ORDER NO. 22144 APPROVAL OF RESOLUTION OF THE COMMISSIONERS' COURT APPOINTING THE KERB COUNTY JUVENILE BOARD AS ITS AGENT TO EXECUTE VARIOtJS SPECIFIC DOCUMENTS IN CONNECTION WITH THE LEASE, DESIGN, FINANCE, CONSTRUCTION AND OPERATION OF THE SECtJRE JUVENILE DETENTION FACILITY; MAKING FINDINGS AND GRANTS AND PROVIDING FOR OTHER MATTERS RELATED THERETO On this the 12th day of July 1994, upon motion made by Commissioner Holekamp, ser_onded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0, to approve the ratifir_at.ian of negotiations and approval of Juvenile Board to execute operations documents including Operation and Management Agreement, First Amendment to Escrow Agreement, Operational Funds Agreement, Development Agreement, and Architectural Agreement and approve resolution regarding same. RESOLUTION OF THE COMMISSIONERS' COURT OF KERR COUNTY APPOINTING THE KERR COUNTY JUVENILE BOARD AS ITS AGENT TO EXECUTE VARIOUS SPECIFIC DOCUMENTS IN CONNECTION WITH THE LEASE, DESIGN, FINANCE, CONSTRUCTION AND OPERATION OF THE SECURE JUVENILE DETENTION FACILITY; MAKING FINDINGS AND GRANTS AND PROVIDING FOR OTHER MATTERS RELATED THERETO. WHEREAS, the Commissioners' Court of Kerr County ("the Commissioners Court") hereby affirms its conclusion that the immediate acquisition, purr_hase, construction and operation upon completion of a secure residential juvenile facility ("Facility"} and the operation thereof is necessary to preserve and protect the public health and safety of the citizens of Kerr County; and WHEREAS, the Commissioners' Court has previously delegated to the Kerr County Juvenile Board ("Board"} the authority to execute and deliver the Lease and other financing documents related to or necessary to achieve this end; and WHEREAS, the Commissioners' Court rer_ognizPS that various specific documents remain to be executed to implement the acquisition, purr_hase, r_onstrur_tion and operation upon completion of the Facility, including, but not necessarily limited t.o: (].) Operation and Management Agreement; (2) Operations Fund Agreement; (3) First Amendment to the Escrow Agreement relating to the Facility; (4) Development Agreement; and {5) Amendment to the Architect's Agreement with ReCor; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT THAT: 1. Findings and Authority of the Board: (a) The Commissioners Court hereby approves the farm and substance of the documents referred to above and submitted to the Commissioners Court on July 12, 1994; the final executed versions of which will be placed in the Commissioners Court's retards along with this Order. (b) The recitations hereinabave are found to be true and correr_t, are incorporated herein as findings of fart, and the Commissioners Court hereby (i) reaffirms its earlier grant of an exemption, pursuant to 262.024 (a)(2), Local Government Code, for the acquisition of the Facility; and (ii) specifically appoints and authorizes the Board to act as its agent for the purpose of executing all necessary documents, including the documents referred to above, and to make minor modifications to said documents, as the Board deems necessary. (c) The appropriate afficers, employees, agents and representatives of the Board shall be and are hereby expressly authorized, empowered and directed, from time to time, to do and perform all such acts and things and to exer_ute, ar_knawledge and deliver in the name and under the corporate seal and on behalf of the County all sur_h instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order. 2. Effective Date: This Order shall be in Force and effect from and after its passage on the date Shawn below. 3. Open Meetings: It is hereby officially found and determined that this meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Ar_t, Chapter 551, Texas Government Code. ADOPTED AND PASSED this day of July 1994. WILLIAM C,. STACY, County Judge ATTEST: County Clerk, Ex- Officio Clerk of the Kerr County Commissioners Court COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REDDEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: ~- OFF i CE: ~'_ ~~~~~-~ -~ ~~' ~-~-~ MEETING DATE: -~ ~- ~ Z- SUBJECT: (PLEASE BE SPECIFIC) ~ _ pp p ia.