HomeMy WebLinkAbout2014-07-15-10:00 AM REGULAR MEETINGBRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON JULY 15, 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 Catalena.
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 28:
3, Appointment of the follow ng committee members to the Criminal Justice Advisory Committee: term of
each appointment is 4/112014 through 3/3112018:
✓a. Robert Meyer \
• b. David Patterson
4, /Reappointment of the following committee members to the Criminal Justice Advisory Committee: term
• a. Irma Caulev
• b. Chris Kirk
• c. Robert Reed
• d.Doug.Weedc
5.
6.
7. Approval of the iob description for Building Event Worker (Class code 819 Position 3) at the Brazos
Vol. 204 Pg. ///
Center.
Consider and approve first amendment to Interlocal Agreement between City of Bryan and Brazos
County for the participation of Brazos County in Bryan Reinvesment Zone Number 10.
Consider and possible action on amendment to Tax Abatement with Axis Pipe & Tube Inc.
10. Approval of contract with DIRICTS for services related to TEX -AN communication services.
11. Permission to advertise Bid Main #14 -0031 Annual Fuel Contract
12. Approval and ratification of purchase order 14003379 to Noel's Wonderful World of Travel in the
amount of $619.00 for air fare to seminar.
13. Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XVIII, 17.940 Acres; J.M.
Barrera Survey A -69; College Station (ETJ) Brazos County Texas. Site is located in Precinct 1.
14. Consider and take action on the Final Plat of Saddle Creek Subdivision Phase 11; 34.025 Acres; James
C Stuteville League A -216• College Station (ETJ); Brazos County Texas Site is located in Precinct 1
15. Request permission to enter private property owned by David and Michelle Leatham for the purpose of
16. Request permission to enter private property owned by George Kieft located on Stousland Road.
Project will cut and remove dead brush along right -of -way / fence line. Site is located in Precinct 1.
17.
1$. Request permission to enter private property owned by John Schoellman located on Green Branch
Loop Project will cut and remove dead tree along right -of -way / fence line Site is located in Precinct 2
19. Request permission to enter private property owned by Terry McMullin located on Whispering Oaks
Drive Project will cut and remove dead tree along right-of-way / fence line. Site is located in Precinct 2.
20. Tax Refund Applications for the following:
• a. Efron Sotelooverpayment- $200.00
21. Commissioners Court minutes for the following dates:
• a. June 3. 2014 - Reaular Meetin
• b. June 10 2014 - Regular Meetinq
• c. June 17 2014 - Regular Meeting
• d. June 17 2014 - Public Hearing
• e. June 24, 2014 - Regular Meeting
• f. June 26 2014 - Special Meeting
22. Budget Amendments.
Budget Amendments FY 13114 39.1 thru 39.4
23. Payment authorization to Cintas Corp in the amount of $1.226.05 for the destruction of county records.
24. Approval of the following requisitions for JP Ito purchase anew phone system using JP Technology
Funds:
• a. 00047657 to CDW in the amount of $1779.96
• b. 00047658 to Ezuce in the amount of $960.61
25. Personnel Change of Status.
Vol. 204 Pg.
Personnel Action Forms
26. Payment of Claims.
27. Convene into the following Executive Sessions:
• a. Executive Session pursuant to Section 551.087 of the Texas Government Code
to discuss or deliberate economic development negotiations.
• b. Executive Session pursuant to Section 551.071 of the Texas Government Code
to consult with attorney about pending or contemplated litigation and /or a
settlement offer.
28. Consider and possible action on the Executive Sessions.
29, Acknowledgement of the Brazos County Expo Third Quarter Sales 8 Marketina Report
30. Sheriffs report on inmate population.
31. Announcement of interest items and possible future agenda topics.
32. Call for Citizen input and /or concerns.
33. Adjourn.
Vol. 204 Pg. 113
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 Articie V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 111.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions
in the presence of the Court Those members of the public who are inappropriately attired andlor who do not conduct
themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Courts Order
and /or continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence
and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speakers time;
2. removal 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 Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77603 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361 -1102.
Vol. 204 Pg. r!'4/
v� Fa
)• Y O'F e�P�f
BRAZOS COUNTY
BRYANJEXAS
MINUTES
July 15, 2014
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
E File Stamped Stamped Aaenda.pdf
Li Sian inSiayn in sheet .0
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, July 15, 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 Catalena.
Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 28:
3. Appointment of the following committee members to the Criminal Justice Advisory
Vol. 2 04 Pg. /(S
Committee; term of each appointment is 4/112014 through 3/31/2018:
LS' Item 3.0
• a. Robert Meyer
• b. David Patterson
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters, Wassermann.
4. Reappointment of the following committee members to the Criminal Justice Advisory
Committee; term of each appointment is 4/1/2014 through 3131/2018:
Item 4.vdf
• a. Irma Cauley
• b. Chris Kirk
• c. Robert Reed
• d. Doug Weedon
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
5. Appointment of James C. Sosa as a non -paid Deputy for Constable, Precinct 2.
L4 Item 5.0
The Court approved as submitted the appointment contingent on the appointment being
within the allotted number of deputies.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard, Peters, Wassermann .
6. Out of state travel request for Judge Tommy Munoz and Eric Caldwell to attend the
National Association of Court Management Conference in Scottsdale, Arizona. Dates of
travel are July 14 -16, 2014.
MP Item 6.0
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters ,
Wassermann.
Approval of the job description for Building Event Worker (Class code 819, Position 3) at
the Brazos Center.
G Item TO
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
8. Consider and approve first amendment to Interlocal Agreement between City of Bryan
and Brazos County for the participation of Brazos County in Bryan Reinvesment Zone
Number 10.
E Item 8.odf
The Court approved as submitted the First Amendment to Interlocal Agreement with the
City of Bryan, Texas which extends the length of the County's participation in the Bryan
Reinvestment Zone Number 10 and reduces the County's percentage of participation
during the extension period from 100% to 80 %. A copy is attached.
Vo1.204 Pg. //'�
Spencer Clements with Traditions Club answered questions about plans for the TIRZ.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard . Peters . Wassermann .
C Item 9.pdf
Consider and possible action on amendment to Tax Abatement with Axis Pipe & Tube,
Inc.
The Court approved as submitted an amendment to the Tax Abatement with Axis Pipe &
Tube, Inc. to extend the time frame six (6) months to allow the company to move
forward.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley , Mallard , Peters , Wassermann .
10. Approval of contract with DIR /CTS for services related to TEX -AN communication
services.
Item 10.0
A copy of the contract is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann.
11. Permission to advertise Bid Main #14 -0031 Annual Fuel Contract.
Item 11.0
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
12. Approval and ratification of purchase order 14003379 to Noel's Wonderful World of
Travel in the amount of $619.00 for air fare to seminar.
,L_ Item 12.0
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
13. Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XVIII,
17.940 Acres, J.M. Barrera Survey, A -69; College Station (ETJ), Brazos County, Texas.
Site is located in Precinct 1.
r.': Item 13.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard . Peters . Wassermann .
14. Consider and take action on the Final Plat of Saddle Creek Subdivision Phase 11;
34.025 Acres; James C. Stuteville League, A -216; College Station (ETJ), Brazos
County, Texas. Site is located in Precinct 1.
Vol. 204 Pg.
M Item 14.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
15. Request permission to enter private property owned by David and Michelle Leatham for
the purpose of repairing roadway culverts. Project will remove silt and install new
culverts. Rip -rap material will be placed on private property for erosion control. Site is
located in Precinct 1.
US Item 15.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
16. Request permission to enter private property owned by George Klett located on
Stousland Road. Project will cut and remove dead brush along right -of -way / fence line.
Site is located in Precinct 1.
9 Item 16.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
17. Request permission to enter private property owned by Robert and Jewel Thomas
located on Stousland Road. Project will cut and remove dead brush along right -of -way /
fence line. Site is located in Precinct 1.
V_ Item 17.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
18. Request permission to enter private property owned by John Schoellman located on
Green Branch Loop. Project will cut and remove dead tree along right -of -way /fence
line. Site is located in Precinct 2.
E Item 18.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
19. Request permission to enter private property owned by Terry McMullin located on
Whispering Oaks Drive. Project will cut and remove dead tree along right -of -way / fence
line. Site is located in Precinct 2.
LL Item 19.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
20. Tax Refund Applications for the following:
a. Efron Sotelo- overpayment - $200.00
9t Item 20.pdf
. a. Efren Sotelo- overpayment $200
Vol.204 Pg. Ay
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
21. Commissioners Court minutes for the following dates:
a. June 3, 2014 - Regular Meetingb. June 10, 2014 - Regular Meetingc. June 17, 2014 -
Regular Meetingd. June 17, 2014 - Public Hearinge. June 24, 2014 - Regular Meetingf.
June 26, 2014 - Special Meeting
• a. June 03, 2014 - Regular Meeting
• b. June 10, 2013 - Regular Meeting
• c. June 17, 2014 - Regular Meeting
• d. June 17, 2014 - Public Hearing
• e. June 24, 2014 - Regular Meeting
• f. June 26, 2014 - Special Meeting
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
22. Budget Amendments.
Budget Amendments FY 13/14 39.1 thru 39.4
E Item 22.odf
39.1 Reallocate funds for County Records Management
39.2 Transfer funds from TYC Parole to Juvenile Detention
39.3 Transfer funds from TYC Parole to Juvenile Services
39.4 Transfer funds from General Fund Contingency to Sheriff Office -Administration
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann .
23. Payment authorization to Cintas Corp in the amount of $1,226.05 for the destruction of
county records.
r Item 23.0
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
24. Approval of the following requisitions for JP 1 to purchase a new phone system using JP
Technology Funds:
tE Item 24.0
• a. 00047657 to CDW in the amount of $1779.98
• b. 00047658 to Ezuce in the amount of $960.61
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
25. Personnel Change of Status.
Personnel Action Forms
E Item 25.odf
Vol. 204 Pg. 11f
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 0 -0.
26. Payment of Claims.
BILL LIST 07.15.14.0 f
99 Claims Sheet.odf
7123253 through 7123511
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, , Mallard, Peters, Wassermann .
27. Convene into the following Executive Sessions:
• a. Executive Session pursuant to Section 551.087 of the Texas Government Code
to discuss or deliberate economic development negotiations.
• b. Executive Session pursuant to Section 551.071 of the Texas Government Code
to consult with attorney about pending or contemplated litigation and /or a
settlement offer.
It was determined that there would be no need for the Executive Session.
28. Consider and possible action on the Executive Sessions.
No action taken.
29. Acknowledgement of the Brazos County Expo Third Quarter Sales & Marketing
Report.
Item 29.0 f
The Court acknowledged receipt of the Third Quarter Sales & Marketing Report.
30. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 654 inmates in jail, 61 have electronic monitors and
13 are pending for monitors.
31. Announcement of interest items and possible future agenda topics.
The County Judge announced there would be a Public Hearing tomorrow on an
application for a junkyard. The Eagle misprinted the date and time but printed a
correction in today's paper.
32. Call for Citizen input and /or concerns.
33. Adjourn.
Vol. 204 Pg. 416
The foregoing minutes of the Commissioners Court meeting held July 15, 2014 have
been examined and are approved in open Court this day of
n..A,.AI-
uuauc rULULS
County Judge
Sammy Catalpda
Commissio er, Precinct 2
Commissioner, Precinct
Attest:
Karen McQueen
County Clerk
Vol. 204 Pg.
)unty, Texas.
�j c.��� 4..4...+..x...___
Lloyd Mlassermann
Commissioner, Precinct 1
Kenny Mall
Commissioner, Precinct 3
Name
PRINT)
BRAZOSCOUNTY
COMMISSIONER'S COURT
DAY OF , 20
/� o0
A*,
M
16,1m, P� V/ wl) i
Organization
(PLEASE PRINT)
r
�s�zr
20
Pg I of ?Z
Vol. 204 Pe.
