RESOLUTION NO. 80- 89
A RESOLUTION
AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE FIRM OF PRICE WATERHOUSE &COMPANY FOR AUDITING SERVICES FOR THE METROPOLITAN TRANSIT AUTHORITY. WHEREAS, a Request for Proposals (RFP) for a three-year engagement for auditing services for the Metropolitan Transit Authority was issued on May 19, 1980; and WHEREAS, a total of twenty-two (22) firms received the Request for Proposals; and WHEREAS, eight (8) responses were received on June 6, 1980; and WHEREAS, an evaluation based on criteria including technical ability, experience and cost was conducted on the proposals submitted; and WHEREAS, the firm of Price Waterhouse &Company was found to best meet the needs of the Metropolitan Transit Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director be authorized to negotiate and execute and the Assistant Secretary to attest to an agreement with Price Water house &Company for auditing services for the Metropolitan Transit Authority. Section 2: The term of the agreement shall be three (3) years. Section 3: The maximum fees payable for the first audit for the fiscal year ending September 30, 1980 shall not exceed $31,385. Section 4: The Executive Director be authorized to approve a maximum additional $5,000 for special financial related projects. Section 5: This resolution shall be effective immediately upon its passage. RESOLUTION NO. 80- 89 (Page 2)
PASSED this 23rd day of July, 1980. 1980.
ATTEST: N~nk~
APPROVED AS TO SUBSTANCE: RESOLUTION NO. 80- 90
A RESOLUTION
AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH DUNCAN INDUSTRIES FOR THE PURCHASE OF 615 NON-REGISTERING FAREBOXES AND RELATED EQUIPMENT AS A SOLE SOURCE PROCUREMENT. WHEREAS, a new fare collection equipment is needed to replace old collection systems currently in use; and WHEREAS, normal competitive bidding with normal delivery terms could extend delivery from three (3) to six (6) months; and WHEREAS, staff has del cared the existing circumstances an emergency situation and has received a preliminary commitment from the proposed supplier to expedite the delivery process to within ninety (90) days; and WHEREAS the proposed system design would be compatible with existing equipment; and WHEREAS, the proposed system would offer compatibility and system develop- ment of data capabilities for future use; and WHEREAS, a comparative bid from other manufacturers could pre-empt compatibility with existing equipment; and WHEREAS, the proposed system offers the highest degree of security on the current market; and WHEREAS, existing MTA Duncan collection equipment has been evaluated at $401,400; and WHEREAS, proposed system design and procurement would standardize MTA's revenue collection equipment system. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director be authorized to negotiate and RESOLUTION NO. 80- 90 (Page 2) execute and the Assistant Secretary to attest to an agreement with Duncan Industries for the purchase of 615 non-registering fareboxes and related equipment as a sale source procurement. Section 2: The normal competitive bidding process be waived. Section 3: Total amount of the procurement shall not exceed $700,000. Section 4: This resolution shall be effective immediately upon its passage. PASSED this 23rd day of July, 1980. 1980.
LTIe--IllJQrd._----
APPROVED AS TO SUBSTANCE:
" Executive Director RESOLUTION NO. 80-----91 A RESOLUTION
AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE A PURCHASE ORDER FOR TWO (2) BUS WASHERS AND ONE (1) WASH WATER RECLAMATION SYSTEM, WHEREAS, the Metropolitan Transit Authority competitively bid MTA Project No. 1-80-35-N-68, Purchase and Installation of Two Automatic Bus Washers and One Wash Water Reclamation System; and WHEREAS, four bids were received on the aforementioned project;and WHEREAS, MTA staff reviewed and evaluated said bid responses and recommend bid award to the lowest responsive and responsible bidder in accordance with MTA's Bid Procedures. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY: Section 1: The Executive Director be authorized to issue a purchase order for purchase and installation of two bus washers and one wash water reclamation sy stem to the lowest responsive and responsible bidder for an amount not to exceed $154,189.00. Section 2: This Resolution shall be effective immediately upon its passage. PASSED this .1.~ ~day of July, 1980 APPROVED thi s c13rtL day of July, 1980
ATTEST: N~eb'£"'(-----
APPROVED: (Substance) Executive Director wal~~ APPROVED: (Form) Legal Counsel RESOLUTION NO. 80----92 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO DETERMINE SALVAGE OR SURPLUS STATUS OF MTA-OWNED PERSONAL PROPERTY AND TO PROMULGATE PROCEDURES FOR ITS DISPOSAL AND TO DISPOSE OF SUCH SURPLUS AND SALVAGE PROPERTY. WHEREAS, from time to time there arises the need to dispose of surplus and salvage property owned by the MTA; and WHEREAS, for these purposes: "Property" means personal property, and does not mean real property, or any interest in real property. Personal property affixed to real property may be sold hereunder if its removal and disposition is to carry out a lawful objective; and "Surplus property" means any personal property which is in excess of the needs of the MTA and which is not required for its foreseeable needs. Surplus property may be used or new but possesses some usefulness for the purpose for which it was intended or for some other purpose; and "Salvage propertyll means any personal property which through use, time, or accident is so depleted, worn out, damaged, used, or consumed that it has no value for the purpose for which it was originally intended; and, WHEREAS, as a matter of expediency it is advisable to authorize the Executive Director to determine that personal property owned by the MTA is surplus or salvage property which should be disposed of by the MTA; and WHEREAS, furthermore, it is advisable to authorize the Executive Director to establish and to maintain procedures for the transfer, sale or disposal of surplus and salvage property no longer needed by the MTA; and, WHEREAS, it is also advisable to authorize the Executive Director to execute all documents of title, bills of sale and any other instruments necessary or incidental to the sale of such surplus and salvage property. NOW, THEREFORE, BE- IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director be authorized to determine that personal property owned by the MTA is surplus or salvage property which should be disposed of by the MTA. Section 2: The Executive Director be authorized to establish and to maintain procedures and to prescribe all forms for the transfer, sale or disposal of surplus and salvage property no longer needed by the MTA. RESOLUTION NO. 80-92(Page 2) Section 3: The Executive Director be authorized to execute all documents of title, bills of sale and any other instruments necessary or incidental to the sale of such surplus and salvage property. Section 4: Surplus and salvage property acquired in whole or in part through use of federal or state grant funds shall be disposed of in com pliance with any rules, procedures or regulations of any applicable granting agency of the federal or state government. Section 5: The MTA shall dispose of surplus and salvage property acquired through use of totally local MTA funds by competitive bid or auction. Section 6: If the value of any property or lot of property to be sold is estimated to be over $1,000, the sale shall be advertised at least one (1) time in at least one (1) newspaper of general circulation in the MTA jurisdiction. Section 7: The Executive Director shall report all items sold and the sale price to the MTA Board of Directors. Section 8: If the MTA cannot sell or dispose of any property designated by the Executive Director as surplus or salvage, the Executive Director may order the property destroyed as worthless salvage and report the destruc tion to the MTA Board of Directors. Section 9: The Executive Director shall at all times try to realize the maximum return to the MTA in the sale and disposal of surplus and salvage property. Section 10: Any purchaser of surplus or salvage property at such a sale by the MTA under authorization of the Executive Director shall obtain good title to any property purchased if the purchaser has in good faith complied with the conditions of the sale and the applicable rules and regulations. Section 11: This Resolution shall be effective immediately upon passage. RESOLUTION NO. 80-92(Page 3)
PASSED this tJ3- ATTEST: ~~ APPROVED: (Substance) Executive Dlrector Ra~~::---~-'---- APPROVED: (Form) Legal Counsel RESOLUTION NO. 80- 93 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE CHANGE NOTICES AND TO NEGOTIATE AND EXECUTE CHANGE ORDERS FOR ALL COMPETITIVELY BID MTA CONTRACTS WHICH CHANGE NOTICES AND CHANGE ORDERS DO NOT EXCEED A CUMULATIVE INCREASE IN THE CONTRACT SUM PER CONTRACT OF 10% OF THE ORIGINAL CONTRACT SUM OR $100,000, WHICHEVER AMOUNT IS LESS; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND TO APPROVE ALL CHANGE NOTICES AND CHANGE ORDERS FOR ALL COMPETITIVELY BID MTA CONTRACTS WHICH DECREASE THE CONTRACT SUM. WHEREAS, the present Capital Expenditure Control Procedures for the MTA provide that "the Executive Director can approve change orders which do not exceed a cumulative total of $5,000 for non-construction projects" and that "the Executive Director can approve change orders on construction projects which do not exceed a cumulative total of $50,000"; and, WHEREAS, for these purposes a Change Notice to a contractor shall constitute a written unilateral order issued by the MTA directing the contractor to make changes within the scope of the contract that the changes clause of the contract authorizes the MTA to order without the consent of the contractor; and WHEREAS, for these purposes a Change Order to a contract shall constitute a contract modification agreed to by both the MTA and the Contractor, such Change Order including the agreed to changes in costs, schedule or other terms of the contract, if any, which result from the issuance of Change Notice(s), and WHEREAS, by Resolution No. 80-58, passed by the MTA Board on April 9, 1980, the MTA Board approved the revision of the Competitive Bidding Procedures to permit the Executive Director to solicit bids and to award contracts for projects or procurements of $100,000 or less; and, WHEREAS, as a matter of expediency it is advisable to extend the power of the Executive Director in regard to the issuance of Change Notices and the negotiation and execution of Change Orders so that such power correlates to his power to enter contracts on behalf of the MTA; and, WHEREAS, as a further matter of expediency, it is also advisable to grant the Executive Director the power to issue all Change Notices and to negotiate and to execute all Change Orders which result in a decrease in the contract sum. RESOLUTION NO. 80-93(Page 2) NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director be authorized to issue all Change Notices and to negotiate and execute all Change Orders for all competitively bid MTA Contracts in order to make any change in the Work within the general scope of the original Contract which shall not exceed a cumulative increase in the contract sum per contract of 10% of the original contract sum or $100,000, whichever amount is less. Section 2: The Executive Director be authorized to issue all Change Notices and to negotiate and to execute all Change Orders for all competitively bid MTA Contracts which shall result in a decrease in the contract sum. Section 3: This Resolution shall be effective immediately upon its passage. PASSED this f3rr.lday of July, 1980. APPROVED this 2Srd-, day of July, 1980. ATTEST: APPROVED: (Form) Legal Counsel RESOLUTION NO. 80- 94 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND TO EXECUTE CERTAIN AMENDATORY AGREEMENTS TO MTA SERVICES CONTRACTS. WHEREAS, by Resolution No. 80- ~g , passed by the MTA Board on April 9, 1980, the MTA Board approved the revision of the MTA Procedures for the Procurement of Professional, Personal and Non-Personal Services; and WHEREAS, such Procedures allow the Executive Director to negotiate and to execute the following: 1. Locally-funded contracts, $25,000 or less in dollar value, for Professional and Personal Services. 2. Contracts funded in whole or in part through use of federal grant funds, $10,000 or less in dollar value, for Professional and Personal Services. 3. Contracts, $10,000 or less in dollar value, for Non-Personal Services; and, WHEREAS, as a matter of expediency it is advisable to grant the Executive Director the power to negotiate and to execute amendatory agreements to MTA services contracts subject to the same limits as the power granted the Executive Director to negotiate and to execute original contracts for such services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director be authorized to negotiate and to execute amendatory agreements to MTA services contracts as follows: RESOLUTION NO. 80-94(Page 2) 1. Amendatory ag.reements for $25,000 or less to locally-funded MTA contracts for Professional or Personal Services. 2. Amendatory agreements for $10,000 or less to federally-funded MTA contracts for Professional or Personal Services. 3. Amendatory agreements for $10,000 or less to MTA contracts for Non-Personal Services. Section 2: This Resolution shall be effective immediately upon its passage. PASSED this ~:3~ay of July, 1980. APPROVED this t8nt-cl.ay of July, 1980. ~el~halrman-Of ATTEST: the Board _!J~~J Nin-~-Laurenz, ecreta APPROVED: (Substance) Executive Director wa~ APPROVED: (Form) Legal Counsel RESOLUTION NO. 80- 95 RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURE FOR FIRST CITY NATIONAL BANK OF HOUSTON PAYROLL ACCOUNT 90-06079 I HEREBY CERTIFY that at a meeting of the Board of Directors on July 23, 1980, the METROPOLITAN TRANSIT AUTHORITY, a Political Sub-Division of the State of Texas duly and regularly called; noticed and held, and at which there was present a quorum of said Board, the following resolution was unanimously adopted, to-wit: RESOLVED, that FIRST CITY NATIONAL BANK OF HOUSTON, a national banking association domiciled in Houston, Harris County, Texas (the "Bank"), is hereby authorized and directed without further inquiry to honor as genuine and authorized instruments of this corporation, any and all checks, drafts or other orders for the payment of money drawn in the name of this corporation in amounts not to exceed $3,000.00 for anyone check, draft, and/or order, and signed with the facsimile signature of the following: David A. Boggs Wayne B. Placide BE IT FURTHER RESOLVED, that this corporation assumes full responsibility for any and all payments made by the Bank in reliance upon the facsimile signature of any person named in the foregoing Resolution, and agrees to indemnify and hold harmless the Bank against any and all loss, cost, damage or expense suffered or incurred by the Bank arising out of the misuse or unlawful or unauthorized use by any person of such facsimile signature. BE IT FURTHER RESOLVED, that the Executive Director of this corporation is hereby authorized and directed to deliver to the Bank specimens of the facsimile signature of the persons above named. BE IT FURTHER RESOLVED, that the authority hereinbefore given the above named persons shall remain irrevocable so far as the Bank is concerned unless and until the Bank is notified in writing of the revocation of such authority and has, in writing, acknowledged receipt of such notification. PASSED this 23rd day of July, 1980. APPROVED this ~Y of July, 1980. ATTEST: RESOLUTION NO. 80- 95 (Page 2) APPROVED AS TO SUBSTANCE: Executive Director RESOLUTION NO. 80- 96 RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURE FOR FIRST CITY NATIONAL BANK OF HOUSTON PAYROLL ACCOUNT 90-06087 I HEREBY CERTIFY that at a meeting of the Board of Directors on July 23, 1980, the METROPOLITAN TRANSIT AUTHORITY, a Political Sub-Division of the State of Texas duly and regularly called; noticed and held, and at which there was present a quorum of said Board, the following resolution was unanimously adopted, to wit: RESOLVED, that FIRST CITY NATIONAL BANK OF HOUSTON, a national banking lJ association domiciled in Houston, Harris County, Texas (the "Bank ), is hereby authorized and directed without further inquiry to honor as genuine and authorized instruments of this corporation, any and all checks, drafts or other orders for the payment of money drawn in the name of this corporation in amounts not to exceed $3,000.00 for anyone check, draft, and/or order, and signed with the facsimile signature of the following: David A. Boggs Wayne B. Placide BE IT FURTHER RESOLVED, that this corporation assumes full responsibility for any and all payments made by the Bank in reliance upon the facsimile signature of an person named in the foregoing Resolution, and agrees to indemnify and hold harmless the Bank against any and all loss, cost, damage or expense suffered or incurred by the Bank arising out of the misuse or unlawful or unauthorized use by any person of such facsimile signature. BE IT FURTHER RESOLVED, that the Executive Director of this corporation is hereby authorized and directed to deliver to the Bank specimens of the facsimile signature of the person(s) above named. BE IT FURTHER RESOLVED, that the authority hereinbefore given to the above named person shall remain irrevocable so far as the Bank is conerned unless and in until the Bank is notified in writing of the revocatoin of such authority and has, in writing, acknowledged receipt of such notification. PASSED this 23rd day of July, 1980 APPROVED this d day of July, 1980. ATTEST: RESOLUTION NO. 80- 96 (Page 2) APPROVED AS TO SUBSTANCE: Executive Director RESOLUTION NO. 80- 97 RESOLUTION AUTHORIZING THE SIGNING OF CHECKS AT FIRST CITY NATIONAL BANK OF HOUSTON ACCOUNT NUMBER 90-06060 I HEREBY CERTIFY thatatmeeting of the Board of Directors on July 23, 1980, the METROPOLITAN TRANSIT AUTHORITY, a Political Sub-Division of the State of Texas duly and regularly called; noticed and held, and at which there was present a quorum of said Board, the following resolution was unanimously adopted, to-wit: RESOLVED, that FIRST CITY NATIONAL BANK OF HOUSTON, HOUSTON, TEXAS, be and it ishereby selected as a depository for the funds of this Corporation, that said funds shall be withdrawn from said depository on the check of this Corporation signed by two (2) of the follwoing officers of this Corporation: that any of them are authorized to endorse and cash checks and drafts for and on behalf of this Corporation: Walter J. Addison David A. Boggs Wayne B. Placide G. William Kern Marilee Wood BE IT FURTHER RESOLVED, that any of the above named officers shall be authorized to individually sign for and receive the statements and cancelled vouchers of this Corporation, or to appoint, in writing, agents to so sign for and receive such documents, and any of the above named officers are hereby further authorized to stop payment against checks of this Corporation and to bind the Corporation thereto. It is further resolved that any indebtedness created in connection with this account by any of the signing officers of the Corporation, whose signatures shall be required on checks or drafts or other orders of payment or fund transfers shall be the debt of this Corporation. BE IT FURTHER RESOLVED, that said Bank is hereby authorized to receive such drafts, checks, notes or orders so executed for the credit of, or in payment from, the payee or any other holder without inquiry in any case as to the circumstances of their issue or the disposition of their proceeds, whether drawn to the individual order of, or tendered in payment of any individual obligations of, any of the officers above named, or other officers of this Company or otherwise. BE IT FURTHER RESOLVED, that said Authority hereby conferred shall remain in force until written notice of the revocation thereof shall be received by said Bank; and that the certification of the Secretary of this Corporation as to the election and appointment of the officers so authorized to sign such checks and endorsements, as as to the signatures of such officers, shall be binding upon this Corporation. RESOLUTION NO. 80----97 (Page 2) PASSED this 23rd day of July, 1980. APPROVED this 23r a of July, 1980. ATTEST: Nl{;.vwik/ APPROVED AS TO SUBSTANCE: " Executive Director RESOLUTION NO. 80- 98 RESOLUTION AUTHORIZING THE SIGNING OF CHECKS AT FIRST CITY NATIONAL BANK OF HOUSTON ACCOUNT NUMBER 90-06052 I HEREBY CERTIFY that at a meeting of the Board of Directors on July 23, 1980, the METROPOLITAN TRANSIT AUTHORITY, a Political Sub-Division of the State of Texas, duly and regularly called; noticed and held, and at which there was present a quorum of said Board, the following resolution was unanimously adopted, to-wit: RESOLVED, that FIRST CITY NATIONAL BANK OF HOUSTON, HOUSTON, TEXAS, be and it is hereby selected as a depository for the funds of this Corporation; that said funds shall be withdrawn from said depository on the check of this Corporation signed by two (2) of the following officers of this Corporation: that any of them are authorized to endorse and cash checks and drafts for and on behalf of this Corporation: Walter J. Addison David A. Boggs Wayne B. Placide G. William Kern Marilee Wood BE IT FURTHER RESOLVED, that any of the above named officers shall be authorized to individually sign for and receive the statements and cancelled vouchers of this Corporation, or to appoint, in writing, agents to so sign for and receive such documents, and any of the above named officers are hereby further authorized to stop payment against checks of this Corporation and to bind the Corporation thereto. It ;s further resolved that any indebtedness created in connection with this account by any of the signing officers of the Corporation, whose signatures shall be required on checks or drafts or other orders of payment or fund transfers shall be the debt of this Corporation. BE IT FURTHER RESOLVED, that the said Bank is hereby authorized to receive such drafts, checks, notes, or orders so executed for the credit of, or in payment from, the payee or any other holder without inquiry in any case as to the circumstances of their issue or the disposition of their proceeds, whether drawn to the individual order of, or tendered in payment of any individual obligations of, any of the officers above named, or other officers of this Company or otherwise. BE IT FURTHER RESOLVED, that said authority hereby conferred shall remain in force until written notice of the revocation thereof shall be received by said Bank; and that the certification of the Secretary of this Corporation as to the election and appointment of the officers so authorized to sign such checks and endorsements, and as to the signatures of such officers, shall be binding upon this Corporation. RESOLUTION NO. 80- 98 (Page 2) PASSED this 23rd day of July, 1980. APPROVED this 23 ay of July, 1980. n of the Board ATTEST: APPROVED AS TO SUBSTANCE: Executive 01rector RESOLUTION NO. 80----99 RESOLUTION AUTHORIZING THE SIGNING OF CHECKS AT HOUSTON NATIONAL BANK ACCOUNT NUMBER 01-7167-0 I HEREBY CERTIFY that at a meeting of the Board of Directors on July 23, 1980, the METROPOLITAN TRANSIT AUTHORITY, a Political Sub-Division of the State of Texas duly and regularly called; noticed and held, and at which there was present a quorum of said Board, the following resolution was unanimously adopted, to-wit: RESOLVED, that HOUSTON NATIONAL BANK OF HOUSTON, TEXAS be and it is hereby selected as a depository of the funds of this Corporation; that said funds shall be withdrawn from said depository on the check of the Corporation signed by the following officers of this Corporation: that any of them are authorized to endorse and cash checks and drafts for and on behalf of this Corporation in the following manner: $0 to $1,500.00 - One Signature Over $1,500.00 - Two Signatures Tom Cody Beverly Grisby Ernest Lucas Anyone of Roy Lively David Boyd { Tom Cody Ralph Wear plus navid A. Boggs Anyone of Wayne B. Placide \ G. William Kern BE IT FURTHER RESOLVED, that any of the above named officers shall be authorized to individually sign for and receive the statements and cancelled vouchers of this Corporation, or to appoint, in writing, agents to so sign for and receive such documents, and any of the above named officers are hereby further authorized to stop payment against checks of this Corporation and to bind the Corporation thereto. It is further resolved that any indebtedness created in connection with this account by any of the signing officers of the Corporation, whose signatures shall be required on checks or drafts or other orders of payment or fund transfers shall be the debt of this Corporation. BE IT FURTHER RESOLVED, that the said Bank is hereby authorized to receive such drafts, checks, notes or orders so executed for the credit of, or in payment from, the payee or any other holder without inquiry in any case as to the circumstances of their issue or the disposition of their proceeds, whether drawn to the individual order of, or tendered in payment of any individual obligations of, any of the officers above named, or other officers of this Company or otherwise. BE IT FURTHER RESOLVED, that said authority hereby conferred shall remain in force until written notice of the revocation thereof shall be received by said Bank; and that the certification of the Secretary of the Corporation as to the election and appointment of the officers so authorized to sign such checks and endorsements, and as to the signatures of such officel's, shall be binding upon this Corporation. RESOLUTION NO. 80- 99 (Page 2) PASSED this 23rd day of July, 1980. APPROVED this 23r 1980. D ATTEST: APPROVED AS TO SUBSTANCE: RESOLUTION NO. 80- 100 A RESOLUTI ON AUTHORIZING THE APPOINTMENT OF COMPANY REPRESENTATIVES TO THE BOARD OF TRUSTEES OF THE TRANSPORT WORKERS' UNION, LOCAL 260, AFL-CIO PENSION PLAN. WHEREAS, pursuant to terms of the Transport Workers' Union Pension Plan, Local 260, AFL-CIO (the IJPlanU) between the Metropolitan Transit Authority ll and the Transport Workers· Union, Local 260, AFL-CIO (the "Union ); and WHEREAS, Section 10.01 of the Plan provides for the appointment of two (2) company representatives to the Board of Trustees of the Plan; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: Effective July 23, 1980, B. A. Robinson and Richard Drake are removed as trustees of the trust created pursuant to the plan and David A. Boggs and Thomas A. Niskala are hereby appointed as company representatives to serve on the Board of Trustees of said trust. Section 2: This resolution shall be effective immediately upon its passage. PASSED this 23rd day of July, 1980. 3rd day of July, 1980. ATTEST: ..",-.---...... _.----..... "-- APPROVED AS TO SUBSTANCE: Executive Dlr;;!9=~ RESOLUTION NO. 80- 101 A RESOLUTION AUTHORIZING THE APPOINTMENT OF TRUSTEES TO THE BOARD OF TRUSTEES OF THE NON UNION PENSION PLAN. WHEREAS, pursuant to term of the Metropolitan Transit Authority's Non-Union Pension Paln (the "Plan"); and WHEREAS, Section 10.01 of the Plan provides for the appointment of no less than three (3) nor more than five (5) persons to the Board of Trustees by the Board of Directors of the Metropolitan Transit Authority; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: Walter J. Addison, David Boggs and Thomas A. Niskala are hereby appointed as Trustees to serve on the Board of Trustees of said trust. Section 2: This resolution shall be effective immediately upon its passage. PASSED this 23~y of July 21, 1980. APPROVED this rd day of July 21, 1980. ATTEST: APPROVED AS TO SUBSTANCE: Executlve Dir~Le RESOLUTION NO. 80- 102 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FIRM OF AKIN t GUMP, HAUER &FELD FOR LEGAL SERVICES IN REGARD TO GENERAL REPRESENTATION BEFORE FEDERAL OFFICES, AGENCIES, COURTS AND PUBLIC BODIES. WHEREAS, actions taken by Congress, the Executive Office of the President, the Department of Transportation, other federal agencies and the federal courts often has a significant impact on the Metropolitan Transit Authority; and WHEREAS, due to the effect of these actions, the Metropolitan Transit Authority desires to retain legal representation and counsel before and concerning the Congress, Executive Office of the President t the Department of Transportation, and all other federal agencies, departments, divisions and other instrumentalities of the federal government; and WHEREAS, the offices of the firm of Akin, Gump, Hauer &Feld are located in Washington, D. C. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METRO POLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director be authorized to negotiate and execute and the Assistant Secretary to attest to an agreement with the firm of Akin, Gump, Hauer &Feld for legal services in regard to representation before federal offices, agencies t courts and public bodies. Section 2: The MTA shall be billed a monthly fee including a fee for services of the attorneys based upon such attorneys' standard billable hourly rates and a charge for reasonable out-of-pocket and related expenses payable proratably each month. Section 3: This resolution shall be effective immediately upon its passage. RESOLUTION NO. 80- 102 (Page 2) ATTEST: Nflnie~ APP~OVED AS TO SUBSTANCE: Executive Director Order No. 80-103 AN ORDER DECLARING THE WITHDRAWAL OF THE CITY OF FRIENDSWOOD, TEXAS AND THE CITY OF WALLER, TEXAS. WHEREAS, pursuant to Tex. Rev. Cir. St. Ann. art. ll18x Sec. 6D., the governing bodies of the Cities of Friendswood and Waller, Texas called elections within their cities on AprilS, 1980, on the question of whether the respective city should withdraw from ll the Metropolitan Transit Authority of Harris County, Texas (IIMetro ); WHEREAS, a majority of the qualified voters in both the Cities of Friendswood and Waller voted to withdraw from Metro and the results of such elections have been certified by the governing bodies of both of the cities to Metro's Board of Directors as shown in attachments "A" and liB", which attachment reflect the date of the election, the proposition voted on, the total number of votes cast for and against the proposition in each election unit and the number of votes by which the proposition was approved in each election unit, which attachments IIA II and IIB II are incorporated herein for all purposes. NOW, THEREFORE, BE IT ADOPTED BY THE BOARD OF DIRECTORS OF METRO, THAT: Section 1: The City of Friendswood be declared withdrawn from Metro effective October 1, 1980. Section 2: The City of Waller be declared withdrawn from Metro effective October 1, 1980. ORDER NO. 80-103 (Page 2) Section 3: A map of Metro clearly showing the boundaries of the authority following the withdrawal of the Cities of Friendswood and Waller is attached hereto and incorporated herein for all purposes as attachement "C". Section 4: The Secretary is authorized and directed to enter these results in the Board minutes. Section 5: The Executive Director is authorized to file a certified copy of this Order with the State Department of Highways and Public Transportation, the Comptroller" of Publ~c Accounts, and and in the Deed Records of each County in which Metro is located. Section 6: This Order is effective immediately upon its passage. PASSED this 23rd day of July, 1980. -'7 APPROVED this 2-3rd day of July, 1980. D3niel C. Arnold, Chainnan of t..'1e Board ATTEST: APPROVED AS TO SUBSTANCE: wal~~ive Director .. 109 WillOWICK-PHONE ~B2·3323 FRIENDSWOOD, TEXAS 77546 April 22, 1980 Attaclunent IIA II CERTIFIED MAIL - RETURN RECEIPT REQUESTED Board of Directors Metrvpolit~n Transit Authority P.O. R.JX 61429 duus tor., Texas 772 a8 Gentlemen: Pllrsuant to Senate Bill No. 865, the City of rrieno..., wood held an election on April 5, 19BO on th~ propcsi tion "Shall the City of rriendswood, Texas, withdra~'I/' f rom ~i1e Houston HetrOpQli tan Trans i t A~t:hI)I'i ty?" 