HomeMy WebLinkAbout2009-12-29-9:00AM-REGULARBRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
1009 DEC 18 'P 5 18
Y
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 29 DECEMBER 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 Mallard.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 22:
3. Budget Amendment 09/10 - 11.1 thru -11.3.
4. Request from the District Attorney's Office for the following position reclassifications:
a. Legal Administrative Secretary -- class 0425, position 5
from group 15, step 4 to group 15, step 2 (decreases budget by $1,566.00);
b. Legal Administrative Secretary -- class 0425, position 1
from group 15, step 2 to group 15, step 3 (increase of $1,337.00).
1
5. Personnel Change of Status.
6. Payment of Claims.
7. Request for the County to pay membership dues to the Justices of the Peace and
Constables Association of Texas for the Pct. 3 Constable and three (3) addition
employees of that office totaling $165.00 (previously tablet!).
Office of the County Judge • 200 South Texas ve. • Suite 332 Bryan Texas 77803 Fax (979) 361-4503
voi. f O Pg. 5
Commissioners Court Agenda
29 December 2009
Page 2
8. Consideration of an extension of time in the donation agreement from Brazos County to
Brazos Transit District, and modification of the general warranty deed from Brazos
County to Brazos Transit District.
9. Amendment to the Development Agreement with the City of Bryan providing for the
reimbursement by the County to the City for the costs incurred in providing
infrastructure to the Brazos County Exposition Center, and establishing a payment
schedule.
10. Consulting Agreement with Ben Sanford & Associates, Inc. for replacing the current
telephone system at the Detention Center /Sheriffs Office with VOIP hardware and
software.
11. Request from the Treasurer's Office for charge off uncollectable funds.
12. Order 09 -018 requesting indemnification of an elected County officer.
13. Request from the District Clerk to set the Court Records Preservation Fee amount, per
Government Code § 51.708, at the maximum of $10.00, effective 1/01/2010 on all new
Civil Suits.
14. Revised schedule of prices for County trash stickers to include prices for bulk
purchases of 1000 or more stickers.
15. Out of state travel request from Emergency Management for the Emergency
Management Coordinator and the Deputy Emergency Management Coordinator to
attend the National Hurricane Conference in Orlando, Florida; dates of travel are
3/28/2010 through 4/02/2010.
16. Tax Refund Applications for the following:
a. Ronnie G. & Susan Carson, Jr. (2)
b. Kerri Jean & Ramon Olguin
c. Five Nine Seven, Limited Partnership (3)
d. Kevin @ Sheryl Greiner
17. Treasurer's Report for the month of October 2009.
18. Request for additional asbestos removal at the Brazos County Courthouse by Building
Abatement Demolition Company, Inc. increasing the bid by $4,500.00
19. Replat of Lot 1 and 2, Block 1 of The Fields of Runnymede Addition, 2/25 acres,
Augustas Williams League, A -55 (City of Bryan ETJ), Brazos County, Texas. Site is
located in Precinct 3.
20. Request for permission to enter Gary Gilpin's property located off Grassbur Road for
the purpose of taking down a dead tree for the health, safety and welfare of the general
public. Site is located in Precinct 2.
Vol. 150 p g . G?
Commissioners Court Agenda
29 December 2009
Page 3
21. Permission to amend item #20 from the 8/11/09 Commissioners Court agenda,
Wellborn Special Utility District water line improvements project request, to include
"Paradise Way" in the list of affected County roads. Site located in Precinct 1.
22. Request from the Precinct 4 Justice of the Peace office for payment of the following
payment authorizations from County Contingency for items ordered and received in
Fiscal Year 2009:
a. to Wilton's Office Works in the amount of 406.71;
b. to Perry Office Plus, Inc. in the amount of 762.16.
23. Announcement of interest items and possible future agenda topics.
24. Call for citizen input and/or concerns.
25. Agency / Board / Committee reports by Court members.
26. Adjourn
Vol. 1 3 O Pg 7
Commissioners Court Agenda
29 December 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 foram 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 speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as 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 p a y6 Ce the meeting. To m a�e� rrangements, please call (979) 361 - 4102.
Vol. l V p 2C
COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 29, 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, December 29, 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 sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Mallard gave the invocation and then led the
pledge of allegiance.
Under citizen input /and or concerns, the following spoke:
Brian Alg
a) Voiced concern about the decision to expand the
Exposition Complex. He is concerned that the economic
study is flawed and the numbers included in the study are
incorrect. He asked the Court to reconsider the Project.
He said he had gotten little help in getting information
he needs. He offered his help in arriving at better
figures.
Vol 130 Page q
Commissioners Court meeting December 29, 2009 2
The Court next considered Budget Amendment #09110 -11.1
through 11.3 that would reallocate funds for the Non
Departmental Department, Magistrate #2, Justice of the Peace,
Precinct 4. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the budget amendment as submitted. A copy each amendment is
attached.
The next matter before the Court was a request from the
District Attorney's office for the following position
reclassifications:
a. Legal Administrative Secretary —Class 0425, Position
5 from Group 15, Step 4 to Group 15, step 2
(decreases budget by $1,566.00.) This amount was
corrected by the Auditor and should be $1,879.00
b. Legal Administrative Secretary -Class 0425, Position
1 from Group 15, Step 2 to Group 15, Step 3
(increase of $1,377.00.) This amount was corrected
by the Auditor and should be $1,879.00
C.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the request
from the District Attorney's office.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
Vol I �O Page d 0
Commissioners Court meeting December 29, 2009 3
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7069367 through 7069678
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of a
request from the office of Wayne Thompson, Constable, Precinct
3, asking the County to pay membership dues to the Justice of
the Peace and Constables Association of Texas for the Precinct
3 Constable and three additional employees of that office. The
total requested is $165.00 On motion by Commissioner Mallard,
seconded by Commissioner Peters, the Court voted unanimously
to approve the request.
The Court next considered a time extension in the
Donation Agreement between Brazos County and Brazos Transit
District and modification of the general warranty deed from
Brazos County to Brazos Transit District. The deleted item in
the donation agreement dated July 15, 2008 states the
following:
The District agrees to commence construction,
as hereinafter defined of the aforesaid
facility within twelve (12) months of the date
hereof.
Vol 30 Page (
Commissioners Court meeting December 29, 2009 4
The added item is as follows:
The District agrees to commence construction,
as hereinafter defined of the aforesaid
facility no later than February 28, 2010.
This first amendment allows the City of Bryan to re -plat the
1.7209 acres donated by Brazos County to be utilized by The
District for the construction of a federally funded parking
garage and transit terminal. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the amendment to the Donation Agreement
and authorized the County Judge to execute the document. A
copy of the First Amendment is attached.
The next matter before the Court was an Amendment to the
Development Agreement with the City of Bryan providing for the
reimbursement by the County to the City for the costs incurred
in providing infrastructure to the Brazos County Exposition
Complex and establishing a payment schedule. On motion by the
County Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the amendment to the Development
Agreement and established a payment schedule. A copy is
attached.
The Court next considered a change to the Contract with
Ben Sanford & Associates, Inc. Brazos County has decided to
replace the current telephone system with VOIP hardware and
Vol 13 D Page [ a
Commissioners Court meeting December 29, 2009 5
software at the Detention Center /Sheriff's Office. This
modification has now become an expanded project requiring a
Change Order to the original contract and an increase of
$7,250.00 to the contract amount. On motion by Commissioner
Mallard, seconded by Commissioner Cauley, the Court voted
unanimously to approve the Change Order and the increase to
the contract amount.
