HomeMy WebLinkAbout2012-10-30-10:00AM-REGULAR SESSIONJ . �
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTYRL MEET IN
REGULAR SESSION ON OCTOBER 30, 2012 AT 10:00 IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Judge Peters
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 33:
3. Resolution 12-014 providing for the public sale of property acquired by the County of Brazos from
delinquent taxes.
4 App ointme nt of Lieutenant Jeremy Walker of The Salvation Army as the Donations Coordinator (DC) for
5.
6. Reclassification of position under the Sheriff effective November 3 2012. The reclassification has no
fiscal impact to the FY 2013 budget.
• a Deletion of Clerk I Evidence Class Code 1435 Position 1 Group 10 Step 1 5, Pav Code 014
• b Creation of Clerk II Warrant Clerk Class Code TBD Position TBD Group 12 Step 11. Pay
Code 014.
7 Approval of Amendment Documents for Security Benefit Deferred Compe nsation Plan
8 Extension of bid contract 2012 -05 Janitorial Supplies with Ray Crisw
g, Extension of bid contract 2012 -08R Cleaning Supplies with Prostar, Inc.
BRAZOS COUNTY
1 0 . Indigent Health Care Agreement with the Brazos Valley Council of Gove for FY 2013.
11. Contracts with A-1 Fire and Security for fire alarm monitoring at several Bra County Loc ations.
12.
13, App roval to enter into three seperate lease agreements with Caterpillar Fina to obtain a backhoe
loader wheel loader and a rotary mixer for the County Engineer Road & Bridge Depart
14, Permission to reject all bid for Bid Contract 2013 -1.7 Cold Mix Limestone.
15. Renewal of Bid Contract 2013 -17R Cold Mix Limestone with Vulcan and Knife River.
16. Renewal of Bid Contract 2013 -20R Flexible Base with Knife River.
17.
18, Requisit #00040429 to Ike's Small Engine in the amount of $6800-00 for the pu rchase of a riding
mower for Brazos County Detention Center.
19. Requisi #00040436 to Miller Uniform in the amount of $2,061.39 of (3) B Armor Vest for
Constable Pct 2 throuah state contract #680 -A1.
go
21.
22, Rreguisit #00040442 and #00040441 to Sam Pack Five Star Ford In the tota a mount of $101,963.37
for the p urchase of (1) sign truck and (2) 3/4 heavy duty pick -ups for Road & B ri dg e. State c ontract 072 -
A1.
23.
24.
25.
26.
located in Precinct 1.
27, C hapter 59 Asset Forfeiture Report for District Attorney for the period of 09/0 - 08/31/2012.
28. Tax Refund Applications for the following:
• a Wings LTD - overpayment- $53.71
• b Barbara Hamm Ledbetter - overpayment- $368.40
• c Sherrill Nilson - overpayment- $180.00
29. Budget Amendments.
Budget Amendments FY 11/12 53.1
Budget Amendments FY 12113 5.1 thru 5.9
Qurchase - TxMAS -9 -84010
30.
31. Manual req uisition to Texas Communications in the amount of $15,300 for the p urchase an installation
of a radio system for the Courthouse bailiffs and security.
32. Personnel Change of Status.
Personnel Action Forms
33. Payment of Claims.
34. Sheriff's report on inmate population.
35. Announcement of interest items and possible future agenda topics.
36. Call for Citizen input and /or concerns.
37. Adjourn.
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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 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.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 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) 361 -4102.
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NOTICE OF ADDENDUM
BRAZOS COUNTY COMMISSIONERS COURT
In addition to the regular agenda, the Commissioners Court will consider and
take action on the following item(s):
MEETING October 30, 2012
DATE:
MEETING 10:00 AM
TIME:
MEETING Commissioners Courtroom of the County Administration
PLACE: Building, 200 South Texas Avenue, Suite 106, Bryan, Texas
Agenda
1 R ene>.tiel of Ston Loss Coverage with ING Employee Benefits effective November 1. 2012,
The Commissioners Courtroom of the County Administration Building, 200 South Texas Avenue, Suite 106, Bryan, Texas 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) 361.4102.
17 e
BRAZOS COUNTY
BRYARTEXAS
BRYANJEXAS
MINUTES
October 30, 2012
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Sianature Paae.odf
0 File Stamped Aaenda.odf
File Stamped Addendum.odf
Sian in sheet.pdf
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 10:00 a.m. on
Tuesday, October 30, 2012 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Let the record reflect that the meeting was at 10:00 a.m. rather than 10:00 p.m as
stated on the agenda.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters
2. Call for Citizen input and /or concerns.
/ / D
VIE, 6
BRAZOS COUNTY
There was no citizen's input.
Consider and take action on agenda items 3 - 33:
3. Resolution 12 -014 providing for the public sale of property acquired by the County of
Brazos from delinquent taxes.
D Item 3.pdf
Upon approval, the Sheriff was directed to conduct a sale on the first Tuesday in
December 2012 in the manner prescribed by the Texas Rules of Civil Procedure and
TEX. PROP. TAX CODE 34.05 (c) and (d)
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard, Peters, Wassermann.
4. Appointment of Lieutenant Jeremy Walker of The Salvation Army as the Donations
Coordinator (DC) for Brazos County's Donation Management Program which is activated
during and after a major emergency or disaster that falls under the jurisdiction of Brazos
County. This appointment is effective immediately.
Item 4.odf
Chuck Frazier, Emergency Management Coordinator introduced the new head of the
Salvation Army, Mr. Jeremy Walker.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters , Wassermann .
5. Consider and take action on submitting the required report of eminent domain authority
to the Comptroller of Public accounts.
Item 5.odf
This document gives the county authority to condemn property if necessary.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters ,
Wassermann .
6. Reclassification of position under the Sheriff effective November 3, 2012. The
reclassification has no fiscal impact to the FY 2013 budget.
Item 6.odf
• a. Deletion of Clerk I - Evidence, Class Code 1435 Position 1, Group 10 Step 15,
Pay Code 014
• b. Creation of Clerk II - Warrant Clerk, Class Code TBD, Position TBD, Group 12
Step 11, Pay Code 014.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters ,
Wassermann .
7. Approval of Amendment Documents for Security Benefit Deferred Compensation Plan
Item 7.odf
A copy is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard, Peters, Wassermann.
8. Extension of bid contract 2012 -05 Janitorial Supplies with Ray Criswell.
Item 8.pdf
All terms, conditions and pricing shall remain the same.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters , Wassermann .
9. Extension of bid contract 2012 -08R Cleaning Supplies with Prostar, Inc.
Item 9.pdf
All terms, conditions and pricing shall remain the same.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
10. Indigent Health Care Agreement with the Brazos Valley Council of Governments for FY
2013.
0 Item 10.pdf
Brazos County will fund the Brazos Valley Council of Governments (BVCOG) $96,700.00
for the 2013 fiscal year. In return the BVCOG will administer the Brazos County Indigent
Health Care Program. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
11. Contracts with A -1 Fire and Security for fire alarm monitoring at several Brazos County
Locations.
Item 11.pdf
The term of the contract is from October 1, 2012 through September 30, 2013. Cost to
Brazos County is a $32.50 monthly monitoring fee. A copy of the contractual agreement
is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann.
12. Award of RFP 2012 -37 Inmate Telephone Services and Contract with Securus as per
recommendation of the Evaluation Committee.
0 Item 12.pdf
A copy of the bid tabulation sheet and contract are attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
13. Approval to enter into three seperate lease agreements with Caterpillar Financial to
obtain a backhoe loader, wheel loader and a rotary mixer for the County Engineer, Road
& Bridge Department.
1 9 Item 13.pdf
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Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
14. Permission to reject all bid for Bid Contract 2013 -17 Cold Mix Limestone.
Item 14.pdf
Rejected due to no bids received for items numbered 1 -4.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
15. Renewal of Bid Contract 2013 -17R Cold Mix Limestone with Vulcan and Knife River.
Item 15.pdf
All terms, conditions and pricing shall remain the same.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
16. Renewal of Bid Contract 2013 -20R Flexible Base with Knife River.
Item 16.pdf
All terms, conditions and pricing shall remain the same.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
17. Requisition #00040426 to Global Equipment Company in the amount of $1,139.16 for
the purchase of a striping machine for the Building Maintenance Department.
► Item 17.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
18. Requisition #00040429 to Ike's Small Engine in the amount of $6800.00 for the purchase
of a riding mower for Brazos County Detention Center.
Item 18.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
19. Requisition #00040436 to Miller Uniform in the amount of $2,061.39 of (3) Body Armor
Vest for Constable Pct 2 through state contract #680 -A1.
Item 19.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
20. Requisition #00040437 to Lone Star Uniforms in the amount of $5,995 for eleven (11)
body armor vest for Brazos County Detention Center. Only ten vests were approved in
the budget but favorable pricing will allow for the purchase of eleven (11) vests and stay
under the budgeted amount. State contract purchase - TxMAS -9 -84010
VOR- .- Z Q -- Pg _
Item 20.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
21. Requisition #00040440 to Lone Star Uniforms for the amount of $1,090.00 for two (2)
body armor vest for Brazos County Juvenile Services. State contract purchase - TxMAS -
9 -84010
Item 21.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
22. Rrequisitions #00040442 and #00040441 to Sam Pack Five Star Ford in the total amount
of $101,963.37 for the purchase of (1) sign truck and (2) 3/4 heavy duty pick -ups for
Road & Bridge. State contract 072 -A1.
Item 22.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
23. Consider and take action on approval of capital purchase of 2 radios w /programming for
newly purchased Road and Bridge equipment (Gradall XL3100) in the amount of
$862.85; items were inadvertently left off specification requirements for original
equipment purchase.
Item 23.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
24. Consider and take action on the Wellborn S.U.D. utility permit to construct 80' road bore
located on Paleo Point (Indian Lakes Subdivision). This project will provide water service
to customer. Site is located in Precinct 1.
LZI Item 24.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
25. Consider and take action on the BTU utility permit to construct an aerial crossing on
Deer Park Drive. This project will provide electrical service to address 1773. Site is
located in Precinct 1.
Item 25.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
26. Consider and take action on the Wellborn S.U.D. utility permit to construct 80' road bore
on Creekside Drive. This project will connect the Wellborn S.U.D. water system into the
City of College Station water system to help supply customers in the area. Site is located
in Precinct 4.
Item 26.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
y
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Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters , Wassermann .
27. Chapter 59 Asset Forfeiture Report for District Attorney for the period of 09/01/2011 -
08/31 /2012.
Item 27.gdf
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
28. Tax Refund Applications for the following:
Item 28.odf
• a. Wings LTD - overpayment - $53.71
• b. Barbara Hamm Ledbetter - overpayment - $368.40
• c. Sherrill Nilson- overpayment - $180.00
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters, Wassermann .
29. Budget Amendments.
Budget Amendments FY 11 /12 53.1
Amendments FY 12.pdf
53.1 Transfer funds from Non - Departmental to Juvenile Services
Budget Amendments FY 12/13 5.1 thru 5.9
Amendments FY 13.odf
5.1 Transfer funds from General Fund Contingency to Capital Improvement
5.2 Transfer funds from Non - Departmental to Sheriff Administration
5.3 Reallocate funds for Sheriff Administration
5.4 Transfer funds from Non - Departmental to 85th District Court
5.5 Transfer funds from Non - Departmental to Justice of the Peace, Precinct 1
5.6 Reallocate funds for Courthouse Security Fund
5.7 Transfer funds from Non - Departmental to SO -Jail
5.8 Transfer funds from Non - Departmental to Expo Center
5.9 Reallocate funds for D.A. Crime Fund.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters , Wassermann .
30. Requisition #00040428 to Texas Communications in the amount of $862.85 for the
purchase of two radios to be installed in the Gradall Excavator for the Road and Bridge
Department.
Item 30.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard , Peters , Wassermann .
31. Manual requisition to Texas Communications in the amount of $15,300 for the purchase
and installation of a radio system for the Courthouse bailiffs and security.
Item 31.odf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters, Wassermann .
32. Personnel Change of Status.
Personnel Action Forms
ED Item 32.odf
A copy of the personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard , Peters , Wassermann .
33. Payment of Claims.
Claims Sheet.odf
0] BILL LIST 10.30.12.odf
7103703 through 7103940
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard , Peters , Wassermann .
23 Addendum.odf
The County Judge next considered the addendum to the agenda which was the renewal
of Stop Loss Coverage with ING Employee Benefits effective November 1, 2012. A copy
is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters , Wassermann .
34. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 591 inmates in jail, 68 have electronic monitors and
17 are pending for monitors.
35. Announcement of interest items and possible future agenda topics.
There were no announcements.
36. Call for Citizen input and /or concerns.
Commissioner Mallard announced that he had attended the TALHFA conference in San
Antonio last week where he learned more ways to help first time home buyers.
37. Adjourn.
Voi
The foregoing minutes of the Commissioners Court meeting held October 30, 2012 have
been examined and are approved in open Court this VL day of
WNe b , 2012, in Bryan, Brazos County, Texas.
LJ
Duane Peters
County Judge
x4ia- &J ot
Lloyd Wassermann
Commissioner, Precinct 1
S y Ca
ena
ommissi ner, Precinct 2
Inrfa Cauley
Commissioner, Precinct 4
Attest:
Kenny Mallard
Commissioner, Precinct 3
Vol 17e) Page 13
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 50 2012 AT 0- 00
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RESOLUTION PROVIDING FOR THE PUBLIC SALE
—.OF— PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS
FROM DELINQUENT TAXES
WHEREAS,.the following properties. in Brazos County were offered for sale by the Sheriff of Brazos County.
Texas at a public auction pursuant to a of foreclosure for delinquent taxes by the District Court; and
WHEREAS those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of
Brazos, for the use and henefit.of itself and the taxing units for which it collects property taxes, pursuant to TEX. PROP.
TAX CODE § 34.010); and
WHEREAS TEX. PROP. TAX CODE '§ 34.05 (c) and (d) provide that We may request that the Sheriff sell the
property at a public sale for any sufficient.
Cause No. 51,287 -272
Account No. 000060036595
Cause No. 10- 002586 -CV -361
Account No. 44726
Cause 11- 003409 -CV -272
Account No. 000000020325
Lot 3, -Block 3, Oliver Addition to the City of Bryan, Brazos County, Texas
(Volume 134, Page 526 of the Deed Records, Brazos County, Texas; Original
Sale Date September 4, 20.12
Lot 4, Block 6, Sunset Addition, Phase 2, City of Bryan, Brazos County, Texas
(Volume 412. Page 161 of the Official,Public Records, Brazos County, Texas);
Original Sale Date April 3, 2012
Lot 45, Block 7, Bryan's I. "' Addition, City of Bryan, Brazos County, Texas
(Volume 1540, Page 102); Original Sale.Date September.4, 2012
THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the
County of Brazos, Texas hereby, directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in
December, 2012 in.the manner prescribed by the Texas Rules of Civil Procedure -and TEX. PROP. TAX CODE §34.05 (c)
and. (d).
PASSED; AP OVED AND ADOPTED this the of October, 2012..
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County Judge - Dua Peters
Commis. ioror Precip6tP7 Lloyd Wassermann
iorurf Pre6nct.2 -Sammy Catalena
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Susan Combs Texas Comptroller of Public Accounts
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Required DocunleEl.tation of Eminent Domain Authority in. T xas
what action must be taken: Per Senate Bill 18 enacted by the 82nd Legislature, all public and private entities authorized to exercise the power
of eminent domain in Texas are required to submit a letter to the Comptroller of Public Accounts detailing their legal authority to exercise
this power.The letter must be sent by certified, return receipt mail not later than December 31, 2012. (Per the bill, the authority of an entity to
exercise the power of eminent domain expires on September 1, 2013, unless the letter has been submitted by the deadline.)
About this form: This form is designed to guide entities in submitting the required information on eminent domain authority. Once the fields have
been completed, the form can be printed and mailed via certified, return receipt to the address provided to meet the requirements of the bill.
BRAZOS COUNTY - -. - --
1. Full, legal name of entity*._ — _......_ ........._..__. _..— .---- ._......_.._._
2. Alternate name of emit d any):
300 E. 26th. Street - -
3. Primary address: Street or P.O. Box __. _ . _ - -- -. _- •_—__— - -- . - • - -- - - °- -
Bryan, Texas 77803
City, State, Tip Code
(979) 361 - 4101
4. Primary phone number (with area code): . ______ - __. __ ......_.... __.__ .....____.... _......__ .....
Duane
5. Entity contact: First name _ — ...__ ..._._ ....._..---- -- ••----- ._... — _.._ _..__..._.. -- _..
(979) 361 -4102
Phone number (with area code): __- ..- .._....__...._.._.. __......_._.......... .
Bethany
6. Alternate contact: First name •_ ..... .... .......___.....__._ ._..._.__..____.._..._...._..__ _........._ ___...__.._
(979) 3614101
Phone number (with area code): _— ......_.___.. ____._....- -.__ -- • •-
Peters
Last name
E -mail address: dPeters @Co.brazos.tx.us
Eckstrom
Last
beckstrom@co.brazos.tx.us
E-mail address: �.__— .___..---- --- -- -- -- _ --.. -- - - --
7. Does your entity have eminent domain authority In Texas? 1♦ t Yes L No
8. it yes" to question 7, please Identify all of the applicable provisions of state law that grant eminent domain authority to this entity. Please cite as Title of
Code or Article, Section Number /Name (for example, Texas Government Code, Section 43.136 or Article 7849, Auxiliary Water Laws).
F P
lease refer to the attached listing of applicable authority, incorporated herein.
L... _. __. _. _.. — .. —...._ . __.__- ...._.. _ ....._ . . _ . _ _. _... —._ .... .. ...
1842
9. Please indicate the first year in which this entity exercised eminent domain authority (it known): _ •_— _.._._.__— __.....__
DISCLAIMER: Chapter 2206, Subchapter C, Government Code (as added by Senate 88118, 82nd Regular Session) requires the Comptroller of Public Account to collect inlorma0on
and report to the Legislature all entitles in the stale of Texas that have the authority to exercise the pow that inent main. natbn acknowledge that h informa
thero C on p bili er
represent and warrant that the Information Is accurate and complete to the best of their knowledge•
to submit a letter by certified mail, return receipt requested to the Comptroller's office, indicating that the Entity is authorized to exercise eminent domain authority
and to Identify each law that grants such authority. The Entity further acknowledges that the Comptroller's office is not responsible to submit said later, nor is it responsible for
the Entity's failure to submit said letter as required by law, and that such failure may cause the entity's power of eminent domain to expire on September 1, 2013. The Entity also
acknowledges that the Comptroller of Public Accounts is a state agency subject to Chapter 552 of the Texas Govt Code (the 'Texas Pudic Information Acr) and court interpretations
thereof, and that the Information submitted to this office may be subject to disclosure to the public under Section 552.101, at seq., of the Code.
Under Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance with Ch. 552,
Government Code. To request information for review or to request error correcti contact us at the address on this form or sbIScompliance®cpa.state.tx.us.
By slgnl , a t th nlormation Is t Correct. Mail this form, via certified.inail to:" sign
ham _ -- Date )10 - COMPTROLLER OF,PUBLIC ACCOUNTS signature
P.O: Bwi't3s42 , 361 - 4102
Austin; Teicas 78711; ::::` Duane Peters Brazos Coun Ju ( 979 _
. - - - PAM Neme/110e _ --- - -. - -- -• Phone (aea code end number)
M
Moo
50 -802 • 10 -1112
Vov _/ D rig, /7
Powers of Eminent Domain for Texas Counties*
Can be found at: www.county.org; www.cuc.org; and www.cjcat.org
Note's
Texas Constitution
Article 1. Section 17
Property for public use.
No person's property shall be taken, damaged, or
destroyed for or applied to public use without
adequate compensation being made, unless by
the consent of such person, and only if the taking,
damage, or destruction is for the ownership, use,
and enjoyment of the property, notwithstanding an
incidental use, by the state, a political subdivision
of the state, or the public at large ....
Texas Constitution
Article 3. Section 521
Sale of real property.
A governmental entity may sell real property
acquired through eminent domain to the person
who owned the real property interest immediately
before the governmental entity acquired the
p ro p erty interest.
Government Code
Chapter 2206
Limitations of purpose and use of property
Limitations on use of eminent domain.
acquired through eminent domain.
Property Code
Chaoter 21
Eminent domain jurisdiction, procedure, damages
Procedural requirements for eminent domain.
and costs, judgment, and repurchase.
Agriculture Code
Section 167.059
Tick eradication dipping facilities.
Acquire necessary land for the construction or
maintenance of dipping facilities, dipping facilities
that have already been constructed, or land
necessary for ingress and egress to and from
those facilities (commissioners court).
Government Code
Section 1474.151
County water improvements and related irrigation
Acquire a necessary right -of -way or other land;
powers.
acquire any other improvement required for the
proper and efficient irrigation ofland in the county.
Government Code
Section 1475.002
Canal or waterway authorized by federal
Acquire right -of -way and necessary dumping
legislation.
privileges.
Government Code
Section 1475.052
Intracoastal canals.
Acquire public or private land, a right -cf -way, an
easement, or dumping round privileges.
Government Code
Section 1477.071
Adequate source of surface or subterranean fresh
Acquire real property and easements.
water for supplying water to the county's
courthouse or for other coun purposes.
Government Code
Section 1477.120.
Natural gas system for supplying natural gas to
Acquire land or an easement; may not acquire a
1477.121
county buildings adequately and dependably,
natural gas system or a facility of a natural gas
s ystem.
Government Code
Sections 2267.061.
Qualifying project, including any ferry, mass transit
Acquire qualifying project in the event of a material
2267.062, and
facility, vehicle parking facility, port facility, power
default by the contracting person; acquire any land
generation facility, fuel supply facility, oil or gas
or property interest to the extent that the
2267.063,
pipeline, water supply facility, public work, waste
responsible governmental entity dedicates the land
treatment facility, hospital, school, medical or
or property interest to public use and finds that the
nursing care facility, recreational facility, public
action serves the public purpose; relocation of
building, or other similar facility currently available
facilities affected by the qualifying project.
or to be made available to a governmental entity
for public use, or any improvements necessary or
desirable to unimproved real estate owned by a
governmental entity.
Health and Safety Code
Section 263.022
Hospital or medical or other health facility.
Acquire real property and easements to real
roe commissioners court).
Health and Safety Code
County Hospital Authorities.
Authority may acquire fee simple title to land, other
property, and easements under Chapter 21,
Section 264.028
Pro Derty Cod
Health and Safety Code
Section 265.052
Joint Municipal and County Hospitals.
Board may acquire fee simple title or other interest
in property pursuant to Chapter 21, Property Code.
Health and Safety Code
Section 281.054
Hospital Districts /Counties of at least 190,000.
Power to acquire interest in property located in the
district if necessary to exercise authority of district
Health and Safety Code
Section 282.046
Hospital Districts in Counties of 75,000 or less.
May exercise the power for the acquisition of
property necessary to carry out powers and duties
of district.
Health and Safety Code
Section 364.014
Solid waste disposal systems (plant, composting
Acquire property or an interest in property; may not
process plant, incinerator, sanitary landfill, or other
acquire real property 9 that power conflicts with a
works and equipment that are acquired, installed,
corporation's power of eminent domain as
or operated to collect, handle, store, treat,
provided by law.
neutralize, stabilize, or dispose of solid waste, and
includes the sites).
Human Resources Code
Section 63.017
Residential facility for the placement of juveniles
Acquire real property for the purpose of locating a
formed by a single county.
facility on such property (commissioners court).
Human Resources Code
Section 63.018
Residential facility for the placement of juveniles
Acquire real property (commissioners courts of the
created by two or more counties.
forming counties).
Local Government Code
Section 241.903
Airport hazards.
Acquire an air right, aviation easement, or other
estate or interest in property or in a nonconforming
structure or use (municipality or county).
Local Government Code
Section 261.001
Construction of a jail, courthouse, hospital, or
Condemn and acquire land, an easement in land,
library, or for another public use authorized by law.
or a righ"f- -way. Right extends to public or private
land, but not to land used for cemetery purposes.
Local Government Code
Section 263.201
To carry out an act of the US Congress in aid of
Acquire and, on request, convey to the United
navigation, irrigation, flood control, or improvement
States, with or without monetary consideration,
of water courses and to accomplish a purpose
land or an interest in land (commissioners court of
specified by Section 2204.101, Government Code.
county that has a part of its boundary coincident
with a part of the international boundary between
the United States and Mexico, or that is contiguous
to such a county).
Local Government Code
Section 273.001 (a)
Acquisition of property for public purposes.
Acquire property jointly with municipality or other
g overnmental en
Local Government Code
Section 273.002
Land for the use of local governments.
Condemnation shall be in accordance with state
law relating to Chapter 21, Property Code. Or other
state law relating to condemnation of land for
public uses by municipality.
Local Government Code
Section 273.003
Necessary alterations for use by local
Any alteration necessary shall be made at the sole
governments.
expense of the municipality or other governmental
entity.
Local Government Code
Section 280.001
Land for the use of the US government.
Acquire land separately or jointly with a
municipality for the us of the US government
Local Government Code
Section 280.003
Hospital purposes.
County may issue bonds and use the proceeds
from the sale of the bonds to acquire property
through condemnation.
Local Government Code
Section 293.026
County Building Authority Act
Authorizes acquiring property through eminent
domain.
Local Government Code
Section 325.037
Sports facility purposes.
District may acquire land for a sports facility if
board determines, after notice and hearing, that it
is necessary.
Local Government Code
Sections 331.001 and
Public parks, playgrounds, or historical museums.
Acquire land and /or buildings to be used for public
331.003
Land on which are located historic buildings, sites,
parks, playgrounds or historical museums.
or landmarks of statewide historical significance
associated with historic events or personalities;
prehistoric ruins, burial grounds, or archaeological
or vertebrate paleontological sites; or sites
including fossilized footprints, inscriptions made by
human agency, or any other archaeological,
paleontological, or historic buildings, markers,
monuments, or historical features.
Local Government Code
Section33S.071
Sports and Community Venue Districts.
May perform any act to the full exercise of the
district's powers.
Local Government Code
Section 351.136
Acquisition of property for county jails and law
District may acquire property necessary to
enforcement
construct or improve jail facility; lease property on
terms advantageous to district acquire land for jail
facility by condemnation under Chapter 21,
Property Code; make necessary alteration at
district's sole expense.
Local Government Code
Section 383.063
County development districts.
May exercise the power to acquire land for the
Ip urpose
of providing water and sewer services.
Page 2 of 4 7
Local Government Code
Section 392.061
Housing authorities (municipalities and counties)
May acquire interest by eminent domain after
adopting a resolution and declaring the acquisition
necessary.
Local Government Code
Section 507.103
Spaceport development corporations
may exercise the power of eminent domain to
acquire Prope
Local Government Code
Section 561.001
Canals, drains,.levees, and other improvements to
Acquire public or private real property, including
provide for flood control and water outlets.
easements and rights -of -way.
Local Govemment.Code
Section 562.016
Water or sewer utility system to serve an
Acquire any interest in property necessary to
unincorporated area of the county.
operate a water of utility system.
Local Government Code
Section 571.004
Seawall, breakwater, levee,.floodway, or drainway.
Acquire property. that is necessary for the
establishment, construction, and maintenance
(county or municipality that borders the Gulf of
Mexico).
Local Government Code
Section 572.012 and .
Facility necessary or incidental to the collection,
Acquire land, easements, and property for a facility
572.013
transportation, treatment, or disposal of sewage or
(county, municipality, or district or authority); may
to the conservation, storage, transportation,
not use eminent domain authority to acquire an
treatment, or distribution of water.
interest in a facility that belongs to another public
entity or a private entity.
Natural Resources Code
Section 183.057
Protected Land; Notice of Taking (Conservation
Texas- Farm and Ranch lands conservation
Easements
program.
Natural Resources Code
Section 221.021a
Wetland mitigation bank or buffer zone.
Acquire' property inside or outside the eligible
political subdivision (state agency or eligible
political subdivision); power of eminent domain,
granted by this section does not enable a state.
agency or eligible political subdivision to acquire by
condemnation an interest in land that is owned or
used by a public utility.
Tax Code
Section 311.008
Special Property Tax Provisions: Tax Increment.
Acquire blighted, deteriorated, undeveloped or
Financing Act.
inappropriately developed property for the
preservation or restoration of historic sites, for
beautification, or the provision of p ublic works.
Transportation Code
Section 22.011
Airport or air navigation facility.
Acquire an interest in property, including an
easement; in an airport hazard or land outside the
boundaries of an airport or airport site (county or
municipality). With specified consent, may acquire
an existing airport or air navigation facility.
Transportation Code
Section 172.159
Rural Rail Transportation Districts Powers and
Suit in eminent domain must be brought in the
Dutie&
county in which land . is located.
Transportation Code
Section 173.160
Intemtunicipal Commuter Rail Districts Powers and
Suit in eminent domain must be brought in the
Duties.
county in which land is'located.
Transportation Code
Section 174.159
Commuter Rail Districts Powers and Duties.
Suit in eminent domain must be brought in the
county in which land is located.
Transportation Code
Section 203.065
Modernization of State Highways.
Acquire property necessary to lay out, construct,
maintain, or operate a section of a state highway
as a freeway.
Transportation Code
Section 224.602
Highway right -of -way.
Acquire highway right- of-way requested by
_
department (county or municipality).
Transportation Code
State highway.
Acquire real property,. including a right -of -way, or
Section 224.003
material com missioners court).
Transportation Code
Section. 251.006
_
Obtaining Material for Public Road.
Acquire material necessary to construct, repair, or
maintain public roads if the owner of the material
rejects the price that the court determines to be a.
fair price (commissioners court).
Transportation Code
Section 251.051
Public roads.
Authority to order that public roads be laid out
opened, discontinued; closed,: abandoned,
vacated, or altered commissioners court).
Transportation Code
Section 251.101
Road that forms or will form a connecting link in
Acquire real property; a right -of -way, or an
the county road system or in a• state highway.
easement in public or private real property in a
municipality.
Transportation Code.
Section 254.005
Streambed diversion and drainage channels for
Acquire any new or wider right -of -way not wider
county roads.
than 100 feet commissioners court).
Transportation Code
Section 280.001
Streets in an. unincorporated community near
Condemn railroad roadbed on the petition of at
railroad roadbeds.
least 20 freeholders of'on unincorporated
community commissioners court).
Transportation Code 1520on
281.002
Private road.
Acquire a public interest
Page 3 of 4
Transportation Code
Section 282.011
Underpass, tunnel, or approach.
Condemn right - of-way or easement In real property
(counties with population of 350,000 or more).
Transportation Code
Section 283.003 and
Causeway, bridge, or tunnel, including a necessary
Acquire a project, condemn property (county that
283.101
approach, fixture, accessory, or equipment.
borders on the Gulf of Mexico and has a
p opulation of at least 20,000 ).
Transportation Code
Section 284.003.
Causeway, bridge, tunnel, turnpike, highway, ferry,
Acquire projects and property (county that has a
284.061. 284.066 and
or any combination of those facilities.
population of 50,000 or more and borders the Gulf
of Mexico or a bay or inlet opening into the gulf;
284.067
has a population of two million or more; is adjacent
to a county that has a population of two million or
more; or borders the United Mexican States.
Transportation Code
Section 364.022
Property to own, hold, control, maintain, and
Acquire property (county bordering the Rio
operate the toll bridge and to make or provide for
Grande and that acquires a toll bridge under
re
an airs or improv ements to the bridge.
Section 364.001).
Transportation Code
Section 457.106
County Mass Transit Authority.
Exercise of eminent domain power is subject to the
eminent domain power of the local government in
which pro is located.
Transportation Code
Section 460.107
County Mass Transit Authority.
Exercise of eminent domain power is subject to the
eminent domain power of the local government in
which pro is located.
Utilities Code
Section 163.013
Joint Powers Agencies.
General rights, powers and duties of entities
Utilities Code
Section 163.014
Electric facility jointly owned by public and private
Acquire land, easements, and property (agency or
entities.
political subdivision of this state).
Vernon's Civil Statutes
Title 116. Article
Lay out and construct any road or highway in or
Condemn such land and condemn land for right of
6812b. Sec. 13
through the county or any part thereof.
way (counties having a population of 198,000 to
Constructing, building, opening, widening,
400,000).
straightening, draining, grading, Improving,
repairing or maintaining any public road or
highway.
Water Code
Section 11.033
Water necessary for domestic, municipal, and
Right to take and right to recover (all political
manufacturing uses and for other purposes
subdivisions of the state).
authorized by this code, including the irrigation of
land for all requirements of agricultural
employment.
Water Code
Section 49.066
General Law Districts - Administrative Provisions
Deposit requirement in eminent domain
p roceeding.
Water Code
Section 49.222
General Law Districts - Powers and Duties.
May acquire land necessary for water, sanitary
sewer, storm drainage, or flood drainage for
projects or purposes; exercise in manner provided
in Chapter 21, Property Code; power may not be
used for condemnation of land for purpose of
acquiring rights to underground water or water
rights.
Water Code ISection
49.224 lGeneral
Law Districts - Powers and Duties.
Power to Condemn Cemeteries.
Water Code laction
57.269 I
Levee Improvement Districts.
Condemn land necessary for right -of -way.
Page 4 of 4
Vol
9
i
SECTION 2206.101, GOVERNMENT CODE, as added by SB 18
§ 2206.101. REPORT OF EMINENT DOMAIN AUTHORITY: EXPIRATION OF AUTHORITY. (a) This
section does -not apply to an entity that was created or that acquired the power of eminent domain on or
after December 3`1, 2012.
(b) Not later than December 31, 2012, an entity, including a private entity. authorized by the state by a
cieneral or special law to exercise the power of eminent domain shall submit to the comptroller a letter
stating that the entity is authorized by the state to exercise the power of eminent domain and identifying
each provision of law that Qrants the entity that authority. The entity must send the letter by certified mail.
return receipt requested.
(c) The authority of an entity to exercise the power of eminent domain expires on September 1. 2013,
unless the entity submits a letter in accordance with Subsection (b).
(d) Not later than March •1 the comptroller shall submit to the governor.. the lieutenant governor,
the speaker of the house of representatives. the presiding officers of the appropriate standing committees
that submitted a letter.
CONSTITUTIONAL PROVISIONS GRANTING EMINENT DOMAIN AUTHORITY TO COUNTIES AND
RELATED ENTITIES
THE TEXAS CONSTITUTION
ARTICLE 1. BILL OF RIGHTS
§ 17. TAKING, DAMAGING OR' DESTROYING PROPERTY FOR PUBLIC USE; SPECIAL
PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. (a) No person's
property shall. be taken, damaged, or destroyed for or applied to public use without adequate
compensation being made, unless by the consent of such person, and only if the taking, damage, or
destruction is for:
(1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by:
(A) the State, a political subdivision of the State, or the public at large; or
(B) an entity granted the power of eminent domain under law; or
(2) the elimination of urban blight on a particular parcel of property.
(b) In this section, "public use" does not include the taking of property under Subsection (a) of this
section for transfer,to a ,private entity for the. primary purpose of economic development or enhancement
of tax revenues.
(c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the
power of eminent, domain to an entity only on a two- thirds vote of all the members elected to each house.
(d) When a person's property is taken under Subsection (a) of this section, except for the use of the
State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of
money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but
all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to
the control thereof.
ARTICLE 3. LEGISLATIVE DEPARTMENT
Sec. 52j. SALE OF REAL PROPERTY ACQUIRED THROUGH EMINENT DOMAIN. A governmental
entity may sell real property acquired through eminent domain to the person who owned , the real property
interest immediately before the governmental entity acquired the. property interest, or to the person's
heirs, successors,. or assigns, at the price the.entity paid at the time of acquisition if:
. v i
l.p
canceled; (1) the public use for which the property was acquired through eminent domain is
or (2) no actual progress is made toward the public use during a prescribed period of time;
(3) the property is unnecessary for the public use.
(Added Nov. 6, 2007.)
STATUTES PROVIDING COUNTIES AND RELATED ENTITIES EMINENT DOMAIN AUTHORITY
AGRICULTURE CODE
TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS
SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS
CHAPTER 167. TICK ERADICATION
§ 167.059. DIPPING FACILITIES (a) The commissioners court of each county, including a county in the
free area, in all or part of which the commission conducts tick eradication shall cooperate with the
commission and shall furnish facilities necessary to the dipping of livestock in that county. The
commissioners court shall furnish dipping vats, pens, chutes, and other necessary facilities in the number,
at the locations, and of the type specified,by the commission. In addition, the county, at its expense, shall
maintain the facilities and repair or remodel them as necessary, shall provide the water for filling the vats,
and shall clean and refill the vats as necessary.
(b) For the purpose of constructing, purchasing, or leasing dipping facilities, and for the purpose of
providing necessary land, labor, or materials, a commissioners court may appropriate money out of the
general fund of the county or may incur indebtedness by the issuance of warrants. A warrant issued may
not draw interest at a rate of more than six percent per year and may not have a term of more than 20
years. The commissioners court may levy taxes to pay interest on warrants and may establish a sinking
fund for the payment of warrants.
(c) For the purpose of acquiring necessary land for the construction or maintenance of dipping facilities,
for the purpose of acquiring dipping facilities that have already been constructed, or for the purpose of
acquiring land necessary for ingress and egress to and from those facilities, a commissioners court has
the power of eminent domain. The commissioners court shall exercise the power of eminent domain in
the manner provided by law for acquiring land for the building and maintenance of public buildings, except
that the court shall institute and prosecute condemnation proceedings on written request from the
presiding officer of the commission. The request from the commission shall designate:
(1) the land to be condemned and its location;
(2) the name of the owner of the land to be condemned; and
(3) the easement to be acquired for ingress and egress.
(d) In acquiring land or facilities by eminent domain, the commissioners court may retain the property for
permanent use by making appropriate compensation or may acquire the property for temporary use by
making proper compensation for the period of time determined necessary by the commissioners court.
e
GOVERNMENT
TITLE 9. PUBLIC SECURITIES
SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES
CHAPTER 1474. BONDS FOR COUNTY WATER IMPROVEMENTS
§ 1474.151. COUNTY POWERS
A county acting under this chapter may:
(1) own or construct a reservoir; dam, levee, well, canal, or other improvement;
(2) acquire a necessary right -of -way 6r'-other land by purchase or by condemnation in the manner
provided by Chapter 21, Property Code; or
(3) perform any other work or construct or acquire any other improvement required for the proper and
efficient irrigation of land in the county.
GOVERNMENT CODE -
TITLE 9. PUBLIC SECURITIES
SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES
CHAPTER 1475. COUNTY BONDS AND WARRANTS FOR NAVIGATION PURPOSES
SUBCHAPTER A. RIGHT-OF-WAY FOR FEDERAL NAVIGATION PROJECTS
§ 1475.002. AUTHORITY TO ACQUIRE RIGHT -OF -WAY AND DUMPING PRIVILEGES
(a) For the purpose of navigation or to aid in navigation, a county may, in accordance with Section
1475.003, acquire right -of -way and necessary dumping privileges for a canal or waterway the
construction of which is authorized by federal legislation.
(b) The county may:
(1) acquire the right -of -way and necessary dumping privileges by purchase, through donation, or by
exercising. the county's power of eminent domain; and
(2) convey the right -of -way and dumping privileges to the United States by a deed executed in the
manner that other deeds by a county must be executed'.
(c) In lieu of exercising its power of eminent domain, the county may:
(1) allow the United States to the right -of -way and necessary dumping privileges through the
United States' power of eminent domain; and
(2) lend the county's credit by guaranteeing the United States that the county will pay the resulting
judgment or assessment of damages for the value of the condemned property.
GOVERNMENT CODE
TITLE 9. PUBLIC SECURITIES
SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES
CHAPTER 1475., COUNTY BONDS AND WARRANTS FOR NAVIGATION PURPOSES
SUBCHAPTER R. PROPERTY FOR INTRACOASTAL CANAL PURPOSES
§ 1475.052. AUTHORITY TO ACQUIRE LAND AND CERTAIN INTERESTS IN LAND FOR CANAL
PURPOSES
(a) If the acquisition is necessary for the construction of an intracoastal canal, a county may, by purchase
or by exercising the county's power of eminent domain, acquire public or private land, a right -of -way, an
easement, or dumping ground privileges.
(b) The county must exercise the power of eminent domain in the manner provided by Chapter 21,
Property Code. A county may not condemn land under Subsection (a) if the land is used for cemetery
purposes.
a �
GOVERNMENT CODE
TITLE 9. PUBLIC SECURITIES
SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES CHAPTER 1477.
OBLIGATIONS FOR OTHER COUNTY PURPOSES
SUBCHAPTER B. BONDS FOR WATER SUPPLY FOR COUNTY PURPOSES
§ 1477.071. EMINENT DOMAIN
(a) In exercising any power granted by this subchapter, a county may acquire real property and
easements by the exercise of the power of eminent domain in accordance with Chapter 21, Property
Code.
(b) The commissioners court shall determine the amount and character of interest in real property and
easements to be acquired by the exercise of the power of eminent domain.
GOVERNMENT CODE
TITLE 9. PUBLIC SECURITIES
SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES CHAPTER 1477.
OBLIGATIONS FOR OTHER COUNTY PURPOSES
SUBCHAPTER C. NATURAL GAS SYSTEM FOR COUNTY BUILDINGS IN CERTAIN COUNTIES
§ 1477.120. EMINENT DOMAIN
(a) The county may not acquire a natural gas system or a facility of a natural gas system under this
subchapter by the exercise of the power of eminent domain or exercise the power of eminent domain
under this subchapter outside the county's boundaries. The county may acquire land or an easement for
a purpose authorized by this subchapter by the exercise of the power of eminent domain in the manner
provided by Chapter 21, Property Code.
(b) The commissioners court shall determine the amount of and character of interest in the land or
easement to be acquired by the exercise of the power of eminent domain.
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE E. GOVERNMENT PROPERTY
CHAPTER 2206. EMINENT DOMAIN
SUBCHAPTER A. LIMITATIONS ON PURPOSE AND USE OF PROPERTY ACQUIRED THROUGH
EMINENT DOMAIN
Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES OR ECONOMIC
DEVELOPMENT PURPOSES.
(a) This section applies to the use of eminent domain under the laws of this state, including a
local or special law, by any governmental or private entity, including:
(1) a state agency, including an institution of higher education as defined by Section
61.003, Education Code;
(2) a political subdivision of this state; or
(3) a corporation created by a governmental entity to act on behalf of the entity.
(b) A governmental or private entity may not take private property through the use of eminent
domain if the taking:
(1) confers a private benefit on a particular private party through the use of the property;
private party; (2) is for a public use that is merely a pretext to confer a private benefit on a. particular
(3) is for economic development purposes, unless the economic development is a
secondary purpose resulting from municipal community development• or municipal urban renewal
activities to eliminate an existing. affirmative harm on society from slum or blighted areas, under:
(A). Chapter 373 or 374, Local Government Code,, other than an activity
described by Section 373.002(b)(5), Local Government Code; or
(B) Section 311.005(a)(1)(1), Tax Code; or
(4) is not for a public use.
(b =1) Subsection (b)(3) does not prohibit the taking of private property through the use of eminent
domain for economic development purposes if the economic development is .a secondary purpose
resulting from the elimination of urban blight under Subchapter 1, Chapter 214, Local Government Code.
This subsection expires December 31, 2016.
(c) This section does not affect the authority of an entity authorized by law to take private
property through the use of eminent domain for:
(1) transportation projects, including, but not limited to, railroads, airports, or public roads
or highways;
(2) entities authorized under Section 59, Article XVI, Texas Constitution, including:
(A) port authorities;
(B) navigation districts; and
(C) any other conservation or reclamation districts that act as ports;
(3) water supply,. wastewater, flood control, and drainage projects;
(4) public buildings, hospitals, and parks;
(5) the provision of utility services;'
(6) a sports and. community venue project approved by voters at an election held on or
before December 1, 2005, under Chapter 334 or 335, Local Government Code;
(7) the operations of:
(A) a common carrier pipeline; or
(B) ''an energy .transporter, as that term is defined by Section 186.051, Utilities
Code;
(8) a purpose authorized by Chapter 181, Utilities. Code;
(9) underground storage operations subject to Chapter 91, Natural Resources Code;
(10) a waste disposal project; or
(11) a library, museum, or related facility and any infrastructure related to the facility.
(d) This section does not affect the authority of a governmental entity to condemn a leasehold
estate on property owned by the governmental entity.
a
(e) The determination by the governmental or private entity proposing to take the property that
the taking does not involve an act or circumstance prohibited by Subsection (b) does not create a
presumption with respect to whether the taking involves that act or circumstance.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 1, Sec. 1, eff. November 18, 2005.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 693, Sec. 1, eff. September 1, 2011.
Sec. 2206.002. LIMITATIONS ON EASEMENTS. (a) This section applies only to an easement acquired
by an entity for the purpose of a pipeline to be used for oil or gas exploration or production activities.
(b) A property owner whose property is acquired through the use of eminent domain under
Chapter 21, Property Code, for the purpose of creating an easement through that owner's property may
construct streets or roads, including gravel, asphalt, or concrete streets or roads, at any locations above
the easement that the property owner chooses.
(c) The portion of a street or road constructed under this section that is within the area covered
by the easement:
(1) must cross the easement at or near 90 degrees; and
(2) may not:
(A) exceed 40 feet in width;
(B) cause a violation of any applicable pipeline regulation; or
(C) interfere with the operation and maintenance of any pipeline.
(d) At least 30 days before the date on which construction of an asphalt or concrete street or
road that will be located wholly or partly in an area covered by an easement used for a pipeline is
scheduled to begin, the property owner must submit plans for the proposed construction to the owner of
the easement.
(e) Notwithstanding the provisions of this section, a property owner and the owner of the
easement may agree to terms other than those stated in Subsection (c).
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 2, eff. September 1, 2011.
SUBCHAPTER B. PROCEDURES REQUIRED TO INITIATE
EMINENT DOMAIN PROCEEDINGS
Sec. 2206.051. SHORT TITLE. This subchapter may be cited as the Truth in Condemnation Procedures
Act.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 2, eff. September 1, 2011.
Sec. 2206.052. APPLICABILITY. The procedures in this subchapter apply only to the use of eminent
domain under the laws of this state by a governmental entity.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 2, eff. September 1, 2011.
Sec. 2206.053. VOTE ON USE OF EMINENT DOMAIN.
(a) Before a governmental entity initiates a condemnation• proceeding by filing a petition under
Section21.012, Property Code, the governmental entity must:
(1) authorize the initiation of the condemnation proceeding at a public meeting by a
record vote; and
(2) include :in the notice for the public meeting as required by 'Subchapter C, .Chapter
551, in addition to other information as required by that subchapter, the consideration of the use of
eminent domain to condemn. property as an agenda item.
(b) A. single ordinance, resolution, or order may be adopted for all units of property to be
condemned if:
(1) the motion required by Subsection (e) indicates that the first record vote applies to all
units of property to be condemned; and
units. (2) the minutes of the governmental entity reflect that the first vote applies to all of those
(c) If more than one member of the governing body objects to adopting a, single ordinance,
resolution, or order by a record vote for all units of property for which condemnation proceeding_ s are to
be initiated, a separate record. vote must be taken for each unit of property.
.(d) For the purposes of Subsections (a) and (c), if two or more units of real property are owned
by the same person, the governmental entity may treat those units of. property as one unit of property.
(e) The motion to adopt an ordinance, resolution, or order authorizing the initiation of
condemnation proceedings under Chapter 21, Property Code„ must be made in a form substantially
similar to the following: "I move that the (name of governmental entity) authorize the use of the power of
eminent domain to acquire (describe the property) for (describe the public use)." The description of the
property required by this subsection-'is sufficient if the description of the location of and interest in the
property that the governmental entity seeks to acquire is substantially similar to the description that is or
could properly be used in ,a petition to condemn the property under Section 21.0.12, Property Code.
(f) If a project for a public use described by Section 2206.001(c)(3) will require a governmental
entity to acquire multiple tracts or units of property to construct facilities connecting one location to
another location, the governing body of the governmental entity may adopt a single ordinance, resolution,
or order by a record vote that delegates the authority to initiate condemnation proceedings to the chief
administrative official of the governmental entity.
(g) An ordinance, resolution, or order adopted under Subsection (f) is not required to identify
speck properties that the governmental entity will acquire. The ordinance, resolution, or order must
identify the general area to be covered by the project or the general route that will be used by the
governmental entity for the project in a way that provides property owners in and around the area or along
the route reasonable notice that the owners' properties may be subject to condemnation proceedings
during the planning or construction of the project.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 2, eff. September 1,, 2011.
SUBCHAPTER C. EXPIRATION OF CERTAIN EMINENT DOMAIN AUTHORITY
Sec. 2206.101. REPORT OF EMINENT DOMAIN AUTHORITY; EXPIRATION OF AUTHORITY.
(a) This section does not apply to an entity that was created or that acquired the power of
eminent domain on or after December 31, 2012.
(b) Not later than December 31, 2012, an entity, Including a private entity, authorized by the state
by a general or special law to exercise the power of eminent domain shall submit to the comptroller a
letter stating that the entity is authorized by the state to exercise the power of eminent domain and
identifying each provision of law that grants the entity that authority. The entity must send the letter by
certified mail, return receipt requested.
(c) The authority of an entity to exercise the power of eminent domain expires on September 1,
2013, unless the entity submits a letter in accordance with Subsection (b).
(d) Not later than March 1, 2013, the comptroller shall submit to the governor, the lieutenant
governor, the speaker of the house of representatives, the presiding officers of the appropriate standing
committees of the senate and the house of representatives, and the Texas Legislative Council a report
that contains:
(1) the name of each entity that submitted a letter in accordance with this section; and
(2) a corresponding list of the provisions granting eminent domain authority as identified
by each entity that submitted a letter.
(e) The Texas Legislative Council shall prepare for consideration by the 84th Legislature,
Regular Session, a nonsubstantive revision of the statutes of this state as necessary to reflect the state of
the law after the expiration of an entity's eminent domain authority effective under Subsection (c).
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 2, eff. September 1, 2011.
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
SUBCHAPTER B. QUALIFYING PROJECTS
§ 2267.061. MATERIAL DEFAULT; REMEDIES
(a) If the contracting person commits a material default, the responsible governmental entity may assume
the responsibilities and duties of the contracting person of the qualifying project. If the responsible
governmental entity assumes the responsibilities and duties of the contracting person, the responsible
governmental entity has all the rights, title, and interest in the qualifying project, subject to any liens on
revenue previously granted by the contracting person to any person providing financing for the project.
(b) A responsible governmental entity that has the power of eminent domain under state law may
exercise that power to acquire the qualifying project in the event of a material default by the co g person to
ntracting
person. Any person who has provided financing for the qualifying project, and the contractin
the extent of its capital investment, may participate in the eminent domain proceedings with the standing
of a property owner.
(c) The responsible governmental entity may terminate, with cause, any applicable interim or
comprehensive agreement and exercise any other rights and remedies available to the governmental
entity at law or in equity.
(d) The responsible governmental entity may make any appropriate claim under the letters of credit or
other security or the performance and payment bonds required by Section 2267.058(a)(1).
(e) If the responsible governmental entity elects to assume the responsibilities and duties for a qualifying
project under Subsection (a), the responsible governmental entity may:
VOi
(1) develop or operate the qualifying project;
(2) impose user fees;
(3) impose and collect lease payments for the use of the project; and.
(4) comply with any applicable contract to provide services.
(f) The responsible governmental'entity shall collect and pay to secured, parties any revenue subject to a
lien to the extent necessary to satisfy the contracting person's obligations to secured parties, including the
niaintenance of reserves. The liens shall be correspondingly reduced and, when paid off, released.
(g) Before any payment is made to or for the benefit of a secured party, the responsible governmental
entity may use revenue to pay the current operation. and maintenance costs of the qualifying project,
including compensation to the responsible governmental entity for its services in operating and
maintaining the qualifying project. The right to receive any payment is considered just compensation for
the qualifying project.
(h) The full faith and credit of the responsible governmental entity may not be pledged to secure any
financing of the contracting person that was assumed by the governmental entity when the governmental
entity assumed responsibility for the qualifying project.
§ 2267.062. EMINENT DOMAIN
(a) At the request of the contracting person, the responsible governmental entity may exercise any power
of eminent domain that it has under law to acquire any land or property interest to the extent that the
responsible governmental entity dedicates the land or property interest to public. use and finds that the
action serves the public purpose of this chapter.
(b) Any amounts to be paid in any eminent domain proceeding shall be paid by the contracting person.
§ 2267.063. AFFECTED FACILITY OWNER
(a) The contracting person and each facility owner, including a public utility„ a public service company, or
a cable television provider, whose facilities will be affected by a qualifying project shall cooperate fully in
planning and arranging the manner in which the facilities will be affected.
(b) The contracting person and responsible governmental entity shall ensure that a facility owner whose
facility will be affected by a qualifying project does not suffer a disruption of service as a result of the
construction or improvement of the qualifying project.
(c) A governmental entity possessing the power of eminent domain may exercise that power in
connection with the relocation of facilities affected by the qualifying project or facilities that must be
relocated to the extent that the relocation is necessary or desirable by construction of, renovation to, or
improvements to the qualifying project, which includes construction of, renovation to, or improvements to
temporary facilities to provide service during the period of construction or improvement. The
governmental entity shall exercise its power of eminent domain to the extent required to ensure an
affected facility owner does not suffer a disruption of service as a result of the construction or
improvement of the qualifying project during the construction or improvement or after the qualifying
project is completed or improved.
(d) The contracting person shall pay any amount owed for the crossing, constructing , or relocating of
facilities.
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE C. LOCAL HOSPITALS
CHAPTER 263. COUNTY HOSPITALS AND OTHER HEALTH FACILITIES
SUBCHAPTER B. ESTABLISHING, ENLARGING, SELLING, AND CLOSING COUNTY HOSPITALS
§ 263.022. POWERS AND DUTIES OF COMMISSIONERS COURT AFTER PASSAGE OF BOND
PROPOSITION
A V d
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(a) If a bond proposition under Section 263.021 is approved by a majority of the qualified voters voting at
the election, the commissioners court of the county shall establish or enlarge a hospital or medical or
other health facility as provided in the proposition and maintain the hospital or facility.
(b) In establishing, enlarging, or maintaining a hospital or facility, the commissioners court may;
(1) purchase or lease real or personal property or acquire real property and easements to real
property by condemnation;
(2) purchase or construct any necessary buildings;
(3) make necessary improvements, repairs, and alterations to an existing building;
(4) impose property taxes in the county for all necessary expenditures related to the hospital or
facility, Including maintenance expenses;
(5) issue county bonds to provide funds to establish, enlarge, and equip the hospital or facility
or make any necessary permanent improvements in connection with the hospital or facility; and
(6) accept and hold a grant or devise of land or a gift or bequest of money or personal property
in trust for the county and apply the principal or income, or both, for the benefit of the hospital or facility
and in accordance with the terms of the gift.
(c) Subject to this chapter, the commissioners court may purchase or lease real or personal property, or
both, in an adjacent county if the court considers the purchase or lease necessary for hospital purposes.
The commissioners court may not acquire real property in an adjacent county by condemnation.
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE C. LOCAL HOSPITALS
CHAPTER 264. COUNTY HOSPITAL AUTHORITIES
SUBCHAPTER C. POWERS AND DUTIES
§ 264.028. EMINENT DOMAIN
(a) To carry out a power granted by this chapter, the authority may acquire the fee simple title to land,
other property, and easements by condemnation under Chapter 21, Property Code.
(b) The authority is considered to be a municipal corporation for the purposes of Section 21.021(c),
Property Code.
(c) The board shall determine the amount and character of the interest in land, other property, and
easements to be acquired under this section.
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE C. LOCAL HOSPITALS
CHAPTER 265. JOINT MUNICIPAL AND COUNTY HOSPITALS
SUBCHAPTER D. JOINT COUNTY- MUNICIPAL HOSPITAL BOARDS
§ 265.052. EMINENT DOMAIN
(a) The hospital board may acquire the fee simple title to or any other interest in land and other property
by condemnation under Chapter 21, Property Code, to carry out any power, duty, or function under this
subchapter.
(b) The board has the same rights as a county or municipality under Section 21.021, Property Code.
(c) The board shall determine the amount and character of the interest in land or other property to be
acquired under this section.
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE D. HOSPITAL DISTRICTS
CHAPTER 281. HOSPITAL DISTRICTS IN COUNTIES' OF.AT LEAST 190,000
SUBCHAPTER C. GENERAL POWERS AND DUTIES
§ 281.054. EMINENT DOMAIN
(a) The district has the power of eminent domain to acquire any interest in real, personal, or mixed
property located in the district if the property interest is necessary or convenient for the exercise of the
rights or authority conferred on the district by this chapter.
(b) The district must exercise the power of eminent domain in the manner provided by Chapter 21,
Property Code, but the district is not required to deposit with the trial court money or a bond as provided
by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district, the, district is not required to:
(1) pay in advance or give bond or other security for costs in the trial court;
(2) give bond for the issuance of a temporary restraining order or a temporary injunction; or
(3) give bond for costs or supersedeas on an appeal or writ of error.
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE D. HOSPITAL DISTRICTS
CHAPTER 282.'HOSPITAL DISTRICTS IN COUNTIES OF 75,000 OR LESS
SUBCHAPTER C. GENERAL POWERS AND DUTIES
§ 282.046. EMINENT DOMAIN
(a) On a resolution by the board, the district may exercise the, power of eminent domain for the acquisition
of property necessary to carry out the powers and duties of the district, including preventing damage to
district property, property rights, equipment, hospital facilities and systems, and property adjacent to
district property.
(b) The district must exercise the - .power of eminent domain in the manner provided.by Chapter 21,
Property Code, for the exercise of that power by a municipality.
(c) The district may not exercise the power of eminent domain against:
(1) a hospital, clinic, or sanatorium operated as a charitable, nonprofit establishment or operated
by religious organization; or
(2) a privately owned or operated hospital or clinic, whether or not incorporated.
�. M
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER
CHAPTER 364. COUNTY SOLID WASTE
SUBCHAPTER B. COUNTY SOLID WASTE MANAGEMENT
§ 364.014. ACQUISITION OF PROPERTY
(a) A county may acquire by purchase, lease, gift, condemnation, or any other manner and may own,
maintain, use, and operate property or an interest in property necessary or convenient to the exercise of
the powers and purposes provided by this chapter.
(b) The power of eminent domain is restricted to the county and may be exercised in the manner provided
by law.
(c) A county may not exercise the power of eminent domain to acquire real property under this section if
that power conflicts with a corporation's power of eminent domain as provided by law.
HUMAN RESOURCES CODE
TITLE 3. FACILITIES AND SERVICES FOR CHILDREN
SUBTITLE A. FACILITIES FOR CHILDREN
CHAPTER 63. RESIDENTIAL FACILITIES FOR CERTAIN DELINQUENT CHILDREN
§ 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL PROPERTY; RULES FOR
ADMISSION; RATES CHARGED.
(a) In the instance of a facility formed by a single county, the commissioners court of the creating county
may acquire, through gift, purchase, condemnation, or any other method, real property for the purpose of
locating a facility on such property. Such property may be acquired outside of the boundaries of the
creating county if, in the opinion of the commissioners court of the forming county, there will exist a
demand for the services to be provided by the facility in the county in which the facility is to be located in
addition to any need which may already exist within the boundaries of the creating county.
(b) The board of trustees for a facility created by a single county shall establish rules and regulations for
the admission of juveniles into the facility from other than the forming county. Such rules may allow that
the forming county shall have priority in the placement of its juveniles into the facility. The board may
establish a rate of charges to be paid by the county of origin of the juvenile being placed into the facility,
and such rates may be reduced for those juveniles being admitted from the county which created the
facility.
§ 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION OF REAL PROPERTY; RULES
FOR ADMISSION; RATES CHARGED.
(a) In the instance of a facility being created by two or more counties, the commissioners courts of the
forming counties may acquire, by gift, purchase, condemnation, or other means, real property for the
purpose of locating the facility on such property. The method of acquisition and the amount of cost
sharing between those counties shall be negotiated among the forming counties and reduced to contract.
Such property to be acquired shall be situated within the boundaries of any one of the creating counties.
(b) The board of trustees for a facility created by an organizational component of two or more counties
shall establish rules and regulations for the admission of juveniles who are residents of other than the
creating counties. The board may establish a rate of charges to be paid by the county of origin of the
juvenile being placed into the facility, and those rates may be reduced for juveniles being admitted from a
county that was part of the organizational component that created the facility.
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES_
SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE OF LOCAL
GOVERNMENT
CHAPTER 241. MUNICIPAL, AND COUNTY ZONING AUTHORITY AROUND AIRPORTS
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 241.903. ACQUISITION OF AIR RIGHTS OR OTHER PROPERTY
(a) Apolitical subdivision may acquire from a person or other political subdivision an air right, aviation
easement, or other estate or interest in property or in a nonconforming structure or use if:
(1) the acquisition is necessary to accomplish the purposes of this chapter;
(2) the property or nonconforming structure or use is located within the political subdivision, the
political subdivision owns the airport, or the political subdivision is served by the airport; and
(3)(A) the political subdivision desires to remove, lower, or terminate the nonconforming
structure or use;
(b) airport zoning regulations are not sufficient to provide necessary approach protection because of
constitutional limitations; or
(c) the acquisition of a property right is more advisable than an airport zoning regulation in providing
necessary approach protection.
