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HomeMy WebLinkAbout2009-06-23-9:00AM-REGULAR 62 PTE pB T~ (~F N ( t { LD TY OF 8Q'P~ - 0 BRAZOS COUNTY, BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 23 JUNE 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Wassermann. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 25: 3. Budget Amendment 08/09 - 37.1 thru 37.2. 4. Personnel Change of Status. 5. Payment of Claims. 6. Acknowledgement of citizens application for the formation of a High Speed Rail Local Government Corporation. 7. Resolution 09-006 approving Articles of Incorporation and Bylaws for a Local Government Corporation to aid and assist the development of high speed passenger rail service within the South Central and Gulf Coast High-Speed Rail corridors, and appointing directors. 8. Articles of Incorporation for the South Central High-Speed Rail and Transportation Authority, Inc (previously tabled). Office of the County Judge • 200 South Texas Ave. . Suite 332 Bryan, Texas 77603 . Fax: (979) 361-4503 VOLIrAX PAGE-1 S Commissioners Court Agenda 23 June 2009 Page 2 9. By-laws of the South Central High Speed Rail and Transportation Authority, Inc. (previously tabled). 10. Order 09-007 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. 11. Appointment of Dr. Lavern Hawkins to the Brazos County Historical Commission, effective immediately 12. Appointment of Commissioner Irma Cauley to the Board of Directors of the Brazos County Housing Finance Corporation and the Brazos County Health Facilities Development Corporation. 13. Endorsement for the appointment of Dr. Jayson Barfknecht to the Texas Water Development Board for Region G. 14. Shared Parking Agreement between Texas A&M University System and Brazos County to share a parking during the construction of a parking lot which will be constructed by Texas A&M University on County property. 15. Proposed 2009-2010 Capital Improvement Program to identify and determine costs for the County's immediate, short-term and long term capital needs. 16. Out of state travel request from the 361x` District Court for Judge Steve Smith to attend the American Bar Association's Judicial Division Annual Meeting in Chicago, Illinois on 29 July - 2 August 2009. 17. Tax Refund Applications for the following: a. Pappas Partners LP d. Dana Hudspeth b. Mary Harkey e. Forest Oil Corp. c. Landamerica Partner Title Co. f. Christine E. Mason 18. Permission to advertise Bid #2009-44, Construction of Two Lane Bridges. 19. Permission to award Bid #2009-37, Office Supplies, to Perry Office Plus effective 6/30/2009 - 6/29/2010, based on lowest price. 20. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for either destruction or other disposal. 21. Final Plat of Hidden Oaks Estates section two, 23.403 acres out of a called 41.75 acre tract, volume 1616, page 234 (Brazos County Official Records) Richardson Perry League, A-44, (City of Bryan ETJ) Brazos County, Texas. Site 7~P VOL "'AGE Commissioners Court Agenda 23 June 2009 Page 3 22. Bryan Texas Utilities' cost estimate of $1,540.70 to relocate a guy wire (at the County's request) currently situationed in the new right of way of Clear Lake Road. Site is located in Precinct 1. 23. Acceptance of a Special Warranty Deed from Brenda Holland Sireci for improvements to Clear Lake Road located in Precinct 2. 24. Acceptance of the letter of resignation submitted to the County Judge by Ramiro Quintero, Precinct 4 Justice of the Peace, effective 5:00 p.m. Monday 22 June 2009. 25. Payment Authorizations from the District Attorney's Office as follows: a. to LaSalle Hotel in the amount of $952.20 for accommodations for victims in the trial, St. v. Juan Rodriguez; the trial lasted longer than anticipated, so an additional night for each victim was added. b. to Enterprise Rent-a-Car in the amount of $151.20 for a vehicle rented for a victim in the trial, St. v. Juan Rodriguez; the invoice amount exceeded the amount of the purchase order. c. to the Travis County Medical Examiner in the amount of $1,100.00 for an autopsy performed for the case, St. v. Christopher Phillips; a purchase order was not obtained in advance. d. to Texas Veterinary Medical Disgnostic Laboratory in the amount of $554.50 for tests performed for a cruelty to animals case; a purchase order was not obtained in advance. 26. Announcement of interest items and possible future agenda topics. 27. Call for citizen input and/or concerns. 28. Agency / Board / Committee reports by Court members. 29. Adjourn VOL 1"PAGE 77 Commissioners Court Agenda 23 June 2009 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal Gom the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions t us may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 3614102. VOL iAPPGE 't8 COMMISSIONERS' COURT REGULAR MEETING JUNE 23, 2009 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, June 23, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment 408/09-37.1 through 37.2 that would reallocate funds for Indigent Health Care and Constable, Precinct 4. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A Vol 13,3" Page 1 q Commissioners Court meeting June 23, 2009 2 copy 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 Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7063201 through 7063407 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the acknowledgment of a citizens' application for the formation of a High Speed Rail Local Government Corporation. Commissioner Mallard was asked if there was any cost to Brazos County whereupon he replied no. On motion by Commissioner Mallard, seconded by Commissioner Cauley the Court voted unanimously to acknowledge receipt of the application. A copy is attached. The Court next considered adopting Resolution 09-006 Articles of Incorporation for the South Central High Speed Rail and Transportation Authority, Inc. Commissioner Mallard gave an overview of the High Speed Rail saying that this was Vol I )-a- Page 90 Commissioners Court meeting June 23, 2009 3 to aid and assist the development of High Speed passenger rail service within the south central and gulf coast High Speed Rail corridors. Commissioner Peters voiced concern over eminent domain. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to adopt Resolution 09-006 and approved the Articles of Incorporation for the South Central High Speed Rail and Transportation Authority, Inc. and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of the By-Laws of the South Central High Speed Rail and Transportation Authority, Inc. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the By-Laws and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration by the Court was adopting Order 09-008 banning out door burning. This is necessitated due the draught conditions currently being experienced in Brazos County. Let it be noted that the order number is incorrect on the agenda and that the County Judge corrected the order number to 09-008. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt the order. A copy is attached. Vol la-a- Page $l Commissioners Court meeting June 23, 2009 4 The Court next considered appointing an individual to serve on the Board of Directors of the Brazos County Historical Commission. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint Dr. Lavern Hawkins to serve on the Board of Directors. The next matter before the Court was consideration of the appointment of a Commissioner to serve on the Board of Directors of the Brazos County Housing Finance Corporation and the Brazos County Health Facilities Development Corporation. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to appoint Commissioner Irma Cauley to serve on the Board of Directors of the two corporations. The Court next considered the endorsement of an individual to serve on the Texas Water Development Board for Region G. On motion by Commissioner Peters, seconded by commissioner Wassermann, the Court voted unanimously to endorse the appointment of Dr. Jason Barfknecht to the Texas Water Development Board for Region G. The next matter before the Court was consideration of a Parking Agreement for Shared Parking between Brazos County and the Board of Regents of the Texas A&M University System Vol l a~ Page ga Commissioners Court meeting June 23, 2009 5 (TAMU). TAMU contemplates construction and use of a parking easement on property I, which is the remainder of the 150 acre tract recorded in Volume 4583, Page 287 of the County Official Records. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Parking Agreement between the Texas A&M University and Brazos County and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of the proposed 2009-2010 Capital Improvement Program to identify and determine costs for the County's immediate, short-term and long term capital needs. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the 2009-2010 Capital Improvement Program. A copy is attached. The next matter for consideration by the Court was a request submitted by Judge Steve Smith, 361st District Court seeking approval for out of state travel for himself. Judge Smith would be traveling to Chicago, Illinois to attend the annual meeting of the American Bar Association. July 29 through August 2, 2009. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to Vol I X- - Page g3 Commissioners Court meeting June 23, 2009 6 grant the request from Judge Smith and approved payment of out of state travel expense for him. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Pappas Partners LP, over payment $15,398.16 b. Mary Harkey, over payment $79.22 c. LandAmerica Partner Title Co., over payment $200.09 d. Dana Hudspeth, over payment $10.53 e. Forest Oil Corp., over payment $11.58 f. Christine E. Mason, over payment $5.76 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered a request to advertise Bid 2009-44, Construction of Two Lane Bridges. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the advertising of Bid 2009-44. The Court next considered awarding Bid 2009-37, office Supplies. Leslie Williams, Senior Buyer recommended awarding the bid to Perry Office Plus. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the bid for office supplies to Perry Office Plus. A copy of the bid tabulation is attached. Vol [aa Page $4 Commissioners Court meeting June 23, 2009 7 The Court next considered the declaration of surplus property as salvage. This property was advertised for sale in accordance with Local Government Code §263.152 and received no bids. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to declare the property as salvage and authorized its destruction or other disposal. A list of the property is attached. The Court next considered approval of the Final Plat of Hidden Oaks Estates Section Two, 23.403 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the final plat of the Hidden Oaks Estates Section Two, 23.403 Acres as submitted. The Court next considered acceptance of Bryan Texas Utilities cost estimate of $1,540.70 for relocation of a guy wire currently situated in the new right-of-way of Clear Lake Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the City of Bryan's cost estimate of $1,540.70 for relocation of an electrical distribution pole on Clear Lake Road. Vol l~~ Page gS Commissioners Court meeting June 23, 2009 8 The Court next considered acceptance of a Special Warranty Deed for right-of-way on Clear Lake Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Brenda Holland Sireci for the expansion and improvements to Clear Lake Road. The next matter before the Court was consideration of a letter of resignation submitted by Ramiro Quintero, Precinct 4 Justice of the Peace. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the letter of resignation. It was effective as of Monday, June 22, 2009 at 5:00 p.m. The Court next considered the following payment authorizations from the District Attorney's Office: a. To the LaSalle Hotel in the amount of $952.20 for accommodations for victims in a trial. The trial lasted longer than anticipated. b. To Enterprise Rent-a-Car in the amount of $151.20 for a vehicle rented for a victim in a trial. Invoice amount exceed purchase order amount. C. To the Travis County Medical Examiner in the amount of $1,100 for expert court testimony. A purchase order was not obtained in advance. Vol lay Page 'Ve Commissioners Court meeting June 23, 2009 9 d. To the Texas Veterinary Medical Diagnostic Laboratory in the amount of $554.50 to perform tests. A purchase order was not obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorizations. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There were 529 inmates in jail, 90 are in other jails, 51 have monitors and 26 are pending for monitors. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner mallard a) The quarterly meeting on the High Speed Rail was in Little Rock, Arkansas last week. There being no further business to come before the Court, the meeting was adjourned. Vol 1 O ~ Page 97 The foregoing minutes of the Commissioners Court meeting held June 23, 2009 have been examined and are approved in open Court this the day of U 2009, in Bryan, BraZI unty exas. RaSi s Lloy& Wassermann County udge Commissioner, Precinct 1 Duane Peters Kenny Mall r Commissioner, Precinct 2 Commissionei-q Precinct 3 Irma Ca ey Commissione P ecinct 4 Attest: Karen McQueen County Clerk Vol ► a~ Page BRAZOS COUNTY? COMMISSIONERS COURT Meeting on 2008 @ Name Organization / Department a :t ~C SJ G , UL Llk V Q mac. ~ ~ s- Grp-ri. ~s-----s cojv z v r c- r• eN1 s PAGE of VOL ,PAGE SR BRAZOS COUNTnYn COMMISSIONERS COURT Meeting on d~3 , 2009 @ all" Name Organization / Department Il/o /GX v- r, Gr IJ g as C4 bf PAGE VOL (o2aPAGE 9a t:3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 37.1 thru 37.2 On this the 23rd day of June 2009 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 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23 June 2009 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 budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23`d day of June 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By.. Randy ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes VOLT 9,PAGr Q1 r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 37.1 6/23/2009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 34000100 72381000 CR Inpatient Services 345,205.00 0100 34000100 61470000 CR Prescriptions 54,795.00 0100 34000100 73500000 DR Health & Human Serv 1GT 400,000.00 Indigent Health Care To reallocate funds to allow for the proper classification of the intergovernmental transfer to Health and Human Services Commission of the State of Texas approved b Commissioner's Court on January 15, 2009 on addedum agenda item number 2. 6/1 IDepartmentApprova'-rrDa"te $ • - " RIT t ' 8/200M 9; ' ep µ fff, ;Countyk ud9e`_ Pero k DateT:d VOLiaa PkGE q 13RAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 37.2 6/23/2009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 30401100 59100000 CR DDEA 441.61 0100 30401100 65550000 CR Radio Maintenance 652.60 0100 30401100 80890000 DR Vehicle 1,094.21 Constable Pet. 94: Butler To reallocate funds to allow for the put hase of a radar for atrol unit. The fund! reviousl a roved was not sufficient to cover the cost of the radar unit. ;L)epaitmeht Approval?Date tr Preparedf3y if Date ' 6/1$12w6' Court ",lad e:A" royal ' ' u. ~etYe.9 , a w~a.