The Court next considered a request from the Treasurer's
Office for Charge Off of uncollectable funds in the amount of
$859.77. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the Charge Off of uncollectable funds.
The next matter for consideration was consideration of
Order 09 -018 requesting indemnification of an elected County
Officer pursuant to Local Government Code 157.903. This code
provides for the indemnification of an elected or appointed
County Officer against personal liability for the loss of
county funds, or loss of or damage to personal property,
incurred by the officer in the performance of official duties
if the loss was not the result of the officer's negligence or
criminal action. On motion by Commissioner Cauley, seconded
by Commissioner Mallard, the Court voted unanimously to adopt
Order 09 -018 with indemnification against a loss of $859.77.
Vol 1 3 a Page 13.
Commissioners Court meeting December 29, 2009 6
The Court next heard a request from the District Clerk to
set the Court Records Preservation fee amount at the maximum
of $10.00 on all Civil Cases filed, effective January 1, 2010
as allowed by Government Code §51.708. On motion by
Commissioner Cauley, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the request to raise the
Court Records Preservation fee to $10.00 per case.
The next matter for consideration was a request from the
County Auditor's Office to revise the fee schedule for the
trash stickers to include prices for bulk purchases of 1000 or
more stickers. On motion by Commissioner Wassermann, seconded
by Commissioner Cauley, the Court voted unanimously to revise
the fees. After considerable discussion, Commissioner Cauley
moved to revise the motion to state the proposed fee schedule
is as follows:
a) Purchase of 999 or fewer stickers in one purchase are
at face value of $.60 each
1000 stickers or more are to be at a 25t discount
1000 stickers at one purchase = $450.00
1250 stickers at one purchase = $562.50
1500 stickers at one purchase = $675.00
Commissioner Wassermann seconded the motion and it carried
unanimously and that it become effective January 1, 2010.
The next matter for consideration by the Court was a
request submitted by the Emergency Management Coordinator
Vol L � o Page 1
Commissioners Court meeting December 29, 2009 7
seeking approval for out of state travel for himself and the
Deputy Emergency Management Coordinator to travel to Orlando,
Florida to attend the National Hurricane Conference March 28
through April 2, 2010. On motion by Commissioner Wassermann,
seconded by Commissioner Peters, the Court voted unanimously
to grant the request from the Emergency Management Coordinator
and approved payment of out of state travel expense for Mr.
Chuck Frazier and Ms. Michele Meade.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Ronnie G. & Susan Carson, Jr. (2), over payment $85.96
& $76.57
b. Kerri Jean & Ramon Olguin, over payment $318.57
c. Five Nine Seven, Limited Partnership (3), over payment
$9.67, $60.74, $12.31
d. Kevin & Sheryl Greiner, over payment $12.13
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
receive, approve and order filed as submitted the Treasurer's
report for October 2009
part of these minutes.
Vol 1 3 0 Page
A copy is attached to and made a
15
Commissioners Court meeting December 29, 2009 8
The next matter for consideration was a request submitted
by the Purchasing Agent for additional Asbestos removal from
the plaster ceiling at the entry of the Brazos County
Courthouse ($1,800) and in the flooring of the Old Juvenile
area ($2,700) by Building Abatement Demolition Company, Inc.
Total cost for the removal of the additional asbestos is
$4,500.00. on motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the additional asbestos removal.
The Court next considered approval of the Re -Plat of Lots
1 and 2, Block 1 of The Fields of Runnymede Addition in
Precinct 3. Richard Vance, County Engineer, stated that he
had reviewed the plat and all appeared to be in order. On
motion by Commissioner Mallard, seconded by Commissioner
Peters, the Court voted unanimously to approve the re -plat of
Lots 1 and 2, Block 1 of The Fields of Runnymede Addition.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Gary Gilpin on
Grassbur Road in Precinct 2 to take down a dead tree. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the work.
Vol 00 0 Page I (s?
Commissioners Court meeting December 29, 2009
The next matter for consideration was a request to amend
item 420 on the agenda of the Commissioners Court meeting held
August 11, 2009 Wellborn Special Utility District water line
improvements project to include Paradise Way in the list of
affected county roads. This was inadvertently omitted on the
original application but was included on the construction
plans. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request to amend the agenda to include Paradise Way in the
list of affected county roads.
The Court next considered a request from Justice of the
Peace, Precinct 4 for payment of the following payment
authorizations from Contingency for items ordered and received
in Fiscal Year 2009:
a. Wilton's Office Works $406.71
b. Perry Office Plus, Inc. $762.16
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve payment of the
two invoices.
There were no announcement of interest items and possible
future agenda topics.
Under citizen input and /or concerns, the following
spoke:
Vol 1 � 0 Page L 7
Commissioners Court meeting December 29, 2009 10
Sheriff's department Chief Deputy Mike Wilson
a) There were 518 inmates in jail, 37 are out
of County, 57 have monitors and 44 are
pending for monitors.
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 l 3 () Page L 9
The foregoing minutes of the Commissioners Court meeting held
December 29, 2009 have been examined and are approved in open
Court this the 0 2( day of 2010, in Bryan,
Braz
Lloyd WbLssermann
Commissioner, Precinct 1
Duane Peters Kenny Ma 1 rd
Commissioner, Precinct 2 Commission r, Precinct 3
Irma "Cauley��
Commissioner, Pr cin t 4
Att e st: ,� ^ ,,
ar McQueen
County ` C�„e;bq _
a
Vol 1 � 0 Page l q
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on /I 1/,(l�irn q _ ,2009g !7. / 1�
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Vol. 13 0 Pg. R
BRAZOS COUNTY COMMISSIONERS COURT
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PAGE c2L of":�
Vol. l 3 0 Pg. c9- I
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 —11.1 thru 11.3
On this the 29'" day of December 2009 at a regular meeting of the Commissioners' Court, the following
members were present:
A. 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 29 December 2009 the Court heard and approved a budget amendment for the
2009 -2010 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 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 29 day of December 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
M
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol.
Pg a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 -11.1
12/29/2009
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11000500 72590000 CR Professional Fees 800.00
0100 11000500 65320000 DR Equipment Maint 800.00
Non Departmental
To reallocate funds to allow for the payment for the additional cost of mail sorter maintenance.
Vol. _.__ 15 0 --- pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 -11.2
12/2912009
FUND DIV ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease
0100 22800100 51610000 CR Hourl Staff 1,000.00
0100 22800100 53100000 DR Visiting Bailiff 1,000.00
Magistrate #2
To reallocate funds to allow for the payment of a Visiting Bailiff for Magistrate #2 division.
t'Prer pared By fjq
Dae �- s �12179/200�
VOI. I ____ 3 P$.�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 11.3 .
12/29/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24401100 60600000 CR Office Supplies 5.00
0100 24401100 65450000 DR Office Equipment Maintenance 5.00
Justice of the Peace Pct k4: Batchelor
To reallocate funds to allow for the payment for a service call on a fax machine. The proper account was short $5 to allow for the proce ssin
of a purchase order.
Vol. 130 Pg 9-5
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 29, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting
Silber, Greg
Davenport, Tiffany
Action Requested
Cell Phone
Allowance
District Clerk
Langley, Michelle
New Hire
Expo Complex
SO — Jail
Approved in Commissioners' Court
Adams, Lori
Bowser, Melvin
Boxley, Ahnjayla
Knighton, Tracy
Perez, Elizabeth
Quast, Michael
County Judge's or Commissioner's
(This Copy to be attached to minute
V0 1.
Employee Request
Applies To
New Hire
Promotion
Promotion
Promotion
Termination
Transfer Win Dept.