(d) An acquisition under this.section may be by purchase, grant, or condemnation in the manner provided
by Subchapter B, Chapter 21, Property Code.
LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE B. COUNTY ACQUISITION, SALE, OR LEASE OF PROPERTY
CHAPTER 261. COUNTY RIGHT OF EMINENT DOMAIN
§ 261.001. RIGHT OF EMINENT DOMAIN
(a) A county may exercise the right of eminent domain to condemn and acquire land,, an easement in
land, or a right -of -way if the acquisition is necessary for the construction. of a jail, courthouse, hospital, or
library, or for another public use authorized' by law.
(b) The right of eminent domain conferred by this section extends to public or private land, but not to land
used for cemetery purposes.
LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE B. COUNTY ACQUISITION, SALE, OR LEASE OF PROPERTY
CHAPTER 263. SALE OR LEASE OF PROPERTY BY COUNTIES
SUBCHAPTER E. CONVEYANCE OF REAL PROPERTY FROM COUNTY TO UNITED STATES
§ 263.201. ACQUISITION AND CONVEYANCE OF LAND FOR WATER PROJECTS
(a) If a county that has a part of its boundary coincident with a part of the international boundary between
the United States and Mexico, or that is contiguous to such a county, has made an agreement with the
United States to acquire and, on request, convey to the United States, with or without monetary
consideration, land or an interest in land desired bythe United States to enable the United States or an
establishment, of the United States to carry out an act of the United.States Congress in aid of navigation,
irrigation, flood control, or improvement of water courses and to accomplish a purpose specified by
Section 2204.101, Government Code, the commissioners court of the county may:
interest in land, that is necessary for the construction, operation, or maintenance of the water proje (1) on request by the United States through its proper officer for the conveyance of land, or an
ct,
acquire the land or interest in land by gift or purchase or by condemnation in accordance with Cha
Property Code, for ultimate conveyance to the United States; and pter 21,
funds. (2) pay for the land or interest in land from special flood control funds or other available county
(b) In a condemnation by the county, the county, after the award by the special commissioners appointed
under Chapter 21, Property Code, may file a declaration of taking adopted by resolution of the
commissioners court and signed by the county judge.
(c) The declaration of taking must contain:
(1) a declaration that the land or interest in land described in the original petition is taken for a
public use and for ultimate conveyance to the United States;
(2) a description of the land sufficient for the identification of the land;
(3) a statement of the estate or interest in the land being taken;
(4) a statement of the public use to be made of the land;
(5) a plan showing the land being taken; and
(6) a statement of the amount of damages awarded by the special commissioners, or by the
jury on appeal, for the taking of the land.
(d) When the commissioners court files the declaration of taking with the county clerk, deposits money in
an amount equal to the amount of the award against the county with the county clerk subject to the order
of the defendant, and pays any costs awarded against the county:
(1) the land is considered to be condemned and taken for the uses specified in the declaration;
and (2) the title to the estate or interest in the land specified in the declaration vests in the county;
(3) the right to just compensation vests in the person entitled to the compensation.
(e) When title passes, the commissioners court may immediately convey the land or interest in land to
the United States.
(f) An appeal from an award of the special commissioners or the service of process by publication does
not suspend the vesting of title in the county. On appeal the only issue is the amount of damages due
from the county to the owner of the land or interest in land for its taking.
LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO MORE THAN ONE TYPE
OF LOCAL GOVERNMENT
CHAPTER 273. ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES BY MUNICIPALITIES,
COUNTIES, AND OTHER LOCAL GOVERNMENTS
§ 273.001. ACQUISITION OF PROPERTY; EXERCISE OF POLICE POWER
(a) A municipality may, in accordance with this chapter, acquire property separately or jointly with another
municipality or other governmental entity by gift, dedication, or purchase, with or without condemnation.
(b) The property must be located within the county where the municipality or other governmental entity is
located. The property may be located inside or outside the corporate limits of the municipality.
(c) The property must be used for the following public purposes:
(1) parks and playgrounds;
(2) hospitals;
(3) the extension, improvement, and enlargement of its water system, including riparian rights,
water supply reservoirs, standpipes, watersheds, and dams;
(4) the laying, building, maintenance, and. construction of water mains;
(5) the laying, erection, establishment, and maintenance of necessary appurtenances or
facilities that will furnish to the inhabitants of the municipality an abundant supply of wholesome water;
(6) sewage plants and systems;
(7) rights of way for water and sewer lines;
(8) airports and landing fields;
(9) incinerators and garbage disposal plants;
(10) streets, boulevards, alleys, or other public ways; or
(11) a right of way needed in connection with property used for any of these purposes.
(d) The municipality may exercise police power within an area acquired under this section.
§ 273.002. CONDEMNATION
Condemnation of property under this chapter shall be in accordance with state law relating to eminent
domain, which may be Chapter 21, Property Code, or any other state'law governing and relating to the
condemnation of land for public uses by a municipality.
§ 273.003. NECESSARY ALTERATIONS
(a) If, in acting under this chapter, it is necessary for a municipality or other governmental entity to
exercise the power of eminent domain, a police power, or any other power in order to make an alteration,
including relocating, raising, lowering, rerouting, changing the grade,-or altering the construction of a
railroad, electric transmission, telegraph or telephone line„ conduit, pole, property or facility, or pipeline
outside the corporate limits of municipalities, the alteration shall .be made at the sole expense of
municipality or other governmental entity.
(b) In this section, "sole expense" means the actual cost of an alteration made under Subsection (a) and
of the provision of a comparable replacement without enhancement of the facility, after deducting the net
salvage value derived from the old facility.
LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO MORE THAN ONE TYPE
OF LOCAL GOVERNMENT
CHAPTER 280. MISCELLANEOUS. PROVISIONS AFFECTING ACQUISITION, SALE, OR LEASE OF
PROPERTY BY MUNICIPALITIES AND COUNTIES
§ 280.001. LAND FOR USE OF UNITED STATES
(a) A municipality or county, separately or jointly,. may acquire land for the use of the United States
government, either by a lease fora term of years or in fee simple title.
(b) Land acquired under this section by a county must be located within the county. Land acquired under
this section by a municipality must be located within the county in which the municipality is located.
(c) For the purpose of acquiring.land under this section, a municipality or county may appropriate any
available funds and issue time warrants.in payment. If time warrants are issued, the provisions of Chapter
252 or Subchapter C of Chapter 262 shall be followed to the extent applicable.
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(d) For the purpose of acquiring land under this section, a municipality or county may condemn land. The
condemnation may be for any period of years or in fee simple title. Condemnation may be in the name of
the municipality or county.
(e) Prior to the tiling of a petition for condemnation, the commissioners court of the county or the
governing body of the municipality shall estimate an amount of money to be the just compensation for the
interest in the land taken, and the petition shall state that amount.
(f) Immediately after filing a condemnation suit, the municipality or county may take possession of the
land by depositing with the county clerk the amount of money estimated. After a hearing as provided by
law, if the special commissioners appointed under the condemnation statutes find the just compensation
to be greater than the amount fixed by the commissioners court or governing body, an additional amount
shall be deposited with the county clerk by the taking authority to equal the amount found by the special
commissioners.
(g) After the date of the taking, which is the date of the deposit of the money estimated by the
commissioners court or governing body or the date of deposit of the amount fixed by the special
commissioners if the taking is not desired until after the special commissioners have acted, the
municipality or county may transfer the interest acquired by the taking to the United States government.
(h) A municipality or county may contract with the United States government obligating itself to acquire a
lease -hold interest or fee simple title in land as authorized by this section.
§ 280.003. HOSPITAL SITES IN COUNTY OR MUNICIPALITY
(a) The commissioners court of a county or the governing body of a municipality may issue bonds that
are payable from ad valorem taxes and use the proceeds from the sale of the bonds to acquire by
purchase, condemnation, or both, land to be used for hospital purposes.
(b) A county or municipality that has sufficient money in its general fund may use money in that fund to
acquire land to be used for hospital purposes.
(c) A county or municipality that owns land suitable for hospital purposes, including land acquired under
Subsection (a) or (b), may donate the land to this state or to the United States for hospital purposes if this
state or the United States agrees to erect and maintain a hospital on the land.
(d) A county or municipality may accept a nominal award as full compensation for land that is suitable for
hospital purposes in a condemnation proceeding brought by this state or by the United States to acquire
the land for hospital purposes.
(e) If bonds are issued under Subsection (a), the commissioners court or the governing body must
impose the taxes in compliance with the applicable provisions of Subtitles A and C, Title 9, Government
Code.
LOCAL GOVERNMENT CODE
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
SUBTITLE B. COUNTY PUBLIC BUILDINGS
CHAPTER 293. COUNTY BUILDING AUTHORITY ACT
SUBCHAPTER B. CREATION AND OPERATION
§ 293.026. POWERS OF AUTHORITY
(a) The authority may:
(1) construct, enlarge, furnish, and equip a building to be used primarily as a county courthouse,
subject to the approval of the commissioners court;
(2) sue or be sued, implead or be impleaded, and complain or defend in court;
(3) adopt, use, and alter a corporate seal;
(4) make bylaws for the management and regulation of its affairs;
(5) make contracts and execute instruments necessary or convenient for conducting its business;
(6) acquire, purchase, hold, and use land necessary for carrying out its purposes;
(7) lease land or an interest in land from the county for a term of not more than 99 years at
nominal rent or annual rent determined by contract with the county;
(8) lease real or personal property or an interest in such property to the county for a term of not
more than 99 years at nominal rent or annual rent determined by contract with the county;
(9) lease real or personal property or an interest in such property to a person other than a county
for a term of not more than 40 years at an annual rent determined by contract with the person;
(10) borrow money and accept grants from, and enter into contracts, leases, or other transactions
with, federal agencies;
(11) invest the proceeds of its bonds, until the money is needed, in direct obligations of or
obligations unconditionally guaranteed by the United States government, to the extent authorized in the
bond resolution or trust indenture;
(12) fix, alter, charge, and collect rates, rentals, and other charges for services of the authority or
use of facilities of the authority or project;
(13) exercise the power of eminent domain to the extent, in the manner, and under the laws
applicable to counties, for the purpose of acquiring property needed for a purpose authorized by this
chapter; and
(14) do anything necessary or convenient to accomplish the purposes of the authority or carry out
a power granted to the authority by statute.
(b) A lease under Subsection (a)(9) may not impair the authority's obligations under the bond resolution or
trust indenture. On notice specified in the contract, a lessee under such a lease shall surrender
possession of the property to the authority if and to the extent that the county requires use of the property.
(c) The power provided by Subsection (a)(10) is not subject to the limitations relating to other powers
granted under this section.
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE B. COUNTY PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
CHAPTER 325. SPORTS FACILITY DISTRICT ESTABLISHED BY COUNTY
SUBCHAPTER C. POWERS AND DUTIES
§ 325.037. EMINENT DOMAIN
(a) The district may acquire land for a sports facility by condemnation if the board determines, after notice
and hearing, that it is necessary.
(b) The right of eminent domain must be exercised in the manner provided by Chapter 21, Property Code,
except that the district is not required to give bond for appeal or bond for costs in a condemnation suit or
other suit to which it is a party and is not required to deposit double the amount of any award in any suit.
(c) If the district, in the exercise of the power of eminent domain, makes necessary the relocation, raising,
lowering, rerouting, or changing in grade, or alteration of the construction of any highway, railroad, electric
transmission or distribution line, telephone or telegraph properties and facilities, or pipeline, all necessary
relocations, raising, lowering, rerouting, changing in grade, or alteration of construction shall be
accomplished at the sole expense of the district. "Sole expense" means the actual cost of relocation,
raising, lowering, rerouting, or changing in grade, or alteration of construction to provide comparable
replacement without enhancement of facilities, after deducting the net salvage value derived from the old
facility.
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE C. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES PROVISIONS
APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 331. MUNICIPAL AND COUNTY AUTHORITY TO ACQUIRE AND MAINTAIN PARKS,
MUSEUMS, AND HISTORIC SITES
§ 331.001. GENERAL AUTHORITY
(a) A municipality or county may improve land for park purposes and may operate and maintain parks.
The authority to improve the land includes the authority to construct buildings, lay out and pave driveways
and walks, construct ditches or lakes, and set out trees and shrubs.
(b) A municipality or county may by gift, devise, purchase, or eminent domain proceeding acquire:
(1) land and buildings to be used for public parks, playgrounds, or historical museums; or
(2) land on which are located:
A) historic buildings, sites, or landmarks of statewide historical significance associated
with historic events or personalities;
or B) prehistoric ruins, burial grounds, or archaeological or vertebrate paleontological sites;
C) sites including fossilized footprints, inscriptions made by human agency, or any other
archaeological, paleontological, or historic buildings, markers, monuments, or historical features.
(c) Land acquired by a municipality under Subsection (b) may be situated inside or outside the
municipality but must be within the county in which the municipality is situated, and land acquired by a
county under Subsection (b) must be within the limits of the county. The land may be acquired in any size
tract considered suitable by the governing body of the municipality or county.
§ 331.003. EMINENT DOMAIN
A municipality or county may exercise eminent domain under Section 331.001(b) for the acquisition of a
historic site, building, or structure only on a showing that it is necessary to prevent the destruction or
deterioration of the site, building, or structure.
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE C. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES PROVISIONS
APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 335. SPORTS AND COMMUNITY VENUE DISTRICTS
SUBCHAPTER E. POWERS,AND DUTIES
§ 335.071. GENERAL POWERS OF DISTRICT
(a) A district may.
(1) perform any act necessary to the full exercise of the district's powers;
(2) accept a gift, grant, or loan from a:
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(A) department or agency of the United States;.
(B) department, agency, or political subdivision of this state; or
(C) public or private person;
(3) acquire, sell, lease, convey, or otherwise dispose of property or an interest in property,
including a right -of -way or easement or an approved venue project, under terms and conditions
determined by the district;
(4) employ necessary personnel; and
(5) adopt rules to govern the operation of the district and its employees and property.
(b) A district may contract with a public or private person, including one or more political subdivisions that
created the district or a sports team, club, organization, or other entity, to:
(1) plan, acquire, establish, develop, construct, or renovate an approved venue project; or
(2) perform any other act the district is authorized to perform under this chapter, other than
conducting an election under this chapter.
(c) A district may contract with or enter into an interlocal agreement with a school district, junior or
community college district, or an institution, of higher education as defined by Section 61.003, Education
Code, for a purpose described by'Subsection (b). The contract or interlocal agreement may provide for
joint ownership and operation or joint use.
(d) The competitive bidding laws, including Chapter 271, do not apply to the planning, acquisition,
establishment, development, construction, or renovation of an approved venue project.
(e) A district may impose any tax a municipality or county may impose under Chapter 334, subject to
approval of the voters of the, district as prescribed by this chapter. and Chapter 334.. The district shall
impose,the tax in the same manner as a county or municipality and may issue bonds in lieu of a county or
municipality as required by Chapter 334.
(f) A district may not levy an ad valorem tax
(g) In a transaction with another public entity that is made as provided by Subsection (a)(3), the public
purpose found by the legislature under Section 335.074 is adequate` consideration for the district and the
other public entity.
(h) A district has the right and power of eminent domain under Chapter 21, Property Code, to acquire and
condemn any interest, including a fee simple interest, in real property in the district, in connection with the
planning, acquisition, establishment, development, construction, renovation, repair, maintenance, or
operation of an, approved venue project. A district is not required to provide bond for appeal or bond for
costs under Section 21.021(a)(2) or (3), Property Code, in any lawsuit to which the district is a ,party and.
is not required to deposit more than the amount of the award in a suit.
LOCAL GOVERNMENT CODE
TITLE 11. PUBLIC SAFETY
SUBTITLE B. COUNTY PUBLIC SAFETY
CHAPTER 351. COUNTY JAILS AND LAW ENFORCEMENT
SUBCHAPTER G. JAIL DISTRICT
§ 351.136. ACQUISITION OF PROPERTY FOR SITE; LEASE; EMINENT DOMAIN
(a) The district may acquire by gift, grant, purchase, or condemnation any land, easements, rights -of -way,
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and other property interests necessary to construct or improve a jail facility.
(b) The district may lease property on terms and conditions the board determines advantageous to the
district.
(c) The district may acquire land for a jail facility by condemnation if the board determines, after notice
and hearing, that it is necessary. The right of eminent domain must be exercised in the manner provided
by Chapter 21, Property Code, except that the district is not required to give bond for appeal or bond for
costs in a condemnation suit or other suit to which it is a party and is not required to deposit double the
amount of any award in any suit.
(d) If the district, in the exercise of the power of eminent domain, makes necessary the relocation, raising,
lowering, rerouting, or changing in grade or alteration of the construction of any highway, railroad, electric
transmission or distribution line, telephone or telegraph properties and facilities, or pipeline, all necessary
relocations, raising, lowering, rerouting, changing in grade, or alteration of construction shall be
accomplished at the sole expense of the district. "Sole expense" means the actual cost of relocation,
raising, lowering, rerouting, or changing in grade or alteration of construction to provide comparable
replacement without enhancement of facilities, after deducting the net salvage value derived from the old
facility.
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE B. COUNTY PLANNING AND DEVELOPMENT
CHAPTER 383. COUNTY DEVELOPMENT DISTRICTS
SUBCHAPTER D. POWERS AND DUTIES
§ 383.063. EMINENT DOMAIN
(a) A district that is not located within a municipality may exercise the power of eminent domain to acquire
land or interests in land in the district considered necessary by the board for the purpose of providing
water and sewer services to an authorized project.
(b) The power of eminent domain shall be exercised in the manner provided by Chapter 21, Property
Code.
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE THAN ONE TYPE
OF LOCAL GOVERNMENT
CHAPTER 392. HOUSING AUTHORITIES ESTABLISHED BY MUNICIPALITIES AND COUNTIES
SUBCHAPTER D. POWERS AND DUTIES OF A HOUSING AUTHORITY
§ 392.061. EMINENT DOMAIN
(a) An authority may acquire an interest in real property, including a fee simple interest, by the exercise of
the power of eminent domain after it adopts a resolution describing the real property and declaring the
acquisition of the property necessary for the purposes of the authority under this chapter.
(b) An authority may exercise the power of eminent domain in the manner provided by Chapter 21,
Property Code, or by other applicable statutory provisions for the exercise of the power of eminent
domain.
(c) An authority may exercise the power of eminent domain to acquire property already devoted to public
use, but the authority may not acquire real property belonging to a municipality, a county, another political
subdivision, or the state without the consent of the governmental entity.
_ _
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE C1. ADDITIONAL PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 507. SPACEPORT DEVELOPMENT CORPORATIONS
SUBCHAPTER C. POWERS AND DUTIES
§ 507.103. EMINENT DOMAIN
(a) A spaceport development corporation may exercise the power of eminent domain to acquire property
for a spaceport, including the power to:.
(1) acquire fee title in land condemned;
(2) relocate or modify a railroad, utility line, pipeline, or other facility that may interfere with a
spaceport; or
(3) impose a reasonable restriction on using the surface of property for mineral development if
the corporation does not own the mineral rights.
(b) Before exercising the power of eminent domain under this chapter, a spaceport development
corporation must obtain a resolution approving the proposed condemnation from the.governing body of a
county or municipality in which the property is located.. For purposes of this chapter, territory in the
extraterritorial jurisdiction of a.municipality is considered to be in the jurisdiction of the municipality.
(c) Chapter 21, Property Code,.governs. the exercise of the power of eminent domain by a spaceport
development corporation.
LOCAL GOVERNMENT CODE
TITLE 13. WATER AND UTILITIES
SUBTITLE B. COUNTY WATER
CHAPTER 561. WATER CONTROL BY COUNTIES
§ 561.001. FLOOD CONTROL PROPERTY; CONDEMNATION
(a) A county may acquire or private real property, including easements and rights -of -way, for the
purpose of building canals, drains, levees, and other improvements to provide for flood control and water
outlets. The county has the right of eminent. domain to.make an acquisition under this section.
(b) An appeal from a finding and assessment of damages by special commissioners in a condemnation
case does not act to suspend the work for which the property is acquired.
(c) A county may; if the commissioners court of the county considers it -necessary, obtain the fee title to
the property that is the subject of the condemnation. ,However, a county may not obtain through
condemnation the fee.title to property lawfully used or occupied by a public utility, railroad, canal, levee,
or any other person devoting its property to a public use. This prohibition does not prevent the county
from condemning an easement or a right -of -way in favor of the county.
(d) If the commissioners court considers it necessary to condemn an, easement on the property of a
person, that also has the power of eminent domain, the expense of acquisition,. construction, and
maintenance of the flood control or drainage project is the obligation of the county, flood control district, or
drainage, district, as the case may be.
LOCAL GOVERNMENT CODE
TITLE 13. WATER AND UTILITIES
SUBTITLE B. COUNTY WATER
CHAPTER 562. COUNTY WATER SUPPLY
SUBCHAPTER B. WATER SUPPLY AND SEWAGE
§ 562.016. COUNTY WATER AND SEWER SYSTEM
(a) A county may acquire, own, finance, operate, or contract for the operation of, a water or sewer utility
system to serve an unincorporated area of the county in the same manner and under the same
regulations as a municipality under Chapter 552. The county must comply with all provisions of Chapter
13, Water Code, that apply to a municipality. However, a county with a population of two million or more
and any adjoining county may, with the municipality's approval, serve an area within a municipality.
(b) To finance the water or sewer utility system, a county may issue bonds payable solely from the
revenue generated by the water or sewer utility system. A bond issued under this section is not a debt of
the county but is only a charge on the revenues pledged and is not considered in determining the ability
of the county to issue bonds for any other purpose authorized by law. This subsection does not authorize
the issuance of general obligation bonds payable from ad valorem taxes to finance a water or sewer utility
system. However, a county with a population of two million or more and any adjoining county may issue
general obligation bonds with the approval of qualified voters.
(c) A county may acquire any interest In property necessary to operate a system authorized by this
section through any means available to the county, including eminent domain. A county may not use
eminent domain under this subsection to acquire property in a municipality. Provided, however, a county
with a population of two million or more and any adjoining county may, with the municipality's approval,
use the power of eminent domain under this subsection to acquire property within a municipality.
LOCAL GOVERNMENT CODE
TITLE 13. WATER AND UTILITIES
SUBTITLE C. WATER PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL
GOVERNMENT
CHAPTER 571. SEAWALLS AND LEVEES IN COASTAL MUNICIPALITIES AND COUNTIES
SUBCHAPTER A. AUTHORITY OF COUNTY OR MUNICIPALITY BORDERING GULF
§ 571.004. ACQUISITION OF PROPERTY; EMINENT DOMAIN
(a) The county or municipality may acquire property that is necessary for the establishment, construction,
and maintenance of a seawall, breakwater, levee, floodway, or drainway.
(b) The county or municipality may exercise the right of eminent domain to condemn an interest in real
property for the purposes described by Subsection (a). The county or municipality must exercise the
power of eminent domain in the manner provided by Chapter 21, Property Code.
(c) Before exercising the power of eminent domain under this section the commissioners court or
municipal authority, by order, ordinance, or resolution entered in its minutes, shall define and describe the
real property to be acquired and shall determine whether an easement or fee simple interest in the real
property is to be taken.
LOCAL GOVERNMENT CODE
TITLE 13. WATER AND UTILITIES
SUBTITLE C. WATER PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL
GOVERNMENT
CHAPTER 572. PUBLIC UTILITY AGENCIES FOR PROVISION OF WATER OR SEWER SERVICE
SUBCHAPTER B. COOPERATION BY PUBLIC AND PRIVATE ENTITIES
§ 572.012. GENERAL RIGHTS, POWERS, AND DUTIES OF PUBLIC ENTITIES
(a) Each participating public entity may:
a facility; (1) use the entity's money to plan, acquire, construct, own, operate, and maintain its interest in
(2) share in the facility;
(3) issue bonds and other securities to raise money for a purpose described by Subdivision (1)
in the same manner and to the same extent and subject to the same conditions as would be applicable if
the public entity had sole ownership of the facility;
(4) acquire, for the use and benefit of each participating public entity, land, easements, and
property for a facility by purchase or by exercising the power of eminent domain; and
(5) transfer or otherwise convey the land, property, or property interest or otherwise have the
land, property, or property interest become vested in other participating public entities to the extent and in
the manner agreed between the entities.
(b) In relation to a participating public entity's undivided interest in a facility, the entity has each right,
privilege, exemption, power, duty, and liability the entity would have if the entity had sole ownership.
§ 572.013. USE OF EMINENT DOMAIN
(a) A participating public entity has the power of eminent domain to be exercised as provided by this
section.
(b) The use of eminent domain authority by a participating public entity is governed by the law relating to
an eminent domain proceeding involving a municipality in this state.
(c) A participating public entity may acquire a fee title to the condemned real property, excluding mineral
interests.
(d) A participating public entity may not use eminent domain authority to acquire an interest in a facility
that belongs to another public entity or a private entity.
NATURAL RESOURCES CODE
TITLE 8. ACQUISITION OF RESOURCES
CHAPTER 183. CONSERVATION EASEMENTS
SUBCHAPTER B. TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM
§ 183.057. PROTECTED LAND; NOTICE OF TAKING
(a) A department or agency of this state, a county, a municipality, another political subdivision, or a public
utility may not approve any program or project that requires the use or taking through eminent domain of
private land encumbered by an agricultural conservation easement purchased under this subchapter
unless the governmental entity or public utility acting through its governing body or officers determines
that:
(1) there is no feasible and prudent alternative to the use or taking of the land; and
(2) the program or project includes all reasonable planning to minimize harm to the land resulting
from the use or taking.
(b) A determination required by Subsection (a) may be made only at a properly noticed public hearing.
(c) The governing body or officers of the governmental entity or public utility may consider clearly
enunciated local preferences, and the provisions of this subchapter do not constitute a mandatory
prohibition against the use of the area if the determinations required by Subsection (a) are made.
(d) If, after making the determination required by Subsection (a), a department or agency of this state, a
county, a municipality, another political subdivision, or a public utility acquires by eminent domain a fee
simple interest in land encumbered by an agricultural conservation easement purchased under this
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subchapter:
(1) the easement on the condemned property terminates; and
(2) the entity exercising the power of eminent domain shall:
(A) pay for an appraisal of the fair market value, as that term is defined by Section
183.056, of the property subject to condemnation;
(B) pay to the qualified easement holder an amount equal to the amount paid by the
holder for the portion of the easement affecting the property to be condemned;
(C) pay to the landowner an amount equal to the fair market value of the condemned
property less the amount paid to the qualified easement holder under Paragraph (B); and
(D) pay to the landowner and the qualified easement holder any additional damages to
their interests in the remaining property, as determined by the special commissioners under Section
21.042, Property Code.
(e) If, after making the determination required by Subsection (a), a department or agency of this state, a
county, a municipality, another political subdivision, or a public utility acquires by eminent domain an
interest other than a fee simple interest in land encumbered by an agricultural conservation easement
purchased under this subchapter:
(1) the entity exercising the power of eminent domain shall pay for an appraisal of the fair market
value, as that term is defined by Section 183.056, of the property subject to condemnation; and
(2) the special commissioners shall consider the fair market value as the value of the property for
purposes of assessing damages under Section 21.042, Property Code.
(f) The qualified easement holder shall pay to the fund any amounts received under Subsections (d) and
(e), not to exceed the amount paid by the fund for the purchase of the easement.
municipal utility district.
(b) The district may not exercise the power of eminent domain outside the district to acquire a site or
easement for:
(1) a road project authorized by Section 3872.104; or
(2) a recreational facility as defined by Section 49.462, Water Code.
NATURAL RESOURCES CODE
TITLE 12. WETLANDS
CHAPTER 221. WETLAND MITIGATION
SUBCHAPTER A. GENERAL PROVISIONS
SUBCHAPTER B. WETLAND MITIGATION BANKING AND CONTRACTS
§ 221.021. ACTIONS TO ESTABLISH OR MAINTAIN MITIGATION BANK
(a) With the approval of the General Land Office, a state agency or eligible political subdivision may take
any necessary and reasonable action to comply with a federal requirement to establish or maintain a
mitigation bank. An action under this section may include:
programs; (1) authorizing or making a continuing study of wetland areas and wetland mitigation
(2) consistent with federal requirements, engaging In a wetland mitigation program and
adopting and enforcing permanent land use and control measures on land the agency or subdivision
owns in a mitigation bank;
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(3) consulting with, providing information to, and entering into an agreement with a federal
agency to identify and publish information about wetland areas;
(4) cooperating with a federal or state agency in connection with a study or investigation
regarding the adequacy of a local measure with respect to a federal or state wetland program;
(5) improving the long -range management or use of wetland or a wetland mitigation bank;
(6) purchasing, leasing, condemning, or otherwise acquiring property inside or outside the
eligible political subdivision that is necessary for a wetland mitigation bank or buffer zone and, as
necessary, improving the land or other property as a wetland mitigation bank, including any adjacent
buffer zone, to comply with a federal requirement;
(7) requesting, or receiving aid from a federal or state agency or an eligible political subdivision;
(8) purchasing, selling, or contracting to purchase or sell a mitigation credit in a mitigation
bank;
(9) incurring a liability or borrowing money on terms approved by the governing body of the
subdivision;
(10) acquiring, holding, using, selling, leasing, or disposing of real or personal property,
including a license, patent, right;, or interest, that is necessary, convenient, or useful for the full exercise of
a power under this chapter;
(11) contracting with any operator to use or operate any part of a mitigation bank; and
(12) procuring any type of insurance and paying an insurance premium in an amount the
governing body of the eligible political subdivision considers necessary or advisable.
(b) The power of eminent domain granted by this section does not enable a state agency or eligible
political subdivision to acquire by condemnation an interest in land that is owned or used by a public
utility. In this subsection, "public utility" has the meaning assigned by the Public Utility Regulatory Act of
1995 (Article 1446c -0, Vernon's Texas Civil Statutes).
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES
CHAPTER 21. EMINENT DOMAIN
SUBCHAPTER A. JURISDICTION
Sec. 21.001. CONCURRENT JURISDICTION. District courts and county courts at law have concurrent
jurisdiction in eminent domain cases. A county court has no jurisdiction in eminent domain cases.
Acts 1983, 68th Leg. p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.00.2. TRANSFER OF CASES. If an eminent domain - case is pending in a county court at law and
the court determines that the case involves an issue of title or any other matter that cannot be fully
adjudicated in that court, the judge shall transfer the case to a district court.
Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.003. DISTRICT COURT AUTHORITY. A district court may determine all issues, including the
authority to condemn property and the assessment of damages, in any suit:
(1) in which this state,.a political subdivision of this state, a person, an association of
persons, or a corporation is .a party; and
(2) that involves a claim for property or for damages to property occupied by the party
under the party's eminent domain authority or for an injunction to prevent the party from entering or using
the property under the party's eminent domain authority.
Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984
SUBCHAPTER B. PROCEDURE
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Sec. 21.011. STANDARD PROCEDURE. Exercise of the eminent domain authority in all cases is
governed by Sections 21.012 through 21.016 of this code.
Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.0111. DISCLOSURE OF CERTAIN INFORMATION REQUIRED; INITIAL OFFER.
(a) An entity with eminent domain authority that wants to acquire real property for a public use
shall, by certified mail, return receipt requested, disclose to the property owner at the time an offer to
purchase or lease the property is made any and all appraisal reports produced or acquired by the entity
relating specifically to the owner's property and prepared in the 10 years preceding. the date of the offer.
(b) A property owner shall disclose to the entity seeking to acquire the property any and all
current and existing appraisal reports produced or acquired by the property owner relating specifically to
the owner's property and used in determining the owner's opinion of value. Such disclosure shall take
place not later than the earlier of:
(1) the 10th day after the date of receipt of an appraisal report; or
(2) the third business day before the date of a special commissioner's hearing if an
appraisal report is to be used at the hearing.
(c) An entity seeking to acquire property that the entity is authorized to obtain through the use of
eminent domain may not include a confidentiality provision in an offer or agreement to acquire the
property. The entity shall inform the owner of the property that the owner has the right to:
others; or (1) discuss any offer or agreement regarding the entity's acquisition of the property with
(2) keep the offer or agreement confidential, unless the offer or agreement Is subject to
Chapter 552, Government Code.
(d) A subsequent bona fide purchaser for value from the acquiring entity may conclusively
presume that the requirement of this section has been met. This section does not apply to acquisitions of
real property for which an entity does not have eminent domain authority.
Added by Acts 1995, 74th Leg., ch. 566, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R. S., Ch. 81, Sec. 7, eff. September 1, 2011.
Sec. 21.0112. PROVISION OF LANDOWNER'S BILL OF RIGHTS STATEMENT REQUIRED.
(a) Not later than the seventh day before the date a governmental or private entity with eminent
domain authority makes a final offer to a property owner to acquire real property, the entity must send by
first -class mail or otherwise provide a landowner's bill of rights statement provided by Section 402.031,
Government Code, to the last known address of the person in whose name the property is listed on the
most recent tax roll of any appropriate taxing unit authorized by law to levy property taxes against the
property. In addition to the other requirements of this subsection, an entity with eminent domain authority
shall provide a copy of the landowner's bill of rights statement to a landowner before or at the same time
as the entity first represents in any manner to the landowner that the entity possesses eminent domain
authority.
(b) The statement must be:
(1) printed in an easily readable font and type size; and
(2) if the entity is a governmental entity, made available on the Internet website of the
entity if technologically feasible.
a
Added by Acts 2007, 80th Leg., R.S., Ch. 1201, Sec. 3, eff. February 1, 2008.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 1145, Sec. 1, eff. January 15, 2010.
Sec. 21.0113. BONA FIDE OFFER REQUIRED.
(a) An entity with eminent domain authority that wants to acquire real property for a public use
must make a bona fide offer to acquire the property from the property owner voluntarily.
(b) An entity with eminent domain authority has made a bona fide offer if:
(1) an initial offer is made in writing to a property owner;
(2) a final offer is made in writing to the property owner;
(3) the final offer is made on or after the 30th day after the date on which the entity
makes a written initial offer to the property owner;
(4) before making a final offer, the entity obtains a written appraisal from a certified
appraiser of the value of the property being acquired and the damages, if any, to any of the property
owner's remaining property;
by the entity; (5) the final offer is equal to or greater than the amount of the written appraisal obtained
(6) the following items are included with the final offer or have been previously provided
to the owner by the entity:
(A) a copy of the written appraisal;
(B) a copy of the deed, easement, or other instrument conveying the property
sought to be acquired; and
(C) the landowner's bill of rights statement prescribed by Section 21.0112; and
(7) the entity provides the property owner with at least 14 days to respond to the final
offer and the property owner does not agree to the terms of the final offer within that period.
Added by Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 8, eff. September 1, 2011.
Sec. 21.012. CONDEMNATION PETITION.
(a) if an entity with eminent domain authority wants to acquire real property for public use but is
unable to agree with the owner of the property on the amount of damages, the entity may begin a
condemnation proceeding by filing a petition in the proper court.
(b) The petition must:
(1) describe the property to be condemned;
property; (2) state with specificity the public use for which the entity intends to acquire the
(3) state the name of the owner of the property if the owner is known;
(4) state that the entity and the property owner are unable to agree on the damages;
(5) if applicable, state that the entity provided the property owner with the landowner's
bill of rights statement in accordance with Section 21.0112; and
(6) state that the entity made a bona fide offer to acquire the property from the property
owner voluntarily as provided by Section 21.0113.
(c) An entity that files a petition under this section must provide a copy of the petition to the
property owner by certified mail, return receipt requested.
Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by: Acts 2007, 80th Leg., R.S., Ch. 1201, Sec. 4, eff. February 1, 2008. Acts 2011, 82nd Leg.,
R.S., Ch. 81, Sec. 9, eff. September 1, 2011.
Sec. 21.0121. CONDEMNATION TO ACQUIRE WATER RIGHTS.
(a) In addition to the contents prescribed by Section 21.012(b), a condemnation petition filed by a
political subdivision of this state for the purpose of acquiring rights to groundwater or surface water must
state that the facts to be proven are that the political subdivision has:
(1) prepared a drought contingency plan;
(2) developed and implemented a water conservation plan that will result in the highest
Practicable levels of water conservation and efficiency achievable in the political subdivision's jurisdiction;
(3) made a bona fide good faith effort to obtain practicable alternative water supplies to
the water rights the political subdivision proposes to condemn;
(4) made a bona fide good faith effort to acquire the rights to the water the political
subdivision proposes to condemn by voluntary purchase or lease; and
(5) made a showing that the political subdivision needs the water rights to provide for the
domestic needs of the political subdivision within the next 10 -year period.
(b) A court shall deny the right to condemn unless the political subdivision proves to the court
that the political subdivision has met the requirements of Subsection (a).
Added by Acts 2003, 78th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 2003.
Sec. 21.013. VENUE; FEES AND PROCESSING FOR SUIT FILED IN DISTRICT COURT.
(a) The venue of a condemnation proceeding is the county in which the owner of the property
being condemned resides if the owner resides in a county in which part of the property is located.
Otherwise, the venue of a condemnation proceeding is any county in which at least part of the property is
located.
(b) Except where otherwise provided by law, a party initiating a condemnation proceeding in a
county in which there is one or more county courts at law with jurisdiction shall file the petition with any
clerk authorized to handle such filings for that court or courts.
(c) A party initiating a condemnation proceeding in a county in which there is not a county court
at law must file the condemnation petition with the district clerk. The filing fee shall be due at the time of
filing in accordance with Section 51.317, Government Code.
(d) District and county clerks shall assign an equal number of eminent domain cases in rotation
to each court with jurisdiction that the clerk serves.
Acts 1983, 68th Leg., p. 3499, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch.
760, Sec. 1, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 756, Sec. 1, eff. June 18, 1999.
Sec. 21.014. SPECIAL COMMISSIONERS.
(a) The judge of a court in which a condemnation petition is filed or to which an eminent domain
case is assigned shall appoint three disinterested real property owners who reside in the county as
special commissioners to assess the damages of the owner of the property being condemned. The judge
appointing the special commissioners shall give preference to .persons agreed on by the parties. The
judge shall. provide each party a reasonable period to strike one of the three commissioners appointed by
the judge. If a person fails to serve as a commissioner or is struck by a party to the suit, the judge shall
appoint a replacement.
(b) The special commissioners shall swear to assess damages fairly, impartially, and according
to the law.
(c) Special commissioners may compel the attendance of witnesses and the production of
testimony, administer oaths, and. punish for contempt in the same manner as a county judge.
Acts 1983, 68th Leg., p. 3499, ch. 576, Sec. 1,•eff. Jan. 1, 1984.
Amended by: Acts 2011, 82nd Leg., R.S.,. Ch. .81, Sec. 10, eff. September 1, 2011.
Sec. 21.015. HEARING.
(a) The special commissioners in an eminent domain proceeding shall promptly schedule a
hearing for the parties at the earliest practical time but may not schedule a hearing to .assess damages
before 'the 20th 'day after the date the special commissioners were appointed. The special
commissioners shall schedule a hearing for 'the parties at a place that is as near as practical to the
property being condemned or at the county seat of the county in which the proceeding is being held.
(b) After notice of the hearing has been served, the special commissioners shall hear the parties
at the scheduled time and place or at any other time or place to which they may adjourn the hearing.
Acts 1983, 68th Leg., p. 3500, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by: Acts 2011, 82nd: Leg., R.S., Ch. 81, Sec. 11, eff . September 1, 2011.
Sec. 21.016. NOTICE..
(a) Each party in an eminent domain proceeding is entitled to written notice issued by the special
commissioners informing the party of the time and place of the hearing.
(b) Notice of the hearing must be served on a party not later than the 20th day before the day set
for the hearing. A person competent to testify may serve the notice.
(c) A.personwho serves'a notice shall return the original notice to the special, commissioners on
or before the day set for hearing. The person shall write a return of service on the notice that states how
and when it was served.
(d) Notice may be served:
(1) by delivering a copy of the notice to the party or to the party's agent or attorney;
(2) if the property being condemned belongs to a deceased's estate or to a minor or
other legally disabled person and the person or estate has a legal representative, by delivering a copy of
the notice to the legal representative; or
'(3) if the property being condemned belongs to a nonresident of this state and there has
been no personal service on the owner, if the identity or the residence of the ,property owner is unknown,
V , Ile
or if the property owner avoids service of notice by hiding, by publication in the same manner as service
of citation by publication in other civil cases in the district courts or county courts at law.
Acts 1983, 68th Leg., p. 3500, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 12, eff. September 1, 2011.
Sec. 21.017. ALTERNATIVE PLEADINGS.
(a) This state, a political subdivision of this state, a person, an association of persons, or a
corporation that is a party to a suit covered by Section 21.003 of this code by petition, cross -bill, or plea of
intervention may assert a claim to the property or, alternatively, seek to condemn the property.
(b) A plea under this section is not an admission of an adverse party's title to the property in
controversy.
Acts 1983, 68th Leg., p. 3501, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.018. APPEAL FROM COMMISSIONERS' FINDINGS.
(a) A party to a condemnation proceeding may object to the findings of the special
commissioners by filing a written statement of the objections and their grounds with the court that has
jurisdiction of the proceeding. The statement must be filed on or before the first Monday following the
20th day after the day the commissioners file their findings with the court.
(b) If a party files an objection to the findings of the special commissioners, the court shall cite
the adverse party and try the case in the same manner as other civil causes.
Acts 1983, 68th Leg., p. 3501 ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.019. DISMISSAL OF CONDEMNATION PROCEEDINGS.
(a) A party that files a condemnation petition may move to dismiss the proceedings, and the
court shall conduct a hearing on the motion. However, after the special commissioners have made an
award, in an effort to obtain a lower award a condemnor may not dismiss the condemnation proceedings
merely to institute new proceedings that involve substantially the same condemnation against the same
property owner.
(b) A court that hears and grants a motion to dismiss a condemnation proceeding made by a
condemnor under Subsection (a) shall make an allowance to the property owner for reasonable and
necessary fees for attorneys, appraisers, and photographers and for the other expenses incurred by the
property owner to the date of the hearing.
(c) A court that hears and grants a motion to dismiss a condemnation proceeding made by a
property owner seeking a judicial denial of the right to condemn or that otherwise renders a judgment
denying the right to condemn may make an allowance to the property owner for reasonable and
necessary fees for attorneys, appraisers, and photographers and for the other expenses incurred by the
property owner to the date of the hearing or judgment.
Acts 1983, 68th Leg., p. 3501, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch.
483, Sec. 1, eff. Aug. 31, 1987.
r
Sec. 21.0195. DISMISSAL OF CERTAIN CONDEMNATION PROCEEDINGS; TEXAS DEPARTMENT
OF TRANSPORTATION.
(a) This section applies only to the dismissal of a condemnation proceeding that involves the
Texas Department of Transportation.
(b) The department may move to dismiss a proceeding it files, and the court shall conduct a
hearing on the motion. The court may grant the motion only if the court determines that the property
owner's interest will not be materially affected by the dismissal. The department may not dismiss the
condemnation proceedings merely to institute new proceedings that involve substantially the same
condemnation against the same property owner solely to obtain a lower condemnation award.
(c) If a court dismisses a condemnation proceeding on the motion of the department or as a
result of the failure of the department to bring the proceeding properly, the court shall make an allowance
to the property owner for the value of the department's use of the property while in possession of the
property, any damage that the condemnation has caused to the property owner, and any expenses the
property owner has incurred in connection with the condemnation, including reasonable and necessary
fees for attorneys.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.46(a), eff. Sept. 1, 1997.
Sec. 21.020. REINSTATEMENT OF CONDEMNATION PROCEEDINGS. If a condemnor moves to
dismiss a condemnation proceeding and subsequently files a petition to condemn substantially the same
property interest from the same property owner, the court may not appoint new special commissioners but
shall enter the award of the special commissioners in the first proceeding as the award in the second.
The court shall award the property owner triple the amount of the expenses that were allowed the
property owner prior to the dismissal of the first proceeding.
Acts 1983, 68th Leg., p. 3502, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.021. POSSESSION PENDING LITIGATION.
(a) After the special commissioners have made an award in a condemnation proceeding, except
as provided by Subsection (c) of this section, the condemnor may take possession of the condemned
property pending the results of further litigation if the condemnor:
(1) pays to the property owner the amount of damages and costs awarded by the special
commissioners or deposits that amount of money with the court subject to the order of the property
owner;
(2) deposits with the court either the amount of money awarded by the special
commissioners as damages or a surety bond in the same amount issued by a surety company qualified to
do business in this state, conditioned to secure the payment of an award of damages by the court in
excess of the award of the special commissioners; and
(3) executes a bond that has two or more good and solvent sureties approved by the
judge of the court in which the proceeding is pending and conditioned to secure the payment of additional
costs that may be awarded to the property owner by the trial court or on appeal.
(b) A court shall hold money or a bond deposited under Subdivision (1) or (2) of Subsection (a) to
secure the payment of the damages that have been or that may be awarded against the condemnor.
(c) This state, a county, or a municipal corporation or an irrigation, water improvement, or water
power control district created under legal authority is not required to deposit a bond or the amount equal
to the award of damages under Subdivisions (2) and (3) of Subsection (a).
(d) If a condemnor deposits money with a court under Subdivision (2) of Subsection (a), the
condemnor may instruct the court to deposit or invest the money in any account with or certificate or
security issued by a state or national bank in this state. The court shall pay the interest that accrues from
the deposit or investment to the condemnor.
f
Acts 1983, 68th Leg., p. 3502, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd
C.S., ch. 18, Sec. 1(b), eff. Oct. 2, 1984.
Sec. 21.0211. PAYMENT OF AD VALOREM TAXES.
(a) A court may not authorize withdrawal of any money deposited under Section 21.021 unless
the petitioner for the money files with the court:
(1) a tax certificate issued under Section 31.08, Tax Code, by the tax collector for each
taxing unit that imposes ad valorem taxes on the condemned property showing that there are no
delinquent taxes, penalties, interest, or costs owing on the condemned property or on any larger tract of
which the condemned property forms a part; and
(2) in the case of a whole taking that occurs after the date the ad valorem tax bill for
taxes imposed by a taxing unit on the property is sent, a tax receipt issued under Section 31.075, Tax
Code, by the tax collector of the taxing unit that imposes ad valorem taxes showing that the taxes on the
condemned property for the current tax year, prorated under Section 26.11, Tax Code, have been paid.
(b) For purposes of Subsection (a)(2), a "case of a whole taking" means a case in which the
location, size, and boundaries of the property assessed for ad valorem taxes are identical to that of the
condemned property.
Added by Acts 2005, 79th Leg., Ch. 1126, Sec. 27, eff. September 1, 2005.
Sec. 21.022. AUTHORITY OF COURTS. Laws that formerly governed the performance of functions by
county clerks and judges in eminent domain proceedings are applicable to the clerks and judges of
district courts and county courts at law.
Acts 1983, 68th Leg., p. 3503, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF ACQUISITION. An entity with
eminent domain authority shall disclose in writing to the property owner, at the time of acquisition of the
property through eminent domain, that:
(1) the owner or the owner's heirs, successors, or assigns may be entitled to:
(A) repurchase the property under Subchapter E; or
(B) request from the entity certain information relating to the use of the property
and any actual progress made toward that use; and
(2) the repurchase price is the price paid to the owner by the entity at the time the entity
acquired the property through eminent domain.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 1, eff. Jan. 1, 2004.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 13, eff. September 1, 2011.
Sec. 21.025. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES.
(a) Notwithstanding any other law, an entity that is not subject to Chapter 552, Government
Code, and is authorized by law to acquire private property through the use of eminent domain is required
to produce information as provided by this section if the information is:
(1) requested by a person who owns property that is the subject of a proposed or
existing eminent domain proceeding; and
eminent domain. (2) related to the taking of the person's private property by the entity through the use of
i
(b) An entity described by Subsection (a) is required under this section only to produce
information relating to the condemnation of the specific property owned by the requestor as described in
the request. A request under this section must contain sufficient details to allow the entity to identify the
specific tract of land .in relation to which the information is sought.
(c) The entity shall respond to a request, in accordance with the Texas Rules of Civil Procedure
as if the request was made in a matter pending before a state district court.
(d) Exceptions to disclosure provided by this chapter and the Texas Rules of Civil Procedure
apply to the disclosure of information under this section.
(e) Jurisdiction to enforce the provisions of this section resides in:
(1) the court in which the condemnation was initiated; or
(2) if the condemnation proceeding has not been initiated:
(A) a court that would have jurisdiction over a proceeding to condemn the
requestor's property; or
(B) a court with eminent domain jurisdiction in the county in which, the entity has
its principal place of business.
(f) If the entity refuses to ,produce information requested in accordance with this section and the
court determines that the refusal violates this section, the court may award the requestor's reasonable
attorney's fees incurred to compel -the production of the information.
Added by Acts 2011., 82nd Leg., R.S., Ch., 81, Sec. 14, eff. September 1, 2011
SUBCHAPTER C. DAMAGES AND COSTS
Sec. 21.041. EVIDENCE. As the basis for assessing actual damages to a property owner from a
condemnation, the special commissioners shall admit•evidence on:
(1) the value of the property being condemned;
(2) the injury to the property owner;
(3) the benefit to the property owner's remaining property; and,
(4) the use of the property for the purpose of the condemnation.
Acts 1983,.68th Leg., p. 3504, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.042: ASSESSMENT OF DAMAGES.
(a) The special commissioners shall assess damages in a condemnation proceeding according
to the evidence presented at the hearing.
(b) If an entire tractor parcel .of real property is condemned, the damage to the property owner is
the local marketvalue of the property at the time of the special commissioners' hearing.
(c) If a. portion of a tract or parcel of real property is condemned, the special commissioners shall
determine the .damage to the property owner after estimating the extent of the injury and benefit_ to the
property owner, including the effect of the condemnation on the value of the property owner's remaining
property.
(d) In estimating injury or benefit under. Subsection (c), the special commissioners shall consider
an injury or benefit that it peculiar to the property owner and that relates to the property owner's
-i
ownership, use, or enjoyment of the particular parcel of real property, including a material impairment of
direct access on or off the remaining property that affects the market value of the remaining property, but
they may not consider an injury or benefit that the property owner experiences in common with the
general community, including circuity of travel and diversion of traffic. In this subsection, "direct access"
means ingress and egress on or off a public road, street, or highway at a location where the remaining
property adjoins that road, street, or highway.
(e) If a portion of a tract or parcel of real property is condemned for the use, construction,
operation, or maintenance of the- state highway system or of a county toll project described by Chapter
284, Transportation Code, that is eligible for designation as part of the state highway system, or for the
use, construction, development, operation, or maintenance of an improvement or project by a
metropolitan rapid transit authority created before January 1, 1980, with a principal municipality having a
population of less than 1.9 million and established under Chapter 451, Transportation Code, the special
commissioners shall determine the damage to the property owner regardless of whether the property
owner makes a claim for damages to the remaining property. In awarding compensation or assessing the
damages, the special commissioners shall consider any special and direct benefits that arise from the
highway improvement or the transit authority improvement or project that are peculiar to the property
owner and that relate to the property owner's ownership, use, or enjoyment of the particular parcel of
remaining real property.
(f) In awarding compensation or assessing damages for a condemnation by an institution of
higher education, as defined by Section 61.003, Education Code, the special commissioners may not
include in the compensation or damages any amount that compensates for, or is based on the present
value of, an exemption from ad valorem taxation applicable to the property before its condemnation.
(g) Notwithstanding Subsection (d), if a portion of a tract or parcel of real property that, for the
then current tax year was appraised for ad valorem tax purposes under a law enacted under Section 1-d
or 1 -d -1, Article VIII, Texas Constitution, and is outside the municipal limits or the extraterritorial
jurisdiction of a municipality with a population of 5,000 or more is condemned for state highway purposes,
the special commissioners shall consider the loss of reasonable access to or from the remaining property
in determining the damage to the property owner.
Acts 1983, 68th Leg., p. 3504, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd
C.S., ch. 29, Sec. 1, eff. Oct. 2, 1984; Acts 1989, 71st Leg., ch. 734, Sec. 5, eff. June 15, 1989; Acts
1997, 75th Leg., ch. 165, Sec. 30.244, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 669, Sec. 117, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1266, Sec. 1.15, eff. June 20, 2003.
Amended by: Acts 2005, 79th Leg., Ch. 281, Sec. 2.94, eff. June 14, 2005. Acts 2011, 82nd Leg., R.S.,
Ch. 81, Sec. 15, eff. September 1, 2011.
Sec. 21.0421. ASSESSMENT OF DAMAGES: GROUNDWATER RIGHTS.
(a) In a condemnation proceeding initiated by a political subdivision under this chapter, the
special commissioners or court shall admit evidence relating to the market value of groundwater rights as
property apart from the land in addition to the local market value of the real property if:
(1) the political subdivision proposes to condemn the fee title of real property; and
(2) the special commissioners or court finds, based on evidence submitted at the
hearing, that the real property may be used by the political subdivision to develop or use the rights to
groundwater for a public purpose.
(b) The evidence submitted under Subsection (a) on the market value of the groundwater rights
as property apart from the land shall be based on generally accepted appraisal methods and techniques,
including the methods of appraisal under Subchapter A, Chapter 23, Tax Code.
(c) If the special commissioners or court finds that the real property may be used by the political
subdivision to develop or use the rights to groundwater for a public purpose, the special commissioners or
court may assess damages to the property owner based on:
(1) the local market value of the real property excluding the value of the groundwater in
place, at the time of the hearing; and
(2) the market value of the groundwater rights as property apart from the land at the time
of the hearing.
(d) In assessing damages based on the market, value of groundwater rights under Subsection
(c)(2), the special commissioners or court shall consider
(1) the amount of groundwater the political subdivision can reasonably be expected to
produce from the property on an annual basis;
(2) the number of years the political subdivision can reasonably be expected to produce
groundwater from the property;
(3) the quality of the groundwater;
purposes; (4) the location_ of the real property in relation to the political subdivision for conveyance
(5) any potential environmental impact of producing groundwater from the real property;
(6) whether or not the real property is located within the boundaries of a political
subdivision that can regulate the production of groundwater from the real property;
(7) the. cost of alternative water supplies to the political subdivision; and
(8) any other reasonable .factor that affects the market value of a groundwater right.
(e) This section does not:
(1) authorize groundwater rights appraised separately from the real property under this
section to be appraised separately from real property for property tax appraisal purposes; or
(2) subject real property condemned for the purpose described by Subsection (a) to an
additional tax as provided by Section 23.46 or 23.55, Tax Code.
Added. by Acts 2003, 78th Leg., ch. 1032, Sec. 2, eff. Sept. 1, 2003.
Sec. 21.043. DISPLACEMENT FROM DWELLING OR PLACE OF BUSINESS.
(a) A property owner who'is permanently physically displaced from the property owner's dwelling
or place of business and who is not entitled to reimbursement for moving expenses under another law
may recover, in addition to the property owner's other damages, the reasonable expenses of moving the
property owner's personal property from the dwelling or place of business.
(b) A recovery under this section may not exceed the market value of the property being moved.
The maximum distance of movement to be considered is 50 miles.
Acts 1983, 68th Leg., p. 3504, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.044. DAMAGES FROM TEMPORARY POSSESSION.
(a) If a court finally determines that a condemnor who .has taken possession of property pending
litigation did not have the right to condemn the property, the court may award to the property owner the
damages that resulted from the temporary possession.
(b) 'The court may order the payment of damages awarded under this section from-the award or
other money deposited with the court. However, if the award paid to or appropriated by the property
owner exceeds the court's :final determination' of the value of the property, the court shall order the
property to return the excess to the condemnor.
l
Acts 1983, 68th Leg., p. 3505, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.045. TITLE ACQUIRED. Except where otherwise expressly provided by law, the interest
acquired by a condemnor under this chapter does not include the fee simple title to real property, either
public or private. An interest acquired by a condemnor is not lost by the forfeiture or expiration of the
condemnor's charter and is subject to an extension of the charter or the grant of a new charter without a
new condemnation.
Acts 1983, 68th Leg., p. 3505, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.046. RELOCATION ASSISTANCE PROGRAM.
(a) A department, agency, instrumentality, or political subdivision of this state shall provide a
relocation advisory service for an individual, a family, a business concern, a farming or ranching
operation, or a nonprofit organization that is compatible with the Federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A. 4601, et seq.
(b) This state or a political subdivision of this state shall, as a cost of acquiring real property, pay
moving expenses and rental supplements, make relocation payments, provide financial assistance to
acquire replacement housing, and compensate for expenses incidental to the transfer of the property if an
individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit
organization is displaced in connection with the acquisition.
(c) A department, agency, instrumentality, or political subdivision of this state that initiates a
program under Subsection (b) shall adopt rules relating to the administration of the program.
(d) Neither this state nor a political subdivision of this state may authorize expenditures under
Subsection (b) that exceed payments authorized under the Federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, 42 U.S.C.A. 4601, et seq.
(e) If a person moves or discontinues the person's business, moves personal property, or moves
from the person's dwelling as a direct result of code enforcement, rehabilitation, or a demolition program,
the person is considered to be displaced because of the acquisition of real property.
Acts 1983, 68th Leg., p. 3505, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 16, eff. September 1, 2011.
Sec. 21.047. ASSESSMENT OF COSTS AND FEES.
(a) Special commissioners may adjudge the costs of an eminent domain proceeding against any
party. If the commissioners award greater damages than the condemnor offered to pay before the
proceedings began or if the decision of the commissioners is appealed and a court awards greater
damages than the commissioners awarded, the condemnor shall pay all costs. If the commissioners'
award or the court's determination of the damages is less than or equal to the amount the condemnor
offered before proceedings began, the property owner shall pay the costs.
(b) A condemnor shall pay the initial cost of serving a property owner with notice of a
condemnation proceeding. If the property owner is ordered to pay the costs of the proceeding, the
condemnor may recover the expense of notice from the property owner as part of the costs.
(c) A court that has jurisdiction of an eminent domain proceeding may tax $10 or more as a
reasonable fee for each special commissioner as part of the court costs of the proceeding.
(d) If a court hearing a suit under this chapter determines that a condemnor did not make a bona
fide offer to acquire the property from the property owner voluntarily as required by Section 21.0113, the
court shall abate the suit, order the condemnor to make a bona fide offer, and order the condemnor to
pay:
Pg-
(1) all costs as provided by Subsection (a); and
(2) any reasonable attorneys fees and other professional fees incurred by the property
owner that are directly related to the violation.
Acts 1983, 68th. Leg., p. 3506, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by: Acts 2011, . 82nd Leg., R.S., Ch. 81, Seca 17, eff.. September 1, 2011. Acts 2011, 82nd
Leg., R.S., Ch. 81, Sec. 18, eff. September 1, 2011.
Sec. 21.048. STATEMENT OF DAMAGES AND COSTS.. After the special commissioners in an eminent
domain proceeding have assessed the damages, they shall:
(1') make a written statement of their decision stating the damages, date it, sign it, and
file it and all other papers connected with the proceeding with the court on the day the decision is made or
on the next working day after the day the decision is made; and
(2) make and sign a written statement of the accrued costs of the proceeding, naming
the,party against whom the costs are adjudged, and file the statement with the court.
Acts 1983,. 68th Leg., p. 3507, ch. 576,. Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd
C.S., ch.. 18, Sec. 1(c), eff. Oct. 2, 1984.
Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS. The judge of a court hearing a
proceeding under this chapter shall inform the clerk of the court as to a decision by the special
commissioners on the day the decision 'is filed or on the next working day after the day the decision is
filed. Not later than the next working day after the day the decision is filed, the clerk shall send notice of
the decision by certified or registered United States mail, return receipt requested, to the parties in the
Proceeding, or to their attorneys of record, at their addresses of record.
Added by Acts 1984, 68th. Leg., 2nd C.S., ch. 18, Sec. 1(d), eff. Oct. 2, 1984.
SUBCHAPTER D. JUDGMENT
Sec. 21.061. JUDGMENT ON COMMISSIONERS' FINDINGS. If no party in a condemnation, proceeding
files timely objections to the findings of the special commissioners.. the judge of the court that has
jurisdiction of the proceeding shall adopt the cam missioners''findings as the judgment of the court, record
the judgment in the minutes of the court, and issue the process necessary to- enforce the judgment.
Acts 1983, 68th Leg., p. 3507, ch. 576, Sec. 1, eff. Jana 1, 1984.
Sec. 21.062. WRIT OF POSSESSION. If a condemnor in a condemnation proceeding has taken
possession of property pending .litigation and the court finally decides that the condemnor does not have
the right to condemn the property, the court shall order the condemnor to surrender possession of the
property and issue a writ of possession to the property owner.
Acts 1983, 68th Leg., p. 3507,, ch. 576, Sec. 1, eff.. Jan. 1, 1984..
Sec. 21.063.. APPEAL.
(a) The appeal of a judgment in a condemnation proceeding is as in other civil cases.
q' .
ea
(b) A court hearing an appeal from the decision of a trial court in a condemnation proceeding
may not suspend the judgment of the trial court pending the appeal.
Acts 1963, 68th Leg., p. 3507, ch. 576, Sec. 1, eff. Jan.. 1, 1984.
p jrk
AN
Sec. 21.064. INJUNCTIVE RELIEF.
(a) A court hearing a suit covered by Section 21.003 of this code may grant injunctive relief under
the rules of equity.