~.a Date VOL Iaa PAGE q3 PERSONNEL CHANGE OF STATUS REQUESTS J Commissioner Court Date: June 23, 2009 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 Exposition Complex Nieswiadomy, David New Hire Justice of Peace Pct. 3 Walker, Kay C. Reinstated Employee Juvenile Services- Detention Brooks, Willis Add State Stipend Gonzales, Liza Transfer within Department Road and Bridge LaBove, Drake J. New Hire Sheriff Office- Jail Dutch, Todd New Hire Henderson, Brandon Transfer within Department Maxwell, Dustin Transfer within Department Mitchell, Cameron Transfer within Department Zavala, Daniel Reinstated Employee Tax Office Moore, Tommie New Hire Regan, Connie Other- Step Increase Approved in Commissioners' Court: June 23, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) sgo VOL PAGE q+ t APPLICATION FOR INCORPORATION OF JOINT LOCAL GOVERNMENT CORPORATION We, the undersigned; (a) apply for the incorporation of a joint local govemment corporation under Subchapter D, Texas Transportation Act, TEX. TRANSP. CODE ANN. § 431.101 et seq., to act on behalf of the Texas local governments specified below for the purposes specified in the attached forms of articles of incorporation and bylaws of such corporation, and (b) request that the governing bodies of such local governments adopt resolutions (i) finding that creation of the corporation is wise, expedient, necessary, and advisable, (ii) approving the form of such articles of incorporation and bylaws, and (iii) appointing the initial directors of such corporation specified in such articles of incorporation as the initial directors of such corporation. By my signature below, I attest that I am a resident of the local government specified opposite my name below, a resident of the State of Texas, and at least 18 years of age. Name Signature Local Government aQ r o /q h. tK 5 (/(K2 Tarrant County, Texas ~UCCCQ t Xi/`~' ~Q Tarrant County, Texas Tarrant County, Texas M>q `t ~ E Name Signature Local Government ( . , T~(I t pY City of College Station, -Texas I City of College Station, h v1 V J U` Texas i City HgJm " 1q-1 Te asf College Station, VOLT PAGE C5 Name Signature Local Government fYl t 5 b.iY10. to North East Texas Rural Rail and Transportation District, Texas "AWL BMW n 5H t North East Texas Rural Rail `tltl R LI K and Transportation District, Texas i rC3 North East Texas Rural Rail 1 and Transportation District, Texas i i Dame Signature Local Goverm aeut / f P u Y/ 01 (fZI L,v ef y Dallas County, Texas ~ A ff j~! tC`e4 A~ / alias County, Texas L}y- s} . v i 511~t Dallas County, Texas Name 5ignature, Local Government MAft Tin J E, Tq~c~a~e City of Temple, Texas f yc City of Temple, Texas City of Temple, "Texas VOL_w~iPAGE ~(0 Name Signature Local Government Harris County, Texas Mal Harris County, Texas ~Jc S Lh l~ Hams County, Texas Name Signature Local Government Braws Co", Texas Brazos County, Texas. T Brazos County, Texas. Name Signature Local Government fg~~e }e J~1'iy ►t vg* City of North Richland Hills, Texas' ` /i City of North Richland Hills, Texas City of North Richland Hills (V1 f Texas VOLW2, ME 91 Name Signature T~ Local Government Franklin County, Texas i 1 c j Franklin County, Texas Franklin County, Texas Name Signature Local Government City of Hillsboro, Texas Ike ~ -lz he.s 4L City of Hillsboro, Texas f e~ o~, ar n 1 City of Hillsboro, Texas ACKNO EDG ~~63lv9 P-711 Sims, County Judge date VOL l a~ PAGE RESOLUTION NO. 09-006 APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR A LOCAL GOVERNMENT CORPORATION TO AID AND ASSIST THE DEVELOPMENT OF HIGH SPEED PASSENGER RAIL SERVICE WITHIN THE SOUTH CENTRAL AND GULF COAST HIGH-SPEED RAIL CORRIDORS AND APPOINTING DIRECTORS WHEREAS, Brazos County, Texas (the "Sponsor") has received a written application (the "Application") for approval of the articles of incorporation and bylaws of a local government corporation (the "Corporation"), to be named the South Central High-Speed Rail and Transportation Authority, Inc., under authority of Chapter 431, Subchapter D, Texas Transportation Code, to act on behalf of the Sponsor and other Texas local governments described in the Application; the Application has been signed by at least three residents of each such local government (including the Sponsor) who are citizens of the State of Texas and at least 18 years of age; and each such director is a resident of one of such local governments, including the Sponsor; and WHEREAS, The Commissioners Court (the "Governing Body") of. the Sponsor has considered the Application and determined that the Sponsor and its residents will benefit from high-speed rail service proposed to be developed with the assistance of the Corporation along the South Central and Gulf Coast High-Speed Rail Corridors; Now, THEREFORE, THE GOVERNING BODY OF THE SPONSOR HEREBY FINDS AND DETERMINES THAT the formation of the Corporation is wise, expedient, necessary, and advisable; and NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE SPONSOR THAT: 1. Governing Documents. The Governing Body approves the articles of incorporation and bylaws of the Corporation as presented with the Application. 2. Initial Directors. The Governing Body appoints the persons specified as initial directors in such articles of incorporation as the initial directors of the Corporation for the respective terms specified in such articles of incorporation. 3. Modification of Documents and Appointments. If one or more local governments specified in such articles of incorporation fail to adopt a resolution, order, or ordinance approving the form of such articles of incorporation and appointing the initial directors specified in such articles of incorporation, but at least five such local governments (including the Sponsor) take such action, then the local governments that failed to take such action (and the names and number of the initial directors resident within their boundaries) may be deleted from the articles of incorporation and bylaws of the Corporation approved and the directors appointed hereby. If fewer than five such local governments (including the Sponsor) adopt such a resolution, order, or ordinance, the approvals and appointments made by this resolution shall be null and void. VOLOPAGE 4. No Liability. The approvals and appointments made hereby are solely for purposes of satisfying a condition to the filing of articles of incorporation of the Corporation with the Secretary of State of Texas and shall not be construed as a representation, warranty, or other undertaking of any kind by the Governing Body or the Sponsor in respect of the Corporation. No obligation of the Corporation shall constitute an obligation of the Sponsor or a pledge of the faith or credit of the Sponsor. 5. Severability. If any provision of this resolution or the application thereof to any person or circumstance shall be held to be invalid, the remaining provisions and applications of this resolution shall nevertheless be valid, and the Governing Body hereby declares that this resolution would have been enacted without such invalid provision. 6. Open Meeting. It is hereby officially found and determined that the meeting at which this resolution is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Texas Government Code. PASSED AND APPROVED at a regular meeting of the Brazos County Comnlissioners Court on this day of 7-(j hL1 12009. Randy Sims County Judge ATTEST: 7 Karen McQueen County Clerk VOLL2 RJGE 100 Resolution 09-006 l ARTICLES OF INCORPORATION OF SOUTH CENTRAL HIGH-SPEED RAIL AND TRANSPORTATION AUTHORITY, INC. We, the undersigned natural persons, all being residents of the State of Texas and above the age of 18 years, acting as incorporators of a corporation under Subchapter D, Texas Transportation Corporation Act, TEX TRANSP. CODE ANN. §431.101 et seq. (the "Ace') and with the approval of the governing bodies of the local governments specified herein (the "Sponsors"), adopt the following articles of incorporation for such corporation: ARTICLE ONE NAME The name of the corporation is the South Central High-Speed Rail and Transportation Authority, Inc. ARTICLE TWO CHARACTER The corporation is a public, nonprofit corporation. ARTICLE THREE DURATION The period of duration of the corporation is perpetual. ARTICLE FOUR PURPOSE The corporation is organized to aid and act on behalf of the Sponsors to accomplish their governmental transportation purposes by planning, acquiring, developing, managing, operating, and maintaining high-speed rail and transportation facilities accommodating the operation of high-speed passenger trains, including related stations and developments, including by developing and implementing plans to link, with an efficient transportation system comprised of high-speed rail and other transportation means, the Sponsors with each other and future sponsors and other municipalities and transportation systems and with other local governments, military installations, seaports, and airports generally along the routes of the federally-designated South Central High-Speed Rail Corridor and Gulf Coast High-Speed Rail Corridor (as expanded by the Passenger Rail Investment and Improvement Act of 2008) and other corridors that may be designated by the corporation in the future. ARTICLE FIVE MEMBERS The corporation shall have no members. 