HomeMy WebLinkAbout2014-03-25-10:00AM-REGULAR MEETINGr
i
BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY VVILL MEET IN
REGULAR SESSION ON MARCH 25, 2014 AT 10:00 AM 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
Commissioner Wassermann.
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 15:
3 Proclamation 14.016 declaring April 29 2014 as "Caroline and Tom McDonald Day"
4, Proclamation 14-017 declaring February through April as 2014 Arbor Day Season Celebration.
5, Request from the Sherltrs Office for out -of -state travel for Jail Administrator Wayne Dicky to attend
6 Consider and take action on application for tax refund of erroneous payments on Property ID
#8576073.
] Approval of collateral and federal documents with JP Morgan Chase
g Approval to cancel bid 2014 -42 Motor Grader Blades and Permission to readvertiss as 2014-51 Motor
Grader Blades.
g. Renewal of bid 2014 -SOR MovAnq of County Rf htvf -Wa s with Wel mann Enterprises.
10. Request for approval of lodging expense of $120 per night for two (2) nights for Megan Lott and
11, Consider and take action on utility Pennh to construct road bore under Greens Prairie Road Pro ect
Vol. 200 Pg. /..
will provide sanitary sewer service to new subdivision. Site is located In Precinct 1.
12. Tax Refund Applications for the following
• a. Jim E. & Elizabeth A. Batson- overpayment - 510.85
• b. Jim Batson- overpayment428.23
• c. Timothy Chu rchoverpayment- 518.00
• d. Earl A. Wumbach- overpayment - $100.00
• e. Michael & Deborah Moon- overoavment410.35
• f. Aaron & Ruby Lewis- overpavment427.32
13. Budget Amendments.
Budget Amendments FY 13/14 24.1 thru 24,4
14. Personnel Change of Status.
Personnel Action Form$
15. Payment of Claims.
16, Acknowledoement of the City of Bryan and Brazos County Economic Development Foundation Inc.
Financial Report as of September 30, 2013.
17. Sheriffs report on inmate population.
18. Announcement of interest items and possible future agenda topics.
19. Call for Citizen input and/or concerns.
20. 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 else possesses the power to issue a
Contempt of Court Citation under Section 81.024 at the Texas Loral Government Code, Accordingly, members of the public in
attendance at any Regular, Special and/or Emergency meeting of the Court shag 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 pudic 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
end /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 end /or
integrity of the CourL 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 mrial, ethnic or gender stun or epithets will rot be tolerated. Violation of these rules may result in the following
sanctions.
1. cancellation of a speakers 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 property 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 Commissioner Court. However,
responses from the County Judge w Commissioner to unlisted public comment topics could become deliberation on a matter
without nobce to the public. To ensure the public has notes of all matter the Commissioner Court wig 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 Taxes Open Meetings Act 7
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shat 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 or the Court.
The Commissioners Courtroom of can County Administration Building, 200 South Texas Ave., Suite 108, Bryan, TX 77803 is
wheelchair accessible. Handicap perking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 381 -4102.
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^ N
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
March 25, 2014
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
d File Stamped Agenda.pdf
U 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, March 2, 2014 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.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann.
2. Call for Citizen input and /or concerns.
U Item 2- Pictures submitted.0
U Item 2- letter submitted.0
The following spoke on the issue of chemical mowing, their objections to it and
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requesting its cessation:
Charles Mancuso - Also voiced additional concerns about air quality, people burning
trash, shooting firearms, and brick mailboxes.
William Kuykendall - was concerned about erosion and loss of wild flowers.
D. J. Hohertz - Thanked Commissioner Catalena for always returning her calls. She
said she had been maintaining her ditch and trimming her trees for over twenty (20)
years. She submitted pictures of the affects on her trees. She asked that the County
issue an apology to the residents of the affected areas.
Nancy Yung - Submitted before and after photos of the affected areas. She said she
looked at a chemical spray and it says specifically not to use in the bar ditches. She
contacted the Co -op and was told not to even try planting this year because it will
continue to kill plant life.
The County Judge announced it will be on the agenda very soon for a vote on whether
to continue the contract or not. He then thanked everyone for their comments.
Consider and take action on agenda items 3 -15:
3. Proclamation 14 -016 declaring April 29, 2014 as "Caroline and Tom McDonald Day ".
'L Item 3.gdf
The Court joins with the mayors of the Cities of Bryan and College Station in affirming
that the quality of life in the Bryan - College Station community has been enriched by
Caroline and Tom McDonald and they have been the example for others in giving their
time, their talents and their financial resources and to proclaim April 29, 2014 as
"Caroline and Tom McDonald Day" throughout Brazos County.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters , Wassermann .
4. Proclamation 14 -017 declaring February through April as 2014 Arbor Day Season
Celebration.
C Item 4.odf
The Court approved a Proclamation designating the last Friday in April as "Arbor
Day ". The Court joins with the Mayors of the Cities of Bryan and College Station urge all
citizens to celebrate Arbor Day and to support efforts to plant, care for and protect our
trees during this time and throughout the year. Also urging all citizens to plant trees to
gladden the heart and promote the well being of this and future generations.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
5. Request from the Sheriffs Office for out -of -state travel for Jail Administrator Wayne
Dicky to attend the Large Jail Network at the National Institute of Corrections in Aurora,
Colorado; dates of travel are March 24 -25, 2014.
M Item 5.odf
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Vol. 200 Pg. %Z7
Wassermann.
6. Consider and take action on application for tax refund of erroneous payments on
Property ID #8876073.
E Item 6.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard , Peters , Wassermann .
7. Approval of collateral and federal documents with JP Morgan Chase.
L Item Todf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters,
Wassermann.
8. Approval to cancel bid 2014 -42 Motor Grader Blades and permission to readvertise as
2014 -51 Motor Grader Blades.
L Item 8.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard , Peters , Wassermann .
9. Renewal of bid 2014 -50R Mowing of County Right -of -Ways with Wellmann Enterprises.
G Item 9.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 .
10. Request for approval of lodging expense of $120 per night for two (2) nights for Megan
Lott and Kimberlyn Hinton from Road & Bridge to attend continuing education
classes in Austin, Texas from April 1 -3, 2014; there is no host hotel.
C Item 10.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters. Wassermann.
11. Consider and take action on utility permit to construct road bore under Greens Prairie
Road. Project will provide sanitary sewer service to new subdivision. Site is located in
Precinct 1.
L', Item 11.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard , Peters , Wassermann .
12. Tax Refund Applications for the following:
E Item 12.pdf
• a. Jim E. & Elizabeth A. Batson - overpayment - $10.85
• b. Jim Batson - overpayment - $28.23
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• c. Timothy Church - overpayment - $18.00
• d. Earl A. Wurzbach- overpayment - $100.00
• e. Michael & Deborah Moon - overpayment - $10.35
• f. Aaron & Ruby Lewis - overpayment - $27.32
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters, Wassermann .
13. Budget Amendments.
Budget Amendments FY 13/14 24.1 thru 24.4
U Item 13.odf
24.1 Transfer funds from 361 st Court to Building Maintenance
24.2 Reallocate funds for IT Services
24.3 Modify LEOSE budget to reflect funding received from the State
24.4 Transfer funds from General Fund Contingency to County Drug Court Program.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
14. Personnel Change of Status.
Personnel Action Forms
V- Item 14.odf
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters, Wassermann .
15. Payment of Claims.
L Claims Sheet.odf
BILL LIST 03.25.14.odf
7119707 throught 7119946
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters, Wassermann .
16. Acknowledgement of the City of Bryan and Brazos County Economic Development
Foundation, Inc. Financial Report as of September 30, 2013.
E Item 16.odf
The Court acknowledged receipt of the City of Bryan and Brazos County Economic
Development Foundation, Inc. Financial Report as of September 30, 2013.
17. Sheriffs report on inmate population.
Chief Deputy Jim Stewart stated there were 591 inmates in jail, 37 have electronic
monitors and 11 are pending for monitors.
18. Announcement of interest items and possible future agenda topics.
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19. Call for Citizen input and /or concerns.
There was no citizen's input.
20. Adjourn.
Vol. 200 Pg. /36'
The foregoing minutes of the Commissioners Court meeting held March 25, 2014 have
been examined and are approved in open Court this J S�- day of
2014, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
SN6my Ca na
Commissiqfier, Precinct 2
Commissioner, Precinct
Attest:
Lloyd Wwsermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, Precinct 3
Karen McQueen Q, Fg -y�,�,
County Clerk � -(/ 0
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COMMISSIONERS COURT MEETING
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COMMISSIONERS COURT MEETING
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married in 1965. They were living and working in Austin, TX in 1967 when Tom was offered ajob by the late
Brooks Cofer as Assistant District Attorney for Brazos County and the McDonalds returned to Tom's
hometown; and
Since moving to the community, the couple has been quietly, professionally and enthusiastically participating in
volunteer community service. Caroline worked as an accountant for Texas A &M Research Foundation and
subsequently became a member of the Newcomers and the Oaks Garden Club, where she developed many
lasting friendships. Tom began a career in public service that spans more than two decades; and
v/ Cvai Caroline was one of the founders of the Girl's Club of Bryan. She has served on the St. Andrew's Episcopal
Church Vestry, Endowment Committee, and Episcopal Church Women. She is a member of the William Scott
Chapter of the Daughters of American Revolution. Caroline is a notable leader and has served as President for
many organizations including, the Brazos County Children's Foundation, The Woman's Club, Brazos Valley
Texas Exes Chapter, the Brazos Valley Pi Beta Phi Alumnae, and the Briarcrest Women's Golf Association. In
addition, Caroline has dedicated 28 years of service as a member of St. Joseph Hospital boards and is currently
a member of the St. Joseph Health System Board. She is a Charter Member of the Junior League and a loyal
supporter of Habitat for Humanity as a Circle of Women Member; and
v/11te Caroline has been recognized for her volunteer community service and leadership with the presentation of the
"Women of Distinction Award" by the Bluebonnet Girl Scout Council and "You Are Tops" by the Prenatal
Clinic. A breast cancer survivor, she has also been the featured speaker of St. Joseph's Cancer Center's
nn,,�� "Surviving and Thriving" Luncheon; and
v/M: Tom is also a dedicated volunteer in our community. As a young lawyer, he was involved in the founding and
incorporation of many community organizations that were the genesis of larger successful ones such as: the
Bryan Boys Club, now the Boys and Girls Club of the Brazos Valley; the Environmental Action Council, now
Keep Brazos Beautiful; Downtown Now, a forerunner of the Downtown Bryan Association; and others such as
the Brazos Valley MHMR Junction 505, and the Brazos Valley Rehabilitation Center; and
his religious and civic service include: Director of Special Projects and Landscaping at St. Andrew's Episcopal
Church; author of various historical, legal, and public interest articles and CDs; Past Board Member, Downtown
Bryan Association; "Save the Queen Theatre" initiative; Member, Past President, and Current Board Member
Brazos Valley Groundwater Conservation District; Past President, Brazos County Bar Association; Chairman
and Officer of various State Bar of Texas Committees and Sections; and Member of the Executive Committee
of the Brazos Heritage Society; and
6A6VO: Tom has held many titles over his long career in public service including County and District Attorney of
Brazos County, District Judge of the 85t' District Court, and currently is a Senior District Judge of Texas and a
Mediator /Arbitrator. Tom has also been recognized for his service with various awards including: the National
Medal of Honor Patriotism Award by the Daughters of the American Revolution, a Presidential Citation by the
State Bar of Texas, the Humanitarian of the Year Award by the Sons of Hermann, and many more too
numerous to list here.
over their 48 year marriage, Caroline and Tom have remained best friends and enjoy gardening, the great
outdoors, and collaborating on a host of community service projects. They were recognized for their community
service in 2008, when they were named Outstanding Citizens of the Year by the Bryan- College Station
Chamber of Commerce; and
v/iAd: Caroline and Tom have many accomplishments to be proud of, but they are most proud of their family. They
have 2 sons: Scott, who lives and works in Brazos County and Don, who lives in the Texas Hill Country with
Amanda and 4 '% year old, Hunter.
9�a Mom —0,- Jason P. Bienski, as Mayor of the City of Bryan, Texas, and 1, Nancy Berry, Mayor of College Station,
Texas, and I Duane Peters, Brazos County Judge, affirm that the quality of life in the Bryan - College Station
community has been enriched by Caroline and Tom McDonald and they have been the example for others in
giving their time, their talents, and their financial resources, and in as much we proclaim this day, April 20,
2014 as: �c%' PP��
it*' -___YA 20oy g$a
Cj%" Arbor Day was first celebrated in Nebraska in 1872; and
J Temple, Texas first proposed an Arbor Day resolution in 1889, resulting in the state
enacting a law designating the last Friday in April as Texas Arbor Day; and
- Arbor Day is now observed across the nation and around the world; and
t7 trees reduce the erosion of our precious topsoil by wind and water, by reducing heating
and cooling costs; moderate temperatures, clean the air, produce oxygen, provide habitat
for wildlife; and
trees are a renewal resource, giving us wood for our homes, fuel for our fires, paper and
countless other wood products. Additionally, trees enhance property values and
economic vitality, and beautify our community; and
Keep Brazos Beautiful in partnership with Brazos County and the City of College Station
and Bryan Parks and Recreation Departments will continue to plant trees donated through
the Keep.Brazos Beautiful Memorial Trees Program to -honor and memorialize special
loved ones., In addition, nearly 100 trees will be donated to local schools, parks, Aggie
Replant, Habitat for`HumanIity and other civic organizations as part of KBB's Tree
Beautification effort; and
GrrM, the A &M Garden Club and other Brazos County gardening groups encourage our
community to plant trees.
I, Jason Bienski,,as the Mayor of the City of Bryan; and I, Nancy Berry, as Mayor of the
City of College Station,'and I, Duane Peters, as Brazos County Judge, do hereby proclaim
February through April as:
in our communities, and urge all citizens to celebrate Arbor Day and to support efforts to
plant, care for; and protect our trees during this time and throughout the year. Further, we
urge all- citizens'to plant trees to gladden the heart and promote the well -being of this and
future generations
CITY OF BRYAN CITY OF COLLEGE STATION C TY
Jason Bienski, Mayor Nancy B ry, Mayor AA UDne eters, County Judge
olm" Wa4naow R5Kd�ppg/A 20/ --Ir
Vol. 200 Pg.
Application
Refund of Overpayments
or Erroneous Payments
BRAZOS COUNTY TAX ASSESSORICOLLECTOR
Collection Oap Name
300 E WM J BRYAN PKWY
Melling Address
BRYAN, TX 77803
Property Tax
Form 50 -181
979 - 361 -4470
city. state, ZIP code Phone (area code and numbw)
Brazos County, Bryan ISD, Brazos Co. Emergency Services District #4
Collecting Tax For (taxing Waal
GENERAL INSTRUCTIONS: Tble application Is for use In requesting a tax refund pursuant to Tax Code Section 31.11 and Comptroller Rule 9.3039.
The refund check will be made payable to the taxpayer and mailed to the taxpayer address provided below.
To apply for a tax refund, the taxpayer or representative must complete Steps 1 through 4.
Margaret B. Touchstone (Estate) c/o Candy McHalffey
Taxpayers Name
39 Wingspan Dr
Melling Address
Spring, TX 77381
CRY, state, ZIP Code
Richard Lee Williams, Jr.
Property Owner's Name
_ 936- 524 -7748
Phone (area code and number)
Lease 021382 JB #1, Northfield Enterprises, R1.00486100, Abner Lee _
Legal Deepptbn (or search copy of Me six bill or tax reci
Mineral Interest, Brazos County
Address or Location of Property
8876073 OR
Account Number of Property Tax Receipt Number
Yea,„rr for j�jDate
"�' �t4rr
Amoum
ounC
Reluntl�n
Neme,W,Texing VAil Whic Refunb col Ule
.t A. �r
of
<,.. Taxes
;PTax
Re9uested �Yn.t
axi FmmjWcn.RefunU.ISRgquIITeA,+, a IsR,gyeletl,. Td' w.p-
e. Paid
- 4::�t
Brazos • 1
Brazos 2.
3. Brazos County
taxpayer's Reason for Refund (attach supporting cocumentafmn)
Account assessed to Margaret B. Touchstone in error for tax years 2011, 2012 and 2013. Appraisal Review Board
approved ownership correction under Sec. 25.25C of the Property Tax Code, February 2014. Requesting refund of
payments made in error on property not owned by payee.
The Property Tax Assistance Division at the Texas Comptroller of Public Accounts provides property tax
information and resources for taxpayers, local taxing entities, appraisal districts and appraisal review boards.
Vol. 200 Pg. /J(0
For more information, visit our website:
www. window .state.tx.us /taxinfo/proptax
50.191 •05 -13x6
e
rg. .'',`�""„'9, °' any" "arn`r"a 4
11MM :.'rdy{s`M..
Ap_p,Itc3a� ion fo ",TAU undwof, 0y4 r�paymets* fErroneous- Paymon[s;
"I hereby apply for the refund of the above - described taxes and certify that the information I have given on this form is true and correct"
sign
here
Signature dlixpsyerAppseant Dale
It you make a false ahtanlmt on this form, you could be found guilty of a Class A misdemeanor or a state jail felony under Section
Code.
FOR COLLECTOR USE ONLY
This tax refuflCis, I VAppro qd,,' I Disapproved
sign
here
sign
here
Coeecior(s) of taxing UNt(c) for Refund Applications Over (Insert amount for which
governing body approval Is required under Section 31.11, Tax Code)
Page 1 • 50 INI - 05 -1216
Vol. 200 Pg. /3
Data
I=
CONTINUING DEPOSIT SECURITY AGREEMENT
THIS AGREEMENT is entered into as of this day of March, 2014, by and between
Brazos County. Texas ( "Customer "), and JPMorean Chase Bank. N.A. ("the Bank").
RECITALS
A. From time to time Customer, for investment and business purposes, may
make deposits of funds with the Bank; and
B. Although such deposits are generally eligible for Federal Deposit
Insurance Corporation ( "FDIC ") insurance coverage, such coverage is limited for the
funds of each Public Unit, as that term is defined herein.
C. In consideration of the deposits made by Customer with the Bank,
Customer and the Bank desire to enter this Agreement granting Customer a security
interest in certain Collateral hereinafter defined to afford Customer greater protection.
NOW, THEREFORE, in consideration of the Customer depositing its funds with
the Bank and as security for the repayment of those deposits, the parties agree as
follows:
1. OBLIGATIONS. The obligations subject to this Agreement, hereinafter
referred to as "Obligations ", are deposit liabilities of the Bank to the Customer
held in the accounts at the Bank in the following name: Brazos County, Texas.
2. GRANT OF SECURITY INTEREST - COLLATERAL. To secure the
Obligations described above, the Bank hereby grants to the Customer
security interest in and assigns and pledges eligible collateral of the type as
directed by the Customer to be permitted under Texas Government Code
Chapter 2257, Texas Local Government Code Chapter 116 or other
applicable law, hereinafter referred to as ( "Collateral "). The Bank represents
that its Board of Directors has passed a resolution authorizing and approving
the execution and delivery of contracts with the United States, individual
states, and any political subdivisions thereof ( "Public Units ") providing for the
deposit of public funds with the Bank and the pledge of collateral by the Bank
to the Public Unit and further authorizing and approving the execution and
delivery of all related contracts between the Public Units and the Bank,
including without limitation, assignments, pledge agreements and security
agreements; that such resolution is reflected in the minutes of the Bank's
Board of Directors; and that a copy of this Continuing Deposit Security
Agreement shall be maintained as an official record of the Bank.
3. LOCATION OF COLLATERAL. The Bank agrees to deliver and place the
Collateral with the Federal Reserve Bank, hereinafter referred to as "Trustee ",
Vol. 20-09eligO IJJ
for the benefit of the Customer as the secured party, and Customer consents
to the use of such Trustee. Customer shall deliver such documents as
Trustee may require for the provision of custodial services. Evidence of such
transaction will be delivered to the Customer after such transaction occurs.
4. BANK REPRESENTATIONS WARRANTIES AND PROMISES. The Bank
further represents, warrants and agrees:
a) The Bank has full power and authority to enter into this Agreement.
b) The Bank is the owner of the Collateral, or if the Bank is not the owner,
the owner has agreed to execute a Hypothecation Agreement granting
a security interest in the Collateral in consideration of the Customer's
deposits.
c) The Bank agrees that the total aggregate market value of the Collateral
pledged to the Customer, pursuant to this Agreement, shall be
maintained at the amount equal to or greater than 110% of the
Obligations of the Bank to the Customer which exceed the sum of the
FDIC insurance limitation ( "Collateral Ratio "). Customer shall notify
Bank of significant changes in the amount of Customer's deposits, at
which time Bank will pledge additional Collateral if an increase is
anticipated. Bank will voluntarily monitor the market value of pledged
Collateral on a daily basis and will make such additions to the Collateral
in the event the market value of the Collateral falls below the Collateral
Ratio.
d) If the Bank shall desire to sell or otherwise dispose of any one or more
of the securities constituting part of the Collateral deposited with the
Trustee, it may substitute for any one or more such securities other
securities of the same current par and of the character authorized
herein. Such right of substitution shall remain in full force and may be
exercised by the Bank as often as it is desired; provided, however, that
the aggregate market value of all Collateral pledged hereunder shall be
at least equal to the Collateral Ratio.
e) The Bank shall be entitled to income on securities held by the Trustee,
and the Trustee may dispose of such income as directed by the Bank
without approval of the Customer, provided an event of default does not
exist.
f) This Agreement will continuously, from the time of its execution, remain
part of the official records of the Bank.
g) At the option of the Customer and as agreed by Bank, Bank may
provide security for the funds deposited by the Customer by any method
listed by Texas Government Code Chapter 2257 or Texas Local
Government Code §116.051. Bank shall deliver, upon request, the
method for providing security for Customer deposits.
5. EVENTS OF BANK DEFAULT. The Bank shall be in default under this
Agreement upon the occurrence of any one or more of the following events or
conditions which continue to exist for a period of five (5) business days after
Vol. 209 5 >� /
Customer has served the Bank with a notice generally describing said
defaults:
a) Failure to comply with any of the requirements of Subparagraph 4
above or any other material provisions of this Agreement.
b) Non - payment of any of the Obligations when due, in contravention of
the agreements which govern the Obligations, or non - performance of
any material obligations made by the Bank in this Agreement.
c) Insolvency of the Bank as declared by the FDIC or other relevant
banking regulator.
d) The appointment of a receiver for any part of the Bank by the FDIC or
other relevant banking regulator.
6. RIGHT OF CUSTOMER UPON BANK'S DEFAULT. In the event of a default
by the Bank, in addition to all the rights and remedies provided in Article 9 of
the Uniform Commercial Code, Chapter 116 of the Texas Local Government
Code, and any other applicable law, the Customer may (but is under no
obligation to the Bank to do so) sell, assign and deliver the whole, or any part
of the Collateral or any substitutes thereof or additions thereto, in a
commercially reasonable manner and with right to purchase the Collateral at
any public sale. Out of the proceeds of any such sale Customer may deduct
its actual, direct damages and reasonable costs and expenses of sale
incurred as a result of Bank's default, accounting to Bank for the remainder, if
any, of such proceeds or collateral remaining unsold.
7. CUSTOMER REPRESENTATIONS WARRANTIES, AND PROMISES.
Customer further represents, warrants and agrees:
a) Customer has full power and authority to enter into this Agreement.
b) Customer will comply with the terms of any other agreements it may
have with the Bank which govern the Obligations.
In the event that Customer fails to comply with any of its promises herein, or
any of its representations is untrue or any of its warranties is breached, or if
any of the Obligations are subjected to service of process, including but not
exclusively, a writ of execution, then Bank may immediately terminate this
Agreement
8. LAW GOVERNING. This Agreement and the rights and obligations of the
parties hereunder, shall be construed and interpreted in accordance with the
laws of the State of Texas and applicable federal law.
9. TERMINATION OF THE AGREEMENT. Customer or the Bank may
terminate this Agreement by giving written notice of termination to the other
party which notice is effective when actually received by the other party. The
rights and liabilities of the parties under this Agreement survive any
termination of the Agreement until all Obligations have been satisfied in full.
10. NOTICES. All notices and other communications shall be sent to the
CUSTOMER:
Vol. 20R►gff5 / �U
BANK:
Name:
Brazos County, Texas
Address:
200 South Texas Ave., Ste, 332
City /State:
Bryan, Texas 77803
Attn:
County Judge, Duane Peters
Name:
Brazos County, Texas
Address:
200 South Texas Ave., Ste. 240
City /State:
Bryan, Texas 77803
Attn:
County Treasurer, Laura Davis
Name: JPMorgan Chase Bank, N.A.
Address: 1111 Polaris Parkway, Floor 1E
City /State: Columbus, Ohio 43240
Attn: National Collateral Management Group
11. ASSIGNS. This Agreement and all rights and liabilities hereunder and in and
to any and all Collateral shall inure to the benefit of Customer and the Bank
and their respective successors and assigns. No portion of this Agreement
may be assigned without the express written consent of the other party, and
any assignment must comply with all provisions of Paragraph 4c.
12. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which
taken together shall constitute one and the same instrument.
13. SEVERABILITY. In the event that any provision or clause of this Agreement
conflicts with applicable law, such conflict shall not affect other provisions of
this Agreement, which shall be given effect without the conflicting provision.
To this end the provisions of this Agreement are declared to be severable.
[Signature page follows]
Vol. 2fteplgf5 /c//
IN WITNESS WHEREOF the parties have signed this Agreement as of this day
and year first above written.
CUSTOMER:
Brazos County
BY:
Title
BANK:
JPMorgan Chase Bank, N.A.
BY:
Title
Vol. 2�g`PfS I`
Pledgee Agreement Form
To: Federal Reserve Bank of Boston Tel: 800- 327 -0147, #1
PO Box 55882 Fax: 877 -973 -8972
Boston, MA 02205
Attn: Joint Custody
Date: 3125/14
We, the Brazos County, TX agree to the terms of Appendix C of your Operating Circular 7,
dated August 19, 2005, as it may be amended from time to time with respect to the account on your books designated
. (4 digit alpha- numeric account number)
We further agree that you may accept par for par substitutions: securities from the Pledgor as a replacement of, or in
substitution for, those securities presently held (please check one):
Q NO (Instructions required for F] YES (Standing approval)
each withdrawal)
provided that the replacement or substitution does not reduce the aggregate par amount of securities held in custody for us.
(See Operating Circular 7, Appendix C, Section 4.3.)
We authorize you to use the following call -back procedure for securities transactions pertaining to this account (please
check one):
MThree -party call -back M Four -party call -back
We certify that the individuals listed below may take authoritative action on our behalf with respect to the account,
including a direction to release collateral from the account. You may rely on the authority of these individuals with respect to
the account until we otherwise notify you.