(b) Instead of granting an injunction under this section, a court may require a condemnor to
provide security adequate to compensate the property owner for damages that might result from the
condemnation.
Acts 1983, 68th Leg., p. 3508, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Sec. 21.065. VESTED INTEREST. A judgment of a court under this chapter vests a right granted to a
condemnor.
Acts 1983, 68th Leg., p. 3508, ch. 576, Sec. 1, eff. Jan. 1, 1984.
SUBCHAPTER E. REPURCHASE OF REAL PROPERTY FROM CONDEMNING ENTITY
Sec. 21.101. RIGHT OF REPURCHASE.
(a) A person from whom a real property interest is acquired by an entity through eminent domain
for a public use, or that person's heirs, successors, or assigns, is entitled to repurchase the property as
provided by this subchapter if:
(1) the public use for which the property was acquired through eminent domain is
canceled before the property is used for that public use;
(2) no actual progress is made toward the public use for which the property was acquired
between the date of acquisition and the 10th anniversary of that date; or
(3) the property becomes unnecessary for the public use for which the property was
acquired, or a substantially similar public use, before the 10th anniversary of the date of acquisition.
actions: (b) In this section, "actual progress" means the completion of two or more of the following
(1) the performance of a significant amount of labor to develop the property or other
property acquired for the same public use project for which the property owner's property was acquired;
(2) the provision of a significant amount of materials to develop the property or other
property acquired for the same public use project for which the property owner's property was acquired;
(3) the hiring of and performance of a significant amount of work by an architect,
engineer, or surveyor to prepare a plan or plat that includes the property or other property acquired for the
same public use project for which the property owner's property was acquired;
(4) application for state or federal funds to develop the property or other property
acquired for the same public use project for which the property owner's property was acquired;
(5) application for a state or federal permit to develop the property or other property
acquired for the same public use project for which the property owner's property was acquired;
(6) the acquisition of a tract or parcel of real property adjacent to the property for the
same public use project for which the owner's property was acquired; or
(7) for a governmental entity, the adoption by a majority of the entity's governing body at
a public hearing of a development plan for a public use project that indicates that the entity will not
complete more than one action described by Subdivisions (1) -(6) before the 10th anniversary of the date
of acquisition of the property.
(c) A district court may determine all issues in any suit regarding the repurchase of a real
property interest acquired through eminent domain by the former property owner or the owner's heirs,
successors, or assigns.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 19, eff. September 1, 2011.
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED. Not later than the 180th day
after the date an entity that acquired a real property interest through eminent domain determines that the
former property owner is entitled to repurchase the property under Section 21.101, the entity shall send
by certified mail, return receipt requested, to the property owner or the owner's heirs, successors, or
assigns a notice containing:
was acquired; (1) an identification, which is not required to be a legal description, of the property that
statement that: (2) an identification of the public use for which the property had been acquired and a
(A) the public use was canceled before the property was used for the public use;
(B) no actual progress was made toward the public use; or
(C) the property became unnecessary for the public use, or a substantially
similar public use, before the 10th anniversary of the date of acquisition; and
(3) a description of the person's right under this subchapter to repurchase the property.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 19, eff. September 1, 2011.
Sec. 21.1021. REQUESTS FOR INFORMATION REGARDING CONDEMNED PROPERTY.
(a) On or after the 10th anniversary of the date on which real property was acquired by an entity
through eminent domain, a property owner or the owner's heirs, successors, or assigns may request that
the condemning entity make a determination and provide a statement and other relevant information
regarding:
(1) whether the public use for which the property was acquired was canceled before the
property was used for the public use;
(2) whether any actual progress was made toward the public use between the date of
acquisition and the 10th anniversary of that date, including an itemized description of the progress made,
if applicable; and
(3) whether the property became unnecessary for the public use, or a substantially
similar public use, before the 10th anniversary of the date of acquisition.
(b) A request under this section must contain sufficient detail to allow the entity to identify the
specific tract of land in relation to which the information is sought.
(c) Not later than the 90th day following the date of receipt of the request for information, the
entity shall send a written response by certified mail, return receipt requested, to the requestor.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 19, eff. September 1, 2011.
Sec. 21.1022. LIMITATIONS PERIOD FOR REPURCHASE RIGHT. Notwithstanding Section 21.103,
the right to repurchase provided by this subchapter is extinguished on the first anniversary of the
expiration of the period for an entity to provide notice under Section 21.102 if the entity:
(1) is required to provide notice under Section 21.102;
(2) makes a good faith effort to locate and provide notice to each person entitled to
notice before the expiration of the deadline for providing notice under that section; and
(3) does not receive a response to any notice provided under that section in the period
for response prescribed by Section 21.103.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 19, eff. September 1, 2011.
Sec. 21.103. RESALE OF PROPERTY; PRICE.
(a) Not later than the 180th day after the date of the postmark on a notice sent under Section
21.102 or a response to a request made under Section 21.1021 that indicates that the property owner, or
the owner's heirs, successors, or assigns, is entitled to repurchase the property interest in accordance
with Section 21.101, the property owner or the owner's heirs, successors, or assigns must notify the entity
of the person's intent to repurchase the property interest under this subchapter.
(b) As soon as practicable after receipt of a notice of intent to repurchase under Subsection (a),
the entity shall offer to sell the property interest to the person for the price paid to the owner by the entity
at the time the entity acquired the property through eminent domain. The person's right to repurchase the
property expires on the 90th day after the date on which the entity makes the offer.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004.
Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81, Sec. 19, eff. September 1, 2011.
TAX CODE
TITLE 3. LOCAL TAXATION
SUBTITLE B. SPECIAL PROPERTY TAX PROVISIONS
CHAPTER 311. TAX INCREMENT FINANCING ACT
§ 311.008. POWERS OF MUNICIPALITY OR COUNTY
(a) In this section, "educational facility" includes equipment, real property, and other facilities,
including a public school building, that are used or intended to be used jointly by the municipality or
county and an independent school district.
(b) A municipality or county may exercise any power necessary and convenient to carry out this
chapter, including the power to:
(1) cause project plans to be prepared, approve and implement the plans, and otherwise
achieve the purposes of the plan;
(2) acquire real property by purchase, condemnation, or other means and sell real
property, on the terms and conditions and in the manner it considers advisable, to implement project
plans;
(3) enter into agreements, including agreements with bondholders, determined by the
governing body of the municipality or county to be necessary or convenient to implement project plans
and achieve their purposes, which agreements may include conditions, restrictions, or covenants that run
with the land or that by other means regulate or restrict the use of land; and
(4) consistent with the project plan for the zone:
(A) acquire blighted, deteriorated, deteriorating, undeveloped, or inappropriately
developed real property or other property in a blighted area or in a federally assisted new community in
the zone for the preservation or restoration of historic sites, beautification or conservation, the provision of
public works or public facilities, or other public purposes;
(B) acquire, construct, reconstruct, or install public works, facilities, or sites or
other public improvements, including utilities, streets, street lights, water and sewer facilities, pedestrian
malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational
facilities; or
(C) in a reinvestment zone created on or before September 1, 1999, acquire,
construct, or reconstruct educational facilities in the municipality.
(c) The powers authorized by Subsection (b)(2) prevail over any law or municipal charter to the
contrary.
(d) A municipality or county may make available to the public on request financial information
regarding the acquisition by the municipality or county of land in the zone when the municipality or county
acquires the land.
(e) The implementation of a project plan to alleviate a condition described by Section
311.005(a)(1), (2), or (3) and to promote development or redevelopment of a reinvestment zone in
accordance with this chapter serves a public purpose.
TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 22. COUNTY AND MUNICIPAL AIRPORTS
SUBCHAPTER B. ESTABLISHMENT, ACQUISITION, OPERATION, MAINTENANCE, AND DISPOSAL
OF AIRPORTS AND AIR NAVIGATION FACILITIES
§ 22.011. GENERAL POWERS REGARDING AIRPORTS AND AIR NAVIGATION FACILITIES
(a) A local government may plan, establish, construct, improve, equip, maintain, operate,
regulate, protect, and police an airport or air navigation facility in or outside:
(1) the territory of the local government; or
(2) the territory of this state.
(b) The power granted under Subsection (a) includes:
(1) constructing, installing, equipping, maintaining, and operating at an airport a building
or other facility, including a building or other facility for:
(A) the landing and takeoff of aircraft;
(B) cargo, freight, and mail handling, storage, and processing;
(C) the servicing or retrofitting of aircraft, aerospace aircraft, and other equipment
and vehicles related to air transportation or aerospace flight; and
(D) the comfort and accommodation of air travelers, including a facility commonly
found and provided at an airport; and
airport. (2) buying and selling goods as an incident to the operation of the local government's
9
(c) A local government, by eminent domain or any other method, may acquire an interest in
property, including an easement in an airport hazard or land outside the boundaries of an airport or airport
site:
(1) for a purpose described by Subsection (a); and
(2) as necessary to permit the safe and efficient operation of the airport or to prevent,
eliminate, or mark an airport hazard.
(d) A local government may acquire an existing airport or air navigation facility but may not
acquire or take over an airport or air navigation facility owned or controlled by another local government
or public agency of this state or another state without the consent of the other local government or the
public agency.
TRANSPORTATION CODE
TITLE 5. RAILROADS
SUBTITLE I. SPECIAL DISTRICTS
CHAPTER 172. RURAL RAIL TRANSPORTATION DISTRICTS [EFFECTIVE APRIL 1, 2011)
SUBCHAPTER D. GENERAL POWERS AND DUTIES
§ 172.159. [Effective April 1, 2011] SUITS
(a) A district may:
(1) sue and be sued;
(2) institute and prosecute suits without giving security for costs; and
(3) appeal from a judgment without giving a supersedeas or cost bond.
(b) An action at law or in equity against the district must be brought in the county in which the
principal office of the district is located, except that a suit in eminent domain must be brought in the
county in which the land is located.
TRANSPORTATION CODE
TITLE 5. RAILROADS
SUBTITLE I. SPECIAL DISTRICTS
CHAPTER 173. INTERMUNICIPAL COMMUTER RAIL DISTRICTS
SUBCHAPTER D. GENERAL POWERS AND DUTIES
§ 173.160. SUITS
(a) A district may:
(1) sue and be sued;
(2) institute and prosecute suits without giving security for costs; and
(3) appeal from a judgment without giving a supersedeas or cost bond.
(b) An action at law or in equity against the district must be brought in the county in which a
principal office of the district is located, except that a suit in eminent domain must be brought in the
county in which the land is located.
TRANSPORTATION CODE
TITLE 5. RAILROADS
SUBTITLE I. SPECIAL DISTRICTS
CHAPTER 174. COMMUTER RAIL DISTRICTS
SUBCHAPTER D. GENERAL POWERS AND DUTIES
§ 174.159. SUITS
(a) A district may:
(1) sue and be sued;
(2) institute and prosecute suits without giving security for costs; and
(3) appeal from a judgment without giving a supersedeas or cost bond.
b) An action at law or in equity against the district must be brought in the county in which a
principal office of the district is located, except that a suit in eminent domain involving an interest in land
must be brought in the county in which the land is located.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE A. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 203. MODERNIZATION OF STATE HIGHWAYS; CONTROLLED ACCESS HIGHWAYS
SUBCHAPTER D. ACQUISITION OF PROPERTY
§ 203.065. ACQUISITION OF FREEWAY BY COUNTY COMMISSIONERS COURT.
(a) A county commissioners court may acquire by gift, devise, purchase, or condemnation a
property necessary to lay out, construct, maintain, or operate a section of a state highway as a freeway.
(b) In this section, "freeway" has the meaning assigned by Section 203.064(b).
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE B. STATE HIGHWAY SYSTEM
CHAPTER 224. ACQUISITION, CONSTRUCTION, AND MAINTENANCE
SUBCHAPTER A. ACQUISITION GENERALLY
§ 224.002. ACQUISITION BY COUNTY OR MUNICIPALITY GENERALLY
(a) A county or municipality shall acquire, in the manner provided by law, the highway right -of-
way that is requested by the department.
(b) Chapter 21, Property Code, governs the procedure for an acquisition by eminent domain.
§ 224.003. ACQUISITION BY COMMISSIONERS COURT
(a) The commissioners court of a county may acquire by purchase or eminent domain any real
property, including a right -of -way, or material, including timber, earth, stone, or gravel, that the
commission determines is necessary or convenient to a state highway to be constructed, reconstructed,
maintained, widened, straightened, or extended. Real property acquired for streambed diversion may not
exceed 100 feet in width.
(b) The commission shall furnish to the commissioners court the plats or field notes of the real
property and the description of any required materials. After receiving the plats, notes, or description, the
commissioners court may make the acquisition In accordance with those documents.
(c) The acquisition is on behalf of the state with title to the State of Texas.
(d) The commissioners court may exercise the power of eminent domain within the limits of a
municipality only with the prior consent of the municipality's governing body.
(e) The county may pay for the acquisition from the county road and bridge fund, a special road
fund, or any other available county fund.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 251. GENERAL COUNTY AUTHORITY RELATING TO ROADS AND BRIDGES
SUBCHAPTER A. GENERAL PROVISIONS
§ 251.006. OBTAINING MATERIAL FOR PUBLIC ROADS
(a) The commissioners court of a county may condemn material necessary to construct, repair,
or maintain public roads if the owner of the material rejects the price that the court determines to be a fair
price.
(b) The commissioners court shall appoint commissioners to condemn the material. A
condemnation commissioner is entitled to a fee of $2 for each day of service. The fee shall be paid on
order of the commissioners court from the same fund from which payment for the materials is made.
(c) The condemnation commissioners shall hold a hearing to set a fair and reasonable value
for the material according to the current method for pricing or valuing the material. The compensation
awarded by the condemnation commissioners for the material shall be paid to the owner of the material or
deposited with the county treasurer to the owner's credit. When the payment or deposit is made, the
county has the right to enter on and use the material.
(d) If the owner of the material or the county is not satisfied with the compensation awarded,
the owner or county may appeal the award in the manner provided for appeal of a condemnation case.
(e) Payment for material needed for the general system of county roads shall be made from
the county road and bridge fund or from the proceeds of any county bond issue. Payment for material to
be used for the benefit of a defined district or political subdivision of the county shall be made from the
district or subdivision's funds derived from the sale of bonds or the collection of special taxes.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 251. GENERAL COUNTY AUTHORITY RELATING TO ROADS AND BRIDGES
SUBCHAPTER B. ESTABLISHING AND CLOSING ROADS
§ 251.051. GENERAL AUTHORITY OF COMMISSIONERS COURT
(a) The commissioners court of a county shall:
(1) order that public roads be laid out, opened, discontinued, closed, abandoned,
vacated, or altered; and
(2) assume control of streets and alleys in a municipality that does not have an active de
facto municipal government.
(b) A unanimous vote of the commissioners court is required to:
(1) close, abandon, or vacate a public road; or
(2) alter a public road, except to shorten it from end to end.
(c) The commissioners court of a county may not discontinue a public road until a new road
designated by the court as a replacement is ready to replace it.
(d) The commissioners court may not discontinue, close, or abandon an entire first -class or
second -class road unless the road has been vacated or unused for at least three years.
x
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 251. GENERAL COUNTY AUTHORITY RELATING TO ROADS AND BRIDGES
SUBCHAPTER D. ACQUISITION OF RIGHT -OF -WAY FOR COUNTY ROADS
§ 251.101. CONDEMNATION FOR COUNTY ROAD IN MUNICIPALITY
(a) A county may exercise the power of eminent domain in a municipality with the prior consent of
the governing body of the municipality to condemn and acquire real property, a right -of -way, or an
easement in public or private real property that the commissioners court determines is necessary or
convenient to any road that forms or will form a connecting link in the county road system or in a state
highway.
(b) This section does not authorize the condemnation of property used for cemetery purposes.
(c) A condemnation proceeding under this section must be instituted under the direction of the
commissioners court and in the name of the county. The procedure established by Chapter 21, Property
Code, governs condemnation under this section.
(d) An appeal from the finding and assessment of damages by the condemnation commissioners
may not suspend work by the county in connection with which the real property, right -of -way, or easement
is sought to be acquired. In an appeal, the county is not required to give a bond for costs or other
purposes.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 254. DRAINAGE ON PUBLIC ROADS
§ 254.005. AUTHORITY TO PROVIDE DRAINAGE
(a) The commissioners court of a county may order the construction or maintenance of ditches
as provided by this chapter at any regular session of the court.
(b) If a ditch is constructed under this chapter, the ditch must be placed on or within the
exterior lines of a public road in the county and must have the capacity to carry off into a natural waterway
all surface water reasonably adjacent that may collect in the ditch from natural causes.
(c) The commissioners court shall:
(1) make a drain on each side of a public road when necessary and use the dirt from
the drain excavation to build the road; and
(2) drain a public road when necessary and have one or more ditches cut for that
purpose, taking into account the natural waterflow and causing as little damage as possible to adjacent
property owners.
(d) In connection with its authority to construct and maintain ditches, the commissioners court
may construct any necessary side, lateral, spur, or branch ditch.
(e) The commissioners court may acquire by purchase or condemnation any new or wider
right -of -way not wider than 100 feet for streambed diversion and drainage channels, but only for locating,
constructing, or maintaining a county road. The cost of acquisition may be paid from the county road and
bridge fund or any available county money.
(f) If damages are suffered by a property owner, the commissioners court shall determine the
damages and pay the property owner out of the county general fund. If the commissioners court and the
property owner disagree as to the amount of damages, the amount may be determined by civil suit.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 280. MISCELLANEOUS PROVISIONS
§ 280.001. CONDEMNING RAILROAD ROADBED
The commissioners court of a county may condemn a railroad roadbed on the petition of at least 20
freeholders of an unincorporated community for the purpose of opening, widening, or extending a street in
the community.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 281. ACQUISITION OF PUBLIC INTEREST IN PRIVATE ROAD BY CERTAIN COUNTIES
§ 281.002. ACQUISITION OF PUBLIC INTEREST IN PRIVATE ROAD.
A county may acquire a public interest in a private road only by:
(1) purchase;
(2) condemnation;
(3) dedication; or
(4) a court's final judgment of adverse possession.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 282. TOLL UNDERPASS OR TUNNEL IN CERTAIN COUNTIES
§ 282.011. CONDEMNATION OF RIGHT -OF -WAY OR EASEMENT
A county may condemn a right -of -way or easement in real property necessary to construct an underpass,
tunnel, or approach
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 283. CAUSEWAYS, BRIDGES, AND TUNNELS IN CERTAIN COUNT
SUBCHAPTER A. GENERAL PROVISIONS
§ 283.003. GENERAL AUTHORITY TO ACT
(a) Except as provided in Subsection (b), a county acting through its commissioners court may:
(1) construct, acquire, improve, operate, and maintain a project;
(2) authorize by resolution and issue revenue bonds, including interim bonds, to pay
the cost of construction, acquisition, or improvement of the project; and
(3) accept a loan, gift, or grant from this state or the United States and enter into any
agreement necessary to obtain the loan, gift, or grant.
(b) A county may not construct a bridge that traverses a ship channel or waterway with a
maintained depth of 20 feet or more.
(c) Except as provided by Section 283.104, a county may act as authorized by this chapter
without the consent, approval, supervision, or regulation of the state.
chapter. (d) A county performs an essential governmental function when it acts as authorized by this
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 283. CAUSEWAYS, BRIDGES, AND TUNNELS IN CERTAIN COUNT
SUBCHAPTER B. PROVISIONS RELATING TO A PROJECT
§283.101. ACQUISITION OF PROPERTY
(a) A county acting under this chapter may enter on land, water, or other premises to make a
survey, sounding, or examination of the property.
(b) When a condemnation proceeding is filed by a county, the county may take immediate
possession of the property being condemned pending the results of the proceeding if the county tenders
a bond or other security approved by the court that is sufficient to secure the property owner for damages
to the property.
(c) The state grants to a county any easement or right -of -way traversing state property that is
necessary or convenient to the construction, acquisition, or efficient operation of a project.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLED. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 284. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND HIGHWAYS IN
CERTAIN COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 284.003. PROJECT AUTHORIZED; CONSTRUCTION, OPERATION, AND COST
(a) A county, acting through the commissioners court of the county, or a local government
corporation, without state approval, supervision, or regulation, may:
(1) construct, acquire, improve, operate, maintain, or pool a project located:
(A) exclusively in the county;
(B) in the county and outside the county, or
(C) in one or more counties adjacent to the county;
(2) issue tax bonds, revenue bonds, or combination tax and revenue bonds to pay
the cost of the construction, acquisition, or improvement of a project;
(3) impose tolls or charges as otherwise authorized by this chapter;
(4) construct a bridge over a deepwater navigation channel, if the bridge does not
hinder maritime transportation;
(5) construct, acquire, or operate a ferry across a deepwater navigation channel;
(6) in connection with a project, on adoption of an order exercise the powers of a
regional mobility authority operating under Chapter 370; or
(7) enter into a comprehensive development agreement with a private entity to
design, develop, finance, construct, maintain, repair, operate, extend, or expand a proposed or existing
project in the county to the extent and in the manner applicable to the department under Chapter 223 or
to a regional tollway authority under Chapter 366.
(b) The county or a local government corporation may exercise a power provided by
Subsection (a)(6) only in a manner consistent with the other powers provided by this chapter. To the
extent of a conflict between this chapter and Chapter 370, this chapter prevails.
(c) A project or any portion of a project that is owned by the county and licensed or leased to a
private entity or operated by a private entity under this chapter to provide transportation services to the
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general public is public property used for a public purpose and exempt from taxation by this state or a
political subdivision of this state.
(d) If the county constructs, acquires, improves, operates, maintains, or pools a project under
this chapter, before December 31 of each even - numbered year the county shall submit to the department
a plan for the project that includes the time schedule for the project and describes the use of project
funds. The plan may provide for and permit the use of project funds and other money, including state or
federal funds, available to the county for roads, streets, highways, and other related facilities in the county
that are not part of a project under this chapter. A plan is not subject to approval, supervision, or
regulation by the commission or the department, except that:
(1) any use of state or federal highway funds must be approved by the commission;
department; and (2) any work on a highway in the state highway system must be approved by the
highway system. (3) the department shall supervise and regulate work on a highway in the state
(e) Except as provided by federal law, an action of a county taken under this chapter is not
subject to approval, supervision, or regulation by a metropolitan planning organization.
(f) The county may enter into a protocol or other agreement with the commission or the
department to implement this section through the cooperation of the parties to the agreement.
(g) An action of a county taken under this chapter must comply with the requirements of
applicable federal law. The foregoing compliance requirement shall apply to the role of metropolitan
planning organizations under federal law, including the approval of projects for conformity to the state
Implementation plan relating to air quality, the use of toll revenue, and the use of the right -of -way of and
access to federal -aid highways. Notwithstanding an action of a county taken under this chapter, the
commission or department may take any action that is necessary in its reasonable judgment to comply
with any federal requirement to enable the state to receive federal -aid highway funds.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 284. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND HIGHWAYS IN
CERTAIN COUNTIES
SUBCHAPTER C. CONSTRUCTION AND OPERATION
§ 284.061. ACQUISITION OF PROPERTY
(a) To acquire property useful in connection with a project, a county may enter on any real
property, water, or premises to make a survey, sounding, or examination.
chapter. (b) A county may acquire by eminent domain property to use in or useful for a project under this
(c) Except as provided by Section 284.0615, if applicable, the county is entitled to immediate
possession of property subject to a condemnation proceeding brought by the county after:
damages; and (1) a tender of a bond or other security in an amount sufficient to secure the owner for
(2) the approval of the bond or security by the court.
(d) Subject to the reimbursement requirements of Section 373.102, a county has full easements
and rights -of -way through, across, under, and over any property owned by this state that are necessary or
convenient to construct, acquire, or efficiently operate a project under this chapter.
1
§ 284.066.. OPERATING BOARD
(a) A commissioners court may appoint an operating board if the commissioners. court determines
that a project under this chapter could be developed, constructed, operated, and managed better and
more efficiently by an operating board.
(b) Except as provided by Subsections.(c) and (d), an operating board has the same authority as
the commissioners court, including the power of eminent domain, regarding the development,
construction, operation, and management of a project under this chapter.
(c) The operating board's authority is subject to the limitations prescribed by the commissioners
court.
(d) An operating board may not:
(1) impose a tax or borrow money; or
(2) exercise, the authority of the commissioners court under Section 284.071 except as
provided by order of the commissioners court.
§ 284.067. PROJECTS EXTENDING .INTO OTHER COUNTIES.
(a) A county may not construct or acquire a project that is financed under this chapter and any
part of which is in another county until the commissioners court of the other county adopts a resolution
consenting to the construction or acquisition.
(b), A part of a project that has not been designated as part of the state highway system and
that is not a .turnpike project as .defined in. Chapter 361 is .a part of the county road system of the county in
which the part is located. A law relating to the maintenance and operation of a county road applies to a
project constructed or acquired under this chapter to the extent the law does not conflict with: this chapter.
(c) Any county into which the project:extends, by condemnation. or another method under
general law, may acquire the property necessary for the project, except that a county may.not condemn
property in another county until after the resolution required by Subsection (a) is adopted. The county
,issuing the bonds may use the bond proceeds to acquire property necessary for the project in any county
into.which the project extends.
(d) Payment of the. purchase price, award, or other cost of the project may be on, the terms to
which the commissioners, courts of the county issuing the bonds and the other county or counties agree.
Proceeds from bonds issued under this chapter may be used to pay a cost incurred under this section.
(e) Two- tenths of one percent of the toll revenue shall be shared equally between the
permanent school fund and the General Land Office. The General Land Office shall use its share for the
acquisition of real property in a natural state in the county of the project. The acquired land shall be
maintained in a natural state.
TRANSPORTATION CODE
TITLE 6. ,ROADWAYS
SUBTITLE G. TURNPIKES AND TOLL PROJECTS
CHAPTER 364. TOLL BRIDGES IN COUNTIES BORDERING THE RIO GRANDE
SUBCHAPTER B. ADMINISTRATION OF TOLL BRIDGES
§ 364.022. MAINTENANCE AND OPERATION OF TOLL BRIDGES
(a) A county through the commissioners court of the county.may own, hold, control, maintain, and
operate the toll bridge and may make or provide for any repairs or improvements to the bridge. To carry
out this subsection, the county may acquire property by eminent domain under general law.
(b) The county may:
toll bridge; and (1) renew or extend an existing franchise or obtain a new or additional franchise for the
(2) render services to the public and to the users of the toll bridge.
(c) To accomplish the purposes of this section, the county may enter into and carry out a contract,
agreement, or undertaking of any kind required by the United States or the United Mexican States or a
department, officer, governmental agency, or public authority of the United Mexican States.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE K. MASS TRANSPORTATION
CHAPTER 457. COUNTY MASS TRANSIT AUTHORITY
SUBCHAPTER C. POWERS OF AUTHORITY
§ 457.106. USE AND ACQUISITION OF PROPERTY OF OTHERS
(a) An authority may not alter or damage any property of this state or a political subdivision of this
state or owned by a person rendering public services and may not disrupt services being provided by
others or inconvenience in any other manner an owner of property, without first having obtained:
(1) the written consent of the owner; or
(2) the right from the governing body of the municipality to take the action under the
municipality's power of eminent domain.
(b) An authority may agree with an owner of property to provide for:
(1) a necessary relocation or alteration of property by the owner or a contractor chosen
by the owner; and
(2) the reimbursement by the authority to the owner of the costs incurred by the owner in
making the relocation or alteration.
(c) The authority shall pay the cost of any relocation, rerouting, or other alteration in the
construction made under this chapter and is liable for any damage to property occurring because of the
change.
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE K. MASS TRANSPORTATION
CHAPTER 460. COORDINATED COUNTY TRANSPORTATION AUTHORITIES
SUBCHAPTER C. POWERS OF AUTHORITY
§ 460.107. ACQUISITION OF PROPERTY
(a) As necessary or useful in the construction, repair, maintenance, or operation of a public
transportation system, an authority may use a public way, including an alley.
(b) An authority may acquire by eminent domain any interest in real property, including a fee
simple interest and the use of air or subsurface space, except the right of eminent domain may not be
exercised:
(1) in a municipality without the approval of the proposed acquisition by the governing
body of the municipality; or
(2) in an unincorporated area without the approval of the proposed acquisition by the
�7/
commissioners court of the county in which the property to be condemned is located.
(c) If an.authority, through the exercise of eminent makes any relocation necessary, the
.relocation costs shall be paid by the authority.
(d) An eminent domain proceeding by an authority is initiated by the adoption by the executive
committee of a resolution authorizing the exercise that:
(1) describes the property to be condemned;
(2) declares the public necessity for the acquisition; and
(3) declares that the acquisition is necessary for the construction, extension,
improvement, or development of the public transportation system.
(e) A resolution adopted under this section and approved by the appropriate municipal governing,
body or commissioners court is conclusive:,evidence of the public necessity for the acquisition described
in the resolution.
(f) Chapter 21, Property Code, applies to an eminent domain proceeding by an authority.
[Although most special districts created under Title 4 of the Water Code are independent of a county after
creation, levee improvement districts may be created by a commissioners court without an election, and a
levee improvement district's'' board may be appointed by the commissioners court. Therefore, these
Provisions of the Water Code are included.]
UTILITIES CODE
TITLE 4. DELIVERY OF UTILITY SERVICES
SUBTITLE UTILITY CORPORATIONS AND OTHER PROVIDERS
CHAPTER 163. JOINT POWERS AGENCIES
SUBCHAPTER B. COOPERATION BY PUBLIC AND PRIVATE ENTITIES
§ 163.013. GENERAL RIGHTS, POWERS, AND DUTIES OF ENTITIES
(a) A participating entity may:
(1) use-its means and assets to plan, acquire, construct, own, operate,,and maintain
its interest in, an electric facility;
(2) issue bonds and other securities to raise money for a, purpose described by
Subdivision (1) in the same manner and to the same extent and subject to the same conditions as would
be applicable if the entity had sole ownership of the electric facility;
(3) acquire, for the use and benefit of each participating entity, land, easements and
property for an electric facility by purchase -or by exercising the power of domain; and
(4) transfer or otherwise convey the acquired land, property, or property interest, or
otherwise cause the land,, property, or interest to become vested in other participating entities to the
extent to which and in the manner in which the participating entities agree.
(b) Each participating entity is a cotenant or co -owner of the electric facility and in relation, to
the entity's undivided interest in the facility has each right, privilege, exemption, power, duty, and liability
the entity would have had if the entity had sole ownership.
§ 163.014. USE OF EMINENT DOMAIN
(a) A participating entity has the power of eminent domain to be exercised as provided by this
section.
(b) The use of eminent domain authority by a participating entity is governed by the law
relating to an eminent domain proceeding involving a municipality in this state.
(c) A participating entity may acquire a fee title to the condemned real property.
(d) A participating entity may not use eminent domain authority to acquire:
(1) an interest in an electric facility that belongs to another entity; or
(2) an interest in real property to drill, mine, or produce from that property oil, gas,
geothermal resources, geothermallgeopressured resources, or lignite, coal, sulphur, uranium, plutonium,
or other minerals that belong to another person regardless of whether the material is in place or is in the
process of being drilled, mined, or produced.
(e) Subsection (d) does not affect the authority of a participating entity to acquire full title to
real property for a plant site and any related surface installation or equipment, including a cooling
reservoir.
WATER CODE
TITLE 2. WATER ADMINISTRATION
SUBTITLE B. WATER RIGHTS
CHAPTER 11. WATER RIGHTS
SUBCHAPTER B. RIGHTS IN STATE WATER
§ 11.033. EMINENT DOMAIN
The right to take water necessary for domestic and municipal supply purposes is primary and
fundamental, and the right to recover from other uses water which is essential to domestic and municipal
supply purposes is paramount and unquestioned in the policy of the state. All political subdivisions of the
state and constitutional governmental agencies exercising delegated legislative powers have the power of
eminent domain to be exercised as provided by law for domestic, municipal, and manufacturing uses and
for other purposes authorized by this code, including the irrigation of land for all requirements of
agricultural employment.
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 49. PROVISIONS APPLICABLE TO ALL DISTRICTS
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 49.066. SUITS
(a) A district may sue and be sued in the courts of this state in the name of the district by and
through its board. A suit for contract damages may be brought against a district only on a written contract
of the district approved by the district's board. All courts shall take judicial notice of the creation of the
district and of its boundaries.
(b) Any court in the state rendering judgment for debt against a district may order the board to
levy, assess, and collect taxes or assessments to pay the judgment.
(c) The president or the general manager of any district shall be the agent of the district on whom
process, notice, or demand required or.permitted by law to be served upon the district may be served.
(d) Except as provided in Subsection (e), no suit may be instituted in any court of this state
contesting:
(1) the validity of the creation and boundaries of a district created under this code;
(2) any bonds or other obligations created under this code; or
(3) the validity or the authorization of a contract with the United States by the district.
(e) The matters listed in Subsection (d) may be judicially inquired Into at any time and determined
in any suit brought by the State of Texas through the attorney general. The action shall be brought on
good cause shown, except where otherwise provided by other provisions of this code or by the Texas
Constitution. It is specifically provided, however, that no such proceeding shall affect the validity of or
security for any bonds or other obligations theretofore issued by a district if such bonds or other
obligations have been approved by the attorney general as provided by Section 49.184.
(f) A district or water supply corporation shall not be required to give bond for appeal, injunction,
or costs in any suit to which it is a party and shall not be required to deposit more than the amount of any
award in any eminent domain proceeding.
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 49, PROVISIONS APPLICABLE TO ALL DISTRICTS
SUBCHAPTER H. POWERS AND DUTIES
§ 49.222. EMINENT DOMAIN
(a) A district or water supply corporation may acquire by condemnation any land, easements, or
other property inside or outside the district boundaries, or the boundaries of the certificated service area
for a water supply corporation, necessary for water, sanitary sewer, storm drainage, or flood drainage or
control purposes or for any other of its projects or purposes, and may elect to condemn either the fee
simple title or a lesser property interest.
(b) The right of eminent domain shall be exercised in the manner provided in Chapter 21,
Property Code, except that a district or a water supply corporation shall not be required to give bond for
appeal or bond for costs in any condemnation suit or other suit to which it is a party and shall not be
required to deposit more than the amount of any award in any suit.
(c) The power of eminent domain may not be used for the condemnation of land for the purpose
of acquiring rights to underground water or of water or water rights.
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 49. PROVISIONS APPLICABLE TO ALL DISTRICTS
SUBCHAPTER H. POWERS AND DUTIES
§ 49.224. POWER TO CONDEMN CEMETERIES
(a) The use of land for the construction of district dams and creation of lakes and reservoirs for
the purpose of conservation and development of the natural resources of this state is hereby declared to
be superior to all other uses, and for these purposes only a district has the power of eminent domain to
acquire land, improvements, and other property owned and held for cemeteries or burial places
necessary for the construction of a dam or that lies inside the area to be covered by the lake or reservoir
or within 300 feet of the high water line of the lake or reservoir.
(b) Except as otherwise provided by this subchapter, the procedure in condemnation proceedings
is governed by Chapter 21, Property Code.
(c) Notice shall be served on the title owner of the land on which the cemetery is situated as
provided in Chapter 21, Property Code. General notice to persons having relatives interred in the
cemetery shall be given by publication for two consecutive weeks in a newspaper circulated in the county
in which the cemetery is situated.
(d) The measure of damages in these eminent domain proceedings shall be assessed as in other
condemnation cases. An additional amount of damages shall be assessed to cover the cost of removing
and reinterring the bodies interred in the cemetery or burial place and the cost of removing and resetting
the monuments or markers erected at the graves.
(e) The additional assessment shall be deposited in the registry of the county court and disbursed
only for the purpose of removing and reinterring the bodies in other cemeteries in Texas agreed on
between the district and the relatives of the deceased persons.
(f) if in any case the district and the relatives of a deceased person cannot agree within 30 days
on a cemetery for reinterment, or no relatives appear within that time, then the county judge shall
designate the cemetery for reinterment.
(g) Instead of depositing the additional assessment in the registry of the court, the district may
execute a bond sufficient to cover costs of removing and reinterring the bodies. The bond shall be
payable to and approved by the county judge and conditioned that the bodies will be removed and
reinterred as provided by this section.
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 57. LEVEE IMPROVEMENT DISTRICTS
SUBCHAPTER H. TAX PROVISIONS
§ 57.269. HEARING; JUDGMENT
(a) An owner of land or other property affected by the report of the commissioners of
appraisement or by the engineer's report may file an objection to any or all parts of the report of the
commissioners of appraisement at or before the hearing on the report.
(b) A person on whose land no damages have been assessed and who believes that his land will
be damaged by prosecution of the engineer's report may file with the secretary of the board a claim for
damages.
(c) The commissioners of appraisement, at the time and place named in the notice, shall hear
and decide all objections and claims for damages and may make changes and modifications in the report.
(d) The commissioners of appraisement may adjourn the hearing from day to day.
(e) After modifying the report to conform to the changes decided on at the hearing, the
commissioners of appraisement shall make a decree confirming the report as modified.
(f) If necessary the commissioners shall condemn and adjudge damages for land inside or
outside the district that is needed for right -of -way or other purposes.
manner. (g) The commissioners shall adjudge and apportion costs incurred on the hearing in an equitable
(h) The findings of the commissioners of appraisement as to benefits is final and conclusive.
(i) The secretary shall record the findings of benefits in the minutes of the board and shall file
certified copies of the findings with the county clerk of each county in which any portion of the land inside
the district is located. The filing is notice to all persons of the contents of the decree.
TEXAS CIVIL STATUTES
TITLE 116. ROADS, BRIDGES, AND FERRIES
Art. 6812b. Counties of 198,000 to 400,000 Population
Rules, Regulations, Plans and System
Sec. 1. In all counties in this State having a population of more than one hundred and ninety -eight
a
thousand (198,000) inhabitants, and less than four hundred thousand (400,000) inhabitants according to
the last preceding Federal Census, and wherein is situated an incorporated city having a population in
excess of two hundred and fifty thousand (250,000) inhabitants according to the last preceding Federal
Census, the Commissioners Court of such counties shall have full power and authority, and it shall be its
duty to adopt, at a meeting of said court of which the county judge and at least three (3) of the county
commissioners of said counties shall be present and cause to be recorded in the minutes of said court,
and put into effect such rules, regulations, plans and system for the maintenance, laying out, opening,
widening, draining, grading, constructing, building and repairing of the public roads of said counties, other
than the State highways located therein, as the available funds of the counties will permit so as to
facilitate travel between the communities thereof, subject to and in harmony with the duties of the county
engineer as herein specified. Where such rules, regulations, plans and system have already been
adopted by the Commissioners Court of such counties and are of record, it shall not be necessary to
repeat the same In the absence of public necessity therefor, but same may be amended and
supplemented from time to time as the public needs may require.
County Engineer
Sec. 2. The Commissioners Court of each such county shall appoint a county engineer, but the selection
shall be controlled by considerations of skill and ability for the task; such engineer may be selected at any
regular meeting of the Commissioners Court, or at any special meeting called for that purpose, and such
engineer shall hold his office for a period of two (2) years, his term of office expiring concurrently with the
terms of other county officers, but may be removed at the pleasure of the Commissioners Court. Such
engineer shall receive a salary to be fixed by the Commissioners Court not to exceed Ten Thousand
Dollars ($ 10,000) per year, to be paid out of the second -class road and bridge fund, such engineer
before entering upon the discharge of his duties, shall take the oath of office prescribed by law, and shall
execute a bond in the sum of Fifteen Thousand Dollars ($ 15,000), with a good and sufficient surety or
sureties thereon, payable to the county judge of said county and his successors in office in trust, for the
use and benefit of the road and bridge fund of said county, to be approved by the court, conditioned that
such engineer will faithfully and efficiently discharge and perform all of the duties required of him by law
and by the orders of said Commissioners Court and shall faithfully and honestly and in due time, account
for all the money, property and materials placed in his custody.
Classification and Record of Roads
Sec. 3. The county engineer shall, under the direction of the Commissioners Court, and as soon as
practicable, classify all public roads in such county, and such classification when completed, and when
approved by the court, shall become a part of the permanent records, of roads and bridges, of said
counties. He shall prepare a suitable map on which shall be delineated in appropriate colors the various
roads which shall be designated as first, second and third class roads; said map shall show to which
class each road belongs and the nature of its construction. He shall make a complete indexed record of
each county road in the county, together with all bridges; said records shall show when each county road
was dedicated to the use of the public, a complete description as to location, measured length, width of
right of way, character of construction and terminals of same.
Each road shall be indexed in said record by the same number and name as it is delineated on said map.
As new roads are opened and improved, and the existing roads are widened or improved so as to change
their class, such facts shall be added to the record of such roads in the "Records of Roads." Such
information shall be made available to the public; provided, however, that any omission in respect to the
above requirement shall not invalidate any contract for the construction or repair of any road or highway
in said county, and where such classification, records and indexes have heretofore been prepared there
shall be no necessity to repeat the same in the absence of public necessity therefor, but same may be
amended, added to or taken from as the facts and public need may demand.
Inventory and Appraisal of Equipment; Disposal and Purchase
Sec. 4. The county engineer shall at the end of every three (3) months, acting in conjunction with the
county purchasing agent of said county, make a complete inventory and appraisement of all tools,
machinery, equipment, materials, trucks, cars, and other property owned by the second -class road and
bridge fund, and transmit the same in written form to the Commissioners Court and the county auditor,
which written report shall be kept as a "Permanent Inventory Record" by the county auditor, and when
any of said tools, machinery, trucks, cars and other property and equipment become unusable, the
Commissioners Court shall enter an order upon the minutes of the court, stating such facts and the
reason for disposing of such equipment and shall have authority to dispose of same as it deems best.
When in its opinion it is necessary to purchase other machinery, supplies, tools and other equipment and
materials, the Commissioners Court shall enter an order on the minutes showing the necessity therefor.
All equipment purchased or acquired as herein specked, shall be shown on the "Permanent Inventory
Record."
Employees
Sec. 5. The Commissioners Court shall employ all help necessary for the discharge of their public service
Such employees shall receive such compensation as may be fixed by the court, but in all such cases an
order shall be passed and entered on the minutes of the court, showing in each case the public necessity
for such employment and the amount of compensation to be paid each employee and the fund out of
which it is to be paid.
Daily Time Sheet
Sec. 6. The engineer shall keep, or cause to be kept, in duplicate a daily time sheet which shall show the
amount of time and the character of work performed and the place where the same is performed by each
person working for the county on road maintenance or construction, and such other records in connection
therewith as the Commissioners Court and the county auditor may require, one (1) copy of which shall be
furnished the county auditor, and one (1) copy shall be retained in the office of the engineer.
Master Plan
Sec. 7. The county engineer shall, when funds are available and when authorized by the Commissioners
Court to do so, make a careful and thorough survey of all roads at that time opened and constructed with
a view of determining what new roads and connections of roads should be opened and constructed, as
well as what roads should be widened and improved. In making such survey, he shall take into
consideration the convenience of the traveling public, and especially the convenience of the citizenship of
the county, so that each community or part of the county shall have easy and practical connection with
the other and with the State highway system of roads in said county, thereby furnishing to the citizenship
of the county a convenient means of ingress and egress into and out of every city and town, as well as
every other community in the county. The roads indicated in such surveys to be opened and constructed,
as well as existing roads that are designated to be widened and improved, shall be located and
designated with a view of giving the entire county an efficient road system. The Commissioners Court
shall, in selecting roads or new roads, as well as the improvement of existing roads, look to the density of
the population, the amount of traffic that will normally flow over such roads. Such survey, when completed
by the engineer, and when adopted by the Commissioners Court at a regular meeting thereof, shall be
known as the "Master Plan." When such "Master Plan" has been completed, and adopted by the court as
herein stipulated, the same shall be made in permanent record form and kept by the county engineer, and
after such adoption, all new construction, widening and permanent improvement shall be done in
accordance with such "Master Plan" with a view of ultimately completing the same, both as to location
and character of construction. The construction and completion of said "Master Plan" shall proceed as the
available funds of the county will permit, and each unit of such construction shall be made in accordance
with such "Master Plan." The order in which the roads projects in the construction of said "Master Plan"
are constructed shall be determined by the county engineer, with the approval of the Commissioners
Court and in determining the priority of roads or projects, .the engineer and court shall take into
consideration the necessity and convenience of the public and shall give priority to those roads or
projects that will result in the greatest service to the greatest number of the citizenship of the county,
looking at all times to the entire county as a unit and wholly disregarding precinct lines.
g ,77
Adoption and Alteration of Master Plan
Sec. B. The Commissioners Court shall, when said "Master Plan" is submitted to them for adoption, or if
after adoption an amendment or change thereto shall be deemed advisable, set a date at a regular
meeting of the Commissioners Court called for that purpose, and give public notice thereof at least two
(2) weeks in advance of such meeting and the purpose thereof, inviting the citizenship of the county to be
present and protest any part of said "Master Plan" and also to make such suggestions as they deem
pertinent in connection with same, or any change therein, but the decision of the Commissioners Court
shall become and be final and conclusive as to said "Master Plan ", and no succeeding Commissioners
Court shall have the power or authority to alter and /or change or amend any of the provisions thereof
except by unanimous vote of the Commissioners Court. Provided, that where such "Master Plan" has
once been adopted, there shall be no necessity to repeat the same in absence of public necessity
therefor, but same may be amended and altered when public necessity therefor is shown, and after notice
is given as hereinabove provided.
Subdivisions and Additions
Sec. 9. Many subdivisions and additions, for residential, industrial and commercial purposes, lying and
being outside the corporate limits of any city, town or village, have in recent years been platted and such
plats and dedications approved by Commissioners Courts and filed for record in such counties. And many
more such subdivisions will hereafter be prepared and submitted to Commissioners Courts of said
counties. The platting and dedicating of such additions and the consequent sale of lots in such
subdivisions have caused the rapid development of such subdivisions and consequent increase of traffic
in, on and along the dedicated streets in said additions and subdivisions, and it shall be the duty of the
county engineer and the Commissioners Court to cause the "Master Plan" to be conformed to such needs
and demands of such subdivision by constructing adequate highways leading from such subdivisions to
the county seat, provided that from and after the passage of this Act the Commissioners Court, before
approving the plat or plan of any subdivision lying outside the corporate limits of any city, town or village,
as required by Article 6626 of the Revised Civil Statutes of the State of Texas, 1925, as amended, shall
require such subdivider to enter into a written contract and agreement with the county that such
subdivider or dedicator will grade, and gravel, all streets and provide all necessary drainage structures
within such tract of land so subdivided. Such street improvements and drainage structures shall be in
accordance with standard plans and specifications prepared by the county engineer. Such contract shall
be for the benefit of any person or persons, firm or corporation who may thereafter acquire by purchase
or otherwise any lot or lots in said addition or subdivision, and the faithful performance of said contract as
to the initial improvements of said streets shall be deemed a part of the consideration paid for said lot and
be read into the contract of sale of same, and such contract shall be enforceable at the instance, and suit
if necessary, of the owner or owners of any of said lot or lots in a given subdivision suing singly or as a
group or class. After such initial street improvements have been completed in accordance with such
plans, said streets then become and remain a part of the county road system and shall be maintained by
the county unless and until included within the corporate limits of some city, town or village capable of
maintaining its own streets.
Payment of Employees
Sec. 10. It shall be the duty of the county auditor to compute the pay for all employees under the court's
supervision from time sheets furnished him by the engineer, and no check or warrant shall be issued in
favor of any such employee without the approval of such auditor. It shall be the duty of said auditor to see
that no employee is paid for time not actually served by such employees and to this end he shall have
authority, and it is hereby made his duty, at such time or times as he deems advisable, to check any or all
of such employees while they are actually engaged in work. Nothing in this Act, however, shall be
construed as repealing or being in conflict with the provisions of Article 23728 -1, Vernon's Revised
Statutes of 1925.
Special Counsel
Sec. 11. The Commissioners Court shall have the authority to employ special counsel, learned in the law,
to advise the court or the Commissioners thereof in all matters wherein the services of counsel may be
required, and also to conduct the litigation of the county in which the interests of the county may be
involved, which employment may be made for such time and on such terms as the Commissioners Court
may deem proper and expedient.
Surveys, Plans and Specifications; Gradings; Drainage; Culverts and Bridges
Sec. 12. Before actual construction shall have begun on any road or highway so to be improved, the
county engineer, under the direction of the Commissioners Court, shall make careful and accurate
surveys of the roads and highways to be improved, and shall file with the records of the courts plans and
specifications and estimates as to the cost thereof. Provided, that the provisions of this Section shall not
apply to work done by county convicts. As far as practicable, all such roads shall be thoroughly graded
and drained, and all roadbeds, bridges, culverts and drain pipes shall be of durable material, the bridges
to be of steel or cement and the drain pipes of vitrified clay or of material equally durable and lasting. All
culverts and bridges on first and second -class roads shall not be less than twenty -four (24) feet in length
and of sufficient strength to support all forms of motor traffic, and the weight of all farm and road engines.
Acquisition of Land; Condemnation
Sec. 13. Whenever in the judgment of the Commissioners Court it shall be or become necessary to lay
out and construct any road or highway in or through the county or any part thereof, whether said road
extends through any city, town, village, hamlet, community or otherwise or whenever it shall be or
become necessary in the judgment of the Commissioners Court to occupy any land, in town or county, for
the purpose of constructing, building, opening, widening, straightening, draining, grading, improving,
repairing or maintaining any public road or highway of said counties or any part thereof, said court,
through the agents and employees of the county may enter upon, occupy and take such land, paying
therefor, if the owner thereof and said court can agree on the price thereof, as to the value of the land so
taken and the amount of damage, if any there be to the remainder, but if such owner and the
Commissioners Court cannot agree with respect to such value or damage or both, then said county may
proceed to condemn such land for any of the purposes hereinabove mentioned in the same manner as
now or may hereafter be prescribed by law for condemnation by railroad corporations and may condemn
land for right of way under such proceeding with a right to invoke the Statutes, in so far as the same may
be applicable for the exercise of the right of eminent domain by railroad corporations except that, in no
case, shall the county be required to give bond or to deposit more than the amount assessed by the
Commissioners in condemnation; provided, however, that nothing contained in this Section shall be held
to repeal the provisions of the General Law now in force or that may hereafter be passed relating to the
opening or construction of public roads by a jury of view, but this Section shall be held to be cumulative
thereof, and the Commissioners Court of said county may, at the option of said court, in such cases
proceed under the provisions of such General Law or under the provisions of this Act according as same
may be best adapted, in the judgment of said Commissioners Court, to expedite the relief sought to be
obtained.
Drainage of Railroad Rights of Way
Sec. 14. Whenever it shall be made to appear to the satisfaction of said Court that it is necessary for the
better drainage of any public road or roads within said county that the ditches along the right of way of
any railroad in the county should be emptied and drained, said court may, by an order entered upon its
minutes at a regular or special term of the court, require any such railway whose ditches or borrow pits
are so constructed or so out of repair as to impede the easy and rapid flow of water accumulating on,
along or near its right of way to the nearest gully, ravine, creek, water course or outlet, and it shall be the
duty of said railway in reference to which said order is made and entered within sixty (60) days after a
certified copy of said order shall have been delivered to any general officer of such railway company or to
any of its agents in said county to supply proper and sufficient drainage in the premises and within sixty
(60) days thereafter to commence the work so ordered to be done and to continue such work with
reasonable dispatch until its completion. In the event such railway company, its officers and agents shall
fail to commence work within sixty (60) days from the date of service of a certified copy of such order, or
having begun shall fail to finish the same within a reasonable time, the Commissioners Court may have
such work performed, keeping an accurate account of the money expended upon said work, and said
money so expended being reasonable in amount, may be recovered from the railway company along
whose right of way said work was done at the suit of the county for the benefit of its road and bridge fund
in any court of competent jurisdiction.
Payment of Road Taxes; Overseers
Sec. 15. In such county the payment of road taxes by labor is abolished and all provisions of laws
concerning overseers shall be of no further force or effect.
County Commissioners; Duties and Compensation
Sec. 16. Each member of the Commissioners Court shall be and he is hereby required to devote all of his
time (unless prevented by illness) to the duties of his office, and shall be in attendance at all sessions of
the court. In addition thereto he shall personally inspect the conditions of the roads and bridges of the
county, and shall see to it that employees under the control of the Commissioners Court perform their full
duties. Each member shall receive an annual salary as provided by the General Statutes of the State of
Texas relating to the salaries of county commissioners in counties having a population which conforms to
the population of the counties affected by this Act. Said salaries to be paid out of the road and bridge fund
of the county.
Amount of Road and Bridge Tax
Sec. 17. It shall be unlawful for said Commissioners Court to levy any road and bridge tax in excess of
the maximum rate prescribed by law, and any member of said court who shall vote for such excessive
levy, knowing it to be excessive, shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than Five Hundred Dollars ($ 500).
Convict Labor
Sec. 18. Said court may require all county convicts of said county, who may be physically able and not
otherwise employed, to work on the public roads of said county under such rules and regulations as the
court may prescribe, and each convict so worked shall receive a credit of Three Dollars ($ 3) per day, one
half of which shall be as nearly as practicable, applied to the fine, and one half to the court costs,
provided that this shall not be so construed as to relieve a convict from the payment of all costs for which
he would be liable under the General Laws of this State; said court may, as a reward for good behavior
and faithful service, grant a reasonable commutation which shall in no case exceed one -tenth (1/10) of
the whole time. Said court may provide all such houses, tents, clothing, bedding, food, medicine, medical
attention, supplies and guards as it may deem necessary or proper for the safe and humane treatment
and for the safe - keeping of such county convicts. Said court may also provide and enforce and such
guards may, under the direction of said court and in accordance with its rules and regulations, administer
such reasonable and humane punishment as may be necessary to require such convicts to perform good
work. Said court may provide a reward, not exceeding Ten Dollars ($ 10) in any instance, to be paid out
of the road and bridge fund for the capture and delivery of an escaped convict, but no such reward shall
be paid to any guard or persons in charge of or assisting such convict at the time of his escape.
Bond Resolution; Election
Sec. 19. Whenever the Commissioners Court shall deem it necessary or expedient to build, construct,
improve, repair or maintain first or second -class roads of a permanent nature with the proceeds of the
sale of bonds issued for road and bridge purposes under the terms of this Act, said court, shall at any
regular meeting pass and record in its minutes a resolution setting forth that it is the sense of said court
that public roads and bridges of a permanent nature should be built, constructed, improved, repaired or
maintained and that the county should issue its bonds to raise money for that purpose in an amount to be
named in such resolution, and said resolution shall be submitted to the vote of the property - owning,
qualified voters of the county under the law and the Constitution at any regular or special election which
the court may order for that purpose, and if at such election a majority of the votes cast shall be for such
resolution, then the same shall be deemed to be adopted; otherwise it shall be deemed to be rejected.
Such election shall be governed in all respects by the laws governing elections in this State, save that the
time for holding such elections, the manner and kind of notice shall be fixed by the Commissioners Court,
von 1 70 p g g0
and the returns shall be made and canvassed in the same manner and the result declared by
proclamation of the county judge, which proclamation shall be posted in at least three (3) public places in
the county, or at the option of the court published one time in a daily newspaper of general circulation in
the county.
Qualifications of Voters; Ballots
Sec. 20. No person shall be permitted to vote at any election provided for in the next preceding Section of
this Act unless he is a property owner, taxpayer, who has duly rendered his property for taxation, and a
qualified voter of the county under the law and Constitution of Texas. Those desiring to vote for the
resolution shall have written or printed on their ballot the words "FOR the Resolution to issue bonds to "
and those desiring to vote against the resolution shall have written or printed on their ballots the following:
"AGAINST the Resolution to issue bonds to "(here insert such purpose of the proposed bond issue as set
forth in said resolution). Such ballots shall be written or printed on plain white paper with black ink and
shall contain no distinguishing mark or device except as above provided, and if printed, shall be in type of
uniform size and face.
Preparation and Execution of Bonds; Terms of Bonds; Registration and Enrollment; Sale or Negotiation;
Tax Levy
Sec. 21. If, at the election hereinabove provided for, a majority of the property- owning qualified voters,
under the Constitution and Laws of the State, shall vote in favor of the resolution hereinbefore provided
for and the Commissioners Court shall have canvassed the vote and declared the result, and
proclamation therefor has been made by the county judge or publication made in lieu thereof, declaring
said result, than it shall be the duty of said court to prepare and execute the bonds of the county in such
sums as may be deemed advisable by the court, not exceeding the amount authorized at the election,
said bonds to bear interest at not exceeding five per cent (5 %) per annum, payable annually or semi-
annually as the courts shall direct, which bonds shall be redeemable or payable not more than forty (40)
years from date thereof, and at such intermediate periods, serially or otherwise as the court may direct,
the time of maturity to be expressed on the face of the bonds and such bonds shall be registered or
enrolled as in case of other county bonds, and the same shall not be sold or negotiated at less than their
par value; provided, however, that the tax levy for the payment of interest and principal on any issue of
bonds under the terms of this Act shall not exceed in any one case the sum of Fifteen Cents (15 cent(s) }
on the One Hundred Dollars ($ 100) property valuation, and the amount of bonds so to be issued shall be
limited accordingly; provided further, that nothing in this language or in the terms of this Act shall be held
to impair the right of the county to issue bonds under the provisions of Article 3 of Section 52 of the State
Constitution and the Statutes enacted pursuant thereof.
Levy of Tax; Use of Tax and Bond Proceeds
Sec. 22. At or prior to the issuance of said bonds, it shall be the duty of said Commissioners Court to levy
an annual ad valorem tax on all property within-the county liable to taxation, sufficient to provide for the
interest on such bonds and to create a sinking fund for the payment of the principal thereof at the maturity
of same. Such tax and the levy thereof may vary or lessen accordingly as assessed taxable values may
increase or diminish from year to year. The fund arising from such tax and the levy thereof shall not be
used for any other purpose than that for which it was created, and the proceeds of the sale of such bonds
shall be confined strictly for the purpose of which they were issued and for all necessary and incidental
expense incurred in the issuance and sale thereof. It shall be unlawful for said court to transfer any
money or fund from the road and bridge fund to any other purpose, except as outlined in Section 15 of
this Act, than the laying out, opening, widening, draining, constructing, building, repairing and maintaining
the public roads of said counties and the incidental and necessary expense growing out of the issuance
of said bonds and the sale thereof.
Account and Disbursement of Bond Proceeds
Sec. 23. It shall be the duty of the county treasurer to keep a separate account of all moneys received
from the sale of bonds of said county issued for road and bridge purposes, and said treasurer shall pay
out none of it except on written order or warrant of said court, specifying the contract against which it is
drawn or for the purpose for which it is expended.
Contracts; Alternative Methods; Record of Cost
Sec. 24. Except as otherwise provided in this Act, no contract requiring the expenditure of money derived
from the sale of bonds authorized by this Act shall be made until said county engineer shall have made
and filed with the Commissioners Court maps, profiles, plans, specifications, and estimates of the work to
be done under such contract and not until said court shall have considered the same and ordered it of
record. Provided, however, that in the event said court shall have advertised for and rejected bids, it may
in its discretion proceed to do the work mentioned in said advertisement. In the expenditure of road funds
other than moneys derived from the sale of bonds, the Commissioners Court may authorize the building,
construction and repair of roads by contract, day labor or convict labor as said court may deem to be for
the best interest of the county. In every instance where the court chooses to do so under the terms of this
Act to build, improve, repair or maintain roads by having the work done by the county, then the county
must keep a careful and accurate record of the cost of the work, provided the work referred to in this
Section shall be done under the direction of the county engineer in harmony with the other provisions of
this Act.
Purchase of Equipment and Material
Sec. 25. [Repealed by Acts 1985, 69th Leg., ch. 641, Sec. 11, eff. Sept. 1, 1985.1
Advertisements and Bids; Bond of Successful Bidder; Withholding Percentage of Estimates
Sec. 26. [Repealed by Acts 1985, 69th Leg., ch. 641, Sec. 11, eff. Sept. 1, 1985.]
Transfers to Road and Bridge Fund
Sec. 27. The Commissioners Court is authorized and empowered, whenever and in such manner as it
may determine, to transfer to and make a part of the road and bridge fund of said county any money now
in the county, to pay interest and create a sinking fund for any bonds of said county heretofore issued and
which have now been retired and cancelled. Such money so transferred to the road and bridge fund may
be expended by the Commissioners Court at their discretion in constructing or repairing any of the first -
class or cross roads of the county, such expenditures to be made in compliance with the provisions and
requirements of this Act.
Record of Vote on Expenditures
Sec. 28. The records of the Commissioners Court shall show in detail every vote for expenditure of any of
the funds mentioned in this Act.
Shade Trees; Signboards or Signposts
Sec. 29. The Commissioners Court may, where funds are available for that purpose, plant shade trees
along the side of the public roads; the Commissioners Court may protect all shade trees along the side of
said thoroughfares and erect, place and keep a substantial signboard or signpost at every point where a
public road forks or is intersected by another public road and such signboard or signpost shall contain a
legible inscription directing the way and giving the distance of the next important place on such highway.
Any person who shall willfully remove, injure, deface or mutilate or injure the growth of any shade tree
along the side of a public road or any signboard or signpost thereon or thereabouts shall be deemed
guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than Twenty -five
Dollars ($ 25) nor more than One Hundred Dollars ($ 100).
Financial Interest of Members of Commissioners Court; Violations of Act
Sec. 30. It shall be unlawful for any member of the Commissioners Court or for any county officer to be or
become financially interested, directly or indirectly, In any contract with said county for road work or for
the purchase or sale of any material or supplies of any character or in any transaction whatsoever in
connection with any of the roads of said county, excepting only his own salary, fees or per diem. If any
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such county commissioner or such county officer shall willfully violate any of the foregoing provisions of
this Section, he shall be punished by a fine of not less than Five Hundred Dollars ($ 500) nor more than
One Thousand Dollars ($ 1,000) or by imprisonment in the county jail of said county for not more than
one (1) year or by both such fine and imprisonment and in addition thereto shall be forthwith removed
from office as provided for by General law. If any member of said Commissioners Court or any such
officer shall willfully violate any of the other provisions of this Act, he shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred
Dollars ($ 500) or by imprisonment in the county jail of said county for not more than six (6) months or by
both such fine and'imprisonment.
Fines and Moneys Collected Applied to Road and Bridge Fund
Sec. 31. All fines for any and all violations of any of the provisions of this Act and any and all moneys
which may be collected by or on behalf of said county on, under, or by virtue of any contract which may
be executed under the provisions of this Act shall be applied to the road and bridge fund of said county.
Definitions
Sec. 32. The terms 'Road" and "Highway' as used in this Act shall be held to include bridges, viaducts,
causeways, culverts, roadbeds, ditches, drains and every part of a road or highway as such terms are
commonly understood whether herein specified or not.
Judicial Notice of Law
Sec. 33. This Act is and shall be held and construed to be a public act of which the court shall take
cognizance without proof thereof, and in any court proceedings wherein the provisions of this Act are
drawn in question, the necessity for pleadings or proving same is hereby dispensed with.
Law Cumulative; Conflict or Inconsistency
Sec. 34. The provisions of this Act are and shall be held and construed to be cumulative of all General
Laws of this State on the subject treated of and embraced in this Act when not in conflict or inconsistent
herewith, but in case of such conflict or inconsistency in whole or in part, this Act shall control said county.
Partial Invalidity
Sec. 35. If any section, subdivision, paragraph, sentence, clause or word of this Act shall be held to be
unconstitutional, the remaining portions of same shall, nevertheless, be valid and it is declared that such
remaining portions would have been included in this Act though the unconstitutional portion had been
omitted.
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ROTH 457 ANDZNDMENr
SMALL BUSINESS JOBS ACT OF 2010 ("SBJA°)
ARTICLE I
PREAMBLE
1.1 Adoption and effective date of amendment. This amendment of the Plan is adopted to
reflect amended Code Section 402A, as enacted by the Small Business Jobs Act of 2010
( "SBJA "). This amendment is intended as a good faith compliance with the requirements
of the Act and guidance issued' thereunder, and shall be interpreted in a manner consistent
with such guidance. The amendment shall be effective as of the date indicated below.
1.2 EMWgver's Electi on. As of the effective date, the Employer adopts the provisions as
elected under Article IL These provisions will remain in effect until a document
incorporating the provisions of "SBJA" is adopted or if the provisions become obsolete.
1.3 Supersession of incMistcRt.provisions This amendment shall supersede the provisions
of the Plan.to the extent those provisions are inconsistent with the provisions of this
amendment.
ARTICLE II
ADOPTION. AGREEMENT ELECTIONS
2.1 Effective Date. Roth Elective Deferrals are permitted under the Plan as of
20]3 (Enter a date no earlier than January 1, 2011).
2:2 Unforeseeable Emergency. A Participant may receive a distribution from their Roth
Elective Deferral account in the event of an unforeseeable emergency.
ARTICLE III
ROTH ELECTIVE DEFERRALS
3.1 Rath Elective De&mds.m =Mhk& The Plan's definitions and terms shall be amended
as follows toallow for Roth Elective Deferrals as of the effective date entered at 2.1.
Roth Elective Deferrals shall be treated in the same manner as Elective Deferrals for all
Plan purposes. The Employer may, in operation, implement deferral election procedures
provided such procedures are communicated to Participants and permit Participants to
modify their elections at.least once each Plan Year
3.2 ective Defers For years beginning after January 1, 2011, the term "Elective
Deferrals" includes Pre-tax Elective Deferrals and Roth Elective Deferrals.
3.3 Pre -Tax Elective'Def:nWs "Pre-Tax Elective Deferrals" means a Participants. Elective
Deferrals which are not includible in the'Participant's gross income at the time deferred
and have been irrevocably designated as Pre-Tax Elective Deferrals by the Participant in
his or her deferral election. A Participant's Pre -Tax Elective Deferrals will be separately
accounted for, as will gains and losses attributable to those Pre -Tax Elective Deferrals.
3.4 Roth Elective Deferrals "Roth Elective Deferrals" means a Participant's Elective
Deferrals that are.includible in the Participant's gross income at the time deferred and has
been irrevocably designated as Roth Elective Deferrals. by the Participant in his or her
deferral election. A Participant's Roth Elective Deferrals will be separately accounted for,
as will gains and losses attributable to those Roth Elective Deferrals. The Plan. must also
maintain a record of 'a Participant's investment in the contract (i.e., designated Roth
contributions that have not been distributed). Roth Elective Deferrals are not considered
Employee Contributions for Plan purposes.
3.5 Ordering Rules for Distributions. The Administrator operationally may implement an
ordering rule procedure for withdrawals from a Participant's accounts attributable to Pre-
Tax Elective Deferrals or Roth Elective Deferrals. Such ordering rules may specify
whether the Pre -Tax Elective Deferrals or Roth Elective Deftals are distributed fast.
Furthermore, such procedure may permit the Participant to elect which type of Elective.
Deferrals shall be distributed first.
3.6 Corrective distdbut= attributable to Roth EINU a Deferrals For any Plan Year in
which a Participant may make both Roth Elective Deferrals and Pre -Tax Elective
Deferrals; the Administrator operationally may implement an ordering rule procedure for
the distribution of Excess Deferrals (Code Section 402(8)), and Excess Annual Additions
(Code Section 41 :5). Such ordering rules may specify whether the Pre -Tax Elective
Deferrals or Roth Elective Deferrals are distributed first, to the extent such type of
Elective Deferrals was made for the year. Furthermore, such procedure may permit the
Participant to elect which type of Elective Deferrals shall be distributed first.
3.7 Operational Compliance The Plan Administrator will administer Roth Elective Deferrals
in accordance with applicable regulations or other binding authority not reflected in this
amendment. Any applicable regulations or other binding authority shall supersede any
contrary provisions of this amendment. Total contributions to the Elective Deferral
account will not exceed the annual deferral limit plus any applicable catch -up provision.
Plan No: - NmnbCr-
V")!i
14) +" ger . - L, -�
This amendment has been executed this _jay of O do
io�
Security Benefit Plan #:
1 . E I
Plan No- -+Numbco,
CERTIFICATE OF
VAKEREAS, the. ("the Board') for
(the "Employer'l hereby certifies :eat the following
resolutions were duly adopted by the Board on this day of . 20 and
that such resolution has not been modified or rescinded:
RESOLVED, that the Roth 457 Amendment of the
Plan (the "Amend1n6& ), effective
20J3 presented at this meeting to Board is hereby approved and
adopted and tin the proper representatives' of the Employer are hereby authorized and directed to
execute and deliver to the Administrator of the Plan one or more counterparts of the amendment.
RESOLVED, that the proper representatives of the Employer shall act as soon as possible to
notify patticipsnts of the Plan of the-adoption this Amendment and of the changes .presented at
this meeting to the Board, which form is hereby approved.
The undersigned further certifies that attached hereto is a true copy of the Amendment as
approved and adopted in the foregoing resolution.
Name of Plan: — L I — rW6 �✓""
Security Benefit Plan #:
Plan No! e4Numbcra
10/17/2012 10:33 9798222332 'PAGE 02
Brazos County
�a Purchasing Department
200 SOUTH TEXAS A SUITE 352 BRYAN, TX 77803
PHONE (979).361 -4290 FAX (979) 3614293 i
I
Charles Wendt, Purchasing Agent May West, Sr, Buyer
Leslie Williams Asst. Purchasing Agent Gail Aavis, Buyer
October 16, 2012
Ray Criswell
PO Box 3450
Bryan, TX 77805
I
Attn: Jeff Clary
Re. Extension of Contract for Janitorial supplies — 2012 -
I'
Brazos County appreciates the quality work your company has provided and would like to e ercise an extension
option for Janitorial Supplies — 2012 -05. All terms, conditions, and pricing shall remain the Ime. This extension
will start upon Commissioner's Court Approval through December 31, 2012.
To accept the extension option, please fill out the information and sign below. Return the s fined documents by
email to Iwilliam to s@co_brazos.tx.us.or fax (979) 361-4293. Please then submit the original sikned docurnents.and
an updated Certificate of Insurance by mail. to the address listed above. Please return acceptance as soon as possible.
If you have any questions, I may be reached at (979) 361 -4294. 1
1
Contact Name: 8. Foo C L &* ft7 j Telephone: R �" ' �' ? I -
s ' u 3
E -Mail: �r 3�'.. d. - 12 l� r►� �• e�+ -• � - t tl l Fax: �j - 74 - iN7
Ray Criswell
Sign re.
RAZO LINTY
Duane Peters, County Judge
Date
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GC
Braz ®s County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
Charles Wendt, Purchasing Agent Tiffany West, Sr. Buyer
Leslie Williams Asst. Purchasing Agent Gail Davis, Buyer
October 16, 2012
ProStar Industries
1590 -A N. Harvey Mitchell Parkway
Bryan, TX 77803. .
Phone- 979 - 779 -9399
Fax:
Email: ruth@prostarind.com
Attn: Ruth Goehl
Re: Eviensioa.of Contract for Cleaning Supplies - 1012 -08R
Brazos County appreciates the quality work your company has provided and would like to exercise an extension
option for Cleaning Supplies - 2012 -08R previously known as 2010 -42R and 2009 -52. All terms, conditions, and
pricing shall remain the same. This extension will start upon Commissioner's Court Approval through December
31, 2012.
To accept the extension option, please fill out the infdrmation'and sign below. Return the signed documents by
email to lwilliams@co.brazos.tx.us or fax to (979) 361-4293. Please then submit the original signed documents and
an updated Certificate of Insurance by mail to the address listed above: Please return acceptance as soon as possible.
If you have any questions, I may be reached.at (979) 361 -4294.
Contact Name:
Ru4j, 7
Telephone:
q q- q C
E -Mail: k1k Le 17 1 - 0'6 - fO6 ' 170 C11, t j Fax: 0 / . 7q - -7 q
/U -
Date
30 /a--
Date
, I
�lAa4 " '17.4'If�T ' .�i: i.:n..:� - . 1:.., u:.. She: P• .. _
B 2AS OUN Y
Duane Peters, County Judge
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Ad-1 170- ��
INDIGENT HEALTH CARE, AGREEMENT
Thisl Contract is entered into by and between BRAZOS COUNTY acting by and through
its duly elected. COURT OF COMMISSIONERS (hereinafter "County ") and the
BRAZOS VALLEY COUNCIL OF (hereinafter "BVCOG ").
The: purpose of the Agreement is to provide for the administration of the heath care
program for-,eligible Brazos County residents pursuant to the Indigent Health Care and
Trea Act, Texas Health &Safety Code, Chapter 6,1 (the "Act" j.
T4parties mutually agree as follows:
In with the Indigent Health Care and Treatment Act ( "Act "),. County agrees to
provide basic health care ,assistance to eligible County residents by reimbursing.
providers of services to households who meet the requirements of the Act, the Texas
Department of State Health Services regulations and the Texas Administrative Code.
Title '25, Chapter 14. County enters into this agreement with the BVCOG to share the
costs of the regional administration of the Indigent Health Care Program.
RATES FOR REIMBURSEMENT
The County agrees to pay the County's share of the cost of the administration of the.
County Indigent Health Care (CIHC)• Program for eligible Brazos County residents.
County agrees to pay BVCOG $ 96;700.00 ( "Funds ") for the 2013 fiscal year, October 1.,
2012 through September 30, 2013, in quarterly installments.
RESPONSIBILITIES OF BVCOG
For and in consideration of the funding provided by the County, the BVCOG agrees to
administer the Brazos County Indigent Health Care Program in compliance with the Act
and pursuant to the regulations of the Texas Department of State Health Services and
the Texas. Administrative Code, Title 25, Chapter 14, by providing:
Written minimum eligibility standards and application, documentation, and
verification procedures to determine eligibility indigent health care under
the Act.
2. An annual review no later than the beginning of a state fiscal year of the
County eligibility' standards and a reasonable notice of the standards to the
public.
3. An application procedure including forms and notification of the procedure to
the public.
I
INDIGENT HEALTH CARE, AGREEMENT
Thisl Contract is entered into by and between BRAZOS COUNTY acting by and through
its duly elected. COURT OF COMMISSIONERS (hereinafter "County ") and the
BRAZOS VALLEY COUNCIL OF (hereinafter "BVCOG ").
The: purpose of the Agreement is to provide for the administration of the heath care
program for-,eligible Brazos County residents pursuant to the Indigent Health Care and
Trea Act, Texas Health &Safety Code, Chapter 6,1 (the "Act" j.
T4parties mutually agree as follows:
In with the Indigent Health Care and Treatment Act ( "Act "),. County agrees to
provide basic health care ,assistance to eligible County residents by reimbursing.
providers of services to households who meet the requirements of the Act, the Texas
Department of State Health Services regulations and the Texas Administrative Code.
Title '25, Chapter 14. County enters into this agreement with the BVCOG to share the
costs of the regional administration of the Indigent Health Care Program.
RATES FOR REIMBURSEMENT
The County agrees to pay the County's share of the cost of the administration of the.
County Indigent Health Care (CIHC)• Program for eligible Brazos County residents.
County agrees to pay BVCOG $ 96;700.00 ( "Funds ") for the 2013 fiscal year, October 1.,
2012 through September 30, 2013, in quarterly installments.
RESPONSIBILITIES OF BVCOG
For and in consideration of the funding provided by the County, the BVCOG agrees to
administer the Brazos County Indigent Health Care Program in compliance with the Act
and pursuant to the regulations of the Texas Department of State Health Services and
the Texas. Administrative Code, Title 25, Chapter 14, by providing:
Written minimum eligibility standards and application, documentation, and
verification procedures to determine eligibility indigent health care under
the Act.
2. An annual review no later than the beginning of a state fiscal year of the
County eligibility' standards and a reasonable notice of the standards to the
public.
3. An application procedure including forms and notification of the procedure to
the public.
4. Intake services in Brazos County at least once a month.
5. Assistance to applicants in the accurate completion of the application process
including all needed verifications, documentation, and supplemental information.
6. Screening, assessment, and determination of each applicant's eligibility for .indigent
health care.
f '
7. An explanation to the applicant, if approved, of the obligation to report any change in
income or resources that might affect the applicant's eligibility and the possible
penalties under the law for failure to report such a change.
8. A. decision regarding acceptance or denial of the application not later 14 than the
day after the date on which the BVCOG receives a complete application, and a'
written notification of the decision to the applicant, including the reason for any
denial, the process for resubmitting an application at any time circumstances justify a
redetermination of eligibility; and an explanation of the appeals procedure.
�9. An administrative hearing procedure with appropriate due process considerations,
notification forms, and an appeals process for individuals or households whose
application has .been denied.
10. Retention of all. records relating to an application at least until the end of the third
complete state fiscal year following the date on which the application is submitted.
2013 CIHC Contract
BRAZOS County — BVCOG
7
11. A response to all inquiries regarding the program pursuant -to the Texas Public
Information Act, Texas Government'Code Chapter 552.
12. An annual written review of the program's management and operation.
13. A review of the eligibility of each household at least once every six (6) months.
14. A list of eligible Brazos County residents distributed to each provider once every six
(6) months.
15. A review of all bills submitted to BVCOG by the medical provider(s) to verify
.accuracy and the eligibility of the patient.
16. Remittance to the County of bills that have been reviewed and approved for payment
to the medical provider.
V � _
i
2013 CIkC Contract
BRAZO§County - BVCOG
RESPONSIBILITIES OF THE COUNTY
For and! in consideration of the services provided by BVCOG, the County will provide:
ki
1. Payment in accordance with the payment standards of the Act for services
determined by BVCOG to be an accurate rendering of services to an eligible patient.
2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent
health care program on a quarterly basis.
3. An audit of the .program.
4. Responsibility for payment of services in accordance with the Indigent Health Care
and Treatment Act.
5. Payment for County's pro rata share of outside audit services, if necessary.
TERM
This Agreement is for one (1) year, from October 1., 2012 until September 30, 2013.
CANCELLATION
This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written
notice.
AUDIT
BVCOG agrees that County, or its designated representative, shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three
(3) years after the 'termination date of this. Agreement, unless a longer period of records
retention is stipulated: BVCOG agrees to allow the auditor(s) access, to such records during
normal business hours and to allow interviews of any employees who might reasonably have
information related to such records. BVCOG agrees that County, or its designated
representative, shall further have the right to review and to copy any records and supporting
documentation for prior years in which County provided funds to the BVCOG under prior
Agreements. Any audit will be conducted by County personnel or an independent third party, as
determined by the Brazos County Commissioners Court. If the Brazos County Commissioners
Court determines that the audit will be conducted by an independent third party, all costs and
expenses associated with said audit will be solely paid for by the COUNTY.
Annual financial statements (audited, if available) are available to the Brazos County upon
request within six (6) months of completion:
Vc) 19 ���
2013 CIHC Contract
BRAZOS County — BVCOG
ALTERNATIVE DISPUTE RESOLUTION
4
The parties agree that, in the event that suit is filed by either of them based on or pertaining to
this Agreement, they shall submit this dispute to mediation as described in Section 154.023 of
the Texas Civil Practices and Remedies Code. The parties further agree that the results of the
mediation will not be binding on the parties. The parties shall have the right to undertake
proceedings in a court of proper jurisdiction.
INDEMNITY
Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other
conditions can be recovered from the BVCOG only to the extent of available insurance.
AMENDMENT
This Agreement shall be automatically amended by the amendments made to the Act by the
State Legislature. In all other respects, this Agreement may be modified, amended, altered or
extended only by a written amendment signed by the parties.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of Texas.
Venue shall be in Brazos County, Texas.
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any further
documents, which may be necessary to carry out the provisions of this Agreement.
FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under this Agreement (other
than for delay in the payment of money due and payable hereunder) to the extent said failures
or delays are proximately caused by causes beyond that party's reasonable control and
occurring without its fault or negligence, including, without limitation, failure of suppliers,
subcontractors, and software providers, phone and internet service providers, carriers, or other
parties to substantially meet its performance obligations under this Agreement, provided that, as
a condition to the claim of nonliability, the party experiencing the difficulty shall give the other
prompt written notice, with full details following the occurrence of the cause relied upon and an
expected date when obligations under this Agreement will be resumed.
SEVERABILITY
If any clause or provision hereof is invalid, unenforceable or illegal under present or future laws,
or held to be invalid by a court of competent jurisdiction, the validity and enforceability of the
remaining provisions or portions hereof shall not be affected.
vt, /
7e /D
I
I V
2013 CIHC Contract
BRAZOS County — BIWCOG
5
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. There are no
representations, agreements, arrangements or understandings, oral or written, between or
among the parties hereto, relating to the subject matter of the Agreement, which are not fully
expressed herein.
FISCAL FUNDING
Notwithstanding any provisions contained herein, the obligations of the County under this
Agreement are expressly contingent upon the availability of funding for each item or obligation
contained herein for the term of the Agreement and any extension thereto. BVCOG, or any
other person or entity directly or indirectly employed by the BVCOG or any other person or
entity to whom the BVCOG may be liable to, shall have no right of action against the County in
the event the county is unable to fulfill its obligations under this Agreement as a result of lack of
sufficient funding for any item or obligation from any source utilized to fund this Agreement or
failure to budget or authorize funding for this Agreement during the current or future fiscal years.
In the event that the County is unable to fulfill its obligations under this Agreement as a result of
lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion,
provide funds from a separate source or may, in its sole discretion, terminate this Agreement by
written notice to the BVCOG at the earliest possible time under the circumstances.
EFFECTIVE the day ofND60X, 2012
BRAZOS COUNTY
By: L �te_16�jf r l,
Judge Duane Peters
BRAZOS VALLEY COUN OF GOVERNMENTS
By: '�V alyl j l j z fle 'If Date ie W 11 6 Z
1v (44
Michael Parks
Assistant Executive Director
A -1 FIRE & SECURITY
P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887
CONTRACTUAL AGREEMENT
Date: 10/1/2012 Attachment
Between Alarm Center, Inc. and BRAZ COUNTY SHERIFFS DEPT
Physical /Billing Address
Phone:
1700
77803
Fax:
Purchase
Lease
Maintenance Agreement
X Monitoring Agreement
Installation Fee
X Other
Monthly Lease Fee
Monthly Monitoring Fee $32.50
Acct. # 3853 Rec.
Down payment
System to Consist of:
FIRE ALARM MONITORING
OWNER FURNISHED EQUIPMENT
CONTRACT ENDS 9 -30 -13
Purchase Price
Installation Fee
Applicable taxes to be added
Other BILLING: BRAZOS CTY BUILDING MAIN I V-11~1 CE, 206 N. WASHINGTON
BRYAN, TX 77803 PHONE: 979 -361 -4570
TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will
automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for
0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than
thirty (3l)) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices.
TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES
1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc.
will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc.
sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to
respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit
notification of the alarm promptly to the police, fire or other authorities and/or the person or persons whose names and
telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition
does not exist.
2. USE OF ALARM: The customer shall carefully and property set the alarm system at the time the premises are
secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system
at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the
alarm equipment.
3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance
monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished,
Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this
agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was
the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm
Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical.
4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm
equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or
other authorities, institutions or individuals notified by Alarm Center, Inc..
5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring
service thereunder during any time when the customers telephone service shall not be working since signals to Alarm
Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm
Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes
or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm
Center will not be required to supply service to the customer while interruption of service due to any such cause
shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission,
Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless
service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds.
6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines
for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication
signals to our central station as well as functions of the panel and its equipment.
!/o / � A' /d c�
GENERAL TERMS AND CONDITIONS
1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its
formal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to
he equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render
service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm
;enter are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off
work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc..
?. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before
lamed are based solely upon the value of the services herein described and it is not the intention of the parties that
Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of
the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause of
any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established.
If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center
Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of
Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge
hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such
liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and
exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its
services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under
a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and
additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer.
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction.
Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc..
2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of
Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to
return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement.
3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc.
and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a
warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with
the terms and conditions of any order submitted by the customer.
4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the
customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm
Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed
by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any
warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or
system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty
of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in
Paragraph 2, Limit of Liability.
YOUR RIGHT TO CANCEL
You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the
date that you approved this contract by signing in the appropriate space.
I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I
AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED
THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF
TRANSMISSION COVERED BY THIS AGREEMENT.
DIRECT LINE /MULTIPLEX X STANDARD TELEPHONE LINE TRANSMISSION
RADIO /CELLULAR OTHER _
APPROVED BY CUSTOMER:
APPROVED FOR ALARM CENTER, INC.:
be
�Ier/ ,/ 0 6 io�s
A -1 FIRE & SECURITY
P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887
CONTRACTUAL AGREEMENT
Date: 10/1/2012 Attachment
Between Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER - NORTH ARENA
Physical /Billing Address 5827 LEONARD DR., BRYAN, TX 77803
Phone: Fax: Acct. # Rec.
Purchase
Lease
Maintenance Agreement
X Monitoring Agreement
Installation Fee
x Othe
System to Consist of:
FIRE ALARM MONITORING
OWNER FURNISHED EQU IPMENT
CONTRACT ENDS 9 -30 -13
Monthly Lease Fee Purchase Price
Monthly Monitoring Fee $32.50 Installation Fee
Down payment Applicable taxes to be added
Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON
BRYAN, TX 77803 PHONE: 979 -361 -4570
TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will
automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for
0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than
thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices.
TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES
1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc.
will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc.
sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to
respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit
notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and
telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition
does not exist.
2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are
secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system
at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the
alarm equipment.
3. TERMINATION: This agreement shall continue for as long customer contracts with Alarm Center, Inc. for the performance
as custo
monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished,
Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this
agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was
the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm
Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical.
4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm
equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or
other authorities, institutions or individuals notified by Alarm Center, Inc..
5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring
service thereunder during any time when the customers telephone service shall not be working since signals to Alarm
Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm
Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes
or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm
Center will not be required to supply service to the customer while interruption of service due to any such cause
shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission,
Alarm Center, Inc, shall likewise not be obligated to perform monitoring services when the radio reception or wireless
service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds.
6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines
for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication
cinnsls to our central station as well as functions of the panel and its equipment. /
GENERAL TERMS AND CONDITIONS
1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its
formal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to
he equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render
service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm
:,enter are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off
Nork hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc..
2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before
named are based solely upon the value of the services herein described and it is not the intention of the parties that
Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of
the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause of
any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established.
If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center
Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of
Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge
hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such
liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and
exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its
services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under
a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and
additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer.
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction.
Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc..
2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of
Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to
return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement.
3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc.
and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a
warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with
the terms and conditions of any order submitted by the customer.
4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the
customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm
Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed
by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any
warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or
system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty
of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in
Paragraph 2, Limit of Liability.
YOUR RIGHT TO CANCEL
You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the
date that you approved this contract by signing in the appropriate space.
I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I
AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED
THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF
TRANSMISSION COVERED BY THIS AGREEMENT.
DIRECT LINE /MULTIPLEX
RADIO /CELLULAR B C <
APPROVED BY CUSTOMER:
APPROVED FOR ALARM CENTER, INC.:
X STANDARD TELEPHONE LINE TRANSMISSION
A OTHER
V ol 70
t �y
/---JoJr
A -1 FIRE & SECURITY
P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887
CONTRACTUAL AGREEMENT
Date: 10/1/2012 Attachment
3etween Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER - NORTH ARENA
3 hysical /Billing Address 5827 LEONARD DR., BRYAN, TX 77803
Phone:
Fax: Acct. # Rec.
Purchase
Lease
Maintenance Agreement
X Monitoring Agreement
Installation Fee
X Other
Monthly Lease Fee
Monthly Monitoring Fee
Down payment
$32.50
System to Consist of:
FIRE ALARM MONITORING
OWNER FURNISHED EQUIPM
CONTRACT ENDS 9 -30 -13
Purchase Price
Installation Fee
Applicable taxes to be added
Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON
BRYAN, TX 77803 PHONE: 979 - 361 -4570
TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will
automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for
0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than
thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices.
TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES
1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc.
will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc.
sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to
respond thereto upon the receipt of a signal from the customers premises, shall make every reasonable effort to transmit
notification of the alarm promptly to the police, fire or other authorities and/or the person or persons whose names and
telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition
does not exist.
2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are
secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system
at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the
alarm equipment.
3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance
monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished,
Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this
agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was
the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm
Center Inc. option, should the customers alarm equipment become so substantially damaged that further service is impractical.
4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm
equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or
other authorities, institutions or individuals notified by Alarm Center, Inc..
5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring
service thereunder during any time when the customers telephone service shall not be working since signals to Alarm
Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm
Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes
or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm
Center will not be required to supply service to the customer while interruption of service due to any such cause
shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission,
Alarm Center, Inc, shall likewise not be obligated to perform monitoring services when the radio reception or wireless
service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds.
6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines
for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication
signals to our central station as well as functions of the panel and its equipment.
GENERAL TERMS AND CONDITIONS hW / '09 / e r
1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its
formal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to
:he equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render
service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm
enter are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off
Nork hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc..
2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc, is not an insurer and that the payments herein before
named are based solely upon the value of the services herein described and it is not the intention of the parties that
Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of
the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or
any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established.
If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center
Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of
Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge
hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such
liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and
exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its
services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under
a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and
additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer.
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction.
Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc..
2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of
Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to
return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement.
3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc.
and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a
warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with
the terms and conditions of any order submitted by the customer.
4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the
customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm
Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed
by Alarm Center, Inc, in the servicing repair or upgrade of the customer alarm equipment or system is not under any
warranty because its satisfactory operation or non- operation can be affected by that customers alarm equipment or
system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty
of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in
Paragraph 2, Limit of Liability.
YOUR RIGHT TO CANCEL
You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the
date that you approved this contract by signing in the appropriate space.
I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I
AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED
THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF
TRANSMISSION COVERED BY THIS AGREEMENT. RANSMISSION
DIRECT LINE/MULTIPLEX
RADIO /CELLULAR AC P
APPROVED BY CUSTOMER:
APPROVED FOR ALARM CENTER, 11
X STANDARD TELEPHONE LINE T
OTHER
1wr10,
Vol: _- -_/740 Pg. <1 2
A -1 FIRE & SECURITY
P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887
CONTRACTUAL AGREEMENT
Date: 10/1/2012 Attachment
Between Alarm Center, Inc. and BRAZOS COUNTY COURTHOUSE
Physical /Billing Address 300 E. 26TH, BRYAN, TX 77803
Phone: Fax: Acct. # 4149 Rec. 2
Purchase
Lease
Maintenance Agreement
X Monitoring Agreement
Installation Fee
x Othe
System to Consist of:
FIRE ALARM MONITORING
OWNER FURNISHED EQUIPME
CONTRACT ENDS 9 -30 -13
Monthly Lease Fee Purchase Price
Monthly Monitoring Fee $32.50 Installation Fee
Down payment Applicable taxes to be added
Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON
BRYAN, TX 77803 PHONE: 979 - 361 -4570
TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will
automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for
0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than
thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices.
TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES
1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc.
will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc.
sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to
respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit
notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and
telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition
does not exist.
2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are
secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system
at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the
alarm equipment.
3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance
monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished,
Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this
agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was
the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm
Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical.
4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm
equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or
other authorities, institutions or individuals notified by Alarm Center, Inc..
5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring
service thereunder during any time when the customers telephone service shall not be working since signals to Alarm
Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm
Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes
or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm
Center will not be required to supply service to the customer while interruption of service due to any such cause
shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission,
Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless
service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds.
6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines
for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication
signals to our central station as well as functions of the panel and its equipment
/
f�� Il
GENERAL TERMS AND CONDITIONS
1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its
formal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to
:he equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render
service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm
Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off
work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc..
2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before
named are based solely upon the value of the services herein described and it is not the intention of the parties that
Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of
the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause or
any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established.
If there shall notwithstanding the above provisions at any time be or arise any liability on the part of Alarm Center
Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of
Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge
hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such
liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and
exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its
services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under
a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and
additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer.
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction.
Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc..
2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of
Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to
return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement.
3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc.
and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a
warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with
the terms and conditions of any order submitted by the customer.
4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the
customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm
Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed
by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any
warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or
system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty
of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in
Paragraph 2, Limit of Liability.
YOUR RIGHT TO CANCEL
You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the
date that you approved this contract by signing in the appropriate space.
I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I
AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED
THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF
TRANSMISSION COVERED BY THIS AGREEMENT.
DIRECT LINE /MULTIPLEX
RADIO /CELLULAR V
t
APPROVED BY CUSTOMER:
APPROVED FOR ALARM CENTER, INC.:
X STANDARD TELEPHONE LINE TRANSMISSION
OTHER
J3oJ1a
A -1 FIRE & SECURITY
P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887
CONTRACTUAL AGREEMENT
Date: 10/1/2012 Attachment
3etween Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER - SOUTH ARENA 2
Physical /Billing Address 5827 LEONARD DR., BRYAN, TX 77803
Phone: Fax: Acct. # 4127 Rec. 2
System to Consist of:
FIRE ALARM MONITORING
OWNER FURNISHED EQUI
Purchase
Lease
Maintenance Agreement
X Monitoring Agreement
Installation Fee
X Other
Monthly Lease Fee
Monthly Monitoring Fee $32.50
CONTRACT ENDS 9 -30 -13
Purchase Price
Installation Fee
Down payment Applicable taxes to be added
Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON
BRYAN, TX 77803 PHONE: 979 - 361 -4570
TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will
automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for
0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than
thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices.
TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES
1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc.
will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc.
sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to
respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit
notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and
telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition
does not exist.
2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are
secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system
at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the
alarm equipment.
3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance
monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished,
Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this
agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was
the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm
Center Inc. option, should the customers alarm equipment become so substantially damaged that further service is impractical.
4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm
equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or
other authorities, institutions or individuals notified by Alarm Center, Inc..
5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring
service thereunder during any time when the customers telephone service shall not be working since signals to Alarm
Center, Inc. are.received solely by means of telephone communication, unless stated otherwise in writing. Alarm
Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes
or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm
Center will not be required to supply service to the customer while interruption of service due to any such cause
shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission,
Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless
service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds.
6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines
for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication
signals to our central station as well as functions of the panel and its equipment. //�
GENERAL TERMS AND CONDITIONS
1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its
formal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to
:he equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render
service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm
Center are not within the scope of Alarm Center, Inc. responsibility,. however repairs service for holidays and off
work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc..
2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before
named are based solely upon the value of the services herein described and it is not the intention of the parties that
Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of
the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause of
any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established.
If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center
Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of
Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge
hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such
liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and
exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its
services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under
a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and
additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer.
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction.
Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc..
2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of
Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to
return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement.
3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc.
and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a
warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with
the terms and conditions of any order submitted by the customer.
4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the
customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm
Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed
by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any
warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or
system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty
of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in
Paragraph 2, Limit of Liability.
YOUR RIGHT TO CANCEL
You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the
date that you approved this contract by signing in the appropriate space.
I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I
AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED
THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF
TRANSMISSION COVERED BY THIS AGREEMENT.
DIRECT LINE/MULTIPLEX X STANDARD TELEPHONE LINE TRANSMISSION
RADIO/CELLULAR BF(CfFL�P OTHER
APPROVED BY CUSTOMER:
APPROVED FOR ALARM CENTER, INC.:
von. % 7d ._, p9.
1Ia
A -1 FIRE & SECURITY
P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887
CONTRACTUAL AGREEMENT
Date: 10/1/2012 Attachment
Between Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER - MAIN BLDG
Physical /Billing Address 5827 LEONARD DR., BRYAN, TX 77803
Phone: Fax: Acct. # 808 Rec. 6
Purchase System to Consist of:
Lease FIRE ALARM MONITORING
Maintenance Agreement OWNER FURNISHED EQUIPMENT
X Monitoring Agreement
Installation Fee
X Othe CONTRACT ENDS 9 -30 -13
Monthly Lease Fee Purchase Price
Monthly Monitoring Fee $32.50 Installation Fee
Down payment Applicable taxes to be added
Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON
BRYAN, TX 77803 PHONE: 979 -361 -4570
TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will
automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for
0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than
thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices.
TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES
1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc.
will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc.
sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to
respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit
notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and
telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition
does not exist.
2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are
secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system
at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the
alarm equipment.
3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance
monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished,
Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this
agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was
the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm
Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical.
4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm
equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or
other authorities, institutions or individuals notified by Alarm Center, Inc..
5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring
service thereunder during any time when the customers telephone service shall not be working since signals to Alarm
Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm
Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes
or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm
Center will not be required to supply service to the customer while interruption of service due to any such cause
shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission,
Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless
service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds.
6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines
for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication
signals to our central station as well as functions of the panel and its equip t.
v/o / / 7'D // _
GENERAL TERMS AND CONDITIONS
1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its
formal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to
he equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render
service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm
enter are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off
work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc..
2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before
named are based solely upon the value of the services herein described and it is not the intention of the parties that
Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of
the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause of
any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established.
If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center
Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of
Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge
hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such
liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and
exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its
services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under
a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and
additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer.
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction.
Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc..
2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of
Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to
return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement.
3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc.
and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a
warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with
the terms and conditions of any order submitted by the customer.
4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the
customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm
Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed
by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any
warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or
system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty
of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in
Paragraph 2, Limit of Liability.
YOUR RIGHT TO CANCEL
You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the
date that you approved this contract by signing in the appropriate space.
I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I
AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED
THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF
TRANSMISSION COVERED BY THIS AGREEMENT.
DIRECT LINE/MULTrACKU X X STANDARD TELEPHONE LINE TRANSMISSION
RADIO /CELLULAR OTHER
APPROVED BY CUSTOMER: -�
APPROVED FOR ALARM CENTER, INC.:
A -1 FIRE & SECURITY
P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887
CONTRACTUAL AGREEMENT
Date: 10/1/2012
Attachment
Between Alarm Center, Inc. and BRAZOS COUNTY ADMINISTRATION BUILDING
Physical /Billing Address 200 S. TEXAS AVE.,
BRYAN, TX 77803
Phone: Fax:
Acct. # 3932 Rec. 2
Purchase
System to Consist of:
Lease
FIRE ALARM MONITORING
Maintenance Agreement
OWNER FURNISHED EQUIPMENT
X Monitoring Agreement
Installation Fee
X Othe
CONTRACT ENDS 9 -30 -13
Monthly Lease Fee
Purchase Price
Monthly Monitoring Fee $32.50
Installation Fee
Down payment
Applicable taxes to be added
Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON
BRYAN. TX 77803 PHONE: 979 -361 -4570
TERM: The initial length of this contract is for 12 months beginning on the above date ana finis coniraci win
automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for
0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than
thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices.
TERMS AND CONDITIONS APPLYING TO MONITORING SERVICES
1. AGREEMENT: Alarm Center, Inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc.
will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc.
sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to
respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable effort to transmit
notification of the alarm promptly to the police, fire or other authorities and /or the person or persons whose names and
telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition
does not exist.
2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are
secured or all functions are set to the normal status. The customer shall carefully and properly test the alarm equipment or system
at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the
alarm equipment.
3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance
monitoring services. In the event that the customer fails or refuses to make payment for services furnished or to be furnished,
Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this
agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was
the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm
Center Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical.
4. LIABILITY: Alarm Center, Inc. shall not be liable for any loss or damage caused by defects or deficiencies in the alarm
equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or
other authorities, institutions or individuals notified by Alarm Center, Inc..
5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring
service thereunder during any time when the customers telephone service shall not be working since signals to Alarm
Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm
Center assumes no liability for interruption of services due to stfike, war /riots, floods, fire, wind, snow, natural causes
or any other cause beyond control of Alarm Center, Inc. including interruption in the electrical utility service. Alarm
Center will not be required to supply service to the customer while interruption of service due to any such cause
shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission,
Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless
service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds.
6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines
for functionality (unless otherwise stated). It is recommended that you test your system weekly for communication
signals to our central station as well as functions of t 7/1 anel and its equipment. /�
/ / 7,e 00&7 / _-
GENERAL TERMS AND CONDITIONS
1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be furnished by Alarm Center, Inc. during its
normal working hours, Monday through Friday except holidays. Alarm Center, Inc. shall have full and free access to
the equipment to perform repairs service thereon. Alarm Center, Inc. shall not be responsible for failure to render
service due to cause beyond its control. Repairs services rendered outside the normal working hours of Alarm
Center are not within the scope of Alarm Center, Inc. responsibility, however repairs service for holidays and off
work hours may be provided if a mutual agreement is entered between customer and Alarm Center, Inc..
2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before
named are based solely upon the value of the services herein described and it is not the intention of the parties that
Alarm Center, Inc. assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of
the services under this contract or for any loss or damage sustained through burglary, theft, robbery, fire or other cause of
any liability on the part of Alarm Center, Inc. by virtue of this agreement or because of the relation hereby established.
If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center
Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of
Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge
hereunder for a period not to exceed six months which sum shall be paid and received as liquidated damages. Such
liability as herein set forth is fixed as liquidated damages are not as a penalty and this liability shall be complete and
exclusive. That in the event Subscriber desires Alarm Center, Inc. to assume greater liability for the performance of its
services hereunder a choice is hereby given of obtaining full or limited liability by paying an additional amount under
a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and
additional charge and rider and additional obligation shall in no way be interpreted to hold company as an insurer.
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction.
Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc..
2. APPROVAL: This agreement is not binding unless approved by an officer and /or duly appointed representative of
Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to
return to the customer the amount if any paid to Alarm Center, Inc. upon the signing of this agreement.
3. CHANGES TO AGREEMENT: This constitutes the entire agreement between the customer and Alarm Center, Inc.
and no representation or statement not contained in the agreement shall be binding upon Alarm Center, Inc. as a
warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with
the terms and conditions of any order submitted by the customer.
4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the
customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm
Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed
by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any
warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or
system. In this regard Alarm Center, Inc. makes no implied warranties including but not limited to the Implied Warranty
of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in
Paragraph 2, Limit of Liability.
YOUR RIGHT TO CANCEL
You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the
date that you approved this contract by signing in the appropriate space.
I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I
AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OTHER REPRESENTATIVE HAS EXPLAINED
THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND INDICATED BELOW THE TYPE OF
TRANSMISSION COVERED BY THIS AGREEMENT.
DIRECT LINE/MULTIPLEX X STANDARD TELEPHONE LINE TRANSMISSION
RADIO /CELLULAR AC OTHER
APPROVED BY CUSTOMER:
S;
APPROVED FOR ALARM CENTER, INC.:
7 D
Y ;�'
SECURUT
rrr.�nn..acu:s
Master Services Agreement
Brazos County (TX)
A300614
This Master Services Agreement (this "Agreement's is by and between Brazos County ( "Customer") and Securus
Technologies, Inc., ("we," "us,' or "Provider). This Agreement supersedes any and all other agreements (oral, written, or
otherwise) that may have been made between the parties and shall be effective as of the last date signed by either party (the
"Effective Date ").
Whereas the Customer desires that Provider install an inmate telecommunication system and provide telecommunications
and maintenance services according to the terms and conditions in this Agreement according to the Schedule and Work
Orders, which are incorporated by reference into this Agreement;
Whereas the Provider agrees to install the inmate telecommunications system and provide telecommunications and
maintenance services according to the terms and conditions in this Agreement and the Schedule and Work Orders, which are
incorporated by reference into this Agreement;
Now therefore, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Applications This Agreement specifies the general terms and conditions under which we will perform certain inmate -
related services and applications (the "Application(s) ") for you. Additional terms and conditions with respect to the
Applications will be specified in the schedules entered into by the parties and attached hereto (the "Schedules "). The
Schedules are incorporated into this Agreement and are subject to the terms and conditions of this Agreement. In the event
of any conflict between this Agreement and a Schedule, the terms of the Schedule shall govern. In the event of any conflict
between any two Schedules for a particular Application, the latest in time shall govern.
2. Use of Applications. You grant us the exclusive right and license to install, maintain, and derive revenue from the
Applications through our inmate systems (including, without limitation, the related hardware and software) (the "System ")
located in and around the inmate confinement facilities identified on the Schedules (the "Facilities "). You are responsible for
the manner in which you use the Applications. Unless expressly permitted by a Schedule or separate written agreement with
us, you will not resell the Applications or provide access to the Applications (other than as expressly provided in a particular
Schedule), directly or indirectly, to third parties. During the term of this Agreement and subject to the remaining terms and
conditions of this Agreement, Provider shall be the sole and exclusive provider of existing and any future inmate related
communications, including but not limited to voice, video, and data (e.g., phone calls, video calls, messaging, prepaid calling
cards, debit calling, and e-mail) at the Facilities in lieu of any other third party providing such inmate communications,
including without limitation, Customer's employees, agents, or subcontractors.
3. Compensation Compensation for each Application, if any, and the applicable payment addresses are as stated in the
Schedules.
4. Term The obligations of the parties shall be effective as of the Effective Date, but the "Initial Term" shall begin 120 days
after the Effective Date (to allow for installation of hardware and /or implementation of network connectivity) and shall end on
the date that is 24 months thereafter. Upon the written request of the Customer, this Agreement may renew for up to 5
successive periods of 12 months each. Notwithstanding anything to the contrary, the terms and conditions of this Agreement
shall continue to apply to each Schedule for so long as we continue to provide the Application to you after the expiration or
earlier termination of this Agreement.
5. Service Level Agreement and Limited Remedy We are committed to providing you with reliable, high quality
Applications and we offer certain assurances about the quality of our Applications (the "Service Level Agreement'). The
Service Level Agreement for each Application is as set forth in the applicable Schedule. THE SERVICE LEVEL
AGREEMENT SETS FORTH THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OR DEFECT OF AN
APPLICATION. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM A
COURSE OF DEALING OR USAGE OF TRADE, AND NONINFRINGEMENT.
6. Software License We grant you a personal, non - exclusive, non - transferable license (without the right to sublicense) to
access and use certain proprietary computer software products and materials in connection with the Applications (the
"Software "). The Software includes any upgrades, modifications, updates, and additions to existing features that we
implement in our discretion (the "Updates "). Updates do not include additional features and significant enhancements to
existing features. You are the license holder of any third -party software products we obtain on your behalf. You authorize us
Master Services Agreement - 1 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
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to provide or preinstall the third -party software and agree that we may agree to the third -party End User License Agreements
on your behalf. Your rights to use any third -party software product that we provide shall be limited by the terms of the
underlying license that we obtained for such product. The Software is to be used solely for your internal business purposes in
connection with the Applications at the Facilities. You will not (i) permit any parent, subsidiary, affiliated entity, or third party
to use the Software, (ii) assign, sublicense, lease, encumber, or otherwise transfer or attempt to transfer the Software or any
portion thereof, (iii) process or permit to be processed any data of any other party with the Software, (iv) alter, maintain,
enhance, disassemble, decompile, reverse engineer or otherwise modify the Software or allow any third party to do so, (v)
connect the Software to any products that we did not furnish or approve in writing, or (vi) ship, transfer, or export the Software
into any country, or use the Software in any manner prohibited by the export laws of the United States. We are not liable with
regard to any Software that you use in a prohibited manner.
7. Ownership and Use The System, the Applications, and related records, data, and information shall at all times remain
our sole and exclusive property unless prohibited by law, in which event, we shall have the unlimited right to use such
records, data, and information for investigative and law enforcement purposes. However, during the term of this Agreement
and for a reasonable period of time thereafter, we will provide you with reasonable access to the records. We (or our
licensors, if any) have and will retain all right, title, interest, and ownership in and to (i) the Software and any copies, custom
versions, modifications, or updates of the Software, (ii) all related documentation, and (iii) any trade secrets, know -how,
methodologies, and processes related to our Applications, the System, and our other products and services (the "Materials ").
The Materials constitute proprietary information and r trade secrets of Provider and its licensors, whether or not any portion
thereof is or may be the subject of a valid copyright
8. LeaaliN /Limited License Aoreeme For services related to Applications which may allow you to monitor and record
inmate or other administrative telephone calls, or transmit or receive inmate electronic messages ( °e- mail "); by providing the
Application, we make no representation or warranty as to the legality of recording or monitoring inmate or administrative
telephone calls or transmitting or receiving inmate e-mail messages. Further, you retain custody and ownership of all
recordings, and inmate e-mail messages; however you grant us a perpetual limited license to compile, store,
e requests d Officials als at
recordings or inmate calls and access inmate e-ma il messages for purposes of (i) complying
the Facility, (ii) disclosing information to requesting law enforcement and correctional officials as they may require for
investigative, penological or public safety purposes, (iii) performing billing and collection functions, or (iv) maintaining
equipment and quality control purposes. This license does not apply to recordings of inmate cable prr e-mail messages with
their attorneys or to recordings or e-mail messages protected from disclosure by other applicable privileges.
9. Confidentiality and Non - Disclo sure. The System, Applications, and related call records and information (the
"Confidential Information ") shall at all times remain confidential to Provider. You agree that you will not disclose such
Confidential Information to any third party without our prior written consent. Because you will be able to access confidential
information of third parties that is protected by certain federal and state privacy laws through the Software and Applications,
you shall only access the Software with computer systems that have effective firewall and anti -virus protection. Moreover,
you acknowledge that the contents of this contract constitute proprietary trade secrets and represent that you have
disclosed the terms and conditions of this Agreement to anyone outside of your organization save your legal representative.
You warrant that you will keep the terms and conditions of this Agreement confidential and, unless required by court order or
Provider's express written consent (except that you may disclose the
statute, will not disclose such information without
contents of this Agreement to your attorney or tax advisor, if any, but only after informing those persons that they must keep
confidential the information contained herein). Before complying with any such court order or statute, you agree to notify
Provider so that it may assert any rights to non - disclosure that it may have under the applicable law.
10. Claims To the fullest extent allowed by applicable law, each party by itself and/or its employees, agents, or contractors
agrees to be s responsibe for any loss, cost, claim, a d ex l enses) (collectively ely Claims) a l ri i sing a out of ( without
) breach of is own rep representations, warranties, and/or
attorney's fee p
covenants contained herein, or (ii) gross negligence or willful misconduct, or (iii) actual or alleged intellectual prope
infringement.
Furthermore, the parties understand and agree that each one is subject to federal, state, and local laws and regulations, an
each party bears the burden of its own compliance. The Provider agrees to install and implement the Inmate Telephone
System according to the law governing the Provider, the instruction it receives from the Customer as to the Customer's
requirements under the law, and according to the Customer's facility s demographics. The Customer agrees to indemnify the
Provider against any and all Claims arising out of or related to instruction Provider receives from the Customer.
11. Insurance We maintain comprehensive general liability insurance having limits of not less than $2,000,000.00 in the
aggregate. You agree to provide us with reasonable and timely written notice
any claim, the System demand, which the Provider is de
or brought against you arising out of or related to the utilization of the Applications
brought in as a co- defendant in the Claim. We have the right to defend any such claim, demand, or cause of action at our
sole cost and expense and within our sole and exclusive discretion. You agree not to compromise or settle any claim or
cause acbon with our related to the use of te
of any such clamm, dem oSCause action. out our prior written consent, and you are
require d t
12. Default and Termination. If either party defaults in the performance of any obligation under this Agreement, then the non -
defaulting party shall give the defaulting party written notice of its default setting forth with specificity the nature of the default.
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Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
If the defaulting party fails to cure its default within thirty (30) days after receipt of the notice of default, then the non - defaulting
party shall have the right to terminate this Agreement upon thirty (30) days written notice and pursue all other remedies
available to the non - defaulting party, either at law or in equity. Notwithstanding the foregoing, the thirty (30) day cure period
shall be extended to ninety (90) days if the default is not reasonably susceptible to cure within such thirty (30) day period, but
only if the defaulting party has begun to cure the default during the thirty (30) day period and diligently pursues the cure of
such default. Notwithstanding the foregoing, if you breach your obligations in the section entitled "Software License" or the
section entitled "Confidentiality", then we shall have the right to terminate this Agreement immediately.
13. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER
PARTY SHALL HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS
OF PROFITS OR INCOME, LOST OR CORRUPTED DATA, OR LOSS OF USE OR OTHER BENEFITS, HOWSOEVER
CAUSED AND EVEN IF DUE TO THE PARTY'S NEGLIGENCE, BREACH OF CONTRACT, OR OTHER FAULT, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU
RE EXCEED OR ARISING OUT OF THIS
AMOUNT WE PAID YOU DURING AGREEME
H T WELVE (12) MONTH SHAL
H PERIOD BEEFORE THE DATE THE
NO
CLAIM AROSE.
14. Uncontrollable Circumstance We reserve the right to renegotiate or terminate this Agreement upon sixty (60) days
advance written notice if circumstances outside our control related to the Facilities (including, without limitation, changes in
rates, regulations, or operations mandated by law; material reduction in inmate population or capacity; material changes in jail
policy or economic conditions; acts of God; actions you take for security reasons (such as lock- downs)) negatively impact our
business; however, we shall not unreasonably exercise such right. Further, Customer acknowledges that Provider's provision
of the services is subject to certain federal, state or local regulatory requirements and restrictions which are subject to change
from time -to -time and nothing contained herein to the contrary shall restrict Provider from taking any steps necessary to
perform in compliance therewith.
15. Iniunctive Relief Both parties agree that a breach of any of the obligations set forth in the sections entitled "Software
License," "Ownership and Use," and "Confidentiality' would irreparably damage and create undue hardships for the other
party. Therefore, the non - breaching party shall be entitled to immediate court ordered injunctive relief to stop any apparent
breach of such sections, such remedy being in addition to any other remedies available to such non - breaching party.
16. Force Maieure Either party may be excused from performance under this Agreement to the extent that performance is
prevented by any act of God, war, civil disturbance, terrorism, strikes, supply or market, failure of a third party's performance,
failure, fluctuation or non - availability of electrical power, heat, light, air conditioning or telecommunications equipment, other
equipment failure or similar event beyond its reasonable control; provided, however that the affected party shall use
reasonable efforts to remove such causes of non - performance.
17. Notices Any notice or demand made by either party under the terms of this Agreement or under any statute shall be in
writing and shall be given by personal delivery; registered or certified U.S. mail, postage prepaid; or commercial courier
delivery service, to the address below the party's signature below, or to such other address as a party may designate by
written notice in compliance with this section. Notices shall be deemed delivered as follows: personal delivery — upon receipt;
U.S. mail — five days after deposit; and courier — when delivered as shown by courier records.
18. No Third -party Benefrciary Rights The parties do not intend to create in any other individual or entity the status of a third -
party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties, and obligations
contained herein shall operate only between the parties and shall inure solely to their benefit. The provisions of this
Agreement are intended to assist only the parties in determining and performing their obligations hereunder, and the parties
intend and expressly agree that they alone shall have any legal or equitable right to seek to enforce this Agreement, to seek
any remedy arising out of a party's performance or failure to perform any term or condition of this Agreement, or to bring an
action for the breach of this Agreement.
19. Miscellaneous This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
No waiver by either party of any event of default under this Agreement shall operate as a waiver of any subsequent default
under the terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the validity or
enforceability of the other provisions shall remain unaffected. This Agreement shall be binding upon and inure to the benefit
of Provider and Customer and their respective successors and permitted assigns. Except for assignments to our affiliates or
to any entity that succeeds to our business in connection with a merger or acquisition, neither party may assign this
Agreement without the prior written consent of the other party. Each signatory to this Agreement warrants and represents that
he or she has the unrestricted right and requisite authority to enter into and execute this Agreement, to bind his or her
respective party, and to authorize the installation and operation of the System. Provider and Customer each shall comply, at
its own expense, with all applicable laws and regulations in the performance of their respective obligations under this
Agreement and otherwise in their operations. Nothing in this Agreement shall be deemed or construed by the parties or any
other entity to create an agency, partnership, or joint venture between Customer and Provider. This Agreement cannot be
modified orally and can only be modified by a written instrument signed by all parties. The parties' rights and obligations,
which by their nature would extend beyond the termination, cancellation, or expiration of this Agreement, shall survive such
termination, cancellation, or expiration (including, without limitation, any payment obligations for services or equipment
received before such termination, cancellation, or expiration). This Agreement may be executed in counterparts, each of
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Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
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which shall be fully effective as an original, and all of which together shall constitute one and the same instrument. Each party
agrees that delivery of an executed copy of this Agreement by facsimile transmission or by PDF e-mail attachment shall have
the same force and effect as hand delivery with original signatures. Each parry may use facsimile or PDF signatures as
evidence of the execution and delivery of this Agreement to the same extent that original signatures can be used. This
Agreement, together with the exhibits and Schedules, constitutes the entire agreement of the parties regarding the subject
matter set forth herein and supersedes any prior or contemporaneous oral or written agreements or guarantees regarding the
subject matter set forth herein.
EXECUTED as of the Effective Date.
CUSTOMER:
Brazos County
PROVIDER:
Securus Technologies, Inc.
y �
DAIt . I, i
Date:,
Customer's Notice Address and Phone Number.
300 E 26'" Street
Bryan, TX 77803
By:
Name: Robert Pickens
Title: Chief Operating Officer
Date: l o L C' — ( L
Provider's Notice Address:
14651 Dallas Parkway, Suite 600
Dallas, Texas 75254
Attention: General Counsel
Phone: (972) 277 -0300
Phone: (979) 361 -4100
Provider's Payment Address:
14651 Dallas Parkway, Suite 600
Dallas, Texas 75254
Attention: Accounts Receivable
Please return signed contract to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277 -0300
Master Services Agreement - 4 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
Vol. 17D Py• 02 _.
Schedule
Brazos County (TX)
A3OO614
This Schedule is between Securus Technologies, Inc. ('lore" or "Provider, and Brazos County ( "you" or "Customerl and is
part of and governed by the Master Services Agreement (the "Agreement ") executed by the parties. The terms and
conditions of the Agreement are incorporated herein by reference. This Schedule shall be coterminous with the Agreement
( "Schedule Effective Date ").
A. Applications We will provide the following Applications:
CALL MANAGEMENT SYSTEM
DESCRIPTION
Secure Call Platform: Secure Call Platform ( "SCP ") provides through its centralized system automatic placement of calls by
inmates without the need for conventional live operator services. In addition, SCP has the ability to (a) monitor and record
inmate calls, (b) automatically limit the duration of each call to a certain period designated by us, (c) maintain call detail
records in accordance with our standard practices, (d) automatically shut the System on or off, and (e) allow free calls to the
extent required by applicable law. We will be responsible for all billing and collections of inmate calling charges but may
contract with third parties to perform such functions. SCP will be provided at the Facilities specified in the chart below.
COMPENSATION
Collect Calls We will pay you commission (the "Commission ") based on the Gross Revenues that we earn through the
completion of collect calls placed from the Facilities as specified in the chart below. "Gross Revenues" shall mean all gross
billed revenues relating to completed collect calls generated by and through the Inmate Telecommunications System.
Regulatory required and other items such as federal, state and local charges, taxes and fees, including transaction funding
fees, transaction fees, credits, billing recovery fees, charges billed by non -LEC third parties, and promotional programs are
excluded from revenue to the Provider. We shall remit the Commission for a calendar month to you on or before the 30th day
after the end of the calendar month in which the calls were made (the "Payment Date "). All Commission payments shall be
made in accordance with Texas PUC Sub Rule 26.27 Your payment address is as set forth in the signature block below. You
shall not' us in writing at least sixty 60 days before a Payment Date of any thane in your payment address.
FACILITIES AND RELATED SPECIFICAT
Facility Name and Address
Brazos County Juvenile Detention
1904 W Hwy 21
Bryan, TX 77803
Brazos County Detention Center
1835 Sandy Point Road
Bryan, TX 77803
Brazos County Low Risk
1821 Sandy Point Road
Bryan, TX 77807
Type of Call Commission Revenue Base Commissions Payment
Management Percentage for Calculation of Address
Service Commission
Gross 200 S. Texas Avenue # 240
SCP 77.5% Revenues I Bryan, TX 77803
CENTRALIZED NET CENTRIC VOIP DIGITAL TRANSMITTED CALL MANAGEMENT SYSTEM
DESCRIPTION
Secure Calling Platform User Interface We will provide you with the Software regarding the Secure Calling Platform
Interface ( "S -Gate User Interface") which may be used only on computers and other equipment that meets or exceeds the
specifications in the chart below which we may amend from time to time ( "Compatible Equipment "), for a total of licensed
users as specified in the attached Customer Statement of Work. Customer represents that (i) it will be responsible for
distributing and assigning licenses to its end users; (ii) it will use the SCP User Interface for lawful purposes and shall not
transmit, retransmit or store material in violation of any federal or state laws or regulation; and (iii) it will monitor and ensure
that its licensed end users comply as directed herein.
Master Services Agreement - 5 of 11
Securus Technologies, Inc. Proprietn &Confidential - Form 11.10 M_
Processor
Operating System
Browser
Memory
Drive
Display
Peripherals
Internet
personal computer (PC) with a minimum 1 gigahertz (GHz) or processor clock speed recommended;
ntel PentiurtUCeleron family, or AMD K6 /Athlon /Duron family, or compatible processor recommended
iigher
Nindows XP
Microsoft Internet Explorer 6.0 or better
4t least 128 megabytes (MB) of RAM; 256 MB for optimum speed
CD-ROM or DVD drive
Super VGA (1,024 x 768) or higher - resolution video adapter and monitor
Keyboard and Microsoft Mouse or compatible pointing device
Internet access
SERVICE LEVEL AGREEMENT
We agree to repair and maintain the System in good operating condition (ordinary wear and tear excepted), including, without
limitation, furnishing all parts and labor. All such maintenance shall be conducted in accordance with the service levels in
Items 1 through 10 below. All such maintenance shall be provided at our sole cost and expense unless necessitated by any
misuse of, or destruction, damage, or vandalism to any premises equipment by you (not inmates at the Facilities), in which
case, we may recoup the cost of such repair and maintenance through either a Commission deduction or direct invoicing, at
our option. You agree to promptly notify us in writing after discovering any misuse of, or destruction, damage, or vandalism
to, the said equipment. If any portion of the System is interfaced with other devices or software owned or used by you or a
third party, then we shall have no obligation to repair or maintain such other devices or software. This SERVICE LEVEL
AGREEMENT does not apply to any provided Operrworkstation(s) (see below). For the services contemplated hereunder,
we may provide, based upon the facilities requirements, two types of workstations (personal
computer /desktop/laptop/terminal): The "Operrworkstation" is an open non - secured workstation which permits administrative
user rights for facility personnel and allows the facilities an ability to add additional third -party software. Ownership of the
Operrworkstation is transferred to the facility along with a three -year product support plan with the hardware provider. We
have no obligation to provide any technical and field support services for an Operworkstation. CUSTOMER IS SOLELY
RESPONSIBLE FOR THE MAINTENANCE OF ANY OPENWORKSTATIONS(S).
1. Outage Report Technical Support If either of the following occurs: (a) you experience a System outage or malfunction
or (b) the System requires maintenance (each a "System Event "), then you will promptly report the System Event to our
Technical Support Department ( "Technical Support"). You may contact Technical Support 24 hours a day, seven days a
week (except in the event of planned or emergency outages) by telephone at 866 - 558 -2323, by email at
TechnicalSupport@securustech.net, or by facsimile at 800 -368 -3168. We will provide you commercially reasonable notice,
when practical, before any Technical Support outage.
2. Priority Classifications Upon receipt of your report of a System Event, Technical Support will classify the System Event
as one of the following three priority levels:
Priority 1 30% or more of the functionality of the System is adversely affected by the System Event.
Priority 2 5% - 29 %% of the functionality of the System is adversely affected by the System Event.
Priority 3 5% or less of the functionality of the System is adversely affected by the System Event. Single and
multiple phones related issues.
3. Response Times After receipt notice of the System Event, we will respond to the System Event within the following
time periods:
Priority 1
2 hours
Priority 2
24 hours
Priority 3
72 hours
4. Response Process In the event of a System Event, where the equipment is located on Customer premises, Technical
Support will either initiate remote diagnosis and correction of the System Event or dispatch a field technician to the Facility (in
which case the applicable regional dispatcher will contact you with the technician's estimated time of arrival), as necessary.
In the event of a System Event occurs in the centralized SCP system, technical support will initiate remote diagnosis and
Master Services Agreement - 6 of 11
Securus Technologies, Inc _8.Q4ttfldentia - Form 11 . 10 ?
correction of the System Event.
5. Performance of Service All of our repair and maintenance of the System will be done in a good and workmanlike
manner at no cost to you except as may be otherwise set forth in the Agreement. Any requested modification or upgrade to
the System that is agreed upon by you and us may be subject to a charge as set forth in the Agreement and will be
implemented within the time period agreed by the parties.
6. Escalation Contacts Your account will be monitored by the applicable Territory Manager and Regional Service
Manager. In addition, you may use the following escalation list if our response time exceeds 36 hours: first to the Technical
Support Manager or Regional Service Manager, as applicable, then to the Director of Field Services, then to the Executive
Director, Service.
7. Notice of Resolution After receiving internal notification that a Priority 1 System Event has been resolved, a member of
our management team will contact you to confirm resolution. For a Priority 2 or 3 System Event, a member of our customer
satisfaction team will confirm resolution.
8. Monitoring We will monitor our back office and validation systems 24 hours a day, seven days a week.
9. Required IGR You are responsible for providing a dedicated isolated grounded receptacle ( "IGR ") for use in connection
with the primary System. Upon request we will provide you with the specifications for the IGR. If you are unable to or do not
provide the IGR, then we will provide the IGR on a time and materials basis at the installer's then - current billing rates,
provided that we are not responsible for any delay caused by your failure to provide the IGR.
10. End User Billing Services and Customer Care Our Securus Correctional Billing Services department will maintain
dedicated customer service representatives to handle end -user issues such as call blocking or unblocking and setting up
end -user payment accounts. The customer service representatives are available 24 hours a day, 7 days a week by telephone
at 800 - 844- 6591,via chat by visiting our website www.s - curustech.net by email at CustomerService &Securustech.net and
by facsimile at 972 - 277 -0714. In addition, we will maintain an automated inquiry system on a toll -free customer service phone
line that will be available to end -users 24 hours a day, 7 days a week to provide basic information and handle most routine
activities. We will also accept payments from end -users by credit card, check, and cash deposit (such as by money order,
MoneyGram or Western Union transfer).
INSTANT PAYTM' PROGRAM
DESCRIPTION
The Instant Pay"' promotional program optimizes the call routing at Facilities by connecting as many calls as possible. If a
call is attempted but there is no account or calling card open or in use to pay for the call, the call can be routed to the Instant
Pay Program. The Instant Pay Program will offer the called party additional options to connect the call as well as provide
information and promotional messaging on how to create a prepaid AdvanceConnect Account.
COMPENSATION
Pay NowTM' Pay NowTM' is an instant paid payment product available to facilities that have the Instant Pay promotional calling
program installed that allows the called party to instantly pay for a single call using a debit or credit card in real -time as the
call is being initiated. With Pay NowTM, the called party may immediately pay using a credit or debit card for one single call or
may elect to setup and / or fund a prepaid AdvanceConnect account. Provider will compensate the Customer at a rate of one
and 60/100 dollars ($1.60) for each call accepted and paid for using Pay NowTM. Pay NowTM is not subject to any other
compensation.
Text2Connect Text2ConnecI is a promotional program designed to get inmates in touch with Friends and Family
members quickly and to encourage them to set up a prepaid AdvanceConnect account. If (a) an inmate attempts a call to a
mobile phone, (b) the facility allows calls to mobile phones, and (c) the call cannot be billed by Provider, then call control will
be assumed by our third -party provider. Our third -party provider will prompt the called party to double opt -in to accept and
confirm the charges for a premium SMS text message and continue the call. Charges for the message are billed by the called
party's mobile provider on their mobile phone bill. The called party receives a text message receipt for the call charges and is
given instructions on how to open a prepaid AdvanceConnect account. Text2Connect is available through our third -party
processor who maintains relationships with select mobile phone companies around the country and manages the connection.
Text2Connect promotional calls are not commissionable, and Provider will pay the Customer a bonus payment of thirty
cents ($0.30) for each transaction fee billed and collected by the wireless carrier completed through the Text2Connect
platform. Bonus payments for each applicable connection will be added to your existing monthly commission statement.
Text2Connect is not subject to any other compensation.
AUTOMATED INFORMATION SERVICES
DESCRIPTION
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Securus Technologies, Inc. - Proprietary & Confidential` Form 11 10
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We will provide the Automated Information Services (AISTM) through our third party vendor, Telerus as described herein. The
AISTM application automates internal inquiries from detainees and outside calls from friends and family members on one
single platform. In addition, the application allows inmates' friends and families the ability to open or fund a pre -paid
telephone account as well as fund an inmate's trust account. The application is accessed through a telephone IVR system
that is available to all callers. Once facility staff has uploaded all required information, the system is able to automate
information such as:
• Commissary balances (pending MIS system data flow)
• Charge information
• Court Appearance Dates, Times, locations
• Bond Amounts, Types
• Projected Release Dates
• Visitation Eligibility Times
Automated Information Services 2.0 is configurable to meet the specific needs of the facility. The standard option includes
automation of inmate and facility information to constituents who call the existing main telephone number and to inmates at
the County's facility, Customer may also choose to add any of the following additional options (mark all that apply):
• Automation of inmate and facility information to constituents (standard)
• Automation of inmate and facility information to inmates (standard)
• Ability to open or fund a Securus pre -paid telephone account
• Ability to fund an inmate trust account
The application provides all information automatically without staff intervention 2417 from any standard day room or outside
telephone with no new wiring required. Facility staff personnel must maintain information on the system. Customer shall be
responsible for any /all integration fees incurred by its JMS /MIS system provider for AIS to receive inmate data.
PAYMENT
AIS shall be free of charge during the Initial Term. Provider reserves the right to renegotiate the AIST" monthly fee at the end
of the Initial Term. Moreover, the parties acknowledge that the AISTM' monthly fee (or lack thereof) is based on the features
selected and the Customer's estimated Average Daily Population ( "ADP "). Therefore, on January 1st of every year during the
term of service, Customer will provide its average ADP count so that the per inmate charge for AISTM, if any, may be adjusted
for the following year. Provider will modify the AISTM Fee per year based on a comparison of any three (3) consecutive
months' ADP levels. If the ADP levels have fluctuated by more than fifteen percent (15 %), Provider will modify the AISTM Fee
on a going forward basis. In addition, the AISTM' Fee is determined by AIS features chosen. Securus may increase the Al ST"
Fee if the feature set is modified or changed by the facility after contract execution.
VOICE MESSAGING
DESCRIPTION
The Voice Messaging application provides a secure, password protected, 2 -way communication vehicle for inmates and
Friends and Family members with which they can leave voice messages. The messaging service can be terminated at will for
particular inmates. No additional equipment is provided with this application.
COMPENSATION
When we begin charging for this service, a $0.75 transaction fee plus applicable taxes will be charged to the end -user for
each message delivered. The Customer will receive $0.25 for each transaction fee collected by Provider. All messaging
payments will be made in accordance with Texas PUC Sub Rule 26.27.
PREPAID CALLING CARDS
DESCRIPTION
Upon receipt of your written request, we will provide you with inmate Prepaid Calling Cards for resale to inmates at the
Facilities specified in the chart below. Prepaid Calling Cards are not returnable or refundable; all sales are final. Each
Prepaid Calling Card will be valid for no more than six (6) months from the date it is first used. The cards are subject to
applicable local, state, and federal taxes plus any applicable per call surcharge fee. If you authorize us, we will deal with your
third -party commissary operator ( "Commissary Operator") for the sole purpose of selling Prepaid Calling Cards to you. If that
is the case, you shall notify us in writing of any change in the identity of the Commissary Operator, which change shall be
effective on the date that we receive the notice. Notwithstanding anything to the contrary, you will remain primarily liable for
the payment for Prepaid Calling Cards sold to Commissary Operator on your behalf.
TAXES:
The face value of the Prepaid Calling Cards does not include any taxes or other fees. Provider will invoice Customer for each
Master Services Agreement - 8 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
order of Prepaid Calling Cards. Customer will pay invoices in accordance with the Texas Prompt Payment Act, Texas
Government Code Chapter 2251. Customer may provide a Sales and Use Tax Resale Certificate to Provider stating that
Customer will be responsible for charging the applicable taxes to the end -users and for remitting the collected taxes to the
proper taxing jurisdictions. If Provider receives a Sales and Use Tax Resale Certificate from Customer, Provider will not
charge applicable sales taxes on Customer invoices for Prepaid Calling Cards purchases.
COMPENSATION
The face value of the Cards less the applicable percentage specified in the chart below plus any applicable sales tax and
shipping charges shall be due and payable within thirty (30) days after the invoice date. After such thirty (30) day period, then
we reserve the right to charge interest on the overdue amount at the lower of (a) fifteen percent (15 %) per annum or (b) the
maximum rate allowed by law and to deduct the invoice price of the Cards plus any accrued interest from any amounts we
owe you until paid in full. if you authorize us in writing we will deduct amounts owed from your earned Commissions. If the
amounts owed exceed the Commission for the relevant month or if, for any reason, the Agreement terminates or expires
during the relevant month, then we will invoice you for the balance which shall be due within thirty (30) days after the date of
the invoice. All applicable sales taxes will be charged on the invoiced amount of the Prepaid Calling Card sale, unless
customer provides us a valid reseller's certificate before the time of sale.
rwnll ITILO AKIM SCI eTCn SPFr:IFICATIONS:
CALLING RATES
Provider will charge the rates set forth in the charts on the following page, which will not be changed without the consent of
the Customer. International rates, if applicable, will vary by country.
Master Services Agreement - 9 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 1110
Vol, _ Pg--
G
Facility Name and Address
Discount
Percentage
Brazos County Juvenile Detention
1904 W Hwy 21
77.5%
Bryan, TX 77803
Brazos County Detention Center
1835 Sandy Point Road
77.5%
Bryan, TX 77803
Brazos County Low Risk
1821 Sandy Point Road
77.5%
Bryan, TX 77807
CALLING RATES
Provider will charge the rates set forth in the charts on the following page, which will not be changed without the consent of
the Customer. International rates, if applicable, will vary by country.
Master Services Agreement - 9 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 1110
Vol, _ Pg--
G
c1112(_HARGE S 4 -
LLJVAL
DAY
EVENING
NIGHTIWIEEKEND
RATE
EACH
EACH
EACH
IIMLEAGE
CALL
CALL
CALL
0-99999
O.0000
0.0000
0.0000
CIIRCFiARGF_ 1 4.95
I
DAY
EVENING
NIGHTIWEEKEND
EACH
EACH
EACH
EACH
EVENING
EACH
RATE
INITIAL
ADUL
INITIAL
ADDt
INITIAL
ADUL
MILEAGE
PERIOD
PERIOD
PERIOD
PERIOD
PERIOD
PERIOD
1 -17
0.1000
0.0800
0.0750
0 -0600
0.0600
0.0480
18-22
0.1500
0.1200
0.1125
0 -0900
0 -0900
0.0720
23-28
02100
0.1800
0.1575
0.1350
0 -1260
0 -1080
2934
02400
02400
0.1800
0.1800
0.1440
0 -1440
3551
03100
0.3100
02325
02325
0.1850
0 -1860
52 -99999
0.3300
0.3300
02475
02475
0.1980
0.1980
���wuantac ! 1 2 an
INTERLATA INTRASIAIC
1 K I n I a..
DAY
EVENING
NIGHTIWEEKEND
EACH
--
EACH
DAY
EVENING
NIGHT/WEEKEND
INITIAL ADUL
MILEAGE
EACH
PERIOD PERIOD
EACH
0-99999
EACH
RATE
INITIAL
ADUL
INITIAL
ADDI-
INITIAL
ADD'L
MILEAGE
PERIOD
PERIOD
PERIOD
PERIOD
PERIOD
PERIOD
1 -17
02975
02625
02975
02625
02975
02625
18-22
0.3150
02975
0.3150
02975
0.3150
02975
23-28
0.3325
0.3150
0.3325
0.3150
0.3325
0 -3150
29-34
0.3325
0.3150
0.3325
0.3150
0.3325
0.3150
35-41
0.3325
0.3150
0.3325
0.3150
0.3325
0.3150
4251
0.3325
0.3150
0.3325
0.3150
0.3325
0 -3150
52-66
0.3325
0.3150
0-3325
0.3150
0.3325
0
67.81
0 -3675
0.3500
0.3675
0.3500
0 -3675
0.3500
82 -105
0.3675
0.3500
0.3675
0 -3500
0.3675
0 -3500
106 -124
0.3675
0.3500
0.3675
0- 3500
0.3675
0 -3500
125 -292
0.4025
0.3850
0.4025
0.ItM
0.4025
0 -3850
293-99999
0.4200
0 -4025
0.4200
0.4025
0.4200
0.4025
a 192f_uARAF S 3.95
111 1 C34.A 1 on
1 K I n I a..
DAY
EVENING
NIGHTIWEEKEND
EACH
EACH
EACH
RATE
INITIAL ADUL
INITIAL ADDL
INITIAL ADUL
MILEAGE
PERIOD PERIOD
PERIOD PERIOD
PERIOD PERIOD
0-99999
0.8900 1 0.8900
x.8900 0.8900
0.8900 0.8900
. plus applicable taxes and other govemment flees
Master Services Agreement - 10 of 11
Securus Technolog' ronrietary & Confidential - For 11.10
Vol,- _._, _0_.__ Pg._/k
Exhibit A: Customer Statement of Work
Brazos County (TX)
A300614
This Customer Statement of Work is made part hereto and governed by the Master Services Agreement (the "Agreement ")
executed between Securus Technologies, Inc. ( "we" or "Provider"), and Brazos County ( "you" or "Customer"). The terms and
conditions of said Agreement are incorporated herein by reference. This Customer Statement of Work shall be coterminous
with the Agreement.
A. Applications. The parties agree that the Applications listed in the Service icc ble section l of the Service Schedule t and in
to he
accordance with the Service Level Agreements as described in the app
Agreement.
B. Equipment We will provide the equipment/Applications in connection with the SCP services needed to support the
required number and type of phones and other components and storage for 2 years and 3 months. Additional equipment or
applications will be installed only upon mutual agreement by the parties, and may incur additional charges.
EXECUTED as of the Effective Date.
CUSTOMER:
Brazos County
PROVIDER:
Securus Technologies, Inc.
By' �s��
Name: Robert Pickens
Title: Chief Operating Officer
Please return signed contract to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277 -0300
Master Services Agreement - 11 of 11
Securus Technolo ies Inc. - Proorietary& Confidential -For 11.10
Vo{......_1 .D..__ Pg.
SECURUS'
MrHWM0r,Fs
Master Services Agreement
Brazos County (TX)
A300614
This Master C we re use o (this
'Provider). . This sAg Brazos County
any and all other agreements S
Technologies, ag eeme s(oral written, or
s, Inc.,
otherwise) that may have been made between the parties and shall be effective as of the last date signed by either party (the
"Effective Date'I. 1 an inmate
Whereas the Customer desires that Provider o he terms l and conddions in this Agree
a a ccording o he Schedule and Wo
Schedule
and m services a c 9
Orders, which are incorporated by reference into this Agreement;
Whereas the Provider accordino i to th t and conditions in h Agreement and the Schedule and Orders, which are
maintenance services acco g
incorporated by reference into this Agreement;
Now therefore, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Apalications This Agreement specifies the general for you. Additional terms and conditions with perform spect to the inmate -
related services and applications (the schedules entered Y
he Agreement and are to the terms and conditions t ons of this Agreement)
Applications will be specified in t In the event
Schedules are incorporated into 9
of any conflict between this Agreement c a l n a d as Schedule, on, the latest in shall governall govern. In the event of any conflict
between any two Schedules for a part Application,
"System ")
2. Use of ADPIICatIOnS. You grant umsheexclusive uding, w ith ou t I mitation the related hardware and software) ( from the
Applications through our inmate systems are responsible for
located in and around the inmate confinement facilities identified on the Schedul es (the 'Facilities"). a rovided in a particular
the manner in which you use the Applications. Unless expressly per c mittted (other than Schedule
expr sslyp written agreement with
us, you will not resell the Applications or provide access to the App
matereellatte�
Schedule), directly or indirectly, to thirds arts be D sole and the term
exc lusive provider of existing and any future i of this Agreement and subject to the remaining terms an
conditions of this Agreement, Provider hone calls, video calls, mes r
g 9 prepaid
communications including but not limited to voice, video, and data (ird phone such inmate communications,
cards, debit calling, and e-mail) at the Facilities in lieu to providing g
including without limitation, Cusiomer's employees, agents, osubcontac payment addresses are as stated in the
3. Comat!on Compensation for each Application, if any, and the app
Schedules. ffective as of the Effective but the 'Initial Term" shall
4. Term. The obligations of the parties shall of hardware and /omplementati n o networ e ma renew
k conCitY) end on
and begin shsh all t e e ads
after the Effective Dale (to allow for installation
the date that is 24 months thereafter. Upon the written request of the Customer, this Agreeme
s we continue to provide the Application to you after the expiration or
successive periods of 12 months each. Notwithstanding anything to the contrary, the terms and conditions of this Agreement long
shall continue to apply to each Schedule for so g
earlier termination of this Agreement.
s abut the quality of our Applications (the "Service Level Agreement "). The
5. Service Level Agreement and Limited Remedy. We are committed to providing you with SERVICEL LEVEL
Applications and we offer certain assura is as set forth in the applicable Schedule. THE
Service Level Agreement for each App AILURE OR DEFECT OF AN OF
AGREEMENT SETS FORTH THE SO I EXPRESS OR IMPLIED ED, INC U MPLIED DING THE WARRANTY R RA N TI FROM A
APPLI WE DISCLAIM ALL W ARRANTIES
MERCHANTABILITY DEALING OR USAGE OFRRADE, AND NONINFRINGE ENT
COURSE OF without the right to sublicense) to
nd
We grant you a personal ducts and materials in connection with the Applications (the
, non - exclusive, non - transferable
g. Software License. license
access a use certain proprietary computer software pro
The Software includes any upgrades, modifications, updates, and additions to existing features that en
"Software'). Updates do not include additional features and significant enhancements to
implement in our discretion (the "Updates "). P software products we obtain on your behalf. You authorize us
existing features. You are the license holder of any third -party
Master Services Agreement - 1 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
Voi- 9 a
to provide or preinstall the third -party software and agree that we may agree to the third -party End User License Agreements
on your behalf. Your rights to use any third -party software product that we provide shall be limited by the terms of the
underlying license that we obtained for such product. The Software is to be used solely for your internal business purposes in
connection with the Applications at the Facilities. You will not (7 permit any parent, subsidiary, affiliated entity, or third parry
to use the Software, (ii) assign, sublicense, lease, encumber, or otherwise transfer or attempt to transfer the Software or any
portion thereof, (iii) process or permit to be processed any data of any other party with the Software, (iv) alter, maintain,
enhance, disassemble, decompile, reverse engineer or otherwise modify the Software or allow any third party to do so, (v) re
furnish or conned the Software to
the products
in any manner prohibited by approve
he export
laws of the United States. o We a e not liable with
into any country, or
regard to any Software that you use in a prohibited manner.
7. Ownership and Use The System, the Applications, and related records, data, and information shall at all times remain
our sole and exclusive property unless prohibited by law, in which event, we shall have the unlimited right to use such
records, data, and information for investigative and law enforcement purposes. However, during the term of this Agreement
and for a reasonable period of time thereafter, we will provide you with reasonable access to the records. We (or our
licensors, if any) have and will retain all right, title, interest, and ownership in and to (i) the Software and any copies, custom
versions, modifications, or updates of the Software, (ii) all elated documentation, and (iii) any trade secrets, know -how,
methodologies, and processes related to our Applications, the System, and our other products and services (the "Materials ").
The Materials constitute proprietary information and trade secrets of Provider and its licensors, whether or not any portion
thereof is or may be the subject of a valid copyright or patent.
8. Legality /Limited License Agreement For services related to Applications which may allow you to monitor and record
inmate or other administrative telephone calls, or transmit or receive inmate electronic messages ("e-mail'); by providing the
Application, we make no representation or warranty as to the legality of recording or monitoring inmate or administrative
telephone calls or transmitting or receiving inmate e-mail messages. Further, you retain custody and ownership of all
recordings, and inmate e-mail messages; however you grant us a perpetual limited license to compile, store, and access
recordings or inmate calls and access inmate e-mail messages for purposes of (i) complying with the requests of officials at
the Facility, (ii) disclosing information to requesting law enforcement and correctional officials as they may require for
gical or public safety, purposes
investigative, penolo, (iii) performing billing and collection functions, or (iv) maintaining
equipment and quality control purposes. This license does not apply to recordings of inmate calls or e-mail messages with
their attorneys or to recordings or e-mail messages protected from disclosure by other applicable privileges.
9. Confidentiality and Non - Disclosure The System, Applications, and related call records and information (the
"Confidential Information ") shall at all times remain confidential to Provider. You agree that you will not disclose such
Confidential Information to any third party without our prior written consent. Because you will be able to access confidential
information of third parties that is protected by certain federal and state privacy laws through the Software and Applications,
you shall only access the Software with computer systems that have effective firewall and anti -virus protection. Moreover,
you acknowledge that the contents of this contrail constitute proprietary trade secrets and represent that you have not
disclosed the terms and conditions of this Agreement to anyone outside of your organization save your legal representative.
You warrant that you will keep the terms and conditions of this Agreement confidential and, unless required by court order or
statute, will not disclose such information without Provider's express written consent (except that you may disclose the
contents of this Agreement to your attorney or tax advisor, if any, but only after informing those persons that they must keep
confidential the information contained herein). Before complying with any such court order or statute, you agree to notify
Provider so that it may assert any rights to non - disclosure that it may have under the applicable law.
10. Claims To the fullest extent allowed by applicable law, each party by itself and /or its employees, agents, or contractors
agrees to be responsible for any loss, cost, claim, liability, damage, and expense (including, without limitation, reasonable
attorneys fees and expenses) (collectively "Claims °) arising out of (i) a breach of its own representations, warranties, and /or
covenants contained herein, or (ii) gross negligence or willful misconduct, or (iii) actual or alleged intellectual property
infringement.
Furthermore, the parties understand and agree that each one is subject to federal, state, and local laws and regulations, and
each party bears the burden of its own compliance. The Provider agrees to install and implement the Inmate Telephone
System according to the law governing the Provider, the instruction it receives from the Customer as to the Customer's
requirements under the law, and according to the Customer's facility's demographics. The Customer agrees to indemnify the
Provider against any and all Claims arising out of or related to instruction Provider receives from the Customer.
11. Insurance We maintain comprehensive general liability insurance having limits of not less than $2,000,000.00 in the
aggregate. You agree to provide us with reasonable and timely written notice of any claim, demand, or cause of action made
or brought against you arising out of or related to the utilization of the Applications and the System in which the Provider is
brought in as a co- defendant in the Claim. We have the right to defend any such claim, demand, or cause of action at our
sole cost and expense and within our sole and exclusive discretion. You agree not to compromise or settle any claim or
of te cause of action arising out of or related
of an to
such claim, dem a or ca se of actionout our prior written consent, and you are
required to assist us with our de Y
12. Default and Termination. If either party defaults in the performance of any obligation under this Agreement, then the non -
defaulting party shall give the defaulting party written notice of its default setting forth with specificity the nature of the default.
Master Services Agreement - 2 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 11 .10
If the defaulting party fails to cure its default within thirty (30) days after receipt of the notice of default, then the non - defaulting
party shall have the right to terminate this Agreement upon thirty Notw thstanding the foregoing, pursue
the thirty (30) day curve period
available to the non - defaulting parry , o e
, either at law or in equity. period, but
shall be extended to ninety (90) days if the default is not reasonably susceptible rred within gen tly pursues the cure of ion o nly if the defaulting parry has begun to cure are License" or the
the default during the thirty (30) day period
such default. Notwithstanding the for g oing, ll right�o t ebrriinate this Agreement mmedia ely
section entitled "Confidentiality", 1
13. Limitation of Liabili NY O ABILITY FOR NDIR AN TO THE
INCIDENTAL, SPEC AL, OR
IN THIS CONSEQUENTIAL DAMAGES, LOSS
PARTY SHALL HAVE A USE OR OTHER BENEFITS.
OF PROFITS OR INCOME, OS THE PARTY'S NEGLIGENC BREAC OF CONTRACT, OR OTHER FA EVEN IF
CAUSED AND EVEN IF D
SUCH PARTY HAS BEEN A O T AGREEMENT, WHETHER N CONTRACOT,T O AGGREGATE LIABILITY TO
TORT OR OTHERWISE, SHALL
RELATING TO OR ARISING OUT OF
NOT EXCEED THE AMOUNT WE PAID YOU DURING THE TWELVE (12) MONTH PERIOD BEFORE THE DATE THE
CLAIM AROSE.
14. Uncontrollable Circu c Lance. circumstances outside our control right
to enegotiaoythetFacil't e (including without limitation, changes in
advance written notice ity; material changes in jail
rates, regulations, or operations acts of God; actions you e take for security inmate
curity (such r as lock-downs)) negatively impact our
policy or economic conditions,
business; however, bj s all not federal, state or exercise
ocal egulatory F requirem requirements Customer
and restrictions a which l
are subject o
from the services is subject
from time -to -time and nothing contained herein to the contrary shall restrict Provider from taking any steps necessary to
perform in compliance therewith. agree that a 15. Injunctive Relief Both Use," s Confidential ty breach
would any
rreparably obligations
dmage and create t undue ha dships the other
License," "Ownership g apparent
party. Therefore, the non-breaching party shall be entitle to immediate court ordered in j unctive relief to stop any app
breach of such sections, such remedy being in addition to any other remedies available to such non - breaching party.
16. Force Maieure Either party may be excused from performance under this Agreement to the extent that perform a is
prevented b
or non avai ability of el po�wer� heat, I'rghteair tinning oeteleoommunicationsaequipment, other
failure, fluctuation shall use
equipment failure or similar event beyond is reasonable control; provided, however that the affected party
reasonable effort to remove such causes of non - performance.
ri Notices Any notice or pe s delivery; either
registtered orcertified U.S. mail, postage prepaid; or commercial courier
be in
writing and shall to given y p
delivery service,cothe iance with this section. Notices shall be deemed delivered as follows: personal delivery ' receipt;
written notice in p
U.S. mail —five days after deposit; and courier —when delivered as shown by courier recd s.
18. No Third party Beneficia shall not be onstrued so as to create such status. third-
The rights, duties, and obligations
party beneficiary, and this Agreement of this
contained herei s hall
to operate s st he parties n mining performing the r obligations hereundersand the parties
Agreement are
intend and expressly agree t hey t arty s erformance or failure to erform any term right
r condition of this Agreement, or to bring an
any remedy arising out of a ' p
action for the breach of this Agreement.
19. Miscel__ aneous• This o9 an event of under dth by and construed in s Agreement shall ope ate ar t e h State
a waive of any subsequent default
un waiver der the terms ms either party the Y this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the validity or
un
enforceability of the oth er and r respecti e successors and permitted assigns. Except binding
or assignments to our affiliates or
of Provider and Custom
to any entity with the eds to ur business in
written consent of the o hern with a merger or
this
party. Each signatory to this nAgrreement warrants and assig that
Agreement P
he or she has the unrestricted right and requisite authority to enter into and execute this Agreement, to bind his or her
respective party, and to authorize the installation and operation of the System. Provider and Customer each shall comply, at ir
its own expensed with aIll n la s Nothing in this Agreement still of respective construed by the part e or any
Agreement and Agreement
other entity to cr ud can onl be modified by a written n trump t signed by al parties. The rights and obligations, cannot p
modified orally a Y
which by their nature would extend beyond the termination, cancellation, or expiration of this Agreement, shall survive such
termination, ce e su r termination ,cancellation, or expi This Agreement be a ecuted in counterparts, each of
received befo
Master Services Agreement - 3 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
1
which shall be fully effective as an original, and all of which together shall constitute one and the same instrument. Each party
agrees that delivery of an executed' copy of this Agreement by facsimile transmission or by PDF e-mail attachment shall have
the same force and effect:as hand delivery with original signatures. Each party may use facsimile or PDF signatures as
evidence of the execution and delivery of this Agreement to the same -extent that original signatures can be used. This
Agreement, together with the exhibits and Schedules„ constitutes the entire agreement of the parties regarding the subject
matter set forth herein and supersedes any prior or contemporaneous oral or written agreements or guarantees regarding the
subject matter set forth herein.
EXECUTED as of the Effective Date.
CUSTOMER:
Brazos County
By:
Lca_c �
Name: D �Q PL 11
PROVIDER:
Securus Technologies, Inc.
By::
Name: Robert Pickens
Title:
io0
Title: Chief Operating Officer
Date: �02
Date: /D - LC - I L—
Customers Notice-Address and Phone Number:
Provider's Notice Address:
300 E 26` Street
14651 Dallas Parkway, Suite 600
Bryan, TX 77803
Dallas, Texas 75254
Attention: General Counsel
Phone: (972) 277 -0300
Phone: (979) 361 -4100
Please return signed contract to'
14651 Dallas Parkway
'Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277 -0300
Provider's Payment Address:
14651 Dallas Parkway, Suite 600
Dallas, Texas 75254
Attention: Accounts Receivable
Master Services Agreement - 4 of 11
Securus Technologies, Inc.: Proprietary & Confidential_.- Form 11.10
.r a
Schedule
Brazos County (TX)
A300614
This Schedule is between Securus Technologies, Inc. ( "we" or "Provider"), and Brazos County ( "you" or "Customer") and is
part of and governed by the Master Services Agreement (the "Agreement ") executed by the parties. The terms and
conditions of the Agreement are incorporated herein by reference. This Schedule shall be coterminous with the Agreement
( "Schedule Effective Date ").
A. Applications We will provide the following Applications:
CALL MANAGEMENT SYSTEM
DESCRIPTION
Secure Call Platform: Secure Call Platform ( "SCP ") provides through its centralized system automatic placement of calls by
inmates without the need for conventional live operator services. In addition, SCP has the ability to (a) monitor and record
inmate calls, (b) automatically limit the duration-of each call to a certain period designated. by us, (c) maintain call detail
records in accordance with our standard practices; (d) automatically shut the System on or off, and (e) allow free calls to the
extent required by applicable law. We will be responsible for all billing and collections of inmate calling charges but may
contract with third parties to perform such functions. SCP will be provided at the Facilities specified in the chart below.
COMPENSATION
Collect Calls We will pay you commission (the "Commission ") based on the Gross Revenues that we earn through the
completion of collect calls placed from the Facilities as specified in the chart below. "Gross Revenues" shall mean all gross
billed revenues relating to completed collect calls generated by and through the Inmate Telecommunications System.
Regulatory required and other items such as federal, state and local charges, taxes and fees, including transaction funding
fees, transaction fees, credits, billing recovery fees, charges billed by non -LEC third parties, and promotional programs are
excluded from revenue to the Provider. We shall remit the Commission for a calendar month to you on or before the 30th day
after the end of the calendar month in which the calls were made (the "Payment Date "). All Commission payments shall be
mad in accordance with Texas PUC Sub Rule 26.27 Your payment address is as set forth in the signature block below. You
shall notify u s in writing at least sixty (60) days before a Payment Date of any chang in your payment address.
FACILITIES AND RELATED SPECIFICATIONS:
Type of Call Commission Revenue Base Commissions Payment
Facility Name and Address Management Percentage for Calculation of Address
Service g Commission
Brazos County Juvenile Detention
1904 W Hwy 21
Bryan, TX 77803
Brazos County Detention Center Gross 200 S. Texas Avenue # 240
1835 Sandy Point Road SCP 77.5% Revenues Bryan, TX 77803
Bryan, TX 77803
Brazos County Low Risk
1821 Sandy Point Road
Bryan, TX 77807
CENTRALIZED NET CENTRIC VOIP DIGITAL TRANSMITTED CALL MANAGEMENT SYSTEM
DESCRIPTION
Secure Calling Platform User Interface We will provide you with the Software regarding the Secure Calling Platform
Interface ("S -Gate User Interface ") which may be used only on computers and other equipment that meets or exceeds the
specifications in the chart below which we may amend from time to time ( "Compatible Equipment "), for a total of licensed
users as specified in the attached Customer Statement of Work. Customer represents that (i) it will be responsible for
distributing and assigning licenses to its end users; (ii) it will use the SCP User Interface for lawful purposes and shall not
transmit, retransmit or store material in violation of any federal or state laws or regulation; and (iii) it will monitor and ensure
that its licensed end users comply as directed herein.
Master Services Agreement - 5 of 11
Securus Technologies, In a c_- Proprietary & Confidential -form 11.10
t
SERVICE LEVEL AGREEMENT
We agree to repair and maintain the System in good operating condition (ordinary wear and tear excepted), including, without
limitation, furnishing all parts and labor. All such maintenance shall be conducted in accordance with the service levels in
Items 1 through 10 below. All such maintenance shall be provided at our sole cost and expense unless necessitated by any
misuse of, or destruction, damage, or vandalism to any premises equipment by you (not inmates at the Facilities), in which
case, we may recoup the cost of such repair and maintenance through either a Commission deduction or direct invoicing, at
our option. You agree to promptly notify us in writing after discovering any misuse of, or destruction, damage, or vandalism
to, the said equipment. If any portion of the System is interfaced with other devices or software owned or used by you or a
third party, then we shall have no obligation to repair or maintain such other devices or software. This SERVICE LEVEL
AGREEMENT does not apply to any provided Openworkstation(s) (see below). For the services contemplated hereunder,
we may provide, based upon the facilities requirements, two types of workstations (personal
computer /desktopAaptop/terminal): The "Openworkstation" is an open non - secured workstation which permits administrative
user rights for facility personnel and allows the facilities an ability to add additional third -party software. Ownership of the
Openworkstation is transferred to the facility along with a three -year product support plan with the hardware provider. We
have no obligation to provide any technical and field support services for an Openworkstation. CUSTOMER IS SOLELY
RESPONSIBLE FOR THE MAINTENANCE OF ANY OPENWORKSTATIONS(S).
1. Outage Report: Technical Support If either of the following occurs: (a) you experience a System outage or malfunction
or (b) the System requires maintenance (each a "System Event "), then you will promptly report the System Event to our
Technical Support Department ( "Technical Support"). You may contact Technical Support 24 hours a day, seven days a
week (except in the event of planned or emergency outages) by telephone at 866 -558 -2323, by email at
TechnicalSupport @securustech.net, or by facsimile at 800 - 368 -3168. We will provide you commercially reasonable notice,
when practical, before any Technical Support outage.
2. Priority Classifications Upon receipt of your report of a System Event, Technical Support will classify the System Event
as one of the following three priority levels:
Priority 1 30% or more of the functionality of the System is adversely affected by the System Event.
Priority 2 5% - 29 %% of the functionality of the System is adversely affected by the System Event.
Priority 3 5% or less of the functionality of the System is adversely affected by the System Event. Single and
multiple phones related issues.
3. Response Times After receipt notice of the System Event, we will respond to the System Event within the following
time periods:
Priority 1 2 hours
Priority 2 24 hours
Priority 3 72 hours
4. Response Process In the event of a System Event, where the equipment is located on Customer premises, Technical
Support will either initiate remote diagnosis and correction of the System Event or dispatch a field technician to the Facility (in
which case the applicable regional dispatcher will contact you with the technician's estimated time of arrival), as necessary.
In the event of a System Event occurs in the centralized SCP system, technical support will initiate remote diagnosis and
Master Services Agreement - 6 of 11
Securus Technologies, Inc. - Proprietary. & Confidential - Form_ 11.10
correction of the System Event.
5. Performance of Service All of our repair and maintenance of the System will be done in a good and workmanlike
manner at no cost to you except as may be otherwise set forth in the Agreement. Any requested modification or upgrade to
the System that is agreed' upon by you and us may be subject to a charge as set forth in the Agreement and will be
implemented within the time period agreed by the parties.
6. Escalation Contacts Your account will be monitored by the applica -ble Territory Manager and Regional Service
Manager. In addition, you may use the following escalation list if our response time exceeds 36 hours: first to the Technical
Support Manager or Regional Service Manager, as applicable, then to the Director of Field Services, then to the Executive
Directoi, Service.
7. Notice of Resolution After receiving internal notification that a Priority 1 System Event has been resolved, a member of
our management team will contact you to confirm resolution. For a Priority 2 or 3 System Event, .a member of our customer
satisfaction team will confirm resolution.
8. Monitoring We will monitor our back office.and validation systems 24 hours a day, seven days a week.
9. Required IGR You are responsible providing a dedicated isolated grounded receptacle ( "IGR ") for use in connection
with the primary System. Upon request we will provide you with the specifications for the IGR. If you are unable to or do not
provide the IGR, then we will provide the IGR.on a time and materials basis at the installer's then - current billing rates,
provided that we are not responsible for any delay caused by your failure to provide the IGR.
10. End User Billing Services and Customer Care Our Securus Correctional Billing Services department will maintain
dedicated customer service representatives to .handle end -user issues such as call blocking or unblocking and setting up
end -user payment accounts. The customer service representatives are available 24 hours a day, 7 days.a week by telephone
at 800 - 844- 6591,via chat by visiting our website www.securustech.net by email at CustomerService (&-Securustech.net and
by facsimile at 972 - 277 -0714. In addition, we will maintain an automated inquiry system on a toll -free customer service phone
line that will be available to end -users 24 hours a day, 7 days •a week to provide basic information and handle most routine
activities. We will also accept payments from end -users by credit card, check, and cash deposit (such as by money order,
MoneyGram or Western Union transfer).
INSTANT PAYTTM PROGRAM
DESCRIPTION
The Instant PayTm promotional program optimizes the call routing at Facilities by connecting'as many calls as possible. If'a
call is attempted but there is no account or calling card open or in use to pay for the call,, the can be routed to the Instant
Pay Program. The Instant Pay Program will offer the called party additional options to connect the call as well as provide
information and promotional messaging on how to create a prepaid AdvariceConnect" Account.
COMPENSATION
Pay NowTm Pay NowTm is an instant paid payment,product available to facilities that have the Instant Pay promotional
.calling
me as the
program installed that P the o party parttlma immediately pay a l a creditor debit card one single call or
call is being initiated. With Pay NowTm, the called party y Y us n 9
may elect to setup and / or fund a prepaid AdvanceConnect account. Provider will compensate the Customer at a rate of one
and 60/100 dollars ($1.60) for each call accepted and paid for using Pay.Now Pay NowT is not subject to any other
compensation.
Text2Connect Text2Connect is a promotional program designed to get inmates in touch with Friends and Family
members quickly and to encourage them to set up a prepaid AdvanceConnect account. If (a) an inmate attempts a call to a
mobile phone, (b) the facility allows calls to mobile phones, and (c) the call cannot be billed by double t in to a c o t and II
o
be assumed by our third -party provider. Our third -party provider will prompt the called party P -
confirm the charges for a premium SMS text message and continue the call. Charges for the message are billed by the called
party's mobile provider on their mobile phone bill. The called party receives a text message receipt for the call charges and is
given instructions on how to open a prepaid AdvanceConnect" account. Text2Connect is available through our third -party
processor who maintains relationships with select mobile phone companies around the country and manages the connection.
Text2Connect promotional calls are not commissionable, and Provider will pay the- Customer a bonus payment of thirty
cents ($0.30) for each transaction fee billed and collected by the wireless - carrier completed through the Text2Connect
platform..Bonus payments for each applicable connection will be added to your existing monthly commission statement.
Text2Connect is not subject to any other compensation.
AUTOMATED INFORMATION SERVICES
DESCRIPTION
Master Services•Agreement - 7 of 11
` ... Securus Technologies, Inc.:- Proprietary & Confidential - Form 11.10
We will provide the Automated Information Services (AISTM) through our third party vendor, Telerus as described herein. The
AISTM application automates internal inquiries from detainees and outside calls from friends and family members on one
single platform. In addition, the application allows inmates' friends and families the ability to open or fund a pre -paid
telephone account as well as fund an inmate's trust account. The application is accessed through a telephone IVR system
that is available to all callers. Once facility staff has uploaded all required information, the system is able to automate
information such as:
• Commissary balances (pending MIS system data flow)
• Charge information
• Court Appearance Dates, Times, locations
• Bond Amounts, Types
• Projected Release Dates
• Visitation Eligibility Times
Automated Information Services 2.0 is configurable to meet the specific needs of the facility. The standard option includes
automation of inmate and facility information to constituents who call the existing main telephone number and to inmates at
the County's facility, Customer may also choose to add any of the following additional options (mark all that apply):
• Automation of inmate and facility information to constituents (standard)
• Automation of inmate and facility information to inmates (standard)
✓ Ability to open or fund a Securus pre -paid telephone account
✓ Ability to fund an inmate trust account
The application provides all information automatically without staff intervention 2417 from any standard day room or outside
telephone with no new wiring required. Facility staff personnel must maintain information on the system. Customer shall be
responsible for any /all integration fees incurred by its JMS /MIS system provider for AIS to receive inmate data.
PAYMENT
AIS shall be free of charge during the Initial Term. Provider reserves the right to renegotiate the AISTM monthly fee at the end
of the Initial Term. Moreover, the parties acknowledge that the AISTM' monthly fee (or lack thereof) is based on the features
selected and the Customer's estimated Average Daily Population ( "ADP "). Therefore, on January 1 st of every year during the
term of service, Customer will provide its average ADP count so that the per inmate charge for AISTM, if any, may be adjusted
for the following year. Provider will modify the AISTM' Fee per year based on a comparison of any three (3) consecutive
months' ADP levels. If the ADP levels have fluctuated by more than fifteen percent (15 %). Provider will modify the AISTM Fee
on a going forward basis. In addition, the AISTM' Fee is determined by AIS features chosen. Securus may increase the AISTM
Fee if the feature set is modified or changed by the facility after contract execution.
VOICE MESSAGING
DESCRIPTION
The Voice Messaging application provides a secure, password protected, 2 -way communication vehicle for inmates and
Friends and Family members with which they can leave voice messages. The messaging service can be terminated at will for
particular inmates. No additional equipment is provided with this application.
COMPENSATION
When we begin charging for this service, a $0.75 transaction fee plus applicable taxes will be charged to the end -user for
each message delivered. The Customer will receive $0.25 for each transaction fee collected by Provider. All messaging
payments will be made in accordance with Texas PUG Sub Rule 26.27.
PREPAID CALLING CARDS
DESCRIPTION
Upon receipt of your written request, we will provide you with inmate Prepaid Calling Cards for resale to inmates at the
Facilities specified in the chart below. Prepaid Calling Cards are not returnable or refundable; all sales are final. Each
Prepaid Calling Card will be valid for no more than six (6) months from the date it is first used. The cards are subject to
applicable local, state, and federal taxes plus any applicable per call surcharge fee. If you authorize us, we will deal with your
third -party commissary operator ( "Commissary Operator') for the sole purpose of selling Prepaid Calling Cards to you. If that
is the case, you shall notify us in writing of any change in the identity of the Commissary Operator, which change shall be
effective on the date that we receive the notice. Notwithstanding anything to the contrary, you will remain primarily liable for
the payment for Prepaid Calling Cards sold to Commissary Operator on your behalf.
TAXES:
The face value of the Prepaid Calling Cards does not include any taxes or other fees. Provider will invoice Customer for each
Master Services Agreement - B of 11
Securus Technologies, Inc_-- Ptopbetarat , &LoafidentiOX - FOum 11 : to-
i
order of Prepaid Calling Cards. Customer will pay invoices in accordance with the Texas Prompt Payment Act, Texas
Government Code Chapter 2251. Customer may provide a Sales and Use Tax Resale Certificate to Provider stating that
Customer will be responsible for charging the applicable taxes to the end -users and for remitting the collected taxes to the
proper taxing jurisdictions. If Provider receives a Sales and Use Tax Resale Certificate from Customer, Provider will not
charge applicable sales taxes on Customer invoices for Prepaid Calling Cards purchases.
COMPENSATION
The face value of the Cards less the applicable percentage specified in the chart below plus any applicable sales tax and
shipping charges shall be due and payable within thirty (30) days after the invoice date. After such thirty (30) day period, then
we reserve the right to charge interest on the overdue amount at the lower of (a) fifteen percent (15 %) per annum or (b) the
maximum rate allowed by law and to deduct the invoice price of the Cards plus any accrued interest from any amounts we
owe you until paid in full. If you authorize us in writing we will deduct amounts owed from your earned Commissions. If the
amounts owed exceed the Commission for the relevant month or if, for any reason, the Agreement terminates or expires
during the relevant month, then we will invoice you for the balance which shall be due within thirty (30) days after the date of
the invoice. All applicable sales taxes will be charged on the invoiced amount of the Prepaid Calling Card sale, unless
customer provides us a valid reseller's certificate before the time of sale.
FACILITIES AND RELATED SPECIFICATIONS:
Facility Name and Address
Discount Percentage
Brazos County Juvenile Detention
1904 W Hwy 21
77.5%
Bryan, TX 77803
Brazos County Detention Center
1835 Sandy Point Road
77.5%
Bryan, TX 77803
Brazos County Low Risk
1821 Sandy Point Road
77.5%
Bryan, TX 77807
_CALLING RATES
Provider will charge the rates set forth in the charts on the following page, which will not be changed without the consent of
the Customer. International rates, if applicable, will vary by country.
Master Services Agreement - 9 of 11
Securus Technologies, Inc. - Proprietary & Confidential - Form 11.10
cr1rtr- 41ARnr- S 4 -65
LOCAL
DAY:.
EVENING
NIGHTIWEEKEND
RATE
EACH
EACH
EACH
ULEAGE
CALL
CALL
CALL
0-99M
0.0000
0.0000
1 0.0000
cI Io S A 95
INTRALATA INTRAS
IA l t
EVENING
--
NIGHTIWEEKEND
SURCHARGE
DAY
DAY
EVENTING
NIGHT/WEEKEND
EACH
EACH
EACH
EACH
EACH
EACH
RATE
INITIAL
ADD'L
INITIAL
ADDI-
INITIAL
ADUL
bOLEAGE
PERIOD
PERIOD
PERIOD"
PERIOD
PERIOD
PERIOD
1 -17
0.1000
0 -0800
0.0750
0.0600
0.0600
0.0480
18-22
0 -1500.
0.1200
0.1.125
0.0900
0.0900
0.0720
23-28
02100
0.1800
0.1575
0.1350
0.1280_
0-1080
-3325
0.3325
02400
02400
0:1800
0.1800
0.1440
0.1440
29•34
3551
1 0.3100
0.3100
02325
02325
0.1860
0.1860
52 -99999
0.3300
0.3300
` 02475
02475
0.1980
0.1980
INTERLATA INTRASTATE
SURCHARGE
DAY
EVENTING
NIGHT/WEEKEND
EACH
EACH
EACH
RATE
INITIAL
ADUL
WmAL
ADDI-
INMAL
ADD1-
MLEAGE
PERIOD
PERIOD
PERIOD
PERIOD
PERIOD
PERIOD
1 -17
02975
02625
02975
02825
02975
02625
18-22
0.3150
02975
0.3150
02975
0.3150
02975
23-28
0
03150
0.3325
0.3150
0.3325
0.3150
29-34
-3325
0.3325
0-3150
0.3325
03150
0.3325
0.3150
35.41
0.3325
0.3150
0.3325
03150
0.3325
0.3150
42 -51
0.3325
0.3150
0 -3325
0.3150
0 -3325
0.3150
52-68
0.3325
0.3150
0.3325
0.3150
0.3325
0.3150
67-81
0.3875
0.3500
0.3875
0.3500
0.3875
0 -350
82 -105
0.3675
03500
0.3675
0.3500
0.3675
0 -3500
106 -124
0.3675
0.3500
0.3675
0.3.500
0.3675
0.3500
125 -292
0:4025
0,3850
0.4025
0.3850
0 -4025
0 -3850
293 -99999
0.4200
0.4025
0.4200
0.4025
0.4200
0.4025
SURCHARGE
$ 3.95
INTERLATA INTERSTATE
NIGHTIWEEKEND
DAY
EVENING
EACH
EACH
EACH
RATE
INITIAL
ADUL
INITIAL
ADUL
INITIAL
ADD'L
MILE AGE.
PERIOD
PERIOD
PERIOD
PERIOD
PERIOD
0 RI �
0 -99999
0.8900
0.8900
0.8900
0.8900
1 0-
' plus applicable taxes and other government fees
V01. 1 pq�--Il
Master Services Agreement - 10 of 11
Securus Technologies, Inc. - Proprietary 8 Confidential - Form 11 .10
Exhibit A: Customer Statement of Work
Brazos County (TX).
A300614
This Customer Statement of Work is made part hereto and governed by the Master Services Agreement (the "Agreement ")
executed between Secures Technologies,�lnc. ( "we" or "Provider"), and Brazos County ( "you" or "Customer"). The terms and
.conditions of said Agreement are incorporated herein by reference. This Customer Statement of Work shall be coterminous
with the Agreement.
A. Applications. The parties agree that the Applications listed in the Service Schedule or below shall be provided and in
accordance with the Service Level Agreements as described in the applicable.section of the Service Schedule to the
Agreement.
B. Equipment We will provide the equipment/Applications in connection with the.SCP services needed to support the
required number and type of phones and other components and storage for 2 years and 3 months. Additional equipment or
applications will be installed only upon mutual agreement by the parties, and may incur additional charges.
EXECUTED as of the Effective Date.
CUSTOMER: PROVIDER:
Brazos County Securus Technologies, Inc.
B
By: y:
Name: )' Name: Robert Pickens
Title: V Title: Chief Operating Officer
Please return• signed contract t o:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277 -0300
F IZ Q - -- - --
Master Services Agreement - 11 of 11
Securus Technologies, Inc. - Proprietary & Confidential'- Form 11.10
N
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CATERPILLAR FINANCIAL SERVICES CORPORATION
GOVERNMENTAL EQUIPMENT LEASE-PURCHASE AGREEMENT
DOCUMENT PACKAGE
V 7-6
Explanation of Contents
to serve your
Thank you for selecting Caterpillar producs all of the forms that ill be needed for staudarda exempt lease purchase
financing needs. Included in this document packag e
transactions. The forms have been designed to be clear, concise and user f ne st oats about any of provided s trasacponwen ° e
. We have purpose of each form. If you wish to discuss any of the forms or have any q
encourage you to contact your Caterpillar Dealer or Caterpillar Financial Services Corporation at 1- 866 -263 -3791 Option # 5.
ntal Lease-Purchase Agreement conains the A. Governmental Equipment Lease - Purchase aid C Financial Financia s Corporation tax exempt leasetpurch se terms that
govern each transaction between us. It is the star
agreement, and provides that we will tease to you the equipment described therein pursuant to a full payout amortization schedule.
c- Purchase Agreement will have to be signed in connection with each transaction.
new Governmental Equipment a wi that
B. Delivery Certification. The Delivery Certification
s signed by you
Agreement when is operationaland confirm good whworking ing order` As a
lease- purchased under the Governmental Equipment chase
not involved in the manufacture, selection or delivery of the equipment we are relying upon you to ensure that the equipment works.
C. Lessee's Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions
to approve the Governmental Equipment Lease-Purchase A �able to usAng your customary or
sandard feorrmpro id d ontai s
t cit
may also take other forms such as an ordinance. We a g roves
specific approval for the lease - purchase agreement, designates persons who are authorized to sign on your behalf and either app
the document forms or delegates this authority to a named official
D. Verification of Insurance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for
the a uipment being lease- purchased. You will need to supply the requested information to us so we can verify coverage.
q
E. Opinion of Counsel. An opinion of counsel is requirein ve complied. al _ l open meeting lawsl publication and notice chase
Agreement. The opinion is intended to confirm that you ha
requirements, procedural rules for governing body meng
and any other relevant state or local with these laws and regulations ourselves absent long delays and
rules or regulations. We would be unable to confirm
higher costs so we rely upon the opinion of your
regulations mey since he/she may to which you are subhect.b the
opinion also c process
otnfirms that you are an entity
transaction and is an expert in the laws and
eligible to issue tax - exempt obligations and that u ha v ve e with re ever t tax 1 Purchase Agreement will be treat as tax -
exempt as it is your obligation to ensure that y
F. Form of 8038G or GC. Form 8038 is required b foe Internal h Goverrnmental Service monitor
quip ment Lease - the amount of
0
Agreement. n nt Whether a Form
o bli g ations issued. You have to execute a Form 8
Equipment Bement. If the
8038 G or GC is required depends on the original principal GC is w with the IRS. if the original principal amount is 00,000 o
original principal amount is less than $100,000 Form 8038 form and complete according to IRS guidelines. Contact your
more Form 8038G is filed with the IRS. Choose the appropriate
TM or Sales Support Representative for assistance. IRS Form 8038G
http:l /www•irs. Qovlpublirs- pdf /f8038g�d
IRS Form 8038GC
http l / www irs aovlpub /irs- gdflf
re
This Explanation of Contents is prepared as an accommo t in ° its n ce sonable jirdgmentl may uir and is not intended
s intended some as an example of some o to
the documents that Caterpillar Financial Services Corporation,
constitute legal advice. Please engage and use your own iesentatio r that the documents listed herein are l the only documents that nay
so nothing herein shall be construed as a warranty o P
be required in any particular transaction or that par lar enforsceable�agaist the parties named herein n n this
cordance the
Contents, will be a valid, binding and enforceab le obligation
terms of the documents named herein.
V
CATERPILLAR FINANCIAL SERVICES CORP.
These documents were prepared especially for:
BRAZOS COUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Dealer: MUSTANG MACHINERY COMPANY, LTD, E300 Date: 10/24/2012
Quote Number: 3625611 Time: 3:26 PM
Credit Application Number: 1993440
Comments:
DOCUMEN CHECKLIST (GOVERNMENTAL LEA
Comments
Customer Executed Documents
❑Lease Purchase Document
❑Delivery Certification
DInsurance Verification
❑8038G or 8038GC --
❑Advance Payment (cross out if N /A) --
❑Customer Information Verification
❑Tax Exemption Certificate
OAny necessary Riders /Amendments
❑Lessee's Resolution + Minutes of Meeting OR
❑Other
Checklist completed and confirmed by: Print Name:
Date:
These Documents do not constitute any offer or commitment to offer financing by Caterpillar Financial
Services Corporation without Caterpillar Financial services Corporations expressed written approval-
GOVERNMENTAL EQUIPMENT LEASE - PURCHASE AGREEMENT
(MANDATORY FINAL PAYMENT)
Transaction Number 1993440
Lessee: BRAZOS COUNTY Lessor: Caterpillar Financial Services Corporation
Address: 2120 West End Avenue
Address: 200 SOUTH TEXAS AVE City: Nashville
City: BRYAN State /Zip: Tennessee 37203 -0001
State/ Zip TX 77803 HASE THE
LESSOR S HALL BE UNDER O OB LIGATION
AGREEMENT TO LESSOR ON O NOVEMBER 23, 201EASE UNLESS LESSEE EXECUTES AND
2
RETURNS
1. LEASE PAYMENTS; CURRENT EXPENSE. Lessee agrees to pay the lease payments (the 'Lease Payments ") with respect to this Agreement during the term hereon in
the amounts and on the dates specified below. A portion of each Lease Payment is paid as and represents the payment of interest and the balance of each Lease Payment is
paid as and represents payment of principal. Lessor is authorized to Insert the due dates of the Lease Payments and any other information that should be added hereto in
as
order for this Agreement to reflect the specific agreements of the parties hereto. All Lease Payments shall be paid to Lessor without notice or demand at such place ly from moneys legally available therefor, in lawful
ey Lessor
,
may from time to time designate t t written notice to Lessee. Lessee shall pay the Leese Payments shall shall constitute a current expense of Lessee for
e money of the
United States of America. The obligations of Lessee, including its obligation to pay the Lease Payments due in any fiscal y ear
such fiscal year and shall not constitute an indebtedness of Lessee within the � (ning of the constitution end IP �f the State in which Lessee h located (the 'State').
tj it a or Nothing herein shall constitute a pledge by Lesseeco YherxeeunderlEXCEPT AS PROVIDED N PA RAGRAPH 4 , LESSEE'S OBLIGATIONS To MAKE THE ( PAYMENTS TO
(as defined in the last sentence of this Paragraph) g AGREES THAT IT WLL MAKE ALL SUCH
LESS ENTS TO LESSOR REGARDLESS OF, AND WILL NOASSERT AGAINST LESSOR, AN S YDEFENSE, CIAI SETOFF, OR COUNTERCLA M OR OTHER RIGHT,
PAYM
EXISTING OR FUTURE, WHICH LESSEE MAY HAVE AGAINST THE LE to be paid by he auntie OR ENTITY FOR ANY REASON. As used in this Agreement,
"Payments' shall mean the Lease Payments and any other amounts required able in 3 successive
Lease Payments shall be paid by Lessee to Lessor as follows: $38,627.70 will be paid in advance and the balance of the Lease Payments is pay
.h, and the last nde with the first Leese Payme pa yments on the date that a mo u nt of $ 8,62 this Lease end sub equent Lea Payments due on 7 a 1 ke o ealcl h then amounts then
owing hereu nt on the date it is due, lessee shell pay to Lessor, on demand a late payment charge equal to the lesser
thereafter until paid in full. If Lessor does riot receive a Lease Payme
of five percent (5%) of the payment not paid when due or the highest charge allowed by low, whichever is less.
The portion of the Lease Payments constituting principal shall bear interest (Computed on the basis of actual days elapsed in a 36D day year) at the rate of 2.60% per
annum.
2. SECURITY INTEREST. Lessor agrees to lease Y Lessee and Lessee agrees lo t prior lease from securit in the items of equipment ti t l e, and i nterest ipmentof L s i beb g i order o
secure all of its obligations timere h L her subst i to Le ssor
, end on any proceeds therefr and (b) a r ight,
agrees to do any further act and hereb authorizes the fling of or
and in ail additions
such fin ancing te to evidence s
I-;, or to exe cute and eliver such certificates of title, notices or
uch security interest. Lessee t its xpe se will protect and defend assoes security interest n the Equipment nd wil keep the Equipment free and
a
appropn
clear of any and all claims, liens, encumbrances and legal processes however and whenever arising.
Serial# VIN#
Description of Ua1tLIs)
(1) New 930K Caterpillar small Wbeel Loader
Lessee confirms that it has an Immediate need for, and expects to make immediate use of, substantially all the Equipment, which need is not temporary or expected to
diminish during the tern of this Agreement. The Equipment mess carri used Lessee for the purpose thn Of Lesee Performing or more of Lessee's governmental functions consistent
with the scope of Lessee's authority and not in any a or
3, WARRANTIES. LES OAS TO LESSOR, LESSEE'S LEASE A D PURCHASE THE EQU PMENT ENTATI BE ON AN "AS IS' AND " such w Except 'WITH
AS TO THE EQUIPMENT.
ALL FAULTS ran amendment l enforce pro dad ereintino agree is t uth nd re re waive or al a ny, te m or condition of this Ag eement. the maker of such warranties. xeep
pursue
^ants and represents to Lessor that (a) Lessee will, to the extent permitted by State law include in ha budget for each successive 4. NONAPPROPRIATION. Lessee cove
fiscal year during the tens of this Agreement a sufficient amount to permit Lessee to discharge all of its obligations hee unde pyisbn of this Agreem budgeted and
a contrary, Lessor no
the current fiscal year sufficient funds to comply with its obligations under t of sums due hereunder. nd (c) there are Notwithstanding y provision affecting Lessee that could reasonably
be expected to adversely affect its ability to budget funds for the payment sixty
and Lessee agree that in the event that prior to the commencement of any of Lessee's fiscal years Lessee does not have en sufficient funds
of suc fiscal year for the Payments due
due hereunder for said fiscal year. Lessee shall have the option of terminating this Agreement as of the date of the commencement of such fiscal year by giving Lessor d cols
(80) days p in accordance with Paragraph
riot wririen all return to notice of its intent to cancel this Agreement No later than the last day of the last fiscal year for which appropriations
the Lease Payments beyond such fiscal year,
hereunder (the "Return Date "), Lessee sh expense to Less
Lessor all, but not less than Lessee and L
of the Equipment, at Lessee's ad or are expense, henMSe available, provided further, that Lessee
Agreement shall terminate on the Return Date without penalty or expee Lessee shot l not ro obligated or to pay
provided, that Losses shall pay all Lease Payments and other Payments for which moneys have been appropriated
shall pay month -lo -month rent at the rate set by lessor for each month or part thereof that Lessee (ails to return the Equipment.
ism mv�tna �.._...- ..�. _ -._�.. _..._.... _�.- _..__... ..,_... ._.. .. - ... -.... __.
tn>si i.iwp.ua.��t � :cnrr
���iai Vol, ��
S. TAX WARRANTY. Lessee is validly existing as a body corporate and politic and public instrumentality of the State with the power and authority to enter into this
Agreement and to carry out its obligations hereunder and the transactions contemplated hereby. Lessee shall, at all times, do and perform all acts and things necessary and
sor wihln�e c° in tha Lessor and shall not take or permit any at or ng that co cause the th st com of the purposes ass Federal income
received bythe L Lessor to
from t g ross
than Lessee. Lessee will repo th e es Le ase Purchase to the Internal Revenue Service by filing Form 8038G, 8038C or 8038 is applicable R Failure b to do will
included in the cause the agreement to lose its tax exempt status. Lessee agrees that I the appropriate form is not filed, the interest rate will be adjusted to the equivalent taxable interest
rate. w or 8, ASSIGNe EN end ss t Agreement and the Equipment cone t. nl or assign o securty interest here n9 n wholeeor pl prt L s may not transfer sell, assign,ls right, may not, without Lassoes written
title and
pledge, hypothecate, or otherwise dispose of its right, title and interest in and to this Agreement and the Equipment andlor gran) or assign a security interest herein, in whole
or in part. liability for, agrees to and does nalties,
em I ° ees officers�directorensubsid sees end stockholders from and against any and all liabilities, obligatlonsmlossesrodamag damages, ceaimsedemands 1pe
P y leasing or return of any item of Equipment, regardless
actions, costs and expenses . subsidiaries a reasonable attorneys fee), o whatsoever kind and nature, arising out of the use, condition (including, but not limited lo, latent a
with an conditions of this Agreement.
other defects and whether or not discoverable by Lessee or Lessor), operation, ownership, selection, delivery, storage,
o where, how and by whom operated, or any to on the part of Lessee to accept the Equipment or otherwise to perform or comply Y
The indemnities contained in thi Para authorize mine Loss in ally fo her person to operate notwithsta use t hey Equipment sc to inoumany obligation on beha inde pe nd e nt off essor or impose
any
not liability o led g Agreement Is Intended nor should any provision of this Agreement b ehan cons trued . o, limit, waiver, abridge or otherwise
any liability on Lessor. Nothing In this Ag person or entity
modify any rights, claims, or causes of action that the Lessee may have against any p
S. LOSS AND DAMAGE. Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment or any part thereof from any cause whatsoev he No los
theft, destruction t damage of the Equipment shall relieve Lessee of the obligation to make Lease Payments or to perform any obligation owing hereunder. In the event of
lace the same with l (oary
bees, theft, destruction or damage of any kind ike equipment in good repair, working order and condition ro any item of the Equipment, Lessee shall immediately notify Lessor and, at the option o
ked to cla or (b} s pro
good repair, working order and condition (ordl a wear and tear excepted or replace
of th is Paragraph) of an insurance recovery shall be ape app lied to the amount due
wear and tear excepted). The 'net proceeds" (as defined in the lest sentence h Y to
above unless an Event of Default shall have occurr and e co
remaining after application e proceeds in accordnce rthe p the receding sentence shah be paid to, and linuing in wh ca so the
and payable to Lessor under this Agreement. Any proceeds in full for the repair, restoration or replacement of the Equipment, Lessee shall either
belong to, Lessee. If the net proceeds of any insurance recovery are insufficient to Pay ei all se ants then due and owing hereunder. 'Net
complete the work to he satisfaction of Lessor, and pay any costs in excess o the net proceeds without any claim for reimbursement or credit from Lessor or pay the then
applicable purchase price for the Equipment (as determined by Lessor according to its usual and customary manner) p payments
proceeds' shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including reasonable
attorneys' fees) incurs in the collection of such claim or award. expense. for such risks, in such amounts, in such forms and
9, INSURANCE. Lessee agrees to keep the Equipment Insured to protect all interests of Lessor, at Lessee's
with such companies as Lessor may require, including but not limited to fire and extended coverage insurance. explosion and collision coverage, and personal liability and
ear end the proceeds may be applied toward the replacement or repair of the Equipment or
may (but shall not be obligated to) insure the Equipment at the Y pe
property damage liability insurance. Lessor rise of Lessee. Any insurance policies relating to loss or
damage to the Equipment will name Lessor as loss Payee as its interests may app applied first to Lessor to the nder. Any such pollees shell contain a provision that they may extent of its
the satisfaction of the Payments due he not be cancelled or the coverage reduced without thirty 30 essor as
awes or endorsements to L
prior written voice to Lessor. Any liability if Polices will Lessor as proof of such insurance. Lessee hereby appo name Lessee and Lessor as co- insured and the proceeds shall be app
liability, if any, end the balance ro Lessee. L nt of and execute or endors
eases shall furnish certificates, pot"
ns to Lessor all o its right, title and interest in and to such insurance policies and the tory eo Le ssor and shall
Equipment and hereby assig ll L essee is
Lessee's a any, and b to make claim for, receive payment all documents, checks or drafts for loss or damage or realm premiums err an
insurance Policy issued on the Equip
self insured with respect to equipment Lessee shall maintain n actuarially sound self - insurance program in
nt such as the Equipment, loom satisfactory
ce satisfactory to Lessor.
provide evidence thereof in form and substan governmental or proprietary Purpose of
10. TAXES, MAINTENANCE AND INSPECTION. The parries to this Agreement conlem a that the Equipment will be used fora
Lessee and, therefore, that the Equipment will be exempt from all taxes presently assessed and levied with respect to personal property. Nevertheless, if the use, possession
ro riate regulatory agency requirements
e a tees to use, operate end maintain the Equipment in accordance with all laws, regulations and ordinances and in accordance with the
or acquisition of the Equipment is determined to be subject to taxation, Lessee shall pay when due all taxes and gov ernmental charges assessed or levied against or wit
respect to the Equipment Lease g
provision o any p mint at r e p air , time and to
end shell not rent the same d house the same in su
ol o insurance covering the Equipment and in accordance with the U.S. Department of Terisportatron a ap
or permit the same to be used by anyone other than Lessee el Le a to pelt Lessor o its assigns to nspet heuEquip rn good y tim w or ki ng
t
order and condition (ordinary wear and tear excepted) an itable shelter, _
ui ment wil em°ved without materially dama he functional Go bit of or e c
party reasonably satisfactory to Lessor. otherwise protect its interests hi i f No maintenance c us t om a r ily oth s ervi c e he Eq F mlenance agreement, Lessee wall full u h Lessor w w a maintenance essor, e y e vided by Lessor.
mint that cannot be r
Shall not make any alterations, modifications or attachments to the Equip
and subject to the terms hereof.
value of the Equipment. In the and repair the Equipment as nece ssary to return the Equipment to he co ndition expen
n which it was furnished, ordinary w
wea re mo ve nd fear and ions,
modifications and attachments
permitted modifications excepted. All replacement parts shall be free and clear of liens of others, and shall become part of the Equipment aid when due or (b)
LESSOR. if er the same for the account of Lessee and incurs expenses, cosnaltis or liabilities in so doing
Le LATE PAYMENTS AND PERFORMANCE eu LESSEE'S OBLIGATIO ts, pe
A from he date due a a (with a
ape t to the Reimbursable Expenses from he date incurred, in each
Lessee fails t perform any of its obligations hereunder and Lessor p omitted b law).
("Reimbursable Expenses "), Lessee shall pay interest on such Payment
case until paid, at the rate o eighteen (1896) percent Per annum (or, if such rate is in excess of the maximum rate permitted by law, the maximum ate pro
shall include, whenever they are used
agreement to be performed or observe
a subject to Paragraph 4 heraof, failure by Lessee to pay any Lease Payment or any other Payment required to be paid when due and such
12. DEFAULT. The following shall constitute an event of default under this Agreement, and ►fie terms "Event o Default" and'detault' r
this Agreement, the following. () 1 di sco v ery
f continues for ten (10) days after the due date Thereof, (b) Lessee tails to perform or observe any other covenant, b con, or ag
by tt hereunder and such failure Is not cured within twenty (20) days after written notice th ereof uant hereto or Less n ao herewith is false, misleading, or erroneous in or
ross income
will ei made by Lessee in this Agreement or any writing ever delivered by Lessee p y arnishment, or
material respect: (d) any determination by the t enited Slate of a pettionin bankruptcy by or against orr fat u e of LLessee Y to lift any g g
of Lessor for Federal income tax purposes, () g
compo sition with creditors. or the approval by a court of competent Jurisdiction o any adjustment of indebtedness of Lessee, or the
attachment o Federal l income t as Id impair the ability of lessee to carry on its govemmental functions, or assignment by Lessee for the benefit of creditors. or e
entry by Lessee into ag reement
dissolution or liquidation of Lessee.
13. REMEDIES. Whenever any Event of Default shall have occu Lessor shall have the right, at its m L88� witho ten not roe a furthe in wh r he a Eventtto Default Les sor in the
combination of the following remedial steps: (ati Lees may re possess any or all of he Equipment bygigime9 due during the fiscal year in which the Event Equipm Default occurs to
be i due and payable by Lessee: () 10 de after receipt of such notice, and subject to all applicable laws, Lessor may enter
manner provided in Paragraph 18, or in the event lessee tails to do so within ten ( ) Ys
upon Lessee's promisee where he Equipment is kept and take possession o! the Equipment end charge asses for costs Incurred in repossessing the Equipment, including
L
r _
,
k
reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. Notwithstanding the fact that na es his Agreemet possession takes of
the Equipment, Lessee shall continue to be responsible for the Lease Payments due during the fiscal year then in effect: (c)
all costs o n a (including, ors not imtedQoPattorneys fees] incurred in securing p shall the the Equipment; (it) expenses incurred in comp items in the
dispositon following emmer: W
Lessor
pauympmentwIII) any sales or transfer taxes:
due or due in he future h Any disposition on proceeds remaining after these disbursements have been made shall be paid t p Lessee. r In addition. () all
all costs and expenses incurred by Lessor may exercise any other right, remedy or privilege that may be available t Lessor under applicable law or, by appropriate court action at law or in equity, Lessor may cu
e Give of any o s o ore remedy permitted Lassoes tAgreement o by law o r e equity Further, if Lessor financed Lesee's gat ons under any extended warrant y is
agreement such as an Equipment Protection Warranty, Customer Service Agreement, Total Maintenance and Repair Agreement
Plan, Extended Service Contract, Extended Warranty,
or similar agreement.
not r Lessor from Lessee as of the dais of Evert of Default. To the extent that Lessee is enttitled e refund of the to a efu d f om for any season, Lessee agrees
Lessor shall have the right to offset any obligation that Lessee has with Lessor or Lassoes affiliate with such refund, and in the event that a refund is less than or equal to
Lassoes cost of returning such refund to Lessee, Lessor may retain such refund If no obligation to Lessor or Lessor's affiliates exists.
14. NOTICES. For the purpose of this Agreement any notices required to be given, shall be given to the parties hereto In writing and by certified mail at the address herein set
forth, or to such other addresses as each party may substitute by notice to the other, which notice shell be effective upon its receipt.
the cost of the Equipment, the fort e pm shall o has der such Equipment and and shall cause such Equipment to be delivered pursuant o Lessee' irections Lessor she l nt. N liability tw to din
Lessee, or o any other person for transportation deliver to I asLesso on of to Equ F nancial Servces on shall own he Equipment. EUnless applicable law nding nt. Lessee
he designation of Caterpillar Financial Services Corporation
requires to the contrary, legal tkle o the Equipment, including, if applicable, any software license component thereof shall, so long as an Event of Default or the termination o
has not occurred, and all
this Agreement pursuant to Paragraph 4 hereof title to the Equipment I shall Lessee.
pas to the Lessor without the necessity Event further
of by termination of
Agreement pursuant to Paragraph 4 hereof, full and unencumbered leg
Lessor may request Lessee shall n a have no
passage ointerest
Lessee's title . In d interest connection
therein, and upon reque the Lessor, he Lessee shall deli e n of he Equipment was
the Lessor at Lessee's sole cost and expense and In the condition required by Paragraph 18 hereof.
16. MISCELLANEOUS. This Agreement may not be modified, amended, altered or changed except by a written agreement signed by both parties. In the event any provision
hereof shall be invalid or unenforceable, the remaining provisions hereof shall remain in Lull force and effect. This Agreement, together with exhibits, constitutes the entire
agreement be weendL s terms and condid ns any purohase order or empo ou nts bongs, t d r landings,
Lessee in con n wi h his wh ch are r n addition o or
expressed p Y
inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement.
17. JURY TRIAL WAIVR. THE PARTIES T
VE RIGHTS EO A JURY TRIAL OP ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT M OF D RECTLY OROINDIREC THEIR THIS AGREEMENT HEREBY UNCONDITIONALLY WAIVE, IN A INDIRECT. THIS
RESPECTIVE
AGREEMENT ORI. RELATED
ATIONSHIP O THAT I S ESTABL SHED BETWEEN THEM ELATING TO THE SUBJECT MATTER HEREOF OR ANY RELATED TRANSACTION ,
ANDIOR THE RE Equip ment, then (a) title to the
Lessee shall, ee i o its sole expense and risk, immediately de- install, disassemble,
18. RETURN OF EQUIPMENT. If Lessor is entitled to obtain possession of any Equipment or if Lessee is obligated el any lima to return any
Equipment shall vest in Lessor immediately upon Lassoes notice thereof o Lessee, and (b) standards at an location in the continental United States selected by
pack, crate, insure and return the Equipment to Lessor (all In accordance with applicable industry
Y
operating odor and maintenance as
(except Lassoes lien) and shall comply with all applicable laws and regulations. Until Equipment is returned as required
Lessor. Such Equipment shall be in the some condition as when received by lessee (ordinary wear and tear excepted), shall be in g oP n9
required hereby, shall be Tree and clear of any liens orce
above, all terms of this Agreement shall remain In full force and effect including, without limitation, Lessee's obligation to pay Lease Payments and o insure the Equipment.
substantially
of
19. OTHER DOCUMENTS. in connection with the execulon asse Authnz ng Resdut on substantia n he form attached hereo as Attachment B (. for 8 038 ver fi o 8036
form attached hereto as Attachment A; (ii) a certified copy
Insurance substantially in the form attached hereto, (iv) an opinion of Lessee's counsel substantially in the fore attached hereto as Attachment C,
GC as required under the Code, and (vi) any other documents or items required by Lessor.
20. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws, excluding the laws relating to the choice of law, of the State.
Lessee:
BRAZOS COUN
Signature:
e
ZR AW I� � O l
Ti tle: — (JXG
Date: lb
Lessor:
Caterpillar Financial Services Corporation
Signature:
By:
Print Name
Title:
Date:
V ol `' y
CUSTOMER INFORMATION VERIFICATION
(Required Document)
In our efforts to continue providing timely customer service, we need your assistance y nfi confirming the following information, lease review information is
incorrect or missing, please note the necessary changes below and return this form with our signed documents. In addition, p
Privacy Notice stated below. Thank you in advance for your cooperation.
Purchase Order # for new contract:
Current Information on file Please make corrections here
Customer Name: BRAZOS COUNTY
Physical Address: 200 SOUTH TEXAS AVE
BRYAN, TX 77803
Mailing Address: PO BOX 914
BRYAN, TX 77803
Equipment Location:
Business Phone: (979)775 -7400
Fed. ID # or SS #:
E -mail Address: VIMLOWAY a BRAZOSCOUNTYTX.GOV
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate: 0
(Please note: Sales Tax Rate, includes all applicable State, County, and City sales tax)
City Limits Asset outside the City Limits? Yes_ No_ If you are tax exempt — p lease enclose a current tax
Tax Exemption Status: ❑ Exempt exemption certificate to be returned with your documents —
El Non - Exempt Not needed by CFSC if dealer ISC
Other Information:
*Should the above changes apply to ALL of your contracts, OR for this contract ONLY?
❑ ALL CONTRACTS
❑ THIS CONTRACT ONLY
THE ABOVE INFORMATION HAS BEEN REVIEWED AND AS NOTED. TO THE BEST OF MY
KNOWLEDGE WITH EXCEPTION OF ANY CORRECTIONS Customer Initials
771is notice pertains ro personal data supplied in connection e:tth your credit application. kv pl oliding your• itlformaiion to Caterpillar
tion (
Data Privacy Notice: Inc. or• env of its subsidiaries or affiliates, hrchrding Caterpillar Financial Services Corpora c o el)+ "Caterpillar" 1, you are and dealers.
for
agreeing that the inf w ti o i mprove or'r a a rket Caterp llar products and services. if yo have r used t any questions Per' airing to this noliee.
credit and other
please contact the Data prilvcy Coordinator al 613- 341 -812
NEW "Mill E
%ilatt,pp,7n3 7'M R
ATTACHMENT A
DELIVERY CERTIFICATION & TAX INFORMATION
This pertains to and a related Schedule incorporated into all f which are by and betwee Lease-Purchase Ca rpi tar Financial Services Corporation ( "Lessor ")
1993440) and the rela A,
and BRAZOS COUNTY ( "Customer ").
please ensure that a delivery (late is provided the closing �vf or Q to your transaction. s. Failure to complete this section could
delay
Customer hereby certifies to Lessor and its successors and assign, that Customer accepted delivery of ALL below described
Unit(s) and that: [Check one below]
Option A•
The Unit(s) were delivered on the same date: [please date]
The Unit(s) delivered on multiple dates. The first delivery occurred on t he
p lease date] wing date:
the final delivery occurred on the following date: �
Option B:
Lessee previously had possession of the
execution of this Goto a rental or demonstration arrangement with
Lease - Purchase Agreement Le see
dealer of such Unit(s). Upon Lessor s
agrees to lease such Unit(s) from Lessor pursuant to the terms of the Governmental Lease- Purchase
Agreement.
Option C:
t Unit(s) have not delivered. The delivery date will be provided by the selling dealer using the Dealer
Delivery Certification.
Tax Information
Sales Tax Rate: 0
(Please note, Sales Tax Rate includes all applicable State, County, and City sales tax)
Asset outside City Limits? YesXNo
Tax Exemption Status: '%Exempt
Non -Exem t
Loc_.ation
Description of the Unit sl
County:
(1) New 930K Caterpillar Small wheel Loader
BRAZOS COUNTY
('Gusto ' =)
By:
Name: ,
Title: .. .,,.. —
Vole /I� V�i�w. +•a�:�anYCr
ATTACHMENT B
LESSEE'S AUTHORIZING RESOLUTION
Whereas, BRAZOS COUNTY (the "Governmental Entity "), a body politic and corporate duly organized and existing as a political
subdivision, municipal corporation or similar public entity of the State of Texas (the "State "), is authorized by the laws of the State to
purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into contracts
with respect thereto; acrd
Whereas, in order to acquire such equipment, the Governmental Entity proposes to enter into a lease - purchase transaction pursuant to
that certain Governmental Equipment Lease - Purchase Agreement (the "Agreement ") with Caterpillar Financial Services Corporatio n
the form of which has been presented to the governing body of the Governmental Entity at this meeting;
Now, Therefore, Be It And It Is Hereby Resolved: of the
Section 1 Approval of Document The form, terms and provisions
his meeringe with such insert insertions, ors and hanges as shall be
thereto are hereby approved in substantially the form pies
approved by counsel of the Govern being conclusiverev►dence of s ch approval; body
and the persons holding the titles listed be ow or
same, the execution of such documents g
any other officer of the n o ow ledg en e, countersign ounte si w n and deliver the and c all exhibits attachedbthhereto, hereby authorized and Secretary/Clerk of
directed to execute, acknledg
the Governmental Entity is hereby authorized to attest to the foregoing and affix the seal of the Governmental Entity to such
documents.
Section 2 Other Actions Authoriz The officers and employees of v effect to and consummat he transactions contemplated thereby
reasonably required by the parties to the Agreement to carry out, g
and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and
other documents required to be delivered in connection with the Agreement.
Section 3 No General Lia ility. Nothing contained e u ni a Resolution, rdcharge Agreement, or any
general credit of the shall be construed
Entity or
respect to the Governmental Entity as incurring p �Y
the Agreement, or any other instrument or
against its taxing power, nor shall the breach of any a fire ecuniary liability in this upon die Governmental Entity or any charge upon its
document executed in connection therewith impose any p
general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited
obligations of the Governmental Entity as provided in the Agreement.
Section 4 Authorized Sienatories Following are the true naives, correct titles and specimen signatures of the incurnbent officers
referred to in the foregoing resolution:
Name (Print or Type)
Title (Print or Type) e
DWe, O�k� -��O ���
Section 5. Effective Date. This Reso ' u 11 effective immediately upon its approval and adoption. This Resolution was
adopted and approved on
Signature:
Secretary /Clerk
�/ n ✓� � � ��111 1'1 -
Name Printed:
Date:
Vol 9
10]M111010^OI1l YOMR
y1s00111111,L Dov0[1A���UTU.1093 nN
VERIFICATION OF INSURANCE
Lessor:
Caterpillar Financial Services Corporation
2120 West End Avenue
Nashville, TN 37203 -0001
Lessee:
BRAZOSCOUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Subject: Insurance Coverage Requirements
1. The above -named Lessor and Lessee have ent the Agreement, t Lessee has instructed the insurance gen named be ow: Number
1993440 (the "Agreement"). In accordance with
Company:
Address:
Phone No:
Agent's Name:
to issue: aiment (
d efined in th s los payeert) evidenced by a Certificate of Insurance and
a. All Risk Physical Damage Insurance on the Eq
Long Form Loss Payable Clause naming the L s
The Coverage Required: the aggregate purchase price for the Equipment.
b. Public Liability insurance evidenced by a Certificate
of Insurance, naming the Lessor and/or its Assignee as Additional Insured,
with a minimum of 51,000,000 per occurrence requir
2. Proof of insurance coverage will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee.
Lessee:
BRAZOSCOUNTY
4 ��D' ---- -
Sigtature:
By: /Y L rr 1'T r >
Print Name
Title: —LO
Date: I O
In sum ot
Amendment No. 1 to Governmental Equipment Lease - Purchase Agreement
(For use with Texas Lessees in tax - exempt transactions)
WHEREAS, Caterpillar Financial Services Corporation ( "Lessor ") and the political subdivision of
the State of Texas named below ( "Lessee) are parties to that certain Governmental Equipment Lease -
Purchase Agreement (the "Agreement "), Transaction Number 1993440; and
WHEREAS, Lessor and Lessee have agreed to amend the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual agreements herein contained and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto, intending to be legally bound, agree as follows:
1. Capitalized terms used herein and not defined herein shall have the meanings ascribed to them
in the Agreement.
2. Paragraph 4 of the Agreement is amended and restated in its entirety to read as follows:
ANNUAL RIGHT OF TERMINATION. Lessee may terminate this
Agreement as of the last day of any calendar year during the term hereof
by giving Lessor sixty (60) days prior written notice of its intent to
terminate this Agreement (although the failure to give such notice shall not
affect Lessee's right to terminate this Agreement as provided herein). In
the event Lessee gives to Lessor such notice during the term hereof, Lessee
shall, no later than the last day of such calendar year (the "Return Date "),
return to Lessor all, but not less than all, of the Equipment, at Lessee's sole
expense, in accordance with Paragraph 18, and this Agreement shall
terminate on the Return Date. Thereafter, Lessee shall not incur any
additional obligations hereunder, provided, that, Lessee shall pay all Lease
Payments and other Payments due prior to the Return Date and, provided
further, that Lessee shall pay month -to -month rent at the rate set forth
above for each month or part thereof that Lessee fails to return the
Equipment.
3. Except as amended hereby, the Agreement retrains in full force and effect and enforceable in
accordance with its terms. This amendment set forth herein shall be effective as of the date hereof.
IN WrrNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their
respective officers duly authorized thereto as of the date of the Agreement set forth above.
B
y: TY Caterpillar Financial Services Corporation
B
By:
Name: 1J��� �� rS Name:
Title: ��'1"UI Title:
Date: Date:
F-N. ODt7
MINIMUM vori- 76 -5
Caterpillar Financial Services Corporation
INVOICE
BRAZOS COUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Page Dote invoice No.
1 10/24/2012 LSAP- 413625611 -1
_�. rinPnwte Pmt1 \o. Amoout
Upon Receipt. I 1 ' 538,627.70
930K
Caterpillar Small Wheel Loader
and Use Tax
rent Fee
Fee
i Fee
Fees
it Fee
WITHOUT THE APPROPRIATE TAX ExEMPTION CERTIFICATE, APPLICABLE SALES AND /OR USE
TAX WILL BE CHARGED.
BRAZOS COUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
PLEASE PAY THIS AMOUNT
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$38,627.70
iNo. T otal Enclosed
413625611 -1 $
Remit To: Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: MUSTANG MACHINERY COMPANY, LTD
2120 West End Ave.
Nashville, TN 37203
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENTS) WITH SIGNED DOCUMENTS. tute
Your check will be cashed by Caterpillar F� Corporati S hedulec he poceeds of this check will a pplied to the e specified f
the Loan, Lease or Schedule. If CFSC accept and executes the Loan,ease
payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this check.
z.wz+. mrsew.+. p 6
CATERPILLAR FINANCIAL SERVICES CORPORATION
MUSTANG MACHINERY COMPANY, LTD
12800 NORTHWEST FREEWAY
HOUSTON TX 77040
Reference: BRAZOS COUNTY
We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to
return a complete package will ensure timely payment you.
Thank you for your assistance.
CATERPILLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
i
TaYq.L }pML3N � — _
1e1 I�11�I
PURCHASE AGREEMENT
This Purchase Agreement, Transaction Number 1993440, is between MUSTANG MACHINERY COMPANY, LTD ("Vendor ") and Caterpillar
Financial Services the UP t(s)') subject to the terms and conditions Financial
ns set forth below a d onthe side hereof
to buy from Vendor tlle equipment
described bet
SeriaW VIN 4 Frei ht Total Price
Description of ilnitfs)
$0.00 $184,800.00
(1) 930K Ncw Caterpillar Small NVheel Londe
Subtotal 184,800.00
0.00
Lessee: Federal Excise Tax 0.00
BRAZOS COUNTY Other Tax 184,800.00
200 SOUTH TEXAS AVE Total Purchase Price
BRYAN, TX 77903 Unit(s) Delivery Point:
See next page for additional terms and conditions.
MUSTANG MACHINERY COMPANY, LTD
Caterpillar F"tnsncial Services Corporation
(Vendor)
Signahre
Name (PRINT)
Title
Date
Signature
Name ( PRINM
Title
Date
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ADDITIONAL TERMS AND CONDITIONS
1. The lessee named on the front hereof (the "Lessee ") has selected the Unit(s), instructed Cat Financial to purchase
the Unit(s) from Vendor, and agreed to lease the Unit(s) from Cat Financial.
2. Cat Financial (or its assignee) will have no obligation heremider (and any sums previously paid by Cat Financial to
Vendor with respect to the Unit(s) shall be promptly refunded to Cat Financial) unless (a) all of the conditions set forth
in Section 1.3 (if a master lease agreement) or Section 1 (if a non - master lease agreement) of the lease with the Lessee
covering the Unit(s) have been timely fulfilled and (b) the Lessee has not communicated to Cat Financial (or its
assignee), prior to "Delivery" (as hereinafter defined) of the Unit(s), an intent not to lease the Unit(s) from Cat
Financial. All conditions specified in this paragraph shall be deemed timely fulfilled unless prior to Delivery of the
Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing. which shall include fax or email.
"Delivery" shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the Lessee or its
agent takes control and/or physical possession of the Unit(s).
3. Upon timely satisfaction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the
Unit(s) shall transfer to Cat Financial (or its assignee) upon Delivery of the Unit(s).
4. Vendor warrants that (a) upon Delivery of the Unit(s), Cat Financial (or its assignee) will be the owner of and have
absolute title to the Unit(s) free and clear of all claims, liens, security interests and encumbrances and the description of
the Unit(s) set forth herein is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of
Unit(s) leased under a lease is equal to such Unit(s)'s fair market value.
5. Vendor shall forever warrant and defend the sale of the Unit(s) to Cat Financial (or its assignee), its successors and
assigns, against any person claiming an interest in the Unit(s).
6. Provided that no event of default exists under any agreement between Lessee and Cat Financial and upon timely
satisfaction of the conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase
Agreement, Cat Financial (or its assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the
Unit(s) within three business days following (a) the receipt and approval by Cat Financial of all documentation deemed
necessary by Cat Financial in comtection with the lease transaction and (b) all credit conditions have been satisfied.
7. Vendor shall deliver the Unit(s) to the Lessee at the delivery point set forth on the front hereof.
8. This Purchase Agreement may be assigned by Cat Financial to a third party. Vendor hereby consents to any such
assignment.
9. This Purchase Agreement shall become effective only upon execution by Cat Financial.
CATERPILLAR FINANCIAL SERVICES CORPORATION
GOVERNMENTAL EQUIPMENT LEASE - PURCHASE AGREEMENT
DOCUMENT PACKAGE
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1
CATERPILLAR FINANCIAL SERVICES CORP.
These documents were prepared especially for:
BRAZOS COUNTY
200 SOUTH. TEXAS AVE
BRYAN, TX 77803
Dealer: MUSTANG MACHINERY COMPANY, LTD, E300
Quote Number: 3612056 Date: 14/24/2012
Credit Application Number: 1993436 Time: 3:29 PM
Comments:
DOCUMENT CHECKLIST (GOVERNMENTAL LEA
Customer Executed Documents Comments
[]Lease Purchase Document
❑Delivery Certification
❑Insurance Verification
❑8038G or 8038GC
❑Advance Payment (cross out if N /A)
[]Customer Information Verification
❑Tax Exemption Certificate
[]Any necessary Riders /Amendments
❑Lessee's Resolution + Minutes of Meeting OR
❑Other
*If any of these documents are altered, or if the Lessee wishes to add or delete documents, please contact
your C.FSC Credit Analyst to obtain acceptance of any and all changes.
If you have any questions concerning these documents please call (979)218 -2721 and
ask for Jason Watson
Checklist completed and confirmed by: Print Name:
Date:
These Documents do not constitute any offer or commitment to offer financing by Caterpillar Financial
Services Corporation without Caterpillar Financial Services Corporation's expressed written approval.
1 EN W201111
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Explanation of Contents
Thank you for selecting Caterpillar products and for allowing Caterpillar Financial Services Corporation to serve your
financing needs. Included in this document package are all of the forms that will be needed for standard tax exempt lease purchase
transactions. The forms have been designed to be clear, concise and user friendly. We have also provided a brief explanation of the
purpose of each form. if you wish to discuss any of the forms or have any questions about any aspect of this transaction, we
encourage you to contact your Caterpillar Dealer or Caterpillar Financial Services Corporation at 1 -866- 263 -3791 Option # 5.
A. Governmental Equipment Lease - Purchase Agreement. The Governmental Lease - Purchase Agreement contains the terns that
govern each transaction between us. It is the standard Caterpillar Financial Services Corporation tax exempt lease- purchase
agreement, and provides that we will lease to you the equipment described therein pursuant to a full payout amortization schedule. A
new Governmental Equipment Lease - Purchase Agreement will have to be signed in connection with each transaction.
B. Delivery Certification. The Delivery Certification is signed by you when you receive and confirm that the equipment being
lease - purchased under the Governmental Equipment Lease- Purchase Agreement is operational and in good working order. As we are
not involved in the manufacture, selection or delivery of the equipment we are relying upon you to ensure that the equipment works.
C. Lessee's Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions
to approve the Governmental Equipment Lease- Purchase Agreement. Although the authorizing instrument is often a resolution, it
may also take other forms such as an ordinance. We are agreeable to using your customary or standard form provided it contains
specific approval for the lease - purcbase agreement, designates persons who are authorized to sign on your behalf and either approves
the document forms or delegates this authority to a named official
D. Versification of Insurance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for
the equipment being lease - purchased. You will need to supply the requested information to us so we can verify coverage.
E. Opinion of Counsel. An opinion of counsel is required in connection with each Governmental Equipment Lease- Purchase
Agreement. The opinion is intended to confirm that you have complied with all open meeting laws, publication and notice
requirements, procedural rules for governing body meetings, and any other relevant state or local government statutes, ordinances,
riles or regulations. We would be unable to confirm compliance with these laws and regulations ourselves absent long delays and
higher costs so we rely upon the opinion of your attorney since he /she may have been involved in the process to approve our
transaction and is an expert in die laws and regulations to which you are subject. The opinion also confirms that you are an entity
eligible to issue tax - exempt obligations and that the Governmental Equipment Lease - Purchase Agreement will be treated as tax -
exempt as it is your obligation to ensure that you have complied with relevant tax law.
F. Form of 8038G or GC. Form 8038 is required by the Internal Revenue Service in order to monitor the amount of tax - exempt
obligations issued. You have to execute a Form 8038 for each Governmental Equipment Lease - Purchase Agreement. Whether a Form
8038 G or GC is required depends on the original principal amount of the Governmental Equipment Lease - Purchase Agreement. If the
original principal amount is less than $100,000 Form 8038GC is filed with the IRS. If the original principal amount is $100,000 or
more Form 8038G is filed with the IRS. Choose the appropriate 8038 form and complete according to IRS guidelines. Contact your
TM or Sales Support Representative for assistance.
IRS Form 803 8G
http://www.irs.gov/pub/irs-odf/f8038-g.i)df
IRS Form 8038GC
hftp:/ /www.irs. 00v /pub/irs-pdf/f803 8 qc.pdf
This Explanation of Contents is prepared as an accommodation to the parties named herein. It is intended as an example of some of
the documents that Caterpillar Financial Services Corporation, in its reasonable judgment, may require and is not intended to
constitute legal advice. Please engage and use your own legal counsel. We understand that the laws of the various states are different
so nothing herein shall be construed as a warranty or representation that the documents listed herein are the only documents that may
be required in any particular transaction or that any particular transaction, if documented in accordance with this Explanation of
Contents, will be a valid, binding and enforceable obligation enforceable against the parties named herein in accordance with the
terms of the documents named herein.
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GOVERNMENTAL EQUIPMENT LEASE - PURCHASE AGREEMENT
(MANDATORY FINAL PAYMENT)
Transacdon Number 1993436
Lessee: BRAZOS COUNTY Lessor: Caterpillar Financial Services Corporation
Address: 200 SOUTH TEXAS AVE Address: 2120 West End Avenue
City: BRYAN City: Nashville
State/ Zip TX 77803 State/Zip: Tennessee 37203 -0001
LESSOR SHALL BE UNDER NO OBLIGATION TO PURCHASE THE UNIT(S) AND ENTER INTO THIS LEASE UNLESS LESSEE EXECUTES AND
RETURNS THIS LEASE - PURCHASE AGREEMENT TO LESSOR ON OR BEFORE NOVEMBER 23, 2012.
1. LEASE PAYMENTS; CURRENT EXPENSE. Lessee agrees to pay the lease payments (the 'Lease Payments') with respect to this Agreement during the term hereof in
the amounts and on the dates specified below. A portion of each Lease Payment is paid as and represents the payment of interest and the balance of each Lease Payment is
paid as and represents payment of principal. Lessor is authorized to Insert the due dates of the Lease Payments and any other information that should be added hereto in
order for this Agreement to reflect the specific agreements of the parties hereto. All Lease Payments shall be paid to Lessor without notice or demand at such place as Lessor
may from time to time designate by written notice to Lessee. Lessee shall pay the Lease Payments exclusively from moneys legally available therefor, in lawful money of the
United States of America. The obligations of Lessee, including its obligation to pay the Lease Payments due in any fiscal year, shall constitute a current expense of Lessee for
such fiscal year and shall not constitute an indebtedness of Lessee within the meaning of the constitution and laws of the State in which Lessee is located (the 'State").
Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time for the payment of the 'Payments'
(as defined in the last sentence of this Paragraph) owing hereunder. EXCEPT AS PROVIDED IN PARAGRAPH 4, LESSEE'S OBLIGATIONS TO MAKE THE PAYMENTS TO
LESSOR IN THE AMOUNTS REQUIRED HEREBY ARE ABSOLUTE AND UNCONDITIONAL. LESSEE FURTHER EXPRESSLY AGREES THAT IT WILL MAKE ALL SUCH
PAYMENTS TO LESSOR REGARDLESS OF, AND WILL NOT ASSERT AGAINST LESSOR, ANY DEFENSE, CLAIM, SETOFF, OR COUNTERCLAIM OR OTHER RIGHT,
EXISTING OR FUTURE, WHICH LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PERSON OR ENTITY FOR ANY REASON. As used in this Agreement,
'Payments' shall mean the Lease Payments and any other amounts required to be paid by Lessee hereunder.
Lease Payments shall be paid by Lessee to Lessor as follows: $20,628.61 will be paid in advance and the balance of the Lease Payments is payable in 3 successive
payments of which the first 2 payments are in the amount of $20,628.61 each, and the last payment is in the amount of $45,272.80 plus all other amounts then
owing hereunder, with the first Lease Payment due on the date that Lessor signs this Lease and subsequent Lease Payments due on a like date of each
thereafter until paid In full. If Lessor does not receive a Lease Payment on the date it is due, Lessee shall pay to Lessor, on demand a late payment charge equal to the lesser
of five percent (5 %) of the payment not paid when due or the highest charge allowed by law, whichever is less.
The portion of the Lease Payments constituting principal shall bear interest (computed on the basis of actual days elapsed in a 360 day year) at the rate of 2.60% per
annum.
2. SECURITY INTEREST. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the items of equipment (the 'Equipment") described below. In order to
secure all of its obligations hereunder, Lessee hereby: (a) grants to Lessor a first and prior security interest in any and all right, title, and interest of Lessee in the Equipment
and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom and (b) agrees to do any further act and hereby authorizes the filing of
such financing statements, or to execute and deliver such certificates of title, notices or acknowledgement or other instruments in form satisfactory to Lessor necessary or
appropriate to evidence such security interest. Lessee at its expense will protect and defend Lessors security Interest in the Equipment and will keep the Equipment free and
clear of any and all claims, liens, encumbrances and legal processes however and whenever arising.
Description of Unit(s) Serial# VrN#
(1) New 420FIT Caterpillar Backhoe Loader JW100671 JWJ00671
Lessee confirms that it has an immediate need for, and expects to make immediate use of, substantially all the Equipment, which need is not temporary or expected to
diminish during the term of this Agreement. The Equipment will be used by Lessee for the purpose of performing one or more of Lessees governmental functions consistent
with the scope of Lessee's authority and not in any trade or business carried on by a person other than Lessee.
3. WARRANTIES. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE EQUIPMENT. AS TO LESSOR, LESSEE'S LEASE AND PURCHASE OF THE EQUIPMENT SHALL BE ON AN - AS IS' AND 'WHERE IS BASIS AND - WITH
ALL FAULTS'. Lessee shall enforce all warranties, agreements and representations, if any, with regard to the Equipment against the maker of such warranties. Except
pursuant to an amendment as provided herein, no person is authorized to waive or alter any term or condition of this Agreement.
4. NONAPPROPRIATION. Lessee covenants and represents to Lessor that (a) Lessee will, to the extent permitted by State law include in its budget for each successive
fiscal year during the term of this Agreement a sufficient amount to permit Lessee to discharge all of its obligations hereunder, (b) Lessee has budgeted and has available for
the current fiscai year sufficient funds to comply with its obligations under this Agreement and (c) there are no circumstances presently affecting Lessee that could reasonably
be expected to adversely affect its ability to budget funds for the payment of sums due hereunder. Notwithstanding any provision of this Agreement to the contrary, Lessor
and Lessee agree that in the event that prior to the commencement of any of Lessee's fiscal years Lessee does not have sufficient funds appropriated to make the Payments
due hereunder for said fiscal year. Lessee shall have the option of terminating this Agreement as of the dale of the commencement of such fiscal year by giving Lessor sixty
(60) days prior written notice of its intent to cancel this Agreement. No later than the last day of the last fiscal year for which appropriations were made for the Payments due
hereunder (the 'Return Dater), Lessee shall return to Lessor all, but not less than all, of the Equipment, at Lessee's sole expense, in accordance with Paragraph 18, and this
Agreement shall terminate on the Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the Lease Payments beyond such fiscal year,
provided, that Lessee shall pay all Lease Payments and other Payments for which moneys have been appropriated or are otherwise available, provided further, that Lessee
shall pay month-to-month rent at the rate set by lessor for each month or part thereof that Lessee fails to return the Equipment.
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S. TAX WARRANTY. Lessee is validly existing as 'a body corporate and politic and public instrumentality of the State with the power and authority to enter into this
Agreement and to cant' out its obligations hereunder and the transactions contemplated hereby. Lessee shall, at all times, do and perform all acts and things necessary and
within its control in order to assure that the interest component of the Lease Payments received by the Lessor sholl,.for the purposes of Federal income taxation, be excluded
from the gross income of the Lessor and shall not take or permit any act or thing that could cause the interest component of the Lease Payments received by the Lessor to be
included in the gross income of the Lessor for the purposes of Federal income taxation. The Equipment will not be used in any trade or business carried on by a person other
than Lessee. Lessee will report this Lease Purchase to the Internal Revenue Service by filing Form 8038G, 8038C or 8038 whichever is applicable. Failure to do so will
cause the agreement to lose its tax exempt status. Lessee agrees that if the appropriate form is not filed, the interest rate will be adjusted to the equivalent taxable interest
rate.
& ASSIGNMENT. Lessee may not, without Lessors written consent, by operation of law or otherwise, assign, transfer, pledge, hypothecate or otherwise dispose of its right,
title and interest in and to this Agreement and the Equipment and /or grant or assign a security interest herein, in whole or in part. Lessor may not transfer, sell, assign,
pledge, hypothecate, or otherwise dispose of Its right, title and interest in and to this Agreement and the Equipment and/or grant or assign a security interest herein, in whole
or in part
7. INDEMNITY. To the extent permitted by law, Lessee assumes liability for, agrees to and does hereby indemnify, protect and hold harmless Lessor and its agents,
employees, officers, directors, subsidiaries and stockholders from and against any and all liabilities, obligations,, losses, damages, injuries, claims, demands, penalties,
actions, costs and expenses (including reasonable atlomey's fees), of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and
other defects and whether or not discoverable by Lessee or-Lessor), operation, ownership, selection, delivery, storage, leasing or return of any item of Equipment, regardless
of where, how and.by whom operated, or any failure on the part of Lessee to accept the Equipment or otherwise to perform or comply with any conditions of this Agreement.
The indemnities contained in this Paragraph shall continue in full force and effect notwithstanding the termination of this Agreement. Lessee is an independent contractor and
nothing contained In this Agreement shall authorize Lessee or any other person to operate or use any Equipment so as to incur any obligation on behalf of Lessor or impose
any liability on Lessor. Nothing In this Agreement Is Intended nor should any provision of this Agreement be construed to, limit, waiver, abridge or otherwise
modify any rights, claims, or causes of action that the Lessee may have against any person or entity other than Lessor.
8. LOSS AND DAMAGE. Lessee shall bear the entire risk of loss, theft destruction or damage to the Equipment or any part thereof from any cause whatsoever. No loss,
theft, destruction or damage of the Equipment shall relieve Lessee of the obligation to make Lease Payments or to perform any obligation owing hereunder. In the event of
loss, theft, destruction or damage of any kind to any item of the Equipment, Lessee shall immediately notify Lessor and, at the option of Lessor, shall: (a) place the same in
good repair, working order and condition (ordinary wear and tear excepted); or (b) replace the same with like equipment in good repair, working order and condition (ordinary
wear and tear excepted). The 'net'proceeds" (as defined. in the last sentence of this Paragraph) of any insurance recovery shall be applied to clause (a) or (b) as provided
above unless an Event of Default shall have occurred and be continuing in which case the net proceeds shall be paid to Lessor to the extent of, and applied to the amount due
and payable to Lessor under this Agreement. Any net proceeds remaining after application of net proceeds in accordance with the preceding sentence shall be paid to, and
belong to, Lessee. If the net proceeds of any insurance recovery are insufficient to pay in full for the repair, restoration or replacement of the Equipment, Lessee shall either
complete the work to the satisfaction of Lessor, and pay any costs in excess of the net proceeds without any claim for reimbursement or credit from Lessor or pay the then
applicable purchase price for the Equipment,(as determined by Lessor according to its usual and customary manner) plus all Payments then due and owing hereunder. "Net
proceeds' shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including reasonable
adomeys' fees) incurred in the collection of such claim or award.
9. INSURANCE. Lessee agrees to keep the Equipment Insured to protect all interests of Lessor, at Lessee's expense, for such risks, to such amounts, in such forms and
with such companies as Lessor may require, including but not limited to fire and extended coverage Insurance, explosion and collision coverage, and personal liability and
property damage liability insurance. Lessor may (but shall not be obligated to) insure the Equipment it the expense of Lessee. Any insurance policies relating to loss or
damage to the Equipment will name Lessor as loss payee as its Interests may appear and the proceeds may be applied toward the replacement or repair of the Equipment or
the satisfaction of the Payments due hereunder. Any such policies.sholl contain a provision that they may not be cancelled or the coverage reduced without thirty (30) days
prior written notice to Lessor. Any liability insurance policies will name Lessee and Lessor as co- insured and the proceeds shall be applied first to Lessor to the extent of its
liability, if any, and the balance to Lessee. Lessee shall fumish�certifieates, policies or endorsements to Lessor as proof of such insurance. Lessee hereby appoints Lessor as
Lessee's attorney -in -fact to make claim for, receive payment of and execute or endorse all documents, checks or drafts for loss or damage or return premiums under any
insurance policy issued on the Equipment and hereby assigns to Lessor all of_ils right, tide and interest in and to such insurance policies and the proceeds thereof. If Lessee is
self - insured with respect to equipment such as the Equipment, Lessee shall maintain an actuarially sound self - insurance program in form satisfactory to Lessor and shall
provide evidence thereof in forth and substance satisfactory to Lessor.
10. TAXES, MAINTENANCE AND INSPECTION. The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of
Lessee and, therefore, that the Equipment will be exempt from all taxes presently assessed and levied with respect to personal property. Nevertheless, if the use, possession
or acquisition of the Equipment is determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges assessed or levied against or with
respect to the Equipment. Lessee agrees to use, operate and maintain the Equipment in accordance with all laws, regulations and ordinances and. in accordance with the
provision of any policies of insurance covering the Equipment and in accordance with the U.S. Department of Transportation or appropriate regulatory agency requirements,
and shall not rent the same or permit the same to be used by anyone other than Lessee or Lessee's employees. Lessee agrees to keep the Equipment in good repair, working
order and condition (ordinary wear and tear excepted) and house the same in suitable shelter, and to permit Lessor or its assigns to inspect the Equipment at any time and to
otherwise protect its interests therein. If any Equipment is customarily covered by a maintenance agreement, Lasses will furnish Lessor with a maintenance agreement by a
party reasonably satisfactory to Lessor. No, maintenance or other service for the Equipment will be provided by Lessor. *Ihout the prior written consent of Lessor, Lessee
shall not make any alterations, modifications or attachments to the Equipment that cannot be removed without materially damaging the functional capabilities or economic
value of the Equipment. In the event the Equipment is returned to Lessor; the Lessee, at its sole cost and expense, and at the request of Lessor, will remove all alterations,
modifications and attachments, and repair the Equipment as necessary to return the Equipment to the.condition in which it was furnishedi ordinary wear and tear and
permitted modifications excepted. All replacement parts.shall be free and clear of liens of others, and shall become part of the Equipment and subject to the terms hereof.
11. LATE PAYMENTS AND PERFORMANCE OF LESSEE'S OBLIGATIONS BY LESSOR. If (a) any Payment other than a Lease Payment is not paid when due or (b)
Lessee fails to perform any of its obligations hereunder and Lessor performs the same for the account of Lessee and incurs expenses, costs, penalties or liabilities in so doing
('Reimbursable Expenses "), Lessee shall pay interest on such Payment from the date due and, with respect to the Reimbursable Expenses, from the date incurred, in each
case until paid, at the rate of eighteen (18%) percent per annum - (or, if such rate is in excess of the maximum rate permitted by law, the maximum rate permitted by law).
12. DEFAULT. The following shall constitute an event of default under this Agreement, and the terms "Event of Default" and "default' shall include, whenever they are used in
this Agreement, the following: (a) subject to Paragraph 4 hereof, failure by Lessee to pay any Lease Payment or any other Payment required to be paid when due and such
failure continues for ten (10) days after the due date thereof, (b) Lessee fails to perform or observe any other covenant, condition, or agreement to be.perfortned or observed
by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor, (c) the discovery by Lessor that any statement, representation or
warranty made by Lessee In this Agreement or any writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading, or erronebus in any
material respect; (d) any determination by the United States Internal Revenue Service that the portion of the Payments constituting "interest" is includible in the gross income
of Lessor for Federal Income tax purposes, or (e) the filing of a petition, in bankruptcy by or against Lessee, or failure of Lessee promptly to lift any execution, garnishment, or
attachment of such consequences as would impair the ability of Lessee to carry on its governmental functions, or assignment by Lessee for the benefit of creditors,_or the
entry by Lessee into agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the
dissolution or liquidation of Lessee.
19. REMEDIES. Whenever any Event of Default shall have occurred. Lessor shall have.the right at its option and without any further demand or notice, to take one or any
combination of the'following remedial steps: (a) Lessor, may declare all Lease Payments due or to become due during the fiscal year in which the Event of Default occurs to
be1mmediately due and payable by Lessee; (b) Lessor may repossess any or all.of the Equipment by giving Lessee written notice to deliver the Equipment to Lessor in the
manner provided in Paragraph 18, or in the event Lessee fails to do so within ten (10) days after receipt of such notice, and subject to all applicable laws. Lessor may enter
-upon Lessee's premises where the Equipment is kept and take possessi 7 i ent and charge Less for costs Incurred in repossessing the Equipment, including
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reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. Notwithstanding the fact that Lessor has taken possession of
the Equipment, Lessee shall continue to be responsible for the Lease Payments due during he fiscal year then in effect; (c) i( Lessor terminates this Agreement and lakes
I the Equipment or any portion t
possession and disposes o hereof, Lessor shall apply the proceeds of any such disposition to pay the following items in the foliowing order: (i)
cmpleting the disposition of all costs (including, sa l not limited to, attorneys'Incurred d and incurred possession of the
o retu the Equipment the conditi n ' required by Paragraph 18 hereof, and (v) all
Equipment: (iii) any sales or transfer taxes; (iv) all costs
Payments whether due or due In the future hereunder. Any disposition proceeds remaining after these disbursements have been made shall be paid to lessee. In addition.
Lessor may exercise any other right, remedy or privilege that may be available to Lessor under applicable law or, by appropriate court action at law or in equity, Lessor may
enforce any of Lessee's obligations hereunder. Lessor's rights and remedies are cumulative and may be exercised concurrently or separately. No such right or remedy is
exclusive of any other right or remedy permitted by this Agreement or by law or in equity. Further, if Lessor financed Lessee's obligations under any extended warranty
agreement such ter Equipment Protection Plan, Extended Service Contract, Extended Warranty, Customer Service Agreement, Total Maintenance and Repair Agreement
or similar agreement, lessor may cancel such extended warranty agreement on Lessee's behalf and receive the refund of the extended warranty agreement fees that Lessor
financed but had not received from Lessee as of the date of Event of Default. To the extent that Lessee is entitled to a refund from Lessor for any reason. Lessee agrees that
Lessor shall have the right to offset any obligation that Lessee has with Lessor or Lessor's affiliate with such refund, and in the event that a refund is less than or equal to
Lessor's cost of returning such refund to Lessee, Lessor may retain such refund if no obligation to Lessor or Lessor's affiliates exists.
14. NOTICES. For the purpose of this Agreement any notices required to be given, shall be given to the parties hereto in writing and by certified mail at the address herein set
forth, or to such other addresses as each party may substitute by notice to the other, which notice shall be effective upon its receipt.
16. DELIVERY; TITLE. Lessee has advised Lessor of its desire to lease the Equipment, the cost of the Equipment, the expected delivery date and the desired lease terms
or the Equipment. Lessee shall order such Equipment and shall cause such Equipment to be delivered pursuant to Lessee's directions. Lessor shall have no liability to
Lessee, or to any other person for transportation, delivery or installation of the Equipment. Lessee shall bear the risk of loss with respect to any Equipment. Notwithstanding
the designation of Caterpillar Financial Services Corporation as Lessor, Caterpillar Financial Services Corporation shall not own the Equipment. Unless applicable law
requires to the contrary, legal title o the Equipment, including. if applicable, any software license component thereof shall, so long as an Event of Default or the termination of
this Agreement pursuant to Paragraph 4 hereof has not occurred, and only as provided by law, is in Lessee. Upon the occurrence of an Event of Default or termination of this
Agreement pursuant to Paragraph 4 hereof, full and unencumbered legal title to the Equipment shall pass to the Lessor without the necessity of further action by the parties
hereto, and the Lessee shall have no further interest therein. In connection with the reversion of title to Lessor, Lessee shall execute and deliver to Lessor such documents as
Lessor may request to evidence the passage of Lessee's title and interest therein, and upon request by the Lessor, the Lessee shall deliver possession of the Equipment to
the Lessor at Lessee's sole cost and expense and in he condition required by Paragraph 18 hereof.
16. MISCELLANEOUS. This Agreement may not be modified, amended, altered or changed except by a written agreement signed by both parties. In the event any provision
hereof shall be invalid or unenforceable, the remaining provisions hereof shall remain in full force and effect. This Agreement, together with exhibits, constitutes the entire
agreement between Lessee and Lessor and supersedes all prior and contemporaneous writings, understandings, agreements, solicitations, documents and representations,
expressed or implied. Any terms and conditions of any purchase order or other documents submitted by Lessee in connection with this Agreement which are in addition to or
inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement.
17. JURY TRIAL WAIVER. THE PARTIES TO THIS AGREEMENT HEREBY UNCONDITIONALLY WAIVE, IN A KNOWING AND INTENTIONAL MANNER, THEIR
RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUS OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS
AGREEMENT
THE RELATIONSHIP THAT S
DOCUMENTS. ANESTA DEALINGS BETWEEN
BETWEEN EEN THEM ELATING TO THE SUBJECT MATTER HEREOF OR ANY RELATED TRANSACTIONS,
A
18. RETURN OF EQUIPMENT. If Lessor is entitled to obtain possession of any Equipment or if Lessee is obligated at any time to return any Equipment, then (a) title to the
Equipment shall vest in Lessor immediately upon Lessors notice thereof o Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de- install, disassemble,
pack, crate, insure and return the Equipment to Lessor (all in accordance with applicable Industry standards) at any location in the continental United States selected by
Lessor. Such Equipment shall be in the same condition as when received by Lessee (ordinary wear and to
excepted), shall be in good operating order and maintenance as
required hereby, shall be free and clear of any liens (except Lessors lien) and shall comply with all applicable laws and regulations. Until Equipment is returned as required
above, all terns of this Agreement shall remain in full force and effect including, without limitation, Lessee's obligation to pay Lease Payments and to insure the Equipment.
19. OTHER DOCUMENTS. In connection with the execution of this Agreement, Lessee shall cause to be delivered to Lessor (i) a Delivery Certification `u in the a Verification of
torn attached hereto ly Attachment A; (ii) a certified copy essee's Lessee's Authorizing ounsel ssubstantially t n tI he form attached hereto as hereto
Attachment C, (v) a form 8 38 G or 8038
Insurance substantially in the form attached hereon, (rv) opinion
GC as required under the Code, and (vi) any other documents or items required by Lessor.
20. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws, excluding the laws relating to the choice of law, of the State.
Lessor.
Caterpillar Financial Services Corporation
Signature:
By:
Print Name
Title:
Dale:
heTy GON2AIE .., 1
F
l.170Y rlGlSn ID'i170!_' } b IF1LT
CUSTOMER INFORMATION VERIFICATION
(Required Document)
In our efforts to continue providing timely customer service, we need your assistance confining the following information. If any information is
incorrect or missing, please note the necessary changes below and return this form with your signed documents. In addition, please review the Data
Privacy Notice stated below. Thank you in advance for your cooperation.
Purchase Order # for new contract:
Current Information on file Please make corrections here
Customer Name:
BRAZOS COUNTY
Physical Address:
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Mailing Address:
PO BOX 914
BRYAN, TX 77803
Equipment Location:
Business Phone:
(979)775 -7400
Fed. ID # or SS #:
E -mail Address:
VHALLOWAY@BRAZOSCOUNTYTX.GOV
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate:
0
(Please note: Sales Tax Rate, includes all applicable State, County, and City sales tax)
City Limits
Asset outside the City Limits? YesZNo_
Tax Exemption Status:
Exempt If you are tax exempt — please enclose a current tax
exemption certificate to be returned with your documents —
❑ Non - Exempt Not needed by CFSC if dealer ISC
Other Information:
*Should the. above changes apply to ALL of your contracts, OR for this contract ONLY?
ALL CONTRACTS
THIS CONTRACT ONLY
THE ABOVE INFORMATION HAS BEEN REVIEWED AND IS ACCURATE TO THE BEST OF MY
KNOWLEDGE WITH EXCEPTION OF ANY CORRECTIONS AS NOTED.
Customer Initials
This notice pertains topersonal data supplied in connection vvirh your credit application. Byp•oiidi»g your it formation to Caterpillar
Data Privacy Notice: Inc. or any of its subsidiaries or affiliates, inchiding Caterpillar Financial Services Corporation ( collectively "Caterpillar "), your are
agreeing that the information may be shared among Caterpillar and its partners and dealers, and used to process your applicatiorns for
credit and other orders and to improve at market Caterpillar products and sen•ices. If you hm a any questions pertaining to this notice,
please contact the Dora Privacy Coordinator at 61 5- 341 -8222.
H MW
ATTACHMENT A
DELIVERY CERTIFICATION & TAX INFORMATION
This pertains to and is incorporated into that certain Governmental Lease - Purchase Agreement (Transaction Number
1993436) and the related Schedule A, all of which are by and between Caterpillar Financial Services Corporation ( "Lessor ")
and BRAZOS COUNTY ( "Customer ").
Please ensure that a delivery date is-provided (select A, B, or Q to avoid delays. Failure to complete this section could
delay the closing of your transaction.
Customer hereby certifies to Lessor and its successors and assign, that Customer accepted delivery of ALL below described
Unit(s), and that: [Check one belbm?]
Option A:
The Unit(s) were delivered on the same date: [please date]
The Unit(s) delivered on multiple dates. The first delivery occurred on the following date:
the final delivery occurred on the following date: .[please date]
Option B:
Lessee previously.had possession of the Unit(s)' pursuant to a rental or demonstration arrangement with the
dealer of such Unit(s). Upon Lessor's execution of this Governmental Lease - Purchase Agreement, Lessee
agrees to lease such Unit(s) from Lessor pursuant to the terms of the Governmental Lease- Purchase
Agreement.
Option C:
Unit(s).have not delivered. The delivery date will be provided by the selling dealer using the Dealer
Delivery Certification.
Sales Tax Rate:
.(Please note, Sales Tax Rate includes all applicable State, County, -and City sales tax)
Asset outside City Limits? Yesj_ No
Tax Exemption Status: Exempt
❑ Non -Ex
Descrivtion of t Units)
(1) New 420FIT Caterpillar Backhoe Loader JWJ00671
Name: l l nL
Title:
tiK': ��.ri:t �v7 '
_'��.:.:
xanfa.DST�mf
s. edCrKi.l}1101
Location
County:
I
Vnl- 4
. ;f
ATTACHMENT B
LESSEE'S AUTHORIZING RESOLUTION
Whereas, BRAZOS COUNTY (the Governmental Entity "), a body politic and corporate duly organized and existing as a political
subdivision, municipal corporation or similar public entity of the State of Texas (the "State "), is authorized by the laws of the State to
purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into contracts
with respect thereto; and
Whereas, in order to acquire such equipment, the Governmental Entity proposes to enter into a lease - purchase transaction pursuant to
that certain Governmental Equipment Lease - Purchase Agreement (the "Agreement ") with Caterpillar Financial Services Corporation,
the form of which has been presented to the governing body of the Governmental Entity at this meeting;
Now, Therefore, Be It And It Is Hereby Resolved:
Section 1 Approval of Documents. The form, terms and provisions of the Agreement and all other schedules and exhibits attached
thereto are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be
approved by counsel of the Governmental Entity or other members of the governing body of the Governmental Entity executing the
same, the execution of such documents being conclusive evidence of such approval; and the persons holding the titles listed below or
any other officer of the Governmental Entity who shall have the power to execute contracts on its behalf are hereby authorized and
directed to execute, acknowledge, countersign and deliver the Agreement and all exhibits attached thereto, and the Secretary/Clerk of
the Governmental Entity is hereby authorized to attest to the foregoing and affix the seal of the Governmental Entity to such
documents.