75742667.4 VOLIaj_PAGE 101 ARTICLE SIX INITIAL REGISTERED OFFICE AND AGENT The street address of the initial registered office of the corporation is 8080 Park Lane, Suite 600, Dallas, Texas, 75231. The name of the initial registered agent of the corporation at that address is David Dean. ARTICLE SEVEN DIRECTORS The number of directors on the initial board of directors of the corporation shall be fifteen. The names and addresses of the persons who are to serve as the initial directors, each of whom resides in the Sponsor specified opposite his or her name, are as follows: Expiration of Name Address Term Sponsor Maurine Dickey 2311 Joe Field Road 12/31/2014 Dallas County Dallas, Texas 75229 Ed Emmett 1001 Preston St, Suite 911 12/31/2014 Harris County Houston TX 77002 John Erwin, MD 214 E. Elm Street 12/31/2012 City of Hillsboro Hillsboro, TX 76645 Gary Fickes 645 Grapevine Highway, Suite 6 12/31/2014 Tarrant County Hurst, TX 76054 William A Jones III -2 North Main Street 12/31/2014 City of Temple Temple, TX 76501 Kenny Mallard 300 E. 26th Street 12/31/2014 Brazos County Bryan, TX 77803 Sam Smith 825 W. Irving Blvd. 12/31/2012 City of Irving Irving, TX 75060 William Tate 200 S. Main St 12/31/2012 City of Grapevine Grapevine, TX 76051 John Terrell 1400 Main Street, Suite 270 12/31/2012 City of Southlake Southlake, Texas 76092 Timothy Welch 7301 N.E. Loop 820 12/31/2012 City of North North Richland Hills, TX 76180 Richland Hills Ben White 1101 Texas Avenue 12/31/2014 City of College College Station, Texas 77840 Station Sam Young PO Box 68 12/31/2012 Franklin County Mount Vernon, TX 75457-0068 James Edmonds 111 East Loop North 12/31/2010 "At Large" 75742667.4 V GL.j.U PAGE 10a Houston, Texas USA 77029 Robert Eckels 2001 Kirby Dr, Suite 800 12/31/2010 "At Large" Houston TX 77019 Paul Lovier 200 North Kaufman Street 12/31/2010 "At Large" Mount Vernon, TX 75457 ARTICLE EIGHT INCORPORATORS The name and street address of each incorporator is: Name Address Robert Eckels 2001 Kirby Dr, Suite 800, Houston TX 77019 Maureen Dickey 2311 Joe Field Road, Dallas, Texas 75229 William A Jones 111 2 North Main Street, Temple, TX 76501 ARTICLE NINE INDEMNIFICATION AND RELEASE To the maximum extent authorized by applicable law, the corporation shall indemnify each director, officer, former director, and former officer of the corporation for expenses and costs, including attorney's fees, actually and necessarily incurred by the director or officer in connection with, and each such person is released by the corporation from, a claim asserted against the director or officer, by action in court or other forum, because of the person's being or having been a director or officer. ARTICLE TEN NOT FOR PROFIT No part of the corporation's net earnings shall inure to the benefit of, or be distributable to, any director, officer, or other private person, but the corporation may pay reasonable compensation for services rendered or property provided. No part of the corporation's net earnings remaining after payment of its liabilities and expenses in accomplishing its public purpose may benefit any person other than the Sponsors. No substantial part of the corporation's activities shall be carrying on propaganda or otherwise attempting to influence legislation. The corporation shall not participate in, or intervene (including by publishing or distributing of statements) in, any political campaign on behalf of or in opposition to any candidate for public office. 75742667.4 VOLIA PAGE 163 ARTICLE ELEVEN ADOPTION OF RESOLUTIONS Resolutions approving the form of these articles of incorporation have been adopted by the governing bodies of the Sponsors on the respective dates specified below: Sponsor Date of Adoption Brazos County, Texas City of College Station, Texas Dallas County, Texas Franklin County, Texas City of Grapevine, Texas Harris County, Texas City of Hillsboro, Texas City of Irving, Texas City of North Richland Hills, Texas City of Southlake, Texas Tarrant County, Texas City of Temple, Texas 75792667.9 A Ia PAGE I C4 IN WITNESS WHEREOF, we have hereunto set our hands as of this day of 2009. [Name] [Name] [Name] The State of Texas § County of § Before me, the undersigned authority, on this day personally appeared and whose names are subscribed to the foregoing instrument and, being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of office this the day of 2009 Name: Notary Public in and for the State of Texas APPROVED: 2 75742667.4 R dy Sims, County Judge date VOL I as AGE I 0 BYLAWS OF SOUTH CENTRAL HIGH-SPEED RAIL AND TRANSPORTATION AUTHORITY, INC. ARTICLE 1 GENERAL I.I. Name. The name of the corporation is South Central High-Speed Rail and Transportation Authority, Inc. 1.2. Sponsors. The local governments that have approved the creation of the corporation (the "Sponsors") pursuant to Subchapter D of the Texas Transportation Corporation Act, Texas Transportation Code §431.101 et seq. (the "Act'), are the following: (a) Brazos County, Texas; (b) City of College Station, Texas; (c) Dallas County, Texas; (d) Franklin County, Texas; (e) City of Grapevine, Texas; (f) Hams County, Texas; (g) City of Millsboro, Texas; (h) City of Irving, Texas; (i) City of North Richland Hills, Texas; 6) City of Southlake, Texas; (k) Tarrant County, Texas; and (1) City of Temple, Texas; 75745912.4 E~a~a PLuE_I o~ _ 1.3. Purpose. The corporation is organized pursuant to the Act to aid and act on behalf of the Sponsors to accomplish their governmental transportation purposes by planning, ,acquiring, developing, managing, operating, and maintaining high-speed rail and transportation facilities accommodating the operation of high-speed passenger trains, including related stations and developments, including by developing and implementing plans to link, with an efficient transportation system comprised of high-speed rail and other transportation means, the Sponsors and future sponsors and other municipalities and transportation systems with each other and with other local governments, military installations, seaports, and airports generally along the routes of the federally-designated South Central High-Speed Rail Corridor and Gulf Coast High-Speed Rail Corridor (as expanded by the Passenger Rail Investment and Improvement Act of 2008) and other corridors that may be designated by the corporation in the future. 1.4. Nonprofit Corporation. No part of the corporation's net earnings shall inure to the benefit of, or be distributable to, any director, officer, or other private person, but the corporation may pay reasonable compensation for services rendered or property provided. No part of the net earnings of the corporation remaining after payment of its bonds and expenses in accomplishing its public purpose may benefit any person other than the corporation's sponsor. No substantial part of the corporation's activities shall be carrying on propaganda or otherwise attempting to influence legislation. The corporation shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE 2 BOARD OF DIRECTORS 2.1. Authority Number, Term, Removal, and Vacancy. (a) Authori The corporation's affairs shall be governed by a board of directors. (b) Number. The board of directors shall comprise fifteen directors. (c) Terms. Members of the initial board of directors shall hold office for the initial terms specified in the articles of incorporation. After the initial term, all directors shall serve a term of six years. A term (other than the initial terms) shall end on the sixth anniversary of the beginning of the term, regardless of the date of the actual appointment to the board. (d) Removal. A director may be removed at any time, with or without cause, by written order or resolution of the governing body of the Sponsor which appointed the director or, in the case of the initial directors (except those described in the following sentence), the Sponsor within which the director resided as shown in the articles of incorporation on the date of filing of the articles of incorporation of the corporation. A director appointed by act of the governing bodies of a majority of the Sponsors and an initial director shown to be "At Large" in the articles of incorporation of the corporation may be removed at any time, with or without cause, by written order or resolution of a majority of the Sponsors of the corporation. 