Telephone: (979) 361 -4359
Fax: (979) 361 -4188
Telephone: (979) 361 -4340
Fax: (979) 361 -4347
Telephone: (979) 361 -4101
Print Name: Katie Conner Title:
Signature: A* 4v_ Date: 3125114
Print Name: Laura Davis Title: County Treasurer
Signature; tti� n U Ly Date: 3/25/14
Print Name: Duane Peters
Fax: (979) 361 -4503 Signature:
REV 01/2006
Vol. 200 Pg. / 13
County Judge
Date: 3/25/14
Nleagee Agreement
(page 2 of 2)
Telephone: Print Name:
Fax: Signature: Date:
The Undersigned hereby certifies that he /she is the present lawful incumbent of the designated public office.
Pledgee
Brazos County, TX
Name of governmental unit
200 S Texas Ave Suite 218
Street Address or P.O Box Number
Bryan, TX 77803
City, State, Zip Code
Official Signature/ Date
Duane Peters / County Judge
Printed Name and Title
Notary
State of
County of
On this _ day of , 20_ before me personally appeared
to me personally known or satisfactorily proven, who by me duly sworn, did depose and say that
he /she resides at in the City of in the
State of that he /she is the [Title] of
and that he /she executed this document on behalf of
before me,
(Signature of Notary)
(Print name of Notary)
My commission expires on [Date]
REV 01 /2006 Vol. 200 Pg. Z L
Federal Reserve Bank
Joint Custody Service via FedMail®
Request Form
PLEASE TYPE FORM, PRINT, & SUBMIT (handwritten forms may delay
processing)
Internal FR
(Upon receipt by the Federal Reserve Bank)
Federal Reserve Bank Use Only
Due Diligence Verified:
Initials:
Date:
Use of the FedMail° access solution Is governed by Federal Reserve Bank Operating Circular 5, Electronic Access ( "OC 5'). Depending on the services
you choose to access using FedMail, additional Operating Circulars may govern. Federal Reserve Bank Operating Circulars are available at
FRBservices .oralreoulationslooeratina circulars.html. Submission of this form constitutes acceptance of the terms and conditions of OC 5 and other
applicable Operating Circulars and agreements. The Federal Reserve Banks have no obligation to verify the accuracy of the information you provide
below and have the right to rely on such information in connection with the provision of FedMail access to the services you are requesting. Except to the
extent prohibited by law or regulation, you agree to Indemnify, hold harmless and defend the Federal Reserve Banks against any claim, loss, liability, or
expense made against or incurred by the Federal Reserve Banks in connection with their reliance on the Information provided below.
Section 1 - General
*Required Fields
State or Local Government
Institution Name *
Brazos county, Tx
Telephone *
Pl
(979) 361 -4290
Von
Joint Custody Account
Number(s) *
Provide the 4-digit alpha- numedc account numbs*) below that are listed as institution ID "on your statement.
This forth may be used for multiple account numbers being delivered to the same addresses, with a maximum
/four account numbers.
Account #1
Account #2
Account #3
Account #4
Section 2 - Service Profile
Instructions
1. For email delivery, please provide more than one email address.
2. If updates are required to your current Joint Custody pledgee agreement, please call 500- 327 -0147 and
select option 4.
The email address(es) andlor fax number(s) below will remain in effect until an updated Joint Custody
FedMail Request Form is submitted.
Joint Custody Service (JCCR)
(Email Address or Fax Number
This list replaces the prior email addresses andlor fax numbers on file for your organization.
Last Updated: 03/11
Vol. 200 Pg. /`�5
Page 1 of 2
Federal Reserve Bank Joint Custody Service via FedMail® Request Form
Section 3 — Service Description
@SWCev .. . VI m r
i~t� l�rm�n�,�!„>����.�f'�yra:�h�$'�,.
F ,' t 4i a k a� fi +' � lj � il"
,��G'�k.. d5i"��,atS:�J�I;�, k.r.: - =..
Joint Custody Service
e ability to receive Joint Custody Daily Activity Statements and monthly
(JCCR)
Holdings Reports electronically. The email is sent in text format; the
T!adsheet
and reports are sent as attachments, which may be vie wed with a text
Signature *
dsheet or word processing software.
Section 4 — Authorized Approval
Name*
aeemarer
usr
Duane
Peters
Signature *
The person signing this form must
be listed on your current pledgee
agreement on file with the Federal
Reserve Bank as authorized to
act for your account.
Date*
03/25/2014
Telephone *
"97
361 -4290
Please submit this form to the Customer Contact Center at:
Email: ccc coordinatorsCa7kc.frb.ora
Fax: 800. 660 -7856
Mail:
Customer Contact Center
Federal Reserve Bank of Kansas City
P.O. Box 219416
Kansas City, MO 64121 -9416
The Financial services logo and `FedMail' are registered service marks of the Federal Reserve Banks. A complete listing of marks owned by the
Federal Reserve Banks is available at FRBservices.org.
Last Updated: 03111
Vo1.200 Pg. l4/-(
Page 2 of 2
Brazos County
Purchasing Department
200 S. TX AVE., SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
BRAZOS COUNTY
BID /RFP /RFQ DOCUMENTATION SHEET
The Purchasing Department would like to request Commissioner's Court approval to
cancel bid 2014 -42, and readvertise and go out for bids on the following:
DATE: March 14, 2014
BID NUMBER: 2014 -51
REQUEST FOR PROPOSAL NUMBER:
REQUEST FOR QUALIFICATIONS NUMBER:
TITLE: Motor Grader Blades- readvertisement
REQUESTING DEPARTMENT: Purchasing
APPROVAL SIGNATURE:
County Judge
DATE APPROVED: =/ aS
Vol. 200 Pg. / '�//
March 5, 2014
Brazos County
Purchasing Department
r) ,
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4269 1 RR a..
Wellmann Enterprises Phone: 979- 830 -3898
PO Box 1003 Fax: 979 -289 -5001
Brenham, TX 77834 Email: jswellmann @yahoo.com
Attn: Jeffery Wellmann
Re. Renewal of Contract for Mowing of County rights of Way - 1014 -S0R previously known as 2013 -46R,
2012 -29R and 2011 -26
Brazos County appreciates the quality work your company has provided and would like to exercise the renewal
option for Mowing of County rights of Way - 2014 -50R previously known as 2013 - 468,1012 -29R and 2011 -26.
All terms, conditions, and pricing shall remain the same. I have enclosed a tabulation sheet from the original bid for
your records. This renewal wi11 be the last time we can renew. The term of the renewal will be for one year and will
start April 30, 2014 through April 29, 2015.
To accept the renewal option, please fill out the information and sign below. Return the signed documents by email
to arutledge @brazoscountytx.gov 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 -4269.
Contact Name: 3J('YT4WeI1rn().yr\n Telephone:I-I- O3O-3OgA
WELLMANN ENTERPRISES
/Au orized Signature
AZO CO TY
Duane Peters, County Judge
CU M
Vol. 200 Pg.
Date
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BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: March 25, 2014
SUBJECT: Utility Permit — Creek Meadow Partners
Consider and take action on utility permit to construct road bore under Greens Prairie
Road. Project will provide sanitary sewer service to new subdivision. Site is located
in Precinct 1.
SUBMITTED BY: APPROVED BY:
Ae'� A4(4
Salvato Lloyd Wassermann
ght of Way Agent Commissioner Precinct 1
This request is L APPROVED / DENIED 0 by Commissioners' Court
Duane Peters, County Judge
DATE:
Vol. 200 Pg. 0-�
APPLICATION FOR PIPELINE UTILITY PERMIT
DESIGNATIN&PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now Creek Meadow Partners [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 to Cross Road
Road Name & Block Number
Length of
Crossin
TYPE OF CONSTRUCTION
CHECK ONE
Bored
lacked
Driven
Cased
Greens Prairie Road
95'
X
X
Facility to Parallel Countv Road Within Riuht -Of- -Way
CONSTRUCTION TYPE
18'5 Diameter 3/8" Wall Thickness OR High Pressure Underground ❑ Low Pressure Underground
Pipeline (60 psi or greater Pipeline (60 psi operating
Material Specification Steel operating pressure) pressure)
Minimum Yield Strength 235 psi
Maximum Operation Pressure 80 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 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 hanttless 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.
Vol. 200 Pg. /J
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, cables, etc based upon its failure to'compty with Brazos County requirements.
i
Applicant agrees that if Brazos County demonstrates a violation of the jterms of this policy, Applicant stipulates that
requisites for Injunctive relief exist and that Brazos County Is enNAed, 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 fallure to repair any damages upon
demand, orfor any other reason deemed suffkient by Brazos County.
In the event Company jails 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 constitutegroundsforjobshutdown.
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
Company Name
604a, ..,r ^t oP.no•f,LtC
By:
le�
Signature a
Gn,�er ��cc �/c*rs�cJl
Title
ydl
Address
A/'Llo,gi / /S
City} Q/ / State Zip
ty/
{ / -,W --2000
Phone Number
Email: Ll
Vol. 200 Pg. /S°�
PIPELINE UTILM 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 to / Y except as noted below:
(MonthlDayNear)
EXCEPTIONS:
B7# County Engineer
Vol. 200 Pg. /✓��
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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.