L ---
DONATION AGREEMENT
FIRST AMENDMENT
This first amendment ( "Amendment ") is made and entered into this 29th. day of
December, 2009, by and between Brazos County ('Brazos County ") a County of the
State of Texas, with its principle office at 200 South Texas Ave., Suite 332, Bryan,
Brazos County, Texas 77803 and Brazos Transit District ( "The District "), a Political
Subdivision of the State of Texas, with offices at 1759 N. Earl Rudder Freeway, Bryan,
Texas 77803.
AMENDMENT
The Donation Agreement made and entered into on the 15th. day of July, 2008,
between the two Parties, Brazos County and The District, and attached hereto, is hereby
amended to read as follows:
DELETED
VI.
DEVELOPMENT
The District agrees to commence construction, as hereinafter defined of the
aforesaid facility within twelve (12) months of the date hereof.
ADDED
VI.
DEVELOPMENT
The District agrees to comme truction, as hereinafter defined of the
aforesaid facility no later th February 28 2010.
IN WITNESS WHEREOF, the parties have executed this instrument to become effective
on December 29, 2009.
KIM
By:
Ran(
Cow
BRAZ TRANSIT DISTRICT
By .
John Mc8eth
President/CEO Brazos Transit District
Vol. 13 0 Pg 9--7
DONATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this
day of T -' 2008 (the "Effective Date "), by and between
BRAZOS COUN'CY ("Brazo s County") a County of the State of Texas, with
offices at 300 E. 26th Street, Bryan, Texas 77803, and Brazos Transit District
( "The District "), a Political Subdivision of the State of Texas, with offices at
1759 N. Earl Rudder Freeway, Bryan, Texas 77803.
WITNESSETH:
THAT, for and in consideration of the mutual benefits to be gained by
the performance hereof, the parties agree as follows:
I.
DESCRIPTION OF PROPERTY
Brazos County agrees to donate to The District upon the terms and
conditions hereinafter specified and for and in consideration of the covenants
and agreements of The District as hereinafter set forth the following: The
certain tract or parcel of land containing approximately 1.7209 acres, in
Brazos County, Texas, as more particularly described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof for all purposes
( "Property "). The Property will be utilized by The District for the
construction of a federally funded parking garage and transit terminal. The
Property donated has an appraised value of approximately Five hundred
sixty thousand dollars and no /100 ($560,000.00) (the "Donated Value ").
II.
PERMITTED EXCEPTIONS
The District agrees to accept title to the Property subject to the
following encumbrances (hereunder referred to as "Permitted Exceptions "):
(1) All of the reservations, exceptions and covenants set out in the
General Warranty deed (hereinafter referred to as the "Deed ")
attached as Exhibit `B ".
(2) The covenants, easements, pathways, building setback lines and
forest or vegetation preserves, if any.
Donation Agreement
Page 1 of]]
Vol. 3 Pg.—
III.
TITLE AND SURVEY REVIEW
Within seven (7) days from the Effective Date, Brazos County
shall obtain, . and cause to be delivered to The District, a written
commitment ( "Commitment ") from Brazos County Abstract in Brazos
County, Texas ( "Title Company ") to issue to The District an Owner
Policy of Title Insurance ( " Owner's Title Policy ") on the current Texas
standard printed form, in an amount equal to the Donated Value,
insuring to The District good and indefeasible fee simple title to the
Property, subject to the following exceptions ( " Listed Exceptions ") and
other matters provided in this Agreement:
(i) All of the reservations, exceptions, and covenants set out in
the Deed. Brazos County shall impose the County's
covenants, as defined in the Deed, on or before the date of
Closing.
(ii) The covenants, easements, pathways, building setbacks,
and forest or vegetation preserves, if any.
(iii) The standard exceptions on the current Texas standard
printed form of Owner Policy of Title Insurance.
Additionally Brazos County shall cause legible copies of all title
exception documents to be delivered to The District with the Commitment.
IV.
UTILITIES AND ACCESS
Brazos County has caused to be provided access to the Property by a
hard surface roadway. Brazos County has also caused sanitary sewers, water
mains, and storm drainage facilities to be extended to a point within an
easement or right - way adjoining the Property.
It shall be the responsibility of The District to make requests to the
appropriate utility companies for, and to bear all expenses in connection
with, the extension of service for electricity and underground service for
telephone, community cable television, and gas to the Property. Brazos
County shall have no obligation for the construction of any utilities or
drainage facilities within the Property, nor shall Brazos County be
responsible for the making of or charges for any connections or taps.
Vol. 130 pg. 02�
If required by a utility company, The District will grant such
construction easements as are reasonably necessary. The clearing of any
easement shall be in conformity with the applicable rules established by
Brazos County and the City of Bryan.
V.
CLOSING
Upon compliance with all the terms and conditions hereof, the parties
shall proceed to close this donation on a mutually acceptable date
(hereinafter referred to as "Closing "), but not later than December 31, 2008.
The Closing shall occur at. the offices of Brazos County Abstract ( "Title
Company "). At the Closing, the following shall occur:
(1) Brazos County shall execute, acknowledge and deliver to The
District the Deed, subject only to the Permitted Exceptions and
other matters described in this Contract, and The District shall
execute the Deed to evidence its acceptance of the Deed;
(2) Brazos County shall deliver possession of the Property to The
District;
(3) Brazos County shall pay (i) the Owner's Title Policy premium, (ii)
the cost of any title curative matters required under this
Contract, and (iii) one-half of the Title Company's escrow fees.
All other closing costs shall be allocated between the parties
based on local custom in Brazos County, Texas for commercial
real estate sales;
(4) Each party shall be responsible for its own attorney's fees; and
(5) Any other actions required of any party hereto to complete
performance of this Agreement.
VI.
DEVELOPMENT
This Agreement is made and entered into subject to the development of
a transit terminal/parking garage, offices, and retail space. The District
covenants and agrees that the Property shall be solely used for the
construction, operation, and maintenance of this facility by customers of a
Donation Agreement
Page 3 of 11
Vol. 130 P9 3 D
mass transit program. Additionally, at least 18,250 feet of office space will be
constructed to replace the current space utilized by Brazos County's Adult
Probation Department, in accordance with DOT /FTA Relocation Assistance
guidelines. The District agrees to commence construction, as hereinafter
defined of the aforesaid facility within twelve (12) months of the date hereof.
The Deed conveying the Property to be executed and delivered by Brazos
County to The District shall contain conditions subsequent giving Brazos
County the right to terminate the conveyance if these conditions are not
satisfied. The property will revert to Brazos County at the end of its life
cycle, within thirty - five (35) years.
VII.
DISCLAIMER
THE PROPERTY IS BEING DONATED " IS " AND " WITH ALL
FAULTS INCLUDING ALL LATENT AND PATENT DEFECTS.
WITHOUT ANY REPRESENTATION OR WARRANTY BY BRAZOS
COUNTY. BRAZOS COUNTY HAS NOT MADE AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY
REPRESENTATION OR WARRANTY REGARDING FITNESS FOR ANY
PARTICULAR PURPOSE OR COMPLIANCE WITH ANY
ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS,
RULES, REGULATIONS, ORDERS, OR REQUIREMENTS (EXCEPT FOR
LIMITED WARRANTIES OF TITLE SET FORTH IN THE EASEMENT).
