HomeMy WebLinkAbout2008-10-07-9:00AM-REGULAR,~~TH FT
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BRAZOS COUNTY ~''o~
BRYAN, TEXAS NOTICE OF MEETII~TG
AN-D AGENDA B72 ~ 7OS COUNTY COM M rSSIONERS COIJI2T
T}7-F CO7H nl xSSIONERS COURT W~TIIlL MEET ITq REGI7Z.AR SESSION ON TZJESDAY, OCTOBER 7, 2008 AT 9000 A_M_ lu_ T-p->F' COMMISSIONERS COiTRTROOM OF T'F
COI7NTY ADMINISTRATION B777I.7~ING, 200 SOUTH TEXAS AVENUE, ST-Tr= 106, BRYAN, TEXAS_
1 . Invocation and Pledge o£ Allegiance -County Judge
2. Call for citizen input and/or concerns.
Consider and take action on agenda items 3 -27
3. Proc1A**•~+tion proclaimi.,g November 2008 as Home Care and Hospice Month in Brazos County_
4. Request from the Sheriff's OiMce to transfer sufficient funds from Patrol Position # 13 to
the Courthouse Security Supervision Position # 1 to reclassify it from a G1-oup 23, step 5 to a Group 23, step 7-
-5 Request from Judge Smith to reclassify the Court Coordinator position from a Group 8,
step 7, to a Group 8, step 9_
6. Increase in County Supplement for the District Attorney-
7. Juvenile Board Supplement of $600 for the Citizen member o£the Juvenile Board.
8_ Request from Wayne Dicky, Jail A<lrx inistrator for approval of use ofcontingency funds for the purchase of a replacement Kettle for the kitchen at the Detention Center. This
purchase was budgeted in the 07/08 budget, but not expended.
9. Request from Archie Clark, Constable, Precinct 1 for $480 for cell phone allowance for the new deputy position.
C>fr- or tine CountyJudge . 200 SoutL 'Ir-- Ava_ Suite 332 Bryan, Tcztu 77803 - F- (:979j 361.4503
PACE
Commoners Court Meeting Agenda
October 7, 2008
Page Two
10. Budget Amendments 07/08 50.1 thru 07/08 50.4
11. Budget Amendments 08/09 1.1 through 08/09 1.8
12. Personnel Changes of Status.
13. Contract with Brazos County Historical Commission effective October 1, 2008 through
September 30, 2009.
14. Payment of Claims.
15. Tax Refund Application for Ree Vee & Linda Thompson.
16 Resolution Authorizing the Institution by the County Attorney of Eminent Domain
Proceedings concerning a tract of land at 1821 Sandy Point Road, Bryan, Texas.
17. The rate to be paid by each employee for health insurance at $30.00 per month. The
amount to be paid by each employee for dependent coverage will increase by 5% for
each category. These rates will also apply to retirees who retired after 2000 with 8
years of service. The premiums for dental insurance will increase by 20% for each
category. These rates will become effective January 1, 2009.
18. Award of Bid # 2008-047 for Oil Changes for 2008/2009 to H&M Wholesale as
recommended by the Purchasing Department.
19. Asset Forfeiture Report for Constable, Precinct 1.
20. To maintain the Texas County and District Retirement plan provision for plan year 2009
with no change in benefits
21. Payment Authorization for County Records Management to Adele Carboni Consulting in
the amount of $76,300 for records management services. Invoice exceeded the amount of
the Purchase Order.
22. Payment Authorization for the Building Maintenance Department to Brazos United
Roofing, Inc. in the amount of $350. Invoice exceed the amount of the Purchase Order.
23. Request from Wickson Creek Special Utility District to construct a road bore for water
line installation in the right-of-way of Saxon Road (approximately 0.6 mile from it's
intersection with FM 2038.) Site is located in Precinct 2.
VCL_ j_RACE a
Commissioners Court Meeting Agenda
October 7, 2008
Page Three
24. Approval of Earnest Money Contract and grant authorization for the County Judge to
sign all documents necessary to close the transaction for sale of4,400 square feet of land
along Jones-Butler Road located in Precinct 1.
25. Extension of Medical Contract with Dr. Rany Cherian for the 2008-2009 fiscal year to
provide medical services to the inmates of the Brazos County Jail on a month to month
basis. This contract provides for a monthly fee of $5,000 for professional fees.
26. Contract with ATM Adventures to provide ATM Machines at the County Administration
Building and Exposition Complex.
27. Data Access Agreements for the use of data obtained, stored and maintained by Brazos
County for criminal justice purposes with the following Law Enforcement Agencies:
a. College Station Police Department
b. Texas A&M University Police Department
c. Bryan Police Department
d. Office of the Attorney General
28. Acknowledge receipt of all monthly reports submitted during the month of September.
These reports may be reviewed in the County Judge's Office.
29. Call for citizen input and/or concerns.
30. Agency / Board / Committee reports by Court members.
31. Adjourn.
The Administration Building 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 115 ;ACE 3
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 7, 2008
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, October 7, 2008 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1,
Absent;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and then led the
pledge of allegiance.
There was no citizen input/and or concerns.
The County Judge read aloud a Proclamation designating
the month of November 2008 as "Home Care and Hospice Month".
The Court joins with the Texas Association for Home Care and
Hospice Providers to encourage the support and participation
of all citizens in learning more about home care and hospice
Vol I I ~ Page ~
Commissioners Court meeting October 7, 2008 2
philosophy of care for the elderly, disabled and the
terminally ill. On motion by the County Judge, seconded by
Commissioners Peters, Mallard, and Cauley the Court voted
unanimously to proclaim the month of November 2008 as " Home
Care and Hospice Month" throughout Brazos County.
The next matter before the Court was consideration of a
request from the Sheriff's Office to transfer sufficient funds
from Patrol Position #13 to the Courthouse Security
Supervision Position #1 to reclassify it from a Group 23, Step
5 to a Group 23, Step 7 position. The Sheriff also requested
that the balance of dollars be retained in Patrol Position 13
through the 2007/2008 and 2008/2009 budget years. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the request.
The Court next considered a request from 361St District
Court Judge, Steve Smith to reclassify the Court Coordinator
position from a Group 8, Step 7 to a Group 8, Step 9 position.
On motion by the Count Judge, seconded by Commissioner Cauley,
the Court voted unanimously to approve the request.
The Court next considered a request for an increase in
the County Supplement for the District Attorney. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the request.
Vol I I S Page
Commissioners Court meeting October 7, 2008 3
The next matter before the Court was consideration of a
request for a Juvenile Board Supplement of $600 for the
Citizen member of the Juvenile Board. On motion by the County
Judge, seconded by Commissioner Cauley, the Court voted
unanimously to approve the request.
The Court next considered a request from Wayne Dicky,
Jail Administrator to use contingency funds and for a budget
amendment to the 2008-2009 budget for the purchase of a
replacement Kettle for the kitchen at the detention center.
On motion by Commissioner Cauley, seconded by Commissioner
Mallard, the Court voted unanimously to approve the request.
The Court next considered a request from Constable,
Precinct 1, Archie Clark for $480 to cover cell phone
allowance for his new deputy. On motion by Commissioner
Peters, seconded by Commissioner Cauley, the Court voted
unanimously to approve the request.
The Court next considered Budget Amendment #07/08-50.1
through 50.4 that would reallocate funds for various
departments, 85th District Court (2), 361St District Court and
County Court at Law #2 (2), Constable, Precinct 1, Constable,
Precinct 4, Sheriff's Office and Jail. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the budget amendments as
Vol 115- Page ~0
Commissioners Court meeting October 7, 2008 4
submitted. A copy of each amendment is attached.
The Court next considered Budget Amendment #08/09-1.1
through 1.8 that would transfer funds from Sheriff's Office to
Courthouse Security, from Contingency to Non-Departmental,
Capital Improvement Fund-Jail, Constable, Precinct 2, 361St
District Court, Juvenile Services, District Attorney; and
transfer funds from Road & Bridge Department Contingency to
Road & Bridge Department. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to approve the budget amendments as submitted. A copy of each
amendment 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 Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The next matter before the Court was consideration of a
contract with Brazos County Historical Commission to actively
promote the interest in and appreciation of the rich history
of Brazos County. Funding is to be in the amount of $5,100
for the period of October 1, 2008 through September 30, 2009.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the contract
Vol 115 Page
Commissioners Court meeting October 7, 2008 5
and authorized the County Judge to execute the document. A
copy is attached.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7054778 through 7055000
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The next matter for consideration was approval of tax
refund application from the following individual:
a. Ree Vee Thompson & Linda, over payment $ 1,638.88
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the tax refund
application.
The Court next considered a Resolution authorizing the
institution by the County Attorney of Eminent Domain
Proceedings concerning a tract of and at 1821 Sandy Point
Road, Bryan, Brazos County, Texas. On motion by Commissioner
Peters, seconded by Commissioner Cauley, the Court voted
unanimously to adopt the Resolution authorizing the
institution by the County Attorney of Eminent Domain
Proceedings against Joe Marino or against the real and true
Vol II5 Page S
Commissioners Court meeting October 7, 2008 6
owner, owners, claimant, or claimants. A copy of the
Resolution is attached.
The next matter before the Court was consideration of the
effective date and increase to employee and retiree medical
and dental premiums. Medical premiums will increase to $30
per month. All other categories will increase by 5 percent.
Dental premiums will increase by 20 percent in all categories.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the increases
and to make the increases effective January 1, 2009. A copy is
attached.
The Court next considered awarding Bid No. 2008-047, Oil
Changes. Pat Howard, Purchasing Agent, recommended acceptance
of the bid submitted by H&M Wholesale. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to accept the recommendation of the
Purchasing Agent and award the contract to H&M Wholesale. A
copy of the bid tabulation is attached.
The next matter before the Court was consideration of the
Asset Forfeiture Report for Constable, Precinct 1. On motion
by Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to accept the report.
Vol 115 Page 11
Commissioners Court meeting October 7, 2008 7
The Court next considered the Texas County and District
Retirement Plan Provision for plan year 2009. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to make no changes in the current plan
and to maintain the elected rate of 11.80 percent for Plan
Year 2009. A copy of the declaration is attached.
The next matter before the Court was consideration of a
payment authorization in the amount of $76,300.00 to Adele
Carboni Consulting for records management services. The
amount exceeded the purchase order. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the payment authorization.
The Court proceeded to consider another payment
authorization in the amount of $350.00 to Brazos United
Roofing, Inc. for repairs for the Sheriff's Office. On motion
by Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the payment authorization.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installations in the right-of-way of Saxon Road. The
site is located in Precinct 2. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Peters, seconded by Commissioner
Vol 115- Page 10
Commissioners Court meeting October 7, 2008 8
Cauley, the Court voted unanimously to approve the request
from Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The next matter before the Court was consideration of an
Earnest Money Contract and grant authorization for the County
Judge to sign all documents necessary to close the transaction
for sale of 4,400 square feet of land along Jones-Butler Road
in Precinct 1. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to accept the
Earnest Money Contract and authorized the County Judge to
execute the documents. A copy of the Earnest Money Contract
is attached.
The Court next considered extension of the medical
contract with Dr. Rany Cherian for the 2008-2009 fiscal year
to provide medical services to inmates in the Brazos County
Jail. The fee is $5,500 each month services are provided. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the extension
of the medical contract with Dr. Cherian and authorized the
County Judge to execute the document. A copy is attached.
The Court next considered a contract with ATM Adventures
to provide ATM machines at the following locations:
A. Brazos County Administration Building
B. Brazos County Exposition Complex
Vol 115 Page I
Commissioners Court meeting October 7, 2008 9
Upgrade Machines:
A. Brazos County Courthouse
B. Brazos County Tax Office
Brazos County will receive $0.25 for each approved surcharged
cash withdrawal. On motion by the County Judge, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the contract with ATM Adventures and authorized the County
Judge to execute the document. A copy is attached.
The next matter before the Court was consideration of
Data Access Agreements for the use of data obtained, stored
and maintained by Brazos County for criminal justice purposes
with the following law enforcement agencies:
a. College Station Police Department
b. Texas A&M University Police Department
c. Bryan Police Department
d. Office of the Attorney General
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the data access
agreements and authorized the County Judge to execute the
documents. A copy of each is attached.
The Court acknowledged receipt of the Extension
Service reports for September 2008 and acknowledged
receipt of reports from the following County and Precinct
Offices showing revenues collected and remitted to the
County Treasurer:
Vol 11 Page 1 a
Commissioners Court meeting October 7, 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
Road & Bridge
Sheriff
A copy of the Officials' reports can be viewed in the
County Auditor's office.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a. There were 539 inmates in jail, 92 are on ankle
monitors and 46 are awaiting their monitors.
10
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 115 Page 113
The foregoing minutes of the Commissioners Court meeting held
October 7, 2008 have been examined and are approved in open
Court this the ICZT- day ofb7etj,,C. , 2008, in Bryan,
Randy
Count
~ ~-C
Duane Peters
Commissioner, Precinct 2
cti, I e 0 - r, / a - I
Carey C le ,
Commiss oner, Precin t 4
Attest:
'Karen McQueen
County Clerk
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, Precinct 3
Vol 115 Page 14
Brazos County, Texas.
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON I 2008 AT !•~~a
Name (PLEASE PRINT)
Organization/Department
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1 16
r
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 20OF AT .doIfAi
V i~ j
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-50.1 thru 07/08-50.4
On this the 70' day of October, 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 7, October 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 are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 70' day of October, 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
Randy Sims, County Judge
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 50.1
10/7/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
10500000
51200000
DR
Salary Dept Head
461.00
0100
10500000
53100000
CR
Social Security
460.00
0100
10000100
51640000
CR
Hourly - Temporary
1.00
0100
12500100
51200000
DR
Salary Dept Head
330.00
0100
12500100
53100000
CR
Social Security
330.00
0100
22000100
51100000
DR
Salary Elected Official
62.00
0100
22000100
51300000
DR
Salary Staff
953.00
0100
22000100
53300000
CR
Employee Health Insurance
1,015.00
0100
22500100
51150000
DR
Salary Appointed Official
120.00
0100
22500100
53100000
CR
Social Security
120.00
0100
22600100
51150000
DR
Salary Appointed Official
558.00
0100
22600100
53300000
CR
Employee Health Insurance
558.00
0100
23100100
51100000
DR
Sala Elected Official
789.00
0100
10000100
51640000
CR
Hourly Temporary
789.00
0100
24201200
51100000
DR
Salary Elected Official
304.00
0100
24201200
53300000
CR
Employee Health Insurance
304.00
0100
30101100
51100000
DR
Sala Elected Official
394.00
0100
30101100
53800000
CR
Worker's Comp
394.00
0100
30201100
51100000
DR
Salary Elected Official
201.00
0100
30201100
53100000
CR
Social Security
201.00
0100
30301100
51100000
DR
Salary Elected Official
394.00
0100
30301100
53800000
CR
Worker's Comp
394.00
0100
30401100
51100000
DR
Salary Elected Official
394.00
0100
30401100
53800000
CR
Worker's Comp
394.00
0100
31040000
51300000
DR
Sala Staff
202.00
0100
16000100
51300000
CR
Salary Staff
202.00
0100
35500100
51200000
DR
Salary Staff
341.00
0100
35500100
53300000
CR
Employee Health Insurance
341.00
Various Departments
To provide funding for accruals and to close out fiscal 20
Li -
f, Department Approval Date
Prepared By:.:._,
Date:
County Jud Approval ate
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 50.2
10/7/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
22000100
51642000
DR
Visitin Bailiff
1,035.75
0100
22000100
71025000
CR
Contract Services
407.50
0100
22000100
61931000
CR
Visiting Judges
502.64
0100
22000100
61900000
CR
Visiting Court Reporter
125.61
0100
22200100
51642000
DR
Visitin Bailiff
1,143.75
0100
22200100
71025000
CR
Contract Services
682.50
0100
22200100
61931000
CR
Visiting Judges
461.25
0100
23100100
51641000
DR
Visiting Judges
1,811.00
0100
23100100
51642000
DR
Visiting Bailiff
488.00
0100
23100100
71025000
CR
Contract Services
497.00
0100
23100100
61931000
CR
Visiting Judges
1,802.00
85Th Distr
ict Court, 361st District Court, and County Court at Law #2:
To reallocate funds to rovide funds for visiting baliffs and visitin 'ud es to close out fiscal year 2008.
Department Approval Date
Prepared By:
Date: D /2 c7$
County Ju a App val Da u~%
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 50.3
i ri/Mnns
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
22000100
51940000
DR
Compensated Leave
451.00
0100
22000100
53300000
CR
Employee Health Insurance
451.00
0100
22600100
51940000
DR
Com ensated Leave
247.00
0100
22600100
53300000
CR
Employee Health Insurance
247.00
0100
23100100
51940000
DR
Compensated Leave
346.00
0100
11001500
61130000
CR
Employee Health Insurance
346.00
0100
30101100
51940000
DR
Com ensated Leave
420.00
0100
30101100
53800000
CR
Worker's Compensation
420.00
0100
30301100
51940000
DR
Compensated Leave
519.00
0100
30301100
53800000
CR
Worker's Compensation
519.00
0100
30401100
51940000
DR
Compensated Leave
520.00
0100
30401100
53800000
CR
Worker's Compensation
520.00
85th Distr
ict Court, M
agistrate, County Court at Law #2, Constable Pct #1, Constable
Pct. #4:
To provide fundin for com ensated
leave to c
lose out fiscal year 08.
Prepared By:
Date: ol-Lq D~
U -0Z- D
Department Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 50.4
lni712nns
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
28000100
51620000
DR
Overtime
20,097.00
0100
28000100
51940000
DR
Compensated Leave
8,800.00
0100
28000100
53100000
CR
Employee Health Insurance
14,941.00
0100
28000100
53800000
CR
Worker's Compensation
13,956.00
0100
28002000
51620000
DR
Overtime
115,020.00
0100
28002000
53300000
CR
Employee Health Insurance
115,020.00
Sheriff Office and Jail
To reallocate funds to provide fundin to a for overtime in the Sheriff Office and the Jail Depart ment. This will closeout
the ex enditure for fiscal year 2008.
F-
I
a C '2
Jam- Department Approval Date
Prepared By:
Date:
ounty J _ ge Approval ` Da
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09-1.1 thru 08/09-1.8
On this the 7 h day of October, 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 7, October 2008 the Court heard and approved a budget amendment for the
2008-2009 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 19 September 2008, the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 7`l' day of October, 2008.
THE COMMSSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By
On
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Randy Sims, County Judge
attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -1.1
. f1,7 /9f1A0
FUND
0100
0100
0100
0100
0100
DIV
28000100
28000100
28000100
28000100
28000100
ACCT
51615000
53100000
53200000
53800000
53900000
PROJ
DR/CR
CR
CR
CR
CR
CR
ACCOUNT NAME
Hourly - Law Enforcement
Social Security
Retirement
Worker's Comp
Unemployment
Increase
Decrease
2,505.60
192.00
296.00
62.00
3.00
0100
91200000
DR
Transfer to Courthouse Security Fund
3,058.60
2200
49028000
CR
Transfer fm General Fund
3,058.60
2200
51000100
51615000
CR
Hourly - Law Enforcement
2,505.60
2200
51000100
53100000
CR
Social Securi
192.00
2200
51000100
53200000
CR
Retirement
296.00
2200
51000100
53800000
CR
Worker's Comp
62.00
2200
51000100
53900000
CR
Unemployment
3.00
Sheriff Office and Courthouse Securi Fund:
To transfer funds to the Courthouse Securi Funds to allow for the reclassification of the Courthouse Securi
Su ervisor
as follows:
from
Group 23 Ste 5 23.78, $49,652.64
to
Group 23 Ste 7 24.98, $52,158.24
total amount transferred from the General Fund to Courthouse Security Fund Sala and benefits of $3,058.60.
This will reclassify. Deputy Sheriff Class code 1415 position 13 Group 21 Ste 11 to Group 21 Ste 9
and Courthouse Securi Su ervior Class Code 1450 Position 1 from Group 23 Ste 5t o Grou 23 Ste 7.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -1.2
10/7/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contin enc 5,766.43
0100 11000500 61450000 DR Miscellaneous 5,766.43
Non-Departmental and Contingency
To provide funds for the payment to the Internal Revenue Serive approved b Commissioners Court on agenda
dated September 23, 2008, item number 10. This is for additional taxes for calendar year 2005, based on a Payroll
Tax Examination for 2005.
Prepared By:
Date
10/2/2008 D- ~~'i) 1~~ , 1 o-- c" 2 L `
i fj
Depar"ent Approva Date
Date
I 6~2~
County Judge ,Approval
4\ I~~:, J
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 1.3
nffmnna
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
12,413.00
0100
91110000
DR
Transfer to Capital Improvement Fund
12,413.00
4500
49028000
CR
Transfer from Genral Fund
12,413.00
4500
63000500
80283000
DR
Equipment-Jail
12,413.00
Contingency, General Capital Improvement Fund: Jail
To provide
funding for a kettle ordered durin Sept mber 2008 not anticipated to arrive until approxi
mately October 30, 2008.
Department Approval Date
Prepared By: if)
Date: _ 1012/2008
.,ounty Judge pproval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -1.4
10/7/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
56001000
611130000
CR
Contingency
924,949.49
0100
56001000
80715000
DR
Roads - Capital
695,015.20
0100
56001000
80150000
DR
Building - R& B
131,983.29
0100
56001000
80440000
DR
Land
97,951.00
Road and Bridge
To reallocate funds to rovide for a brid
e and build
ing that was not completed in fiscal ear 2009 and to fund construction of a new ar
Department Approval Date
`Prepared By: ifj
Date: 10/2/2008
County Jud Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -1.5
i wmm
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contin enc
700.00
0100
91110000
DR
Transfer to Capital Improvement Fund
700.00
4500
49028000
CR
Transfer from Genral Fund
700.00
4500
63000500
67287000
DR
Equipment- Radios
700.00
0100
11001500
61130000
CR
Contingency
1,080.00
0100
30201100
61750000
DR
Tele hone - Cellular
1,080.00
Contingency and Constable Pct #2: Lam o
To reallocate funds to allow for the Nextell Cell hone month) charge of $89.98/month for the new de u as well as
additional funds needed to for the car radio for the new deputy,
A\\ v
G C. 2
Qepartment Approv Date
Prepared By: ifj
Date: 1012/2008.
County Judg pproval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -1.6
10/7/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
2,475.00
0100
22200100
51610000
CR
Hourly - Staff
2,067.00
0100
22200100
53100000
CR
Social Security
158.00
0100
22200100
53200000
CR
Retirement
244.00
0100
22200100
53800000
CR
Worker's Comp
4.00
0100
22200100
53900000
CR
Unem to ment
2.00
Contingency and 361st District Court
To reallocate funds to for the reclassification of the Court Coordinator position 2532 position 1 as fo
llows:
From
Group 18 Ste 7 $19.51/hr, $ 40,736.88 annual salary
To
Group 18 Ste 9 $20.50/hr, $ 42,804.00 annual salary
This will eq
ualize the salary for both the 361st District Court Coordinator and 85th District Court Coordinator.