BRAZOSCOUNTY
COMMISSIONER'S COURT
Name
(PLEASE PRINT)
Pg Z of Z
20�
Organization
(PLEASE PRINT)
Vol. 204 ft.
�� /ice
/e�xA�f�n
Brazos County
Job Description
Last Updated: September 2012
P WO k os .
T41mpale aaviY 11 eB ISM12 7
Class Number:
Pay Group
819
07 __ --
Title:
Department:
Building Event Worker - - - -�
I Brazos Center
FLSA Status:
Non Exempt
y
nfe
Brazos County
Job Description
Last Updated: September 2012
P WO k os .
T41mpale aaviY 11 eB ISM12 7
Class Number:
Pay Group
819
07 __ --
Title:
Department:
Building Event Worker - - - -�
I Brazos Center
FLSA Status:
Non Exempt
Reports To:
_ _
Director and Event Coordinator
Approved Date:
1 10/0112013
EEOC Category:
i Service /Maintenance - -�
Position End
Date:
09/30/2014
Temporary i
Employee
Cr�/
Signature:
i ms is a temporary part tune position mat Involves being responsible for the safety of the customers, setting up the rooms as specifled in the layout
book, overseeing the cleanliness of the building and grounds, and must meet the customer's expectations as far as courtesy and prompt response to
their requests.
Restock the paper towels, hand soap and toilet paper.
Cleaning the goors with wet mops for splits and food.
Dust mop the concourse, assembly rooms and hallways regularly to remove excess dirt.
Autoscrub assembly room floors before setting up the tables and chairs.
Empty all trash containers at the end of the eventievening.
Before the event seek out the person In charge and introduce yourself and telr them where you can be found th mughout the event.
Make sure sound levels are appropriate for each group.
During events you should be visible and available,
Check restrooms every 30 minutes.
Lock rooms that are not being used. Lock office when you are not in it and leave it locked at the end of the night.
Check the areas the caterer or bartender use for cleanliness before they leave.
When an event is coming to an end you are to be present in the room.
Before leaving for the night, check all rest rooms, clean and restock as needed.
Vacuum mats In front of doors and in restrooms.
Turn off all interior lights in the building.
Store equipment and supplies appropriately.
Make sure all exterior doors are lacked.
Close overhead door completely. V
scuum office every evomng.
Priorities are, Safety, Customer Service, Rules enforcement and Cleanliness
Vol. 204 Pg. /'�&
Education —
- -~ RegUlred�lgh School graduation or iti equwalent
Preferred: I _— ��
Required: To perform He job successfully, an Individual must be able to perform each essential duty satisfactorily. Thee
_ requirements listed below are representative of the knowledge, skill andlor ability required.
Preferred:
j Certificates licenses j
�egl'stratlons
_ - --
Required. None. — "— -
� Preferred:
ma wiyewai uernerwa timmeo note are representative or those mat must be met by an employee to
successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
functions. While performing the duties of this job, the employee is regularly required to sk; use hand to finger,
handle, or feel; reach with hands and arms; bend and kneel, and talk and hear. The employee frequently is
required to stand and walk. The employee must frequently gh and/or move objects weighing up to 50 pounds,
such as tables and table carts. Specific vision abilities required for this job Include close vision, distance vision,
and the ability to adjust focus.
Knowledge, S)dit &
Abilities
Typical: Ability to follow opal and written inslmdions; abtlily to learn to use janilorlal equipment and suppNes; ability to
be courteous to the public and coworkers. Must be in good physical condition to perform strenuous work and
1 heavy lifting; must be reliable and able to make good decisions. I'
r ne wore environment characteristics deacrbed here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
Individuals with disabilities to perform the essential functions. The noise level In the work envkonment Is usually
moderate. The employee is constantly required to work closely with others as a part of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines.
Duane Peters Date
County Judge
VA 204 Pg. /
I E
ma wiyewai uernerwa timmeo note are representative or those mat must be met by an employee to
successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
functions. While performing the duties of this job, the employee is regularly required to sk; use hand to finger,
handle, or feel; reach with hands and arms; bend and kneel, and talk and hear. The employee frequently is
required to stand and walk. The employee must frequently gh and/or move objects weighing up to 50 pounds,
such as tables and table carts. Specific vision abilities required for this job Include close vision, distance vision,
and the ability to adjust focus.
Knowledge, S)dit &
Abilities
Typical: Ability to follow opal and written inslmdions; abtlily to learn to use janilorlal equipment and suppNes; ability to
be courteous to the public and coworkers. Must be in good physical condition to perform strenuous work and
1 heavy lifting; must be reliable and able to make good decisions. I'
r ne wore environment characteristics deacrbed here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
Individuals with disabilities to perform the essential functions. The noise level In the work envkonment Is usually
moderate. The employee is constantly required to work closely with others as a part of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines.
Duane Peters Date
County Judge
VA 204 Pg. /
r ne wore environment characteristics deacrbed here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
Individuals with disabilities to perform the essential functions. The noise level In the work envkonment Is usually
moderate. The employee is constantly required to work closely with others as a part of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines.
Duane Peters Date
County Judge
VA 204 Pg. /
1
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
THIS FIRST AMENDI ENT TO INTERLOCAL AGREEMENT ( "First Amendment ") is
made and entered into this ay of 2014 by and among the CITY OF BRYAN,
TEXAS (the "City "), a home -rule munici I corporation of the State of Texas, acting by
and through its governing body, the City Council, and BRAZOS COUNTY, TEXAS
( "Brazos County "), acting by and through its governing body, the Commissioners Court,
(collectively referred to as the "Parties" or individually as a "Party "). This Agreement amends
the original Interlocal Agreement made pursuant to Chapter 791 of the Texas Government
Code and Chapter 311 of the Texas Tax Code for the participation of Brazos County in
REINVESTMENT ZONE NUMBER TEN, CITY OF BRYAN, TEXAS ( "Bryan Reinvestment
Zone Number Ten "), which reinvestment zone was created by Ordinance No. 1216 of the City
pursuant to Chapter 311 of the Texas Tax Code.
RECITALS
WHEREAS, the Parties entered into the Interlocal Agreement dated June 27, 2000
( "Interlocal Agreement ") which provided for the participation of Brazos County in the Bryan
Reinvestment Zone Number Ten; and
WHEREAS, the Parties desire to amend the lnterlocal Agreement to extend the length of
the County's participation in the Bryan Reinvestment Zone Number Ten and reduce the County's
percentage of participation during the extension period from 100% to 80 %.
NOW, THEREFORE, the Parties hereby agree to amend the Interlocal Agreement as
follows:
1. All capitalized terms not otherwise defined in the First Amendment shall have the
same meaning as set forth in the Interlocal Agreement.
2. Section 3, subsection (a) shall be amended to read as follows:
Section 3. OBLIGATIONS OF BRAZOS COUNTY.
(a) Tax Increment Participation. For and in consideration of the agreements of the
parties set forth herein, Brazos County agrees to participate in the Bryan Reinvestment Zone
Number Ten by contributing one hundred percent (100 %) of the ad valorem taxes collected by
Brazos County each year from the Effective Date of the Interlocal Agreement through FY 15,
and (80 %) of the ad valorem taxes collected by Brazos County each year commencing in
FY 16 through FY 24 (the "Extension Period ") on the Captured Appraised Value of real
property within the Bryan Reinvestment Zone Number Ten, less that portion of the ad
valorem taxes pledged by Brazos County to debt service. Currently, the tax rate upon which
the Brazos County Tax Increment Participation would be determined is based upon a tax
rate equal to (33.3440) per one hundred dollars valuation. However, the tax rate and the
portion of the tax rate pledged directly to debt service are subject to change and the Brazos
County Tax Increment Participation herein pledged shall change as both Brazos County's
tax rate and tax rate pledged to debt service changes.
Vol. 204 Pg.
3. Section 5 shall be amended to read as follows:
Section 5. TERM OF AGREEMENT. This Agreement shall become effective as of the
date of the final signature hereto, and shall remain in effect until the earlier of (i) May 1, 2025,
(ii) the date on which the Plan has been fully implemented and all Project Costs (as defined in
Texas Tax Code §311.002, and as may be further limited in the Plan), tax increment bonds,
interest on such tax increment bonds payable from tax increment collected on the Captured
Appraised Value of the real property within the Bryan Reinvestment Zone Number Ten have
been paid in full.
The first payment of increment taxes by Brazos County under this Agreement shall be for
those taxes as levied by Brazos County in the year 2000 and, notwithstanding the preceding
paragraph, the last payment by Brazos County under this Agreement is for those taxes levied by
Brazos County in the year 2024.
4. The Effective Date of this Agreement shall be the date the last Party signs the
Agreement.
5. Except as hereinabove set forth, the Interlocal Agreement shall remain valid and in
full force and effect.
EXECUTED this the day of July, 2014.
B OS C+I CITY OF BRYAN
Duane Peters, County Judge Jason P. Bienski, Mayor
ATTEST:
Karen McQueen, County Clerk
APPROVED AS TO FORM:
Rod Anderson, County Attorney
ATTEST:
Mary Lynne Stratta, City Secretary
APPROVED AS TO FORM:
Janis K. Hampton, City Attorney
Vol. 204 Pg. /-�%
�N
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT IN REINVESTMENT ZONE NUMBER TWO (2) FOR
COMMERCIAL — INDUSTRIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF BRAZOS §
This Amendment to Agreement for Development and Tax Abatement in
Reinvestment Zone Number Two (2) for Commercial — Industrial Tax Abatement, Brazos
County, Texas ( "Agreement') is entered into by and between BRAZOS COUNTY,
TEXAS, a political subdivision of the State of Texas, acting herein by and through its duly
elected Commissioners Court, (hereinafter referred to as "COUNTY "), and Axis Pipe and
Tube, Inc. a Delaware corporation (hereinafter collectively referred to as "OWNER ") and
replaces that similar Agreement previously entered into between the parties.
WITNESSETH:
WHEREAS, COUNTY ordered ( "Order') the designation of Tax Abatement
Reinvestment Zone No. 2 ( "Zone "), for commercial /industrial tax abatement, as
authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the
Texas Tax Code, as amended ( "Tax Code "); and,
WHEREAS, Brazos County, Texas is authorized under Chapter 312, Tax Code,
to participate in a reinvestment zone created within the COUNTY; and,
WHEREAS, the Brazos County Commissioners Court has adopted guidelines for
tax abatement ( "Tax Abatement Guidelines "): and,
C:\ Users \francisco.garza \App Data \Local \Microsoft \Windows \I NetCache \ConrenLOudonk \AQH N V DRE \First Amended Tax Abateme (it
Agreement Clcan.doc Page 1
Vol. 204 Pg. /,
LI
MI M
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and
criteria concerning tax abatement agreements to be entered into by the COUNTY as
contemplated by the Tax Code; and,
WHEREAS, the COUNTY has adopted a resolution stating that it elects to be
eligible to participate in tax abatement (the "Resolution "); and,
WHEREAS, in order to maintain and enhance the commercial and industrial
economic and employment base of Brazos County, Texas, it is in the best interests of
the taxpayers for the COUNTY to enter into this Agreement in accordance with said
Order, the Tax Abatement Guidelines and the Tax Code; and,
WHEREAS, OWNER owns real property described in Exhibit "A" ( "Premises ")
and intends to construct certain contemplated improvements described herein
( "Improvements "); and,
WHEREAS, OWNER'S development efforts described herein will create
permanent new jobs in the COUNTY; and,
WHEREAS, the Brazos County Commissioners Court finds that the
contemplated use of the Premises (hereinafter defined), and the contemplated
Improvements to the Premises thereto in the amount set forth in this Agreement, and
the other terms hereof are consistent with encouraging development of the Zone in
accordance with the purposes for its creation and/or in compliance with the Tax
Abatement Guidelines, the Resolution adopted by the COUNTY, the Tax Code and all
other applicable laws; and,
WHEREAS, the Brazos County Commissioners Court finds that the
Improvements sought are feasible and practicable and would be of benefit to the
C:\ Users \francisco.gana \AppData \Local \Microsoft\ Windows\ INetCache \Content.Outlook \AQHNVDflE \First Amended Tax Abatement
Agreement Clean.doc Page 2
Vol. 204 Pg. / I-�'
NO
Premises to be included in the Zone and to the COUNTY after expiration of this
Agreement; and,
WHEREAS, the COUNTY desires to enter into an agreement with OWNER,
being owner of Tangible Personal Property (hereinafter defined), within the Zone for the
abatement of taxes pursuant to Chapter 313 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, including the expansion of primary employment, the
attraction of major investment in the Zone, which contributes to the economic
development of Brazos County and the enhancement of the tax base in the COUNTY,
the parties agree as follows:
In this Agreement, an affiliate is any entity who or which, directly or indirectly,
through one or more intermediaries, controls or is controlled by, or is under common
control with Axis Pipe and Tube, Inc. (sometimes referred to herein as "Affiliate "). The
term "control' for these purposes means the ability, whether by ownership of shares or
other equity interest, by contract or otherwise, to elect a majority of the directors of a
corporation or have the power to remove and then select a majority of those persons
governing authority over an entity.