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.
S. 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.
S. 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
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
forthe following:
a. any construction (i.e. pit, excavation, hole) left open overnight, 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;
Vol. 200 Pg. l✓<to/
2. 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 [tight 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.
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'.
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 V
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.
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 orjacked. ABSOLUTELYNO 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.
Vol. 200 Pg. /S%
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;
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, constriction,
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
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's Office an opportunity to inspect the site to ensure the integrity of
the County Right of Way and traffic safety controls used.
Vol. 200 ft. /J7
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 its 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
Company.
H. High Pressure Pipelines
I. 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 Pioeline (below deepest ditch erade) Special Reauirements
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.
Vol. 200 Pg. /,537
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR
NO.13/14 24.1-24A
On this the 25th day of March 2014 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 25th day of March 2014 the Court heard and approved a budget amendment
for the 2013 -2014 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 10 September 2013, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 25th day of March 2014.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
uane Peters, County bdgc
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Connnissioners' Court Minutes
Vol. 200 Pg. /ZI
District Court and
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114.24.1
Vol. 200 Pg. / L
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114.24.2
312512014
FUND DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
0100 14000200 67670000 CR Printers 310.00
0100 14000200 65540000 DR Copier/ Printer /Fax Maint 310.00
IT Services
Reallocation of funds to purchase a fuser assem ly for an HP Laser'et P4515 Printer.
Vol. 200 Pg. 1(2
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14 - 24.3
3/25/2014
FUNDI
DIY
I ACCT
PROJ
DRICRI
ACCOUNT NAME
Increase
Decrease
1800
30000100
1 61151100
DR
LEOSE Constable Pct. 1
778.94
1800
30000100
61151200
DR
LEOSE Constable Pct. 2
1,100.61
1800
30000100
61151300
DR
LEOSE Constable Pct. 3
778.94
1800
30000100
61151400
DR
LEOSE Constable Pct. 4
1,036.28
1900
30000100
61151800
DR
LEOSE County Ationrey
907.61
1800
30000100
61151900
DR
LEOSE District Attorney
778.94
1800
3000100
61152800
DR
LEOSE Sheriff Office
13 645.68
1800
48063000
CR
LEOSE Training
1910-2-7.00
LEOSE Education
To modify the budget of the LEOSE Fund to reflect the LEOSE funding received from the State by various law enforcement departments.
The 83rd session of the Texas Legi slature reinstated the LEOSE funding effective September 1. 2013.
Vol. 200 Pg. A�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114.24.4
312512014
=E�=® ACCOUNTNAME L'
Vol.-200 Pg. %L✓�
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March 25, 2014
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Justice of the Peace Pct. 2.2 Gomez, Naomi C.
Juvenile
S.O. Jail
Harris, Demarnae
Ebner, Kyle
Hernandez, Jessica
Hernandez, Joshua
Approved in Commissioners' Court: March 2 20
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 200 Pg.
Resignation
Resignation
Resignation
New Hire
New Hire
Jy
CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC
DEVELOPMENT FOUNDATION, INC.
FINANCIAL REPORT
SEPTEMBER 30, 2013
Vol. 200 Pg. i( %
Duane Peters Date
County Judge
71
CONTENTS
Page
INDEPENDENT AUDITOR'S REPORT ........................................................ ..............................1
MANAGEMENT'S DISCUSSION AND ANALYSIS ...................................... ..............................3
FINANCIAL STATEMENTS
Statementof Net Position .........................................................................
..............................8
Statementof Activities ..............................................................................
..............................9
Balance Sheet — Governmental Fund .....................................................
.............................10
Reconciliation of the Governmental Fund Balance Sheet
to the Statement of Net Position .........................................................
.............................11
Statement of Revenues, Expenditures and Changes in
Fund Balance — Governmental Fund ..................................................
.............................12
Reconciliation of the Statement of Revenues, Expenditures
and Changes in Fund Balance of Governmental Fund to
theStatement of Activities ...................................................................
.............................13
Notes to the Basic Financial Statements ...............................................
.............................14
Vol. 200 Pg. ��
weaver
M3v.M -fex Advhory
INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
City of Bryan and Brazos County Economic Development Foundation, Inc.
Bryan, Texas
We have audited the accompanying financial statements of the governmental activities and the
major fund of the City of Bryan and Brazos County Economic Development Foundation, Inc.
(the Foundation), as of and for the year ended September 30, 2013, and the related notes to the
financial statements, which collectively comprise the Foundation's basic financial statements as
listed in the table of contents.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial
statements in accordance with accounting principles generally accepted in the United States of
America; this includes the design, implementation, and maintenance of internal control relevant
to the preparation and fair presentation of financial statements that are free from material
misstatement, whether due to fraud or error.
Auditor's Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We
conducted our audit in accordance with auditing standards generally accepted in the United
States of America. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free from material
misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and
disclosures in the financial statements. The procedures selected depend on the auditor's
judgment, including the assessment of the risks of material misstatement of the financial
statements, whether due to fraud or error. In making those risk assessments, the auditor
considers internal control relevant to the entity's preparation and fair presentation of the
financial statements in order to design audit procedures that are appropriate in the
circumstances, but not for the purpose of expressing an opinion on the effectiveness of the
entity's internal control. Accordingly, we express no such opinion. An audit also includes
evaluating the appropriateness of accounting policies used and the reasonableness of
significant accounting estimates made by management, as well as evaluating the overall
presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a
basis for our audit opinions.
AN INDEPENDENT MEMBER OF WEAVER AND TIDWELL. L.L.P. 24 GREENWAY PLAZA, SUITE 1800, HOUSTON, Tx 77046
BARER TILLY INTERNATIONAL CERTIFIED PUBLIC ACCOUNTANTS AND ADVISORS P: 713.850.8787 F: 713.850.1673
Vol. 200 Pg. le 9
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects,
the respective financial position of the governmental activities and the major fund of the
Foundation as of September 30, 2013, and the respective changes in financial position for the
year then ended in accordance with accounting principles generally accepted in the United
States America.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the
management's discussion on pages 3 through 7 be presented to supplement the basic financial
statements. Such information, although not a part of the basic financial statements, is required
by the Governmental Accounting Standards Board, who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational,
economic, or historical context. We have applied certain limited procedures to the required
supplementary information in accordance with auditing standards generally accepted in the
United States of America, which consisted of inquiries of management about the methods of
preparing the information and comparing the information for consistency with management's
responses to our inquiries, the basic financial statements, and other knowledge we obtained
during our audit of the basic financial statements. We do not express an opinion or provide any
assurance on the information, because the limited procedures do not provide us with sufficient
evidence to express an opinion or provide any assurance.
lt%60liP�l u J JZd,, - , f ;f ' P
WEAVER AND TIDWELL, L.L.P.
Houston, Texas
February 18, 2014
Vol. 200 ft. / 76
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEAR ENDED SEPTEMBER 30, 2013
As management of the City of Bryan and Brazos County Economic Development Foundation,
Inc. (the Foundation), we offer readers of the Foundation's financial statements this narrative
overview and analysis of the financial activities of the Foundation for the fiscal year ended
September 30, 2013,
The City of Bryan and Brazos County Economic Development Foundation Inc. (the Foundation),
is a Texas Transportation Code local government corporation formed by the City of Bryan,
Texas (the City) and Brazos County, Texas (the County) to promote, develop, encourage and
maintain employment, commerce and economic development in the City and the County.
The affairs of the Foundation are managed by a Board of Directors which is composed of nine
persons, including the County Judge of Brazos County and three other persons, appointed by
the Commissioners' Court of Brazos County, the Mayor of the City of Bryan and three other
persons appointed by the City Council of the City of Bryan, and one individual appointed by the
Board of Directors of Twin Cities Endowment, Inc. The director appointed by the Board of
Directors of Twin Cities Endowment, Inc., shall have no voting rights except in the case of a
deadlock in votes by the other directors.
In 2009 the Foundation purchased 191 acres of land in north Brazos County to be developed as
a business park. Also, in 2009 the Foundation entered into an option agreement which gave the
Foundation the right to purchase up to 724 adjacent acres. The business park, known as the
Texas Triangle Park, is currently the primary focus for economic development for the
Foundation.
This discussion and analysis is intended to serve as an introduction to the Foundation's basic
financial statements.
Financial Highlights
• Assets exceed liabilities by $2,952,397 (net position)
• Unrestricted net deficit was ($290,553)
Overview of the Financial Statements
This discussion and analysis are intended to serve as an introduction to the Foundation's basic
financial statements. The Foundation's basic financial statements are comprised of three
components: 1) government -wide financial statements, 2) fund financial statements and
3) notes to the financial statements.
Vol. 200 Pg. / //
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEAR ENDED SEPTEMBER 30, 2013
(CONTINUED)
Government -wide Financial Statements
The government -wide financial statements are designed to provide readers with a broad
overview of the Foundation's finances, in a manner similar to a private- sector business.