Prepared By: ifj
Date: 10/212008
Department Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -1.7
10/7/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contin enc
605.00
0100
31000100
51100000
CR
Sala - Juvenile Board
600.00
0100
31000100
53100000
CR
Social Security
4.00
0100
31000100
53800000
CR
Worker's Comp
1.00
Contingency and Juvenile
To appropriate funds to allow for the payment to the citizen on the Juvenile Board. The funds were inadvertl missed durin the
preparation of the fiscal
ear 2009 budg
et.
r, )
Department Approval Date
Prepared By: ifj'
Date: 10/212008
County Ju a Approval Date
I►5 ~9
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -1.8
1017/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
4,642.00
0100
19000100
51100000
CR
Salary - elected Official
3,880.00
0100
19000100
53100000
CR
Social Security
297.00
0100
19000100
53200000
CR
Retirement
458.00
0100
19000100
53800000
CR
Worker's Comp
7.00
Contin enc and District Attorney
To increase the Brazos County supple nt aid to t
he District Attorney toe uailize the salary to the same as all the sup
lements aid to
the Brazos County District Judges.
Department Approval Date
Prepared By: ifl
Date: 10/2/2008
o m7~proi7al Date
h-~ '30
PERSONNEL
CHANGE OF STATUS REQUESTS (Page 1 of 2)
Commissioner Court Date: October 7, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
85`h District Court
Frederick, Paula
Langley, J.D.
Correction to Pay Rate
Correction to Pay Rate
272°° District Court
361" District Court
Bryan, Travis B.III
Jakubik, Tiffany
Smith, Steve
Budget Change
Promotion
Budget Change
Brazos Center Luong, Tina New Hire
Phillips, Brian New Hire
Semeken, Brein Resignation
Budget Office Jett, Irene
Correction to Pay Rate
Building Maintenance Stutts, Ernest
Correction to Pay Rate
County Attorney Anderson, Rodney
Correction to Pay Rate
Bailey, Brenda
Correction to Pay Rate
Ballard, William
Correction to Pay Rate
Barton, Matthew
Correction to Pay Rate
Eplen, Rebecca
Correction to Pay Rate
Giles, Spencer
Correction to Pay Rate
Higginson, G. David
Correction to Pay Rate
Matzke, W. Flint
Correction to Pay Rate
Phariss, Jack
Correction to Pay Rate
Price, I. Richard
Correction to Pay Rate
Risinger, Brian
Correction to Pay Rate
Snelling, Tina
Correction to Pay Rate
County Auditor's Bates, Amy
Correction to Pay Rate
Cao, Thao
Correction to Pay Rate
Conner, Katie
Correction to Pay Rate
Cokel, Megan
Correction to Pay Rate
Deng, Fang
Correction to Pay Rate
Garton, Mark
Correction to Pay Rate
Lozano, Rosa
Correction to Pay Rate
Pratt, Brian
Correction to Pay Rate
See, Magdalen
Correction to Pay Rate
County Clerk Gallion, Seth Cell Phone Allowance
Workman, Flo Cell Phone Allowance
County Judge Lockledge, Debbie Correction to Pay Rate
District Attorney Baker, Brian
COLA
Brick, John
COLA
Comte, Kara
COLA
Crenshaw, Cory
COLA
Escue, Jessica
COLA
Hilburn, David
COLA
Howell, Doug
COLA
James, 1An ea
COLA
PERSONNEL
CHANGE OF STATUS REQUESTS (Page 2 of 2)
Commissioner Court Date: October 7, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
District Attorney (Continue) Parson, Jarvis
COLA
Phelps, Shane
COLA
Price, Brian
COLA
Schwartz, Bryan
COLA
Smith, Danny
COLA
Swan, Misty
COLA
Thomas, Ray
COLA
District Clerk
Hamlin, Nolan M.
Correction to Pay Rate
Skinner, Tanya
Correction to Pay Rate
Exposition Complex
Cammack, Lonnie
Budget Change
Glover, John
Budget Change
Quales, Tom
Budget Change
Human Resources
Salazar, Jennifer
Correction to Pay Rate
Hotel Occupancy Tax Fund
Kasperbauer, Megan
COLA
Juvenile Services
Anderson, Cecilia
Budget Change
Densey, Christopher
Transfer with in Dept.
Gonzales, Liza
Transfer with in Dept.
Madden, James
Transfer with in Dept.
Watson, Adam
State Stipend
Justice of the Peace Pct. 2.2
Munoz, Tommy
Correction to Pay Rate
Magistrate
VanNest, Wayland Eugene
Budget Change
Zachary (Garcia), Dana
COLA
Metropolitan Planning Organization
Benthul, Bart
Correction to Pay Rate
Lasut, Linda
Correction to Pay Rate
Kubichek, Susan
Correction to Pay Rate
Timms, Jennifer
Correction to Pay Rate
Sheriff's Office
Spradlin, Michael Todd
Transfer to Another Dept.
Sheriff's Office- Jail
Bean, Crista
Resignation
Dominik, Teresa
New Hire
Henderson, Brandon
New Hire
Hernandez, Amanda
Resignation
Holloway, Dwayne
Resignation
Ostiguin Jr., Jessie
Transfer to Another Dept.
Treasurer's Office
Kornegay, Ashley
Budget Change
Approved in Commissioners' Court: October 7, 2008:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
BRAZOS COUNTY HISTORICAL COMMISSION
1200 Goode Street
College Station, TX 774400-3033
This contract is between the Brazos County Historical Commission and Brazos
County, Texas for the period October 1, 2008 through September 30, 2009 for FY 2009.
Brazos County acting through the County Judge and the County Commissioners
agrees to provide funding in the amount of $5,100 for the Brazos County Historical
Commission (BCHC) to actively promote the interest in and appreciation of the rich
history of Brazos County by encouraging individuals, organizations, businesses, and
others to submit applications for historical markers for buildings, organizations,
activities, individuals, sites of historical events, and other entities and events throughout
Brazos County and by supporting other groups and events that have the same goals.
The Brazos County Historical Commission annually requests funding to carry out
its duties as a state mandated unit of the county and spends county appropriated funds to
carry out the activities which the Texas Historical Commission encourages every county
historical commission to carry out. The BCHC uses county funds to pay for markers only
when there is no individual, group, or agency to pay for a marker that the BCHC feels is
important to help inform citizens of Brazos County and others who may visit the county
about some part of the rich history of Brazos County. We understand that visitors to
Texas from other states often seek out historical markers along our highways to help
them obtain information about historical sites throughout the state. Whenever a new
historical marker is created for Brazos County we organize a publication dedication
ceremony and encourage the members of the BCHC, the general public, and the various
media outlets in the area to attend to help get out the message that there is much of
historical interest to see in Brazos County.
Any funds not expended by the BCHC during the fiscal year for which the funds
have been appropriated revert to Brazos County. Upon request, BCHC will make its
books and records available to the Brazos County Auditor for inspection and to confirm
that monies have been expended toward the purposes stated herein.
J I L4 - 'If -
1 -4j'110 -X~
Charles
R. Schultz Randy
Chairman, BCHC Brazos Vouny Judge
33
~i5.
RESOLUTION
A RESOLUTION OF THE BRAZOS COUNTY COMMISSIONERS' AUTHORIZING
THE INSTITUTION BY THE COUNTY ATTORNEY OF EMINENT DOMAIN
PROCEEDINGS
WHEREAS, the Brazos County Commissioners' Court now finds and determines that
public convenience and necessity require Brazos County to acquire private property at 1821
Sandy Point Rd., Bryan, Brazos County, Texas, for public use through the exercise of eminent
domain; and
WHEREAS, an independent professional appraisal report of the subject property has
been submitted to the county which accordingly established and approved a certain amount
determined to be just compensation for that property, and
WHEREAS, the Brazos County Commissioners' Court, through its duly authorized
representatives, has negotiated with the owner of the land for the purchase of same for the
purpose stated herein and the owner has been unable to agree with Brazos County on the
property's fair cash market value thereof and damages, if any, and further negotiations for
settlement have become futile and impossible, and
WHEREAS, the Brazos County Commissioners' Court has complied with all
prerequisites of the law, including a "Landowner's Bill of Rights" statement to the owner, along
with a copy of an appraisal report, and public necessity requires the acquisition of the
unencumbererd fee simple title to the property described above for the contemplated
construction, expansion, installation, maintenance, and operation of a county jail and related
public purposes, now, therefore,
BE IT RESOLVED BY THE BRAZOS COUNTY COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS:
Section 1. The facts and recitals set forth in the preamble of this resolution are
hereby found to be true and correct.
Section 2. The Brazos County Commissioners' Court finds that bona fide
negotiations have been conducted by duly authorized representatives of Brazos County for the
acquisition of the tract of land at 1821 Sandy Point Rd., Bryan, Texas, and that said negotiations
its
were not successful and have failed, and that the only way for Brazos County to acquire such
interest in said tract of land is through the filing of eminent domain proceedings.
Section 3. The land is necessary to serve a public purpose, being the construction,
installation, expansion, maintenance, and/or operation of buildings, including, but not limited to,
a county jail, in furtherance of the operations and administration of the Brazos County Sheriff's
office..
Section 4. The Brazos County Attorney or his representative, is hereby authorized to
file and cause to be filed proceedings in eminent domain to acquire fee title in and to the above
described property and to conduct all parts of the condemnation process, including participation
in voluntary or court-ordered mediation, if necessary, on behalf of Brazos County under
applicable provisions of law, whether provided by Chapter 261 of the TEXAS LOCAL
GOVERNMENT CODE ANN., Chapter 21 of the TEXAS PROPERTY CODE ANN., or by any other
provision of law, against the owner or owners of the land, to-wit: Joe Marino, or against the real
and true owner, owners, claimant, or claimants if Joe Marino is proven or shown not to be the
true owner of the land.
Section 5. That this Resolution shall take effect immediately upon its adoption.
APPROVED AND RESOLVED this
ATTE T:
Raren McQueen
Brazos County Clerk
BRAZOS COUNTY
HUMAN RESOURCES DEPARTMENT
300 E. 26TH ST. SUITE 107 BRYAN, TEXAS 77803-5327
PHONE (979) 361-4114 FAX (979) 823-6993
MEMORANDUM
Date:
To:
From:
Subject:
October 2, 2008
Commissioner's Court
0
Jennifer Salaza
HR Director
Effective Date and Increase to Employee & Retiree Medical and
Dental Premiums
Medical
Increase the Employee Only premium to $30 per month.
Increase all other categories by 5%.
Dental
Increase all categories by 20%.
These rates apply to both Employees and Retirees with more than 8 years of service (who
retired after 2000). Retirees with less than 8 years of service (who retired after 2000) will
continue to pay the full premium. The effective date of these increases will be January 1, 2009.