Section 2. Other Actions Authorized. The officers and employees of the Governmental Entity shall take all action necessary or
reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby
and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and
other documents required to be delivered in connection with the Agreement.
Section 3 No General Liability. Nothing contained hi this Resolution, the Agreement, or any other instrument shall be construed with
respect to the Governmental Entity as incurring a pecuniary liability or charge upon the general credit of the Governmental Entity or
against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, or any other instrument or
document executed in connection therewith impose any pecuniary liability upon the Governmental Entity or any charge upon its
general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited
obligations of the Governmental Entity as provided in the Agreement.
Section 4 Authorized Siertatories. Following are the true names, correct titles and specimen signatures of the incurnbent officers
referred to in the foregoing resolution:
e (Print or Type) Title (Print or Type) Si tore
V r l ,;Ws Ju � �
Section 5. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. This Resolution was
adopted and app r ved on
Signature:
Secretary Jerk
Name Printed:
Date:
VERIFICATION OF INSURANCE
Lessor:
Caterpillar Financial Services Corporation
2120 West End Avenue
Nashville, TN 37203 -0001
Lessee:
BRAZOSCOUNTY
206 SOUTH TEXAS AVE
BRYAN, TX 77803
Subject: Insurance Coverage Requirements
1. The above -named Lessor and Lessee have entered into Governmental Equipment Lease- Purchase Agreement Transaction Number
1993436 (the "Agreement "). In accordance with the Agreement, Lessee has instructed the insurance agent named below:
Company:
Address:
Phone No:
Agent's Name:
to issue:
a. All Risk Physical Damage Insurance on the Equipment (as defined in the Agreement). evidenced by a Certificate of Insurance and
Long Form Loss Payable. Clause naming the Lessor and/or its Assignee, as toss payee.
The Coverage Required: the aggregate purchase price for the Equipment.
b. Public Liability Insurance evidenced by a Certificate of Insurance, naming the Lessor and/or its Assignee as Additional Insured,
with a minimum of $1,000,000 per occurrence is required.
2. Proof of insurance coverage will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee.
Lessee:
BRAZOS Y
Signature:
By: 1c CT ,ILA
Print Name \
Title: �� ,� Jc� )e-
Date: 1 0 !:x 1 O`
tsev aoml II / D
� ..: � ���� ^fir Fa:',r .• _ • � .. .. ,
u,mr wsmt� ynr'r
Amendment No. I to Governmental Equipment Lease - Purchase Agreement
(For use with Texas Lessees in tax - exempt transactions)
WHEREAS, Caterpillar Financial Services Corporation.( "Lessor") and the political subdivision of
the State of Texas named below ("Lessee) are parties to that certain Governmental Equipment Lease
Purchase Agreement (the "Agreement'), Transaction Number 1993436; and
WHEREAS, Lessor and Lessee have agreed to amend the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual agreements herein contained and other good
and valuable consideration,'the receipt and sufficiency of which are hereby acknowledged, the parties
hereto,, intending to be legally bound, agree as follows:
1. Capitalized terns used herein and not defined herein shall have the meanings ascribed to them
in the Agreement.
2. - Paragraph 4 of the Agreement is amended and restated in its entirety to`read as follows:
ANNUAL RIGHT OF TERMINATION. Lessee may terminate this
Agreement as of the .last day of any calendar year during the tern- hereof
by giving Lessor sixty (60) days prior written notice of its intent to
terminate this Agreement (although the failure to give such notice shall not
affect Lessee's right to terminate this Agreement as- provided herein): In
the event Lessee gives to Lessor such notice during the term hereof Lessee
shall, no later than the last day of such calendar year (the "Return Date "),
return to Lessor all, but not less than all, of the Equipment, at Lessee's .sole
expense; in accordance with Paragraph 18, and this Agreement shall
terminate on the Return Date. 'Thereafter, Lessee shall not incur any
additional obligations `hereunder, provided, that, Lessee shall pay all Lease
Payments and other Payments due prior to the Return Date and, provided,
further, that Lessee shall pay month -to -month rent at the rate set forth
above for each month or part thereof that Lessee fails to return the
Equipment.
3. Except as amended hereby, the.Agreement remains in full force and effect and enforceable in
accordance with its terms. This amendment set forth herein shall be effective as of the date.hereof.
IN WITNESS WHEREOF; the parti es hereto have caused this Amendment to be executed by their
respective officers duly authorized thereto as of the date�of the Agreement set forth above.
BRA I / Caterpillar Financial Services Corporation
By: , . ✓ By:
Name: Name: .
lit�.[�.�
Title: Title:
Date: .J[J d` Date: .
F-14. C*%TXAM'
IMMIM EM
Insurance Selection Form- Caterailiar Insu rance
Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The
insurance may be provided through an insurance agent or insurance company of your choice, provided the insurance
company satisfies minimum financial requirements.
As an alternative to obtaining your own insurance, you may elect to have your equipment insured under coverage arranged
by Caterpillar Insurance Services Corporation that has been designed specifically for the purchasers of Caterpillar
equipment.
Please complete this form if you elect to insure your equipment with Caterpillar Insurance Services Corporation.
Caterpillar Physical Damage Insurance Policy Summary
Please note: This is only a brief description of the Caterpillar Physical Damage Insurance Program. Contractual provisions contained in the
policy will govern.
Coverage
Caterpillar Physical Damage Insurance protects your equipment against physical damage losses, including collision, fire, theft, vandalism,
upset or overturn, floods, sinking, earthquakes and other unfortunate acts of nature. The protection has been designed for owners of heavy
equipment and provides superior benefits you most likely would not find in other plans.
The Caterpillar Physical Damage Insurance does include normal exclusions. Some important exclusions are wear and tear, rust, loss of
income, war, nuclear damage, and mechanical breakdown, automobiles, watercraft, waterbome shipments, tires or tubes or mobile track belts
damaged by blow -out, puncture, and road damage.
Re°alrs
When a covered loss occurs, this plan will pay for Caterpillar replacement parts on all your new or used Caterpillar equipment. On all non -
Caterpillar equipment, the plan will pay for comparable replacement parts.
Transportation
Your Caterpillar plan will pay for round -trip transportation of covered damaged equipment to and from your Caterpillar dealer's repair facility, up
to $2,500 limit.
Rental
The plan allows for rental costs up to $2,500 that you incur to rent similar equipment following a covered loss. You are automatically protect ed
with up to $100,000 of coverage for damage to the similar equipment you rent.
Claims
In the event of a total loss, the policy will pay the greatest of the following:
- The payoff value of the loan on the damaged parts or equipment as of the date of loss or
- The actual cash value of that covered property; or
- The cost of replacing that property with property of like kind and quality
The policy will pay 10% of scheduled loss, up to a $10,000 maximum for debris removal.
The policy will pay fire department service fees up to $5,000.
DeductlIble
$1,000 Construction and Agricultural Equipment Deductibles:
$5,000 deductible all logging Equipment
Customer Service
If you have any questions or need additional details, see your Authorized Cat Dealer or call Cat Insurance toll free at
1 -800- 248 -4228 You may also e-mail Cat Insurance at Cat.insurance @cat.com.
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM RISK INSURANCE ACT OF 2002
(as extended by the Terrorism Risk Insurance Extension Act of 2005, and as amended in 2007)
You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As
defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury — in concurrence
with the Secretary of State, and the Attorney General of the United States — to be an act of terrorism; to be a violent act or an act that is
dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the
case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as
part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States
Government by coercion.
Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a
formula established by the Terrorism Risk Insurance Act, as amended in 2007. However, your policy may contain other exclusions, which
might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses
85% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The
Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability
for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the
aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced.
The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is: $ 0.00
r..+.mstanT � xixK
1fR'.. / U......_ -r ✓�' /� —_._ -. 4 .%n9*..Io�..,e�re�vun
�� Etlll�lfll — - - I
APPLICATION FOR CATERPILLAR INSURANCE PHYSICAL DAMAGE INSURANCE PROGRAM
Arranged by Caterpillar Insurance Services Corporation
I understand that the total insurance premium for 36 months will be $3,631.72, which is $1,210.57 per year based upon the total equipment
value of $101,900.00.
Method 1 1 will finance the insurance premium,. including finance charges, of $1,254.07 per scheduled equipment payment. The
F] finance char is c alculated at 3.20 %'per annum on the total insurance premium covering the full term of the finance alon
agreement. B choosing Met 1 any sianin4 chis d rnmora onc If insurance s n ca ncel ll led, any une med em u
is due to Caterpillar Financial Services Corporation.
Method 2 1 desire coverage for an initial 12 month term. I will pay the $1,210.57 premium and return the payment with the signed
F equipment. documents.'
Please make check payable to Caterpillar Insurance Services Corporation.
Method 3❑ I will pay the total premium and return the payment with the signed equipment documents. Please make check payable
to Caterpillar Insurance Services Corporation.
Method 4 1 decline Caterpillar Insurance. I elect to obtain my own commercial insurance on the equipment shown from an agent
�K or insurance company of my choice.
I understand that the quote I receive is not a binder of insurance. If I elect to obtain coverage from Caterpillar Insurance Services
Corporation, coverage will be effective in accordance with the terms and conditions of the issued Policy and that I may terminate the
coverage at any time with advance written notice.
I acknowledge that I have been notified that, under the TERRORISM RISK INSURANCE ACT of 2002 (as, extended by the Terrorism
Risk Insurance Extension Act of 2005), any losses caused by certified acts of terrorism under my policy will result in coverage under my
policy that will be partially reimbursed by the United States as outlined in the attached.policyholder disclosure notification.
I also acknowledge I have been advised that, I I accept this insurance, an appointed licensed insurance producer will receive commission
compensation.
customer Name: BRAZOS COUNTY
Dealer Name: MUSTANG MACHINERY COMPANY, LTD
Fraud Warning:
.All states other than: OH, VA, LA, NE,,OK, OR, or VT,
Any person who knowingly and'with, intent to defraud any insurance company or other person files an application for insurance or statement of claim
containing any.materially false information; or conceals for the purpose of misleading, information concerning any fact material thereto, commits a
fraudulent insurance act, which is a crime and shall also be subject to a civil penalties. (In DC, ME, and TN, insurance benefits may also be denied.}
In OH:
Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a
false or deceptive statement is guilty of insurance fraud.
In VA:
It'is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Pena ties
include imprisonment, fines and denial of insurance benefits.
Please note: If you would like a no obligation quote an your additional equipment, call 1- 800 - 248-4228 ext. 5754.
Accepted By
Title:
Name (PRINT):
Date:
e .
/l G
Marsha Blaisdell, Authorized Insurance Producer
acX
"7 ld '
PURCHASE AGREEMENT
This Purchase Agreement, Transaction Number 1993436, is between MUSTANG MACHINERY COMPANY, LTD ( "Vendor ") and. Caterpillar
Financial Services Corporation ( "Cat Financial "). Vendor agrees to sell to Cat Financial and Cat Financial agrees to buy from Vendor the equipment
described below (the " Unit(s)'), subject to the terns and conditions set forth below and on the reverse side hereof.
Serial# VIN # Frei lit Total Pric
Description of Units) e
JW300671 50.00 5101,900.00'
(1) 420Frr New Caterpillar Bacldtoe loader
Subtotal 101,900.00
Lessee: Federal Excise Tax 0.00
BRAZOS COUNTY Other Tax 0.00
200 SOUTH TEXAS AVE Total Purchase Price 101,900.00
BRYAN TX 77803 Unit(s) Delivery Point:
See next page for additional terms and conditions.
MUSTANG MACHINERY COMPANY, LTD Caterpillar Financial Services Corporation
(Vendor)
Signature
Name (PRINT)
Title.
Date
Signature
Name (PRINT)
Title
Date
ll t/
1
Jam" 16]x_`,1] J 7 n1LT
A
:hY
ADDITIONAL TERMS AND CONDITIONS
1. The lessee named on the front. hereof (the "Lessee ") has selected the Unit(s),. instructed Cat Financial to purchase
the Unit(s) from Vendor, and agreed to lease the Units) from Cat Financial.
2. Cat Financial (or its assignee) will have no obligation hereunder (and any.sums previously paid by Cat Financial to
Vendor with.respect to the Unit(s) shall be promptly refunded to Cat Financial) unless (a) all of the conditions set forth.
in Section 1.3 (if a master lease agreement) or Section I (if a non - master lease agreement) of the lease with the Lessee
covering the Unit(s) have been timely fulfilled and (b) the Lessee has not communicated to Cat Financial (or its,
assignee), prior to "Delivery" (as hereinafter defined) of the Unit(s), an intent not to lease the Unit(s) from Cat
Financial. All conditions specified in this paragraph shall be deemed timely fulfilled unless prior to. Delivery of the
Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing. which shall include fax or email.
"Delivery' shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the Lessee or its
agent takes control and/or physical possession of the Unit(s).
3. Upon timely satisfaction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the
Unit(s) shall transfer to Cat Financial (or its assignee) upon Delivery of the Unit(s).
4. Vendor warrants that,(a) upon Delivery of the Unnt(s), Cat Financial (or its assignee) will be the owner of and have
absolute title to the Unit(s) free and clear of all claims, liens; security interests and encumbrances and the description of
the Unit(s) set forth herein is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of
Unit(s) leased under a lease is equal to such Unit(s)'s fair market value.
5. Vendor shall forever warrant and.defend the sale of the Unit(s) to Cat Financial (or its assignee), its successors and
assigns, against any person claiming an interest in the Unit(s).
6. Provided that no event of default under any agreement between Lessee and Cat Financial and upon timely
satisfaction of the conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase
Agreement, Cat Financial (or its assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the
Unit(s) within three business days following (a) the receipt and approval by Cat Financial of all documentation deemed
necessary by Cat Financial in connection with the lease transaction and.(b) all credit conditions have been satisfied.
Vendor shall deliver the Unit(s) to the.Lessee at the delivery point set forth on the front hereof.
8. This Purchase Agreement may be assigned by Cat Financial to, a third party. Vendor hereby consents to any such
assignment.
9. This Purchase Agreement shalt become effective only upon execution by Cat Financial.
1� q'•
»roc» ma�ao" �» oscf
Caterpillar Financial Services Corporation
INVOICE
BRAZOSCOUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Page Date Iuvolce No.
1 10/24/2012 LSAP- 413612056 -1
Serial VIN
Due Date
Pmt.No.
Amount
JWJ00671
Upon Receipt.
i
$20,628.61
r tion
0FTI
terpillar Bncld►oe Loader
$0.00
Sales and Use Tax
50.00
Document Fee
$0.00
Filing Fee
$0.00
Stamp Fa
$0.00
Other Fees
$0.00
Freight Fee
CERTIFICATE, APPLICABLE SALES AND /OR USE
WITHOUT THE APPROPRIATE TAX EXEMPTION
TAX WILL BE CHARGED.
. nr. ,n ♦ v mrsTQ
A lksnirTmIr
X20.628.61
Invoice No. Total Enclosed
LSAP413612056 -1 $
BRAZOSCOUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Remit To: Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: MUSTANG MACHINERY COMPANY, LTD
2120 West End Ave.
Nashville, TN 37203
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENTS) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance by CFSC of
the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will be applied to the specified
payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this check.
11Y M MM51111I
C .._ ._.. _.... __.___.,-- ._...._.
/71
J01IDN 10Sa_'0111 S RMT
CATERPILLAR FINANCIAL SERVICES CORPORATION
MUSTANG MACHINERY COMPANY, LTD
12800 NORTHWEST FREEWAY
HOUSTON TX 77040
Reference: BRAZOS COUNTY
We are requesting a copy of the minutes of the appropriation medting during which the funds for this deal were
allocated.
A copy of this information is n ecessary to complete the documentation Package and to fund the -deal. Your ability to
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATERPILLAR FINANCIAL SERVICES CORPORATI
DOCUMENTATION DEPARTMENT
•
V,
ON
CATERPILLAR FINANCIAL SERVICES CORPORATION
GOVERNMENTAL EQUIPMENT LEASE - PURCHASE AGREEMENT
DOCUMENT PACKAGE
r..w nJCnvcovseJ
l70
157J/J710d1MM J W R T
Explanation of Contents
Thank you for selecting Caterpillar products and for allowing Caterpillar Financial Services Corporation to serve your
financing needs. Included in this document package are all of the forms that will be needed for standard tax exempt lease purchase
transactions. The forms have been designed to be clear, concise and user friendly. We have also provided a brief explanation of the
purpose of each form. If you wish to discuss any of the forms or have any questions about any aspect of this transaction, we
encourage you to contact your Caterpillar Dealer or Caterpillar Financial Services Corporation at 1- 866 -263 -3791 Option # 5.
A. Governmental Equipment Lease - Purchase Agreement. The Governmental Lease - Purchase Agreement contains the terns that
govern each transaction between us. It is the standard Caterpillar Financial Services Corporation tax exempt lease- purchase
agreement, and provides that we will lease to you the equipment described therein pursuant to a full payout amortization schedule. A
new Governmental Equipment Lease- Purchase Agreement will have to be signed in connection with each transaction.
B. Delivery Certification. The Delivery Certification is signed by you when you receive and confirm that the equipment being
lease - purchased under the Governmental Equipment Lease- Purchase Agreement is operational and in good working order. As we are
not involved in the manufacture, selection or delivery of the equipment we are relying upon you to ensure that the equipment works.
C. Lessee's Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions
to approve the Governmental Equipment Lease- Purchase Agreement. Although the authorizing instrument is often a resolution, it
may also take other forms such as an ordinance. We are agreeable to using your customary or standard form provided it contains
specific approval for the lease - purchase agreement, designates persons who are authorized to sign on your behalf and either approves
the document forms or delegates this authority to a named official
D. Verification of Insurance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for
the equipment being lease- purchased. You will need to supply the requested information to us so we can verify coverage.
E. Opinion of Counsel. An opinion of counsel is required in connection with each Governmental Equipment Lease- Purchase
Agreement. The opinion is intended to confirm that you have complied with all open meeting laws, publication and notice
requirements, procedural rules for governing body meetings, and any other relevant state or local government statutes, ordinances,
rules or regulations. We would be unable to confirm compliance with these laws and regulations ourselves absent long delays and
higher costs so we rely upon the opinion of your attorney since he /she may have been involved in the process to approve our
transaction and is an expert in the laws and regulations to which you are subject. The opinion also confirms that you are an entity
eligible to issue tax - exempt obligations and that the Governmental Equipment Lease - Purchase Agreement will be treated as tax -
exempt as it is your obligation to ensure that you have complied with relevant tax law.
F. Form of 8038G or GC. Form 8038 is required by the Internal Revenue Service in order to monitor the amount of tax - exempt
obligations issued. You have to execute a Form 8038 for each Governmental Equipment Lease - Purchase Agreement. Whether a Form
8038 G or GC is required depends on the original principal amount of the Governmental Equipment Lease- Purchase Agreement. If the
original principal amount is less than $100,000 Form 8038GC is filed with the IRS. If the original principal amount is $100,000 or
more Form 8038G is filed with the IRS. Choose the appropriate 8038 form and complete according to IRS guidelines. Contact your
TM or Sales Support Representative for assistance.
IRS Form 8038G
http://www.
IRS Form 8038GC
http://www.
This Explanation of Contents is prepared as an accommodation to the parties named herein. It is intended as an example of some of
the documents that Caterpillar Financial Services Corporation, in its reasonable judgment, may require and is not intended to
constitute legal advice. Please engage and use your own legal counsel. We understand that the laws of the various states are different
so nothing herein shall be construed as a warranty or representation that the documents listed herein are the only documents that may
be required in any particular transaction or that any particular transaction, if documented in accordance with this Explanation of
Contents, will be a valid, binding and enforceable obligation enforceable against the parties named herein in accordance with the
terms of the documents named herein.
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CATERPILLAR FINANCIAL SERVICES CORP.
These documents were prepared especially for:
BRAZOS COUNTY
200 SOUTH. TEXAS AVE
BRYAN, TX 77803
Dealer: MUSTANG MACHINERY COMPANY, LTD, E300
Quote Number: 3575735 Date: 10/24/2012
Credit Application Number: 1993442 Time: 3:10 PM
Comments:
DOCUMENT CHECKLIST (GOVERNMENTAL LEASE)
Customer Executed Documents Comments
❑Lease Purchase Document
❑Delivery Certification
❑Insurance Verification
0803813 or 8038GC
❑Advance Payment (cross out if N /A)
[]Customer Information Verification
[]Tax Exemption Certificate
[]Any necessary Riders /Amendments
❑Lessee's Resolution + Minutes of Meeting OR
- Crortn rnu �
*If any of these documents are altered, or if the Lessee wishes to add or delete documents, please contact
your CFSC Credit Anatvst to obtain acceptance of any and all changes.
If you have any questions concerning these documents please call (979)2.18 -2721 and
ask for Jason Watson
Checklist completed and confirmed by: Print Name:
Date:
These Documents do not constitute any offer or commitment to offer financing by Caterpillar Financial
Services Corporation without Caterpillar Financial Services Corporation's expressed written approval.
1SM1 "1W. -. W77:10r -=
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GOVERNMENTAL EQUIPMENT LEASE - PURCHASE AGREEMENT
(MANDATORY FINAL PAYMENT)
Transaction Number 1993442
Lessee: BRAZOS COUNTY Lessor: Caterpillar Financial Services Corporation
Address: 200 SOUTH TEXAS AVE Address: 2120 West End Avenue
City: BRYAN
State/ Zip TX 77803
City: Nashville
State/Zip: Tennessee 37203 -0001
LESSOR SHALL BE UNDER NO OBLIGATION TO PURCHASE THE UNIT(S) AND ENTER INTO THIS LEASE UNLESS LESSEE EXECUTES AND
RETURNS THIS LEASE - PURCHASE AGREEMENT TO LESSOR ON OR BEFORE NOVEMBER 23, 2012.
1. LEASE PAYMENTS; CURRENT EXPENSE. Lessee agrees to pay the lease payments (the "Lease Payments ") with respect to this Agreement during the term hereof in
the amounts and on the dates specified below. A portion of each Lease Payment is paid as and represents the payment of interest and the balance of each Lease Payment is
paid as and represents payment of principal. Lessor Is authorized to Insert the due dates of the Lease Payments and any other information that should be added hereto in
order for this Agreement to reflect the specific agreements of the parties hereto. All Lease Payments shall be paid to Lessor without notice or demand at such place as Lessor
may from time to time designate by written notlee to Lessee. Lessee shall pay the Lease Payments exclusively from moneys legally available therefor, in lawful money of the
United Stales of America. The obligations of Losses, including its obligation to pay the Lease Payments due in any fiscal year, shall constitute a current expense of Lessee for
such fiscal year and shall not constitute an indebtedness of Lessee within the meaning of the constitution and laws of the State In which Lessee is located (the "State').
Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time for the payment of the "Payments'
(as defined in the lest sentence of this Paragraph) owing hereunder. EXCEPT AS PROVIDED IN PARAGRAPH 4, LESSEE'S OBLIGATIONS TO MAKE THE PAYMENTS TO
LESSOR IN THE AMOUNTS REQUIRED HEREBY ARE ABSOLUTE AND UNCONDITIONAL. LESSEE FURTHER EXPRESSLY AGREES THAT IT WILL MAKE ALL SUCH
PAYMENTS TO LESSOR REGARDLESS OF, AND WILL NOT ASSERT AGAINST LESSOR, ANY DEFENSE, CLAIM, SETOFF, OR COUNTERCLAIM OR OTHER RIGHT,
EXISTING OR FUTURE, WHICH LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PERSON OR ENTITY FOR ANY REASON. As used in this Agreement,
"Payments" shall mean the Lease Payments and any other amounts required to be paid by Lessee hereunder.
Lease Payments shall be paid by Lessee to Lessor as follows: $58,926.89 will be paid in advance and the balance of the Lease Payments is payable in 5 successive
payments of which the first 4 payments are in the amount of $58,926.89 each, and the last payment is in the amount of $112,000.00 plus all other amounts then
owing hereunder, with the first Lease Payment due on the date that Lessor signs this Lease and subsequent Lease Payments due on a like dale of each
thereafter until paid in full. If Lessor does not receive a Lease Payment on the date it Is due, Lessee shall pay to Lessor, on demand a late payment charge equal to the lesser
of rive percent (5 %) of the payment not paid when due or the highest charge allowed by law, whichever is less.
The portion of the Lease Payments constituting principal shall bear interest (computed on the basis of actual days elapsed in a 360 day year) at the rate of 2.50% per
annum.
2. SECURITY INTEREST. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the items of equipment (the "Equipment') described below. In order to
secure all of its obligations hereunder, Lessee hereby: (a) grants to Lessor a first and prior security interest in any and all right, title, and Interest of Lessee in the Equipment
and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom and (b) agrees to do any further act and hereby authorizes the filing of
such financing statements, or to execute and deliver such certificates of title, notices or acknowledgement or other instruments in form satisfactory to Lessor necessary or
appropriate to evidence such security interest. Lessee at its expense will protect and defend Lessor's security interest in the Equipment and 411 keep the Equipment tree and
clear of any and all claims, liens, encumbrances and legal processes however and whenever arising.
Description of Units) Serialk VINN
(1) New RM -300 Caterpillar Rotary Mixer
Lessee confirms that it has an immediate need for, and expects to make immediate use of, substantially all the Equipment, which need is not temporary or expected to
diminish during the term of this Agreement. The Equipment will be used by Lessee for the purpose of performing one or more of Lessee's govemmental functions consistent
with the scope of Lessee's authority and not in any trade or business carried on by a person other than Lessee.
3. WARRANTIES. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND. EXPRESS OR IMPLIED,
AS TO THE EQUIPMENT. AS TO LESSOR, LESSEE'S LEASE AND PURCHASE OF THE EQUIPMENT SHALL BE ON AN "AS IS" AND "WHERE IS" BASIS AND "WITH
ALL FAULTS ". Lessee shall enforce all warranties, agreements and representations, if any, with regard to the Equipment against the maker of such warranties. Except
pursuant to an amendment as provided herein, no person is authorized to waive or alter any term or condition of this Agreement.
4. NONAPPROPRIATION. Lessee covenants and represents to Lessor that (a) Lessee will, to the extent permitted by State law include in its budget for each successive
fiscal year during the term of this Agreement a sufficient amount to permit Lessee to discharge ail of its obligations hereunder, (b) Lessee has budgeted and has available for
the current fiscal year sufficient funds to comply with its obligations under this Agreement and (c) there are no circumstances presently effecting Lessee that could reasonably
be expected to adversely affect its ability to budget funds for the payment of sums due hereunder. Notwithstanding any provision of this Agreement to the contrary. Lessor
and Lessee agree that in the event that prior to the commencement of any of Lessee's fiscal years Lessee does not have sufficient funds appropriated to make the Payments
due hereunder for said fiscal year, Lessee shall have the option of terminating this Agreement as of the date of the commencement of such fiscal year by giving Lessor sixty
(60) days prior written notice of its intent to cancel this Agreement. No later than the last day of the last fiscal year for which appropriations were made for the Payments due
hereunder (the 'Return Date'), Lessee shall return to Lessor all, but not less than all, of the Equipment, at Lessee's sole expense, in accordance with Paragraph 18, and this
Agreement shall terminate on the Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the Lease Payments beyond such fiscal year,
provided, that Lessee shall pay all Lease Payments and other Payments for which moneys have been appropriated or are otherwise available, provided further, that Lessee
shall pay month -to -month rent at the rate set by lessor for each month or part thereof that Lessee fails to return the Equipment.
_ 1911 3 3 10 nx'r
1111M N- 011111 1,7e 1;74
S. TAX WARRANTY. Lessee is validly existing as a body corporate and politic and public instrumentality of the State with the power and authority to enter into this
Agreemeht and to carry out its obligations hereunder and the transactions contemplated hereby. Lessee shall, at all limes, do and perform all ads and things necessary and
within its control in order to assure that the interest component of the Lease Payments received by the Lessor shall, for the purposes of Federal income taxation, be excluded
from the gross income of the Lessor and shall not take or permit any act or thing that could cause the interest component of the Lease Payments received by the Lessor to be
included in the gross income of the Lessor for the purposes of Federal income taxation. The Equipment will not be used in any trade or business carried on by a person other
than Lessee. Lessee will report this Lease Purchase to the Internal Revenue Service by filing Form 8038G, 8038C or 8038 whichever is applicable. Failure to do. so will
cause the agreement to.lose its tax exempt status. Lessee agrees that if the appropriate form is not filed, the interest rate will be adjusted.lo the equivalent taxable interest
rate.
S. ASSIGNMENT. Lessee may not, without Lessor's written consent, by operation of law or otherwise, assign, transfer, pledge, hypothecate or otherwise dispose of its right,
tide and interest in and to this Agreement and the Equipment and/or grant or assign a security interest herein, in whole or in part. Lessor may not transfer, sell, assign,
pledge, hypothecate, or otherwise dispose of its right, tide and interest in and to this Agreement and the Equipment and /or grant or assign a security interest herein, in whole
or in pan.
7. INDEMNITY. To the extent permitted by law, Lessee assumes liability for, agrees to and does hereby indemnify, protect and hold harmless Lessor and its agents,
employees, officers, directors, subsidiaries and stockholders from and against any and all liabilities, obligations, losses, damages, injuries, claims, demands, penalties,
actions, costs and expenses (including reasonable attorney's fees), of whatsoever kind and nature, arising out of the use, condition (including, but not limited lo, latent and
other defects and whether or not discoverable by Lessee or Lessor);, operation, ownership, selection, delivery, storage, leasing or return of any item of Equipment, regardless
of where, how and by whom operated, or any failure on the part of Lessee to accept the Equipment or otherwise to perform or comply with any conditions of this Agreement.
The indemnities contained in this Paragraph shall continue in full force and effect notwithstanding the termination of this Agreement. Lessee'is an independent contractor and
nothing contained in this Agreement shall authorize Lessee or any other person to operate or use any Equipment so as to incur any obligation on behalf of Lessor or impose
any- liability on Lessor. Nothing In this Agreement Is Intended nor should any provision of this Agreement be construed to, limit, waiver, abridge or otherwise
modify any rights, claims, or causes of action that.the Lessee may have against any person or entity other than Lessor.
8. LOSS AND DAMAGE. Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment or any part thereof from any cause whatsoever. No loss,
theft, destruction or damage of the Equipment shall relieve Lessee of the obligation to make Lease Payments or to perform any obligation owing hereunder. In the event of
loss, theft, destruction or damage of any kind to any Item of the Equipment, Lessee shall immediately notify Lessor and, at the option of Lessor, shall: (a) place the some in
good repair, working order and condition (ordinary wear and tear excepted); or (b) replace the same with like equipment in good repair, working order and condition (ordinary
wear and tear excepted). The "net proceeds" (as defined in the last sentence of this Paragraph) of any insurance recovery shall be applied to clause (a) or (b) as provided
above unless an Event of Default shall have occurred and be continuing in which rase the net proceeds shall be paid to Lessor to the extent of, and applied to the amount due
and payable to Lessor under this Agreement. Any net proceeds remaining after application of net proceeds in accordance with the preceding sentence shall be paid to, and
belong to, Lessee.. If the net proceeds of any insurance recovery are Insufficient to pay In full.for the repair, restoration or replacement of the Equipment, Lessee shall either
complete.the work to the satisfaction of Lessor, and pay any costs.in excess of the net proceeds without any claim•for reiinbursement or credit from Lessor or pay the then
applicable purchase price for the Equipment (as determined by Lessor according to its usual and customary manner)• plus alt Payments then due and owing hereunder. "Net .
proceeds" shall mean the'amount remaining frond the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including reasonable
attorneys' fees) inured in the collection of such claim or award.
9. ' INSURANCE. Lessee agrees to keep the Equipment insured to protect all interests of Lessor, at Lessee's expense, for such risks, in such amounts, in such forms and
with such companies as Lessor may require, including but not limited to fire arid extended coverage insurance, explosion and collision coverage, and personal liability and
property damage liability insurance. Lessor may (but shall.not be obligated lo) insure the Equipment at the expense of Lessee. Any insurance policies relating to loss or
damage to the Equipment will name Lessor as loss payee as its interests may appear and the proceeds may be applied toward the replacement or repair of the Equipment or
the satisfaction of the Payments due hereunder. Any such; - polities shall contain a provision that they may not be cancelled or the coverage reduced without thirty (30) days
prior written notice to Lessor. Any liability insurance policies will name Lessee and Lessor as co- insured and the proceeds shall be applied first to Lessor to the extent of its
liability, if any, and the balance to Lessee. Lessee shall fumish.certtficstes, policies or endorsements to Lessor as proof of such insurance. Lessee hereby appoints Lessor as
Lessee's attorney -in -fact to make claim for, receive payment of and execute or endorse all documents,. checks or drafts for loss or damage or return premiums under any
insurance policy issued on the Equipment and hereby assigns to Lessor all of its right, title and interest in and to such insurance policies and the proceeds thereof. If Lessee is.
self- insured with respect to equipment such as the Equipment, Lessee shall maintain an actuarially sound self - insurance program in form satisfactory to Lessor and shall
provide evidence thereof in forth and substance satisfactory to Lessor.
10. TAXES, MAINTENANCE.AND INSPECTION. The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of
Lessee and, therefore, that the Equipment will be exempt from all.taxes presently assessed and levied with respect to personal property. Nevertheless, if the use, possession
or acquisition of the Equipment is determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges assessed or levied against or with
respect to the Equipment. Lessee agrees to use, operate and maintain the Equipment in accordance with all laws, regulations and ordinances and in accordance with the
provision of any policies of insurance covering the Equipment and in accordance with the U.S. Department of Transportation or appropriate regulatory agency requirements,
and shall not rent the same or permit the same to be used by anyone other than Lessee or Lessee's employees. Lessee agrees to keep the Equipment in good repair, working
order and condition (ordinary wear and tear excepted) and house the same in suitable shelter, and to permit Lessor or its assigns to inspect the Equipment at any time and to
otherwise protect its interests (herein. If any Equipment is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement by a
pariy reasonably satisfactory to Lessor. No maintenance or other service for the Equipment will be provided by Lessor. Without the prior written consent of Lessor. Lessee
shall not make any alterations, modifications or attachments to the Equipment that cannot be removed wtthout'materially damaging the functional capabilities or economic
value of the Equipment. In the event the Equipment is returned to Lessor, the Lessee, at its sole cost and expense, and at the request of Lessor, will remove all alterations,
modifications and attachments, and repair the Equipment as necessary to return the Equipment to the condition in which it was furnished, ordinary wear and tear and
permitted modifications excepted. All replacement parts shall be free and dear of liens of others, and shall become part of the Equipment and subject to the terms hereof.
11. LATE PAYMENTS AND PERFORMANCE OF LESSEE'S OBLIGATIONS BY LESSOR. If (a) any Payment other than a Lease Payment is not'paid when due or (b)
Lessee fails to perform any of its obligations hereunder and-Lessor performs the same for the account of Lessee and incurs expenses, costs. penalties or liabilities in so doing
( "Reimbursable Expenses "), Lessee shall pay interest on such Payment from the date due and, with respect to the Reimbursable Expenses, from the date inured, in each
case until paid, at the rate of.eighteen (18%) percent per annum (or, if such rate is in excess of the maximum rate permitted by law, the maximum rate permitted by law).
12. DEFAULT. The following shall constitute an event of default under this Agreement, and the terms "Event of Defaulr and "default" shall include, whenever they are used in
this Agreement, the following: (a) subject to Paragraph !4 hereof,'failure by Lessee to pay any Lease Payment or any other Payment required to be paid when due and such
failure continues for ten It 0) days after the due date thereof, (b) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed
by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor, (c) the discovery by Lessor that any statement, representation or
warranty made by Lessee In this Agreement or any writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading, or erroneous in any
material respect; (d) any determination by the United States Intemal Revenue Service that the portion of the Payments constituting 'interest" is indudible in the gross income
of Lessor for Federal income tax purposes, or (e) the filing of a petition In bankruptcy by or against Lessee, or failure of Lessee promptly to lift any execution, garnishment, or
attachment of such consequences as would impair the ability of Lessee to carry on its governmental functions, or assignment by Lessee for the benefit of creditors, or the
entry by Lessee into agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the
dissolution or liquidation of Lessee.
11. REMEDIES. Whenever any Event of Default shall have occurred; Lessor'sfiall have the right, at its - option and without any further demand or notice, to take one or any
combination of the following remedial steps: (a) Lessor, may declare all Lease Payments due or to become due during the fiscal year in which the Event of Default occurs to
be immediately due and payable by Lessee; (b) Lessor may repossess any or all of the Equipment bygiving Lessee written notice to deliver the Equipment to Lessor in the
tn
manner provided 'Paragraph 18, or in'the event Lessee fails to do within ten (10) days after receipt of such notice, and subject to all applicable laws, Lessor may enter
upon Lessees premises where the Equipment is kept and take possesston of the Equipment and charge Lessee for costs inured in repossessing the Equipment, including
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reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. Notwithstanding the fact that Lessor has taken possession of
the Equipment, Lessee shall continue to be responsible for the Lease Payments due during the fiscal year then in effect; (c) if Lessor terminates this Agreement and lakes
possession and disposes of the Equipment or any portion thereof, Lessor shall apply the proceeds of any such disposition to pay the following items in the following order. (i)
all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ti) all expenses incurred in completing the disposition of the
Equipment; (ili) any sales or transfer taxes; (iv) all costs and expenses incurred by Lessor to return the Equipment to the condition required by Paragraph 18 hereof; and (v) all
Payments whether due or due in the future hereunder. Any disposition proceeds remaining after these disbursements have been made shall be paid to Lessee. In addition.
Lessor may exercise any other right, remedy or privilege that may be available to Lessor under applicable law or, by appropriate court action at law or in equity, Lessor may
enforce any of Lessee's obligations hereunder. Lessor's rights and remedies are cumulative and may be exercised concurrently or separately. No such right or remedy is
exclusive of any other right or remedy permitted by this Agreement or by law or in equity. Further, if Lessor financed Lessee's obligations under any extended warranty
agreement such as an Equipment Protection Plan, Extended Service Contract, Extended Warranty, Customer Service Agreement, Total Maintenance and Repair Agreement
or similar agreement, Lessor may cancel such extended warranty agreement on Lessee's behalf and receive the refund of the extended warranty agreement fees that Lessor
financed but had not received from Lessee as of the date of Event of Default. To the extent that Lessee is entitled to a refund from Lessor for any reason. Lessee agrees that
Lessor shall have the right to offset any obligation that Lessee has with Lessor or Lessor's affiliate with such refund, and in the event that a refund is less than or equal to
Lessor's cost of returning such refund to Lessee, Lessor may retain such refund if no obligation to Lessor or Lessor's affiliates exists.
14. NOTICES. For the purpose of this Agreement any notices required to be given, shall be given to the parties hereto in writing and by certified mail at the address herein set
forth, or to such other addresses as each party may substitute by notice to the other, which notice shall be effective upon its receipt.
15. DELIVERY; TITLE. Lessee has advised Lessor of its desire to lease the Equipment, the cost of the Equipment, the expected delivery date and the desired lease terms
for the Equipment. Lessee shall order such Equipment and shall cause such Equipment to be delivered pursuant to Lessee's directions. Lessor shall have no liability to
Lessee, or to any other person for transportation, delivery or installation of the Equipment. Lessee shall bear the risk of loss with respect to any Equipment. Notwithstanding
the designation of Caterpillar Financial Services Corporation as Lessor, Caterpillar Financial Services Corporation shall not own the Equipment. Unless applicable law
requires to the contrary, legal title to the Equipment, including, if applicable, any software license component thereof shall, so long as an Event of Default or the termination of
this Agreement pursuant to Paragraph 4 hereof has not occurred, and only as provided by law, is in Lessee. Upon the occurrence of an Event of Default or termination of this
Agreement pursuant to Paragraph 4 hereof, full and unencumbered legal title to the Equipment shall pass to the Lessor without the necessity of further action by the parties
hereto, and the Lessee shall have no further interest therein. In connection with the reversion of title to Lessor. Lessee shall execute and deliver to Lessor such documents as
Lessor may request to evidence the passage of Lessee's title and interest therein, and upon request by the Lessor, the Lessee shall deliver possession of the Equipment to
the Lessor at Lessee's sole cost and expense and in the condition required by Paragraph 18 hereof.
16. MISCELLANEOUS. This Agreement may not be modified, amended, altered or changed except by a written agreement signed by both parties. In the event any provision
hereof shall be invalid or unenforceable, the remaining provisions hereof shall remain in full force and effect. This Agreement, together with exhibits, constitutes the entire
agreement between Lessee and Lessor and supersedes all prior and contemporaneous writings, understandings, agreements, solicitations, documents and representations,
expressed or implied. Any terms and conditions of any purchase order or other documents submitted by Lessee in connection with this Agreement which are in addition to or
inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement.
17. JURY TRIAL WAIVER. THE PARTIES TO THIS AGREEMENT HEREBY UNCONDITIONALLY WAIVE, IN A KNOWING AND INTENTIONAL MANNER, THEIR
RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS
AGREEMENT OR RELATED DOCUMENTS, ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER HEREOF OR ANY RELATED TRANSACTIONS,
AND /OR THE RELATIONSHIP THAT IS BEING ESTABLISHED BETWEEN THEM.
18. RETURN OF EQUIPMENT. If Lessor is entitled to obtain possession of any Equipment or if Lessee is obligated at any time to return any Equipment, then (a) tide to the
Equipment shall vest in Lessor immediately upon Lessors notice thereof to Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de- install, disassemble,
pack, crate, insure and return the Equipment to Lessor (all in accordance with applicable industry standards) at any location in the continental United States selected by
Lessor. Such Equipment shall be in the some condition as when received by Lessee (ordinary wear and tear excepted), shall be in good operating order and maintenance as
required hereby, shall be free and clear of any liens (except Lessors lien) and shall comply with all applicable laws and regulations. Until Equipment is returned as required
above, all terms of this Agreement shall remain in full force and effect including, without limitation. Lessee's obligation to pay Lease Payments and to insure the Equipment.
19. OTHER DOCUMENTS. In connection with the execution of this Agreement, Lessee shall cause to be delivered to Lessor (1) a Delivery Certification substantially in the
form attached hereto as Attachment A: (i) a certified copy of Lessee's Authorizing Resolution substantially in the form attached hereto as Attachment B. (iii) a Verification of
Insurance substantially in the form attached hereto, (iv) an opinion of Lessee's counsel substantially in the form attached hereto as Attachment C, (v) a forth 8038 G or 8038
GC as required under the Code, and (vi) any other documents or items required by Lessor.
20. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws, excluding the laws relating to the choice of law, of the State.
Lessee:
BRAZOS C
Signature: _
Date:
r ®7r.O ll SE
Lessor:
Caterpillar Financial Services Corporation
Signature:
By:
Print Name
Title:
Date:
i
. e
aan.oa}.im.roiiiiarm
MUSTANG
8212 West SH 21
Bryan, Texas 77807 -4933
Main 979 - 775 -0539 • Fax 979 - 775-2838
October 12, 2012
To: Wm. Charles Wendt
Brazos County Purchasing Agent
From: Jason Watson
Mustang CAT
Mr. Wendt,
Thank you for the purchase of the three new machines from Mustang CAT. We
are grateful that Brazos County sees the value in owning and operating Caterpillar
equipment. We hope that our past dealings have had an influence on your decision to
purchase additional machines now and in the future.
Through Caterpillar Financial, we offered a governmental lease on these pieces of
equipment. I was wrong in the clarification of the lease final payment and thanks to your
auditor, it was caught that the final payment is not an option, it is a mandatory payment.
Please accept this letter as a solution to this mistake. Mustang CAT will make the final
payment on all three pieces as a "guaranteed buyback" for the county. The machines,
serial number, and buybacks are listed below. Mustang CAT will make that payment for
the county and take possession of the unit.
The stipulations to this agreement are that the machines be in working condition
and within the lease agreement on hours. On these particular units, that is 1000
hours/year. Mustang CAT will do an off lease inspection on the machine prior to taking
possession and making the payment.
If you have any questions, please let me know. We appreciate your business.
Mustang CAT has been in business for 60 years and with loyal customers such as Brazos
County, we hope to be here for another!
Thank You,
�onWatson
Mustang CAT -Bryan, TX
(979) 218 -2721
930K Wheel Loader serial # RHN01407 Buyback - $77,580
RM300 Reclaimer serial # Buyback - $112,000
420F IT Backhoe Loader serial # JWJ00671 Buyback - $45,273
HOUSTON • BEAUMONT • BRYAN • CONROE • EL CAMPO • LA MARQUE • LUFKIN
www.mustangcatcom
1/v/
CUSTOMER INFORMATION VERIFICATION
(Required Document)
In our efforts to continue providing timely customer service, we need your assistance confirming the following information. If any information is
incorrect or missing, please note the necessary changes below and return this form with your signed docurents. In addition, please review the Data
Privacy Notice stated below. Thank you in advance for your cooperation.
Purchase Order # for new contract:
Current Information on file Please make corrections here
Customer Name:
BRAZOS COUNTY
Physical Address:
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Mailing Address:
PO BOX 914
BRYAN, TX 77803
Equipment Location:
BRYAN, TX 77807, BRAZOS
Business Phone:
(979)775 -7400
Fed. ID # or SS #:
E -mail Address:
VHALLOWAY @BRAZOSCOUNTYTX.GOV
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate:
0
(Please note: Sales Tax Rate, includes all applicable State, County, and City sales tax)
City Limits
Asset outside the City Limits? YesXNo_
Tax Exemption Status:
Exempt If you are tax exempt — please enclose a current tax
exemption certificate to be returned with your documents —
Non - Exempt
Not needed by CFSC if dealer ISC
Other Information:
*Should the above changes apply to ALL of your contracts, OR for this contract ONLY?
ALL CONTRACTS
THIS CONTRACT ONLY
THE ABOVE INFORMATION HAS BEEN REVIEWED AND IS ACCURATE TO THE BEST OF MY
KNOWLEDGE WITH EXCEPTION OF ANY CORRECTIONS AS NOTED.
Customer Initials
Notice: This notice pertains to personal data supplied in connection with yora• credit application. Bilprovidi»gyour it formation to Caterpillar
Data Privac y Inc. or any of its subsidiaries or affiliates, incldding Caterpillar Financial Services Corporation (coNecffiely "Caterpillar" ), you are
agreeing that the irrforvnation maybe shared among Caterpillar and its partners and dealers, and used to process your applications for
credit and other orders and to impiwe or market Caterpillar products and sen ices. Ifyonr have any questions pertaining to this notice,
please contact the Dora Pr7wey Coordinator at 61 5- 341 -8112.
l! 1 371 toil 2011 110 WCT
MR V
i
ATTACHMENT A
DELIVERY CERTIFICATION & TAX INFORMATION
This pertains to and is incorporated into that certain Governmental Lease- Purchase Agreement (Transaction Number
1993442) and the related Schedule A, all of which are by and between Caterpillar Financial Services Corporation ( "Lessor ")
and BRAZOS COUNTY ( "Customer ").
Please ensure that a delivery date is provider! (select A, B, or Q to avoid delays. Failure to complete this section could
delay the closing of your transaction.
Customer hereby certifies to Lessor and its successors and assign, that Customer accepted delivery of ALL below described
Unit(s) and that: [Check one below]
Option A•
Option B•
Option C:
The Unit(s) were delivered on the same date: . [please date]
The Unit(s) delivered on multiple dates. The first delivery occurred on the following date:
the final delivery occurred on the following date: . [please date]
Lessee previously had possession of the Unit(s) pursuant to a rental or demonstration arrangement with the
dealer of such Unit(s). Upon Lessor's execution of this Governmental Lease - Purchase Agreement, Lessee
agrees to lease such Unit(s) from Lessor pursuant to the terms of the Governmental Lease - Purchase
Agreement.
Unit(s) have not delivered. The delivery date will be provided by the selling dealer using the Dealer
Delivery Certification.
Tax Information
Tax Rate:
(Please note, Sales Tax Rate includes all applicable State, County, and City sales tax)
Asset outside City Limits? Yes No —
Tax Exemption Status: 9 Exempt
Description of the Unit(s)
(1) New RM -300 Caterpillar Rotary Mixer
8 R
. —ft.DoW
INiEW0111iui
P
Location
BRYANJX
County. BRAZOS
ATTACHMENT B
LESSEE'S AUTHORIZING RESOLUTION
Whereas, BRAZOS COUNTY (the "Governmental Entity"), a body politic and corporate duly organized and existing as a political
subdivision, municipal corporation or similar public entity of the State of Texas (the "State "), is authorized by the laws of the State to
purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into contracts
with respect thereto; and
Whereas, in order to acquire such equipment, the Govermnental Entity proposes to enter into a lease - purchase transaction pursuant to
that certain Governmental Equipment Lease - Purchase Agreement (the "Agreement ") with Caterpillar Financial Services Corporation,
the form of which has been presented to the governing body of the Governmental Entity at this meeting;
Now, Therefore, Be It And It Is Hereby Resolved:
Section 1 Approval of Doctunents. The forth, terns and provisions of the Agreement and all other schedules and exhibits attached
thereto are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be
approved by counsel of the Governmental Entity or other members of the governing body of the Governmental Entity executing the
same, the execution of such documents being conclusive evidence of such approval; and the persons holding the titles listed below or
any other officer of the Governmental Entity who shall have the power to execute contracts on its behalf are hereby authorized and
directed to execute, acknowledge, countersign and deliver the Agreement and all exhibits attached thereto, and the Secretary/Clerk of
the Governmental Entity is hereby authorized to attest to the foregoing and affix the seal of the Governmental Entity to such
documents.
Section 2 Other Actions Authorized. The officers and employees of the Governmental Entity shall take all action necessary or
reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby
and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and
other documents required to be delivered in connection with the Agreement.
Section 3 No General Liability. Nothing contained in this Resolution, the Agreement, or any other instrument shall be construed with
respect to the Governmental Entity as incurring a pecuniary liability or charge upon the general credit of the Governmental Entity or
against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, or any other instrument or
document executed in connection therewith impose any pecuniary liability upon the Governmental Entity or any charge upon its
general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited
obligations of the Governmental Entity as provided in the Agreement.
Section 4 Authorized Signatories. Following are the true names, correct titles and specimen signatures of the incumbent officers
referred to in the foregoing resolution:
Name (Print or Type) Title (Print or Type) gnature
Section 5. Effective Date. This Resolution] 5hal ffective immediately upon its approval and adoption. This Resolution was
adopted and ap oved on d ! 19
"
Signature: , V11
i NZ Secretary /Cle
Name Printed: Her M&G-Lifem
Date:
I ,7 '. altos iex�:eis.l9an
F—M 00VAN9 -009,
IYI�t�6��1191 �
VERIFICATION OF INSURANCE
Lessor:
.Caterpillar Financial Services, Corporation
2120 West 'End Avenue
Nashville, TN 37203 -0001
Lessee:
BRAZOS COUNTY
200 SOUTH.TEXAS AVE
BRYAN, TX 77808
Subject: Insurance Coverage Requirements
1. The above -named Lessor and Lessee have entered into Governmental Equipment-Lease-Purchase Agreement Transaction Number
1993442 (the "Agrdement "). In:accordancc with the Agreement, Lessee has instructed the insurance agent named below:
Company;
Address:
Phone No:
Agent's Name:
to issue:
a. All Risk Physical Damage Insurance on the Equipment (as.defined in the Agreement) evidenced by a Certificateof Insurance and
Long Form Loss Payable Clause naming the'Lessor and/or its Assignee, as loss, payee'.
The Coverage. Required: the aggregate purchase price for the Equipment.
b. Public Liability Insurance evidenced by a Certificate of Insurance, naming the Lessor and/or its Assignee as Additional Insured,
with a minimum of $1,000,000 per occurrence is required.
2. Proof of insurance coverage will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee.
Lessee:
BRAZOS C
Signature:
By :. -
Print Name
Title:
Date:
OS � of
is"m ia�s�snzswc'r
Amendment No. I to Governmental Equipment Lease - Purchase Agreement
(For use with Texas Lessees in tax - exempt transactions)
WHEREAS, Caterpillar Financial Services Corporation ( "Lessor ") and the political subdivision of
the State of Texas named below ( "Lessee) are parties to that certain Governmental Equipment Lease -
Purchase Agreement (the "Agreement "), Transaction Number 1993442; and
WHEREAS, Lessor and Lessee have agreed to amend the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual agreements herein contained and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto, intending to be legally bound, agree as follows:
1. Capitalized terms used herein and not defined herein shall have the meanings ascribed to them
in the Agreement.
2. Paragraph 4 of the Agreement is amended and restated in its entirety to read as follows:
ANNUAL RIGHT OF TERMINATION. Lessee may terminate this
Agreement as of the last day of any calendar year during the term hereof
by giving Lessor sixty (60) days prior written notice of its intent to
terminate this Agreement (although the failure to give such notice shall not
affect Lessee's right to terminate this Agreement as provided herein). In
the event Lessee gives to Lessor such notice during the term hereof, Lessee
shall, no later than the last day of such calendar year (the "Return Date "),
return to Lessor all, but not less than all, of the Equipment, at Lessee's sole
expense, in accordance with Paragraph 18, and this Agreement shall
terminate on the Return Date. Thereafter, Lessee shall not incur any
additional obligations hereunder, provided, that, Lessee shall pay all Lease
Payments and other Payments due prior to the Return Date and, provided
further, that Lessee shall pay month-to -month rent at the rate set forth
above for each month or part thereof that Lessee fails to return the
Equipment.
3. Except as amended hereby, the Agreement remains in full force and effect and enforceable in
accordance with its terms. This amendment set forth herein shall be effective as of the date hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their
respective officers duly authorized thereto as of the date of the Agreement set forth above.
BRAZO COUN Caterpillar Financial Services Corporation
B
By: y.
Name: h1; T L ,, D Name:
Title: [ .l')I�rl A Title:
Date: Date:
N IS 111
Caterpillar Financial Services Corporation
INVOICE
BRAZOSCOUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Page Dntc Invoice No.
1 10/24/2012 LSAP - 413575735 - 1
Invoice No. Total Enclosed
LSAP -413575735 -1 $
BRAZOSCOUNTY
200 SOUTH TEXAS AVE
BRYAN, TX 77803
Remit To: Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: MUSTANG MACHINERY COMPANY, LTD
2120 West End Ave.
Nashville, TN 37203
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance by CFSC of
the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will be applied to the specified
payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this check
PLEAblE YAY 1n1a Aivivui'4 1p
CATERPILLAR FINANCIAL SERVICES CORPORATION
MUSTANG MACHINERY COMPANY, LTD
12800 NORTHWEST FREEWAY
HOUSTON TX 77040
Reference: BRAZOS COUNTY
We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATERPILLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
M/ JC
b1S ^01!110 PLKf
PURCHASE AGREEMENT
This Purchase Agreement, Transaction Number L993442, is between MUSTANG MACMERY COMPANY, LTD ( "Vendor ") and Caterpillar
Financial Services Corporation ("Cat Financial'). Vendor agrees to sell to Cat Financial and Cat Financial agrees to buy from Vendor the equipment
described below (the "Unit(s) "), subject to the terns and conditions set forth below and on the reverse side hereof.
Serial# VIN # Frei ht Total Price
Descriutio_ n of Unit(sl
E0.00 5379,250.00
(1) RM -300 New Caterpillar Rotary IvSxer
Subtotal
379,250.00
Lessee:
Federal Excise Tax
0.00
0.00
BRAZOS COUNTY
Other Tax
200 SOUTH TEXAS AVE
Total Purchase Price
379,250.00
BRYAN, TX 77803
Unit(s) Delivery Point:
BRYAN, TX 77807, BRAZOS
See next page for additional terms and conditions.
MUSTANG MACHINERY COMPANY, LTD
Caterpillar Financial Services Corporation
(Vendor)
Signature
Signature
Name (PRINT)
Name (PRINT)
itle
Title
Date
Date
9 '
317170 wT -012 J -10 c1
21 IL W9EE
ADDITIONAL TERMS AND CONDITIONS
1. The lessee named on the front hereof (the "Lessee') has selected the Unit(s), instructed Cat Financial to purchase
the Unit(s) from Vendor, and agreed to lease the Unit(s) from Cat Financial.
2. Cat Financial (or its assignee) will have no obligation hereunder (and any sums previously paid by Cat Financial to
Vendor with respect to the Unit(s) shall be promptly refunded to Cat Financial) unless (a) all of the conditions set forth
in Section 1.3 (if a master lease agreement) or Section 1 (if a von - master lease agreement) of the lease with the Lessee
covering the Unit(s) have been timely fulfilled and (b) the Lessee has not communicated to Cat Financial (or its
assignee), prior to "Delivery" (as hereinafter defined) of the Unit(s), an intent not to lease the Unit(s) from Cat
Financial. All conditions specified in this paragraph shall be deemed timely fulfilled unless prior to Delivery of the
Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing. which shall include fax or email.
"Delivery" shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the Lessee or its
agent takes control and/or physical possession of the Unit(s).
3. Upon timely satisfaction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the
Unit(s) shall transfer to Cat Financial (or its assignee) upon Delivery of the Unit(s).
4. Vendor warrants that (a) upon Delivery of the Unit(s), Cat Financial (or its assignee) will be the owner of and have
absolute title to the Unit(s) free and clear of all claims, liens, security interests and encumbrances and the description of
the Unit(s) set forth herein is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of
Unit(s) leased under a lease is equal to such Unit(s)'s fair market value.
5. Vendor shall forever warrant and defend the sale of the Unit(s) to Cat Financial (or its assignee), its successors and
assigns, against any person claiming an interest in the Unit(s).
6. Provided that no event of default exists under any agreement between Lessee and Cat Financial and upon timely
satisfaction of the conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase
Agreement, Cat Financial (or its assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the
Unit(s) within three business days following (a) the receipt and approval by Cat Financial of all documentation deemed
necessary by Cat Financial in comtection with the lease transaction and (b) all credit conditions have been satisfied.
7. Vendor shall deliver the Unit(s) to the Lessee at the delivery point set forth on the front hereof.
8. This Purchase Agreement may be assigned by Cat Financial to a third party. Vendor hereby consents to any such
assignment.
9. This Purchase Agreement shall become effective only upon execution by Cat Financial.
f
V ; -,s d0 1
BID TABULATION 2013 -17
COLD MIX LIMESTONE
1
2
3
5
RECOMMENDATION: Is to Reject Bid due to no bids received for item #s 1 -4
�J� 2012 b
Appr v by Commi ioner' urt on this S_�_L_._._ day of y
holding the position of Em&n iloo- %J k
V0i,.
Knife River
330 Type I Grade AA, Course Base
Loaded Only
No Bid
Loaded/Hauled in County
Loaded/Hauled to Yard
330 Type I Grade CC, Medium Surface
Loaded Only
No Bid
Loaded/Hauled in County
LoadedlHauled to Yard
330 Type II Grade CS, Medium Surface
Loaded Only
No Bid
Loaded/Hauled in County
Loaded/Hauled to Yard
334 Type F MC -800
Loaded Only
No Bid
Loaded/Hauled in County
Loaded/Hauled to Yard
334 Type F AES -300
Loaded Only
$80.00
Loaded/Hauled in County
$84.50
Loaded/Hauled to Yard
$83.25
RECOMMENDATION: Is to Reject Bid due to no bids received for item #s 1 -4
�J� 2012 b
Appr v by Commi ioner' urt on this S_�_L_._._ day of y
holding the position of Em&n iloo- %J k
V0i,.
Brazos County
r.
Purchasing Department
.�� g p
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent
Tiffany West,. Buyer Gall Davis, Buyer
January 13, 2012
Vulcan Construction Materials
P.O. Box-791550
San Antonio, TX 78279
Phone: 210 -452 -5892
Fax:
Email: landt@vmcmail -com
Attn: Travis
Re: Renewal of Contrad for Cold Mix Limestone — 2013 -17R, previously known as 201244
Brazos County appreciates the quality work your company has provided.and would like to exercise a renewal option
for Cold MU Lbnestone — 2013 -17R. All terms, conditions, and pricing shall remain the same. This,renewal will
be for three (3) mdnths and will start upon the expiration of the Contract # 2012 through December 31, 2012.
To accept the renewal option, pleaselill out.the information and sign below. Return the signed documents by email
to lwi18ams ®co.brazos.tK.us or fax to (979) 3614293. Please then submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible.
If you have any questions, I may be reached at (979) 361 -4294.
Contact Name: t A y Ud' Telephone: 9 l0- QUA 3 S67
E - Mail: I , Zq\ A*j%At At #%U rAt. fth Co Fax: 7 . SaLt • 355s
VU %N CONSTR ON MATERIALS
t�1a311 �-.
Authorized Signature Date
Duane Peters,. County Judge Date
S:�Ai � fti ..� �" 7T�1`1' _ • .� a lLJ. 1 L'.. _ ..
9 T�
zw
F �
*
+4T Ol
Brazos County
Purchasing Depar
200_ SOUTH TEXAS AVE SUITE-352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent
Tiffany West, Buyer
January. 13, 2012
Knife River
P.O. Box 674
Bryan, TX 77806
Leslie Williams, Asst. Purchasing Agent
Gail Davis, Buyer
Phone: 979 -361 -2900
Fax:
Email: keith.pierson @kniferiver.com
Attn: Keith Pierson
Re: Renewal of Contract for Cold Mix Limestone — 2013 -17R, previously known as 2012 -44
Brazos County appreciates the quality work your company has provided and would like to exercise a_renewal option
for Cold Mix Limestone— 2013 -17R.. All terms, conditions, and pricing shall remain the same. This renewal will
be for three (3) months and will start upon the expiration of the Contract #` 2012 -44 through December 31, 2012.
