a tract of land that was later platted and developed as Southwest Crossing Phase One and recorded in Volume 523, Page 433, of the Deed Records of Brazos County, Texas; WHEREAS, the Council reviewed the tract by reference to a diagram; and WHEREAS, since the adoption of Ordinance 1287 it has been discovered that the description included therein is incor- rect and does not correspond to what was presented to Coun- cil; NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of College Station that the tenth line of the ordi- nance be changed to read, "To rezone or change the classi- fication of Southwest Crossing Phase One, as recorded in Volume 523, Page 433, of the Deed Records of Brazos County, Texas." That the remainder of said ordinance be deleted. PASSED and APPROVED this 8th day of A~gust , 1985. ATTEST: ~ / C i~y - Se c rg~r~- APP OV ' . /. a-Z e / / RESOLUTION NO. 08-08-85-12 WHEREAS, on February 19, 1985, the United States Supreme Court handed down its decision in the matter of Garcia v. San Antonio Metropolitan Transit Authority in which it was decided that it was constitutional to extend coverage of the Fair Labor Standards Act (FLSA) to essentially all state and local government jobs, thus reversing the Court's 1976 deci- sion in National League of Cities v. User¥ in which the Court had held that the Act could not constitutionally be applied to state and local government employees engaged in "traditional" government functions; WHEREAS, the Executive Committee of the National Institute of Municipal Law Officers (NIMLO) has decided to file a law- suit seeking a declaratory judgment to the end that required changes in policies and the enormous cost of the FSLA cannot constitutionally apply to health, police, fire and other es- sential local government functions; WHEREAS, the estimated cost of the proposed lawsuit would be approximately $400,000; WHEREAS, NIMLO has requested that all municipal, state and county agencies who want to maintain or regain exemptions from the FLSA should execute the attached agreement to pay a portion of the costs involved; WHEREAS, it has been determined by the Mayor and members of the City Council that it would be advantageous to the City of College Station to join in this litigation; and WHEREAS, the portion of said attorney fees to be paid by the City of College Station to join in this litigation is the sum of One Thousand Dollars ($1,000.00) to be deposited in the NIMLO FLSA Litigation Trust Fund; NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of College Station that the Mayor be authorized to execute the attached NIMLO FLSA Litigation Trust Fund Agreement and that a check in the sum of One Thousand Dol- lars ($1,000.00) be deposited in the NIMLO FLSA Litigation Trust Fund to cover the City's portion of the attorney fees and expenses in support of the proposed litigation attacking the provisions of the FLSA as interpreted by Gar¢ia v. San Antonio. PASSED and APPROVED this 8th day of August , 1985. ATTEST: