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HomeMy WebLinkAbout2008-03-11-9:00AM-REGULARBR NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 11 MARCH 2008 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for citizen's input and/or concerns. 3. Presentation by David K. Young regarding Brazos County's Flexible Benefits Plan. Consider and take action on agenda items 4 -19: 4. Budget Amendment 07/08-21.1 thru 07/08-21.3. 5. Personnel Change of Status. 6. Payment of Claims. 7. Revisions to the Brazos County Hotel Occupancy Tax Order 07-003 (previously tabled. 8. Request from a retired County employee for reimbursement of medical expenses from his flexible spending account that were incurred and submitted for reimbursement after his date of retirement. 9. Appointment of the David Patterson with BVCASA to the Brazos Valley Council of Governments' Criminal Justice Advisory Committee for 2008. Office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 V L d(o FA.' v25+ Commissioners Court Agenda 11 March 2008 Page 2 10. Interlocal Agreement with the City of Bryan and Bryan Independent School District for the BUILD initiative, allowing for the transfer of real property, without the requirements of notice and bidding, as part of an infill re-development cooperative initiative. 11. Contract with The Eagle for classified line ads. Term of this contract 1 March 2008 to 1 March 2009. 12. Commissioners Court minutes for the following 2007 dates: a. 2 Oct. Regular Meeting e. 16 Oct. Regular Meeting b. 9 Oct. Regular Meeting f. 23 Oct. Regular Meeting c. 9 Oct. Workshop Session g. 30 Oct. Regular Meeting d. 15 Oct. Intergovernmental Meeting 13. Tax Refund Applications for the following: a. Cecil C. Rhodes Jr. & Janice b. Appliance Warehouse of America c. Lillie Mae Taplin Brown d. Dorothea V. Faubion e. Grace Liu f. Frankie R. & Karen M. Hillyard g. Michael Love, et.al (4) h. Maria L. Martinez 14. Establish the date and time for a Public Hearing to consider the abandonment of a subdivision located in Precinct 2. 15. Renewal of the Annual Contract with The Steamery for carpet cleaning services; term of this agreement is 15 March 2008 through 14 March 2009. 16. Amended Policy and Procedures Manual for County owned credit cards and credit accounts. 17. Requisition 00018180 in the amount of $21,045.31 to GT Distributors for vehicle equipment for the 2008 Sheriff's Office vehicles. 18. Requisition in the amount of $14,150.00 to Britt Rice Construction for the enclosure of the outside pavilion at the Brazos Center. 19. Acceptance of Saddle Brook Subdivision into the Brazos County road maintenance system; the road (Wagonwheel Road) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. 20. Announcement of interest items and possible future agenda topics. 21. Call for citizen input and/or concerns. 22. Agency / Board / Committee reports by Court members. 23. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. TTor/►o make arrangements, call (979) 361-4102. L ~ b ~ ~ rid L P COMMISSIONERS' COURT REGULAR MEETING MARCH 11, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, March 4, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The Reverend Jones gave the invocation and then the County Judge led the pledge of allegiance. There was no citizen input/and or concerns. The Court next heard a presentation by David K. Young, TPA of the County's Flexible Benefits Plan. He spoke on what the IRS expects from the Plan Sponsor/Employee to administer the plan according to the written plan document and how working outside the plan document can disqualify the plan for tax purposes under Section 125 of the IRS Code. Vol 1049 Page 12 S/w I Commissioners Court meeting March 11, 2008 2 The Court next considered Budget Amendment #07/08-21.1 through 21.3 that would reallocate funds for the Brazos Center, Capital Projects Commissioners Court and County Records Management Fund. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendments as submitted. A copy is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, 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: 7047368 through 7047614 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was to consider approving revisions to the Brazos County Hotel Occupancy Tax Order 07-003 providing for the Collection of Two Percent Hotel Occupancy Tax adopted August 28, 2007. On motion by the County Judge, seconded by Commissioner Mallard, the Court Vol lb b Page )57 Commissioners Court meeting March 11, 2008 3 voted unanimously to remove this item from the agenda. The next matter before the Court was consideration of a request from a retired County employee for reimbursement of medical expenses from his flexible spending account that were incurred and submitted for reimbursement after his date of retirement. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to deny the request. The Court next considered the appointment of an individual to serve on the Brazos Valley Council of Governments Criminal Justice Advisory Committee for 2008. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to appoint David Patterson representing BVCASA to the Criminal Justice Advisory Committee. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County, the City of Bryan, and the Bryan Independent School District for the sale or transfer of real property acquired by a municipality to certain non-profit entities engaged in developing housing for low income individuals and families to promote community based revitalization. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. On Vol 160 Page j!5 8 Commissioners Court meeting March 11, 2008 4 motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to enter into an Interlocal Agreement with the City of Bryan and the Bryan Independent School District for the transfer of certain abandoned and vacant lots and structures acquired thorough the delinquent tax foreclosure process to non-profit entities engaged in developing housing for low income individuals and families to promote community based revitalization. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and The Eagle for classified line advertising. The cost is $.80 cents per line per day beginning March 1, 2008 and to expire on March 1, 2009. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to enter into contractual agreement with The Eagle. A copy of the contractual agreement is attached. The Court next considered approval of the minutes of the Commissioners' Court meetings held in October 2007 on the following dates: Regular Meetings - 2nd, 9th, 16th, 23rd, 30th Workshop - 9th Intergovernmental Meeting - 15th Vol 16(a Page S_5 Commissioners Court meeting March 11, 2008 5 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Cecil C. Rhodes Jr. & Janie, over payment $155.00 b. Appliance Warehouse of America, over payment $766.73 c. Lillie Mae Taplin Brown, over payment $40.00 d. Dorothea V. Faubion, over payment $5.22 e. Grace Liu, over payment $116.93 f. Frankie R. & Karen M. Hillyard, over payment $64.15 g. Michael Love, et.al (4), over payment $19.30, $6.14, $17.64, $123.92 h. Maria L. Martinez, over payment $176.94 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered setting the date and time for a Public Hearing to consider the abandonment of a subdivision named Grandview Estates consisting of 18.90 acres of land more or less, being Block 1, Lots 1 through 11 and Block 2, Lots 1 through 3 and located in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to designate Tuesday, April 8, 2008 at 10:00 a.m. in the Commissioners Courtroom as the date and time for the Public Hearing. Vol 0~ Page "060 Commissioners Court meeting March 11, 2008 6 The next matter before the Court was consideration of a request from the Purchasing Department to renew the annual contract for carpet cleaning with The Steamery for an additional year. The vendor has indicated that there will be no price increase. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request to renew the annual contract for carpet cleaning. The Court next considered the proposed amended policy and procedures for County owned credit cards and credit accounts. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the proposed amended policy. A copy is attached. The next matter before the Court was consideration of requisition 00018180 in the amount of $21,045.31 to GT Distributors for vehicle equipment for the 2008 Sheriff's Office vehicles. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the requisition. The Court next considered a requisition in the amount of $14,150.00 to Britt Rice Construction for the enclosure of the outside pavilion at the Brazos Center. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to the requisition. Vol /0- Page ~2 & I Commissioners Court meeting March 11, 2008 7 The Court next considered acceptance of Saddle Brook Subdivision into the Brazos County Road Maintenance System. Wagonwheel Road and the drainage structures are in compliance with Brazos County Subdivision and Development Regulations. The site is located in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the road and drainage structures in Saddle Brook Subdivison. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 1 Page r - &'A The foregoing minutes of the Commissioners Court meeting held March 11, 2008 have been examined and are approved in open Court this the lqt~- day of 2008, in Bryan, Brazos CQunty,_Texas. Randy Sim County dge 1 Duane Peters Commissioner, Precinct 2 - ~a~k Lloyd W ssermann Commissioner, Precinct 1 i~--_ZQnny Mall Comma s_ione , Precinct 3 Carey Ca y, r. Commissi ner, Precin t 4 Attest: JY C / ~L~fiYFifL- G Karen McQueen County Clerk Vol 10~ Page a ~3 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON MJA-elf- I (i 2008 AT T co yflpt Speaking Name Organization/Department f ev7wr Z (Ila &A)r4 -r H V o ,j . - z I hla0'" QQ tt kt 11 k",- BRAZOS COUNTY COMMISSIONERS COURT Oo ~ MEETING ON / Y 1 aA-04.4I 2008 AT I !.i ~k Me 0w r W7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-21.1 thru 07/08-21.3 On this the 11 th day of March 2008 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 11 March 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1 I th day of March 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 21.1 3/11/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 59100000 CR DDEA 14,150.00 0100 36500100 65050000 DR Building Maintenance Supplies 14,150.00 Brazos Center: To reallocate funds to provide funds to enclose the pavilion which will then be used to store landscape eauioment. Department Approval Date Prepared By: ifj Date: 3/5/2008 County JuAe Approval Wo'~-' e VL`111 t a bl BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 21.2 3/11/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 8021 1000 CR Computer Software 50,000.00 4500 63000500 80890000 DR Building Renov. - Admin 50,000.00 Capital Projects - Commissioners' Court: To reallocate funds for estimated expenditures. T he funding for Timekeeping software/keypads pro-ct will be appropriated in the Count Records Mana ement and Preservation Fund. Department Approval Date 1L7 Prepared By: ifj Date: 3/5/2008 County Ju a Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 21.3 3/11/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1900 50000100 72590000 CR Professional Fees - Other 50,000.00 1900 50000100 80211000 DR Computer - Software 50,000.00 County Records Management Fund To appropriate funds for the Timekeeping software/keypads project previously budgeted in the Capital Improvement Fund. The time kee in software is part of the County's effort to record and manage records in a more eff icient manner. De artment Approval Date Prepared By: ifj Date: 3/512008 County J Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 11, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests .J Department Submitting Employee Request Action Requeste- Request(s) Applies To County Clerk Green, Kim Promotion District Attorney Saenz, Crystal Resignation District Clerk Michael, Mary Resignation Road & Bridge Hinton, Kimberlyn N. Promotion SO/Jail Knighton, Tracy M. New hire Tax Office Lucero, Jessica New hire Ott, Carrie L. New hire Approved in Commissioners' Court: March 11 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) INTERLOCAL AGREEMENT BY AND AMONG THE CITY OF BRYAN, TEXAS, COUNTY OF BRAZOS, TEXAS AND THE BRYAN INDEPENDENT SCHOOL DISTRICT This Agreement (the "Agreement") is entered into by and among the City of Bryan, Texas (the "City"), the County of Brazos, Texas (the "County") and the Bryan Independent School District (the "District") hereinafter collectively referred to as the "Taxing Entities", pursuant to Chapter 791 of the Texas Government Code, The Interlocal Cooperation Act. A. Purposes 1. There exists in the City an undesirably large number of vacant or abandoned lots, improved and unimproved, suitable for residential development. 2 The continued proliferation of vacant and abandoned lots in the City constitutes a blight on affected neighborhoods, encourages crime, and generally is detrimental to the health, safety, and welfare of the community. 3. The expenditure of public funds and resources is required to maintain such vacant and abandoned lots to minimize the aforementioned negative effects. 4. Such lots further fail to generate the maximum potential property taxes that could be realized through planned redevelopment of such lots. 5. There exists in the City a shortage of safe, decent and sanitary affordable housing for low and moderate income persons. 6. Many of the abandoned or vacant lots and structures in the City are ideally situated for development of safe, decent and sanitary affordable housing due to their proximity to established neighborhoods, services and public infrastructure. 7. Redevelopment of such lots would enhance their taxable value while also enhancing the taxable value of property in the surrounding neighborhoods. 8. Many of the vacant or abandoned, lots in the City were acquired through the delinquent tax foreclosure process with little prospect for redevelopment. 9. The City has identified certain abandoned and vacant lots and structures acquired through the delinquent tax foreclosure process as presenting an immediate opportunity for development of safe, decent and sanitary affordable housing. 10. Section 253.010 of the Texas Local Government Code authorizes municipalities to provide for the manner in which any real property acquired by a municipality may be sold or transferred to certain non-profit entities engaged in developing housing for low income individuals and families to promote community based revitalization. Page 1 of 6 a 7 J 11. Section 253.011 of the Texas Local Government Code authorizes municipalities to transfer real property, without the requirements of notice and bidding, to non-profit organizations in furtherance of a public purpose within the municipality. 12. Section 272.001(g) of the Texas Local Government Code authorizes political subdivisions of the State of Texas to acquire or assemble interests in real property and sell, exchange, or otherwise convey said real property interests to individuals, corporations, partnerships, or other legal entities for the development of low or moderate income housing, on such terms and conditions and for such value as shall serve the public interest. 13. In accordance with the above provisions, the City has created a program for placing presently identified and future suitable lots which have been or may be acquired through the delinquent tax foreclosure process into a trust to be administered by the City to afford qualified low and moderate income persons, or those that will sell to such persons, the opportunity to purchase said lots, participate in other grant and loan programs, and construct new safe, decent and sanitary affordable housing on the lots, thereby alleviating neighborhood blight and related negative secondary effects, reducing public expenditures for maintaining such lots, enhancing the tax base for the City, the County and the District, and generally improving the health, safety, and welfare of the residents of the City, the County and the District. 14. The Taxing Entities find and determine that the activities authorized hereunder promote and serve a public purpose by providing an efficient mechanism for returning deteriorated or unproductive properties to the tax rolls, enhancing the value of ownership to the surrounding properties, and improving the safety and quality of life in deteriorating neighborhoods. B. Terms and Conditions In consideration of the mutual benefits and obligations stated herein, the Taxing Entities agree as follows: 1. Eligible Lots. For the purposes of this Agreement, "Lot" or" Lots" shall mean a tract, City lot, or other parcel of real property, whether identified by formal survey, lot and block in a platted subdivision, or identified by a metes and bounds description, or otherwise, which now or subsequent to the date of this Agreement: a. is located within the boundaries of the City of Bryan, Texas, as those limits currently exist or shall hereafter be amended; and, b. is vacant and if a structure is located thereon, the structure is or has been unoccupied and abandoned, as the terms vacant and abandoned are defined under the Texas Tax Code; and, c. is located in an area zoned to permit residential uses, pursuant to the zoning ordinance of the City of Bryan; and, Page 2 of 6 2 VOL I Ob PAP~E d. has been lawfully acquired through foreclosure by representatives of the Taxing Entities for delinquent ad valorem taxes pursuant to the Texas Tax Code; and, e. has been or is eligible to be struck off to a trustee following a Sheriffs Sale in accordance with the Texas Tax Code, and the property has not sold pursuant to Section 34.001 of the Texas Tax Code; and, f. the maximum period of time for redemption of said property according to the Texas Tax Code has passed since the date of the Sheriff s sale. 2. Creation of Trust. From and after the date of this Agreement, the Taxing Entities covenant and agree the City shall be the Trustee on behalf of itself, and the other Taxing Entities, for all Lots as the same are defined herein. a. For and consideration of the other Taxing Entities transferring said Lots to the City as Trustee, the City agrees to create a program for placing said Lots into a pool of lots eligible for the development of safe, decent and sanitary affordable housing for low and moderate income persons as determined by the City under applicable programs, laws, rules and guidelines administered by the City. b. The City covenants and agrees that the Lots for which it shall be named and designated Trustee in accordance with this Agreement shall be used and utilized exclusively in the programs as described herein, and for no other purposes and subject to applicable laws. C. For purposes of enforcing any liens or other foreclosable interests, e.g., deed of trust lien, vendor's lien, use restrictions, established by the City as a condition of conveyance to any third party, the City may designate a person as a trustee or substitute trustee for such limited purpose. d. As Trustee for the Lots, the City shall establish policies and procedures acceptable to the Taxing Entities, ensuring that Lots are available to both private and non-profit entities that meet the eligibility requirements for building affordable housing under this Agreement. Such policies and procedures will be applied to provide all eligible participants an equal opportunity to purchase Lots. Without limiting possible methods for disposing of Lots, the City may use methods such as a lottery, rotating lists or similar random methods of determining how eligible participants may be selected to purchase a Lot. 3. Limited Power of Attorney. In order to facilitate the City's implementation of its program, the Taxing Entities hereby appoint the City as attorney-in-fact for each of them and give to the City, with respect to each Lot, the following powers: a. the power to enter into earnest money contracts, sales, contracts, or similar real estate agreements necessary and incidental to implementing the programs; Page 3 of 6 b. the power to enter into agreements with persons and/or private, public and non-profit entities to effectuate the purposes of this Agreement and the City's programs; C. the power to convey said Lots without the accompanying approval of the other Taxing Entities; d. the power to execute and deliver any and all legal instruments relating to the conveyance of the Lots, including, but not limited, to special warranty deeds, binding each Taxing Entity with vendor's liens retained or disclaimed as applicable or transferred to a third party lender, affidavits, notices, waivers, designations, and other instruments incident to the transfer of said property or as required by the City's programs; e. the power, to the extent permitted by law, to defend, indemnify and hold harmless on behalf of all the Taxing Entities any authorized agent or employee of the City acting in good faith under this power of attorney; f. the power to do everything and sign everything necessary or appropriate to transfer the Lots in accordance with this Agreement and the City's programs; and g. the power to consent to the sale of the Lots pursuant to Texas Tax Code Section 34.01 or other applicable laws. 4. Revocation of Power of Attorney. The limited power of attorney afforded the City by the terms and provisions of this Agreement is to be construed and interpreted as a limited power of attorney relating only to the transactions and purposes set forth herein. As to any Taxing Entity, this Agreement and accompanying power of attorney may be revoked as to said Taxing Entity voluntarily by providing thirty (30) days' advance notice to the other parties hereto, followed by written revocation entered of record in the offices of the County Clerk of Brazos County, Texas. 5. Bond. The City shall not be obligated to furnish bond or other certificate and shall not be entitled to compensation for the services rendered herein. 6. Consent. The Taxing Entities do, by execution of this Agreement, hereby ratify and confirm all that City shall lawfully do or cause to be done by virtue of this Agreement, the accompanying limited power of attorney, and the City's programs and the rights and powers granted herein and all actions necessary to complete any transaction pursuant to this Agreement. 7. Lots Subject to Rikht of Redemption. Although it is the intent of the Taxing Entities that no Lots shall be sold unless the period for any right of redemption has expired, all Lots sold shall, nonetheless, be subject to any right of redemption. 8. Deed Restrictions. All deeds of conveyance for any Lot shall contain such restrictions as the City determines necessary to ensure the use of the Lot in a manner consistent with the purposes of this Agreement and the affordable housing programs and policies of the city. Page 4of6 ,i 4 C. Miscellaneous Terms 1. Authori . Each individual executing this Agreement on behalf of any of the Taxing Entities has been granted full power from the governing body of each entity, and the individual executing this Agreement certifies that he or she executes it only after ratification by each of the Taxing Entities, who in turn have acted only after due notice and action of the full governing body of each Taxing Entity. 2 City Responsible for Program Costs. All obligations under this Agreement related to the creation of any trust and the maintenance and resale of Lots held in trust by the City and requiring the expenditure of funds shall be the sole responsibility of the City. 3 Term. That the term of this Agreement shall be for one (1) year, automatically renewable on the anniversary date hereof for an additional four (4) one year terms, unless terminated earlier by agreement of the Taxing Entities or by any one of them filing a revocation of power of attorney as provided above. 4. Notices. Any and all notices and invoices which may be required under the terms of this Agreement shall be mailed to the Taxing Entities at the addresses indicated below or at such future address as may be provided in writing: City of Bryan Attn: City Manager P.O. Box 1000 Bryan, Texas 77803 Brazos County Attn: County Judge 300 E. 26th Street, Bryan, Texas 77803 Bryan Independent School District Attn: Superintendent 101 North Texas Avenue Bryan, Texas 77803 5. Amendment. This Agreement may be amended only by the mutual written consent of all parties. 6. Assignment. This Agreement shall be restricted to the City, the County and the District. The rights, privileges and responsibilities pursuant to this Agreement are specifically prohibited from assignments to agents, contractors and/or franchisees performing services on behalf of the principals of this Agreement. Page 5 of 6 5 7. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 8. Cooperation. The Taxing Entities covenant and agree to cooperate in executing all such further instruments and take such further action as may be reasonably required by any of them to fully effectuate the terms and provisions of this Agreement and the transactions contemplated herein. SIGNED to be effective the 10 day of K I') i , 2008. CITY OF BIB AN D. Mark Conlee, Mayor ATTEST: ary Lynne tratta, City Secretary County Braz 3/~, Randy S' s, County Judge ATTE T: APPROVED AS TO FORM: X- 21 Ja is K. Hampton, City Attorney BRYAN INDEPENDENT SCHOOL DISTRICT Merrill Green, es ent Board of Trustees ATTEST: ar as ,0e&etafF-- Board of rustees APPROVED AS TO FORM: Tina Snelling, Attorney Page 6 of 6 6 Mar. 6. 2008 3:18PM EAGLE The Eagle CLASSIFIED LINE AD CONTRACT No, 3676 P. 1 #l( BRAZOS COUNTY Advertiser) agree to publish a minimum of 8 lines per issue in the Eagle at a rate of .80 cents per line per day beginning March 1. 2008 and to expire an 12 months, Bryan/College Station n March 1. 2009 for Advertiser understands this contract will automatically renew for a like period of time, unless canceled, in writing, 30 days prior to the expiration of the current contract, by either party. Advertiser further understands that failure to meet requirements of contract publication days, minimum lines daily; will result in forfeiture of contract and all ads billed at open rate. The advertiser will be guaranteed a set price per line for the contract period without regard to the number of lines/inches run. This contract rate is based on nine column format. A carrying charge of 1 per month will be charged on all accounts not paid in full by the le day of the month following advertising insertion. The Advertiser also covenants to pay all costs incurred by The Eagle enforcing this Contract, including collection and attorney's fees (up to 50% of the amount in default) should the Advertiser default in payment. For value received, Advertiser assigns to The Eagle all rights, title and interest to all layouts of advertisements placed with The Eagle which represent the creative effort of the newspaper and/or utilization of its own illustrations, labor, composition or material. Advertiser understands that because of said assignment, he/she cannot authorize photographic or other reproduction of any such advertising layout appearing in The Eagle in any other publication without the written consent of The Eagle. It is further understood that this assignment does not preclude Advertiser from supplying to other publications similar identical material or information for production of advertisements by such publications or from suggesting the content or form such advertisements. If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the Publisher shall have the right to revise this Contract so as to prorate the available space on an equitable basis. (Please print or type this section) ADVERTISER: BRAZOS COUNTY ACCT: 01102223 Address: 00 EI7'6TH YAK TX 77803 Signed by: Title: Print Name ~~i1` Persons authorized to place ads -X For The Eagle: (Marketing Consultant) Joy K. Richards (Director of Advertising) Ron Lee (Date of approval) RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to extend Annual Contract for carpet cleaning, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning March 15, 2008, through March 14, 2009. THE STEAMERY Authorized Signature BRAZOS COUNTY Sims, County Judge Id , -r -~g Date 1~)4 Date APPROVED: BRAZOS COUNTY, TEXAS COUNTY OWNED CREDIT CARDS POLICY AND PROCEDURES - AMENDED March 11, 2008 BRAZOS COUNTY, TEXAS POLICY AND PROCEDURES MANUAL COUNTY OWNED CREDIT CARDS AND CREDIT ACCOUNTS Date: Amended: Amended: Amended: Amended: Authorized By: January 23, 1995 June 9, 1998 October 1, 2000 January 15, 2008 March 11, 2008 Commissioners' Court STATUTORY BASIS Section 262.011 of the Local Government Code states in part "(1)The county purchasing agent may have assistants to aid in the performance of the agent's duties. A person who is authorized by the county purchasing agent to use a county purchasing card while making a county purchase is considered an assistant of the county purchasing agent to the extent the person complies with the rules and procedures prescribed for the use of county purchasing cards as adopted by the county purchasing agent under Subsection (o). The county purchasing agent and assistants may have any help, equipment, supplies, and traveling expenses that are approved and considered advisable by the board that appointed the agent." "(o) The county purchasing agent shall adopt the rules and procedures necessary to implement the agent's duties under this section subject to approval by the commissioner's court. Notwithstanding Subsection (f) or other law, rules and procedures adopted under this subsection may include rules and procedures for persons to use county purchasing cards to pay for county purchases under the direction and supervision of the county purchasing agent." PURPOSE This policy establishes the rules and procedures for use of county purchasing (credit) cards and credit accounts as authorized by the Local Government Code and the Commissioner's Court of Brazos County. This policy establishes both responsibility and accountability for the use of these cards as well as standardization of the methods to be used for payment of these expenditures. As provided for in Vernon's Texas Codes Annotated, the Commissioner's Court has the expressed oversight responsibility for all credit cards and credit accounts in the name of Brazos County and will be responsible for the distribution and use of the cards. Commissioner's court delegates this responsibility to the Brazos County Purchasing Agent. i~ 79 BRAZOS COUNTY, TEXAS COUNTY OWNED CREDIT CARDS POLICY AND PROCEDURES -AMENDED March 11, 2008 Each department authorized by Commissioner's Court to have all purpose credit cards may be issued up to eight credit cards, depending upon departmental needs. The elected official or department head is responsible for determining the number of credit cards needed. The County Depository will issue these authorized credit cards in the manner dictated by the agreement with the County. 1. CREDIT CARD INVENTORY One person within each department will be designated by the department head as the credit card custodian to oversee the credit cards. The custodian will maintain current records indicating employees assigned credit cards as well as the card number assigned to each employee. Each card requires an employees name and signature on the back. The Department may designate an employee as custodian of a specific card if the department determines that continuous possession is required for the proper performance of the employee's job duties. It is the employees responsibility to present the card upon request of the Purchasing Agent or County Auditor. In the event the credit card is issued to a department head or elected official, it is expected that the card will remain in the individual's possession or under their direct control and be presented upon request. 2. USE OF CREDIT CARDS The all purpose credit cards may only be used on out of town trips for Brazos County business except as outlined in Sections 3, 4 and 5. The following types of purchases are generally acceptable for credit card use: (a) Hotel and meal expenses for travel and training (b) Gas for out of town travel in departmental cars or vans (c) Gas for rental car travel. (d) Securing travel arrangements Expenses NOT acceptable for credit card use: (a) Tips (b) Alcohol (c) Room service (d) Entertainment (e) Clothing or supplies (f) Registration for training (g) In room pay-per-view movies (h) Telephone purchases of any type (i) Purchases within Brazos County 0) Food at gas stations or drive-in groceries (k) Any other purchases not approved in advance by the department head. 1_bt ado BRAZOS COUNTY, TEXAS COUNTY OWNED CREDIT CARDS POLICY AND PROCEDURES - AMENDED March 11, 2008 3. CREDIT CARD PURCHASES BY INFORMATION TECHNOLOGY Occasionally it becomes necessary for technological purchases such as software to be purchased through an online vendor because the vendor either does not accept purchase orders or the delivery/acquisition of the item is doubtful unless a credit card is used. These purchases may only be made through the Information Technology department and only after the I.T. department has prepared an itemized requisition detailing the items to be purchased and indicating Commissioner's Court as the approval group. Upon conversion of the requisition to a purchase order the Information Technology department may use the credit card issued to the Director of I.T. to complete the purchase online. The Director of I.T. is responsible for the oversight and safekeeping of the credit card. The I.T. department is responsible for ensuring that a receipt is printed and submitted for payment within 2 days of the purchase as outlined in Section 6. 4. CREDIT CARD PURCHASES BY RISK MANAGEMENT The County has determined that there is a need to process security background checks and online training for the Risk Management department. The credit cards may only be utilized for these services by the Risk Manager and only after the Risk Manager has obtained a purchase order to the credit card company for the acquisition of the service. After the service is performed the Risk Manager is responsible for printing a receipt, attaching the receipt to a copy of the purchase order and sending the payment to the Auditor's office promptly for payment. 5. URGENT PURCHASES Occasionally a department may find that they have a need to use the County credit card for an urgent situation that is not a County wide emergency. Examples include travel arrangements required for a witness to be at court within a limited time frame, or a purchase required to fulfill a statutory duty that is time sensitive. Examples do not include purchases made urgent by a departments' lack of planning. In these instances, the department is required to obtain a purchase order to the credit card company and obtain permission (by initialing the purchase order) for the purchase either from the County Judge or one Commissioner. 6. DISTRIBUTION OF CHARGES When traveling with a credit card, the employee is required to retain all credit card receipts and corresponding tickets. Upon return, the employee must turn the receipts and corresponding tickets in to the custodian for preparation of a payment authorization within two (2) working days. Payment authorizations should then be prepared and turned into the Auditor's office on a weekly basis. BRAZOS COUNTY, TEXAS COUNTY OWNED CREDIT CARDS POLICY AND PROCEDURES - AMENDED March 11, 2068 The Brazos County Commissioners' Court, on March 11, 2008, adopted the following policy and procedures. This policy replaces and supersedes any previous County policy regarding the use of County owned purchasing (credit) cards. ,fj;, /doy- Date Establishment and authorization for all County credit accounts must be made through the Purchasing Agent. Credit accounts and purchases not contemplated by this policy are unauthorized and all payments associated with such accounts will be denied by the County Auditor and placed on the Commissioner's Court agenda for determination of public purpose and approval. Employees who have credit card privileges are personally responsible for all charges associated with the credit card. The County will not be responsible for any late charges and/or interest charged to the card. Responsibility for such charges will fall to the party responsible for their creation. Employees are encouraged to follow this policy and provide receipts and corresponding tickets promptly for payment of said charges. Interest charges incurred by a department neglecting to submit payment authorizations in a timely fashion will be the personal responsibility of the department head. Finance charges incurred; as a result of delays in processing the requisitions will be borne by the department responsible for the delay. Employees using a credit card for purchases that are subsequently deemed to be an inappropriate use of departmental funds will be responsible for payment of said charges and will be disciplined within departmental guidelines. The Commissioners' Court will determine the final decision of appropriate or inappropriate use. An employee who uses a departmental credit card illegally may be terminated from employment and the matter will be referred to the appropriate prosecutor's office for possible criminal charges. Each department that has received authorization for the use of credit cards is responsible for developing departmental guidelines and for developing procedures to establish guidelines to govern "emergency" situations. All guidelines must be on file with the County Auditor's office. B. ALL-PURPOSE AND FUEL COMPANY CREDIT CARDS Each department wishing to have an all-purpose County credit card must present a request to Commissioner's court that specifies the expected use of the card (within this policy) and the requested limit. BRAZOS COUNTY, TEXAS COUNTY OWNED CREDIT CARDS POLICY AND PROCEDURES - AMENDED March 11, 2008 C. WAL-MART CREDIT CARDS Wal-Mart requires the County to have a credit card account for purchases in addition to a County purchase order. The Wal-Mart credit cards are maintained by the Purchasing Department and can be checked out for a 24 hour period by a department by presenting either a blanket or itemized purchase order. In some instances the Purchasing Agent may determine that a department has sufficient purchasing needs to warrant departmental possession of a Wal-Mart credit card. All Wal-Mart purchases shall be submitted for payment within 5 days of purchase and should include the original receipt as documentation of the purchase. D. CREDIT APPLICATIONS Periodically the County may choose purchase goods or services from a vendor than does not accept purchase orders without a credit agreement. All such credit agreements are to be completed by the Purchasing Department and signed by the County Judge. ~b~ _X83