THE DISTRICT HAS NOT RELIED UPON ANY REPRESENTATION,
WARRANTY, OR OTHER ASSERTION, EITHER ORAL OR WRITTEN,
MADE BY BRAZOS COUNTY OR ITS EMPLOYEES, AGENTS, OR BY ANY
OTHER PERSON REPRESENTING BRAZOS COUNTY, BUT IS RELYING
SOLELY UPON ITS EXAMINATION OF THE PROPERTY. THE
DRISTRCT WARRANTS THAT IT SHALL INSPECT THE PROPERTY AND
SHALL RELY SOLELY ON ITS OWN INVESTATION OF THE PROPERTY
TO DETERMINE TH CONDITION OF THE PROPERTY. THE DISTRICT
ACKNOWLEDGES THAT ALL INFORMATION PROVIDED OR TO BE
FURNISHED BY BRAZOS COUNTY WITH RESPECT TO THE
CONDITION OF THE PROPERTY IS FURNISHED AS A CONVENIENCE
ONLY TO THE DISTRICT AND THAT BRAZOS COUNTY MAKDES NO
REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF
SUCH INFORMATION.
Donation Agreement
V OI. 3V age 4 of 1 4 l
VIII.
GENERAL
(1) The headings of the articles herein are for convenience and shall not
affect the meanings and interpretations of the contents hereof.
(2) This agreement represents the complete understanding between the
parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral, as to the Property. This Agreement
may be amended only by a written instrument signed by both parties.
No requirement, obligation, remedy or provision of the Agreement shall
be deemed to have been waived unless expressly waived in writing, and
any such waiver shall not affect the right to enforce such provision
thereafter.
(3) This Agreement may not be assigned by The District without the prior
written consent of Brazos County. No such assignment shall relieve
The District or its successors or assigns of any obligations imposed
hereunder, including the obligations to pay the sums due hereunder
and to develop the Property in accordance with the requirements of the
Agreement.
(4) All notices authorized or required herein shall be in writing and shall
be personally delivered or sent by registered or certified mail, return
receipt requested, or by reliable overnight courier service to Brazos
County or The District at their respective addresses as set forth below;
Brazos County:
Brazos County
Attention: Randy Sims, County Judge
300 East 26 Street
Bryan, Texas 77803
The District:
Brazos Transit District
Attention: John McBeth
1759 N. Earl Rudder Freeway
Bryan, Texas 77803
Donation Agreement
Page 5 of 11 3 01
Vol. l �O Pg
All such notices shall be deemed to have been given forty - eight (48)
hours after sending, or upon receipt if delivered in person.
(5) Time is of the essence of this Agreement.
(6) The covenants, representations, agreements, and conditions herein
contained shall survive closing and shall apply to and bind the
successors and assigns of the parties hereto.
(7) The representations, warranties, covenants, and agreements contained
herein shall be deemed to be material and to have relied upon by the
party to whom they have been made.
(8) Unless superseded by federal law, the Agreement shall be construed
under the laws of the State of Texas. Venue for any action hereunder
shall he exclusively in Brazos County, Texas.
IN WITNESS WHEREOF, the parties have executed this instrument in
multiple original counterparts, each of which have the full force and effect of
an original, but constituting only one instrument, as of the day and year first
above written.
B i
Name: Randy ims
Title: Cou y Judge
BRAZOS TRANSIT DISTRICT:
By: C g.
Name: J hn McBeth
Title: Brazos Transit District
EXHIBITS
EXHIBIT A — Property Description
EXHIBIT B — General Warranty Deed
Donation Agreement
Page 6 of 11
vol. l , 0 p g . 3 3
EXHIBIT A
First parcel
Being 0.861 acre tract or parcel of land and being all of Block Seven (7), City of
Bryan Townsite in accordance to map of the original townsite of said City of
Bryan, Texas, as recorded in Volume H, Page 721 of the Deed Records of Brazos
County, Texas, and being more particularly described as follows:
i
BEGINNING at the southeast comer of the aforesaid Block Seven (7), said point
also being the southeast comer of Lot No. One (1) and also lying at the point of
intersection of the north right -of -way of Twenty - seventh (27 Street and the west
right -of -way line of Washington Avenue;
THENCE north along the said west right -of -way line of Washington Avenue for a
distance of 250.00 feet to an iron rod for corner; said corner being the northeast
corner of Block Seven (7) and the northeast corner of Lot No. Five (5) and lying
at the point of intersection of the west right -of -way line of Washington Avenue
with the south right -of -way of Twenty -sixth (26` Street;
THENCE west along the said south right -of -way line of Twenty -sixth (26`") Street
for a distance of 150.00 feet to an iron rod for comer; said corner being the
northwest comer of Block Seven (7) and the northwest corner of Lot Five (5) and
also lyi% at the point of intersection of the south right -of -way line of Twenty -
sixth (26 ) Street and the east right -of -way line of Regent Street;
Donation Agreement
1 -7 7ofII �c 3 ��
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THENCE south along the said east right -of -way line of Regent Street for a
distance of 250.00 feet to an iron rod for corner; said corner also being the
southwest comer of Block Seven (7) and the southwest comer of Lot No. One (1)
and also lying at the point of intersection of the east right -of -way line of Regent
Street and the north right -of -way line of Twenty- seventh (27` Street;
THENCE east along the north right -of -way line of Twenty- seventh (27` Street
for a distance of 150.00 feet to the PLACE OF BEGINNING and containing
0.861 acres of land, more or less.
Being the same land described in deed from Bryan Hospital, Incorporated to
Brazos County, by deed dated July 16' 1975 and recorded in Volume 341, page
618, Deed Records of Brazos County, Texas.
Second parcel
Being Lot No. SIX (6) and Lot No. SEVEN (7), in Block No. TWENTY -FIVE
(25) in the city of Bryan, Brazos County, Texas according to plat of record in
Volume H of the Deed Records of Brazos County, Texas. And being the same
lots described in deed from Annie L. Webb to W. H. Lawrence by deed dated
February 28, 1924, and recorded in Volume 63, page 222, Deed Records of
Brazos County, Texas.
Being the same land described in deed from Mrs. Katherine Lawrence Higgs,
Individually and as Independent Executrix of the Estate of Jim Tom Lawrence,
Osborn S. Higgs, Mrs. Helen Lawrence Winstein, George D. Winstein, Mrs. Gail
Lawrence Tiano and Anthony Tiano to Brazos County, by deed dated January
24` 1966 and recorded in Volume 253, page 60, Deed Records of Brazos
County, Texas.
Third parcel
Being Lot No. EIGHT (8) in Block No. TWENTY -FIVE (25), in the City of
Bryan, Brazos County, Texas, according to plat of record in Volume H of the
Deed Records of Brazos County, Texas.
Being the same land described in deed from Mrs. Kate L. Williams to Brazos
County, by deed dated January 26` 1966 and recorded in Volume 253, page 73,
Deed Records of Brazos County, Texas.
Donation Agreement
Page 8 of 11
Vol. _ 3 �,.� . _ Pg 35__
EXHIBIT B
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED is made this day of 2008
between COUNTY OF BRAZOS, a political subdivision of the State of Texas, GRANTOR, and
BRAZOS TRANSIT DISTRICT, a political subdivision of the State of Texas, GRANTEE.