The statement of net position presents all the Foundation's assets and liabilities, with the
difference between the two reported as net position. Over time, increases or decreases in net
position may serve, to some extent, as an indicator of whether the Foundation's financial
position is improving or deteriorating.
The statement of activities presents information showing how the Foundation's net position
changed during the most recent fiscal year. All changes in net position are reported as soon as
the underlying event giving rise to the change occurs, regardless of the liming of related cash
flows. Thus, revenues and expenses reported in this statement may be for items that will only
result in cash flows in future fiscal periods.
The government -wide financial statements can be found on pages 8 -9 of this report.
Fund Financial Statements
The financial statements are prepared on the basis of funds. A fund is a self - balancing grouping
of related accounts that is used to report and maintain control over resources that have been
segregated for specific activities or objectives. The Foundation, a local government corporation
formed by the City of Bryan, Texas and Brazos County, Texas, uses fund accounting to ensure
and demonstrate compliance with finance - related legal and local policy requirements. The
Foundation consists of only one fund, the General Fund.
Governmental Funds. Governmental funds are used to account for the functions reported as
governmental activities in the government -wide financial statements. However, unlike the
government -wide financial statements, governmental fund financial statements focus on
near -term inflows and outflows of resources, as well as on balances of resources available to
meet obligations at the end of the fiscal year. Such information may be useful in evaluating a
government's near -term financing requirements.
Because the focus of governmental funds is narrower than that of the government -wide financial
statements, it is useful to compare the information presented for the governmental fund with
similar information presented for governmental activities in the government -wide financial
statements. By doing so, readers may better understand the long -term impact of the
Foundation's near -term financing activities. Both the governmental fund balance sheet and the
governmental fund statement of revenues, expenditures and changes in fund balances provide
a reconciliation to facilitate this comparison between the governmental fund and governmental
activities.
4
Vol. 200 Pg. ��
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEAR ENDED SEPTEMBER 30, 2013
(CONTINUED)
The Foundation maintains one governmental fund and adopts an annual appropriation budget
for this fund.
The basic governmental fund financial statements can be found on pages 10 -13 of this report.
Notes to the Financial Statements
The notes provide additional information essential to a full understanding of the data provided in
the government -wide and fund financial statements. The notes to the financial statements can
be found on pages 14 -22 of this report.
Government-wide Financial Analysis
As noted earlier, net position may serve over time as a useful indicator of financial position. In
the case of the Foundation, assets exceed liabilities by $2,952,397 at September 30, 2013,
which was an increase of $1,449,143 or 96.4% from the prior year. This is primarily related to
increases in cash offset by an increase in liabilities. The Foundation's net position includes an
unrestricted net deficit of ($290,553) which will be funded from future land sales and
contributions from the City and County.
Current assets
Capital assets
Total assets
Long -term liabilities
Other liabilities
Total liabilities
Net position (deficit):
Net investment in capital assets
Restricted for contractual requirements
Unrestricted
Total net position
2013
2012
$ 2,447,111
$ 399,660
2,792,579
2,711,397
5,239,690
3,111,057
1,438,713
1,522,976
848,580
84,827
2,287,293
1,607,803
1,269,303 1,107,473
1,973,647 -
(290,553) 395,781
$ 2,952,397 $®
Vol. 200 Pg. 173
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEAR ENDED SEPTEMBER 30, 2013
(CONTINUED)
Governmental Activities
Revenue:
Program revenue
Operating grants and contributions
General revenues:
Investment earnings
Gain on disposition of capital assets
Total revenues
Expenses:
General government
Increase in net position
Net position, beginning of year
Net position, end of year
831,009 $ 257,803
447 205
3,573,256 454,109
4,404,712 712,117
2,955,569 58,357
1,449,143 653,760
1,503,254 849,494
$ 2,952,397 $ 1,503,254
Total revenue from operating grants and contributions increased $573,206 or 222.3% and total
general government expenses increased $2,897,212 or 4,964.6 %. The increase in expenses is
related to increased project costs from the Economic Development Agreement further explained
in Note 5.
General Fund Budgetary Highlights
Revenue for fiscal year ended September 30, 3013 consisted of investment earnings of $447.
Contributions from the City of Bryan and Brazos County were $152,580 and $178,429,
respectively and equaled the budgeted amounts for contributions.
Operating expenditures for the year totaled $2,955,569 and were $2,228,253 or 30.64% more
than budget. The project costs noted above were not budgeted for fiscal year 2013 and
represented the increase in operating expenditures over budget.
During the year, the Foundation recorded a gain on disposal of capital assets of $3,573,703
resulting from the sale of 159.0 acres of land to Kuadrum Pipe and Tube, Inc. ( Kuadrum) for
development of a manufacturing facility and 12.8 acres to Bryan Texas Utilities for a substation
site to serve the Texas Triangle Park.
Capital Asset and Debt Administration
Capital Assets. The Foundation's investment in capital assets for its governmental activities as
of September 30, 2013 was $2,792,579, an increase of $81,182 or 3.0 %. This investment in
capital assets consists of approximately 167 acres of land. The Foundation was assigned an
option contract that provides exclusive rights to purchase land at a fixed price by paying an
annual option fee. The Foundation exercised this option to purchase 159.0 acres of land which
was then sold to Kuadrum. The Foundation also sold 12.8 acres to Bryan Texas Utilities.
Vol. 200 Pg. /7J
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
MANAGEMENT'S DISCUSSION AND ANALYSIS
YEAR ENDED SEPTEMBER 30, 2013
(CONTINUED)
Additional information on the Foundation's capital assets can be found in Note 3 to the financial
statements on page 19 of this report.
Long -Term Debt. At the end of fiscal year 2013, the Foundation had total debt outstanding of
$1,523,726. This debt was entirely comprised of one note payable, secured by the land owned
by the Foundation. During the fiscal year 2013, the Foundation's total debt decreased by
$80,648 or 5.0 %.
Additional information on the Foundation's long -term debt can be found in Note 4 to the financial
statements on page 20 of this report.
Economic Factors and Next Year's Budget
Brazos County is centrally located between Houston, Dallas and Austin, which are respectively
ranked fourth, ninth and fourteenth in population in the nation. This central location is one factor
that makes this area an attractive location for the Foundation's current business park project.
The planned business park encompasses 167 acres and will include a railroad spur. The
Foundation's goals are to attract quality businesses, encourage and maintain employment, and
expand both entities'tax base through Foundation activities.
The board of directors approved the 2014 budget on September 9, 2013. The 2014 budget is
$3,523,718 and includes $3,251,499 of project expenses.
Requests for Information
This financial report is designed to provide a general overview of the Foundation's finances for
all of those with an interest in its finances. Questions concerning any of the information
provided in this report or requests for additional financial information should be addressed to:
Jason Bienski, City of Bryan Mayor, 200 South Texas Avenue Suite 332, Bryan, Texas 77803.
Vol. 200 Pg.�
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
STATEMENT OF NET POSITION
SEPTEMBER 30, 2013
Governmental
Activities
ASSETS
Cash and cash equivalents $ 455,163
Cash and cash equivalents - restricted 1,973,647
Other assets 18,301
Capital assets
Land 2,792,579
TOTAL ASSETS 5,239,690
LIABILITIES
Accounts payable and accrued expenses 764,017
Noncurrent liabilities
Due within one year 84,563
Due in more than one year 1,438,713
TOTAL LIABILITIES 2,287,293
NET POSITION (DEFICIT)
Net investment in capital assets 1,269,303
Restricted for contractual requirements 1,973,647
Unrestricted (290,553)
TOTAL NET POSITION $ 2,952,397
The Notes to Financial Statements are
an Integral part of this statement.
8
Vol. 200 Pg. /%�
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
STATEMENT OF ACTIVITIES
YEAR ENDED SEPTEMBER 30, 2013
Program Activities
Governmental activities
General government and
administration
Total primary government
$ 2,955,569 $ $ 831,009 $
General Revenues
Investment earnings
Gain on disposition of capital assets
The Notes to Financial Statements are
an integral part of this statement.
Total general revenues
Change in net position
Net position - beginning of year
Net position - end of year
N
Vol. 200 Pg. %% /1
(2,124,560)
447
3,573,256
3,573,703
1,449,143
1,503.254
$ 2,952,397
Net (Expenses)
Revenue and
Changesin
Program Revenues
Net Position
Fees, Fines Operating
Capital
and Charges Grants and
Grants and Governmental
Expenses for Services Contributions
Contributions Activities
$ 2,955569 S $ 831,009
$ - $ (2,124,560)
$ 2,955,569 $ $ 831,009 $
General Revenues
Investment earnings
Gain on disposition of capital assets
The Notes to Financial Statements are
an integral part of this statement.