GENERAL PROVISIONS
1. The real property on which the real property Improvements, personal property and
equipment (collectively, "Property ") to be abated pursuant to this Agreement will be
situated, is a tract of land located within Brazos County and within the Zone, consisting of
C:\ Users \fmiicisco.garza \AppData \Local\ Microsoft\ Windows\ INetCaclte \ConwntOutlook \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 3
Vol. 204 Pg. 15 C,
— �1
approximately 185 acres of land, and being more particularly described by metes and
bounds in Exhibit "A" attached hereto and made a part hereof for all purposes ( "Land ").
2. OWNER of Property shall construct, or cause to be constructed, thereon a
product production and distribution facility having an initial minimum size of 385,000 sq.
ft. (and other ancillary facilities such as reasonably required parking and landscaping)
and any additions or expansions thereof as further described herein.
3. OWNER shall achieve a minimum investment valuation at its Facility (as defined in
paragraph 13), per Brazos County Appraisal District valuation, of ONE HUNDRED
TWENTY MILLION DOLLARS ($120,000,000.00) by November 1, 2016.
4. OWNER shall employ a minimum of two hundred eighty -five (285) full time
employees (FTEs) at its Facility with a minimum annual payroll of TEN MILLION FIVE
HUNDRED FORTY FIVE THOUSAND DOLLARS ($10,545,000.00) by November 1,
2016.
5. The approximate location of the initial real property Improvements shall be depicted
on a site plan or diagram attached to this Agreement as Exhibit 'B ". The Land and all
Improvements constructed thereon, including those initially constructed and any expansion
thereof will be hereinafter referred to as the "Premises ".
6. The Premises are not in an improved project financed by tax increment bonds.
7. This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the COUNTY.
8. The Premises are not owned by any member of the Bryan City Council or any
member of the Bryan Planning and Zoning Commission or Brazos County
C: \Users \francisco.garza \AppDeta \Local \Mirmsoft \Windows\ INetCache \ContenCOutlook \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 4
Vol. 204 Pg. 11 J
Commissioners Court, or any member of the governing body of any taxing units joining
in or adopting this Agreement.
9. For the purposes of this Agreement, the term "Tangible Personal Property"
shall mean tangible personal property, equipment and fixtures, inventory, and supplies,
owned and/or leased by OWNER or Affiliate and added to the Premises subsequent to
the execution of this Agreement.
9.a. Axis shall purchase an additional sixty (60) acres at a price of $0.94 per square
foot within eighteen twelve (18) months of the purchase of the approximately one
hundred sixty (160) acres.
TAX ABATEMENT AUTHORIZED
10, This Agreement is authorized by Chapter 312 of the Texas Tax Code and in
accordance with the County Tax Abatement Guidelines, and approved by the
Commissioners Court of the COUNTY authorizing the execution of this Agreement.
11. The period of tax abatement herein authorized shall be for a period of ten (10)
years, unless sooner terminated.
12. During the period of tax abatement herein authorized, OWNER shall be subject
to all COUNTY taxation not abated or otherwise exempt.
13. COUNTY hereby grants to OWNER, a partial exemption from ad valorem
taxation on the Premises plus the Tangible Personal Property ( "Facility ") as set forth in
this Section, subject to all of the terms and conditions contained in this Agreement
( "Abatement "). The Abatement during each tax year covered by this Agreement shall
be computed by taking a percentage of the increase in value of the Facility on January
C:\ Users \rrancisco.gama \AppData \Local\ Microsoft\ Windows\ INetCache \ContentOutlook \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 5
Vol. 204 Pg. �3�
11
1st of each tax year over the value on January 1st of 2013 which is the year this
Agreement was executed by OWNER and COUNTY. The Abatement percentages are
as follows:
Tax Year Tax Abatement Percenta
Year
1 (2013)
100
Year
2 (2014)
100
Year
3 (2015)
100
Year
4 (2016)
100
Year
5 (2017)
80
Year
6 (2018)
70
Year
7 (2019)
70
Year
8 (2020)
50
Year
9 (2021)
40
Year
10 (2022)
30
The COUNTY shall give an Abatement of 100% of the appraised valuation of the
Premises for Years one (1) through four (4). In Year five (5), the COUNTY shall give an
Abatement of 80% of the appraised valuation of the Premises. In Years six (6) and
seven (7), the COUNTY shall give an Abatement of 70% of the appraised valuation of
the Premises. In Year eight (8), the COUNTY shall give an Abatement of 50% of the
appraised valuation of the Premises. In Year nine (9), the COUNTY shall abate 40% of
the appraised valuation of the Premises. In Year ten (10), the COUNTY shall abate
30% of the appraised valuation of the Premises.
For purposes of this section, the value of the Land was $7,100,000.00 on
January 1, 2013. For purposes of this section, the personal property and equipment to
be abated had a value of $0.00 on January 1, 2013, because it was not situated on the
Premises on that date.
REQUIREMENTS
C: \Users \francisco.gama \AppData\ Local \Microsoft\ Windom\ INetCache \Conten40utlook \AQHNVDRF. \First Amended Tac Abatement
Agreement Clean.doc Page 6
Vo1.204 Pg. 133
14. All of the following obligations of OWNER form the consideration for COUNTY
entering into this Agreement:
a. OWNER shall construct a production and distribution Facility on the Premises
with an initial minimum size of 385,000 square feet, and the valuation of the Facility,
which shall include the production and distribution facility, may also include any
expansions thereof on or other Improvements on the Premises, shall be ONE
HUNDRED TWENTY MILLION DOLLARS ($120,000,000.00) in value as established by
the Brazos County Appraisal District, by November 1, 2016. The Owner must maintain
a valuation on the Premises of at least ONE HUNDRED TWENTY MILLION DOLLARS
($120,000,000.00) as established by the Brazos County Appraisal District beginning in
2018 (Year 6) and continue throughout the remaining term of the Agreement. The
Brazos County Appraisal District shall determine the value of all real and personal
property during the term of this Agreement.
b. Axis shall purchase an additional sixty (60) acres (Expansion Tract) at a price
of $0.94 per square foot within eighteen Zwelve (18) months of the purchase of the one
hundred sixty (160) acres.
c. A schedule of current estimates for Tangible Personal Property shall be
attached as Exhibit "C" hereto and made a part hereof for all purposes no later than
thirty days following the execution of this Agreement.
d. OWNER shall employ a minimum of two hundred eighty -five (285) full time
employees ( "FTEs ") at its Facility with an annual payroll of, a minimum of, TEN
MILLION FIVE HUNDRED FORTY FIVE THOUSAND DOLLARS ($10,545,000.00) by
C:\ Users \francis .gana \AppData \Local \Microsoft\ Windows\ INetCache \Content.Outlook \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 7
Vol. 204 Pg. / 3
NO
November 1, 2016, and maintain this valuation, at a minimum, from 2018 (Year 6)
throughout the term of this Agreement.
15. The term of the Agreement shall be ten (10) years.
16. OWNER agrees that the site plan, exterior design drawings, specifications and
materials (hereinafter referred to as "Plans ") for the Improvements will be submitted to
COUNTY for review not later than thirty (30) days following the execution of this
Agreement. Upon acceptance of the Plans by the COUNTY, the Plans shall become a
part of this Agreement and incorporated hereto at Exhibit "O." An official set of Plans will
be kept on file with the COUNTY.
17. OWNER agrees to occupy the Improvements (except as otherwise permitted under
Paragraph 34 hereof) and locate Tangible Personal Property on the Premises. Nothing
in this Agreement shall obligate OWNER to construct the Improvements on the Land,
nor obligate OWNER to occupy the Improvements, and /or to locate Tangible Personal
Property on the Premises but said actions are a condition precedent to Abatement
pursuant to this Agreement.
18. OWNER agrees to provide COUNTY and its designees access to the Premises
during regular business hours throughout the term of this Agreement for the purposes of
inspection and examination of books, records, construction, workmanship, materials,
and installations to determine that OWNER has complied with any requirement of this
Agreement to inspect the Improvements at reasonable times and with reasonable notice
to OWNER, and in accordance with OWNER'S visitor access and security policies.
C:\ Users \francisco.gama \AppOata \Local \Microsoft\ Windows \lNetCache \ContencOutl ok \AQHNVDRE \First Amended Tax Abatement
Agreement Clcan.doc Page 8
Vol. 204 Pg. /3�
M
19. OWNER agrees that COUNTY assumes no liability or responsibility by approving
plans, issuing building permits or making inspections in the event there is a defect in the
Improvements constructed on the Premises. The relationship between COUNTY,
OWNER and any taxing unit shall not be deemed to be a partnership or joint venture for
purposes of this Agreement.
20. OWNER shall indemnify, hold harmless and defend COUNTY, its employees,
officials, and agents from and against any and all obligations, claims, suits, demands
and liability or alleged liability, including costs of suit, attorney's fees, damages,
judgments, or settlements and related expenses arising in any manner from OWNER's
construction, use and operation of the Premises.
21. OWNER agrees to pay all ad valorem taxes and assessments (except as abated
pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes
and /or assessments becoming delinquent. OWNER shall have the right to contest in
good faith the validity or application of any such tax or assessment and shall not be
considered in default hereunder so long as such contest is diligently pursued to
completion. In the event that OWNER contests such tax or assessment, all
uncontested taxes and assessments shall be promptly paid to COUNTY prior to
delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and keep
COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in
any such contest, OWNER shall promptly pay all taxes, penalties and interest resulting
therefrom.
CONSTRUCTION OF THE IMPROVEMENTS
C \Users \francisco,garza \App Data \Local \Microsoft\ Windows \INetCache \ContenLOutlook \AQHN VDRE \First Amended Tax Abatement
Agreement Clean.doc Page 9
Vol. 204 Pg. /-
22. As a condition precedent to the initiation of Abatement pursuant to this
Agreement, OWNER will diligently and faithfully, in good and workmanlike manner,
pursue the completion of the contemplated Improvements on or before November 1,
2016, as good and valuable consideration for this Agreement, and that all construction
of the Improvements will be in accordance with all applicable state and local laws,
codes, and regulations, (or valid waiver thereof); provided, that OWNER shall have such
additional time to complete and maintain the Improvements as may be required in the
event of "Force Majeure," if OWNER is diligently and faithfully pursuing completion of
the Improvements. For the purposes of this Agreement, the term "Force Majeure" shall
mean any contingency or cause beyond the reasonable control of OWNER including,
without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless
caused by acts or omissions of OWNER), fires, explosions or floods, strikes, slowdowns
or work stoppages.
23. OWNER agrees to maintain the Improvements during the term of this Agreement
in accordance with all applicable state and local laws, codes, and regulations (or valid
waiver thereof). OWNER agrees that the Improvements shall be used to support
consumer products production and distribution for the term of this Agreement.