WITNESSETH, that in consideration of the sum of Ten and No /100 Dollars ($10.00), the
receipt of which is hereby acknowledged, said party of the first part does by these presents,
grant, bargain, sell and convey unto said GRANTEE and its assigns, all of the following
described real estate, situated in the County of Brazos, State of Texas, to -wit:
First parcel
Being 0.861 acre tract or parcel of land and being all of Block Seven (7), City of
Bryan Townsite in accordance to map of the original townsite of said City of
Bryan, Texas, as recorded in Volume H, Page 721 of the Deed Records of Brazos
County, Texas, and being more particularly described as follows:
BEGINNING at the southeast comer of the aforesaid Block Seven (7), said point
also being the southeast comer of Lot No. One (1) and also lying at the point of
intersection of the north right -of -way of Twenty- seventh (27"') Street and the west
right -of -way line of Washington Avenue;
THENCE north along the said west right -of -way line of Washington Avenue for a
distance of 250.00 feet to an iron rod for comer; said corner being the northeast
comer of Block Seven (7) and the northeast comer of Lot No. Five (5) and lying
at the point of intersection of the west right -of -way line of Washington Avenue
with the south right -of -way of Twenty -sixth (26 Street;
THENCE west along the said south right -of -way line of Twenty -sixth (26 Street
for a distance of 150.00 feet to an iron rod for comer; said .corner being the
northwest comer of Block Seven (7) and the northwest comer of Lot Five (5) and
also lying at the point of intersection of the south right -of -way line of Twenty -
sixth (26 Street and the east right -of -way line of Regent Street;
Donation Agreement
V01. 1 3 &g e 9 of]] Pg. J (D
THENCE south along the said east right -of -way line of Regent Street for a
distance of 250.00 feet to an iron rod for corner; said comer also being the
southwest comer of Block Seven (7) and the southwest comer of Lot No. One (1)
and also lying at the point of intersection of the east right -of -way line of Regent
Street and the north right -of -way line of Twenty- seventh (27` Street;
THENCE east along the north right -of -way line of Twenty- seventh (27` Street
for a distance of 150.00 feet to the PLACE OF BEGINNING and containing
0.861 acres of land, more or less.
Being the same land described in deed from Bryan Hospital, Incorporated to
Brazos County, by deed dated July 16` 1975 and recorded in Volume 341, page
618, Deed Records of Brazos County, Texas.
Second parcel
Being Lot No. SIX (6) and Lot No. SEVEN (7),.in Block No. TWENTY -FIVE
(25) in the city of Bryan, Brazos County, Texas according to plat of record in
Volume H of the Deed Records of Brazos County, Texas. And being the same
lots described in deed from Annie L. Webb to W. H. Lawrence by deed dated
February 28, 1924, and recorded in Volume 63, page 222, Deed Records of
Brazos County, Texas.
Being the same land described in deed from Mrs. Katherine Lawrence Higgs,
Individually and as Independent Executrix of the Estate of Jim Tom Lawrence,
Osborn S. Higgs, Mrs. Helen Lawrence Winstein, George D. Winstein, Mrs. Gail
Lawrence Tiano and Anthony Tiano to Brazos County,.by deed dated January
24` 1966 and recorded in Volume 253, page 60, Deed Records of Brazos
County, Texas.
Third parcel
Being Lot No. EIGHT (8) in Block No. TWENTY -FIVE (25), in the City of
Bryan, Brazos County, Texas, according to plat of record in Volume H of the
Deed Records of Brazos County, Texas.
Being the same land described in deed from Mrs. Kate L. Williams to Brazos
County, by deed dated January 26` 1966 and recorded in Volume 253, page 73,
Deed Records of Brazos County, Texas.
TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements,
hereditaments and appurtenances thereto belonging or in any wise appertaining forever. And said
party of the first part, its successors and assigns, does hereby covenant, promise and agree to and
with said party of the second part at the delivery of these presents it is lawfully seized in its own
right of an absolute and indefeasible estate of inheritance in fee simple, of and in, all and singular
the above granted and described premises, with the appurtenances; that the same are free, clear,
and discharged and unencumbered of and from all former and other grants, titles, charges,
Donation Agreement
a e 10 of]]
Vol. 1� Pg. 37
estates, judgments, taxes, assessments and encumbrances of whatsoever nature, EXCEPT, taxes
and assessments not yet due, restrictions, covenants and easements of record, and that party of
the first part will WARRANT AND FOREVER DEFEND the same unto GRANTEE and its
assigns, against GRANTOR, its successors and assigns, and all and every person or persons
whomsoever, lawfully claiming or to claim
the same.
IN WITNESS WHEREOF, the GRANTOR hereto has caused these presents to be signed
in its name the day and year first above written.
Randy Sims
Brazos County Judge
STATE OF TEXAS §
COUNTY OF BRAZOS §
SUBSCRIBED AND SWORN TO this _ day of 2008.
Notary Public, State of Texas
My Commission Expires:
Attest:
Karen McQueen,
Brazos County Clerk
Donation Agreement
Page 11 of 11
Vol. J 30 p 3 $
AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement is entered into by and between Brazos County, Texas, a
political subdivision of the State of Texas (hereinafter "County") and the City of Bryan, Texas, a Texas home
rule municipality, (hereinafter "City") and amends the Development Agreement entered into by and between the
County and the City dated the 12th day of March, 2004 (hereinafter "Agreement ") attached hereto as Exhibit
"A."
RECITALS
WHEREAS, the City provided infrastructure and improvements to the City's utility system to provide
service to the Brazos County Exposition Center, which constituted valuable consideration to the County; and
WHEREAS, the City provided financing of the infrastructure for the Brazos County Exposition Center
through the issuance of Certificates of Obligation in the amount of two million thirty thousand dollars
($2,030,000.00);
WHEREAS, it was the intent of the parties that the City be made whole for its costs incurred in
providing the infrastructure to the Brazos County Exposition Center;
WHEREAS, it is the desire of the parties to amend the Agreement by deleting the provisions of Section
2.3 and providing for the reimbursement by the County to the City for the costs incurred in providing
infrastructure to the Brazos County Exposition Center through direct payments to the City in accordance with an
agreed payment schedule, consistent with the terms and conditions of the City's certificate of obligation debt
schedule;
WHEREAS, Section 4.1 of the Agreement provides the parties may modify the Agreement with an
instrument in writing with the same formality as the underlying Agreement.
i
NOW THEREFORE KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual
benefits hereinafter set forth, which constitute constitutionally permissible mutual consideration, the parties
agree to amend the Agreement as follows:
ARTICLE 1.
The provisions set forth in Section 2.3 of the Agreement are hereby deleted in their entirety and the following
are substituted:
County shall reimburse the City for the costs incurred in providing infrastructure to the
Exposition Center with such costs reflected in the schedule attached to this amendment as
Exhibit `B ", hereinafter "Reimbursement Obligation ". The County shall pay the City on the
semi - annual basis of February 1 and August 1 of each calendar year through 2017 in accordance
with Exhibit `B." The City will be responsible for the final 2018 calendar year payment in the
amount of $251,400.00, as reflected in Exhibit `B." The County acknowledges that August 15,
2014 is the earliest date at which the Certificates of Obligation, on which Exhibit `B" is based,
may be called. The County may opt to pay off its Reimbursement Obligation early,
commencing in calendar year 2014 in accordance with the early pay off amounts set forth in
Exhibit `B ".
ARTICLE H.
With the exception of the amendment to Section 2.3, all other provisions of the Agreement remain in
full force and effect.
Amendment to Development Agreement Page 1 of 11
Brazos County City of Bryan
Vol. 130 pg.
i
Entered into and effective on this the day of t/ 20JW
Attest:
Karen McQueen, County Clef c
CTTY OF BRYAN, TEXAS:
Hon. D. Mark Coulee, Mayor
Approved as to substance:
/,A? /-��
David F. Watkins, City Manager
Approved as to form:
�a -y' 2�--
J K. Hampton, City Attorney
Amendment to Development Agreement
Brazos County
Vol.