75745912.4 VOLE.;, PAGE 107 (e) Vacancies. Any seat on the board of directors shall be vacant when the incumbent of such seat has resigned, died, or been removed or the board of directors has determined that the incumbent has become so disabled that he or she will be incapable of participating in the governance of the corporation for a continuous period of six months or more. (f) Appointment. Each successor to a director whose term shall have expired or who shall have died, resigned, been removed, or become incapacitated, shall be appointed by the Sponsor which appointed the director or, in the case of the initial directors (except those described in the following sentence), the Sponsor within which the director resided as shown in the articles of incorporation on the date of filing of the articles of incorporation of the corporation. Each new director whose seat has been created by increase in the number of directors, and each director appointed to succeed (directly or indirectly) an initial director shown to be "At Large" in the articles of incorporation of the corporation, shall be appointed by written order or resolution of the governing bodies of a majority of the Sponsors of the corporation. (g) Succession. Any director whose term of office has expired may succeed himself or herself. 2.2. Meetings of Directors. (a) Place. Meetings of the board of directors may be held at such place or places in the State of Texas as the board of directors may from time to time determine. In the absence of any such determination, meetings of the board of directors shall be held at 8080 Park Lane, Suite 600, Dallas, Texas 75231. Subject to paragraph (e) of this section, meetings of the board of directors may be held by telephone conference. (b) Regular Meetings. Regular meetings of the board of directors shall be held annually or more frequently on such dates and at such times as the board of directors may determine. Regular meetings of the board of directors may be held without notice to directors. Subject to applicable law, any matter may be considered and acted upon at a regular meeting. (c) Special Meetings. Special meetings of the board of directors shall be held whenever called by or at the request of the president of the corporation or any two directors. Except in the event of an emergency, at least three days notice of the date, time, and place of each special meeting of the board of directors shall be given to each director. At least two hours notice of each emergency meeting of the board of directors shall be given to each director. Unless otherwise indicated in the notice thereof and subject to applicable law, any matter may be considered and acted upon at a special meeting. At any meeting at which every director shall be present, any matter may be considered and acted upon consistent with applicable law. (d) Notices. Whenever any notice is required to be given to a director, such . notice shall be deemed to be given when deposited in a post office box in a sealed postpaid wrapper addressed to the director at his or her post office address as it appears on the books of the corporation or when successfully transmitted by facsimile to the facsimile number of the director as it appears on the books of the corporation or by email to the most recent email address provided by the director. Notice may also be delivered in person or by delivery service or orally by telephone. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except attendance of a director at am~~eeting for the express purpose of objecting to the 75745912.4 VOL Qq ~ APAGE 10 transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted nor the purpose of any regular or special meeting of the board of directors need be specified in the notice to directors or waiver of notice of such meeting, unless required by the board of directors. A waiver of notice in writing, signed by the person or persons entitled to the notice, whether before or after the time that would have been stated therein, shall be deemed equivalent to the giving of notice. (e) Open Meetings Act. All meetings and deliberations of the board of directors shall be called, convened, held, and conducted, and notice thereof shall be given to the public, in accordance with chapter 551, Texas Government Code, as amended. 2.3. Quorum. (a) General. A majority of the number of appointed directors shall constitute a quorum to transact business at all meetings convened in accordance with these bylaws. The act of a majority of the directors present at a meeting at which a quorum is present shall constitute the act of the board of directors, except as provided in paragraph (b) of this section. (b) Weighted Voting. The following actions shall be authorized by, and only by, the act of directors appointed by the governing bodies of Sponsors with resident populations totaling at least a majority of the total resident populations of all Sponsors, as determined by the then most recent federal decennial census, and no such action may be authorized by a committee: (A) Budget: adoption or amendment of the budget of the corporation, and authorization of any unbudgeted expenditure or transfer of funds or property; (B) Debt: incurrence of indebtedness, leases, or other monetary obligations of the corporation; (C) Mergers, etc.: mergers, consolidations, or transfers substantially as an entirety of assets of the corporation; and (D) Dissolution: dissolution, liquidation, or receivership of the corporation. 2.4. Conduct of Business. (a) Procedures. At meetings of the board of directors, matters pertaining to the business of the corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the board of directors. (b) Presiding Officer. At all meetings of the board of directors, the president of the corporation shall preside. In the absence of the president, the vice president of the corporation shall preside. In the absence of both the president and vice president, a director selected by the board of directors shall preside. (c) Chair Votes. The presiding officer or director shall be entitled to vote on all matters before the board of directors. (d) Minutes. The secretary of the corporation shall act as secretary of all meetings of the board of directors. In the absence of the secretary, the presiding officer may 75745912.4 VOL WI AGE 169 appoint any person to act as secretary of the meeting. The secretary of the meeting or his or her designee shall keep minutes of the meetings of the board of directors. 2.5. Committees of the Board of Directors. (a) Executive Committees. By resolution adopted by a majority of the number of directors fixed by these bylaws, the board of directors may designate one or more committees consisting of two or more directors to exercise the authority of the board in the management of the corporation to the extent provided by the resolution, subject to Section 2.4(b). (b) Other Committees. The president or the board of directors may appoint other committees without power to exercise the authority of the board of directors. Such committees need not be limited to directors. (c) Committee Meetings. Each committee of the corporation shall keep minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the corporation. Any such meetings shall be called, convened, held, and conducted, and notice thereof shall be given to the public, in accordance with chapter 551, Texas Government Code, as amended. 