HomeMy WebLinkAbout2008-04-01-9:00AM-REGULARBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 1 APRIL 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 - Commissioner Wassermann.
2. Call for citizen's input and/or concerns.
3. Presentation by the District Clerk updating the Court on the NACo Prescription
Discount Card Program.
Consider and take action on agenda items 4 - 26:
4. Budget Amendment 07/08-24.1 thru 07/08-24.2.
5. Personnel Change of Status.
6. Payment authorization in the amount of $685.12 to the City of Bryan for the repair of
damages to a Bryan Police Department patrol vehicle caused by Juvenile Service's
sally port gate. A purchase order was obtained for the body shop instead of the City of
Bryan.
7. Payment of Claims.
8. Resolution 08-005 clarifying that the Brazos County Drug Court was established under
the Texas Health and Safety Code, designating the Drug Court Magistrate or Judge to
administer certain funds collected and/or donated for drug court, establishing the use
for drug court funds, and authorizing the expenditure policy for drug court funds.
Office of the County Judge • 300 East 26" St. • Suite 114 . Bryan, Texas 77803 • Fax: (979) 361-4503
V01)CL7 PAGE
Commissioners Court Agenda
1 April 2008
Page 2
9. Resolution 08-006 declaring 6-12 April 2008 as County Government Week in Brazos
County.
10. Revisions to the Brazos County Hotel Occupancy Tax Order 07-003.
11. Proclamation 08-003 declaring 5 April 2008 as Don't Mess With Texas Trash-Off Day,
and urging all citizens to participate in this important event.
12. Contracts with the following community service agencies for FY08:
a. Children's Museum of the Brazos Valley
b. Dispute Resolution Center
13. Change in the County's mileage reimbursement rate from $0.485/mile to $0.505/mile,
raising the County's reimbursement rate to match that currently used by the State of
Texas.
14. Application with the City of Bryan for the abandonment of an alley; abandoned right-
of-way will be utilized for future parking along Washington Avenue upon develop of
property.
15. Tax Refund Applications for the following:
a. Aaron D. Bales
b. Kena Saeb Chavez
c. Russell & Margaret Davis
d. Robert R. Dotson
e. Jerome J. & Jaye E. Congleton
f.
4H Development L.L.C.
g.
Mark Andrew Hudson
h.
Texas Auto Sales
i.
Kenneth Wilson
16. Request from the Pct. 1 Justice of the Peace for permission to purchase a computer
from the JP Technology Fund for his office's front counter. Estimated cost is $720.10.
17. Permission to add Amy Holloway with Avalanche Consulting Co. to Brazos County's
list of exemptions from competitive bidding for fiscal year 2008-2009 as per Statute
262.024(a)(4).
18. Requisition 00018366 in the amount of $56,670.00 to Insight Public Sector, Inc. for
vehicle equipment required for the 2008 Sheriff's Office vehicles.
19. Requisition 00018497 in the amount of $34,000.00 to Quality Hardwood Floors for the
budgeted cost of refinishing the parquet floors at the Brazos Center.
20. Requisition in the amount of $25,000.00 for Amy Halloway with Avalanche Consulting
Co. for the development of a marketing plan and economic impact assessment of the
Expo Complex.
21. Acceptance of a Special Warranty Deed from Christian Wakefield 1987 Trust, Troy P.
Wakefield, Trustee for improvements to Merka Road located in Precinct 2.
VOL I(~~ PAGE Ia-
Commissioners Court Agenda
1 April 2008
Page 3
22. Acceptance of a Special Warranty Deed from Christian William J. O'Brien for
improvements to Old Bundick Road located in Precinct 2.
23. Acceptance of a Special Warranty Deed from Ransom Family Limited Partnership for
improvements to Old Bundick Road located in Precinct 2.
24. Payment authorization in the amount of $738.00 to Fire & Access Control Systems for
labor and installation of fire alarm monitoring equipment for the Expo Complex; a
purchase order was not obtained in advance.
25. Payment authorization in the amount of $181.50 to American Fire & Safety, Inc. for the
inspection, hydrostatic testing and servicing of fire extinguishers; a purchase order was
not obtained in advance.
26. Payment authorization in the amount of $19.99 to Raymond Olson for an 800 radio
wall mount; a purchase order was not obtained in advance.
27. Acknowledgement of the Monthly Reports submitted in March 2008. These reports are
available for review in the County Judge's Office.
28. Announcement of interest items and possible future agenda topics.
29. Call for citizen input and/or concerns.
30. Agency / Board / Committee reports by Court members.
31. 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. To make arrangements, call (979) 361-4102.
VOL_LLPAGE 73
BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF ADDENDUM
TO THE AGENDA
kcc
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY
1 APRIL 2008 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN,
TEXAS.
In addition to the regular agenda, the Commissioners Court will consider and take action
on the following item(s):
1. Incentive Payments for 2007 existing Research Valley Partnership economic
development agreements.
2. Agreement with NAMPAC for development and tax abatement in Reinvestment Zone
#26 for commercial-industrial tax abatement.
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. To make arrangements, call (979) 361-4102.
Office of the County Judge 9 300 East 26`h St. • Suite 114 e, Bryan, Texas 77803 9 Fax: (979) 361-4503
COMMISSIONERS' COURT
REGULAR MEETING
APRIL 1, 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, April 1, 2008 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
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.
Commissioner Wassermann gave the invocation and then led
the pledge of allegiance.
There was no citizen input/and or concerns.
The first matter before the Court was a presentation by
the District Clerk updating the Court on the NACo Prescription
Discount Card Program. Mr. Hamlin informed the Court that
over $41,000 have been saved by residents on over 2,000
prescriptions in the last three (3) months.
The Court next considered Budget Amendment #07/08-24.1
Vol ) p-7 Page 75
Commissioners Court meeting April 1, 2008 2
through 24.2 that would reallocate funds for the Hotel
Occupancy Tax and County Court at Law #2. 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 Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the changes as submitted.
The next matter before the Court was consideration of a
payment authorization in the amount of $685.12 to the City of
Bryan for the repair of damages to a Bryan Police Department
patrol vehicle caused by Juvenile Services' sally port gate.
The purchase order obtained was for the body shop instead of
the City of Bryan. On motion by Commissioner Mallard,
seconded by Commissioner Peters, the Court voted unanimously
to approve the payment authorization.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7048150 through 7048392
Vol 0 Page -7 to
Commissioners Court meeting April 1, 2008 3
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of
Resolution 08-005 clarifying that the Brazos County Drug Court
was established under the Texas Health and Safety Code,
designating the Drug Court Magistrate or Judge to administer
certain funds collected and/or donated for drug court,
establishing the use for drug court funds, and authorizing the
expenditure policy for drug court funds. On motion by the
County Judge, seconded by Commissioner Peters, the Court voted
unanimously to adopt Resolution #08-005 authorizing and
designating the sitting Drug Court Magistrate or Judge to
administer funds, donated funds and other authorized granted
monies other than those specified to be administered by
another source; that the funds collected are to be used
exclusively for the development and maintenance of the Brazos
County Drug Court, donated funds will be spent as designated
by the donor or the Drug Court Team/Magistrate or Judge and
other funds will be expended as designated by the granting
party and that the expenditure policy developed by the Brazos
County Auditor to account for these funds is authorized.
Vol i a-7 Page 77
Commissioners Court meeting April 1, 2008 4
On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to adopt
Resolution #08-006 declaring the week of April 6 through 12,
2008 as County Government Week in Brazos County and to remind
the public of the importance and relevance of county
government as a cog and partner within the local, state and
federal government framework.
The next matter before the Court was consideration of
revisions to the County Hotel Occupancy Tax Order. This
revision replaces the prior draft of changes to the Hotel
Occupancy tax Order that was tabled and then removed from the
Agenda. The County Treasurer went over the revisions. The
owner of the Reveille Ranch B&B also asked for these revisions
because this affects the quarterly filing. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the changes. A copy is
attached.
The Court next considered Proclamation 08-003 designating
April 5, 2008 as "Don't Mess With Texas Trash-Off Day". The
Court urges all citizens to participate in this important
event. On motion by the County Judge, seconded by
Commissioner Mallard, the Court voted unanimously to approve
Vol (0 Page -7f
Commissioners Court meeting April 1, 2008 5
the Proclamation. Amy Reed, representing Keep Brazos
Beautiful, invited all to the trash off.
The Court proceeded to consider the following contracts:
a. The Children's Museum of the Brazos Valley, $15,000,
beginning on the date of execution of the agreement
and terminating one year later.
b. Dispute Resolution Center-Central Brazos Valley,
Inc., $7,500 beginning January 1, 2008 and
continuing through the last day of December 2008.
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to approve both contracts.
A copy of each is attached.
The next matter before the Court was consideration of a
change in the County's mileage reimbursement rate from
$0.485/mile to $0.505/mile, raising the County's reimbursement
rate to,match that currently used by the State of Texas. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the change
in the mileage reimbursement rate.
The Court next considered an application with the City of
Bryan for the abandonment of an alley. This is Lots 1&2 and
Lots 6-8, Block 27 of the Bryan original town site. The
abandoned right-of-way will be utilized for future parking
along Washington Avenue upon development of property. On
motion by Commissioner Peters, seconded by Commissioner
Vol 01 Page 7~'
Commissioners Court meeting April 1, 2008 6
Mallard, the Court voted unanimously to approve the
application. A copy of the plat is attached.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Aaron D. Bales, over payment $5.33
b. Kena Saeb Chavez, over payment $310.81
c. Russell & Margaret Davis, over payment $193.50
d. Robert R. Dotson, over payment $600.00
e. Jerome J. & Jaye E. Congleton, over payment $16.25
f. 4H Development L.L.C., over payment $39.23
g. Mark Andrew Hudson, over payment $8.23
h. Texas Auto Sales, over payment $49.65
i. Kenneth Wilson, over payment $157.03
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
The next matter before the Court was consideration of a
request from Justice of the Peace, Precinct 1 for permission
to purchase a computer from the JP Technology Fund for his
office's front counter. The estimated cost is $720.10. On
motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the request.
The Court next considered a request from the Purchasing
Agent for permission to add Amy Holloway with Avalanche
Consulting Company to Brazos County's list of exemptions from
competitive budding for fiscal year 2008-2009 as authorized by
Vol (o I I Page Zo
Commissioners Court meeting April 1, 2008 7
Statute 262.024(a)(4). Ms. Holloway will be developing a
Marketing Plan and an Economic Impact Assessment for the
Exposition Center. On motion by Commissioner Peters, seconded
by the County Judge, the Court voted unanimously to approve
the Exemption of Competitive Bidding Requirements and
authorized the payment for said cost for fiscal year 2007-
2008.
The next matter before the Court was consideration of
requisition 00018366 in the amount of $56,670.00 to Insight
Public Sector, Inc. for vehicle equipment required 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 requisition 0018497 in the
amount of $34,000.00 to Quality Hardwood Floors for the
budgeted cost of refinishing the parquet floors at the Brazos
Center. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the requisition.
The next matter before the Court was consideration of a
requisition in the amount of $25,000.00 to Amy Holloway with
Avalanche Consulting Co. for the development of a marketing
plan and economic impact assessment of the Exposition Center.
Vol j o-7 Page S!
Commissioners Court meeting April 1, 2008 8
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the
requisition.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Merka Road in Precinct 2.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the
County Judge to accept on behalf of Brazos County a Special
Warranty Deed from the Christian Wakefield 1987 Trust, Troy P.
Wakefield, Trustee for the expansion and improvements to Merka
Road.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Old Bundick Road in Precinct
2. On motion by Commissioner Peters, seconded by the County
Judge, the Court voted unanimously to authorize the County
Judge to accept on behalf of Brazos County a Special Warranty
Deed from William J. O'Brien for the expansion and
improvements to Old Bundick Road Road.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Old Bundick Road in Precinct
2. On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the
County Judge to accept on behalf of Brazos County a Special
Vol 107 Page 901
Commissioners Court meeting April 1, 2008 9
Warranty Deed from the Ransom Family Limited Partnership for
the expansion and improvements to Old Bundick Road.
The Court next considered a payment authorization in the
amount of $738.00 to Fire & Access Control Systems for labor
and installation of fire alarm monitoring at the Exposition
Center. On motion by Commissioner Peters, seconded by the
County Judge, the Court voted unanimously to approve the
payment authorization.
The next matter before the Court was consideration of a
payment authorization to American fire and Safety, Inc. in the
amount of $181.50. This was to service several fire
extinguishers and one air pack tank hydrostatically tested. A
purchase order was not obtained in advance. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the payment authorization.
The Court next considered a payment authorization in the
amount of $19.99 to Raymond Olson for an 800 radio wall mount.
A purchase order was not obtained in advance. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to approve the payment authorization.
The next matter before the Court was consideration of an
Addendum to the Agenda with the following items:
1. Incentive Payments for the 2007 existing
Research Valley Partnership economic
Vol 101 Page 83
Commissioners Court meeting April 1, 2008
development agreements. On motion by
Commissioner Mallard, seconded by
Commissioner Peters, the Court voted
unanimously to approve the cash incentive
payments to the following companies:
Arbin Instruments $21,750
SAP $15,000
Lockard & White $10,000
Valtech $32,000
Reynolds & Reynolds $45,000
2. Tax Abatement Agreement between Brazos
County and NAMPAC for development and tax
abatement in Reinvestment Zone #26 for
commercial-industrial tax abatement. The
tax exemption shall exempt the value of
the land, buildings and the other
permanent improvements. Under the
conditions of the abatement the following
rates shall be in effect for the
following years:
Year
o of Abatement
2008
0%
2009
700
2010
500
2011
400
2012
300
2013
200
10
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to grant the tax
abatement to NAMPAC. A copy is attached.
The Court acknowledged receipt of the Extension Service
reports for February 2008 and acknowledged receipt of reports
from the following County and Precinct Offices showing
revenues collected and remitted to the County Treasurer:
Vol 10 Page 0
Commissioners Court meeting April 1, 2008
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable, Precinct 1
Constable, Precinct 2
Constable, Precinct 3
Constable, Precinct 4
Brazos County Events Facilities
Sheriff
A copy of the Officials' reports can be viewed in the County
Auditor's office.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) He held a meeting with the residents from
all the subdivisions in Precinct 3 to
discuss the placement of mailboxes. All the
nice brick mailboxes currently located in
County right-of-way will need to be moved.
39 residents will have to do this. He would
like a better system of notifying people in
a more timely manner about this issue. It
all came to light when the Road & Bridge
Department was getting ready to seal coat
roads. Tina Snelling, Court Civil Counsel
pointed out that she had found other
jurisdictions that have policies on
mailboxes. Richard Vance, County Engineer
said the County has a policy but this
subdivision was built before the County took
over road maintenance.
Under citizen input and/or concerns, the following
spoke:
Vol 107 Page 95,
Commissioners Court meeting April 1, 2008 12
Eric Zimmerman, Extension Agent
a) He invited everyone out to the 4-H sale this
evening. This year's stock show is being
dedicated to Walter Wilcox for all his work
over the years.
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 D 7 Page g 49.
The foregoing minutes of the Commissioners Court meeting held
April 29, 2008 have been examined and are approved in open
Court this the 2r, - day ofd , 2008, in Bryan,
Brazos CAunty,/Te
Rahdy Sim
County dge
Duane Peters
Commissioner, Precinct 2
Carey C uley, Jr. ( "
Commis toner, Precin/t 4
Attest:
aren McQueen
County Clerk
Lloyd assermann
Commissioner, Precinct 1
Kenny Malla d
Commissioner`, Precinct `
'"7
Vol 107 Page
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-24.1 thru 07/08-24.2
On this the I" day of April 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 I April 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 I I 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 I" day of April 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
° y, d
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 24.1
4/1/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
1100 11002500 61130000 CR Contingency 25,000.00
1 100 11002500 71025000 DR Contract Services 25,000.00
Hotel Occupancy Tax
To reallocate funds to allow for contracting professional services to develop a marketing plan for the
Expo Center.
Prepared By: ifj
Date: 3/25/2008
Department Approval Date
County JudR6 Approval
U07
Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 24.2
4/1/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
23000100
51610000
CR
Hourly - Staff
7,247.00
0100
23000100
53100000
CR
Social Security
554.00
0100
23000100
53200000
CR
Retirement
855.00
0100
23000300
61900000
DR
Visiting - Court Reporters
8,656.00
County Court At Law # 2
To reallocat
e funds to increase funds available for a visiting court reporter.
D artment Appr al„ to
Prepared By: ifj
Date: 3/27/2008
County Judg
C?
x.10 ~
"
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: April 01, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requesteu
Request(s) Applies To
Ag. Extension
County Attorney
Walker, Susan M. New hire
Kuboviak, Jim
State Supplement
County Auditor
Cao, Thao
New hire
District Clerk
Casares, Rose Z. Transfer to another Dept.
S. O. /Jail
Approved in Commissioners' Court:
County Judge's or Commissioner's S
(This Copy to be attached to minutes;
Montoya, Patrick
Dennis, Nathan
Mathis, Annabeth
New hire
Transfer within Dept.
Resignation
/2 Z
} }J 107 r°e
a
n
BRAZOS COUNTY
BRYAN. TEXAS
BRAZOSCOUNTY
RESOLUTION
Whereas, the Brazos County Drug Court was established on December 9, 2004;
Whereas, the Brazos County Drug Court operates under the Ten Key Components of drug courts
benchmarked by the National Association of Drug Court Professionals as reported in the monograph
Defining Drug Courts: The Key Components, published by the Drug Courts Program Office, Office of
Justice Programs, U.S. Department of Justice;
Whereas, the Brazos County Drug Court was established under Chapter 469, Section 469.001 of
the Texas Health and Safety Code;
Whereas, the Texas Code of Criminal Procedure, Subchapter A, Chapter 102, Article 102.0178
imposes an additional court cost in certain intoxication and drug offenses; and,
Whereas, according to that subchapter, a county is entitled to retain 10 percent of the funds
collected under this article by an officer of the county during the calendar quarter as a service fee; and if
the county has established a drug court program or establishes a drug court program before the expiration
of the calendar quarter, retain in addition to the 10 percent another 50 percent of the funds collected under
this article by an officer of the county during the calendar quarter to be used exclusively for the
development and maintenance of drug court programs operated within the county.
Therefore, be it resolved that the sitting Drug Court Magistrate or Judge is hereby authorized
and designated to administer funds collected under the above provision, donated funds, and other
authorized or granted monies other than those specified to be administered by another source.
Be it also resolved that the funds collected under the above provision are to be used exclusively
for the development and maintenance of the Brazos County Drug Court, donated funds will be spent as
designated by the donor or the Drug Court Team / Magistrate or Judge and other funds will be expended
as designated by the granting party, as approved by the Brazos County Commissioners Court through the
budgetary process and in accordance with the County's purchasing policy.
Be it also resolved that the expenditure policy developed by the Brazos County Auditor to
account for these funds, to include depositing funds with the County Treasurer, establishing expenditure
accounts using the County's chart of accounts, and establishing the expenditure budget through
Commissioners Court, is hereby authorized.
Dated this the 1st day of April 2008.
er Lloyd Wassermann
Precinct 1
Commissioner a ny Mallard
Prec' ct 3
ATTEST:
/Randy Sims
County Judge
Commissioner Duane Peters
Precinct 2
allSei l .
Commissioner Carey Cauley, Jr.
Precinct 4
Karen McQueen, County Clerk V0007
PACE T
Resolution #08-005
BRYAN. TEXAS
BRAZOSCOUNTY
RESOLUTION
COUNTY GOVERNMENT WEEK 2008
WHEREAS county government is the oldest form of local government in the United States;
4~
WHEREAS county government in Texas has been a major partner in providing services to citizens since the
early Republic days;
WHEREAS there are 254 counties in Texas providing services to their citizens;
WHEREAS counties are on the front line of addressing many of the state's and nation's most critical issues,
including the criminal justice system, public safety, transportation, indigent health care, records management,
an equitable property tax system, special assistance to the elderly, support for youth programs and emergency
management;
WHEREAS counties in Texas provide these and other essential services through the local control of their
voters and most often without financial assistance from the state;
WHEREAS the.mission of Texas county government is to continue to meet the needs of citizens without
placing undue burden on local taxpayers;
WHEREAS it is essential that counties are regarded by the state as partners to fulfill the above mentioned
endeavors;
WHEREAS counties across Texas seek to improve the partnership through open and honest dialogue with state
officials;
WHEREAS a timely reminder of the importance and relevance of county government as a cog and partner
within the local, state and federal government framework is the annual celebration of County Government
Week,
NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County does hereby
officially declare the week of April 6-12, 2008, as County Government Week.
Z /~4 Z, 7" ~
dy Sims Cr
Judge
A444 County
4AG"Zlt_ &Uu J
Comni ssioner Lloyd Wassermann
Precinct 1
Commissioner y Mallar
Precin 3
Commissioner Duane Peters
Precinct 2
Commissioner Carey Cauley, Jr.
Precinct 4
Wli 07P;v-;;_: U Resolution #08-006
K
Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas 77803
MEMORANDUM
DATE: March 25, 2008
TO: Randy Sims, Brazos County Judge
Lloyd Wassermann, Commissioner Pct. 1
Duane Peters, Commissioner Pct. 2
Kenny Mallard, Commissioner Pct. 3
Carey Cauley~~, Commissio er Pct. 4
FROM: a iltoYi, rr s u reasurer
RE: Revision of the County Hotel Occupancy Tax Order
This revision replaces the prior draft of changes to the Hotel Occupancy Tax Order
which was tabled and then removed from the agenda. Please let me know if you have
questions or would like to discuss the revisions that have been requested. Thanks.
ORDER PROVIDING FOR THE COLLECTION OF A
TWO PERCENT HOTEL OCCUPANCY TAX
Whereas, Chapter 352 of the Texas Tax Code was amended to authorize Brazos County
to impose a two percent hotel occupancy tax; and,
Whereas, the amendment to Chapter 352 of the Texas Tax Code became effective on
June 15, 2007; and,
Whereas, Brazos County desires to collect the hotel occupancy tax authorized by the
amendment to Chapter 352 of the Texas Tax Code.
Now, Therefore, Be It Resolved that Brazos County Orders that a two percent county
hotel occupancy tax be collected beginning September 1, 2007, in accordance with the
provisions recorded below.
HOTEL OCCUPANCY TAX
1.0 DEFINITIONS
The following words, terms, and phrases are, for the purpose of this section, except
where the context clearly indicates a different meaning, defined as follows:
1.1 Hotel shall mean any building or buildings, trailer, or other facility, in which the
public may, for a consideration, obtain sleeping accommodations. The term
shall include hotels, motels, tourist homes, houses or courts, lodging houses,
inns, rooming houses, or other buildings where rooms are furnished for a
consideration, but hotel shall not be defined so as to include hospitals,
sanitariums, or nursing homes.
1.2 Consideration shall mean the cost of the room, sleeping, space, bed or other
facility in such hotel and shall not include the cost of any food served or
personal services rendered to the occupant of such room not related to the
cleaning and readying of such room, sleeping space, bed or other facility for
occupancy.
1.3 Occupant shall mean anyone who, under a lease, concession, permit, right of
access, license, contract, or agreement, pays for the use or possession or for
the right to the use or possession of a room that is in a hotel, costs $2 or more
each day, and is ordinarily used for sleeping.
1.4 Person shall mean any individual, company, corporation, or association
owning, operating, managing, or controlling any hotel.
Order #07-003
Revised 04/01/200$
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1.5 Quarterly Period shall mean the regular calendar quarters of the year, the first
(1') quarter being composed of the months of January, February, and March;
the second (2"d) quarter being the months of April, May, and June; the third
(3rd) quarter being the months of July, August, and September; and the fourth
(4"') quarter being the months of October, November, and December.
1.6 Permanent Resident shall mean any occupant who has or shall have the right
to occupancy of any room or rooms, sleeping space, or other facility in a hotel
for at least thirty (30) consecutive days during the current calendar year or
preceding year.
2.0 LEVY OF TAX; RATE; EXCEPTIONS
2.1 There is hereby levied a tax upon the cost of occupancy of any room or space
furnished by any hotel where such cost of occupancy is at the rate of Two
Dollars ($2.00) or more per day, such tax to be equal to two percent (2%) of
the consideration paid by the occupant of such room to such hotel.
2.2 No tax shall be imposed hereunder upon a permanent resident.
2.3 No tax shall be imposed hereunder upon the United States or an officer or
employee of the United States when traveling on or otherwise engaged in the
course or official duties for the United States.
2.4 Exemptions described in Section 352.007 of the Texas Tax Code.
3.0 COLLECTION
3.1 Every person owing, operating, managing, or controlling any hotel shall collect
the tax imposed in subsection B hereof for Brazos County.
4.0 REPORTS AND PAYMENTS
4.1 A person required hereby to collect the tax imposed by this section shall pay
the tax collected to the Brazos County Treasurer's Office and include with the
payment a report stating:
4.1.1 The consideration paid for all room occupancies during the
designated reporting period;
4.1.2 The amount of exemptions (Section 2) from the Hotel Occupancy Tax
during the reporting period;
4.1.3 The amount of tax collected on the County's behalf;
4.1.4 The amount of penalties due (Section 6); and
4.1.5 Any other information on a form promulgated by the Treasurer's
Office.