Below are the proposed Medical and Dental monthly premiums:
Medical: Em to ees
&--Retirees > 8 ears
Employee Premium
Count Contribution
Total Premium
Employee Only
$30.00
$547.50
$577.50
-
Employee & Spouse
$320.00
$547.50
$867.50
-
Employee & Child
$215.00
$547.50
$762.50
Employee & Family
$440.00
$547.50
$987.50
M~dical:.:Retire
es
Employee Premium
Count Contribution
Total Premium
Employee Only
$577.50
$0
$577.50
-
Employee & Spouse
$867.50
$0
$867.50
-
Employee & Child
$762.50
$0
$762.50
-
-Employee & Family
$987.50
$0
$987.50
Mdcal: CQBRA
Employee Premium
Count Contribution
Total Premium
Employee Only
$577.50
$0
$577.50
-
Employee & Spouse
$867.50
$0
$867.50
-
Employee & Child
$762.50
$0
$762.50
Employee & Family
$987.50
$0
$987.50
11IS _ 3(o
Dental; _Em to ees & Retire;; > 8 bars
Employee Premium
Count Contribution
Total Premium
Employee Only
$19.00
$8.00
$27.00
Employee & Spouse
$52.00
$8.00
$60.00
Employee & Child
$45.00
$8.00
$53.00
Employee & Family
$86.00
$8.00
$94.00
gental; Retirees < 8, °ers
Employee Premium
Count Contribution
Total Premium
Employee Only
$27.00
$0
$27.00
Employee & Spouse
$60.00
$0
$60.00
Employee & Child
$53.00
$0
$53.00
Employee & Family
$94.00
$0
$94.00
Attached is the analysis of our anticipated expenses versus income for 2009, along with our
current and proposed rates per Brenda Cos with Plumhoff & Associates, Inc.
Thank you.
4V -3'7
Required Funding
•
•
EE
5878
26.25
484.50
510.75
3,002,189
ES
708
304.50
484.50
789.00
558,612
EC
1488
204.75
484.50
689.25
1,025,604
EF
761
419.00
484.50
903.50
687,564
5,273,968 5,273,968
ASO
8835
21 1
12
319,739
SL-EE
5878
7!5.
335,399
SL - EF
2957
160.68
475,131
AGG - EE
8835
3.64
32,159
1,162,427
1,162,427
Kelp 1~61
4,090,113
4,634,098
Mr-TIF11154% M-1
5,252,640
5,796,526
Surplus/Deficit
2009 Required
Contribution
Increase
21,427.51
110%
(522,557.52
EE Contribution ER Contribution
'
EE
5006
15.50
8.00
23.50
ES
1113
43.30
8.00
51.30
EC
1373
37.10
6.00
45.10
1
T
7
EF
1042
71.20
8.00
79.20
82,526
319,187
CURR
ENT
EE
5878 $
26.25
$
154,297.50
$
484.60
$
2,847,891.00
ES
708 $
304.50
$
215,586.00
$
484.60
$
343,026.00
EC
1488 $
204.75
$
304,668.00
$
484.50
$
720,936.00
EF
761 $
419.00
$
318,859.00
$
484.50
$
368,704.50
TOTAL
$
993,410.50
$
4,280,557.50
$
5,273,968.00
EE
5006 $
MUM
Will
15.50
1
77,593.00
$
8.00
is
40,048.00
ES
1113 $
43.30
$
48,192.90
$
8.00
$
8,904.00
EC
1373 $
37.10
$
50,938.30
$
8.00
$
10,984.00
EF
1042 $
71.20
$
74,190.40
$
8.00
$
8,336.00
TOTAL
$
250,914.60
$
68,272.00
$
319,186.60
ro ose increase:
m o ee
e Med
ical,
oun -
11
e m
edical
1
a
en
EE
5878 $
30.00
$
176,340.00
$
9
1 $
3,218,116.83
ES
708 $
319.73
$
226,365.30
$
547.49
$
387,619.38
EC
1488 $
214.99
$
319,901.40
$
647.49
$
814,657.68
EF
761 S
439.95
$
334,801.95
$
547.49
$
416,636.09
TOTAL
$
1,057,408.65
$
4,837,029.98
-
$
5,894,438.63
EE
5006 $
18.60
$
93,111.60
W
$
K9 M-01
-mil
8.00
$
40,048.00
ES
1113 $
51.96
$
57,831.48
$
8.00
$
8,904.00
EC
1373 $
44.52
$
61,125.96
$
8.00
$
10,984.00
EF
1042 $
85.44
$
89,028.48
$
8.00
$
8,336.00
TOTAL
$
301,097.52
$
68,272.00
$
369,369.52
Est.#
H&M
# of
of Year
Wholesale
Total $
DESCRIPTION
Cars
Changes
Unit Price
1984 Chev. Bus
1
6
Shell Oil Change
$30.59
$183.54
Air Filter
$ 7.99
$47.94
Brand-Air Filter
Mighty
Car Total
$231.48
1994 Dodqe Pic ku
1
6
Shell Oil Change
$30.59
$183.64
Air Filter
$ 6.99
$41.94
Brand-Air Filter
Mighty
Car Total
$225.48
1995 Ford Van
1
6
Shell Oil Change
$30.59
$183.64
Air Filter
$7.75
$ 46.60
Brand-Air Filter
Mighty
Car Total
$ 230.09
1996 Doclae Ram Van
2
12
Shell Oil Change
$30.59
$ 367.08
Air Filter
$ 7.99
$95.88
Brand-Air Filter
Mighty
Car Total
$462.96
1996 Dodge Van
1
6
Shell Oil Change
$30.59
$ 183.64
Air Filter
$ 7.99
$ 47.94
Brand-Air Filter
Mi h
Car Total
$ 231.48
1996 Chev. Caprice
1
6
Shell Oil Change
$ 30.59
$ 183.53
Air Filter
$ 7.99
$ 47.94
Brand-Air Filter
Mighty
Car Total
$ 231.48
1997 Dod a 3f4 Ton
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 7.99
$ 47.94
Brand-Air Filter
Mi ht
Car Total
$ 231.48
1997 Dodge Pickup
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 7.99
$ 47.94
Brand-Air Filter
Mighty
Car Total
$ 231.48
1998 Chev. Lumina
1
6
Castrol Oil Change
$ 30.59
$ 183.54
Air Fitter
$ 8.99
$ 53.94
Brand-Air Filter
Shell
Car Total
$ 231.48
1998 Ford Econoline
1
6
Castrol Oil Chan e
$ 30.59
$ 183.64
Air Filter
$ 12.50
$ 75.00
Brand-Air Filter
Mighty
Car Total
268.54
1998 Ford 3 dr. ext. V
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 12.50
$ 75.00
Brand-Air Filter
Mighty
Car Total
$ 258.64
1999 Crown Vic.
1
6
Shell Oil Change
$ 30.59
$ 183.54
Air Filter
$ 8.99
$ 53.94
Brand-Air Filter
Mighty
Car Total
$ 237.48
1999 Dod a Maxivan
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 7.99
$ 47.94
Brand-Air Filter
Mighty
Car Total
$ 231.48
1999 Ford Ecoline
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 12.50
$ 76.00
Brand-Air Filter
Mi h
Car Total
$ 258.64
1999 Lincoln Navi ato
1
6
Shell Oil Chan e
$ 30.59
$ 183.54
Air Filter
$ 8.99
$ 53.94
Brand-Air Filter
Mighty
Car Total
$ 237.48
1999 Ford Pickup
1
6
Shell Oil Change
$ 30.59
$ 183.54
Air Filter
$ 12.50
$ 76.00
Brand-Air Fitter
Mighty
Car Total
$ 268.64
2000 Chev. Pickup
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 13.99
$ 83.94
15 03 ~
E
st. 9
H & M
p
ot o
-Year
Wholesale
Total $
D
ESCRIPTION C
ars C
han es
Unit Price
B
rand-Air Filter
Mighty
C
ar Total
$ 267.48
2
001 Ford Ranger Pk
1
6
S
hell Oil Change
$ 30.59
$ 183.54
A
ir Filter
$ 9.99
$ 59.94
B
rand-Air Filter
Mighty
C
ar Total
$ 243.48
2
001 E350 clb.wa on
1
6
S
hell Oil Change
$ 30.59
$ 183.54
A
ir Filter
$ 12.50
$ 75.00
Brand-Air Filter
Mighty
Car Total
$ 258.64
2
0 Picku
0
1
6
She
$ 30.59
F
Air
$ 12.50
$ 75.00
Brar
Mi h
M
Ca
$ 258.64
20own Vic
2
12
Shn e
$ 30.59
$ 367.08
Air
$ 8.99
$ 107.88
Brand-Air Filter
Mi h
Car Total
$ 474.96
2002 Ford Crown Vic.
5
30
Shell Oit Chan e
$ 30.59
$ 917.70
Air Filter
$ 8.99
$ 269.70
Brand-Air Filter
Mighty
Car Total
$ 1,187.40
2002 Ford 150 aM.ca
3
18
Shell Oil Chan e
$ 30.59
$ 448.82
Air Filter
$ 12.50
$ 225.00
Brand-Air Filter
Shell
Car Total
$ 674.82
2002 Ford El 50 Club
1
6
Shell Oil Change
$ 30.59
$ 183.54
Air Filter
$ 12.50
$ 75.00
Brand-Air Filter
Mighty
Car Total
$ 258.64
2002 Windstar Ca o
1
6
Shell Oil Chan e
$ 30.59
$ 183.54
Air Filter
$ 11.99
$ 71.94
Brand-Air Filter
Mighty
Car Total
$ 255.48
2002 Ford 15 sn r w
1
6
Shell Oil Chan e
$ 30.59
$ 183.64
Air Filter
$ 12.50
$ 75.00
Brand-Air Filter
Mighty
Car Total
$ 258.64
2003 Ford Crown Vic.
6
36
Shell Oil Change
$ 30.59
$ 1,101.24
Air Filter
$ 8.99
$ 323.64
Brand-Air Filter
Mighty
Car Total
$ 1,424.88
2003 Chev. Truck S10
1
s
Shell Oil Chan e
$ 30.59
$ 183.64
Air Filter
$ 8.99
$ 53.94
Brand-Air Fitter
Mi h
Car Total
$ 237.48
2003 Ford Truck 150
2
12
Shell Oil Change
$ 30.59
$ 367.08
Air Filter
$ 12.50
$ 150.00
Brand-Air Fiter
Mighty
$ 379.58
0 Van
1
6
han e
$ 30.59
$ 183.64
12.50
$
$ 75.00
Filter
a
Mi ht
l
258.64
d Crown Vic.
d
9
54
han e
$ 30.59
$ 1,661.86
Air Filter
$ 8.99
$ 486.6
Brand-Air Filter
Mighty
Car Total
$ 2,138.32
2004 Dodge Dakota T
1
6
Shell Oil Chan e
$ 30.59
$ 183.54
Air Filter
8.59
$ 53.94
Brand-Air Filter
miclhw
Car Total
237.48
$
2004 Ford Van E 350
1
6
n
Shell OilChan e
059
$ 183.54
Air Fitter
2.50
$ 75.00
Brand-Air Filter
Car Total
$ 258.64
2005 Ford Crown Vic
9
54
Shell Oil Chan e
$ 30.59
$1,651.86
Air Fitter
$ 8.99
$465.46
Brand Air Filter
Mi h
Car Total
$ 2137.32
2005 Dod a Caravan
1
6
E
st. 0
H b M
N
-of o
f Year
Wholesale
Total $
D
ESCRIPTION C
ans C
han es
Unit Price
S
hell Oil Chan e
$ 30.59
$ 183.54
A
ir Filter
$ 11.99
$ 71.94
B
rand Air Filter
Mighty
C
ar Total
$ 265648
2
005 Ford Ex l XL
2
12
S
hell Oil Change
$ 30.59
$ 367.08
A
ir Filter
$ 11.95
$ 143.40
Brand Air Filter
Mighty
Car Total
$ 610.48
2
005 For Ex XLS
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 11.95
$ 71.70
Brand Air Filter
Mighty
Car Total
256.24
2005 Ford 250 Truck
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 12.50
$ 75.00
Brand Air Filter
Mighty
Car Total
$ 258.64
2005 Dodge Grand C
1
6
Casterol Oil Chan e
$ 30.59
$ 183.54
Air Filter
$ 11.99
$ 71.84
Brand Air Filter
Car Total
$ 256.48
2006 Ford Econoline
1
6
Shell Oil Change
$ 30.59
$ 183.54
Air Fitter
$ 12.50
$ 75.00
Brand Air Filter
Mi ht
Car Total
$ 258.64
2006 Ford F250 Picku
2
12
Shell Oil Change
$ 30.59
$ 367.08
Air Filter
8 12.50
$ 150.00
Brand Air Filter
Mi ht
Car Total
$ 517.08
2018 Chev. Impala
2
12
Shell Oil Change
$ 30.59
$ 367.08
Air Filter
$ 15.50
$ 186.00
Brand Air Filter
Mighty
Car Total
$ 553.08
2006 Chevy Colo. Pku
3
18
Shell Oil Change
$ 30.59
$ 550.62
Air Fitter
$ 7.99
$ 143.82
Brand Air Filter
Mighty
Car Total
$ 700.44
2006 Dod a Cha er
9
54
Shell Oil Chan e
$ 30.59
$ 1,651.86
Air Fitter.