Attest:
Mary Lynn tratta, City Secretary
Page 2 of 11
City of Bryan
3� pg. 40
BRAZOS COUNTY. TEXAS:
Approved as to form:
EXHIBIT "A"
DEVELOPMENT AGREEM ENT
YG%— kVVAJ
This Development Agreement is dated as of day of f ° °— 2WE , and
entered into by and between Brazos County, Texas, apolitical subdivision of The Ttate of Texas,
(hereinafter "County'), and the City of Bryan, Texas, a Texas home rule municipality,
(hereinafter "City"),
RECITALS:
WHEREAS, the County has undertaken to build a state of the art, multi - purpose sports,
civic and entertainment facility suitable for hosting rodeo and livestock exhibition events, as well
as fancily shows, concerts and civic events (herein the "Expo Center "); and
WHEREAS, the Expo Center will be constructed on a 158 acre, tract of land in the T.J.
WOOTEN LEAGUE, ABSTRACT NO. 59, Brazos County, Texas, more particularly described
on Exhibit "A" attached hereto and made a part hereof for all purposes, (hereinafter "the Site ");
WHEREAS, the Site is currently within the City's extraterritorial jurisdiction, but is
without utility service; and
WHEREAS, the County hereby requests the City to extend a city water line and a gravity
flow sewer line(s) (hereinafter "the Utilities ") to the Site because the County requires lines of
sufficient capacity to furnish municipal water, municipal fire protection, and municipal sanitary
sewer services to the Expo Center that are at least the equivalent of those serving comparable
developments within the corporate limits of the City;
WHEREAS, the City wishes to extend utilities to the Site and make utilities available to
the surrounding areas in order to promote development, both commercial and residential, in this
area which currently has inadequate water and wastewater service; and
WHEREAS, Chapter 791 of the Texas Government Code, authorizes contracts between
local governments to provide governmental services.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS, that for and in
consideration of the mutual benefits hereinafter set forth, which the patties agree fairly
compensates the other for the actions agreed to be undertaken by each patty, the parties agree as
follows:
ARTICLE ONE
City's Obligations
1.1 Design and Construction The City shall undertake and assume the responsibility, at
it's sole cost and expense, for the design, installation, construction and maintenance
of the Utilities. The Utilities shall be of a size sufficient to service the proposed Expo
Center. The City acknowledges that it has been provided information and the County
will continue to make available to it, all information it requires to evaluate the needs
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Amendment to Development Agreement Page 3 of I I
Brazos County I City of Bryan
Vol. _ _ 130 Pg' ---- --
of the Expo Center so as to correctly size the Utilities. City's obligation shall include
but not be limited to the cost of materials and labor, engineers, design consultants, the
general contractor, bidding of the project for construction, supervising and
coordinating all tasks relative to constructing the Utilities.
1.2 Easements The City shall, at it's sole cost and expense, acquire and procure all
utility easements necessary to bring the Utilities to the Site including but not limited
to the cost of surveying, appraisals, negotiation with land owners, acquisition costs,
and legal fees associated with such acquisition. This obligation to acquire necessary
easements shall include the acquisition of a thirty foot (30') wide water and
wastewater easement on the west side of Jones Road from Villa Maria to the Site.
1.3 Construction Schedule The City shall provide to the County, as soon as possible, for
its information, the schedule for the design, acquisition and construction of the
Utilities, such schedule, (as revised from time to time with the County being
furnished information copies of such revisions), being referred to as the " Schedule ".
The Schedule shall include time for adverse weather conditions to the extent normally
encountered in the Bryan, Texas area and impacts thereof, establish a date for
completion of the Lines to the Site, delineate all phases of the Utilities construction
and set forth a projected date for completion of each phase in sufficient detail to allow
the County or its representative(s) to monitor progress of the Utilities. The phases of
the Utilities construction to be addressed in the Schedule shall include, without
limitation, (a) the design phases, (b) acquisition of easements, (c) all construction
phases, and (d) acquisition of a certificate of convenience and necessity (CCN) from
the Texas Commission on Environmental Quality (TCEQ), if required by law, to
serve the Expo Center with water set-vice. A preliminary schedule is attached hereto
as Exhibit `B" and made a part hereof for all purposes.
1.4 Progress Reports The City shall make available to the County, a monthly project
status report. Such reports shall describe the status of the design and construction of
the Utilities and include, but not be limited to, actual versus estimated percentage
completion for design and construction of the Utilities, any change in costs incurred
in connection with the construction of the Utilities, performance against Schedule,
and revisions to the Schedule as of the end of each monthly reporting period.
1.5 Development Fees The County agrees to pay all development fees normally charged
by the City for similar commercial development within the City, including but not
limited to tap fees chargeable for the connection of the County's private utility lines
to the Utilities, building permit fees, and burn permit fees.
ARTICLE TWO
County's Obligations
2.1 Utility Easements The County shall grant to the City an exclusive thirty (30) foot
wide public water and wastewater utility easement through the center of the Site
which shall be aligned to the extent possible with the water and wastewater easement
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Brazos County City of Bryan
voi. 13D pg. —LLa__
to be acquired on the west side of Jones Road, as described above. The exact location
is to be determined by surveys and engineering work to be done pursuant hereto.
2.2 Internal Lines County shall be responsible for construction of all water and
wastewater lines internal to the Site, so as to bring water and sewer services from the
Utilities to any improvements constructed on the Site.
2.3 Health District Funding The City's annual participation contribution to the Brazos
County Health District, shall be reduced to $10,000 per year commencing January 1,
2004.
2.4 Annexation The County, by approving this Interlocal Agreement, hereby requests
that the City annex the Site.
ARTICLE THREE
Conditions
3.1 Debt Issuance This Agreement is made conditioned upon and subject to, the City
issuing Certificates of Obligation or Revenue Bonds in the sum of approximately
$2,500,000 upon terms reasonably acceptable to the City. The City shall undertake to
issue such bonds, no later than August 31, 2004. Prior to such issuance date, the City
will undertake to do work contemplated by this Agreement, including but not limited
to design, survey and easement acquisition, so that the project can be completed in
accordance with the construction schedule attached hereto.
3.2 Annual Auoronriation The County's and City's obligations under this Development
Agreement shall be. performed using only those lawfully available current funds of
the County and City that are made available by annual budgeting and appropriation
by the County Commissioners Court and the Bryan City Council, respectively.
3.3 Acquisition of Certificate of Convenience and Necessity (CCN) If required by law,
the acquisition by City of a Certificate of Convenience and Necessity (CCN) from the
Texas Commission on Environmental Quality (TCEQ) to serve the Expo Center with
water service is a condition precedent to City's performance hereunder.
ARTICLE FOUR
Miscellaneous
4.1 Amendment: Waiver No alteration, amendment or modification hereof shall be valid
unless executed by an instrument in writing by the parties hereto with the same
formality as this Development Agreement No waiver by the County or the City of
any covenant, agreement, term, provision or condition of this Development
Agreement shall be deemed to have been made unless expressed in writing and
signed by an appropriate official on behalf of the City or the County.
4.2 Consent Unless otherwise specifically provided herein, no consent or approval
by the County or the City permitted or required under the terms of this Development
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Brazos County City of Bryan
Vol. 13,9 Pg 4
Agreement shall be valid or be of any validity whatsoever unless the same shall be in
writing, signed by the party by or on whose behalf such consent is given.
4.3 Severabilitv If any article, section, subsection, term or provision of this
Development Agreement or the application thereof to any party or circumstance shall,
to any extent, be invalid or unenforceable, the remainder of the article, section,
subsection, term or provision of this Development Agreement or the application of
same to parties or circumstances other than those to which it is held invalid or
unenforceable shall not be affected thereby and each remaining article, section,
subsection, tern or provision of this Development Agreement shall be valid and
enforceable to the fullest extent permitted by law, provided that no such severance
shall serve to deprive either party of the enjoyment of its substantial benefits under
this Development Agreement.