Order #07-003 2 of
Revised 04/01/2008 iq .
v u ~D A%`
4.2 Except as provided by Subsection 4.3, each calendar month is a reporting
period, and the taxes collected under this Order are due and payable on or
before the last business day of the month following the month of collection.
Payments mailed must have a postmarked date on or before the last day of
the month following the prior month's collection.
4.3 If a taxpayer collected less than $1,500.00 for the prior calendar quarter, the
taxpayer qualifies as a quarterly filer having a reporting period of a calendar
quarter, the taxes are due and payable on the last day of the month following
the calendar quarter of collection. Payments must have a postmarked date on
or before the last day of the month following the prior quarter's collection.
5.0 RULES AND REGULATIONS
5.1 Brazos County shall have the power to make such rules and regulations as are
necessary to effectively collect the tax levied herein, and shall upon reasonable
notice have access to books and records necessary to enable the County to
determine the correctness of any report files as required by this section and
the amount of taxes due under the provisions of this section. Each person
required to collect the tax imposed herein shall make those records available
within Brazos County, upon request.
6.0 PENALTIES
6.1 Failure to File or Filing False Report
6.1.1 If any person required by the provisions of this section to collect the
tax imposed herein, or make reports as required herein, and pay to
the Treasurer's Office the tax imposed herein, shall fail to collect
such tax, file such report, or pay such tax, or if any such person shall
file a false report, such person shall be deemed guilty of a
misdemeanor.
6.1.2 If the owner fails to report when required or pay the tax when due,
the owner shall pay a penalty of five percent (5%) of the amount of
the tax due.
6.1.3 Delinquent taxes and accrued penalties draw interest at the rate of
10 percent a year beginning 60 days after the date on which the tax
was due.
6.1.4 The county attorney may bring suit against a person who is required
to collect the tax imposed by this chapter and pay the collections
over to the county and who has failed to file a tax report or pay the
tax when due to collect the tax not paid or to enjoin the person from
operating a hotel in the county until the tax is paid or the report
filed, as applicable, as provided by the court's order. The remedy
provided by this subsection is in addition to other available remedies.
Order 1107-003
3of
Revised 04/01/2008 qq
6.2 Tax Assessments
6.2.1 If the operators of any hotel shall fail to file a report for any period
as required by this Order, or shall fail to pay the tax for any period as
required by this Order, then the treasurer is hereby authorized to
make an assessment of the tax for such period. The tax assessed,
together with any penalties provided by this section, shall be a prior
and superior lien on all property of the hotel.
7.0 USE OF REVENUE
7.1 The commissioners court by contract may delegate to a person, including
another governmental entity or a private organization, the management or
supervision of programs and activities funded with revenue from the tax
authorized by this order. The commissioners court in writing shall approve in
advance the annual budget of the person to which it delegates those functions
and shall require the person to make periodic reports to the commissioners
court at least quarterly listing the expenditures made by the person with
revenue derived from the tax authorized by this order. The person must
maintain revenue provided from the tax authorized by this order in a separate
account established for that purpose and may not commingle that revenue
with any other money. The commissioners court may not delegate to any
person the management or supervision of its tourist and convention programs
and activities funded with revenue from the tax authorized by this order other
than by contract as provided by this order. The approval by the
commissioners court of the county of the annual budget of the person to
whom the commissioners court delegates those functions creates a fiduciary
duty in the person with respect to the revenue provided by the tax authorized
under the contract.
7.2 A person with whom a county contracts under this order shall maintain
complete and accurate financial records of each expenditure of hotel
occupancy tax revenue made by the person and, on request of the
commissioners court of the county or other person, shall make the records
available for inspection and review to the commissioners court or other person.
7.3 Hotel occupancy tax revenue spent for a purpose authorized by this section
may be spent for day-to-day operations, supplies, salaries, office rental, travel
expenses, and other administrative costs only if those administrative costs are
incurred directly in the promotion and servicing expenditures authorized by the
applicable provisions of this order governing the use of revenue by Brazos
County.
7.4 County hotel occupancy tax revenue may not be spent for travel for a person
to attend an event or conduct an activity the primary purpose of which is not
directly related to the promotion of tourism and the convention and hotel
industry or the performance of the person's job in an efficient and professional
manner.
Order 107-003 4 of
Revised 0-1/01/2008
isN mI00
7.5 Revenue derived from the tax authorized by this order is to be expended in a
manner directly enhancing and promoting tourism and the convention and
hotel industry as permitted by the applicable provisions of this order governing
the use of revenue by Brazos County. That revenue may not be used for the
general revenue purposes or general governmental operations of Brazos
County.
7.6 Brazos County shall spend at least 45 percent of the revenue from the tax on
marketing projects that directly promote tourism, hotel, and convention
activity.
7.7 The county shall produce an annual report indicating the tourism, hotel, and
convention activity attributable to events held at facilities that receive money
from the tax.
7.8 The county shall create an advisory committee of seven members to oversee
spending of the tax. The committee shall include at least two representatives
from the hotel industry.
8.0 EFFECTIVE DATE and EXPIRATION DATE
8.1 This section shall be and become effective on and after September 1, 2007
and shall expire on September 1, 2015.
Adopted the 28th day of August, 2007.
Revised this the 1st day of April, 2008.
ATTEST;
Karen McQueen
Brazos County Clerk
Order # 07--003
Revised 04/01/2008
5of-z
VQL101 PAGE 1 nl
4-1 _(OL)
Brazos County
The Children's Museum of the Brazos Valley
Partnership Agreement
THE STATE OF TEXAS
COUNTY OF BRAZOS
This agreement, entered into this _L5± day of 2007; by and between Brazos County,
herinafter called the "County", and The Children's Museum of the Brazos Valley, hereinafter called
"Museum".
NOW THEREFORE, in consideration of the promises, covenants, terms and conditions herein
contained, the parties hereto mutually agree:
TERMS OF AGREEMENT: The term of this agreement shall for a period of approximately one year
beginning on the date of the execution of this agreement and terminating one , 2008, at
which time the agreement will be reviewed, subject to satisfactory operation under this agreement and
mutual agreement of both parties. To effectuate this contract, Museum shall, on an annual basis,
provide to the County financial statements of its operations.
PURPOSE:
The purpose of County shall be to provide $15,000 of funds that support a child-centered, hands-on,
interactive environment that promotes discovery programs and learning opportunities for children.
INTRODUCTION:
The Museum offers child-centered, hands-on exhibits and educational programs for children and their
families in an exciting, interactive environment.
THEREFORE:
Both the County and the Museum enter into a cooperative agreement to maximize the effectiveness of
their common goal and show good stewardship of citizen's dollars and donations.
THE CHILD 'MU,S UM OF THE BRAZ S VALLEY
By: /Executive Director
VOL 1 d1 P AU"E 100C
,V-- ['16 b)
AGREEMENT
THIS AGREEMENT made this 5 day of October, 2007 by and between the DISPUTE
RESOLUTION CENTER-CENTRAL BRAZOS VALLEY, INC. hereafter referred to as "DRC" and
the BRAZOS COUNTY CON IISSIONERS COURT, hereafter referred to as "the Commissioners
Court", is made on the following terms and conditions:
1. This agreement is for one year and shall begin on the first day of January, 2008 and continue
through the last day of December, 2008.
2. For and in consideration of the sum of $7,500 to be paid in one single payment of $7,500, the
DRC agrees to perform the following services:
The DRC agrees to provide a maximum of four (4) separate mediation sessions to the
Commissioners or designated department or offices of Brazos County during the term of
this agreement. A mediation session is defined as a session of not more than three (3)
hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos
County employee in each regular or family law mediation training offered by the DRC,
without cost to the County or the employee.
For each mediation session scheduled under the terms of this agreement, the DRC will
provide a location to hold the mediation, preferably in its offices located at 3211 A South
Texas Ave., Bryan, Texas, or at such other convenient location which might be available.
For any such mediation session held away from the DRC offices, the DRC shall be
reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC
may at its discretion, provide additional sessions without charge to the county on a limited
basis. Except as other wise stated, any additional sessions that may be required, will be
compensated for by the Commissioners Court at the regular rate for scheduled mediations
as adopted by the DRC. The rate sheet for 2008 fiscal year is attached hereto.
3. The purpose of this agreement is to make the services of the DRC available to the
commissioners Court and to the employees of Brazos County in such instances where the services
may be of benefit to Brazos County, Texas, or its employees.
4. The DRC shall furnish to the County Auditor, at a minimum, documentation indicating the use of
funds received from the County. The County Auditor may require the DRC to provide
information necessary for the Auditor to properly account for all funds expended or received by
the entity.
5. This agreement is executed in and performed in Brazos County, Texas.
BRAZOS
CONIM9
By
DISPUTE RESOLU
BRAZOS,IALLEY
By
ZLI~Y
CENTER-CENTRAL
101 k, pia ID3
DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALLEY, INC.
3211 A South Texas Ave., Bryan TX 77802
Phone (979) 822-6947 FAX (979) 779-6528
MEDIATION PROGRAMS & FEE SCHEDULES
The Dispute Resolution Center - Central Brazos Valley (DRC) is a non-profit agency providing
effective, cost-saving mediation services to the Courts, Law Enforcement, Social Service Agencies,
Community and Religious Organizations, Attorneys and Individual Citizens of Brazos and surrounding
counties. Matters may be submitted for mediation by the Parties to the Dispute, their Attorneys
(attorneys are not required for parties to go through mediation) or the Presiding Judge.
Family/Domestic Issues
Issues include, but are not limited to:
*Separation *Divorce*Child Custody *Property Distribution *Parent-Child Relations*
By Law, Allegations of Child Abuse Must Be Reported.
Community & Other Civil Litigation Issues
Issues include, but are not limited to:
*Small Claims Court Matters *Community and Neighborhood Relations *Church *School*
Matters may have been filed in Small Claims Court, County Court or District Court
Non-resident Fee
Non-residents of Brazos County pay $25 per party per session in addition to the mediation fees.
Completed intake forms and fees must be received by the DRC prior to scheduling.
Fees
Fees for Divorce, Modification, Family Mediations and Civil Dispute Mediation
• Mediation session, 4 hour maximum, $300.00
• Each additional hour, $75.00
Fees are payable to the DRC and due prior to each mediation session. Fees are the responsibility of the
partitioning party but maybe split between the parties.
DRC policy is to supply mediation services to everyone regardless of their ability to pay the full fee.
If you have a financial challenge, please contact the DRC.
CANCELLATION POLICY
An administrative fee may be applied should a cancellation be necessary. Any case where
mediation is canceled less than 24 hours prior to the session will owe the entire fee for mediation
to the Dispute Resolution Center.
la ~x 1o
We, the undersigned property owners of
of sub vision, lot, and block number)
Please list the reasons for the request and how this request will benefit the public:
do hereby request that the City of Bryan release and vacate the said alley, street, or easement as
further described in the attached field notes.
Adiacent Property Owners Signatures
(please include your name, mailing address, R number of your property, and signature)
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I BRYAN, BRAZOS COUNTY, TEXAS
SURVEY DATE MARCH 2008
I r PLAT DATE: 03-16-08
L2 15.00' N 85'05'47` W
BEARING SYSTEM SHOWN HEREON BASED ON v JOB NUMBER: DO-072
GRIN NORTH AS ESTABLISHED FROM CAD NAME: 08-072
CPS OBSERVATION. CR5 FILE. DOT (cant); 09-072 (job)
SUBJECT PROPERTY DOES NOT LINE WITHIN PREPARED BY: KERR SURVEYING, LLC
A DESIGNATED FLOOD PLAIN AREA ACCORDING 505 CHURCH AVENUE, P.O. BOX 269
TO THE F.I.R.M. MAPS, COMMUNITY PANEL COLLEGE STATION, TEXAS 77841
NO. 4804100133 C, DATED 0-02-1992. PHONE (979) 268-3195
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AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT IN REINVESTMENT ZONE NUMBER TWENTY-SIX (26) FOR
COMMERCIAL-INDUSTRIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF BRAZOS §
This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political
subdivision of the State of Texas, acting herein by and through its duly elected Commissioners
Court, (hereinafter referred to as "COUNTY"), and NAMPAC, a Delaware corporation authorized
to and doing business in the State of Texas (hereinafter referred to as "OWNER") acting herein by
and through its duly authorized agents.