$ 12.92
$ 697.68
Brand Air Filter
Mighty
Car Total
$ 2,349.64
2006 Ford E350 Van
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 12.50
$ 75.00
Brand Air Filter
Mi ht
Car Total
$ 268.64
2006 Crown Vic.
3
18
Shell Oil Chan e
$ 30.59
$ 449.82
Air Filter
$ 8.99
S 161.82
Brand Air Filter
Mighty
Car Total
2006150 Su rcrew
3
18
Shell Oil Change
$ 30.59
$44
Air Filter
$ 12.50
Brand Air Filter
Might
V
Car Total
2007 Dodge Charger
10
60
Shell Oil Chan e
$ 30.59
Air Fitter
$ 12.92
Brand Air Filte
r
Mi ht
Car Total
$ 2,610.60
2007 Chev. Silverado
1
6
Shell Oil Change
$ 30.59
S 183.64
Air Filter
$ 13.99
$ 8194
Brand Air Filter
Mi h
Car Total
$ 267.48
2007 Chev. Colorado
1
6
Shell Oil Chan e
$ 30.59
$ 183.54
Air Fitter
$ 7.99
$ 63.82
Brand Air Filter
Mi ht
Car Total
$ 247.46
2007 Dodge Man um
1
6
Shell Oil Chan e
$ 30.59
$ 183.64
Air Filter
$ 12.92
$ 77.52
Brand Air Fitter
Mighty
Car Total
$ 261.06
2007 Chev. Tahoe Tr
u 1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 13.99
$ 83.94
Brand Air Filter
Mighty
C 141
Eat. #
H & M
# of
of Year
Wholesale
Total $
DESCRIPTION
Cans
Changes
Unit Price
Car Total
$ 267.48
2007 Ford F1510 Tru
1
6
Shell oil Chan e
$ 30.59
$ 183.54
Air Filter
$ 12.50
$ 75.00
Brand Air Filter
Mighty
Car Total
$ 258.64
2007 Ford Crovm Vic.
1
6
Shell Oil Chan e
$ 30.59
S 183.54
Air Fitter
$ 8.99
$ 53.94
Brand Air Filter
Mi h
Car Total
237.48
2008 Ford F350 Truck
1
6
Shell Oil Change
$ 30.59
$ 183.64
Air Filter
$ 12.50
S 75.00
Brand Air Filter
Mighty
Car Total
$ 268.64
2008 Dodge Charger
4
24
Shell Oil Change
$ 30.59
$ 734.16
Air Filter
$ 12.92
$ 310.08
Brand Air Filter
Mi h
Car Total
$ 1.044.34
2008 Chev ColoPku
1
6
Shell Oil Change
$ 30.59
E 183.54
Air Fitter
$ 7.99
S 47.94
Brand Air Filter
Mighty
Car Total
$ 231.48
2008Ford Cr. Vic
1
6
Shell Oil Change
$ 30.59
S 183.54
Air Filter
$ 8.99
$ 53.94
Brand Air Fitter
Mi h
Car Total
S 237.48
20D8Ford Trk. F150
2
12
Shell Oil Chan e
$ 30.59
$ 367.08
Air Filter
$ 12.50
$ 150.00
Brand Air Filter
Mighty
Car Total
$ 517.08
2008 Ford Van350
2
12
Shell Oil Change
$ 30.59
$ 367.08
Air Filter
$ 12.50
$ 160.00
Brand Air Filter
Mi h
Car Total
$ 517.08
2008 Dodge Durango
5
30
Shell Oil Change
$ 30.59
$ 917.70
Air Filter
11.99
$ 359.70
Brand Air Filter
Mi ht
Car Total
$ 1 277.40
TOTAL
5 30 960.33
AWARD: H&M WHOLESALE. INC. Z) Y
APPROVED BY:
OGE RA IM
DATE: ,•lGc~
Brazos County, #120
Authorization to maintain TCDRS plan provisions
Plan year 2009
With respect to the participation of Brazos County in the Texas County & District Retirement System (TCDRS) for the 2009 plan
year, the following order was adopted:
1. Brazos County makes no change in the plan provisions for non-retirees.
* 2. With respect to benefit payments being paid to retirees or their beneficiaries, Brazos County (check one box):
d does not adopt a cost-of-living adjustment (COLA).
❑ adopts a % CPI-based COLA.
❑ adopts a % flat-rate COLA.
* 3. The required employer contribution rate for Plan Year 2009 will be the following:
(a) Required rate without COLA: 11.11%
(b) COLA rate: + O (enter 0 if not adopting a COLA)
(c) Total required rate (a + b): = 1 1.
* 4. Employers may elect to pay a rate greater than the total required rate listed above. Brazos County adopts for Plan Year 2009
(check one box):
d to maintain the elected rate of 11.80%.
to change the elected rate to
El to eliminate the current elected rate and pay the total required rate listed above.
5. In the event the 2009 total required rate as set out above exceeds 11 and if a current waiver of that limit is not on file with
TCDRS, the Commissioners Court of Brazos County hereby waives the 11 % limit on the rate of employer contributions and such
waiver will remain effective with respect to future plan years until properly revoked by official action.
Certification
I certify that the foregoing authorization concerning the participation of Brazos County in TCDRS/ for Plan Year 2009 truly and
accurately reflects the official action taken during a properly posted and noticed meeting on 2008, by the
CommissielAers Coua"o Brazos County as such action is recorded in the official minutes.
County JudgeA Brazos County
Dated:
* Please fill in the required information for items 2, 3 and 4 before signing and sending this document to TCDRS.
PLEASE FAX TO: (512) 328-8887 115, 11 Apr. 17, 2008
.
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: October 7, 2008
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line
installations in the right of way of Saxon Road (approximately 0.6 mile from its intersection with
FM 2038). Site is located in precinct 2.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. All installation(s) shall be constructed in designated utility easements, if applicable. If no
utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-
of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall
be furnished to the office of the Brazos County Engineer.
5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
S MITTED BY:
Richard F. Vance, P.E.
County Engineer
CC2008-067
This Request is
Date:
PR VE BY:
Commissioner E. Duane Peters
Precinct 2
Denied ❑ by Commissioners' Court
County Judge
44
REQUEST FOR PROPOSED INSTALLP.TION IN COUNTY RIGHT-OF-NAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) _ Wic_kson Creek Special Utility District
proposes to place a (type) Waterline within_ across x the right-of-way of
(road) 11662 Saxon Road in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
.)ecome necessary due tc w'dening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines, in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the Z day of October 20Da.
t
APPROVED BY COMMISSIONERS'
COURT ON'
County Judge
Firm: Wickson Creek Special Utility District
By: 64cb
Vv
Title: General Manager
Address. B. 0. Box 4756
Bryan, Texas 77805
Phone. 979-589-3030
E. Vol. 5
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PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 02-13-06
112t UNIMPROVED PROPERTY CONTRACT
WF NOTICE: Not For Use For Condominium Transactions
1. PARTIES: Brazos County, Texas
Seller) agrees to sell and convey to Palomares Construction Company
Buyer and Buyer agrees to buy from Seller the Property described below.
z. PROPERTY: Lot , Block Addition,
City of ,County of ,
Texas, known as See Exhibit "A" attached herefo and made a part hereof for al! purposes,
(address/zip code), or as described on attached exhibit together with all rights, privileges and
appurtenances pertaining thereto, including but not limited to: water rights, claims, permits,
strips and gores, easements, and cooperative or association memberships (the Property).
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing $ 99,000.00
B. Sum of all financing described below (excluding any loan funding
fee or mortgage insurance premium) $ -0-
C. Sales Price (Sum of A and B) $ 91,000.00
4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check
applicable boxes below)
L A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of
$ (excluding any loan funding fee or mortgage Insurance premium).
(1) Property Approval: If the Property does not satisfy the lenders' underwriting
requirements for the loan(s), this contract will terminate and the earnest money will be
refunded to Buyer.
(2) ~nancing Approval: (Check one box only)
(a) This contract is subject to Buyer being approved for the financing described in the
attached Third Party Financing Condition Addendum.
El (b) This contract Is not subject to Buyer being approved for financing and does not
involve FHA or VA financing.
EJB. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory
notes described in the attached TREC Loan Assumption Addendum.
~C. SELLER FINANCING: A promissory note from Buyer to Seller of $ ,
secured by vendor's and deed of trust liens, and containing the terms and conditions
described in the attached TREC Seller Financing Addendum. If an owner policy of title
insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance.
S. EARNEST MONEY: Upon execution of this contract by both parties Buyer shall deposit
$ 500.00 as earnest money with Aggleland Title Uompany
as escrow agent, at 3740 Copperlield Drive, Suite 109. Bryan, Texas 77802
(address). Buyer shall deposit additional earnest money of $ N/A with escrow
agent within N/A days after the effective date of this contract. If Buyer fails to deposit the
earnest money as required by this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at ❑ Seller's N Buyer's expense an owner policy of
title insurance itle Policy) issued by Aggleland Title Company
(Title CompanyTin the amount of the Sales Price, dated at or after closing, insuring Buyer
against loss under the provisions of the Title Policy, subject to the promulgated exclusions
including existing building and zoning ordinances) and the following exceptions:
1 Restrictive covenants common to the platted subdivision in which the Property is located.
2 The standard printed exception for standby fees, taxes and assessments.
3 Liens created as part of the financing described in Paragraph 4.
4 Utility easements created by the dedication deed or plat of the subdivision in which the
Property is located.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved by
Buyer in writing.
6 The standard printed exception as to marital rights.
7~ The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer's expense,
may have the exception amended to read, "shortages in area".
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
shall furnish to Buyer a commitment for title insurance (Com fitment) and, at Buyer's
Initialed for Identification by Buyer and Seller TREC NO. 9-6
This forth produced by: bf!'i1 800-49MB12
) I 7
Contract Concerning Page 2 of 8 02-13-06
(Address of Property)
expense, legible copies of restrictive covenants and documents evidencing exceptions in the
Commitment (Exception Documents) other than the standard printed exceptions. Seller
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at
Buyer's address shown in -Paragraph' 21. If the Commitment and Exception Documents are not
delivered to Buyer within the specified time, the time for delivery will be automatically extended
up to 15 days or the Closing Date, whichever Is earlier.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to
the Title Company and any lender. (Check one box only)
R9 (1) Within 5 days after the effective date of this contract, Seller shall furnish to Buyer
and Title Company Seller's existing survey of the Prope
If the
existing survey or Affidavit is not_acceptab~e to Title Company or Buyer's lender, Buyer
shall obtain a new survey at LuJ Seller's Ilaa!! Buyer's expense no later than 3 days prior to
Closing Date. If Seller fails to furnish the existing survey or Affidavit within the time
prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days
prior to Closing Date.