'I'~'am:;Ini tted herewith is d. certified copy of a resolut i .)D settiw~ forth the results of that election. Sincerely, city Secretary / _~: State Dept. of Hi~lways and Public Transportation State Comptroller 1(,'; WillOWICK "II.mE ~t12 :un FRIENDSWOOD, TEXAS 77546 fI, I' I 'i 1 ;'I, I (I ~i I) Attachment "A" ," 11,),l ' .)! 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School !.J06 VJt:::.it F..dgl;:VMJd l'r·iI.;Ild:;....~ ~x1, 'l'L'XdG LIt.:c t i () J I (J I' I i L: I• I' .. : , C.Ld('eIl~t.: Whi tt::, l'('t.:tiidjug JUJg~ CoyleIlL' Whi tt:, Altt::roIU,jtt.: Pr'e:;;iJlug JuJgu Llt..!,~l il)l1 1'l'l'I'ill~L liU: IXJ\lIlJdi,j e:..; lh~ !:)dJllC d::.; Cdivestull lA)UIlty I.:lecti.ulJ 1'1\=(,; i Il~ l t) U• "I'it.:lld:;w..",JU _I..'.:.~ ! ~,i!~ l~ ~~~l~ : .Jwliof' High ::Jell,xl! II tJ/ L.J\U 'ld I'r'i 1.;11d:';Ir.\.JU<,1, '1'~XdS t:lL'cl ilill U! f IL·t.:l·...;: IL'd, Altel'1Jdte Pr'llsiding Judge The IH't.:tddiIlg judgt~ ut tll..H':}l ~l~cti(jn p.r.'~cinct shall have tilt:: aU ltlul'i ty Lo JppUiII L IlU IllLH)~ than thr~t,; (3) cl~!'ks to dtj::iis t ill 11J~ ltuldill,ll. u! ~..J.id ~.lt.:~tjUll, !Jul ill 110 evellt Dho.l.ll a. IJ1't.!- uidillgj\lJge dl'puilil I,.:~,:j lhdll twu (2) Clt::l'k::L ~: .. ~c l i ~jll ~: BuLb i t.: C. Hl.lll'y i I:i l1el'l.:by dppuinted ciS the c.:l~l'l\. t,ll' dU:;\;llt~l~ Vul iIl~ dlld MUuIlYCLlll Wr,jght is h~l't::lJY dl)i)oiJlt~J 'l't:Xd:" J..:l (:.; ( i Ull l~, .,It: ) :";<..1 i J L: 1L: 1'j, :, 1l..i 11 Ilv l l,~r'mi·t anyone to vote dU~~li ll.:l.: t... y ~t:.:l'''''Ull.J.1 ctl,!H':dl'dllC''; ull c.1I1Y J.J.y wllich is not a I't:.:eU1 ..11' w'JI"i[lt~ d,.ty l'U[' 1111": CIL:l'J.-':., utli~t:.:, ctnJ undt..::!' 110 ciI'cUIIl- tJlLJlll.:t::~; ~llul1 tilll: i't:.:l'llli l .1llyuJIU lo Vull: dU::it:htt::e by IJt:t'::loIldl ~t:cLiull tJ: Nutict:.: vI' this ~h:ctioI1 shall bt:: given in dCC0J.'c.idI1C~ wi lh Lite pr'uvisiurl~ ut the 1't..::Xdt; Election Code A. t it..~l,_· lj.u~J, dlld 1'1:.:1111 JJ:; ul :;11,'11 IIUlicc :..11.111 lJe 11I,..\1..11.: dt; ['1'\.1- v i J L: d i lIl' i II ~.J. i d ..1 I' t.i L: I c . Tilt..:: :-l.J.yul' ti!ld.ll iSt;ut:! elil I1~Ce~t;,iI'y ul'dt:.:l'U dlld wl'it~ tUl' tiu~11 L:ll.:L:LjuI1, dud !'t:!LUI'll:J of SlH..:h elt:ctioIl till.;!ll 1.11.: Illct'lt.: LII lh(.~ ci ty ~;l~L:l'L:Ld['y iUIJlIt::didtt:1y after' the closing u t LtlL l'u 1 I ti . : i (. ~: t i ()II I: ~;iJcll <.;!u\.'l iUIl shelll Le held ill ,il,.;c0L,dcl.IlCL: willi Lilt..: 'l't:X,lti tll.:-.;liuII CudL: L:Xct.;[Jl,;1t; rllu~itit:d by tht:.: l'edt::l'c.tl 'luliIlg Hitlll::i AL:t ut l~lJ~, ..1:"; (Hllt;lItl~d. h\:~::.a.:lJ MW Al'I'HuVU> lhi::i_LI il dd.y uf-1 fLue l?t-~ 1 ~!Hl. i! 7 --/ ,'/ '~i?o (!i~ 'IA ~ /.~. \. .- , I( / . b 4 d .{ - Mayor' A'1"l L. ,': .J 'I I .../;J,. ~"II' r ( I,!" / /.1 Attachment "B" April 24, 1980 ~~tropolitan Transit Authority P.O. Box 61429 !louston, Tcx~s 77208 G< '11 t l~l)(:n: Due to the fact that more than ninety (90) p(~rc~l1t of the' population of the City of \~aller resides in I.\Clller County, Texas, we were authorized under Title 28, Article llU';x, Sec tion 61.;. to hold an election on \.nthdrawing from the Hetropoli tan Transit Authority. Att:lc!l(,d plcaHc fideI ~ Cl~rti[ied copy of till! Order DC'tbr 11:',; the Result of this Special City ElC'dion. Al L ) , . RESOLUTION NO. 1) ~) - l, /' A RE~;OLU'l'10N CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A SPl~:CIAL ELJ<~CTION HELD IN THE CITY OF FRIENDSWOOD, TEXAS. ON THE 5TH DAY OF APRIL, 1980, FOR TIlE PURPOSE OF SUJ3MITTING TO THE QUALIFIED VOTERS Of THE CITY OF FRIENDSWOOD, TEXAS, THE QUESTION OF HllETllER TIlE CITY SHALL WITHDRAW FROM THE HOUSTON ~1ETH.OPOLITAN TRANSIT AUTHORITY: AND AUTHORIZING AND OIRECTING TIlE MAYOR OF THE CITY TO CERTIFY THE RESULTS OF SUCII ELECT ION TO TilE r;OVI~HN I NG BODY OF THE HOUSTON HETHOPOL1.TAN TH.ANSLT AUTHORITY. -l.: -k * * HHEREAS, pun;uant to Ci ty of Friendswood Resolution No. R2-80, passed and approved on the 11th day of FeLruary, 1980, a certifieJ copy of which is attached hereto as Exhihi t A, auu i Jl all th i ngs llIade a part her~of, a special election was held in tht: City of Friendswood, T~xas, on the 5th day of April, 19HO, fur the purpose of submitting to the qualified voters of tllu City, the following proposition SHALL THI~ CITY OF FRIENDSWOOD, TEXAS, WITHDRAW FROt-1 THE HOUSTON HETROPOLITAN TRANSIT AUTHORITY?; and \J1lEREAS, sdid ell'cLioll WdS duly and legally ealluJ and held in striet conformity with the election laws of the Slat~ of Tuxas, and tIlt' l"l,tJ\dts of sa.iJ electiun have been certi- HHEH.EAS, it appears to th~ Council, and the Council finds, that the City Secrutary has tabulated tIle results of such election and certified such tabulation to the Council, and that such tabu- lation is correct; now therefore I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Secti.on 1. The facts and recitals set forth in the pre- amble of this resolution are lwreby found to be true and correct and such preamble is lllad~ a part hereof for all purposes. Section 2. The special election described in the preamble hereof \-laS duly called and notice thereof given in accordance with law; that saiJ election was held in the manner required by law; that only duly lludlifieu resident electors of the City of Friends\vood voted i.n sai delection; that due returns o'f said election have been made by tIle proper officers; that said election has resulted favorably to the propositiol1 "FOR THE WITHDRAWAL OF THE CITY OF FRIENDSWOOD, TEXAS, FROM THE HOUSTON HETROPOLITAN TRANSIT AUTHORITY"; and that a majority of thE: qualifiull voLers of said City, voting at said election, has voted in favur of the City of Friendswood withdrawing from the llou~ton H~trilpolitall Tnmsi t Authority. .. PASS!':U ANU Al'PROV!':U this i,'{ day of q._~,'(? 