Total general revenues
Change in net position
Net position - beginning of year
Net position - end of year
N
Vol. 200 Pg. %% /1
(2,124,560)
447
3,573,256
3,573,703
1,449,143
1,503.254
$ 2,952,397
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
BALANCE SHEET — GOVERNMENTAL FUND
SEPTEMBER 30, 2013
General
Fund
ASSETS
Cash and cash equivalents $ 455,163
Cash and cash equivalents - restricted 1,973,647
Other assets 18,301
TOTAL ASSETS $ 2,447,111
LIABILITIES
Accounts payable and accrued expenses
TOTAL LIABILITIES
FUND BALANCE (DEFICIT)
Non spendable - other assets
Restricted for contractual requirements
Unassigned
TOTAL FUND BALANCE
TOTAL LIABILITIES AND FUND BALANCE
The Notes to Financial Statements are
an Integral part of this statement.
ILi]
Vol. 200 Pg. /7z'
$ 764,017
764,017
18,301
1,973,647
(308,854)
1,683,094
$ 2,447,111
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
RECONCILIATION OF THE GOVERNMENTAL FUND
BALANCE SHEET TO THE STATEMENT OF NET POSITION
SEPTEMBER 30, 2013
Total fund balance - governmental fund
Amounts reported for governmental activities in the statement of net
position are different because:
Capital assets used in governmental activities are not current financial
resources and therefore are not reported in the governmental fund balance
sheet.
Long -term liabilities, including long -term debt payable are not due and
payable in the current period and therefore are not reported in the fund
financial statements.
Net position of governmental activities
The Notes to Financial Statements are
an integral part of this statement.
11
Vol. 2 00 Pg. —2-Zf
1,683,094
2,792,579
(1,523,276)
$ 2,952,397
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE —
GOVERNMENTALFUND
YEAR ENDED SEPTEMBER 30, 2013
REVENUES
Grants
Investment earnings
Total revenue
EXPENDITURES
General government and administration
Debt service
Principal
Interest
Capital outlay
Total expenditures
Excess of expenditures over revenues
Other financing sources
Contributions from the City of Bryan
Contributions from Brazos County
Proceeds from sale of land
Total other financing sources
Net change in fund balance
FUND BALANCE, beginning of year
FUND BALANCE, end of year
The Notes to Financial Statements are
an integral part of this statement.
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General
Fund
$ 500,000
447
500,447
2,955,569
80,648
71,106
2,344,952
5,452,275
(4,951,828)
152,580
178,429
5,908,132
6,239,141
1,287,313
395,781
$ 1,683,094
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
RECONCILIATION OF THE STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCE OF
GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES
YEAR ENDED SEPTEMBER 30, 2013
Net change in fund balance - governmental fund $ 1,287,313
Amounts reported for change in net position of governmental activities in
the statement of activities are different because:
Governmental funds report capital outlays as expenditures. However,
in the statement of activities the cost of those assets is allocated over
their estimated useful lives and reported as depreciation expense.
Capital outlay 2,344,952
Net book value of capital assets disposed (2,334,876) 10,076
Current year long -term debt principal payments are expenditures in
the fund financial statements, but are shown as reductions in long-
term debt in the government -wide financial statements. 80,648
Current year interest is expensed in the fund financial statements, but
is capitalized in the government wide financial statements since the
interest is related to the construction of an industrial park.
Change in net position of governmental activities
The Notes to Financial Statements are
an Integral part of this statement.
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71,106
$ 1,449,143
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Reporting Entity
The City of Bryan and Brazos County Economic Development Foundation Inc. (the
Foundation), is a Texas Transportation Code local government corporation formed by
the City of Bryan, Texas (the City) and Brazos County, Texas (the County) to promote,
develop, encourage and maintain employment, commerce, and economic development
in the City and the County.
The affairs of the Foundation are managed by a Board of Directors, which is composed
of nine persons including the County Judge of Brazos County and three other persons
appointed by the Commissioners' Court of Brazos County, the Mayor of the City of Bryan
and three other persons appointed by the City Council of the City of Bryan, and one
individual appointed by the Board of Directors of Twin Cities Endowment, Inc. The
director appointed by the Board of Directors of Twin Cities Endowment, Inc., shall have
no voting rights except in the case of a deadlock in votes by the other directors.
The Foundation is reported as a joint venture of the City and the County, as defined by
Governmental Accounting Standards Board (GASB) Statement No. 14, The Financial
Reporting Entity, GASB Statement No. 39 and GASB Statement No. 61. The
Foundation was formed pursuant to the provisions of Subchapter D, Chapter 431 of the
Texas Transportation Code, as amended.
The funding sources of the Foundation have come from contributions from Brazos
County and the City of Bryan, a grant from the Twin Cities Endowment Inc., cash
contributions from Research Valley Partnership (RVP) and cash from the sale of land
acquired by the Foundation.
As required by accounting principles generally accepted in the United States of America,
these financial statements include the activities of the Foundation and any organizations
for which the Foundation is financially accountable or for which the nature and
significance of their relationship with the Foundation are such that exclusion would
cause the reporting entity's financial statements to be misleading or incomplete.
The definition of the reporting entity is based primarily on the notion of financial
accountability. A primary government is financially accountable for the organizations
that make up its legal entity. It is also financially accountable for legally separate
organizations if its officials appoint a voting majority of an organization's governing body
and either it is able to impose its will on that organization or there is a potential for the
organization to provide specific financial benefits to, or to impose specific financial
burdens on, the primary government. A primary government may also be financially
accountable for governmental organizations that are fiscally dependent on it.
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CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED
Reporting Entity— Continued
A primary government has the ability to impose its will on an organization if it can
significantly influence the programs, projects, or activities of, or the level of services
performed or provided by, the organization. A financial benefit or burden relationship
exists if the primary government (a) is entitled to the organization's resources; (b) is
legally obligated or has otherwise assumed the obligation to finance the deficits of, or
provide financial support to, the organization; or (c) is obligated in some manner for the
debt of the organization. Some organizations are included as component units because
of their fiscal dependency on the primary government. An organization is fiscally
dependent on the primary government if it is unable to adopt its budget, levy taxes, set
rates or charges, or issue bonded debt without approval by the primary government.
Accordingly, the Foundation has no component units.
Government -Wide and Fund Financial Statements
The government -wide financial statements (the statement of net position and the
statement of activities) report information on all of the activities of the Foundation.
Governmental activities are generally supported by operating contributions from the City
and the County. The activities of the Foundation are comprised only of governmental
activities.
The statement of activities demonstrates the degree to which the direct expenses of a
given program are offset by program revenues. Direct expenses are those that are
clearly identifiable with a specific program. Program revenues include 1) charges to
customers or applicants who purchase, use, or directly benefit from goods, services, or
privileges provided by a given program and 2) operating or capital grants and
contributions that are restricted to meeting the operational or capital requirements of a
particular program. Taxes and other items not properly included among program
revenues are reported instead as general revenues.
Fund Financial Statements
These statements present each major fund as a separate column on the fund
financial statements. Governmental funds are those funds through which most
governmental functions typically are financed. The measurement focus of
governmental funds is on the sources, uses and balance of current financial
resources. The Foundation has only one governmental fund, a General Fund, which
is a major governmental fund for financial reporting.
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CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES —CONTINUED
Government -Wide and Fund Financial Statements — Continued
General Fund
The General Fund is the only operating fund of the Foundation. This fund is used to
account for all financial resources and expenditures of the Foundation. General
operating expenditures, fixed charges and capital acquisition and improvement costs
are paid from the General Fund.
Measurement Focus and Basis of Accounting
Measurement focus refers to what is being measured; basis of accounting refers to
when revenues and expenditures are recognized in the accounts and reported in the
financial statements. Basis of accounting relates to the timing of the measurement
made, regardless of the measurement focus applied.
The government -wide statements are reported using the economic resources
measurement focus and the accrual basis of accounting. The economic resources
measurement focus means all assets and liabilities (whether current or non - current) are
included on the statement of net position and the operating statements present
increases (revenues) and decreases (expenses) in net total position. Under the accrual
basis of accounting, revenues are recognized when earned. Expenses are recognized
at the time the liability is incurred.
Governmental fund financial statements are reported using the current financial
resources measurement focus and are accounted for using the modified accrual basis of
accounting. Under the modified accrual basis of accounting, revenues are recognized
when susceptible to accrual; i.e., when they become both measurable and available.
"Measurable" means the amount of the transaction can be determined and "available"
means collectible within the current period or soon enough thereafter to be used to pay
liabilities of the current period. The Foundation considers receivables collected within
sixty days after year -end to be available and recognizes them as revenues of the current
year. Expenditures are recorded when the related fund liability is incurred. However,
debt service expenditures are recorded only when payment is due.
Budgetary Control
The Board approves the financial budget for expenditures in the general fund. Although
the budget is approved by the Board, it is not considered legally adopted. Accordingly,
comparative budget to actual results are not presented in this report.
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CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES— CONTINUED
Use of Estimates
In preparing financial statements in conformity with generally accepted accounting
principles, management is required to make estimates and assumptions that affect the
reported amount of assets and liabilities and the disclosure of contingent assets and
liabilities at the date of the financial statements and revenues and expenses during the
reporting period. Actual results could differ from these estimates.
Capital Assets
Capital assets are stated at the historical cost. Maintenance, repairs and minor
renewals and replacements are charged to operating expense, while major property
replacements and interest expense related to construction projects are capitalized. The
Foundation's only capital asset is land which is not depreciated.