❑ (2) Within days after the effective date of this contract, Buyer shall obtain a new
survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual
receipt or the date specified in this' paragraph, whichever is earlier.
❑ (3) Within days after the effective date of this contract, Seller, at Seller's expense
shall furnish a new survey to Buyer.
D. OBJECTIONS: Buyer may object In writing to (1) defects, exce tions,.or encumbrances to title:
disclosed on the survey other than items 6A(1) through 7) above; or disclosed in the
Commitment other than items 6A(1) through (8) above; (ii) any portion of the Property lying in
a special flood hazard area Zone V or A) as shown on the current Federal Emergency
Management Agency map; or (ill) any exceptions which prohibit the following use or activity:
later
Buyer must object not later than (1) the Closing Date or (ii) 5 days er Buyer receives the
Commitment, Exception Documents, and the survey, whichever Is. earlier. Buyer's failure to
object within the time allowed will constitute a waiver of Buyer's right to object; except that the
requirements in Schedule C of the Commitment are not waived. Provided Seller Is not obligated
to incur any expense, Seller shall cure the timely objections of Buyer or any third party lender
within 15 days after Seller receives the objections and the Closing Date will be extended as
necessary. If objections are not cured within such 15 day period, this contract will terminate
and the earnest money will be refunded to Buyer unless Buyer waives the objections.
E. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the
Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or
obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly
reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to
object.
(2) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property ❑ Is 19 is not subject to
mandatory membership ins an owners'. association. If the Property is subject to mandatory
membership in an owners' association, Seller notifies Buyer under §5.012, Texas Property
Code, that as a purchaser of property In the residential community in which the
Property Is located, you are obligated to be a member of the owners' association. Restrictive
covenants governing the use and occupancy of the Property and a dedicatory instrument
governing the establishment maintenance, and operation of this residential community
have been or will be recorded in the Real Property Records of the county in which the
Property is located. Copies of the restrictive covenants and dedicatory instrument may be
obtained from the county clerk. You are obligated to pay assessments to the owners'
association. The amount of the assessments is subject to change. Your failure to pay the
assessments could result in a lien on and the foreclosure of the Property. If Buyer is
concerned about these matters, the TREC promulgated Addendum for Property Subject to
Mandatory Membership in an Owner's Association should be used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily
created district providing water, sewer, drainage, or flood control facilities and services,
Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory
notice relating to the tax rate, bonded Indebtedness, or standby fee of the district prior to
final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally Influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area property to be
included in the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be included
in the extraterritorial jurisdiction of a municipality and _Mayiriow or later be subject to
Initialed for Identification by Buyer and Seller TREC NO. 9-6
This form produced by: rornMAg of * 800-499-9612
1 /5
Contract Concerning Page 3 of 8 02-13-06
(Address of Property)
annexation by the municipality. Each municipality maintains a map that depicts its
boundaries and extraterritorial jurisdiction. To determine if the Property is located within a
municipality's extraterritorial jurisdiction or is likely to be located within a municipality's
extraterritorial jurisdiction, contact all municipalities located In the general proximity of the
Property for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER:
'Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that
you are about to purchase may be located in a certificated water or sewer service area,
which Is authorized by law to provide water or sewer service to the properties in the
certificated area. If your property is located in a certificated area there may be special costs
or charges that you will be required to pay before you can receive water or sewer service.
There may be a period required to construct lines or other facilities necessary to provide
water or sewer service to your property. You are advised to determine if the property is in a
certificated area and contact the utility service provider to determine the cost that you will
be required to pay and the period, if any; that is required to provide water or sewer service
to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing
notice at or before the execution of a binding contract for the purchase of the real property
described in Paragraph 2 or at closing of purchase of the real property.
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district,
§5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this
parcel of real property you are obligated to pay an assessment to a municipality or county
for an improvement project undertaken by a public improvement district under Chapter 372,
Local Government Code. The assessment may be due annually or in periodic installments.
More information concerning the amount of the assessment and the due dates of that
assessment may be obtained from the municipality or county levying the assessment. The
amount of the assessments is subject to change. Your failure to pay the assessments could
result in a lien on and the foreclosure of your property.
(8) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property 0 is ❑ is not located in a
Texas Agricultural Development District. For additional information, contact the Texas
Department of Agriculture.
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to
the Property at reasonable times. Buyer may have the Property inspected by inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections.
Seller at Seller's expense shall turn on existing utilities for inspections.
NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy
Buyer's needs.
B. ACCEPTANCE OF PROPERTY CONDITION: Bu er acce is the Property in its present condition;
provided Se let, al: Seller's expense, --plete the As is, with all faults
C. COMPLETION OF REPAIRS: Unless otherwise agreed in writing, Seller shall complete all agreed
repairs prior to the Closing Date. All required permits must be obtained, and repairs must be
performed by persons who are licensed or otherwise permitted by law to provide such repairs.
At Buyer's election, any transferable warranties received by Seller with respect to the repairs
will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs
prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing.
The Closing Date will be extended up to 15 days, if necessary, to complete repairs.
D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances,
Including asbestos and wastes or other environmental hazards or the presence of a
threatened or endangered species or Its habitat may affect Buyer's intended use of the
Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or
required by the parties should be used.
E. SELLER'S DISCLOSURE: Except as otherwise disclosed in this contract, Seller has no
knowledge of the following:
(1) any flooding of the Property;
2 any pending or threatened litigation, condemnation, or special assessment affecting the
Property;
(3) any environmental hazards or conditions affecting the Property;
4J any dumpsite, landfill, or underground tanks or containers now or previously located on the
Property;
(5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or
6 any threatened or endangered species or their habitat affecting the Property.
8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate
written agreements.
9. CLOSING:
A. The closing of the sale will be on or before October 31 , 20 08 or within 7 days
after objections made under Paragraph 6D have been cured or ~alyed, whichever date is later
Initialed for idenYificatign by Buyer and Seller! TREC NO. 9-6
This form producad by: A aoo- W9612
L 49
Contract Concerning Page 4 of 8 02-13-06
(Address of Property)
(Closing Date). If either party falls to close the sale by the Closing Date, the non-defaulting
party may exercise the remedies contained in Paragraph 15.
B. At closing: special
(1) Seller shall execute and deliver a 19;;t a! warranty deed conveying title to the Property to
Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish
tax statements or certificates showing no 'delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
3 Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits,
releases, loan documents and other documents required of them by this contract, the
Commitment or law necessary for the closing of the sale and the issuance of the Title
Policy.
C. Unless expressly prohibited by written agreement, Seller may continue to show the Property
and receive, negotiate and accept back up offers.
D. All covenants, representations and warranties in this contract survive closing.
10-POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required
condition upon closing and funding.
11.SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the
sale. TREC rules prohibit licensees from adding factual statements or business details for which a
contract addendum, lease or other form has been promulgated by TREC for mandatory use.)
(a) This Contract is conditioned upon the approval of the Brazos County
Commissioner's, Court.
(b) Buyer shall reimburse Seller in the amount of $9,750.00 for the appraisal
performed by S. T. Lovett & Associates upon the Property.
(c) Seller shall reserve the mineral estate of the Property but waive surface use.
12.SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Expenses payable by Seller (Seller's Expenses):
(a) Releases of existing liens, Including prepayment penalties and recording fees; release of
Seller's loan liability; tax statements or certificates- preparation of deed; one-half of
escrow fee; and other expenses payable by Seller under this contract.
(b) Seller shall also pay an amount not to exceed $ N/A to be applied in the
following order: Buyer's Expenses which Buyer ' is prohibited from paying by FHA, VA,
Texas Veterans Housing Assistance Program or other governmental loan programs, and
then to other Buyer's Expenses as allowed by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses):
(a) Loan origination, discount, buy-down, and commitment fees (Loan Fees).
b Appraisal fees; loan application fees; credit reports; preparation of loan documents;
interest on the notes from date of disbursement to one month prior to dates of
first monthly payments; recording fees; copies of easements and restrictions; mortgagee
title policy with endorsements required by lender; loan-related inspection fees; photos,
amortization schedules; one-half of escrow fee; all prepaid items, including required
premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem
taxes and special governmental assessments; final compliance inspection; courier fee,
repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; an~
other expenses payable by Buyer under this contract.
B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA
Mortgage Insurance Premium (MIP) as required by the lender.
C. If any expense exceeds an amount expressly stated In this contract for such expense to be
paid by a party, that party may terminate this contract unless the other party agrees to pay
such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas
Veterans Housing Assistance Program or other governmental loam program regulations.
Initialed for identification by Buyer and Seller TREC NO. 9-6
This fam produced by: ForMlidaW * 800-499-9612
J/sq -50
Contract Concerning Page 5 of 8 02-13-06
(Address of Property)
13.PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues
and rents will be prorated through the Closing Date. The tax proration may be calculated
taking into consideration any change in exemptions that will affect the current year's taxes. If
taxes for the current year vary from the amount prorated at closing, the parties shall adjust
the prorations when tax statements for the current year are available. If taxes are not paid at
or prior to closing, Buyer shall pay taxes for the current year.
B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the
assessment of additional taxes, penalties or Interest (Assessments) for periods prior to closing,
the Assessments will be the obligation of Buyer. If Seller's change in use of the Property prior
to closing or denial of a special use valuation on the Property claimed by Seller results in
Assessments for periods prior to closing, the Assessments will be the obligation of Seller.
Obligations Imposed by this paragraph will survive closing.
14.CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty
after the effective date of this contract, Seller shall restore the Property to its previous condition
as soon as reasonably possible, but In any event by the Closing Date. If Seller fails to do so due
to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money
will be refunded to Buyer (b) extend the time for performance up to 15-days and the Closing Date
will be extended as necessary or (c) accept the Property In its damaged condition with an
assignment of insurance proceeds and receive credit from Seller at closing in the amount of the
deductible under the Insurance policy.. Seller's obligations under this paragraph are independent
of any other obligations of Seller under this contract.
15.DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a)
enforce specific performance, seek such other relief as may be provided by law, or both, or (b)
terminate this contract and receive the earnest money as liquidated damages, thereby releasing
both parties from this contract. If due to factors beyond Seller's control, Seiler fails within the
time allowed to make any, non-casualty repairs or deliver the Commitment, or survey, if required
of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will
be extended as necessary or (b) terminate this contract as the sole remedy and' receive the
earnest money. If. Seller fails to comply with this contract - for any other reason, Seller will be in
default and Buyer may (a) enforce specific performance, seek such other relief as may be
provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby
releasing both parties from this contract.
16.MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through
alternative dispute resolution procedures such as mediation. Any dispute be' en Seller and
Buyer related to this contract which is not resolved through informal discussion LIJ~ WHIR will not
be submitted to a mutually acceptable mediation service or provider. The parties to the mediation
shall bear the mediation costs equally. This paragraph does not preclude a party from seeking
equitable- relief from a court of competent ,jurisdiction.
17.ATTORNEY'S (FEES: The prevailing party in any legal proceeding related to this contract is
entitled to recover reasonable attorney's fees and all costs of such proceeding incurred by the
prevailing party.