~C1l1n.?ill-n Q ~ bl _~f.tAFE/~AA.C e ~~~ TIME PREFERRED: ~~^~ _ 0 ~ ~J EXECUTIVE SESSION REQUESTED: YES _ NO ~~ PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: ~ ~'"~"'v`~~ PERSONNEL MATTER - NAME OF EMPLOYEE: ~ ~~ NAME OF PERSON ADDRESSING THE COURT: ~1~ Time for submitting this request for Court to assure that the matter 1s posted in accordance with Artlcie 6252-17 1s as follows: ~ Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : ~ Alt Agenda Requests will be screened by the County Judge's Ottice to determine it adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. ~ l~2/q y ~.~«.i.~ ;,C,,., z. i scat-~-~ a~ OF THE CONIlVIISSIONIItS COURT OF KERB COUNTY APPOINTING THE KERB COUNTY BOARD AS ITS AGENT TO E%ECUTE VARIOUS SPECIFIC DOCUMENTS IN CONNECTION WITH THE LEASE, DESIGN, FINANCE, CONSTRUCTION AND OPERATION OF THE SECURE JUVENII,E DETENTION FACILITY; MAKING FINDINGS AND GRANTS AND PROVIDING FOR OTHER MATTERS RELATED THERETO. WHEREAS, the Commissioners' Court of Kerr County ("the Commissioners Court") hereby affirms its conclusion that the jmmediate acquisition, purchase, construction and operation upon completion of a secure residential juvenile detention facility ("Facility") and the operation thereof is necessary to preserve and protect the public health and safety of the citizens of Kerr County; and WHEREAS the Commissioners' Court has previously delegated to the Kerr County Juvenile Board ("the Board") the authority to execute and deliver the Lease and other financing documents related to or necessary to achieve this end; and WHEREAS the Commissioners Court recognizes that various specific documents remain to be executed to implement the acquisition, purchase, construction and operation upon completion of the Facility, including, but not necessarily limited to: (1) Operation and Management Agreement; (2) Operations Fund Agreement; (3) First Amendment to the Escrow Agreement relating to the Facility; (4) Development Agreement; and (5) Amendment to the Architect's Agreement with ReCor; esou177a~J NOW THEREFORE, BE IT BY THE COMIVIISSIONERS COURT THAT: Findings and Authority of the Board: (a) The Commissioners Court hereby approves the form and substance of the documents referred to above and submitted to the Commissioners Court on July 12, 1994; the final executed versions of which will be placed in the Commissioners Court's records along with this Order. (b) The recitations hereinabove aze found to be true and correct, aze incorporated herein as findings of fact, and the Commissioners Court hereby (i) reaffirms its earlier grant of an exemption, pursuant to §262.024(a)(2), Local Government Code, for the acquisition of the _ Facility; and (ii) specifically appoints and authorizes the Boazd to act as its agent for the purpose of executing all necessary documents, including the documents referred to above, and to make minor modifications to said documents, as the Board deems necessary. (c) The appropriate officers, employees, agents and representatives of the Board shall be and are hereby expressly authorized, empowered and directed, from time to time, to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the County all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order. 2. Effective Date: This Order shall be in Force and effect from and after its passage on the date shown below. 3. Oeen Meetings: It is hereby officially found and determined that this meeting was' open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code. ADOPTED AND PASSED this day of July, 1994. WILLIAM G. STACY, County Judge Attest: County Clerk, Ex-Officio Clerk of the Kerr County Commissioners Court 0~~ ~C' 22144 ~ OF ~ Appp~~ I~ ~~~ S 'Pf~1~~T'~ ~~ ~~¢IC ~DES~~I~ OF ~S~~T.ON~~ DDS A 9 Ti$~~~ING ~ ppR ~~ ~ p~ ~p ~~ RF.GA July 12+ 1984 Val z, page 489