WITNESSETH:
WHEREAS, the City Council of the City of Bryan, Texas, on the February 26, 2008, by
ordinance, established Reinvestment Zone Number Twenty-Six (26) for Commercial-Industrial Tax
Abatement, City of Bryan, Texas (hereinafter referred to as "Zone") as authorized by CHAPTER 312,
TEXAS TAX CODE.
WHEREAS, in order to provide for the proper development of such property and to aid in
the conduct of the operation thereof to the best interest of Brazos County, Texas, in accordance with
the above-referenced ordinances and statute, the parties do mutually agree as follows:
1. The real property on which the real property improvements, personal property and
equipment to be abated pursuant to this Agreement will be situated is a tract of land consisting of
approximately 7.851 acres of land, described as Lot Four (4), Block Two (2), Brazos County
Industrial Park Phase III, City of Bryan, Texas, according to plat thereof recorded in Volume
500, Page 917, Official Records of Brazos County, Texas. The real property and all
improvements constructed thereon will be hereinafter referred to as the "Premises".
2. All of the following obligations of OWNER form the consideration for COUNTY
entering into this Agreement:
VOQ01-nu 107
a. OWNER's modernization investments on the Premises located at its 1591 North
Harvey Mitchell Parkway manufacturing facility in Bryan, Texas, as follows: (1) replacement of
injection machine and (2) retrofitting injection units to utilize new "Twinshot" technology, and
including real property improvements on the Premises as described by listing or by site plan on
Exhibit "A" to this Agreement, on or before December 31, 2008.
b. OWNER's commitment to add at least $2,171,000.00 in equipment and personal
property to the Premises on or before December 31, 2008. A schedule of equipment and
personal property is attached as Exhibit "B."
C. Owner's maintenance of a payroll of at least 125 full time equivalent employees
with a gross annual payroll of at least $4,800,000.00.
3. OWNER agrees to construct all improvements in accordance with all applicable
laws, ordinances, codes, rules, requirements or regulations of the Brazos County, the State of
Texas, and the United States, and any subdivision, agency or authority thereof in effect at the
time of development.
4. OWNER agrees that the site plan, exterior design drawings, specifications and
materials (hereinafter referred to as "Plans") for each improvement will be submitted to COUNTY,
0
and/or its designated representative, for approval, which Plans are incorporated herein for all
purposes. An official set of Plans will be designated by the OWNER and kept on file with the
COUNTY.
5. OWNER shall keep the Premises insured against loss or damage by fire or any
other casualty at full replacement value by purchasing insurance or through a self-insurance
program. OWNER shall furnish Brazos County's Risk Manager with either a certificate of
insurance or satisfactory documentation of its self-insurance program.
6. OWNER shall submit written notice to COUNTY within ninety (90) days after
the Premises are materially damaged by fire or any other casualty. The notice shall either set
~~m tVI i Ion
forth the dates OWNER will commence and complete the repair, remodeling or renovation of the
damaged Premises or state that OWNER will not undertake such repair, remodeling or
renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or
renovation of the damaged Premises, or if OWNER fails to complete the repair, remodeling or
renovation by the completion date set forth in OWNER's notice to COUNTY, then COUNTY
shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax
revenue COUNTY has lost as a result of this Agreement as required by §312.205(a)(4), Texas
Property Tax Code.
7. OWNER agrees to provide COUNTY and its designees access to the Premises
during regular business hours throughout the term of this Agreement for the purposes of
inspection and examination of books, records, construction, workmanship, materials, and
installations to determine that OWNER has complied with any requirement of this Agreement.
8. OWNER agrees to limit the use of the Premises consistent with the general
purpose of encouraging development or redevelopment within Reinvestment Zone No. 26 while
partial abatement of ad valorem taxes is in effect pursuant to this Agreement.
9. OWNER represents and warrants that no member of the Brazos County
Commissioners Court has an interest in the Premises and that the same are not owned or leased
by any member of the Brazos County Commissioners Court.
10. OWNER agrees that COUNTY assumes no liability or responsibility by
approving plans, issuing building permits or making inspections in the event there is a defect in
the improvements constructed on the Premises. The relationship between COUNTY, OWNER,
and any taxing unit shall not be deemed to be a partnership or joint venture for purposes of this
Agreement.
11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees,
officials, and agents from and against any and all obligations, claims, suits, demands and liability
ID3
1 f~
or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements
and related expenses arising in any manner from OWNER's construction, use and operation of
the Premises, provided, however, that OWNER shall not be required to indemnify and hold
COUNTY harmless for injury or harm caused by COUNTY's negligence or willful misconduct.
12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated
pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or
assessments becoming delinquent. OWNER shall have the right to contest in good faith the
validity or application of any such tax or assessment and shall not be considered in default
hereunder so long as such contest is diligently pursued to completion. In the event that OWNER
contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to
COUNTY prior to delinquency. If OWNER undertakes any such contest, it shall notify
COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be
unsuccessful in any such contest, OWNER shall promptly pay all taxes, penalties and interest
resulting therefrom.
13. OWNER agrees that a default occurs if. (i) OWNER does not maintain the
Premises in good condition, wear and tear excepted; (ii) OWNER fails to repair, remodel or
renovate any material damage or destruction of the Premises as provided for in Section 6 above;
(iii) OWNER fails to use the Premises for the purposes contemplated by this Agreement or
allows the same to become vacant; (iv) OWNER does not pay all non-abated taxes in the manner
required by Section 12 hereof, (v) OWNER fails to comply with all applicable statutes,
administrative regulations, or ordinances of the United States, the State of Texas, City of Bryan
or County of Brazos governing the operations or maintenance of the Premises or the conduct of
OWNER's business in Bryan, Brazos County, Texas; (vi) OWNER fails to perform its
obligations under Section 2a. or 2b. of this Agreement on or before December 31, 2008, or its
obligation under 2c.; or (vii) OWNER fails to comply with any other duty or obligation arising
under this Agreement. COUNTY shall notify OWNER in writing of such default, and OWNER
V U LLd_PA G- E I I Z)
shall have thirty (30) days after receipt of such written notice, to cure any default, if the default
can be cured. If OWNER fails to cure such default, or if OWNER's default can not be cured,
COUNTY may, at COUNTY's sole option (except as to a default defined in (ii) above, which
shall be governed by Section 6 of this Agreement) require OWNER to pay the current year's
taxes in full or COUNTY may terminate this Agreement and recapture from OWNER a sum of
money equal to all of the tax revenues COUNTY has lost due to the partial abatement of taxes on
real property improvements, personal property and equipment from the inception of this
Agreement. The remedies listed in this paragraph shall be in addition to any other remedies that
COUNTY may have, both legal and equitable.