2.6. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors, but shall be reimbursed for actual expenses incurred by them in the performance of their duties as directors. ARTICLE 3 OFFICERS 3.1. Offices Generally. (a) Offices. The officers of the Corporation shall be a president, a vice president, a secretary, a treasurer, an executive director, and such other officers as the board of directors may from time to time determine to be necessary. A person may simultaneously hold more than one office, except that the same person may not simultaneously hold the offices of president and secretary. (b) Term. Each officer shall serve for a term of two years ending simultaneously with the term of one or more directors. At the expiration of their terms, officers may be reappointed or re-elected to the same or different offices. (c) Qualifications. Officers must be a resident of the State of Texas. A director, a member of the governing body or officer or employee of a Sponsor who serves as a director of the corporation may serve as an officer of the corporation. (d) Election. All officers shall be elected by the board of directors. (e) Removal. Officers may be removed from office at any time by the board of directors if it believes that the best interests of the corporation will be served by the removal. 3.2. President. The president shall be the chief executive officer of the corporation and, subject to the authority of the board of directors, shall have general charge of the properties 75745912.4 5 _ ~~4_laa AU-E Rio and affairs of the corporation. The president shall see that all orders and resolutions of the board of directors are given effect. The president shall execute all legal documents and instruments in the name of the corporation when authorized to do so by the board of directors and shall perform such other duties as may be prescribed from time to time by the board of directors or these bylaws. 3.3. Vice President. The vice president shall have such powers and duties as may be prescribed from time to time by the board of directors and shall perform the duties of the president during the president's absence or disability. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or disability of the president at the time such action is taken. 3.4. Secretary. The secretary shall give and serve all notices required by these bylaws, may attest to the signature and office of other officers signing any legal document or instrument, shall have charge of the corporate books, records, legal documents, and instruments of the corporation, and shall discharge such other duties as shall be prescribed from time to time by the board of directors or these bylaws. The board of directors or the president may appoint an assistant secretary to perform the duties of the secretary during the absence or disability of the secretary. 3.5. Treasurer. The treasurer shall have charge of the financial records, accounts, and investments of the corporation, shall see that all the revenues of the corporation are deposited, invested, and disbursed as prescribed from time to time by the board of directors, and shall discharge such other duties as shall be prescribed from time to time by the board of directors. The board of directors or the president may appoint an assistant treasurer to perform the duties of the treasurer during the absence or disability of the treasurer. 3.6. Executive Director. The executive director of the corporation shall provide administrative support services to the corporation and shall perform such other duties as shall be prescribed from time to time by the board of directors. ARTICLE 4 MISCELLANEOUS 4.1. Principal Office. The principal office and registered office of the corporation shall be 8080 Park Lane, Suite 600, Dallas, Texas 75231 or another office designated by the board of directors. 4.2. Fiscal Year. The fiscal year of the corporation shall be each 12-month period ending December 31. 4.3. Resignations. Any director or officer may resign at any time by written notice to the president or the secretary of the corporation. The resignation shall take effect at the time specified therein or, if no time is specified, at the time of its receipt by the president or secretary. Acceptance of the resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. 4.4. Indemnification/Release. The corporation shall indemnify and release each director, officer, former director, and former officer of the corporation and each member of the governing body and each officer of each Sponsor to the fullest extent provided in the articles of incorporation of the corporation or otherwise authorized by law. 75745912.4 VUL I.4PAG~ I N 4.5. Dissolution. In the event of the dissolution of the corporation, its assets shall be applied and distributed as follows: (a) Discharge of Liabilities. All liabilities and obligations of the corporation shall be paid, satisfied and discharged, as set forth in the Texas Non-Profit Corporation Act, Chapter 22, Texas Business Organization Code. (b) Residual Interests. Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred or conveyed in accordance with those requirements. (c) Distribution to Sponsors. The remaining assets shall be distributed to the Sponsors or to the State of Texas as agreed by the Sponsors. If there is no agreement, the assets shall be distributed to the State of Texas, to the extent accepted by it, and, if there are remaining assets, as follows: For physical assets, including real estate and personal property, first to the Sponsor in which the asset is located and if the asset is located in more than one Sponsor, to the Sponsor with the largest total population with an elected governing body; and for assets not located in a Sponsor, to the nearest Sponsor with connecting physical assets or, if there are no connecting physical assets, to the nearest Sponsor. All remaining assets shall be distributed to the Sponsors in proportion to the value of the physical assets distributed to the Sponsor or, if there are no physical assets, in proportion to the populations of the Sponsors according to the most recent federal decennial census. 4.6. Amendments. These bylaws may be amended by the board of directors with the approval of each Sponsor. Adopted: 2009 jai u Rand ims, County Judge date 75745912.4 7 VOL_I a PAGE i i a P pis T 0 M ea` BRAZOS COUNTY BRYAN, TEXAS COMMISSIONERS COURT ORDER PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Disaster Act of 1975, a state disaster has been based on the imminent threat of disaster from wildfire; and WHEREAS, declaration of such disaster authorized the imposition of controls on activities which tend to increase the likelihood of such fires: BE IT THEREFORE ORDERED that the following emergency regulations are hereby established for all unincorporated areas of Brazos County , Texas for the duration of the above mentioned declaration; 1. Actions Prohibited: A person violates this order if he or she burns any combustible material outside of an enclosure serving to contain all flames and/or sparks, or orders such burning by others. 2. Enforcement: A. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. B. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the time of the person receiving the warning. 