Fund Balances and Net Position
Government -Wide Financial Statements:
Net position on the statement of net position includes the following categories:
Net investment in capital assets — the component of net position that reports the
difference between capital assets less both the .accumulated depreciation and the
outstanding balance of debt, that is directly attributable to the acquisition, construction or
improvement of these capital assets.
Restricted — includes fund balance amounts that are constrained for specific purposes
which are externally imposed by providers, such as creditors or amounts restricted due
to constitutional provisions or enabling legislation.
Unrestricted — the difference between the assets and liabilities that is not reported in the
classifications above.
ON
Vol. 200 Pg. IS-'5�
CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES —CONTINUED
Fund Balances and Net Assets — Continued
Governmental Fund Financial Statements:
The Foundation has adopted the provisions of GASB Statement No. 54, Fund Balance
Reporting and Government Fund Type Definitions (GASB 54). The objective of the
statement is to enhance the usefulness of fund balance information by providing clearer
fund balance classifications that can be more consistently applied and by clarifying the
existing government fund type definitions. The statement establishes fund balance
classifications that comprise a hierarchy based primarily on the extent to which a
government is bound to observe constraints imposed upon the use of the resources
reported in governmental funds. Fund balance classifications, under GASB 54 are
non - spendable, restricted, committed, assigned, and unassigned. These classifications
reflect not only the nature of funds, but also provide clarity to the level of restriction
placed upon fund balance. Fund balance can have different levels of constraint, such as
external versus internal compliance requirements.
Unassigned fund balance is a residual classification within the general fund. The
general fund should be the only fund that reports a positive unassigned balance. In all
other funds, unassigned is limited to negative residual fund balance.
In accordance with GASB 54, the Foundation classifies governmental fund balances as
follows:
Non - spendable — includes amounts that cannot be spent because they are either not in
spendable form, or, for legal or contractual reasons, must be kept intact.
Restricted — includes fund balance amounts that are constrained for specific purposes
which are externally imposed by providers, such as creditors or amounts restricted due
to constitutional provisions or enabling legislation.
Committed — includes fund balance amounts that are constrained for specific purposes
that are internally imposed by the Foundation through formal action in an open meeting
of the highest level of decision making authority. Committed fund balance is reported
pursuant to resolution passed by the Foundation's Board of Directors. The Foundation
had no committed fund balances at September 30, 2013.
Assigned — includes fund balance amounts that are self- imposed by the Foundation to
be used for a particular purpose. Fund balance can be assigned by the Foundation's
Board of Directors. The Foundation had no assigned fund balances at September 30,
2013.
Unassigned — includes residual positive fund balance within the general fund which has
not been classified within the other above mentioned categories.
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CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES —CONTINUED
Fund Balances and Net Assets — Continued
When both restricted and unrestricted fund balances are available for use, it is the
Foundation's policy to use restricted fund balance first, then unrestricted fund balance.
Furthermore, committed fund balances are reduced first, followed by assigned amounts
and then unassigned amounts when expenditures are incurred for purposes for which
amounts in any of those unrestricted fund balance classifications are available.
NOTE 2. CASH AND CASH EQUIVALENTS
The Foundation's cash is managed by the County and is deposited into an operating
account in the name of the Foundation. All cash balances at September 30, 2013, were
held at financial institutions and are secured by FDIC insurance.
NOTE 3. CAPITAL ASSETS
At September 30, 2013, capital assets consist of approximately 167 acres of land purchased
by the Foundation in April 2009.
The Foundation annually evaluates capital assets as required by GASB Statement No. 42,
Accounting for Financial Reporting for Impairment of Capital Assets and for Insurance
Recoveries. The statement provides guidance for determining if any assets have been
impaired and for calculating the appropriate write -downs in value for any assets found to be
impaired. No impairment losses were recorded by the Foundation for the year ended
September 30, 2013.
Capital asset activity for the year ended September 30, 2013 was as follows:
Governmental activities
Capital assets not being depreciated
Land
Total capital assets not
being depreciated
Governmental activities
capital assets, net
Balance Balance
September 30, September 30,
2012 Additions Retirements 2013
$ 2,711,397 $ 2,416,058 $(2,334,876) $ 2,792,579
2,711,397 2,416,058 (2,334,876) 2,792,579
$ 2,711,397 $ 2,416,058 $(2,3
34,876 $ 2,792,579
During the year ended September 30, 2013, $71,106 of interest costs were incurred and
capitalized.
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CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 4. LONG -TERM DEBT
At September 30, 2013, the Foundation's long term debt payable consisted of one note
payable to M.D. Wheeler, LTD issued in April 2009 with an interest rate of 4.75% with equal
payments due monthly through April 2019, when all unpaid principal and accrued but unpaid
interest is due. The note payable is secured by the 167 acres owned by the Foundation.
Long -term debt activity for the year ended September 30, 2013 was as follows:
Balance Balance Due
Beginning End. Within
of year Increase Decrease of year One Year
Governmental -type activities
Note payable $ 1,603,924 $ - $ 80,648 $ 1,523,276 $ 84.563
Total governmental -
type activities $ 1,603,924 $ $ 80,648 $ 1,523,276 $ 84,563
In the statement of revenues, expenses and changes in fund balance for the year ended
September 30, 2013, interest expense is recorded in the amount of $71,106.
Debt service requirements to maturity for the note payable is summarized as follows:
2014
2015
2016
2017
2018
2019-2023
2024-2026
Total
Governmental Activities
Principal Interest Total
$ 84,563
88,669
92,973
97,487
102,220
590,534
466,830
$ 70,530
66,425
62,120
57,607
52,874
184,934
37,880
$ 155,093
155,094
155,093
155,094
155,094
775,468
504,710
$ 1,523,276 $ 532,370 $ 2,055,646
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CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 5. ECONOMIC DEVELOPMENT AGREEMENT
In 2009 the Foundation purchased 191 acres of land In north Brazos County to be
developed as a business park. Also in 2009 the Foundation entered into an option
agreement which gave the Foundation the right to purchase up to 724 adjacent acres. The
business park, known as the Texas Triangle Park, is currently the primary focus for
economic development for the Foundation.
In April 2013, the Foundation entered into an Economic Development Agreement (EDA) with
Kuadrum Pipe and Tube, Inc. (Kuadrum). Per the terms of the EDA, the Foundation and the
City will sell approximately 160 and 23 acres, respectively, to Kuadrum to build a
manufacturing facility. In addition, the Foundation will provide $7,150,000 in development
credits, the County will provide tax abatement and the City will provide a non - annexation
agreement. Kuadrum is also required to meet certain criteria including, among other items,
purchasing an additional 60 acre tract of land for a purchase price of approximately
$2.5 million prior to July 2014, achieving a particular taxable valuation and employing a
minimum number of full -time employees. If Kuadrum fails to meet its obligations under the
EDA, the Foundation may terminate the EDA and tender a demand of $1,500,000.
Kuadrum will perform the work to make the site development ready and submit the costs to
the Foundation. If the terms of the EDA are met, the development credits will be paid to
Kuadrum within 30 days of approval by the Foundation. All funds received in conjunction
with the EDA, including the proceeds from the sale of land to Kuadrum after closing costs,
are required to be segregated into a separate cash account for payment of the development
credits. The total segregated cash that is restricted for development credits is $1,973,647,
which is classified as restricted fund balance /net position as of September 30, 2013. During
the year ended September 30, 2013, the Foundation paid $2.1 million of the development
credits to the County for infrastructure construction.
NOTE 6. RELATED PARTY TRANSACTIONS
As previously noted in Note 1, the Foundation operates as part of a joint venture between
the City and the County. In addition to each entity's investment in the Foundation, each
entity is also entitled to a 50% ownership in the residual net assets of the Foundation. The
City and the County contributed $152,580 and $178,429, respectively, to the Foundation
during the year ended September 30, 2013.
As of September 30, 2013, the Foundation has $762,017 payable to the City of Bryan and
$2,000 payable to Brazos County to reimburse these entities for expenditures incurred on
behalf of the Foundation.
During the year ended September 30, 2013, the Foundation sold 12.8 acres of land to Bryan
Texas Utilities for $174,126.
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CITY OF BRYAN AND BRAZOS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION, INC.
NOTES TO BASIC FINANCIAL STATEMENTS
NOTE 7. COMMITMENTS
As of September 30, 2013, no invoices have been submitted to the Foundation from
Kuadrum for site development costs and no liability has been recorded for the development
credits related to the EDA as the Foundation determined that not all of the eligibility criteria
under the EDA have been met. During the year ended September 30, 2013, the Foundation
paid $2.1 million of the development credits to the County for infrastructure construction.
NOTE B. SUBSEQUENT EVENT
In December 2013 the Foundation's board of directors amended the reimbursement
agreement between the Foundation, the City and the County. As part of this agreement, the
City agreed to contribute up to $1.2 million to the Foundation as development credits
(as defined in the EDA) which will be reimbursed by the Foundation. The City also agrees
to continue to finance and direct operations of several construction projects for which the
Foundation will reimburse the City upon availability of funds.
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