24. The COUNTY, its agents and employees shall have the right of access to the
Premises during construction to inspect the Improvements at reasonable times and with
reasonable notice to OWNER, and in accordance with OWNER'S visitor access and
security policies, in order to insure that the construction of the Improvements are in
C:\ Users \francism.garza \AppData \Locat \Microsoft\ Windows\ INetCache \Content.Outlook \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 10
Vol. 204 Pg. 1,5 7
accordance with this Agreement and all applicable state and local laws and regulations
(or valid waiver thereof).
GENERAL REQUIREMENTS
25. Site plans for the Improvements constructed on the Premise will be filed with the
COUNTY, which shall be deemed incorporated by reference herein and made a part
hereof for all purposes.
26. After completion of the Improvements, OWNER shall certify in writing to the
COUNTY the construction cost of the Improvements.
27. OWNER shall, prior to March 1 of each calendar year, certify in writing to the
COUNTY or its designated agent that it is in compliance with the Agreement.
28. The Premises shall be used in the manner that is consistent with the general
purposes of encouraging development or redevelopment within the Zone.
29. OWNER agrees to continuously occupy the Improvements for a period of ten
(10) years commencing the Year 1 of Abatement, except as otherwise permitted under
Paragraph 34 hereof.
DEFAULT: RECAPTURE OF ABATED TAX
30. In the event OWNER (i) fails to complete the Improvements in accordance with
this Agreement; (ii) has delinquent ad valorem or sales taxes owed to the COUNTY
(provided such party retains its right to timely and properly protest such taxes or
assessment); (iii) has an "Event of Bankruptcy or Insolvency "; or (iv) breaches any of
the terms and conditions of this Agreement, then such party, after the expiration of the
notice and cure periods described below, shall be in default of this Agreement (the
"Defaulting Party "). As liquidated damages in the event of such default, the OWNER
C: \Users \fmncisco.gana \AppDam \Local\ Microsoft\ Windows\ INetCache \ContentOutlook \AQHNVDRE \First Amended Tax Abatement
Agreement Cleamdoc Page 11
Vol. 204 Pg. 1,3S
�1
I
shall, within thirty (30) days after demand, pay to the COUNTY all taxes which
otherwise would have been paid to the COUNTY without benefit of a tax abatement with
interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the
Tax Code, as amended. The parties acknowledge that actual damages in the event of
default termination would be speculative and difficult to determine. The parties further
agree that any abated tax, including interest as a result of this Agreement, shall be
recoverable against the OWNER, their respective successors and assigns and shall
constitute a tax lien on the Premises and /or the Tangible Personal Property, as the case
may be, shall become due, owing and shall be paid to the COUNTY within thirty (30)
days after default or termination of this Agreement. However, County shall not
recapture taxes, penalties, or damages, liquidated or otherwise, for years in which
Owner was in compliance with this Agreement. For the purposes of this Agreement the
term "Event of Bankruptcy or Insolvency' shall mean that (i) OWNER, on a consolidated
basis, admits in writing its inability to pay its debts as they become due, subject to
applicable grace periods, or commences any Insolvency Proceeding (as hereinafter
defined) with respect to itself, (ii) any involuntary Insolvency Proceeding is commenced
or filed against OWNER or any of its material subsidiaries, and any such proceeding or
petition shall not be dismissed within one hundred twenty (120) days after
commencement or filing; or (iii) OWNER or any of its material subsidiaries acquiesces in
the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in
possession (or agent therefor), or other similar person for itself or a substantial portion
of its property or business. "Insolvency Proceeding" means (a) any case, action or
proceeding before any court or other governmental authority relating to bankruptcy,
Q\ Users \franclsco.gana \App Data \Local\ Microsoft\ Windows \INet Cache \ContenCOuti ok \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 12
Vol. 204 Pg. / 5 i
reorganization, insolvency, liquidation, receivership, dissolution, winding -up or relief of
debtors, or (b) any general assignment for the benefit of creditors, composition,
marshaling of assets for creditors, or other, similar arrangement in respect of its
creditors generally or any substantial portion of its creditors; in each case in (a) and (b)
above, undertaken under U.S. Federal, state or foreign law, including the United States
Bankruptcy Code.
31. Upon breach by OWNER of any obligations under this Agreement, the COUNTY
shall notify the OWNER in writing. OWNER shall have thirty (30) days from receipt of
the notice in which to cure any such breach.
ANNUAL APPLICATION FOR EXEMPTION, RENDITION
32. It shall be the responsibility of the OWNER, pursuant to the Tax Code, to file
annually the Application for Property Tax Abatement Exemption, the current form of
which is attached hereto as Exhibit "F ", which the eligible taxable property has situs. A
copy of the exemption application shall upon written request be submitted to the
COUNTY.
33. OWNER shall annually render the value of the Improvements and the Tangible
Personal Property to the Brazos County Appraisal District and upon written request
provide a copy of the same to the COUNTY.
SUCCESSOR AND ASSIGNS
34. This Agreement shall be binding on and inure to the benefit of the parties to it
and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. OWNER shall not assign this Agreement without the written
approval of the COUNTY. If OWNER assigns this Agreement without written approval
C: \Users \francisco.garza \AppData\ Local \Microsoft\ Windows\ INetCache \ContenLOutlook \AQHNVORE \First Amended Tax Abatement
Agreement Clean.doc Page 13
Vol. 204 Pg. /z/'o
of the Brazos County Commissioner's Court, this Agreement shall terminate
immediately and the partial abatement of any property taxes shall cease from the date
such unauthorized assignment occurred.
MISCELLANEOUS.
35. Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective while this Agreement is in effect,
such provision shall be automatically deleted from this Agreement and the legality,
validity and enforceability of the remaining provisions of this Agreement shall not be
affected thereby, and in lieu of such deleted provision, there shall be added as part of
this Agreement a provision that is legal, valid and enforceable and that is as similar as
possible in terms and substance as possible to the deleted provision.
36. Texas law to appl . This Agreement shall be construed under and in
accordance with the laws of the State of Texas and the obligations of the parties
created hereunder are performable by the parties in Brazos County, Texas. Venue for
any litigation arising under this Agreement shall be in a court of appropriate jurisdiction
in Brazos County, Texas.
37. Sole Agreement. This Agreement constitutes the sole and only Agreement of the
parties hereto respecting the subject matter covered by this Agreement, and
supersedes any prior understandings or written or oral agreements between the parties.
38. Amendments. No amendment, modification or alteration of the terms hereof
shall be binding unless the same shall be in writing and dated subsequent to the date
hereof and duly executed by the parties hereto.
C: \Users \frandsco.garza \App Data \Local \Miaosoft\ Windows\I NetCache \Content.0utlook \AQHNVDEE \First Amended Tax Abatement
Agreement Clean.doc Page 14
Vol. 204 Pg.
39. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by either party shall
not preclude or waive its right to use any and all other legal remedies. Said rights and
remedies are provided in addition to any other rights the parties may have by law,
statute, ordinance or otherwise.
40. No Waiver. COUNTY's failure to take action to enforce this Agreement in the
event of OWNER's default or breach of any covenant, condition, or stipulation herein on
one occasion shall not be treated as a waiver and shall not prevent COUNTY from
taking action to enforce this Agreement on subsequent occasions.
41. Notices. COUNTY and OWNER hereby designate the following individuals to
receive any notices required to be submitted pursuant to the terms of this Agreement:
COUNTY
Duane Peters
Brazos County Judge
Brazos County
300 East 261h Street
Bryan, Texas 77805
OWNER
Axis Pipe and Tube, Inc.
770 ���rr. camas- C.-,
42. Incorporation of Recitals. The determinations recited and declared in the
preambles to this Agreement are hereby incorporated herein as part of this Agreement.
43. Incorporation of Exhibits. All exhibits to this Agreement are incorporated
herein by reference for all purposes wherever reference is made to the same.
44. Duplicate Originals. The parties hereto have executed this Agreement in
duplicate originals, each of equal dignity. Each party has stated the execution date
C:\ Users \rrancisco.garza \AppData \Local \Micros ft\ Windows\ INetCache \Content.0utlaok \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 15
4'
Vol.-204 Pg.
below the signature of its authorized representative. If the parties sign this Agreement
on different dates, the later date shall be the effective date of this Agreement for all
purposes.
In witness whereof the parties have executed this Agreement to be effective as of
the date of the last party's execution:
RAZ S C LINTY, TEXAS
By: V
Duane Peters, County Judge
Date: �!t
AXIS PIPE AND TUBE, INC.
a Delaware corporation
02
By: 4
Name: 64,A--L42,
Title: y -p -k E.Tr�r�+ac_ µAe �4v�iL
Date: T y 2 9 i uhf
EXHIBIT "A"
PREMISES
Tract One:
Being 159.047 acres (6,928,062 square feet), more or less, lying and being situated in the L.
McLaughlin Survey, Abstract No. 38, out of and a part of a called 725.31 acre tract or parcel of land,
lying and being situated in the L. McLaughlin Survey, Abstract No. 38, in the W. S. Martin Survey,
Abstract No. 35, in the O. Wilcox Survey, Abstract No. 234, in the M. Mitchell Survey, Abstract No.
181, and in the A. G. Gholson Survey, Abstract No. 123, Brazos County, Texas. as described in the
Partition and Exchange Agreement by and between Esther Jane Grant McDougal, et vir, and Diebel
Family Partners, Ltd, as recorded in Volume 2601, Page 98, of the Official Records of Brazos
County, Texas
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1/2" IRON ROD WITH CAP #2003 MARKING THE MOST
NORTHERLY CORNER OF THE SAID 725.31 ACRE TRACT;
C:\ Users \francisco.gama \AppData \Local \Microsoft\ Windows\l N etCache \ContenC0utlook \AQHNVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 16
Vol. 204 Pg. / �
THENCE: SOUTH 41 DEGREES 08 MINUTES 17 SECONDS WEST, WITH A NORTHWEST
LINE OF THE SAID 725.31 ACRE TRACT, A DISTANCE OF 2696.93 FEET TO A FOUND 1/2"
IRON ROD FOR CORNER;
THENCE: SOUTH 48 DEGREES 23 MINUTES 43 SECONDS EAST, WITH A SOUTHWEST
LINE OF THE SAID 725.31 ACRE TRACT, A DISTANCE OF 924.93 FEET TO A FOUND 1/2"
IRON ROD FOR CORNER;
THENCE: SOUTH 41 DEGREES 48 MINUTES 08 SECONDS WEST, WITH A NORTHWEST
LINE OF THE SAID 725.31 ACRE TRACT, A DISTANCE OF 204.12 FEET TO A SET 1/2" IRON
ROD WITH CAP FOR CORNER;
THENCE: SOUTH 48 DEGREES 23 MINUTES 43 SECONDS EAST, A DISTANCE OF 963.46
FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 62 DEGREES 10 MINUTES 53 SECONDS EAST, A DISTANCE OF 3110.67
FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER IN THE SOUTHWEST LINE OF
THE UNION PACIFIC RAILROAD 100' RIGHT OF WAY;
THENCE: NORTH 48 DEGREES 24 MINUTES 53 SECONDS WEST, WITH THE SOUTHWEST
LINE OF THE UNION PACIFIC RAILROAD 100' RIGHT OF WAY, A DISTANCE OF 2763.10
FEET TO A FOUND 1/2" IRON ROD WITH CAP #2003 FOR BEGINNING OF CURVE TO THE
LEFT;
THENCE: AROUND SAID CURVE TO THE LEFT TO A FOUND 1/2" IRON ROD WITH CAP
#2003 ON SAID CURVE HAVING A RADIUS OF 2814.93 FEET, ARC DISTANCE OF 240.12
FEET, CHORD DISTANCE OF 240.05 FEET AND CHORD BEARING OF NORTH 50 DEGREES
51 MINUTES 30 SECONDS WEST TO THE PLACE OF BEGINNING AND CONTAINING
6,928,062 SQUARE FEET OR 159.047 ACRES OF LAND.
Tract Two:
Being 23.684 acres (1,031,693 square feet), more or less, out of and a part of the following tracts
lying and being situated in the L. McLaughlin Survey, Abstract No. 38, Brazos County, Texas:
1.) 100.805 acres as described indeed executed by Clara M. Konecny, eta[ to The City of Bryan,
recorded in Volume 296, Page 216, Deed Records of Brazos County, Texas.
2.) 29.726 acres as described in deed executed by Esther Jane Grant McDougal to The City of Bryan,
recorded in Volume 307, Page 200, Deed Records of Brazos County, Texas.
3.) 29.726 acres as described in deed executed by Pauline Bruce Grant to The City of Bryan, recorded
in Volume 307, Page 204, Deed Records of Brazos County, Texas.
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1/2" [RON ROD WITH CAP #2003 MARKING THE MOST
C:\ Users \fianciscn.garza \AppData \Local\ Microsoft\ Windows\ INetCache \ContentOutlwk \AQIINVURE \First Amended Tax Abatement
Agreement Clean.Aac Page 17
Vo1.204 Pg. /��
EASTERLY CORNER OF THE SAID (3.) 29.726 ACRE TRACT RECORDED IN VOLUME 307,
PAGE 204 O.R.B.C.T.;
THENCE: SOUTH 41 DEGREES 08 MINUTES 17 SECONDS WEST, WITH A SOUTHEAST
LINE OF THE SAID (3.) 29.726 ACRE TRACT, A DISTANCE OF 2696.93 FEET TO A FOUND
1/2" IRON ROD FOR CORNER BEING THE SOUTHERLY CORNER OF THE SAID (2,) 29.726
ACRE TRACT RECORDED IN VOLUME 307, PAGE 200 O.R.B.C.T.;
THENCE: SOUTH 48 DEGREES 23 MINUTES 43 SECONDS EAST, WITH A NORTHEAST
LINE OF THE SAID (1.) 100.805 ACRE TRACT RECORDED IN VOLUME 296, PAGE 216
O.R.B.C.T., A DISTANCE OF 924.93 FEET TO A FOUND 1/2" IRON ROD FOR CORNER;
THENCE: SOUTH 41 DEGREES 48 MINUTES 08 SECONDS WEST, WITH A SOUTHEAST
LINE OF THE SAID (1.) 100.805 ACRE TRACT, A DISTANCE OF 204.12 FEET TO A SET 1/2"
IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 48 DEGREES 23 MINUTES 43 SECONDS WEST, A DISTANCE OF 1191.57
FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 41 DEGREES 08 MINUTES 17 SECONDS EAST, A DISTANCE OF 401.79
FEET TO A SET 1/2" IRON ROD WITH CAP CORNER;
THENCE: SOUTH 48 DEGREES 51 MINUTES 43 SECONDS EAST, A DISTANCE OF 200.00
FEET TO A SET I/2" IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 41 DEGREES 08 MINUTES 17 SECONDS EAST, A DISTANCE OF 177.57
FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 07 DEGREES 21 MINUTES 46 SECONDS EAST, A DISTANCE OF 147.29
FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 48 DEGREES 51 MINUTES 43 SECONDS WEST, A DISTANCE OF 118.12
FEET TO A SET 1/2" IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 41 DEGREES 08 MINUTES 17 SECONDS EAST, A DISTANCE OF 1397.45
FEET TO A SET I/2" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE
LEFT;
THENCE: AROUND SAID CURVE TO THE LEFT TO A SET 1/2" IRON ROD WITH CAP ON
SAID CURVE HAVING A RADIUS OF 470.87 FEET, ARC DISTANCE OF 336.78 FEET,
CHORD DISTANCE OF 329.64 FEET AND CHORD BEARING OF NORTH 20 DEGREES 38
MINUTES 54 SECONDS EAST TO THE END OF CURVE;
THENCE: NORTH 00 DEGREES 09 MINUTES 31 SECONDS EAST, A DISTANCE OF 182.74
FEET TO A SET 1/2" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE
RIGHT;
C: \Users\trancism.garza \Appl)ata \Local \MicrnsoR\ Windows\ INetCacbe \Content,OuHook \AQHNVORE \First Amended Tax Abatement
Agreement CleartAnc Page 18
Vol.-204 Pg. L'�J-
THENCE: AROUND SAID CURVE TO THE RIGHT TO A SET 1/2" IRON ROD WITH CAP ON
SAID CURVE HAVING A RADIUS OF 430.04 FEET, ARC DISTANCE OF 263.14 FEET,
CHORD DISTANCE OF 259.05 FEET AND CHORD BEARING OF NORTH 17 DEGREES 41
MINUTES 17 SECONDS EAST TO A CORNER IN THE SOUTHWEST LINE OF THE UNION
PACIFIC RAILROAD 100' RIGI-IT OF WAY;
THENCE: SOUTH 65 DEGREES 41 MINUTES 36 SECONDS EAST, A DISTANCE OF 10.62
FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE: AROUND SAID CURVE TO THE RIGHT TO A FOUND 1/2" IRON ROD WITH CAP
#2003 ON SAID CURVE HAVING A RADIUS OF 2814.93 FEET, ARC DISTANCE OF 608.78
FEET, CHORD DISTANCE OF 607.59 FEET AND CHORD BEARING OF SOUTH 59 DEGREES
29 MINUTES 52 SECONDS EAST TO THE PLACE OF BEGINNING AND CONTAINING
1,031,693 SQUARE FEET OR 23.684 ACRES OF LAND.
Tract Three:
Access Easement created by that certain Private Drive Access Easement dated July 24, 2013 and
recorded in Volume 11505, Page 22, Official Records of Brazos County, Texas, over and across the
following tract or parcel of land:
Being 3.508 acres, more or less, out of and a part of the following tracts lying and being situated in
the L. McLaughlin Survey, Abstract No. 38, Brazos County, Texas and situated in the 0. Wilcox
Survey, Abstract No. 284, Brazos County, Texas:
1.) 100.805 acres as described in deed to The City of Bryan, recorded in Volume 296, Page 216, Deed
Records of Brazos County, Texas.
2.) 133.016 acres as described in deed to The City of Bryan, recorded in Volume 291, Page 576, Decd
Records of Brazos County, Texas.
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1/2" IRON ROD MARKING THE MOST NORTHWESTERLY
CORNER OF A 29.726 ACRE TRACT RECORDED IN VOLUME 307, PAGE 204 O.R.B.C.T.;
THENCE: SOUTH 61 DEGREES 41 MINUTES 36 SECONDS EAST, WITH THE NORTHEAST
LINE OF THE SAID 29.726 ACRE TRACT, BEING THE SOUTH RIGHT -OF -WAY (R.O.W.)
LINE OF UNION PACIFIC RAILROAD (FORMERLY SOUTHERN PACIFIC RAILROAD), A
DISTANCE OF 204.43 FEET TO A POINT;
THENCE: SOUTH 24 DEGREES I I MINUTES 25 SECONDS WEST, A DISTANCE OF 99.63
FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE LEFT;
THENCE: AROUND SAID CURVE TO THE LEFT TO A POINT ON SAID CURVE HAVING A
RADIUS OF 185.00 FEET, ARC DISTANCE OF 152,81 FEET, CHORD DISTANCE OF 148.50
C:\ Users \francisco.gaua \App Data \Local \ Micros oft\ Windows\ INetCaChe \ContentWUook \AQHNVDRE\Fint Amended Tax Abatement
Agreement Oean.doc Page 19
Vol. 204 Pg. /fa,
ERA
FEET AND CHORD BEARING OF SOUTH 00 DEGREES 31 MINUTES 40 SECONDS WEST
TO THE END OF CURVE;
THENCE: SOUTH 23 DEGREES 08 MINUTES 04 SECONDS EAST, A DISTANCE OF 181.96
FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE: AROUND SAID CURVE TO THE RIGHT TO A POINT ON SAID CURVE HAVING A
RADIUS OF 115.00 FEET, ARC DISTANCE OF 46.75 FEET, CHORD DISTANCE OF 46.43
FEET AND CHORD BEARING OF SOUTH 11 DEGREES 29 MINUTES 16 SECONDS EAST TO
THE END OF CURVE;
THENCE: SOUTH 00 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 61.88
FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE: AROUND SAID CURVE TO THE RIGHT TO A POINT ON SAID CURVE HAVING A
RADIUS OF 400.87 FEET, ARC DISTANCE OF 286.71 FEET, CHORD DISTANCE OF 280.64
FEET AND CHORD BEARING OF SOUTH 20 DEGREES 38 MINUTES 54 SECONDS WEST
TO THE END OF CURVE;
THENCE: SOUTH 41 DEGREES 08 MINUTES 17 SECONDS WEST, A DISTANCE OF 2099.24
FEET TO THE POINT OF BEGINNING;
THENCE: SOUTH 40 DEGREES 55 MINUTES I l SECONDS WEST, A DISTANCE OF 1155.51
FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE LEFT;
THENCE: AROUND SAID CURVE TO THE LEFT TO A POINT ON SAID CURVE HAVING A
RADIUS OF 450.00 FEET, ARC DISTANCE OF 509.13 FEET, CHORD DISTANCE OF 482.41
FEET AND CHORD BEARING OF SOUTH 08 DEGREES 30 MINUTES 26 SECONDS WEST
TO THE END OF CURVE;
THENCE: SOUTH 23 DEGREES 54 MINUTES 19 SECONDS EAST, A DISTANCE OF 363.43
FEET TO A POINT FOR THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE: AROUND SAID CURVE TO THE RIGHT TO A POINT ON SAID CURVE HAVING A
RADIUS OF 145.00 FEET, ARC DISTANCE OF 154.40 FEET, CHORD DISTANCE OF 147.21
FEET AND CHORD BEARING OF SOUTH 06 DEGREES 35 MINUTES 58 SECONDS WEST
TO THE END OF CURVE, BEING IN THE NORTHEAST LIMIT OF MUMFORD ROAD;
THENCE: SOUTH 46 DEGREES 58 MINUTES 33 SECONDS EAST, A DISTANCE OF 70.25
FEET TO A SET' /z" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE
LEFT;
THENCE: AROUND SAID CURVE TO THE LEFT TO A SET %2" IRON ROD WITH CAP ON
SAID CURVE HAVING A RADIUS OF 215.00 FEET, ARC DISTANCE OF 236.18 FEET,
CHORD DISTANCE OF 224.48 FEET AND CHORD BEARING OF NORTH 07 DEGREES 33
C:\ Users \fmncisro.pna \AppOata \Loral\ Microsoft\ Windows\ INetCache \ContentOutlook \AQHNVDRE \First Amended Tax Abatement
Agreement CleanAoc Page 20
Vol. 204 Pg. /0
MINUTES 54 SECONDS EAST TO THE END OF CURVE;
THENCE: NORTH 23 DEGREES 54 MINUTES 19 SECONDS WEST, A DISTANCE OF 363.43
FEET TO A SET 'h" IRON ROD WITH CAP FOR THE BEGINNING OF A CURVE TO THE
RIGHT;
THENCE: AROUND SAID CURVE TO THE RIGHT TO A SET %" IRON ROD WITH CAP ON
SAID CURVE HAVING A RADIUS OF 380.00 FEET, ARC DISTANCE OF 429.94 FEET,
CHORD DISTANCE OF 407.37 FEET AND CHORD BEARING OF NORTH 08 DEGREES 30
MINUTES 26 SECONDS EAST TO THE END OF CURVE;
THENCE: NORTH 40 DEGREES 55 MINUTES I I SECONDS EAST, A DISTANCE OF 1154.67
FEET TO A SET' /a" IRON ROD WITH CAP FOR CORNER;
THENCE: NORTH 48 DEGREES 23 MINUTES 43 SECONDS WEST, A DISTANCE OF 70.00
FEET TO THE POINT OF BEGINNING AND CONTAINING 1.52,832 SQUARE FEET OR 3.508
IMPROVEMENTS
C:\ Users \fmncisco.garza \AppData \Local \Microsoft\ Windows \INetCache \Content.Outlook \AQHNV DRF \First Amended Tax Abatement
Agreement Clean.doc Page 21
Vol. 204 Pg. _L Z!,
EXHIBIT "C"
SCHEDULE OF EQUIPMENT AND TANGIBLE PERSONAL PROPERTY
C:\ Users \fmncisco.gana \AppData \Local \Microsoft\ Windows \INetCache \Content.Dudook \AQHN VDRE \First Amended Tax Abatement
Agreement Clean.doc Page 22
Vol. 204 Pg.