14. OWNER agrees to submit to COUNTY, and to each taxing unit in whose
jurisdiction the Premises are situated, no later than December 31, 2008 and on December 31St of
each year thereafter during the term hereof, a Statement of Compliance in the form attached
hereto as Exhibit "C" indicating that OWNER has or has not completed the improvements on the
PREMISES in accordance with the Plans or revised plans and further indicating that OWNER
has or has not complied with each applicable provision of this Agreement.
15. This Agreement shall be for a term of six tax/calendar years, unless sooner
terminated. The partial exemption from ad valorem taxation of real property improvements,
personal property and equipment during each tax year covered by this Agreement shall be
computed by taking a percentage of the increase in value of said real property improvements,
personal property and equipment on January 1" of each tax year over the value on January 1S` of
2008, which is the year this Agreement was executed by OWNER and COUNTY. The partial
exemption percentages are as follows:
Tax Year Percentage of Increased Value over
January 1, 2008 Value to be Abated
2008
0%
2009
70%
2010
50%
2011
40%
2012
30%
2013
20%
For purposes of this Section, the personal property and equipment to be abated is the value of
the items in Exhibit "B". The base value for personal property is the value of the existing
personal Property as certified on the 2008 tax roll.
16. Miscellaneous.
a. Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective while this Agreement is in effect,
such provision shall be automatically deleted from this Agreement and the legality,
validity and enforceability of the remaining provisions of this Agreement shall not be
affected thereby, and in lieu of such deleted provision, there shall be added as part of this
Agreement a provision that is legal, valid and enforceable and that is as similar as
possible in terms and substance as possible to the deleted provision.
b. Texas law to apply. This Agreement shall be construed under and in accordance
with the laws of the State of Texas and the obligations of the parties created hereunder
are performable by the parties in Brazos County, Texas. Venue for any litigation arising
under this Agreement shall be in a court of appropriate jurisdiction in Brazos County,
Texas.
C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the
Parties hereto respecting the subject matter covered by this Agreement, and supersedes
any prior understandings or written or oral agreements between the parties.
d. Amendments. No amendment, modification or alteration of the terms hereof shall
be binding unless the same shall be in writing and dated subsequent to the date hereof and
duly executed by the parties hereto. Any proposed amendment, modification or alteration
shall be provided to the City of Bryan and to the Bryan Independent School District for
review and comment prior to adoption by the Brazos County Commissioners Court.
e. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by either party shall
not preclude or waive its right to use any and all other legal remedies. Said rights and
remedies are provided in addition to any other rights the parties may have by law, statute,
ordinance or otherwise.
f. No Waiver. COUNTY's failure to take action to enforce this Agreement in the
event of OWNER's default or breach of any covenant, condition, or stipulation herein on
one occasion shall not be treated as a waiver and shall not prevent COUNTY from taking
action to enforce this Agreement on subsequent occasions.
g. Assignment. OWNER shall not assign this Agreement without the written
approval of the Bryan City Council. A change in ownership of a majority of the stock of
OWNER is an assignment for the purposes of this paragraph. If OWNER assigns this
Agreement without written approval of the Brazos County Commissioners Court, this
Agreement shall terminate immediately and the partial abatement of taxes on personal
property and equipment provided for herein shall cease from the date such unauthorized
assignment occurred
h. Notices. COUNTY and OWNER hereby designate the following individuals to
receive any notices required to be submitted pursuant to the terms of this Agreement:
CITY
City Manager
P.O. Box 1000
Bryan, Texas 77805-1000
BRAZOSCOUNTY
Randy Sims, County Judge
300 E. 26th Street
Bryan, Texas 77803
OWNER
Tom Leffelman
NAMPAC, Tax Director
8607 Roberts Drive, Ste. 250
Atlanta, Georgia 30350
BRYAN INDEPENDENT SCHOOL DISTRICT
Merrill Green, President - Board of Trustees
c/o Mike Cargill, Superintendent
101 N. Texas Avenue
Bryan, Texas 77803
The parties hereto have executed this Agreement in duplicate originals, each of equal
dignity. Each party has stated the execution date below the signature of its authorized
representative. If the parties sign this Agreement on different dates, the later date shall be the
effective date of this Agreement for all purposes.
ATTEST: BRAZOS C UNT
CG/~~C_ jlrCG By:
Karen McQueen, County Clerk Randy wo-
Execute 1 , 2 008
ut ounty Judge
APPROVED AS TO FORM:
ATTEST:
NAMPAC
By: z e;
Kev'n Kern, C ief Fin racial Officer
Executed on: A d- , 2008
Exhi
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EXHIBIT "B"
Schedule of Equipment and Persona Property
1) 4 injection units utilizing new Twinshot technology: $460,000
2) Material Handling equipment related to 1): $191,000
3) Replacement injection machine: $350,000
4) 4 cavity stack mold and automation: $450,000
5) Chiller System: $150,000
6) Tower system pump tank: $150,000
7) Rebuild Pail Molds: $140,000
8) Rebuild tight head machine: $120,000
9) 2 new grinders: $80,000
10) New leak detectors: $30,000
11) Crane extension: $50,000
TOTAL - $2,171,000.00
1 41
EXHIBIT "C"
STATEMENT OF COMPLIANCE WITH AGREEMENT
FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH NAMPAC
REINVESTMENT ZONE NO. 26
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
NAMPAC ("Owner") hereby certifies any improvements on the Property, as called for in
the above referenced Agreement, have been completed and constructed in every material respect
pursuant to said Agreement. Owner further certifies that they have complied with every
applicable material term of said Agreement.
Signed this day of , 2008.
NAMPAC
BY:
ITS:
Any above described improvements have been accepted by the City of Bryan, Texas as
having been constructed in compliance with the above referenced Agreement, and that pursuant
to said Agreement the partial exemption from taxation shall commence on January 1, 2008
continuing through the year 2013, which will be the last year that the property will be entitled to
exemption from taxation in accordance with this Agreement, and that the taxable value of the
Premises for such period of time shall be the taxable value as finally determined, following any
applicable contests and appeals, by the Brazos County Appraisal District on January I" of each
year of the term of the Agreement.
Signed this day of , 200
CITY OF BRYAN, TEXAS
By:
Randy Sims, County Judge
10