4.4 Captions The captions of articles and sections are for convenient reference only
and shall not be deemed to limit, construe, affect, modify or alter the meaning of such
articles or sections.
4.5 Binding Effect Except as may otherwise be provided herein to the contrary, this
Development Agreement and each of the provisions hereof shall be binding upon and
inure to the benefit of the City and the County, and their respective permitted
successor and assigns.
4.6 Notices Except as otherwise provided herein, all notices, demands, consents,
approvals, statements, requests and invoices to be given under this Development
Agreement shall be in writing, signed by the party or officer, agent or attorney of the
party giving the notice, and shall be deemed effective upon receipt if hand delivered,
or sent by telecopy with transmission confirmation or overnight courier service; and if
sent by the United States mail, postage prepaid, certified mail, return receipt
requested, then three (3) Business Days after mailing or the date of refusal, addressed
as follows:
Brazos County City of Br van, Texas
300 E. Suite 114 P.O. Box 1000
Bryan, Texas 77803 Bryan, Texas 77805
Attn: Judge Randy Sims Attn: Mary Kaye Moore, City Manager
Either party may from time to time by written notice given to the other pursuant to the
terms of this Section 4.6 change the address or designees to which notices shall be
sent or designate one or more additional Persons to whom notices are to be sent.
4.7 Applicable Law This Development Agreement has been prepared in the State of
Texas and shall be governed in all respects by the laws of the State of Texas.
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Brazos County
Page 6 of 11
City of Bryan
Vol. 1 Pg TL�
4.8 Effective Date This Development Agreement shall be a legally binding
agreement, in full force and effect, as of the date of the last party to execute this
Agreement.
4.9 Further Assurances The County and the City shall execute, acknowledge and
deliver, after the date hereof, without additional consideration,• such further
assurances, instruments and documents, and shall take such further actions, as the
City, or the County shall reasonably request of the other in order to fulfill the intent of
the Development Agreement and the transactions contemplated thereby.
4.10 Third -Patty Beneficiary The provisions of the Development Agreement are for
die exclusive benefit of the parties hereto and not for the benefit of any third person,
nor shall this Development Agreement be deemed to have conferred any rights,
express or implied, upon any third person unless otherwise expressly provided for
herein.
4.11 Counterparts This Development Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same instrument.
4.12 Prior Agreements Superseded This Development Agreement supersedes any
prior understanding or written or oral agreements between the parties respecting the
within subject matter. There are no oral agreements among the parties hereto.
4.13 Non - Exclusive Remedies Except as otherwise provided herein, no remedy
herein conferred or reserved is intended to be exclusive of any other available remedy
or remedies, and each and every such remedy shall be cumulative and shall be in
addition to every such remedy given under the Development Agreement or now or
hereafter existing at law or in equity or by statute. It is expressly agreed that the
remedy at law for breach by a party of its obligations hereunder may be inadequate in
view of the complexities and uncertainties in measuring the actual damages which
would be sustained by reason of either party's failure to comply fully with each of
such obligations. Accordingly, the obligations of each party hereunder are expressly
made enforceable by specific performance.
4.14 Attorne 's Fees In the event of any controversy, claim or dispute between the
parties arising from or relating to this Development Agreement (including, but not
limited to, the enforcement of any indemnity provisions), the prevailing party shall be
entitled to recover reasonable costs, expenses and attorneys' fees.
Attest: BRAZOS COUNTY, TEXAS
B �� B y:
�KaR�rf McQueen, County erk Randy Simi ounty edge
03- 3069:Development Agcement
Amendment to Development Agreement
Brazos County
Page 7 of 11
City of Bryan
Vol. 130 Pg 45
Attest
By: 4 /
Mary Ly 1 t atta, City Secretilry
034DR:Devolopment Agreement
Amendment to Development Agreement
Brazos County
Voi. _ ) 30
CITY QF BRjr)AN, TEXAS
B u
J Vbnwat
Appro nce:
By: 7vmu e ly,411
Mary Kaye Moor,., City Manager
Appro a s to Form: `�
By: i to� a0�� ,
Michael Cosentino, City Attorney
Page 8 of 11
City of Bryan
P 40
905,000.00
2/15/2015
EXHIBIT "B"
19,452.50
8/15/2015
215,000.00
Brazos County Expo
Center
253,905.00
690,000.00
2/15/2016
Remaining Debt Service
15,152.50
8/15/2016
220,000.00
Early Call Amount
4.1500%
15,152.50
250,305.00
470,000.00
2/15/2017
10,587.50
Ending
8/15/2017
230,000.00
4.2500%
10,587.50
Principal
Date
Principal
Int Rate
Interest
Total
P &I
Balance
2/15/2009
8/15/2018
40,527.50
4.7500%
5,700.00
2,030,000.00
8/15/2009
170,000.00
Amendment to Development Agreement
3.2500%
40,527.50
251,055.00
1,860,000.00
2/15/2010
37,765.00
City
of Bryan
8/15/2010
175,000.00
Vol.
3.5000%
37,765.00
_
250,530.00
1,685,000.00
2/15/2011
34,702.50
8/15/2011
185,000.00
3.7500%
34,702.50
254,405.00
1,500,000.00
2/15/2012
31,233.75
8/15/2012
190,000.00
3.8750%
31,233.75
252,467.50
1,310,000.00
2/15/2013
27,552.50
8/15/2013
200,000.00
4.0000%
27,552.50
255,105.00
1,110,000.00
905,000.00
2/15/2015
19,452.50
8/15/2015
215,000.00
4.0000%
19,452.50
253,905.00
690,000.00
2/15/2016
15,152.50
8/15/2016
220,000.00
4.1500%
15,152.50
250,305.00
470,000.00
2/15/2017
10,587.50
8/15/2017
230,000.00
4.2500%
10,587.50
251,175.00
240,000.00
2/15/2018
5,700.00
8/15/2018
240,000.00
4.7500%
5,700.00
251,400.00
-
Amendment to Development Agreement
Page 9 of 11
Brazos County
City
of Bryan
Vol.
1 3 0
p
_
1—.
Total 2,030,000.00 492,452.50
8/15/2014 Principal Interest Total
Call Payment: Brazos County 870,000.00 23,552.50 893,552.50
City of Bryan 240,000.00 240,000.00
1,110,000.00 1,133,552.50 Total Pmt
Interest Saved Brazos County 90,385.00
City of Bryan 11,400.00
101,785.00
8/15/2015
Call Payment:
Interest Saved
8/15/2016
Call Payment:
Brazos County 665,000.00 19,452.50 684,452.50
City of Bryan 240,000.00 240,000.00
905,000.00 924,452.50 Total Pmt
Brazos County
City of Bryan
51,480.00
11,400.00
62,880.00
Brazos County 450,000.00 15,152.50 465,152.50
City of Bryan 240,000.00 240,000.00
690,000.00 705,152.50 Total Pmt
Interest Saved Brazos County 21,175.00
City of Bryan 11,400.00
Amendment to Development Agreement
Brazos County
Vol,
Page 10 of I I
l 3o Pg. � City of Bryan
,_
CONSULTING AGREEMENT
THIS AGREEMENT, effective on the countersigned date below, is by and between Ben Sanford &
Associates, Inc., hereinafter referred to as CONSULTANT, and Brazos County, hereinafter referred to as
CLIENT.