EXHIBIT "D"
PLANS
C: \Users \framism.gama \AppData \Local \Microsoft \Windows \INet Cache \Content.0utlook \AQHNVDRE \First Amended Tax Ahatement
Agreement Clean.doc Page 23
Vol. 204 Pg. 4,50
EXHIBIT "E"
STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL . INDUSTRIAL TAX
ABATEMENT WITH PROLAMSA, INC. IN BRAZOS COUNTY REINVESTMENT ZONE TWO (2)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
( "OWNER ") hereby certifies any improvements on the Property, as called for in the
above referenced Agreement, have been completed and constructed in every material respect pursuant
to said Agreement. Owner further certifies that they have complied with every applicable material term of
said Agreement.
BY:
ITS:
Signed this _ day of , 20_
Any above -described improvements have been accepted by the Brazos County, Texas as having
been constructed in compliance with the above referenced Agreement, and that pursuant to said
Agreement the partial exemption from taxation shall commence on January 1, 20_ continuing through
the year 20_, which will be the last year that the property will be entitled to exemption from taxation in
accordance with this Agreement, and that the taxable value of the Premises for such period of time shall
be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos
County Appraisal District on January 10 of each year of the term of the Agreement.
Signed this _ day of —,20—.
ATTEST: BRAZOS COUNTY, TEXAS
By:
Brazos County Clerk Brazos County Judge
C: \Users \fmmism.gam \AppData \Local \Micros ft\ Windows \[Net Cache \ContentOuNoak \AQHNVDRE \Fiat Amended Tax Abatement
Agreement Clean.doc Page 24
Vol.-204 Pg. /S'/
r
EXHIBIT "E"
APPLICATION FOR PROPERTY TAX ABATEMENT EXEMPTION
AVAl16tT10N 1011 PROPawrY 1Ax
C. \[)wrs \franCisco.garza \App Data \Local \Microsoft\ Windows \INetCache \Content0utlook \AQI INVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 25
Vol. 204 Pg. 115 �
aaY_r 1.M App ar On...r O..Yw 4.Wr. rP rgm..n mr.w.n. r.ai..M6 vbn nY�l reb ba�l..saa.n
._P A_ •.Y wr N r.ni.O..Y) �rl
OMIY
__
_w. r.1
tl�r
Mrrr.rr —
Aun n
MMO Ar
.yr..rnr.ehJ
..r nr
Y+_Lw.r.u.r�r.YY YI... �w.Y.i.w�wY tl.4r.r YMbr.
•I.PI �(AM
Mrlrw l/._.V11r♦rmbW�W.VV...C...pr. e.O•Yrd��w.. �. P�.r..Y. Y.. Y.rM
C.M
Q
wr.....
o....o.......... e. _. er.n, _. _ ED » O
A4VY
.�O'wY.ry1..VMYe•..'M'PrI PY M.rwYYr wb...r�4M. ,_I.r✓.tly.N
du
-
1®NIWAI
r..wYO
�...nu.�n.rr.ra�s..ww.rrrr.�rr_ raw. rawra rw.4r raw �.al.r. rr
`r.1
n yW m.4.IrM .tr.m.w{ w N.pPYSE.M1 w ..wa M lartl pWy r . dr. A.inr.Y�_
.I.41M Mwm uMr lYr. Mn.l O.O. MMf.. O1.IQ
C. \[)wrs \franCisco.garza \App Data \Local \Microsoft\ Windows \INetCache \Content0utlook \AQI INVDRE \First Amended Tax Abatement
Agreement Clean.doc Page 25
Vol. 204 Pg. 115 �
to
DIR- CTS -CSA-
`Si'
Department of Information Resources
Communications Technology Services Division
Service Agreement
This service agreement is between the Department of Information Resources /Communications
Technology Services Division (DIR/CTS) and the Customer. It is the intent of the parties to
comply with the provisions of Texas Government Code Chapter 771, Interagency Cooperative Act
and /or Chapter 791 Interlocal Cooperation Act as applicable, and Title 10, Subtitle D, Chapter
2170, Telecommunication Services, Texas Government Code.
I. DIR/CTS Responsibilities
1.1 DIR/CTS agrees to provide Customer with connectivity through various transmission methods to
the TEX -AN network for specific communications services including, but not limited to, video, voice,
routed data, Internet and/or equipment (hereinafter "services ").
1.2 DIR/CTS will assist and advise the Customer in determining the best and most economical usage of
the services.
1.3 DIR/CTS will bill monthly for services, as required and respond to inquiries regarding Customer's
bill. DIR/CTS shall commence billing for services as they are provisioned.
II. Customer Responsibilities
2.1 Customer shall comply with the DIR rules applicable to the Communications Technology Services
Division, 1 TAC Chapter 207, as the same may be amended from time to time.
2.2 Customer has the responsibility to cooperate and coordinate with DIR/CTS so as to avoid delaying
DIR/CTS in the provisioning of and billing for ordered services. Specifically, it is the Customer's
responsibility to designate, in a timely manner; the types of service desired and provide DiR/CTS with
information which may affect technical, logistical, engineering, or equipment aspects of service
delivery. The Customer is exclusively responsible for any equipment added to their premises for
connectivity to TEXAN services. Customer shall keep DIR/CTS promptly informed of its billing
contact, address, telephone numbers, eligibility status and technical contact, and changes to any of the
foregoing. Customer understands and agrees that its failure to timely perform its duties, which delay
DIR/CTS in the delivery of ordered services, is not a condition of Force Majeure.
2.3 Payments will be made in full within 30 days of notification that the TEX -AN invoice is available
for retrieval from DIR/CTS's secured website. Customer represents that it possesses sufficient current
revenues to satisfy the timely payment of goods and services provided by DIR/CTS hereunder. In all
events, Customer shall be billed for and shall pay in a timely manner for all services actually ordered
and received up through the effective date of termination of services. Customer agrees it has no rights to
set off against bills received from DIR/CTS. Customer's covenant to pay survives termination of this
Service Agreement.
2.4 Customer is exclusively responsible for the operation and security of its premise equipment. The risk
of toll fraud or other unauthorized use of its premise equipment rests with the Customer. Customer
accepts this risk and understands that it shall be solely responsible to pay all charges, which may result
from toll fraud or unauthorized use of its premise equipment. Customer hereby releases and waives any
Page I
Service Agreement 2013
Vol. 204 Pg. —LL —1
FGlZQ&1rC "a
claim it may have now or in the future against DIR/CTS for the payment of charges arising from toll
fraud or other unauthorized use on its premise equipment.
2.5 Customer is a qualified entity to receive goods and services from DIR/CTS. Services will terminate
without liability to DIR/CTS should Customers eligibility status change during the term of this Service
Agreement.
III. Term
The term of this Service Agreement begins on the date of the last party to sign and is in effect until all
services are terminated or the Service Agreement is terminated in accordance with Article V hereof.
Please note that service terms may differ from vendor to vendor and from services to service and these
terms are reflected on the services order forms.
IV. Billing
4.1 DIR/CTS's first month's billing for any circuits provisioned will commence on the date provisioning
is completed.
4.2 DIR/CTS will cease billing circuits on the date disconnection is completed.
4.3 All other services shall be billed on an usage basis from the first date of actual service until the service is
disconnected.
4.4 In compliance with Title I, Chapter 207, Rule number 207.11, of the Texas Administrative Code:
customer's billing dispute timing and payment obligations shall track those found in the Prompt Payment
Act, Chapter 2251, Texas Government Code.
V. Termination and Amendments
5.1 DIR/CTS may provide notice of intent to terminate this Service Agreement for convenience by
sending a written statement to that effect, which shall be received by Customer no less than thirty (30)
days prior to the Effective Date of termination, DIR/CTS may terminate any Service Agreement for
cause, with an immediate Effective Date, by issuing written notice to Customer, upon failure of
Customer to make timely payment of bills. In addition to termination of services, DIR/CTS may notify
the State Comptroller of Public Accounts (CPA) Office of the Customer's debt to the state and request
the Customer be placed on the Payments on Hold List until payment for services is received.
5.2 A Customer may provide notice of intent to terminate this Service Agreement for convenience by
sending a written statement to that effect, which shall be received by DIR/CTS no less than thirty (30)
days prior to the Effective Date of termination. A Customer request to change a service shall not take
effect until Customer provides written notice to DIR/CTS of any changes to ordered services. If
DIR/CTS does not receive written notification, the Customer will continue to be billed monthly until
proper notification is received. No written termination notice shall be effective prior to the expiration of
thirty (30) days after receipt by DIR/CTS.
5.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in
writing by authorized representatives of DIR/CTS and the Customer.
Page 2
Service Agreement 2013
Vol. 204 Pg. 1,5
DIR- CTS -CSA-
Vl. Other Conditions of Service
6.1 Service rates are subject to change by DIR/CTS upon 30 -days written notice to Customer.
6.2 No conflicting terms or conditions found in Customer orders or forms shall become a part of this
Service Agreement.
6.3 If service and/or communications projects are canceled at any time prior to completion, Customer
shall be responsible for all actual costs incurred by DIR/CTS up to the date of cancellation. DIR/CTS
will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a
project.
6.4 DIR/CTS relies on third party contractors for the fulfillment of services contracted for hereunder.
Therefore, DIR/CTS makes no independent warranties or guarantees, express or implied, regarding said
services.
6.5 The following terms have the meaning indicated for purposes of this Service Agreement:
"Force Majeure" means the parties' performance under this Service Agreement shall be adjusted or
suspended by mutual agreement to the extent performance is beyond the reasonable control of
the parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood,
lightning, government action, acts of God or public enemy, delays of power company, local
exchange company, or other carrier. Failure of Customer to coordinate and cooperate so as to
delay DIR/CTS is not an event of Force Majeure. In the event of Force Majeure, the sole and
exclusive remedy to the party suffering the delay shall be an equivalent extension of the time for
performance. The parties shall document to one another the onset of events of Force Majeure
within three days of their onset.
"Provision" and "provisioning" means DIR/CTS has acquired, arranged for or provided at the
Customer's site, the equipment, supplies or other items necessary to provide the ordered
service(s), but does not mean the actual act(s) of turning up the ordered service(s).
VII. Customer Service Resources
Customer Service Resources may be found at bttR:// www. dir .texas.gov /cts/Pages/cts.aspx . Inquiries
regarding this Service Agreement may be directed to DIR, Service Fulfillment on 877- 472 -4848, option
4 or 512-463-7800.
Page 3
Service Agreement 2013
Vol. 204 Pg. /�
DIR- CTS -CSA-
Customer hereby agrees to the terms and conditions of this Service Agreement; represents that the
official executing this Service Agreement is authorized to bind the Customer to its terms; and that
Customer has completed all of its internal processes to make this a binding undertaking on the part of
Customer.
CUSTOMER: i�razos on i DEPARTMENT OF INFORMATION
OURCES
! t
NAME: John Hoffman
TITLE: Director, Communications Technology
Services
DATE:, DATE:
Page 4
Service Agreement 2013
Office of General Counsel
Vol. 204 Pg. /-j i�
13
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: July 15, 2014
ITEM: Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XVIII.
17.940 Acres, M Barrera Survey A-69, Station (ETJ), Brazos County, Texas.
Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
EXCEPTIONS /REQUIREMENTS:
• Brazos County will have no maintenance responsibility of private driveway located
off Anasazi Bluff Drive.