3. At the discretion of the peace officer or the fire chief, second or flagrant violations of this order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. BE TT ALSO ORDERED that this order may be enforced by any duly-commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace. APPROVED, this Q` day of 201). xl~ R ndy Sims ,County Judge Commi sioner Lloyd Wassermann Commissioner Duane Peters Precinct 1 Precinct 2 CommissionI~rmy Mallard / Commis r Irma ,Wt ley Precinct Precinc Order o9-009 wiQLI a PAGE_(l3_ PARKING AGREEMENT - SHARED PARKING THE STATE OF TEXAS COUNTY OF BRAZOS THIS PARKING AGREEMENT is made and entered into as of the day of J u, 2009, by and between Brazos County, ("the County"), and the Board of Regents of the Texas A&M University System ("TAMU"). WHEREAS, the County is the owner of unplatted property known as the "remainder of Brazos County, Texas Called 159.00 Acre Tract, Vol. 4583, page 287, located at within the City of Bryan, Brazos County, Texas (hereinafter referred to as 'Property I WHEREAS, the County is also the owner of adjacent property known as Lot 2, Block 1, Phase 2A, 3.65 Acres, Vol. 8205, Page 9, known as the Brazos County Expo location and located within the City of Bryan (herein after referred to as 'Property 11 WHEREAS TAMU is a tenant of Brazos County at the Brazos County Expo location; Whereas, TAMU contemplates construction and use of a parking easement on property 1, which parking will be shared between the County and TAMU; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Easement Purpose. The Easement granted by owner, the County, to tenant, TAMU, is for the purpose of parking. 2. Grant of Easement. The easement is granted by the County to TAMU. The easement is nonexclusive and irrevocable, but only for so long as the easement is used for the purpose of parking on Property L Shared Parking Agreement Page 1 of 3 110LIDR.RGE 11L- 3. Force and Effect. This Easement shall remain in full force and effect for so long as such easement on Property I is used for the purpose of parking. At such time that the use of property I is no longer used for purposes of the Easement by tenant TAMU, the easement shall become null and void by its own terms, and the County shall not be required to file any release, termination or other document to evidence the termination of this Shared Parking Easement. 4. Maintenance & Liability. No Portion of the drives or parking areas on the or the Property I shall be used for any purpose other than authorized by this instrument an no fence, barricade or improvement shall be constructed by either party that would prohibit the use of the parking lot or the Easement purpose. After completion of construction of the parking lot, tenant shall provide, as reasonably necessary, asphalt maintenance and repair work. This shall include any striping, seal coating and lot sweeping and landscaping. Tenant shall pay all utilities associated with the parking lot, including facility lighting as directed by standard safety practices. Tenant and the County agree to maintain liability insurance for the parking lot as is standard for their own business usage. The County and tenant adopt and incorporate the mutual Indemnification and Hold Harmless Provisions set forth in Section XVII of the January 1, 2008 Interlocal Agreement Between Brazos County and The Board of Regents of the Texas A&M University System. 5. Use. Tenant shall have exclusive use of the parking lot during the scheduled times provided to the County by tenant as more fully discussed and set forth in the January 1, 2008 Interlocal Agreement Between Brazos County And The Board of Regents of the Texas A&M University System as currently set forth or as may thereafter be amended. 6. No Third Party Beneficiary. It is mutually agreed that the intention of the parties is that this Agreement is for the private benefit of the parties and their respective successors and assigns and shall be strictly limited to and for the purposes herein expressed. Shared Parking Agreement Page 2 of 3 ~v~ ~aap~~~ pis 7. Covenants Running With The Land. The rights and obligations contained in this Agreement and the terms and condition hereof shall be deemed. to be covenants running with the land and binding upon the parties and their respective successors and assigns. Brazos Cou Texas A&M Board of Regents Randy Sims ounty Judge (name) STATE OF TEXAS COUNTY OF BRAZOS This instrument w~jsllfQfowledged before me by Brazos County Judge Randy Sims on behalf ~p``~ al(£.ty this _3 _ day of S( h_, 2009. I U q Pr Notary Public, State of Texas /%~~lll I I I 1111~~~~\\\\\ \ STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me by on behalf of TAMUS this day 12009. Notary Public, State of Texas Shared Parking Agreement Page 3 of 3 VGA lade 11 VOL T,2p GE 117 Brazos County, 2'e. gs Capita(Improvement Program ~o ~z of 0 g 8 0 d F ~oo0~ FiscafTear 2009-2010 Brazos County, Texas Vol.Iaa PAGE ,I l8' Capital Improvement Program Capital Improvement Program 1 Capital Improvement Committee 2 Capital Improvement Financing 3 Capital Project Calendar 4 Capital Project Evaluation Questions 5 Criteria for Capital Improvement Committee Review 6 VOL 2a(PAGE I!~ q~fo, o'la Brazos County, Texas CAPITAL IMPROVEMENT PROGRAM Overview Brazos County is committed to developing a formal Capital Improvement Program (CIP). This . program will identify the major capital needs for the county for the next five to ten years and will provide a plan for funding present and future projects for roads, infrastructure, major repairs and upgrades to county facilities and the replacement of capital equipment including technological enhancements. A Capital Improvement Committee will be formed and will be responsible for reviewing departmental requests and proposing a five to ten year Capital Improvement Program. The committee will include the following representatives: • County Auditor • Budget Officer • County Engineer • Director of Building Maintenance • Director of Information Technology • Purchasing Agent • Commissioners Court - 2 Members The Committee will consider the feasibility of all proposed capital projects submitted by County departments. They will evaluate their necessity, priority, location, and cost then will recommend methods of financing the various projects. Priority will be given to projects of a life- safety nature. Once the CIP is approved by Commissioners Court, the committee will meet regularly throughout the year to monitor the progress of the projects and recommend revisions as needed. Capital Improvement Projects will include the project description and scope, purpose and needs assessment along with operating budget impact, and revenue or cost savings efficiency factors. All projects will be required to have a method of financing to include all funding sources. Upon completion and adoption, the Capital Improvement Program will become the guide for the Commissioners Court, Budget Officer, County Auditor, and County departments with respect to bond sales and the annual budgeting process. The Commissioners Court takes the final action of adopting the capital budget. Only projects approved by Commissioners Court as part of the budget process will be considered an approved project. All subsequent year estimates are for planning purposes only and will be reevaluated at the conclusion of each year's budget process. The formal Capital Improvement Program is approved by the Commissioners Court. 