1980. .,) ' /. ' , I Ii'" I . I _ A ,- ..:<1 "I • ''1! ,~J~l., Mayor 'r ,',' I q ( ATTEST: ~ I /i " •• 'I .:< // ',. , r _,~}.£..J /( (' (', ~'.. J, __ . ,,/< If• City Secretary ' /. L, APPROVED AS TO FORM: 'j r'· Cj,ty"-h:t ( ; l. . ( orney Jt. "p ,. l.l n .. ·••.H)) ORDER DECLARING RESULT OF SPECIAL CITY ELECTION 'THE STATE OF TEXAS l COUNTY OF \';.a11er & Harris \ On this the 7th day of Apri1 ____• 19 t10 _, the City Council~'l of the City of Wa] 1er of Wal]PI" & IInrri s County, Texas, convened in Special 0 session open to the public, at t!1e regular meeting place thereof at the City Hall in said City, with the following members, to-wit: llimnv ).!c').rbur~0.r Mayor ilLtin StasnY Haxie KulhLlIll'k ~/Al';~r!!'l~ll'.! ~~Alderm~n H.oy Kruft ~ld8rma.n CommlellionerlAJdorman Peggy_Reynolds CommllllionerjAlderman CIty Secretary and the following absent: t=1.:J.uricr.: llMrt t Jr. blnd Steve' llolk...- _ ---_._.- constituting a quorum, and among other proceedings passed the following order: There carne on to be considered the Returns of an election held on the 5th day of April _____, 19-1ill.., upon the prOpOsition as set forth in Order calling said election, ..nd it appearing that said election was in all respects legally held and that said Returns were duly and legally made and that there were cast at said election __--l..2L votes: FOR \.jithdrawal of the City of \-Jalh~r from -';h~_ Hctropolit.1n Transit Authoritv _1.LU.---__ Votl:l:I AGAINST Hitbdraw~l of the City of WpJ.ler £r.gtLJ.he He_tr9.po.titan _~rransit ___. _._ .. Authority __ . _ _2. 7 _._ VtJ ...·g IT IS THEREFORE FOUND, DECLARED AND SO ORDERED by the Council;.ou~'OO~mluf the ( .I of _._ .__---'\\j..:.:::'allc·r , Texas, that a majority of the lel(ally qu~litied V(lttor~. voting at said above mentioned election held on the .-.2~__. day of Apri 1 _., 19 ~ .\ •• _ J. .. J (A,.... 0, ' ". . . S'l.:\TL OF 'l1~Xe ~ COUI\iIES OF \.,TALILR & HARRIS I 1, the undersigned. City Secretnry of the City of \\1a11er, \·:aller and Harri~ COllnt ics, Tc,-;~Js) hereby certify that thl~ Dtt.:lched is ':1 full, trw..', and correct copy of the Order Dc c1aring the l{('~;ults of a Special City blection as adopted by thc City Coune i 1 of the city 0 [ \.,'a llcr on Apri1 7, 1980) Hitness my hand and seal of office the 8th day of April) 1~l;-:O. '-t''' .r·(·'c':L~ Metropolitan Transit Authority 1978 MTA AREA 1. city of Houston 2. Harris County Units 1 & 2 3. The 16 Cities marked with * ·Clear Lake Area" G.7A K::.~"ti(\n ni~tri~t~ RESOLUTION NO. 80- 104 A RESOWTI ON AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE A~ID EXECUTE A LEASE AGREEMENT WITH HOUSTON OFFICE CENTER FOR SPACE FOR ~'TAtS RADIO COMMUNICATIONS SYSTEM. WHEREAS, space is needed to house MTA1s new radio communications system; and WHEREAS, space has been located near the offices of MTA's Operations Department; and WHEREAS, MTA currently leases office space from Houston Office Center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director be authorized to negotiate and execute and the Assistant Secretary to attest to an agreement with Houston Office Center for space to house MTA's radio communications system. Section 2: Lease shall be for 1,378.14 sq. ft. effective July 15, 1980, and an additional 1,306.85 sq. ft. effective August 4, 1980 for a total of 2,684.99 sq. ft. Section 3: ~onthly rental rate shall be $2,039.47. Total cost through June 30, 1981 shall be $23,328.01. Section 4: This resolution shall be effective immediately upon its passage. PASSED this 23rd day of July, 1980. APPROVED this rd day of July, 1980. ATTEST: ~~ RESOLUTION NO. 80- 104 (Page 2) APPROVED AS TO SUBSTANCE: ~ RESOLUTION NO. 80- 105 A RESOLUTION AUTHORIZING THE EXECU1ION OF AN AGREEMENT WITH ASTRODOME-ASTROHALL STADIUM CORPORATION FOR LEASE OF THE PARKING AREA TO CONDUCT ~1ETRO I S FIRST ANNUAL ROAD-EO. WHEREAS, the Metropolitan Transit Authority plans to conduct its First Annual Road-eo on July 26, 1980 and July 27, 1980; and WHEREAS, finals of the Road-eo shall be conducted on August 15, 1980 and August 16, 1980; and WHEREAS, the Astrohall parking area has been found to be the most appropriate location for conducting the Road-eo. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ~1ETROPOLITAN TRANSIT AUTHORITY THAT: Section 1: The Executive Director, or his designated representative, be authorized to execute and agreement with the Astrodome-Astrohall Stadium Corporation for lease of the parking area to conduct Metro's First Annual Road-eo. Section 2: Lease term of the agreement shall be from Saturday, July 26, 1980; Sunday, July 27, 1980; and Saturday, August 16, 1980. Section 3: Total cost shall be $1.00. Section 4: This resolution shall be effective immediately upon its passage. PASSED this 23rd day of July, 1980. APPROVED this 23rd ~~f July, 1980. ~.~4<\ RESOLUTION NO. 80- 10£ (Page 2) APPROVED AS TO SUBSTANCE: Executive Director