NOTES:
• Owner/Developer: Smiling Mallard Development, Ltd.
• Engineer /Surveyor: McClure & Browne Engineering/Surveying, Inc.
SUBMITTED BY:
Z'.
R. Alan Munger, P.
County Engineer
CC -2014
APPROVED BY:
R£
Lloyd Wasserman
Commissioner, Precinct 1
This Request is I/AP OVED / DENIED I by Commissioners' Court
E. Duane Peters, County Judge
110
Date
Vol. 204 Pg.
Jun, 27. 2005 3:23PM Brazos County Road & Bridge
Application for Development
Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979) 822 -2127 _
No. 0946 F. 1
Office use Only.
MesterPlan_ )�'t :Final Plat Re.Plat ! Amending, Plat
Property Deserlp*: '
Road Location: 12N0 OF A. AJA21 $Cuff DRIVE
legaiDescription: ,X, -AiAN LAkES VASE'LFr Atc Ck 27 L075 I —y
Suhdlvislon Description
Subdivision Name ;?N IAr✓ LAk ES AIM-rf /F
Total number of lots: 4 Total Acreage: J). 9 y o
Property Owner
Dwner name(s): s'sM A LLA R D UvELOP,a+ E.0 T-
Current mailing addre E S .? T stre, /CC) kYA.� 7 :
Phone number(s): C 9 7 9 X Y,� Y 3 A 4
Applicant or Author1W Agent, Engineer or Survey6
Name and Address: TR I A T,NEk ;JRr r4d4*E5 AS by
Phone number(s): ( 97 1 F Y!, — 4 7� y
Name and Address:
Phnnd number(s):
Application Is for
Residential (y' Mobile Home Park O Commercial ( )
Other ( )
Is any of the property located in a Floodplain or Flood Hazard area? v J (yes/no)
Adrnewtedgmeat: The flood baard bwMery maps and other need tan used by Brasses Cowry in evaluatag flood hazards to
proposed developments are cnmldered ressonabk and scduala for regulatory purposes and are based en the beet rvailable scleotinc
and engineering data_ On caret ooxsions tputer floods om end will occur and flood heights may be increased by man-made creatural
canes Gsuancc oft Eloodplain Permit in arcordutce with am Braaas County Flood Damage Prevention Ordinance doe not Imply
that development wealth; the cram of special flood harard will be Gee from flooding or hood damage. tsnanee oft permit shall wt
mate liability an the part of Brave County or any oft,= or employee of Brazos County in the event flooding or flood damage dots
oaar.
Is pan or all of the property within an ETJ of a City? _�'EJ' (yes /no)
Will any construction occur 1n TxDOT right-of-ways? r 0 (yes /no)
Application Check List:
Copies of finished plat with cohiections (if any):
B' 9 copies to Brazos County
B' One (1) copy to Brazos County Health Dept.
a, One (1) copy to Brazos County 911
elm One (1) copy to local Water District or Company
Levers of opproval (to be sent by the approving institution directly to Brazos County Engineering):
D Ldtcr from Brazos County Health Dept. — For onsite sewage evaluation.
0 lever from Br ms County 911 -- For road names.
❑ Lever from Water District or Company. — Stating water availability, etc..
If property is within an ETJ offs city:
❑ Approval notification from appropriate city.
Applicant attest that they have signed this application in the tapaehy, designated, if any, and further attests
that they have read document and the statement contained herein and any attached are true and factual. All
applicants are encouraged to review the County Regulations prior to any plat submittal, it is understood that
this application is not finished or dated until all documents listed above era filed at the Brazos County
Eagineering OWm and all_Wlicable blanks are filed in the application above.
Applicant's Sigtuttttre Date
County Witness Dam
YC L
Vol, 204 Pg. / 5 -
Jun. 21, 2005 3;23PM Brazos County Road 6 Bridge
No. 0946 P. 3
Engineer /Surveyor Check List for Plat Pre - Approval
[� 1)
Property toeoted within a City Extra Territorial Jurisdiction (ST7), contact with
that City requited before plat appNVal
Er 2)
Drawn on 24" x 36" sheet to male of 100' per inch or larger, If more than one sheet, an
Indpc sheet showing entire subdivision at a stale of 500 feet per inch or larger.
Ll" 3)
Include the words; "MASTER DEVELOPMENT PLAN —NOT FOR RECORD" or
"FINAL PLAT" or "RE-PLA7" or "AMENDING PLAT' in letters %" high,
tK 4)
Vicinity map which Includes enough of surrounding area to show general location of
subject property in relation to major roads and any city limits and county boundaries. No
scale required but include north arrow.
2- 5) Title Block with the following infomtation:
b— Name and address of subdivider, recorded owner, planner, engineer and surveyor.
Mi Proposed name ofSubdiyision. (Subdivision name 6t street names will be approved
through the Brazos County 911.) (Rapists need to retain original subdivision name.)
G- Date of preparation, (Include the date ofany revisions on the plat.)
[a, Engineer's scale in feet.
IY Total area intended to be developed.
OY Re -plat or Amending Plat, existing let and block description or Abstract name and
number.
a-- 6) North Arrow.
� n
7) Location of any current city or county limit lines, if applicable.
tY 8) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
Mt 9) Descriptions by metes and bounds of the subdivision which shall close within accepted
land surveying standards. (Shown on drawing; not separate description)
B' 10) Primary control points ordescriptions and ties to such control points, to which, later, all
dimensions, angles, beatings, block numbers, and similar data shall be referred. The plat
shall be located With respect to a corner of the survey or tract, or an original corner of the
original survey of which it is a pan.
[a,- 11) Name of contiguous subdivisions and names of owners of contiguous parcels of
unsubdlvided land, and an indication whether or cot contiguous properties are platted.
RY 12) Location of the 100 Year Floodplain and Floodway, if applicable, according to the most
recent available data.
3� 13) Note the FEMA FIRM Map panel number and revision date on plat
Lt/ 14) Topographic Information, including contours at two foot (2 ft) intervals, flowline
elevation and flow direction,
lK 15) Proposed drainage ooncept shown on plan, showing flow paths to primary system.
Vo"04 P¢. / IT
Jun. 27. 2005 3:24PM Brazos County Road & Bridge No. 0946 P. 4
6r 16) Locate and Describe, with ncourato dimensions, bearings or deflecOn angles and radii,
area, enter angle, degree of curvature, tangent distance and length of all curves; show
:-!existing items that are Intersecting or contiguous with the boundary of or forming a
:. boundary with the subdivision, as wellas, those within the subdivision; for the
''following:
Existing Proposed
4- 9- Streets: continuous or end in a culdesac, stubbed out strata must end into a
temp. turn around unless they am shorter that 10o feet
9-� lY Public and private R.A.W, locations, width(s) and names. (All existing and
proposed R0, W.'s sufficient to meet County and City Regulafions, if
applicable.)
6' f3 Street offsets and/or Intersection angles meet ordinance.
fiY GY Alleys
@- Reserve Naas.
GY l9� Well site locations.
lY G3 Pipelines: label company with volume and page.
D� 8�- Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.)
a- Easements.
C� 15-- Drainage Structures and improvements per engineering analysis.
CS✓ 93 A number or letter to identify each lot or site and each block
R� Public areas.
9K lr Other Public improvements, including but not limited to parks, schools and
other public facilities.
6' 17) All off -site easements for infrastructure construction must be shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be filed prior or concurrently with final plat.
U- 18) Proposed phasing. The Master Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
Ilk, 19) Bring this check list with one copy of plat for pra- approval to mating; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos County Engineering
Road k Bridge Department
2617 Hwy 21 West
Bryan, Texas 77803
(979)822 -2127 .
V01.1gi
Jun. 27, 2005 3:24PM Brazos County Road & Bridge
Brazos County Pre - Application For Plat Approval
No. 0946 P. F
Date: 3 ! y
M ter Plan Final Plat / Re -Plat Amending Plat_
.ReOe R rhna assigned for Application and Plat Review with'&Lrnty Engineer. or Planner: N
Description of PmperV.
Subdivision Name: T/v 6 ra Ai L A k E'S N,Q SE IF
Property Location; C," p o F AI ,A T A L I 6 f v Il F D R i u E
Leg41 Lis scription: = A„§N LAti ES Pt{AS� l a Z 13 eocK °t c u-rS /- y
Applicant or Authorized Agent: TRq��d WIA,QTi,✓tG(:
Phone Number (s): _� 9-) y> 2 `l 6 – Y3 P t- `
This is a notification to Brazos County that aplan for development exists for this noted piece of property.
This is not the official Application for Development. This also does not commit the Applicant listed above
to file an Application for Development or to file any type of plat for Record.
All properties within the County of Brazos are submitted to the rules and regulations set up by the Brazos
County Commissioners Court. Copies of the Brazos Courtly Subdivision and Development Regulations and
the Brazos County Flood Damage Prevention pniinancc are available from the Brazos County Engineering
and Planning Departments. All applicants are encouraged to review the regulations prior to any plat
submittal.
Attached is a general check list to be used by a Registered Engineer or Registered Professional Land
Surveyor, licensed by the State of Texas, for the sole purpose of sutnmarithtgthe needs of a finished plat,
All County and City Ordinances and Regulations must be mct. This is not a short list ofdemils of said
regulations. Details of the idems listed are in said ordinances, and said ordinances take precedence over this
check list.
Applicants signature. —
Vol. 204 Pg.
3 G I
Date of Signature
14
BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: July 15.2014
ITEM: Consider and take action on the Final Plat of Saddle Creek Subdivision Phase 1 I;
34.025 Acres-, James C Stuteville League. A -216: College Station lETJ1: Brazos County,
Texas. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
EXCEPTIONS/REQUIREMENTS:
NOTES:
• Owner/Developer: Saddle Creek Partners, Ltd.
• Engineer /Surveyor: Schultz Engineering LLC/Kerr Surveying, LLC
SUBMITTED BY:
R. Alan Munger, P.
County Engineer
APPROVED BY:
Lloyd W dserman
Commissioner, Precinct 1
This Request is VIAP PROVED / DENIED 11by Commissioners' Court
Peters, County Judge
Vol. 204 Pg. �/ 4,2
Application for Development office use only.
Brazos County Subdivision end Development Regulations
Brazos County 2nglneering Department
2617 Hwy 21 West, Bryett, Texas 77803
(979)822.2127
Master Pion Final Plat ✓ Re -Plat _ Amending Plat —
Property Descriptlon
RWdLOMdOG: yiMso 06eCoun
Leo Description: , Jemesc. soeNlle Leapue. A 219
Subdivision Description
Subdivision Name: Saddle Creek SubdlNsbn - PMm I t
ToW number of lots: 19 Total Acreage: d° cos area
Proper'ty' �O�wner
ownername(a): Saddle Creek Pa ers,LTO —
Clareat mallhyg address:.a.o eadwmd ode., caeaea st,me. 7x Haas
Phone number(s).
Applicant or Authorized Agent, Engineer or Surveyor
Name and Address: SadAe Cnek PeMers. LTD - ML Sc n, d rem d Omer, Catepa Statdn. T 77845
Phone numbes(a }, —
Name and Addresa: S ft E OlaeaMa LLC -.b1 SCMIU VW Lon4Nie Dme. Sulu A, Coneoa Saum TX nMs
Pboae oumbes(s). 979.7aaD
Application Is for
Residential IV Mobile Home Park () Commercial ( )
other ( )
Is any of the property located In a Floodplain or Flood Hazard am? (yes/no)
Adnowlailpeme The flood hard bweeLay maps mW oMrr flood dab used by Beams County in antuating flood hazards in
ptopard develop ulau3 as mnNerrd trasombb and accurst: for rRLd�y pmPosa and re based on the bat available seieaaGc
rd date. tat tam abatis Vesta Goads an avid will ooar and flood h4fus maybe I by mmauds or rarwal
cross. leuasoe of a Floodphsla Puma In socudanee well the Braaot Camty Flood Damage Pmvawion Ordinance does rot imply
dm dc.depaat maaida the aria arvocid now bused win be am Goal nmdlag ar flood danwae. Isswnee of a paau spill M
awn K"Ity, on she prd oritruds County or arty oBra orempbyee of Brame County in the even flaeding a flood damage dm
o=r.
b part or all of the property within an ETJ of a City? Yes (yes/no)
Will any construction occur in TxDOT right-of-ways? no (ycs/no)
Application Check List:
Copies of finished plat with eorteetions (if any):
6 9 copies to Brazos County
0 One (1) copy to Brazos County Health Dept.
0 One (1) copy to Brazos County 911
0 One (1) copy to local Water District or Company
Letters of approval (to be scat by the approving bustitution directly, to Brazos County Eagiaeering}
0 Letter 6om Brazos County Health Dept – For onsite sewage evaluation.
0 Letter fiom Brains County 911– For toad names.
0 letter from Water District or Company. – Sating water availability, etc..