1 VOL a PAGE 1910 Brazos County, Texas Capital Improvement Committee The Capital Improvement Committee (CIC) is responsible for reviewing the county's departmental capital improvement program requests and will consider the feasibility of proving recommendations to the Brazos County Commissioners Court. This committee includes the following representatives: County, Auditor, Budget Officer, County Engineer, Director of Building and Maintenance, Director of Information Technology, Purchasing Agent, and 2 members of the Commissioners Court. The committee is also given the authority to request the assistance of other county departments in the development of the CIP. The CIC will evaluate the necessity, priority, location, and cost and may recommend methods of financing for the various projects. Once the CIP is approved by Commissioners Court, the committee will meet regularly throughout the year to monitor the progress of the projects and recommend revisions as needed. The overall goal of the CIC is to develop Capital Improvement Program recommendations that: • Preserve the past by investing in the continued upgrade of county assets and infrastructure. • Protect the present with improvements and/or additions to facilities, roads and capital investments. • Plan for the future of the County. Proposed projects will be submitted to the Budget Office by the various county departments. A CIC meeting will be scheduled for the departments to present their program needs. The Capital Improvement Committee will prepare an in-depth analysis and review of the projects requested. It will also conduct and internal project ranking process and will use the criteria that will include, but not limited to, public health and safety, federal or state mandates, preservation of the County's existing capital investments, and demand for services and consistency. All projects will be categorized by priority using the criteria listed below: • Immediate - Projects are in progress or expected to be stated within one year. • Short-Term - Projects are expected to start within the next 2-3 years. • Long Term - Projects are expected to begin within the next 4-5 years. • Future Projects - Projects are anticipated, but not scheduled within a 5-year planning period. The Capital Improvement Committee will evaluate capital projects based on the urgency of the project, the readiness of the project, whether the project is suitable for separating into phases and whether the project is consistent with the overall CIP program. 2 VO ~ a~pArE l al VOW" Brazos County, Texas Capital Financing The County's legal limits on debt are stated in the Constitution of the State of Texas, Article 3, Section 52. It says that upon a vote of the voting qualified voters of the county, the County may issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of the County. The County must set up a sinking fund and levy and collect taxes to pay the interest and principal of the annual required debt service until the debt is retired. The assessed value of the real property in the County is $9.6 Billion and 48.0 cents per $100 of valuation of this amount is $46.3 Million. The total debt of the County is $142.3 Million to be paid over the years until 2028. Standard and Poor's gave the County a rating of AA during its last bond issuance. The County relies on the advice of a professional outside financial advisor and its own professional staff about when it is advisable to issue new debt. A guiding principle on the issuance of new debt is the desire of the County to continue to maintain a good bond rating. 3 a~- t0z IakPA'GEt fE oi~.Y V ` ,tle `^o~ Brazos County, Texas Capital Improvement Calendar January - Budget Office to request submission of CIP projects January & February - Departments prepare CIP requests March - Department Meetings with Capital Improvement Committee (CIC) April - CIC Finalizes Recommendation May - Capital Improvement Program Recommendation presented to Commissioners Court September - Capital Improvement Program Approved 4 a 12a PAGE l a3 Brazos County, Texas Capital Project Evaluation Questions Urgency of the Project • What are the most urgent projects and why? • Is the project needed to respond to state or federal mandates? • Will the project improve unsatisfactory environmental, health and safety conditions? • What will happen if the project is not funded? • Does the project accommodate increase in demand for services? Readiness of the Project • Has the research and planning of the project been completed? • Are plans, permits and other similar requirements ready? • Have affected citizens received notice and briefings? • Are the departments ready to move forward with the project? • Is the project compatible with the implementation of the other proposed projects? Phase-In of Project • Can this project be separated into different phases? • Is the timing of the project affected because funds are not available? • Does the project have a net impact on the operating budget? If so, which years? • Does the project preserve previous capital investments or restore a capital facility to adequate operating condition? Planning for the Project • Is the project consistent with the CIP? • Can projects of similar use or purpose be located at one location? • Does the project increase the efficiency of the service delivery? • What are the number and types of persons likely to benefit from the project? • Will any group be adversely affected by the project? • What geographical areas will the project serve? • Are there any operation service changes that could affect the development of the projected cost estimates? While project ratings are important in determining recommended priorities, the County's financial situation is critical to all decisions. 5 VOL 1),4 PAGE_l_a `l L \Cf BRAZOS COUNTY, TEXAS Criteria for Capital Improvement Committee Review Criteria for Submission to Capital Improvement Committee for Review: All capital requests greater than $5,000.00 which includes the "8" series of accounts, also know as Fixed Assets as defined by the County Auditor's Office. Minor Acquisitions which consist of the "67" series of accounts or considered "Controlled Assets". Inclusion in the individual department budget is at the discretion of Commissioners' Court. Any project that requires the coordination with another department for example working with Building Maintenance or the Information Technology Departments. Expenditures the Commissioner's Court desires to ensure the funds are spent for a specific project, goods or service. The determination of whether to include in the General Capital Improvement Fund is made at the time of the request, during the budget process or during the year if the funds are appropriated from General Fund Contingency. These expenditures maybe categorized as "Court Controlled Expenditures". o Contractual Services which involve a major repair or maintenance of an existing facility or structure which the work is done by an external party. o Roof repairs, o Chiller replacement, o Boiler replacement, o Carpet replacement APPROVE Ran Sims, County Judge date 6 VOLWPAGUE as 0 ~~emss:eg~°. _w~o 3.aa:srr:z °z ha g ~agE~sm tm R2 asa `_a $pv~'mLg, 952.v GG~d °-4~4 " 3~PZ e,'' -'~v<Ei3£3~oi c PLSa9S`Y ~4-==.ES`na- eaftii =`i4gi ~esg~n ~S- u~~'o!o _ eFF8339=ss°.'=~~c6:a~='a ~r°ao:~FEg°'_ :"z3 `s33see8-3~`sg~: 9esa~ o~`i~5~^~°~'~ygg~2}soaKz'a~$~a}°~iE3 ~~s~a~wRo$ _S'se'S~9 ~o~o ese "s€a o oF.'.' ;:b-aso g g Iz lf S If zf ooseeee ;o -a"a --mgrs: __m@mpzree~ :ow"e sss Lmom- --'w~@ms = zsss z = xxx sz xma ~ e _ 5 - eE _ eF a a~=3Y: E - 9 " m sxa:s^ xsxxs^"szzgssP^"-,r" = xL^ ^xx zsva" 444 'E L. ~$4e m6i$ ~O w ~ n xS ^S- xSS=" - " - Y - ^ mb $44$ w4` Cy$ 44$ 4$ 3 C4$ J$ O•' DS 5 S g ':a' e' E3°9 3 e O 0 xsaz s --y^x- C$ 8$$$$sgg - °tlw es$E$9= SS$ 86e eg Raw ^SLSxx^ -SSSex ewa si: a$$o e$esge $$C _ev r~ t e ~ : ~g2 O a o~60 a~o oo5ospo o~o ; e6oa w5 ooao__mmm____vssommmmo 1-1 11 1 eSv^ie H£SS e£L~S = Is r SSe~ eLSxxSeSex mD N C £~i 'CR° kE L 3i° s $zzs$ Laaz" ^s°s46tos'66S$x°EN$x °~m£;m~m o€> mmem ~S Xg U TS - eML^SxSeS? S=9S xmD $L a44 C$$x 6 40~ Eg=i e° d3 w 68 - - SN^ x e€6r Ex€o K =It EsrT sxo ,R$ S2`$mwmsLa$mw Ls$ 8Y`_ _ a m 4 p.m x VOL kPAGEI?4 a og - ' 3 Bs ~ ~ 8 6~ m~ oa m - 2 S°~, a zm 8='v n 80 ~ £ ~d 8~"~gz D ~ ~ ~ ~ _ X F 9Z 3 ~ `w g "m v s O ~ n O 3 x C f N ~ P 3 F ~ d a S VOL 1 as PAGE 117 ;WICOAuctions - Your Not Sold Items https://www.swicoauctions.com/user/viewNotSoldItem Php? ) I ~ Home Page I Onsite Auctions i Online Auctions i user Profile Logout i About SWICO I Your Not Sold Items Before: 06/09/2009 After 05/0912009_. g ~fpd~re }UUU{l raj Lot # Item Name Ending Date J6;' Wood Desk Wtih Top Shelf 6/8/2009 6/8/2009 N15 Swin[ech 7000 Typewriter J17 Hp Deskjet Printers 61812009 stbidemt 14 d More /40 Two Black Chairs 6/8/2009 43 4 Mauve Chairs 618/2009 16 Xerox Toner Cartirdges 615/2009 Dew co,,A~,~ 6)q s~. THE ITEMS LISTED ABOVE ARE APPROVED FOR SAL AGE SIGN TION: Randy S' County Judge date Developed and Hosted By DrearringWell.com Terms and Cond itio s Seller's Terms and Conditions Contact 9+OU 2,d~ PAGE l is