WITNESSETH
WHEREAS, CLIENT is desirous of obtaining advice, counsel and assistance in the definition and solution
of certain telecommunication problems it has now, or anticipates encountering in the future; and
WHEREAS, CONSULTANT possesses the experience, expertise, familiarity with the industry and capacity
to fulfill said need of CLIENT, and is willing to assist CLIENT as herein described for the fee set forth;
NOW THEREFORE, for and in consideration of these premises, the mutual promises and covenants
contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
CLIENT HEREBY engages CONSULTANT for the period of twenty -four (24) months to render the CLIENT
such consulting services as are more particularly described in the attached "Exhibit A ", which services
CONSULTANT agrees to render to CLIENT on the terms and conditions set forth. Notwithstanding any
other provision hereof, either party may terminate this contract for good cause shown in writing ninety
(90) days prior to a fixed written termination date. In exigent emergency circumstances explained in
writing by Commissioner's Court, the Court may effect termination of this contract for emergency
reasons after a ten (10) day written notice to Consultant.
CLIENT AGREES to pay CONSULTANT, for said consulting services, a fee as enumerated in "Exhibit B"
CLIENT shall authorize CONSULTANT to deal with applicable vendors by written Letter of Agency.
CONSULTANT acknowledges that County contracts in Texas usually depend on the existence of an
appropriation to fund the contract or otherwise legally available funding to make payments hereunder.
It is expressly agreed and acknowledged by CONSULTANT that this contract may be unilaterally
terminated by Commissioner's Court for non - existence, lapse or exhaustion of the appropriation or
funding anticipated to exist at the time of execution hereof. If Commissioner's Court implements the
termination described in this paragraph, it shall not be required to pay any expectation or bargained —
for payments described herein (and on any attachments) because of such failure of appropriation or
fixed funding.
IV
THIS AGREEMENT SHALL constitute the entire agreement of the parties, shall inure to the benefit of the
parties hereto, their heirs and assigns forever, and any amendment, modification, or alteration shall be
of no force and effect unless embodied in writing and executed by the parties cony�rned. Signatures
below must be dated within sixty days of one another. // o
Offered 3 S.
Ben Sanford
Ben Sanford & Associates. Inc.
Company
President MA9
Title Date
Accepted
Brazos County
Company
Cam, I )Z� kn
Title 1 0 Date
vot. I____30 Pg _ t{
EXHIBIT A
TASKS
JAIL EXPANSION / SO ADMIN PHONE SYSTEM
1. Evaluate connectivity options with the Detention Center/ Sheriff's Office
switch.
2. Assist County IT Department with VOIP, inside cabling, outside plant and
construction issues.
3. Assist IT and Sheriffs Office personnel with instrument, features, voice
mail and other user issues of interest.
4. Interface with county Maintenance and PBX vendor as needed.
5. Coordinate with Verizon regarding local services as needed for switch,
911, and adjunct services such as elevators, alarms, fingerprint scan,
intoxilyzer, etc.
6. Assist with personnel move from Courthouse issues.
7. Assist with planning and cutovers as needed.
8. Assist with post - cutover issues and changes.
9. Provide consideration of impact on other projects including Expo and
upcoming Courthouse system replacement.
EXHIBIT B
FEE SCHEDULE
Hourly fees are $125, plus expenses (including travel, meals, lodging, long distance, postage,
printing, and other misc. items). Automobile travel shall be expensed at .55 per mile.
Total Fee for Services Shall Not Exceed $6,250 (50 hours), plus estimated expenses of $1,000,
for a total of $7,250.
Invoices shall be rendered monthly, or at completion of major tasks.
Any additional hours requested by Client shall be billed at the same hourly rate, plus expenses.
FEE INCLUDES A ONE YEAR FOLLOW -UP FOR
ANY RECOMMENDED PRODUCTS OR SERVICES
Initials:
BSA
� Client
BRAZOS COUNTY PROPOSAL ADDITIONA L HO (,f .
BRAZOSCOUNTY
BRYAN, TEXAS
STATE OF TEXAS §
COUNTY OF BRAZOS §
ORDER OF INDEMNIFICATION
OF THE BRAZOS COUNTY TREASURER
WHEREAS, the County of Brazos is a political subdivision of the State of Texas, and
WHEREAS, the Texas Local Government Code §157.903 authorizes the County of
Brazos to indemnify its elected or appointed county officers against personal liability for
the loss of county funds, or loss of or damage to personal property, incurred by the officer
in the performance of official duties if the loss was not the result of the officer's
negligence or criminal action, and
WHEREAS, the County of Brazos finds it appropriate to indemnify, defend and hold
harmless its County Treasurer for the loss of county funds, incurred by the County
Treasurer in the performance of her official duties if the loss was not the result of the
officer's negligence or criminal action.
NOW, THEREFORE, BE IT RESOLVED, by the Brazos County Commissioners Court
as follows:
To the extent permitted by the Constitution of the State of Texas and Texas Local
Government Code §157.903, the Brazos County Treasurer shall be indemnified against
personal liability for the loss of county funds, specifically Eight Hundred Fifty -Nine and
Order 09 -018
Office of the County Judge • 200 South Texas Ave • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361 -0503
Vol 3D p g . 51
.77/1.00 dollars ($859.77), incurred by the Treasurer for the overpayment of child support
on behalf of several former county employees: David Kelley, Louis Flowers, Joseph
Clifton, John Latson, and Chad Rogers.
ADOPTED this ,19k day of C 13, r , 2009 by a vote of j AYES
and 0 NAYS.
ComnAssioner Lloyd Wassermann
Precinct 1
Commissioner K n Mallard
Precinct 3
ATTEST:
%LEXWR� °�
Commissioner Duane Peters
Precinct 2
Vol. 0 PS
6 0 Order 09 -018
Office of the Brazos County Auditor /
Brazos County Administrative Building l
200 South Texas Avenue, Suite 218
Bryan, Texas 77803
(979) 361 -4350
Fax(979)361 -4188
December 16, 2009
TO: Debbie Lockledge, Administrative Assistant, County Judge's Office
FROM: Megan Conkel, Assistant Auditor ;, 0c-
RE: Agenda Request for December 29, 2009
On September 9' 2008 the Brazos County Commissioner's court voted (referring to trash
stickers) to "increase the price to $.60 per sticker and adding a bulk price of $450.00 per 1000."
Additionally, previous to this action the stickers were $.50 each with a bulk price of $400.00 for
1000.
During routing selling of the stickers the exact intent of the Court for bulk sales has come under
question. We are unsure if the Court intended a 20 or 25% discount for bulk purchases and if the
Court intended the same discount for purchases greater than 1000.
Therefore we respectfully request that the Court consider the following schedule and if it is
accurate for the Courts intentions, please approve in Commissioner's Court. If this schedule
does not agree with the Court's intent please prepare a similar schedule so that we can be clear
on the prices to be charged.
Purchase of 999 or less stickers in one purchase are at face value of $.60 each
1000 stickers or more are to be at a 25% discount
Examples:
1000 stickers at one purchase = $450.00
1250 stickers at one purchase = $562.50
1500 stickers at one purchase = $675.00
Thank you.
Vol. i 3 o pg. G 3
APPROVED:
4rl 7
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this - .2ql—'- day of e-n, W A.D. 2009
/�t ` ti
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this .2 � day of
Sim/ County Judge
Lloyd Watsermann, Commissioner Precinct #1
Duane Peters, Commissioner Precinct 42
Treasurer's Report for the MONTH of OCTOBER 2009
Vol. 1 p 5 4
Kenny Mallard, Co ssioner Pre ' ct 43
Vol 1130 Pg . 5 15
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