If property is within an ETl of a city:
0 Approval notlficstioc from appropriate city.
Applicant attest the they have signed this application in the capacity daigmtcA if any, and Rlrther attats
that they have read document and the statement contained herein and any attached are true mad factual!. Al I
applicants are encouraged to review the County Regaltdoas prior to any plat submittal. R is understood that
this application is not finished or dated until all documents listed above sure Bled at the Bruns County
e red all applicable blanks are filled to the application above.
a e� �, S�.eJ(e � �I o •��
A Ht's Signatum r7 _ a y� S Date
County Witness
Vol. 204 Pg. ��
Date
15
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: July 15, 2014
SUBJECT: Private Property Access
Request permission to enter private property owned by David and Michelle Leatham
located on I &GN Road for the purpose of repairing roadway culverts. Project will
remove silt and install new culverts. Rip -rap material will be placed on private property
for erosion control. Site is located in Precinct 1.
SUBMITTED BY:
J Salvato
Right of Way Agent
APPROVED BY:
Lloyd Vassermann
Commissioner Precinct 1
This request is "PROVED / DENIED 0 by Commissioners' Court
Duane Peters, County Judge
j
Date: q I s 114
Vol. 204 Pg. /
DocuSign Envelope ID: D909C400- 0979 -455A- 98FD- BA5FD80795eF
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E Duane Paters
Brazos County Judge
Doyd WNNrmann
Commissioner Pd. 1
Sammy Catalano
Commissioner Pct 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pet.4
OWNER(S): David and Myke Leathern
R. Nan Munger. P.E.
County Engineer
Brazos County Road 8 Bridge Dept
2617 Hwy 21 WNt
Bryan, Texas 77807
Off": 979.622.2127
Fax: 979 - 775 -0453
ramunpera oazoscountytx.pw
II. ADDRESS: 13464 I &GN Road
College Station, Texas 77845
III. LOCATION OF WORK: Same as above
R303341 —Willow Run Sub., Phase 1, Lot 1B, 5.1 acres
IV. DESCRIPTION OF WORK: Request permission to enter private property for the
purpose of repairing roadway culverts. Temporary work space is needed to
remove silt and install new culverts. Rip -rap material will be placed on private
property for erosion control. This work is being done for the health, safety and
welfare of the general public.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
l3D1209413D914D7-_. -_
d,. , .. ' N. !:' .`i /,,; . 11/18/2013
Owner's Signature: r Date:
:-cu Signed Ely Michelle'Mykr' Leatham
MiChelle 'Myke' Leatham
R. Alan Munger, P. JoKIYJ. Salvato
County Engineer Rfdht of Way Agent
Vol. 204 Pg. / 5
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
July 15, 2014
Private Property Access
Request permission to enter private property owned by George Klett located on
Stousland Road. Project will cut and remove dead brush along right -of -way /fence line.
Site is located in Precinct 1.
SUBMITTED BY:
e V. Salvato
Right of Way Agent
APPROVED BY:
till�il Q LL/ Li l dGe MAI
Lloyd Wassermann
Commissioner Precinct 1
This request is "PROVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: �
Vol. 204 Pg.
�f
�Ll P ti
Y ap 0
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lfoyd Wassermann
Commissioner Pot, 1
Sammy Catalano
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Caulay
Commissioner Pct. 4
R. Alan Munger, P.E.
County Engineer
Brazos County Road & Bndge Dept.
2817 Hwy 21 West
Bryan, Texas 77803
Office: 979 -822 -2127
Fax: 979- 775-0453
ramungsr (Mbmazosccuntytz.gw
I. OWNER(S): George Klett
II. ADDRESS: P. 0. Box 555
Wellborn, Texas 77881
III. LOCATION OF WORK: 5290 & 5302 Stousland Road
R87809 — Samuel Davison, A -13, tract 17.23, 1.58 acres
R82867 —Samuel Davison, A -13, tract 17.21, 2.16 acres
IV. DESCRIPTION OF WORK: Request permission to enter property for the purpose of
cutting and removing dead brush along right -of- way /fence line.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: ��. '-- Date: 7-7-1S6
R. Alan Munger, P. .
County Engineer
J . Salvato
FtIght of Way Agent
Vol. 204 Pg. _Z L_1
11
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: July 15, 2014
SUBJECT: Private Property Access
Request permission to enter private property owned by Robert and Jewel Thomas
located on Stousland Road. Project will cut and remove dead brush along right -of-
way /fence line. Site is located in Precinct 1.
SUBMITTED BY:
JoOT. Salvato
Right of Way Agent
APPROVED BY:
e
Lloy Wassermann
Commissioner Precinct 1
This request is 4 APPROVED / DENIED 0 by Commissioners' Court
Duane Peters, County Judge
DATE: 9I 6 0 I 11
Vol. 204 Pg. / �
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Catalena
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct 3
Irma Cauley
Commissioner Pct. 4
IV.
ti� <v. o�r•q,,
1 _� n
r or P
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
OWNER(S): Robert and Jewel Thomas
ADDRESS: 27242 Wells Lane
Conroe, Texas 77385
R. Alan Munger, P.E.
Couny Engineer
Brazos County Road 8 Bndge Dept.
2617 Hvy 21 West
Bryan, Texas 77BC3
Office 979- 822 -2127
Fax. 979 - 7750453
ramungengbrazoscol,irt" gov
LOCATION OF WORK: 5308 Stousland Road
R83202 — Samuel Davison, A -13, tract 17.22, 2.2 acres
DESCRIPTION OF WORK: Request permission to enter property for the purpose of
cutting and removing dead brush along right -of- way /fence line.
Additional Comm
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature:
!.� '
PE-
R. Alan Munger, .E.
County Enginee
Date:
J V. Salvato
Right of Way Agent
Vol. 204 Pg. y
1
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: July 15, 2014
SUBJECT: Private Property Access
Request permission to enter private property owned by John Schoellman located on
Green Branch Loop. Project will cut and remove dead tree along right -of -way /fence
line. Site is located in Precinct 2.
SUBMITTED BY:
e V. Salvato
Right of Way Agent
APPROVED BY:
a Catalena
Commissioner Precinct 2
This request is Id Al PROVED / DENIED (] by Commissioners' Court
Duane Peters, County Judge
DATE:
Vol.-204 Pg. /j0
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
?. Duari, Peters
R. Alan Munear, P.E.
orazos County Judge
County Engineer
Brazos County Road 8 Bridge Dept.
Lloyd Wassermann
2817 Hwy 21 West
Commissioner Pot. 1
Bryan, Texas 77803
offioe: 979 -822 -2127
Sammy Calalana
Fu: 979 - 775 -0453
Commissioner Pd. 2
ramunger ®bruoscauntyRgov
Kenny Mallard
Commissioner Pd. 3
trme Cauley
Commissioner Pot.4
OWNER(S): John Schoellma^
II. ADDRESS: 1200 Guadalupe Drive
College Station, Texas 77840
III. LOCATION OF WORK: 8501 Green Branch Loop
R364883 — Green Branch Ridge, ph. 3, Lot 17, 1.82 acres
IV. DESCRIPTION OF WORK: Request permission to enter property for the purpose of
cutting and removing dead tree along right -of -way ! fence line.
Additional Comments:
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: Date:
y r
R. Alan Munger, P.E. Jo /. Salvato
County Engineer - Right of Way Agent
Vol.-204 Pg. /%/
DEPARTMENT:
MEETING DATE:
SUBJECT:
19
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
July 15, 2014
Private Property Access
Request permission to enter private property owned by Terry McMullin located on
Whispering Oaks Drive. Project will cut and remove dead tree along right -of -way /fence
line. Site is located in Precinct 2.
SUBMITTED BY:
J V. Salvato
Right of Way Agent
APPROVED BY:
Sa Catalena
Commissioner Precinct 2
This request is O'A PROVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: 11S
Vol. 204 Pg. /7,2,
tl NSe OF
t'�l
.o
G�rr 07
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Catalena
Commissioner Pct 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct. 4
OWNER(S): Terry McMullin
R. Alan Munger, P. E.
County Engineer
Brazos County Road d Bridge Dept.
2817 HWy 21 West
Bryan, Texas 77803
Office : 979-8222127
Fax: 979 - 775.0453
ram unger Ctirazoscountybagov
II. ADDRESS: 4870 Whispering Oaks Drive
College Station, Texas 77845
III. LOCATION OF WORK: Same as above
R27034 — Enchanted Oaks, Block 2, Lot 3 & 9, 6.85 acres
IV. DESCRIPTION OF WORK: Request permission to enter property for the purpose of
cutting and removing dead tree along right -of -way / fence line.
Additional Comments:
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NIA
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Ad /
•
R. Alan Munger, P. ./
County Engineer IV
Vol. 204 Pg.
Date: C
Jo . Salvato
Right of Way Agent
ZZ
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR
NO. 13/14 39.1— 39.4
On this the 15th day of July 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 l
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 15th day of July 2014 the Court heard and approved a budget amendment for
the 2013 -2014 budget year for Brazos County, Texas; and
VFHEREAS, expenditure is necessary due to the necessityto 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 15th day of July 2014.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By .---
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. 204 Pg. 7e4
Records
of funds for additional
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 39.1
Vol. 204 Pg. ,WSJ
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR
NO. 13/14 39.1— 39.4
On this the 15th day of July 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 15th day of July 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 15th day of July 2014.
THE COMIVIISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. 204 Pg. _Z � 6-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 39.1
7 /1 512 01 4
®' ® 'mmmmmmm. .
is err -Is FRIN 1.111110 e®
rr
r rr� -� Contract Services rr
County Re ord, 111magement
Reallocation of funds for additional paper ��� ■�� ��
shredding
Vol. 204 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. .13/14. 39.2
711512014
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100
31010000
71500000
CR
Rental Equipment
5,519.50
0100
31000200
67281000
DR
E ui ent - Electronic
230.00
0100
31000200
67050000
DR
Appliances
3,947.00
0100
31000200
67342000
DR
Fumiture
1342.50
TYC Parole and Suvenile Detention
Reallocation of funds for the purch ase of a commercial dryer, Idtchen shelving, and camcorder for the Detention Center.
Vol. 204 Pg. / %
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114. 39.3
7/1512014
w wo ff
Vol. 204 Pg. �y
�DepartmantApproval
,��
k
N., ljrppate,
ff v at
Vol. 204 Pg. �y
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114. 39.4
7/15/2014
-m`Condingency
General Fund Contingency and SO - Admin
Reallocation of funds for vehicle maintenance for the remainder of FY 14.
- - -_ =�
Vol. 2 04 Pg. / i el"
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 15, 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
Brazos Center
Rios, Danielle
New Hire
Collections Charanza, Lori Promotion
Pope - Gonzales, Ashlee Trans to Another
Dept.
Juvenile Chumley, Keith State Stipend
Maldonado, Reyna Trans Win Dept
S.O. — Jail Contreras, Miguel Resignation
Hallford, Jaylon Resignation
McRae, Jacob Resignation
Approved in Commissioners' Court: july 15
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 204 Pg. / 6� /
z6