18. ESCROW :
A. ESCROW: The escrow agent is not (I) a party to this contract and does not have liability for
the performance or nonperformance of any party to this contract, (ii) liable for interest on the
earnest money and (Iii) liable for the loss of any earnest money caused by the failure of any
financial Institution in, which the earnest money has been deposited unless the financial
institution is acting as escrow agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment,
then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow
agent may require payment of unpaid expenses incurred on behalf of the parties and a
written release of liability of escrow agent from all parties.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a
release of earnest money to each party and the parties shall execute counterparts of the
release and deliver same to the escrow agent. If either party fails to execute the release,
either party may make a written demand to the escrow agent for the earnest money. If only
one party makes written demand for the earnest money, escrow agent shall promptly provide
a copy of the demand to the other party. If escrow agent does not receive written objection to
the demand from the other party within 15 days, escrow agent may disburse the earnest
money to the party making demand reduced by the amount of unpaid expenses incurred on
behalf of the party receiving the earnest money and escrow agent may pay the same to the
creditors. If escrow agent complies with the provisions of this paragraph, each party hereby
releases escrow agent from all adverse claims related to the dis,~VrsaS of the earnest money.
Initialed for Identification by Buyer and Seller _ ,hG TREC NO. 9-6
This form produced by: f b WJatGr * 800-498-9612
Contract Concerning Page 6 of 8 02-13-06
(Address of Property)
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the
escrow agent within 7 days of receipt of the request will be liable to the other party for
liquidated damages of three times the amount of the earnest money.
E. NOTICES: Escrow agent's notices will be effective when sent In compliance with Paragraph
21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent.
19. REPRESENTATIONS: Seller represents that as of the Closing Date (a)) there will be no liens,
assessments, or security interests against the Property which will not be satisfied out of the
sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loans
will not be in default. If any representation, of Seller in this contract Is untrue on the Closing
Date, Seller will be in default.
20.FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or
if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person," then Buyer shall
withhold from the sales proceeds an amount sufficient to comply with applicable tax law and
deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal
Revenue Service regulations require filing written reports if currency in excess of specified
amounts Is received in the transaction.
21.NOTICES: All notices from one party to the other must be in writing and are effective when
mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows:
To Buyer at: To Seller at:
Palomares Construction Company Brazos County. Texas
Brazos County Road and Brldae Dept
2617 Highway 21 West, Bryan, TX 77803
Telephone: Telephone: 979-822-2127
Facsimile: Facsimile:
E-mail: E-mail: Imuegcie(Wco.brazos. ix. us
22.AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and
cannot be changed except by their written agreement. Addenda which are a part of this
contract are (check all applicable boxes):
❑ Third Party Financing Condition Addendum ❑ Environmental Assessment, Threatened or
Endangered Species and Wetlands
Addendum
❑ Seller Financing Addendum ❑ Addendum for Coastal Area Property
❑ Loan Assumption Addendum ❑ Addendum for Property Located Seaward of
the Gulf Intracoastal Waterway
❑ Addendum for Property Subject to ❑ Addendum for Release of Liability on
Mandatory Membership in an Owners' Assumption of FHA, VA, or Conventional
Association Loan Restoration. of Seller's Entitlement for
VA Guaranteed Loan
❑ Addendum for Safe of Other Property by ❑ Addendum for "Back-Up" Contract
Buyer
❑ Other (list):
Initialed for identification by Buyer and Seller ~L- TREC NO. 9-6
This form produced by: FpMUJatW* 800-489-9812
Contract Concerning Page 7 of 8 02-13-06
(Address of Property)
23.TERMINATION OPTION: For nominal consideration, the receipt of which is hereby
acknowledged by Seller, and Buyer's agreement to pay Seller $ (Option Fee)
within 2 days after the effective date of this contract, Seller grants Buyer the unrestricted right to
terminate this contract by giving notice of termination to Seller within days after the
effective date of this contract. If no dollar amount is stated as the Option Fee or if Buyer falls to
pay the Option Fee within the time prescribed, this paragraph will not be a part of this contract
and Buyer shall not have the unrestricted right to terminate this contract. If Buyer gives notice of
termination within the time prescribed, the Option Fee mill nod be refunded; however, any
ear
t
ill b
f
nes
money w
e re
unded to Buyer. The Option. Fee L1 will u will not be credited to the Sales
Price at closing. Time is of the essence for this paragraph and strict compliance with the
time for performance is required.
24.CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS
CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney
BEFORE signing.
Buyer's Seller's
Attorney Is: Attorney is: Patricia E. Meronoff
Telephone: Telephone: (979) 2684343
Facsimile: Facsimile. (979) 268-5323
E-mail: E-mail: pmeronofft@-bruchez.com
EXECUTED the day of . 20 (EFFECTIVE DATE).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
BRAZOS CO TE
lC./ UK- C~ BY
yer Seller Randy Sims, County Judge
Buyer Seller
The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use
only by trained real estate licensees. No representation Is made as to the legal validity or adequacy of any provision in
any specific transactions. It is not Intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188
,
Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC NO. 9-6. This form
replaces TREC NO. 9-5.
Initialed for Identification by Buyer and Seller.
This form produced by: (/~tpr * eoo-499-9612
TREC NO. 9-6
4. ~
ur i iun rcc mc%.Clr i
Receipt of $ (Option Fee) in the form of
Seller or Listing Broker
Date
is acknowledged.
CONTRACT AND EARNEST MONEY RECEIPT
Receipt of ❑ Contract and $ Earnest Money In the form of _
is acknowledged.
Escrow Agent: Date:
By:
Email Address
Telephone
Address
Facsimile:
City State ZIP
This form produced by: FOmxda1tw* soo-49e-0e12 TREC NO. 9-6
Contract Concerning , _ , , „ ~ Page 8 of 8 02-13-06
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SS
EXTENSION CONTRACT FOR MEDICAL SERVICES
Brazos County, a political subdivision of the State of Texas, (herein the "County") and Dr.
Rany Cherian, M.D., a Licensed Medical practitioner in the State of Texas, practicing in
Brazos County, Texas, (hereinafter the "Service Provider"), by this extension agreement and in
consideration of mutual promises set forth below have agreed as follows:
ARTICLE I
JAIL SERVICES
1.01 Scope of Services The Service Provider will, upon referral from the Sheriff's
Department (hereinafter referred to as "Jail") treat inmates located in the Brazos County Jail
facilities operated by the Sheriffs Department. Treatment may occur both within and without
the physical confines of the Jail facilities. Treatment shall include, but not be limited to, on-
site emergency treatment. The Service Provider agrees to adopt and implement workplace
guidance concerning persons with AIDS and HIV infection and to develop and implement
guidelines regarding confidentiality of AIDS and HIV related medical information with
regards to inmates being treated for any complaint.
1.02 Reporting Responsibilities The Service Provider, once treatment has been
provided, will also be responsible for indicating any necessary therapy, additional follow-up
medical treatment or additional medical referral needed to a medical specialist to cover any
inmate problem the Service Provider believes would require such therapy or referral. The
Service Provider will be responsible for communicating therapy or referral needs to the Brazos
County Jail Administrator, or the designated agent. The Service Provider will document all
treatment, need for follow-up treatment, any diagnostic tests needed, therapy suggestions and
referral needs in note form and file the same in the inmate's medical file.
1.03 Additional Services Services to be provided pursuant to this Contract may
include diagnostic testing, whether routine or otherwise, extended long-term medical treatment
programs requiring more than a few treatments for a given malady, treatment outside the Jail
for medical services provided at clinics operated by the Service Provider.
ARTICLE H
FEES
2.01 Professional Fees For the services outlined in Paragraph 1.01, the County will
pay the Service Provider Five Thousand Dollars ($5,000.00), each month services are provided,
consisting of an arbitrary apportionment of $4,000 representing ordinary care and $1,000
representing additional detailed care and record maintenance. Charges for any outside-the-
Jail treatment of inmates at any clinic operated by the Service Provider, or a physician's
certificate related to a mental health commitment, or treatment of an inmate at a hospital
emergency room or for any unusual diagnostic charge, laboratory charge, or extended
treatment program made under this contract will be either billed by the Service Provider as
provided below, or by the independent laboratory or facility that provides such service.
Page 1 of 5
l lS 5l~
2.02 Billina The Service Provider will submit an invoice monthly, within 15 days of
the end of each contract month. The Service Provider will bill the County using a standard
Invoice for Services for the monthly flat rate fee. For services not covered by the Service
Provider's flat fee, the Service Provider will invoice the County using a standard Invoice for
Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized
costs for each, and Extended Total, at prevailing prices, which shall also be stated on the bill.
The County shall pay for services monthly. The Service Provider will not be responsible for
invoicing nor handling any but the related paperwork needed for the orders for such
independent laboratory or diagnostic tests as part of this agreement.
ARTICLE III
ADMINISTRATION OF CONTRACT
3.01 Transportation If the Service Provider has assessed that an inmate needs to be
relocated from the Jail for medical service of any kind or for any reason, this assessment will be
relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent, so that
immediate action can be taken. The Sheriff's Department shall be responsible for initiating
any paperwork which may be needed to re-locate or transport the inmate for such treatment
and for the transportation to an appropriate facility.
3.02 Access to Files Once an inmate has been referred to the Service Provider, the
Service Provider will be allowed to have access to that inmate's personnel and medical file. A
written request for such access is not required to be filed with the Sheriffs Department.
Under ordinary circumstances, presenting an inmate for medical treatment will be evidence of
the authority for access of such records by the Service Provider.
3.03 Suu°ort While on-site, the Sheriffs Department shall be responsible for
providing the Service Provider with any reasonable support, assistance or security that may be
requested.
3.04 Patient Acceptance The Service Provider is under no obligation to accept for
medical treatment an inmate that the Service Provider deems inappropriate for treatment,
however, it is not anticipated that this would ever be likely in the course of this contract.
ARTICLE IV
INSURANCE
4.01 Each party to this agreement is responsible for maintaining their own liability
insurance and worker's compensation insurance, and each party will provide proof of same to
the other party on request. The Service Provider shall maintain during the term of this
contract a $1,000,000.00 malpractice insurance policy and a General Liability Policy of
$1,000,000.00 naming Brazos County, as an additional insured. Service Provider shall provide
a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance
notice to County of the cancellation of such policy.
Page 2 of 5
~~5 67
ARTICLE V
INDEMNITY
5.01 The Service Provider agrees to and shall indemnify and hold harmless and
defend the County, its officers, agents, and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability of any kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of
contract arising out of or in connection with any work done by the Service Provider pursuant
to this Agreement.
ARTICLE VI
INDEPENDENT CONTRACTOR
6.01 In all activities or services performed hereunder, the Service Provider is an
independent contractor, and not an agent or employee of the County. The Service Provider, as
an independent contractor, shall be responsible for all medical services provided and medical
decisions made pursuant to the terms of this Contract. The Service Provider shall supply all
materials, equipment and labor required for providing of medical services as required herein.
The Service Provider shall have ultimate control over the execution of the work under this
Agreement. County shall have no control over any decision, recommendation, or action taken
by the Service Provider pursuant to this Contract.
6.02 The Service Provider shall retain personal control and shall give her personal
attention to the faithful prosecution and completion of the services contracted for herein and
fulfillment of this Agreement.
ARTICLE VII
LICENSING
7.01 The Service Provider is required to maintain all applicable licensing permits to
practice medicine. Further, all permits to or certification necessary to operate the Provider's
clinics shall be maintained. Copies of any applicable licenses are to be fled with Brazos
County.
ARTICLE VIII
DEFAULT
8.01 Events of Default The following occurrences shall be considered events of
default:
a. Failure to maintain license to practice medicine or any restrictions being
placed upon such license by the State Board of Medicine making the
providing of services hereunder impossible or difficult.
Page 3 of 5
b. Failure to maintain all permits and licenses necessary to keep Service
Provider's clinics in operation.
a Cancellation of Service Provider's medical malpractice insurance.
Upon an event of default, the County may terminate this Contract on three (3) days
written notice mailed by certified mail return receipt requested to the address listed below.
ARTICLE IX
GENERAL PROVISIONS
9.01 Venue The venue of this contract is Brazos County, Texas, and this contract
shall be governed by and in accordance with the laws of the State of Texas.