To accept the renewal option, please fill out the information and sign below. Return the signed documents by email
to lilliams @co.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible.
If you have any questions, 1-may be reached at (979) 361 -4294.
Contact Name: K' A aa28 Telephone: 9 27 — 3 4 1 — 1 90 0
E -Mail: ke14L � 0 - _ V. P nif$r#".Cow^ Fax: 4 779' -g&/ 2.9 5(1
Y
KNIFE RIVER CORP. - SOUTH
ff
Authorized- Signature
S CO Y
Duane Peters, County Judge
b l
Date
Date
/1
BID TABULATION 2013 -17R
COLD MIX LIMESTONE
Previously known as 2012 -44
Expiration December 31, 2013
Vulcan Knife River
1 330 Type I Grade AA, Course Base
Loaded Only $34.00
LoadedlHauled in County $44.80 No Bid
Loaded/Hauled to Yard $78.80
Type I Grade CC, Medium Surface
Loaded Only $38.00
Loaded/Hauled in County $44.80 No Bid
Loaded/Hauled to Yard $80.80
Type II Grade CS, Medium Surface
Loaded Only $38.00
Loaded/Hauled in County $44.80 No Bid
Loaded/Hauled to Yard $82.80
Type F MC -800
Loaded Only
Loaded/Hauled in County No Bid No Bid
LoadedlHauled to Yard
Type F AES -300
Loaded Only $80.00
Loaded/Hauled in County No Bid $85.00
Loaded/Hauled to Yard $83.00
RECOMMENDATION:
Vulcan Materials: Sections 1, 2 and 3
Knife River: Section 5
No Award: Section 4 -due to no bids received
Appr ed b mmissi _uri on this Q— day of , 2012 by
holding the position of Y n
F U•
� ' O
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent
Tiffany West, Senior Buyer
August 30, 2012
Knife River
PO Box 674
Bryan, TX 77806
ATTN: Vernon Havemann
Re. Renewal of Contract for Flexible Base — 2013 -20R
Leslie Williams, Asst. Purchasing Agent
Gail Davis, Buyer
Phone #: 979 - 361 -2900
Fax #:
Email: Vemon.havemann @kniferiver.com
Brazos County would like to exercise the renewal option for Flexible Base — 2013 -20R, previously known as 2011 -
51for the Road and Bridge Department. All terms, conditions, and pricing shall remain the same. This agreement
will be in effect from January 11, 2013 to January 10, 2014.
To accept the renewal option, please fill out the information and sign below. Return this letter by email to
Williams@brazoscountytx.gov or fax to (979) 361 -4293 and submit an original and an updated Certificate of
Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 361 -4294.
Contact Name: V/ f7do e Af�Am'v'4- Telephone: Z�7 I I`/
E -Mail: J �i�nVN• llave ,ksa#9 Ir� r i t2,,6 '11x:
KNIFE RIVER
Signature Date
BRAZ OUNTY
4 IrI--�3cI
Duane Peters, County Judge Date
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BRAZOS- COUNTY -
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT.. NUMBER 56001000
DATE OF COURT MEETING October 30, 2012
ITEM Consider and take action on approval of capital purchase of 2 radios w /prograrnmins for
newlypurchased Road and Bridge eguinment (Gradall X1,3100) in the amount of $862.85; items
were inadvertently left off specification requirements for original eguipmerit purchase. See
attached quote from Texas Communications.
FUNDS: 63000500/80289000
NO'TES/EXCEPTIONS:
SUBMITTED BY:
R: Alan-Munger, P..E
County Engineer
CC2012 -048
APPROVED BY:
Commissi ner Lloyd Wassermann
Road arid Bridge Liaison
This Re' est is Approved or) Denied by Commissioners' Court
Date:
E. Duane Peters, County Judge
E ..
PAGE 1
1 389 N.Harvey Mitchell Pkwy
Bryan TX�771303 --
(979) 775 -6239 Fax: (979) 2224126
233
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QTY DESCRIPTION UNIT PRICE DISC TOTAL
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*+ SALES ORDER ONLY, NOT A FINAL INVOICE **
** End user is.responsible.for FCC Licensing **
** NARROW BAND COMPLIANCE DATE 1 =1 -2013 **
'Returns allowed within 30 days of receiving goods.
Refunds are account credit for future or exchange
purchases and subject to restocking fees.
Item summary 846.25
BY Mark Conley 390
THIS QUOTATION DOES NOT CONSTITITP'E A SALES ORDER UNLESS SIGNED BY YOU, OUR CLHWT. SEE TERMS AND CONDITIONS OF SALE ATTACHED.
Accept
by P.O. No.
LEGAL NAME OF PURCHASER
Date
AUTHORIZED SIGNATURE
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ORDERS SUBJECT
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BY Mark Conley 390
THIS QUOTATION DOES NOT CONSTITITP'E A SALES ORDER UNLESS SIGNED BY YOU, OUR CLHWT. SEE TERMS AND CONDITIONS OF SALE ATTACHED.
Accept
by P.O. No.
LEGAL NAME OF PURCHASER
Date
AUTHORIZED SIGNATURE
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BRAZOS COUNTY .
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: October 30, 2012
SUBJECT: Utility Permit — Wellborn Special Utility District
Consider and take action on the Wellborn S.U.D. utility pen-nit to construct 80'
road bore located on Paleo Point (Indian Lakes Subdivision). This project will
provide water service to customer. Site is located in Precinct 1..
REQUIREMENTS
• No work will be permitted between front slope and /or back slope
• No work shall be done within 3' of driveway culverts measured. from outside culvert walls
• All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists,
the installation(s) shall'be'l) within 2 -4' of and parallel to the right -of -way line and /or, 2) in the case of a road
bore, perpendicular to the right -of -way line
• If clearing of brush, trees atid obstruction is necessary, it shall be the Applicant's responsibility to do so
and to remove all cleared brush, trees etc. from county right -of -way
• All distui6ed•areas will be seeded after completion, if ground cover was removed and shall be compacted in 8"
lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical
testing firm; copies of test results shall be furnished to the office of the Brazos County Engineer
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for
Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal
laws governing utility construction
• All underground utilities shall be place at least thirty-six (36 ") below ditch flow line
• Notification 48 hours prior, to beginning work to meet with inspector from Brazos County at project site
• Utility will be iiistalled'in accordance with the Brazos County Roadway Safety and Road Preservation Standards
SUBMITTED BY:
Joe . Salvato
Right of Way Agent
APPROVED BY:
Lloyd assermann
Commissioner Precinct 1
This request is OV
PRED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE:
Wellborn,.Special Ut 'il."Ity-Distrid :0 "IN _100� . OR -
REEZINUMa" ZMFMMVM 1
October 22, 2012
The Commissioner's Court of Brazos County
Attention County Judge:
Formal notice is hereby given that Wellborn Special Utility District will construct a road bore for water line within the
right -of- -way of a County Road in Brazos ,County, Texas as follows:
Road bon: will be made.under;Paleo Point located in Indian Lakes Subdivision. Bore will be made from
existing 3" water line located on.the north side (lot 34) to south side (lot 29) to proposed water meter for a
.distance of 80' at a minimum depth of 36" below ditch flow line. -
The location and description of this line is more fully shown in drawings attached to this notice. The line will be
constructed and maintained in the County Road right-of-way accordance with the Brazos County Roadway Safety
and Road Preservation Standards and governing laws.
Construction of this line will begin on or after October 23, 2012
Regards,
Stephen st
Gene Manager
Wellborn Special'Utility District
P.O. Box 250 • 41.18 Greens Prairie Rd. • Wellborn, TX 77881 • 979.690.9799 • Fax 979.690.1260
M VOL /70 �'Jm_
BRAZOS COUNTY
PROCEDURES TO. FOR-ACTIVITY
IN; UNDER, ACROSS OR.ALONG
BRAZOS COUNTY ROADS, STREETS HIGHWAYS
Anyone proposing to conduct activity in a Brazos County Right of Way (in,.under, across, or along), shall apply for a
permit. Such activity, including but not' limited to laying, constructing, maintaining, and/or repairing cable,. conduit,
pole lines, gas lines, or any•other utility shall apply for.a permit. To make application fora permit, the following must
be submitted:
1. Complete application form (attached hereto);
2. Attach a Vicinity Map.or Key Map page; and
3. Provide detailed construction drawings indicating the scope of work and compliance with the attached
Brazos County Design Standards,and Safety Precaution Requirements for Work Conducted in Brazos County
Rights of Way.
The completed application. and all'of its.appurtenances shall not contain any, false information nor conceal any material
facts.
Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than
emergency situations; will not be`considered. Permitting may take up to two.weeks.
A separate application must be filed for each work site.
Written notices are required:
1.24 hours in advance of construction start up;
2. If an emergency existed, 24 hours notice after construction started•, and'
3. Notification that construction is complete and ready for County inspect.to ensure right of
way is returned back to original
Provide Notice to:
Joe Salvato
Phone Number (979) 822 -2127 ext. 3033
Brazos County Engineer's Office
2617 Highway 21 West
Bryan, Texas. 77803
e -mail - JSalvato @brazoscountytx.gov
Failure to obtain a permit. and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
C• fit. {�,:=r ,i::..� x . _
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TO: THE COUNTY ENGINEER.OF'BRAZOS COUNTY, TEXAS
Pursuant to the Texas' Utility Code, Section 181.024, comes now Wellborn
Special Utility D ist [company name], hereinafter referred to as "Company" a Texas
[state] Corporation, with authority to transact business. in Texas, acting by and through its duly authorized
representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate
a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached
hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
a eo Point
Length of
Crossing
TYPE OF CONSTRUCTION
- CHECK ONE
Bored Jacked. Driven Cased
bl ock
X
Facility to Parallel County Road Within Riaht -Of -Way
Road Name and Block
Number From To Depth Distance
CONSTRUCTION TYPE
211 Diameter • 1011 Wall Thickness
Material Specification PVC Casing
Maximum Operation Pressure 200 psi
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed.drawings..
The Company. shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within . 15 working days. (COMPANY MUST FILL Ili. If such
construction is not begun by the 60 day, Company will be required to apply fora new permit.
Company declares that prior to filing this application, it has ascertained the location of all. existing utilities, both aerial
and' underground and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility..
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the. rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
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expense, arising.in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these! specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a.permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (Le. depth, location etc), Company assumes all financial responsibility for
damages and/or destruction of lines, gables, etc. based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a ,violation of the terms of this policy, Applicanl. stipulates that
requisites for. injunctive relief exist and that Brazos County is entitled' to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of'public health, safety or welfare, or for failure to repair any damages
upon demand, or for any other reason deemed sufficient by Brazos County. .
In the event Company fails to comply. with any or all of the requirements as set forth herein, the County may take
such action as it deems appropriate 'to compel compliance. The County Engineer further retains the right to revoke
this permit by verbal notification to the Applicant/Company.
Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company ,listed below, and that the Company .agrees
to the conditions /provisions included in this. permit.
Wellborn Special Utilitv District
C gt m �'n en ast
By:
Signature
Genera Yanager
Title
P.O. Box 250
Address
Wellborn, Texas 77881
C8 tyty P
79) 6 -97 99 State Zt
Phone Number
wsud..scoverizon.net/ wsud.
Email:
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WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and dated - Of - to g6R A, 02 0I42 except as noted below:
(Month/DayNear)
EXCEPTIONS: NOW9
l
Brazos County Engineer
Signature
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD .
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
'BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall
be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed
representative.
4. The construction and maintenance of such utility shall not interfei with the property or rights of a prior
occupant.
Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities runningthrough the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the: public exists, then the County Engineer will decide whether such project
will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control
Devices ( TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may
be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,
signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a
danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for
future installation shall be placed at back of the Right of Way. Exceptions may be approved by the County
Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) left open over night; requires specific nighttime traffic
control measures pursuant to the TMUTCD;�
b. If construction is with.in ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
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3. Plan must set forth the time of completion for'the job.
D. Design'Standards
1. All overhead installations shalt conform to clearance standards of the Texas Department of Transportation and
the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section
181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to
the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at.least thirty-six (36) inches'below ditch flow line when installation is within the area measured from
top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (16) feet from the edge of pavement.' Exceptions may apply in rights of way of less
than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines
shall be cased if crossing under the roadway.
5. Utilities in all new developments- that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall-be as follows: (measured from back of
right -of -way).
Power — 0 -2 feet, nominally 1'
Phone — 24 feet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar.manner
as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final
approval of - each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if
left open over night or unattended.
Crossings under a county road shall:
a. be bored .or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the' full length of the crossing if the annular space between pipe and casing and
.soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations
-and have the opportunity to have an inspector on site to observe pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b: all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the
County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile
to prevent drainage problems;
_ 6
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e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed further
from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the trench
Will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material
as soon as weather permits;
e. All disturbed base and pavement materials shall be removed.and restored to the satisfaction of the County
Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not: jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible
for repairing the.damage and replacing the right -of -way to the it was prior to commencing
construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except'in an instance whereby the laying, construction, maintenance and/or repair of
cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a
performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the
County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
1. In the event Company is required to perform emergency services that requires excavation in a County Right
of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall
notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County
Engineer and Road & Bridge Office -an opportunity to inspect the site to ensure the integrity of the County
Right of Way and traffic safety controls used'.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and%r pole lines which require disturbance of the soil,
shall not be performed until plans describing such maintenance and /or repair have been approved by the
County Engineer or designated representative and a permit has been obtained.
G Relocation of utilities.
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration:or relocation of.all or any.portion of said road, any or all poles, wires, pipes, cables or other facilities
and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable time as determined by the County Engineer and Utility
Company, and at the expense of the Utility Co 74,n
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the. pipeline
2. With the exception of the maximum operation pressure of the pipeline,'this information is to be supplied for
both the carrier pipe and the casing.
3. Assurance must also be given that the installation.material and design meet the minimum Federal Safety
Standards for Liquid and Gas.l ipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
- Depth
Tyne of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be .installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines)
and shall not be parallel to a County Road.
6. Natural Gas Distribution is aline that serves the final customer.
vc) a
/ 70
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: October 30, 2012
SUBJECT: Utility Permit — Bryan Texas Utilities
Consider and take action on the BTU utility permit to construct an aerial crossing
on Deer Park Drive. This project will provide electrical service to address 1773.
Site is located in Precinct 1.
REQUIREMENTS
• No work will be permitted between front slope and /or back slope
• No work shall be done within 3' of driveway culverts measured from outside culvert walls
• All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists,
the installation(s) shall be 1) within'0 -2' of and parallel to the right -of -way line and /or, 2) in the case of a road
crossing, perpendicular to the right -of -way line
• If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so
and to remove all cleared brush, trees etc. from county right -of -way
• All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8"
lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical
testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for
Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal
laws governing utility construction
• All overhead utilities shall conform to clearance standards of the Texas Department of Transportation and
follow any standards as stated in the Texas Utilities Code, Section 181.045
• Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site
• Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards
SUBMITTED BY:
A 4 �-
jo%X Salvato
Right of Way Agent
APPROVED BY:
Lloyd assermann
Commissioner Precinct 1
This request is PROVE / DENIED ❑ by Commissioners' Court
Peters, County Judge
DATE: 0 190 a- Vol_ //C0 — P _ -__
BRAZOS COUNTY
PROCEDURES' TO BE FOLLOWED'FOR •ACTIVITY
. IN, UNDER, ACROSS OR ALONG
BRAZOS COUNTY ROADS, STREETS, HIGHWAYS
Anyone proposing. to conduct activity in - a Brazos County Right of Way, (in, under, across, or along), shall apply for a
permit. Such activity, including but not limited to. laying, constructing; 'maintaining, and/or repairing cable, conduit,
pole lines, gas lines, or any other Uility,'shall apply for a permit. To make application for a permit, the following must
be submitted:
1. Complete application form (attached. hereto);
2. Attach a Vicinity Map or Key-Map page; and
3. Provide detailed constriction drawings indicating the scope of . work and compliance with the attached
Brazos' County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County
Rights of Way.
The completed application and all. of its. appurtenances shall not contain any. false information nor conceal any material
facts.
Only after obtaining the Right of Way.-Permit can construction begin.. Early start on any construction other than
emergency situations, will not be considered. Permitting may take up to two weeks.
A separate application must be filed for-each work site.
' .
Written notices are required
1. 24 hours 'in advance of construction startup;
2. If an emergency existed, 24 hours notice after construction start ed; -and
3. Notification . that construction is complete and ready for County to inspect to.ensure right of
way is returned back to original condition.
Provide Notice to:
Joe Salvato
Phone Number (979) 822-2127 ext. 3033
Brazos County Engineer's:Office
2617 Highway 21 West
Bryan,, Texas 77803
e -mail - JSalvato @brazoscountytx.gov
Failure to obtain a permit and/or notify,. the County Engineer's Office within 24' hours of beginning construction
shall constitute grounds for job sk ut6o ,
Vol. Pa
APPLICATION FOR ELECTRICAL UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OIL WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.044, comes now Bryan Texas
Utilities [copaity namej, hereinafter referred to as "Company" a Texas Municipali
[stale] Corporation, with autliority to transact business in Texas, acting by and through its duly authorized
representative, and hereby petitions the County Engineer for the approval of ilia location to lay, construct, maintain,
repair and /or operate lines under, over, across and /or along certain County Roads as shown on drawings and diagrams
attached hereto and said location described as follows:
Facifi x,to Cross Road
Road Name & Block Number
Length of
Crossing
TYPE OF CONSTRUCTION
CHECK ONE)
Bored
Jacked
Cased
Aerial
Dear a a
'
Fncility to Parallel County Road W iihin RI&W -Of way
)toad Name and Block Number From 1 Distance
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual consirnction/work in good faith within 60 days from the date of said permit and
shall complete said construction/work within 2 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60 ' day, Company will be required to apply for a new permit.
Company declares that prior to beginning construction/work, it will ascertained the location of all existing utilities,
both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will
not conflict Willi any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of (lie County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save liannless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two Weeks after complete application is received.
l
f
Applicnnt agrees to comply with all roles of Ilse County Commissioners and lite Comity Engineer in construction of
said installation attached hereto as BRAZOS. COUNTY SAFETY AND ROAD PRESERVATION STANDARDS
FOR WORK CONDUCTED IN I3RAZOS COUNTY RIGHTS OF WAY and incorpornted herein for reference.
In the event Comrpally falls to obtain a pernill prior to the installation or does not hislall utililles tit compliance 114111
hest Nation requirements set forth herelhn # . rleplb, location, e1c), Comapariy assumes all fivancia/ respolrsib111 {t� for
doniiges oa(Yor destruction of lines, cables we. based upon lis failure to comply with Brazos Counrv,reguiremeals.
This perualt Is a revocable.petwill. Brazos County reserves the right to revoke this peruall at aiq 11ine, In the sole
dlscretlou of'Brazos Counly, for interests of public health, safety or welfare, or for failure to repalr 9113 damaages•
upon demand, or for anit other reason d eemed sufflelent by Brazos Couinlj.
Iii the oven/ Company frills to comply with any or all of lite requirements his set forth herein, the Count) amay lake
such action as It deenhs appropriMle,, to compel connpNance, including luf uncllve ►•ellef. The Cohyly Lnghteer
fin-tier retains the right to revoke this Permit by verbal 11o1!llcallom to the. ApplkoullConpanj.
Fallure to obtain this peruill and/or nollfjo the County Engineer's Office wilkia 24 hours of beginning cynstrucllon
shall conslilule groundsforJoh shutdown.
By signing below, I certify flint I am nuthorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included rt this permit.
Bryan Texas Utilities
Company Name
Brandon Charanza
By:
Signature
BTU Line Designer
Title
205 E. 28th St.
Address
Bry TX. 77805
City State Zip
979 - 821 -5784
Phone Number
bcharanza0btutilitles.com
Emnil:
APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice.dated Oerst" a , J- except as noted below:
(Monih/Dny /Year)
EXCEPTIONS: .. rr
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Brazos County. t Right -of -Way Agent
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BRAZOS ;COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
C
L,
FA
A. General Requirements
1. Adequate drainage *:shall be mairitaiiied in ditches at -all times.
2. Permittee will use best management practices. ( "BMP ") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall
be restored to.its original condition, as far as practical, in the opinion ofthe County Engineer or appointed
representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
'
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public: If it.is,
determined that inconvenience to the public exists, then the County Engineer will decide whether such project
will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures, must follow the Texas Manual of Uniform Traffic Control
Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may
be necessary,,in order to safely conduct the public through the projectarea. Company shall provide flagmen,
signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions, must be made to cause minimum inconveniences to traffic and adjacent property owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a
danger.or hazard of any kind to persons or vehicles .using such road. Any poles placed in the Right of Way for
future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County
Engineer.
Traffic Control Plan
A traffic control plan, pursuant to the: TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e: pit, excavation, hole) left open over night,. requires specific nighttime traffic
control measures.pursuant to the TMUTCD;
b. If construction is Within-ten (10) feefofttie roadway; or
c. Any work performed in the.road right-of-way;
Plan must be attached to the permit and.kept at the job site any time°work_is being performed.
3. Plan must set forth.the'time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and
the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section
181.045..
2. All pole installation (including. lighting) shall be placed at the backside of the Right of Way to ensure safety to
the public. Any pole placed- in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be.approved'bythe County Engineer.
All underground, installations. shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when'installation is within the area measured from
top of bank to top of bank;. '
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d.. not be closer than ten (10) feet from the edge of pavement. Exceptions 'May apply in rights of way of less
than 60'.
4. Water Lines: All water lines must.be a minimum 36-inches below the ditch flow line and cased. Waterlines
shall be cased if crossing under the roadway.
Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from back of
right -of -way).
Power — 0 -2 feet, nominally I'
Phone — 2 -4 feet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet•right -of -way in all new developments shall install the utility in a similar manner
as, referenced in No. 3 above, however, the County Engineer or its designated representative will provide final
approval of each utility location.
7. The length, of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if
left open over night or unattended.
8. Crossings under , a county road shall:
a. be bored or jacked. ABSOLUTELY NO DPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the.annular space between pipe and casing and
soil exceeds one (1) inch. - Brazos County must be given 24. hours notice of pressure grouting operations
and have the opportunity to have an inspector on site to observe grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all •boring, jacking, tunneling and joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the
County Engineer or his representative;
d. when pits are to remain open'for more than 8 hours, due diligence will be used in protecting the spoil pile
to prevent drainage problems;'
Voi.
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed further
from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the trench
will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material
as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County
Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible
for repairing the damage and replacing the right -of -way to the condition it was prior to commencing
construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of
cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD
requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a
performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the
County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
1. In the event Company is required to perform emergency services, that requires excavation in a County Right
of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall
notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County
Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County
Right of Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil,
shall not be performed until plans describing such maintenance and/or repair have been approved by the
County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities
and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable time as determined by the County Engineer and Utility
Company, and at the expense of the Utility Comp
VOL � Pg. - , v g,/ 7
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information . is to be supplied for
both the carrier'pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal_ Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the,company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe
Less than 10' Must be covered with concrete pad at least.36 "deep
Encased Pipe
Greater than 10' No concrete pad required
Non -Cased Pipe
Less than 10' Must be covered with concrete pad at least 48 "deep
Non -Cased Pipe
Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under.no circumstances will a pipeline be installed . parallel to a County Road within the Right -
of -Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas
lines) and shall not be parallel to a County Road.
6, Natural Gas Distribution'is a line that serves the final customer.
0! 17_0.
- - - __
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT
MEETING DATE:
Road & Bridge
October 30, 2012
SUBJECT: Utility Permit — Wellborn Special Utility District
Consider and take action on the Wellborn S.U.D. utility permit to construct 80'
road bore on Creekside Drive. This project will connect the Wellborn S.U.D.
water system into the City of College Station water system to help supply
customers in the area. Site is located in Precinct 4.
REQUIREMENTS
• e No work will be permitted between front slope and /or back slope
• No work shall be done within 3' of driveway culverts measured from outside culvert walls
• All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists,
the installation(s) shall be 1) within 2 -4' of and parallel to the right -of -way line and /or, 2) in the case of a road
bore, perpendicular to the right -of -way line
• If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so
and to remove all cleared brush, trees etc. from county right -of -way
• All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8"
lifts to 90% density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical
testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for
Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal
laws governing utility construction
• All underground utilities shall be place at least thirty-six (36") below ditch flow line
• Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site
• Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards
SUBMITTED BY: APPROVED BY:
JaW. Salvato Irma Cauley
Right of Way Agent Commissioner Pr(
This request is LAPPROVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
q
DATE: l r'q 02
fa
WINN PROFESSIONAL ENGINEERS
AND
CONSTRUCTORS, LLC
October 11, 2012
Mr. R. Alan Munger, P.E.
County Engineer
Brazos County
2617 State Highway 21 West
Bryan, Texas 77803
RE: Wellborn SUD
Water Line Crossing of Creekside Drive
Dear Mr. Munger:
We are submitting herewith an Application for Pipeline Utility Permit for a proposed water
line crossing of Creekside Drive for the Wellborn SUD Tie -in to the College Station Water
Supply at the Sandy Point Road Pump Station for your approval. The following are also
submitted:
1. Application form
2. Plan /Profile of crossing
3. Temporary Traffic Control Plan
We appreciate your review of this submittal. Please do not hesitate to call if you have any
questions.
Sincerely yours,
Winn Professional Engineers and Constructors, LLC
Texas Registered Firm No. F -7846
Walter T. n Jr., P.E.
Principal
WTW /pkw
Enclosures
pc: Stephen Cast — Wellborn SUD (w /encls.)
ad C -^«p^^ S ubmittal 101112.doc
505 Padon • P. O. Box 2727 • Longview, Texas 75606
t.903- 553 -0500 • f.903- 553 -0555 • vm winnpec.com
I/�l X70 pq oZ�d
t U`6 L ` l L
BRAZOS COUNTY
PROCEDURES . TO'BE FOLLOWED'FOR ACTIVITY
IN, UNDER, ACROSS OR ALONG
BRAZOS COUNTY ROADS, STREETS, HIGHWAYS
Anyone proposing to conduct activity in. a Brazos County Right of Way (in, under, across, or along), shall apply for a
permit. Such activity, including but •not limited to laying, constructing, maintaining, and/or repairing cable, conduit,
pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must
b_ a submitted:
1. Complete application form (attached hereto);
2. Attach a Vicinity Map or Key Map page; and
3. Provide detailed construction drawings indicating the scope of work and compliance with the attached
Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County
Rights of Way.
The completed application and all of its appurtenances shall not contain any false information nor conceal any material
facts.
Only after obtaining the Right of Way permit can construction begin. Early start on any construction, other than
emergency situations, will not be considered. Permitting may take up to two weeks.
A separate application must be filed.for each work site.
Written notices are required:
1.24 hours in advance of construction start up;
2. If.an emergency existed, 24 hours notice after construction started; and
3. Notification that construction'is complete and ready for County to inspect to ensure right of
way is returned back to original condition.
Provide Notice to:
Joe Salvato
Phone Number (979) 822 -2127 ext. 3033
Brazos County Engineer's Office
2617 Highway 21 West
Bryan, Texas. 77803
e -mail - .1Salvato @brazoscountytx.gov
Failure to obtain a permit and/or notify. the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
_ f i
APPLICATION FOR PIPELINE UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now Wellborn Special Utility District [company name], hereinafter referred to as
"Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and
through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct,
maintain, repair and /or operate equipment under, over, across and/or along certain County Roads as shown on drawings
and diagrams attached hereto and said location described as follows:
Facility io Cross Road
Road Name & Block Number
Cree si a Road
Length of
Crossing
o
TYPE OF CONSTRUCTION
CHECK ONE
Bored I lacked Driven Cased
5
Facility to pa rallel County Road Within Right -Of -Way
CONSTRUCTION TYPE
High Pressure Underground ❑
Pipeline (60 psi or greater
operating pressure)
Low Pressure Underground
Pipeline (60 psi operating
pressure)
10 "Diameter 0 . 2 5 Nall Thickness
Material Specification S tee 1 Casing
Minimum Yield Strengtlt 36, 000 psi 78 p si
Maximum Operation Pressure
Carrier pipe is 6 SDR 14 PVC
(0.43" thickness)
The location and description of the proposed installation and appurtenances mast be fully shown on the attached detailed
drawings.
The Company shall commence actual construction /work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 150 working days. (COMPANY MUST FILL IN). if such
construction is not begun by the 60 day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and
underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with
any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public
property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,
title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and
indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising
in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.
Any deviation from these specifications trust be approved by Brazos County Engineer's Office or its designated
representative .
V OA, _._�.___... Pg, - -.
Approval of County Engineer's Office'may take as lorig as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said
installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
in Nie event Company falls to obtain .a pernnll prior'to the Installation or does not ins tall utilities h► compliance with
Installation requirennents`set forth herehr. (Le. depth, location, etc), Company assumes all fana»cial responsibility for
damages and/or destruction of lines, cables, etc, based upon lis failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County , demonstrates a violation of file terms of !nuns policy, Applicant stipulates that
requisites for Injunctive relief exist and flint Brazos County Is entitled ; to . relief enjoining airy conduct by applicant
which is contrary to the policies.
This permit Is a revocable permit.. Brazos - reserves the. right to revoke this permit at any time, in the sole
discretion. of Brazos County, for interests' ojpublic health, safely or welfare, or for failure to repair any damages upon
demand, or for any other reason deemed srrjflclent by Brazos County.
In the event Conrpanry fails to comply with any or all of the requirements asset jortlr herein, fire Co�mty may take such
action as it deems appropriate to ,compel compliance The County Engineer further retains the right to revoke this
Permit by verbal notification to tine AppllcantlConnpany-
Failure to obtain this permit and/or not fy t/re Comity Engineer's office ►vilhin 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed :below, and that the Company agrees to
the-conditions/provisions included 'in this permit.
Wellborn Special Uti Dist rict
Company Name
Stephen Cast
By:
Si azure
ever Manager
Title
P.O. Box 250
Address
Wellborn, Texas 77881
City State Zip
979- 690 -0092
Phone Number
wsud.sc@verizon.net
Email:
Technical Contact.:
Walter T. Winn, Jr., P.E.
Winn Professional Engineers and Constructors, L
P.O. Box 2727, Longview, TX 7.5606
903- 553 -0500 T., .90'3- 553 -0555 F.
twinn®winnpec.com
Vol, 1,76 x z.
...?YPELINE"UTILITY APPROVAL
Btazos County offers no, objection. to the p . roposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated - 0:706CA 11, 2017 except as noted below:
(Month/DayNear)
EXCEPTIONS:
NONE
Brazos County Engineer
VOA
P: \PROD TS \01 -WE \ROAD CROSSING \CREEKSIDE DRNE.DWG
t/ / 7U 17 ,2 ; s-
4m
P-0, ►2.n
CREEKSIDE DRIVE
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WELLBORN SUD
ROAD CROSSING
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wnJ pwFE881cwu.00NEERS
F M.5534555
— MnftFec
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AND
CONSTRiCTOPALLC
O
' /
10" STEEL CASING
0
50
SCALE: 1 "
=50' /
/
•
6" SDR 14 C900
�
�
/•
RESTRAINED JOINT
PIPE
/
j r
��
, i� • • `fir OGG.SI' ��
WALTER T. WINN, JR.
4
...............
41279
EXISTING GR
DE
320
320
4'
315
315
10" STEE
CASING
310
cv
x
t= o
x
310
N
ca
V W
10 w
4
O O
O�
Y
W
0 O
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f1U
( N
P: \PROD TS \01 -WE \ROAD CROSSING \CREEKSIDE DRNE.DWG
t/ / 7U 17 ,2 ; s-
4m
P-0, ►2.n
CREEKSIDE DRIVE
SHEET
1
`°""' r . 9 M u ; �',
WELLBORN SUD
ROAD CROSSING
OF
wnJ pwFE881cwu.00NEERS
F M.5534555
— MnftFec
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AND
CONSTRiCTOPALLC
Flrn I F•7846
P: \PROD TS \01 -WE \ROAD CROSSING \CREEKSIDE DRNE.DWG
t/ / 7U 17 ,2 ; s-
TEMPORARY TRAFFIC CONTROL PLAN.
CREEKSIDE ROAD WATER LINE CROSSING
BRAZOS COUNTY
This temporary traffic control plan. is to be implemented by the construction contractor
(Contractor) for the water line crossing of Creekside Road 520' north of Farm -to- Market
Road 1687 (Sandy Point Road) in Brazos County, Texas. This plan is intended to
comply with the Texas Manual of Uniform Traffic Control Devices ( MUTCD) published
by the Texas Department of Transportation (TxDOT). The Contractor is expected to
obtain a copy of this manual or make use of the MUTCD postings on the TxDOT website
(www.dot.state.tx.us% business /manuals Rublications.htm -
The work will include boring.from ditch line to ditch line beneath the roadway and open
excavation outside the ditch line. Thus, all work will be in accordance with the
conditions described in the under Typical Application 1— Work Beyond the
Shoulder. One sign with legend "UTILITY WORK AHEAD" ( MUTCD Sign CW21-
7) shall be installed on both-approaching sides of the roadway 800.' from the location of
the crossing as shown'in the attached MUTCD Figure 6H -1.
iv 17 ��
Figure 6H -1. Work Beyond the Shoulder (TA -1)
Note: See Table 61-1-2
for the meaning
of symbols.
Pcsted 'X" S.yn
Speed Spadn9s
MPH tFeeti
or
Less 120
35 160
40 240
5 320
53 400
55 500
63 600
65 700
70 1 800 1
Typical Application 1
6H -7
; Y a.
1,70 _
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall
be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed
representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such project
will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control
Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may
be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,
signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a
danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for
future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County
Engineer.
C. Traffic Control Plan
I . A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the permit and kept at.the.job site.any.ti[myprk is being performed.
i70 �
- - 3. Plan must set forth the time completion-for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and
the.'pole be placed-in the designated area for power specified as set forth in the Texas Utilities Code, Section
181.045.
2. All pole installation (including lighting) shall be placed at-the backside of the Right of Way to ensure safety to
the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be approved by the County. Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of'forty-eight (48) inches below the top of the pavement;
b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from
top of bank to top of bank;
c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10). feet from the edge of pavement. Exceptions may apply in rights of way of less
than .60'.
4. Water Lines: All water lines: must,be a minimum 36- inches below the ditch flow line and cased. Waterlines
shall be cased if crossing under the roadway.
Utilities in all new developments'that have 60 feet or greater.of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from back of
right -of -way).
Power — 0 -2 feet, nominally 1'
Phone — 24 feet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner
as referenced -in No. 3 above, however the County Engineer or its designated representative will provide final
approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if
left open over night or unattended. .
Crossings under a county road.shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if. the,annularspace between pipe and casing and
soil exceeds one (1) inch. Brazos County must be.given,24 hours notice of pressure grouting operations
and have the opportunity. to have an inspector on site to observe pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits
a. no pits shall. remain open longer 2 days; .
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
C. pits shall NOT'be located within: ten (10)' feet from the edge of pavement without prior approval from the
County Engineer or his representative;
d. when pits are to remain open for more than 8 hours „due diligence will be used in protecting the spoil pile
to prevent drainage problems;
1,O H v '�� i
e. based upon soil conditions; the County Engineer or his representative may require shoring to protect
-= pavement integrity; - - -
f. based upon soil conditions, the County Engineer or his representative may require pits be placed.fuither
from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the trench
will be considered TEMPORARY and shall' be replaced with PERMANENT cement stabilized material
as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County
Engineer or his, representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible
for repairing the damage and replacing the right -of way to the condition it was prior to commencing
construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of
cables,, conduits andlor pole lines cannot be accomplished by any other method and in this event all such
equipment shall be of the: rubber tire variety. Appropriate traffic control- shall be. provided meeting TMUTCD
requirements.
13. In the.event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base etc), Company will be required to provide a
performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the
County Engineer.
14. The - applicant shall submit a letter of "No,Objection" from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
1. In the event Company is required to perform emergency services, that - requires. excavation in a County Right
of Way, and unable to notify the. County Engineer prior to conducting emergency repairs, Company shall
notify County Engineer within 24.hours of beginning construction/repairs. This will allow the County
Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County
Right of Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil,
shall not be performed until'plans describing such maintenance and /or repair have been approved by the
County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities.
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, airy or all poles, wires, pipes, cables or other facilities
and appurtenances authorized, hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable'time as determined by the County Engineer and Utility
Company, and at the - expense of the Utility Company.
.._H ;fig _p Li Permits for hi .li i'— - — — -
g. P.
ty g p essure'pipelines (generally 60 PSI or greater), whether pertaining to controlled
access or non - controlled access installations, should contain the.following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for
both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad . shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines)
and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
FY 2022 Chapter 59 Asset Forfeiture Report
by Attorney Reproentbe the State
AgeoeyNsme: Br azos County District Attorney Reportingperiod : 09/01/11 to 08/31/12
(v ample: 911 /1l- OV31/12)
Name of Attorney
ggxmmdngthe
scats (Printed):
Agency Mailing
Address:
Phone Number:
County:
Small Address:
William Turner, District At torney
300 E 26th St, Ste 310
Bryan, Te xas 77803
979 -361 -4320
Brazos
bturn erebrazoscountytx.gov
This should be a permanent agency =14 address
NOTE: PLEASE ROUND ALL DOLLAR AMOUNTS TO THE NEAREST WHOLE DOLLAR
L SEIZED FUNDS (Rands that have been salad, but not yet been awarded to your ageoey by the judicial sysaam)
A) Beginning Btlmce:
Iostrnetions: Iocloda total amount of seized finds on hand (m Your agency's poueat3on) at the
bogiroing oftbateporting period iscbrdiogiataest Include fonds that may have been forfeited but
bavo not been transferred to your agency's *rflib" account Do not include rinds that an in an S 179,560
account bold by another agency, erg, a polies department's account
B) BndingBaIMM
lmtruedotur. Include total amount of seized Asods on hand (in your agency's pouetaion) at the and
ofrepasting period including inw=L Do not include finds that we in an account hold by another s 158,587
aaenev_ 4.9. a law mforcemeat account
L. FORFEITED FUNDS (Faode awarded to yew agency by the Judicial system)
A) Beginning Belsoce:
Im"ve dons: Include total'amount of ffirfaitod funds that have been forfeited to your agency and
ate on hand (m your agency's account or is Your sganey's possession) at the beginning of the
reporting period iurh ling !meter. Do not include fiords that have been Forfeited but have cwt yet
ban reetovedby yaw agency. '
S 49,235
B) Boding Balance:
Instructions. Total amount of forfeted fords that have been forfeited to your agency and at on
band (in your agency's 110001 or in your agcnoy'a possession) at the and of the reporting period
including interest Do not include funds that have been forfeited but have not yetbew received by $ 72,912
your agency-
]
IL SEIZURES DURING REPORTING PERIOD
A) Amount Seized By Employees of Your Aganry:
Inetruetiow. Include only those seizures which occurred during &a reporting period and where the - 0 -
seizury affidavit required by Article 59.03 is swam to by a pare otbeer employed by your agency. S
Pam Dars 04042
rap h
h J d
B) Fmie3bue Petitions Failed For All Agencies You Represent
Lastruedon t: HaerrdmtoLlamoontafecmdfimdaforwhiehfor &.iturapedtions were filedduang 119,004
the reporting period. C rbic abould be a ow may amour; for e xample 51,000). S
C) P:opary
Iaatracdons: List the number of items seized for the following Categories:
Please Note:tbesc
MOTORVEHICLES
RML PROPERTY
COb1PU=S
FIREARMS( Include
OTM3R
should be a au nba , not
PwJude ears,
(Count each posted
Include computer
only f ==s seized
(Include
a currency amount For
motortyrdcs, trader
seized as ona item)
and attsehed system
for fm*it uo under
deseaption)
ezamplc 4 pending. 3
trailers, edr.)
epmponents, such u
Chpt 59. Do not
seized. 12 new
printers and monitors
include weapons
petitions, do....
as one item)
disposed of under
Cbpt.18)
Seized by your agency
0
0
0
0
0
during gutting period
New petitions Sled for
7
0
1
8
1 seal phone,
1 scale, l safe,
,
all agencies du>dng
g paied
2 surveillance!
Forfeited to your
0
0
0
0
0
icy timing zoportin
period-
amera bag,
ystems
rV. FORFEITED FUMS REC.It M DDRING REPORTING PEMOD
I
AnwaW Forfeitedto and RaodvedbyRepmting Agency O ncl udinglntetat )DUsiagRepmttingPcod:
Idatrnedom: Do aodooludo amounts farfaited but mot yet neoeived by yore agew , interest raft to 35,774
The amount named minor to f abbe and dirtnh ted as part of the judgment of farfe3tum S
V. LACK OF LOCAL AGREEMENT:
Amount deposited to State Treasury to the Credit of the Gonad Revenue Fund Due to Lack of Local
- 0 -
Agreement (Art 59.06 (a)): :
VL FORFEITED PROPERTY RRCPI 'M FROM ANOTHER. AGENCY
Instruction= Enter the total number of items transfeeod to yme agency whero the forfrdtur>e judgment
awarded ovenetabip of the Property to Read= egmey prior 10 1h hander.
A)
Mona VeWdm (the cumber ofvdmidee, not a ==Voq eminent):
0
B)
Real Proparty (the number of eepar sto parcels of ptaperty, not a munccy amount):
0
C)
Computers (to number of oomputas, not a cwrovwY aasotmt):
0
D)
Pirewms (the aimober of fremms, not a murcuoy amoua):
0
E)
Other (the number of'items, not a cuaaacy amount):
0
VM FORFEITED PROPERTY T1tANSF ERRED OR LOANED TO ANOTHER AGENCY
Iostrvadatts: Eota the total number d itrana tansfatred or loomed 5rom your agency wbete the forfeieoe
judgment awaded owzscodip of the property to ymar ageaay poor to the t
A) Motor Vebiclea (Iba number of vaWdes, not a currency amount): I 0
!am Daze 04=12
hp2
i
s
r
B) heal Property (Ste pumber of separate parcda of Property, not a ourteaey amount:
C) Computers (the cumber of cwvuters, not a om=cy amount): 0 s
D) Firemen ( the number of fireamn, not a eurfamW amount): 0
E1 O ( ==her of ite not a eurrC am ouo t ):
ML ] $NDITURBB
instructions: Thu category is for Chapter 59 expenditures SOLELY for low
enforcement purposes or for the 9111dal purpose of your office - cot for
expenditures aside pursuant to your general budVL List the toW amount
expended for each of the following categoric. If P--& are expended for a
category not listed, ahte the amount anduatum of tba expraditure under the Other
catettoty.
--''
S Ar.ARM
1.
bereave of sway, Hxpmse, car Allowance for Smplayec (Salary Supplements):
S
2.
Way Budgeted Solely From Forfeited Funds:
S 9,798
3.
Number of Employes Paid Using Farfeitt m Funds:
1
TOTAL SALA M PAID OUT OF CHAPTER 59 FUNDS:
g 9,798
g)
OVERT11"
1.
For Employees Budgeted by Oovemiog Body:
S
2.
For lImployec Budgeted Solely out of ForWturo Puods:
S
3.
Nwnba of Bmploytus Paid U&g Forfaibae Funds:
TOTAL OVERT IM PAID OUT OF CHAPTER 59 FUNDS:
S -0-
C)
LrQUIPbfBNT
1.
Vehicles:
S
2.
Computers:
s
3.
Fumme, Vesta, Penal Equipment
S
4.
Fumitum:
S
5.
Software:
S
6.
Mairrteoemoe Cosh:
S
7.
Uniforms:
S
S.
K9 Related Coate:
S
P.
Other (Provide Dehil on Additional Shea):
$
TOTAL EQM?h=T PUPXBASRD WITS CHAPTER 59 FUNDS:
- O-
S
F. awD OWD
I ufnrmzd costs:
2. Buy )A—r-
3. IAb EXPCuICI:
4. Other MwAdc Detail can Ad&d0W Sheet) :
tap 4
SUPPLIES
1. Office Supplies:
2. Cellular Air me:
4. Other ( Pre" Detail On Additional Sbect)
TOTAL SMLM PURCHAPURCHASED WITH CHAPTER 59 FUNDS.'
TRAWL
1. In State Travel
93
b) Mealt & Lodging:
C) Mileage:
d) � Cdaftl EVeme (Any other travel expense Do t included an a, b, at c above);
3
Total in State Travel
2. Out of State Travel
a) Tzauqmtwou:
b) Mesh & Lodging:
s
a) Mlgge:
d) bwid=tLI Expmo (Any : 0t &h gff : rt : raV �el axq � Cwc no t �j includ do a, b, or a above):
S
Total Out of SUM Travel
TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS'
S. 93
F) TRAVaNG
I. Fees (CMW-C^ Semium):
2. b1stmiall (Hwk% CDs, Videos, etc•):
3. Other (Provide D.W1 on Additiomal Sheets
TOTAL TRAIMG PAID OUT OF CHAP= 59 FUN
3 -0-
IMESMATIVI COSTS
I ufnrmzd costs:
2. Buy )A—r-
3. IAb EXPCuICI:
4. Other MwAdc Detail can Ad&d0W Sheet) :
tap 4
1. Cowtcosts:,
S
2. Filing Fees:
s
hmsumm:
' S
4. vrtods Few:
S
5. AU& Costs and Fed:
5 2,947
6. 06, (Provids Dctq.1'.ON Additional t3>uet):
TOTAI.MISCELLANEOUS "M PAID OUT OF CHAPTEA59 FUNDS:
5 2,947
I,) TOTAL PAID OUT OF.CHAPTZR 59 FUNDS (provide detailed
ddeeiptlonli on ndditfonei s6eet(s) and attaeb to this report):
i S 12,838
M) TOTAL EXPMOITURES
Fop S
F. Don 04MY12 .
V N
L /
/a) L
7v
TOTAL INVItS IGATIVB COSTS PAID OUT OF CHAPTER 59 FUNDS:
- 0 -
i
IO
TOTAL PREVENTIO PROGRAMS.iFINANCL"
NfMATMENT
ASSISTANCE
moot Programs (PUrsuant to 59.06 (h), (1), ON
I.
Total Prevestioufl)m
2.
Total Finait" Asdpince (P Ant to Aftioles 59.06 (n) and (o)):
i
TOTAL PREVENI'IONrmEATMENT PROGRAMSIFINANCIAL
ASSISTANCE (punuant'to Artida S9.06 (h), (I)
n
FACUM COSTS
1.
Building Purchase:
5
2.
Lent Pgment r.
$
3.
Rranodeling:
5
4.
hdaiotc=ce Costs:
5
•
S
S.
Unfit=
6.
Other (Pmvido Detail oo A idido1w Sheet):
S
TOTAL FACIUTY COSTS PAID OUT OF CHAPTER S9 FUNDS.
5 -o-
I)
MiSCELLANE0US FEES
1. Cowtcosts:,
S
2. Filing Fees:
s
hmsumm:
' S
4. vrtods Few:
S
5. AU& Costs and Fed:
5 2,947
6. 06, (Provids Dctq.1'.ON Additional t3>uet):
TOTAI.MISCELLANEOUS "M PAID OUT OF CHAPTEA59 FUNDS:
5 2,947
I,) TOTAL PAID OUT OF.CHAPTZR 59 FUNDS (provide detailed
ddeeiptlonli on ndditfonei s6eet(s) and attaeb to this report):
i S 12,838
M) TOTAL EXPMOITURES
Fop S
F. Don 04MY12 .
V N
L /
/a) L
7v
BOTH THE COMMISSIONERS COURT-AND ATTORNEY REPRESENTING THE STATE
CERTIFICATIONS MUST BE COMPLETED
NOTE: ART. 59.06(8)(1) requires tho' Commissioners Court to perform the audit.
CERTIFICATION
I swear or affirm that the Commissioners Court has conducted the audit required by Article 59.06 of the Code of Criminal
Procedure, unless after due inquiry, it has boar detormiued that no accounts, AhAs or other property pursuant to Chapter
59 of the Code of Criminal Procedure are being bold or have been transacted in the relevant fiscal year by the agency
for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting
materials, -I believe:that this asset forfeiture report is true and correct and contauoa all of the required information.
COUNTY JUDGE (Printed Name): Peter u ,ge
SIGNATURE:
COUNTY:
DATE:
CERTIFICATION
I swear or affirm, under penalty, of.perjury, that I have- accounted for the seizure, forfeiture, receipt, and specific
expenditure of all-proceeds and property subj eat to Chapter 59 of the Code of Criminal Procedure, and that upon diligent
inspection ofallrelevant documents and supporting materials, lbelieve that this asset forfeiture report is true and correct
and contains all information required under Article 59.06 of the Code of Criminal Procedure. I further swear or affirm
that all expenditures reported herein wdre lawful and proper,. and were made in accordance with Texas law.
ATTORNEY REPRESENTING THE
STATE (Elected official) (Printed
Name):
SIGNATURE:
William'Turner, Brazos County District. Attorney
DATE:
RETURN COMPLETED FORM TO:
Office of the Attorney General'
Criminal Prosecutions Division
P.O. Box 12548
Austin, TX 78711 -2548
Attn: Kent Richardson
(512)936 -1348
WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL
THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE
ADDRESS ABOVE.
ramnwowrni
F,'
ham 45
•
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR
NO. 11/12 53.1
On this the 30th day of October 2012 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 30th day of October 2012 the Court heard and approved a budget amendment
for the 2011 -2012 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 20 September 2011, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 30th day of October 2012.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/12 - 53.1
1 mmn/2n12
FUND
0100
DIV
11000500
ACCT
72070000
PR OJ
DRlCR
CR
ACCOUNT NAME
Attorney
Increase
Decrease
20.00
0100
31000100
65350000
DR
Gasoline
20.00
Non - Deoartmental and Juvenile Services I I 1
of funds to cover gasoline for the remainder of FY 12.
�PieparedBy,,f<
V7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR
NO. 12/13 5.1- 5.9
On this the 30th day of October 2012 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 30th day of October 2012 the Court heard and approved a budget amendment
for the 2012 -2013 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 18 September 2012, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 30th day of October 2012.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: 0�, A' C-
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
l,l 70 r�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12/13 - 5.1
Ant Ainn4
FUND
0100
DIV
11001500
ACCT
61130000
PROJ
DR/CR
CR
ACCOUNT NAME
General fund contingency
Increase
Decrease
15,300.00
0100
91110000
DR
Transfer to General Capital Im rovement
15,300.00
4500
49028000
CR
Transfer from General Fund
15,300.00
4500
63000500
67287000
DR
Equipment - Radios
15,300.00
General Fund Contingency & Capital Improvement
Reallocation of funds to purchase 12 hand -held radios for Baliffs within the Courthouse, Courthouse Security, and the Jail.
n - - -
Date:
Dafue `,' '0/2212012
;County Judge.Ap.proal
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 5.2
Anil) nMnA7
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11000500
51820000
CR
Merit Pay
35,097.00
0100
28000100
51610000
DR
Hourly - Staff
10,899.00
0100
28000100
51615000
DR
Hourly - Law Enforcement
17,788.00
0100
28000100
53100000
DR
Social Security
2,195.00
0100
28000100
L
53200000
DR
Retirement
3,744.00
0100
28000100
53800000
DR
Worker's Comp
385.00
0100
28000100
53900000
DR
Unemployment Insurance
86.00
Non - Departmental and Sheriff Administration
Reallocation of funds to cover merit award for personnel.
Department_Approval
a.. ...... _...... _..Date
1Prepared By: nnm
Date: 10124/2012; ; . . ,. ._.... .... _.. _.
-.. O.
M t
_- _...� - -- - -- • - - -- � ..
.. -_._. ._....._ -.._ ._.._ _•. -ate':
F,v-o--
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12/13 - 6.3
10!-30!2012
FUND DIV — ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease
0100 28000100 51615000 CR Hourly - Law Enforcement 5,492.00 51492.00
0100 28000100 51440000 DR Salary Law Enforcement
Sheriff Administration
Reallocation of funds due to the reclassification of positions that were approved during Commissioner's Court on October 16, 2012, item
number 11.
T
- 7:7 -
nnn
a
Vo 1 7 p,"', �1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 5.4
,niznvin
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11000500
51820000
CR
Merit P2y
3,442.00
0100
22000100
51610000
"Date: ;?` `�''•
DR
Hourly - Staff
2,834.00
0100
22000100
53100000
DR
Social Security
217.00
1
2
0100
22000100
53200000
... ..... _ .....
DR
Retirement
372.00
0100
22000100
53800000
DR
Worker's Comp
11.00
0100
22000100
53900000
DR
Unemployment Insurance
8.00
Non - Departmental and 85th District Court '
Reallocation of funds to cover merit award for personnel.
F
i
'aitnien_# 'royal
"Date: ;?` `�''•
-
Preparedl'13y:
..,Y'...5.:..
` nnrni
Date_
1
2
... ..... _ .....
_ �, :10/24120
F
i
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 5.5
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11000500
51820000
CR
Merit Pay
1,633.00
0100
24101100
51610000
DR
Hourly - Staff
045.00
0100
24101100
53100000
DR
Social Security
103.00
0100
24101100
53200000
DR
Retirement
176.00
0100
24101100
53800000
DR
Worker's Comp
5.00
0100
24101100
53900000
DR 'Unemployment
Insurance
4.00
Non-Departmental and Justice of the Peace,
Pct #1
Reallocation of funds to cover merit award for personnel.
FD` "artment "A royal.=
P_P.__._.._. __..:�:..__._, ....,.. _.... .._...y
,..._:,
_
%i:. is ' 1•.
:County - _Judge:
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12/13 - 5.6
4n /9A /Hn4H
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
2200
51000100
51820000
CR
Merit Pa
2,517.00
2200
51000100
51615000
_
DR
Hourly Law Enforcement
2,048.00
::;_: _
2200
51000100
53100000
DR
Social Security
157.00
2200
51000100
53200000
` . _:._ .:D te'
DR
Retirement
268.00
2200
51000100
53800000
DR
Worker's Comp
38.00
2200
51000100
53900000
DR
Unemployment Insurance
6.00
Courthouse Security Fund
Reallocation of funds to cover merit award for personnel.
a
pg 035«
rove/
Date..
• 10/24'/20,12!
_
,..... r;
-• - ..__ ---
::;_: _
LCourity . 44d'* eApptoval{ �.____......_,._ ._._:..
` . _:._ .:D te'
a
pg 035«
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12/13 - 5.7
4mmnroniq
FUND
DIV
ACCT
PROJ
DRICRI
ACCOUNT NAME
Increase
Decrease
0100
11000500
51820000
CR
Merit Pay
73,322.00
0100
28002000
51440000
DR
Salary Law Enforcement
5,825.00
0100
28002000
51610000
DR
Hourly - Staff
7,090.00
0100
28002000
51615000
DR
Hourly Law Enforcement
46,741.00
0100
28002000
53100000
DR
Social Security
4,564.00
0100
28002000
53200000
DR
Retirement
7,785.00
0100
28002000
53800000
DR
Worker's Comp
1,138.00
0100
28002000
53900000
DR
Unemployment Insurance
179.00
Non - Departmental and SO - Jail
Reallocation of funds to cover merit award for personnel.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 5.8
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11000500
51820000
CR
Merit Pay
4,072.00
0100
36000100
51610000
DR
Hourly - Staff
3,353.00
0100
36000100
53100000
DR
Social Security
257.00
0100
36000100
53200000
DR
Retirement
439.00
0100
36000100
53800000
DR
Worker's COMP
13.00
0100
36000100
53900000
DR
Unemployment Insurance
10.00
Non-Departmental Expo
Reallocation of funds to cover merit award for personnel.
�Prepared� �;�� ���`�'` � •,nnrr?,
Date: ° 10 4/2012:
':De artineritA cova'i" Dates
ountyJudge;AP!?Q..._
i� r• y
J/ u , •C 7`�
BRAZOS COUNTY, TEXAS,
BUDGET AMENDMENTS
No. 12113 - 5.9
nrnn»n12
FUND
3400
3400
3400
3400
3400
3400
DIV
19200100
19200100
19200100
19200100
19200100
I9200100
ACCT
61130000
61210000
51620000
53100000
53200000
53800000
PROJ
DR/CR
CR
CR
DR
DR
DR
DR
v v � ACCOUNT NAME
Conting
Hourly - Staff
Hourly - Overtime
Social Security
Retirement
Worker's Comp
Increase
2,500.00
192.00
327.00
10.00
Decrease
2,094.00
935.00
D.A. Crime Fund
Reallocation of funds to cover overtime hours for an em loyee to scan 8 plus years of disposed hot check cases and disposed appellate cases.
_ _ •:� . ; :. = Date:
rD epa rtrnent,Approvaf
Pcepared'By: hn
iDAW
`Cou nty;J udge; Approval . _ . _. _ _. _ti. _ �.... _, .._ . :�?te. __._ . _ -_. __....: ..•
i
PERSONNEL
CHANGE OF STATUS'REQUESTS
Commissioner Court Date: October 30, 2012
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Requests) Applies To
Constable'Pct. 4 Licon, Victor Transfer From
Another Dept,
County Attorney
Anderson, Rodney
Baughman, Kaisha
Other
Add Supplement
Road & Bridge.
Barnett, Addison
New Hire
S.O. Admin
Williams, Wanda
Budget Change
S.O. Jail
Patel, Aashiyana
Resignation
Approved Commissioners' 1
County-Judge's or Commissioner's. Signature:
(This Copy to, be attached, to minutesp
6
F
Additional Renewal Assumutions
Commissions
TPA
Managed Care Network
Rate Guarantee
No Change
BCBS
BCBS
*Assumes no material changes to the
contract.
Lasers No lasers for 1/11/2012 or at 11/1/2013
renewal
Contract Periods * *'There will be two separate, annual
accumulation periods for the specific
deductible and annual aggregate
attachment. The 2013 monthly attachment
factor will be calculated based on the
actual experience through August 2013.
Retirees Yes. All retirees covered. Quote assumes
retirees over 65 are Medicare primary.
Offer Valid Date October 31, 2012
In order for ING Employee Benefits to process this renewal in a timely manner, please
check the appropriate acceptance box on the preceding page, sign below and return the
completed form to me prior to the "Offer Valid Date ". A broker's or consultant's
signature is satisfactory if there are no changes to the current plan.
This form only acknowledges acceptance of the renewal rates and factors.
Amendments may need to be signed by the policyholder for any changes to the
current contract and will be sent after acceptance of the renewal.
o /32//A
Authorized Signature Date
Dua� �.rs u J I 10-1/1P
Print Name Title
�r t
1,70 �s
Brazos County
Proposed EfterW Dots 1MA2
Single 520
Rellastar Life Insurance Rellastar LBe Insurance
$825.70
Company
Company
$825.70
Monthly Attachment Factor
Renewal (1yr rate
$672,945.50
Current
guarantee)
SPECIFIC RETENTION
$75,000.00
$75,000.00
Aggiregadrig Specllle
$80,000.00
$60,000.00
Contract
Paid
Paid
Coverages
Medlcal/RX
Medicai/RX
Policy Period Maximum Reimbursement
$1,250,000
$2,000,000
Maximum Lifetime Reimbursement
Unlimited
Unlimited
Specific Rates
Fixed Expenses
$999,342.60
Single 520
$61.17
$67.29
Family 295
$188.85
$183.54
Monthly Premium
$81,029.15
$89,135.10
Annual Premium
$972,349.80
$1,069,621.20
AGGREGATE RETENTION
Contract
Paid
Paid
Coverages
Medical/RX
MedicsYRX
Maximum Annual Reimbursement
$1,000,000
$1,000,000
Factors
Single 520
$718.00
$825.70
Family 295
$718.00
$825.70
Monthly Attachment Factor
$585,170.00
$672,945.50
Annual Attachment Factor
$7,022,040.00
$8,075,348.00
Minimum Annual AOachmem
$8.884,044.10
Rate - Composite
$2.76
$2.76
Monthly Premium
$2,249.40
$2,249.40
Annual Premium
$28,992.80
$26,992.80
Total Monthly Fixed Costs
$83,278.88
$81,384.80
ANNUAL PLAN FUNDING
Fixed Expenses
$999,342.60
$1,096,814.00
Expected Claims
$5,617,632.00
$6,460,276.80
EXPECTED PLAN COSTS
$8,816,874.60
$7,888,890.80
MAXIMUM PLAN COSTS =8,021,582.80 ;8,171,880.00
Proposed tams Include all applicable premium, commissions and uMerwdtlna fees.
•Please relief to your current policy for the minimum aggregate stsament poim
NOTE: There will be two separate, annual accumulation periods for to spealgo deductible
and annual aggregate attachment. The 2013 momhty attachment factor will be calculated
based on the actual erperlence through August 2013.
Stopfose Insurance Services recelvea underwriting and mmtepamera fats (compensation)
as a result of placement and servkthg of this business or Insurance pcllyr, that may Include,
but are not 111.. to: overrides, contingent aompensallon. ocnsuiting fen and ot various
forms of renmuneration.
PDFConvert.51 g5.1.arozos_County -revAn
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