9.02 Termination This contract may be terminated by either party upon thirty (30)
days written notice. Such notice shall be mailed return receipt requested to the non-
terminating party at the addresses listed below.
9.03 Term The term of this contract will be month to month.
SERVICE PROVIDER
,L-" fi-9 ro c
--~11 a Rany C ,S!iaa Date
Randy Sims ounty Judge Date
Page 4 of 5
MAY-15-2004 06:14 From:
To:979 361 4293 P.2/e
Automated Teller Machine (ATM)
Location Agreement
This Location. Agreement is made this October 1 stl 2448, (Effective 'nate") by and between Brazos County
(COI_JNTY) and ATM Ventures/Brazos Valley Bank ("COMPANY").
COMPANY owns automated teller machine(s) ("ATM") and owns or has the right to utilize all software
needed for the operation of the ATMs. COI JNTY grants permission to COMPANY to install, operate, and
Mal nt'aill it's ATM(s) at COUNTY'S premises in an indoor location or locations as mutually agreed and as
identitled in Exhibit 1 attached hereto (The "Premises"). COUNTY grants to COMPANY and
COMPANY's third party servicing agents' access to the ATMs and/or related property at its premises
during normal hours of operation.
COMPANY shall install the ATM(s) at its own expense. COMYAN Y will arrange for necessary servicing
and repair of the ATM(s). In the event of any ATM failure, damage, or other problem requiring repair,
replacement, adjustment or maintenance, COUNTY shall notify COMPANY or a person designated by
COMPANY within twenty-four (24) hours of first becoming aware of such failure or problem, COUNTY
will not permit anyone, other than an authorized representative or designee of COMPANY, to perform any
service or repair work on an ATM without COMPANY's prior written approval. COMPANY or its
representatives shall at any reasonable time and at al I times during business hours have the right to enter
into and upon the Prcurisus for the purpose of inspecting, repairing, maintaining, or upgrading the ATM
and observing its use. COMPANY shall cooperate in providing maintenance, service, parts replacement or
repair that can be performed by remote communication. ,
Owner agrees to ship and install the ATM(s), tram COUNI'Y's staff as necessary, and deliver initial
supplies to COUNTY. The ATM shall be and remain the sole property of COMPANY. COUNTY shall
execute and deliver upon request documentation to put third parties on notice of COMPAN Y's interest in
the ATM(s).
COMPANY shall inventory an adequate supply of paper at the ATM and add as necessary. COMPANY
shall keep sufficient amounts of cash in the ATM(s) at all times,
COMPANY shall, reimburse the COUNTY for the costs of a dedicated business dial up telephone line.
County shall, at its expense, provide one ore more dedicated operating electrical power outlet(s) (1 IOv) for
ATM usage. Both the telephone line and electrical power outlet shall be within three (3) feet of the ATM
site. Unless otherwise agreed in writing COMPANY shall pay for monthly charges incurred in connection
with such telephone line. Unless otherwise agreed in writing COUNTY shall pay for monthly charges
incurred in connection with electrical power usage necessary to operate the ATM and related signabe_
The ATM(s) shall remain the property of COMPANY. COMPANY'S Vault Cash :Providcr shall at all
time be the sole owner of all cash in the ATM. No other person or entity shall have any right, title, cla.irn,
or interest in such cash. COMPANY'S Vault CashProvidcr ownership of, and right to access or remove
such cash, shall not be subject to any claim, set off, arbitration, or lien by COUNTY or others under any
circumstance.
COMPANY shall pay COUNTY for each surcharged transaction made on the ATM(s) as set forth in
Exhibit 1. For purposes of this Agreement, a transaction is defined as any cash withdrawal made fron, a
cardholder's account when a surcharge fee is collected. Payments for transactions will be disbursed
monthly by Company on or before the 15"' day of each calendar month following the calendar rnonth in
which the transactions occurred. Owner may increase or decrease the amount of the fee payable to
MAY-15-2004 06:14 From: To:979 361 4293 P.3/e
Location upon 30 days prior notice upon demonstration of a change in direct transaction costs payable to
third party processing providers or a change in transaction fee revenue due to a. change in network rule or
other law or regulation which affects fees payable to ATM owners.
COMPANY and COUNTY agree that an initial transaction surcharge fee of $2.00 per transaction will be
imposed on all foreign transactions on the ATM. An amount $.25 will be paid to the COUNTY for each
approved surcharged cash withdrawal inade in that month. Payment to COUNTY will he made within 15
days following the end of each completed month.
Except for the payments provided for herein (see Exhibit 1 and 2), for the period during which the ATM is
installed and operational, COMPANY shall have no liability to COUNTY of any nature; whatsoever,
including any special, incidental, exemplary or consequential liabilities. COUNTY acknowledges that
COMPANY, its affiliates, representatives, agents, assigns, distributors and independent contractors have
not made any representations or warranties in connection with the ATM or any projected revenues or
expenses in connection with the operation of the ATM. COMPANY agrees to pay COUNTY during the,
term of this Agreement as set forth in Exhibit 2.
With COUNTY's written permission COMPANY, at Company's expense, may place signage on the
interior and/ or exterior of each Building in which an ATM is operated which prominently advertises the
ATM. COUNTY will permit COMPANY to place any advertising or signagc it chooses on any ATM or
that might be displayed by any ATM or on any customer receipts printed by the ATM.
The term of this Agreement shall commence on the date first above written and shall continue three (3)
years. County may terminate this Agreement during the original term or any renewal term for cause.
Cause being ATM not operational for periods longer than one week, or County is not being paid monthly.
COMPANY may tenninate this Agreement in the event less than 100 transactions have occurred per month
in any two consecutive calendar months during any term of this Agreement or in the event COUNTY has
failed to fulfill any of its obligations under the terms hereof.
Upon expiration of this Agreement, COUNTY grants to COMYAN Y the first right of refusal to match any
bona fide third party ATM placement or location agreement for ATM's covered under this Agreement.
This Agreement and the exhibits attached hereto constitute the entire Agreement between COMPANY and
COUNTY with respect to the subject matter hereof and shall supersede all previous negotiations,
commitments and writings. This Agreement may not be released, discharged. abandoned, changed or
modified in any manner except by an instrument in writing signed by a duly authori7.ed officer or
representative of both COMPANY and COUNTY.
The failure of either Party to enforce at any time any provision of this Agreement or to exercise any right
herein provided shall not in any way he construed to be a waiver of such provision or right in connection
with any subsequent breach or default, and shall not in any way affect the validity ofthis Agreement or any
part hereof, or limit, prevent or impair the right of such Party subsequently to enforce such provision or
exercise such right.
Any notice required or permitted hereunder shall be in writing and given by personal service or by
depositing same in the United Slates mail., .first class postage prepaid, to the address of the Party receiving
notice as it appears on the signature page of this Agreement or as changed through written notice to the
other party.
As an agency of the State of Texas, BRAZOS COUNTY is tax exempt. Tax exemption certification will
be .furnished upon request.
IIS~ t9
MAY-15-2004 06:15 From: To:979 361 4293 P.4/e
The validity of the Agreement and all matters pertaining thereto shall be governed and detennined by the
Constitution and the laws of the State of Texas. Venue for any shit filed against BRAZOS COUNTY shall
be Brazos County.
The parties are aware that there are constitutional and statutory limitations on the authority of the
COUNTY to enter into certain terms and conditions of the Agreement, including, but not limited to,
authorizations of the placement ofliens oil COUNTY property; disclaimers anti limitations of warranties;
disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights,
remedies, requiremcnis and processes; limitations of periods to bring legal action; granting control of
litigation or settlement to another party; liability for acts or omissions of third parties; payment of
attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"), Any
Agreement terms and conditions related to the Limitations will not be binding on the COUNTY except to
the extent authorized by the laws and Constitution of the State of Texas.
Neither party m.ay assign this Agreement without prior written consent of the other party.
TL is expressly understood and acknowledged that it is not. the intention or purpose of this Agreement to
create, nor shall the same be construed as creating, any type of partnership, relationship or joint venture.
Each o r the parties hereto represents and warrants to the other that it has all requisite power and authority to
enter into this Agreement and to fail ly perform its obligations hereunder.
ATMV will provide general liability, lire, thief, and vandalism insurance 1'or the ATM for the duration of
this Agreement. ATMV will provide COUNTY with an insurance certificate within 5 days of the
commencement date of this Agreement indicating; COUNTY is an additional insured.
COUNTY
Name of Business: Brazos County
Address: 200 South Texas Avenue, Suite 329
City/State/Lip:B an j'exas 77803
Phone/Fax: (979) 361-4102 / (979) 361-4503
Contact/Title:
Owncr/Officer
Lessee
ATM Ventures/13razos Valley Bank --Signature/'l'it
Phil SUitt/PIcsidcnt
ATM Ventures
17020 Seven Pines Dr.
Spring, TX 77379
281-376-8502
/45' ~a
MAY-15-2004 06:15 From:
To:979 361 4293 P.5/e
Exhibit 1
Name of Business: (Location of ATM): County Administration Building
Address: 200 South l.'eaas Avenue
City/State/Lip: BI-Mi. TX 77803
Phone/Fax: (979) 361-4291 / (979) 361-4293
Contact/Title: Pat Howard
Owner/Officer--Signature/Title
ATMV/ --Si.gnawre/Title
1.7020 Seven Pines Dr.
Spring TX 77379-4529
Voice: 281-376-8502
Fax: 281-376-8930
Wcb: hlt;!/~lmyenturev.com
E-mail: Phi ILWatinventures.com.
MAY-15-2004 06:15 From:
To:979 361 4293 P.6/8
Exhibit 1
Namc of Business: (Location of ATM): Brar.os County Courtho use
Address: 300 E. 26th Strut
City/State/Lip: Bryan, TX 77803
Phone/Fav (979) 361-4291 / (9791361-4293
Contact/Title: Pat Howard
Owner/Otti cer-- S i gnature/'1'itle
C
ATMV/ --Signature/Tit]
17020 Scvcn Pines Dr.
Spring TX 77379-4529
Voice: 281-376-8502
Fax: 281-376-8930
Web: hllp://atmventures.cotn
E-mail: ph.illjt?atm.ventures.com
VOL i 1-5 PAGFE L 4
MAY-15-2004 06:15 From:
To:979 361 4293 P.7/e
FF~- Exhibit 1
Name of Business: (Location of ATM): Collector and Assessor of Taxe.s_Ullice
Address. 300 E Wni,J Bryan Pkwy
City/State/Zip: Bryan, TX 77803
Phonc/Fax: (979) 361-4291 / (979) 361-4293
Contacu7iLie: Pat Howard
Owner/Officer--Signature/Title
ATMV/ --SignatureflItle
1
17020 Seven Pines Dr.
Spring TX 77379-4529
Voice: 281-376-8502
Fax: 281-376-8930
Web: http://atmventures.com
E-mail: nhilQatmventures.com
MAY-15-2004 06:15 From:
To:979 361 4293 P.8/e
Exhibit 1
Narne of Business: (Location of ATM): Brazos County Exposition Complex
Address: 5827 Leonard Rd
City/State/Zip: Bryan, TX 77803
Phone/Fax: (979) 361-4291 / (979) 361-4293
Cont:a.ct/Thle: Pal Howard
Owner/Officer--Signature/Ti d e
ATMV/ --Signature/Title
17020 Seven Pincs Dr.
Spring TX 77379-4529
Voice: 281-376-8502
Fax: 281-376-8930
Web: http://atinventures.coni
E-mail: Qhil(ciatmvenlurrs.cvm
VU 1 f -S 'Pll ~ ~